Agenda 11/14/2023 Item #17E (Ordinance - Rezoning the Property From Rural Agricultural (A) zoning dictrict w/Airport ZXoning Overlay to a (RPUD) Residential Planned Unit Development )SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
November 14, 2023
Move Item 17E to 9A: This item requires ex-parte disclosure be provided by the Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance
rezoning property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential
Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as Rock
Creek Estates RPUD to allow development of up to 15 unit single-family dwelling units, a private recreational
amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport-Pulling Road, on the
south side of North Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50
South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779] (Commissioner Hall’s request) (26488)
Move Item 17A to 9B: Recommendation to approve an Ordinance amending the Collier County Land
Development Code, to establish Rules of Decorum related to Neighborhood Information Meetings.
[PL20220008172] (This is a companion to Item 11D formerly 16.A.1) (Commissioner LoCastro’s request) (26488)
Move Item 16A1 to 11D: Recommendation to approve a resolution amending Ordinance No. 2004-66, as
amended, which created an Administrative Code to establish the Rules of Decorum for Neighborhood Information
Meetings and provide an effective date. (This is a companion to Item 9B formerly 17.A) (Commissioner LoCastro’s
request) (26488)
Move Item 16K2 to 12A: Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of
County Commissioners authorize the County Attorney to help select and retain outside counsel at County expense
to represent Commissioner McDaniel, who is being sued by Naples Golf Development, LLC in a public records
dispute, and in addition to exempt the selection of outside counsel from the competitive process as permitted under
section four, subsection seven of Collier County Purchasing Ordinance No. 2020-28, as amended. (Commissioner
Saunders’ request) (26988)
Add-on Item 15B2: Staff update on the Legend Concert series at the Paradise Coast Sports Complex.
(Commissioner Saunders’ request)
Notes: .
TIME CERTAIN ITEMS:
Item 13A to be heard at 10AM: US Department of Justice and Treasury combined Equitable Sharing Agreement
and Certification County endorsement.
Item 11A to be heard at 11AM: Water, Wastewater, Irrigation Quality Water, and Wholesale Potable Water User
Rate and Fee Study.
11/29/2023 9:45 AM
11/14/2023
EXECUTIVE SUMMARY
This item requires the Commission members to provide ex-parte disclosure. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve an ordinance rezoning the
property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential
Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as
Rock Creek Estates RPUD to allow the development of up to 15 unit single-family dwelling units, a private
recreational amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport -
Pulling Road, on the south side of North Road, across the street from Terminal Drive to the Naples Airport,
in Section 2, Township 50 South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779]
OBJECTIVE: To have the Board of County Commissioners (“Board”) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding
the above-referenced petition, render a decision regarding this rezoning petition and ensure the project is in
harmony with all the applicable codes and regulations to ensure that the community's interests are maintained.
CONSIDERATIONS: The subject property is located west of Airport-Pulling Road, on the south side of North
Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50 South, Range 25
East, Collier County, Florida, consisting of 11.36+/- acres. The petitioner seeks to rezone the property from a Rural
Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential Planned Unit Development
(RPUD) Zoning District with an Airport Zoning Overlay for a project to be known a s the Rock Creek Estates
RPUD to allow the development of up to 15 unit single-family dwelling units, a private recreational amenity, and a
boat ramp with 12 private boat slips. The subject property is comprised of one parcel owned by ELAH Holdings,
LLC.
FISCAL IMPACT: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help
offset the impacts of each new development on public facilities. These impact fees are used to fund projects
identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the
adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit
include building permit review fees. Please note that impact fees and taxes collected were not included in the
criteria used by staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT: The subject property is designated Urban Mixed-Use District, Urban
Residential Subdistrict and is in the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map
(FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP).
Relative to this petition, the Urban Residential Subdistrict allows a residential density of 3.0 dwelling units per acre
(3 DU/A) - as well as associated recreational uses (base density of 4 DU/A less 1.0 DU/A for lying within the
CHHA). This petition proposes a residential density of 1.33 DU/A (15 DUs/11.36 acres) and recreational amenities.
Comprehensive Planning staff has found this project consistent with the Future Land Use Element of the GMP.
Transportation Element: In evaluating this project, staff reviewed the applicant’s June 8, 2022, Impact Statement
for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the
current 2022 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP
states:
“The County Commission shall review all rezone petitions, SRA designation applications, conditional use
petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall
countywide density or intensity of permissible development, with consideration of their impact on the overall
County transportation system, and shall not approve any petition or application that would directly access a
deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment
that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or
17.E
Packet Pg. 2140
11/14/2023
adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level
of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are
also approved. A petition or application has significant impacts if the traffic impact statement reveals that
any of the following occur:
a. For links (roadway segments) directly accessed by the project where project traffic is equal to or
exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to or
exceeds 2% of the adopted LOS standard service volume; and
c. For all other links, the project traffic is considered to be significant up to the point where it is
equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part
of the traffic impact statement that addresses the project’s significant impacts on all roadways.”
Staff has evaluated the Traffic Impact Statement submitted with the proposed petition and has found that the
proposed Rock Creek Estates PUDZ will add +/- 17 PM peak hour two-way trips on the adjacent roadway network.
The additional trips will impact the following roadway network links:
Link
#
Roadway Link Location 2022
AUIR
Existing
LOS
P.M. Peak Hour
Peak Direction
Service
Volume/Peak
Direction
2022 AUIR
Remaining Capacity
5.0 Airport
Pulling
Road
Radio Rd to Davis
Blvd
C 2,800/North 720
4.0 Airport
Pulling
Road
Radio Rd to Golden
Gate Parkway
D 2,800/North 587
6.0 Airport
Pulling
Road
Davis Blvd to US-
41
C 2,700 South 1,046
Staff notes that the roadway network has sufficient capacity to accommodate the proposed Rock Creek Estates
development. Therefore, the proposed development is consistent with Policy 5.1 of the Transportation Element of
the Growth Management Plan within the 5-year planning period, and Transportation Planning staff recommends
approval of the request.
Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to
be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 0.52
acres of native vegetation. A minimum of 0.13 acres (25%) of native vegetation is required to be preserved.
GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed
rezoning. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the
overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning
petition. This petition is consistent with the GMP.
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The CCPC heard Petition PUDZ-
PL20220001779, Rock Creek Estates RPUD, on October 5, 2023, and voted 7-0 to forward this petition to the
Board with a recommendation of approval with required changes to the PUD as explained below. There was
disagreement and opposition between the Naples Airport Authority and the petitioner regarding an avigation
easement. As such, this petition will be placed on Advertised Public Hearings. During the meeting, both parties
17.E
Packet Pg. 2141
11/14/2023
could come to a mutually agreeable agreement; however, the details of this agreement were not presented to the
CCPC as the exact language details needed to be established. Moreover, it was discussed that the CCPC wanted the
BCC to understand that the CCPC did not review this mutually agreeable agreement and will be reviewed at the
BCC meeting. The required changes and additions to be added to the PUD by the CCPC include:
Exhibit A, Section III - Private Dock Area:
• Change 15 slips to 12 slips.
Exhibit F, Section 5, City of Naples Airport Authority:
• Modify language to include the mutually agreeable agreement between the Naples Airport Authority and
the Petitioner
The changes were accepted by staff, and these revisions were added to the Ordinance.
LEGAL CONSIDERATIONS: This is a site-specific rezone to a Residential Planned Unit Development (RPUD)
Zoning District for a project to be known as the Rock Creek Estates RPUD. The burden falls upon the applicant to
prove that the proposed rezoning is consistent with all the criteria below. Should it consider denying the rezone, the
burden shifts to the Board of County Commissioners to determine that such denial would not be arbitrary,
discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or
more of the listed criteria below.
Criteria for RPUD Rezones
Ask yourself the following questions. The answers assist you in making a determination for approval or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and
other utilities.
2. Is there adequacy of evidence of unified control and suitability of agreements, contracts, or other
instruments or for amendments in those proposed, particularly as they may relate to arrangements or
provisions to be made for the continuing operation and maintenance of such areas and facilities that are
not to be provided or maintained at public expense? Findings and recommendations of this type shall
be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed RPUD with the Growth Management Plan's goals, objectives,
and policies.
4. Consider: The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development?
6. Consider: The timing or sequence of development (as proposed) to assure the adequacy of available
improvements and facilities, both public and private.
7. Consider: The ability of the subject property and surrounding areas to accommodate expansion.
8. Consider: Conformity with RPUD regulations, or as to desirable modifications of such regulations in
the particular case, based on a determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the
Growth Management Plan elements?
17.E
Packet Pg. 2142
11/14/2023
10. Will the proposed RPUD Rezone be appropriate considering the existing land use pattern?
11. Would the requested RPUD Rezone result in the possible creation of an isolated district unrelated to
adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed amendment
necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types of traffic
deemed incompatible with surrounding land uses because of peak volumes or projected types of
vehicular traffic, including activity during construction phases of the development, or otherwise affect
public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent property in
accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with
existing zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration that would be
required to make the property usable for any of the range of potential uses under the proposed zoning
classification.
25. Consider: The impact of development resulting from the proposed RPUD rezone on the availability of
adequate public facilities and services consistent with the levels of service adopted in the Collier
County Growth Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended.
26. Are there other factors, standards, or criteria relating to the RPUD rezone request that the Board of
County Commissioners shall deem important in the protection of public health, safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written materials
supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, lett ers from
interested persons, and the oral testimony presented at the Board hearing as these items relate to these criteria.
17.E
Packet Pg. 2143
11/14/2023
Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the
applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item is
approved as to form and legality and requires an affirmative vote of four for Board approval (HFAC)
RECOMMENDATION: To approve the applicant’s request to rezone the property from a Rural Agricultural (A)
Zoning District with an Airport Zoning Overlay to a Residential Planned Unit Development (RPUD) Zoning
District with an Airport Zoning Overlay for a project known as Rock Creek Estates RPUD zoning district.
Prepared by: Timothy Finn, AICP, Planner III, Zoning Division
ATTACHMENT(S)
1. Staff Report - Rock Creek Estates RPUD (PDF)
2. Attachment A - Revised Ordinance - 10-19-23 (PDF)
3. Attachment B - Waiver from Cultural Archaeological Assessment (PDF)
4. Attachment C - July 13, 2023 - Naples Airport Authority Letter (PDF)
5. [Linked] Attachment D - Application-Backup Materials (PDF)
6. Attachment E - Hearing Advertising Sign (PDF)
7. Attachment F - Correspondence from Naples Airport Authority (PDF)
8. legal ad - agenda ID 26488 (PDF)
17.E
Packet Pg. 2144
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 26488
Item Summary: This item requires ex-parte disclosure be provided by the Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance
rezoning property from a Rural Agricultural (A) Zoning District with an Airport Zoning Overlay to a Residential
Planned Unit Development (RPUD) Zoning District with an Airport Zoning Overlay for a project known as Rock
Creek Estates RPUD to allow development of up to 15 unit single-family dwelling units, a private recreational
amenity, and a boat ramp with up to 12 private boat slips on property located west of Airport -Pulling Road, on the
south side of North Road, across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50
South, Range 25 East; consisting of 11.36+/- acres. [PL20220001779]
Meeting Date: 11/14/2023
Prepared by:
Title: – Zoning
Name: Tim Finn
10/10/2023 3:42 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/10/2023 3:42 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 10/11/2023 4:34 PM
Zoning Mike Bosi Division Director Completed 10/13/2023 8:34 AM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
10/13/2023 5:23 PM
Growth Management Community Development Department James C French Growth Management Completed
10/30/2023 6:09 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/01/2023 9:53 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 10:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 10:59 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 9:21 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/06/2023 9:58 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
17.E
Packet Pg. 2145
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 1 of 17
Revised: August 29, 2023
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: OCTOBER 5, 2023
SUBJECT: PUDZ-PL20220001779; ROCK CREEK ESTATES RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD)
______________________________________________________________________________
Owner:
Erik Mogelvang, Manager
ELAH Holdings, LLC
2590 Golden Gate Parkway
Naples, FL 34105
Agent:
Josephine Medina, AICP
RVi Planning + Landscape Architecture
28100 Bonita Grande Drive #305
Bonita Springs, FL 34135
REQUESTED ACTION:
The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an
application to rezone property from a Rural Agricultural (A) Zoning District with an Airport Zoning
Overlay to a Residential Planned Unit Development (RPUD) Zoning District with an Airport
Zoning Overlay for a project to be known as the Rock Creek Estates RPUD to allow development
of up to 15 unit single-family dwelling units, a private recreational amenity, and a boat ramp with
15 private boat slips. The subject property is comprised of one parcel owned by ELAH Holdings,
LLC.
GEOGRAPHIC LOCATION:
The subject property is located west of Airport-Pulling Road, on the south side of North Road,
across the street from Terminal Drive to the Naples Airport, in Section 2, Township 50 South,
Range 25 East, Collier County, Florida, consisting of 11.36+/- acres (see location map on page 2).
PURPOSE/DESCRIPTION OF PROJECT:
This petition seeks to rezone the property to RPUD to allow for the development of up to 15
dwelling units at 1.3 (DU/AC), a private recreational amenity, and a boat ramp with 15 private
boat slips for a project to be known as Rock Creek Estates RPUD.
17.E.a
Packet Pg. 2146 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 2 of 17
Revised: August 29, 2023
17.E.aPacket Pg. 2147Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 3 of 17
Revised: August 29, 2023
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses, zoning classifications, and maximum
approved densities for properties surrounding boundaries of Rock Creek Estates RPUD:
North:
North Road (local road), then developed as Naples Municipal Airport with a
current zoning designation of Airport Commercial (C4) District in the City of
Naples.
East: Developed single-family residential, with a current zoning designation of Rural
Agricultural (A) District.
South: Canal, then developed with single and multi-family residential, with a current
zoning designation of Residential Multi-Family (RMF-6) District.
West: Developed single-family residential, with a current zoning designation of Rural
Agricultural (A) District
Source: RVi Planning + Landscape Architecture
17.E.a
Packet Pg. 2148 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 4 of 17
Revised: August 29, 2023
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Urban Mixed Use
District, Urban Residential Subdistrict and is in the Coastal High Hazard Area (CHHA), as depicted
on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier
County Growth Management Plan (GMP). Relative to this petition, the Urban Residential
Subdistrict allows a residential density of 3.0 dwelling units per acre (3 DU/A) – as well as
associated recreational uses (base density of 4 DU/A less 1.0 DU/A for lying within the CHHA).
This petition proposes a residential density of 1.33 DU/A (15 DUs/11.36 acres) and recreational
amenities. Comprehensive Planning staff has found this project consistent with the Future Land
Use Element of the GMP.
Transportation Element: In evaluating this project, staff reviewed the applicant’s June 8, 2022,
Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth
Management Plan (GMP) using the current 2022 Annual Update and Inventory Reports (AUIR).
Policy 5.1 of the Transportation Element of the GMP states,
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element
(FLUE) affecting the overall countywide density or intensity of permissible development,
with consideration of their impact on the overall County transportation system, and shall
not approve any petition or application that would directly access a deficient roadway
segment as identified in the current AUIR or if it impacts an adjacent roadway segment that
is deficient as identified in the current AUIR, or which significantly impacts a roadway
segment or adjacent roadway segment that is currently operating and/or is projected to
operate below an adopted Level of Service Standard within the five year AUIR planning
period, unless specific mitigating stipulations are also approved. A petition or application
has significant impacts if the traffic impact statement reveals that any of the following
occur:
a. For links (roadway segments) directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal to
or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s significant
impacts on all roadways.”
Staff has evaluated the TIS submitted with the proposed petition and has found that the proposed
Rock Creek Estates PUDZ will add +/- 17 PM peak hour two-way trips on the adjacent roadway
network. The additional trips will impact the following roadway network links:
17.E.a
Packet Pg. 2149 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 5 of 17
Revised: August 29, 2023
Link
#
Roadway Link Location 2022
AUIR
Existing
LOS
P.M. Peak
Hour Peak
Direction
Service
Volume/Peak
Direction
2022 AUIR
Remaining Capacity
5.0 Airport
Pulling
Road
Radio Rd to Davis
Blvd
C 2,800/North 720
4.0 Airport
Pulling
Road
Radio Rd to
Golden Gate
Parkway
D 2,800/North 587
6.0 Airport
Pulling
Road
Davis Blvd to US-
41
C 2,700 South 1,046
Staff notes that the roadway network has sufficient capacity to accommodate the proposed Rock
Creek Estates development. Therefore, the proposed development is consistent with Policy 5.1 of
the Transportation Element of the Growth Management Plan within the 5-year planning period,
and Transportation Planning staff recommends approval of the request.
Conservation and Coastal Management Element (CCME): Environmental review staff has
found this project to be consistent with the Conservation & Coastal Management Element
(CCME). The project site consists of 0.52 acres of native vegetation. A minimum of 0.13 acres
(25%) of native vegetation is required to be preserved.
GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as
this proposed rezoning. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. This petition is consistent with the
GMP.
STAFF ANALYSIS:
Applications to rezone to or to amend RPUDs shall be in the form of a RPUD Master Plan of
development, along with a list of permitted and accessory uses and a development standards table.
The RPUD application shall also include a list of developer commitments and any proposed
deviations from the LDC. Staff has completed a comprehensive evaluation of this land use
petition, including the criteria upon which a recommendation must be based, noted explicitly in
LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the
“PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission
Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s
recommendation. The CCPC uses the criteria above as the basis for its recommendation to the
Board, which in turn uses them to support their action on the rezoning or amendment request.
