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HEX Agenda 11/13/2025COLLIER COUNTY Hearing Examiner AGENDA Hearing Examiner Conference Room 609/610 2800 North Horseshoe Drive Naples, FL 34104 November 13, 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.Padron@CollierCountyFL.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. PL20250009732- CUD - Tamiami Trail Greenway Road MPUD - Request for a Determination that use of Group Care Facilities (Hospice) (Sic 8361) is comparable and compatible with the permitted uses in Tract “C” of the MPUD (Ordinance No. 25-06) District. The subject property is a vacant commercial parcel with Folio No. 00739160004, Naples, FL 34114, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commission District 1 (2025-4530) 3.B. PETITION NO. PL20240004122 - BLCD - 155 Windward Cay - Request to approve a Boat Lift Canopy Deviation for a second 27-foot by 18.5-foot boat lift canopy in addition to the allowed 35-foot by 21-foot boat lift canopy on a canal-front lot pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located at 155 Windward Cay, further described as Lot 50, Port of the Islands (The Cays) Phase II, in Section 9, Township 52 Page 1 of 409 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 1 (2025-4563) 3.C. PETITION NO. PL20250001596 - BLCD - 2620 Riverview Drive - Request for a Boat Lift Canopy Deviation to increase the allowable length, from 35 feet to 40 feet, and height, from 12 feet to 14 feet, for a boat lift canopy measuring 40 feet long by 18 feet wide and 14 feet in height on a canal-front lot, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located at 2620 Riverview Drive, further described as Lots 14 and 15, Block 4, Gulf Shores subdivision, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 4 (2025-4564) 3.D. PETITION NO. PL20250000214 - VA - 4160 1st Avenue SW - Request for an after-the-fact variance from Land Development Code (LDC) Section 4.02.01.A, Table 2.1, to reduce the required western side yard from 30 feet to 26.3 feet to allow for the continued existence of a 12-foot by 24-foot utility shed and to allow a further reduction of said side yard to 24.8 feet to accommodate the structure’s 1.6-foot roof overhang within the Estates (E) Zoning District. The subject property is located at 4160 1st Avenue SW and further described as the East 165 feet of Tract 90, Golden Gate Estates, Unit No. 1, in Section 10, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 3 (2025-4569) 3.E. PETITION NO. PL20250003605 -SV - 5351 Airport Road North - Request for a sign variance from Land Development Code (LDC) Section 5.06.04.F.4.a. to increase the display area for an on-premise wall sign for a unit within a multiple-occupancy parcel from 20 percent of the square footage of the visual façade not to exceed 150 square feet for buildings or units up to 24,999 square feet to instead allow a 193.7 square foot wall sign for Sprouts Farmers Market located in Ridgeport Plaza at 5351 Airport Road North in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 (2025-4544) 3.F. PETITION NO. PL20250008001-ADA- 2323 Pine Street - Appeal by Strons, Inc. of the Administrative Approval of Pine Ridge Car Wash Site Development Plan PL20230001721, citing failure to comply with site design standards required by Land Development Code. The subject property is located at the southeast corner of Pine Street and Tamiami Trail East, also identified as 2323 Pine Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida.[Coordinator: Michael Bosi, Division Director] Commissioner District 4 (2025- 4506) 4. New Business 5. Old Business 6. Public Comments 7. Adjourn Page 2 of 409 11/13/2025 Item # 3.A ID# 2025-4530 PETITION NO. PL20250009732- CUD - Tamiami Trail Greenway Road MPUD - Request for a Determination that use of Group Care Facilities (Hospice) (Sic 8361) is comparable and compatible with the permitted uses in Tract “C” of the MPUD (Ordinance No. 25-06) District. The subject property is a vacant commercial parcel with Folio No. 00739160004, Naples, FL 34114, in Section 12, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commission District 1 ATTACHMENTS: 1. PL20250009732- Staff Report - Tamiami Trail Greenway Road MPUD 2. Attachment A - Legal Description 3. Attachment B - Ordinance 25-06 4. Attachment C - Trip Generation Computations 5. Attachment D - Tamiami Trail Greenway Road MPUD Master Plan 6. Attachment E - Legal Ad -Published 10/24/2025 7. Attachment F - Backup Package 8. Tamiami-Trail-Greenway PL20250009732- published ad Page 3 of 409 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 13, 2025 SUBJECT: TAMIAMI TRAIL GREENWAY ROAD MPUD, COMPARABLE USE DETERMINATION (CUD), CUD- PL20250009732 PROPERTY OWNER/AGENT: Applicant/Owner: Agent: SREG Greenway LLC Wayne Arnold, AICP 2210 Vanderbilt Beach Rd, Q. Grady Minor and Associates, LLC Suite 1201 3800 Via Del Rey Naples, FL 34109 Bonita Springs, FL 34134 REQUESTED ACTION: Request for a determination that the proposed use of “Group Care Facilities” (Hospice) (SIC 8361) is comparable and compatible with the permitted health-related uses in Tract “C” of the Tamiami Trail Greenway Road Mixed Plan Unit Development (MPUD) Zoning District GEOGRAPHIC LOCATION: The subject property is a vacant commercial parcel with Parcel ID 00739160004, Lots 1, 2, 3, 4, 5, 6, and 7 of an unrecorded Plat, which sits on the north side of the ROW Tamiami Trail East, Section 12, Township 51 South, Range 26 East, Collier County, Florida. CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 1 of 8 Page 4 of 409 Petition Number: PL20250009732 CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 2 of 8 Page 5 of 409 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property. The subject property has a zoning designation of Industrial (I). North: Tamiami Trail Greenway Road MPUD, “Tract R” East: Developed Commercial Intermediate District (C-3) zoning designation. South: Tamiami Trail E ROW and developed residential with a zoning designation of Paradise Point R.V. Resort Plan Unit Development (PUD) and Marco Shores/ Fiddler’s Creek Plan Unit Development (PUD) West: Undeveloped Agricultural (A) zoning designation Aerial Map – Collier County Property Appraiser CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 3 of 8 Page 6 of 409 PURPOSE AND DESCRIPTION OF PROJECT: The proposed development involves a Hospice facility covering approximately 25,000 square feet on a 4-acre site within the commercial tract of the Tamiami Trail Greenway Road Mixed Planned Unit Development (MPUD). The Hospice aims to provide outpatient, in-home, and inpatient palliative care for individuals with terminal illnesses. Upon reviewing the permitted uses outlined in Ordinance 25-06, it is noted that Group Care Facilities (which include assisted living facilities, nursing homes, and continuing care retirement communities) are not explicitly listed. However, various health-related uses are allowed, such as in physician offices and home health services. According to the Growth Management Plan amendment (Ordinance 25-05), the subdistrict permits up to 64,000 square feet of Commercial Intermediate (C-3) uses, which aligns with the MPUD's stipulation. The C-3 zoning district allows Group Care Facilities outright, and all commercial zoning districts (C-1 to C-5) permit these types of facilities as well. The applicant asserts that a Hospice should be included in this category, as it serves a function similar to those outlined in the Land Development Code (LDC) for Group Care Facilities. The facility will provide services such as pain management, counseling, physical and occupational therapy, and caregiver support, which overlap with the services offered by other permitted health facilities in the MPUD. Additionally, the Hospice facility will be designed to adhere to the county’s site design and architectural standards, maintaining compatibility with other commercial services while requiring minimal outdoor activity. Traffic analysis by Mr. James Banks, P.E., indicates that the Hospice will generate significantly fewer vehicle trips compared to other permissible uses in the MPUD. Although there is no specific Institute of Transportation Engineers (ITE) rate for Hospices, the trip generation was estimated using data from assisted living facilities as a benchmark. Estimates suggest that the Hospice would generate only 12 peak-hour trips, in clear distinction to the 99 peak-hour trips associated with a medical office building. Overall, the proposal for the Hospice facility is positioned not only as compatible with existing commercial uses but also as a necessary addition to the community's healthcare resources, generating less traffic than other permitted developments and performing essential social service roles. STAFF ANALYSIS: The existing permitted uses list within the MPUD, as outlined in Ordinance 25-06, does not explicitly include Group Care Facilities such as Hospices. However, it encompasses a range of CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 4 of 8 Page 7 of 409 Health-related uses, including physician offices and home health services, allow for a broader interpretation of services offered within the commercial tract. A Hospice facility is a comparable use to those already permitted under the health services category in the MPUD. The analysis highlights that, similar to physician offices and other permitted health facilities, Hospices provide essential health services that align with the objectives of the MPUD. C-3 zoning district, which applies to the MPUD, permits Group Care Facilities by right across various commercial zoning classifications. As Hospices typically fulfill the criteria of a Group Care Facility, it is reasonable to conclude that their inclusion aligns with established zoning practices. The Hospice facility is designed to provide outpatient care, in-home assistance, and inpatient services, focusing on palliative care and pain management while supporting families. It aligns with existing services in the MPUD and adheres to county architectural standards, featuring minimal outdoor activities and green spaces for patient relaxation. A traffic generation analysis indicates that the Hospice will generate fewer vehicular trips during peak hours than other commercial uses, suggesting a minimal impact on local traffic, similar to that of assisted living facilities. The proposed development of a Hospice facility within the Tamiami Trail Greenway Road MPUD aligns with the health-related objectives of the planning framework. Although it is not explicitly listed among the permitted uses, our analysis suggests that a Hospice facility is a comparable use in the context of the existing health services and wellness-oriented businesses authorized in the MPUD. Given its compatibility with surrounding uses, lower traffic generation, and adherence to the county’s design standards, we recommend approving the comparable use determination for the proposed Hospice facility. Per LDC §10.02.06 K, a Comparable Use Determination (CUD) determines whether a specified use is consistent and comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. After staff evaluates the criteria in LDC §10.02.06 K.2, the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. LDC §10.02.06 K.2. Criteria listed in bold with the applicant’s response in regular font and staff analysis in italics. A.The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i.Operating Hours: Application Response: Hospice care is provided on a 24-hour basis, 7 days per week. The MPUD has no limitations on hours of operation for any permitted use. Staff Response: There are no restrictions on operating hours for any allowable use within the Tamiami Trail Greenway MPUD; operating hours for that type of business range 24 hours a day, 7 days per week. CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 5 of 8 Page 8 of 409 ii. Traffic Volume Generated/Attracted: Application Response: Hospice use generates far fewer traffic trips than many other permitted uses, as evidenced by the attached trip generation report. Staff Response: Staff agree with the trip generation report, stating that an assisted living facility generates less traffic than a medical-dental office, variety store, strip retail plaza, supermarket, and high-turnover restaurant, all of which are permitted uses within the MPUD. iii.Type of vehicles associated with the use: Application Response: Vehicles associated with Hospice include employees' and guests' personal vehicles. Service vehicles will consist of delivery vehicles for linen and food services. These vehicles are similar to those serving the other permitted uses within the MPUD. Staff Response: Staff agree that the vehicles to be used in association with the proposed will primarily include personal vehicles for both employees and guests, as well as service vehicles for delivering linen and food services, which generate less traffic than a medical-dental office, variety store, strip retail plaza, supermarket, and high-turnover restaurant. iv.Number and type of required parking spaces: Application Response: The Collier County Land Development Code does not specify a parking standard for Hospice use; however, it is anticipated that parking will be provided in a manner similar to what is required for an assisted living facility. Staff Response: Staff agree there is no specific parking standard for Hospice use; however, in accordance with LDC 5.05.04.D.3.b, a requirement of 0.075 for each assisted living unit is indicated ii.Business practices and activities: Application Response: Hospice will offer in-home, outpatient, and short-term inpatient care for individuals with terminal illnesses. Services at the facility will occur indoors, and the building will be designed to meet the County’s architectural standards. Staff Response: Staff support and determine the business practices and activities related to Hospice care will provide comprehensive support through in-home, outpatient, and short-term inpatient care for individuals facing terminal illnesses. Applicant is committed to meeting the County’s architectural standards for the facility and maintaining a safe and welcoming environment for patients and their families. B.The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 6 of 8 Page 9 of 409 Application Response: Hospice will offer in-house, outpatient, and short-term inpatient care for individuals with terminal illnesses. Services at the facility will occur indoors, and the building will be designed to meet the County’s architectural standards. Staff Response: This is consistent with the proposed permitted uses on the subject property. There will be no anticipated negative effects of noise, glare, or odor. C.The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use; and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Application Response: The MPUD is located within the Tamiami Trail Greenway Road Mixed Use Subdistrict of the Future Land Use Element. This Subdistrict permits up to 64,000 square feet of commercial uses with the intensity of Commercial Intermediate (C-3) uses. The proposed Hospice is comparable to Group Care Facilities that are permitted by right in the C- 3 Zoning District. Staff Response: The proposed use aligns with the GMP because it is situated within the Urban Designation and the US 41 East Overlay District, making it consistent with the FLUE. D.The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Application Response: Hospice use is compatible with other commercial uses permitted within the MPUD, including a variety of retail, office, medical, and service uses. Staff Response: Staff supports and determines that the SIC Code 8361 Residential Care, which is used to identify group housing and assisted living facilities, is compatible with the already permitted uses in the MPUD, such as Health services, offices, clinics, home health care services, social services, and individual and family centers. E.The proposed use shall be compatible with the surrounding neighborhood. Application Response: The Hospice will be compatible with the surrounding neighborhood. The MPUD prescribes specific buffering requirements for the perimeter of the commercial tract, including an internal buffer to the residential component of the MPUD. The commercial tract is adjacent to non-residential uses located to the northwest and southeast. Residential uses are located to the south across the 200’ wide Tamiami Trail East ROW. Extensive buffers exist within that residential community, and the proposed Hospice use will not be any more impactful than other commercial uses currently permitted. Staff Response: The staff has concluded that the Hospice will be compatible with the surrounding neighborhood and will meet the MPUD's specific buffering requirements. CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 7 of 8 Page 10 of 409 This will ensure it aligns with both the commercial and residential areas. Furthermore, the proposed Hospice will not generate any additional impact compared to the current commercial uses that are already permitted. Any additional relevant information may be required by the County Manager or designee. Application Response: Hospice use provides health-related services comparable to those of other uses within PUD that provide social, health, and medical services. Use is also allowed by right in all conventional commercial zoning districts. We have attached copies of the MPUD Ordinance 25-06, the Tamiami Trail Greenway Road Mixed Use Subdistrict Ordinance 25-05, and a trip generation report comparing the Hospice use to other permitted uses on the subject property. We are requesting that staff concur with the applicant that Hospice use is comparable in nature to those permitted uses listed in Ordinance No. 2025-06, Exhibit A, Tract C Commercial, paragraph I.A. Principal Uses. Staff Response: Staff supports this proposed use. PUBLIC NOTICE: Per the LDC and Administrative Code, a Neighborhood Information Meeting (NIM), posting of a sign on the subject property, and mailing to surrounding property owners are not required. The only notice required is a newspaper advertisement for the Hearing Examiner public meeting (Administrative Code, Chapter 3L, and LDC § 10.03.06.O), which was published in the Naples Daily News on Friday, October 24, 2025. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that the proposed use of a Hospice facility defined under SIC Code 8361 is comparable in nature to other permitted uses in the Tamiami Trail Greenway Road Mixed PUD district. The approval of this PCUD at this specific location, identified as parcel ID 00739160004, Naples, FL 34114, shall not be construed to mean the use is permitted in a different location. 1.Provide specific buffering for the perimeter of the commercial tract, including an internal buffer to the residential component of the MPUD. ATTACHMENTS: Attachment A: Legal Description Attachment B: Ordinance 25-06 Attachment C: Trip Generation Computations Attachment D: Tamiami Trail Greenway Road MPUD Master Plan Attachment E: Legal Ad Attachment F: Backup Package CUD-PL20250009732 – TAMIAMI TRAIL GREENWAY ROAD MPUD-PCUD NOVEMBER 13, 2025 Page 8 of 8 Page 11 of 409 Tamiami Trail Greenway Road MPUD Comparable Use Determination (PL20250009732) Legal Description Legal Description.docx September 23, 2025 Page 1 of 1 Q. Grady Minor and Associates, LLC 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Tract C, Parcel ID 00739160004: Page 12 of 409 INSTR 6640615 OR 6436 PG 1251 RECORDED 2/5/2025 9:34 AM PAGES 19CLERKOFTHECIRCUITCOURTANDCOMPTROLLER COLLIER COUNTY FLORIDA REC$163.00 ORDINANCE NO. 2025 - 06 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT PARTLY WITH THE AIRPORT ZONING OVERLAY TO A MIXED USE PLANNED UNIT DEVELOPMENT MPUD) ZONING DISTRICT PARTLY WITHIN THE AIRPORT ZONING OVERLAY TO BE KNOWN AS TAMIAMI TRAIL GREENWAY ROAD MPUD, TO ALLOW CONSTRUCTION OF UP TO 300 MULTI-FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING AND UP TO 64,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE C-3 ZONING DISTRICT USES, ON PROPERTY LOCATED NORTH OF TAMIAMI TRAIL EAST, APPROXIMATELY 441 FEET WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD, IN SECTION 12,TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 24.41± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230008640] WHEREAS, Robert J. Mulhere, FAICP, Senior Vice President of Hole Montes and Noel Davies, Esquire of Davies Duke, PLLC, representing Investment Properties Corp. of Naples, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 51 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural A) Zoning District partly with the Airport Zoning Overlay, to a Mixed Use Planned Unit Development (MPUD), partly with the Airport Zoning Overlay, for a 24.41± acre project to be 23-CPS-02417/1902882/1]97 Tamiami Trail-Greenway Road 1 of 2 PL20230008640 12/27/24 Page 13 of 409 known as Tamiami Trail Greenway Road MPUD, to allow construction of a maximum of 300 multi-family dwelling units with affordable housing and 64,000 square feet of gross floor area of Commercial Intermediate C-3 Zoning District uses, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2025-0.5 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ram:' 2025. ATTEST: , ;.• BOARD OF COUNTY COMMISSIONERS CRYSTAL`K.KINZ' .LERK COLLIER COUNTY, FLORIDA ipBy:m-L A By: Attesf oil() •hai w=n's Deputy Clerk 44,t,ieo,twea•-• L. Saunders, Chairman emu_sigifa ir:•only', y \ Approved as to form and legality: F( 4_ C't A......„--A4MC-- eidi F. Ashton-Cicko 12-27-24 Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description This at-dinar-ice filed with th Exhibit E: Deviations Se retort' of e s Office the Exhibit F: Development Commitments day of and acknowtedgeme of that mfil jeceive t is .at • day of 23-CPS-024 1 7/1 9028 82/1]97 By Tamiami Trail-Greenway Road 2 of 2 Deputy Clerk PL20230008640 12/27/24 Page 14 of 409 EXHIBIT A TAMIAMI TRAIL GREENWAY ROAD MPUD LIST OF PERMITTED USES Regulations for the development of the MPUD shall be in accordance with the content of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan(SDP)or plat.Where the MPUD Ordinance does not provide development standards,then the provision of the specific sections of the LDC that are otherwise applicable shall apply. TRACT R(RESIDENTIAL) I. Principal Uses A. Multi-family rental dwelling units, not to exceed 300 total dwelling units (12.29 dwelling units per gross acre). II. Accessory Uses A. Accessory uses and structures customarily associate with the permitted principal uses and structures permitted by right in this MPUD, including, but not limited to: B. Recreational uses and facilities that serve the residents (and their guests) of Tract R, such as swimming pools, fitness centers, dining facilities, sports courts, and clubhouse/recreation buildings. C. Customary accessory uses and structures to multi-family units, including parking structures, gazebos, fountains, trellises, signage, entry gates and gatehouses, administrative offices, and similar structures. D. Temporary sales facilities may be permitted. TRACT C (COMMERCIAL):A maximum of 64,000 square feet of gross floor area(GFA) is allowed. I. Principal Uses A. The following uses are permitted. I. Accounting(SIC 8721). 2. Adjustment and collection services (SIC 7322). 3. Advertising agencies (SIC 7311). Page 1 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 15 of 409 4. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (SIC 0752, excluding outside kenneling). 6. Apparel and accessory stores (SIC 5611-5699). 7. Architectural services (SIC 8712). 8. Auditing (SIC 8721). 9. Auto and home supply stores (SIC 5531). 10. Automobile Parking, automobile parking garages and parking structures SIC 7521 - shall not be construed to permit the activity of "tow-in parking lots"). 11. Automotive services (SIC 7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." 12. Banks, credit unions and trusts (SIC 6011-6099). 13. Barber shops (SIC 7241, except for barber schools). 14. Beauty shops (SIC 7231, except for beauty schools). 15. Bookkeeping services (SIC 8721). 16. Business associations (SIC 8611). 17. Business consulting services (SIC 8748). 18. Business credit institutions (SIC 6153-6159). 19. Business services - miscellaneous (SIC 7389, except auctioneering service, automobile recovery, automobile repossession,batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery,sponging textiles,swimming pool cleaning,tape slitting,texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 20. Child day care services (SIC 8351). 21. Churches. 22. Civic, social and fraternal associations (SIC 8641). 23. Commercial art and graphic design(SIC 7336). 24. Commercial photography (SIC 7335). 25. Computer and computer software stores (SIC 5734). 26. Computer programming, data processing and other services (SIC 7371- 7379). 27. Credit reporting services (SIC 7323). 28. Direct mail advertising services (SIC 7331). Page 2 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 16 of 409 29. Drycleaning plants (SIC 7216, nonindustrial drycleaning only). 30. Drug stores (SIC 5912). 31. Eating places (SIC 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of LDC Section 5.05.01. 32. Educational plants and public schools subject to LDC Section 5.05.14. 33. Engineering services (SIC 8711). 34. Essential services, subject to LDC Section 2.01.03. 35. Federal and federally-sponsored credit agencies (SIC 6111). 36. Food stores (groups SIC 5411-5499). 37. Funeral services (SIC 7261, except crematories). 38. Garment pressing, and agents for laundries and drycleaners (SIC 7212). 39. General merchandise stores (SIC 5331-5399). 40. Glass stores (SIC 5231). 41. Hardware stores (SIC 5251). 42. Health services, offices and clinics (SIC 8011-8049). 43. Home furniture and furnishings stores(SIC 5712-5719). 44. Home health care services (SIC 8082). 45. Household appliance stores (SIC 5722). 46. Insurance carriers, agents and brokers (SIC 6311-6399, SIC 6411). 47. Labor unions (SIC 8631). 48. Landscape architects, consulting and planning(SIC 0781). 49. Laundries and drycleaning, coin operated-self service (SIC 7215). 50. Laundries, family and commercial (SIC 7211). 51. Legal services (SIC 8111). 52. Libraries (SIC 8231). 53. Loan brokers (SIC 6163). 54. Management services (SIC 8741 and SIC 8742). 55. Membership organizations, miscellaneous (SIC 8699). 56. Mortgage bankers and loan correspondents (SIC 6162). 57. Museums and art galleries (SIC 8412). 58. Musical instrument stores (SIC 5736). 59. Paint stores (SIC 5231). 60. Personal credit institutions(SIC 6141). 61. Personal services, miscellaneous (SIC 7299 - babysitting bureaus, clothing rental,costume rental,dating service,debt counseling,depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 62. Personnel supply services (SIC 7361 and SIC 7363). 63. Photocopying and duplicating services (SIC 7334). 64. Photofinishing laboratories (SIC 7384). 65. Photographic studios,portrait(SIC 7221). 66. Physical fitness facilities (SIC 7991; SIC 7911, except discotheques). 67. Political organizations (SIC 8651). 68. Professional membership organizations (SIC 8621). Page 3 of 16 Q:\FL-NAPL-HMV-IMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 17 of 409 69. Public administration(SIC groups 9111-9199, SIC 9229, SIC 9311, SIC 9411-9451, SIC 9511-9532, SIC 9611-9661). 70. Public relations services (SIC 8743). 71. Radio,television and consumer electronics stores (SIC 5731). 72. Radio, television and publishers advertising representatives (SIC 7313). 73. Real Estate (SIC 6531-6552). 74. Record and prerecorded tape stores (SIC 5735). 75. Religious organizations (SIC 8661). 76. Repair services - miscellaneous (SIC 7629-7631, SIC 7699 - bicycle repair,binocular repair,camera repair,key duplicating,lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 77. Retail nurseries, lawn and garden supply stores (SIC 5261). 78. Retail services - miscellaneous (SIC 5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 79. Secretarial and court reporting services (SIC 7338). 80. Security and commodity brokers, dealer, exchanges and services (SIC 6211-6289). 81. Shoe repair shops and shoeshine parlors (SIC 7251). 82. Social services, individual and family (SIC 8322 activity centers, elderly or handicapped only; day care centers, adult and handicapped only). 83. Surveying services (SIC 8713). 84. Tax return preparation services(SIC 7291). 