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HEX Agenda 10/09/2025COLLIER COUNTY Hearing Examiner AGENDA Hearing Examiner Conference Room 609/610 Growth Management Community Development 2800 Horseshoe Drive North Naples, FL 34104 October 9, 2025 1:00 PM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.PadrongCollierCou�FL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing 3.A. PETITION NO. VA-PL20240013775 — Dawn Brown requests the following variances from the Collier County Land Development Code for (1) a variance from Section 5.03.03.D.1, to reduce the minimum lot area for guesthouses from 43,560 square feet to 13,576 square feet; (2) a variance from Section 5.03.03.D.2, to reduce the minimum lot width for guesthouses from 105 feet to 100 feet; (3) a variance from Section 5.03.03.D.4, to reduce the building to building setback for detached guest houses from 20 feet to 14.87 feet; and (4) a variance from Section 4.02.01.A, Table 2.1, to reduce the rear setback from 25 feet to 16 feet; located on a 0.31 +/- acre property at 1201 Ridge St., in Section 22, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, AICP, Planner III] Commisioner District 4 (2025-2776) 3.B. Petition No. PDI-PL20250004433 - Request for an insubstantial change to the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development (PUD), Ordinance Page 1 of 263 Number 01-10, as amended, to modify the Master Plan to add an additional access point to the Abercia South development on the south side of Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 3 (2025-3699) 3.C. PETITION NO. VA-PL20250002073 — Request for a variance from Land Development Code (LDC) Section 4.05.04, Table 17 — Parking Space Requirements, for a horse boarding stable, from one space per every two stalls to zero; and for the on-site/off-site sale of farmed eggs from one space to zero; for the benefit of a property located in the Estate (E) Zoning District at 4840 Teak Wood Drive to allow horse boarding, subject to the limitation of 7 horses in the Estates zoning district on 3.55 acres; on-site/off-site sale of farmed eggs, subject to the limitation of 25 total fowl or poultry in the Estates zoning district, to allow for Applicant's Home -Based Business. The property is further described as the West 180 feet of Tract 115, Golden Gate Estates, Unit No. 95, according to the plat thereof recorded in Plat Book 9, Page 45 of the Public Records of Collier County, Florida, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 3 (2025-3710) 3.1). THIS ITEM WILL BE HEARD AT A FUTURE DATE- PETITION NO. VA- PL20250003358 - Request for a proposed 9.6-foot variance from the required front yard setback of 25 feet as provided for in the Audubon Country Club Planned Unit Development (PUD) Zoning District, Ordinance 91-53 as amended. The request is to allow a garage addition with a setback of 15.4 feet from the front property line located 569 Portsmouth Court in Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Laura Dejohn , Planner III] Commissioner District 2. (2025-3619) 4. New Business 5. Old Business 6. Public Comments 7. Adjourn Page 2 of 263 10/9/2025 Item # 3.A ID# 2025-2776 PETITION NO. VA-PL20240013775 — Dawn Brown requests the following variances from the Collier County Land Development Code for (1) a variance from Section 5.03.03.D.1, to reduce the minimum lot area for guesthouses from 43,560 square feet to 13,576 square feet; (2) a variance from Section 5.03.03.D.2, to reduce the minimum lot width for guesthouses from 105 feet to 100 feet; (3) a variance from Section 5.03.03.D.4, to reduce the building to building setback for detached guest houses from 20 feet to 14.87 feet; and (4) a variance from Section 4.02.01.A, Table 2.1, to reduce the rear setback from 25 feet to 16 feet; located on a 0.31 +/- acre property at 1201 Ridge St., in Section 22, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, AICP, Planner III] Commisioner District 4 ATTACHMENTS: Staff Report - 1201 Ridge St - Variance Attachment A - Plot Plan Markup, dated April 24, 2025 Attachment B - Letters of No Objection Attachment C - Backup Materials Attachment D - Hearing Advertising Sign Page 3 of 263 TO: FROM: HEARING DATE: SUBJECT: Collier County Planning & Zoning STAFF REPORT COLLIER COUNTY HEARING EXAMINER GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION OCTOBER 9, 2025 PETITION VA-PL20240013775 (1201 RIDGE ST) PROPERTY OWNER/AGENT: Owner: Agent: Dawn Brown Zachary W. Lombardo, Esq. 1201 Ridge Street Woodward, Pires & Lombardo, P.A. Naples, FL 34103 3200 Tamiami Trail N, Unit 200 Naples, FL 34103 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for the following variances from the Collier County Land Development Code for (1) a variance from Section 5.03.03.D.1, to reduce the minimum lot area for guesthouses from 43,560 square feet to 13,576 square feet; (2) a variance from Section 5.03.03.D.2, to reduce the minimum lot width for guesthouses from 105 feet to 100 feet; (3) a variance from Section 5.03.03.D.4, to reduce the building to building setback for detached guest houses from 20 feet to 14.87 feet; and (4) a variance from Section 4.02.0I .A, Table 2. 1, to reduce the rear setback from 25 feet to 16 feet. GEOGRAPHIC LOCATION: The subject property is located on a 0.31 +/- acre property at 1201 Ridge St., in Section 22, Township 49 South, Range 25 East, Collier County, Florida. (See location map on page 2). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a reduction of the minimum lot area, a reduction in lot width, a reduction of the building -to -building setback, and a reduction of the rear setback for a guesthouse within the Residential Single Family (RSF-4) zoning district. VA-PL20240013775 (1201 Ridge St) Revised: September 9, 2025 Page 1 of 6 Page 4 of 263 Ox er OR 'I1W5I?R y l Ohio DR E- t+ O is D Y Z Wise nsln Mob Paint CIR N PROJECT .. Hi h Poi t I}R a LOCATION = f Hi Paint CIR IF Rid ST i i -_ _ Z f Rasema 1 ov t V 11, mary CT Creech l4D �� Ra d_nnAV Z F-7 Z 29th AVEN A. a. IT+r hS Z 281h 1 VE Location Map 4.6 RMF-1 GROUP 5 i oin 4 86 88 90 92 94 96 98 84 86 90 94 9$ Ridge 5TF- SITE _ LOCATION 5 $7 89 93 95 97 99 5 87 891 93 95 97 99 Petition Number: PL20240013775 Zoning Map SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject property: North: High Point Circle South (local road), then multi -family residential zoned Residential Multi Family (RMF-16) zoning district East: Single-family residential, zoned Residential Single Family (RSF-4) zoning district VA-PL20240013775 (1201 Ridge St) Revised: September 9, 2025 Page 2 of 6 Page 5 of 263 South: Ridge Street (local road), then single-family residential, zoned Residential Single Family (RSF-4) zoning district. West: Single-family residential, zoned Residential Single Family (RSF-4) zoning district Collier County Property Appraiser GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Urban Residential Subdistrict on the County's Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual variance requests but deals with the larger issue of the actual use. As previously noted, the petitioner requests a reduction of the minimum lot area, a reduction in lot width, a reduction of the building -to -building setback, and a reduction of the rear setback for a guesthouse. The subject use is consistent with the FLUM of the GMP. The requested Variance does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: VA-PL20240013775 (1201 Ridge St) Revised: September 9, 2025 Page 3 of 6 Page 6 of 263 Per the Collier County Property Appraiser, the current single-family residence (2322 s.f.) received its certificate of occupancy on December 9, 1976, and its accessory garage (608 s.f.) was built in 1995. The current owner, Dawn Brown, purchased this property in 2007. On September 16, 2024, a demolition permit PRDM20240101807 was issued to demolish the garage and replace it with a new garage with an unfinished second floor via building permit PRGR20240412534. It should be noted that there is a pending code enforcement case (CESD20240007760) for site development. In December 2024, the property owner requested a pre -application meeting for variance encroachments to retain the ability to construct a two -car garage with a second -floor guesthouse for the owner's disabled daughter. Attaining the variances will assist in achieving this goal. It should be noted that the agent has submitted letters of no objection from adjacent property owners to the west and east (See Attachment B — Letters of no objection). Moreover, per the County Attorney's Office, a condition of approval shall be added to this variance stating, "The existing sheds shown on Plot Plan will be removed after the new garage receives a certificate of completion." The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A—H (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? There are no special conditions or circumstances that exist that are peculiar to the location, size, and characteristics of the land, structures, or building involved. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, the property owner was not made aware of the exact setback encroachments, reductions in lot area, and lot width to situate the garage and second -story guesthouse per LDC regulations for guesthouses until the December 2024 pre-app meeting with staff. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, the current code requires a property to have one acre, a minimum lot width of 105 ft, 20 ft setback from other structures, and a 25 ft rear setback to be allowed a guesthouse. Imposing a literal interpretation of the current code would create practical difficulty for the property owner to build the garage with a guesthouse and would not be possible. As such, the property owner is requesting these variances to effectuate the building of this proposed structure. d. Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? VA-PL20240013775 (1201 Ridge St) Revised: September 9, 2025 Page 4 of 6 Page 7 of 263 Yes, the Variance proposed would be the minimum variance to allow reasonable use, allowing for a new two -car garage with a second -story guesthouse using a similar setback layout to the prior garage. This new two -car garage with the second -story guesthouse will allow for functionality of the property and further allow the property owners to have their daughter live on the same property in the guesthouse. Approval of the Variance would not have a negative impact on the standards of health, safety, and welfare. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, by definition, a variance bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the variance process for any dimensional development standard, such as the requested reduced rear yard setback. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case -by -case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? This variance will not be detrimental to the public welfare. The agent has submitted letters of no objection from the adjacent neighbors to the west and east of the subject property for this variance, see Attachment B. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc. h. Will granting the Variance be consistent with the GMP? Approval of this variance will not affect or change the requirements of the Growth Management Plan. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA- PL20240013775, 1201 Ridge St for the following variances from the Collier County Land Development Code for (1) a variance from Section 5.03.03.D.1, to reduce the minimum lot area for guesthouses from 43,560 square feet to 13,576 square feet; (2) a variance from Section 5.03.03.D.2, to reduce the minimum lot width for guesthouses from 105 feet to 100 feet; (3) a variance from Section 5.03.03.D.4, to reduce the building to building setback for detached guest VA-PL20240013775 (1201 Ridge St) Revised: September 9, 2025 Page 5 of 6 Page 8 of 263 houses from 20 feet to 14.87 feet; and (4) a variance from Section 4.02.0LA, Table 2.1, to reduce the rear setback from 25 feet to 16 feet. Moreover, the staff recommends the following conditions of approval with this variance request: The existing sheds shown on the Plot Plan will be removed after the new garage receives a certificate of completion. Attachments: A) Plot Plan Markup, dated April 24, 2025 B) Letters of No Objection Q Backup Materials D) Hearing Advertising Sign VA-PL20240013775 (1201 Ridge St) Revised: September 9, 2025 Page 6 of 6 Page 9 of 263 co N O O N n ..." £Oi6£'Zi'S31ddN .LS 30QIN IOLI JZ)NgQIS3?I IVMON9 � 3 a g a 5 rr v a 1013� SNOISIA3X Uva 9VI (d) ,069f t M„Ofi',MOOS (W) ,06 9f'l M„ CO,OO.00S �4� Soso ;o� aw `z N (W) ,PR Sf l 3„0£,LO.00N T-1 (d) ,96 M 3„Of MOON r �o a ------------ I I m w I I I I I a s r I oi. I o o ^ I^ vw I O I ® o zW I I I ❑ 3 p�j O N WW t� o. x o I I -40 `+ �w 9LUL 1 V V UM(-�� '25/8/1 2025 Dawn Brown 1201 Ridge Street Naples, Florida 34103 RE: LETTER OF NO OBJECTION TO PL20240013775 Dear Ms. Brown, We, David Lake and Erin Lake, as owners of 1127 Ridge Street, have no objection to the variance requested in PL20240013775 for the property located at 1201 Ridge Street, Naples, Florida 34103. Sincerely, i 5 Printed Name:,�,,� l� Pri' ted Name: Page 11 of 263 N CI1 CD i 190 � �� , 2025 Dawn Brown 1201 Ridge Street Naples, Florida 34103 RE: LETTER OF NO OBJECTION TO PL20240013775 Dear Ms. Brown, We, Shane Duff and Christy Duff, as owners of 1209 Ridge Street, have no objection to the variance requested in PL20240013775 for the property located at 1201 Ridge Street, Naples, Florida 34103. Sincerely, Printed Name: "e vk Page 12 of 263 GUtY County PL20240013775 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientservices@colliercountyfl.gov www.colliercountyfl.gov Collier County Planning Commission Agenda Packet Checklist for PUDs to be submitted by Applicants and Agents Please provide the following documents to support your petition request: Materials provided by Planner: • Staff Report • Complete Draft Ordinance /Resolution initialed by County Attorney Materials to be provided by applicant: ❑� Application • Narrative of rezone request • Property Information • Property Ownership and general description of site ❑� Disclosure of Interest N/A Affidavit of Unified Control ❑� Affidavit of Representation N/A NIM Information (Sign -in sheet, notes, minutes and/or summary, audio or video recording) N/A Traffic Impact Study (TIS) F N/A Environmental Data N/A Historical/Archeological Survey or Waiver N/A Utility Letter N/A Deviation Justifications ❑� Boundary Survey N/A Amended PUD Ordinance (the last submitted Ordinance with strikethrough — color preferred) F F-7 Other documents (as needed, on a case -by -case basis) such as relevant prior ordinances, conditional uses, historical documents, any "private or legal" agreements affecting the PUD etc. Write details below. Aerial, Deed; Letters of no objection from n�i inne Ihbors; Affidavit of compliance letter 1 understand that by submitting the above materials, it is the agent/applicant's responsibility to ensure all materials are in the some order for all copies of backup materials to provide to the CCPC and the CD must contain the documents in one pdf file (not multiple files) in the some order as the pr' materials. It is the agent's responsibility to ensure no documentation is left out. 9/17/2025 Signature of Agent Re sen ative Date Zachary W. Lombardo, Esq. Printed Name of Signing Agent Representative 09/2022 Page 1 of 1 Page 13 of 263 Need Help? CD 1CT C 0141 ty Growth Management Community Development Department GMCD Public Portal Online Payment Guide E-Permitting Guides VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NAME: APPLICANT CONTACT INFORMATION Name of Property Owner(s): Dawn Brown Name of Applicant if different than owner: Address: 1201 Ridge Streetcity: Naples Telephone: 239-261-4800 cell: State: FL ZIP: 34103 Fax: E-Mail Address: dperniciarobrown a@yahoo.com Name of Agent: Zachary W. Lombardo, Esq. Firm: Woodward, Pires & Lombardo, P.A. Address: 3200 Tamiami Trail N Unit 200 City: Naples State: FL ZIP: 34103 Telephone: 239-649-6555 Cell: Fax: E-Mail Address: zlombard o a@wpl-legal.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Variance Application (VA) 3/27/24 Page 1 of 6 Planning and Zoning Division - 2800 North Horseshoe Drive - Naples, FL 34104 -239-252-2400 www.colliercountyfl.gov Page 14 of 263 PL20240013775 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 71021000005 Section/Township/Range: 22 / 49 j25 RosemaryHeights Addition Subdivision: 90 & 92 g Unit: Lot: Block: Metes & Bounds Description: Address/ General Location of Subject Property: Total Acreage: 0.31 1201 Ridge Street, Naples, FL 34103 ADJACENT ZONING AND LAND USE Zoning Land Use N RMF-16 Residential Multi -Family S RSF4 Residential Single -Family E RSF4 Residential Single -Family W RSF4 Residential Single -Family Minimum Yard Requirements for Subject Property: Front: 25 f.t. Corner Lot: ❑ Yes ❑ No Side: 7.5 f.t. Waterfront Lot: ❑ Yes No Rear: 25 f.t. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Variance Application (VA) 3/27/24 Page 2 of 6 Page 15 of 263 PL20240013775 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?parse=774. Name of Homeowner Association: High Point Country Club C/O RESORT MANAGEMENT-2685 HORSESHOE DR S SUITE# 215 N a p I es F L 34104 Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: City• State: ZIP: City: State: ZIP: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Variance Application (VA) 3/27/24 Page 3 of 6 Page 16 of 263 PL20240013775 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes 0 No If yes, please provide copies. Variance Application (VA) 3/27/24 Page 4 of 6 Page 17 of 263 PL20240013775 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ED Pre -Application Meeting Notes Project Narrative Completed Addressins Checklist Property Ownership Disclosure Form Conceptual Site Plan 24" x 36" and one 8'/z " x 11" copy ❑ ❑ Survey of property showing the encroachment measure in eet Affidavit of Authorization, signed and notarized Deeds/Legal(s) Li Location map LJ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial ❑ ❑ Historical Survey or waiver request, if applicable Environmental Data Requirements or exemption justification Once the first set of review comments are posted, provide the assigned planner with draft Agent Letter and address of property owners ❑ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Variance Application (VA) 3/27/24 Page 5 of 6 Page 18 of 263 PL20240013775 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Johnson ❑ Parks and Recreation Director: Olema Edwards ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart ❑ Other: ❑ FEE REQUIREMENTS ❑ Pre -Application Meeting: $500.00 ❑ Variance Petition: o Residential- $2,000.00 o Non -Residential- $5,000.00 o S" and Subsequent Review- 20% of original fee ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 ❑ After The Fact Zoning/Land Use Petitions: 2x the normal petition fee ❑ Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Community Development Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Zachary W. Lombardo, Esq. Printed Name 06/03/2025 Date Variance Application (VA) 3/27/24 Page 6 of 6 Page 19 of 263 PL20240013775 Variance Requested and Nature of Petition for the Site at 1201 Ridge Street I. Introduction: 1201 RIDGE ST, the "Subject Property", is located within the RSF-4 zoning district, the Urban Residential Subdistrict of the Urban Mixed -Use District of the Collier County Growth Management Plan and comprises roughly 13,576.00 square feet. II. Variances requested: The Applicant seeks a variance from: 1. Section 5.03.03.D.1, LDC: minimum lot area for guesthouses from 43,560.00 square feet to 13,576.00 square feet; 2. Section 5.03.03.D.2, LDC: minimum lot width for guesthouses from 105.00 feet to 100.00 feet; 3. Section 5.03.03.D.4, LDC: building -to -building setback for detached guest houses from 20.00 feet to 14.87 feet; and 4. Section 4.02.01.A Table 2.1: rear setback of 25.00 feet to 16.00 feet. III. Nature of Petition: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The lot was platted in 1947. The lot size was therefore set in 1947. Additionally, the property was previously zoned multi -family along with many of the other properties on Ridge Street and Rosemary Street. b. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes. All the above -described conditions did not result from the action of the Applicant and the conditions are pre-existing conditions. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant? A literal interpretation of the provisions of the Collier County LDC has created Page 1 of 3 Page 20 of 263 PL20240013775 unnecessary and undue hardships on the Applicant and will create practical difficulties for the Applicant. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare? The variances, if granted, would be the minimum variance that will make possible the reasonable use of the land because it allows the guesthouse, but, does not allow the guesthouse to be larger than what is otherwise allowed under section 5.03.03, LDC. Indeed, the proposed air-conditioned, enclosed living area of the guesthouse is roughly 578.00 square feet, which is only 25% of the size of the home (roughly 326.00 square feet smaller than what section 5.03.03, LDC allows). Additionally, the variances are compliant with Florida Building Code, Residential, R302.1, which is to say fire safety is not being compromised. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Granting the variances will not result in conferring any special privilege on the Applicant. Indeed, the result for the Applicant will be a structure that is more restricted in its use than what is present in the surrounding area. This is because many of the properties on Ridge Street have multiple structures and in some cases these structures have been determined to be not merely guesthouses, but additional dwelling units. The significance of that determination is that those units, unlike guesthouses, can be commercially rented out. In earlier versions of the Collier County zoning ordinances, Ridge Street and Rosemary Lane were zoned multi -family, as a result, multiple use lots remain. The following 7 lots on Ridge Street and Rosemary Lane have multiple residential structures: 1006 Ridge Street, 1317 Ridge Street, 1221 Ridge Street, 1236 Rosemary Lane, 1224 Rosemary Lane, 1208 Rosemary Lane, and 928 Rosemary Lane. f. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Granting the variances will be in harmony with the intent and purpose of the Collier County LDC and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. As stated, Ridge Street and Rosemary Lane have a heightened level of multi -family units due to being formerly zoned multi- family. Page 2 of 3 Page 21 of 263 PL20240013775 g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc.? No, there are no natural conditions or physically induced conditions that ameliorate the goals and objective of the regulation such as natural preserves, lakes, or golf courses. h. Will granting the variance be consistent with the growth management plan? Yes, the Urban Residential Subdistrict states as follows: "The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code." The proposed guesthouse, if considered an additional dwelling unit, would not be above or even close to the 16 dwelling units per acre maximum. Note, this observation is provided for comparison and that per the language of the GMP, the density rating system does not apply to guesthouses. Adding a guesthouse is further consistent because this subdistrict has fewer natural resource constraints and is where existing and planned public facilities are concentrated. Further, this application is consistent with Policy 1.2 of the Private Property Rights Element which states: Collier County will support the right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances. Here variances are provided for under the LDC and these variances support the rights of the Applicant without creating any health, safety, or welfare issues. Page 3 of 3 Page 22 of 263 CAY county .0000110� Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: a C. Name and Address I % of Ownership Dawn Brown / 1201 Ridge St, Naples, FL 34103 1 100% If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage or stocK ownea uy eacn: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership 01/2023 Page 1 of 3 Page 23 of 263 r. e f 9. Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the ;eneral and/or limited partners: Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the C �1I Il.CIb, JIU1.R11U1UC1b, UCIIC11Ud11Cb, UI PdIU1CIJ. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of Date subject property acquired ❑ Leased: Term of lease , or trust: Name and Address years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 24 of 263 CAr County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. i understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov /s/ Zachar^. Lom*/1 06/03/2025 Agent/Owrfer Sigpafure V I Date Zachary W. Lombardo, Esq. Agent/Owner Name (please print) 01/2023 Page 3 of 3 Page 25 of 263 "5/1/30 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240013775 1 Dawn Brown (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Zachary W. Lombardo, Esq. and the law firm of Woodward, Pires & Lombardo, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. r- Signature STATE OF FLORIDA COUNTY OF COLLIER `god'I-51r - Date Thief egoin instrument was acknowleged before me by means of _ physical presence or O online notarization this ,.V of , 20 25 , by (printed name of owner or qualifier) Dawn Brown Such p son(s) Notary Public must check applicable box: Are personally known to me M Has produced a current drivers license Has produced as identification. Notary Signature: `XY ANA MARIA ORTEGA Not4iry2p b0dc State of Florida . ' Commission M HH 352434 ort,° My Comm. Expires Jan 23, 2027 Bonded through National Notary Assn, CP\08-COA-00115\155 REV 3/4/2020 Page 26 of 263 5!s - .I;Am p Ny iA i.3. nN �i' C AoallaEgg .� o<2 8�M 2Eo a �8 aim a a ti�N �� h o=� s3i oa �� U I -n -0 N fl Ln LL 4 N NLn Q 0)La rt O rt -0 3 O o N C O N N O V N � N N 1018, ¢-------------- LDi B2 ap J L� ---------------- I I I� %� $ 5; 1__ g � pp aPI 148 'Rd -------------- �g 'Zia I` T --------- a� ee cor ssforbig I5a yn atl N do - car IM ----------- L01 IT8 a®•®�(rmP :ago®o•®o►� m aa Im 3 � £ ------------------------------------------------ m j I NA NWW • I N=7'JO E 1J 84' (N)IN ,,, I yy zz !q 2 AA A gg N � w a• �� --------------- :eel j ; I 500'000.J 1 .90' jN) SWOJ'JOIY 111590' (P) `�3 I I '" I I IV kj I I ' -----------------------------------------------1 � � I p � �Z n m s This map preporetl by. OANO S. OAOOS7INO. PSN 2M7, . " DAGOSTINO GEOSPATTAL, INC. DAM BBBNN Q MIGff K Nn AlIMtl83�MMXOtB N% illf ° NOT iMINOur �A nnpo n3Nc ai/I/le/z, p�YO„e Ioseftdes o iSSuury �&MapWS •. LIlEN4l1 SIN1fYQN NIO YMVpi N/U9/tOp Huc �iAj 34{g5 Wee1' e: vx.. Page 27 of 263 m ro N O 00 N N 0) (6 d a a� a O a 0 `m a� .Q E `o a m N N N a X N w N (0 (0 3 O c c 0 E 0 c io a 0 a c m 0 m � c 0 .O- W 0 N N O p_ Ey N C C =p O 26 a= p N y C E ro E= 0 @ 0 N a N N a a Q T r N a 0 a` T C 0 O U `m .o U m d t a� w a a Q 0 a O a` 0 0 U d 0 U v 0 0 N INSTR 4869647 OR 4947 PG 2459 RECORDED 7/24/2013 10:13 AM PAGES DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 This instrument prepared without examination of title by: M.Francesca Passed,Esq. SALVATORI, WOOD and BUCKEL, PL 9132 Strada Place, Fourth Floor Naples, Florida 34108 Phone: (239) 5520e' " Consideration: $.70 SPECIAL WARRANTY DEED This Indenture, made thi — day of July, 2013, between Robert K. Brown and Dawn Perniciaro Brown, husband a d m fe, whose address is 1201 Ridge St., Naples, FL 34103, GRANTOR, and Robert K. Brown a14-Dvn Perniciaro Brown, husband and wife, as tenants by the entirety, whose post office acicl'rejjji'191 Ridge St., Naples, FL 34103, GRANTEE. Witnesseth that said Grantor, for 1n'gonsideration of the sum of TEN DOLLARS, and other good and valuable consideration, to, said -Grantor in hand paid by said Grantee the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said Grantee and Grantees heirs and assigns forever, the foHowigg,, described land, situate, lying and being in Collier County, Florida. Lots 90 and 92, ROSEMARY HEIGHTS AID plat thereof, as recorded in Plat Book 1, P€ Collier County, Florida. Subject to restrictions, covenants, conditions, limitz easements of record; and real estate taxes for the year 20 portion of the property bearing Property Identification Numt ITION, according to the le 78, Public Records of And said Grantor does hereby fully warrant the title to same against the lawful claims of all persons claiming under Gra Prolaw: 799058 greements, reservations, and all subsequent years, being a 1000005. and will defend the Page 29 of 263 °°° on 49*7 pm 2460 °°° |nWitness Whereof, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence The foregoing instrument was 6ickq Robert K.Brown and Dawn PemiciamB6 produced MyCommission Expires: B y&� Robert K. Brown before me this day ofJuly, 2013. are personally known to me or who have m 01 .� .^� � � '25/8/1 2025 Dawn Brown 1201 Ridge Street Naples, Florida 34103 RE: LETTER OF NO OBJECTION TO PL20240013775 Dear Ms. Brown, We, David Lake and Erin Lake, as owners of 1127 Ridge Street, have no objection to the variance requested in PL20240013775 for the property located at 1201 Ridge Street, Naples, Florida 34103. Sincerely, i 5 Printed Name:,�,,� l� Pri' ted Name: Page 31 of 263 N CI1 CD i 190 � �� , 2025 Dawn Brown 1201 Ridge Street Naples, Florida 34103 RE: LETTER OF NO OBJECTION TO PL20240013775 Dear Ms. Brown, We, Shane Duff and Christy Duff, as owners of 1209 Ridge Street, have no objection to the variance requested in PL20240013775 for the property located at 1201 Ridge Street, Naples, Florida 34103. Sincerely, Printed Name: "e vk Page 32 of 263 AFFIDAVIT OF COMPLIANCE PL20240013775 I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes af'this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities is.ho have made a formal request of the county to be notified, The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. State of Florida County of Collier It4.- Tile foregoing Affidavit of compliance was acknowledged before me this day of 2025 by ZACHARY W. LOMBARDO. who is personal known to me or wh❑ has produced nature of Notary Public) c f 4 � [��C- 01or/1 f nted Name of Notary as identification. • y3 , o...p,RY pU� :. 45 MY COMMISSION EXPIRES 3-14-2029 DIV Page 33 of 263 WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW EST.1971 August 4, 2025 MARK ]. WOODWARD Hoard Certified! Real Caa[e Law By ma�1 and In Candwninlilln & Planned LlevelopmentLaw RE: PL20240013775 ANTHONY P. PIRES, JR. Roard c:crlihed; Lity. rounty. and Local Government Law Dear Property Owner: ]. CHRISTOPHER LOMBAR D❑ This firm represents Dawn Brown, the Applicant, regarding application ANTHONY J.DIMORA bunsedinF],andfiH number PL20240013775. You are receiving this letter because, as part of the application process, Collier County requires that notice be provided to LENQRET.BRAKEFIBLD all property owners within 150 feet of the Subject Property (defined below). KENNETH V. MUNDY ZACHARY W. LOMBARD❑ Please accept this letter as notice that the Applicant has made a formal fjoa-d L'ortllied: Qtv. Cutinrv, application to Collier County for a variance from the requirements of andI.nralGover"Inenl].a" Sections 5.03,03.D.1, 5.03.03.D.2, 5.03.03.D.4, and 4.02.01.A Table 2.1 of the Collier County Land Development Code ("LDC"), as they apply to the CRAIG R. WOODWARD following described property (the "Subject Property"): S�nlpr Counsel 1201 Ridge Street, Naples, Florida 34103 More specifically, the Applicant seeks a variance from: CAM6RQN G. WOODWARD ROSS E.SCHULMAN 1, Section 5.03.03.D.1 LDC: minimum lot area for guesthouses from I,frensed in FL and NI' 43,560.00 square feet to 13,576.00 square feet; F. SCOTT PAUZAR. III CHANDLER A.KANSY 2. Section 5.03.03.D.2, LDC: minimum lot width for guesthouses from 105.00 feet to 100.00 feet; RYAN G. WELKER 1.rconsed m FI. and ill 3. Section 5.03.03.D.4, LDC: building -to -building setback for detached guest houses from 20.00 feet to 14.87 feet; and REPLY TO- 4. Section 4.02.01.A Table 2.1: rear setback of 25.00 feet to 16.00 feet, 10 3200 TAM ]AM I TRAIL N_ SUITE Zoo This variance should not adverse) affect property ra interest. y affy p p y NAPLES, FL 34103 239-649-6555 239-649.7342FAX If you would like to request additional information or have any concerns 13 606 BALD EAGLE DRIVE and/or questions with regard to this variance application, please do not SUITE Sod hesitate to contact me b email at zlbdo I le al.com. y emaomarw p - g MARCO ISLAND, FL 34145 239.394-5161 239.642-6402 FAX Sincerely, WWW.WPL-LEGAL.COM J Zachary W. Lombardo, Esq. 