These subsections are evaluated below under the heading “Zoning Services Review.” In addition,
staff offers the following analyses:
17.E.a
Packet Pg. 2150 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 6 of 17
Revised: August 29, 2023
Environmental Review: Environmental Planning staff has reviewed the petition to address
environmental concerns. The required preserve is 0.13 acres (25% of 0.52 acres); the applicant has
provided 0.51 acres of preservation onsite. The proposed preserve is a mangrove fringe that exists
along Rock Creek. No listed animal species were observed within the property. The applicant is
proposing a 15-slip docking facility with a boat ramp. In accordance with LDC section 5.05.02,
all proposed multi-slip docking facilities with ten or more slips are required to be reviewed for
consistency with the Manatee Protection Plan (MPP). The marina citing criteria establishes three
rankings for proposed multi-slip docking facilities: “Preferred,” “Moderate,” and “Protected.” The
manatee consistency determination review (PL20220006922) resulted in a Preferred ranking for
the proposed docking facilities.
Transportation Review: Transportation Planning staff has reviewed the petition for compliance
with the GMP and the LDC and recommends approval.
Utility Review: The project lies within the potable water and sanitary sewer service areas of the
City of Naples Utilities Department. The City of Naples provided a Potable Water and Sanitary
Sewer Service Availability Letter for the project on March 3, 2022, included in Attachment D.
Landscape Review: The applicant seeks a deviation from an internal buffer. However, the
perimeter buffers labeled on the Master Plan are in accordance with the Land Development Code.
Stormwater Review: Stormwater Management Section staff has reviewed the petition for
compliance with the GMP and the LDC and recommends approval of this project.
Historic Preservation Review: The subject property lies within a Historical/Archaeological
Probability Area, and the petitioner was required to submit a waiver application from the required
historical and archaeological survey and assessment application. (See Attachment B – Waiver from
Cultural Archaeological Assessment) This application was heard before the
Historical/Archaeological Preservation Board (HAPB) at its June 17, 2022, meeting. It approved
this waiver subject to the condition, “If any cultural materials are found during the excavation
process, the developer must contact an archaeologist.” As such, the condition was added as a
developer commitment in Exhibit F of the PUD document.
Naples Airport Authority – In a July 13, 2023, letter from the Naples Airport Authority, they
determined that the proposed development would negatively impact the Naples Airport. For the
letter with correspondence materials, See Attachment C – July 13, 2023 – Naples Airport Authority
Letter) As stipulated in this letter, if the CCPC does recommend approval of this petition, then the
Naples Airport Authority recommends the following developer commitments:
As a condition precedent to the County approving this PUD, and prior to encumbering, selling,
leasing, or transferring any interests in the land within this PUD, the Owner and Developer shall
execute and record in the Public Records of Collier County avigation easements and declaration
of restrictive covenants titled “Naples Municipal Airport Avigation Easements And Declaration
Of Height Restrictions And Covenants,” in the form attached hereto as EXHIBIT “F-1” and
17.E.a
Packet Pg. 2151 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 7 of 17
Revised: August 29, 2023
approved by the City of Naples Airport Authority (the “NAA”), that stipulates, among other things,
the following:
i. The Owner and Developer shall grant unto the NAA and its successors and assigns, and impose
upon and bind Owner and Developer and their successors, successors-in-title and assigns, for
the use and benefit of the public for so long as the Naples Municipal Airport is used as an
airport, perpetual avigation, aircraft operations and aircraft noise easements and rights of way
appurtenant to the NAA and the Naples Municipal Airport for the unobstructed use and passage
of all types of aircraft in and through any and all of the airspace above the subject property;
ii. The maximum height of any dwelling unit, building, structure or other man-made or artificial
improvement (including rooftop appurtenances) shall not exceed fifty (50) feet above the
established elevation of the Naples Municipal Airport, which is a total height of fifty eight and
two tenths (58.2) North American Vertical Datum of 1988 (NAVD 88); provided, however,
trees, landscaping and other objects of natural growth shall be permitted so long as the height
thereof never exceeds an “imaginary surface” (i.e., horizontal surface) one hundred fifty (150)
feet above the established elevation of the Naples Municipal Airport in accordance with the
federal obstruction standards contained in 14 C.F.R., Part 77, Subpart C (as the same may be
amended from time to time);
iii. The Owner and Developer shall provide in any and all declarations of restrictive covenants,
sales contracts, leases and other instruments encumbering, selling, leasing or transferring any
interests in the land within this PUD the following disclosure:
“NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICIPAL AIRPORT IS
LOCATED LESS THAN EIGHT HUNDRED FIFTY FIVE (855) FEET FROM
THE [PROPERTY] [PREMISES], IN CLOSE PROXIMITY THERETO.
[PURCHASERS][OWNERS][TENANTS] CAN EXPECT ALL OF THE USUAL
AND COMMON NOISES AND DISTURBANCES CREATED BY, AND
INCIDENT TO, THE OPERATION OF AN AIRPORT.”; and
iv. The Owner and Developer shall comply with all stipulations of any FAA Determination of No
Hazard to Air Navigation issued with respect to the land within this PUD (including any crane
used for construction and/or maintenance therein).
Zoning Services Review: The subject property is approximately 11.36 +/- acres in size. The request
is to rezone the property from Rural Agricultural (A) to Residential Planned Unit Development
(RPUD) to allow for the development of a 15-unit single-family residential subdivision containing
a private recreational amenity and boat ramp with up to 15 private boat slips. The proposed RPUD
will permit residential density at a level that would be compatible with surrounding densities and
meet the County’s identified goals of providing for new development within established urban
areas with adequate infrastructure, particularly along arterial corridors.
The RPUD master plan demonstrates residential development tracts will be accessed via a private
internal roadway system. A 40-foot-wide right-of-way is proposed due to the relatively low traffic
volume. The internal looped roadway system was developed to help reduce speeding within the
17.E.a
Packet Pg. 2152 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 8 of 17
Revised: August 29, 2023
development to allow for a more walkable and safe community; a reduced right-of-way width will
only further this intent. As shown on the PUD master plan’s cross-section, the right-of-way can
accommodate a sidewalk, utilities, and drainage. The proposed RPUD would permit a low-density
single-family development that protects the existing surrounding residential pattern, which
consists of a dynamic mixture of residential uses of low-density single-family lots, multifamily
developments, and a mobile home park.
The request is to rezone the property from Rural Agricultural (A) to RPUD, which would not create
an isolated district unrelated to nearby districts and would be in line with the residential zoning
districts nearby, such as the Rural Agricultural (A) and RMF-6 to the west and south of the
property. The proposed development standards ensure that the development does not seriously
reduce light and air to adjacent areas. The RPUD proposes a maximum density of 1.3 du/acre
consisting of no more than 15 single-family homes at a maximum height of 45 feet. The proposed
rezoning is not out of scale with the needs of the neighborhood or the county. The proposed change
provides for additional dwelling units within an urbanized area of the county . It uses existing
infrastructure to accommodate the additional units at an appropriate 1.3 du/acre density that retains
the neighborhood's residential character.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make
findings as to the PUD Master Plan’s compliance with the following criteria in addition to the
findings in LDC Section 10.02.08”:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
The project lies within the potable water and sanitary sewer service areas of the City of
Naples Utilities Department. The City of Naples provided a Potable Water and Sanitary
Sewer Service Availability Letter for the project on March 3, 2022, included in Attachment
D.
Moreover, stormwater management details will be addressed at the time of SFWMD
Environmental Resource Permitting (ERP) and County Site Development Permit
(SDP)/Plans and Plat Permit (PPL) permitting.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Documents submitted with the application, which the County Attorney’s Office reviewed,
demonstrate unified control of the property.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
17.E.a
Packet Pg. 2153 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 9 of 17
Revised: August 29, 2023
policies of the Growth Management Plan (GMP).
County staff has reviewed this petition and offered an analysis of conformity with the
GMP's relevant goals, objectives, and policies within the GMP Consistency portion of this
staff report.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
As described in the Staff Analysis section of this staff report subsection Landscape Review,
staff is of the opinion that the proposed project will be compatible with the surrounding
area. The perimeter buffer labels on the Master Plan are consistent with the LDC.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The RPUD is required to provide at least 60% of the gross area for usable open space. No
deviation from the open space requirement is being requested, and compliance would be
demonstrated at the time of SDP or platting.
6. The timing or sequence of development to ensure the adequacy of available
improvements and facilities, both public and private.
The project lies within the potable water and sanitary sewer service areas of the City of
Naples Utilities Department. The City of Naples provided a Potable Water and Sanitary
Sewer Service Availability Letter for the project on March 3, 2022, included in Attachment
D.
The roadway infrastructure is sufficient to serve the proposed project, as noted in the
Transportation Element consistency review. Operational impacts will be addressed at the
time of the first development order (SDP or Plat) when a new TIS will be required to
demonstrate turning movements for all site access points. Finally, the project’s
development must comply with all other applicable concurrency management regulations
when development approvals, including but not limited to any plats and or site
development plans, are sought.
7. The ability of the subject property and surrounding areas to accommodate expansion.
The project lies within the potable water and sanitary sewer service areas of the City of
Naples Utilities Department. The City of Naples provided a Potable Water and Sanitary
Sewer Service Availability Letter for the project on March 3, 2022, included in Attachment
D.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on a determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to the literal application of
such regulations.
17.E.a
Packet Pg. 2154 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 10 of 17
Revised: August 29, 2023
Four deviations are proposed in connection with this request to rezone to RPUD. See
deviations section of the staff report beginning on page 12.
Rezone Findings:
LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and
recommendations to the planning commission to the Board of County Commissioners…shall show
that the planning commission has studied and considered the proposed change in relation to the
following when applicable”:
1. Whether the proposed change will be consistent with the goals, objectives, and policies
of the Future Land Use Map and the elements of the Growth Management Plan.
Comprehensive Planning staff determined the subject petition is consistent with the goals,
objectives, and policies of the FLUM and other elements of the GMP.
2. The existing land use pattern.
The existing land use pattern (of the abutting properties) is described in this staff report's
Surrounding Land Use and Zoning section. The proposed use would not change the
existing land use patterns of the surrounding properties.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The properties that abut the project to the east, south, and west allow for residential uses.
Therefore, the proposed petition would not create an isolated district unrelated to adjacent
and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
As shown on the zoning map included at the beginning of this report, the existing district
boundaries are logically drawn. The proposed PUD zoning boundaries follow the property
ownership boundaries. The zoning map on page 2 of the staff report illustrates the perimeter
of the outer boundary of the subject parcel.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed rezoning is not necessary, but it is being requested in compliance with the
LDC provisions to seek such changes. It should be noted that the proposed uses are not
allowed under the current zoning classification.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed RPUD is not anticipated to adversely influence living conditions in the
neighborhood.
17.E.a
Packet Pg. 2155 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 11 of 17
Revised: August 29, 2023
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
The roadway infrastructure has sufficient capacity to serve the proposed project.
8. Whether the proposed change will create a drainage problem.
The proposed RPUD request is not anticipated to create any off-site stormwater
management impacts or problems in this area provided an environmental resource permit
that adequately addresses on-site stormwater treatment, attenuation storage, and floodplain
compensation is obtained from the South Florida Water Management District. County staff
will also evaluate the project’s proposed stormwater management system, calculations, and
design criteria at the time of SDP and/or plat review.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
It is not anticipated this RPUD would reduce light or air to the adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
areas.
This is a subjective determination based on anticipated results, which may be internal or
external to the subject property. Property valuation is affected by various factors, including
zoning; however, zoning by itself may or may not affect values since value determination
is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
As previously noted, east, north, west, and south properties are developed. The basic
premise underlying all the development standards in the LDC is that sound application,
when combined with the site development plan approval process and/or subdivision
process, gives reasonable assurance that a change in zoning will not result in deterrence to
improvement or development of adjacent property. Therefore, the proposed zoning change
should not be a deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner, contrasting with the public welfare.
Because the proposed development complies with the GMP through the proposed
amendment, that constitutes a public policy statement supporting zoning actions consistent
with said Comprehensive Plan. In light of this fact, the proposed change does not
constitute a grant of special privilege. Consistency with the FLUE is further determined to
17.E.a
Packet Pg. 2156 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 12 of 17
Revised: August 29, 2023
be a public welfare relationship because actions consistent with plans are in the public
interest.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
According to the existing classification, the proposed uses and development standards are
not permitted.
14. Whether the change suggested is out of scale with the neighborhood's or the County's
needs.
It is staff’s opinion that the proposed uses and associated development standards and
developer commitments will ensure that the project is not out of scale with the community's
needs.
15. Whether it is impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
The petition was reviewed for compliance with the GMP and the LDC, and staff does not
specifically review other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration would be
required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
Any development anticipated by the PUD Document would require considerable site
alteration, and this project will undergo extensive evaluation relative to all federal, state,
and local development regulations during the SDP and/or platting processes and again later
as part of the building permit process.
17. The impact of development on the availability of adequate public facilities and
services is consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
The project lies within the potable water and sanitary sewer service areas of the City of
Naples Utilities Department. The City of Naples provided a Potable Water and Sanitary
Sewer Service Availability Letter for the project on March 3, 2022.
18. Other factors, standards, or criteria that the Board of County Commissioners shall
deem important in protecting public health, safety, and welfare.
To be determined by the Board during its advertised public hearing.
DEVIATION DISCUSSION:
17.E.a
Packet Pg. 2157 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 13 of 17
Revised: August 29, 2023
The petitioner is seeking four deviations from the requirements of the LDC. The deviations are
directly extracted from PUD Exhibit E. The petitioner’s rationale and staff
analysis/recommendation are outlined below.
Proposed Deviation #1: (Type B Buffer)
Deviation #1 seeks relief from LDC Section 4.06.02.C, which requires a 15-foot-wide Type “B”
buffer between single-family dwelling units and amenity centers, to allow instead for a 7.5-foot-
wide Type “B” buffer between single-family dwelling units and on-site recreation/amenity uses.
The buffer will contain 3-gallon muhly grass, planted 3 feet off-center on the single-family
residential side of the 7.5’ buffer, in addition to all required Type “B’ plant materials. No buffer is
required between the single-family dwelling unit on Tract A and the recreational uses on Tract A.”
Petitioner’s Justification: The proposed Residential/Private Recreation Amenity tract located on
the northwest corner of the site contains an existing 6,100 +/- structure intended for private uses
similar to an accessory structure and uses permitted within a residential lot. This would allow for
private recreational uses not open to the public of indoor basketball/shuffle courts, walking paths,
picnic areas, and a private garage. Furthermore, the Tract is not intended to serve as the amenity
center for the residential tracts to the east. Unlike typical on-site recreation/amenity centers no
outdoor active recreational uses are allowed within this tract to produce the noise typically
associated with pickleball, swimming pools, volleyball or other active outdoor recreational uses.
Furthermore, the Applicant is only proposing a reduction to the buffer width from 15 feet to 7.5
feet. The buffer itself will provide the code minimum number of plantings within the 7.5-foot-wide
buffer strip required for the 15-foot buffer. This will ensure the deviation does not result in a net
loss of vegetation within the project and provide appropriate screening and noise abatement
between uses. The Applicant will provide a buffer that will contain 3-gallon muhly Grass spaced
3’ on center on the residential side of the Type B buffer plantings in the buffer. This proposed
planting will provide additional vegetative coverage, screening, and visual interest in the buffer
area.
Control of the permitted uses within Tract A will correspond to the single-family dwelling unit
within Tract A. As previously mentioned above under Deviation 1, the non-residential uses
permitted within this tract are intended for private use of the property owner similar to accessory
buildings and structures permitted within a residential lot, are non-commercial uses and used by
the resident and/or property owner (should no dwelling unit be developed) and their guest.
Therefore, no compatibility issue would exist between the uses within Tract A.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Zoning and Development Review staff recommends APPROVAL of this deviation,
finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that
“the element may be waived without a detrimental effect on the health, safety, and welfare of the
community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation
is “justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations.”
17.E.a
Packet Pg. 2158 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 14 of 17
Revised: August 29, 2023
Proposed Deviation #2 (Fence/Wall Height)
“Deviation #2 seeks relief from LDC Section 5.03.02.C.2, which permits a maximum fence/wall
height of 6 feet for certain lots in residential zoning districts, to allow for a maximum
fence/wall/berm height of 10 feet along the northern PUD perimeter boundary, abutting North
Road.”
Petitioner’s Justification: The proposed wall height will mitigate the noise impact and
appropriately screen the site from the surrounding residential and municipal airport uses. This is
particularly beneficial to ensure the mitigation of light and noise pollution from the Naples
Municipal Airport to the north which also contains the airport’s commercial terminal and parking
area facilities. The proposed deviation will allow for additional visual screening between the
proposed uses, utility sites, and adjacent roadways while ensuring a quality design aesthetic via
screening of the wall by required perimeter plantings. The design will serve to enhance public
health, safety and welfare.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Zoning and Development Review staff recommends APPROVAL of this deviation,
finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that
“the element may be waived without a detrimental effect on the health, safety, and welfare of the
community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation
is “justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations.”
Proposed Deviation #3: (Right-of-Way Width)
“Deviation #3 seeks relief from LDC Section 6.06.01.N, which establishes the minimum right-of-
way width of 60 feet to be utilized to allow for a 40-foot right-of-way internal private right-of-
way.”
Petitioner’s Justification: The reduced roadway width will provide for traffic calming and
increased lot sizes, while accommodating standard 10’ wide travel lanes and appropriate
infrastructure for this relatively small residential project.
The community will be developed with a maximum of 15 homes. Thus, larger roadways are
unnecessary to accommodate high traffic volumes and higher design speeds. The interior road has
been designed in a curvilinear shape to help reduce speeds. The additional land area gained by
the right-of-way reduction will allow for more expansive green areas/yard space and reduced
impervious surfaces and runoff. The demand for larger yards and the maximization of “outdoor
living” continue to influence a community’s quality of life that the applicant seeks to accommodate
in this small, infill community. Studies have determined that reduced right-of-way widths act as a
traffic calming feature and will assist in maintaining public health, safety, and welfare within the
community.