85. Travel agencies (SIC 4724, no other transportation services). 86. United State Postal Service (SIC 4311, except major distribution center). 87. Veterinary services (SIC 0742, excluding outdoor kenneling). 88. Videotape rental (SIC 7841). 89. Wallpaper stores (SIC 5231). 90. Any other commercial use which is comparable in nature with the list of permitted uses, as determined by the Hearing Examiner or Board of Zoning Appeals (BZA),pursuant to the process outlined in the LDC. II. Accessory Uses A. Uses and structures that are accessory and incidental to the permitted uses above. B. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. C. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to LDC Section 4.02.12. Page 4 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tanvami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 18 of 409 EXHIBIT B TAMIAMI TRAIL GREENWAY ROAD MPUD LIST OF DEVELOPMENT STANDARDS The table below sets forth the development standards for the uses within the Tamiami Trail Greenway Road MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I: TRACT R DEVELOPMENT STANDARDS TRACT R TRACT R MULTI- CLUBHOUSE/ FAMILY RECREATION BUILDINGS PRINCIPAL STRUCTURES MIN. LOT AREA N/A N/A MIN. LOT WIDTH N/A N/A MIN. FLOOR AREA 700 S.F./D.U. N/A MINIMUM YARDS(MEASURED FROM THE TRACT BOUNDARY') NORTH(SIDE YARD) 25' 25' SOUTH(SIDE YARD) 20' 20' EAST,ADJ TO AG ZONED PARCEL(SIDE YARD) 20' 20' EAST,ADJ TO GREENWAY ROAD(FRONT YARD) 30' 30' WEST,ADJ TO MH ZONED PARCEL(REAR YARD)20' 20' MIN. LAKE SETBACK 0'from LME2 0'from LME2 MIN.DISTANCE BETWEEN STRUCTURES 50%of the sum 50%of the sum of of the Zoned the Zoned Heights Heights of the of the buildings, buildings, but not but not less than less than 15'15' MAX.HEIGHT ZONED 45'NTE 3 35'NTE 2 STORIES STORIES MAX.HEIGHT ACTUAL 52' 42' ACCESSORY STRUCTURES MINIMUM YARDS(MEASURED FROM THE TRACT BOUNDARY') NORTH(SIDE YARD) SPS SPS SOUTH(SIDE YARD)10' 10' EAST,ADJ TO AG ZONED PARCEL(SIDE YARD) SPS SPS EAST,ADJ TO GREENWAY ROAD(FRONT YARD)SPS SPS WEST,ADJ TO MH ZONED PARCEL(REAR YARD)SPS SPS MIN.LAKE SETBACK 0'from LME2 0'from LME2 MIN.DISTANCE BETWEEN STRUCTURES SPS SPS MAX.HEIGHT ZONED 25' 25' MAX.HEIGHT ACTUAL 32' 32' N/A=not applicable; SPS=same as principal structures;NTE=not to exceed; S.F =square feet; BH=building height; LME= lake maintenance easement;ADJ=adjacent. Page 5 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamianu Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 19 of 409 TABLE II: TRACT C DEVELOPMENT STANDARDS TRACT C COMMERCIAL PRINCIPAL STRUCTURES MIN. LOT AREA 10,000 S.F. MIN.LOT WIDTH 100' MINIMUM YARDS(MEASURED FROM THE TRACT BOUNDARY) NORTH(REAR YARD) 10' SOUTH,ADJ TO TAMIAMI TRAIL EAST(FRONT YARD) 20' EAST,ADJ TO C-3 ZONED PARCEL(SIDE YARD) 10' WEST,ADJ TO AG ZONED PARCEL(SIDE YARD) 10' MIN.LAKE SETBACK 0'from LME2 MIN.DISTANCE BETWEEN STRUCTURES 50%of the sum of the Zoned Heights of the buildings,but not less than 15' MAX. HEIGHT ZONED 35'NTE 2 STORIES MAX.HEIGHT ACTUAL 42' ACCESSORY STRUCTURES MINIMUM YARDS(MEASURED FROM THE TRACT BOUNDARY) NORTH(REAR YARD) SPS SOUTH,ADJ TO TAMIAMI TRAIL EAST(FRONT YARD)SPS EAST,ADJ TO C-3 ZONED PARCEL(SIDE YARD) SPS WEST,ADJ TO AG ZONED PARCEL(SIDE YARD) SPS MIN. LAKE SETBACK 0'from LME2 MIN. DISTANCE BETWEEN STRUCTURES SPS MAX.HEIGHT ZONED 25' MAX.HEIGHT ACTUAL 32' N/A=not applicable; SPS =same as principal structures;NTE=not to exceed; S.F = square feet; BH=building height; LME= lake maintenance easement;ADJ=adjacent. Notes 1. Residential Buildings must be designed to provide a minimum 23' setback from the building to the edge of an adjacent sidewalk, unless vehicle parking areas are designed such that parked vehicles will not encroach over the adjacent sidewalk. 2. The LME shall be a separate tract on the plat or SDP. Page 6 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 20 of 409 TABLE III: PERIMETER LANDSCAPE BUFFERS Direction Buffer Type North 15'Type B South, adjacent to A zoned property 10'Type A South, adjacent to Tamiami Trail East 20'Type D South, adjacent to C-3 zoned property 15'Type B East, adjacent to Greenway Road 20'Type D East, adjacent to C-3 zoned property 10'Type A West, adjacent to MH zoned property 15'Type B West, adjacent to A zoned property 10'Type A Page 7 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 21 of 409 N N OEoZmZmZr/m nZ m/Z r5r /Zy/am 9 VJ 9 u,e N 2 -2yu'.or. ,w O ..... FmkmZ Hfn4• Nom srZyCTzy IFZvoDaO y Z mZo i Ac) oi w P.o Z m ` zD r ' `` N rO o Ni Vfi°Z A r0 r 3 N Z G Z"' I- ( co. 7, 7"7Tttfttfrl'irumm t•t_• el 7 s. mnm z n ?1 cCD m y`nn i/ Goy x C 1. 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O zm £oc'oloim mFo W?N37 >>N mPH w om • P< a m w ? n mm rn m oo '" '3 =.n, c m -, D_ i m 0 b o. -'a ° ° 0 2 3 m v m n m 7 -1•5 m ` m ` m1 o E.N CA' N r A 2,co X.=1% m j 3'a n o T N V o CD Z f0 y m co O•tT mill x F. omgomn°m a`c -( mm o a30, om w 5$' g 3 Z ' ° 7. mm f.mg `3.'wx^Qv 3. , mm F m3no , cDi comoo y n 7 m m-a' m p F• o' m o 0 m m S o f N SI m f.m m tom o a m Z 7, CO y N CO L 7 f71 y. O'y 3.'J y m [)m A-. S n, N LU O m y o c m o 5 m o m f o m m !P.-0 3 y F003mo•o° amaEa m m 3 •ma'ndf r co ? m mmyr3 mno2oonF m 'mac r- acm ?o o m c mm Omm m m7•0 < an n 3 m ° 7 ° ,f, w3 == Qm p a m 6- n m a oom m = _. 07 cm mt waf. mn 3om' y J m ,g w ep m •C a al Q °m a X n, 2.. 3 di m 0 o C.FILE NAME D..«..P i. wno P-3I m u950Encore.way TAMIAMI TRAIL a 23075—PUD2 075 PUD Naples,FL.a4110 Phone:(239)254-2000 GREENWAY ROAD MPUD sPs 22 3 r x a w arox . c+w. c .r wrr20 Florida canmoateof MASTER PLAN 10`20`' C^'Y'' of 1 HOLEMONTES Authorization No.1772 ARM.,.vxc w0E0W..SC. t" Rf.' own.................................... EnFA irtwml+5 e„rzPage 22 of 409 EXHIBIT D TAMIAMI TRAIL GREENWAY ROAD MPUD LEGAL DESCRIPTION PARCEL 1 (ID NO. 00740080005)&PARCEL 2 (ID NO. 00741080101): COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12,NO°11'20"E, 745.35 FEET; THENCE N89°56'55"W, 508.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N89°56'55"W, 317.20 FEET; THENCE N54°18'59"W, 254.14 FEET; THENCE NO°25'53"E, 330.61 FEET; THENCE S89°56'55"E, 515.39 FEET; THENCE SO°11'20"W, 473.41 FEET TO THE POINT OF BEGINNING, AND BEING A PART OF THE SOUTHEAST 1/4 OF SAID SECTION 12,AND;THE SOUTH 216.00 FEET OF THE FOLLOWING PARCEL: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12, NO°11'20"E, 745.35 FEET FOR A PLACE OF BEGINNING; THENCE N89°56'55"W, 508.47 FEET; THENCE NO°11'20"E, 473.41 FEET; THENCE S89°56'55"E, 508.47 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE ALONG SAID EAST LINE SO°11'20"W, 473.41 FEET TO THE PLACE OF BEGINNING, AND BEING PART OF THE SOUTHEAST 1/4 OF SECTION 12. LESS AND EXCEPT THEREFROM THE EAST 30 FEET OF SAID PARCEL. PARCEL 3 (ID NO. 00738920009): COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12, NO°11'20"E, 154.53 FEET FOR A PLACE OF BEGINNING; THENCE N54°18'59"W, 1014.13 FEET; THENCE S89°56'55"E, 825.67 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE ALONG SAID EAST LINE SO°11'20"W, 590.82 FEET TO THE PLACE OF BEGINNING, BEING IN THE SOUTHEAST QUARTER OF SECTION 12. PARCEL 4 (ID NO. 00738960001): COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12, NO°11'20"E, 154.53 FEET; THENCE N54°18'59"W, 1259.27 FEET TO A PLACE OF BEGINNING: THENCE CONTINUING N54°18'59"W,423.66 FEET TO THE WEST LINE OF THE EAST 1/4 OF THE EAST 1/4 OF SAID SECTION 12; THENCE ALONG SAID WEST LINE NO°25'53"E, 522.53 FEET; THENCE S89°56'S5"E, 345.98 FEET; THENCE SO°25'S3"W, 769.35 FEET TO THE PLACE OF BEGINNING. Page 9 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 23 of 409 PARCEL 7 (ID NO. 00739160004): LOTS 1, 2, 3, 4, 5, 6, & 7 OF AN UNRECORDED PLAT, BEING MORE SPECIFICALLY DESCRIBED AS: BEGINNING AT THE SOUTH EAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH,RANGE 26 EAST, SOUTH 00°00'00"RUN 335.26 FEET TO A POINT, THENCE NORTH 54°36'00" WEST 484.26 FEET TO A POINT ON NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 AND BEING POINT OF BEGINNING. THENCE NORTH 54°36'00" WEST 900.00 FEET ALONG THE NORTH RIGHT-WAY-LINE OF U.S. HIGHWAY NO. 41 TO A POINT; THENCE NORTH 35°24'00" EAST 400 FEET TO A POINT; THENCE SOUTH 54°36'00"EAST 900 FEET TO A POINT,THENCE SOUTH 35°24'00"WEST 400 FEET TO A POINT OF BEGINNING, BEING 8.26 ACRES,MORE OR LESS,IN SECTION 12,AND A FRACTIONAL PART IN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA LESS BEGINNING AT SOUTHEAST CORNER OF SECTION 12 RUN SOUTH 0°00'00" 335.26 FEET TO A POINT ON NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41; THENCE NORTH 54°36'00" WEST 1184.26 FEET TO A SET CONCRETE MARKER ON NORTH RIGHT-OF-WAY OF U.S.HIGHWAY NO.41 BEING THE POINT OF BEGINNING,THENCE NORTH 35°24'00"EAST 400 FEET TO A SET CONCRETE MARKER, THENCE NORTH 54°36'00" WEST 200 FEET TO A SET CONCRETE MARKER, THENCE SOUTH 35°24'00" WEST 400 FEET TO A SET CONCRETE MARKER ON NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41, THENCE SOUTH 54°36'00" EAST 200 FEET TO POINT OF BEGINNING, BEING 1.83 ACRES, MORE OR LESS, IN SECTION 12, TOWNSHIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Page 10 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 24 of 409 EXHIBIT E TAMIAMI TRAIL GREENWAY ROAD MPUD LIST OF DEVIATIONS 1. Deviation 1 (Buffer Requirements) seeks relief from LDC Section 4.06.02- Buffer Requirements, Table 2.4, Footnote 3, which states that `Buffer areas between commercial outparcels located within a shopping center,Business Park,or similar commercial development may have a shared [Type A] buffer 15 feet wide with abutting property contributing 7.5 feet" to instead allow a shared buffer 10 feet wide with each property within the MPUD contributing 5 feet. 2. Deviation 2 (Buffer Requirements) seeks relief from LDC Section 4.06.02 — Buffer Requirements,Table 2.4,which requires a 20-foot wide,Type D perimeter landscape buffer where the proposed multi-family development is adjacent to Cecil Road to instead allow for a 15-foot-wide Type B perimeter landscape buffer. 3. Deviation 3 (Parking Space Requirements) seeks relief from LDC Section 4.05.04— Parking Space Requirements,Table 17,which requires a total of 600 parking spaces for the proposed multi-family dwelling units and accessory amenity uses located within Tract R to instead allow 525 parking spaces if the SDP is for a housing mix of 138 1-bedroom; 132 2-bedroom; and 30 3-bedroom units; and the amenities include 3,500 sf leasing office, 1,500 sf gym, 3,000 sf meeting space, 1,500 sf pool, 1 bocce court and 1 putting green. Any change to the foregoing will require an Administrative Parking Reduction per the LDC with the associated parking demand study. 4. Deviation 4(Sidewalks,Bike Lane and Pathway Requirements)seeks relief from LDC Section 6.06.02.A.1 — Sidewalks, Bike Lane and Pathway Requirements, which requires all developments must construct sidewalks and bike lanes within public and private rights-of-way or easements to instead allow for no sidewalk or bike lanes to be constructed within the Cecil Road right-of-way to the north of the proposed development. Page 11 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 25 of 409 EXHIBIT F TAMIAMI TRAIL GREENWAY ROAD MPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. 1. PUD MONITORING a. One entity (hereinafter the Managing Entity) shall be responsible for MPUD monitoring until close-out of the MPUD, and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD.At the time of this MPUD approval, the Managing Entity is DJ Greenway, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff,and the successor entity shall become the Managing Entity.As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgment of the commitment required by the MPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section.When the MPUD is closed out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD commitments. b. 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 obligation imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) c. All other applicable state or federal permits must be obtained before commencement of the development. 2. TRANSPORTATION Page 12 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 26 of 409 a. The maximum total daily trip generation for the MPUD shall not exceed 492 two- way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. Vehicular and pedestrian interconnection will be provided to the west of Tract C to allow access to all connection points with the adjacent property, consistent with the conceptual MPUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross-access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the owner or successors or assigns prior to the first Certificate of Occupancy.The interconnections shall remain open to the public. c. Vehicular and pedestrian interconnection will be provided to the east of Tract C to allow access to all connection points with the adjacent property,consistent with the conceptual MPUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross-access easement, or an access easement to the public for public use without responsibility of maintenance by Collier County, will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the owner or successors or assigns prior to the first Certificate of Occupancy.The interconnections shall remain open to the public. d. The owner, its successors and assigns, shall pay its proportionate fair share of the intersection improvements at the US-41 and Greenway intersection and applicable portions of Greenway Road,which includes that portion of Greenway Rd from US 41 to the northernmost MPUD property line contiguous to Greenway Rd. The intersection improvements include but are not limited to signalization, addition of turns, extending of turn lanes, sidewalk improvements and drainage improvements by FDOT and/or Collier County. The proportionate fair share of the MPUD impacts shall be determined by the County at time of the first Site Development Plan(SDP)or first Plat approval based on the project's trips on Greenway Rd. The owner, its successors and assigns, shall make payment to Collier County at time of issuance of the first Certificate of Occupancy (CO) in the MPUD. 3. ENVIRONMENTAL: a. The minimum required native preservation is±0.06 Ac.(25%of 0.22 Ac.).Pursuant to LDC Sec. 3.05.07.H.1.f., the developer will mitigate the preservation requirement off-site or via payment-in-lieu.If mitigated off-site,the developer shall donate±0.24 Ac.(±0.06 Ac x 4)to Collier County or to another government agency. b. A listed species management plan shall be provided for the project at the time of Site Development Plan (SDP) approval. The management plan shall address how Page 13 of 16 Q:\FL-NAPL-HMV-IMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 27 of 409 listed species shall be protected.The management plan shall also address black bear Ursus Americanus Floridanus) management. 4. AFFORDABLE HOUSING a. Affordable units. Of the dwelling units constructed within each phase,the following requirements shall apply: i. Fifteen percent (15%) of the units will be rented to households whose incomes do not exceed eighty percent (80%) of the Area Median Income AMI) for Collier County with corresponding rent limits as determined annually by the Florida Housing Finance Corporation or as otherwise provided by Collier County. ii. Fifteen percent (15%) of the units will be rented to households whose incomes do not exceed one hundred percent(100%) of the AMI for Collier County with corresponding rent limits as determined annually by the Florida Housing Finance Corporation or as provided by Collier County. iii. The Affordable Units will be subject to the provisions of under this Section 4 for a period of thirty years (30) from the date of certificate of occupancy of the first Affordable Unit of each phase. iv. At each SDP/SDPA, the SDP/SDPA shall identify and quantify the 15% of the units that will be rented to households whose incomes are up to and including 80%of AMI for Collier County and the 15%of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. v. By way of example,the 2024 Florida Housing Finance Corporation Income and Rent Limits are: 2024 Collier County Income&Rent Limits for Affordable Housing Income Limit by Number of People in Unit Rent Limit by Number of Bedrooms in Unit" 2024 Percentage Area Category 1 2 4 1 2 3 Collier Median Income Name 30% Extremely Low $ 21,930 $ 25,050 $ 31,290 $ 587 $ 704 $ 813 County 50% Very Low $ 36,550 $ 41,750 $ 52,150 $ 978 $ 1,173 $ 1,356 Median 60% n/a $ 43,860 $ 50,100 $ 62,580 $ 1,174 $ 1,408 $ 1,627 Household 80% Low $ 58,480 $ 66,800 $ 83,440 $ 1,566 $ 1,878 $ 2,170 Income 100% Median $ 73,100 $ 83,500 $ 104,300 $ 1,958 $ 2,348 $ 2,713 104,300 120%Moderate $ 87,720 $ 100,200 $ 125,160 $ 2,349 $ 2,817 $ 3,255 140% Gap $ 102,340 $ 116,900 $ 146,020 $ 2,741 $ 3,287 $ 3,798 Source:HUD 2024 Median Income:Florida Housing FinanceCopr.Income end Rent Limits Gross rent,includes utility allowance. b. Preference to Affordable Units shall be given to Essential Service Personnel (ESP) and military veterans. Page 14 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 28 of 409 i. For the purposes of this ordinance, ESP means natural persons or families at least one of whom is employed as police or fire personnel, a childcare worker, a teacher or other educational personnel, health care personnel, skilled building trades personnel, active duty military, or a governmental employee. ii. Each Affordable Unit shall be held vacant and advertised for ESP and military veterans in accordance with paragraph iii below for a minimum of 90 days before the issuance of the unit's certificate of occupancy. In the event that no ESP or military veteran rents the available Affordable Unit, then the unit may also be offered to the general public (non-ESP/military veteran) but shall remain an Affordable Unit and be rent and income restricted accordingly. Each subsequent vacancy of an Affordable Unit shall be advertised to ESP and military veterans in accordance with paragraph iii below and may also be offered to the general public(non-ESP/military veteran)but shall remain an Affordable Unit and be rent and income-restricted accordingly. iii. At a minimum, advertising shall consist of providing written notice to the Collier County Community and Human Services Division and the human resource departments for local hospitals, the Collier County Public School District, Collier County Government, other municipalities within Collier County, all Emergency Medical Services and fire districts, and the Collier County Sheriffs Office. iv. Promotional materials for the development shall identify that the project prioritizes Affordable Units for ESP and military veteran households. v. The owner shall maintain a waiting list of pre-qualified ESP and military veteran renters for subsequent vacancies. Waitlist participants shall be notified in advance of subsequent vacancies. vi. This commitment for ESP and military veteran preference shall remain in effect for a period of 30 years from the date of issuance of the certificate of occupancy of the first Affordable Unit of each phase. c. As part of Collier County's annual monitoring for this PUD,the owner shall provide to Collier County Community and Human Services Division (CHS) an annual report at least forty-five (45) days prior to the anniversary of the adoption of this MPUD that provides the progress and monitoring of occupancy of income and rent- restricted units. The annual report will be provided in a format approved by CHS. The owner further agrees to annual on-site monitoring by the County. Page 15 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 29 of 409 5. PUBLIC UTILITIES a. The project shall connect to the potable water lines available on Greenway Road and Kathy Lane. b. 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 water distribution/transmission system may be required to adequately handle the total estimated peak hour flow to the project.Whether or not such improvements are necessary, and if so,the exact nature of such improvements and/or upgrades shall be determined by the County Manager or designee 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. c. 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 by the County Manager or designee 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. 6. EMERGENCY SERVICES a. Prior to the issuance of the first residential certificate of occupancy,the project shall provide a one-time shelter mitigation contribution in the amount of two hundred forty(240)general population cots and seventeen(17)special needs cots and a one- time developer's contribution of one (1) 45-KW towable generator to the Collier County Bureau of Emergency Services. Page 16 of 16 Q:\FL-NAPL-HMV-IMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 30 of 409 Ill \, IF 4, 04. Alik_tt FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State February 4, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-06, which was filed in this office on February 3, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Page 31 of 409 TABLE 1 TRIP GENERATION COMPUTATIONS Land Use Code Land Use Description Build Schedule 254 Assisted Living 50 Beds 720 Medical-Dental Office 25,000 s.f. 814 Variety Store 25,000 s.f. 822 Strip Retail Plaza (<40k)25,000 s.f. 850 Supermarket 25,000 s.f. 932 High-Turnover Restaurant 25,000 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon S.F.)Total Trips Trips Enter/Exit LUC 254 Daily Traffic (ADT) =T = 2.60(X) =130 ADT AM Peak Hour (vph) =T = 0.18(X) =9 vph 5 /4 vph 60% Enter/ 40% Exit = PM Peak Hour (vph) =T = 0.24(X) =12 vph 5 /7 vph 39% Enter/ 61% Exit = ********************************************************************************* LUC 720 Daily Traffic (ADT) =T= 42.97 (X) - 108.01 =966 ADT AM Peak Hour (vph) =Ln(T) = 0.90Ln(X)+1.34 =69 vph 55 /15 vph 7-9 AM 79% Enter/ 21% Exit = PM Peak Hour (vph) =T= 4.07(X) - 3.17 =99 vph 30 /69 vph 4-6 PM 30% Enter/ 70% Exit = ********************************************************************************* LUC 814 Daily Traffic (ADT) =T= 63.66(X) =1,592 ADT AM Peak Hour (vph) =T= 3.04(X) =76 vph 43 /33 vph 7-9 AM 57% Enter/ 43% Exit = PM Peak Hour (vph) =T= 6.70(X) =168 vph 84 /84 vph 4-6 PM 51% Enter/ 49% Exit = Per Collier County ADT = Pass-by = 15% ADT and 25% AM & PM 15%Daily Pass-by Rate 25%AM & PM Pass-by Rate Pass-by Daily Traffic (ADT) =239 ADT Pass-by AM Peak Hour (vph) =19 vph 10 /10 vph Pass-by PM Peak Hour (vph) =42 vph 21 /21 vph *************************************************** New Daily Traffic (ADT) =1,353 ADT New AM Peak Hour (vph) =57 vph 34 /23 vph New PM Peak Hour (vph) =126 vph 63 /63 vph Page 32 of 409 LUC 822 Daily Traffic (ADT) =T= 42.20(X)+ 229.68 =1,285 ADT < 40 k AM Peak Hour (vph) =Ln(T) = 0.66Ln(X)+1.84 =53 vph 32 /21 vph 7-9 AM 60% Enter/ 40% Exit = PM Peak Hour (vph) =Ln(T) = 0.71Ln(X)+2.72 =149 vph 75 /75 vph 4-6 PM 50% Enter/ 50% Exit = Pass-by Trips per ITE= Ln(T) = -0.29Ln(X) + 5.00 =58%15%Daily Pass-by Rate Per Collier County ADT = Pass-by = 15% ADT and 25% AM & PM 25%AM & PM Pass-by Rate Pass-by Daily Traffic (ADT) =193 ADT Pass-by AM Peak Hour (vph) =13 vph 8 /5 vph Pass-by PM Peak Hour (vph) =37 vph 19 /19 vph *************************************************** New Daily Traffic (ADT) =1,092 ADT New AM Peak Hour (vph) =40 vph 24 /16 vph New PM Peak Hour (vph) =112 vph 56 /56 vph ********************************************************************************* LUC 850 Daily Traffic (ADT) =T= 83.39(X) + 539.33 =2,624 ADT AM Peak Hour (vph) =T= 2.86(X) =72 vph 42 /29 vph 7-9 AM 59% Enter/ 41% Exit = PM Peak Hour (vph) =Ln(T) = 0.82Ln(X)+2.92 =260 vph 130 /130 vph 4-6 PM 50% Enter/ 50% Exit = Per Collier County ADT = Pass-by = 15% ADT and 25% AM & PM 15%Daily Pass-by Rate 25%AM & PM Pass-by Rate Pass-by Daily Traffic (ADT) =394 ADT Pass-by AM Peak Hour (vph) =18 vph 9 /9 vph Pass-by PM Peak Hour (vph) =65 vph 32 /32 vph *************************************************** New Daily Traffic (ADT) =2,230 ADT New AM Peak Hour (vph) =54 vph 33 /20 vph New PM Peak Hour (vph) =195 vph 97 /97 vph ********************************************************************************* Land Use Trip Generation Equation Code Trip Period (Based upon S.F.)Total Trips Trips Enter/Exit LUC 932 Daily Traffic (ADT) =T= 107.2(X) =2,680 ADT AM Peak Hour (vph) =T= 9.57(X) =239 vph 132 /108 vph 7-9 AM 55% Enter/ 45% Exit = PM Peak Hour (vph) =T= 9.05(X) =226 vph 138 /88 vph 4-6 PM 61% Enter/ 39% Exit = Pass-by Trips per ITE= 43%30%Daily Pass-by Rate Per Collier County ADT = Pass-by = 30% ADT and 40% AM & PM 40%AM & PM Pass-by Rate Pass-by Daily Traffic (ADT) =804 ADT Pass-by AM Peak Hour (vph) =96 vph 53 /43 vph Pass-by PM Peak Hour (vph) =91 vph 55 /35 vph *************************************************** New Daily Traffic (ADT) =1,876 ADT New AM Peak Hour (vph) =144 vph 79 /65 vph New PM Peak Hour (vph) =136 vph 83 /53 vph Page 33 of 409 N N OEoZmZmZr/m nZ m/Z r5r /Zy/am 9 VJ 9 u,e N 2 -2yu'.or. ,w O ..... 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S n, N LU O m y o c m o 5 m o m f o m m !P.-0 3 y F003mo•o° amaEa m m 3 •ma'ndf r co ? m mmyr3 mno2oonF m 'mac r- acm ?o o m c mm Omm m m7•0 < an n 3 m ° 7 ° ,f, w3 == Qm p a m 6- n m a oom m = _. 07 cm mt waf. mn 3om' y J m ,g w ep m •C a al Q °m a X n, 2.. 3 di m 0 o C.FILE NAME D..«..P i. wno P-3I m u950Encore.way TAMIAMI TRAIL a 23075—PUD2 075 PUD Naples,FL.a4110 Phone:(239)254-2000 GREENWAY ROAD MPUD sPs 22 3 r x a w arox . c+w. c .r wrr20 Florida canmoateof MASTER PLAN 10`20`' C^'Y'' of 1 HOLEMONTES Authorization No.1772 ARM.,.vxc w0E0W..SC. t" Rf.' own.................................... EnFA irtwml+5 e„rzPage 34 of 409 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., November 13, 2025, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. CUD-PL20250009732 - TAMIAMI TRAIL GREENWAY ROAD MPUD (ORDINANCE NO. 25-06) - REQUEST FOR A DETERMINATION THAT USE OF GROUP CARE FACILITIES (HOSPICE) (SIC 8361) IS COMPARABLE AND COMPATIBLE WITH THE PERMITTED USES IN TRACT “C” OF THE MPUD DISTRICT. THE SUBJECT PROPERTY IS A VACANT COMMERCIAL PARCEL WITH FOLIO NO. 00739160004, NAPLES, FL 34114, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 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 35 of 409 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 advise d 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.collier.gov/Calendar-Events-directory events after the agenda is posted on the County website. Registration should be done in advance of t he 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@collier.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 36 of 409 Civil Engineers  Land Surveyors  Planners  Landscape Architects Q. Grady Minor and Associates, LLC 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Tamiami Trail Greenway Road MPUD CUD PL20250009732 HEX Backup Application and Supporting Documents Page 37 of 409 Page 38 of 409 Page 39 of 409 Page 40 of 409 Civil Engineers  Land Surveyors  Planners  Landscape Architects Q. Grady Minor and Associates, LLC Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com August 26, 2025 Mr. Mike Bosi, AICP Division Director-Planning and Zoning Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Tamiami Trail Greenway Road MPUD Comparable Use Determination Dear Mr. Bosi: We represent the property owner and the prospective purchaser of approximately 4 acres of property within the commercial tract of the Tamiami Trail Greenway Road MPUD. They wish to construct a 25,000+/- square foot hospice facility that would provide services for out-patient, in-home, and in-patient palliative care for persons with terminal illnesses. In reviewing the permitted list of uses for the MPUD (Ordinance 25-06) I note that Group Care Facilities (ALF, CCRC, care units and nursing homes) are not listed uses. The permitted use list in Exhibit A, Tract C, Paragraph I.A, Principal Uses, does include several health-related uses including a variety of physician offices and home health services. While not explicitly listed, I am of the professional opinion that a hospice is a comparable use to the other health services specifically listed and other C-3 uses that are included in the MPUD. It is important to note that the companion Growth Management Plan amendment (Ordinance 25-05) specifically references that the Subdistrict permits up to 64,000 square feet of Commercial Intermediate, C-3 uses. The MPUD, Ordinance Title also references that the PUD permits 64,000 square feet of Commercial Intermediate, C-3 uses. Although the list of uses does not specifically reference the proposed hospice (Group Care Facility) use, it is my opinion that it is a comparable use to other health services permitted in the MPUD. The C-3 zoning district permits Group Care Facilities (ALF, care units, nursing homes and CCRC’s) by right. In fact, all commercial zoning districts (C-1 through C-5) permit Group Care Facilities by right. It is my opinion that a hospice is included in the grouping of Group Care Facility uses as it is not a separately defined use in the LDC and the Group Care Facilities definition accurately captures the function of a hospice. The LDC references Group Care Facilities as a permitted use in each commercial district: 20. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. Page 41 of 409 Mr. Mike Bosi, AICP RE: Tamiami Trail Greenway Road MPUD Comparable Use Determination August 26, 2025 Page 2 of 4 In hospice care, many of the functions that occur in the offices of a physician, assisted living facility, nursing home or care unit are also provided at a hospice facility whether they are provided as out-patient, in-home care or as short-term in-patient care. Hospice care is also provided to many of these various senior living facilities. Additionally, short-term in-patient care is also commonly provided for certain specialty health service providers such as cosmetic surgical centers, which are permitted in the range of permitted uses in the MPUD (8011-8042). Hospice manages serious and terminal illness through palliative care to manage pain, and also provides counselling, physical and occupational therapy, caregiver training and caregiver respite care. These services are commonly available at many of the health services already permitted within the PUD, such as those for primary care medical clinics, physical therapists, occupational therapists, speech pathologists, and home health services. The MPUD also permits a variety of Social Services (8322) which allow for activity centers for adults, or adult day care services. In addition to the comparable services offered, the hospice use is compatible with the other commercial services permitted in the MPUD. The hospice use would be designed to meet the County’s site design and architectural standards. Outdoor activities will be minimal and hospice will utilize a courtyard and small garden area for relaxation and reflection. The MPUD allows many more intensive uses than a hospice. The MPUD allows a full range of commercial uses including retail, medical office, restaurant, health clubs and other professional services. Traffic generation is a common measurement of use intensity. The hospice use generates far fewer trips than that associated with other permitted uses within the MPUD. Mr. James Banks, P.E, has prepared a simple trip generation comparison for hospice. There is no ITE rate specifically for a hospice; therefore, Mr. Banks used an ALF as the basis for the comparison. Hospice will likely purchase 4+/- acres of the 24-acre commercial tract and construct a 25,000+/- square foot building. It will likely have in-patient facilities for 20+/- individuals; however, I have asked Mr. Banks to calculate the trips based on 50 beds to ensure that the trip generation is not underestimated for the hospice use. Mr. Banks’ calculations are attached for your review and demonstrate that the hospice use generates fewer trips than 25,000 square feet of other currently allowed uses in the MPUD. By example, the proposed hospice use would generate only 12 p.m. peak hour trips compared to 99 p.m. peak hour trips for a medical office building. The Land Development Code Section 10.02.06.K identifies criteria for a comparable use determination. We have addressed these criteria as follows: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; Hospice care is provided on a 24 hour basis, 7 days per week. The MPUD has no limitations on hours of operation for any permitted use. ii. Traffic volume generated/attracted; The hospice use generates far fewer traffic trips than many other permitted uses as evidenced by the attached trip generation report. Page 42 of 409 Mr. Mike Bosi, AICP RE: Tamiami Trail Greenway Road MPUD Comparable Use Determination August 26, 2025 Page 3 of 4 iii. Type of vehicles associated with the use; Vehicles associated with hospice include personal vehicles for employees and guests. Service vehicles will include delivery vehicles for linen and food services. These vehicles are similar to those serving the other permitted uses within the MPUD. iv. Number and type of required parking spaces; and The Collier County Land Development Code does not specify a parking standard for a hospice use; however, it is anticipated that parking will be provided similarly to that required for an assisted living facility. v. Business practices and activities. Hospice will offer in-home, out-patient and short-term in-patient care for individuals with terminal illnesses. Services at the facility will occur indoors and the building will be designed to meet the County’s architectural standards. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. The hospice use will have no impact to neighboring properties with regard to noise, glare or odor and will not be greater than that associated with any of the retail, medical office or restaurant uses already permitted within the MPUD. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. The MPUD is located within the Tamiami Trail Greenway Road Mixed Use Subdistrict of the Future Land Use Element. This Subdistrict permits up to 64,000 square feet of commercial uses with the intensity of Commercial Intermediate, C-3 uses. The proposed hospice is comparable to Group Care Facilities that are permitted by right in the C-3 Zoning District. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. As discussed above, the hospice use is compatible with other commercial uses permitted within the MPUD, including a variety of retail, office, medical, and service uses. e. The proposed use shall be compatible with the surrounding neighborhood. The hospice will be compatible with the surrounding neighborhood. The MPUD prescribes specific buffering requirements for the perimeter of the commercial tract, Page 43 of 409 Mr. Mike Bosi, AICP RE: Tamiami Trail Greenway Road MPUD Comparable Use Determination August 26, 2025 Page 4 of 4 including an internal buffer to the residential component of the MPUD. The commercial tract is adjacent to non-residential uses located to the northwest and southeast. Residential uses are located to the south across the 200’ wide Tamiami Trail East ROW. Extensive buffers exist within that residential community, and the proposed hospice use will not be any more impactive than other commercial uses currently permitted. f. Any additional relevant information as may be required by County Manager or Designee. The hospice use provides health related services that are comparable in nature to other uses located with PUD that provide social, health and medical services. The use is also allowed in all conventional commercial zoning districts by right. We have attached copies of the MPUD Ordinance 25-06, the Tamiami Trail Greenway Road Mixed Use Subdistrict Ordinance 25-05, and a trip generation report comparing the hospice use to other permitted uses on the subject property. We are requesting that staff concur with the applicant that the hospice use is comparable in nature to those permitted uses listed Ordinance 25-06, Exhibit A, Tract C Commercial, paragraph I.A. Principal Uses. We appreciate your review and look forward to obtaining your verification of these issues. Please let us know if you have any questions or need any additional information in order to address our request. Sincerely, D. Wayne Arnold, AICP c: SREG GREENWAY LLC GradyMinor File (25-815) Page 44 of 409 Tamiami Trail Greenway Road MPUD Comparable Use Determination (PL20250009732) Legal Description Legal Description.docx September 23, 2025 Page 1 of 1 Q. Grady Minor and Associates, LLC 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Tract C, Parcel ID 00739160004: Page 45 of 409 EXHIBIT D TAMIAMI TRAIL GREENWAY ROAD MPUD LEGAL DESCRIPTION PARCEL 1 (ID NO. 00740080005)&PARCEL 2 (ID NO. 00741080101): COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12,NO°11'20"E, 745.35 FEET; THENCE N89°56'55"W, 508.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N89°56'55"W, 317.20 FEET; THENCE N54°18'59"W, 254.14 FEET; THENCE NO°25'53"E, 330.61 FEET; THENCE S89°56'55"E, 515.39 FEET; THENCE SO°11'20"W, 473.41 FEET TO THE POINT OF BEGINNING, AND BEING A PART OF THE SOUTHEAST 1/4 OF SAID SECTION 12,AND;THE SOUTH 216.00 FEET OF THE FOLLOWING PARCEL: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12, NO°11'20"E, 745.35 FEET FOR A PLACE OF BEGINNING; THENCE N89°56'55"W, 508.47 FEET; THENCE NO°11'20"E, 473.41 FEET; THENCE S89°56'55"E, 508.47 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE ALONG SAID EAST LINE SO°11'20"W, 473.41 FEET TO THE PLACE OF BEGINNING, AND BEING PART OF THE SOUTHEAST 1/4 OF SECTION 12. LESS AND EXCEPT THEREFROM THE EAST 30 FEET OF SAID PARCEL. PARCEL 3 (ID NO. 00738920009): COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12, NO°11'20"E, 154.53 FEET FOR A PLACE OF BEGINNING; THENCE N54°18'59"W, 1014.13 FEET; THENCE S89°56'55"E, 825.67 FEET TO THE EAST LINE OF SAID SECTION 12; THENCE ALONG SAID EAST LINE SO°11'20"W, 590.82 FEET TO THE PLACE OF BEGINNING, BEING IN THE SOUTHEAST QUARTER OF SECTION 12. PARCEL 4 (ID NO. 00738960001): COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 12, NO°11'20"E, 154.53 FEET; THENCE N54°18'59"W, 1259.27 FEET TO A PLACE OF BEGINNING: THENCE CONTINUING N54°18'59"W,423.66 FEET TO THE WEST LINE OF THE EAST 1/4 OF THE EAST 1/4 OF SAID SECTION 12; THENCE ALONG SAID WEST LINE NO°25'53"E, 522.53 FEET; THENCE S89°56'S5"E, 345.98 FEET; THENCE SO°25'S3"W, 769.35 FEET TO THE PLACE OF BEGINNING. Page 9 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12- 19-2024).docx Page 46 of 409 PARCEL 7 (ID NO. 00739160004): LOTS 1, 2, 3, 4, 5, 6, & 7 OF AN UNRECORDED PLAT, BEING MORE SPECIFICALLY DESCRIBED AS: BEGINNING AT THE SOUTH EAST CORNER OF SECTION 12, TOWNSHIP 51 SOUTH,RANGE 26 EAST, SOUTH 00°00'00"RUN 335.26 FEET TO A POINT, THENCE NORTH 54°36' 00" WEST 484.26 FEET TO A POINT ON NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 AND BEING POINT OF BEGINNING. THENCE NORTH 54° 36' 00" WEST 900.00 FEET ALONG THE NORTH RIGHT-WAY-LINE OF U.S. HIGHWAY NO. 41 TO A POINT; THENCE NORTH 35°24'00" EAST 400 FEET TO A POINT; THENCE SOUTH 54°36'00"EAST 900 FEET TO A POINT,THENCE SOUTH 35°24'00"WEST 400 FEET TO A POINT OF BEGINNING, BEING 8.26 ACRES,MORE OR LESS,IN SECTION 12,AND A FRACTIONAL PART IN SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA LESS BEGINNING AT SOUTHEAST CORNER OF SECTION 12 RUN SOUTH 0°00'00" 335.26 FEET TO A POINT ON NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41; THENCE NORTH 54°36' 00" WEST 1184.26 FEET TO A SET CONCRETE MARKER ON NORTH RIGHT-OF-WAY OF U.S.HIGHWAY NO.41 BEING THE POINT OF BEGINNING,THENCE NORTH 35°24'00"EAST 400 FEET TO A SET CONCRETE MARKER, THENCE NORTH 54°36'00" WEST 200 FEET TO A SET CONCRETE MARKER, THENCE SOUTH 35°24'00" WEST 400 FEET TO A SET CONCRETE MARKER ON NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41, THENCE SOUTH 54°36'00" EAST 200 FEET TO POINT OF BEGINNING, BEING 1.83 ACRES, MORE OR LESS, IN SECTION 12, TOWNSHIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Page 10 of 16 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\PUDZ\Post CCPC\Tamiami Trail Greenway Road MPUD(PL-20230008640)(12-19-2024).docx Page 47 of 409 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov ww.colliercountyfl.gov 01/2023 Page 1 of 3 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 N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership N.A. c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership SREG GREENWAY LLC, 2210 VANDERBILT BEACH ROAD, SUITE 1201, Naples FL 34109 J. Thomas Conroy, III, Manager (Ownership Interest) John T. Conroy IV, Manager (Ownership Interest) 100 PROPERTY OWNERSHIP DISCLOSURE FORM Page 48 of 409 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov ww.colliercountyfl.gov 01/2023 Page 2 of 3 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address N.A. g. Date subject property acquired 2024 Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: Page 49 of 409 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov ww.colliercountyfl.gov 01/2023 Page 3 of 3 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. August 26, 2025 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) AFFIRM PROPERTY OWNERSHIP INFORMATION Page 50 of 409 Page 51 of 409 1 Sharon Umpenhour From:Wayne Arnold Sent:Thursday, August 21, 2025 10:37 AM To:Michael Bosi; Ray Bellows Cc:Sharon Umpenhour Subject:RE: Tamiami Trail Greenway Road MPUD Thanks Mike. Wayne Arnold , AICP | Principal Planner P: 239.947.1144 | E: WArnold@gradyminor.com From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent: Thursday, August 21, 2025 10:21 AM To: Wayne Arnold <WArnold@gradyminor.com>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: Tamiami Trail Greenway Road MPUD Wayne, Please submit this e-mail as evidence of the pre-app being satisfied for the Comparable Use Determination. I would encourage you to reach out to staff of the various disciplines if you have any specific questions. Sincerely, mike Michael Bosi AICP Division Director - Planning & Zoning Zoning Office:239-252-1061 Mobile:239-877-0705 2800 North Horseshoe drive Naples, Florida 34104 Michael.Bosi@colliercountyfl.gov From: Wayne Arnold <WArnold@gradyminor.com> Sent: Thursday, August 21, 2025 10:16 AM To: Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: Tamiami Trail Greenway Road MPUD Page 52 of 409 2 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. Mike, I have begun the CUD application and my thoughts on the hospice use qualifying as a comparable use in the PUD. As you are aware a hospice provides palliative care for comfort and quality of life management for individuals with terminal illnesses. 1. The property is within the Tamiami Trail Greenway Road MU District on the FLU map and Ord. 25- 05 permits commercial uses consistent with the C-3 zoning district. Ordinance 25-06, the MPUD did not list a hospice or Group Care Facility as a permitted use, although the ordinance title does indicate that the uses are consistent with the C-3 zoning district. 2. C-3 permits Group Care Facilities (ALF, care units, nursing homes and CCRC’s) by right. All commercial zoning districts permit Group Care Facilities by right. 3. The Tamiami Trail Greenway Road MPUD permits a full range of health care services (8011-8049) and home health services (8082). Some specialty health facilities such as cosmetic surgeons offer in-patient care. 4. Hospice care includes out-patient care, in-home care and in-patient care. These services are consistent with services commonly provided either in a traditional physicians office or in an ALF, nursing home or care unit. Hospice also provides services to persons residing in ALF’s, nursing homes and other senior living facilities. 5. In addition to the comparable services offered, the hospice use is compatible with the other commercial services permitted in the MPUD. The hospice use would be designed to meet the County’s site design and architectural standards. Outdoor activities will be minimal with use of a courtyard and small garden area for relaxation and reflection. The MPUD allows many much more intensive uses than a hospice. The MPUD allows a full range of commercial uses including retail, medical office, restaurant, health clubs and other professional services. 6. The hospice use generates far fewer trips than that associated with other permitted uses within the MPUD. I asked Jim Banks to prepare a simple trip generation comparison for hospice. There is no ITE rate specifically for a hospice; therefore, Jim used an ALF as the basis for the comparison. Hospice will likely purchase 4+/- acres of the 24 acre commercial tract and construct a 25,000+/- square foot building. It will likely have in-patient facilities for 20+/- individuals; however I have asked Jim to calculate the trips based on 50 beds to insure that the trip generation is not underestimated for the use. Jim’s calculations are attached for your review. The existing hospice on Whippoorwill by example has 26 in-patient beds and is located on 20+/- acres. Again, my request to waive the pre-app would allow hospice to file the CUD as soon as possible. If you feel a pre-app is necessary, I would appreciate it if it could simply be a phone pre-app with whomever on your zoning staff you feel would be necessary. Thanks for your consideration. Wayne Wayne Arnold , AICP | Principal Planner Page 53 of 409 3 P: 239.947.1144 | E: WArnold@gradyminor.com From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent: Monday, August 18, 2025 11:51 AM To: Wayne Arnold <WArnold@gradyminor.com>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: Tamiami Trail Greenway Road MPUD Give me a little bit more of the specifics to show it’s a straightforward process, that is more about satisfying the required steps and the CUD with the low traffic attraction/generation is an easy ask. Thanks, mike Michael Bosi AICP Division Director - Planning & Zoning Zoning Office:239-252-1061 Mobile:239-877-0705 2800 North Horseshoe drive Naples, Florida 34104 Michael.Bosi@colliercountyfl.gov From: Wayne Arnold <WArnold@gradyminor.com> Sent: Monday, August 18, 2025 11:45 AM To: Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: Tamiami Trail Greenway Road MPUD 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. Thanks. Do you think there is any chance to waive the pre-app? They seem to want to move quickly. Wayne Arnold , AICP | Principal Planner P: 239.947.1144 | E: WArnold@gradyminor.com From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent: Monday, August 18, 2025 11:42 AM To: Wayne Arnold <WArnold@gradyminor.com>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: Tamiami Trail Greenway Road MPUD Page 54 of 409 4 3 to 4 months is about average, assuming the petition doesn’t have a lot of moving parts; and a CUD fits that characterization. mike Michael Bosi AICP Division Director - Planning & Zoning Zoning Office:239-252-1061 Mobile:239-877-0705 2800 North Horseshoe drive Naples, Florida 34104 Michael.Bosi@colliercountyfl.gov From: Wayne Arnold <WArnold@gradyminor.com> Sent: Monday, August 18, 2025 11:40 AM To: Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: Tamiami Trail Greenway Road MPUD 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. Thanks Mike. I have not prepared a CUD for a while. Is that taking 3 months or so to make it to the HEX? Wayne Arnold , AICP | Principal Planner P: 239.947.1144 | E: WArnold@gradyminor.com From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent: Monday, August 18, 2025 11:38 AM To: Wayne Arnold <WArnold@gradyminor.com>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: RE: Tamiami Trail Greenway Road MPUD Good morning Wayne, I agree with you. A ZVL more than likely would not be able to state that the use is an allowed use, and fall back on the phase, “the PUD would need to be amended to add the use or as an alternative, a comparable use determination would be needed”. Based upon that fact, you would save your client time and resources if you applied for the CUD application, and as you state the narratives are there to develop. Sincerely, mike Page 55 of 409 5 Michael Bosi AICP Division Director - Planning & Zoning Zoning Office:239-252-1061 Mobile:239-877-0705 2800 North Horseshoe drive Naples, Florida 34104 Michael.Bosi@colliercountyfl.gov From: Wayne Arnold <WArnold@gradyminor.com> Sent: Monday, August 18, 2025 11:26 AM To: Michael Bosi <Michael.Bosi@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: Tamiami Trail Greenway Road MPUD 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. Mike and Ray, hospice is interested in acquiring a portion of the commercial tract for this PUD. The PUD does not indicate that skilled nursing is a permitted use. Typical medical doctors and offices are permitted. Hospice does provide services comparable to medical offices but as you know, they also have inpatient care. They wanted me to file a ZVL but it seems to me a better use of their time to instead file for a comparable use determination if you believe that the hospice use is not permitted by right. The site was formerly C-3 which did allow for group housing uses such as skilled nursing, etc. so I think the case for a comparable use can be fairly straightforward. I would appreciate it if you could let me know your thoughts. Thank you, Wayne Wayne Arnold , AICP | Principal Planner P: 239.947.1144 | E: WArnold@gradyminor.com 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. Page 56 of 409 Page 57 of 409 Page 58 of 409 Page 59 of 409 ORDINANCE NO. 2025- 0 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF PROPERTY FROM URBAN, MIXED USE DISTRICT, URBAN RESIDENTIAL SUBDISTRICT TO URBAN, MIXED USE DISTRICT, TAMIAMI TRAIL GREENWAY ROAD MIXED USE SUBDISTRICT, TO ALLOW CONSTRUCTION OF 300 MULTI-FAMILY RENTAL UNITS WITH AFFORDABLE HOUSING AND UP TO 64,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE, C-3 ZONING DISTRICT USES, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY IS LOCATED NORTH OF TAMIAMI TRAIL EAST, APPROXIMATELY 441 FEET WEST OF INTERSECTION OF TAMIAMI TRAIL EAST AND GREENWAY ROAD, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.41± ACRES. PL20230008643] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Investment Properties Corporation of Naples requested an amendment to the Future Land Use Element and Future Land Use Map and Map Series; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and 23-CMP-01208/1858464/1]31 Words underlined are additions;Words struck are deletions. 1 of 3PL20230008643areabreakintext Tamiami Trail Greenway Rd SSGMPA 11/19/24 Page 60 of 409 WHEREAS, the Collier County Planning Commission (CCPC) on December 19, 2024, considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on January 28, 2025; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMERCE The Board of County Commissioners directs transmittal of the adopted amendment to the Florida Department of Commerce. SECTION THREE: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development 23-CMP-01208/1858464/1]31 Words underlined are additions;Words struckgh are deletions. 2 of 3PL20230008643areabreakintext Tamiami Trail Greenway Rd SSGMPA 11/19/24 Page 61 of 409 permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. PASSED AND DALY ADOPTED by the Board of County Commissioners of Collier County, Florida this c2 day of TA ti u 0,, 17 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. I < , CLERK COLLIER COUNTY, FLORIDA BY: I)eptlty Clerk Burt L. Saunders, Chairman A a. to Chairman s ig :bite only Approved as to form and legality: A Hei 1 shton-Cicko Managing Assistant County Attorney This ordinance filed with the Attachment: Exhibit A—Text and Map ice the day of and ocknowledgernen of that fill•.: ,-ceived this day By tv VOA 23-CMP-01208/1858464/1]31 Words underlined are additions;Words struck through are deletions. 3 of 3PL20230008643areabreakintext Tamiami Trail Greenway Rd SSGMPA 11/19/24 Page 62 of 409 EXHIBIT A A. URBAN—MIXED USE DISTRICT 1. Urban Residential Subdistrict 30. Tamiami Trail Greenway Road Mixed Use Subdistrict I. Urban Designation b. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban — Mixed Use District, Ivy Medical Center Subdistrict; Tamiami Trail Greenway Road Mixed Use Subdistrict; and as allowed by certain FLUE policies. A. Urban Mixed Use District 1. Urban Residential Subdistrict 30. Tamiami Trail Greenwav Road Mixed Use Subdistrict The Tamiami Trail Greenway Road Mixed Use Subdistrict is comprised of±24.41 acres and located in the northwest quadrant of the intersection of Tamiami Trail East and Greenway Road, as depicted on the Tamiami Trail Greenway Road Mixed Use Subdistrict Inset Map. Allowable uses are: 1) up to 300 multi-family dwelling units; and 2) a maximum of 64,000 square feet of gross floor area(GFA)of Commercial Intermediate,C-3 zoning district uses.This subdistrict shall be rezoned to a Mixed Use Planned Unit Development (MPUD) and shall include development standards to ensure compatibility with the surrounding area. Page 1 of 2 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\GMPA\3rd Resubmittal\Exhibit N.B.1-GMPA Text(9- 3-2024).docx Page 63 of 409 a. To achieve the 300 dwelling units,the MPUD shall commit to the following. b. Affordable units. Of the dwelling units constructed within each phase,the following requirements will apply: 1. Fifteen percent (15%) of the units will be rented to households whose incomes do not exceed eighty percent (80%) of the Area Median Income (AMI) for Collier County with corresponding rent limits as determined annually by the Florida Housing Finance Corporation or as otherwise provided by Collier County. Fifteen percent 15%) of the units will be rented to households whose incomes do not exceed one hundred percent(100%) of the AMI for Collier County with corresponding rent limits as determined annually by the Florida Housing Finance Corporation or as provided by Collier County. 2. At each SDP/SDPA, the SDP/SDPA shall identify and quantify the 15% of the units that will be rented to households whose incomes are up to and including 80%of AMI for Collier County and the 15%of the units that will be rented to households whose incomes are up to and including 100%of the AMI for Collier County. 3. As part of Collier County's annual monitoring for the PUD, the owner will provide to Collier County Community and Human Services Division(CHS)an annual report at least forty-five (45) days prior to the anniversary of the adoption of the PUD that provides the progress and monitoring of occupancy of income and rent-restricted units. The annual report will be provided in a format approved by CHS.The owner further agrees to annual on-site monitoring by the County. Page 2 of 2 Q:\FL-NAPL-HM\HMDATA-NP2\2023\2023075\WP\GMPA\3rd Resubmittal\Exhibit IV.B.1-GMPA Text(9-3-2024).docx Page 64 of 409 EXHIBITA PL20230008643 F TAMIAMI TRAIL GREENWAY ROAD MIXED USE SUBDISTRICT 0 COLLIER COUNTY,FLORIDA Melody LN z Sandfield LN a Andrea LN Kath LN SUBJECT James RDySITE Cecil RD aJ Maretee DR Mesquite DR Apalachee ST 9l4 l?' Achill DR Aviamar CIR aQti, 4 o ADOPTED-XXXX,XXXX 0 150 300 600 Feet LEGEND Ord. No.XXXX-X) I I I I I II PREPARED BY:BETH YANG.AICP TAMIAMI TRAIL GREENWAYp, GROWTH MANAGEMENT DEPT. 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S-1`.4 le 0 g sgol O. ilt-- -1,:.•dr...07,W D to. rt ' t% Iiii m F:i i___:=13 i f f MCC G IA -, ° I E" I T 46S I T 47 S I T 48 S I T 49 S I 750S I T 51S I T 52 S I T 83 S I 3 Page 66 of 409 l, nu )l,IL l FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State February 4, 2025 Crystal K. Kinzel Clerk of Court Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Crystal Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2025-05, which was filed in this office on February 3, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Page 67 of 409 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., November 13, 2025, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. CUD-PL20250009732 - TAMIAMI TRAIL GREENWAY ROAD MPUD (ORDINANCE NO. 25-06) - REQUEST FOR A DETERMINATION THAT USE OF GROUP CARE FACILITIES (HOSPICE) (SIC 8361) IS COMPARABLE AND COMPATIBLE WITH THE PERMITTED USES IN TRACT “C” OF THE MPUD DISTRICT. THE SUBJECT PROPERTY IS A VACANT COMMERCIAL PARCEL WITH FOLIO NO. 00739160004, NAPLES, FL 34114, IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. 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 68 of 409 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 advise d 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.collier.gov/Calendar-Events-directory events after the agenda is posted on the County website. Registration should be done in advance of t he 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@collier.