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M M M M M M M M M M M M M M M M M M M M M M M M M M 0 0 0 O 0 0 O O O 0 0 0 0 0 0 (D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0"" r-I r-I " " " r-I r-I r-I LO LO LO m LO L) m LO m m LO LO Lo LO U') m m m LO m 0 m m LO LO m r, r, r, r, r, r� r, r� r, r, M O � N M M O rl- cM N J J LL LL � a U) U) Z:) =) U- U- LU w cD (D 0 0 r cm r1 ri CV N r-I r-i Q O Z > CC Z m > IV Z w w Z = H- Q Q Q G) r-1 O O O O O O O � N N r-I r-I N N O O r-I r-I Page 38 of 263 10/9/2025 Item # 3.13 ID# 2025-3699 Petition No. PDI-PL20250004433 - Request for an insubstantial change to the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development (PUD), Ordinance Number 01-10, as amended, to modify the Master Plan to add an additional access point to the Abercia South development on the south side of Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 3 ATTACHMENTS: Staff Report 09162025 Attachment A - Proposed Insubstantial PUD Revision Attachment B - GMP Consistency Review, PDI-PL20250004433 09032025 Attachment C - PUD Rezone Findings of Fact Attachment D - Ordinance 2023-31 Attachment E - HEX hearing Materials Page 39 of 263 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 9, 2025 SUBJECT: PDI-PL20250004433, COLLIER BOULEVARD MIXED -USE CENTER PUD — ABERCIA SOUTH PROPERTY OWNER/APPLICANT/AGENT: Owners: Magpond, LLC 7978 Cooper Creek Blvd. University Park, FL 34201 Applicant/Agent: Philip DiMaria, AICP, CNU-A Kimley-Horn and Associates, Inc. 1800 2nd St., #900 Sarasota, FL 34236 REQUESTED ACTION: Richman Naples Development Partners, LLC and Richman Naples Development Partners II, LLC 777 West Putnam Ave. Greenwich, CT 06830 The petitioner requests that the Hearing Examiner approve an insubstantial change to the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development (PUD), Ordinance Number 2001-10, as amended, to modify the Master Plan to add an additional access point to the Abercia South development on the south side of Magnolia Pond Drive. GEOGRAPHIC LOCATION: The subject property comprises 25.84 acres located in the northwest quadrant of I-75 and Collier Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (See the Location Map on page 3) PDI-PL20250004433 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 1 of 8 Page 40 of 263 PURPOSE/DESCRIPTION OF PROJECT: The Collier Boulevard Mixed -Use Commerce Center PUD comprises three properties (Property ID Nos.: 00298120608, 0029658004, and 00296520006), totaling approximately 70.2 acres. The latter two properties are allocated as residential tracts and are under separate ownership; the subject petition pertains solely to the commercial tract. The said properties were initially rezoned from Rural Agricultural to PUD pursuant to Ordinance 01-10. Allowed were a maximum of 433 dwelling units on 43.3 acres and a mix of 270,000 square feet of gross leasable area for retail and office uses on 25.3 acres, with 1.6 acres reserved for rights -of -way. In 2019, an insubstantial change to amend the Master Plan to reconfigure the preserve and the site design for the residential tracts to facilitate a proposed rental apartment project was approved by means of Hearing Examiner Decision — HEX No. 2019-36. The Master Plan was further revised in 2019 by a PMC, PL20190001945. There were two additional Amendments in 2023, Ordinance 2023-26 to increase building heights within the residential area and Ordinance 2023-31 to increase the number of dwelling units from 413 to 846. In 2024, Ordinance 2024-06 amended the PUD by increasing building heights for two buildings in the residential tract. The petitioner now desires to add a third access point to the commercial area of the PUD, within the Abercia South development, on the south side of Magnolia Pond Drive. (See Attachment A) Remainder of page intentionally left blank. PDI-PL20250004433 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 2 of 8 Page 41 of 263 00 N GATE COM RCE PARTS SMON •L j♦ I� COLLIER @U6. f MI)E0USE �w COMM. C14M. NOLIA POND U P C a r� s� I �6PU� U SAOaLEBROOK OLLAW M PUD t t iSlALLKi141UR ALLEY Location Map Zoning Map Petition Number: PL20250004433 PDI-PL20250004433 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 3 of 8 Page 42 of 263 SURROUNDING LAND USE AND ZONING (related to the subiect parcels) This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the Collier Boulevard Mixed Use Commerce Center PUD: North: Developed multi -family residential, with a current zoning of Golden Gate Commerce Park PUD (9.0 DU/AC), which is approved for residential, retail, office, and hotel East: Collier Boulevard, a six -lane arterial roadway, was then developed with warehousing and distribution facilities, with a zoning designation of City Gate Commerce Park MPUD, and approved for a mixture of uses, including commercial, industrial, office, hotel/motel, and Sports Complex. South: 1-75, a four -lane highway, and then developed with multi -family residential, with a current zoning designation of Saddlebrook Village PUD (12.96 DU/AC), which is approved for multi -family rental apartments. To the east of Saddlebrook Village PUD is developed with residential, with a current zoning designation of East Gateway MPUD (16.0 DU/AC), which is approved for a mixed -use development. To the east of East Gateway MPUD, is undeveloped vacant land, with a current zoning designation of I-75/Alligator Alley MPUD (10.4 DU/AC), which is approved for mixed -use development. West: Undeveloped land, with a current zoning designation of Magnolia Pond MPUD (4.9 DU/AC), which is approved for single and multi -family development and an assisted living facility Collier County GIS PDI-PL20250004433 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 4 of 8 Page 43 of 263 STAFF ANALYSIS: Comprehensive Planning: Since this application does not add uses or increase the intensity of previously approved uses in the Collier Boulevard Mixed Use Commerce Center PUD, it is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). See Attachment B for the complete report from Comprehensive Planning staff. Conservation and Coastal Management Element: Environmental review staff have found this project to be consistent with the Conservation & Coastal Management Element (CCME). Environmental Review: Environmental Planning staff have reviewed the petition and find that the additional access point has no impact upon the PUD preserve requirements that have been previously satisfied. Transportation Element: The Transportation Planning staff reviewed the application and found that this project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). The requested change is to add an additional access point on Magnolia Pond to the current Master Plan. There are no proposed changes to the commercial or residential development allowed by the PUD, and no additional transportation impacts due to this change, and the Transportation Planning Staff recommends approval. Landscape Review: Landscape staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. CONCURRENT LAND USE APPLICATIONS: SDP-PL20250001050 has been submitted and found to be sufficient for review pending the payment of required fees. The SDP is proposed for a 219,800 square foot commercial development, comprising a grocery store and retail shops. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1 Criteria: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? PDI-PL20250004433 Page 5 of 8 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 44 of 263 No, there is no proposed increase in the number of dwelling units, the intensity of land use, or the height of buildings within the development. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, the requests do not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No. The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No. The proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use PDI-PL20250004433 Page 6 of 8 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 45 of 263 Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. The Comprehensive Planning staff determined that the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Transportation planning staff reviewed this petition, and no changes to the PUD Document are proposed that would be deemed inconsistent with the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The project is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s)10.02.13 E.? Based upon the analysis provided above, the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? The staff report with the associated findings of fact are unavailable from the original PUD-00-16 file. It is essential to note that the rezoning criteria have remained unchanged since the original analysis conducted in 2000. Staff reanalyzed the PUD for petition PDI- 20180003363, staff have therefore analyzed this petition with the findings and criteria used in 2018 and conclude that there is no change to said analysis. See Attachment C for the analysis. DEVIATION DISCUSSION: No deviations are being requested as part of this application. NEIGHBORHOOD INFORMATION MEETING (NIM): A duly advertised NIM was held at 5:30 pm on July 9, 2025, at Spring Hill Suites by Marriott Naples, 3798 White Lake Boulevard, Naples, Florida. This meeting was also advertised as PDI-PL20250004433 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 7 of 8 Page 46 of 263 having a virtual attendance option via Zoom. No members of the public attended the meeting, and there was no remote participation; therefore, the NIM was terminated at 5:45 pm. Advertising information is contained within Attachment E, below. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition PDI-PL20250004433, to allow an insubstantial change to the Collier Boulevard Mixed -Use Commerce Center PUD Master Plan for a third access point on Magnolia Pond Drive as provided for within Attachment A. Attachments: Attachment A — Proposed Insubstantial PUD Revision Attachment B — GMP Consistency Review Attachment C — PUD Rezone Findings of Fact Attachment D — Ordinance 2023-31 Attachment E — Applicant's Backup — Application and Supporting Documents PDI-PL20250004433 Collier Boulevard Mixed -Use Commerce Center PUD September 16, 2025 Page 8 of 8 Page 47 of 263 Collier Boulevard Mixed -Use Commerce Center -20253 Planned Unit Development Approximately 70 Acres Section 34 Township 49 South, Range 26 East Collier County, Florida Prepared for: New Magpondl A LLC ETA 8441 7978 Cooper Creek Blvd University Park, FL 34201 Prepared by: Kimley-Horn and Associates 1 :777 Main Street Suite 200 1800 2nd Street, #900 Sarasota, FL 34236 Text added is underlined. text deleted is struck-th Collier Boulevard Mixed Use Commerce Center of-1-PA of 202I00nnn, 9pDI-PL2025000433 -Revised June 30— 4, 2025-3 Pagel of 25 Page 48 of 263 SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership Thn A1'tn PaPtS !'.,.,-,PaRy Rtl ewRs the subject p e-ty Unannlin Naples ApartmeRts LLG-and Richman Naples Development Partners 11, LLC and Richman Naples Development Partners, LLC own the Residential Tracts. \/ietnri-, Estater, 1 Tn and {ew Magpond, A LLC €T A' own the Commercial Mixed -Use Tracts. 2.2 Legal Description Section 34, Township 49 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit B. 2.3 General Description of Property The property is located in the northwest quadrant of Collier Boulevard and 1-75. 2.4 Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (1 4) Pineda Fine Sand, Limestone Substratum and (21) Boca Fine Sand. The property is located in Flood Zone X. The zoning classification prior to the date of this PUD was Agricultural (A). 2.5 Short Title This ordinance shall be known and cited as the "Collier Boulevard Mixed -Use Commerce Center Planned Unit Development Ordinance". Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PIJ9A-oi 2021C)nnn419PDI-PL2025000433 - Revised June 30-14, 2025-3 Page 5 of 25 Page 49 of 263 COLLIER BLVD. (140' R.O.W.) 11 ILBE 'E II Oa 4b'$3 iN3N3SV3 Jamul ONV 37VNM:a w % W I� In ' M Y uj I. x 1 0 N W 0 LL.I _UN Il. 1 1 Z< 0 xw 1) a > U W ac ¢ ;Z0,.0 u r 1 Z¢-WN �gN w Z��`— ---� LL ��Q'0 ' 1 Ioc I li W I II J W W ' J Q W U I z I Z U Q YLo g-L A C7 LL I c, d 0Z� z ��D / �, / Z Q x I Wn LU j W> N I l / Q old a`v I ��. 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The PDI is to update the PUD Master Plan to include an additional access point on Magnolia Pond Drive. LOCATION: The 70.2 �- acre site is located west of Collier Boulevard, south of Magnolia Pond Drive, Collier County, Florida. COMPREHENSIVE PLANNING COMMENTS: The Future Land Use Map (FLUM) depicts the site as located partially within the Interchange Activity Center Subdistrict #9 of the Urban Commercial District and partially within the Urban Residential Subdistrict of the Urban Mixed Use District. The Mixed Use Activity Center concept is designed to concentrate all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. FLUE Policy 4.7 Access Management Plan provisions have been developed for Mixed Use and Interchange Activity Centers designated on the Future Land Use Map and these provisions have been incorporated into the Collier County Land Development Code. The intent of the Access Management Plan provisions is defined by the following guidelines and principles: a) The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b) Spacing of access points shall meet, to the maximum extent possible, the standards set forth in the Collier County Access Control Policy (Resolution No. 01-247, adopted June 26, 2001). c) Access points and turning movements shall be located and designed to minimize interference with the operation of existing and planned interchanges and intersections. d) Developers of lots, parcels, and subdivisions shall be encouraged to dedicate cross -access easements, rights -of -way, and limited access easements, as necessary and appropriate, in order to ensure compliance with the above -mentioned standards (a. — c) Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercounVfl.gov/ Page 52 of 263 [Comprehensive Planning Staff defers to Transportation Planning Staff for review of FLUE Policy 4.7 concerning access points in an Interchange Activity Center.] FLUE Objective 7 and Relevant Policies: Due to the minor changes proposed (no changes in permitted uses, densities, or intensities) beyond the currently approved Collier Boulevard Mixed -Use Commercial Center MPUD, staff is of the opinion that a complete re-evaluation of FLUE Objective 7 policies is not necessary. Analysis of FLUE Policy 7.1 remains applicable: FLUE Policy 7.1 "The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. " [The amended Master Plan Exhibit `A' indicates there will be three connections from the property to a local roadway (Magnolia Pond Drive) one to the Residential Tract and two to the Commercial Tract. Although this property abuts Collier Blvd. (CR951) on the eastern edge — it is not possible to have a connection to Collier Blvd. at this location without violating intersection spacing requirements - due to its proximity to the signalized intersection at I-75 and at the signalized intersection of Magnolia Pond Drive.] CONCLUSION: Based on the above analysis, staff finds the subject petition consistent with the Future Land Use Element of the Growth Management Plan. CC: Ray Bellows, Planning Manager, Zoning Services James Sabo, Planning Manager, Comprehensive Planning Michael Sawyer, Project Manager II, Transportation Planning Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercounVfl.gov/ Page 53 of 263 FINDINGS OF FACT PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria 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 type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 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 were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report (or within an accompanying memorandum). 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. Staff is of the opinion that the proposed project will be compatible with the surrounding area. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of ensuring the adequacy of Page 54 of 263 available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time 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 of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as wastewater disposal systems and potable water supplies to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. No deviations are proposed in connection with this request to rezone from Agriculture "A" to Planned Unit Development (PUD). 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 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 the Surrounding Land Use and Zoning section of this staff report. 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 subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. Page 55 of 263 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 and coincide with the GMP subdistrict boundaries. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change 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. Staff is of the opinion that the amendment is consistent with the County's land use policies that are reflected by the FLUE of the GMP. Development in compliance with the amendment should not adversely impact living conditions in the area. 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 development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The PUD Document provides adequate property development regulations to ensure light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced in adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination Page 56 of 263 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. Properties to the south, east, and north of the subject property are developed, whereas the property immediately to the west is undeveloped. The basic premise underlying all of 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 as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards cannot be used in accordance with the existing classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed amendment is not out of scale with the needs of the neighborhood or County. 15. Whether is it 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, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site Page 57 of 263 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 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 will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no LOS will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this rezoning will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. Page 58 of 263 ORDINANCE NO.2023--11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2001-I0, THE COLLIER BOULEVARD MIXED USE COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD), TO INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS BY 413 FOR A TOTAL OF 846 DWELLING UNITS FOR THE PUD; BY CHANGING THE COMMERCIAL TRACT TO THE COMMERCIAL TRACT -MIXED USE TO ALLOW 413 MULTI -FAMILY DWELLING UNITS IN ADDITION TO THE ALLOWED COMMERCIAL USES; BY REVISING THE MASTER PLAN; AND REVISING DEVELOPMENT STANDARDS. THE SUBJECT PROPERTY IS LOCATED IN THE ACTIVITY CENTER #9 OVERLAY AND WITHIN SPECIAL TREATMENT WELLFIELD ZONE 4 (STIW-4), WEST OF COLLIER BOULEVARD AND SOUTH OF MAGNOLIA POND DRIVE; IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 70.00± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000419] WHEREAS, on March 13, 2001, the Board of County Commissioners approved Ord. No. 2001-10, which created the Collier Boulevard Mixed Use Commerce Center Planned Unit Development ("PUD"); and WHEREAS, on August 9, 2019, the Hearing Examiner by HEX No. 2019-36 approved a request to amend the Master Plan by reconfiguring the preserve and the site design for the residential tracts for property located in the northwest quadrant of I-75 and Collier Boulevard; WHEREAS, Philip DiMaria, AICP, CNU-A of Kimley-Horn and Associates, Inc. representing VICTORIA ESTATES, LTD; NEW MAGPOND A, LLC; NEW MAGPOND, LLC; NEW MAGPOND-A, LLC, NEW MAGPOND-B, LLC ET AL, and MAGNOLIA NAPLES APARTMENTS, LLC, petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 121-CPS-0215211798232111 169 Collier Boulevard Mixed Use1PL20210000419 1 of'-) 6-14-23 Page 59 of 263 SECTION ONE: Zoning Classification. The PUD Document attached to Ordinance No. 2001-10, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of U CLk-- , 2023• ATTEST: CRYSTAL K. KINZEL, CLERK J0By: Attest as to ChairmarrReputy Clerk signature only Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - PUD Document 121-CPSd12152/179823Z111 169 Collier Boulevard Mixed Use1PL20210000419 6- l 4-23 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I By: Rick LoCastro, Chairman This ordinance filrAd with t d C , etary at 5t',te's ❑ffi Q th _14 day of IjIML, and acknowledgement of ht filing received this a a of�- Br v.autv cwk 2 of 2 Page 60 of 263 Collier Boulevard Mixed -Use Commerce Center — 20230 A Planned Unit ❑evel❑ ment Approximateiv 70 Acres Section 34 Township 49 South Range 26 East Collier County, Florida Prepared for: Vi r a Lr�TR_CT AI New Magpond A LLC_ET AL 8441 Cooper Creek Blvd University Park, FL 34201 Prepared by: Kimle -Horn and Associates 1777 Main Street Suite 200 Sarasota, Ft 34236 HC) C 7 AC)NTES IN Nap;e5, FL 0 MFP ❑.ajerr_ 9997117E A40 * a■ Text added is underlined text deleted is struck-throu h Collier Boulevard Mixed Use Commerce Center PUUA-PL20210000419 - Revised June 14, 2023 Page 1 of 25 Page 61 of 263 Contents SECTIONI - Statement of Compliance.........................................................................................................3 SECTION 11 - Property Ownership, Legal Description, Short Title and Statement of Unified Control ........... 5 SECTION III - Statement of Intent and Project Description. ... .................................................................. 6 SECTION IV - General Development Regulations..........................................................................................7 SECTION V - Preserve Area Requirements...... ....................... 11- ....... " ............................ ........................... 12 SECTION VI - Permitted Uses and Dimensional Standards for ResidentialD^v,Tt District .............13 SECTION VII - Permitted Uses and Dimensional Standards for the Commercial Mixed Use district ................................................16 SECTIONVlll Development Commitments.............................................................................................. 21 EXHIBITS Exhibit A — Amended P4D Master Plan............................................................................................................ 27 ExhibitB — Legal Description............................................................................................................................... 29 ExhibitC — Legal Description for Lot 2................................................................................................................30 Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 2 of 25 Page 62 of 263 SECTION l - Statement of Compliance The development of 70.2 acres of property in Section 34, Township 495, Range 26E Collier County, Florida, as a Planned Unit Development to be known as the Collier Boulevard Mixed -Use Commerce Center PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential and commercial components of the project will be consistent with growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The property is a mixed -use Planned Unit ❑evelopment located within Activity Center #9 revised under the EAR based GMP Future Land Use Element Amendment. The proposed gross density of sixteen (16) tee (10) dwelling units per acre is consistent with the Future Land Use Element of the Collier County Growth Management Plan which allows up to sixteen (16) units per acre within Activity Centers. ^sedf9F rest eptial use Commercial uses are permitted within the Activity Center and, therefore, are also consistent with the Future Land Use Element. The project shall be Consistent with the adopted Activity Center ##9 Interchange Master Plan. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density and commercial uses as required in Objective 2 of the Future Land Use Element. 4. The proposed development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.46 of the Future Land Use Element - Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 6. The proposed development will result in an efficient and economical extension of community facilities and services as required in °clines 3 u= n4-3 _-•` • Oboes 2 of the Future Land Use Element. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1-.5 of the D FaiRage Stormwater Management Sub -Element of the Public Facilities Element. Text added is underlined text deleted is struck -throw h Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 3 of 25 Page 63 of 263 8. All final development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division �.Is Chapter 6 of the Land development Code Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 4 of 25 Page 64 of 263 SECTION II - Property Ownership, I_.egal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The Auto Vehicle Parts Company currently owns the subject property. Magnolia Naples Apartments LLC and Richman Naples Development Partners, LLC own the Residential Tracts. Victoria Estates LTD and New Ma and A LLC ET AL own the Commercial Mixed -Use Tracts. 2.2 Legal Description Section 34, Township 49 South, Range 26 East, Collier County, Florida, and, more particularly, described in F-�; 'Exhibtt B. 2.3 General Description of Property The property is located in the northwest quadrant of Collier Boulevard and 1-75. 2.4 Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (1 4) Pineda Fine Sand, Limestone Substratum and (21) Boca Fine Sand. The property is located in Flood Zone X. The zoning classification prior to the date of this PUD was Agricultural (A). 2.5 Short Title This ordinance shall he known and cited as the "Collier Boulevard Mixed -Use Commerce Center Planned Unit. Development Ordinance'' Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 5 of 25 Page 65 of 263 SECTION III - Statement of Intent and Project Description 3.1 Introduction It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2 2v 2,03.06 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project contains 70.2 acres and comprises a mix of two hundred and seventy thousand (270,000) Square feet of gross lea sea ble floor area for retail and office uses on 25.3 acres, and a maximum of 846 dwelling units fnrthP Ptin- The project afse proposes four hundred and thirty-three (433) dwelling units based on a gross density of ten (10) dwelling units on 43.3 acres proposed for residential use within areas labeled Residential on the PUD Master Plan (Exhibit A) amongst other uses set forth in the P U D document. And within areas designated Commercial Mixed Use by Exhibit A, approximately 25.3 acres, four hundred thirteen (4113) dwelling units are proposed,, based on a gross density of 16 units per acre in accordance with the Collier County Growth Management Plan. Access will be provided from an existing easement, which intersects with Collier Boulevard north of the subject property and also provides access to adjoining properties to the north and west of the subject property. The project's proximity to 1-75 and Collier Boulevard provides convenient access for both proposed commercial and residential uses. 3.3 Land Use Plan and Project Phasing A, Frianagement areas, and Fetained vegetation aFea and read Fights of way as depirsted en EA '"O* """. The P U D Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build -out of the project is approximately six (6) years from the time of issuance of the first building permit—,efm�. However, actual build -out will depend on market conditions. Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 6 of 2S Page 66 of 263 SECTION IV - General Deve#opment Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Collier Boulevard Mixed -Use Commerce Center shall be in accordance with the contents of this document, the PUD Planned Unit Development District, the adopted Activity Center #9 Interchange Master Plan (IMP) and other applicable sections and parts of the Collier County Land Development Code (LDC) and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Collier Boulevard Mixed -Use Commerce Center shall become part of the regulations that govern the manner in which this site may be developed, D. Development permitted by the approval of this petition will be subject to a concurrency review under the provislons of Ddyis 0 e n 3. 1S Chapter 6, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval, 4.3 Easements for Utilities Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 7 of 25 Page 67 of 263 Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be given a credit for open space and the retention of native vegetation. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7ce 10.02.13 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 Project Plan Approval Requirements Exhibit A " �4'-', the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the c..b.,Wi5ion Regbilati ns set feFth iR SeGtie . 2 of the LDC. Prior to the recording of the Final Subdivision Plat, when required by the Sulad'Y'SiGR Regulations set f,,th Section -3-.2 10.02.04 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 10.02.03 3-3-, Site Deyelepment 6lass shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section -34 10.02.03 shall be applicable to the development of all tracts as shown on the PUD Master Plan. - _ Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 8 of 25 Page 68 of 263 gamd ManageF f8F aPPFOYal. Said timetable shall OFIElude the IeRgth Of tifRe it Will take W EeF:Rpl 4.-76 gwns,. and IVIOROWFin . n ..,;�; ..,�PU❑ Monitor! . One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satis!ying all PUD commitments until close-out of the PUD. At the time of this CPU approval, the Managing Entity is New Magpond A LLC et al. 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 ❑ eve loper_seII off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owners 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. 4.87 Polling Places Polling places shall be provided in accordance with Section 2.01.04 3.' .44 of the Collier County Land Development Code. 4.98 Native Vegetation The project will meet the requirements of Section 3.05.00 niv! _ien 3.9"egetatiaH ReFnev'' PFoteEti a n and °reSe�•�R of the LDC for the subject property. Vegetated areas designed to preserve native vegetation may be provided for in the residential or commercial portion of the project and may be reconfigured at the time of Final Plat or Site Plan Approval based on preparation of more detailed plans. 4,199 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area, Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 4,02.01 of the LDC. Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 9 of 25 Page 69 of 263 4.1410 Archaeological Resources The developer shall be subject to the provisions of Section 2.03.07.E Section 2-.2.15�1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.4411 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.4312 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Section 5.05.08 Architecturai and Site Design Standards of the LDC, including the requirements of the adopted Activity Center #9 Interchange Master Plan. 4.4413 5ignage All signage shall be in accordance with the adopted Activity Center #9 Interchange Master Plan and Gf the Collier County Land Development Code, as applicable. However, two j2) Identification Signs are permitted along the Collier Boulevard road frontage to identify the residential component of the project. Each sign may be thirty-two (32) square feet in area or sixty-four (64) square feet combined. 4A414 Off Street Parking and Loading All off street parking and loading shall be in accordance with DiViSiBR 2.3 Section 4.OS.00 of the Collier County Land Development Code and the adopted Activity Center #9 Interchange Master Plan, as applicable. 4.461S Landscaping All landscaping shall be in accordance with the requirements ofDoYiSraig 2.4 Section 4.06.00 of the Collier County Land Development Code and the adopted Activity Center #9 Interchange Master Plan, 4.4416 Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federat agency or undertakes actions that result in a Text added is underlined text deleted Is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 10 of 25 Page 70 of 263 violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 11 of 25 Page 71 of 263 SECTION V - Preserve Area Requirements 5.1 PURPOSE The purpose of this Section is t❑ identify development standards for the Preserve Areas as shown on Exhibit "A", the previously adopted PUD Master Plan. 5.2 PERMITTED USES Clearing for permitted uses is allowed provided that a minimum of 15.12 acres of native vegetation is retained within the PUD. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole ❑r part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 5. Supplemental landscape planting, screening and buffering within the Preserve Areas, after the appropriate environmental review. 6. Any other use deemed comparable in nature by the Development Services Director. Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 12 of 25 Page 72 of 263 SICTIQN VI - Permitted Uses and Dimensional Standards for Residential I- eyelepmentDistrict 6.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed -Use Activity Center designated for residential development In the Residential District on the Amended PUD Master Plan, Exhibit "A". 6,2 Maximum Dwelling Units Four hundred and thirty-three (433) dwelling units are permitted within the CellieF sowleyffd Mixed Use r,,m.,geF6e GeRt ._ based on a gross density often (10) dwelling units per acre for 43,3 acres designated " R " on the PUD Master Plan. 6.3 General Description The Amended W49 Master Plan, Exhibit A designatesd the following uses for the general use designations on said Master Plan. TRACT ACRES PERCENTAGE 1, COMMERCIAL MIXED USE TRACTS 25.3 36% 2. RESIDENTIAL TRACTS* 43.3 61% 3. RIGHTS -OF -WAY 1.6** 3% TOTAL 70.2 100% * Includes water management and vegetation to be retained. **Commercial right-of-way only. The approximate acreage of residential areas in the R District is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Final Subdivision Plat approval in accordance with AF4'r,le 2, Divisian 3.9 Section 10.02.03, and Divisie;z2Section 10.02.04, respectively, of the Collier county Land Development Code. Residential areas are designed to accommodate internal roadways, ❑pen spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. 6.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 13 of 25 Page 73 of 263 1. Principal Uses: (a) Single Family Detached Dwellings (b) Zero -Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings (e) Multi -Family Dwellings, including Garden Apartments (f) Adult or Assisted Living Faciiities (g) Any etheF hausing type which is comparable in natwFe with the feregeing uses and whie Any other principal use which is comparable in nature with the forgoing fist of permitted principal uses, as determined by the hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities and clubhouse. 