17.E.a
Packet Pg. 2159 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 15 of 17
Revised: August 29, 2023
Please also refer to the PUD master plan’s cross-section, which demonstrates that the proposed
right-of-way width can accommodate a sidewalk, utilities, and drainage.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Zoning and Development Review staff recommends APPROVAL of this deviation,
finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that
“the element may be waived without a detrimental effect on the health, safety, and welfare of the
community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation
is “justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations.”
Proposed Deviation #4: (Parking Spaces)
“Deviation #4 seeks relief from LDC Section 4.05.04.G, Table 17, which requires boat ramps to
provide a minimum of 10 spaces per ramp with dimensions of 10 feet wide by 40 f eet long, and
vehicular parking shall be provided at four spaces per ramp, to allow for no boat trailer or vehicular
parking spaces to be required.”
Petitioner’s Justification: The LDC parking requirement has been generally written for
commercial/public boat ramps. The use of the boat ramp on this site shall be limited to the
residents living within this small residential community of 15 dwelling units or less. Furthermore,
private entry signs shall be posted at the Rock Creek Estates development, identifying this is a
private community.
The purpose of the boat ramp is to provide residents of this small single-family development with
ease of access to their boats for travel or maintenance purposes. Each lot will have access to a
boat slip and will be able to unload their boat and park at their private residence near the boat
ramp, removing the need for any parking for the boat ramp. The distance from the furthest
residential lot from the boat ramp will be approximately 1,000 feet (less than ¼ mile) from the
boat ramp entrance. This will function similarly to Riverbend Mobile Home Park, which has a
private boat ramp and boat slips for the sole use of the community but no vehicular or boat trailer
parking for the use of the boat ramp. Additionally, this request will further serve to deter any
members of the public from trying to access this private boat ramp, as no parking will be available
for use. The deviation will help to reduce impervious paved areas on-site, which is of
environmental benefit, particularly due to its proximity to the Rock Creek waterbody.
Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is
approved. Zoning and Development Review staff recommends APPROVAL of this deviation,
finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that
“the element may be waived without a detrimental effect on the health, safety, and welfare of the
community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation
is “justified as meeting public purposes to a degree at least equivalent to literal application of such
regulations.”
17.E.a
Packet Pg. 2160 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 16 of 17
Revised: August 29, 2023
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant conducted a NIM on November 7, 2022, at the Naples Alliance Church at 2504
Estey Avenue, Naples, FL. The meeting commenced at approximately 5:35 p.m. and ended at 6:08
p.m. Josephine Medina, the agent, conducted the meeting with introductions of the consultant team
and staff and gave a PowerPoint. The presentation consisted of an overview of the proposed RPUD
rezoning application. Following the agent’s presentation, the meeting was open to attendees to
make comments and ask the consultant team questions regarding the proposed development. The
issues discussed were water and sewer availability, boat docks, the width and depth of the creek,
gated community, house style, private or public boat ramps, open space, FEMA height, and
proximity of houses to the creek. A representative from the Naples Airport Authority said that they
oppose the project. The representative read the commitments proposed by the Naples Airport
Authority and sent these commitments in a memo to Mike Bosi. A copy of the NIM Summary,
sign-in sheet, and NIM PowerPoint presentation are included in Attachment D.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW:
This project does not require Environmental Advisory Council (EAC) review, as this project did
not meet the EAC scope of land development project reviews identified in Section 2-1193 of the
Collier County Codes of Laws and Ordinances. Environmental Services staff recommends
approval of the proposed petition.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed this staff report on August 29, 2023.
RECOMMENDATION:
Staff recommends the CCPC forward this petition to the Board with a recommendation of
approval, subject to the following conditions:
1. Per the Naples Airport Authority July 13, 2023 letter, if the CCPC does recommend
approval of this petition, then the Naples Airport Authority recommends the following
developer commitments As a condition precedent to the County approving this PUD, and
prior to encumbering, selling, leasing or transferring any interests in the land within this
PUD, the Owner and Developer shall execute and record in the Public Records of Collier
County avigation easements and declaration of restrictive covenants titled “Naples
Municipal Airport Avigation Easements And Declaration Of Height Restrictions And
Covenants,” in the form attached hereto as EXHIBIT “F-1” and approved by the City of
Naples Airport Authority (the “NAA”), that stipulates, among other things, the following:
i. The Owner and Developer shall grant unto the NAA and its successors and assigns,
and impose upon and bind Owner and Developer and their successors, successors-
in-title and assigns, for the use and benefit of the public for so long as the Naples
Municipal Airport is used as an airport, perpetual avigation, aircraft operations and
aircraft noise easements and rights of way appurtenant to the NAA and the Naples
17.E.a
Packet Pg. 2161 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[21-CPS-02177/1775224/1]
PUDZ-PL20220001779 Rock Creek Estates RPUD Page 17 of 17
Revised: August 29, 2023
Municipal Airport for the unobstructed use and passage of all types of aircraft in
and through any and all of the airspace above the subject property;
ii. The maximum height of any dwelling unit, building, structure or other man-made
or artificial improvement (including rooftop appurtenances) shall not exceed fifty
(50) feet above the established elevation of the Naples Municipal Airport, which is
a total height of fifty eight and two tenths (58.2) North American Vertical Datum
of 1988 (NAVD 88); provided, however, trees, landscaping and other objects of
natural growth shall be permitted so long as the height thereof never exceeds an
“imaginary surface” (i.e., horizontal surface) one hundred fifty (150) feet above the
established elevation of the Naples Municipal Airport in accordance with the
federal obstruction standards contained in 14 C.F.R., Part 77, Subpart C (as the
same may be amended from time to time);
iii. The Owner and Developer shall provide in any and all declarations of restrictive
covenants, sales contracts, leases and other instruments encumbering, selling,
leasing or transferring any interests in the land within this PUD the following
disclosure:
“NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICIPAL AIRPORT IS
LOCATED LESS THAN EIGHT HUNDRED FIFTY FIVE (855) FEET FROM
THE [PROPERTY] [PREMISES], IN CLOSE PROXIMITY THERETO.
[PURCHASERS][OWNERS][TENANTS] CAN EXPECT ALL OF THE USUAL
AND COMMON NOISES AND DISTURBANCES CREATED BY, AND
INCIDENT TO, THE OPERATION OF AN AIRPORT.”; and
iv. The Owner and Developer shall comply with all stipulations of any FAA
Determination of No Hazard to Air Navigation issued with respect to the land
within this PUD (including any crane used for construction and/or maintenance
therein).
Attachments:
A) Proposed Ordinance
B) Waiver from Cultural Archaeological Assessment
C) July 13, 2023 – Naples Airport Authority Letter
D) Application/Backup Materials
17.E.a
Packet Pg. 2162 Attachment: Staff Report - Rock Creek Estates RPUD (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[22-CPS-02227/1820865/1] 22-CPS-02227/1820865/1]143
Rock Creek Estates
PUDZ-PL20220001779
10/19/23
1 of 2
ORDINANCE NO. 2023-____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41,
AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITH AN
AIRPORT ZONING OVERLAY TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT WITH AN AIRPORT
ZONING OVERLAY FOR A PROJECT KNOWN AS ROCK CREEK
ESTATES RPUD TO ALLOW DEVELOPMENT OF UP TO 15 SINGLE-
FAMILY DWELLING UNITS, A PRIVATE RECREATIONAL AMENITY,
AND A BOAT RAMP WITH UP TO 12 PRIVATE BOAT SLIPS ON
PROPERTY LOCATED WEST OF AIRPORT-PULLING ROAD, ON THE
SOUTH SIDE OF NORTH ROAD, ACROSS THE STREET FROM
TERMINAL DRIVE TO THE NAPLES AIRPORT, IN SECTION 2,
TOWNSHIP 50 SOUTH, RANGE 25 EAST; CONSISTING OF 11.36 +/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220001779]
WHEREAS, Josephine Medina, AICP, of RVI Planning representing ELAH Holdings,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 2,
Township 50 South, Range 25 East, Collier County, Florida, is changed from a Rural
Agricultural (A) zoning district with an Airport Zoning Overlay to a Residential Planned Unit
Development (RPUD) zoning district with an Airport Zoning Overlay for an 11.36+/- acre
project to be known as Rock Creek Estates RPUD to allow up to 15 single-family dwelling
units, a private recreational amenity, and a boat ramp with up to 12 private boat slips in
accordance with the RPUD Documents, attached hereto as Exhibits “A” through “F” and
17.E.b
Packet Pg. 2163 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
[22-CPS-02227/1820865/1] 22-CPS-02227/1820865/1]143
Rock Creek Estates
PUDZ-PL20220001779
10/19/23
2 of 2
incorporated herein by reference. The appropriate zoning atlas map or maps, as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ______day of ___________________, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By:_________________________ By:_________________________________
, Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
_____________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A – Permitted Uses
Exhibit B – Development Standards
Exhibit C – Master Plan
Exhibit D – Legal Description
Exhibit E – List of Deviations
Exhibit F – Developer Commitments
17.E.b
Packet Pg. 2164 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 1 of 10
EXHIBIT “A”
LIST OF PERMITTED USES
Rock Creek Estates RPUD
Regulations for development of this PUD shall be in accordance with the contents of this
document and all applicable sections of the Growth Management Plan (GMD), the Land
Development Code (LDC), and the Administrative Code in effect at the time of approval of the
subdivision plat (PPL). Where the PUD ordinance does not provide development standards, then
the provision of the specific sections of the LDC that are otherwise applicable shall apply.
PERMITTED USES:
A maximum of 15 dwelling units (1.3 du/acre) shall be permitted in this PUD. No building or
structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for
other than the following:
I. RESIDENTIAL TRACTS
A. Principal Uses:
1. Single-family detached dwelling units.
Any other principal use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process
outlined in the Land Development Code (LDC).
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses, including but not
limited to:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Temporary sales trailers and model units.
Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process
outlined in the Land Development Code (LDC).
II. RESIDENTIAL/PRIVATE RECREATION AMENITY TRACT A
A. Principal Uses:
1. Maximum of one (1) Single-family detached dwelling unit.
2. Private recreational uses and facilities including, up to 6,100 +/- square foot
recreational building, indoor basketball/shuffle courts, and private garage.
B. Accessory Uses:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Outdoor recreational uses shall not be permitted.
17.E.b
Packet Pg. 2165 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 2 of 10
Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process
outlined in the Land Development Code (LDC).
III. PRIVATE DOCK AREA
A. Principal Uses:
1. A golf cart path, parking, private recreational single-family boat docks, private boat
ramp, mooring pilings, boat lifts /davits, picnic areas, and kayak launches to serve
residents and their guests. All docks are reserved for the exclusive use of the owners
of dwelling units within this RPUD. No more than twelve (12) slips may be constructed
within this project.
IV. PRESERVE
A. Principal Uses:
1. Preserve
B. Accessory Uses:
1. Allowable uses within County required preserves as set forth in the LDC Section
3.05.07.H
V. GENERAL
The following structures and uses shall be considered general permitted uses throughout
the RPUD:
1. Essential services, including interim and permanent utility and maintenance facilities.
2. Water management facilities.
3. Walls, berms and signs.
4. Passive open space uses and structures, including, but not limited to landscaped
areas, gazebos, playgrounds, park benches, and walking trails.
17.E.b
Packet Pg. 2166 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 3 of 10
EXHIBIT “B”
DEVELOPMENT STANDARDS
Rock Creek Estates RPUD
The standards for land uses within the development shall be as stated in these development
standard tables. Standards not specifically set forth herein shall be those specified in applicable
sections of the LDC in effect as of the date of approval of the subdivision plat (PPL).
Guardhouses, gatehouses, access control structures, clock towers, columns, decorative
hardscaping or architectural embellishments associated with the project’s entrance are permitted
and shall have no required setbacks; however, such structures cannot be located where they
create sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in actual
height.
PERMITTED USES AND
STANDARDS
Single-Family Detached Recreational Buildings
and Structures
Min. Lot Area 7,500 sq. ft. 10,000 sq. ft
Min. Lot Width 50’ 80’
Min. Lot Depth 150’ 150’
PUD Setback (Principal) 15’ 20’
Front Yard(1) 20’ (2)(3) 25’
Side Yard (Principal) (4)
Side Yard (Accessory) (4)
7.5’
5’
15’
10’
Rear Yard (Principal)(4)
Rear Yard (Accessory) (4)
15’
5’
15’
10’
Preserve (Principal) Setback
Preserve (Accessory) Setback
25’
10’
25’
10’
Min. Distance Between Principal
Structures
15’ 20’
Maximum Height Actual
Zoned Height
45’
35’
35’
25’
(1) Front setback is measured from the property line, right-of-way line or road easement.
(2) Front-loading/front-entry garages shall be setback a minimum of 23’ from the back of
sidewalk. Units with side-loaded garages shall have a minimum 10' setback from the front
property line/right-of-way. No structures will overhang into the utility easement.
(3) Corner lots shall provide one (1) front yard setback within the yard that contains the
driveway/vehicular access to the dwelling unit. The secondary front yard that does not
contain the driveway/vehicular access to the dwelling unit shall provide a minimum 10-foot
setback measured from the right-of-way and will have no overhang into the utility
easement if there are any buildings adjacent to that side setback.
(4) 0’ principal and accessory setbacks are permitted from lake maintenance easements and
landscape buffer easements, which will be separate platted tracts on the PPL.
17.E.b
Packet Pg. 2167 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 4 of 10
GENERAL: Except as provided for herein, all criteria set forth shall be understood to be in relation
to individual parcel or lot boundary lines, or between structures. Homeowners’ association
boundaries shall not be utilized for determining development standards. Landscape buffers and
lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval,
or shown as separate tracts on the SDP.
Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless
it is expressly stated in a list of deviations.
17.E.b
Packet Pg. 2168 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 5 of 10
EXHIBIT “C”
RPUD Master Plan
Rock Creek Estates
17.E.b
Packet Pg. 2169 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 6 of 10
EXHIBIT “C”
RPUD Master Plan
Rock Creek Estates
17.E.b
Packet Pg. 2170 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 7 of 10
EXHIBIT “D”
LEGAL DESCRIPTION
Rock Creek Estates RPUD
PARCEL 1
PARCEL ID #00386760404
A CERTAIN LOT OR PARCEL OF LAND LOCATED IN SECTION 2, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FURTHER BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 2, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH AND SOUTH
1/4 LINE OF SAID SECTION 2, S 0 DEGREES 26'20" E 30.00 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF NORTH ROAD AND A CONCRETE MONUMENT FOR A PLACE OF
BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY N89 DEGREES 38'10"E 664.90 FEET,
TO THE EAST LINE OF WEST 1/2 LOT 21, NAPLES GROVE AND TRUCK COMPANY'S LITTLE
FARMS NUMBER 2, AS RECORDED IN PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST LINE AND ITS EXTENSION
S 0 DEGREES 32'15"E 641.80 FEET TO A CONCRETE MONUMENT; THENCE CONTINUING
S 0 DEGREES 32'15"E 20 FEET MORE OR LESS TO THE APPROXIMATE MEAN HIGH
WATER LINE OF ROCK CREEK; THENCE MEANDERING ALONG SAID APPROXIMATE
MEAN HIGH WATER LINE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY AND
SOUTHEASTERLY TO THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 2; THENCE
ALONG SAID NORTH AND SOUTH 1/4 LINE N 0 DEGREES 26'20"W 184.00 MORE OR LESS
TO A CONCRETE MONUMENT; THENCE CONTINUING N 0 DEGREES 26'20"W 645.56 FEET
TO THE PLACE OF BEGINNING. LYING IN THE WEST 1/2 OF LOT 21, THE WEST 1/2 OF LOT
22, AND THAT PART OF THE WEST 1/2 OF LOT 23 LYING NORTH OF ROCK CREEK OF
SAID NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2.
A/K/A 2250 NORTH ROAD, NAPLES FL 34104
PARCEL CONTAINS 11.36 ACRES, MORE OR LESS
17.E.b
Packet Pg. 2171 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 8 of 10
EXHIBIT “E”
LIST OF REQUESTED DEVIATIONS FROM LDC
Rock Creek Estates RPUD
Deviation 1: Deviation from LDC Section 4.06.02.C, which requires a 15-foot-wide Type
“B” buffer between single-family dwelling units and amenity centers, to instead allow for
a 7.5-foot-wide Type “B” buffer between single family dwelling units and on-site
recreation/amenity uses. The buffer will contain 3-gallon muhly grass, planted 3-feet off-
center on the single-family residential side of the 7.5’ buffer, in addition to all required
Type “B’ plant materials. No buffer is required between the single-family dwelling unit on
Tract A and the recreational uses on Tract A.
Deviation 2: Deviation from LDC Section 5.03.02.C.2, which permits a maximum fence/wall
height of 6 feet for certain lots in residential zoning districts, to allow for a maximum
fence/wall/berm height of 10 feet along the northern PUD perimeter boundary, abutting
North Road.
Deviation 3: Deviation from LDC Section 6.06.01.N which establishes the minimum
right-of-way width of 60 feet to be utilized, to allow for a 40-foot right-of-way internal
private right-of-way.
Deviation 4: Deviation from LDC Section 4.05.04.G, Table 17, which requires boat
ramps to provide a minimum of 10 spaces per ramp with dimensions of 10 feet wide by
40 feet long and vehicular parking shall be provided at 4 spaces per ramp, to allow for no
boat trailer or vehicular parking spaces to be required.
17.E.b
Packet Pg. 2172 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 9 of 10
EXHIBIT “F”
DEVELOPMENT COMMITMENTS
Rock Creek Estates RPUD
1. GENERAL
A. One entity (ELAH Holdings, LLC) shall be responsible for PUD monitoring until close-out
of the PUD, and this entity shall also be responsible for satisfying all PUD commitments
until close-out of the PUD. At the time of this PUD approval, the Managing Entity is ELAH
Holdings, LLC. Should the Managing Entity desire to transfer the monitoring and
commitments to a successor entity, then it must provide a copy of a legally binding
document that needs to be approved for legal sufficiency by the County Attorney. After
such approval, the Managing Entity will be released of its obligations upon written approval
of the transfer by County staff, and the successor entity shall become the Managing
Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written
notice to County that includes an acknowledgment of the commitments required by the
PUD by the new owner and the new owner’s agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed out, then the Managing Entity
is no longer responsible for the monitoring and fulfillment of PUD commitments.
B. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does
not in any way create any rights on the part of the applicant to obtain a permit from a state
or federal agency and does not create any liability on the part of the county for issuance
of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of
state or federal law.
C. All other applicable state or federal permits must be obtained before the commencement
of the development.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 17 two-way PM peak
hour net trips based on the use codes in the ITE Manual on trip generation rates in effect
at the time of application for SDP/SDPA or subdivision plat approval.
3. ENVIRONMENTAL
A. The subject site contains approximately 0.52 acres of native vegetation of which 25%
(0.13 acres) is required to be preserved. The subject site shall provide 98% (0.51 acres)
of native vegetation preservation. The native preservation requirement will be satisfied on-
site in accordance with the Land Development Code. Any replanting of native vegetation
to meet preserve standards shall comply with all requirements set forth in the LDC Section
3.05.07.H.
B. Preserves may be used to satisfy the landscape buffer requirements after exotic removal
in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with
native plant materials shall be in accordance with LDC Section 3.05.07. In order to meet
the requirements of a Type ‘B’ buffer along the southern boundaries of the RPUD; a 6-
foot-wide landscape buffer reservation located outside of the preserve will be conveyed
by owner to a homeowner’s association or condominium association at time of SDP or
plat approval. In the event that the preserve does not meet buffer requirements after
removal of exotics and supplemental planting within the preserve, plantings will be
17.E.b
Packet Pg. 2173 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 10 of 10
provided in the 6’ wide reservation to meet the buffer requirements. The type, size, and
number of such plantings, if necessary, will be determined at time of initial SDP or plat
and included on the landscape plans for the SDP or plat.
4. UTILITIES
A. At the time of application for subdivision Plans and Plat (PPL) approval, offsite
improvements and/or upgrades to the wastewater collection/transmission system may be
required to adequately handle the total estimated peak hour flow from the project. Whether
or not such improvements are necessary, and if so, the exact nature of such improvements
and/or upgrades shall be determined by County, during PPL or SDP review. Such
improvement and/or upgrades as may be necessary shall be permitted and installed at
the developer's expense and may be required to be in place prior to issuance of a
certificate of occupancy for any portion or phase of the development that triggers the need
for such improvements and/or upgrades.
5. CITY OF NAPLES AIRPORT AUTHORITY (“NAA”)
A. The Owner and Developer shall enter into a mutually agreeable easement with the NAA.
B. The maximum height of any residence, building or other structure (including rooftop
appurtenances) shall not exceed fifty (50) feet above the established elevation of the
Naples Municipal Airport, which is a total height of fifty eight and two hundredths (58.20)
North American Vertical Datum of 1988 (NAVD 88).
C. The Owner and Developer shall record a restrictive covenant incorporating the following
disclosure:
“NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICPAL AIRPORT IS LOCATED
LESS THAN EIGHT HUNDRED FIFTY FIVE (855) FEET FROM THE [PROPERTY]
[PREMISES], IN CLOSE PROXIMITY THERETO.
[PURCHASERS][OWNERS][TENANTS] CAN EXPECT ALL OF THE USUAL AND
COMMON NOISES AND DISTURBANCES CREATED BY, AND INCIDENT TO, THE
OPERATION OF AN AIRPORT.”
D. The Owner and Developer shall comply with all stipulations of any FAA Determination of
No Hazard to Air Navigation issued with respect to the land within this PUD (including any
crane used for construction and/or maintenance therein).
6. MISCELLANOUS
A. Should any significantly historical cultural materials or human remains be found during
excavation process, the developer shall contact a certified archeologist.
17.E.b
Packet Pg. 2174 Attachment: Attachment A - Revised Ordinance - 10-19-23 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
s
COLLIER COUNTY
WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND
ARCHAEOLOGICAL SURVEY AND ASSESSMENT
DATE SUBMITTED:PLANNER: Melissa Zone. Principal Planner
PETITION NUMBER ASSOCIATED WITH TI]E WAIVER:
(To Be Completed By Zoning and land Development Review Staff)
pROJECT NAME: Estates at Rock Creek RPUD
LOCATION: (Common Description)2250 North Road, Naples FL34104
SUMMARY OF WAIVER REQ UEST: The Applicant is seeking a waiver from the required
Historical And Archaeological Survey and Assessment. The Property was shows signs of soil
disturbance on a portion of the property has been previously cleared and surrounded by developed
properties.
(Properties located within an area of Historical and Archaeological Probability but with a
low potential for historical/archaeological sites may petition the Community Development& Environmental Services Administrator County Manager or designee to waive the
requirement for a Historical/Archaeological Survey and Assessment. Once the waiver
application has been submitted, it shall be reviewed and acted upon within five (5) working
days. The waiver request shall adequately demonstrate that the area has low potential for
historicaUarchaeological sites.)
Historic Presen,ation/Fornrs/rev. 06/05/08
17.E.c
Packet Pg. 2175 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA
A. Name of applicant (s) (if other than properfy owner, state relationship such as option
holder, contract purchaser, lessee, trustee, etc.):Elah Holdings, LLC c/o Erik Mogelvang
Mailing Address: 2590 Golden Gate Pkwy #106
Phone: (239)272-7774 FAX
E-Mail : Erik@floridaprime.com
B. Name of agent(s) for applicant, if any . Josephine Medina, AICP
RVI Planning + Landscape Architecture
Mailing Address: 28100 Bonita Grande Drive Suite 305, Bonita Springs, FL, 34135
Phone: ( 239 )908.3421 FAX:
E-Mail: JMedin a(d ninq.com
C. Name of owner(s) of property . Same as the applicant
Mailing Address:
Phone: (
E-Mail:
)FAX:
Note: If names in answers to A and/or B are different than name in C, notarized
letter(s) of authorization from property owner (c) must be auached.
2Historic Preservatron/Forms/rev. 06/05/08
17.E.c
Packet Pg. 2176 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page
(obtainable from Clerk's Office at the original scale) with subject property clearly marked.)
A. Legal description of subject property. Answer only I or 2, as applicable.
l. Within platted subdivision, recorded in official Plat Books of Collier County.
Subdivision Name:
Plat Book Page _ Unit Block
Section Township Range
2. If not in platted subdivision, a complete legal description must be attached
which is sufficiently detailed so as to locate said property on County maps or
aerial photographs. The legal description must include the Section, Township
and Range. If the applicant includes multiple contiguous parcels, the legal
description may describe the perimeter boundary of the total area, and need not
describe each individual parcel, except where different zoning requests are made
on individual parcels. A boundary sketch is also required. Collier County has
the right to reject any legal description, which is not sufficiently detailed so as to
locate said property, and may require a certified survey or boundary sketch to be
submiued.
B.Property dimensions:
Area:square feet, or 11.26 +l-
Width along roadway:665',
Depth:643'Average
C. Present use of property Single-Fami ly Home and Warehousing
Lot
acres
D. Presentzoningclassification' Agricultural
-)
H istoric Preservation/Fonns/rev. 06 lO 5 /Og
17.E.c
Packet Pg. 2177 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
SECTION THREE: WAIVER CRITERIA
Note This provision is to cover instances in which it is obvious that any archaeological or
historic resource that may have existed has been destroyed. Examples would be
evidence that a major building has been constructed on the site or that an area has
been excavated.
A. Waiver Request Justification.
I . Interpretation of Aerial Photograph Based on 1952 & 1969 aerial photography
identifies soil distubances and clearing occuri ng on the property as can be seen in
contrast to the property to the west.
2. Historical Land Use Description . Historically the property has been use for single
family residents, warehouse, and animal husbandry
3. Land, cover, formation and vegetation description:FLUCCS MAP identifies the
majority of the site as Mixed Hardwoods and Exotic Dominated and with some
Mangroves - shorebanks along the shoreline.
4. Other:n Florida Master Site File letter was recieved for the and indicates the
there a no recorded historical resources on the subject property or alon g the already
developed shore to south of Rock Creek
The County Manager or designee may deny a waiver, grant the waiver, or grant the
waiverwith conditions. He shall be authorized to require examination of the site by
an accredited archaeologist where deemed appropriate. The applicant shall bear the
cost of such evaluation by an independent accredited archaeologist. The decision of
the County Manager or designee regarding the waiver request shall be provided to
the applicant in writing. In the event of a denial of the waiver request, written notice
shall be provided stating the reasons for such denial. Any party aggrieved by a
decision of the County Manager or designee regarding a waiver request may appeal
to the Preservation Board. Any party aggrieved by a decision of the Preservation
Board regarding a waiver request may appeal that decision to the Board of County
Commissioners.
B
4
Historic Preservatron/Forms,/rev. 06 lO 5 /Og
17.E.c
Packet Pg. 2178 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
SECTION FOUR: CERTIFICATION
The applicant shall be responsible for the accuracy and completeness of this
application. Any time delays or additional expenses necessitated due to the submittal
of inaccurate or incomplete information shall be the responsibility of the applicant.
All information submitted with the application becomes a part of the public record
and shall be a permanent part of the file.
All attachments and exhibits submitted shall be of a size that will fit or conveniently
fold to fit into a legal size (8 Yz" x 74") folder.
A
B
C
>*rrsig@appti*rt orage.,t
Josephine Medina
Printed Name of Applicant or Agent
By:
-TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION-
SECTION FIVE: NOTICE OF DECISION
The County Manager or designee has made the following determination:
tr Approved on:
,E 1l1i:.1*jthconditionton 6- )TLz- vy, X-' -*3 '
(see attached)
tr Denied on:
(see attached)
ao..ld;.
fl. o..tt,
By
: ff,,-1 d-ll,- | n ,{".n I, ,.r" {._^J d-,4 .1a- l(ca*;1t,^#" d^-Lp^,' lyu+ .|:i,i:* )ii"J)lrrll,
5
Historic Preservation/Forms/rev. 06/05/09
17.E.c
Packet Pg. 2179 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Legend
Subjcct Proporty
a
I
$tr
1t
it*fPtrl-. .Ll'tr .:
ti
\n li
q
rI*
V:_
I
Irutl lr
7
ar
fl
AL
{
D
t'il
\J9
o
6
ltr
oF
a
tnFi
fi!{
)
I
I
I North'Rbad
l,r!
to,:
rorc4,
G
3o
6
ah
*,]
*
F
dlilF,rt!-
F
ru
ll
E"t"ytrunr" ,
t
,
(!
oE
E
I
J
hli
:t
a+t
s
tr?.
u
I,
iH!ii+
+t 0
F!t
t
T'
,
,l ,Il,
J
)itni
a
fi
s1I
l!!/
!tvi ESTATES AT ROCK CREEK . LOCATION MAP
0 Naples, FL
a Match 02.2022
* 22001262
I ELAH Hotdings, LLC
o
t
t
7
\I
.\
I
I
,/
Iu-rrr*J
/p:.L
l/'l
l{
rTti
J
r.l
aD
'
srfEr t-
t6i
t I,
F:d
I
t
d,
I
#
{y
F''I
t
1I
17.E.c
Packet Pg. 2180 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Legal Description
A certain lot or parcel of land located in Section 2, Township, South, Range 25 East, Collier County,
Florida, further bounded and described as follows: commencing at the center of said section 2,
Township 50 South, Range 25 East, Collier County, Florida; thence along the North and South %
line of said section 2, s 0 degrees 26'20" E 30.00 feet southerly right-of-way line of North Road
and a concrete monument for a Place of Beginning; thence along said right-of-way N g9 degrees
38'10" E 664.90 feet, to the East line ofthe West % of Lot 21, Naples Grove and Truck Company,s
Little Fa rms Nu m ber 2, as recorded in Plat Book 1, Page 27 of the pu blic Records of collier cou nty,
Florida; thence along said East line and its extension S 0 degrees 32,15. E 641.90 feet to a
concrete monument; thence continuing S 0 degrees 32'15" E 20 feet more or less to the
Approximate Mean High Water line of Rock Creek; thence meandering along said Approximate
Mean High water line southwesterly, westerly, Northwesterly and southeasterly to the North
and South % line of said Section 2; thence along said North and South % line N O. Degrees 26,20,,
W 184.00 more or less to a concrete monument; thence continuing N 0 degrees 26,20,, W 645.56
feet to the Place of Beginning. Lying in the West % of Lot 21, the West % of Lot 22, and that part
of the west% of Lot 23 lying North of Rock creek of said Naples Grove and Truck company's Little
Farms No. 2.
AIK/A 2250 North Road, Naples FL 34104
17.E.c
Packet Pg. 2181 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
1,2-09-1,952 AERTAL MAP
t
I t{rr\,
'lal
,hil,'
I
ii
(
I,I
L
&
a.'
dt-t,lr
a'!trJ t
a
.lr.
I
]?;r(
*..1..t+
rj-d
*'lr
I'
t.
1F
Po I
I ::.:T
i.f."
^e .' rr 11
F
E
# 4,.ffi'| , *'/ '
,7'-
a
lit
t -"1 .*:i
A. t-.
.
17.E.c
Packet Pg. 2182 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
7-29-1969 AERIAL MAP
17.E.c
Packet Pg. 2183 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
@
This record search is for informational purposes only and does NOT constitute a
project review. This search only identifies resources recorded at the Florida Master
Site File and does NOT provide project approval from the Division of Historicat
Resources' Gontact the Gompliance and Review Section of the Division of Historical
Resou rces at Com pl ia ncePerm its@dos. MvFlorida.com for project review i nformation.
March 4,2022
Josephine Medina, AICP
Project Manager
RVi Planning * Landscape Architecture
28100 Bonita Grande Dr, Suite 305. Bonita Springs, FL 34135
In response to your request of March 4,2022, the Florida Master Site File lists no cultural resources
recorded at2250 North Road, west of Airport-Pulling Road and on the south side of North Road within
Section 2 / Township 50 South / Range 25 East, Collier County, Florida.
when interpreting the results of this search, ptease .onrihld?tfl{'.t?Hr8S,,"rtffi98PfiatSl?d as a sinsle
r This search area may contain unrecorded archaeological sites, historical structures
or other resources even ifpreviously surveyed for cultural resources.
o Because vandalism and looting are common at Florida sites, we ask that you limit
the distribution of location information on archaeological sites.
. While many of our records document historically significant resources, the
documentation of a resource at the Florida Master Site File does not necessarily
mean the resource is historically significant.
e Federal, state and local Iaws require formal environmental review for most
projects. This search DOES NOT constitute such a review.If your project falls
under these laws, you should contact the Compliance and Review Section of the
Division of Historical Resources at CompliancePerrnits@dos.M),Florida.corn
#
Please do not hesitate to contact us if you have any questions regarding the results of this
search.
Kind Regards,
Eman M. Vovsi, Ph.D.
Sr. Data Base Analyst
Florida Master Site File
Eman. Vovsi@DOS. MyFlori da.corn
500 South Bronough Street ' Tallahassee, FL 32399-02.50 . www.flheritage.com/preservation/sitefile
850-245.6440 ph I s50.245.6439 fax I siteFire@doJstat..flrs
17.E.c
Packet Pg. 2184 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Runway 5-23
single
Airport H:E
I
I
t
I
I
7
,' tt,t ri{
lr ffi r l.t IT
*t-
H,
.J
?,rii:iIfuur
e<n'
r\
r'.!5'
i |.
fti
--
f-1
idl,t.. I
,t
.t
'*.i aa!Il)
I
I
I''l)'; f.-7,f ..
17.E.c
Packet Pg. 2185 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
#
t.N
0 tt
FL UCCS MAP
copyright 2022 Mapwise, rnc. Alr rights reserved. www.mapwise.com. This rcontent user assumes afl risk of us-e. M.pwir";;it;'rrJil*
".rr." no
m-ap is informational only. No representation is made or warranty given as to itsresponsibility for any losses resulting from such usii
- "-' ' '
Lab€ls DEwtng
tfoints Drawing
Lines Drawing
Polygons DEwing
Selected Custom parcels
Streets OSM Hybrid
County Boundaris
Par€el Outlines
t
/
'.
-'t - <r,{. :--#_
E-
r
hl
r.I
!{
I
17.E.c
Packet Pg. 2186 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
FLUCC SC ODE AN D VEGET ATI ON INVENT ORY
612 Mangroves - shorebank
Tlris habitat is the interface between the project site and Rock Creek. The area isvegetated with Black mangroves and eustrilian pine. There are pockets of withmangroves the pockets ofexotics along the shoreline.
OBL
Exotic
FAC
Exotic
Nuisance
OBL
OBL
Vine
Exotic
438 Mixed Hardwoods Exotics Dominated
Portions of this area have been previousry cleared. The site has a home and a warehouseon the premises. The site is disturbed by iense exoti", *.uropy, midstory and g.ouoJcover. The canopy does have some native trees such as slash pines and live oaks. Thereiue some areas with soil disturbance. Remnant fencing and cross fencing from ,o." p^tanimal husbandry can be seen- The entire site har u""i i-pu"i"a ty mriesteaaing an'a
-
exotic vegetation. At times these exotics form impenetrabie strands.