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 69 of 409 11/13/2025 Item # 3.B ID# 2025-4563 PETITION NO. PL20240004122 - BLCD - 155 Windward Cay - Request to approve a Boat Lift Canopy Deviation for a second 27-foot by 18.5-foot boat lift canopy in addition to the allowed 35-foot by 21-foot boat lift canopy on a canal-front lot pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located at 155 Windward Cay, further described as Lot 50, Port of the Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 1 ATTACHMENTS: 1. Staff Report 10232025 2. Attachment A - Canopy Details 3. Attachment B - Proposed Site Plan 4. Attachment C - Building Permit 97051752 with CCPC Resolution 97-19 5. Attachment D - Building Permit PRMAR20230834263 6. Attachment E - Applicant’s Backup – Application and Supporting Documents 7. Attachment F - Public Hearing Sign Posting 10282025 Page 70 of 409 BLCD-PL20240004122; 155 Windward Cay – Mack October 23, 2025 Page 1 of 5 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: NOVEMBER 13, 2025 SUBJECT: BLCD-PL20240004122, 155 WINDWARD CAY - BOAT LIFT CANOPY PROPERTY OWNER/APPLICANT: AGENT: Josef F. Mack, Trustee Sherry Gaston Josef F Mack Living Trust Waterway Canopies 155 Windward Cay 15040 Tamiami Trail Naples, FL 34114 Punta Gorda, FL 33955 REQUESTED ACTION: The petitioner requests approval for a Boat Lift Canopy Deviation for a second 27-foot by 18.5- foot boat lift canopy in addition to the allowed 35-foot by 21-foot boat lift canopy on a canal- front lot pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property, Property ID No. 68300003008, is located at 155 Windward Cay: also known as Lot 50, Port of the Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is an improved 0.27-acre canal front lot located within a Residential Single- Family-4 (RSF-4) Zoning District. The petitioner desires to construct two-boat lift canopies over a dock facility constructed in accordance with Building Permit No. 97051752, for which a Certificate of Completion was issued on June 12, 1997. Said dock required a Boat Dock Extension, BD-97-9, to allow for a 38-foot protrusion; the BD was approved by CCPC Resolution No. 97-19, which was adopted by a majority vote on May 15, 1997. A second lift was added using Building Permit No. PRMAR20230834263 for which a Certificate of Completion was issued on July 1, 2025. The first canopy can be approved administratively; however, the second requires a deviation, as LDC section 5.03.06.G.2 limits the number of canopies on lots with frontage on canals to one per site; both canopies are otherwise Code compliant with respect to length, width, and height. Page 71 of 409 BLCD-PL20240004122; 155 Windward Cay – Mack October 23, 2025 Page 2 of 5 SURROUNDING LAND USE & ZONING: North: Canal, then a Single-family residence located within a Residential Single-Family- 4 (RSF-4) Zoning District South: Windward Cay (Right-of-Way), then a Single-family residence located within an RSF-4 Zoning District East: Single-family residence located within an RSF-4 Zoning District West: Single-family residence located within an RSF-4 Zoning District Page 72 of 409 BLCD-PL20240004122; 155 Windward Cay – Mack October 23, 2025 Page 3 of 5 Collier County GIS STAFF ANALYSIS: The LDC defines a “boat lift canopy” as follows: a covering that is applied to a boat lift over a legally permitted dock. The standards for boat lift canopies are contained within LDC section 5.03.06.G. Boat lift canopies that satisfy the standards contained within LDC section 5.03.06.G may be administratively approved by the County Manager or their designee. Deviations from the listed standards may be approved by the Hearing Examiner, subject to the public hearing process. Boat lift canopies are a permitted use on waterfront properties per LDC section 5.03.06.B.5. While the LDC does not contain review evaluation criteria in the event of a deviation from a Boat Lift Canopy, Staff recognizes that both proposed canopies satisfy the criteria required by LDC Section 5.03.06.G.1. Therefore, Staff can support the requested deviation from Section 5.03.06.G.2. Page 73 of 409 BLCD-PL20240004122; 155 Windward Cay – Mack October 23, 2025 Page 4 of 5 Land Development Code, Ordinance 04-41, As amended: 5.03.06.G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site. In this case, the applicant desires to construct two dusky blue boat lift canopies over a lawfully permitted dock facility on a canal-front property where there are no boathouses or other covered structures. Both canopies, measuring 27 feet by 18.5 feet and 35 feet by 21 feet, are 12 feet in height and are Code compliant; the deviation is only for the number of canopies on a canal-front property. CONCURRENT LAND USE APPLICATIONS: None. Page 74 of 409 BLCD-PL20240004122; 155 Windward Cay – Mack October 23, 2025 Page 5 of 5 APPEAL OF BOAT LIFT CANOPY DEVIATION: As to any boat lift canopy deviation petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BLCD-PL20240004122, to allow for the construction of two boat lift canopies on a canal-front lot as depicted within the plans contained within Attachments A and B, subject to the following conditions: 1. The boat lift canopies are to be removed upon issuance of an official hurricane warning affecting the location of the boat lift canopy; and 2. A Building Permit, or building permits, shall be obtained for the construction and/or placement of the subject boat lift canopies. Attachments: A. Canopy Details B. Proposed Site Plan C. Building Permit 97051752 with CCPC Resolution 97-19 D. Building Permit PRMAR20230834263 E. Applicant’s Backup – Application and Supporting Documents F. Sign Posting Page 75 of 409 155 Windward CAY35'0DUSKY BLUE12'21'24"CANOPY 1Page 76 of 409 155 Windward CAY0DUSKY BLUE12'24"CANOPY 227'18.5'Page 77 of 409 35'35'CANOPY 1CANOPY 2Protrusion 38'1" including allowed 27" 40'.35"PRMAR2023083426338'Page 78 of 409 Page 79 of 409 Page 80 of 409 Page 81 of 409 Page 82 of 409 Page 83 of 409 Page 84 of 409 Page 85 of 409 Page 86 of 409 Page 87 of 409 Page 88 of 409 Page 89 of 409 Page 90 of 409 CERTIFICATE OF COMPLETION The described portion of the structure has been inspected for compliance with the requirements of the FBC 7th Edition 2020 w/2023 sup3 for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.For buildings and structures in flood hazard areas,documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction.Note:A new certificate is required if the use of the building or premises is changed,or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. Page 1 of 1 This Certificate is issued pursuant to the requirements of the Florida Building Code, certifying that at the time of issuance this structure was in compliance with the various ordinances of the County regulating building construction for use for the following: Per FBC section 111.5, a certificate of completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a certificate of occupancy. Permit Number: PRMAR20230834263 Date Issued: July 01, 2025 Permitted Address: 155 Windward CAY, Naples Parcel: 68300003008 Owner Information: JOSEF F MACK LIVING TRUST 1614 SOUTH CHANEL HARSENS ISLAND, MI 48028 Building Official: Fred Clum Business Name: Job Description: INSTALL 20K BOATLIFT AT WEST END OF DOCK 155 Windward CAY, Naples, lot 50 Number of Electrical Meters: Page 91 of 409 Page 92 of 409 PAGE 2 OF 3 SURVEY SKETCH OF SURVEY NOT FOR FENCE CONSTRUCTION NOT FOR CONSTRUCTION NOT FOR DESIGN NOT FOR ENGINEERING DESIGN PHOTO PAGE REVISIONS PROJECT NO. N/A 25-88337 BONITA SPRINGS, FLORIDA 34135 F.L.A. SURVEYS CORP.NAPLES, FLORIDA 34104 DRAWN BY: LFD PARTY CHIEF: PROFESSIONAL LAND SURVEYORS & MAPPERS - LB 6569 239-250-5730 3884 PROGRESS AVE, SUITE 104-B 9220 BONITA BEACH RD, STE. 200 Page 93 of 409 PAGE 3 OF 3 NOT VALID WITHOUT PAGES 1 AND 2 OF 3 GENERAL NOTES ABSTRACT NOT REVIEWED N =NORTH S =SOUTH E =EAST W =WEST,OR ANY COMBINATIONTHEREOF 1.º=DEGREES 2.‘=MINUTES WHEN USED IN A BEARING 3.“=SECONDS WHEN USED IN A BEARING 4.‘=FEET WHEN USED IN A DISTANCE 5.“=INCHES WHEN USED IN A DISTANCE 6.±=“MORE OR LESS”OR “PLUS OR MINUS” 7.A =ARC DISTANCE 8.AC =ACRES 9.A/C =AIR CONDITIONING PAD 10.A.E =ACCESS EASEMENT 10 A.ADJ=ADJUSTED 11.AF =ALUMINUM FENCE 12.AMUE =AVE MARIA UTILITY EASEMENT 12A.APPROX.=APPROXIMATE 12B.AVE =AVENUE 13.B.E.=BUFFER EASEMENT 14.BM =BENCHMARK 15.BOB =BASIS OF BEARING 16.BRG =BEARING 17.C#=CURVE NUMBER 18.C =CALCULATED 19.CB =CATCH BASIN 20.CHB =CHORD BEARING 21.CHD =CHORD 22.CLF =CHAINLINK FENCE 23.CM =CONCRETE MONUMENT 24.CO =CLEAN OUT 25.COL =COLUMN 26.CONC =CONCRETE 27.CPP =CONCRETE POWER POLE 28.CSW =CONCRETE SIDEWALK 29.CTV=CABLE TV RISER 30.C.U.E=COLLIER COUNTY UTILITY EASEMENT 31.D =DEED 32.D.E=DRAINAGE EASEMENT 33.DH =DRILL HOLE 34.DI =DROP INLET 35.ELEC=ELECTRIC 36.EOP =EDGE OF PAVEMENT 37.EOR =EDGE OF ROAD 38.EOW =EDGE OF WATER 39.F=AS LABELED OR FOUND IN THE FIELD 40.F.A.C.=FLORIDA ADMINISTRATIVE CODE 41.FCC =FOUND CROSS CUT 42.FCM =FOUND CONCRETE MONUMENT 43.FEMA =FEDERAL EMERGENCY MANAGEMENT AGENCY 44.FDH =FOUND DRILL HOLE 45.FFE =FINISH FLOOR ELEVATION 46.FH =FIRE HYDRANT 47.FIP =FOUND IRON PIPE 48.FIR =FOUND IRON ROD 49.FN =FOUND NAIL 50.FND =FOUND 51.FN&D =FOUND NAIL &DISC 52.FPK =FOUND PK NAIL 53.FPK&D =FOUND PK NAIL AND DISC 53.G =GEODETIC 54.GPS =GLOBAL POSITIONING SYSTEM 54.GCE =GOLF COURSE EASEMENT 55.HCP =HANDICAP PARKING 56.IE =IRRIGATION EASEMENT 57.ILLEG =ILLEGIBLE 57.LB =LICENSED BUSINESS 58.LBE =LANDSCAPE BUFFER EASEMENT 59.LE =LANDSCAPE EASEMENT 60.L.M.E =LAKE MAINTENANCE EASEMENT 61.LP =LIGHT POLE 62.M =MEASURED 63.ME =MAINTENANCE EASEMENT 64.MH =MANHOLE 65.N.A.V.D.=NORTH AMERICAN VERTICAL DATUM 65.A NAVD =NORTH AMERICAN VERTICAL DATUM 66.N.G.V.D.=NATIONAL GEODETIC VERTICAL DATUM 67.NO ID =NO IDENTIFYING MARKINGS 68.(NR)=NON-RADIAL 69.NTS=NOT TO SCALE 70.OHP=OVERHEAD POWER 71.OHU =OVERHEAD UTILITY LINE 72.O.R.=OFFICIAL RECORD BOOK 73.O/S =OFFSET 74.P =PLAT 75.PBIDDE =PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT 76.PC =POINT OF CURVATURE 77.PCC POINT OF COMPOUND CURVATURE 78.PCP =PERMANENT CONTROL POINT 79.PG =PAGE 80.PI =POINT OF INTERSECTION 81.PK =PARKER KALON NAIL 82.PLS =PROFESSIONAL LAND SURVEYOR 83.POB =POINT OF BEGINNING 84.POC =POINT OF COMMENCEMENT 85.PP =POWER POLE 86.PRC =POINT OF REVERSE CURVE 87.PRM =PERMANENT REFERENCE MONUMENT 88.PSM=PROFESSIONAL SURVEYOR AND MAPPER 89.P.U &D.E =PUBLIC UTILITY &DRAINAGE EASEMENT 90.PUE =PUBLIC UTILITY EASEMENT 91.PT =POINT OF TANGENCY 92.PVS =PAVERS 93.Q.W.P.E.=QUAIL WEST PERPETUAL EASEMENT 94.(R )=RADIAL 95.R =RADIUS 96.RING =ITEM DETECTED BY METAL DETECTOR BUT NOT RECOVERED 97.RNG=RANGE 98.ROW =RIGHT-OF-WAY 99.RR SPK =RAILROAD SPIKE 100.SAT=SATELLITE DISH 101.S.D.E =STREET DRAINAGE EASEMENT 102.SEC =SECTION 103.SDH =SET DRILL HOLE,NO ID 104.SIR =SET 5/8"IRON ROD WITH LB NUMBER OF CORPORATION 105.SPK&D =SET PK WITH DISC WITH LB NUMBER 106.TBM TEMPORARY BENCH MARK 107.TEL =TELEPHONE FACILITIES 108.TOB =TOP OF BANK 109.TP =TRANSMITTER PAD 110.TWP=TOWNSHIP 111.U.E =UTILITY EASEMENT 112.VF =VINYL FENCE 113.VLV =VALVE 114.W =WATER SERVICE 115.WIT =WITNESS 115.WB =WATER BOX 116.WF=WOOD FENCE 117.WPP=WOOD POWER POLE 118.=DELTA OR CENTRAL ANGLE OF CURVE 119.DIMENSIONS ARE IN FEET AND IN DECIMALS THEREOF 120.ELEVATIONS SHOWN HEREON ARE N.A.V.D.UNLESS OTHERWISE STATED 121.ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT DIMENSIONS ARE FOR INFORMATIONAL PURPOSES ONLY.THAT THEY DO EXIST,BUT WERE NOT NECESSARILY MEASURED IN THE FIELD. 122.NOTE:LEGAL DESCRIPTION IS FROM LATEST DEED OF RECORD UNLESS OTHERWISE NOTED. 123.EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER RECORDED PLAT OR AS FURNISHED BY THE CLIENT 124.FOUNDATION LINE BELOW THE SURFACE OF THE GROUND IS NOT REFLECTED 125.THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES UNDER ANY CONDITION UNLESS OTHERWISE STATED 126.NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED 127.NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS,RIGHT OF WAYS,AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN 128.THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT THOSE AS DELINEATED ON THIS PLAT OF SURVEY 129. TIES ARE TO FIELD LINES UNLESS OTHERWISE NOTED 130.THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR EASEMENTS THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 131.FENCES MEANDER ON AND OFF LINE,APPROXIMATE LOCATION ONLY UNLESS STATED OTHERWISE.132.THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP 133.THE INTENT OF THIS SURVEY IS FOR TITLE TRANSFER ONLY UNLESS STATED OTHERWISE 134. FLORIDA STATUTE 61G17-6.004:TWO SITE BENCHMARKS ARE REQUIRED FOR CONSTRUCTION.135.THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. 121.F.E.M.A.FLOOD HAZARD MAPPING:THIS DATE PRODUCT WAS NOT DESIGNED TO MAKE PRECISE IN/OUT FLOOD RISK DETERMINATIONS.THIS PRODUCT IS NOT SUITABLE FOR ENGINEERING APPLICATIONS AND CANNOT BE USED TO DETERMINE ABSOLUTE DELINEATIONS OF FLOOD Page 94 of 409 BOUNDARIES.CALL 1-877-FEMAMAP OR EMAIL A MAP SPECIALIST AT WWW.FEMA.ORG/MIT/TSD/FQ MAP17.HTM. 137.PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING,PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION 138.IN COMPLIANCE WITH F.A.C.61G17-6.0031 (4)(E)–IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD,OTHER THAN THOSE ON RECORD PLAT,IS REQUIRED,THIS INFORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. 139.IF APPLICABLE,FENCES SHOWN MEANDER ON OR OFF LINES (APPROXIMATE LOCATION ONLY)140. ARCHITECTURAL FEATURES,SUCH AS FURRING STRIPS,SIDING,CORNICES,STUCCO,ETC.,OUTSIDE THE LINE OF THE STRUCTURE HAVE BEEN TAKEN INTO ACCOUNT WHEN GIVING TIES FROM THE STRUCTURE TO THE LOT LINES. 141.ATTENTION IS DIRECTED TO THE FACT THAT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN SIZE DUE TO REPRODUCTION.THIS SHOULD BE TAKEN INTO CONSIDERATION WHEN OBTAINING SCALED DATA. Page 95 of 409 Growth Management Community Development Building Plan Review & Inspection PERMIT EXTENSION AUTHORIZATION Executive Order 22-218, As Amended June 25, 2025 Permit Number: PRMAR20230834263 New Expiration Date: August 11, 2025 Dear Applicant, At this time, an extension fee will not be accessed with your permit being reinstated as per Executive Order 22-218, as amended. Your permit is set to expire on August 11, 2025. If an inspection does not pass on or by the expiration date, your permit will expire, and you will need to submit a new extension request. If you require additional time, you can either wait until the Executive Order expires to see if it is renewed OR you may request a standard 90 day extension by submitting a new extension request. If another extension request is submitted before the executive order expires, then it will be processed as a standard extension and an extension fee will be assessed if applicable. Thank you Building Permit Resolution Services 2800 N. Horseshoe Dr. Naples Fl. 34104 (239) 252-2493 ______________________________________________________________________ Your permit can be accessed here: https://cvportal.colliercountyfl.gov/CityViewWeb/ Page 96 of 409 Page 97 of 409 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT 2800 N. Horseshoe Drive, Naples FL 34104 | Phone (239) 252-2400 Incomplete Condition Notice November 21, 2023 JOB SITE ADDRESS: 155 Windward CAY, Naples Permit Number: PRMAR20230834263 Condition Description: Survey - Final CO Hold A sufficiency review of your document submitted for the condition is insufficient. The following items are insufficient and will need to be corrected: The provided Boat Dock Extension allows for 38' of protrusion: BD-97-9 (RB) CCPC 5/15/97 RES 97-19 Miles L. Scofield representing M. J. Zuidema, Jr., requesting an 18 foot boat dock extension to allow for a 38 foot boat dock and boat lift facility for property located at 155 Windward Cay, further described as Lot 50, Port-of-the-Islands Phase II (the Cays), in Section 9, Township 52 South, Range 28 East. Please have surveyor confirm the measurement of protrusion. If exceeding 38', further approval may be required. ______________________________________________________________________ Outstanding documents can be submitted online. Your application can be accessed here: https://cvportal.colliercountyfl.gov/CityViewWeb/ Page 98 of 409 Page 99 of 409 Page 100 of 409 PRMAR2023083426301 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRMAR2023083426301 PERMIT TYPE: Marine DATE ISSUED: September 27, 2023 BUILDING CODE IN EFFECT: FBC 7th Edition 2020 w/ 2023 sup3 JOB ADDRESS: 155 Windward CAY, Naples FOLIO #: JOB DESCRIPTION: INSTALL 20K BOATLIFT AT WEST END OF DOCK 155 Windward CAY, Naples, lot 50 OWNER INFORMATION: JOSEF F MACK LIVING TRUST 1614 SOUTH CHANEL HARSENS ISLAND, MI 48028 AREA OF WORK (SQFT): 0 SETBACKS: FRONT: REAR: 38 LEFT: 15 RIGHT: 15' FLOOD ZONE: AE SEWER: WATER: CONTRACTOR INFORMATION:CERTIFICATE #: KALVIN & CALVIN HOLDING CO LLC (DBA) KALVIN & CALVIN MARINE CONSTRUCTION 4001 EXCHANGE AVENUE NAPLES, FL 34104 (239) 877-2206 Ext: CELL LCC20230001719 Page 101 of 409 PRMAR2023083426301 INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb SETBACKS: FRONT:REAR:38 LEFT:15 RIGHT:15'SPECIAL:FLOOD ZONE: FZAE INSPECTION OUTCOME COMMENTS 115 - Building Final 502 - Electrical Final 506 - Underground Electrical Conduit 810 - Exotic Vegetation Removal OPEN CONDITIONS Condition Type:Condition Description: Informational NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department?s Environmental Services at (239) 252-2400 for additional information. Informational Your property is in the Big Cypress Area of Critical State Concern (ACSC), as identified in Section 380.055, Florida Statutes, and Rule 28-25, Florida Administrative Code. The ACSC is also an overlay on the Future Land Use Map and in the Future Land Use Element of the Collier County Growth Management Plan. It is also a zoning overlay in the Collier County Land Development Code. Section 380.07(2), Florida Statues, and Rule 73C- 44, Florida Administrative Code, require that development orders, e.g. building permits, be sent to the Department of Economic Opportunity for review. Once the permit is issued, County Staff will send the permit and associated documents to the Department of Economic Opportunity.The Department of Economic Opportunity has 45 days upon receipt to review the building permit and appeal the development order on the grounds that it is not consistent with the local government's comprehensive plan or the Principals of Guiding Development for the Area; if an appeal is not filed within 45 days, the development order becomes effective. Should you commence development authorized by this building permit prior to the end of this 45-day period, you do so at your own risk. The status of development orders reviewed or being reviewed by the Department of Economic Opportunity is published on their website: http://www.floridajobs.org/community-planning-and- development/programs/community-planning-table-of-contents (See Permit Review Status webpage) Please contact the Department of Economic Opportunity - Community Planning at ACSC-DO@deo.myflorida.com if you have any questions. Inspection Hold Notice of Commencement: Upload to the condition on the portal. Inspection Hold Sub Contractor (Electrical) Upload to the condition on portal. CO Hold Please upload a Final Spot Survey demonstrating that the improvement listed on the permit meets the required setbacks, easements, and minimum elevation per Chapter 62, Collier County Code of Laws and Ordinances as applicable. NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. Page 102 of 409 PRMAR2023083426301 NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas – 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. – Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS – Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicable utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Page 103 of 409 Page 104 of 409 SFR Page 105 of 409 155 WINDWARD CAY Page 106 of 409 155 WINDWARD CAY Page 107 of 409 Page 108 of 409 Page 109 of 409 Page 110 of 409 Page 111 of 409 Page 112 of 409 Page 113 of 409 Page 114 of 409 Page 115 of 409 Page 116 of 409 Page 117 of 409 Page 118 of 409 Page 119 of 409 Page 120 of 409 Page 121 of 409 Page 122 of 409 Page 123 of 409 Page 124 of 409 Page 125 of 409 Page 126 of 409 Page 127 of 409 Page 128 of 409 1 John Kelly From:John Kelly Sent:Tuesday, October 28, 2025 6:42 PM To:John Kelly Subject:BLCD-PL20240004122 - 155 Windward Cay - Public Hearing Sign Posting, 10/28/2025 Attachments:Photo 1.jpg; Photo 2.jpg I, John Kelly, posted the required Public Hearing Sign for the subject project to the front of the subject property at approximately 1:20 P.M. this date, as evidenced by the attached photographs. Respectfully, John Kelly Planner III Zoning Office:239-252-5719 2800 N Horseshoe Dr. Naples, Florida 34104 John.Kelly@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: John.Kelly@collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 129 of 409 Page 130 of 409 11/13/2025 Item # 3.C ID# 2025-4564 PETITION NO. PL20250001596 - BLCD - 2620 Riverview Drive - Request for a Boat Lift Canopy Deviation to increase the allowable length, from 35 feet to 40 feet, and height, from 12 feet to 14 feet, for a boat lift canopy measuring 40 feet long by 18 feet wide and 14 feet in height on a canal-front lot, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The subject property is located at 2620 Riverview Drive, further described as Lots 14 and 15, Block 4, Gulf Shores subdivision, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 4 ATTACHMENTS: 1. Staff Report 10232025 2. Attachment A - Canopy Detail 3. Attachment B - Proposed Site Plan 4. Attachment C - Building Permit PRMAR20220311248 5. Attachment D - Building Permit PRMAR20240309111 6. Attachment E - Applicant’s Backup – Application and Supporting Documents 7. Attachment F - Public Hearing Sign Posting 10282025 Page 131 of 409 BLCD-PL20250001596; 2620 Riverview Drive – Jensen Page 1 of 5 October 23, 2025 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: NOVEMBER 13, 2025 SUBJECT: BLCD-PL20250001596, 2620 RIVERVIEW DRIVE - BOAT LIFT CANOPY _________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Kevin E. Jensen, Trustee Sherry Gaston Kevin Eric Jensen Trust Waterway Canopies 5585 Taylor Rd 15040 Tamiami Trail Naples, FL 34109 Punta Gorda, FL 33955 REQUESTED ACTION: The petitioner requests approval for a Boat Lift Canopy Deviation to increase the allowable length, from 35 feet to 40 feet, and height, from 12 feet to 14 feet, for a boat lift canopy measuring 40 feet long by 18 feet wide and 14 feet in height on a canal front lot pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property, Property ID No. 48172800006, is located at 2620 Riverview Drive; also known as Lots 14 and 15, Block 4, Gulf Shores subdivision, in Section 14, Township 50 South, Range 25 East. Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject 0.38-acre property comprises two canal-front lots that were combined for development and are located within a Residential Single-Family-4 (RSF-4) Zoning District and the Bayshore Zoning Overlay Residential Subdistrict 4 (BZO-R4). The existing dock facility was constructed per Building Permit PRMAR20220311248, for which a Certificate of Completion was issued on April 12, 2023. A second lift was added to the northern end of the dock by means of Building Permit PRMAR20240309111 for which a Certificate of Completion was issued on June 25, 2025. The petitioner now desires to construct a boat lift canopy over the first lift, which is on the southern end, that will exceed the allowance length by 5 feet and the allowable height by 2 feet. There are no other covered structures depicted on the site plan, and required setbacks will be observed. Page 132 of 409 Page 2 of 5 BLCD-PL20250001596; 2620 Riverview Drive – Jensen October 23, 2025Page 133 of 409 BLCD-PL20250001596; 2620 Riverview Drive – Jensen Page 3 of 5 October 23, 2025 SURROUNDING LAND USE & ZONING: North: A Single-family residence located within a Residential Single-Family-4 (RSF-4) Zoning District and the Bayshore Zoning Overlay Residential Subdistrict 4 (BZO- R4) South: A Single-family residence located within an RSF-4-BZO-R4 Zoning District East: Riverview Drive (Right-of-Way) West: Canal, then several Single-family residences located within an RSF-4-BZO-R4 Zoning District Collier County GIS Page 134 of 409 BLCD-PL20250001596; 2620 Riverview Drive – Jensen Page 4 of 5 October 23, 2025 STAFF ANALYSIS: The LDC defines a “boat lift canopy” as follows: a covering that is applied to a boat lift over a legally permitted dock. The standards for boat lift canopies are contained within LDC section 5.03.06.G. Boat lift canopies that satisfy the standards contained within LDC section 5.03.06.G may be administratively approved by the County Manager or their designee. Deviations from the listed standards may be approved by the Hearing Examiner, subject to the public hearing process. Boat lift canopies are a permitted use on waterfront properties per LDC section 5.03.06.B.5. The LDC does not provide any deviation review criteria; therefore, absent any compelling reason to deny the requested deviations, staff are obliged to recommend approval. Land Development Code, Ordinance 04-41, As amended: 5.03.06.G. Standards for boat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches, shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site. In this case, the applicant desires to construct a single, beige, 40-foot by 18-foot boat lift canopy that will stand 14 feet over a lawfully permitted dock facility, on a canal-front property, where there are no boathouses or other covered structures. Page 135 of 409 BLCD-PL20250001596; 2620 Riverview Drive – Jensen Page 5 of 5 October 23, 2025 CONCURRENT LAND USE APPLICATIONS: None. APPEAL OF BOAT LIFT CANOPY DEVIATION: As to any boat lift canopy deviation petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the Hearing Examiner has approved the petition, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BLCD-PL20250001596, to allow for the construction of a single boat lift canopy, measuring 40- feet by 18-feet and 14 feet in height, over the southernmost boat lift, as depicted within the plans contained within Attachments A and B, subject to the following conditions: 1. The boat lift canopies are to be removed upon issuance of an official hurricane warning affecting the location of the boat lift canopy; and 2. A Building Permit, or building permits, shall be obtained for the construction and/or placement of the subject boat lift canopies Attachments: A. Canopy Details B. Proposed Site Plan C. Building Permit PRMAR20220311248 D. Building Permit PRMAR20240309111 E. Applicant’s Backup – Application and Supporting Documents F. Sign Posting Page 136 of 409 Page 137 of 409 Page 138 of 409 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRMAR20220311248 PERMIT TYPE: Marine DATE ISSUED: April 07, 2022 BUILDING CODE IN EFFECT: FBC 7th Edition 2020 JOB ADDRESS: 2620 Riverview DR, Naples, Single Family FOLIO #: JOB DESCRIPTION: DEMOLISH & DISPOSE OF EXISTING FAILED SEAWALL. REPLACE SEAWALL & CAP. 2620 Riverview DR, Naples, Single Family OWNER INFORMATION: JENSEN, KEVIN ERIC 2620 RIVERVIEW DR NAPLES, FL 34112 AREA OF WORK (SQFT): 0 SETBACKS: FRONT: REAR: LEFT: RIGHT: FLOOD ZONE: AE SEWER: WATER: CONTRACTOR INFORMATION:CERTIFICATE #: KALVIN & CALVIN MARINE CONSTRUCTION, INC. 5801 CEDAR TREE LN NAPLES, FL 34116 (239) 280-6054 LCC20160001759 Page 139 of 409 INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb SETBACKS: FRONT:REAR:LEFT:RIGHT:SPECIAL:FLOOD ZONE: FZAE INSPECTION OUTCOME COMMENTS 115 - Building Final 810 - Exotic Vegetation Removal OPEN CONDITIONS Condition Type:Condition Description: NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas – 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. – Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS – Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicable utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Page 140 of 409 Page 141 of 409 2620 RIVERVIEW DR Page 142 of 409 2620 RIVERVIEW DR Page 143 of 409 Page 144 of 409 Page 145 of 409 Page 146 of 409 Page 147 of 409 Page 148 of 409 Page 149 of 409 Page 150 of 409 Page 151 of 409 Page 152 of 409 Page 153 of 409 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR:PRMAR2022031124801 ISSUED DATE: April 12, 2023 ADDRESS:2620 Riverview DR, Naples SUBDIVISION: LOT:BLOCK: T.R.S.: SLUC CODE:UTILITY COMPANY: JOB DESC:DEMOLISH & DISPOSE OF EXISTING FAILED SEAWALL. REPLACE SEAWALL & CAP. REV01 - INSTALL NEW DOCK & 14K BOATLIFT PER ACCOMPANYING DRAWING BY TURRELL HALL ASSOC. 