6.5 Development Standards Table 1: Development Standards For Residential Ass -District Permitted Uses and Standards Single -Family Detached Zero Lot Line Two Family & Duplex Single Family Attached and Townhouse Multi -Family Dwelling R Minimum Lot Areas 6,000 5.F. 3,500 S.F. 3,500 S.F. (1) 3,000 S.F. per du. 1 AC Minimum Lot Width(2) 60 35 35 30 150 Front Yard 25(5)(8) 15 15 20 25 51de Yard 3 7.5(8) 0 or 12(4) 0 or 6 0 or 12 0 or .6 BH Rear Yard Principal 20(8) 10 15 20 25 Rear Yard Accessory 10 5 5 10 10 Maximum Building Height 35 35 35 35 35/50 (9) Distance Between Structures N/A N/A N/A 10 Y2 5BH, but no less than 15 Floor Area Min. (5F) 1,200 1,200 1,200 1,000 600 Preserve setback 25/10(10) All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 14 of 25 Page 74 of 263 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained, Accessory uses such as pool enclosures may be attached to principal uses and may be set back five (5) feet from side or rear property lines. 4. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot side yard. S. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five {5) feet for the garage and fifteen (15) feet for the remaining structures Side entry garage setbacks may be reduced to twelve (12) feet. 6. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. Adult Living Facilities shall be developed in conformance with the requirements of Section 2.6:2 6 5.OS. 04 of the Collier County Land Development Code. Development standards for Adult Living Facilities shall be the same as provided for multi -family dwelling units in Table 1, The maximum number of Adult Living Facilities shall be two hundred fifty (250) units 8EFe of ALP use deyeleped aFi the subject prepeFty, tes (19) Fnb4i family dwelling units per , subject to the trip cap in 8.2.6. 8, See also Section 8.2.445 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. 9. 50' zoned height and 58' actual height applies to the 4.49± acre parcel described in Exhibit C, Legal Description for Lot 2. 10. 25' for principal structures and 15' for accessory structures applies to the 4.49± acre parcel described in Exhibit C, Legal Description for Lot 2. Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 15 of 25 Page 75 of 263 SECTION VI - Permitted Uses and Dimensional Standards for the Commercial 7.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Collier Boulevard Mixed -Use Commerce Center designed for commercial use and residential use in the Commercial Mixed Use District. 7.2 General Description No commercial use may be developed until the Activity Center #9 Interchange Master Plan (IMP) is adapted by the Collier County Board of Commissioners and the consistency of the proposed uses with said IMP established. The acreage of the tracts depicted on the PUD Master Plan is based on conceptual designs and is approximate. Actual acreages of all developed tracts will be provided at the time of Preliminary Subdivision Plat submittal in accordance with Diwi Section 10.02.04 of the Collier County LDC. All tracts are deigned to accommodate internal roadways, open spaces, water management facilities and other simitar uses, 7.3 Development Intensity A maximum of two hundred forty thousand (240,000) square feet of commercial retail gross leaseable floor area, and a maximum of thirty thousand (30,000) square feet of gross leaseable office floor area is permitted. A maximum of one hundred and fifty (150) hotel/motel units are also permitted. Hotel/motel units shall be permitted a maximum floor area ratio of .60. While the total amount of retail and office area averages ten thousand seven hundred fourteen (10,714) square feet of gross leaseable area per acre, this intensity may be exceeded on individual tracts provided the overall intensity is not exceeded for the project as a whole. Four hundred thirteen_(413) dwelling units are permitted based on a gross density of sixteen (16) dwelling units per acre on the 25.3 acres. 7.4 Configuration of Commercial/Mixed Use Area The land area allocated for commercial mixed use is 25.3 acres and is depicted on the P U D Master Plan. The boundary of the commercial area may be expanded to the southwest along 1-75, provided that the total area allocated for commercial use does not exceed 25.3 acres.' P,49 s e vgiiI whe 130HFidd~• of the ee Fn FA e Feia1 be permitted to extend beyond the hewRdaFy ef the ea-mmereial @pea tO the nOFth OR the GOIGIeR Gate r.,.,......,Ke Pak of D 7.5 Permitted Uses and Structures 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: Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 16 of 25 Page 76 of 263 1. Accounting, Auditing and Bookkeeping Services (Group 8721) 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993) 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531, 5541, 5571, 5599 new vehicles only) 5. Automotive Rental and Repair, and Services (Groups 7514, 7515, 7521, 7533-7549) 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261) 7. Business Services (Groups 7311-7352, 7371-7379, 7384) 8. Child Day Care Services (Group 8351) 9. Communications (Groups 4812-4841, except principal transmission towers) 10. Depository Institutions (Groups 6011-6099) 11. Drug Store and Proprietary Stores (Group 5912) 12. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the locationaI requirements of Section i. 6 � W 5.05.01) 13. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 14. Food Stores (Groups 5411-5499) 15. General Merchandise Stores (Groups 53115399) 16. Group Care Facilities (Category I and II); Care units except for homeless shelters and nursing home; subject to Section2.6.265.05.04 up to 250 units. 17. Hardware Stores (Group 5251) 18, Health Services (Groups 8011-8099) 19, Home Furniture, Furnishing and Equipment Stores (Groups 5712-5736) 20. Hotels and Motels (Group 7011) 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411) 22. Legal Services (Group 8111) 23. Libraries (Group 8231) 24. Management and Pubic Relations Services (Groups 8741-8743, 8748) 25. Membership Organizations (Groups 8611-8699) 26. Miscellaneous Personal Services (Groups 7211-7299 but not Turkish baths, tattoo parlors, steam baths and escort services) Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 17 of 25 Page 77 of 263 27. Miscellaneous Repair Services (Groups 5551, 5571-5599, 7622-7699). 28. Miscellaneous Retail (Groups 5912-5921, 5932 but not secondhand clothing stores or pawnshops, Groups 5941-5963, 5992-5999). 29. Motion Picture Theatres (Group 7832) 30. Motor Freight Transportation and Warehousing (Group 4225 mini and self storage warehousing only) 31. Museums and Art Galleries (Group 8412) 32. Non -depository Credit Institutions (Groups 6111-6163) 33. Paint, Glass and Wallpaper Stores (Group 5231) 34. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 35. Public Administration (Groups 9111-9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661) 36. Real Estate (Groups 6512, 6531-6541) 37. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261) 38. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211- 6289) 39, Veterinary Services {Groups 0742, 0752, excluding outside kenneling} 40. Video Tape Rental (Group 7841) 41, Vocationat Schools (Groups 82439299) 42. Multi -family dwellings. 43. Any other P rinci pal use which is com parable in nature with the for oi ng list of permitted principal uses as determined by the Hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC. 7.6 Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses such as signage, entrance features, and stormwater management facilities. 7.7 Dimensional Standards for ".......,i ted 61 ^` Commercial Uses 1. Minimum Lot Area: Ten thousand (10,000) square feet. 2. Minimum Lot Width: One hundred (100) feet. 3. Minimum Yard Requirements: Text added is underlined text deleted is -struck-through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 18 of 25 Page 78 of 263 a. Front Yard: Twenty-five (25) feet. b. Side Yard: Fifteen (15) feet or one-half of the building height. C. Rear Yard: Twenty-five (25) feet or one-half of the building height. d. Any Yard abutting a residential parcel: Twenty-five (25) feet. e, See also Section 8.2.12 Transportation requirements of this ordinance pertaining to I- 75 setback requirements. 4. Maximum Height: Fifty (50) feet. S. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. 6. Minimum Off -Street Parking and Off -Street Loading: As required in Section 2.3 Section 4.05.00, LDC, however shared parking between the primary retail facility and free standing uses shall be permitted throughout the site provided the total parking area shall meet or exceed minimum parking required for combined uses. Cross -easements for shared parking facilities are required for sharing parking facilities between uses. 7, Merchandise Storage and Display: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. 8. Landscaping shall be in accordance with Stio„ 24 Section 4.06.00 of the LDC and the adopted Interchange Master Plan. 9. Signs shall be as required by Divi5ieR 2-9 Section 5,06.00 of the LDC and the adopted Interchange Master Plan. 7.8 Special Use Consideration Boat Dealers Group 5551 are only permitted to display boats or similar merchandise in enclosed structures or to the rear of the principal structure behind a Type "B" Buffer as set forth in Section 4.06.02 GW44 . of the LDC, to provide screening and buffering to Collier Blvd. 7.9 Development Standards for Multi -family use Table 2: Development Standards for Multi -Family Use Permitted Uses and Standards Multi -Family Dwelling Minimum Lot Areas 1 AC Minimum Lot Width 1 150 Front Yard 25 51de Yard (21 0 or ,6 BH Rear Yard Principal 25 Rear Yard Accessory 10 Maximum BLAding Height 54 Text added is underlined text deleted is struck -throe h Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 19 of 25 Page 79 of 263 ❑istance Between Structures .5 BH Floor Area Min. 5F 600 All distances are in feet unless otherwise noted. BH = Building Height SBH = Sum of Building Heights 1. Minimum lot width rn ay be reduced by twent 20 ercent for cuI-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 2. Accessory uses such as pool enclosures may be attached to principal uses and may be set back five 5 feet from side or rear propertV,lines. 3. Building height small be the vertical distance from the first finished floor to the highest paint of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gable roofs. Accessory buildings shall be limited to twenty 20 feet above grade. 4. Group Care Facilities and Care Units including Adult Living Facilities shall be developed in conformance with the requirements of Section 5.05.04 of the Collier CountV Land DeveIo ment Code. Develo ment standards for Grou p Care Facilities and Care Units includin Adult Living Facilities ALF shall be the same as provided for multi -family dwelling units in Table 1. The maximum number of units shall be two hundred fifty 250 units subject to the Trip Cap provided in Section 8.2.6. 5. See also Section 8.2.5 Transportation Requirements of this Ordinance pertaining to 1-75 setback requirements. Text added is underlined text deleted is struck-throu h Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 24 of 25 Page 80 of 263 SECTION VIII - Development Commitments 8.1 Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 1. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive recreational use only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as Preservation Tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 2. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. 3. Native vegetation preservation shall conform to the requirements of Subsection 3.9�.3 3.05.07 of the Collier County LDC. For this site, a minimum of 15.12 acres of native vegetation shall be retained on site. 4. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Section Staff for review and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above -mentioned plan. 5. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Fish & Wildlife Conservation Commission (FFWCQ regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff for review and approval prior to Final Site PIan/Construction Approval. 6. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 8.2 Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 21 of 25 Page 81 of 263 -1. Within 30 days of the Count 's written request, Tth�e deyelopef owner shall make a fair share contribution towards the capital cost of traffic signals at the project entrance at Noah's Way and Magnolia Pond Drive when deemed warranted by the Transportation Services Director which is These signals will be owned, operated and maintained by Collier County. All Mr. rNMIRK 92. Access roads and pedestrian connections into the commercial area shall be open to the public in order to facilitate Shared access with commercially zoned lands to the north. 493. The PUD Master Plan depicts an area in the northeast comer of the property comprising ± .22 acres that will be dedicated to Collier County for drainage improvements and the widening of Collier Boulevard. in exchange for impact fee credits in accordance with Ordinance 2000-56. Completed OR 4413 PG 3871. 444. The deye 1ape F owner shall pay a fair share contribution toward the entire intersection improvements at Collier Boulevard and Magnolia Pond Drive. 125. 1 A Feriagn itie n of th e n e e d to P Favide f0f fWW Fe Fea d :Pests On Read Impact Fee District 2, FeE0Fd1Ag, tO be paid f49F the aFea ineluded in tl�e Plat, WhiEh Shall be deemed te satisfy the F The d+eleperowner shall reserve an area sixty (60) feet in width from where the existing limited access right-of-way for Interstate 75 intersects with Collier Boulevard (County Road 951) on the same side as developer's property and parallel to the right-of-way, for the entire length of the developer's property as it existed at the time the P U D for the development was approved, for the potential future reconfiguration of this quadrant of the Interstate interchange. The reservation area may be credited by developer toward required vegetation preservation. Buildings shall maintain a seventy-five (75) foot structural setback from the existing Interstate 75 right-of-way, however, parking and drainage improvements and similar accessory uses may be located up to the edge of the reservation area. Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 22 of 25 Page 82 of 263 At such time as the Florida Department of Transportation implements plans for the widening of Interstate 75 in its Three -Year Work Program, and should an area less than the sixty (60) foot reservation area be needed, the developer may reduce the structural setback from Interstate 75 to a lesser amount, subject to the maintenance requirements that may be in place at the time of such action and with the express approval of the Collier County Development Services and Transportation Divisions. However, a minimum of fifteen (15) feet shall be provided from the future Interstate 75 right-of-way. This mitigation is in addition to needed right-of-way provided for the widening of Collier Boulevard, the provision of drainage improvements for the same, and shared access and a fair share contribution to improvements to the intersection of Magnolia Pond ❑rive and Collier Boulevard to facilitate improved access throughout the general area. 6. Tri P Ca P. The maximum total da i IV tri P generatio n for the PU❑ shall not exceed 800 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip eneration rates in effect at the time of a PPIication for 5DP SDPA or subdivision plat a pproval. 83 Utility Requirements Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 23 of 25 Page 83 of 263 At the time of application for subdivision Plans and Plat PPL and/or Site Development -Plan SDP approval, as the case may be, 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 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. Off -Site Utilities Improvements: I. Water At first SDP the exi sti ng off -site water facilities of the Collier Co u ntV Water -Sewer District "District" must be evaluated by develo per for hydra u I i c ca pacit to serve this p ro'ect and reinforced as reg uired by develope r if necessary, consistent with the count 's Water Master Plan to ensure that the District's waters stem can hydraulically rovide a sufficient quantity of water to meet the anticipated demands of the proiect and the District's existing committed capacity. 2. SPwPr At first SDP the existi ng off -site sewage transmission facilities of the District must be evaluated for h draulic ca P acity by develo per to serve this proiect and im p roved by deve] o per as re Q uired outside the roiect's bo u ndary to p rovide a d eq uate ca pacitV to trans port the additional wastewater generated without adverse impact to the existing transmission facilities. 8.4 Engineering Requirements Detailed paving, grading, site drainage and utility plans shalt be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 2. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. 3. Subdivision of the site shall require platting in accordance with Section 3-210.02.04 of the LDC to define the right-of-way and tracts shown on the P U D Master Plan. 4. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plat, Site Development Plan and any other applications that will result in the issuance of a final development order. 8.S Water Management Requirements The purpose of this Section js to set forth the water management commitments of the project developer. Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 24 of 25 Page 84 of 263 1, design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear a abutting property lines, with side, rear or abutting property lines fenced. 2. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2-4� 3 4.06.02 of the LDC. 3. The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. 4. An existing thirty (30) foot drainage easement located along the western boundary of the project shall be increased to forty-five (45) feet to accommodate the existing canal and maintenance access and shown on the final plat. S. The proposed stormwater management system for the project shall provide for the six- lane condition of Collier Boulevard runoff. 6. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. 8.6 Miscellaneous Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the Part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other ap p Iicable state or federal permits must be obtained before commencement of the devel❑ pment. Text added is underlined text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 25 of 25 Page 85 of 263 is c x t < z �< h'14 N u772 <r O V, to � N 7 N iq� k4 N + N 0 Y. ❑ n d b V d l V I ii 1 5 n d N d 3 1 H 9 A 1 l 3 ZL _ _ _ _ _ _ _ _ _ v cc w ¢ • _----- Ilc I UOI1 dtlM•JCi-1'lnl}4 ISE (NON kmnO7 S�1SIK3 -- .Up1 r.VM•ia_li`JSb LEIW'Oa A'Aif107 N s ins II` i CI W (n J C 1�O.T` p-iN771 OIP11 � �� I L] F v IL as IYY•• 11 - Fa •• I Y Or:c d Q r � a a Ucr � r CL �� .-.am wr rr •�; Q � a YIDr .--^� �� — n a •y3. 1 x .,l [j M .S! 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"2 0- w 1 Ly S F� F - - -- - — —J -- --- __ - , - - - - - o 3 x>ggaw yui�r S� o�ao ioH6wmo~1a-z �uc�ir=w z¢ayxxw .� W p»ww n WiFm_O�z�~� mwwzQUzymoWw�TZO� lajwA 2aMj W o~a 2S v1a Sx A y � ri � � � = 2p` ❑ Fx- A F J � �y d x � i a % � IL Z4CHIyU�j J0Ja W Fcx ~2 f4�� ,��j.AF $O W w.2v W FNJ60w N{yl�J W W 0jy! Z a¢trEwa~zTwz15 �w»mpg 7awWW-u�r�i 3�momo�saa mx oa ■ M N O i` 00 N c0 d Exhibit B LEGAL DESCRIPTION THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER (NE 114) SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AN❑ THAT PORTION OF THE NORTHEAST QUARTER (NE 114) OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, NOT PREVIOUSLY CONVEYED OR CONDEMNED, COLLIER COUNTY FLORIDA; AND LESS THE REAL PROPERTY AS DESCIBED IN THE STIPULATED FINAL rUDGEMENT OF CONDEMNATION AS RECORDED AT O.R. BOOK 1018, PAGE 383, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND LESS THE EAST 100 FEET PREVIOUSLY CONVEYED TO THE STATE OF FLORIDA FOR ROAD RIGHT-OF-WAY BY SPECIAL WARRANTY ❑EED RECOREDED AT O.R. BOOK 13, PAGE 77, THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. W ;1199K1998 0521rl&PUD-9fi21 O.doc Pagc 20 of 20 Page 88 of 263 EXHIBIT C LEGAL DESCRIPTION OF LOT 2 The land referred to herein below is situated in the County of Collier, State of Florida, and described as follows: A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Southeast corner of the Northeast Quarter of Section 34, Township 49 South, Range 26 East, Collier County, Florida; thence run 5 88" 48' 27" W, along the South line of Northwest Quarter of said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right angles to the East line of the Northeast Quarter of said Section 34; thence run N 00° 29' 22" W parallel with the East line of the Northeast Quarter of said Section 34, for a distance of 1353.72 feet to a point on the Southerly right-of-way line of Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, as the same is described in O.R. Book 1018, at Pages 383 through 386, of the Public Records of Collier County, Florida; thence run S 87' 42' 45" W, along the Southerly right-of-way line of said Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, for a distance of 1779.28 feet to the Point of Beginning of the parcel of land herein described - The n ce leaving said right of way along the boundary of Lot 2, through the following 14 courses: 1] THENCE LEAVING SAID RIGHT OF WAY 5 01-40'35" E A DISTANCE OF 45.50 FEET; 2) THENCE N 89°11'13" E A DISTANCE OF 9.00 FEET; 3) THENCE 5 00-21-55" E A DISTANCE OF 93.00 FEET; 4) THENCE S 89-53'30" W A DISTANCE OF 54.45 FEET; 5) THENCE S 00°48'47" E A DISTANCE OF 61.00 FEET; 6) THENCE N 88-58'27" E A DISTANCE OF 88.77 FEET; 7) THENCE S 31°34'47" E A DISTANCE OF 7.02 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE EASTERLY WH05E RADIUS POINT BEARS S 49050'18" E AND HAVING A RADIUS OF 261.45 FEET; 8) THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64-27-24" AN ARC DISTANCE OF 294.13 FEET; 9) THENCE S 15°28'S7" E A DISTANCE OF 1.39 FEET; 10) THENCE S 02°09'41" W A DISTANCE OF 57.81 FEET; 11) THENCE N 88°52'55" W A DISTANCE OF 98.86 FEET; 12) THENCE 5 89°34'02" W A D15TANCE OF 277.04 FEET; 13) THENCE N 00°1817" W A DISTANCE OF 524.57 FEET TO AN INTERSECTION WITH THE AFORESAID SOUTHERLY RIGHT OF WAY LINE; 14) THENCE N 87°42`45" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 369.53 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED. CONTANINING 4.49 ACRES OF LAND MORE OR LESS. REF ABB DWG #12794-PH2-5❑ [22-CPS-02291/1773094/1] PAGE 1 OF 2 Page 89 of 263 L1 in 2 w s W48'27" W�L) *00.04' ; . s sa•wzr. WtC) '00.0l' , {TSB-5 us jo 3N11 'wo-a LS3m) -- W r ❑ C3 A x o EL �y w �y a. v a z 3 3 Q N N cl n o 3 n a ❑ N a S m m �1� y N I � u� co 11 N m A rl ci i71 ,9e'89d. (3)m „10,mx N # _ ,99-89L: NA ,00,00.00 S r I z io J, = n & �3 tea I �[v 4ry a 4 �a cow h a 1'. W K Z o W mr�Stia� XiN,V+ 47 P � � ,0 q m � x 3 � fy O �I tl N `I co go N W (U3LVYMLS3MliIWN 3HF. m_ 3Nn 453X) 7— I IU W y ¢pn0S CJv m6mi,m 2, m jm(N 1+ M nr" www3l 4 3333,.I u7 �npnrnn- r7r �«••,ryr�q r„ausa In ova U�^ •-x3 n7 i[1a O1Nq mI mM Z v ^ N n d u7 M O oc-2nb' bon iviac o¢omomamnocaopamm0Z Lfl Ln LnZ NUT2 L't b � Ll 18 Z00 Wp NN N a� Qp a 0 yN IV,sp Y J Ro x u u N 0 Lrp Q 2 u i J7 ,SC 6ft6 0)" .,99,f em 5 i;Ii ,rE 5yB „GC,E9.00 5 ly [a 3 a� CL Q 3 o a q o in n � 8m c Zy z O x � } M� y v c-, mz a ij U yyy ❑0 m p 3 UO 4Q m V . KGKA0Al72 'A ..,� 4 ...TTTii f c_4L0 &n LL a 2 � 0. TL O � � W o w � W ti N o i mp y a � � w _ I i F a C4 fl 1 A FLORIDA DEPARTMENT 4j-STATE RON DESANTIS Governor June 20, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E_, Suite #401 Naples, FL, 34112 Dear Ms. Kinzel, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy ofCoIIier County Ordinance No. 2023-31, which was filed in this office on .tune 19, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely. Anya C. Owens Administrative Code and Register Director ACOlwlh R. A. Gray Building . 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Page 91 of 263 ■ Collier Boulevard Mixed Use Commerce Center MPUD Supporting Documentation for HEX September 2, 2025 Kimley>>>Horn Page 92 of 263 I - COVER LETTER AND NARRATIVE Page 93 of 263 Kimley>Morn COLLIER BLVD MIXED USE COMMERCE CENTER — INSUBSTANTIAL CHANGE TO PUD COVER LETTER WITH NARRATIVE Introduction The Applicant, MAGPOND, LLC, is requesting approval of an insubstantial change to the property generally referred to as the "Collier Boulevard Mixed Use Commerce Center" (Collier Boulevard) property. The Collier Boulevard development: • Is located west of Collier Blvd, South of Magnolia Pond Drive. Township 49 South, Range 26 East Collier County, Florida. • Includes three (3) PIDs, 00298120608, 00296580004, and 00296520006, totaling approximately 70.2 +/- acres. Note parcels 00296580004 and 00296520006, known as the residential parcels, are under separate ownership. The proposed additional access will be located solely on 00298120608 and as such the other parcels are unaffected by the proposed PUD Amendment. • Currently is zoned PUD. • Currently within Activity Center #9 Overlay. • Is subject to Ordinance No. 2001-10, as amended. The Applicant proposes: • An insubstantial change to the PUD Master Plan, updating to include an additional public full access point on Magnolia Pond Drive (see Revised PUD Master Plan). Request(s) The proposed amendment is requested to allow for: • An updated PUD Master Plan which replaces the approved PUD Master Plan in Ordinance No. 2023-31. The new master plan shows the location of the additional full access point on Magnolia Pond Drive. Description In accordance with the requirements of submittal, please see the narrative statement below identifying how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E with the applicant's response in bold. a. A proposed change in the boundary of the PUD. RESPONSE: The boundary of the project site is not being altered. 7.8.2025 1 COLLIER BOULEVARD COMMERCE PARK PUD COVER LETTER AND NARRATIVE I PAGE 1 Page 94 of 263 Kimley>Morn COLLIER BLVD MIXED USE COMMERCE CENTER — INSUBSTANTIAL CHANGE TO PUD b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development. RESPONSE: No increase in total number of dwelling units or intensity of land use or building height is proposed. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area. RESPONSE: There is no decrease in preservation, conservation, recreation, or open space areas. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses. RESPONSE: There is no proposed increase in the size of areas for nonresidential uses, all uses will remain the same and all unit counts will be consistent with the existing and approved PUD. There are no proposed changes to the location of nonresidential land uses. e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities. RESPONSE: The anticipated traffic generation will not exceed the trip cap of 800 p.m. peak - hour trips in the approved PUD Ordinance No. 2023-31. No increase in total number of dwelling units or intensity of land use is proposed. f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. RESPONSE: There is no change in land use activities proposed. The anticipated traffic generation will not exceed the trip cap of 800 p.m. peak -hour trips in the approved PUD Ordinance No. 2023-31. No increase in total number of dwelling units or intensity of use is proposed. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges. RESPONSE: No increase in stormwater retention or discharges are proposed. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use. RESPONSE: No changes in land use are proposed. 7.8.2025 1 COLLIER BOULEVARD COMMERCE PARK PUD COVER LETTER AND NARRATIVE I PAGE 2 Page 95 of 263 Kimley>Morn COLLIER BLVD MIXED USE COMMERCE CENTER — INSUBSTANTIAL CHANGE TO PUD i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses. Response: No changes in Future Land Use designation are proposed. No increase in density or intensity of the permitted land uses is proposed. The PUD remains consistent with the Future Land Use Element and other elements of the Growth Management Plan. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). RESPONSE: The Property is not part of a DRI. In summary, the Applicant has provided narratives and all required information explaining how the proposed additional access is consistent with all applicable Collier County plans and respectfully request your approval of the amendment. Sincerely, Philip DiMaria, AICP, CNU-A Senior Planner Becca Bond, P.E. (FL, TX) Transportation Engineer 7.8.2025 1 COLLIER BOULEVARD COMMERCE PARK PUD Brooke Fleming, AICP Planner COVER LETTER AND NARRATIVE I PAGE 3 Page 96 of 263 2 - APPLICATION Page 97 of 263 Col pler County Growth Management Community Development Department INSUBSTANTIAL CHANGE to PUD (PDI) LDC Section 10.02.13 Chapter 3.E of the Administrative Code Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Pursuant to LDC subsection 10.02.13, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.2 and shall require the review and approval of the Hearing Examiner or Planning Commission. The approval shall be based on the findings and criteria used for the original application. APPLICANT CONTACT INFORMATION Name of Property Owner(s): MAGPOND, LLC Name of Applicant if different than owner: Address: 8441 Cooper Creek Blvd. city: Telephone: E-Mail Address: Cell: University Park state: FL ZIP: 34201 Name of Agent: Philip DiMaria, AICP, CNU-A Firm: Kimley-Horn and Associates, Inc. Address: 1800 2nd St #900 City: Sarasota Telephone: 941-369-7636 Cell: E-Mail Address: philip.dimaria@kimley-horn.com DETAIL OF REQUEST State: FL ZIP: 34236 On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E. Insubstantial Change to PUD (PDI) 4/12/24 Page 1 of 4 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.colliercountvfl.gov Page 98 of 263 PUD NAME: Collier Blvd. Mixed Use Commercial Center ORDINANCE NUMBER: 2001-10, as amended. FOLIO NUMBER(S): 00298120608,00296520006, 00296580004 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? Yes ❑ No If no, please explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑✓ No If yes, in whose name? Has any portion of the PUD been ❑ SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes If yes, please describe on an attached separate sheet. ❑✓ No Insubstantial Change to PUD (PDI) 4/12/24 Page 2 of 4 Page 99 of 263 SUBMITTAL REQUIREMENTS The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre -Application Meeting notes Project Narrative, including a detailed description of proposed changes and why amendment is necessary Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Revised Text and any exhibits PUD document with changes crossed through & underlined X PUD document as revised with amended Title Page with Ordinance # X Warranty Deed X Legal Description of area of amendment X Boundary survey, no older than 6 months, if boundary of original PUD is amended ❑ X If PUD is platted, include plat book pages ❑ X Affidavit of Authorization, signed & notarized ❑ Completed Addressing Checklist , no older than 6 months Property Ownership Disclosure Form Copy of 8 % in. x 11 in. graphic location map of site Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement. ❑ ❑X ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Insubstantial Change to PUD (PDI) 4/12/24 Page 3 of 4 Page 100 of 263 PLANNERS —INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Utilities Engineering: ❑ Parks and Recreation: ❑ Emergency Management: Naples Airport Authority ❑ Conservancy of SWFL: ❑ Immokalee Water/Sewer District: ❑ City of Naples: ❑ Other: FEE REQUIREMENTS ❑✓ PUD Amendment Insubstantial (PDI): $1,500.00 ❑ Pre -Application Meeting: $500.00 ❑✓ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. Please submit the completed application online via GMCD Public Portal. If you need assistance submitting the application or help with payment online, please review the E-Permitting Guides and Online Payment Guide. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. 