F'LUCCS CODE
Common Name
Slash pine
Cabbage palm
laurel oak
Live oak
Australian pine
Strangler fig
Ear leafacacia
Banyan
Brazilian pepper
java plum
Woman tongue
cocoplum
wax myrtle
Broom sedge
Flat sedge
(Description)
Scientific Name Indicator Status
Avicennia germinana
Sc hinus t e r e b int hdo I i us
Sabal palmetto
Ardisia elliptica
Wedelia trilobata
Rhizophora mangle
Acrostichum aureum
Rhabdadenia biflora
C asuar i na e q uis e t ifo I i a
Pinus elliotti
Sabal palmetto
Quercus laurifulia
Quercus virginiana
C as uarina e q ui s e t ifu I i a
Ficus aurea
Acacia auricul ifurmis
Ficus benghalensis
Sc hinus t er eb inthifu I ius
Syzygium cumini
Albizia lebbeck
Chrysobalanus icaco
Myrica cerifera
Andropogon virginicus
Cyperus ligularis
FACW
FAC
FACW
FACU
Exotic
FAC
Exotic
Exotic
Exotic
Exotic
Exotic
FACW
FAC+
FAC_
FACW
Black mangroves
Brazilian pepper
Cabbage palm
Shoebutton ardisia
Wedelia
Red Mangroves
Leather fems
Mangrove rubber
Australian pine
17.E.c
Packet Pg. 2187 Attachment: Attachment B - Waiver from Cultural Archaeological Assessment (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
July 13, 2023
Mr. Noel J. Davies, Esq.
Davies Duke, PLLC
1415 Panther Lane, Suite 442
Naples, FL 34109
Dear Mr. Davies,
This correspondence is in response to your email of May 23, 2023, which included substantial
suggested revisions to the proposed “Naples Municipal Airport Avigation Easements And
Declaration Of Height Restrictions And Covenants” that was first submitted by the City of Naples
Airport Authority (the “NAA”) to Collier County and Elah Holdings LLC (the “Developer”) on
November 1, 2022. The principal changes that you requested, which undermine the intent and
purpose of the original document recommended by the NAA, included the following:
1. Deletion of all avigation and aircraft noise easement provisions which effectively
removes all of the rights granted to the public relating to the use and passage of aircraft
near and over airspace above the proposed development (despite it being located less
than 855 feet from a public airport);
2. Removal of critical provisions under Paragraph 3, including, but not limited to, those
which would better ensure any and all subsequent home buyers are constructively
notified in advance they would be purchasing a home immediately across the street
from a public airport, to include the related noise and disturbances, through a publicly
recorded instrument;
3. Removal of the revisions that the NAA previously submitted to the Developer on May
4, 2023 concerning the height restriction under Paragraph 4 (where the NAA increased
the permissible height of natural growth (i.e., trees) from 58 feet to 150 feet above the
elevation of the Naples Municipal Airport);
4. Elimination of language under Paragraph 5 which would improve disclosure and
provide more comprehensive notice to prospective buyers and renters of the proximity
of, and the noises incident to, the airport (which is consistent with local past practice);
5. Removal of Paragraph 7 which would ensure the as-built height of any dwelling has
been constructed in compliance with the height restriction; and
17.E.d
Packet Pg. 2188 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Mr. Noel J. Davies, Esq.
July 13, 2023
Page 2
6. Elimination of all injunctive relief provisions under Paragraph 10 (which are customary
for these types of avigation easements, height restrictions and covenants).
Prior to your engagement as legal counsel to the Developer, the NAA informed both the
Developer and Collier County of its objections to the proposed development. While the subject
property lies outside the established 60 decibel (dB) Day Night Level (DNL) average noise
contour that has been adopted by the County, future residents will be impacted by high levels
of noise, particularly as the airport continues to experience increased jet aircraft activity and
projects even more jet aircraft activity in the future. Although the zoning currently allows for
the development of two residential units, it is the strong belief of the NAA that the increased
density with luxury dwellings presents an incompatible land use and will result in greater
public pressure to take adverse action against the airport.
In fact, the NAA is already experiencing the effects of increased residential development
nearby the airport, including new residents of the adjacent neighborhoods immediately to the
south and west of the proposed development, who have recently appeared at public meetings
and demanded that the airport be relocated or closed altogether.
However, the NAA recognizes the Collier County Board of Commissioners has ultimate
authority to approve the petition. In the event of their approval, we urge the County to require,
as a condition precedent of such approval, the following Developer commitments:
As a condition precedent to the County approving this PUD, and prior to encumbering,
selling, leasing or transferring any interests in the land within this PUD, the Owner and
Developer shall execute and record in the Public Records of Collier County avigation
easements and declaration of restrictive covenants titled “Naples Municipal Airport
Avigation Easements And Declaration Of Height Restrictions And Covenants,” in the form
attached hereto as EXHIBIT “F-1” and approved by the City of Naples Airport Authority
(the “NAA”), that stipulates, among other things, the following:
i. The Owner and Developer shall grant unto the NAA and its successors and assigns,
and impose upon and bind Owner and Developer and their successors, successors-
in-title and assigns, for the use and benefit of the public for so long as the Naples
Municipal Airport is used as an airport, perpetual avigation, aircraft operations and
aircraft noise easements and rights of way appurtenant to the NAA and the Naples
Municipal Airport for the unobstructed use and passage of all types of aircraft in
and through any and all of the airspace above the subject property;
ii. The maximum height of any dwelling unit, building, structure or other man-made
or artificial improvement (including rooftop appurtenances) shall not exceed fifty
(50) feet above the established elevation of the Naples Municipal Airport, which is
a total height of fifty eight and two tenths (58.2) North American Vertical Datum
of 1988 (NAVD 88); provided, however, trees, landscaping and other objects of
natural growth shall be permitted so long as the height thereof never exceeds an
17.E.d
Packet Pg. 2189 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Mr. Noel J. Davies, Esq.
July 13, 2023
Page 3
“imaginary surface” (i.e., horizontal surface) one hundred fifty (150) feet above the
established elevation of the Naples Municipal Airport in accordance with the
federal obstruction standards contained in 14 C.F.R., Part 77, Subpart C (as the
same may be amended from time to time);
iii. The Owner and Developer shall provide in any and all declarations of restrictive
covenants, sales contracts, leases and other instruments encumbering, selling,
leasing or transferring any interests in the land within this PUD the following
disclosure:
“NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICPAL
AIRPORT IS LOCATED LESS THAN EIGHT HUNDRED FIFTY
FIVE (855) FEET FROM THE [PROPERTY] [PREMISES], IN CLOSE
PROXIMITY THERETO. [PURCHASERS][OWNERS][TENANTS]
CAN EXPECT ALL OF THE USUAL AND COMMON NOISES AND
DISTURBANCES CREATED BY, AND INCIDENT TO, THE
OPERATION OF AN AIRPORT.”; and
iv. The Owner and Developer shall comply with all stipulations of any FAA
Determination of No Hazard to Air Navigation issued with respect to the land
within this PUD (including any crane used for construction and/or maintenance
therein).
Prior precedent requiring Avigation Easements in favor of the NAA to protect the public
interest is well established. Several examples are enclosed, including:
1. Deed of Easement between ANJO Development, Inc (commonly referred to as the
Waterfront Condominiums on North Road) and the NAA dated August 8, 1989;
2. Avigation Easement between Andrew B. Wolfe, Trustee (commonly referred to as
Beaumaris Subdivision) and the NAA dated October 13, 1989;
3. Naples Municipal Airport Avigation and Hazard Easement between Rock Creek Holdings,
LLC (commonly referred to as the Beach House) and the NAA dated October 11, 2011;
4. Naples Municipal Airport Avigation and Hazard Easement between Naples 5th Avenue
Hotel, LLC (commonly referred to as the Hyatt House) and the NAA dated October 20,
2014.
Enclosed please find an updated clean version of the “Naples Municipal Airport Avigation
Easements And Declaration Of Height Restrictions And Covenants“ which includes
concessions made by the NAA to address certain changes requested by the Developer. It is
important to note that, at a meeting of the NAA’s Board of Commissioners on August 18, 2022,
Mr. Erik Mogelvang, the owner and manager of the Developer, publicly acknowledged that
17.E.d
Packet Pg. 2190 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Mr. Noel J. Davies, Esq.
July 13, 2023
Page 4
aircraft like helicopters would fly over the proposed development and various noises would be
heard from the airport. The NAA believes the enclosed version better protects the public and
more appropriately addresses the adverse airport impacts acknowledged by Mr. Mogelvang.
As such, the enclosed version represents the NAA’s final position on this matter.
We look forward to discussing this petition further with the Collier County Planning
Commission and Board of County Commissioners.
Sincerely,
Christopher A. Rozansky
Executive Director
17.E.d
Packet Pg. 2191 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Page 1 of 6
EXHIBIT “F-1”
Prepared without review or opinion of title by:
William L. Owens, Esq.
Bond, Schoeneck & King, PLLC
4001 Tamiami Trail North, Suite 250
Naples, FL 34103
(239) 659-3800
NAPLES MUNICIPAL AIRPORT AVIGATION EASEMENTS AND
DECLARATION OF HEIGHT RESTRICTIONS AND COVENANTS
This Naples Municipal Airport Avigation Easements And Declaration Of Height Restrictions
And Covenants (this “Declaration”) is made as of the _____ day of ________________, 20___
(“Effective Date”), by ELAH HOLDINGS LLC, a Florida limited liability company whose address is
2590 Golden Gate Parkway, Suite 106, Naples, Florida 34105, and its successors, successors-in-title and
assigns (collectively “Declarant”), and the CITY OF NAPLES AIRPORT AUTHORITY, a political
subdivision of the State of Florida whose address is 160 Aviation Drive North, Naples, Florida 34104,
and its successors and assigns (collectively “Grantee”).
RECITALS
A. Declarant is the fee simple owner of certain real property located in the County of
Collier, Florida, as more particularly described in Exhibit A attached hereto and by this reference made a
part hereof (the “Property”). As used herein, the term “Property” includes the land described in Exhibit A
attached hereto and any and all dwelling units, buildings, structures, trees, landscaping and improvements
now and from time to time hereafter erected or to be installed thereon.
B. The Property lies in close proximity to Naples Municipal Airport located in the City of
Naples, Florida (the “Naples Municipal Airport”).
C. Declarant acknowledges that although the Property is located outside the approach and
noise zones, it is subject to and affected by noise, vibrations, fumes, vapors, exhaust, dust, deposits, odors
and any and all other effects and nuisances that may be incident to or caused by the operation of aircraft
over or in the vicinity of the Property or by aircraft landing at, taking off from or operating around or at
Naples Municipal Airport.
D. Declarant desires to develop the Property in accordance with the terms, conditions and
requirements of the Estates at Rock Creek RPUD submitted for approval to the Board of County
Commissioners of Collier County, Florida, a political subdivision of the State of Florida (the “RPUD”),
and Grantee has agreed to not object to or oppose the RPUD so long as Declarant agrees to impose certain
Avigation Easements (as defined below), covenants, equitable servitudes, restrictions and requirements on
the Property to promote safety, provide awareness of the proximity of the Naples Municipal Airport and
grant the rights set forth herein.
E. The parties enter into this Declaration for the purposes set forth above and below.
NOW, THEREFORE, in consideration of premises and the forgoing recitals and the sum of Ten
Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, Grantee hereby agrees that it will not object to the (i) development of the Property or (ii)
permitting, construction or maintenance of dwelling units, buildings, structures, trees, landscaping and
improvements to be constructed and developed on the Property, including temporary cranes required for
such construction, so long as such development, dwelling units, buildings, structures, trees, landscaping,
improvements and temporary cranes comply with the Avigation Easements, covenants, equitable
servitudes, restrictions and requirements set forth in this Declaration, the RPUD, all required
governmental approvals and conditions thereof and conditions of any Federal Aviation Administration
(“FAA”) Letter of Determination of No Hazard to Air Navigation issued in conjunction with the
construction or use of temporary cranes for the dwelling units, buildings, structures, trees, landscaping
17.E.d
Packet Pg. 2192 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Page 2 of 6
and improvements that are legally applicable to the Property, in consideration for which Declarant, for
itself and its successors, successors-in-title and assigns, hereby voluntarily submits declares, agrees and
subjects the Property, together with all dwelling units, buildings, structures, trees, landscaping and
improvements now and from time to time hereafter erected or to be installed thereon, to all of the
Avigation Easements, covenants, equitable servitudes, restrictions and requirements contained in this
Declaration:
TERMS
1. Recitals. All of the Recitals set forth herein are hereby adopted and accepted and by this
reference made a part of this Declaration.
2. Submission Statement. All of the Property (including any and all dwelling units,
buildings, structures, trees, landscaping and improvements now and from time to time hereafter erected or
to be installed thereon) shall be owned, held, improved, transferred, sold, conveyed, leased, licensed,
mortgaged, encumbered, used, repaired and maintained subject to all of the Avigation Easements,
covenants, equitable servitudes, restrictions and requirements of this Declaration which Avigation
Easements, covenants, equitable servitudes, restrictions and requirements shall run with the title to the
Property. This Declaration shall be binding upon all parties now or hereafter having any right, title or
interest in any portion of the Property and their successors, successors-in-title and assigns.
3. Avigation Easements. Declarant, for itself and its successors, successors-in-title and
assigns, hereby declares, grants, sells and conveys unto Grantee and its successors and assigns, and
hereby imposes upon and binds Declarant and its successors, successors-in-title and assigns, for the use
and benefit of the public (including, without limitation, any and all users, customers, tenants, invitees and
licensees of Grantee and the Naples Municipal Airport, together with any and all persons and entities
operating aircraft to or from the Naples Municipal Airport) for so long as the Naples Municipal Airport is
used as an airport, perpetual avigation, aircraft operations and aircraft noise easements and rights of way
appurtenant to Grantee and the Naples Municipal Airport for the unobstructed use and passage of all types
of aircraft (as defined below) in and through the Avigation Easement Area (as hereafter defined), which
allows and permits all those navigating the airspace contained in the Avigation Easement Area to have the
right to cause in and discharge and emit from the Avigation Easement Area such noise, vibrations, odors,
fumes, vapors, air currents, illumination, fuel particles, smoke, dust and other particulate matter and all
other effects, whether or not confined to the Avigation Easement Area, as may be incident to or caused by
the operation of aircraft within the Avigation Easement Area and to, from or at the Naples Municipal
Airport (collectively the “Avigation Easements”). As used in this Declaration, the term (i) “Avigation
Easement Area” shall mean any and all of the airspace above the Property, including, without limitation,
that portion of the airspace above ground level (AGL) at the Property as shall be permitted by Federal
Aviation Regulations Part 77 or such other applicable U.S. Code of Federal Regulations (Title 14) in
effect from time to time or of any successor agency, or of any other agency having jurisdiction and (ii)
“aircraft” shall mean any contrivance now known or hereafter invented, used or designed for navigation
of or flight in the air without limit, now or in the future, as to speed, size, characteristics, frequency, or
time of operation, by whomsoever owned and operated. Declarant, for itself and its successors,
successors-in-title and assigns, hereby further declares, grants, conveys, acknowledges, covenants and
agrees as follows:
(a) Declarant, for itself and its successors, successors-in-title and assigns, declares,
covenants and agrees that the Property shall not be used at any time and in any manner so as to (i) create
interference with visual contact, radio, radar, microwave, electromagnetic or any other communication
between any installation serving the Naples Municipal Airport and aircraft, (ii) create glare, misleading
lights or otherwise make it difficult for flyers to distinguish between a irport lights and others, (iii) cause a
discharge of fumes, dust or smoke or otherwise impair visibility in the vicinity of the Naples Municipal
Airport, (iv) endanger the landing, taking off or maneuvering of aircraft or (v) constitute a hazard under
or violate any applicable regulations of the U.S. Department of Transportation, Federal Aviation
17.E.d
Packet Pg. 2193 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Page 3 of 6
Administration, in effect from time to time or of any successor agency, or of any other agency having
jurisdiction.
(b) Any and all subsequent owners of all or part of any interest in the Property shall,
by acceptance of conveyance of the Property, be deemed to have acknowledged and agreed that aviation
is an expanding and developing activity and that the degree to which one or more of the rights and
obligations granted herein may affect the Property may change with the passage of time, and any such
changes shall not be cause for any such subsequent owners, their successors, successors-in-title and
assigns, to seek or recover compensation or damages. The Avigation Easement Area includes the free
and unobstructed rights of use and passage by aircraft in and through any and all of the airspace above the
Property, with such rights of use and passage by aircraft to be unlimited as to frequency, time of passage
and type of aircraft so long as the exercise of such rights is not in violation of the applicable federal law
governing aircraft flight operations (collectively the “Passage of Aircraft”).
(c) It is expressly intended by Grantee and Declarant, and its successors, successors-
in-title and assigns, that the Avigation Easements shall apply to the Passage of Aircraft and to noise and
all other effects of aircraft operations that may otherwise be objectionable or constitute a trespass, a
permanent or continuing nuisance, personal injury, a taking, an inverse condemnation or damage to the
Property. Declarant, for itself and its successors, successors-in-title and assigns, does hereby agree (and
any and all subsequent owners of all or part of any interest in the Property shall, by acceptance of
conveyance of the Property, be deemed to have agreed) to: (i) expressly waive and release Grantee, its
commissioners, officers, employees, agents, attorneys, insurers, successors and assignees, from and
against any and all claims, liabilities and demands of any nature whatsoever for injury to persons or
property damage now or in the future arising out of or in any way related to the Passage of Aircraft,
aircraft operations to, from or at the Naples Municipal Airport and all other matt ers covered by this
Declaration and the Avigation Easements granted hereunder and (ii) be forever barred from bringing or
continuing any suit or proceeding against Grantee, its commissioners, officers, employees, agents,
attorneys, insurers, successors and assignees, under any theory of recovery, arising out of any matters
covered by this Declaration and the Avigation Easements granted hereunder, including, but not limited to,
noise, vibrations, odors, fumes, vapors, air currents, illumination, fuel particles, smoke, dust and other
particulate matter and all other effects as may be incident to or caused by the Passage of Aircraft or any
other aircraft operations, as well as discomfort, inconvenience or interference with the use and enjoyment
of the Property and any damage to or reduction of market value of the Property.