2620 Riverview DR, Naples, Single Family NUMBER OF METERS: OWNER:JENSEN, KEVIN ERIC LEGAL DESCRIPTION GULF SHORES BLK 4 LOTS 14 + 15 OR 1329 PG 274 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. Page 154 of 409 PRMAR2024030911101 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRMAR2024030911101 PERMIT TYPE: Marine DATE ISSUED: August 08, 2024 BUILDING CODE IN EFFECT: FBC 8th Edition 2023 JOB ADDRESS: 2620 Riverview DR, Naples FOLIO #: JOB DESCRIPTION: Install 14k boat lift on existing dock 2620 Riverview DR, Naples OWNER INFORMATION: JENSEN, KEVIN ERIC 5585 TAYLOR RD NAPLES, FL 34109 AREA OF WORK (SQFT): 0 SETBACKS: FRONT: REAR: 12' Protrusion (0.25 x 48') LEFT: RIGHT: 15' FLOOD ZONE: AE SEWER: WATER: CONTRACTOR INFORMATION:CERTIFICATE #: J & M BOAT LIFT & REPAIR, INC. 259 BURNT PINE DR. NAPLES, FL 34119 (239) 353-7326 C20179 Page 155 of 409 PRMAR2024030911101 INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb SETBACKS: FRONT:REAR:12' Protrusi on (0.25 x 48') LEFT:RIGHT:15'SPECIAL:FLOOD ZONE: FZAE INSPECTION OUTCOME COMMENTS 115 - Building Final 502 - Electrical Final 506 - Underground Electrical Conduit 810 - Exotic Vegetation Removal OPEN CONDITIONS Condition Type:Condition Description: Informational NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department?s Environmental Services at (239) 252-2400 for additional information. Inspection Hold Notice of Commencement: Upload to the condition on the portal. Informational Use the form located at https://www.colliercountyfl.gov/home/showdocument?id=105797&t=638403984984558370 to request Permit extensions, cancellations, and changes/withdrawals of Contractors, Subcontractors and Qualifiers. Instructions are provided with the form. Right-of-Way (ROW) and Well permits may only use this process for cancellations. Change/withdrawal of contractor does not apply to self-issued permits. Contact Building Permit Resolution Services at 239-252-2493 for assistance completing the form. Submit the form by clicking the Browse button below. Inspection Hold Sub Contractor (Electrical) Upload to the condition on portal. NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas – 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. – Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS – Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicable utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the Page 156 of 409 PRMAR2024030911101 commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Page 157 of 409 E.3. Descrip�on of Work: The Descrip�on of Work must convey a detailed account of the work iden�fied on the construc�on plans. For a mul�-story project, iden�fy the floor/story where construc�on work will take place. In addi�on, for permit applica�ons addressing a Code Enforcement viola�on, please include the case number. Do NOT state “Please see a�ached plans.” The descrip�on of work must be included on the approved Permit. E.1. Declared Value: Iden�fy the Declared Value of the construc�on. The Declared Value must be either the contract value OR the value established by the Items to Be Included, pg. 3 of the 50% Structural Improvement/Structural Damage Form. Instruc�ons for Sec�on A. Permit Number Instruc�ons for Sec�on B. General Permit Informa�on INSTRUCTIONS FOR BUILDING PERMIT APPLICATION Building Permit Applica�on Instruc�ons Pg. 1 (10.2023) 2800 N. HORSESHOE DRIVE, NAPLES, FL 34104 (239) 252-2400 These Instruc�ons are designed to assist and guide Permi�ees with comple�ng the Building Permit Applica�on. For your convenience, the Applica�on isalso available on http://www.colliercountyfl.gov as an interac�ve PDF. All sec�ons, as noted, must be completed. A.1. Permit #: To be completed by Staff. B.1. Primary Permit #: To be completed by the applicant, if applicable. i.e., the single-family home permit is the PRIMARY PERMIT for an accessory pool permit. B.2. Master Permit #: To be completed by the applicant, if applicable. A MASTER PERMIT is a set of documents pre-approved by the County to use for future permits. B.3. Building Type: Select one of the five op�ons. C.1. Parcel/Folio #: These can be found on the Collier County Property Appraiser website: http://www.collierappraiser.com. Instruc�ons for Sec�on C. Property Informa�on C.2. Job Street Address: This is the physical address where the construc�on work will take place. C.3. Owner Name: Name of the property owner where the construc�on work will take place. C.4. Owner Phone: Phone number of the property owner where the construc�on work will take place. C.5. Owner Email: Email address of the property owner where the construc�on work will take place. C.6. Subdivision: The subdivision/lot/block/unit #’s can be found on the Collier County Property Appraiser website: http://www.collierappraiser.com C.7. Project Name: The name of the project, when applicable. C.8. SDP/PL#: Approved SDPs can be obtained by contac�ng the Collier County Records Room at GMDPublicRecordRequest@colliercountyfl.gov. C.9. Jurisdic�on: Select Op�on that applies. D.2. Contact Name: Name of the contractor’s contact, if different than below. Owner Builder must state “SELF.” Instruc�ons for Sec�on D. Contractor Informa�on D.3. License #: Contractors must provide their State (preferred) and/or County license numbers and business informa�on. Owner Builder applicants must state “SELF.” D.4. Company Name: Name of contractor’s company performing the construc�on work. Owner Builder must state “SELF.” D.6. Qualifier Name: Provide the name of the qualifier. Owner Builder must state “SELF.” D.7. Contractor Email: Email(s) of the Contractor or Owner Builder. D.7.A. For Contractors: Is Email your preferred method of contact. Please check YES box, if applicable. E.2. Permi�ee Type: Select a permit type from the supplied list. Instruc�ons for Sec�on E. Permit Informa�on D.1. Permi�ee Type: Please check the applicable box. D.5. Company Address: Address of the Contractor or Owner Builder. D.9. Company Phone: Phone Number of the Contractor or Owner Builder. D.10. Company Fax: Fax Number of the Contractor or Owner Builder. E.4. Occupancy Type: Iden�fy the Occupancy Type from the list: Occupancy Types are established in Chapter 3 of the Florida Building Code. E.5. Construc�on Type: Iden�fy the Construc�on Type from the list: Construction Types are established in Chapter 6 of the Florida Building Code. E.7. Fire Sprinkled: Iden�fy whether the building is fire sprinkled: Yes or No. Type IA Type IIA (1 hour) Type IIIA (1 hour) Type IV Type VB (Unprotected) Type IB Type IIB (Unprotected) Type IIIB (Unprotected) Type VA (1 hour) E.8. Type of Water Supply: Check the box that iden�fies the type of water supply.E.9. Sewage Disposal: Check the box that iden�fies the method of sewage disposal. E.10. Vegeta�on Removal: Iden�fy whether clearing of vegeta�on will take place: Yes. Clearing will take place on site, or No. Clearing will not take place on site.E.11. Private Provider: Iden�fy whether Private Provider services will be rendered: No or Plan Review & Inspec�on or Inspec�on Only. E.12. Threshold Building: Iden�fy whether the structure is a threshold building, as defined by FBC Ch. 2 and F.S. 553.71(12): Yes or No. E.13. Repairs from Disaster Event: Iden�fy whether these are repairs from a disaster event. Yes, Name of Event or No. E.14. Change of Occupancy: Please check Yes or No. E.15. Permit by Affidavit: Iden�fy whether the permit is a Permit by Affidavit: Yes or No. E.16. Subcontractors: Check all the Subcontractors that will conduct work at the job site. E.6. Is structure in flood zone: Iden�fy whether the structure is located in a flood zone: No, Unknown, Yes. Amusement Parks,Stadium, Bleachers Assembly, Church Assembly, Arenas Assembly, Niteclubs Assembly, Restaurants,Bars, Banquet Halls Assembly, Theaters,with Stage Assembly, Theaters,without Stage Business Chickee-Non-Residential Chickee - Residential Day Care Factory - Industrial(Low Hazard)Factory - Industrial(Moderate Hazard)High Hazard (H-2) High Hazard - (H-3)High Hazard (H-4)High Hazard, Explosives HPM Institutional Incapacitated InstitutionalSupervised Environment Mercantile Residential, Care/AssistedLiving Facilities Residential,Hotels Residential, Multi-Family Residential 1&2 FamilyNew or Guest House Special PurposeIndustrial Storage, Low Hazard Utility, MiscellaneousCommercial & M/F Utility, MiscellaneousResidential Instruc�ons for Sec�on F. Area of Construc�on Ac�vity F.Iden�fy number of stories in structure, floor where work is being performed, # of bedrooms/bathrooms. Supply interior/living sq.�., addi�onal sq.�. being added, exterior/non-living sq. �. and total square footage. Page 158 of 409 No Yes Sewer Sep�c Yes No A Vegeta�on Removal Affidavit is required for any new structure of addi�on on all parcels larger than 1 acre. Sec�on A. Permit Number Sec�on B. Permit Informa�on Sec�on C. Property Informa�on Sec�on D. Contractor Informa�on Sec�on E. Permit Informa�on *Building Permit Type includes: New Construction, Addition, Alteration, Chickee/Tiki Hut, Dumpster Enclosure, Pergola, Tenant Build-out, etc. Direc�ons: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Applica�on. B.1. Primary Permit # (if any): B.3. Building Type:1&2 Family Dwelling/Townhouse Res. 3+ Units/Mul�-Family Commercial Mobile/Manufactured Home Guest House B.2. Master Permit #: C.1. Parcel/Folio #: C.2. Job Street Address: C.3. Owner Name: C.4. Owner Phone: C.5. Email: C.6. Subdivision Lot #: C.7. Project Name: C.8. SDP/PL#: C.9. Jurisdic�on: Collier County City of Everglades D.2. Contact Name:D.3. License: D.4. Company Name: D.6. Qualifier Name: D.7. Email: For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit.Yes D.5. Company Address:D.9. Company Phone: D.10. Fax #: BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PermittingDept@CollierCountyFL.gov E.2. Permit Type:Alum Structure Awnings Building* Carport/Shed Cell Tower Demoli�on Detached Garage Electrical Fence Fire Gas Marine Mechanical Plumbing Pool Roof Shu�ers/Doors/Windows Sales/Const. Trailer Screen Enclosure Solar Sign/Flagpole Water Feature E.1. Declared Value: $ E.3. Descrip�on of Work: The Description of work must convey an account of work identified on the construction plans. E.4. Occupancy Type: E.5. Construc�on Type: E.7. Is Structure Fire Sprinkled: E.8. Type of Water Supply: E.9. Type of Sewage Disposal: E.10. Vegeta�on Removal: IA IB IIA IIB III A III B IV VA VB See Instructions See Instructions Collier County Well City of Naples Ave Maria City of Everglades Immokalee Other PAGE 2 10.2023 D.1. Permi�ee Type: Contractor Design Professional Owner-Builder A.1. Permit # (Staff to Provide): E.11. Private Provider: E.12. Threshold Building: E.13. Repairs from Disaster Event: E.14. Change of Occupancy: E.15. Is this a Permit by Affidavit: E.16. Subcontractors: Check All that Apply: Plan Review & Inspec�ons Inspec�ons Only Name of Disaster Event: Electrical Plumbing Mechanical Roofing Sep�c Sec�on F. Area of Construc�on Ac�vity (Work Area Only) Total Number of Stories:Floor (Story) work is being performed on: # Bedrooms: # Bathrooms: Living /Int. Sq. Ft.:Non-Living/Ext. Sq. Ft.:Total Sq. Ft.: No Yes No Yes No Yes No Yes No Yes No UnknownE.6. Is Structure in a Flood Zone:See InstructionsYes, addi�onal form required. Addt’l. Sq. Ft.: 8860.00 Installing 14k Boat lift on existing dock PRMAR20240309111 48172800006 2620 Riverview Dr Kevin Jensen (239) 825-1638 Kevin@jensenunderground.com GULF SHORES BLK 4 LOTS 14 + 15 OR 1329 PG 274 Jensen Kim Reimers C20179 J&M Boatlift & Repair 2496 Kirkwood Ave Jeff Maroon kim@jmmarineconstruction.com 239-241-2336 Page 159 of 409 Page 160 of 409 Page 161 of 409 Page 162 of 409 ELEC ELEC ELEC X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X SEAWALL EL = 4.5' COV. CON. CANAL REAR LOT LINES FALL IN CANAL 1415 OVERHEAD UTILITY LINES SEAWALL EL = 4.0' X 31.2'36.9' SEAWALL MEAN HIGH WATERLINE EL.=0.2' (NAVD) DOCK AND PILES BOAT LIFT BOAT LIFT DOCK EL.=4.8'DOCK EL.=5.428.7'28.8'36.5'DOCK EL.=4.3' SYNTHETIC DECKING DOCK OVER SEAWALL DOCK EL.=4.3'50'48'50' O/S FACE OF SEAWALL 48' O/S FACE OF SEAWALL WATERSIDE FACE OF SEAWALL IS MEAN HIGH WATER LINE 15'24.8'12'12.5'New Lift J&M M ari n e C o nstr ucti o n Drawing: 1P Kevin Jensen 2620 Riverview Dr. A P P R O V A L Signature Date 2/13/24 Project #1100 31.9' X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Canal Width: 57.0' Property Line Property Line Page 163 of 409 Page 164 of 409 Page 165 of 409 CERTIFICATE OF COMPLETION The described portion of the structure has been inspected for compliance with the requirements of the FBC 8th Edition 2023 for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.For buildings and structures in flood hazard areas,documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction.Note:A new certificate is required if the use of the building or premises is changed,or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. Page 1 of 1 This Certificate is issued pursuant to the requirements of the Florida Building Code, certifying that at the time of issuance this structure was in compliance with the various ordinances of the County regulating building construction for use for the following: Per FBC section 111.5, a certificate of completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a certificate of occupancy. Permit Number: PRMAR20240309111 Date Issued: June 25, 2025 Permitted Address: 2620 Riverview DR, Naples Parcel: 48172800006 Owner Information: JENSEN, KEVIN ERIC 5585 TAYLOR RD NAPLES, FL 34109 Building Official: Fred Clum Business Name: Job Description: Install 14k boat lift on existing dock 2620 Riverview DR, Naples Number of Electrical Meters: Page 166 of 409 Page 167 of 409 Page 168 of 409 Page 169 of 409 Page 170 of 409 Page 171 of 409 Page 172 of 409 Page 173 of 409 Page 174 of 409 Page 175 of 409 Page 176 of 409 Page 177 of 409 Page 178 of 409 Page 179 of 409 Page 180 of 409 Page 181 of 409 Page 182 of 409 Page 183 of 409 Page 184 of 409 Page 185 of 409 Page 186 of 409 1 John Kelly From:John Kelly Sent:Tuesday, October 28, 2025 6:44 PM To:John Kelly Subject:BLCD-PL20250001596 - 2620 Riverview Dr - Public Hearing Sign Posting, 10/28/2025 Attachments:Posting 1.jpg; Posting 2.jpg I, John Kelly, posted the required Public Hearing Sign for the subject project to the front of the subject property at approximately 1:50 P.M. this date, as evidenced by the attached photographs. Respectfully, John Kelly Planner III Zoning Office:239-252-5719 2800 N Horseshoe Dr. Naples, Florida 34104 John.Kelly@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: John.Kelly@collier.gov Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 187 of 409 Page 188 of 409 11/13/2025 Item # 3.D ID# 2025-4569 PETITION NO. PL20250000214 - VA - 4160 1st Avenue SW - Request for an after-the-fact variance from Land Development Code (LDC) Section 4.02.01.A, Table 2.1, to reduce the required western side yard from 30 feet to 26.3 feet to allow for the continued existence of a 12-foot by 24-foot utility shed and to allow a further reduction of said side yard to 24.8 feet to accommodate the structure’s 1.6-foot roof overhang within the Estates (E) Zoning District. The subject property is located at 4160 1st Avenue SW and further described as the East 165 feet of Tract 90, Golden Gate Estates, Unit No. 1, in Section 10, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 3 ATTACHMENTS: 1. Staff Report VA 10242025 2. Attachment A - Boundary Survey and Construction Plans 3. Attachment B - Permit PRAC20240834556 - No Inspections or CO 4. Attachment C - Applicant's Backup - Application and Supporting Documents Page 189 of 409 VA-PL20250000214; 4160 1st Ave SW - Varaly 10/24/2025 Page 1 of 7 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: NOVEMBER 13, 2025 SUBJECT: VA-PL20250000214, 4160 1st AVENUE SW – VARALY SHED PROPERTY OWNER/APPLICANT: AGENT: Kristin N. and Michael A. Varaly Angel Arturo Mosqueda Matos 4160 1st Ave SW Astrum Am Construction, LLC Naples, FL 34119 383 Golden Gate Blvd. W Naples, FL 34120 REQUESTED ACTION: To have the Collier County Hearing Examiner consider an after-the-fact variance from Land Development Code (LDC) Section 4.02.01.A, Table 2.1, to reduce the required western side yard from 30 feet to 26.3 feet to allow for the continued existence of a 12-foot by 24-foot utility shed and to allow a further reduction of said side yard to 24.8 feet to accommodate the structure’s 1.5- foot roof overhang within the Estates (E) Zoning District. GEOGRAPHIC LOCATION: The subject property, Property ID No. 36616360001, is located at 4160 1st Avenue SW, AKA: the East 165 feet of Tract 90, Golden Gate Estates, Unit No. 1, in Section 10, Township 49 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject 2.5-acre property is a legal lot of record measuring 165 feet by 660 feet and is located within the Estates (E) Zoning District. In 2024, the applicant retained Astrum Am Construction, LLC to construct a 12-foot by 24-foot utility shed on a concrete slab for which Building Permit No. PRAC20240834556 was obtained on or about October 30, 2024. Section 4.02.03.C of the LDC states, in part: “All accessory structures in Rural Agricultural (A) and Estates (E) zoning districts must meet principal structure setbacks…” Therefore, the setbacks applicable to the subject utility shed are as per LDC Section 4.02.01.A, Table 2.1, which reveals the setbacks for Page 190 of 409 VA-PL20250000214; 4160 1st Ave SW - Varaly 10/24/2025 Page 2 of 7 (Continued on Page 6) Page 191 of 409 VA-PL20250000214; 4160 1st Ave SW - Varaly 10/24/2025 Page 3 of 7 SURROUNDING LAND USE AND ZONING: North: 1st Ave SW (Right-of-Way) then a single-family dwelling located within the Estate (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 Page 192 of 409 VA-PL20250000214; 4160 1st Ave SW - Varaly 10/24/2025 Page 4 of 7 Collier County GIS Purpose/Description of Project Continued from Page 1 principal and accessory structures within the E zoning district are Front – 75 feet, Sides – 30 feet, and Rear 75 feet. The site plan provided at the time of permit application revealed that the shed was to be constructed 38.25 feet from the western side property line and 146.87 feet from the rear southern property line. Upon completion of construction, an As-Built Survey was obtained that showed the shed was 26.3 feet from the western side property line and 146.8 feet from the southern rear property line. The applicant must resolve the 3.7-foot encroachment into the 30- foot western side setback before a Certificate of Completion can be issued upon satisfaction of all other required inspections. Staff also notes that typically roof overhangs are addressed by Page 193 of 409 VA-PL20250000214; 4160 1st Ave SW - Varaly 10/24/2025 Page 5 of 7 LDC Section 4.02.01.D.8, Exemptions and exclusions from design standards, which states: “Hoods, canopies, or roof overhangs shall not project over (3) three feet into a required yard, but shall not come closer than one (1) foot to the lot line.” As the vertical structure already encroaches over 3 feet into the required yard, an additional 1.5 feet must be added to the variance request to accommodate the structure’s 1.5-foot roof overhang. GROWTH MANAGEMENT PLAN (GMP) 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 an existing storage shed that is accessory to a single-family dwelling unit, which is an authorized land use. 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? The applicant’s agent states: “The property contained a pre-existing 12 x 12-foot concrete pad housing pool equipment, which influenced the decision to expand the structure to 12x24 feet. The encroachment into the side yard requirement resulted from practical considerations regarding the placement of the garage door and man door, as well as a minor engineering misunderstanding during construction. The expansion accommodates the existing layout while ensuring the water filtration system remains untouched. The garage door and man door were oriented to face the front of the property for functionality and accessibility, as alternative plans, such as facing the back, would have been impractical.” 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? The applicant’s agent states: “The existing concrete pad, which houses the water filtration system, created constraints on how and where the expansion could be placed. Practical considerations, including maintaining the integrity and functionality of the equipment, heavily influenced the design.” 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. Compliance with the zoning code at this stage would Page 194 of 409 VA-PL20250000214; 4160 1st Ave SW - Varaly 10/24/2025 Page 6 of 7 require complete demolition of the structure, which is neither practical or financially feasible. The structure has been constructed using block and rebar reinforcement, with complete electrical systems, windows, doors, and roofing. This could create unnecessary hardship by rendering the investment in the completed structure unusable and wasting significant resources. The structure does not negatively impact the surrounding area.” 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 requested variance is the minimum adjustment needed to enable reasonable use of the property. The design avoids unnecessary changes and maintains functionality, health, safety, and welfare.” Zoning staff notes that the requested variance will accommodate both the footprint of the encroaching structure and the related roof overhang. There is no reason to believe that the existing structure would impair the standards of health, safety, or 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. LDC Section 9.04.02 allows relief through the variance process for any dimensional development standard. 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? The applicant’s agent states: “Yes, granting the variance aligns with the intent and purpose of the zoning code by addressing unique property conditions while maintaining functionality and accessibility. The variance will not harm the neighborhood or public welfare. 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 structure is located within the rear yard, which is substantially uncleared. There appears to be sufficient vegetation to screen the structure from the view of neighboring properties. Page 195 of 409 VA-PL20250000214; 4160 1st Ave SW - Varaly 10/24/2025 Page 7 of 7 h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this 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 April 24, 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 500 feet of the site on or about July 25, 2025, and the posting of a public notice sign on the site on October 16, 2025, as per a notarized Affidavit contained within Attachment C. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner APPROVE variance petition VA- PL20250000214, to reduce the western side yard setback to 26.3 feet for the vertical structure and to 24.8 feet for the 1.5-foot roof overhang, to allow for the continued existence of a utility shed as depicted within Attachment A, subject to the following condition: 1. All required inspections for Building Permit No. PRAC20240834556 must be favorably completed and a Certificate of Completion must be obtained. Attachments: A. Boundary Survey and Construction Plans B. Partial Building Permit File – PRAC20240834556 C. Applicant’s Backup - application and supporting documents Page 196 of 409 Page 197 of 409 Page 198 of 409 Page 199 of 409 Page 200 of 409 PRAC2024083455601 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT #: PRAC2024083455601 PERMIT TYPE: Building DATE ISSUED: October 30, 2024 BUILDING CODE IN EFFECT: FBC 8th Edition 2023 w/ 2024 sup1 JOB ADDRESS: 4160 1st AVE SW, Naples FOLIO #: JOB DESCRIPTION: 12'X24' UTILITY SHED ON CONCRETE SLAB, BLOCK WALLS AND BOND BEAM, STICK FRAME ROOF WITH ROOF SHINGLES. NO A/C AND NO PLUMBING INVOLVED ON THE SCOPE OF WORK, ONLY ELECTRICAL FOR THE GARAGE DOOR OPENER. 4160 1st AVE SW, Naples ( ROOF: SHINGLES ) OWNER INFORMATION: VARALY, KRISTIN N & MICHAEL A 4160 1ST AVE SW NAPLES, FL 34119 AREA OF WORK (SQFT): 288 SETBACKS: FRONT: REAR: 75 LEFT: 30 RIGHT: 30 FLOOD ZONE: AH SEWER: Septic WATER: Existing CONTRACTOR INFORMATION:CERTIFICATE #: ASTRUM AM CONSTRUCTION LLC 7935 AIRPORT PULLING RD STE 4 - PMB 354 NAPLES, FL 34109 (239) 465-2520 LCC20230001691 Page 201 of 409 PRAC2024083455601 INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb SETBACKS: FRONT:REAR:75 LEFT:30 RIGHT:30 SPECIAL:FLOOD ZONE: FZAH INSPECTION OUTCOME COMMENTS 107 - Truss/Sheathing/Bucks 108 - Framing All rough trade inspections must be passed prior to scheduling. 111 - Dry-in/Flashing 115 - Building Final 118 - Lintel Beam 119 - Fill Cells 120 - Flood Vent Relief 133 - Monolithic Slab Soil Treatment for Termite 134 - Roofing Final 136 - Impact Glass 151 - Shearwall/Nailing 152 - Shearwall/Water Barrier 153 - Shearwall/Stucco Lath 154 - Soffit Coverings In progress Please do NOT complete Soffit installation prior to inspection. 