4/2/25 Agent/Owner Signature Date Philip DiMaria Applicant/Owner Name (please print) Insubstantial Change to PUD (PDI) 4/12/24 Page 4 of 4 Page 101 of 263 3 - PRE -APPLICATION MEETING NOTES Page 102 of 263 Fleming, Brooke From: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Sent: Thursday, April 10, 2025 5:06 PM To: DiMaria, Philip; Bond, Becca; Michael Sawyer Cc: Anthony Khawaja; Timothy Finn; Lorraine Lantz; Todd Mathes; Fleming, Brooke Subject: RE: Follow-up Abercia meeting this morning Follow Up Flag: Follow up Flag Status: Completed Good afternoon, Based upon the information provided, your request to waive the preapplication meeting for a PDI has been approved. Please let me know if I can be of any other assistance. Ray Bellows Manager - Planning Zoning Collier C ou nt, f IoIXI10I31 Ray. Bellows(@-colIiercountyfl.gov From: DiMaria, Philip <Philip.DiMaria @kimley-horn.com> Sent: Thursday, April 10, 2025 3:39 PM To: Ray Bellows <Ray.Bel lows@colliercountyfl.gov>; Bond, Becca <Becca. Bond@kimley-horn.com>; Michael Sawyer <Michael.Sawyer@colliercountyfl.gov> Cc: Anthony Khawaja <Anthony.Khawaja @colliercountyfl.gov>; Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Lorraine Lantz <Lorraine.Lantz@col liercountyfl.gov>; Todd Mathes <ttm@benderson.com>; Fleming, Brooke <Brooke.Fleming@kimley-horn.com> Subject: RE: Follow-up Abercia meeting this morning EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Ray, Hope you are doing well. Page 103 of 263 We intended submit our PDI application for Abercia this afternoon. While processing the submittal, we were held up by the requirement for a Pre -Application Meeting for the PDI. We called the Reviewer -on - Call who suggested we ask for a waiver from the requirement for Pre -Application. By way of this email, could you confirm that our conversations and correspondence with both Zoning and Transportation Sections were sufficient to meet the pre -application purpose and intent, and therefore waive the requirement for a pre -application? Please let me know if you have any questions or concerns. Thanks Ray! Philip DiMaria, AICP, CNU-A Kimley-Horn 11800 2"d Street Suite 900 Sarasota, FL 34236 Direct: 941 379 7636 From: Ray Bellows <Ray.Bell ows@colIiercountyfl.gov> Sent: Monday, March 24, 2025 10:48 AM To: Bond, Becca <Becca.Bond@kimley-horn.com>; Michael Sawyer<Michael.Sawyer@colliercountvfl.gov> Cc: Anthony Khawaja <Anthony.Khawaia@colliercountyfl.gov>; Timothy Finn <Timothy.Finn@colliercountvfl.gov>; Lorraine Lantz <Lorraine.Lantz@colliercountyfl.gov>; Todd Mathes <ttm@benderson.com>; DiMaria, Philip <Philip.DiMaria@kimley-horn.com> Subject: RE: Follow-up Abercia meeting this morning Good morning, The addition of a new access point to a PUD Master Plan is deemed to be an insubstantial change (PDI) pursuant to Section 10.02.13.E.2 of the LDC. A PDI application requires one public before the Collier County Hearing Examiner. Respectfully, R" Zoning Division - Zoning Services Section Growth Management Department 2800 North Horseshoe Drive Telephone: 239.252.2463 Ray Bellows Manager - Planning Zoning Ray. Bellows(@colIiercountyfl.gov From: Bond, Becca <Becca.Bond@kimley-horn.com> Sent: Friday, March 21, 2025 6:04 PM To: Michael Sawyer<Michael.Sawyer@colliercountvfl.gov> Collier C ountl f IoIXIUI;1 Page 104 of 263 4 - AFFIDAVIT OF AUTHORIZATION Page 105 of 263 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20250001050—AberciaSouth 1, Stephen C. Sclaione (print name), as Manager (title, if applicable) of MAGPOND, LLC, a Florida limited liability company (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant=contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Kimley-Horn to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are We. A Signafture STATE OF FLORIDA COUNTY OF COLLIER ✓ IT M Date The foregoing instrument was acknowleged before me by means of ❑x physical presence or ❑ online notarization this �"9`day of April 20 25 , by (printed name of owner or qualifier) Stephen C. Scalione, as Manager Such person(s) Notary Public must check applicable box: P1 Are personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification. q 1 Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 JUI1E i.APIDES DANIEL W COMMISSIGN #HH278568 EXPIRES: JUN 21, 2026 Sonded throtph 1st State Insurance Page 106 of 263 5 - COMPLETED ADDRESSING CHECKLIST Page 107 of 263 Collier County Addressing Checklist GMCD Public Portal Land Development Code Administrative Code Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Applicant Contact Information *Name of Owner/Agent: Philip DiMaria, AICP, CNU-A Firm [if agent]: Kimley-Horn and Associates, Inc. *Address: 1800 2nd St #900 *Telephone: (941) 369-7636 *City: Cell: Sarasota *E-Mail Address: philip.dimaria@kimley-horn.com Location Information *State: FL *ZIP: 34236 Fax: Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: 00298120608,00296520006,00296580004 Legal Description of subject property or properties [Attach list if necessary]: West of Collier Blvd., South of Magnolia Pond Drive Street Address(es) where applicable, if already assigned: 10525 Collier Blvd Addressing Checklist 6/14/2024 Page 1 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • wAw.colliercountXfl.gov/ Page 108 of 263 Collier County Project Information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -approval of project name and/or street name may be requested by contacting us at GMD Add ressing(a-)_colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Collier Blvd. Mixed Use Commercial Center Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] PL20210000419, Ord No. 2023-31 Submittal Requirement Checklist Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. 0 List of additional folio numbers and associated legal descriptions. ❑ E-mail from Addressing Official for any pre -approved project and/or street names. ❑ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: Front. Desk(acolliercountyfl.gov Addressing Checklist 6/14/2024 Page 2 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercount fl.Q�ov/ Page 109 of 263 6 - GRAPHIC LOCATION MAP OF SITE Page 110 of 263 IL Rw 4 , i �.. _ - l R 7 - COMMENT RESPONSE MATRIX Page 112 of 263 Kimley»>Horn July 10, 2025 John Kelly Collier County Government 2800 N. Horseshow Drive Naples, FL 34112 RE: Planned Unit Development Insubstantial Change Project Name: Collier Blvd Mixed -Use Commercial Center MPUD (Abercia South) (PDI) Record: PL20250004433 Our ref: 248182003 Dear Mr. Kelly: The purpose of this letter is to provide satisfactory answers to the comments/questions issued in a comment letter dated June 11, 2025. The answers are listed below in bold and are preceded by the comments/questions listed in the original letter. ZONING REVIEW: REVIEWER: SEAN SAMMON Correction Comment 1: Narrative - Please disclose what type of Access Point this will be, is this for emergency access only? Utilities? or will this be used by the public? Depending on which, it may need to revise text in Ord. 23- 31 Section VIII, 8.2.2. Please clarify if this will serve the commercial/mixed-use tract or the residential tract, or both. Response: The proposed access point is intended to operate as full access for public use and will serve as a primary access to the commercial development. It is not designated as an emergency - only or utility access. However, there will be cross -access connectivity at the southern end of the PUD between the commercial and residential tracts, allowing the public to traverse between the two parcels. This access point was previously reviewed in coordination with County staff, including Michael Sawyer from Transportation Planning. During those discussions, it was emphasized that the proposed third access must be fully integrated into the overall development and not designed as secondary, minor, or delivery -only access. There are no required edits to Ordinance 23-31, Section VIII, 8.2.2. Correction Comment 2: Revised Ordinance: There needs to be an exhibit that includes the revision to Ordinance 23-31. This will include any additional strikethrough/underline text that applies. The Current Existing Master Plan (p.29) needs to be crossed out, and the Revised Master Plan needs to be included (as a new p.30). The additional Access Point - please denote it as such so that it is obvious for Hearing review, denote Page 113 of 263 Kimley»>Horn Mr. Sean Sammon, June 12, 2025, Page 2 it with a symbol such as an asterisk and refer back to any necessary text change in section 8.2.2. Please coordinate with staff if needed. Coordinate with planner Sean Sammon and/or Transportation Reviewer, Mike Sawyer (michael.sawyer@colliercountyfl.gov or 239-252-2926) if there are any other Development Commitments in the Transportation Requirements that need to be edited or will be impacted. Response: Minimal changes have been made to Ordinance 23-31, no changes to section 8.2.2 are required. Please see strikethrough and underline attached. Correction Comment 3: Conceptual Exhibit: It will be beneficial to provide some exhibit/concept on how the access will look visually on site, especially for the Neighborhood Information Meeting (NIM). Show what type of Access this will serve. Will this access be gated? Automated? Response: The proposed full access will be public, and it will not be gated or automated. A preliminary concept plan showing the proposed site access was shown at the NIM in order for the public to see the proposed access location and intent. Please see attached NIM materials as part of this resubmission. This preliminary concept plan is intended to provide a visual reference for site access locations and operations; however, onsite details and any required offsite improvements will be finalized during the Site Development Plan application. Correction Comment 4: Neighborhood Information Meeting: Submit necessary NIM documents on next submittal to resolve the open condition. Response: Acknowledged, please see attached NIM materials as part of this resubmission. COUNTY ATTORNEY REVIEW: REVIEWER: HEIDI ASHTON-CICKO Correction Comment 1: Miscellaneous Corrections: Doesn't Victoria Estates LTD own 65% of the commercial parcel? Please include in application. Response: Collier County Parcel ID 00298120608 is owned by Magpond, LLC, a Florida limited liability company. See attached merger and deed chain. GENERAL COMMENTS: REVIEWER: SEAN SAMMON 1. Please be advised that pursuant to the LDC, a petition can be considered closed if there has been no activity on the petition for a period of six (6) months. In addition, a GMP Amendment application that is a companion item can likewise be considered closed. That six-month period will be calculated from the date of this letter. Response: Acknowledged. Page 114 of 263 Kimley»)Horn Mr. Sean Sammon, June 12, 2025, Page 3 2. Additional comments or stipulations may be forthcoming once a sufficient petition has been submitted for review. This correspondence should not be construed as a position of support or non-support for any issues within the petition. Staff will analyze the petition, and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or Hearing Examiner (HEX). Response: Acknowledged. 3. Please ensure that all members of your team that may testify before the HEX or CCPC and the Board of County Commissioners (BCC) are registered as lobbyists with the County pursuant to the regulations regarding that issue. Response: Acknowledged. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. Response: Acknowledged. 5. Please put revised dates on all exhibits and in the title block of all Plans. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. Response: Acknowledged. Please see strike through and underline. 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. Response: Acknowledged. 7. Public hearings cannot be held until the Neighborhood Information Meeting (NIM) criteria has been met. In some petition types a NIM must be held while other petition types only require the agent to send a letter. All letters and newspaper ads must be pre -approved by the county planner. For additional information about the process please contact me. Please note that the NIM must be held at least 15 days prior to the first hearing. As you prepare for that meeting, please be aware of the following items: a) Please provide the required NIM notice affidavit and its attachments prior to the meeting (in compliance with the LDC); and b) Please post signs to direct attendees to the exact meeting location; and c) Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment, please bring a tested/working portable microphone; and d) You must provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape; and Page 115 of 263 Kimley»)Horn Mr. Sean Sammon, June 12, 2025, Page 4 e) Please prepare documents for hand out to all NIM attendees and the public hearing file, that show the differences in the uses that would be allowed in the existing and proposed zoning districts. This request is based upon recent CCPC direction. Response: Acknowledged, please see attached NIM materials as part of this resubmission. 8. Pursuant to F.S. 125.022, exhibits and application materials are subject to review upon each resubmittal until deemed sufficient and complete. Should the project receive a third request for additional information, staff requests that the applicant provide written acknowledgement with the resubmittal to waive the regulation that restricts the County from requesting additional information. Projects that do not include such written acknowledgement and that fail to address any outstanding review items with the 4th submittal will be denied/recommended for denial. Response: Acknowledged. 9. Note the adopted fee schedule requires payment of additional fees for petition review upon the 5th and subsequent submittals; please contact the appropriate staff and resolve issues to avoid this fee. Response: Acknowledged. 10. If you would like to discuss the review comments, require clarification and/or wish to identify agree - to -disagree issues, a post -review meeting can be arranged including all rejecting reviewers. To schedule a post -review meeting, please contact me, and Zoning Operations staff will proceed with scheduling. Response: Acknowledged. NEIGHBORHOOD INFORMATION MEETING (NIM) DOCUMENTS: REVIEWER: SEAN SAMMON Hosting a Neighborhood Information Meeting (NIM) is required for this application type. To resolve this condition, please upload all supporting NIM documents from the meeting to the GMD Public Portal. Contact Planner of this project for additional questions. If you experience issues uploading, please contact Client Services at (239) 252-1036. Response: Acknowledged, please see attached NIM materials as part of this resubmission. If you have any further questions or need any additional information, I can be reached by phone at 941.379.7600 or by email directly at Philip. DiMariaCcDKimley-Horn.com. Sincerely, A)lx; Philip DiMaria, Jr., AICP, CNU-A Becca Bond, P.E. (FL, TX) Brooke Fleming, AICP Senior Planner Transportation Engineer Planner Page 116 of 263 8 - CURRENT MASTER PLAN Page 117 of 263 U S er= COLLIER BLVD. 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W v [etW< O / f` M Z p. 2 --_� J i w� w� �aa❑ O U Wo a x �n ti a >a��ar=wOx~❑WNwarUn ° g° ° WJ Zaog.0-9w.O-mwwz=g J MU LL Z> 3 W LL LL W LLUl=-ui�=ONKZ W W W>C7 W ��-0 W 2a W W W m WNW H >dOZfv�'�muoiw}i3x?O�z30uir0a 5 z Z ❑0 QUwp❑zan�W~zZmwa0aZgoWO .2 <zSNzo�°O°gowaz>wmaZ3o ° >ZyONo JJ0�C7 j�Oyll t/Wj�U�Z fn wgz¢oF12vUpaw,>Zia=❑m,-m 3j W =LU �ztp W!-NOQ� W Q W �a W�O W Z� °2 !Y~KQ Zw�O=w a Of� W W W �W'❑HLLo 4.� > O J F J~ W W� W g LL= m 0 W m N o¢Owww=z~wmLL�z=dz==»=xg z h tr � Lo ti a 3 i m O m O� of a a, m z 3 0 a d ::1 M N O 10 N i� 0_ 9 - STRIKETHOUGH AND UNDERLINE (ORD. 23-30) Page 119 of 263 Collier Boulevard Mixed -Use Commerce Center -20253 Planned Unit Development Approximately 70 Acres Section 34 Township 49 South, Range 26 East Collier County, Florida Prepared for: New Magpondl A LLC ETA 8441 7978 Cooper Creek Blvd University Park, FL 34201 Prepared by: Kimley-Horn and Associates 1 :777 Main Street Suite 200 1800 2nd Street, #900 Sarasota, FL 34236 Text added is underlined. text deleted is struck-th Collier Boulevard Mixed Use Commerce Center of-1-PA of 202I00nnn, 9pDI-PL2025000433 -Revised June 30— 4, 2025-3 Pagel of 25 Page 120 of 263 SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership Thn A1'tn PaPtS !'.,.,-,PaRy Rtl ewRs the subject p e-ty Unannlin Naples ApartmeRts LLG-and Richman Naples Development Partners 11, LLC and Richman Naples Development Partners, LLC own the Residential Tracts. \/ietnri-, Estater, 1 Tn and {ew Magpond, A LLC €T A' own the Commercial Mixed -Use Tracts. 2.2 Legal Description Section 34, Township 49 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit B. 2.3 General Description of Property The property is located in the northwest quadrant of Collier Boulevard and 1-75. 2.4 Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (1 4) Pineda Fine Sand, Limestone Substratum and (21) Boca Fine Sand. The property is located in Flood Zone X. The zoning classification prior to the date of this PUD was Agricultural (A). 2.5 Short Title This ordinance shall be known and cited as the "Collier Boulevard Mixed -Use Commerce Center Planned Unit Development Ordinance". Text added is underlined, text deleted is struck -through Collier Boulevard Mixed Use Commerce Center PIJ9A-oi 2021C)nnn419PDI-PL2025000433 - Revised June 30-14, 2025-3 Page 5 of 25 Page 121 of 263 COLLIER BLVD. (140' R.O.W.) 11 ILBE 'E II Oa 4b'$3 iN3N3SV3 Jamul ONV 37VNM:a w % W I� In ' M Y uj I. x 1 0 N W 0 LL.I _UN Il. 1 1 Z< 0 xw 1) a > U W ac ¢ ;Z0,.0 u r 1 Z¢-WN �gN w Z��`— ---� LL ��Q'0 ' 1 Ioc I li W I II J W W ' J Q W U I z I Z U Q YLo g-L A C7 LL I c, d 0Z� z ��D / �, / Z Q x I Wn LU j W> N I l / Q old a`v I ��. 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Submit completed form to DL-GMDNorthGIS@colliercountyfl.gov Please allow 3-5 business days for your request to be completed. NOTE: Incomplete or altered forms will not be accepted. Request Date: 6/13/2025 NIM Date (if scheduled): AGENT/APPLICANT INFORMATION Name of Agent/Applicant: Philip DiMaria, AICP, CNU-A Business: Kimley-Horn Telephone #: (941) 379-7636 E-Mail: philip.dimaria@kimley-horn.com SITE LOCATION INFORMATION PL Number (required): PL20250004433 Folio Number(s) of Property: Collier Blvd. Mixed Use Commercial Center and/or PUD Name (required) Buffer Distance Around Site Location (select one): [ ] 150' [ ✓ ] 500' [ ] 1,000' [ ] 1 Mile Properties Included (select all applicable): [ ] Internal [ ✓ ] External REQUESTED PRODUCTS Results: [ ✓ ] Names and Addresses Only [ ] Names, Addresses, and Property Descriptions Product(s) and Processing Fees [ ✓ ] Spreadsheet (MS Excel, Electronic) $70.00 [ ] Mailing Labels (Printed) $80.00 + $0.06 for every record over 1,500 [ ] Spreadsheet and Mailing Labels $85.00 + $0.11 for every record over 1,500 ADDITIONAL INFORMATION Disclaimer: The data used in this request belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided. As such, Collier County and its employees make no guarantees, implied or otherwise as to the accuracy or completeness. We therefore do not accept any responsibilities as to its use. Rev. 8/31/2021 Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountyfl.gov Page 125 of 263 u ti 00 C a)N Ln M d M N > � 0_0 N rn O O fV O p W u Q Q co Ln O O aE O r lV lV N (J d N O (V ri 0 C:> _ N L L 0 C zo � :E Q0 o E Gl � � H GJ GJ Gl V Q 7 O *, - a a a a 2 u° a c°1c c}n cn Page 126 of 263 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature of Appl State of Florida County of Manatee �A- The foregoing Affidavit of compliance was acknowledged before me this 26 d _ June _ 2025, by Todd Mathes o is personally mown to me or who h produced as identi ica ion. Signature of NotaryPublic) Julie Lapides Daniel Printed Name of Notary G:\NIM Procedures/Affidavit Of Compliance - NIM Oct2010.13oc (Notary Seal) JULIE LAPIDES DANIEL MY COMMISSION #HH278568 EXPIRES: JUN 21, 2026 Bonded through 1st State Insurance Page 127 of 263 z S o Ho�$$�$�8888g omi�g 8mm ifil HIM 3 M w w go m mew w m o a S ao 3Wa ° U U Mn U UU 22U z °° ° E CFO O Z. �nU U !� v a 00 3., W. J z ¢ NWO¢ O U Z U K�Z z 3 x a d ��Z O ��11 W U �N2 O UU2 r- GG N N :��Nmmva n mm� as c ZUW on ri z� Ura 6 10ZooN��Ppom Wpm �OOWOZ J .00OtOcv'i cv'i a z U z0 d~ yw ° h ri ri rid�vi o >Zoo W OAR 2 �Zzl rim 3: t\m Q p F Z U ri ri m�g� G e O w W,7 m oo x Fp fn vvvZ�g ��Z° A. 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FFm a o ww; x w6 d aa4 0,, ww >z A m � a u-=,Wawa �wz x w rc $��mv—M ¢�¢�¢— as a E OUX-000--wo cmi <.i wzz J o v Z ° ma-rcrc�wwaaaa ma www�-aW Ja°a ��° �m �.-MjmjoaaEEEE3 oao�5wz>NNzzz ogMO WMoss rrr MmoO :ZWO33��a m° oo w> ��Y--oon �; m ozzz Z---UU jw mJ r -OTT O O H w OjzZ 22FF HLL UUU� w w xU�ZZZ� N a0 �UOOU�OOOW ° QQQQ� Se WWI ��jjjjJ� oWWWFF222N � 002222WW� mmmmm �3'�u��oorcrcrcrca>zo°wa wa ��---a 0000- -�`^n ozZSSaaav°, z_ `o M3ZWZW ww w w w r r r r 2m .o��ooz°z- -` = 2t oommm-nn0;dxxzO-ww-I w �000rcrcaaaa��z Wm55UUrcrcrcrcrc iE a .�wm000UWWxxxx__4znrcrc mmmmmm. co CD N O 00 N (6 3819 3815 WHITE LAKE BLVD ASSOC LLC 3823 WHITE LAKE BLVD LLC BEYRENT, MAXIMILIAN 121 S MAIN ST #104 8014 FLAGLER COURT 506 GORDONIA RD AKRON, OH 44308 WEST PALM BEACH, FL 33405 NAPLES, FL 34108 CITYGATE DEVELOPMENT LLC 121 S MAIN ST STE 104 AKRON, OH 44308 COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104--- 4961 HABITAT FOR HUMANITY IF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 KINGSTOWN FAMILY TRUST I LLC % MATT ALLEN 2485 COACH HOUSE LN NAPLES, FL 34105 RICHMAN NAPLES DEV PTNR LLC 777 W PUTNAM AVE GREENWICH, CT 06830 SCHOOL DISTRICT-MDE MIKE DAVIS ELEMENTARY SCHOOL 3215 MAGNOLIA POND DR NAPLES, FL 34116 SREIT NOAH'S LANDING LLC C/O RYAN LLC 400 GALLERIA PARKWAY STE 1450 ATLANTA, GA 30339 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112 FRONTERRA COMMUNITY DEV DISTRICT % FL REAL EST ECONOMETRICS 707 ORCHID DR STE 100 NAPLES, FL 34102 HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 I-75 ASSOCIATES LLC 570 DELAWARE AVE BUFFALO, NY 14202--- 1206 NEW MAGPOND A LLC ET AL 8441 COOPER CREEK BLVD UNIVERSITY PARK, FL 34201--- 2006 Richman Naples Development Partners II LLC 777 W Putnam Ave Greenwich, CT 06830 SREIT NOAH'S LANDING LLC 591 WEST PUTNAM AVENUE GREENWICH, CT 06830 SREIT TUSCAN ISLE LLC C/O RYAN LLC 400 GALLERIA PARKWAY STE 1450 ATLANTA, GA 30339 COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112 FRONTERRA COMMUNITY DEV DISTRICT % FL REAL EST ECONOMETRICS 707 ORCHID DR STE 100 NAPLES, FL 34102 HABITAT FOR HUMANITY OF CC INC 11145 TAMIAMI TRAIL EAST NAPLES, FL 34113 I-75 PRESERVE LLC 8441 COOPER CREEK BLVD UNIVERSITY PARK, FL 34201--- 2006 PS FLORIDA ONE INC PO BOX 25025 GLENDALE, CA 91221--- 5025 School District-GGH Golden Gate High C/O Superintendent 5775 Osceola Trl Naples, FL 34109 SREIT NOAH'S LANDING LLC 591 WEST PUTNAM AVENUE GREENWICH, CT 06830 URIKA III INC 567 PARKWOOD LN NAPLES, FL 34103--- 8534 Page 129 of 263 Kimley)))Horn Philip DiMaria, AICP, CNU-A 1800 2nd Street, Suite 900, Sarasota, FL 941-379-7600 Philip.dimaria@kimley-horn.com NOTICE OF NEIGHBORHOOD INFORMATION MEETING PROJECT NAME: Collier Boulevard Mixed -Use Commerce Center MPUD (Abercia South) (PDI — PL20250004433) Dear Property Owner: Please be advised that a formal application has been submitted to Collier County, seeking approval of an Insubstantial Change to the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development (PUD). The Insubstantial Changer pertains to updating the existing Master Plan to add an additional access point to the development on Magnolia Pond Drive. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting is being hosted by Kimley-Horn and Associates, Inc. representing Benderson Development Company (Applicant) and will be held Wednesday, July 9 at 5:30 p.m. at SpringHill Suites by Marriott Naples (3798 White Lake Blvd), Naples. The meeting will also be available virtually (via Zoom). Please visit from your computer, tablet, or smartphone: • Join Zoom Webinar by computer or tablet o Link: https://kimieVhorn.zoom.us/webinar/register/WN 6UnzEIIxTFVegJQvYW2uFA o Webinar ID: 996 9179 7785 The existing Collier Boulevard Mixed -Use Commerce Center PUD subject property is comprised of approximately 70.2 acres of land located on the southwest corner of Collier Boulevard and Magnolia Pond Drive. At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. Should you have any questions prior to meeting, please contact me. Sincerely, / L Philip DiMaria, AICP, CNU-A Page 130 of 263 Naples Daily News Public Notices O rlginallY Pu blisl'iacl a i-ia piesi-iews oom on 06/2'l /2025 NOTICE OF NEIG HBO RH OOp INFORMATION MEETING PROJECT NAME_ Collier Boa.iievard IAA iXecJ Vsa Oommerce Cep er MPUp �Abarcia So�t1'ii A N�ig Fibori�ood iriforma�ioi"i M�c2ii..ig I--iosrtad by Kimiay—i—iori-i ai-Id Associa � iri rcprc acrltirlg Borldcroorl pcvciopmai"i� CompariY C.4pplioa3 i-i�1 ��i11 bo Hold wedricad oy uiy 9iti ai S_30 P m aS SPricQHiii Suites i�Y Marriott NaPies C3798 WI"i lZa La a Bixdi NaPies Tl--ia meeZi rig will also i�a available virZuaiiY via oom� Joii� Zoolll yyaiaiiiar icy compu�ar or abaci nK_ hiipa_//KimicY_i�or oo fs/wcbirl oi-/rcgia cr/��N 6 nz Cllx rYogJQ� W2u A TFie APPlIca1'ii ~as sui�miiied formal peiiiiol'is io Collier Goi..i 1'iiy seeici rig approval o an pavaioPrr�arii CPUpi TI'�a Irisui�s ar�iial CFiac9a Paria r�s o uPd ail rlg ti�a axisii rig as ar Piari o add an acid iii oriel access poiri on i��iagrioiia Pond prive T~e exi srtlOg Gollfer Boa.iieyard MiXed_V se Gom mercy Vei'i er PVp sui��eci ProPeriy is oamprised ai appraxima aiy �O 2 acres a lai„id is iota ed a Erie sa C" cs camar e Collier ouiavard ai'�d i�iiagi"ioiia Ported pr va p resai'iiaiion ai"id discuss ii"ia projsc wiil'� i1'ia owriar/davaiopsr Arid Collier Coul..iiY s off If you era urea e o a en iriia meeiirip i�u eve quasiioris or com men i eY can e direc ed i�Y Pi'or-ie or _ ail by JuIY 9 2025 io: PFiilip plMaria AIGP GNV A PriiliP dimariaL�i<im eY_i�orr� LSA R03l 933 / Page 131 of 263 NOTICE OF NEIGHBORHOOD INFORMATION MEETING PROJECT NAME: Collier Boulevard Mixed -Use Commerce Center MPUD (Abercia South) (PDI — PL2D25DDD4433) A Neighborhood Information Meeting hosted by Kimley-Horn and Associates, Inc. representing Benderson Development Company (Applicant) will be held Wednesday, July 9th at 5:30 p.m. at SpringHill Suites by Marriott Naples (3798 White Lake Blvd), Naples. The meeting will also be available virtu- ally (via Zoom). Join Zoom Webinar by computer or tablet Link: https://kimley-horn. zoom.us/webinar/register/ W N-6 U nzEl l xTFyeq JQvYW2u FA Webinar ID: 996 9179 7785 The Applicant has submitted formal petitions to Collier County, seeking approval of an Insubstantial Change to the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development (PUD). The Insubstan- tial Change pertains to updating the existing Master Plan to add an additional access point on Magnolia Pond Drive. The existing Collier Boulevard Mixed -Use Commerce Center PUD subject property is comprised of approximately 70.2 acres of land is located on the southwest corner of Collier Boulevard and Magnolia r- r. 4 Page 132 of 263 r l!114_4 VI I VG. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/ developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by phone or e-mail by July 9, 2025 to: Philip DiMaria, AICP, CNU-A Kimley-Horn and Associates Senior Planner Philip.dimaria@kimley-horn.com 941-379-7600. June 21 2025 LSAR0319336 Page 133 of 263 LocaliQ Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT AFFIDAVIT OF PUBLICATION Benderson Development 7978 COOPER CREEK BLVD., STE 100 UNIVERSITY PARK FL 34201 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Naples Daily News, a newspaper published in Collier County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: 06/21/2025 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 06/21/2025 Legal 5• Notary, State of Vounty ",own My commission expires Publication Cost: $233.28 Tax Amount: $0.00 Payment Cost: $233.28 Order No: 11419469 # of Copies: Customer No: 537748 0 PO #: LSAR0319336 THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. EN,ANCY HEYRMAN ary Public of Wisconsin Page 1 of 2 Page 134 of 263 NOTICE OF NEIGHBORHOOD INFORMATION MEETING PROJECT NAME: Collier Boulevard Mixed -Use Commerce Center MPUD (Abercia South) (PDI - PL20250004433) A Neighborhood Information Meeting hosted by Kimley-Horn and Associates, Inc. representing Benderson Development Company (Applicant) will be held Wednesday, July 9th at 5:30 p.m. at SpringHill Suites by Marriott Naples (3798 White Lake Blvd), Naples. The meeting will also be available virtu- ally (via Zoom). Join Zoom Webinar by computer or tablet Link: https://kimley-horn. zoom.us/webina r/register/ W N_6UnzEIIxTFyegJQvYW 2 uFA Webinar ID: 996 9179 7785 The Applicant has submitted formal petitions to Collier County, seeking approval of an Insubstantial Change to the Collier Boulevard Mixed -Use Commerce Center Planned Unit Development (PUD). The Insubstan- tial Change pertains to updating the existing Master Plan to add an additional access point on Magnolia Pond Drive. The existing Collier Boulevard Mixed -Use -Commerce Center PUD subject property is comprised of approximately 70.2 acres of land is located on the southwest corner of Collier Boulevard and Magnolia Pond Drive. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/ developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by phone or e-mail by July 9, 2025 to: Philip DiMaria, AICP, CNU-A Kimley-Horn and Associates Senior Planner Philip.dimaria@klmley-horn.com 941-379-7600. June 21 2025 LSAR0319336 Page 135 of 263 BENDERSON UNIVERSITY COOPER CREEK BOULEVARD UNIVERSITY PARK, FL 34201 DEVELOPMENT 941.359.8303.P 941.359.1508.F NEIGHBORHOOD INFORMATION MEETING MINUTES Collier Boulevard Mixed -Use Commerce Center MPUD (Abercia South) PDI — PL20250004433 Meeting Date/Time: July 9, 2025 @ 5:30 PM EDT Meeting Location: SpringHill Suites by Marriott Naples 3798 White Lake Boulevard, Naples, Florida 34117 Virtual Option: Zoom Webinar https://kimleyhom.zoom.us/webinar/register/WN 6UnzElIxTFyegJOvY W2uFA Webinar ID: 996 9179 7785 1. Call to Order Todd Mathes, Director of Development for Benderson Development, called the meeting to order at approximately 5:30 PM. 2. Attendance No members of the public attended the meeting in person or virtually. The following representatives were present: • Todd Mathes, Director of Development, Benderson Development • Julie Daniel, Paralegal, Benderson Development • Taylor DiPietro, Land Planning Analyst, Kimley-Horn • Representative from Collier County Planning Department 3. Meeting Summary As there were no members of the public in attendance, no questions or comments were received. Project information was made available via the Zoom webinar registration link, and the in -person venue was open and staffed by Todd Mathes. 4. Adjournment With no public participation, the meeting was concluded at 5:45 PM EDT. Prepared by: Julie Daniel, Benderson Development July 10, 2025 RETAIL :: OFFICE :: INDUSTRIAL :: HOTEL :: RESIDENTIAL I bendersondevelopment.com Page 136 of 263 �uW�cgg°K�b c 8 o$ o 00 k o7 .P o An „ yon8oy910 II O O� Asa I a Aso II 01 1 1 Il j`.®Fe p r` g ° I o q z n m m P o .. a o b o m 9 R 011;l_ �,_Lflk e . a -- ozz� e I g _ ®I n I � a- • - ji� R R g % IIII s - 10 1 0 0 © � xp a R N Ts 0 ® ;e a © F-1 I: �i p - 8RR8b a�oa�, M l € ' o uS y A am I e% W ° o �� o + §§ < < �, I & m=E e 0 qq n Y m O ag So? O is p O KHR PRWECT ExI lEo onnINEc scar Kimley»> Horn MASTER SITE PLAN AS SHOW :;' wsz..rvs � wma.am�e�IwKu.coH K[clsav rvo. a5io5 N°. REVISIONS TE of 263 11 - OWNERSHIP INFORMATION Page 138 of 263 Co*er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the I C. CI I -CI IICIKC VI .5Uk.lI II RCI CJI. Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership See attached Exhibit "A" 100 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage of interest: Name and Address % of Ownership O1/2023 Page 1 of 3 Page 139 of 263 (Requestors Name) (Address) (Address) (City/State/Zip/Phone #) ❑ PICK-UP ❑ WAIT F1MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: Office Use Only III�I�I�V��III�IUIIIIII�I�IIIIYIIIIIIIII�I�II� 700372753137 �FECT1V I ,---\ I /7 I t[c 10 MA DATA. z 4 / n; lD r-� - b r ll y^ ) Page 140 of 263 r • 4' C= CORPORATION SERVICE COMPANY 1201 Hays Street Tallhassee, FL 32301 Phone: 850-558-1500 ACCOUNT NO, I20000000195 REFERENCE 290843 7448543 1 AUTHORIZATION COST LIMIT 125.00 --------------------------------------------------------------- ORDER DATE December 9, 2021 ORDER TIME 11:09 AM ORDER NO. 290843-005 CUSTOMER NO: 7448543 ARTICLES OF MERGER NIAGPOND-A, LLC MAGPOND-B, LLC NEW MAGPOND, LLC INTO MAGPOND, LLC EFFECTIVE DATE: 12/31/2021 PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: CERTIFIED COPY XX PLAIN STAMPED COPY CONTACT PERSON: Alexxis Weiland F' EXAMINER'S INITIALS: Page 141 of 263 TO: Amendment Section Division of Corporations SUBJECT: Magpond, LLC COVER LETTER Name of Surviving Party The enclosed Certificate of Merger and fee(s) are submitted for filing. Please return all correspondence concerning this matter to; Kim Taylor Contact Person Benderson Development Company, LLC 7978 Cooper Creek Blvd, Firm/Company Address University Park, FL 34201 City, State and Zip Code taxdepartment@benderson.com E-mailaddress: (to be used or future annual report notification) For further information concerning this matter, please call: Kim Taylor at ( 941 ) 360-7259 Name of Contact Person Area Code Daytime Telephone Number ❑ Certified copy (optional) $30.00 STREET ADDRESS: Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 CR2E080 (2120) MAILING ADDRESS: Amendment Section Division of Corporations P. O. Box 6327 Tallahassee, FL 32314 Page 142 of 263 P�'00 O �J Articles of Merger For Florida Limited Liability Company 1 11 The following Articles of Merger is submitted to merge the following Florida Limited Liability Company(ies) in accordance with s. 605.1025, Florida Statutes. FIRST: The exact name, form/entity type, and jurisdiction for each merging party are as follows: Name Jurisdiction Form/Entity Tyne Magpond-A, LLC Magpond-B, LLC New Magpond, LLC New Ma nd-A, LLC Florida Limited Liability Company Florida Limited Liability Company Florida Florida Limited Liability Company Limited Liability Company SECOND: The exact name, form/entity type, and jurisdiction of the surviving party are as follows: Name Junsdictlon Form/Eatity Tyne Magpond, LLC Florida Limited Liability Company THIRD: The merger was approved by each domestic merging entity that is a limited liability company in accordance with ss.605.1021-605.1026; by each other merging entity in accordance with the laws of its jurisdiction; and by each member of such limited liability company who as a result of the merger will have interest holder liability under s.605.1023(1)(b). Page 143 of 263 FOURTH: Please check one of the boxes that apply to surviving entity: (if applicable) ® This entity exists before the merger and is a domestic filing entity, the amendment, if any to its public organic record are attached_ ❑ This entity is created by the merger and is a domestic filing entity, the public organic record is attached. ❑ This entity is created by the merger and is a domestic limited liability limited partnership or a domestic ]roiled liability partnership. its statement of qualification is attached. ❑ This entity is a foreign entity that does not have a certificate of authority to transact business in this slate. The mailing address to which the department may send any process served pursuant to s. 605.0117 and Chapter 48, Florida Statutes is: FIFTH: This entity agrees to pay any members with appraisal rights the amount, to which members are entitled under ss,605.1006 and 605.1061-605.1072, F.S. SIXTH: If other than the date of filing, the delayed cffcctive date ofthe merger, which cannot be prior to nor more than 90 days after the date this document is filed by the Florida Department of State: Dccember31, 2021 Note: If the date inserted in this block dues not meet the applicable statutory filing requirements, this date will not be listed as the document's effective date on the Department ofState's records. SEVENTH: Signature(s) for Each Party: Name of Entity/Organization: Magpond-A, LLC eta pond-B, LLC New Maepond. LLC New Magpond-A. LLC Magpond, LLC Signature(s Typed or Printed Name of Individual: ,/ / ' Stephen C. Scalione Stephen C. Scalione • Stcphcn C. Scalione Stephen C. Scalione ^T Stephen C. Scalione t� Corporations: Chaimian, Vice Chainnan, President or Officer (ff no directors selected, signawre of incorpo►•ator.) General partnerships: Signature of a general partner or authorized person Florida Limited Partnerships: Signatures orall general partners Non -Florida Limited Partnerships: Signature of a general partner Limited Liability Companies: Signature of an authorized person Fees: For each Limited Liability Company: 525.00 For each Corporation: For each Limited Partnership: S5150 For each General Partnership For each Other Business Entity: 525.00 Certified Copy (optional): 535.00 525.00 $30.00 Page 144 of 263 4158759 OR; 4354 PG; 2139 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/29/2008 at 10:58AK DNIGBT I. BROCK, CLERK This Document Prepared by and Return to: RIC FBI 18.50 Alicia H. Gayton, Esq. DOC_.70 70 8441 Cooper Creek Blvd. Retn: University Park, Florida 34201 BENDERSON DIVELOPKINT CO Parcel ID Numbers: 00298120608 8441 COOPER CREEK BLVD UNIVERSITY PARK FL 34201 SPECIAL WARRANTY DEED THIS INDENTURE, made this 2-4 day of APRIL, 2008, between VICTORIA ESTATES, LTD., a Florida limited partnership, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTOR"), and NEW MAGPOND A, LLC., a Florida limited liability company, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTEE"). WITNESSETH: That the GRANTOR, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, an UNDIVIDED 12.7633% INTEREST as tenant in common in and to the following described land, situate, lying and being in the County of COLLIER, State of FLORIDA, to wit: SEE ATTACHED EXHIBIT "A" - LEGAL DESCRIPTION. SUBJECT TO easements, restrictions and reservations of record, and real property taxes and assessments for the year 2008 and subsequent years, which are not yet due and payable. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the GRANTOR hereby covenant with said GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that GRANTOR has good right and lawful authority to sell and convey said land; that GRANTOR hereby fully warrants the title to said land will defend the same against the lawful claims of all persons claiming by, through or under GRANTOR. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal the day and year first above written. VICTORIA ESTATES, LTD. Witness Printed Name: By: Benderson-Victoria, LC Its: General Partner By: Witness Printed a 56 too— David H. Bal auf Manager STATE OF FLORIDA ) COUNTY OF MANATEE ) SS: The foregoing instrument was acknowledged before me this � day of APRIL, 2008 by David H. Baldauf, Manager of Benderson-Victoria, LC, General Partner of VICTORIA Erg L., on behalf of the entity. He is personally known to me.. Printed Name: Notary Public St �Florid.My Commission Ex 2 ALICIA H. GAYI'ON MY COMMISSION #0084455 EXPIRES: MAR 31, 2011 Bonded through 1 st State Insurance of 263 *** OR: 4354 PG: 2140 *** EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S88°48'27"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN NOO ° 29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N00029' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S87°42'52" W, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S00°00'00"W FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-75 (STATE ROAD NO.93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO.93 (1-75), COLLIER COUNTY, SECTION 03175-2409, LAST REVISED 1/10/80; THENCE RUN N86o37'01"E PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N64°12'39"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N23 037'28"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT-OF-WAY LINE; THENCE RUN NO3 ° 19'52"E, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN N04o43' 13"E ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING NOOE29' 15"W. W-06-0197 G. D E S/03 /PN 8 3 66- S Page 146 of 263 4153107 OR: 4350 PG: 1087 k,�- RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/16/2008 at 10:50AN DWIGHT E, BROCK, CLERK This Document Prepared by and Return to: 10.00 to: RBC FEE 1B. S0 Alicia H. Gayton, Esq. 8441 Cooper Creek Blvd. DOC-,70 .70 University Park, Florida 34201 Retn: Parcel ID Numbers: 00298120608 BBNDBRSON DEVBLOPMBNT CO E441 COOPER CREEK BLVD UNIVERSITY PARK FL 34201 SPECIAL WARRANTY DEED THIS INDENTURE, made this 1day of APRIL, 2008, between VICTORIA ESTATES, LTD., a Florida limited partnership, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTOR"), and NEW MAGPOND, LLC., a Florida limited liability company, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTEE"). WITNESSETH: That the GRANTOR, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, an UNDIVIDED 25.1501% INTEREST as tenant in common in and to the following described land, situate, lying and being in the County of COLLIER, State of FLORIDA, to wit: SEE ATTACHED EXHIBIT "A" - LEGAL DESCRIPTION. SUBJECT TO easements, restrictions and reservations of record, and real property taxes and assessments for the year 2008 and subsequent years, which are not yet due and payable. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the GRANTOR hereby covenant with said GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that GRANTOR has good right and lawful authority to sell and convey said land; that GRANTOR hereby fully warrants the title to said land will defend the same against the lawful claims of all persons claiming by, through or under GRANTOR. IN WITNESS Witness Printed N GRANTOR has hereunto set its hand and seal the day and year first above written. t#nesh Printed Name: ,•:I�R,N LM VICTORIA ESTATES, LTD. By: Benderson-Victoria, LC Its: General Partner By: 1 /—W:7--77 David H. Baldauf, Manager STATE OF FLORIDA ) a� COUNTY OF MANATEE ) SS: The foregoing instrument was acknowledged before me this 10 day of APRIL, 2008 by David H. Baldauf, Manager of Benderson-Victoria, LC, General Partner of VICTORIA ESTATES, LTD on behalf of the entity. He is personally known to me.. . /---1 n Printed Name: Notary Public State of Flo ' ALICIAH. GAYT N My Commission Expires: MY C0mMISSQy.#dD645455 EXPIRES: MAR 31, 2011 Bonded through 1st State Insurance Page 147 of 263 *** OR. 4350 PG; 1088 *** EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S88°48'27"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N00°29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N00°29'15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S87042'52" W, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S00000'00"W FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-75 (STATE ROAD NO.93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (I-75), COLLIER COUNTY, SECTION 03175-2409, LAST REVISED 1/10/80; THENCE RUN N86037'01"E PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N64° 12'39"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N23 °37'28"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT-OF-WAY LINE; THENCE RUN NO3 ° 19'52"E, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN N04043' 13"E ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING NOOE29' 15"W. W-06-0197G. DE S/03/PN8366-S Page 148 of 263 This Document Prepared by and Return to: Alicia H. Gayton, Esq. 8441 Cooper Creek Blvd. University Park, Florida 34201 Parccl 1D Numbers: 00298120608 4075368 OR; 4284 PG; 2540 RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/24/2007 at 11:46AN DWIGBT E. BROCK, CLERIC RIC FEE 18.50 DOC-,10 ,10 Retn: BENDERSON DBVELOPKINT 8111 COOPER CREEK BLVD UNIVERSITY PART! FL 34201 SPECIAL WARRANTY DEED THIS INDENTURE, made this �� day of September, 2007, between VICTORIA ESTATES, LTD., a Florida limited partnership, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTOR"), and MAGPOND-A, LLC., a Florida limited liability company, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTEE"). WITNESSETH: That the GRANTOR, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, an UNDIVIDED 3.152% INTEREST as tenant in common in and to the following described land, situate, lying and being in the County of COLLIER, State of FLORIDA, to wit: SEF ATTACHED EXHIBIT "A" - LEGAL DESCRIPTION. SUBJECT TO easements, restrictions and reservations of record, and real property taxes and assessments for the year 2007 and subsequent years, which are not yet due and payable. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the GRANTOR hereby covenant with said GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that GRANTOR has good right and lawful authority to sell and convey said land; that GRANTOR hereby fully warrants the title to said land will defend the same against the lawful claims of all persons claiming by, through or under GRANTOR. IN WITNESS WHEREOF, th NTOR has hereunto set its hand and seal the day and year first above written. C�VICTORIA ESTATES, LTD. Witness Printed Name: LLCA G By: Benderson-Victoria, LC Its: General Partner By: WA4A4-- David H. Balda f, Manager STATE OF FLORIDA ) COUNTY OF MANATEE ) SS: The foregoing instrument was acknowledged before me this I Ct day of September, 2007 by David H. Baldauf, Manager of Benderson-Victoria, LC, General Partner of VICTORIA ESTATES,�TT on behalf of the entity. He is personally known to me.. -r Printed Name: Notary Public Sta of Florida My Commission Rrrr�s: H. GAYiOs^�'Y ��ti� �ALIIJCIA ISSION # 645455 EXPIRES: MAR 31, 2011 4a Bonded through 1st State Durance Page 149 of 263 *** OR: 4284 PG: 2541 *** EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S88°48'27"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N00 ° 29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N00 ° 29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO.2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S87°42'52" W, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S00 ° 00' 00"W FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-75 (STATE ROAD NO.93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (1-75), COLLIER COUNTY, SECTION 03175-2409, LAST REVISED 1/10/80; THENCE RUN N86°37'01"E PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N64012'39"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N23 ° 37'28"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT-OF-WAY LINE; THENCE RUN NO3 ° 19'52"E, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN N04043' 13"E ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. i'-'IIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING NOOE29' 15"W. W-06-0197G. DES/03/PN8366-S Page 150 of 263 w This Document Prepared by and Return to: Alicia H. Gayton, Esq. 8441 Cooper Creek Blvd. University Park, Florida 34201 Parcel ID Numbers: 00298120608 4075367 OR; 4284 PG; 2538 RICORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/24/2007 at 11:46AN DWIGHT E. BROCK, CLERK RIC PEE 18.50 DOC-.70 .70 Retn: BINDIRSOR DEVILOPMINT 8441 COOPER CREIK BLVD UNIVIRSITY PARK FL 34201 SPECIAL WARRANTY DEED THIS INDENTURE, made this 19 day of September, 2007, between VICTORIA ESTATES, LTD., a Florida limited partnership, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTOR"), and MAGPOND, LLC., a Florida limited liability company, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTEE"). WITNESSETH: That the GRANTOR, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, an UNDIVIDED 11.7353% INTEREST as tenant in common in and to the following described land, situate, lying and being in the County of COLLIER, State of FLORIDA, to wit: SEE ATTACHED EXHIBIT "A" - LEGAL DESCRIPTION. SUBJECT TO easements, restrictions and reservations of record, and real property taxes and assessments for the year 2007 and subsequent years, which are not yet due and payable. Or ETHER with all tenements, bereditaments and appurtenances thereto belonging or in anywise appertaining. i 0 HAVE AND TO HOLD, the same in fee simple forever. AND the GRANTOR hereby covenant with said GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that GRANTOR has good right and lawful authority to sell and convey said land; that GRANTOR hereby fully warrants the title to said land will defend the same against the lawful claims of all persons claiming by, through or under GRANTOR. IN WITNESS WHEREO , e GRANTOR has hereunto set its hand and seal the day and year first above written. VICTORIA ESTATES, LTD. Witness Printed N e: A A By: Benderson-Victoria, LC Its: General Partner t11, _ By: W A-v4� Nk7ii es. Printed N me: _ _ David H. Baldauf, Manager ER A. E OF FLORIDA ) rjUNTY OF MANATEE ) SS: The foregoing instrument was acknowledged before me this -i-- day of Baldauf, Manager of Benderson-Victoria, LC, General Partner of VICTORIA ESTA' entity. He is personally known to me.. i Printed Name: Notary Public S1W of Florida My Commission Expired-- , 2007 by David H. L on behalf of the 1S ALICIA H. GAYrON MY COMMISSION #DD645455 EXPIRES: MAR 31.2011 Bonded through 1st State Insurance of 263 *** OR: 4284 PG: 2539 *** EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S88048'27"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N00°29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N00 ° 29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S87042'52" W, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO.2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S00°00'00"W rOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-75 (STATE ROAD NO.93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (I-75), COLLIER COUNTY, SECTION 03175-2409, LAST REVISED 1/10/80; THENCE RUN N86037'01"E PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N64°12'39"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N23 ° 37'28"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT-OF-WAY LINE; THENCE RUN NO3 ° 19'52"E, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN N04043' 13"E ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING NOOE29' 15"W. W-06-0197G. DES/03/PN8366-5 Page 152 of 263 T: 14 Document Prepared by and Return to: Cacia H. Gayton, Esq. 8441 Cooper Creek Blvd. University Park, Florida 34201 Parcel ID Numbers: 00298120608 4075366 OR; 4284 PG; 2536 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/24/2007 at 11:46AK DWIGHT I. BROCK, CLERK RIC PIS 18.50 DOC-.70 .70 Retn: BENDIRSON DIVILOPKINT 8441 COOPER CREEK BLVD UNIVERSITY PARK FL 34201 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of September, 2007, between VICTORIA ESTATES, LTD., a Florida limited partnership, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTOR"), and MAGPOND-B, LLC., a Florida limited liability company, whose address is 8441 Cooper Creek Blvd., University Park, FL 34201 ("GRANTEE"). WITNESSETH: That the GRANTOR, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, an LNDIVIDED 39.7911% INTEREST as tenant in common in and to the following described land, situate, lying and being in the County of COLLIER, State of FLORIDA, to wit: SEE ATTACHED EXHIBIT "A" - LEGAL DESCRIPTION. SUBJECT TO easements, restrictions and reservations of record, and real property taxes and assessments for the year 2007 and subsequent years, which are not yet due and payable. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the GRANTOR hereby covenant with said GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that GRANTOR has good right and lawful authority to sell and convey said land; that GRANTOR hereby fully warrants the title to said land will defend the same against the lawful claims of all persons claiming by, through or under GRANTOR. IN WITNESS WHEREOF, #ieNRANTOR has hereunto set its hand and seal the day and year first above written. itness d VICTORIA ESTATES, LTD. 06 By: Benderson-Victoria, LC Its: General Partner By: to ss Printe ame: ER David H. Baldauf, Manager STATE OF FLORIDA ) COUNTY OF MANATEE ) SS: The foregoing instrument was acknowledged before me this day of Septem r, 2007 by David H. Baldauf, Manager of Benderson-Victoria, LC, General Partner of VICTORIA ESTATES, on behalf of the entity. He is personally known to me.. Printed Name: Notary Public State o Florid My Commission Expires: Y� ALICIA H. Gil N MY COMMISSION #r00645455 ?% n EXPIRES: MAR 31. 2011 OF1 Bonded through 1 st State Insurance *** OR; 4284 PG; 2537 *** EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S88048'27"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE RUN N00°29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N00029' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 17.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S87°42'52" W, ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO.2, FOR A DISTANCE OF 947.68 FEET; THENCE RUN S00°00'00"W FOR A DISTANCE OF 1268.88 FEET TO A POINT 60.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-75 (STATE ROAD NO.93), AS THE SAME IS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO. 93 (I-75), COLLIER COUNTY, SECTION 03175-2409, LAST REVISED 1/10/80; THENCE RUN N86°37'01"E PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N64012'39"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 207.98 FEET; THENCE RUN N23 ° 37'28"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT-OF-WAY LINE; THENCE RUN NO3 ° 19'52"E, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN N04 ° 43' 13"E ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TO THE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING NOOE29' 15"W. W-06-0 l 97G. DES/03/PN 8366-5 Page 154 of 263 INSTR 6188316 OR 6069 PG 2820 E-RECORDED 1/11/2022 9:19 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 CONS $1.00 This Document Prepared by and Return to: t3ENDERSON DEVELOPMENT COMPANY, LLC 7978 Cooper Creek Blvd. University Park, Florida 34201 Parcel ID Numbers: 00298120608 SPECIAL WARRANTY DEED THIS INDENTURE, made this 3111 day of December 2021, between VICTORIA ESTATES, LTD., a Florida limited partnership, whose address is 7978 Cooper Creek Blvd., University Park, FL 34201 ("GRANTOR"), and NEW MAGPOND-A, LLC., a Florida limited liability company, whose address is 7978 Cooper Creek Blvd., University Park, FL 34201 ("GRANTEE"). WITNESSETH: That the GRANTOR, in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, an UNDIVIDED 7.4082% INTEREST as tenant in common in and to the following described land, situate, lying and being in the County of COLLIER, State of FLORIDA, to wit: SEE ATTACHED EXHIBIT "A" - LEGAL DESCRIPTION. SUBJECT TO easements, restrictions and reservations of record, and real property taxes and assessments for the year 2022 and subsequent years, wh ich are not yet due and payable. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the GRANTOR hereby covenant with said GRANTEE that GRANTOR is lawfully seized of said land in fee simple; that GRANTOR has good right and lawful authority to sell and convey said land; that GRANTOR hereby fully warrants the title to said land will defend the same against the lawful claims of all persons claiming by, through or under GRANTOR. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal the day and year first above written. �u c4 Witness Printed Name: �+►9r7G ! G+'lt V�itness Printed Name:(-',,'r STATE OF FLORIDA } COUNTY OF MANATEE } SS: VICTORIA ESTATES, LTD. By: Benderson-Victor' LC Its: General Partner By: phen C. alione, Manager The foregoing instrument was acknowledged before me this ' r'day of December 2021 by Stephen C. Scalione, Manager of Benderson-Victoria, LC, General Partner of VICTORIA ESTATES, LTD., on behalf of the entity. He is personally known to rne.. GINA:HOLZEPiMYGQMM15GG222t314 EXPIRES 8, 202243435Bonded througate Insurance : - V\ � l) Printed Name:n ' :4� Notary Public State of Florida` My Commission Expires: 4 1I Page 155 of 263 *** OR 6069 PG 2821 *** EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S88048'27"W, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 100.01 FEET 1.0 A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34. THENCE RUN NOO *29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE OF 1336.33 FEET TO THE POINT OF BEGINNING OF TIME PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NOOa29' 15"W, PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, FOR A DISTANCE. OF 17.39 FEET TO A POINT ON THE.. SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO. 2 AS THE SAME IS DESCRIBED IN O.R. BOOK 1018 AT PAGES 383 THROUGH 386 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S87*42152" W. ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF ACCESS ROAD NO.2, FOR A DISTANCE 01: 947.68 FEET; THENCE RUN S00000'001'W FOR A DISTANCE OF 1268.88 FEETTO A POINT60.00 FEL I' NOICITIERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF 1-75 (STATE ROAD NO.93), AS THE SAME IS S]-i0V1,'N ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR STATE ROAD NO.93 (1-75), COLLIER COUNTY, SECTION 03175-2,109, LAST REVISED 1/10/80; THENCE RUN N8603710111E PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 658.52 FEET; THENCE RUN N6411219"E, PARALLEL wiTH SAID LIMITED ACCESS RIGHT-OF-WAY LINE'•, FOR A DISTANCE OF 207.98 FEET: THENCE RUN N23°37128"E, PARALLEL WITH SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 57.61 FEET TO A POINT ON SAID LIMITED ACCESS RIGHT-OF-WAY LINE; THENCE RUN NO3 ° 19'52"E, ALONG SAID LIMITED ACCESS RIGI-IT-OF-WAY LINE FOR A DISTANCE OF 496.10 FEET; THENCE RUN 1\104043'13"E ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 613.98 FEET TOTIIE POINT OF BEGINNING; CONTAINING 25.836 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECTTO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BL`•ARINGS REFER TO T'IM EAST LINE OF TIME NORTIIL'•AST QUARTL•R 017 SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 FAST, COLLIER COUNTY. FLORIDA, AS BEING NOOE29' 15"W. P#3435 Page 156 of 263 INSTR 6249343 OR 6124 PG 1190 E-RECORDED 5/10/2022 8:27 AM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $44.00 INDX $1.00 (Requestors Name) (Address) (Address) (City/State2ip/Phone #) ❑ PICK-UP WAIT El MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status Special Instructions to Filing Officer: Office Use Only 1111111111111111111111111111111111111 700372753137 .FFECf 1 I 7 r-, O DATE' 1 Q> �0 v� r R; tp f C i + { IN i ✓r� 6 DEC 10 '[OZl l AL�Rti�Oi`� Page 157 of 263 OR 6124 PG 1191 r • dw ow CORPORATION SERVICE COMPANY 1201 Hays Street Tallhassee, FL 32301 Phone: 850-558-1500 ACCOUNT NO. I20000000195 REFERENCE 290843 7448543 1 AUTHORIZATION4 COST LIMIT 41�25.00 --------------------------------------------------------------- ORDER DATE : December 9, 2021 ORDER TIME 11:09 AM ORDER NO. 290843-005 CUSTOMER NO: 7448543 ARTICLES OF MERGER NIAGPOND-A, LLC MAGPOND-B, LLC NEW MAGPOND, LLC INTO MAGPOND, LLC EFFECTIVE DATE: 12/31/2021 PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: CERTIFIED COPY XX PLAIN STAMPED COPY CONTACT PERSON: Alexxis Weiland { EXAMINER'S INITIALS: Page 158 of 263 OR 6124 PG 1192 TO: Amendment Section Division of Corporations SUBJECT: Magpond,LLC COVER LETTER Name of Surviving Party The enclosed Certificate of Merger and fee(s) are submitted for filing. Please return all correspondence concerning this matter to: Kim Taylor Contact Person Benderson Development Company, LLC FirnVCompany 7978 Cooper Creek Blvd. Address University Park, FL 34201 City, State and Zip Code taxdepartment@benderson.com E-nmil address: (to be used or future annual report notification) For further information concerning this matter, please call: Km Taylor at ( 941 360-7259 Name of Contact Person Area Code Daytime Telephone Number D Certified copy (optional) $30.00 STREET ADDRESS: Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 CR2E080 (2/20) MAILING ADDRESS: Amendment Section Division of Corporations P. O. Box 6327 Tallahassee, FL 32314 Page 159 of 263 OR 6124 PG 1193 0 Articles of Merger For Florida Limited Liability Company The following Articles of Merger is submitted to merge the following Florida Limited Liability Company(ies) in accordance with s- 605.1025, Florida Statutes. .FIRST: The exact name, form/entity type, and jurisdiction for each merging party are as follows: Name Jurisdiction Form/Entity Tyne Magpond-A, LLC Florida Limited Liability Company Magpond-B, LLC Florida Limited Liability Company New Magpond, LLC Florida Limited Liability Company New Magpond-A, LLC Florida Limited Liability Company SECOND: The exact name, form/entity type, and jurisdiction of the surviving party are as follows_ Name Jurisdiction Form/Entity Tyne Magpond, LLC Florida Limited Liability Company THIRD: The merger was approved by each domestic merging entity that is a limited liability company in accordance with ss.605.1021-605.1026-, by each other merging entity in accordance with the laws of its jurisdiction; and by each member of such limited liability company who as a result of the merger will have interest holder liability under s.605.1023(1)(b). Page 160 of 263 *** OR 6124 PG 1194 *** FOURTli: Please check one of the boxes that apply to surviving entity: (if applicable) ® This entity exists before the merger and is a domestic filing entity, the amendment, if any to its public organic record are attached_ ❑ This entity is created by the merger and is a domestic tiling entity, the public organic record is attached_ ❑ This entity is created by the merger and is a domestic limited liability limited partnership or a domestic limited liability partnership, its statement of qualification is attached. ❑ This entity is a foreign entity that does not have a certificate of'aulhority to transact business in this state. The mailing address to which the department may send any process served pursuant to s. 605.0117 and Chapter 48, Florida Statutes is: FIFTH: This entity agrees to pay any members with appraisal rights the amount, to which members are entitled under ss,605.1006 and 605.1061-605.1072, F.S. SIXTH: If other than the date of filing, the delayed cfl'cctive date of the merger, which cannot be prior to nor more than 90 days after the date this document is filed by the Florida Department of State: December 31, 2021 Note: If the date inserted in this block dues not nicer the applicable statutory filing requirements, this date will not be listed as the document's effective date on the Department of State's records. SEVENTH: Signature(s) for Each Party: Name of Entity/Organization: Ma€pond-A, LLC Magpond-B. LLC New Magpond. LLC New Magpond-A. LLC Ma pond, LLC Typed or Primed Name of Individual: Stephen C. Scalionc Stephen C. Scalione Stcphcn C. Scalionc Stephen C. Scalionc Stephen C. Scalionc t� Corporations: Chaimlan, Vice Chainnan, President or Offiecr (lf no directors selected, signature of incorporator.) General partnerships: Signature of a general partner or authorized person Florida Limited Partnerships: Signatures of all general partners Non -Florida Limited Partnerships: Signature of a general partner Limited Liability Companies: Signature of an authorized person Fees: For each Limited Liability Company: S25.00 For each Corporation: For each Limited Partnership: S52.50 For each General Partnership For each Other Business Entity: $25.00 Certified Copy (optional): S35.00 S25.00 S30.00 Page 161 of 263 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Todd Mathes, Director of Development WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDI-PL20250004433 C�.�n��d 0/1 SIGNATURE OF AN R AGENT Todd Mathes NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OFGOE+7� MF1NAr&67 7978 Cooper Creek Boulevard STREET OR P.O. BOX University Park, Florida 34201 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this day of September 2025 , by Todd Mathes , personally known to me or who produced as identification and who did/did not take anoath. ALE LAFM 0ANIEL I tureofNotaryPublic My COMMISSION #HH278568 EXPhrougJulie Lapides Daniel ded UN21,2o2s Bonthmugh 1st State Insurance p Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Page 162 of 263 HEARING Collier Boulevard Mixed -Use Commerce Center PUD Page 163 of 263 10/9/2025 Item # 3.0 ID# 2025-3710 PETITION NO. VA-PL20250002073 — Request for a variance from Land Development Code (LDC) Section 4.05.04, Table 17 — Parking Space Requirements, for a horse boarding stable, from one space per every two stalls to zero; and for the on-site/off-site sale of farmed eggs from one space to zero; for the benefit of a property located in the Estate (E) Zoning District at 4840 Teak Wood Drive to allow horse boarding, subject to the limitation of 7 horses in the Estates zoning district on 3.55 acres; on-site/off-site sale of farmed eggs, subject to the limitation of 25 total fowl or poultry in the Estates zoning district, to allow for Applicant's Home -Based Business. The property is further described as the West 180 feet of Tract 115, Golden Gate Estates, Unit No. 95, according to the plat thereof recorded in Plat Book 9, Page 45 of the Public Records of Collier County, Florida, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 3 ATTACHMENTS: Staff Report VA 09232025 Attachment A - Site Plan Attachment B - Sketch of Boundary Survey Attachment C - Public Correspondence Attachment D - Applicant's Backup, application and supporting documents Page 164 of 263 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 9, 2025 SUBJECT: VA-PL20250002073, 4840 TEAK WOOD DRIVE - PARKING PROPERTY OWNER/APPLICANT: AGENT: Isabella Fuerst Taylor 4840 Teak Wood Dr. Naples, FL 34119 REQUESTED ACTION: Zachary W. Lombardo, Esq. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 Naples, FL 34103 To have the Collier County Hearing Examiner consider a variance from Land Development Code (LDC) Section 4.05.04, Table 17 — Parking Space Requirements, for a horse boarding stable, from one space for every two stalls to zero; and for the on-site/off-site sale of farmed eggs from one space to zero; to allow horse boarding as an accessory use subject to the limitation of 7 horses in the Estates zoning district on 3.55 acres; on-site/off-site sale of farmed eggs, subject to the limitation of 25 total fowl or poultry in the Estates zoning district, to allow for applicant's home based business. GEOGRAPHIC LOCATION: The subject property is located at 4840 Teak Wood Drive, AKA: the West 180 feet of Tract 115, Golden Gate Estates, Unit No. 95, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. Property ID No.: 41832000004. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 3.55 acres located within the Estates (E) zoning district. Section 2.02.02.13 of the LDC states, in part: "The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi - rural and rural character of the E district..." Permitted uses within the E district include single- VA-PL20250002073; 4840 Teak Wood Dr. - Taylor Page 1 of 9/23/2025 Page 165 of 263 family dwellings and allowable listed accessory uses include: keeping of horses and livestock (except for hogs, not to exceed two such animals for each acre, and with no open feed lots; and keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. The subject parking variance is presented in response to a Zoning Verification Letter (ZLTR), PL20230016528 (See Attachment B), which is an integral part of this request. Said ZLTR establishes that the petitioner desires to launch a home -based business that will provide horse boarding for up to 7 horses and the on-site/off-site sale of eggs produced by no greater than 25 chickens, by establishing that the uses are permitted as a home -based business pursuant to Florida Statute 559.955. Section 559.995(3)(b) specifically states: "Parking related to the business activities of the home -based business complies with local zoning requirements, and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted." Zoning staff concluded that if a variance was obtained to relieve the LDC parking requirements, the proposed business could proceed as a home -based business under the referenced statute. Parking requirements for commercial, agricultural, and residential uses outside the Mixed -Use Urban Residential area of the Future Land Use Map, are located within LDC Section 4.05.04.G, Table 17 - Parking Space Requirements. "Single-family houses, guest houses, and caretaker's residences" require 2 spaces per unit, and "Stables, commercial riding stable, boarding stable, livery stable, and dude ranches" require 1 space per two stalls. Each additional separate office or business use requires at least one additional parking space. The parking requirement for the single-family dwelling unit, the principal use of the subject property, was satisfied at the time a building permit was issued for the structure. Therefore, this petition pertains only to the accessory business use parking requirements, which include a 7-stall horse boarding facility and the on-site/off-site sale of eggs for which 3.5 parking spaces and 1 parking space are required, respectively. A site plan has been provided showing that six parking spaces could be provided to the rear of the principal structure and forward of the proposed boarding stable. The subject property measures 180± feet by 860± feet by 660 feet. The principal use covers approximately the forward 1/3rd of the property, and the proposed accessory uses are within the rear 2/3rds. The subject variance is intended to reduce the required parking for the specified accessory business uses from five parking spaces to zero to effectively quash said parking requirement so that the proposed accessory uses can satisfy the requirements of State Statute 559.995(3)(b). 