4. Height Restriction. No dwelling unit, building, structure or other man-made or artificial
improvement, including Rooftop Appurtenances (as defined below), shall be constructed, installed,
affixed or otherwise placed on the Property which is or will be erected to a height of greater than fifty
(50.00) feet above the established elevation of the Naples Municipal Airport, which is a total height of
fifty eight and two tenths (58.2) North American Vertical Datum of 1988 (NAVD 88); provided,
however, (a) trees, landscaping and other objects of natural growth shall be permitted on the Property so
long as the height thereof never exceeds an “imaginary surface” (i.e., horizontal surface) one hundred
fifty (150) feet above the established elevation of the Naples Municipal Airport in accordance with the
federal obstruction standards contained in 14 C.F.R., Part 77, Subpart C (as the same may be amended
from time to time) and (b) Declarant, Declarant’s successors, successors-in-title and assigns and any
subsequent owners of all or part of any interest in the Property shall be required (at their sole expense) to
trim and maintain all trees, landscaping and other objects of natural growth on the Property as necessary
from time to time to remain in compliance with the height restrictions set forth herein . As used herein,
Rooftop Appurtenances means appurtenances commonly affixed to or placed on the roof of a dwelling
unit, building, structure or other improvement such as chimneys, satellite dishes, antennas and equipment
(collectively “Rooftop Appurtenances”). Temporary cranes required for construction and/or maintenance
of dwelling units, buildings, structures, trees, landscaping and improvements on the Property that comply
with the RPUD, all required governmental approvals and conditions thereof and conditions of any FAA
17.E.d
Packet Pg. 2194 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Page 4 of 6
Letter of Determination of No Hazard to Air Navigation issued in conjunction with such construction
and/or maintenance are not subject to the forgoing height restriction.
5. Disclosure Requirements. Declarant covenants and agrees that a disclosure substantially
similar to the following shall be included in and made part of any and all declarations of restrictive
covenants, sales contracts, leases and similar instruments encumbering, selling or transferring any
interests in the Property or any portion thereof:
“NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICIPAL AIRPORT
IS LOCATED LESS THAN EIGHT HUNDRED FIFTY FIVE (855) FEET
FROM THE [PROPERTY][PREMISES], IN CLOSE PROXIMITY THERETO.
[PURCHASER][OWNERS][TENANT] CAN EXPECT ALL OF THE USUAL
AND COMMON NOISES AND DISTURBANCES CREATED BY, AND
INCIDENT TO, THE OPERATION OF AN AIRPORT.”
6. Running with Property. All of the Avigation Easements, covenants, equitable servitudes,
restrictions and requirements set forth in this Declaration shall be perpetual and burden Declarant,
Declarant’s successors, successors-in-title and assigns and any subsequent owners of all or part of any
interest in the Property. This Declaration shall attach to and run with the Property and shall be forever
binding upon Declarant and all successors-in-title to all or any portion of the Property (including any and
all dwelling units, buildings, structures, trees, landscaping and improvements now and from time to time
hereafter erected or to be installed thereon). All of the Avigation Easements, covenants, equitable
servitudes, restrictions and requirements set forth in this Declaration shall be enforceable by Grantee and
its successors and assigns against Declarant and any future owners of the Property or any part thereof or
interest therein, including, but not limited to, any purchaser, tenant, licensee, occupant or invitee of or on
the Property or any portion thereof.
7. Certification. Within thirty (30) days after a certificate of occupancy or its equivalent is
issued by the applicable government authority for each dwelling unit, building, structure or other man-
made or artificial improvement that has been constructed, installed, affixed or otherwise placed on the
Property, Declarant and any future owners of the Property or any part thereof or interest therein shall
provide Grantee with written certification from an architect, engineer or surveyor licensed in the State of
Florida that the as-built height of each such dwelling unit, building, structure or other man-made or
artificial improvement, including Rooftop Appurtenances, is in full compliance with all of the Avigation
Easements, covenants, equitable servitudes, restrictions and requirements contained in this Declaration.
8. No Waiver. No waiver by Grantee at any time of any Avigation Easements, covenants,
equitable servitudes, restrictions and requirements set forth in this Declaration shall be deemed or taken as
a waiver at any time thereafter of the same or any other Avigation Easements, covenants, equitable
servitudes, restrictions and requirements or of the strict and prompt performance thereof. No waiver shall
be valid against Grantee unless reduced to writing and executed by Grantee.
9. Default and Remedies. If Declarant or any future owners of the Property or any part
thereof or interest therein fail to comply with or violate any of the Avigation Easements, covenants,
equitable servitudes, restrictions and requirements set forth in this Declaration, then Grantee shall be
entitled to exercise any and all rights or remedies available at law or in equity or under the express terms
of this Declaration, including injunctive relief as provided herein. All rights and remedies of Grantee
shall be cumulative and not exclusive of one another. The exercise of any one or more rights and
remedies shall not constitute a waiver or election with respect to any other available rights and remedies.
No delay or omission to exercise any rights and remedies accruing upon any failure to comply with or
violation of any of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration shall impair those rights and remedies or shall be construed to
be waiver thereof, but any such rights and remedies may be exercised from time to time and as often as
may be deemed necessary.
17.E.d
Packet Pg. 2195 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Page 5 of 6
10. Injunctive Relief. Declarant and any and all future owners of the Property or any part
thereof or interest therein acknowledge and agree that damages as a result of a failure to comply with or
violation of any of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration are not readily ascertainable, that money damages or other legal
relief will not adequately compensate Grantee for any such failure or violation, and, in addition to any
entitlement to monetary damages, that Grantee is entitled to injunctive relief compelling the specific
performance of all of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration. Declarant and any and all future owners of the Property or any
part thereof or interest therein further acknowledge and a gree that failure to comply with or violation of
any of the Avigation Easements, covenants, equitable servitudes, restrictions and requirements set forth in
this Declaration would constitute irreparable harm to Grantee, and Declarant and any and all future
owners of the Property or any part thereof or interest therein hereby waive any defenses to the grant of a
temporary injunction or restraining order related to any such failure or violation based on the adequacy of
legal remedies.
11. Recording and Modification. Declarant shall, at is sole cost, record this Declaration in
the Public Records of Collier County, Florida. This Declaration may only be modified, amended,
released or terminated by a written instrument executed by Grantee and Declarant or Declarant’s
successors, successors-in-title and assigns to the fee simple title to the Property or any portion thereof,
and recorded in the Public Records of Collier County, Florida.
12. Miscellaneous. This Declaration and all rights hereunder shall be governed by the laws
of the State of Florida and applicable Federal laws and regulations and shall be binding upon Declarant
and its successors, successors-in-title and assigns, and shall inure to the benefit of Grantee and its
successors and assigns. If more than one party executes this Declaration as Declarant, the liability of all
such parties hereunder shall be joint and several. In the event any one or more of the provisions contained
in this Declaration shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions of this Declaration, and this
Declaration shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein. This Declaration may be executed in counterparts by manual signature or authenticated
by any electronic signature or other method effective under applicable law, each of which shall be
deemed an original and all of which together will constitute one and the same instrument. A photographic
or other reproduction of this Declaration may be made by Grantee, and any such reproduction shall be
admissible in evidence with the same effect as the original itself in any judicial or administrative
proceeding, whether or not the original is in existence.
IN WITNESS WHEREOF, Declarant and Grantee have made, executed and delivered this
Declaration as of the Effective Date.
DECLARANT:
_______________________________ ELAH HOLDINGS LLC,
Witness #1 Name: _______________ a Florida limited liability company
_______________________________ By: __________________________________
Witness #2 Name: _______________ Erik Mogelvang, Manager
17.E.d
Packet Pg. 2196 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Page 6 of 6
STATE OF FLORIDA )
COUNTY OF COLLIER ) ss.:
The foregoing instrument was acknowledged before me, by means of physical presence, this
_____ day of __________, 20___, by Erik Mogelvang, as Manager of ELAH HOLDINGS LLC, a
Florida limited liability company, on behalf of the limited liability company, who ☐ is personally known
to me or ☐ has produced _________________________ as identification.
_____________________________________
Notary Public
_____________________________________
Name of Notary (typed, printed or stamped)
[Place Notary Seal and/or Stamp Above] My Commission Expires: ________________
GRANTEE:
_______________________________ CITY OF NAPLES AIRPORT AUTHORITY,
Witness #1 Name: _______________ a political subdivision of the State of Florida
_______________________________ By: __________________________________
Witness #2 Name: _______________ Printed Name: _____________________
Printed Title: Chair
STATE OF FLORIDA )
COUNTY OF COLLIER ) ss.:
The foregoing instrument was acknowledged before me, by means of physical presence, this
_____ day of __________, 20___, by _____________________, as Chair of the CITY OF NAPLES
AIRPORT AUTHORITY, a political subdivision of the State of Florida, on behalf of the political
subdivision, who ☐ is personally known to me or ☐ has produced _________________________ as
identification.
_____________________________________
Notary Public
_____________________________________
Name of Notary (typed, printed or stamped)
[Place Notary Seal and/or Stamp Above] My Commission Expires: ________________
17.E.d
Packet Pg. 2197 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
15522488.6
Exhibit A
17.E.d
Packet Pg. 2198 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2199 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2200 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2201 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2202 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2203 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2204 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2205 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2206 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2207 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2208 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2209 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2210 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2211 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2212 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2213 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2214 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2215 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2216 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2217 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2218 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2219 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2220 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2221 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2222 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2223 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2224 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2225 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2226 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2227 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2228 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2229 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.d
Packet Pg. 2230 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.dPacket Pg. 2231Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock
17.E.dPacket Pg. 2232Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock
17.E.dPacket Pg. 2233Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock
17.E.d
Packet Pg. 2234 Attachment: Attachment C - July 13, 2023 - Naples Airport Authority Letter (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
XXXXXXXX PINELLAS
12TH sEPTEMBER 23
Josephine Medina personally known
xxxxxx
Sandra K. Fabrizio
17.E.f
Packet Pg. 2235 Attachment: Attachment E - Hearing Advertising Sign (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.f
Packet Pg. 2236 Attachment: Attachment E - Hearing Advertising Sign (26488 : PL20220001779 - Rock Creek Estates
Timothy Finn
From:
Sent:
To:
Cc:
Subject:
Attachments:
Chris Rozansky < CRozansky@flynaples.com >
Monday, October 23,2023 10:07 AM
Timothy Finn
Bill Owens
RE: [External] RE: Rock Creek Estates - [Revised Redlined & Clean Versions] Avigation
Easement/Covenants
Avigation Easements_Restrictive Height Covenants_Notifications 2023-2.pdf
EXTERNAL EMAIL: This email is from an externalsource. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good Morning Tim,
Are you also able to include this exhibit in the BOCC packet? lt's the same one we presented to the PC.
Thanks,
Chris
Chris Rozansky ! Executive Director
Naples Airport Authority
239-643-0733 | flynaples.com
From: Chris Rozansky
Sent: Tuesday, October 77,2023 4:59 PM
To: FinnTimothy <Timothy.Finn @colliercountyfl.gov>
Cc: Bill Owens <owensw@bsk.com>
Subject: FW: [External] RE: Rock Creek Estates - [Revised Redlined & Clean Versions] Avigation Easement/Covenants
Tim,
Please see attached for inclusion in your packet. We ask that this 'clean' version of the easement be attached to Exhibit
F-L Developer Commitments as part of the ordinance.
Please let me know of any questions, thanks.
Chris
Chris Rozansky I Executive Director
Na ples Ai rport Authority
239-643-0733 | flynaples.com
From: Owens, William <owensw@bsk.com>
Sent: Tuesday, October 77,2023 4:38 PM
To: Richard Yovanovich <ryovanovich@cvklawfirm.com>
Cc: Ch ris Roza nsky <CRozanskV@flvna ples.com>
Subject: [External] RE: Rock Creek Estates - [Revised Redlined & Clean Versions] Avigation Easement/Covenants
1
17.E.g
Packet Pg. 2237 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Rich,
Again, I appreciate your and your client's quick turnaround on this matter. The NAA has agreed to your request to
deletetheformerRecitalCinitsentirety. Attachedpleasefindaredlinedandcleanversionofthe"NaplesMunicipal
Airport Avigation Easements And Declaration Of Height Restrictions And Covenants" with such deletion (as compared to
the previous version that I emailed to you yesterday).
Timothy Finn with the Collier County Zoning Division has already requested from Chris Rozansky a copy of the "mutually
agreeable easement." Since the document is now finalized between your client and the NAA, Chris is going to email him
the attached clean version.
Thanks
Bill
William Owens
Member / Business, Banking & Real Estate
239.659.3822 Direct
400l TamiamiTrail North, Suite 105, Naples, FL 34103
From: Richard Yovanovich <rvovanovich@cyklawfirm.com>
Sent: Tuesday, October 17,2023 2:40 PM
To: Owens, William <owensw@bsk.com>
Cc: Chris Rozansky <CRozanskv@flvnaples.com>
Subject: RE: Rock Creek Estates - [Revised Redlined & Clean Versions] Avigation Easement/Covenants
My client agrees to the easement with my revision.
Richard D. Yovanovich, Esq CYK
corf naer.r lvovANovtcH l(oESIER
..,rr7
",
,"' Q,Trusted & Verified
't. '. I"
Both Richard D. Yovonovich ond Colemon, Yovonovich & Koester, P.A., intend thot this messoge be used exclusively by the oddressee(s).
This messoge moy contoin informotion thot is privileged, confidentiol, ond exempt t'rom disclosure under opplicoble law.
Unauthorized disclosure or use of this int'ormotion is strictty prohibited. lf you hove received this communicotion in error, pleose
2
tr
External Email: Use caution before links or attachments.
The Northern Trust Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34'l 03
P: 239.435.35351 F: 239.435.1218
rvovanovich@cyklawf i rm. com
Visit cvklawfirm.com to learn more about us'
17.E.g
Packet Pg. 2238 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
From: Richard Yovanovich
Sent: Monday, October 16, 2023 2:46 PM
To:'Owens, William' <9tgg!:y{!Qb:L"qq1>
Cc: Chris Rozansky <CRozanskv@flVnaples.com>
Subject: RE: Rock Creek Estates - [Revised Redlined & Clean Versions] Avigation Easement/Covenants
Richard D. Yovanovich, Esq.
The Northern Trust Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
P: 239.435.35351 F: 239.435.121a
rvovanovich@cvklawf irm. com
Trusted & Verified
Roth Richord D. Yovonovich and Colemon, Yovonovich & Koester, P.A., intend thotthis nessoge be used exclusively W the oddtessee(s).
fhis messoge moy contoin infomotion thot is privileged, confidentiol, ond exempt lrom disclosurc under opplicoble low.
Unouthorized disclosure or use ol this inforhotion is strictly ptohibited. lf you hove rcceived this comfiunicotion in eior, pleose
notily Dionno Quintonillo immediotely ot dg!it!9!A9!P9y8!gy[!Ot9L ot coll (239) 435-3535, ond pemonently dispose ol the oiginol messoge
Rich,
As promised, attached please find a redlined version of the "Naples Municipal Airport Avigation Easements And
Declaration Of Height Restrictions And Covenants" highlightlng the revisions that we negotiated during the Collier
County Planning Commission meeting on October 5th (as compared to the previous 8/16/23 version of the
document). As agreed, I replaced the avigation easement provisions under paragraph 3 with the language from the
easement granted by Anjo Development, lnc. in 1989. Given the propefi's close proximity to the airport, I also added
the words "fumes, exhaust, dust, particulates, odors" to the items referenced therein as being inherent in the operation
of aircraft. I also retained the former subsection 3(a) which prohibits the property from being used in a manner which
creates interference or otherwise endangers the passage of aircraft.
3
,I
notify Dionno Quintonillo imrnediotely dt !g!!!E!49!P!ytEyL!@j9Lot coll (239) 435-3535, ond permohently dispose ol the oiginol messoqe.
Biil,
I have sent this to my client for his review.
I would like to delete recital C. I will let you know if my client has any additional revisions.
Rich
Visit cvklawlirm.com to learn more about us.
EMAN I YOvANOvtCH I KOTSTFR
From: Owens, William <owensw@bsk.com>
Sent: Monday, October 16, 2023 1:05 PM
To: Richard Yova novich <ryovanovich @cvklawfirm.com>
Cc: Chris Rozansky <CRozanskv(oflvnaples.com>
Subject: RE: Rock Creek Estates - [Revised Redlined & Clean Versionsl Avigation Easement/Covena nts
17.E.g
Packet Pg. 2239 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Per your request, we also revised paragraph 5 to clarifli that the disclosure requirements only apply to the "Declarant"
so long as it controls the board of the homeowners' association or is a party to the contract. Since you mentioned your
client intends to have each initial purchaser sign a separate written acknowledgment containing a similar disclosure, I
inserted language to that effect to the end of paragraph 5.
lhaveattachedacleanversionofthedocumentacceptingalloftheredlinedrevisions. Pleaseconfirmthatsuchclean
version is acceptable to you and your client (so that it can be presented as the agreed upon "Exhibit F-1" to the
developer commitments at the Collier County Board of Commissioner's meeting on November 14th).
Since the NAA's next board meeting is this Thursday at 8:30am, if possible, please let me know at your earliest
opportunity.
Thanks.
Bill
William Owens
Member / Business, Banking & Real Estate
239.659.3822 Direct
400l TamiamiTrail North, Suite 105, Naples, FL 34103
From: Richard Yovanovich <rvova novich@cvklawfirm.com>
Sent: Thursday, October 5,2023 9:22 PM
To: Owens, William <owensw@bsk.com>
Cc: Chris Rozansky <CRozanskv@flvnaples.com>
Subject: Re: Rock Creek Estates - Avigation Easement/Covenants
Bill,
I am glad we worked it out.