501 - Electrical Rough 502 - Electrical Final 506 - Underground Electrical Conduit 801 - Site Drainage Type I Stormwater Plan. Impervious Area = 13.61% 802 - Landscaping 810 - Exotic Vegetation Removal 814 - Erosion/Silt The 814 - Erosion/Silt must be passed before any other inspections are scheduled. Page 202 of 409 PRAC2024083455601 OPEN CONDITIONS Condition Type:Condition Description: Informational NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department?s Environmental Services at (239) 252-2400 for additional information. Inspection Hold Notice of Commencement: Upload to the condition on the portal. Informational Use the form located at https://www.colliercountyfl.gov/home/showdocument?id=105797&t=638403984984558370 to request Permit extensions, cancellations, and changes/withdrawals of Contractors, Subcontractors and Qualifiers. Instructions are provided with the form. Right-of-Way (ROW) and Well permits may only use this process for cancellations. Change/withdrawal of contractor does not apply to self-issued permits. Contact Building Permit Resolution Services at 239-252-2493 for assistance completing the form. Submit the form by clicking the Browse button below. Informational BDT ? Blower Door Test will be uploadable after the PASS of the 109 insulation inspection. Informational Energy Calculation Summary Sheet will be uploadable after the PASS of the 109 insulation inspection. Informational FEMA - All equipment must be above flood plus one foot. Any materials used below flood level must comply with FEMA regulations Informational A Survey is required and must verify that improvement(s) meet setbacks, easements, and elevation requirements per Chapter 62, Collier County Code of Laws and Ordinances. Throughout the duration of the permit, please review the survey conditions for when to upload the survey. CO Hold Soil Compaction Test. Upload to the condition on the portal. CO Hold Pursuant to the Floodplain Management Ordinance 2019-01 a Non-conversion Agreement shall be recorded in the public records of Collier County, FL prior to issuance of the certificate of occupancy or certificate of completion for this permit. Once the Non-Conversion Agreement is recorded, upload to the condition on the portal.For questions, contact the Floodplain Management section at 239-252-2942 or email FloodInfoRequest@CollierCountyFL.Gov.The form can be downloaded here: https://www.colliercountyfl.gov/home/showdocument?id=84981 Inspection Hold Clearing amount potientally exceeding previously approved 1.2 acres. Prior to CO being given, please ensure that no more than 1.2 acres has been cleared. Inspection Hold Sub Contractor (Electrical) Upload to the condition on portal. Inspection Hold Sub Contractor (Roofing) Upload to the condition on portal. NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas – 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. – Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS – Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicable utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must Page 203 of 409 PRAC2024083455601 be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Page 204 of 409 E.3. Descrip�on of Work: The Descrip�on of Work must convey a detailed account of the work iden�fied on the construc�on plans. For a mul�-story project, iden�fy the floor/story where construc�on work will take place. In addi�on, for permit applica�ons addressing a Code Enforcement viola�on, please include the case number. Do NOT state “Please see a�ached plans.” The descrip�on of work must be included on the approved Permit. E.1. Declared Value: Iden�fy the Declared Value of the construc�on. The Declared Value must be either the contract value OR the value established by the Items to Be Included, pg. 3 of the 50% Structural Improvement/Structural Damage Form. Instruc�ons for Sec�on A. Permit Number Instruc�ons for Sec�on B. General Permit Informa�on INSTRUCTIONS FOR BUILDING PERMIT APPLICATION Building Permit Applica�on Instruc�ons Pg. 1 (10.2023) 2800 N. HORSESHOE DRIVE, NAPLES, FL 34104 (239) 252-2400 These Instruc�ons are designed to assist and guide Permi�ees with comple�ng the Building Permit Applica�on. For your convenience, the Applica�on isalso available on http://www.colliercountyfl.gov as an interac�ve PDF. All sec�ons, as noted, must be completed. A.1. Permit #: To be completed by Staff. B.1. Primary Permit #: To be completed by the applicant, if applicable. i.e., the single-family home permit is the PRIMARY PERMIT for an accessory pool permit. B.2. Master Permit #: To be completed by the applicant, if applicable. A MASTER PERMIT is a set of documents pre-approved by the County to use for future permits. B.3. Building Type: Select one of the five op�ons. C.1. Parcel/Folio #: These can be found on the Collier County Property Appraiser website: http://www.collierappraiser.com. Instruc�ons for Sec�on C. Property Informa�on C.2. Job Street Address: This is the physical address where the construc�on work will take place. C.3. Owner Name: Name of the property owner where the construc�on work will take place. C.4. Owner Phone: Phone number of the property owner where the construc�on work will take place. C.5. Owner Email: Email address of the property owner where the construc�on work will take place. C.6. Subdivision: The subdivision/lot/block/unit #’s can be found on the Collier County Property Appraiser website: http://www.collierappraiser.com C.7. Project Name: The name of the project, when applicable. C.8. SDP/PL#: Approved SDPs can be obtained by contac�ng the Collier County Records Room at GMDPublicRecordRequest@colliercountyfl.gov. C.9. Jurisdic�on: Select Op�on that applies. D.2. Contact Name: Name of the contractor’s contact, if different than below. Owner Builder must state “SELF.” Instruc�ons for Sec�on D. Contractor Informa�on D.3. License #: Contractors must provide their State (preferred) and/or County license numbers and business informa�on. Owner Builder applicants must state “SELF.” D.4. Company Name: Name of contractor’s company performing the construc�on work. Owner Builder must state “SELF.” D.6. Qualifier Name: Provide the name of the qualifier. Owner Builder must state “SELF.” D.7. Contractor Email: Email(s) of the Contractor or Owner Builder. D.7.A. For Contractors: Is Email your preferred method of contact. Please check YES box, if applicable. E.2. Permi�ee Type: Select a permit type from the supplied list. Instruc�ons for Sec�on E. Permit Informa�on D.1. Permi�ee Type: Please check the applicable box. D.5. Company Address: Address of the Contractor or Owner Builder. D.9. Company Phone: Phone Number of the Contractor or Owner Builder. D.10. Company Fax: Fax Number of the Contractor or Owner Builder. E.4. Occupancy Type: Iden�fy the Occupancy Type from the list: Occupancy Types are established in Chapter 3 of the Florida Building Code. E.5. Construc�on Type: Iden�fy the Construc�on Type from the list: Construction Types are established in Chapter 6 of the Florida Building Code. E.7. Fire Sprinkled: Iden�fy whether the building is fire sprinkled: Yes or No. Type IA Type IIA (1 hour) Type IIIA (1 hour) Type IV Type VB (Unprotected) Type IB Type IIB (Unprotected) Type IIIB (Unprotected) Type VA (1 hour) E.8. Type of Water Supply: Check the box that iden�fies the type of water supply.E.9. Sewage Disposal: Check the box that iden�fies the method of sewage disposal. E.10. Vegeta�on Removal: Iden�fy whether clearing of vegeta�on will take place: Yes. Clearing will take place on site, or No. Clearing will not take place on site.E.11. Private Provider: Iden�fy whether Private Provider services will be rendered: No or Plan Review & Inspec�on or Inspec�on Only. E.12. Threshold Building: Iden�fy whether the structure is a threshold building, as defined by FBC Ch. 2 and F.S. 553.71(12): Yes or No. E.13. Repairs from Disaster Event: Iden�fy whether these are repairs from a disaster event. Yes, Name of Event or No. E.14. Change of Occupancy: Please check Yes or No. E.15. Permit by Affidavit: Iden�fy whether the permit is a Permit by Affidavit: Yes or No. E.16. Subcontractors: Check all the Subcontractors that will conduct work at the job site. E.6. Is structure in flood zone: Iden�fy whether the structure is located in a flood zone: No, Unknown, Yes. Amusement Parks,Stadium, Bleachers Assembly, Church Assembly, Arenas Assembly, Niteclubs Assembly, Restaurants,Bars, Banquet Halls Assembly, Theaters,with Stage Assembly, Theaters,without Stage Business Chickee-Non-Residential Chickee - Residential Day Care Factory - Industrial(Low Hazard)Factory - Industrial(Moderate Hazard)High Hazard (H-2) High Hazard - (H-3)High Hazard (H-4)High Hazard, Explosives HPM Institutional Incapacitated InstitutionalSupervised Environment Mercantile Residential, Care/AssistedLiving Facilities Residential,Hotels Residential, Multi-Family Residential 1&2 FamilyNew or Guest House Special PurposeIndustrial Storage, Low Hazard Utility, MiscellaneousCommercial & M/F Utility, MiscellaneousResidential Instruc�ons for Sec�on F. Area of Construc�on Ac�vity F.Iden�fy number of stories in structure, floor where work is being performed, # of bedrooms/bathrooms. Supply interior/living sq.�., addi�onal sq.�. being added, exterior/non-living sq. �. and total square footage. Page 205 of 409 No Yes Sewer Sep�c Yes No A Vegeta�on Removal Affidavit is required for any new structure of addi�on on all parcels larger than 1 acre. Sec�on A. Permit Number Sec�on B. Permit Informa�on Sec�on C. Property Informa�on Sec�on D. Contractor Informa�on Sec�on E. Permit Informa�on *Building Permit Type includes: New Construction, Addition, Alteration, Chickee/Tiki Hut, Dumpster Enclosure, Pergola, Tenant Build-out, etc. Direc�ons: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Applica�on. B.1. Primary Permit # (if any): B.3. Building Type:1&2 Family Dwelling/Townhouse Res. 3+ Units/Mul�-Family Commercial Mobile/Manufactured Home Guest House B.2. Master Permit #: C.1. Parcel/Folio #: C.2. Job Street Address: C.3. Owner Name: C.4. Owner Phone: C.5. Email: C.6. Subdivision Lot #: C.7. Project Name: C.8. SDP/PL#: C.9. Jurisdic�on: Collier County City of Everglades D.2. Contact Name:D.3. License: D.4. Company Name: D.6. Qualifier Name: D.7. Email: For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit.Yes D.5. Company Address:D.9. Company Phone: D.10. Fax #: BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PermittingDept@CollierCountyFL.gov E.2. Permit Type:Alum Structure Awnings Building* Carport/Shed Cell Tower Demoli�on Detached Garage Electrical Fence Fire Gas Marine Mechanical Plumbing Pool Roof Shu�ers/Doors/Windows Sales/Const. Trailer Screen Enclosure Solar Sign/Flagpole Water Feature E.1. Declared Value: $ E.3. Descrip�on of Work: The Description of work must convey an account of work identified on the construction plans. E.4. Occupancy Type: E.5. Construc�on Type: E.7. Is Structure Fire Sprinkled: E.8. Type of Water Supply: E.9. Type of Sewage Disposal: E.10. Vegeta�on Removal: IA IB IIA IIB III A III B IV VA VB See Instructions See Instructions Collier County Well City of Naples Ave Maria City of Everglades Immokalee Other PAGE 2 10.2023 D.1. Permi�ee Type: Contractor Design Professional Owner-Builder A.1. Permit # (Staff to Provide): E.11. Private Provider: E.12. Threshold Building: E.13. Repairs from Disaster Event: E.14. Change of Occupancy: E.15. Is this a Permit by Affidavit: E.16. Subcontractors: Check All that Apply: Plan Review & Inspec�ons Inspec�ons Only Name of Disaster Event: Electrical Plumbing Mechanical Roofing Sep�c Sec�on F. Area of Construc�on Ac�vity (Work Area Only) Total Number of Stories:Floor (Story) work is being performed on: # Bedrooms: # Bathrooms: Living /Int. Sq. Ft.:Non-Living/Ext. Sq. Ft.:Total Sq. Ft.: No Yes No Yes No Yes No Yes No Yes No UnknownE.6. Is Structure in a Flood Zone:See InstructionsYes, addi�onal form required. Addt’l. Sq. Ft.: 30,000 BUILDING A 12'X24' ACCESSORY STRUCTURE/UTILITY SHED ON CONCRETE SLAB, BLOCK WALLS AND BOND BEAM, STICK FRAME ROOF WITH ROOF SHINGLES. NO A/C AND NO PLUMBING INVOLVED ON THE SCOPE OF WORK, ONLY ELECTRICAL FOR THE GARAGE DOOR OPENER. 36616360001 4160 1ST AVE SW, NAPLES,FL 34119 VARALY, KRISTIN N=& MICHAEL A (406) 717-6633 knvaraly@gmail.com 325600 - GOLDEN GATE EST UNIT 1 GOLDEN GATE EST UNIT 1 E 165 FT OF TR 90 ANGEL A. MOSQUEDA MATOS CBC1265346 ASTRUM AM CONSTRUCTION LLC 7935 AIRPORT PULING RD, STE 4, NAPLES,FL 34109 ANGEL A. MOSQUEDA MATOS astrumamconstruction@gmail.com (239)465-2520 1 1 0 100 288 288 Utility, Miscellaneous Residential Page 206 of 409 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides 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 NOT 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 NOT 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. ____ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control _X__ Affidavit of Representation Authorization _X__ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) _X__ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)  Include 3 thumbnail drives of video and/or audio Agent Letter & Mailing List ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _X__ Deviation Justifications Page 207 of 409 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides _X__ Boundary Survey ____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. ___ Submerged Resource Surveys may be included here if required. _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. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative Angel A Mosqueda Matos 10/16/2025 Page 208 of 409 Page 209 of 409 Page 210 of 409 Address:Folio Number: #COMPONENT MANUFACTURER/MODEL IMPACT FL PA/NOA #Exp. Date 1 Swinging +- 2 Sliding +- 3 Garage +- 4 +- 5 +- 6 +- 7 +- 8 +- #COMPONENT MANUFACTURER/MODEL IMPACT FL PA/NOA #Exp. Date 1 Single/Dbl Hung +- 2 Fixed +- 3 Casement +- 4 Horizontal Slider +- 5 Mullion +- 6 Skylights +- 7 +- 8 +- 9 +- 10 +- #COMPONENT MANUFACTURER/MODEL FL PA/NOA #Exp. Date 1 Asphalt Shingles +- 2 Metal +- 3 Tile +- 4 Single Ply +- 5 Underlayment +- 6 Vents +- 7 +- 8 +- #COMPONENT MANUFACTURER/MODEL FL PA/NOA #Exp. Date 1 +- 2 +- 3 +- #COMPONENT MANUFACTURER/MODEL FL PA/NOA #Exp. Date 1 Soffits +- 2 Storefront +- 3 +- 4 +- PANEL WALLS STORM SHUTTERS INDEX SHEET FL PRODUCT APPROVAL / MIAMI-DADE NOA Section E: Section A: Section B: Section C: Section D: Include complete product number with decimal. Example: 20-0619.03 or 21563.2 PRODUCT APPROVALS/NOAs MUST BE ONSITE AT TIME OF INSPECTION DOORS WINDOWS ROOFING PRODUCTS Design Pressure Design Pressure Design Pressure Design Pressure Design Pressure 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-2400 www.colliercountyfl.gov FL Product Approval NOA Index Sheet - 8-23-22 Page 1 of 1 4160 1ST AVE SW, NAPLES,FL 34119 36616360001 Therma-Tru Corporation Yes FL13459-R7 12/31/26 60 67 Clopay Building Products Company Yes NOA 23-0815.02 9/25/28 62 72 Eco-Guard Series 50 Single Hung Yes FL 40096.3 12/31/32 55 60 Flood Vents Flood Solutions/FS 1616 N/A FL17588-R4 3/31/26 GAF Asphalt Roof Shingles (HVHZ) FL10124-R34 12/16/25 GAF Roof Underlayments (HVHZ)FL10626-R27 12/28/26 Page 211 of 409 PROPOSAL SITE PLAN SCALE: 1/32'' = 1'-0'' N 1. 2. 3. 4. 5. 6. 7. 8. GENERAL NOTES F.I.P. 1/2" NO CAP N89°40'50"W 165.00' TRACT - 91 F.I.P. 1/2" NO CAP WIRE FENCE 165.00'+ 11.40+ 11.78+ 10.95+ 11.58 + 11.63 + 11.62+ 11.47+ 11.33+ 11.46+ 11.52+ 11.59+ 11.83+ 11.54+ 11.33+ 11.71+ 11.60+ 11.35+ 12.03+ 11.68+ 11.84+ 11.99+ 11.94+ 12.34+ 11.54+ 11.83+ 11.92+ 11.8412.60 ++ 11.8711.78 ++ 12.86+ 13.25+ 13.24+ 14.04+ 13.9113.46 ++ 11.85+ 14.01+ 14.02+ 14.15 + 13.00+ 12.67+ 12.16 + 10.93+ 11.9513.29 ++ 13.49+ 12.38+ 10.75+ 11.51+ 11.11+ 10.98+ 12.03+ 12.0011.37 ++ 11.29+ 12.32 + 13.11 + 13.32+ 13.93+ 11.21+ 14.17+ 11.41+ 11.82+ 11.9211.91 ++ 9.63+ 11.95+ 11.06+ 11.02+ 10.32+ 10.14 + 11.68+ 11.74+ 12.06+ 11.77+ 11.56+ 11.3711.89 +11.90 ++ 11.91+ 12.15+ 12.10+ 12.5713.23 +13.09 ++ 11.79+ 12.26+ 11.73 11.92 ++ 11.70+ 11.55 + 12.3214.47 + + 11.32+ 11.73+ 9.93+ 12.12+ 11.8013.59 +12.89+WELL PORTION OF TRACT 90630.00 (R)660.00 (M)REMAINDER OF TRACT 90C.L.F.N00°19'10"E 630.00' (M)660.00' (R)660.00' (R)N00°19'10"E 630.00' (M)F.I.R. 1/2" NW CORNER OF TRACT 90 165.00' 165.00' F.I.P. 1/2" LB 8054 ONE STORY RES. #4160 PORTION OF TRACT 90 (SEE DETAIL) COVERED TERRACE I.C.V. (5) A/C PAD CONC. DRIVEWAY WATER FEATURE TRACT - 103 ASPHALT DRIVEWAY C.B.W.C.S. ASPHALT WALK 30.00 RESERVED FOR ROAD RIGHT OF WAY CONC. CULVERT INVERT ELEV = 9.76' CONC. CULVERT INVERT ELEV = 9.66' ASPHALT RETURN B.O.B. S89°40'50"E 1ST AVENUE SW GUY ANCHOR F.I.P. 1/2" NO CAP OVERHEAD WIRE TELECOMS 18" ASPHALT PVMT. U.P. S89°40'50"E 165.00' SET T.B.M. NAIL & DISK ELEV. = 11.95 + 11.73+ 13.01W 0.55' CL.ON PL.0.55' ENCR140.09'39.50' A/C PAD + 12.09OF TRACT 90 EAST 165.00 0.51' ENCR. CL CL 345.13'39.65' 39.52' 35.55' 45.72'160.03'159.92'REAR SETBACK146.87'RIGHT SETBACK 38.25'FRONT SETBACK471.13'LEFT SETBACK 102.75' ADDITION: NEW SHED 1350 1 175' - 5"PROJECTION OF EXISTING SEPTIC SYSTEM 5' SHOULDER SLOPE10.00'13.00'81.00'SLOPE 10.00' UNOBSTRUCT ED AREA:1500 SQ.FT. MIN 5.00' 1 PROJECT:DRAFTED BY:ADDRESS:REVISIONSAll concepts, designs, layouts, and plans depicted or outlined in these drawings are the exclusive property of Architectural Solutions LLC. These elements have been created, refined, and developed specifically for use in connection with the designated project. No concepts, designs, layouts, or plans may be utilized or disclosed to any individual, firm, or corporation for any purpose without the express written consent and authorization of Architectural Solutions LLC. Dimensions explicitly noted on these drawings take precedence over scaled dimensions. Contractors are required to verify all dimensions and site conditions and are responsible for any discrepancies. The engineer must be informed immediately of any deviations from the dimensions and conditions depicted in these drawings. Additionally, all shop fabrication details must be submitted to the engineer for approval prior to commencement of manufacturing. DATE: DRAWN: CHECKED:4160 1ST AVE SW, NAPLES, FL, 34119ADDITION NEW SHED07/12/2024 J.G. W.D. SP-01 08/08/20241 Page 212 of 409 Page 1 of 4 Guide to Stormwater Plans and Impervious Area Worksheet Land Development Code Section 6.05.03 Stormwater Plans for Single Family Dwelling Units, Two Family Dwelling Units and Duplexes LDC section 6.05.03 establishes that a Type I or Type II Stormwater Plan is required on lots with single- family dwelling units, two-family dwelling units, or duplexes, with the following exceptions: Lots located in the Rural Agricultural (A) Zoning district outside the Immokalee Urban Area Overlay district and outside the coastal urban designated area as established in the Future Land Use Map; and Lots that have received a Surface Water Management or Environmental Resource Protection permit from the South Florida Water Management District. Stormwater plans may also be used to demonstrate compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8). HOW TO SUBMIT A STORMWATER PLAN Stormwater plans must be included as a part of an application for a building permit which adds or modifies the impervious area on the property. Stormwater plans may be included on the site plan, certified site plan, or submitted as a separate document. Building permits that do not require a certified site plan must complete the attached impervious area worksheet. See Collier County Administrative Code for Land Development Chapter 4.M for more information regarding the submittal process. IMPERVIOUS AREA THRESHOLDS FOR TYPE I AND TYPE II STORMWATER PLANS The type of stormwater plan that must be included with a building permit is determined by the percentage of impervious area on the property as described in LDC section 6.05.03 C and in Table 1 on the following page. Definitions (LDC section 6.05.03 B): Impervious area: roofed buildings, concrete and asphalt pads, cool deck (e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond areas. Pervious area: grass, crushed stone (e.g. #57), mulch, pavers without limerock base, and unlined pond area. 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Fax (239) 252-6358 Growth Management Department www.colliercountyfl.gov Page 213 of 409 Page 2 of 4 Table 1 (LDC section 6.05.03 C): Zoning District or Lot Location Required Stormwater Plan Type I Stormwater Plan Type II Stormwater Plan RSF-1 30% or less impervious area Greater than 30% impervious area Rural Agricultural (A) within Immokalee Urban Area or Coastal Urban Area on FLUM Estates (E) 25% or less impervious area Greater than 25% impervious area Lots discharging to a waterbody downstream of the last control structure All lots N/A Lots discharging to a waterbody upstream of the last control structure N/A All lots Rural Agricultural (A) outside Immokalee Urban Area or Coastal Urban Area on FLUM Exempt Lots with a surface water management or environmental resource permit from SFWMD All other lots 40% or less impervious area Greater than 40% impervious area TYPE I STORMWATER PLAN REQUIREMENTS Who can prepare Type I stormwater plans: Florida registered design professionals (architects, landscape architects, or engineers), Licensed contractors, or Owner builders Required information (must be included on all Type I plans): □Lot area □Total impervious area □Building elevation (only required when a certified site plan is required) □Building distance from property lines □Directional stormwater flow arrows Conditional information (must be included on Type I plans were applicable): □If septic system present: □Include the location, dimension, and setbacks from property line. □For buildings elevated over 18 inches above the crown of road (not required when using stem walls): 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Fax (239) 252-6358 Growth Management Department www.colliercountyfl.gov Page 214 of 409 Page 3 of 4 □Indicate the elevation/grade at property line □Identify the proposed slope. □For buildings or drainfields close to a property line: □Include a cross section of the slope. □For buildings with gutter and downspouts closer than 10 feet to a property line: □Include note regarding downspout direction. □If retaining walls are present: □Identify the distance from the property line. □If discharging to a waterbody with a pipe: □Identify orifice size. □Identify stabilization method of the discharge area. TYPE II STORMWATER PLAN REQUIREMENTS Who can prepare Type II stormwater plans: Professional Engineers licensed in the state of Florida Required information (must be included on all Type II plans): □Applicable requirements for Type I stormwater plans. □Signed and sealed site plan. □Engineer’s analysis (separate sheet or on site plan): □Include the total retention/detention area, depth, and volume. □Include the square feet of impervious area in excess of the applicable threshold in LDC section 6.05.03 and in Table 1 above. □Cross section of retention/detention area with slope and elevation. □Elevation of wet season water table in the impacted area. Conditional information (must be included on Type II plans where applicable): □If French drains are used: □Calculation for engineer’s analysis = 40% void ratio. □If discharging to a waterbody with a pipe: □Identify orifice size. □Identify stabilization method of the discharge area. LINKS AND CONTACT INFORMATION •Collier County Land Development Code: www.municode.com •Collier County Administrative Code for Land Development: www.colliercountyfl.gov/admincode •For questions regarding stormwater plans: Brett Rosenblum, P.E. Principal Project Manager BrettRosenblum@colliercountyfl.gov (239) 252-2905 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Fax (239) 252-6358 Growth Management Department www.colliercountyfl.gov Page 215 of 409 Page 4 of 4 STORMWATER PLAN WORKSHEET The stormwater plan worksheet must be completed if the building permit does not require a certified site plan. This form is not necessary for building permits that require a certified site plan. Some information required to complete this worksheet may be available from sources such as the property appraiser’s website. Lot Size 1 Lot width ft 2 Lot depth ft 3 Lot Area (multiply lines 1 and 2) ft2 Impervious Area See definition on page 1 4 Existing impervious area (see definition - includes house, driveways, pool decks, etc.) ft2 5 Proposed additional impervious area ft2 6 Total lot impervious area (add lines 4 and 5) ft2 Stormwater Plan Type 7 Percentage of impervious area (line 6 divided by line 3) % 8 Required Stormwater plan (compare line 7 to Table 1 for stormwater plan thresholds): □Type I Stormwater Plan (See LDC section 6.05.03 D.1) □Type II Stormwater Plan (See LDC section 6.05.03 D.2) 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Fax (239) 252-6358 Growth Management Department www.colliercountyfl.gov 165 660 108,900 288 14,530 14,818 13.61 Page 216 of 409 Page 217 of 409 Page 218 of 409 Page 219 of 409 Page 220 of 409 Page 221 of 409 Page 222 of 409 Page 223 of 409 Page 224 of 409 Page 225 of 409 Page 226 of 409 Page 227 of 409 Page 228 of 409 Page 229 of 409 Page 230 of 409 Page 231 of 409 Page 232 of 409 Architectural Solutions LLC 7500 NE 25th St, SUITE 254 Doral , Florida, 33122 8/28/2024 Collier County Government Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Subject: Deferral Request for Process #: PRCP20240730816 To Whom It May Concern, This letter is to address the most recent comment for Process #: PRCP20240730816. This is a formal deferral request to notify the department that the item in question will be provided at a later date for further revision. We appreciate your understanding and request your consideration in deferring the review of this process until the necessary item is submitted. If any additional information is needed in the interim, please feel free to contact me at [your phone number] or [your email address]. Thank you for your time and attention to this matter. Sincerely, Carlos Aragon CEO 305.878.3288 Page 233 of 409 24'24'12'288 SQ FT Water Treatment System Motorized Rolldown Garage Door Flood Vent. FS1616. Size 18.5"x18.5" FL17588-R4 TOTAL AREA SIngle Hung Window SIngle Hung WindowFlood Vent. FS1616. Size 18.5"x18.5" FL17588-R4 .4160 1st Ave SW, Naples 34120 Proposed Flood Vents Proposing 2 flood vents , one on each side wall. One flood vent covers 191Sqft, the two of them will cover a total of 382 Sqft. The building area is 288 Sqft. Page 234 of 409 Page 235 of 409 Page 236 of 409 3/20/24, 9:12 AM Florida Building Code Online https://www.floridabuilding.org/pr/pr_app_dtl.aspx?param=wGEVXQwtDqvYdq2pQ%2fXXJvPJgU4XkCMsuGfa7zdfQk4tQRJqzTTyuA%3d%3d 1/2 BCIS Home Log In User Registration Hot Topics Submit Surcharge Stats & Facts Publications Contact Us BCIS Site Map Links Search Product Approval USER: Public User Product Approval Menu > Product or Application Search > Application List > Application Detail FL #FL17588-R4 Application Type Revision Code Version 2023 Application Status Validated Comments Archived Product Manufacturer Flood Solutions, LLC Address/Phone/Email 1 Industrial Park Dr. Bldg. 27 Pelham, NH 03076 (603) 595-5222 info@floodsolutions.com Authorized Signature Lori Malitsky info@floodsolutions.com Technical Representative Lori Malitsky Address/Phone/Email 1 Industrial Park Drive Building 27 Pelham, NH 03076 (603) 595-5222 info@floodsolutions.com Quality Assurance Representative Lori Malitsky Address/Phone/Email 1 Industrial Park Dr Bldg 27 Pelham, NH 03076 (603) 595-5222 info@floodsolutions.com Category Panel Walls Subcategory Wall Louver Compliance Method Evaluation Report from a Product Evaluation Entity Evaluation Entity ICC Evaluation Service, LLC Quality Assurance Entity ICC-ES Evaluation Service, LLC Quality Assurance Contract Expiration Date 03/31/2026 Validated By ICC Evaluation Service, LLC. Certificate of Independence Referenced Standard and Year (of Standard)Standard Year ASCE/SEI 24 2014 Equivalence of Product Standards Certified By Sections from the Code Page 237 of 409 3/20/24, 9:12 AM Florida Building Code Online https://www.floridabuilding.org/pr/pr_app_dtl.aspx?param=wGEVXQwtDqvYdq2pQ%2fXXJvPJgU4XkCMsuGfa7zdfQk4tQRJqzTTyuA%3d%3d 2/2 Product Approval Method Method 1 Option C Date Submitted 03/18/2024 Date Validated 03/18/2024 Summary of Products FL #Model, Number or Name Description 17588.1 FS FS-1412, FS-1608, FS-1616, FS-1608-HEX Limits of Use Approved for use in HVHZ: No Approved for use outside HVHZ: Yes Impact Resistant: No Design Pressure: N/A Other: Installation Instructions FL17588_R4_II_FS and FS HEX installation instructions.pdf Verified By: ICC Evaluation Service, LLC Created by Independent Third Party: Evaluation Reports FL17588_R4_AE_ICC Report and FL 2024-2026.pdf Back Next Contact Us :: 2601 Blair Stone Road, Tallahassee FL 32399 Phone: 850-487-1824 The State of Florida is an AA/EEO employer. Copyright 2007-2013 State of Florida. :: Privacy Statement :: Accessibility Statement :: Refund Statement Under Florida law, email 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 the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. To determine if you are a licensee under Chapter 455, F.S., please click here . Product Approval Accepts: Page 238 of 409 Need Help? GMCD Public Portal Permit Subcontractor Affirmation Subcontractor List 9/2023 Page 1 of 1 Permit Number: _______________________________________________________________________________________ Job Site Address: ______________________________________________________________________________________ The below named subcontractor hereby requests to be added to the permit files for the building permits listed above. I hereby agree to comply with the County Building requirements and all provisions of the laws of the State of Florida, and all regulations relating to or applying to building, plumbing, electrical, roofing and air conditioning construction. I certify that the information pertaining to my trade on the application is true and correct to the best of my knowledge and belief. Provide as applicable to scope of work: Electrical Contractor Mechanical Contractor Plumbing Contractor Roof Contractor Septic Contractor Low Voltage Contractor Pool Contractor (if permit applied for by a general contractor) Contractor Other ____________ Company Name: _____________________________________________________________________________________ License #: __________________________________________________________________________________________ Qualifier Name: ______________________________________________________________________________________ Qualifier Signature: ______________________________________________________ Date: _________________________ This form can be uploaded to the portal oncethe subcontractor condition has been added. Page 239 of 409 4160 1st AVE SW PRAC2024083455601 Page 240 of 409 Page 241 of 409 Page 242 of 409 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides 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 NOT 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 NOT 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. ____ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control _X__ Affidavit of Representation Authorization _X__ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) _X__ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)  Include 3 thumbnail drives of video and/or audio Agent Letter & Mailing List ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter _X__ Deviation Justifications Page 243 of 409 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides _X__ Boundary Survey ____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. ___ Submerged Resource Surveys may be included here if required. _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. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative Angel A Mosqueda Matos 10/16/2025 Page 244 of 409 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 Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides APPLICANT CONTACT INFORMATION BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PROJECT NAME:_______________________________________________________________________________ Name of Property Owner(s): Name of Applicant if different than owner: Address: City: State: ZIP: Telephone: Cell: Fax: E‐Mail Address: Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E‐Mail Address: 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 Page 245 of 409 Variance Application (VA) 3/27/24 Page 2 of 6 ADJACENT ZONING AND LAND USE 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. 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: Section/Township/Range: / / Unit: Lot: Block: Total Acreage: Subdivision: Metes & Bounds Description: Address/ General Location of Subject Property: Zoning Land Use N S E W Minimum Yard Requirements for Subject Property: Front:_________ f.t. Corner Lot: Yes No Side:__________ f.t. Waterfront Lot: Yes No Rear:__________ f.t. Page 246 of 409 Variance Application (VA) 3/27/24 Page 3 of 6 NATURE OF PETITION 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: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: 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. ASSOCIATIONS Page 247 of 409 Variance Application (VA) 3/27/24 Page 4 of 6 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No If yes, please provide copies.  Page 248 of 409 Variance Application (VA) 3/27/24 Page 5 of 6 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 ½ ” x 11” copy Survey of property showing the encroachment (measured in feet) Affidavit of Authorization, signed 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 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. Pre‐Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code Page 249 of 409 Variance Application (VA) 3/27/24 Page 6 of 6 FEE REQUIREMENTS 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: Pre‐Application Meeting: $500.00 Variance Petition: o Residential‐ $2,000.00 o Non‐Residential‐ $5,000.00 o 5th 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 Applicant Signature Date Printed Name Arturo Mosqueda    Page 250 of 409 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.colliercountyfl.gov/ 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. *Name of Owner/Agent: Firm [if agent]: *Address:*City:*State:*ZIP: *Telephone:Cell:Fax: *E-Mail Address: *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: *Legal Description of subject property or properties [Attach list if necessary]: Street Address(es) where applicable, if already assigned: Applicant Contact Information Location Information Page 251 of 409 Collier County 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.colliercountyfl.gov/ 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_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 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. ☒ List of additional folio numbers and associated legal descriptions. ☐ E-mail from Addressing Official for any pre-approved project and/or street names.☐ Project Information Submittal Requirement Checklist The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMCD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: Front.Desk@colliercountyfl.gov Page 252 of 409 Page 253 of 409 Page 254 of 409 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 b.If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Page 255 of 409 d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 256 of 409 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. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Arturo Mosqueda Page 257 of 409 Page 258 of 409 We respectfully request a variance from the side yard setback requirement set forth in Section 4.02.01 A, Table 2.1 of the Collier County Land Development Code. Speci ϐically, the request is to reduce the side yard setback from 30 feet to 26.3 feet for a storage shed, and to 24.8 feet to allow for a 1.6-foot roof overhang thereby allowing for the continued existence of a 12-foot by 24- foot accessory building. The structure was built in 2024 under permit PRAC2024083455601. Based on the approved site plan, the new 12x12 structure was intended to be attached to the left side of the existing pad (housing the pool and water equipment), with the entrance oriented toward the rear of the property. During installation, this layout proved impractical, and the technicians assumed the entrance was meant to face the house. Believing the structure would remain over 25 feet from the property line, they installed the pad to the right of the existing slab. This adjustment resulted in a 3.7-foot encroachment. Reconstructing the completed shed would result in ϐinancial hardship, as it has already been constructed with reinforced block, installed utilities, windows, and roo ϐing. This request represents the minimum relief necessary to retain reasonable use of the property without adversely impacting surrounding parcels. Page 259 of 409 Astrum AM Construction LLC astrumamconstruction.com 239-465-2520 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? The property contained a pre-existing 12x12-foot concrete pad housing pool equipment, which influenced the decision to expand the structure to 12x24 feet. The encroachment into the side yard requirement resulted from practical considerations regarding the placement of the garage door and man door, as well as a minor engineering misunderstanding during construction. The expansion accommodates the existing layout while ensuring the water filtration system remains untouched. The garage door and man door were oriented to face the front of the property for functionality and accessibility, as alternative placements, such as facing the back, would have been impractical. 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 subject to the variance request. The existing concrete pad, which houses the water filtration system, created constraints on how and where the expansion could be placed. Practical considerations, including maintaining the integrity and functionality of the equipment, heavily influenced the design. C) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardships on the applicant or create practical difficulties on the applicant? Yes. Compliance with the zoning code at this stage would require complete demolition of the structure, which is neither practical nor financially feasible. The structure has been constructed using block and rebar reinforcement, with complete electrical systems, windows, doors, and roofing. This could create unnecessary hardship by rendering the investment in the completed structure unusable and wasting significant resources. The structure does not negatively impact the surrounding area. Page 260 of 409 Astrum AM Construction LLC astrumamconstruction.com 239-465-2520 D) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of land, buildings or structure and which promote standards of health, safety, or welfare? Yes, the requested variance is the minimum adjustment needed to enable reasonable use of the property. The design avoids unnecessary changes and maintains functionality, health, safety, and 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. No, granting the variance will not provide any special privilege denied to others in the same zoning district. It ensures compliance with zoning regulations while resolving unavoidable constraints. 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, granting the variance aligns with the intent and purpose of the zoning code by addressing unique property conditions while maintaining functionality and accessibility. The variance will not harm the neighborhood or 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. No, there are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation in this case. The variance request is based on property-specific structural and design considerations. H) Will granting the variance be consistent with the Growth Management Plan? Yes, granting the variance is consistent with the Growth Management Plan. The variance accommodates unique property conditions without compromising the plan's overarching objectives, including orderly development, land use efficiency, and preservation of community standards. Page 261 of 409 Page 262 of 409 Page 263 of 409 Page 264 of 409 Page 265 of 409 Page 266 of 409 Page 267 of 409 Page 268 of 409 Page 269 of 409 Page 270 of 409 Page 271 of 409 Rev. 8/31/2021 Page 1 of 1 GIS PROCESSING REQUEST (Property Notification Address Listing) Lists do not include Civic or Homeowner Associations. Submit completed form to DL-GMDNorthGIS@colliercountyfl.gov Please allow 3-5 business days for your request to be completed. NOTE: Incomplete or altered forms will not be accepted. Request Date: NIM Date (if scheduled): Name of Agent/Applicant: Business: Telephone #: E-Mail: PL Number (required): Folio Number(s) of Property: 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 [ ] Names, Addresses, and Property Descriptions Results: [ ] Names and Addresses Only Product(s) and Processing Fees [ ] Spreadsheet (MS Excel, Electronic) [ ] Mailing Labels (Printed) [ ] Spreadsheet and Mailing Labels $70.00 $80.00 + $0.06 for every record over 1,500 $85.00 + $0.11 for every record over 1,500 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. AGENT/APPLICANT INFORMATION SITE LOCATION INFORMATION REQUESTED PRODUCTS ADDITIONAL INFORMATION Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov Page 272 of 409 Page 273 of 409 Notification of Variance to Property Owners and Associations within 150 feet Astrum Am Construction, LLC 7935 Airport Pulling Rd N Ste 4, Naples, FL 34109 astrumamconstruction.com June 26, 2025 Dear Property Owner: Please be advised that the sender has made a formal application to request an after- the-fact variance from Land Development Code (LDC) Section 4.02.01.A, Table 2.1, to reduce the required eastern side yard from 30 feet to 26.3 feet to allow for the continued existence of a 12-foot by 24-foot utility shed, and to allow a further reduction of said side yard to 24.8 feet to accommodate the structure’s 1.6-foot roof overhang. This request pertains to property located in the Estates (E) Zoning District. The subject property is located at 4160 1st Avenue SW and further described as the East 165 feet of Tract 90, Golden Gate Estates, Unit No. 1, in Section 10, Township 49 South, Range 26 East, Collier County, Florida. [PL20250000214] You are encouraged to contact the sender of this letter should you require further details or clarification. We would like to assure you that this request is not expected to adversely impact your property interest. Sincerely, Arturo Mosqueda Astrum AM Construction LLC 7935 Airport Pulling Rd N Ste 4, Naples, FL 34109 239-465-2520 Page 274 of 409 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE HARRINGTON, RICHARD H ROSALBA HARRINGTON 4175 1ST AVE SW NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 1 E 165FT OF TR 89 OR 1217 PG 558 36616320009 U K & S PROPERTIES NAPLES LLC 877 BAY COLONY DRIVE #301 NAPLES, FL 34108---0 GOLDEN GATE EST UNIT 1 W 165FT OF TR 91 36616400000 U PEEL, STEPHEN L & KELLY C 4190 1ST AVE SW NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 1 W 165 FT OF TR 90 36616380007 U POLLACK, DAVID ROSS KERRI BETH POLLACK 4130 1ST AVE SW NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 1 W 1/2 OF TR 103 36617140000 U RAISER, THOMAS J CHERI RAISER 4121 1ST AVE SW NAPLES, FL 34119---2640 GOLDEN GATE EST UNIT 1 W 150FT OF TR 104 36617160006 U ROBERT L GRYPHON 2000 TRUST 4191 1ST AVE SW NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 1 W 165FT OF TR 89 OR 1631 PG 682 36616280000 U ROGNSTAD, DANIEL P & OLIVIA K 4145 3RD AVE SW NAPLES, FL 34119---2935 GOLDEN GATE EST UNIT 1 E 165FT OF TR 91 36616420006 U SMITH, CHARLES A & LORRI 4121 3RD AVE SW NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 1 W 150FT OF TR 102 36617040003 U VARALY, KRISTIN N & MICHAEL A 4160 1ST AVE SW NAPLES, FL 34119---0 GOLDEN GATE EST UNIT 1 E 165 FT OF TR 90 36616360001 U Notice: This data 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 data. The recipient may not transfer this data to others without consent from the CCPA. Petition: PL20250000214 | Buffer: 150' | Date: 7/3/2025 | Site Location: 36616360001 POList_150 (1)Page 275 of 409 Page 276 of 409 Page 277 of 409 11/13/2025 Item # 3.E ID# 2025-4544 PETITION NO. PL20250003605 -SV - 5351 Airport Road North - Request for a sign variance from Land Development Code (LDC) Section 5.06.04.F.4.a. to increase the display area for an on-premise wall sign for a unit within a multiple-occupancy parcel from 20 percent of the square footage of the visual façade not to exceed 150 square feet for buildings or units up to 24,999 square feet to instead allow a 193.7 square foot wall sign for Sprouts Farmers Market located in Ridgeport Plaza at 5351 Airport Road North in Section 11, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 ATTACHMENTS: 1. Staff Report SV-10212025 2. Attachment A - Site and Sign Plans 3. Attachment B - Applicant's Backup - Application and Supporting Documents 4. Attachment C PL20250003605 SV 5351 Airport Rd Sign Posting Page 278 of 409 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING: NOVEMBER 13, 2025 SUBJECT: PETITION SV-PL20250003605, SPROUTS – 5351 AIRPORT ROAD NORTH PROPERTY OWNER/AGENT: Owner: Ridgeport Limited Partnership Agent: Lance Oij 1427 Clarkview Rd., Suite 500 LRO LLC dba Sign Permits Plus Baltimore, MD 21209 235 Apollo Beach Blvd., Suite 507 Apollo Beach, FL 33572 REQUESTED ACTION: The petitioner requests a Sign Variance from Land Development Code (LDC) Section 5.06.04.F.4.a to increase the display area for an on-premise wall sign for a unit within a multiple- occupancy parcel from 20 percent of the square footage of the visual façade not to exceed 150 square feet for buildings or units up to 24,999 square feet to instead allow a 193.7 square foot wall sign for the Sprouts Farmers Market at the subject location, resulting in a 43.7 square foot variance. GEOGRAPHIC LOCATION: The subject property is located at 5351 Airport Road North, in the Ridgeport Plaza, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The subject business will occupy a 24,999 square foot unit located within the Ridgeport Plaza, formerly known as Bed, Bath and Beyond Plaza, situated in the northwest quadrant of the intersection of Airport Road North and Pine Ridge Road, comprising 13.4 acres within a Heavy Commercial (C-5) Zoning District. The LDC limits the maximum allowable display area for signs within commercial multiple-occupancy parcels to 150 square feet for buildings or units up to 24,999 square feet. The allowable sign area increases to 200 square feet for buildings or units of 25,000 – 59,999 square feet. The applicant argues that the one square foot deficiency is the result of an unusual floor plan allowing for a second tenant. They therefore request a 43.7 square foot variance to allow for a 193.7 square foot wall sign that has been minimized after discussing the request with staff. SV-PL20250003605 – 5351 Airport Rd N / Sprouts Page 1 of 7 November 13, 2025 Page 279 of 409 Location Map Zoning Map Petition Number: PL2025003605 (I:• $V � . rc:00 l•D .•,/ SITE lt., CPUD I.OCAT'ION -----+ ---------------------- 11 (D f'!l.k:),�- C-5 c...a � w: 1tt,t1 �"' (I) Ill( 3 FALLS OF NAPLES ;, PUO ,::r, � . .... tu. � �f- t/>fruu•�•d,t...i, ,�� 0 :..f, PROJECT r IPJneE. SV-PL20250003605 – 5351 Airport Rd N / Sprouts November 13, 2025 Page 2 of 7 Page 280 of 409 - .. ! ::: ··� Ii .. hndmh�di r G � II SIGIISJNU!-\'141.1.S:QMS 6l8T ◊ I 1601 r.,;num,a.:1ty I 'lfil:)8 l>�tm..p.a...�..lo..M..a.,3,3°C"2'15 81!S-/-4!l.:2)1I MINl<,r&ltl�t9'j'l&W" PAC>..l"tf..T' SPROUTS NAPLES Aft 4'Rl114!T PW1•3 RD. �•IlUFU"lt ••·•■■■ II � � � 111rn ii �: 1\1 0uol 742 �v-.,., r.MU . .... .-,�l..- _. .... ,: .�,t.1 IW. .",' .. � �- ··]·il1 .". � � �o,:.:!:! Qm!· '!.l. ;ui ii � �,ll O:j :: -0·1:[:.i.! 1g·: �m, , ,. ,,.tthfN...11',lll�i C,�,.i S�U-•·O, ,U.•:�ttff'rt I1I!"'""""""" (\ l�)I(' AIRPORT PULLING ROAD (SR-?}) ,--·Ir 21:£A KE;Y f>lAN I� ctupclcri...t n.u, , .. , �NtfH,�I s,- 3 3of6 .... SQ.FT ■ CREATIVE SIGN DESIGNS ,91.1 • liUll1141iDIHIMl. lETml� FWIH� SV-PL20250003605 – 5351 Airport Rd N / Sprouts November 13, 2025 Page 3 of 7 f.u. AR Page 281 of 409 SV-PL20250003605 – 5351 Airport Rd N / Sprouts November 13, 2025 Page 4 of 7 SURROUNDING LAND USE AND ZONING: North: Miscellaneous retail within the same development, Heavy Commercial (C-5) East: Parking for Toys R’ Us, presently vacant, Heavy commercial (C-5) South: Miscellaneous retail within the same development, Heavy Commercial (C-5) West: Michael’s Crafts, retail, Heavy commercial (C-5) Aerial Photo (Collier County GIS) Page 282 of 409 SV-PL20250003605 – 5351 Airport Rd N / Sprouts November 13, 2025 Page 5 of 7 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed-Use District/Urban Residential Subdistrict and the Activity Center Mixed Use District/Activity Center Subdistrict as identified on the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. STAFF ANALYSIS OF SIGN VARIANCE CRITERIA UNDER LDC SECTION 5.06.08 B.1: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district. The applicant’s agent states: “Special conditions and circumstances exist with the land, structure, and building. The unusual floorplan, large building front, building setback, and surrounding trees create a hardship that is unique and not suffered by those in the same district.” Zoning staff agree that the subject property is an older development, which creates some unique hardships, being that the new use is being fit into an already existing environment for which no external modifications are being made. b. That literal interpretation of the provisions of the sign code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. The applicant’s agent states: “The literal interpretation of the sign code, denying signage based upon one square feet of leased space, deprives the applicant of rights enjoyed by other properties in the same zoning district.” Zoning staff does not agree that others in the same situation would not face the same consequences; however, does agree that the one square foot that is lacking is de minimus and agrees that the literal interpretation of the code in this case does cause undue hardship upon the applicant. c. That the special conditions and circumstances which are peculiar to the land, structure or building do not result from the actions of the applicant. The applicant’s agent states: “Relief is sought in advance of action and is not the result of an illegal action of the applicant.” Zoning Staff would further note that the existing shopping center was fully developed prior to occupation by the applicant. The applicant is the lessee of the subject property and leased an existing building. Both the building and the development were constructed before the applicant leased the building; therefore, the site’s peculiarities are not the result of actions taken by the applicant. d. That granting the Variance requested will not confer on the applicant any special privilege that is denied by this sign code to other lands, structures or buildings in the same zoning district. Page 283 of 409 SV-PL20250003605 – 5351 Airport Rd N / Sprouts November 13, 2025 Page 6 of 7 A Sign Variance, by definition, confers some dimensional relief from the zoning regulations specific to a site. LDC Section 5.06.08 allows others relief through the same Sign Variance process that has been undertaken by the applicant. Each Sign Variance project is reviewed individually based on its own merits. Staff believe the applicant has justified their need to engage in the Sign Variance process. e. That the Variance granted is the minimum relief that will make possible the reasonable use of the land, building or structure. The applicant’s agent states: “The applicant has heeded the advice of Collier County Planning staff to revise their request to make it the minimum sign necessary for reasonable use of the building.” Zoning staff notes that the applicant has minimized the requested sign area after consulting with staff. f. That the granting of the Variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan, and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. Section 5.06.01.A. of the LDC states that the purpose and intent of the sign code is to provide minimum control of signs necessary to promote the health, safety, and general welfare of the citizens of Collier County, Florida, by: 1. Lessening hazards to pedestrians and vehicular traffic; 2. Preserving property values. 3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; 4. Preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; 5 Assuring good and attractive design that will strengthen the county's appearance and economic base, and; 6. Preserving the right of free speech and expression in the display of signs. Staff find that the subject Variance request satisfies established criteria and is consistent with the general intent and purpose of the LDC and GMP. LDC Section 10.03.06.F.2.a requires the agent for sign variance petitions send an “agent letter” to property owners and associations located within 150 feet of the area covered by the petition. The agent for this project sent said agent letter on, or about, August 18, 2025, as evidenced by a notarized affidavit and mailing information contained within Attachment B. CONCURRENT LAND USE APPLICATIONS: • SDPI-PL20250004488; Site plan modification to Ridgeport Plaza (FKA: Bed, Bath, and Beyond Plaza) to accommodate Sprouts and Golf Galaxy, SDPA-2004-AR-5810. The SDPI is currently approved. Page 284 of 409 SV-PL20250003605 – 5351 Airport Rd N / Sprouts November 13, 2025 Page 7 of 7 RECOMMENDATION: Staff recommend that the Collier County Hearing Examiner render a Decision to approve Petition SV-PL20250003605 to deviate from LDC Sections 5.06.04.F.4.a to allow a 43.7 square foot variance by authorizing a 193.7 square foot wall sign for Sprouts Farmer’s Market at the subject location. Attachments: A. Site and Sign Plan B. Applicant’s Backup - Application and Supporting Documents Page 285 of 409 SPROUTS NAPLES 5351 AIRPORT PULLING RD, NAPLES FL 34109 7 4 2 3-10-25 X JC 01 02 07 03 08 04 09 05 10 06 KAREN 12801 Commodity Place Tampa, Florida 33626 Phone: 813-818-7100 Fax: 813-749-2311 www.creativesigndesigns.com Account Manager: Quote: Project Manager / Project Leader Designer:Date: SITE ADDRESS PROJECT: This Drawing and all reproductions thereof are the property of Creative Sign Designs and may not be reproduced, published, changed or used in any way without written consent Sheet: No. Date Description Revision: 1 1 of 6 THESE DRAWINGS AND ALL REPRODUCTIONS THEREOF ARE THE PROPERTY OF CREATIVE SIGN DESIGNS AND MAY NOT BE REPRODUCED, PUBLISHED, CHANGED, OR USED IN ANY WAY WITHOUT WRITTEN CONSENT. NAPLES, FL 6/18/25 CONCEPTUAL DESIGN ONLY CUSTOMER APPROVAL / SIGNATURE SIGNATURE:DATE: STORE #675 Creative Sign Designs 12801 Commodity Place, Tampa, FL 33626 www.creativesigndesigns.com *VARIANCE REQ. Page 286 of 409 SPROUTS NAPLES 5351 AIRPORT PULLING RD, NAPLES FL 34109 7 4 2 3-10-25 X JC 01 02 07 03 08 04 09 05 10 06 KAREN 12801 Commodity Place Tampa, Florida 33626 Phone: 813-818-7100 Fax: 813-749-2311 www.creativesigndesigns.com Account Manager: Quote: Project Manager / Project Leader Designer:Date: SITE ADDRESS PROJECT: This Drawing and all reproductions thereof are the property of Creative Sign Designs and may not be reproduced, published, changed or used in any way without written consent Sheet: No. Date Description Revision: 2 2 of 6 WALL SIGNS: NOTES: BuildingElevation Area Allowedper Elevation Signs Allowedper Elevation LTR HeightAllowed Sq. FootageSee following pgs. Sign Type PROPOSED WEST Total 278 SF NOT SPECIFIED WINDOW SIGNS: BuildingElevation Area Allowedper Code or LL Sq. Footage PROPOSED 50% OF GLASS AREA ALLOWED FOR VINYLS FREESTANDING SIGNS: ADDITIONAL SIGNS / TEMPORARY SIGNAGE: VARIANCE IF REQUIRED / LIKELIHOOD Freestanding Signs: Panel Size - Area or Dimensions Panel Location: NOTES: street:street:TOPWE SHOULD PROCEED ON THE BASIS THAT THE GRIDS AREAN ARCHITECTURAL FEATURE AND FRESH LOCAL ORGANICARE ONE SIGNPERMITS ARE REQUIRED FOR TEMP SIGNS AND BANNERS, HOWEVER CONSTRUCTION SIGNS OF 32 SF OR LESS DO NOTREQUIRE A PERMIT BUT THESE MUST BE AT LEAST 10 FT FROM THE RIGHT OF WAY. MAX TIME THE SIGN CAN BE UP IS 30DAYS - NO LIMIT TO THE QTY OF TEMP SIGNS SO LONG AS APPROVAL IS GIVEN BY THE PROPERTY OWNER. SUPPLYING TENANT PANELS ONLY - MONUMENT ALREADY IN SITU3'-4" x 12.0' - 40 SFVariance: Likelihood: 8400 SR 200-EN/A Main - Channel Letters #N/A Main - Secondary Signs #N/ASHOPPING CENTER - 1.75 SF PER 1 LF - MAX 3 WALL SIGNS MAX COMBINED SF 315NORTHSOUTHEAST#TOTAL OF WALL SIGNSCAN NOT EXCEED 3 N/A N/A N/A N/A N/A 193.6 SF PAGE 5 84.4 SF PAGE 6 CODE: 1.75 SFPER 1 LF CODE: 1.75 SFPER 1 LF CODE: 1.75 SFPER 1 LF CODE: 1.75 SFPER 1 LF 315 SF - MAXCOMBINED WALL SIGNS: NOTES: Building Elevation Area Allowed per Elevation Signs Allowed per Elevation LTR Height Allowed Sq. Footage See following pgs. Sign Type PROPOSED WEST Total 193.7 SF FREESTANDING SIGNS: ADDITIONAL SIGNS / TEMPORARY SIGNAGE (BANNERS): VARIANCE IF REQUIRED / LIKELIHOOD Freestanding Signs: Panel Size - Area or Dimensions Panel Location: NOTES: street: street: Variance: Likelihood: STORE NUM.: #675 CROSS STREETS: ADDRESS: 5351 AIRPORT PULLING RD, NAPLES FL 34109 N/A N/A N/A CODE ALLOWS 1 WALL SIGN @ 150 SQ.FT MAX. VARIANCE REQUESTED @ 193.7 SQ.FT NORTH SOUTH Main - Channel Letters EAST 150 sf 1 N/A WINDOW SIGNS: Building Elevation N/A PROPOSED YES 150 sf 1 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 193.7 SF Page 287 of 409 SPROUTS NAPLES 5351 AIRPORT PULLING RD, NAPLES FL 34109 7 4 2 3-10-25 X JC 01 02 07 03 08 04 09 05 10 06 KAREN 12801 Commodity Place Tampa, Florida 33626 Phone: 813-818-7100 Fax: 813-749-2311 www.creativesigndesigns.com Account Manager: Quote: Project Manager / Project Leader Designer:Date: SITE ADDRESS PROJECT: This Drawing and all reproductions thereof are the property of Creative Sign Designs and may not be reproduced, published, changed or used in any way without written consent Sheet: No. Date Description Revision: 3 3 of 6 SIGN 1 PINE RIDGE ROAD (C-896)AIRPORT PULLING ROAD (SR-31) AREA KEY PLAN2NTS1SIGNAGE SITE PLAN NTS ILLUMINATED CHANNEL LETTERS, FLUSH MOUNTED1EAST DESIGN SIGN STATUS - WALL SIGNS 193.7 SQ.FT 382 SQ.FT Page 288 of 409 SPROUTS NAPLES 5351 AIRPORT PULLING RD, NAPLES FL 34109 7 4 2 3-10-25 X JC 01 02 07 03 08 04 09 05 10 06 KAREN 12801 Commodity Place Tampa, Florida 33626 Phone: 813-818-7100 Fax: 813-749-2311 www.creativesigndesigns.com Account Manager: Quote: Project Manager / Project Leader Designer:Date: SITE ADDRESS PROJECT: This Drawing and all reproductions thereof are the property of Creative Sign Designs and may not be reproduced, published, changed or used in any way without written consent Sheet: No. Date Description Revision: 4 4 of 6 24,499 SF GROSS SPROUTS PRIMARY AREA 00.1200.01 00.10 00.09 00.07 00.08 PALLET & BALE STORAGE PALLET & BALE STORAGE PALLET & BALE STORAGE PALLET & BALE STORAGE PALLET & BALE STORAGE PALLET & BALE STORAGE FOOD WASTE RECYCLING 3 YD 4 YD MIXED RECYCLING CHICKEN GREASE RECYCLING 224 GAL AREA DRAIN +/- 3'-1 1/2"MO8'-0"4 4 5 5 7 7 8 8 9 9 DD CC BB AA 6 6 CLEAR 121'-6 1/2"CLEAR+/- 173'-5 1/2"CLEAR +/- 181'-8 1/2" MO 16'-0"35'-5"MO 3'-4" 16'-0"MO 3'-4" 13'-1 3/4" MO 3'-4" +/- 41'-5 1/4"+/- 1'-5 3/4" MO 5'-4"23'-6 1/4" MO +/- 3'-10"+/- 10'-8 1/2" 3.5 3.5 +/- 182'-11 1/4"CLEAR+/- 49'-2 3/4"13'-11"+/- 100'-1 3/4"+/- 2'-11 1/2"+/- 4'-9 1/2"+/- 28'-0"+/- 23'-2"+/- 17'-9"122'-1 1/4"+/- 13'-3"+/- 47'-7" +/- 81'-4 1/4"+/- 30'-4"+/- 71'-3"+/- 1'-5"+/- 175'-4 3/4"+/- 176'-9 3/4"CLEAR 6'-9" RAMP 8'-0"6'-9 1/2" 00.33 00.43 00.4500.46 TYP TYP 00.47 A.1 B.1 8.5 10 10 B.2 A.9 AA EE CCCC 5.9 BB F 4.2 4.5 5.2 5.5 +/- 15'-11 1/4"+/- 32'-1 1/2"+/- 33'-9"+/- 8'-1"+/- 32'-2 1/2"+/- 30'-5 3/4"+/- 30'-4 1/4" 4'-8"25'-0"4'-8"62'-0 3/4"13'-3" 7.8 DN 1":12"+/- 47'-5 3/4"+/- 29'-9 3/4"+/- 30'-0 1/4"+/- 29'-10"+/- 38'-3"1'-5"00.13 5'-0"6'-0"9'-11"10'-0"00.50 +/- 20'-3 1/2"+/- 20'-4 1/4"+/- 8 1/4" 00.13 00.14 00.16 00.15 00.17 MO 3'-4"26'-0" 00.27 00.48 00.26 14'-9" 00.54 00.13 NOT A PARTADJACENT SPACE CORRIDOR7'-9"+/- 51'-2"NET SPROUTS AREA (INSIDE FACE OF DEMISE)24,004 SF LEASED SPACE Page 289 of 409 SPROUTS NAPLES 5351 AIRPORT PULLING RD, NAPLES FL 34109 7 4 2 3-10-25 X JC 01 02 07 03 08 04 09 05 10 06 KAREN 12801 Commodity Place Tampa, Florida 33626 