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I, VA-PL20250002073; 4840 Teak Wood Dr. - Taylor 9/23/2025 Page 4 of Page 168 of 263 SURROUNDING LAND USE AND ZONING: North: Teak Wood Drive (Right -of -Way), then two single-family dwellings on individual lots within the Estates (E) Zoning District East: A single-family dwelling located within the Estate (E) Zoning District South: A single-family dwelling located within the Estate (E) Zoning District West: A single-family dwelling located within the Estate (E) Zoning District Collier County GIS VA-PL20250002073; 4840 Teak Wood Dr. - Taylor 9/23/2025 Page 5 of Page 169 of 263 GROWTH MANAGEMENT PLAN (G ) CONSISTENCY: The subject property is designated Estates, Mixed Use District, Residential Estates Subdistrict within the Urban -Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan. This land use category is designed to accommodate single-family residential development at a maximum density of one unit per 2.25 acres, or one unit per legal non -conforming lot of record. The petitioner seeks a Variance for parking required for accessory uses that are to be conducted as part of a home -based business. The Growth Management Plan (GMP) does not address individual variance requests related to land use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved? Yes. The applicant's agent argues that the subject lot exceeds the 2.25-acre minimum lot size for properties within the E Zoning District, and the fact that there is sufficient area for paved parking without using the driveway or right-of-way justifies the Variance request. Additionally, it is felt that given the E Zoning District allows for limited agricultural uses as a right, this is a special circumstance not applicable to other residential zoning districts. Zoning staff concurs. b. Are there special conditions and circumstances that do not result from the applicant's action, such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes. The applicant's agent states that the applicant did not create the lot or the LDC provisions that require parking for all uses, principal and accessory. Zoning staff concurs. C. Will a literal interpretation of the provisions of this zoning code work cause unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The applicant's agent states: "Yes. Section 559.955, Florida Statutes, allows for home - based businesses, and the property has sufficient room to accommodate all required parking on improved spaces outside of the right-of-way and the driveway, but because of the limitations on paper in an Estates zone, County staff has issued ZLTR-PL20230016528 requiring a parking variance." Zoning staff concurs.The variance reduces the LDC required parking but the owner may provide parking beyond the LDC required parking, provided the owner complies with Section 559.995, Florida Statutes including the requirement that "as viewed from the street, the home based business use is consistent with uses of residential areas that surround the property." VA-PL20250002073; 4840 Teak Wood Dr. - Taylor 9/23/2025 Page 7 of Page 171 of 263 d. Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promotes standards of health, safety, and welfare? The applicant's agent states: "Yes, the variance is the minimum variance that will makepossible the reasonable use of the land because it provides for a home -based business within the livestock limits applicable to all Estates zoned lots, and many estates lots, including the neighboring lot, have horse barns and vehicles in excess of residentially zoned lots. Thus, there is no appreciable difference between the use of this lot and other Estates zoned lots. For example, even an employee and/or independent contractor that takes care of horses is a use that can take place on an Estates zoned lot, provided the underlying operation was not commercial." Zoning staff concurs. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The Applicant's agent states: "No. Section 559.995, Florida Statutes, applies to all property in Collier County. Additionally, the underlying agricultural use (and the intensity of the use) is permitted by right in all Estates zoned lots." Zoning staff concurs and further notes that other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case -by -case basis. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare? The applicant's agent states: "Yes. `The purpose and intent of the estates district (E) is to provide land for low -density residential development in a semi -rural to rural environment, with limited agricultural activities.' Because the limitation on the number of horses (2 per acre) is being followed and because, as this is a home -based business, the residential use is being maintained, the resulting use is low -density residential in a semi -rural environment with limited agricultural activities." Zoning staff concurs. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.? The applicant's agent states: "No." Staff notes that the provided site plan incorporates a hedge parallel to all property lines and a double hedge row between the principal use and accessory use areas. VA-PL20250002073; 4840 Teak Wood Dr. - Taylor 9/23/2025 Page 9 of Page 172 of 263 h. Will granting the Variance be consistent with the Growth Management Plan? The applicant's agent states: "Yes. The home -based business is rural in nature and thus conforms with the applicable Urban Golden Gate Estates Sub -element Policy 3.2.1: Rural character protection provisions shall provide for the preservation of such rural amenities as, but not limited to, wooded lots, the keeping of livestock, the ability to grow crops, wildlife activity, and low -density residential development." Zoning staff further notes that the subject Variance will not affect or change the requirements of the GMP concerning density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject Variance doesn't impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: None. PUBLIC NOTICE: Notice Requirements for variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property on or about August 19, 2025, as evidenced by an executed Affidavit of Compliance contained within Attachment D. Notice of the Hearing Examiner meeting was provided by posting on the Clerk of Court's website and through a mailed notice to owners within 1,000 feet of the site on or about September 19, 2025, and the posting of a public notice sign on the site on September 24, 2025, as per a notarized Affidavit contained within Attachment D. RECOMMENDATION: Staff recommend that the Collier County Hearing Examiner APPROVE variance petition VA- PL20250002073, to reduce the required parking for the accessory home -based business uses specified herein from 5 parking spaces to zero, as depicted within Attachment A, subject to the following Conditions of Approval. VA-PL20250002073; 4840 Teak Wood Dr. - Taylor Page 10 of 9/23/2025 Page 173 of 263 Conditions of Approval: 1. The hours of operation for horse boarding and visitation, as well as any egg sales, shall be between 7:00 A.M. and 7:00 P.M. 2. There shall be no parking on the public right-of-way to the front of the subject property. 3. There is to be no outside storage of any commercial equipment, and there shall be no outside storage of client horse trailers. 4. The number of persons, not including residents of the single-family dwelling, to be at the location at one time is limited to one employee/contract cleaner and two boarders. 5. There is to be no amplified sound system. 6. Outdoor lighting is to be shielded from neighboring properties and shall not be illuminated outside of the operational hours above except in an emergency situation. 7. There will be no horse shows or rodeos conducted at the subject location. Special events are limited to garage sales for which a permit is required, as per LDC Section 5.04.05.C. Attachments: A. Site Plan B. Survey Sketch of Boundary Survey C. Public Correspondence D. Applicant's Backup, application, and supporting documents VA-PL20250002073; 4840 Teak Wood Dr. - Taylor 9/23/2025 Page 11 of Page 174 of 263 41832000004 / 4840 TEAK WOOD DR SITE PLAN t__ L J F-I PARKING SPACES (6 Parking Spaces) ■ LANDSCAPED HEDGE qz F, " 'king spaces) N Page 175 of 263 SKETCH OF BOUNDARY SURVEY SURVEY#19402 PROPERTY ADDRESS CERTIFIED TO FLOOD ZONE INFORMATION DATE OF SURVEY: 05/12/2018 COMPLETION DATE: 05/17/2018 4840 Teak Wood Drive Justin Armstrong Community DI Number: 120067 DRAWN BY: M.R. CHECKED BY: K.S. NEPI es, FL Suffix: Panel: 0402 Sux: H ADDED SEPTIC &DRAINFIELD: 05/30/2018 Effective Date: 05/16/2012 POOL SPOT SURVEY: 07/11/2018 Flood Zone: AH BFE: 12.5' N.A.V.D. 1988 UPDATE SURVEY: 03/26/2025 D.F. LEGAL DESCRIPTION AS FURNISHED AMENDED UPDATE SURVEY: 05/06/2025 D.F. BENCHMARK The West 180 feet of Tract 115, GOLDEN GATE ESTATES, UNIT NO.95, according to the plat thereof as recorded in IAND SERVICES, INC. Plat Book 9, Page (s) 45, of the Public Records of Collier County, Florida. lam L & C. Boulevard Naples,Florida 34109 L.B. p 7502 TeI. 239-591-0778 Benchmarklands TRACT113 TRACT116 1650' P. & 1650.09' M. B.R. TEAK WOOD DRIVE FND. PK TRACT 127 1ST AVE. N.W. (P.) NO I.D. FND. PK (IMPROVED) ROAD 60' WIDE TBM#1 NO I.D. S 89°40'50" E 421.75' P. ELEV. = 11.69' L-3 x _ u.n' ----_ L=1 �_ FND. PK FND 5/8" ---------- -- FND.P - T _ ---- '^ NO I.D. I.R. LE 7862 E M.E.S. L-6 ss0UTH R/w NO LD S 89°34'03" E 441.45' M. I 3 OPPOSITE ---- _ _ FIND o - FENCE P.R.M.(NOTFND.) 11.11S/ I.R. NO I.D. x11.5' x12.2'x 12.9' 128' 0.60' E. FENCE 0 DETAIL: NOT TO SCALE 13.58 ss E o.7a E. x Ja.2' w o 115' x$jo NI1.6' o z FENCE 130.42 S. 31.8' .6' x 11.6 E 30.9x �D DRIVE oNC 27.0r 1.90 L_ J CONc. FENCE Bull' U 81' CONC SEE ' 4.4 181.845. DETAIL 11'0 � ONE STORY N 0.00- W. BUD 82.44' ONE STORK, BUILDING 5 c-I O 4840 e -BUILDING G d B TBMM2 6' 69.66' 87.06' "' W N ^' GARAGE FF. ELEV.= 13.31' SHED 87.26' 24.4' FENCE 59. 5' ?) .35' - - -0-30- S. - .30 W. - _ � O N w FENCE N 261.12 5. 0C° TRACT 114 r 0.8T 11t SAND r AREA �' CON . N32. 0 00 12.a' CON ICK STABLE 32.11' STABLE oaNE&wau(� ':E: m .m M N STABLE CD UD 1 J 7'00 J 37.40' 18.41' STABLE WELL 3 w W L-1= N 89*40'50" W 150' D. - 12.0' x BUILDING N 89°41'33" W 149.98' M. inSCREENED L-2 = S 88°23'30" W 180.10' D. N DO I S 88°23'45" W 180.08' M. °oo o LLO Ln ; m REMAINDER OF L-3 = S 89°40'50" E 180' D. z z 00 m TRACT 115 TRACT 128 rl S 89°43'37" E 180.24' M. W `{ HORSEARENA F_ L-4 = S 00°19'11" W 827.09' M. N(SAND) -Q L-5 = N 00°19'09" E 833.19' M. EN 3 COVEERED zFEN ~ L-6 = S 89°39'44" E 179.99' M. 0.00 E. 62.90 11.3'RED CO VEERED 40.1]' 53.6'x11.4' COVERED FEEDING AREA (SAND) 11.4'x11.4' tO 34.19' COVERED m N 6J.J3' 53.58' FENCE 9.6 FENCE 0.92' N. 0.23, N. qo DATE.0FND FINZ/." �L-2 5/8" 0' 50, 100, I.R. NO I.D. 1so.D9'D. I.R. NO I.D. GRAPHICSCALE GATE ESTATES UNIT NO. 32 S1"= 100' GOLDEN SCALE: BEARING BEARINGS SHOWN HEREON ARE BASED UPON A PLATTED BEARING OF SOUTH 89'40'50" EAST FOR THE CENTERLINE OF TEAK WOOD DRIVE AS SHOWN ABOVE. NOTES: 1. LEGAL DESCRIPTION PROVIDED BY OTHERS. NO EXAMINATION OF TITLE MADE BY SURVEYOR. 2.TH IS CERTIFICATION 15 ONLY FOR THE LANDS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE,ZONING,EASEMENTS, FREEDOM FROM ENCUMBRANCES OWNERSHIP OR I HEREBY CERTIFY THAT A SURVEY OF THEHEREON RIGHTS -OF -WAY. DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION 3. UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. WALL TIES ARE TO THE FACE OF THE WALL. TIES ARE NOT TO BE PER STANDARDS OF PRACTICE AS PER CHAPTER 51-17.053, USED TO RECONSTRUCT BOUNDARY LINES. FENCE OWNERSHIP NOT DETERMINED. 4.NOTVALID WITHOUT THE SIGNATURE& ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ONLY VISIBLE ENCROACHMENTS LOCATED. F.A.C.&PURSUANT TO SECTION 472.027, FLORIDA 5. THIS SURVEY IS INTENDED FOR USE BY THOSE TO WHOM IT IS CERTIFIED. STATUTES. 6. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. NO EFFORT WAS MADE TO PROVE PLAT BOUNDARIES. 7. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHT-OF-WAYS OF RECORD. 8. WHEN LOCATION OF EASEMENTS OR RIGHTS -OF -WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT IS REQUIRED, THIS INFORMATION MUST BE FURNISHED TO THE I, Digitally signed by Kenneth say SURVEYOR AND MAPPER, PER FLORIDA STATUTE 51-17.052(2I4(d)4 OF THE FLORIDA ADMINISTRATIVE CODE. Kenneth $aFfl0 9. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING Date:2025.o5.07J0:4b:Jb-0a'oc PARTY OR PARTIES. KEN NETH SARRIO ,. KENNET SARRONAL 10.THE F.E.M.A. FLOOD ZON E I NFORMATION I NDICATED HEREON IS BASED ON I NTERPRETATION OF MAPS SUPPLI ED BY TH E FEDERAL GOVERN MENT. IT IS THE SURVEYOR AND MAPPER RESPONSIBILITY OF THE OWNER AND/OR CONTRACTOR TO VERIFY FLOOD ZONE INFORMATION AND BUILDING RESTRICTIONS PRIOR TO ANY CONSTRUCTION 11. ELEVATIONSSHOWN HEREON ARE BASED UPON N.A.V.D. 1988. OR PLANNING. PSM NO. 6348 STATE OF FLORIDA LEGEND A.E. ACCESS EASEMENT E EAST M.H.W. MEAN HIGH WATER LINE P.R.M. PERMANENT REFERENCE MONUMENT x0.00' EXISTING ELEVATION B.R. BEARING REFERANCE O.H. DRILL HOLE N NORTH P.T. POINT OF TANGENCYPK PARKER-KALON NAIL x® PROPOSED ELEVATION C. CALCULATED E.O.W. EDGE OF WATER N.&D. NAIL &DISK P.U.E. PUBLIC UTILITY EASEMENT tIIa POWER POLE C.B. CATCH BASIN ELEC. ELECTRIC BOX N.R. NONRADIALR/W RIGHT-OF-WAY 1'f LIGHTPOLE C.U.E. COUNTY UTILITY EASEMENT F.F. FINISHED FLOOR O.H.L. OVERHEAD LINE S SOUTH 17 FIRE HYDRANT C.V.G. CO NC VALLEY GUTTERD. DEEDED END. FOUND P. PLAT S.D. STORM DRAIN ® WELL CAN. CABLE N. RISER G.A. GUYANCHOR P.C. POINT OF CURVATURE T.B.M. TEMPORARY BENCHMARK WATER VALVE C/O CLEAN OUT I.D. IDENTIFICATION P.C.C. POINT OF COMPOUND CURVATURE TEL. TELEPHONE FACILITIES D. DEEDED L.B. LAND SURVEYING BUSINESS P.E.P. POOL EQUIPMENT PAD U.E. UTILITY EASEMENT D.E. DRAINAGE EASEMENT M. FIELD MEASURED P.I. POINTOF INTERSECTION W WEST D.H. DRILL HOLE M.E.S. MITERED END SECTION P.O.C. POINT OF COMMENCEMENT W.M. WATER METER Page 'I 76 of 263 ATTACHMENT C — PUBLIC CORRESPONDENCE VA-PL20250002073 4840 Teak Wood Drive • Objection Letter— 4810 Teak Wood Drive Sue and David Lipman • Objection Letter — 4911 Teak Wood Dr —David and Denise Welsch Page 177 of 263 Sue and David Lipman 4810 Teak Wood Drive Naples, FL 34119 September 25, 2025 Planner John Kelly Collier County Community Development Planning and Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Subject: Petition Variance — Petition Number PL20250002073 Property in Question: 4840 Teak Wood Drive, Naples, FL 34119 Dear Mr. Kelly, As residents located at 4810 Teak Wood Drive, we would like to express our concern regarding the variance petition noted above. Our concerns are as follows: 1. Parking Teak Wood Drive is a narrow street, barely allowing two cars to pass each other. Increased street parking would create additional difficulties, especially for service trucks, garbage trucks, and other large vehicles. 2. Odor Concerns We are concerned about potential smells emanating from the property due to an increased horse population and the addition of a significant chicken population. While the current limited number of horses is tolerable, expansion would likely change the situation negatively. 3. Flies and Pest Issues Horses naturally attract flies. We have experienced flies in our outdoor dining area. We had no flies when we lived six miles toward the Gulf in an area devoid of horses. We strive to be good neighbors, but while the current homeowners may promise to mitigate the impacts, future homeowners may not be as conscientious. Approving this variance could therefore create lasting challenges for the neighborhood. For these reasons, we respectfully oppose the granting of this variance. Sincerely, Sue and David Lipman 4810 Teak Wood Drive Naples, FL 34119 Page 178 of 263 co C.0 CN O CD n 441-0 qi CkLl C, - L I GJ Lij John Kelly From: Denise Welsch <denisewelsch@gmail.com> Sent: Monday, September 1, 2025 6:36 PM To: John Kelly Cc: welschd87@lsus.edu.com Subject: Opposition to Zoning Variance Application PL20250002073 Attachments: Response in Opposition to Variance.pdf Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Hearing Examiner, Attached hereto please find a Response in Opposition to Zoning Variance Application PL20250002073 for the property addressed as 4840 Teak Wood Drive; submitted by David and Denise Welsch, owners of adjacent parcel addressed as 4911 Teak Wood Drive, Naples, FL 34119. Please contact the undersigned should you have any questions. Thankyou. Respectfully Submitted, David and Denise Welsch Page 180 of 263 David J. Welsch and Denise A. Welsch 4911 Teak Wood Drive, Naples FL 34119 August 30, 2025 2800 Horseshoe Drive N, Naples FL Via Email: John. Kelly@CollierCountyFL.gov RE: Opposition to Variance Application PL20250002073 Dear Mr. Hearing Examiner, Please be advised that the undersigned own and reside at 4911 Teak Wood Drive, Naples, FL 34119, please accept this correspondence in opposition to Variance Application PL20250002073 (the "Proposed Variance"). We have resided at 4911 Teak Wood Drive for over 25 years, and have been full-time year round residents of Collier County for 43 years, having raised our family here. In purchasing our property in the Logan Woods neighborhood area and building our family home, we were drawn to the residential nature of the area, and based on the areas Estates District Zoning, relied that the area would remain residential in character. See Enclosure 1, Screenshot of Collier County Zoning GIS Map The Proposed Variance flies in the face of this zoning and will severally affect our vested property rights and interests in our property in an adverse manner, negatively affect our, and our neighbors, quiet enjoyment of our properties, and contradict the intent of the areas zoning. Respectfully, the Proposed Variance should therefore be due to be denied by yourself and the Board of County Commissioners. The property owner, Isabella Fuerst Taylor, is already utilizing the property in a non- conforming manner, boarding horses and advertising the property as a wedding venue. The current Proposed Variance would now lead to an increase in traffic to allow the sale of fresh eggs in addition to, presumably, an increase in the number of horses boarded at Ms. Taylor's property. Estates District Zoning does allow for the growth of "[f]ruits, vegetables, and nursery plants" as an accessory use, but only for personal consumption or off -site retail sale, not the operation of an egg laying operation for on -site sales. See Collier Land Dev. Code §2.03.01(B)(1)(b.)(1.) The plain language of this accessory use constrains the types of use of properties in the Estates Zoning District intentionally, and to preserve the areas residential character. Further, any operation of a home -based business, like the multitude Ms. Taylor attempts to operate out of her home must be in compliance with Collier County §Land Development Code §5.02.00, et seq., which prohibits the retail sale of goods from the property and does not allow the generation of excess traffic to the property. See §5.02.03(C.) Page 181 of 263 ("The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited.") It is axiomatic that the Proposed Variance, which based on review of the submitted site plans includes the construction of 6 onsite parking spaces, will generate additional and excess traffic in the neighborhood. One must only ask themselves: "why are parking spaces needed if no additional traffic or customers are allowed to come to the property for retail sales?". Excess traffic is already an issue at Ms. Taylor's property, with horse trailers and large deliverytrucks routinely parking and blockingthe street while visiting the property. This is not only a nuisance, but also a life -safety concern. In fact, horse trailers and other large service and construction vehicles routinely part fully in the street as Ms. Taylor prohibits her vendors and invitees from parking in the portion of her property along Teak Wood to protect her landscaping in the easement', or in her driveway. See Composite Enclosure 2. This de facto prohibition by Ms. Taylor of her invitees and vendors parking on her easement and driveway impedes the egress of vehicles from our driveway, as the vehicles of Ms. Taylor's invitees and vendors must park directly across from our driveway, preventing our guests from backing out2. As Teak Wood Drive is only approximately 18 feet wide, the constant stream of large trucks and trailers functionally cut off emergency vehicles from accessing the remainder of the street; when seconds count our brave first responders need not be hampered from a quick arrival. This is already an issue due to Ms. Taylor's current operation of the property, and will only grow worse if the Proposed Variance is approved. Various photographs demonstrating this issue are enclosed herewith and fully incorporated into this submission. In conclusion, the Proposed Variance is not consistent with the areas current zoning and is due to be rejected. It is clear from the face of the application that Ms. Taylor's intent is to rely on a dubious grand -fathering in of general agricultural use of the property to operate a home -based business of horse boarding and training, egg sales, and use as a wedding venue. These uses are not in conformance with the plain language or intent of the areas zoning, are inconsistent with the customary use of the properties in the area, and willfrankly ruin the neighborhoods character and appeal. If allowed the Proposed Variance will greatly 'It should be noted and preserved for the record that invitees and vendors of Ms. Taylor routinely flaunt the 30MPH speed limit of Teak Wood Drive, a fact that will be proffered by testimony at any and all hearings. 2 This also impedes access from the United State Postal Service from accessing neighbor's mailboxes. Welsch Memorandum in Opposition Page 2 of 14 Page 182 of 263 reduce property values within the immediate area and devest the neighbors of the quiet enjoyment of their land and impair their long -held property rights. We plan to attend any and all hearings held on this Proposed Variance to voice our vehement opposition, but should you have any questions, please reach out. Respectfully Submitted, /s/ David and Denise Welsch Owners and Residents of 4911 Teak Wood Dr., Naples, Florida 34119 Enclosures (as stated) Welsch Memorandum in Opposition Page 3 of 14 Page 183 of 263 ENCLOSURE 1 Welsch Memorandum in Opposition Page 4 of 14 Page 184 of 263 COMPOSITE ENCLOSURE 2 Welsch Memorandum in Opposition Page 5 of 14 Page 185 of 263 M NJ L�At- . eor 41 3 �� tip• {'., r � � - 'wow I I W mk. _.. Y _ � ry a k a-wmp.+�y _ ell t9{ i Welsch Memorandum in Opposition Page 11 of 14 Page 191 of 263 W mk. _.. Y _ � ry a k a-wmp.+�y _ ell t9{ i PL20250002073 HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. X Application, to include but not limited to the following: X Narrative of request X Property Information X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. N/A Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) N/A Affidavit of Unified Control _X Affidavit of RepFeseRtati^^ Authorization X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) X Henn lnfeFFn t*eR (S*g R sheet eteS minutes and +.-anseFipt/eF s y) ✓ Agent Letter & Mailing List N/A Traffic Impact Study (TIS) N/A Environmental Data N/A Historical/Archeological Survey or Waiver N/A Utility Letter N/A Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Page 195 of 263 SWON-111111y"Mrs] X Boundary Survey X Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. N/A Submerged Resource Surveys may be included here if required. X flash drive with only one pdf file for all documents I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for flash drive must'contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. 9/24/2025 Signature of agent" Representative Date Zachary W. Lombardo, Esq. Printed Name of Signing Agent Representative Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\JobAides orHelp Guides Page 196 of 263 4 6— Co _ per County Growth Management Community Development Department Need Help? GMCD Publi P rN102073 Online Payment Guide E-Permitting Guides VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NAME: APPLICANT CONTACT INFORMATION Name of Property Owner(s): Isabella Fuerst Taylor Name of Applicant if different than owner: City: Address: 4840 Teak Wood Dr. Naples Telephone: c/o Agent E-Mail Address: c/o Agent State: FL ZIP: 34119 Cell: c/o Agent Fax: Name of Agent: Zachary W. Lombardo, Esq. Firm: Woodward, Pires & Lombardo, P.A. Address: 3200 Tamiami Trail N. Ste. 200 City: Naples Telephone: (239) 649-6555 Cell: State: FL Fax: ZIP: 34103 E-Mail Address: zlombardo@wpl-legal.com; kchylinski@wpl-legal.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Variance Application (VA) 3/27/24 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountyfl.gov Page 1 of 6 Page 197 of 263 PL20250002073 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 41832000004 Section/Township/Range: i 4 9 26 Subdivision: Golden Gate Estates Unit: 95 Lot: Block: The West 180 feet of Tract 115, GOLDEN GATE ESTATES UNIT NO. 95, according to the plat thereof as recorded in Plat Book 3.55 Metes & Bounds Description:9, Page 45 of the Public Records of Collier County, Florida. Total Acreage: Address/ General Location of Subject Property: 4840 Teak Wood Dr., Naples, Florida 34119 ADJALLN I LUNINU AND LAND USE Zoning Land Use N E S E E E W E Minimum Yard Requirements for Subject Property: Front: I V/~ f.t. Corner Lot: ❑ Yes X❑ No Side: N/A f.t. Waterfront Lot: ❑ Yes ❑ No Rear: N/A f.t. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Variance Application (VA) 3/27/24 Page 2 of 6 Page 198 of 263 �►��Y�.' S�I�I�Y��fLc3 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: City: State: ZIP: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: Please see attached Narrative. 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Variance Application (VA) 3/27/24 Page 3 of 6 Page 199 of 263 �►��Y�.' S�I�I�Y��fLc3 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? x❑ Yes ❑ No If yes, please provide copies. Variance Application (VA) 3/27/24 Page 4 of 6 Page 200 of 263 �►��Y�.' S•I�I•Y�•fLc3 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre -Application Meeting Notes Project Narrative Completed Addressing Checklist LJ Property Ownership Disclosure Form Conceptual Site Plan 24" x 36" and one 8 % " x 11" copy ❑ ❑ Survey of property showing the encroachment measured in feet Affidavit of Authorization, signed and notarized Ll Deeds/Legal(s) ❑ Location map Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial ❑ ❑ Historical Survey or waiver request, if applicable Environmental Data Requirements or exemption justification Once the first set of review comments are posted, provide the assigned planner with draft Agent Letter and address of property owners ❑ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Variance Application (VA) 3/27/24 Page 5 of 6 Page 201 of 263 �►��Y�.' S�I�I�Y��fLc3 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Johnson ❑ Parks and Recreation Director: Olema Edwards ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart ❑ Other: ❑ FEE REQUIREMENTS Pre -Application Meeting: $500.00 Variance Petition: 0 Residential- $2,000.00 0 Non -Residential- $5,000.00 0 5' and Subsequent Review- 20% of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 ❑ After The Fact Zoning/Land Use Petitions: 2x the normal petition fee ❑ Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Community Development Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 /s/ Zachary W. Lombardo 06/03/2025 Applicant Signature Zachary W. Lombardo, Esq Date Printed Name Variance Application (VA) 3/27/24 Page 6 of 6 Page 202 of 263 �►��Y�.' S�I�I�Y��fLc3 Narrative Statement Introduction: 4840 TEAK WOOD DR, the "Subject Property," is located within an Estates (E) Zoning District and comprises 3.55 acres. II. Variance Factors: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. The Applicant requests relief from the parking requirements of section 4.05.04 of the Collier County Land Development Code ("LDC") so a statutorily preempted home -based business may be pursued (See Section III below on Preemption). The Applicant makes this request without waiving any argument as to by -right entitlement, including but not limited to Florida statutory preemption regarding Applicant's right to farm as a bona fide farm operation enrolled in the Florida Department of Agriculture's Best Management Practices program, consistent with the preemption in section 163.3162, Florida Statutes, and section 559.995, Florida Statutes. In accordance with section 559.995, Florida Statutes, see below, and pursuant to ZVL PL20230016528, the Applicant requests a variance from the boarding stables and chicken egg sales parking requirements of section 4.05.04 of the Collier County Land Development Code ("LDC"). Specifically, the Subject Property has 7 boarding stables, see the attached images as Exhibit A, which, when not part of a home -based business, would require 3 parking spaces and the egg sales would require 1. The Applicant requests reducing this requirement to 0 as the parking is effectively provided for and so that a statutory home -based business of commercial horse boarding with periodic sports, religious, and community events, pursuant to temporary use permit, and egg sales may be pursued. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. No site alterations are planned as improved parking that conforms to the character of the Applicant's residence and the surrounding neighborhood already exists sufficient for the boarding stables in addition to the single-family home. Additionally, there is an existing perimeter landscape buffer. Both the buffer and the parking are shown on Exhibit B and the Applicant offers the maintenance of both as a condition of approval. Page 1 of 6 Page 203 of 263 �►��Y�.' S�I�I�Y��fLc3 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes, the property is not a standard 2.25-acre Estates zoned lot. It is instead approximately 3.55 acres. Additionally, the site is configured such that there is direct access to improved parking spaces sufficient for required parking behind the single-family home and near the horse barn without use of the residential driveway and without any parking in the right-of-way or in a driveway. The only limitation currently faced by the Applicant is that which is built into the LDC. Finally, Estates zoning is unique and distinct from both residential zoning and from the Rural Agricultural zoning designation. Specifically, unlike residential zoning, Estates zoning allows limited agriculture. And unlike the Rural Agricultural zoning designation, uses in the Estates zoning district are primarily residential. This results in a special condition which is that in the Estates the primary use is typically a home, and the most logical home -based business is agricultural in nature. In the case of the applicant, boarding horses and harvesting chicken eggs. b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes, the Applicant did not create the current lot size. Additionally, the applicant did not create the LDC which makes common agricultural uses like horse barns in the Estates zoning district permissible, nor did the Applicant create section 559.995, Florida Statutes, which allows home -based businesses. In turn, the Applicant has been unjustifiably restricted by the LDC in carrying out the Applicant's home -based business by the parking requirement. A requirement in which the Applicant's residence is seemingly adherent to given its current infrastructure. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, section 559.955, Florida Statutes, allows for home -based businesses and the property has sufficient room to accommodate all required parking on improved spaces outside of the right-of-way and the driveway, but because of the limitations on paper in an Estates zone, County staff has issued ZVL PL20230016528 requiring a parking variance. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Page 2 of 6 Page 204 of 263 �►��Y�.' S�I�I�Y��fLc3 Yes, the variance is the minimum variance that will make possible the reasonable use of the land because it provides for a home -based business within the livestock limits applicable to all Estates zoned lots and many estates lots, including the neighboring lot, have horse barns and vehicles in excess of residentially zoned lots. Thus, there is no appreciable difference between the use of this lot and other Estates zoning lots. For example, even an employee and/or independent contractor that takes care of the horses is a use that can take place on an Estates zoned lot, provided the underlying operation was not commercial. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No. Section 559.995, Florida Statutes, applies to all property in Collier County. Additionally, the underlying agricultural use (and the intensity of the use) is permitted by right in all Estates zoned lots. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes. "The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities." Because the limitation on the number of horses (2 per acre) is being followed and because, as this is a home -based business, the residential use is being maintained, the resulting use is low density residential in a semi -rural environment with limited agricultural activities. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No. h) Will granting the variance be consistent with the Growth Management Plan? Yes. The home -based business is rural in nature and thus conforms with the applicable Urban Golden Gates Estates Sub -element Policy 3.2.1: Rural character protection provisions shall provide for the preservation of such rural amenities as, but not limited to, wooded lots, the keeping of livestock, the ability to grow crops, wildlife activity, and low -density residential development. 4. Specific Concerns Raised in Pre-App Notes In addition to the variance factors, County Staff has enumerated 7 concerns in the pre-app notes. They are addressed below. Page 3 of 6 Page 205 of 263 �►��Y�.' S�I�I�Y��fLc3 1. The care, maintenance, and storage of any commercial equipment that may be used in conjunction with the proposed business There is no commercial equipment used for the proposed business that is distinct from any non-commercial stable. Additionally, client horse trailers are not stored on site. 2. Hours of operation, include references to visitation schedules if applicable. The hours of operation for the commercial horse boarding and egg sales are 7am to 7pm. 3. The number of persons (residents, employees, and horse owners) that can be expected at the subject location at its busiest time. As to the proposed business: 3. This is typically 1 employee/contract cleaner and usually 1-2 boarders at the same time. Daily care and feeding of the horses is handled by staff of the proposed business. 4. Outdoor lighting (if any, is it shielded from neighbors?) There is outdoor lighting and it is shielded from neighbors (note that ambient light from neighboring horse facilities is not shielded from the subject property). Pursuant to the hours of operation, lighting will not be on past 7pm. 5. Amplified sound system There is no amplified sound system associated with the commercial horse boarding or the egg sales. 6. Special events (horse shows, rodeos, weddings, etc.)