Enjoy your vacation
Rich
Rich Yovanovich
Sent from my iPhone
On Oct 5,2023, at 6:00 PM, Owens, William <owensw@bsk.com> wrote
Rich,
I just wanted to thank you and your client again for your cooperation this morning in negotiating
the avigation easement/covenants instrument. When I get back to the office on LOl76,l will prepare
4
External Email: Use caution before links or attachments.
17.E.g
Packet Pg. 2240 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
and send you for review a redlined version outlining all of the revisions that we mutually agreed upon
The next NAA board meeting is at 8:30am on L0/19, so hopefully we can finalize it before that time.
Bill
William L. Owens
Member
Business, Barking and Real Estate
239.659.3822Direct
239.649.3410 Fax
rvorvensl.zlbsk.com
4001 Tamiami Trail North. Suite 105, Naples, FL 34103-3556
This email is ONLY for the person(s) named in the message header. Unless otherwise indicated, it contains information that is confidential, privileged or
exempt from disclosure under applicable law. Ifyou have received it in erroq please notifl the sender ofthe error and delete the message.
IRS regulations require us to notiry you that any tax advice contained in this communication (including any attachments) is not intended or wdtten to be
used, and cannot be used, for the purpose ofavoiding penalties under the Intemal Revenue Code. Ifyou want a further description ofthis requirement, go
to httos://www.bsk.com/disclaimer.
5
17.E.g
Packet Pg. 2241 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
EXHIBIT "F-1"
Preoared without review or ooinion oftitle bv:
WilliM L Owe6, Esq.
Bond, Schoen@k & King, PLLC
4001 Tamiami Trail Nonh, Suite 250
Naples. FL 34103
(239) 659-3800
NAPLES MLTNICIPAL AIRPORT AVIGATION EASEMENTS AND
DECLARATION OF HEIGHT RESTRICTIONS AND COVENANTS
This Naples Municipal Airport Avigation iasements And Declaration Of fteigtrt Restrictions
And Covenants (this "Declaration") is made as of the _ day of _ 20_
("Effective Date"), by EI"AH HOLDINGS LLC, a Florida limited liability company whose address is
2590 Golden Gate Parkway, Suite 106, Naples, Florida 34105, and its successors, successors-in-title and
assigns (collectively "Declaranr"), and the CITY OF NAPLES AIRPORT AUTHORITY, a political
subdivision of the State of Florida whose address is 160 Aviation Drive North, Naples, Florida 34104,
.1d
its successorc -O ^::rnr (collelvely 'Crantee ).
RECITAIS
A. Declarant is the fee simple owner'of certain real properry located in the County of
Collier, Florid4 as more particularly described in Exhibit A attached hereto and by this reference made a
part hereof (the "Property"). As used herein, the term "Property" includes the land described in Exhibit A
attached hereto and any and all dwelling units, buildings, structures, trees, Iandscaping and improvements
now and from time to time hereafter erected or to be installed thereon.
B. The Property lies in close proximity to Naples Municipal Airport located in the City of
Naples, Florida (the "Naples Municipal Airport").
over er in the vi
Nap+es-NaurueAal++rpe*
tn Declarani desires to develop the Property in accoidance wiih the ierms, conditions and-
requirements of the Rock Creek Estates RPUD submitted for approval to the Board of County
Commissioners of Collier County, Florid4 a political subdivision of the State of Florida (the "RPUD"),
and Grantee has agreed to not object to or oppose the RPIJD so long as Declarant agrees to impose certain
Avigation Easements (as defined below), covenants, equitable servitudes, restrictions and requirements on
the Property to promote safety, provide awareness of the proximity of the Naples Municipal Airport and
gant the rights set forth herein.
DE The parties enter into this Declaration forthe purposes set forth above and below.
NOW, THEREFORE, in consideration of premises and the forgoing recitals and the sum of Ten
Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency ofwhich is hereby
acknowledged, Grantee hereby agrees that it will not object to the (i) development ofthe Property or (ii)
permitting, construction or maintenance of dwelling units, buildings, structures, trees, landscaping and
improvements to be constructed and developed on the Property, including temporary cranes ,equired fo.
such construction, so long as such development, dwelling units, buildings, structures, trees, landscaping,
improvements and temporary cranes comply with the Avigation Easements, covenants, equiiable
Fomatted: Font: 11pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Fomatted: Font: 11 pt
Formatted: Fonti 11 pt
Formatted: Font: 11 pt
Fomattedl Font: 11pt
Formatted: Font: 11 pt
Page I of6
17.E.g
Packet Pg. 2242 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
servitudes, restrictions and requirements set forth in this Declaration, the RPUD, all required
governmental approvals and conditions thereof and conditions of any Federal Aviation Administration
("FAA-) Letter of Determination of No Hazard to Air Navigation issued in conjunction with the
construction or use of temporary cranes for the dwelling units, buildings, structures, trees, landscaping
and improvements that are legally applicable to the Property, in consideration for which Declarant, for
itself and its successors, successors-in-title and assigns, hereby voluntarily submits declares, agrees and
subjects the Property, together with all dwelling units, buildings, structures, trees, landscaping and
improvements now and from time to time hereafter erected or to be installed thereon, to all of the
Avigation Easements, covenants, equitable servitudes, restrictions and requirements contained in this
Declaration:
TERMS
1 . Recitals. All of the Recitals set forth herein are hereby adopted and accepted and by this
reference made a part ofthis Declaration.
2. Submission Statement. All of the Property (including any and all dwelling units,
buildings, structures, trees, landscaping and improvements now and from time to time hereafter erected or
to be installed thereon) shall be owned, held, improved, transferred, sold, conveyed, leased, licensed,
mortgaged, encumbered, used, repaired and maintained subject to all of the Avigation Easements,
covenants, equitable servitudes, restrictions and requirements of this Declaration which Avigation
Easements, covenants, equitable servitudes, restrictions and requirements shall run with the title to the
Property. This Declaration shall be binding upon all parties now or hereafter having any right, title or
interest in any portion ofthe Property and their successors, successors-in-title and assigns.
3. Avigation Easements. Declarant, for itself and its successors, successors-in-title and
assigns, hereby declares, grants, sells and conveys unto Grantee and its successors and assigns, and
hereby imposes upon and binds Declarant and its successors, successors-in{itle and assigns, for the use
and benefit ofthe public (including, without limitation, any and all users, customers, tenants, invitees and
licensees of Grantee and the Naples Municipal Airport, together with any and all persons and entities
operating aircraft to or from the Naples Municipal Airport) for so long as the Naples Municipal Airport is
used as an airport, the following (collectively the "Avigation Easements"):
A perpetual, non-exclusive easement for the passage of aircraft in the air
space above the height ofone hundred fifty (150) feet over the ground
Ievel ofthe Property, together with an easement to cause in said air space
or upon the Property such noise, vibrations, fumes, exhaust, dust,
particulates, odors and movements of air as may be reasonably inherent
in the operation of aircraft, now or hereafter used, for navigation of or
flight in the air space, whether arriving at or departing from the Naples
Municipal Airport, or as may emanate from the Naples Municipal
Airport in connection with the repair, maintenance or operation of
aircraft and aircraft engines now or hereafter present on, above or about
the Naples Municipal Airport.
Declarant, for iselfand its successors, successors-in-title and assigns, declares, covenants
and agrees that the Property shall not be used at any time and in any manner so as to (i) create
interference with visual contact, radio, radar, microwave, electromagnetic or any other communication
between any installation serving the Naples Municipal Airport and aircraft, (ii) create glare, misleading
lights or otherwise make it difficult for flyers to distinguish between airport lights and others, (iii) cause a
discharge of fumes, dust or smoke or otherwise impair visibility in the vicinity of the Naples Municipal
Airport, (iv) endanger the landing, taking offor maneuvering ofaircraft or (v) constitute a hazard under
Formatted: Font: 11 pt
Page 2 of 6
17.E.g
Packet Pg. 2243 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
or violate any applicable regulations of the U.S. Deparfrnent of Transportation, Federal Aviation
Administration, in effect from time to time or of any successor agency, or of any other agency having
jurisdiction.
4. Heieht Restriction. No dwelling unit, building, structure or other man-made or artificial
improvemenl, including Rooftop Appurtenances (as defined below), shall be constructed, installed,
affixed or otherwise placed on the Property which is or will be erected to a height of greater than fifty
(50.00) feet above the established elevation of the Naples Municipal Airport, which is a total height of
fifty eight and two tenths (58.2) North American Vertical Datum of 1988 (NAVD 88); provided,
however, (a) trees, landscaping and other objects ofnatural growth shall be permitted on the Property so
long as the height thereof never exceeds an "imaginary surface" (i.e., horizontal surface) one hundred
fifty (150) feet above the established elevation ofthe Naples Municipal Airport in accordance with the
lederal obstruction standards contained in 14 C.F.R., Part 77, Subpart C (as the same may be amended
from time to time) and (b) Declarant, Declarant's successors, successors-in-title and assigns and any
subsequent owners ofall or part ofany interest in the Property shall be required (at their sole expense) to
trim and maintain all trees, landscaping and other objects ofnatural growth on the Properfy as necessary
from time to time to remain in compliance with the height restrictions set forth herein. As used herein,
Rooftop Appurtenances means appurtenances commonly affixed to or placed on the roof of a dwelling
unit, building, structure or other improvement such as chimneys, satellite dishes, antennas and equipment
(collectively "Rooftop Appurtenances"). Temporary cranes required for construction and/or maintenance
ofdwelling units, buildings, sfructures, trees, Iandscaping and improvements on the Property that comply
with the RPUD, all required govemmental approvals and conditions thereof and conditions of any FAA
Letter of Determination of No Hazard to Air Navigation issued in conjunction with such construction
and/or maintenance are not subject to the forgoing height restriction.
5. Declarant's Disclosure Requirements. Declarant covenants and agrees that a disclosure
substantially similar to the following shall be included in and made part ofany and all (a) declarations of
covenants and similar instruments encumbering any interests in the Property or any portion thereof so
long as Declarant or its affiliates is entitled to elect a majority of the members of the board of directors of
the homeowners' association responsible for the operation of the Property or any portion thereof and (b)
sales contracts, leases and similar instruments encumbering, selling or transferring any interests in the
Property or any portion thereofso long as Declarant or its affiliates is a party thereto:
..NAPLES MUNICIPAL A . THE NAPLES MLINICIPAL
AIRPORT IS LOCATED LESS THAN EIGHT HUNDRED FIFTY
FrvE (855) FEET FROM THE IPROPERTY][PREMTSES], rN CLOSE
PROXTMTTY THERETO IPURCHASER][OWNERSjITENANT]
CAN EXPECT ALL OF THE USUAL AND COMMON NOISES AND
DISTURBANCES CREATED BY, AND INCIDENT TO, THE
OPERATION OF AN AIRPORT."
Declarant further covenants and agtees that Declarant shall require each party who
acquires from Declarant or its affiliates any interests in the Property or any portion thereofto execute a
separate written acknowledgment containing a disclosure substantially similar to the disclosure referenced
hereinabove.
6. Running with Propertv. AII of the Avigation Easements, covenants, equitable servitudes,
restrictions and requirements set forth in this Declaration shatl be perpetual and burden Declarant,
Declarant's successors, successors-in-title and assigns and any subsequent owners of all or part of any
interest in the Property. This Declaration shall attach to and run with the Property and shall be forever
binding upon Declarant and all successors-in-title to all or any portion ofthe Property (including any and
all dwelling units, buildings, structures, trees, landscaping and improvements now and from time to time
Page 3 of6
17.E.g
Packet Pg. 2244 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
hereafter erected or to be installed thereon). All of the Avigation Easements, covenants, equitable
servitudes, resfictions and requirements set forth in this Declaration shall be enforceable by Grantee and
its successors and assigns against Declarant and any future owners ofthe Property or any partthereofor
interest therein, including, but not limited to, any purchaser, tenant. licensee, occupant or invitee ofor on
the Property or any portion thereof.
7. No Waiver. No waiver by Grantee at any time of any Avigation Easements, covenants,
equitable servitudes, restrictions and requirements set forth in this Declaration shall be deemed or taken as
a waiver at any time thereafter of the same or any other Avigation Easements, covenants, equitable
servitudes, restrictions and requirements or of the strict and prompt performance thereof. No waiver shall
be valid against Grantee unless reduced to writing and executed by Grantee.
8. Default and Remedies. If Declarant or any future owners of the Properry or any part
thereof or interest therein fail to comply with or violate any of the Avigation Easements, covenants,
equitable servitudes, restrictions and requirements set forth in this Declaration, then Grantee shall be
entitled to exercise any and all rights or remedies available at law or in equity or under the express terms
of this Declaration, including injunctive relief as provided herein. AII rights and remedies of Grantee
shall be cumulative and not exclusive of one another. The exercise of any one or more rights and
remedies shall not constitute a waiver or election with respect to any other available rights and remedies.
No delay or omission to exercise any rights and remedies accruing upon any failure to comply with or
violation of any of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration shall impair those rights and remedies or shall be construed to
be waiver thereof, but any such rights and remedies may be exercised from time to time and as often as
may be deemed necessary.
9. Iniunctive Reliel Declarant and any and all future owners ofthe Property or any part
thereof or interest therein acknowledge and agree that damages as a result of a failure to comply with or
violation of any of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration are not readily ascertainable, that money damages or other legal
relief will not adequately compensate Grantee for any such failure or violation, and, in addition to any
entiflement to monetary damages, that Grantee is entitled to injunctive relief compelling the specific
performance of all of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration. Declarant and any and all future owners of the Property or any
part thereof or interest therein further acknowledge and agree that failure to comply with or violation of
any ofthe Avigation Easements, covenants, equitable servitudes, restrictions and requirements set forth in
this Declaration would constitute irreparable harm to Grantee, and Declarant and any and all future
owners ofthe Property or any part thereofor interest therein hereby waive any defenses to the grant ofa
temporary injunction or restraining order related to any such failure or violation based on the adequacy of
legal remedies.
10. Recording and Modification. Declarant shall, at its sole cost, record this Declaration in
the Public Records of Collier County, Florida. This Declaration may only be modified, amended,
released or terminaled by a written instrument executed by Grantee and Declarant or Declarant's
successors, successors-in-title and assigns to the fee simple title to the Property or any portion thereof,
and recorded in the Public Records ofCollier County, Florida.
I l. Miscellaneous. This Declaration and all rights hereunder shall be govemed by the laws
ofthe State ofFlorida and applicable Federal laws and regulations and shall be binding upon Declarant
and its successors, successors-in{itle and assigns, and shall inure to the benefit of Grantee and its
successors and assigns. Ifmore than one party executes this Declaration as Declarant, the liability of all
such parties hereunder shall bejoint and several. in the event any one or more ofthe provisions contained
in this Declaration shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
Page 4 of6
17.E.g
Packet Pg. 2245 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
invalidity, illegaliry or unenforceability shall not affect any other provisions ofthis Declaration, and this
Declaration shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein. This Declaration may be executed in counterparts by manual signature or authenticated
by any electronic signalure or other method effective under applicable law, each of which shall be
deemed an original and all of which together will constitute one and the szrme instrument. A photographic
or other reproduction of this Declaration may be made by Grantee, and any such reproduction shall be
admissible in evidence with the same effect as the original iself in any judicial or administrative
proceeding, whether or not the original is in existence.
IN WITNESS WHEREOF, Declarant and Grantee have made, executed and delivered this
Declaration as of the Effective Date.
DECLARANT:
Witness #l Name:
By:
Witness #2 Name:Erik Mogelvang, Manager
STATE OF FLORIDA
COLTNTY OF COLLIER
The foregoing instrument was before
of by a
on behalf of the who tr is personally known
to me or E has produced as identification.
Notary Public
Name of Notary (typed, printed or stamped)
[Place Notary Seal and/or Stamp Above] My Commission Expires:
[Remainder oJ this page intentionally left blank - see next page for Grantee's signlture]
ss.:
)
)
this
Page 5 of6
a5
limited
17.E.g
Packet Pg. 2246 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Witness #1 Name:
GRANTEE:
CITY OF NAPLES AIRPORT ALTTHORITY,
a political subdivision ofthe State ofFlorida
By:
Witness #2 Name:Printed Name:
Printed Title: Chair
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me, bv means of phvsical presence. this
_ day of . 20-by as Chair of the CITY OF NAPLES
AIRPORT AUTHORITY, a political subdivision of the State of Florida, on behalf of the political
SS.:
subdivision, who E is personally known to me or n has produced
identification.
Notary Public
Name of Notary (typed, printed or stamped)
fPlace Notary Seal and/or Stamp Above] My Commission Expires:
as
Page 6 of6
17.E.g
Packet Pg. 2247 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Parccl Identificstion Number: 003E6760404
A certaid lot or perccl of lerd located in Section 2, Towrshp50 South, ReDge 25 E!!t, Collier
County, Florida, furtter bounded and described as foliowi: Co4imencing et the center ofsaid
Section 2, Tornship 50 South, Rangc 25 Eas! Colllcr County,-florida; thence stong the North snd
Exhibit A
South % line ofsaid Section 2, S 0 degrces 26'20' f, 30.00
North Road and a conclete monument lor a Place of
degrtes 3E'l0D E 664.90 fect, to the Erst lioe of the West % of
Company's Little Farms Number 2, as recordcd in Plat Book I,
Collier County, Ploridai thence r
to a concrete monumcnt; thetrca
line and its extcnsioo 0
degrees 32'15" E 20
and
South % linc ofsrid Section 2; thence along said North atrd South 7r linc N 0
Place of Bcgiuoing. Lying in thc West % of Lot 21, thc \test % of Lot 2?, and that
of Lot 23 lylng North of Rock Creek of seid Nrples Grove and Truck Comprny's
NK/A2250 North Road, Neple F.L 3410{
rlong seid East
I contlnulng S 0
rlght-of-way line of
along seid rlght-of-way N 89
Grove and Truck
Public Records of
32'15' E 641.t0 fc€t
Icrs to thc
Approrlmate
the North snd
w t84.00
part of the West %
Little Farms No.2.
more or less to a concrete Eotrumetrt; tbencc continuing N 0 degrees 26'20'feet to the
155224A81',|
17.E.g
Packet Pg. 2248 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
EXHIBIT "F-1'
Preoared without review or opinion oftitle by:
William L. Owens, Esq.