? These will take place pursuant to special event permitting. That said, horse shows and rodeos will not take place. III. Section 559.995, Florida Statutes Preemption Supplement Regarding Home -Based Business: Preemption: Regulation of home -based businesses contrary to section 559.995, Florida Statutes, is explicitly preempted. "Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home -based business in violation of this section." § 559.995(1), Fla. Stat. (2024). Factors: (3) For purposes of this section, a business is considered a home -based business if it operates, in whole or in part, from a residential property and meets the following criteria: Page 4 of 6 Page 206 of 263 �►��Y�.' S�I�I�Y��fLc3 (a) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. This criterion is met. No more than two employees or independent contractors (other than remote workers) who do not reside at the residential dwelling work at the business. Additionally, the employees and/or independent contractors of the business ensure that the owners of the horses do not have to come by the property every day as their horses are being taken care of thereby reducing trips to the subject property. (b) Parking related to the business activities of the home -based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. If the variance is granted, this criterion is met. Regardless, no parking is in the right-of-way or on unimproved surfaces at the residence and, further, any heavy equipment is not visible from the street or neighboring property due to the location behind the dwelling and the existence of a perimeter landscape buffer. Additionally, client horse trailers are not stored on site. The conceptual site plan, attached as Exhibit B shows the parking locations on improved surfaces and the location of the existing landscape buffer. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home -based business must conform to the residential character and architectural aesthetics of the neighborhood. The home -based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. This criterion is met. No external modifications to accommodate the home -based business have been made to the residential dwelling. No retail transactions are being conducted at a structure other than the residential dwelling. Page 5 of 6 Page 207 of 263 �►��Y�.' S�I�I�Y��fLc3 (d) The activities of the home -based business are secondary to the property's use as a residential dwelling. This criterion is met. (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. This criterion is met. Specifically, the property is enrolled with the Florida Department of Agriculture and Consumer Services' Best Management Practices Program, see Exhibit C. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. Not applicable. Page 6 of 6 Page 208 of 263 �►��Y�.' S�I�I�Y��fLc3 Exhibit " A " Page 209 of 263 lop 6 . 4L �tn fir �►��Y�.' S�I�I�Y��fLc3 Building #3 — Two (2) Stalls Page 211 of 263 �►��Y�.' S�I�I�Y��fLc3 Exhibit it B 53 Page 212 of 263 �►��Y�.' S�I�I�Y��fLc3 41832000004 / 4840 TEAK WOOD DR SITE PLAN O I I L J PARKING SPACES e (6 Parking Spaces) _ LANDSCAPED HEDGE IZ (6—kingspores) I N Page 213 of 263 �►��Y�.' S�I�I�Y��fLc3 Exhibit it C 53 Page 214 of 263 []i-1lc'L cm. A[,gictiixt RAL V XF1-iz POLICY (850) 6I7-170G �►��Y�.' S�I�I�Y��fLc3 Tiii; 3 Ayo Butwit4c, 407 SOUTH C$LHOUN STRL11T '1 ALF AHASSEE, FLORIDA 32399-0800 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER WILTON SIMPSON Notice of Intent #320100342 Status: Active County: Collier Status2: Site Name: Faith Acres NOI Acres: 3.55 Site Description: Received Date: 3/14/2024 Address: Assigned To: Curry, Roy (curryr1) Address 2: Assisted By: Curry, Roy (curryr1) City, State, Zip: Signed By: Isabelle Fuerst-Taylor Country: Original Signature Date: 3/14/2024 BMAP Area(s): NONE Other Area(s): NONE WMD(s): South Florida WMD Priority Focus Area(s): NONE Producer Information Producer: Faith Acres LLC Phone: (808) 446-6628 Address: 4840 Teakwood Drive Fax: City, State Zip: Naples, FL 34119 Email: Bellafuerst@aol.com Are there equivalent programs that are active and in compliance that cover the entire NOI? No Other Contact Information Type Contact Name Address City State Zip Phone Contact Isabelle Fuerst- Taylor 4840 Teakwood Drive Naples FL 34119 (808) 446-6628 NOI Form/Manual Form Name Status Form Signature Date Assisted By Date Received Statewide Equine Active 3/14/2024 Roy Curry 3/14/2024 Parcel Information ;ounty Parcel Number Township Range Section Parcel Name Owner Name Owner Address Owner City Status Other NON ;oilier 41832000004 49S 26E 4 FUERST TAYLOR, ISABELLA 4840 TEAK WOOD DR NAPLES Active Cost Share Applications Applicatio FY App Date Status Program Category Sub Total Anticipate Amount Field Project Project Project n # Type Category Cost d Reimb Paid Staff Begin End Complete Page 215 of 263 d Permits and Licenses Information External Users Attached to this NOI Email / User Name Name Address City, State Bellafuerst@aol.com Faith Acres LLC 4840 Teakwood Drive Naples, FL Documents Information Form Type Conducted Date Created Date Status Created by Statewide Equine Enrollment 3/14/2024 3/25/2024 Complete jennink Practices Information Enrollment - Form: Statewide Equine, Status: Active, Signature Date: 03/14/2024, Created: 03/25/2024 1.0 Nutrient Management 1.1. Level I — Soil and Tissue Testing 1. Comply with recommended rates in OF-IFAS Circular SL-129 Not Applicable (revised April, 2009) for the forage grown. 2. Base fertilization rates for P and micronutrients on soil test- Not Applicable based recommendations from a lab that uses a method used by the OF-IFAS Extension Soil Testing Laboratory. For bahiagrass, a tissue sample must be submitted along with the soil sample. See Appendix 4 for more information on soil and tissue testing. Keep a copy of your soil and tissue test results. 3. If land applying manure or biosolids, or incorporating Not Applicable leguminous forage into the soil, use the Nutrient Budget Worksheet in Appendix 5 to account for these nutrient inputs, and adjust your fertilization program accordingly. Keep a copy of your worksheet(s). 4. Follow spill application recommendations in OF-IFAS Circular Not Applicable SL-129 (revised April 2009) for your particular forage and fertilization regime to maximize nutrient uptake and minimize leaching and runoff potential. As an alternative, use enhanced - efficiency fertilizers as practicable for your operation. 5. Avoid applying nutrients when the soil is saturated or Not Applicable inundated with water, or when heavy rain is forecasted. 6. Keep records of all nutrient applications. Include, at a Not Applicable minimum: date of application, total amount applied, acreage covered, fertilizer analysis or grade, rate per acre, and application method. 2.0 Manure Management 2.1. On -Site Manure Management and Off -Site Transport 1. Collect manure from confined areas (e.g., small paddocks and Not Applicable feeding areas) and riding trails at least monthly, and properly store the manure pending appropriate use or disposal. In the comments section of the BMP checklist describe how you utilize or dispose of collected manure and stall clean -out material. 2. If composting, use the appropriate on -site composting system In Use (free-standing pile, windrow, or bin system), based upon the amount of manure generated on -site. Using the information in Table 1, estimate the carbon -to -nitrogen ratio of manure and Page 216 of 263 other materials to be composted, so that the pile will properly PL20250002073 decompose. Ensure that adequate water sources are available to maintain pile moisture. 3. Locate manure storage areas to protect surface and Not Applicable groundwater sources in accordance with the setback distances listed in Appendix 3. 4. If using a commercial hauler to transport manure material Not Applicable offsite, maintain records (e.g. bill of lading) to document that the manure has been transported off -site. 3.0 Sediment and Erosion Control Measures 3.1. Level I — Road and Trail Maintenance 1. Stabilize access roads or trails that cross streams and creeks, In Use using rock crossings, culverts, or bridges. 2. Maintain vegetative cover on road banks. In Use 3. When constructing above -grade access roads, follow USDA- Not Applicable NRCS FOTG Conservation Practice No. 560, and locate the road(s) a minimum of 25 feet from regulated wetlands. Check with your water management district to see whether a permit is needed. 4. Level II — Crossing Retrofits Install a new culvert of the Not Applicable appropriate size, if the existing culvert is not functional. Contact USDA-NRCS or FDACS for technical assistance and/or structure -design guidance. 4.0 Pasture Management 4.1. Level I — Forage Management 1. Manage grazing of pastures based on established forage Not Applicable stubble heights (See Table 3 for guidelines) to maintain plant vigor and prevent soil erosion. 2. To ensure uniform grazing, subdivide larger pastures using Not Applicable fencing. 3. Minimize denuded areas by establishing sacrifice areas for In Use exercise, feeding (e.g., salt, mineral, and hay), and other non - forage production activities. 4. Seed and mulch denuded areas, as needed, to promote Not Applicable healthy pastures. 5. Use temporary exclusion fencing on denuded areas to allow Not Applicable for the re -growth of vegetation. 4.2. Level I — High -Intensity Areas (HIAs) 1. Route runoff around HIAs using berms or swales, and direct it In Use away from watercourses, wetlands, or sinkholes into a grassed area. 2. When there is evidence of sheetflow from an HIA, construct Not Applicable berms or swales downgradient of the HIA to slow the movement of water and reduce the transport of sediments. 3. Inspect HIAs after severe weather events to ensure that In Use associated runoff diversion mechanisms are functioning properly. Make any necessary repairs. 4. Apply appropriate aggregate materials (such as shell) in and In Use around HIAs, watering troughs, or other frequently denuded areas when excessive mud and/or erosion impacts are evident. 5. Level II — Ditch Retrofits Associated with HIAs Contact the Not Applicable USDA-NRCS County Office for assistance in correcting existing ditch or field erosion and preventing future erosion. 5.0 Stormwater Management 5.1. Level I — Stormwater Management Page 217 of 263 1. Install gutters and downspouts on all buildings adjacent to inP;Jg250002073 HIAs, and divert this water away from the HIA toward pastures or other vegetated areas. 2. Operate and maintain all stormwater management In Use conveyances (swales, ditches, and canals) to ensure that they operate as designed. 3. If you have an existing operation that does not have an ERP Not Applicable or other WMD surface water permit and has a history of downstream flooding issues, develop and implement a written stormwater management plan that provides specific responses to various types and levels of rainfall, as feasible. The goal of the plan should be a reduction in volume of off -site discharge while maintaining a healthy rooting environment. Evaluate the plan's effectiveness, and make adjustments as needed. 6.0 Water Resources Protection 6.1. Level I — Wetlands Protection 1. Install and/or maintain a minimum 25-foot non -fertilized Not Applicable vegetated buffer upland of the landward boundary of all wetlands, unless you have an existing water management district permit (ERP, MSSW) that specifies a different buffer. 2. For existing operations without an ERP that are unable to Not Applicable meet the 25-foot vegetated buffer, submit to FDACS a description of the alternative measures you will take to protect the wetlands from water quality impacts (see BMP checklist). 3. When installing fences in wetlands, minimize the use of Not Applicable mechanical equipment and keep the cleared area no wider than 12 feet on either side of the fence. Perform all fence installation work in wetlands during the dry season when there is no standing water present. 4. Level II — Channelized Discharge to Wetlands Use spreader Not Applicable swales (or other means as needed) to intercept water discharging from the ditch(es), in order to reduce flow velocities and provide sheetflow through vegetative buffers prior to reaching the wetlands. Provide to FDACS a written description of the means you will use in the comments section of the checklist. 6.2. Level I — Streams Protection 1. Install and/or maintain a riparian buffer along perennial Not Applicable streams on production areas that exceed 1-percent slope and discharge directly to the streams. Contact FDACS, NRCS, or a Technical Service Provider for assistance in properly designating the riparian buffer in accordance with USDA-NRCS Codes 390 and/or 391. 2. Locate and size any stream crossings to minimize impacts to Not Applicable riparian buffer vegetation and function. Refer to USDANRCS Stream Crossing, Code 578 for design criteria. 3. Provide adequate alternative water sources, such as watering Not Applicable troughs. 4. In pastures where animals have access to perennial streams, Not Applicable ensure that stream banks are stabilized. If you have difficulty stabilizing your stream banks, use exclusion fencing or contact NRCS for technical assistance. 6.3. Level I — Protection for First -and -Second Magnitude Springs Recharge Basins 1. Establish and/or maintain a 100-foot non -fertilized vegetated Not Applicable buffer upland of the landward boundary of springs and spring runs. Page 218 of 263 2. Establish and/or maintain a 50-foot non -fertilized vegetated N&AOR OW buffer around sinkholes and other karst features. 3. If you have a sinkhole on your property, never use it to Not Applicable dispose of used pesticide containers, manure, carcasses, spent sharps, or other materials. 6.4. Level I — Nutrient and Manure Management Setbacks 1. Do not apply fertilizer or composted manure within 50 feet of Not Applicable watercourses, lakes, wetlands, drinking water wells, or sinkholes. 2. Do not apply uncomposted manure within 100 feet of Not Applicable watercourses, lakes, wetlands, drinking water wells, or sinkholes. 3. Ensure that there is no discharge from manure storage areas In Use into watercourses, lakes, wetlands, drinking water wells, or sinkholes. Possible measures include distance setbacks and/ or constructing an impervious base (concrete or compacted clay), using a berm upgradient of the manure pile, and/or covering with a tarp or other waterproof material. Provide to FDACS a written description of the measures you are using or will use in the comments section of the checklist. 4. Manure storage areas located in a karst area must be In Use covered with a tarp or other waterproof material to prevent leaching. 6.5. Level I — Equine Activity Setbacks 1. Locate new HIAs as far from watercourses, lakes, wetlands, In Use or sinkholes as practicable for the operation. Try to achieve a distance of at least 200 feet from these resources. 2. For HIAs within 200 feet of watercourses, lakes, wetlands, or Not Applicable sinkholes, maintain or install diversion or treatment mechanisms, such as berms, vegetated filter strips, or sediment basins, or other treatment or prevention measures, between the HIA and these resources. If using filter strips (Figure 7) or sediment basins, design them in accordance with USDA-NRCS specifications. 3. Place watering troughs and supplemental feeding and mineral In Use stations as far from watercourses, lakes, wetlands, and sinkholes as practicable for the operation. Try to achieve a distance of at least 100 feet. 4. Exclude horses within a 100-foot radius of the wellheads of In Use drinking water wells. This radius can be reduced to 25 feet if the well -construction records show well -casing depths that extend through confining layers. 5. Locate riding trails a minimum of 25 feet from watercourses, Not Applicable lakes, wetlands, and sinkholes. 6.6. Level I — Well Operation and Protection 1. Use backflow prevention devices at the wellhead to prevent In Use contamination of the water source. 2. Inspect wellheads and pads at least annually for leaks or In Use cracks, and make any necessary repairs. 3. Cap or valve wells in accordance with water management Not Applicable district requirements. 4. Retrofit existing functional wells with a fence or a minimum In Use one -foot concrete collar extending from the casing, to protect them from damage. 5. Maintain records of new well construction and modifications to In Use existing wells. Page 219 of 263 7.0 Equine Watering Requirements and Sources PL20250002073 7.1. Level I — Equine Watering Source BMPs 1. Install a shut-off device on all troughs. Do not allow troughs to In Use overflow, and turn the water off when not in use. 2. Maintain all tanks, troughs, wells, and associated structures in In Use good working order. Inspect the distribution system and watering troughs for leaks at least weekly, and make any necessary repairs. 7.2. Level I — Horse Washing BMPs 1. If not using a permanent wash rack, rotate horse washing Not Applicable sites, using established turf areas to prevent mud and sedimentation problems. If necessary, portable rubber mats can be used to prevent denuding of turf areas. 2. Whether permanent or temporary washing areas are used, In Use locate them at least 50 feet away from waterbodies, wells, and domestic septic tank drain fields. Direct runoff to a well - vegetated area 8.0 Pesticide / Pharmaceutical Use 8.1. Level I — Storage, Handling, and Application of Pesticides 1. Store pesticides in a roofed structure with a lockable door, at Not Applicable least 100 feet from wells, and/or surface waters, and sinkholes. 2. When mixing pesticides in the field, conduct loading activities Not Applicable at random locations. Use a check valve or air gap separation to prevent backflow into the tank when filling a sprayer. 3. Dispose of spent needles and unused pharmaceutical Not Applicable products by using an approved biomedical container, or by following other guidance approved by the EPA. 9.0 Animal Mortality Management 9.2. Level I — Carcass Disposal Practices 1. For below -ground burial, locate any burial site at least 100 Not Applicable feet from adjacent property and at least 200 feet from watercourses, streams, wetlands, wells, or sinkholes. Burial sites should be at least 2 feet above the seasonal high ground water table and should allow for at least 2 feet of cover. Identify burial sites on a map and keep it available for future reference. 2. For above -ground burial, move dead horses to an upland area Not Applicable at least 100 feet from adjacent property and at least 200 feet from watercourses, streams, wetlands, wells, or sinkholes. Cover with 6 inches of compacted soil and at least 2 feet of additional soil. Compliance Questions Other Questions I have reviewed the FSAID layer for the enrolled parcels and Yes submitted any correction needed. Notes Page 220 of 263 INSTR 5900900 OR 5794 PG 2916 E—RECORDED 7/30/2020 2:15 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $4,375.00 REC $18.50 CONS $625,000.00 PL20250002073 Prepared by, without opinion of title: Roger B. Rice, PA 9010 Strada Steil Court Suite 207 Naples, FL 34109 239-593-1002 Heights Title Services L Estero Office 21105 Design Parc Lane, Estero, FL 33928 File #: 20-6135 Consideration: $625,000.00 ti .. (S c bcrve This Line For Rccording Dr War,ranty Deed This Warranty Deed made this A day of 4qj company whose post office address is 205 North'Siri Taylor, a single woman whose post office address is 4 (Whenever used herein the terms "grantor" and "grantee" include all individuals, and the successors and assigns ofcorporatims, trusLs and ti between Teakwood Farm LLC, a Florida limited liability 181, Bennington, VT 05201, grantor, and Isabella Fuerst �A'yood Dr. , Naples, FL 34119, grantee: instrument and the heirs, legal representatives, and assigns of Witnesseth, that said grantor, for and in consideration of the sungmb,N AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by �'ant the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantees 11t3 s,0 ;assigns forever, the following described land, situate, lying and being in Collier County, Florida to -wit: The West 180 feet of Tract 115, GOLDEN GATE ESTATI %,,, NO. 95, according to the plat thereof as recorded in Plat Book 9, Page 45 of the Public Records of C610en County, Florida. Parcel Identification Number: 41832000004 - f Together with all the tenements, hereditaments and appurtenances thereto belonging or To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawM authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2019. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime' Page 221 of 263 *** OR 5794 PG 2917 *** PL20250002073 Signed, sealed and delivered in our presence: Name: Name: State of Texas County of Dallas 0 The foregoing instrument was acknclA4 !�" Iay of July, 2020 by Philip J. company, on behalf of the company, identification. [Notary Seal] OW I AIIIINII NORTH.Notary ID A1317o9A36'My Commission Expires September a, 2022 Teakwood Farm LLC, a Florida limited liability company By: d Philip J. O' ei 1, a/k!a Phillip J. O'Neill, Member & Manager me by means of [X] physical presence or I_] online notarization, this fiber 8i Manager of Teakwood Farm LLC, a Florida limited liability rsonally known to me or [XI has produced a driver's license as `4 , Notary Public ted Name: ion Expires: .Ck Z Z Warranty Deed - Page 2 ❑oubieiime' Page 222 of 263 Co*,-r County PL20250002073 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership Isabella Fuerst Taylor - 4840 Teak Wood Dr., Naples, FL 34119 100% b. If the property is owned by a CORPORATION, list the officers and stockholders and the ercentaae of stock owned by each: Name and Address I % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the iercentage or interest: Name and Address % of Ownership 01/2023 Page 1 of 3 Page 223 of 263 Co*;r County �►��Y�.' S�I�I�Y��fLc3 0 e f g Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list then am e of the general and/or limited partners: Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the II Ill.cl J, JWt. lulu cl J, uCI ICI II.l C1I ICJ, ul F1 C1I LI MI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of lit-Cl J, II C1 l.ul Elul C1llu11, Flat l-I ICI JI lip/ ul U uJl. Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 224 of 263 Co*,rr County PL20250002073 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov /s/ Zachary W. Lombardo Agent/Owner Signature Zachary W. Lombardo, Esq. Agent/Owner Name (please print) 6/4/2025 Date 01/2023 Page 3 of 3 Page 225 of 263 ,4& Collier County Addressing Checklist GMGR22alalimflystal Land Development Code Administrative Code Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Applicant Contact Information *Name of Owner/Agent: Zachary W. Lombardo, Esq. Firm [if agent]: Woodward, Pires & Lombardo, P.A. *Address: 3200 Tamiami Trail N. Ste. 200 *City: Naples *Telephone: (239) 649-6555 Cell: *State: FL *Zip: 34103 Fax: *E-Mail Address: zlombardo@wpl-legal.com; kchylinski@wpl-legal.com Location Information *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: 41832000004 *Legal Description of subject property or properties [Attach list if necessary]: The West 180 feet of Tract 115, GOLDEN GATE ESTATES UNIT NO. 95, according to the plat thereof as recorded in Plat Book 9, Page 45 of the Public Records of Collier County, Florida. Street Address(es) where applicable, if already assigned: 4840 Teak Wood Dr., Naples, Florida 34119 Addressing Checklist 6/14/2024 Page 1 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercouniyfl.gov/ Page 226 of 263 Collier County PL20250002073 Project Information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -approval of project name and/or street name may be requested by contacting us at GMD Add ressing(q�_colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: 4840 Teak Wood Dr. Parking Variance Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Submittal Requirement Checklist Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. ❑x List of additional folio numbers and associated legal descriptions. ❑ E-mail from Addressing Official for any pre -approved project and/or street names. ❑ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Portal: https://cvportal.colliercountvfl.aov/citvviewweb Questions? Email: Front. Desk(abcolliercountyfl.gov Addressing Checklist 6/14/2024 Page 2 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercouniyfl.gov/ Page 227 of 263 �►��Y�.' S�I�I�Y��fLc3 2000. Collier Courtly Propsrty Appraises.M.-Collis,Courtly Propsrty Appraiser is.—d tc p,ov mg the most accurate—.,t--i.fo,m .,.. warran0es.xp..--.,implied are p.Ad.dforth. Late herein, Hs use, a, i5 interpretation. Page 228 of 263 �►��Y�.' S�I�I�Y��fLc3 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) 1, Isabella Fuerst Taylor (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant =contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Zachary W. Lombardo, Esq. and the law firm of Woodward, Fires & Lombardo, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. O6 /a/ laa2 Signa a ate STATE OF FLORIDA COUNTY OF COLLIER /The foregoing i trument was acknowleged before me by means of physical presence or ❑ online notarization this L✓1� day of 1(/✓Le 20 25 , by (printed name of owner or qualifier) Isabella Fuerst Taylor Such person(s) Notary Public must check applicable box: Are personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification. Notary Signature: CP\08-COA-00 1 15\1 55 REV 3/4/2020 Page 229 of 263 �►��Y�.' S�I�I�Y��fLc3 41832000004 / 4840 TEAK WOOD DR SITE PLAN O I I L J PARKING SPACES e (6 Parking Spaces) _ LANDSCAPED HEDGE IZ (6—kingspores) I N Page 230 of 263 PL20250002073 AFFIDAVIT OF COMPLIANCE PL20250002073 I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. Zachary State of Florida County of Collier Esq., jkgent for Applicant The foregoing Affidavit of Compliance was acknowledged before me this /+k day of Ak�u , 2025 by G , who is personally known to me or who has produced as identification. PU6 lid, •. (Si nature of Notary Public) r YC IOS MISSION EXP:� Q�29 Printed Name of Notary OF FLOG F•,�°' (Notary �eal) Page 231 of 263 �►��Y�.' S�I�I�Y��fLc3 -- --" WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW EST.1971 August 19, 2025 MARK J. WOODWARD Board Certified: Real Estate Law By mail and in Condominium & Planned Development Law Subject: PL20250002073 ANTHONY P. PIRES, JR. Board Certified: City, County, and Local Government Law Dear Property Owner: J. CHRISTOPHER LOMBARDO This firm represents Isabella Fuerst-Taylor, the Applicant, regarding ANTHONYF MORAL and OH Licensseeddin F application number PL20250002073. Please be advised that the sender has made a formal application to Collier County for a variance from the LENORE T. BRAKEFIELD requirements of the zoning regulations as they apply to the following KENNETH V. MUNDY described property (the "Subject Property"): ZACHARY W. LOMBARDO Board Certified: City, County, 4840 Teak Wood Dr., Naples, FL 34119 and Local Government Law You are receiving this letter because, as part of the application process, Collier County requires that notice be provided to all property owners within CRAIG R. WOODWARD Senior Counsel 150 feet of the Subject Property More specifically, Applicant is requesting a variance from Land Development Code (LDC) Section 4.05.04, Table 17 — Parking Space CAMERON G. WOODWARD Requirements, for a horse boarding stable, from one space per every two ROSS E. SCHULMAN stalls to zero; and for the on-site/off-site sale of farmed eggs from one space Licensed in FLand NY to zero; for the benefit of a property located in the Estate (E) Zoning District F. SCOTT PAUZAR, III at 4840 Teak Wood Drive to allow horse boarding, subject to the limitation CHANDLER A.KANSY of 7 horses in the Estates zoning district on 3.55 acres; on-site/off-site sale of farmed eggs, subject to the limitation of 25 total fowl or poultry in the RYAN G. WELKER Licensed in FL and OH Estates zoning district, to allow for Applicant's Home -Based Business. The property is further described as the West 180 feet of Tract 115, Golden Gate Estates, Unit No. 95, according to the plat thereof recorded in Plat Book 9, Page 45 of the Public Records of Collier County, Florida, in Section 4, REPLY TO: Township 49 South, Range 26 East, Collier County, Florida. 0 3200 TAMIAMI TRAIL N. SUITE 200 NAPLES, FL 34103 This variance should not adversely affect your property interest. 239-649-6555 239-649-7342 FAX If you would like to request additional information or have any concerns ❑ 606 BALD EAGLE DRIVE and/or questions with regard to this variance application, please do not SUITE 500 MARCO ISLAND, FL 34145 hesitate to contact me by email at zlombardo@wpl-legal.com. 239-394-5161 239-642-6402 FAX Sincer WWW.WPL-LEGAL.COM Zach(�ry,W: Ltfmbar o, Esq. Page 232 of 263 �►��Y�.' S�I�I�Y��1 rLc3 Parcelld OwnerLinel OwnerLine2 OwnerLine3 OwnerCity OwnerState OwnerZip 38287400000 KOHN, JOSEPH T=& KATIE L 4821 MAHOGANY RIDGE DR NAPLES FL 34119 41831760002 EXCEL PROP SOLUTIONS FL LLC 459 CENTRAL AVE PAWTUCKET RI 02861 41831840003 WELSCH, DAVID 1=& DEN ISE A 4911 TEAK WOOD DR NAPLES FL 34119 41831920004 FLETCHER III, JOHN C BRITTANY A PANTER 4910 TEAK WOOD DR NAPLES FL 34119 41831960006 LEONIA LIVING TRUST 230 BISCAYNE BLVD ISLAMORADA FL 33036 41832040006 VERDES, SERGIU=& GERALDINE M 4875TEAK WOOD DR NAPLES FL 34119 41832080008 BAEZ, ADOLFO A 4891 TEAK WOOD DR NAPLES FL 34119 41832120007 BAILIE, LAWRENCE G MARIANNE D BAILIE 4881 TEAK WOOD DR NAPLES FL 34119 52599000080 WAG N ER, TH ERESE AN N BETTY JCRISS 4861 TEAK WOOD DR NAPLES FL 34119 75485000401 CROSS, ELINOR V 73 SUNRISE CT NAPLES FL 34119 81740000101 KYLE, KENTIGERN S 4881 MAHOGANY RIDGE DR NAPLES FL 34119 81740000143 FAUSTINI, ANDREW=& RIKKI 15105 ESTUARY CIR BONITA SPRINGS FL 34135 Page 233 of 263 PL20250002073 8.4820 TEAK WOOD DR 10.4881 MAHOGANY RIDGE DR 12.4821 MAHOGANY RIDGE DR LEONIA LIVING TRUST KYLE, KENTIGERN S KOHN, JOSEPH T& KATIE L 230 BISCAYNE BLVD 4881 MAHOGANY RIDGE DR 4821 MAHOGANY RIDGE DR ISLAMORADA FL 33036 NAPLES FL 34119 NAPLES FL 34119 9.73 SUNRISE CT CROSS, ELINOR V 11.4871 MAHOGANY RIDGE DR 73 SUNRISE CT FAUSTINI, ANDREW& RIKKI NAPLES FL 34119-2521 15105 ESTUARY CIR BONITA SPRINGS FL 34135 4840 Teak Wood Dr. (Subject Property) — 150 Ft. Buffer 1-49211 TEAK WOOD DR EXCEL PROP SOLUTIONS FL LLC 459 CENTRAL AVE PAWTUCKET RI 02861 2.4911 TEAK WOOD DR WELSCH, DAVID J& DENISE A 4911 TEAK WOOD DR NAPLES FL 34119-2503 3.4891 TEAK WOOD DR BAEZ, ADOLFO A 4891 TEAK WOOD DR NAPLES FL 34119 4.4881 TEAK WOOD DR BAILIE, LAWRENCE G MARIANNE D BAILIE 4881 TEAK WOOD DR NAPLES FL 34119-2501 5.4875 TEAK WOOD DR VERDES, SERGIU& GERALDINE M 4875 TEAK WOOD DR NAPLES FL 34119 6.4861 TEAK WOOD DR WAGNER, THERESE ANN BETTY J CRISS 4861 TEAK WOOD DR NAPLES FL 34119-2501 7.4910 TEAK WOOD DR FLETCHER III, JOHN C BRITTANY A PANTER 4910 TEAK WOOD DR NAPLES FL 34119 Page 234 of 263 SKETCH OF BOUNDARY SURVEY 006§ 673 PROPERTY ADDRESS CERTIFIEDTO FLOOD ZONE INFORMATION DATE OF SURVEV:OS/12/2018 COMPLETION DATE: 05/1]/2018 4840 Teak Wood Drive Justin Armstrong Community D Number: 120067 DRAWN aY: M.R. CHECKED BY: K.S. Naples, FL 34119 Panel: 0402 Suffix: H ADDED SEPTIC &DRAINFIELD: 05/30/2018 Effective Date: 05/16/2012 POOL SPOT SURVEY: 07/11/2018 • Flood Zone: AH BFE: 12.5' N.A.V.D. 1988 UPDATE SURVEY: 03/26/2025 D.F. LEGAL DESCRIPTION AS FURNISHED AMENDED UPDATE SURVEY: 05/06/2025 D.F. BENCHMARK The West 180 feet of Tract 115, GOLDEN GATE ESTATES, UNIT NO.95, according to the plat thereof as recorded in LAND SERVICES, INC. Plat Book 9, Page (s) 45, of the Public Records of Collier County, Florida. 1807J. & C. Bouimrd NapIm,Florida 34309 L.B. N 7502 Tel. 239-591-0778 Benchm rklandsewices.co, TRACT113 TRACT116 1650' P. & 1650.09' M. B.R. TEAK WOOD DRIVE FND.PK TRACT 127 1ST AVE. N.W. (P.) NO I.D. IMPROVED ROAD 60' WIDE reMn1 ( ) FIND. PK NO I.D. S 89°40'S0" E 421.75' P. __ ELEV.=11.69' -3 x11.71' ----- L_1 FIND. PK FND S/8" ---------- -- MD.P - T---- NO I.D. I.R. LB7862 E M.Es. L-6 f�ouTrrR�v NO LD S 89°34'03 E 441.45' M. o OPPOSITE ---- _ _ FIND 5/8" FENCE P.R.M. (NOT FND.) 11.11S. I.R. NO I.D. 0.60' E. x 1 .5' x 12.2' x 12.9' 12.8' FENCE DETAIL: NOT TO SCALE o 13.58 N S E. 0.78' E. x 11.2' a 11.5' Co x iRf o i FENCE 130.42 S. NI1.6' n is � 0.00'W. 11.8' 6• x 11.6' c � 6MVEL 10.9X U+ DRIVE n. r � CONC. _ coxC. FENCE BLDG. 7,g7 coNC 181.845. EE DETAIL ONE STORY 0.00 W. BLDG. 82,44 .-H O „ONESTORY- _ BUILDING g840 e BUILDING' H 59.66' 97.06' GARAGE TBM#2 W M FF. ELEV. 13.37' SH2787.26' 24.a' a4.1' FENCE 59.45' $� .35 - - 267.40 S. 0.3U W. O FENCEon N 211.121. 9 E° TRACT 114 r F 0.87' W' c y SAND 2 ", Pool AREA CON[. O O 00 - N c0 B K STABLE 32.11' STABLE DRIVERS wAIR 01 �� cH Cr! DO N G STABLE LO LO J 37.40' 00 DO J 18.41' STABLE 90.93 - w L-1 = N 89°40'50" W 150' D. ' - I 12.0' DING N 89°41'33" W 149.98' M. N !71 SCREENED L-2 = S 88°23'30" W 180.10' D. °r °�° a S 88°23'45" W 180.08' M. o 0 11�" _6 REMAINDER OF L-3 = S 89°40'50" E 180' D. o m TRACT 115 TRACT 128 z z S 89°43'37" E 180.24' M. 00 HORSE ARENA L-4 = S 00°19'11" W 827.09' M. (SAND) Q L-5 = N 00°19'09" E 833.19' M. 2517CEN COVERED L-6 = S 89°39'44" E 179.99' M. 0.00' E. 11. 5' COVEREVERED 11.ERE 4' COVVERED FEEDING AREAA _ (SAND) m 34.19' 11.VERED m COm N 67.73' 53.58' FEN CEw 9.6 FENCE 0.92' N. 0.23' N. mo 'W.0.17 E. - m rND m1-2 5/8" FND 5/8" 0' S0' 100, I.R. NO I.D. GATE ESTATES UNIT NO. 32 SCALE: 1"=SCALE 00' GOLDEN SCALE: 1"= 100' BEARING BEARINGS SHOWN HEREON ARE BASED UPON A PLATTED BEARING OF SOUTH 89°40'50" EAST FOR THE CENTERLINE OF TEAK WOOD DRIVE AS SHOWN ABOVE. NOTES: 1. LEGAL DESCRIPTION PROVIDED BY OTHERS. NO EXAMINATION OF TITLE MADE BY SURVEYOR. 2. THIS CERTIFICATION IS ONLY FOR THE LANDS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE,ZONING,EASEMENTS, FREEDOM FROM ENCUMBRANCES OWNERSHIP OR I HEREBY CERTIFY THAT A SURVEY OF THEHEREON RIGHTS -OF -WAY. DESCRIBED PROPERTY WAS MADE UNDER MY DIRECTION 3. UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. WALLTIES ARE TO THE FACE OF THE WALL. TIES ARE NOT TO BE PER STANDARDS OF PRACTICE ASPER CHAPTER SJ-17.053, USED TO RECONSTRUCT BOUNDARY LINES. FENCE OWNERSHIP NOT DETERMINED. 4. NOT VALID WITHOUT THE SIGNATURE& ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ONLY VISIBLE ENCROACHMENTS LOCATED. F.A.C.& PURSUANTTO SECTION 472.027, FLORIDA 5. THIS SURVEY 15 INTENDED FOR USE BY THOSE TO W HOM IT IS CERTIFIED. STATUTES. 6. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. NO EFFORT WAS MADE TO PROVE PLAT BOUNDARIES. 7. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHT-OF-WAYS OF RECORD. 8. WHEN LOCATION OF EASEMENTS OR RIGHTS -OF -WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT IS REQUIRED, THIS INFORMATION MUST BE FURNISHED TO THE •1. DigiGll ed KennMb 5anio SURVEYOR AND MAPPER, PER FLORIDA STATUTE 51-17.052(2)4(d)4 OF THE FLORIDA ADMINISTRATIVE CODE. KenI12111 SarF IO Ysi9n by 9. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING Date: ]025.05.0710:4616-oa'op' PARTY OR PARTIES. KENNETH SARRIO 10.THE F.E.M.A. FLOOD ION E INFORMATION INDICATED HEREON IS BASED ON I NTERPRETATI IN OF MAPS SUPPLI ED BYTHE FEDERAL GOVERNM ENT. IT ISTHE PROFESSIONAL SURVEYOR AND MAPPER RESPONSIBILITY OF THE OWNER AND/OR CONTRACTOR TO VERIFY FLOOD ZONE INFORMATION AND BUILDING RESTRICTIONS PRIOR TO ANY CONSTRUCTION IS. ELEVATIONS SHOWN HEREON ARE BASED UPON N.A.V.D. 1988. OR PLANNING. PSM NO. G348 STATE OF FLORIDA LEGEND A.E. ACCESS EASEMENT E EAST M.H.W. MEAN HIGH WATER LINE P.R.M. PERMANENT REFERENCE MONUMENT x0.00' EXISTING ELEVATION B.R. BEARING REFERANCE D.H. DRILL HOLE N NORTH P.T. POINT OF TANGENCYPK PARKER-KALON NAIL x® PROPOSED ELEVATION C. CALCULATED E.O.W. EDGE OF WATER N.&D. NAIL &DISK P.U.E. PUBLIC UTILITY EASEMENT POWER POLE C.B. CATCH BASIN ELEC. ELECTRIC BOX N.R. NON -RADIAL R/W RIGHT-OF-WAY I} LIGHT POLE C.U.E. COUNTY UTILITY EASEMENT F.F. FINISHED FLOOR O.H.L. OVERHEAD LINE C.V.G. CONIC VALLEYGUTTERD. DEEDED END. FOUND P. PLAT 5 SOUTH b' FIRE HYDRANT S.D. STORM DRAIN ® WELL CAN. CABLE TV. RISER G.A. GUYANCHOR P.C. POINT OF CURVATURE T.B.M. TEMPORARY BENCHMARK 17l1 WATER VALVE C/O CLEAN OUT I.D. IDENTIFICATION P.C.C. POINT OF COMPOUND CURVATURE TEL. TELEPHONE FACILITIES D. DEEDED L.B. LAND SURVEYING BUSINESS P.E.P. POOL EQUIPMENT PAD U.E. UTILITY EASEMENT D.E. DRAINAGE EASEMENT M. FIELD MEASURED P.I. POINT OF INTERSECTION W WEST D.H. DRILL HOLE M.E.S. MITERED END SECTION P.O.C. POINT OF COMMENCEMENT W.M. WATER METER page 2 35 of 263 5 Collier County G M CPd-0YAPPFdR 1 Land Development Code Administrative Code Zoning Pre -Application Meeting Notes Petition Type: Variance (VA) Date and Time: Wed. 3/5/25 at 3 : 00 zoom Property Information Assigned Planner: John Kelly Project Name: 4840 Teak Wood Dr PL#: 20250002073 (VA) PropertylD#: 41832000004 Current Zoning: Estates (E) 4840 TeakWood Dr Naples Project Address: City:_ State: FL Zip: 34119 Applicant: Zachary W. Lombardo, WPL-Legal Agent Name: Zachary W. Lombardo Phone: 239-649-6555 Agent/Firm Address 0 Tamiami Trl N suiteCi00, NaplesState:_FL Zi 34103 Y p: Property Owner: Isabella Fuerst Taylor Please provide the following, if applicable: i. Total Acreage: 3 .55 ii. Proposed # of Residential Units: iii. Proposed # of Affordable Housing Units: iv. Proposed Commercial Square Footage: V. For Amendments, indicate the original petition number: vi. If there is an Ordinance or Resolution associated with this project, please indicate vii. the type and number: If the project is within a Plat, provide the name and AR#/PL#: Is Project within an Area of Historical/Archaeological Probability? Pre -Application Meeting Notes 6/26/2024 Page 1 of 5 Growth Management Community Development - Planning & Zoning 2800 North Horseshoe Drive - Naples, FL 34104 - 239-252-2400 - www.colliercountvtl.00v/ Page 236 of 263 Collier County PL20250002073 Meeting Notes s�. AiT+Ch 4tv P�,� .401 v vr�s - L � /� -- 0kN i y F� TTOti� r e11,� l�t , eiD t �1ATe s,Q .4 Teti v._Q C) 0An ti� r .,z vim, -�A, �3 Required: The most current Application Forms & the Property Ownership Disclosure Form are required for your submittal. Download from this link: https://www.colliercountyfl.gov/government/growth-management/divisions/planning-and- zoning- division/land-use-applications#!/ Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Pre -Application Meeting Notes 6/26/2024 Page 2 of 5 Growth Management Community Development - Planning & Zoning 2800 North Horseshoe Drive - Naples, FL 34104 • 239-252-2400 • www.colliercountvfl.gov/ Page 237 of 263 PL20250002073 Pre -Application Meeting Wednesday — March 5, 2025 at 3:OOPM VA-PL20250002073 The subject location is located within an Estates (E) Zoning District and comprises 3.55 acres. Staff understands that the applicant desires to conduct a Home -Based Business, more specifically a horse boarding facility, pursuant to Section 559.955, Florida Statutes. The Collier County Land Development Code (LDC) regulations about such businesses are located within Section 5.02.00; however, the State Statute preempts some of the standards contained within Section 5.02.03. The applicant should note such preemptions and explain how the State Statute prevails within their zoning analysis. Parking requirements are contained within LDC Section 4.05.04., Table 17. Staff finds that the number of spaces normally required for a Single -Family Residence is 2. The number of spaces required for riding and boarding stables is 1 per every 2 stalls. Staff requests the applicant provide both a site plan and a floor plan of the barn facility so that the number of stalls can be determined. The required number of parking spaces is directly relevant to the number of stalls, see above. If there are 8 stalls, the parking requirement is 2 (residence) plus 4 (1/2 number of stalls) for a total of 6 spaces. Staff notes that the keeping of horses and livestock within the E Zoning District is limited to two such animals per acre; maximum of 7 horses. The applicant is requested to provide a zoning analysis to demonstrate how the proposed use is lawful within the E Zoning District. Within the said analysis, please address each element of the State Statute and the requirements listed therein; may reference and provide the same analysis used for the previously issued Zoning Verification Letter (ZLTR-PL20230016528). Additionally, please explain how the home - based business will operate. Will the business be operated by the residents of the existing single-family residence or will there also be employees; if yes, how many? Zoning staff is specifically concerned with the following (note that this list is not all-inclusive): 1. The care, maintenance, and storage of any commercial equipment that may be used in conjunction with the proposed business 2. Hours of operation, include references to visitation schedules if applicable 3. The number of persons (residents, employees, and horse owners) that can be expected at the subject location at its busiest time 4. Daily care and feeding of the horses (by facility staff and/or by individual horse owners) 5. Outdoor lighting (if any, is it shielded from neighbors?) 6. Amplified sound systems 7. Special events (horse shows, rodeos, weddings, etc.)? In addition to the above, please refer to the attached General Guidelines for Variances, attached. Page 238 of 263 PL20250002073 Pre -Application Meeting Notes GMD - Zoning Services Planner: John Kelly (239)252-5719 John.kellygcolliercount�fl.gov VARIANCE GUIDANCE • Complete the required application; respond to each question and sign • Refer to the Final Submittal Requirement Checklist and provide/submit the required documents o All submitted plans must be legible when duplicated on 8.5" X 11" standard paper o The final recording of documents is in black and white; minimize the use of color in favor of different line types, shading, and/or cross -hatching On a sheet separate from the application, provide a "Narrative Statement" to include a detailed explanation of the variance(s) being requested; identify both existing and proposed structures, as applicable; the extent of the encroachment in feet and decimals thereof, e.g. to reduce the front yard setback from 25 feet to 18.5 feet; how the encroachment became known; and why the encroachment is necessary. Additionally, if dealing with a roofed structure, should the encroachment be greater than three feet into the applicable required yard, please check for a roof overhang as this distance will need to be compensated for as well. For After -the -fact Variances, see additional below. • On a sheet separate from the application, provide persuasive and convincing responses to each of the "Criteria for Variances" contained within LDC Section 9.04.03.a — h. (The Land Development Code may be viewed online at www.municode.com / Code Library / Florida / Collier County) • Provide an As -Built or Boundary Survey to depict any/all after -the -fact encroachments; measurements are to be in feet and decimals thereof. Such surveys should also demonstrate lot dimensions as well as the principal use of the property in question. A survey is required for After - the -Fact petitions. • Provide a Site Plan, drawn to scale, to depict any/all proposed construction with all measurements in feet and decimals thereof. Note that a certified site plan will be required during the permitting process; it is suggested that the same plan that is used for this variance request be used for permitting purposes. A Site Plan is required for proposed structures. • For After -the -Fact Variance requests, please provide Building Permit information, including approved permits, approved site/concept plans, surveys, and Certificates of Occupancy/Completion — if applicable. • Note that in lieu of conducting a Neighborhood Information Meeting (NIM) the applicant is responsible for mailing an "Agent Letter" to each property owner and homeowners' association located within 150 feet of the subject property. • The applicant is responsible for the posting of a public hearing sign or signs on properties comprising one acre or more; County staff will be responsible for public hearing signs on properties of less than one acre. 09/05/2023 Page 239 of 263 �►��Y�.' S�I�I�Y��fLc3 John Kelly From: Heidi Ashton Sent: Wednesday, March 5, 2025 1:59 PM To: John Kelly Cc: Michael Bosi; Ray Bellows Subject: 4840 Teak Wood Drive CELU20232228888 John, These are my notes on how to go forward after getting input from Mr. Klatzkow. 4840 Teak Wood Drive CELU20232228888 ZVL PL20230016528 Agent: Zachary W. Lombardo, Esq. ZVL Planner: Parker It is our firm's opinion that in the Estates zoning district- commercial horse boarding at a volume of 2 or less horses per acre, and the sale of on -site farmed chicken eggs, provided there are not more than 25 chickens on site, are preempted home -based business uses and thus permitted uses. subject to Florida's statutory requirements. Met with Mike, Parker and Derek: 1-17-24: The parking requirement dictates 7 stalls which requires more parking than that for a residence, disqualifying the stable from the home based business preemption, but if a variance were obtained to relieve the LDC parking requirement, then the stable could qualify as a home based business under the statute. I-te�d� .4shtov�Cicf�o Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-g773 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. � U.Q- '!� 6,- Page 240 of 263 Collier County PL20250002073 Meeting Notes -Continued i Note]: If site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Department along with a request that they send us a letter or email of "no objection " to the petition. Bob Middleton RMiddletonaa,naples o�om ,Allyson Holland AMHolland(amaplesgov.com, Robin Singer RSinger(amaplesizov.com, Erica Martin emartin(amaplesgov.com Note2: 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. Pre -Application Meeting Notes 6/26/2024 Page 3 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountytl.gov/ Page 241 of 263 Collier County PL20250002073 Zoning Pre -Application Meeting Sign -In Sheet PL# 20250002073 Collier County Contact Information: Name Review Discipline Phone Email ❑ Mike Bosi Division Director-Planning&Zoning 252-1061 Michael.Bosi@colliercountyfl.gov V Ray Bellows Manager— Planning & Zoning 252-2463 raymond.bellows @colIiercountyfLgov ❑ Richard Henderlong Zoning -Planner III 252-2464 rchard.henderlong@colliercountyfl.gov ❑ Laura DeJohn Zoning - Vendor 252-5587 Lau ra.dejohn@colliercountyfLgov /John Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov ❑ Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov ❑ Nancy Gundlach, AICP Zoning — Plannerlll 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Eric Ortman Zoning — Planner III 252-1032 Eric.Ortman@colliercountyfl.gov ❑ Sean Sammon Zoning — Planner III 252-8422 Sean.sammon@colliercountyfl.gov ❑ Maria Estrada Zoning Planner II 252-2408 Maria Estrads@colliercountyfl.gov ❑ Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov Y Thomas Clarke Zoning - Operations Analyst 252-2526 thomas.clarke@colliercountyfl.gov ❑ Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony.stoltz@colliercountyfl.gov ❑ Drew Cody Utility Planning — Project Mgr III 252-2917 Drew. cody@col IiercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 bra ndi.pollard @colliercountyfLgov J Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich@colliercountyfl.gov J Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov _I Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov Ll Michael Gibbons Structural/Resident Plan Review 252-2426 michael.gibbons@colliercountyfl.gov U Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov U Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@colliercountyfl.gov Sean Lintz Battalion Chief - N. Collier Fire 597-9227 slintz@northcollierfire.com J Bryan Horbal Captain — N. Collier Fire 552-1367 Bryan. horbaI@colliercountyfLgov LI Daniel Turner Plan Examiner - N. Collier Fire 252-2521 Daniel.turner@colliercountyfl.gov LI Linda Naples Sr. Plan Examiner— N. Collier Fire 252-2311 Linda. naples@colliercountyfLgov Shar A. Beddow Dep. Fire Marshal - Gr Naples Fire 241-1422 sbeddow@gnfire.org Thomas Mastroberto Gr. Naples Fire Site Plans Rev. III 252-7348 thomas.mastroberto@colliercountyfl.gov Heidi Ashton-Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek. perry@colIiercountyfLgov James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov Parker Klopf GMP—Comp Planning — Planner III 252-2471 Parker.klopf@colliercountyfl.gov C_I Jessica Malloy GMP-Comp Planning -Planner II 252-4329 Jessica.malloy@colliercountyfl.gov ❑ Stephenne Barter GMP—Comp Planning — Planner II 252-7707 Stephen ne.barter@colIiercountyfLgov Pre -Application Meeting Notes 6/26/2024 Page 4 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.co11icrcountvtl.gov/ Page 242 of 263 Collier County PL20250002073 ❑ Michele Mosca,AICP Community Development Planner III 252-2834 Michele.mosca@colliercountyfl.gov ❑ Craig Brown Environmental Review -Mgr. 252-2548 craig.brown @colliercountyfLgov ❑ Alexandra Mitchel Environmental Specialist 252-2907 Alexandra. Mitchel @coiliercountyfLgov ❑ David Roe Environmental Specialist 252-2915 David. Roe@colliercountyfLgov ❑ Lauren Murray Environmental Specialist 252-2306 Lauren.murray@colliercountyfl.gov ❑ John Houldsworth Engineering Subdivision Vend. 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jocelyn Nageon De Lestang, P.E. Engineering - Stormwater 252-2434 Jocelyn.Na eondeLesta ng@colliercount fl. ov r Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Cormac Giblin, AICP Division Director— Economic. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov ❑ Sarah Harrington Manager —Planning 252-4211 Sarah. harrington@colliercountyfLgov ❑ Jamie Cook Division Director- Development Review 252-6290 Jaime.cook@colliercountyfl.gov ❑ Lisa Blacklidge Development Review Manager- Planning 252-2758 Lisa. blacklidge@colliercountyfLgov ❑ Christine Willoughby Planner III 252-5748 christine.willoughby@colliercountyfl.gov ❑ Brett Rosenblum-P.E. Development Review— Su ervisor Project Mgr. 252-2905 brett.rosenblum@colliercountyfl.gov ❑ Mark Templeton Landscape Review — Planner III 252-2475 mark.templeton@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Gino Santabarbara Impact Fees — Planner III 252-2925 Gino.santabarbara@colliercountyfl.gov ❑ Diane Lynch Management Analyst 1 252-4283 diane.lynch@colliercountyfl.gov ❑ Renald Paul Client Services 252-2443 Renald.paul@colliercountyfl.gov Ll Connie Thomas Client Services -Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email _OAC4,1_0m &A'40 w Pi-- L - &. ^-L Pre -Application Meeting Notes 6/26/2024 Page 5 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercounta.gov/ Page 243 of 263 Pre-App Zoom Attendance: Meeting Date: Wed. 3/5/25 at 3:00 ZOOM �►��Y�.' S�I�I�Y��fLc3 4840 Teak Wood Dr. (VA) - PL20250002073 Planner: John Kelly 19 Participants (5) — ❑ X thomas Clarke (Host, r»e1 Q F 0 ashton_h Q 01 kellyjohn Ray Bellows, Zoning Manager Z Lombardo Page 244 of 263 �►��Y�.' S�I�I�Y��fLc3 collier co��,,�y Growth Management Community Development Dept. ZONING STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING Meeting Date: Wed. 3/5/25 at 3:00 Zoning Operations Staff: Thomas Clarke 4840 Teak Wood Dr. (VA) - PL20250002073 Planner• John Kelly • Applicant Submitting Request: Zachary W. Lombardo — WPL-Legal 239-649-6555 zlombardo@wpl-legal.com • Agent to list for PL# Zachary W. Lombardo — WPL-Legal • Owner of property (all owners for all parcels) Isabella Fuerst Taylor • Confirm Purpose of Pre-App: Standard Variance(VA) • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): n/a • Details about Project: Seeking relief from the parking requirements of section 4.05.04 of the Collier County Land Development Code so a statutory home -based business may be pursued. Cancellation/Reschedule Requests: Contact Connie Thomas- Supervisor — Permitting Consuela.thomas@colIiercountVfl.gov - Phone: 239-252-2473 Created April S, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Page 245 of 263 PL20250002073 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance — Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre -Application Meeting Notes Project Narrative Completed Addressing Checklist Property Ownership Disclosure Form Conceptual Site Plan 24" x 36" and one 8 % " x 11" copy Survey of property s owing t e encroachment (measured in eet Affidavit of Authorizationsigned and notarized Deeds/Legal(s) Location map Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial El Historical Survey or waiver request, if applicable Environmental Data Requirements or exemption justification Ll Once the first set of review comments are posted, provide the assigned with draft Agent Letter and address of property owners El Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. Z ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Variance Application (VA) 3/27/24 Page �i of 6 Page 246 of 263 PL20250002073 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Johnson ❑ Parks and Recreation Director: Olema Edwards ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart ❑ Other: ❑ FEE REQUIREMENTS CY Pre -Application Meeting: $500.00 V Variance Petition: d Residential- $2,000.00 o Non -Residential- $5,000.00 0 5th and Subsequent Review- 20% of original fee SAV Z " Estimated Legal Advertising Fee for the Office of the Hearing Examiner: ❑ After The Fact Zoning/Land Use Petitions: 2xthe normal petition fee Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: yY ` Q' 17 a Lp F v�QRy� Applicant Signature Printed Name Growth Management Community Development Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Date Variance Application (VA) 3/27/24 Page 6 of 6 Page 247 of 263 PL20250002073 M Colk�ew County Growth Management Department Zoning Services Section January 24, 2024 Zachary W. Lombardo Woodward, Pires, & Lombardo, P.A. 3200 Tamiami Trail N. Suite 200 Naples, FL 34103 ZLTR- PL20230016528; Zoning Verification Letter for the property located at 4840 Teak Wood Dr. AKA Golden Gate Estates Unit 95 W 180 ft of Tract 115 in Section 4, Township 49, Range 26 of unincorporated Collier County, Florida. Property ID/Folio Number: 41832000004, consisting of 3.55 acres Mr. Lombardo, This letter is in response to a Zoning Verification Letter (ZLTR) Application that you submitted on or about November 29t', 2023. The applicant has requested verification that commercial horse boarding at a volume of 2 or less horses per acre and the sale of on -site farmed chicken eggs, provided there are not more than 25 chickens on onsite are preempted home based business uses and thus permitted uses. Determination: According to the current zoning map the subject property is zoned Estates (E). The principle permitted uses in the Estates district include single family residential development with agricultural uses such as the keeping or poultry and horses designated as accessory to the permitted residential use. Home based businesses are subject to Florida Statute 559.955(3)(b) which states "Parking related to the business activities of the home -based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted." It is possible that all the horse owners/riders of the boarded horses could be at the stable at the same time. According to the parking requirements in the Land Development Code (LDC 4.05.04) boarding stables require 1 parking space per 2 stalls and with seven stalls available for boarding. The Code requirement of three additional required parking spaces would distinguish the subject property from other Estates properties and disqualify it from the home -based business statutory pre-emption However, if a variance were obtained through a public hearing to relieve the LDC parking requirement, then the stable could qualify as a home -based business under the statute. In regard to on-site/off-site sale of farmed chicken eggs the Estates zoning district states permits the" Keeping of fowl or poultry, not to exceed 25 in total number" as an accessory use. However, it is the opinion of zoning staff that the onsite sales would run into the same problem that horse boarding would by generating the need for 1 more parking than would normally be expected at a similar residence where no business is conducted, thus only off -site sales of eggs would be permitted from the subject property. Again, if a variance were obtained through a public hearing to relieve the Code -required parking requirement, then onsite sale of farmed eggs could qualify as a home -based business under the statute. The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, ^10, NU Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Page 248 of 263 Zoning Verification Letter ZLTR-PL20230016528 PL20250002073 Page 2 of 2 concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may appeal or request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.0l.A. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact the GMD Records Section at (239)252-5730. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court's website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, please do not hesitate to call my office at (239) 252-2471. Researched and prepared by: ,.°°-L°s KIopfParker - �Roa o�m° °° °°�` :=FL. 1— 71 Parker Klopf, Planner Zoning Services Section Reviewed by: bellows r Digitally signed by _r 1 Date: 2024.01.25 09:32:49:32:48 —-05,00, Raymond Bellows, Zoning Manager Zoning Services Section Digitally signed by BosiMichael Date: 2024.01.25 07:59:30 -05'00' Michael Bosi, Zoning Director Zoning Services Section Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov Page 249 of 263 12/6/23, 1:39 PM Collier County Property Appraiser Collier County Property Appraiser Property Summary Site Address I4840 TEAK WOOD Parcel No 41832000004 *Disclaimer DR Site City NAPLES Name / Address FUERST TAYLOR, ISABELLA 4840 TEAK WOOD DR PL20250002073 Site Zone 34119 *Note City I NAPLES I State I FL I Zip 134119 I Map No. Strap No. Section Township Range Acres *Estimated 41304 355900115141304 4 49 26 3.55 Legal GOLDEN GATE EST UNIT 95 W 18OFT OF TR 115 Millage Area ■ 46 Millage Rates 4 *Calculations Sub./Condo 355900 - GOLDEN GATE EST UNIT 95 School Other Total Use Code 8 1 - SINGLE FAMILY RESIDENTIAL 4.292 6.0197 10.3117 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 07/29/20 5794-2916 $ 625,000 07/28/20 5794-2914 $ 0 04/23/18 5503-1014 $ 587,500 02/23/15 5127-901 $ 550,000 06/01/06 4047-1132 $ 950,000 09/07/02 3105-2882 $ 260,000 01/20/95 2022-1330 $ 120,000 03/01/87 1255-1648 $ 0 01/01/84 1063-867 $ 78,300 06/01/80 872-932 $ 0 2023 Certified Tax Roll (Subject to Change) Land Value $ 930,100 (+) Improved Value $ 350,089 (_) Market Value $ 1,280,189 $ 704,507 (-) Save our Home (_) Assessed Value $ 575,682 (-) Homestead $ 25,000 (_) School Taxable Value $ 550,682 (-) Additional Homestead $ 25,000 (_) Taxable Value $ 525,682 If all Values shown above equal 0 this parcel was created after the Final Tax Roll https://www.collierappraiser.com Page 250 of -V63 12/6/23. 1:39 PM Collier County Property Appraiser Collier County Property Appraiser Property Aerial Parcel No 41832000004 Site Address 4840 TEAK WOOD Site City NAPLES *Disclaimer DR Open GIS in a New Window with More Features. ;a MIX--11I110,201c3 Site Zone 34119 *Note https://www.collierappraiser.com Page 251 of M63 PL20250002073 Page 252 of 263 �►��Y�.' S�I�I�Y��fLc3 WOODWARD. PIRES & LOMBARDO. P.A. EST.1971 ATTORNEYS AT LAW October 31, 2023 MARK J. WOODWARD Board Certified: Real Estate Law and in Condominium By email & Planned Development Law ANTHONY P. PIRES, JR. J. Klatzkow; H. Ashton-Cicko Board Certified: City, County, and Local Government Law County Attorney's Office J. CHRISTOPHER LOMBARDO Collier County Jeff.Klatzkowa-colliercountyfl.gov; Heidi.Ashtona_colliercountyfl.gov ANTHONY J. DIMORA Licensed in FL and OH LENORE T. BRAKEFIELD Subject: Notice of Preemption: Home Based Horse Boarding/Chicken Egg Business in the Estates District, Including 4840 Teak Wood Drive relative to CRAIG R. WOODWARD Senior Counsel CELU20232228888 Board Certified: Real Estate Law Mr. Klatzkow, This firm represents Ms. Isabella Fuerst, the owner of 4840 Teak Wood KENNETH V. MUNDY Drive, which is zoned Estates, see section 2.03.01.13, Collier County Land ZACHARY W. LOMBARDO Development Code ("LDC"). Board Certified: City, County, and Local Government Law It is our firm's opinion that in the Estates zoning district, commercial horse CAMERON G. WOODWARD boarding at a volume of 2 or less horses per acre, and the sale of on -site ROSS E. SCHULMAN farmed chicken eggs, provided there are not more than 25 chickens on site, Licensed in FL and NY are preempted home -based business uses and thus permitted uses, F. SCOTT PAUZAR, III subject to Florida's statutory requirements. The applicable statute, section 559.955, Florida Statutes, preempts local REPLY TO: government regulation of a home -based business in violation of section Q 3200 TAMIAMI TRAIL N. 559.955, Florida Statutes. SUITE 200 NAPLES, FL 34103 239-649-6555 The home -based business statute applies to areas zoned for residential 239-649-7342FAX use. The Estates district, section 2.03.01.13, LDC, is an area zoned for ❑ 606 BALD EAGLE DRIVE residential and agricultural use, thus, it is an area that is zoned for SUITE 500 MARCOISLAND, FL34145 residential use for the purposes of section 559.955, Florida Statutes. The 239- zoningdistrict allows single-family homes as a permitted use and states in g y F 239-642-64026402 FAX its intent: "[t]he purpose and intent of the estates district (E) is to provide WWW.WPL—LEGAL.COM lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities." § 2.03.01.13, LDC. Page 253 of 263 PL20250002073 The criteria enumerated in section 559.995(3), Florida Statutes, that must be met for home -based businesses are as follows: (a) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home - based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. Note that as agricultural uses such as keeping of horses are accessory uses in the Estates district, agricultural vehicles and equipment, such as horse trailers, are typical in the Estates zoning district and cannot be regulated more than neighboring properties which can also have horse trailers, etc. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home -based business must conform to the residential character and architectural aesthetics of the neighborhood. The home -based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. Because all contemplated agricultural uses here are accessory uses in the Estates district, there is nothing inconsistent with the residential areas that surround the Page 2 of 3 Page 254 of 263 PL20250002073 property as the surrounding properties may also have barns, horses, chicken coops, and chickens. (d) The activities of the home -based business are secondary to the property's use as a residential dwelling. (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. In conclusion, while horse boarding and/or egg selling may not be allowed in a residential single-family district as a home based business due to statutory limitations on neighborhood consistency, uniquely in the Estates district, because horses and chickens are specifically allowed as a matter of right as accessory uses, a home based business involving both is consistent with the neighborhood and is thus allowed as a result of the State of Florida's preemption in section 559.955, Florida Statutes. Sincerely, Zachary W. Lombardo, Esq. Page 3 of 3 Page 255 of 263 12/15/23, 1:23 PM Statutes & Constitution :View Statutes : Online Sunshine PL20250002073 Select Year: 2023 v Go The 2023 Florida Statutes (including Special Session Q Title XXXIII Chapter 559 View Entire REGULATION OF TRADE, COMMERCE, REGULATION OF TRADE, COMMERCE, Chapter INVESTMENTS, AND SOLICITATIONS AND INVESTMENTS, GENERALLY 559.955 Home -based businesses; local government restrictions.— (1) Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home -based business in violation of this section. (2) A home -based business that operates from a residential property as provided in subsection (3): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government's jurisdiction, except as otherwise provided in this section. (c) Is only subject to applicable business taxes under chapter 205 in the county and municipality in which the home -based business is located. (3) For purposes of this section, a business is considered a home -based business if it operates, in whole or in part, from a residential property and meets the following criteria: (a) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home -based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right- of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home - based business must conform to the residential character and architectural aesthetics of the neighborhood. The home -based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (d) The activities of the home -based business are secondary to the property's use as a residential dwelling. (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.955.htmi Page 256 of A3 12/15/23, 1:23 PM Statutes & Constitution :View Statutes : Online Sunshine regulations on a business with respect to the use, storage, or disposal of any corrosive, combustibleL28F58RgP73 hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. (4) Any adversely affected current or prospective home -based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge may recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable appellate attorney fees and costs. (5) The application of this section does not supersede: (a) Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. (b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s. 509.013(4)(a)1., that are not otherwise preempted under chapter 509. History.—s. 1, ch. 2021-202. Copyright © 1995-2023 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0559/Sections/0559.955.htmi Page 257 of M3 �►��Y�.' S�I�I�Y��fLc3 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on -site or off -site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on -site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on -site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on -site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. (Ord. No. 05-27, § 3.DD) (Supp. No. 27) Created: 2023-08-31 09:40:21 [EST] Page 1 of 1 Page 258 of 263 PL20250002073 (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OF 0,0 11t'e(— BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED _ Z0-CAO-Q9 W . (—o Mbar d o WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER 2o2500 SIGNATUIZ OF AGENT 3200 tat rn i arK: ``r Al. Sic. 2oc) STREET OR P.O. BOX NAME (TYPtD OR PRINTED) CITY, STATE, ZIP STATE OF FL RIDA COUNTY OF It ( C%/ The foregoing instrument was sworn to and subscribed before me this day of 2 , 201.5. by Z1dC, N JAI. LOM6rjo personally known to me or who produced as identification and who did/did not take an oath. ,,CHYL/ Ply PUB4/,c•• �OMM1SS10N 9 XpIREs 3-��-202 My Commission Expires: (Stamp with serialnumber) Signature of Notary Public 1�,-110— C. &IM Printed Name of Notary Pu 'c Rev. 3/4/2015 Page 259 of 263 F 10/9/2025 Item # 3.1) ID# 2025-3619 THIS ITEM WILL BE HEARD AT A FUTURE DATE- PETITION NO. VA-PL20250003358 - Request for a proposed 9.6-foot variance from the required front yard setback of 25 feet as provided for in the Audubon Country Club Planned Unit Development (PUD) Zoning District, Ordinance 91-53 as amended. The request is to allow a garage addition with a setback of 15.4 feet from the front property line located 569 Portsmouth Court in Section 9, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Laura Dejohn , Planner III] Commissioner District 2. ATTACHMENTS: 569 Portsmouth CT (VA) PL20250003358- published ad Page 261 of 263 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 1:00 P.M., October 9, 2025, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. VA-PL20250003358 — REQUEST FOR A PROPOSED 9.6-FOOT VARIANCE FROM THE REQUIRED FRONT YARD SETBACK OF 25 FEET AS PROVIDED FOR IN THE AUDUBON COUNTRY CLUB PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT ORDINANCE 91-53 AS AMENDED. THE REQUEST IS TO ALLOW A GARAGE ADDITION WITH A SETBACK OF 15.4 FEET FROM THE FRONT PROPERTY LINE LOCATED 569 PORTSMOUTH COURT IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Fore t DR u ' 0ut�' �. ' Project G Bendey DR _ _ Location �r L Wei All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division; 2800 North Horseshoe Drive, Naples, FL 34104. Page 262 of 263 As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows(iDcolliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 263 of 263