Bond, Schoeneck & King, PLLC
4001 Tamiami Trail North, Suite 250
Naples, FL 34103
(239) 659-3800
NAPLES MI]NICIPAL AIRPORT AVIGATION EASEMENTS ANI)
DECLARATION OF' HEIGHT RESTRICTIONS AND COVENANTS
This Naples Municipal Airport Avigation Easements And Declaration Of Height Restrictions
And Covenants (this "Declaration") is made as of the _ day of 20-
("Effective Date"), by ELAII HOLDINGS LLC, a Florida limited liability company whose address is
2590 Golden Gate Parlovay, Suite 106, Naples, Florida 34105, and its successors, successors-in-title and
assigns (collectively "Declarant"), and the CITY OF NAPLES AIRPORT AUTHORITY, a political
subdivision of the State of Florida whose address is 160 Aviation Drive North, Naples, Florida 34104,
and its successors and assigns (collectively "Grantee").
RECITALS
B. The Property lies in close proximity to Naples Municipal Airport located in the City of
Naples, Florida (the "Naples Municipal Airport").
C. Declarant desires to develop the Property in accordance with the terms, conditions and
requirements of the Rock Creek Estates RPUD submitted for approval to the Board of County
Commissioners of Collier County, Florida, a political subdivision of the State of Florida (the "RPUD"),
and Grantee has agreed to not object to or oppose the RPUD so long as Declarant agrees to impose certain
Avigation Easements (as defined below), covenants, equitable servitudes, restrictions and requirements on
the Property to promote safety, provide awareness of the proximity of the Naples Municipal Airport and
grant the rights set forth herein.
D. The parties enter into this Declaration for the purposes set forth above and below.
NOW, THEREFORE, in consideration of premises andthe forgoingrecitals and the sum of Ten
Dollars ($ 10.00) and other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, Grantee hereby agrees that it will not object to the (i) development of the Property or (ii)
permitting, construction or maintenance of dwelling units, buildings, structures, trees, landscaping and
improvements to be constructed and developed on the Properfy, including temporary cranes r"qri."d fo.
such construction, so long as such development, dwelling units, buildings, structu."., t.".r, landscaping,
improvements and temporary cranes comply with the Avigation Easements, covenants, equiiable
servitudes, restrictions and requirements set forth in this Declaration, the RpUD, all required
governmental approvals and conditions thereof and conditions of any Federal Aviation Administration("FAA") Letter of Determination of No Hazard to Air Navigation issued in conjunction with theconstruction or use of temporary cranes for the dwelling units, buildings, structur"., tr""r, landscaping
and improvements that are legaily applicable to the Proierty, in consideration for which Declarant, foritself and its successors, successors-in-title and assigns,
-t
"r.Uy voluntarily submits declares, agrees and
Page I of6
A. Declarant is the fee simple owner of certain real property located in the County of
Collier, Florida, as more particularly described in Exhibit A attached hereto and by this reference made a
part hereof (the "Property"). As used herein, the term "Propefly" includes the land described in Exhibit A
attached hereto and any and all dwelling units, buildings, structures, trees, landscaping and improvements
now and from time to time hereafter erected or to be installed thereon.
17.E.g
Packet Pg. 2249 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
subjects the Property, together with all dwelling units, buildings, structures, trees, landscaping and
improvements now and from time to time hereafter erected or to be installed thereon, to all of the
Avigation Easements, covenants, equitable servitudes, restrictions and requirements contained in this
Declaration:
TERMS
1 . Recitals. All of the Recitals set forth herein are hereby adopted and accepted and by this
reference made a part of this Declaration.
2. Submission Statement. All of the Property (including any and all dwelling units,
buildings, strucfures, trees, landscaping and improvements now and from time to time hereafter erected or
to be installed thereon) shall be owned, held, improved, transferred, sold, conveyed, leased, licensed,
mortgaged, encumbered, used, repaired and maintained subject to all of the Avigation Easements,
covenants, equitable servitudes, restrictions and requirements of this Declaration which Avigation
Easements, covenants, equitable servitudes, restrictions and requirements shall run with the title to the
Properfy. This Declaration shall be binding upon all parties now or hereafter having any right, title or
interest in any portion ofthe Propefi andtheir successors, successors-in-title and assigns.
3. Avigation Easements. Declarant, for itself and its successors, successors-in-title and
assigns, hereby declares, grants, sells and conveys unto Grantee and its successors and assigns, and
hereby imposes upon and binds Declarant and its successors, successors-in-title and assigns, for the use
and benefit of the public (including, without limitation, any and all users, customers, tenants, invitees and
licensees of Grantee and the Naples Municipal Airport, together with any and all persons and entities
operating aircraft to or from the Naples Municipal Airport) for so long as the Naples Municipal Airport is
used as an airport, the following (collectively the "Avigation Easements"):
A perpetual, non-exclusive easement for the passage of aircraft in the air
space above the height ofone hundred fifty (150) feet over the ground
level of the Property, together with an easement to cause in said air space
or upon the Properly such noise, vibrations, fumes, exhaust, dust,
particulates, odors and movements of air as may be reasonably inherent
in the operation of aircraft, now or hereafter used, for navigation of or
flight in the air space, whether arriving at or departing from the Naples
Municipal Airport, or as may emanate from the Naples Municipal
Airport in connection with the repair, maintenance or operation of
aircraft and aircraft engines now or hereafter present on, above or about
the Naples Municipal Airport.
Declarant, for itselfand its successors, successors-in-title and assigns, declares, covenants
and agrees that the Property shall not be used at any time and in any manner so as to (i) create
interference with visual contact, radio, radar, microwave, electromagnetic or any other communication
between any installation serving the Naples Municipal Airport and aircraft, (ii) create glare, misleading
lights or otherwise make it difficult for flyers to distinguish between airport lights and others, (iii) cause a
discharge of fumes, dust or smoke or otherwise impair visibility in the vicinity of the Naples Municipal
Airport, (iv) endanger the landing, taking off or maneuvering of aircraft or (v) constitute a hazard under
or violate any applicable regulations of the U.S. Department of Transportation, Federal Aviation
Administration, in effect from time to time or of any successor agency, or of any other agency havingjurisdiction.
4. Height Restriction. No dwelling unit, building, structure or other man-made or artificial
improvement, including Rooftop Appurtenances (as defined below), shall be constructed, installed,
Page 2 of6
17.E.g
Packet Pg. 2250 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
affixed or otherwise placed on the Properfy which is or will be erected to a height of greater than fifty
(50.00) feet above the established elevation of the Naples Municipal Airport, which is a total height of
fifty eight and two tenths (58.2) North American Vertical Datum of 1988 OIAVD 88); provided,
however, (a) trees, landscaping and other objects of natural growth shall be permitted on the Property so
long as the height thereof never exceeds an "imaginary surface" (i.e., horizontal surface) one hundred
fifty (150) feet above the established elevation of the Naples Municipal Airport in accordance with the
federal obstruction standards contained in 14 C.F.R., Part 77, Subpart C (as the same may be amended
from time to time) and (b) Declarant, Declarant's successors, successors-in-title and assigns and any
subsequent owners of all or part of any interest in the Properry shall be required (at their sole expense) to
trim and maintain all trees, landscaping and other objects of natural growth on the Properly as necessary
from time to time to remain in compliance with the height restrictions set forlh herein. As used herein,
Rooftop Appurtenances means appurtenances commonly affixed to or placed on the roof of a dwelling
unit, building, structure or other improvement such as chimneys, satellite dishes, antennas and equipment
(collectively "Rooftop Appurtenances"). Temporary cranes required for construction and/or maintenance
of dwelling units, buildings, structures, trees, landscaping and improvements on the Properly that comply
with the RPUD, all required governmental approvals and conditions thereof and conditions of any FAA
Letter of Determination of No Hazard to Air Navigation issued in conjunction with such construction
and/or maintenance are not subject to the forgoing height restriction.
5. Declarant's Disclosure Requirements. Declarant covenants and agrees that a disclosure
substantially similar to the following shall be included in and made part of any and all (a) declarations of
covenants and similar instruments encumbering any interests in the Properly or any portion thereof so
long as Declarant or its affiliates is entitled to elect a majority of the members of the board of directors of
the homeowners' association responsible for the operation of the Property or any portion thereof and (b)
sales contracts, leases and similar instruments encumbering, selling or transferring any interests in the
Property or any portion thereof so long as Declarant or its affiliates is a party thereto:
..NAPLES MUNICIPAL AIRPORT. THE NAPLES MLNICIPAL
AIRPORT IS LOCATED LESS THAN EIGHT HTINDRED FIFTY
FIVE (85s) FEET FROM THE IPROPERTY]IPREMTSES], rN CLOSE
PROXTMTTY TFmRETO. IPURCHASER][OWNERS][TENANT]
CAN EXPECT ALL OF THE USUAL AND COMMON NOISES AND
DISTURBANCES CREATED BY, AND INCIDENT TO, TI{E
OPERATION OF AN AIRPORT.''
Declarant further covenants and agrees that Declarant shall require each parly who
acquires from Declarant or its affiliates any interests in the Properly or any portion thereof to execute a
separate written acknowledgment containing a disclosure substantially similar to the disclosure referenced
hereinabove.
6. Running with Propert-v. All of the Avigation Easements, covenants, equitable servitudes,
restrictions and requirements set forth in this Declaration shall be perpetual and burden Declarant,
Declarant's successors, successors-in-title and assigns and any subsequent owners of all or part of any
interest in the Properry. This Declaration shall attach to and run with the Property and shall be forever
binding upon Declarant and all successors-in-title to all or any portion of the Property (including any and
all dwelling units, buildings, structures, trees, landscaping and improvements now and from timi to time
hereafter erected or to be installed thereon). All of the Avigation Easements, covenants, equitable
servitudes, restrictions and requirements set forth in this Declaration shall be enforceable by Graniee and
its successors and assigns against Declarant and any future owners of the Property or any part thereof or
interesttherein, including, but not limited to, any purchaser, tenant, licensee, occupant or invitee of or on
the Property or any portion thereof.
Page 3 of6
17.E.g
Packet Pg. 2251 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
1. No Waiver. No waiver by Grantee at any time of any Avigation Easements, covenants,
equitable servitudes, restrictions and requirements set forth in this Declaration shall be deemed or taken as
a waiver at any time thereafter of the same or any other Avigation Easements, covenants, equitable
servitudes, restrictions and requirements or of the strict and prompt performance thereof. No waiver shall
be valid against Grantee unless reduced to writing and executed by Grantee.
8. Default and Remedies. If Declarant or any future owners of the Property or any part
thereof or interest therein fail to comply with or violate any of the Avigation Easements, covenants,
equitable servitudes, restrictions and requirements set forth in this Declaration, then Grantee shall be
entitled to exercise any and all rights or remedies available atlaw or in equity or under the express terms
of this Declaration, including injunctive relief as provided herein. All rights and remedies of Grantee
shall be cumulative and not exclusive of one another. The exercise of any one or more rights and
remedies shall not constitute a waiver or election with respect to any other available rights and remedies.
No delay or omission to exercise any rights and remedies accruing upon any failure to comply with or
violation of any of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration shall impair those rights and remedies or shall be construed to
be waiver thereof, but any such rights and remedies may be exercised from time to time and as often as
may be deemed necessary.
9. Injunctive Relief. Declarant and any and all future owners of the Properly or any part
thereof or interest therein acknowledge and agree that damages as a result of a failure to comply with or
violation of any of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration are not readily ascertainable, that money damages or other legal
relief will not adequately compensate Grantee for any such failure or violation, and, in addition to any
entitlement to monetary damages, that Grantee is entitled to injunctive relief compelling the specific
performance of all of the Avigation Easements, covenants, equitable servitudes, restrictions and
requirements set forth in this Declaration. Declarant and any and all future owners of the Properry or any
part thereof or interest therein further acknowledge and agree that failure to comply with or violation of
any of the Avigation Easements, covenants, equitable servitudes, restrictions and requirements set forth in
this Declaration would constitute ineparable harm to Grantee, and Declarant and any and all future
owners of the Property or any part thereof or interest therein hereby waive any defenses to the grant of a
temporary injunction or restraining order related to any such failure or violation based on the adequacy of
legal remedies.
10. Recording and Modification. Declarant shall, at its sole cost, record this Declaration in
the Public Records of Collier County, Florida. This Declaration may only be modified, amended,
released or terminated by a written instrument executed by Grantee and Declarant or Declarant's
successors, successors-in-title and assigns to the fee simple title to the Properly or any portion thereof,
and recorded in the Public Records of Collier County, Florida.
1 1. Miscellaneous. This Declaration and all rights hereunder shall be governed by the laws
of the State of Florida and applicable Federal laws and regulations and shall be binding upon Declarant
and its successors, successors-in-title and assigns, and shall inure to the benefit of Grantee and its
successors and assigns. If more than one pafl1i executes this Declaration as Declarant, the liability of all
such parties hereunder shall bejoint and several. In the event any one or more ofthe provisions contained
in this Declaration shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions of this Declaration, and this
Declaration shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein. This Declaration may be executed in counterparts by manuaisignature or authenticated
by any electronic signature or other method effective under applicable law, each of which shall be
deemed an original and all of which together will constitute one and the same instrument. A photographic
or other reproduction of this Declaration may be made by Grantee, and any such reproduction rnuil U"
Page 4 of6
17.E.g
Packet Pg. 2252 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
admissible in evidence with the same effbct as the original itself in any judicial or administrative
proceeding, whether or not the original is in existence.
IN WITNESS WHEREOF, Declarant and Grantee have made, executed and delivered this
Declaration as of the Effective Date.
DECLARANT:
Witness #l Name:
ELAH HOLDINGS LLC,
a Florida Iimited liability company
By
Witness #2 Name:
STATE OF FLORIDA
COUNTY OF COLLIER
Erik Mogelvang, Manager
)
) ss.:
The foregoing instrument was acknowledged before me, by means of physical presence. this
day of 20-, by Erik Mogelvang, as Manager of ELAII HOLDINGS LLC, a
Florida limited liability company, on behalf of the limited liability company, who E is personally known
to me or E has produced as identification.
Notary Public
Name of Notary (typed, printed or stamped)
[Place Notary Seal and/or Stamp Above] My Commission Expires:
[Remainder of this page intentionally left blank- see next pagefor Grantee's signatureJ
Page 5 of6
17.E.g
Packet Pg. 2253 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Witness #1 Name:
GRANTEE:
CITY OF NAPLES AIRPORT AUTHORITY.
a political subdivision of the State of Florida
By:
Witness #2 Name:Printed Name:
Printed Title: Chair
STATE OF FLORIDA
COTINTY OF COLLIER
The foregoing instrument was acknowledged before me, by means of physical presence. this
day of , 20-, by _, as Chair of the CITY OF NAPLES
AIRPORT AUTHORITY, a political subdivision of the State of Florida, on behalf of the political
subdivision, who D is personally known to me or D has produced
identification.
AS
Notary Public
Name of Notary (typed, printed or stamped)
[Place Notary Seal and/or Stamp Above] My Commission Expires:
)
)SS.:
Page 6 of6
17.E.g
Packet Pg. 2254 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Exhibit A
Parcel Identilication Number: 003E6760404
A certsin lot or parcel of land located in Section 2, Tourshp50 South, Range 25 East, Collier
County, Florida, further bounded and deccribed as followi: Co4imencing at the center of said
Section 2, Township 50 South, Range 25 East, Collicr Countyr-florida; thence along the North and
South % line of said Section 2, S 0 degrees 26'20" E 30.00 feet toJbe Southerly rlght-of-way line of
North Road and a concrete monument for a Place of Beginning; fhencg along said right-of-way N 89
degrees 38' 10' E 664.90 feet, to the East line of the lYest % of Lot-2J, Nlphs Grove and Truck
Company's Little Farms Number 2, as recorded in Plat Book l, Palgep7, ofthe Public Records of
Collier County, Florida; thence along said East line and its extensioo S 0 _{rtrees 32'l5n E 641.80 feet
to I concr€te monument; thence continuing S 0 degrees 32'15'E 20 feetfror€ or less to the
Approdmate Mean High Water line of Roik Creek; thence meanderingdongpiid Approxlmate
Mean High lffater line Southwesterly,lilesterly, Northwesterly and Southeasiertyto the North and
South %llne of said Section 2; thence along said North and South % line N 0 degr.e,cs-26'20" W 184.00
more or less to a concrete monurnent; theuce contlnulng N 0 degrees 26'20n W645.56 feet to the
Place of Beginning. Lying in thc West % of Lot 2l , the \ilest % of Lot 2?, and that part of the rilest %
of Lot 23 lylng North of Rock Creek of said Naples Grove and Truck Company's Little Farms No.2.
A/WA 2250 North Road, Naples FL 34104
/?\r'.)
15522488.12
17.E.g
Packet Pg. 2255 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
Legend
Restrictive Height Covenant
Notifications
Avigation Easement
NAPLES MUNICIPAL AIRPORTAVIGATION EASEMENTS, NOTIFICATIONS ANDRESTRICTIVE HEIGHT COVENANTS")GOODLETTE ROAD")GOLDEN GATE PARKWAY
")AIRPORT-PULLING ROAD")
DAV
I
S
B
L
V
D
Date: 2/21/2023
17.E.g
Packet Pg. 2256 Attachment: Attachment F - Correspondence from Naples Airport Authority (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))
17.E.h
Packet Pg. 2257 Attachment: legal ad - agenda ID 26488 (26488 : PL20220001779 - Rock Creek Estates RPUD (PUDZ))