Phone: 813-818-7100 Fax: 813-749-2311 www.creativesigndesigns.com Account Manager: Quote: Project Manager / Project Leader Designer:Date: SITE ADDRESS PROJECT: This Drawing and all reproductions thereof are the property of Creative Sign Designs and may not be reproduced, published, changed or used in any way without written consent Sheet: No. Date Description Revision: 5 5 of 6 7/2/2024 REV. / AW 0'-0"FINISH FLOOR+/- 9'-0"BO CANOPY FASCIA+/- 20'-2"TO EXISTING AWNING+/- 26'-2"TO MASONRY8'-0"TO STONE SILL35' - 0"TO PEAK FRAMING12'-0"ENTRY SOFFIT 48 3/4”54”22 1/2”7’-2”27'-0 3/8" 24'-8 1/4" 193.7 SQ.FT.ILLUMINATED CHANNEL LETTERS - REMOTE SCALE: 1/4” = 1’-0”1 48 3/4”54”22 1/2”7’-2”27'-0 3/8" 24'-8 1/4" 193.7 SQ.FT.ILLUMINATED CHANNEL LETTERS - REMOTE SCALE: 1/4” = 1’-0”1 SIMULATED NIGHT VIEW SCALE: N.T.S. SIGN 1 54”7’-2"24'-8 1/4”EQ EQ 27'-2 1/2"35'-0"SCALE: 3/32” = 1’-0" EAST ELEVATION35'-0"SIGN 1 122'-1 1/4” 65'-6 3/4”29'-6 3/4"26'-2”Page 290 of 409 SPROUTS NAPLES 5351 AIRPORT PULLING RD, NAPLES FL 34109 7 4 2 3-10-25 X JC 01 02 07 03 08 04 09 05 10 06 KAREN 12801 Commodity Place Tampa, Florida 33626 Phone: 813-818-7100 Fax: 813-749-2311 www.creativesigndesigns.com Account Manager: Quote: Project Manager / Project Leader Designer:Date: SITE ADDRESS PROJECT: This Drawing and all reproductions thereof are the property of Creative Sign Designs and may not be reproduced, published, changed or used in any way without written consent Sheet: No. Date Description Revision: 6 6 of 648 3/4”54”22 1/2”7’-2”27'-0 3/8" 24'-8 1/4" RETURNS: FACE: MATERIAL: .150” WHITE POLY BACKS: MATERIAL: 3MM X 0.008 ACM COLOR: WHITE ELECTRICAL: MATERIAL: GE POWER SUPPLY AMPS: 1.1 AMPS PER P.S. MATERIAL: ALUMINUM “SPROUTS”: PRE-PAINTED .050 ALUM “FARMERS MARKET”: PRE-PAINTED .040 ALUM. SIZE: 5” COLOR: WHITE (WHITE INSIDE) MATERIAL: 1” JEWELITE TRIM CAP COLOR: WHITE ILLUMINATION: MATERIAL: GE LED SIZE: 5” GEMX24GL-W1 COLOR: MAX GREEN MAIN SIGN OPTIONS-WHITE DAY/GREEN NIGHT-ATTACHMENT DETAILS THE AMOUNT OF WEEPHOLES/BAFFLES IS DEPENDENT UPON THE SIZE AND/OR THE SHAPE OF THE INDIVIDUAL CHANNEL LETTER(S). DETERMINED BY ENGINEERING. IN THE EVENT THAT AN EXTERNAL SWITCH IS REQUIRED ON THE BUILDING, PLACE AT THE END OF THE WORD MARKET. SIZE MATRIX 54”4’-6”4’-0 3/4”1’-10 1/2”7’-2”27’-0 3/8”24’-8 1/4”193.7 Weephole Cover Detail – Section – Illuminated Scale: NTS1/2"1/2" 1/4" Paint all exterior surfaces of baffle reflective white Weep hole Paint all interior surfaces of baffle matte white Weep hole Baffle *SIGN SIZE NOT PART OF STANDARD MATRIX 193.7 SQ.FT.ILLUMINATED CHANNEL LETTERS - REMOTE1 Page 291 of 409 REVISED 8-4-2025 Page 292 of 409 Page 293 of 409 Page 294 of 409 Page 295 of 409 Page 296 of 409 Page 297 of 409 Sign Variance Petition Statement of Hardship Sprouts Farmers Market 5351 Airport Road North Naples, FL Sprouts Farmers Market is leasing a space formerly occupied by Bed, Bath & Beyond in a shopping center located on the northwest corner of Airport Road North and Pine Ridge Road. The property is 13.4 acres +/- and located within the Heavy Commercial C-5 Zoning District. They are requesting a variance to allow for a larger wall sign than is allowed by code. In their original sign variance petition, they were requesting 382.2 square feet of signage to include the words: “Sprouts Farmer’s Market, Fresh, Organic, Wellness.” After consultation with Collier County Planning Staff during the pre-application meeting, Sprouts is revising the petition. They are requesting a 43.7 square feet variance to allow for a 193.7 square feet wall sign where 150 square feet is allowed by the sign ordinance. (LDC Section 5.06.04.F.4.a.) They have reduced the proposed square footage by removing the words “Fresh, Organic, Wellness,” and removing the contrasting color backer panel from behind the words Sprouts Farmers Market to adjust the request to the minimum possible to adequately identify the store. LDC Section 5.06.04.F.4.a reads as follows: The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. As described above, there are two methods for calculating sign area. Using the first method of allowing not more than 20% of the total square footage of the visual façade of the building, Sprouts would be allowed signage not to exceed 639 square feet since they have a storefront that is 26’2” high and 122 1 ¼”’ wide or 3195 square feet. The height and width method shows that the proposed sign at 193.7 square feet is not out of scale for the size of the storefront and is consistent with permitted signage for other major tenants in local shopping centers. Page 298 of 409 The second method of calculation is using the leased area to determine a maximum sign area. Sprouts has leased a 24,999 square feet space. If their store were one square foot larger, they would be allowed 200 square feet of signage without a variance. Their unusual floor plan allows for another tenant to occupy the front right corner of their store and reduces the size of their unit. If the floorplan were a typical rectangle, it would exceed 25,000 square feet. The literal interpretation of the sign code deprives the applicant of signage that is granted to other businesses with similar spaces. The purpose and intent of the sign ordinance includes the goal of providing the minimum control of signs necessary to promote the health safety and general welfare of the citizens of Collier County. (LDC 5.06.01). Sprouts’ request is in keeping with that intent by allowing for signage that able to be read from the ground at its proposed height on the building. The storefront is set back over 500 feet from the street which makes the sign appear smaller than it would in a shopping center with a smaller parking lot. A more visible sign promotes health and safety by allowing for the sign to be seen by drivers trying to navigate safe ingress and for those who are searching for parking within the large lot. The property is surrounded by beautiful, mature trees that line the right-of-way. While these trees enhance the appearance of the area, they also impede visibility of signage, giving drivers quick glimpses to determine the location of their destination and verify their GPS instructions. Sprouts will comply with the requirements of LDC Section 5.06.04.F.b for a 10% clear area on each side of the proposed sign as well as other sections of the LDC Section 5.06. The granting of a sign petition for Sprouts will result in substantial justice by allowing for clear identification for this national retailer, allowing for free speech, and promoting the health and safety of the public. It is consistent with the conditions for approval: a) Special conditions and circumstances exist with the land, structure and building. The unusual floorplan, large building front, building setback and surrounding trees create a hardship that is unique and not suffered by those in the same district. b) The literal interpretation of the sign code, denying signage based upon one square feet of leased space, deprives the applicant of rights enjoyed by other properties in the same zoning district. c) Relief is sought in advance of action and is not the result of an illegal action of the applicant. Page 299 of 409 d) The LDC recognizes the right for businesses to apply for a variance in circumstances that are unusual and create a hardship for the business. By granting the variance application, the applicant will not enjoy a special privilege denied to others. e) The applicant has heeded the advice of Collier County Planning staff to revise their request to make it the minimum sign necessary for reasonable use of the building. f) Approval of the variance petition will be consistent with the general intent and purpose of the Collier County Sign Code, which encourages good attractive design that will strengthen the county’s appearance and economic base. In conjunction with the installation of the proposed signage, Sprouts is refreshing and remodeling the storefront to provide the shopping center with a more modern appearance and enhance the surroundings. Page 300 of 409 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.colliercountyfl.gov/ 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. *Name of Owner/Agent: Firm [if agent]: *Address:*City:*State:*ZIP: *Telephone:Cell:Fax: *E-Mail Address: *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: *Legal Description of subject property or properties [Attach list if necessary]: Street Address(es) where applicable, if already assigned: Applicant Contact Information Location Information Ridgeport Limited Partnership Sign Permits Plus, agent for Creative Sign Design, (sign manufacturer for Sprouts Farmer's Market) 235 Apollo Beach Blvd, Suite 507 Apollo Beach FL 33572 (941) 518-4342 renee@signpermitsplus.com 85000624485 see attached property record card 5351 Airport Pulling Road, Naples, (Sprouts Farmer's Market, formerly Bed Bath & Beyond) XXXXXXXXXX 0024044006 Revised 8-4-25 with updated legal description Page 301 of 409 Collier County 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.colliercountyfl.gov/ 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_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 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.☒ List of additional folio numbers and associated legal descriptions.☐ E-mail from Addressing Official for any pre-approved project and/or street names.☐ Project Information Submittal Requirement Checklist The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMCD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email:Front.Desk@colliercountyfl.gov Currently Vacant (formerly Bed, Bath and Beyond) Sprouts wall sign n/a n/a Page 302 of 409 BED BATH AND BEYOND PLAZA Legal Description Parcel I A part of the Southeast 1/4 Section 11, Township 49 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; thence along the South line of Section 11, South 89°35'20" West 1,373.65 feet to the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 11; thence along the West line of the Southeast 1/4 of the Southeast 1/4 of said Section 11, North 00°22'11" East 67.51 Feet to the North right of way Line of County Road C-896 (Pine Ridge Road) as described On O.R. Book 893, P. 0169, Collier County Public Records, Collier County, Florida; Thence along said North right of way line North 89°35'20" East 424.23 feet to the point of beginning of the Parcel herein described; thence leaving said North right of way line North 01°08'50" East 1110.76 feet; thence South 88°51'10" East 550.00 feet; thence South 01°08'50" West 469.00 feet; thence South 88°51'10" East 250.00 Feet to the West right of way line of State Road S-31 (Airport Road); thence along said West right of way line South 01°08'50" West 270.00 feet; thence leaving said west right of way line North 88°51 '10" West 250.00 feet; thence South 01°08'50" West 356.80 fee to the said North right of way line of County Road C-896 (Pine Ridge Road); thence along said North right of way line South 89°35'20" West 550.21 feet to the point of beginning of the parcel herein described. And A part of the Southeast 1/4 Section 11, Township 49 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the Southeast corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; thence along the South line of Section 11, South 89°35'20" West 1323.65 feet to the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 11; thence along the west line of the Southeast 1/4 of the Southeast 1/4 of said section 11, north 00°22'11" east 67.51 feet to the North right of way line of County Road C-896 (Pine Ridge Road) as described on O.R. Book 893, page 0169, Collier County Public Records, Collier County, Florida; thence along said North right of way line North 89°35'20" East 974.44 feet; thence leaving said North right of way line North 01°08'50" East 171.80 feet to the point of beginning of the parcel herein described; thence continue North 01°08'50" east 185.00 feet; thence South 88°51'10" East 250.00 feet to the West right of way line of State Road S-31 (Airport Road); thence along said West right of way line South 01°08'50" West 185.00 feet; thence leaving said West right of way line North 88°51'10·West 250.00 feet to the point of beginning of the parcel herein described. Less and except: Lands as described and set forth in -hat certain warranty deed recorded in Official Records Book 2187, page 1054, Public Records of Collier County, Florida. Page 303 of 409 Parcel II Parcel B, Home Depot Naples, a subdivision according to the Plat thereof recorded in Plat Book 33. page 65 and 66, Collier County, Florida and also being described as follows: A parcel of land lying in and being part of the Section 11. Township 49 South, Range 25 East, Collier County, Florida; being more particularly described as follows: Commencing at the southeast corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; thence run along the south line of said Section 11. South 89°35'20" West, 899.42 feet; thence North 01°08'50" East, 67.51 feet to the northerly right of way line of County Road C-896 (Pine Ridge Road) as described on O.R. Book 893, page 169, of the Public Records of Collier County, Florida; thence continue North 01°08'50" East, 729.82 feet to the point of beginning of the parcel herein described; thence continue North 01°08'50" East 380.96 feet; thence North 88°51'10" West, 182.05 feet; thence South 01°08'50" West, 384.70 feet; thence North 89'58'17" East, 182.09 feet to the point of beginning. Parcel III (Easement) Easement interest as set forth in that certain Declaration of Easements, Covenants, and Restrictions recorded in Official Records Book 1314, page 862, as amended by Official Records Book 3865, Page 1662, Public Records of Collier County, Florida. Parcel IV (Easement) Easement interest as set forth in that certain Declaration of Easements, Covenants, and Restrictions recorded in Official Records Book 1374, page 196, Public Records of Collier County Florida. Parcel V (Easement) Easement interest as set forth in that certain Reciprocal Easement and Operation Agreement recorded in Official Records Book 2187, page 1056 and as affected by Official Records Book 2369, page 2363; Official Records Book 2396, Page 3298 and Official Records Book 2701, page 3159, Public Records of Collier County Florida. Parcel VI (Easement) Easement interest as set forth in that certain Agreement recorded in Official Records Book 2338, page 1681, as affected by Official Records Book 2484, page 2515, Public Records of Collier County Florida. Parcel VII (Easement) Easement interest as set forth in that certain Easement Deed and Agreement recorded in Official Records Book 2746, page 3078, as affected by Corrective Easement and Agreement, recorded in Official Records Book 2767, Page 1979. Page 304 of 409 BED BATH AND BEYOND PLAZA Legal Description Parcel I A part of the Southeast 1/4 Section 11, Township 49 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the southeast corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; thence along the South line of Section 11, South 89°35'20" West 1,373.65 feet to the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 11; thence along the West line of the Southeast 1/4 of the Southeast 1/4 of said Section 11, North 00°22'11" East 67.51 Feet to the North right of way Line of County Road C-896 (Pine Ridge Road) as described On O.R. Book 893, P. 0169, Collier County Public Records, Collier County, Florida; Thence along said North right of way line North 89°35'20" East 424.23 feet to the point of beginning of the Parcel herein described; thence leaving said North right of way line North 01°08'50" East 1110.76 feet; thence South 88°51'10" East 550.00 feet; thence South 01°08'50" West 469.00 feet; thence South 88°51'10" East 250.00 Feet to the West right of way line of State Road S-31 (Airport Road); thence along said West right of way line South 01°08'50" West 270.00 feet; thence leaving said west right of way line North 88°51 '10" West 250.00 feet; thence South 01°08'50" West 356.80 fee to the said North right of way line of County Road C-896 (Pine Ridge Road); thence along said North right of way line South 89°35'20" West 550.21 feet to the point of beginning of the parcel herein described. And A part of the Southeast 1/4 Section 11, Township 49 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the Southeast corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; thence along the South line of Section 11, South 89°35'20" West 1323.65 feet to the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 11; thence along the west line of the Southeast 1/4 of the Southeast 1/4 of said section 11, north 00°22'11" east 67.51 feet to the North right of way line of County Road C-896 (Pine Ridge Road) as described on O.R. Book 893, page 0169, Collier County Public Records, Collier County, Florida; thence along said North right of way line North 89°35'20" East 974.44 feet; thence leaving said North right of way line North 01°08'50" East 171.80 feet to the point of beginning of the parcel herein described; thence continue North 01°08'50" east 185.00 feet; thence South 88°51'10" East 250.00 feet to the West right of way line of State Road S-31 (Airport Road); thence along said West right of way line South 01°08'50" West 185.00 feet; thence leaving said West right of way line North 88°51'10·West 250.00 feet to the point of beginning of the parcel herein described. Less and except: Lands as described and set forth in -hat certain warranty deed recorded in Official Records Book 2187, page 1054, Public Records of Collier County, Florida. **Sprouts is occupying a portion of the former Bed Bath and Beyond storein Parcel 1 ** Page 305 of 409 Parcel II Parcel B, Home Depot Naples, a subdivision according to the Plat thereof recorded in Plat Book 33. page 65 and 66, Collier County, Florida and also being described as follows: A parcel of land lying in and being part of the Section 11. Township 49 South, Range 25 East, Collier County, Florida; being more particularly described as follows: Commencing at the southeast corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; thence run along the south line of said Section 11. South 89°35'20" West, 899.42 feet; thence North 01°08'50" East, 67.51 feet to the northerly right of way line of County Road C-896 (Pine Ridge Road) as described on O.R. Book 893, page 169, of the Public Records of Collier County, Florida; thence continue North 01°08'50" East, 729.82 feet to the point of beginning of the parcel herein described; thence continue North 01°08'50" East 380.96 feet; thence North 88°51'10" West, 182.05 feet; thence South 01°08'50" West, 384.70 feet; thence North 89'58'17" East, 182.09 feet to the point of beginning. Parcel III (Easement) Easement interest as set forth in that certain Declaration of Easements, Covenants, and Restrictions recorded in Official Records Book 1314, page 862, as amended by Official Records Book 3865, Page 1662, Public Records of Collier County, Florida. Parcel IV (Easement) Easement interest as set forth in that certain Declaration of Easements, Covenants, and Restrictions recorded in Official Records Book 1374, page 196, Public Records of Collier County Florida. Parcel V (Easement) Easement interest as set forth in that certain Reciprocal Easement and Operation Agreement recorded in Official Records Book 2187, page 1056 and as affected by Official Records Book 2369, page 2363; Official Records Book 2396, Page 3298 and Official Records Book 2701, page 3159, Public Records of Collier County Florida. Parcel VI (Easement) Easement interest as set forth in that certain Agreement recorded in Official Records Book 2338, page 1681, as affected by Official Records Book 2484, page 2515, Public Records of Collier County Florida. Parcel VII (Easement) Easement interest as set forth in that certain Easement Deed and Agreement recorded in Official Records Book 2746, page 3078, as affected by Corrective Easement and Agreement, recorded in Official Records Book 2767, Page 1979. Page 306 of 409 Page 307 of 409 Page 308 of 409 Page 309 of 409 Page 310 of 409 Page 311 of 409 Page 312 of 409 Page 313 of 409 Page 314 of 409 Page 315 of 409 Page 316 of 409 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 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 1 of 3 REVISED 10-2-2025 Page 317 of 409 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract:___________ f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 01/2023 Page 2 of 3 Ridgeport Limited Partnership 12/1995 Page 318 of 409 Page 319 of 409 * Jonathan Eisner is the Trustee of Schapiro Trusts 113, 127, 136 and 159 ** Sandy Schreiber is the Trustee of Trust U/W of Joseph Schapiro for Doris Reif (Item 5-Doris) *** Each owning 5% or less RIDGEPORT LIMITED PARTNERSHIP October 2, 2025 Ridgeport Limited Partnership, a Maryland limited partnership Ridgeport, Inc. 1% Ridgeport Plaza Naples, Florida John A. Luetkemeyer, Jr., Trustee of John 50% A. Luetkemeyer, Jr. Revocable Trust Schapiro Trust 113* 10% Schapiro Trust 127* 10% Schapiro Trust 127* 10% Schapiro Trust 159* 1% Trust U/W of Joseph Schapiro for Doris Reif** 5% Craig D. Timmins, Trustee of Craig D. Timmons 5% Revocable Trust dtd 12/10/2018 Various Individuals*** 8% General Partner John A. Luetkemeyer, Jr., Trustee of 50% John A. Luetkemeyer, Jr. Revocable Trust J. Mark Schapiro, Trustee of the J. 50% Mark Schapiro Revocable Trust Limited Partners Page 320 of 409 1427 CLARKVIEW RD SUITE 500 BALTIMORE, MD 21209 Current Principal Place of Business: Current Mailing Address: 1427 CLARKVIEW RD SUITE 500 BALTIMORE, MD 21209 Entity Name: RIDGEPORT, INC. DOCUMENT# F95000005198 FEI Number: 52-1953476 Certificate of Status Desired: Name and Address of Current Registered Agent: HF REGISTERED AGENTS, LLC 1715 MONROE STREET FT. MYERS, FL 33901 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Officer/Director Detail Date FILED Feb 06, 2025 Secretary of State 8454857509CC LAUREN WAYNE VICE PRESIDENT 02/06/2025 2025 FOREIGN PROFIT CORPORATION ANNUAL REPORT No Title PT Name LUETKEMEYER JR, JOHN A Address 1427 CLARKVIEW RD., SUITE 500 City-State-Zip:BALTIMORE MD 21209 Title VP OF ACCOUNTING Name WAYNE, LAUREN Address 1427 CLARKVIEW RD., SUITE 500 City-State-Zip:BALTIMORE MD 21209 Title VPS Name SCHAPIRO, J M Address 1427 CLARKVIEW RD., SUITE 500 City-State-Zip:BALTIMORE MD 21209 Page 321 of 409 % CONTINENTAL REALTY CORP. 1427 CLARKVIEW RD, STE. 500 BALTIMORE, MD 21209 Current Principal Place of Business: Current Mailing Address: % CONTINENTAL REALTY CORP. 1427 CLARKVIEW RD, STE. 500 BALTIMORE, MD 21209 Entity Name: RIDGEPORT LIMITED PARTNERSHIP DOCUMENT# B95000000376 FEI Number: 52-1947089 Certificate of Status Desired: Name and Address of Current Registered Agent: HF REGISTERED AGENTS, LLC 1715 MONROE STREET FORT MYERS, FL 33901 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a general partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing General Partner Detail Date FILED Feb 06, 2025 Secretary of State 8913577844CC LAUREN WAYNE VICE PRESIDENT 02/06/2025 2025 FOREIGN LIMITED PARTNERSHIP ANNUAL REPORT No Document #F95000005198 Name RIDGEPORT, INC. Address 1427 CLARKVIEW RD., STE. 500 City-State-Zip:BALTIMORE MD 21209 Page 322 of 409 - 1 - RIDGEPORT, INC. UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS AND STOCKHOLDERS IN LIEU OF 2025 ANNUAL MEETING The undersigned, being all of the members of the Board of Directors and all of the stockholders of RIDGEPORT, INC., a Maryland corporation (the “Corporation”), pursuant to Sections 2-408(c) and 2-505 of the Maryland General Corporation Law, hereby unanimously consent to and take the following action: RESOLVED, that the following persons be and they are hereby elected Directors of the Corporation to serve until the next Annual Meeting and until their successors are duly elected and qualify: John A. Luetkemeyer, Jr. J. Mark Schapiro RESOLVED FURTHER, that the following persons be and they are hereby elected officers of the Corporation to serve until their successors are duly elected and qualify: President - John A. Luetkemeyer, Jr. Vice President - J. Mark Schapiro Vice President - J.M. Schapiro Vice President - Crystal R. Frey Vice President - Lauren Wayne Vice President - Stephanie L. Shack Vice President - Haley Gallagher (aka Haley Donato) Docusign Envelope ID: 87809512-E696-4FEB-82B9-AB51DBFEF064 Page 323 of 409 - 2 - Vice President - Steve Roenick Secretary - J. Mark Schapiro Treasurer - John A. Luetkemeyer, Jr. Assistant Secretary - Lauren Wayne RESOLVED FURTHER, that all acts of the officers and directors of the Corporation prior to the date hereof be and they are hereby ratified and confirmed. This Consent shall be filed among the minutes of the proceedings of the Board of Directors and Stockholders of the Corporation. DATED: MARCH 1, 2025 STOCKHOLDERS: ___________________________________ John A. Luetkemeyer, Jr. ___________________________________ J. Mark Schapiro DIRECTORS: ___________________________________ John A. Luetkemeyer, Jr. ___________________________________ J. Mark Schapiro Docusign Envelope ID: 87809512-E696-4FEB-82B9-AB51DBFEF064 Page 324 of 409 Page 325 of 409 Page 326 of 409 Folio Number: 00240440006 Name: RIDGEPORT LIMITED PARTNERSHIP Street# & Name: 5307 AIRPORT RD N Build# / Unit#: 003 / 0 Legal Description: 11 49 25 COMM SE CNR SEC 11, S 89 DEG W 1323.65FT, N 67.51FT, N 89 DEG E 424.23FT TO POB, N 01 DEG E 1110.76FT, 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. Page 327 of 409 SPROUTS NAPLES 5351 AIRPORT PULLING RD, NAPLES FL 34109 742 3-10-25 X JC 01 02 07 03 08 04 09 05 10 06 KAREN 12801 Commodity Place Tampa, Florida 33626 Phone: 813-818-7100 Fax: 813-749-2311 www.creativesigndesigns.com Account Manager: Quote: Project Manager / Project Leader Designer:Date: SITE ADDRESS PROJECT: This Drawing and all reproductions thereof are the property of Creative Sign Designs and may not be reproduced, published, changed or used in any way without written consent Sheet: No. Date Description Revision: 3 3 of 8 SIGN 1 PINE RIDGE ROAD (C-896)AIRPORT PULLING ROAD (SR-31) AREA KEY PLAN2NTS1SIGNAGE SITE PLAN NTS ILLUMINATED CHANNEL LETTERS, FLUSH MOUNTED1 2 3 4 EAST DESIGN SIGN STATUS - WALL SIGNS 193.7 SQ.FT 382 SQ.FT Page 328 of 409 Page 329 of 409 Page 330 of 409 Page 331 of 409 Page 332 of 409 Page 333 of 409 Page 334 of 409 Page 335 of 409 Page 336 of 409 Page 337 of 409 Page 338 of 409 Page 339 of 409 Page 340 of 409 Page 341 of 409 Page 342 of 409 Page 343 of 409 Page 344 of 409 Page 345 of 409 Page 346 of 409 Page 347 of 409 Page 348 of 409 Page 349 of 409 Page 350 of 409 Page 351 of 409 Page 352 of 409 Page 353 of 409 Page 354 of 409 11/13/2025 Item # 3.F ID# 2025-4506 PETITION NO. PL20250008001-ADA- 2323 Pine Street - Appeal by Strons, Inc. of the Administrative Approval of Pine Ridge Car Wash Site Development Plan PL20230001721, citing failure to comply with site design standards required by Land Development Code. The subject property is located at the southeast corner of Pine Street and Tamiami Trail East, also identified as 2323 Pine Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida.[Coordinator: Michael Bosi, Division Director] Commissioner District 4 ATTACHMENTS: 1. staff-report-pinestreet-appeal-10-17-25 2. Exhibit-A 3. Exhibit-B-Arch 4. Exhibit-C-pine-street-appeal-application 5. Exhibit-D-pine-street-basis-appeal 6. Exhibit-E-PL20250008001 - Memorandum of Law in Opposition to Appeal 7. Exhibit-F-SDP-Approval-letter 8. Exhibit-G-Revised-SDP-6-16-25 9. Exhibit-H-Notice of Appearance and Designation of E-mail Addresses 10. Ad Request 11. Johnson-Materials Page 355 of 409 1 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: COLLIER COUNTY GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT- ZONING DIVISION HEARING DATE: NOVEMBER 13, 2025 SUBJECT: PINE STREET CARWASH SDP APPROVAL ADMINISTRATIVE APPEAL - PL20225008001- ADA PARTIES: Strons Inc Agent: Ronald A.Fowle 2595 E Tamiami Trail 2595 E Tamiami Trail Naples, FL 34112 Naples, FL 34112 East Trail Management LLC Agent: Noel Davies, Esq. 2733 Tiburon Blvd. Davies Duke, PLLC Naples, FL 34109 1415 Panther Lane, Suite 442 Naples, FL 34109 REQUESTED ACTION: An appeal filed by Strons Inc. of the Administrative Approvals of Site Development Plan (SDP) PL202300034112 (Attachment “A”) for the Pine Street Carwash. JURISDICTION: The Hearing Examiner has the authority to hear this Appeal under Land Development Code (LDC) Section 8.10.00 and Ordinance No. 2013-25, as amended. GEOGRAPHIC LOCATION: The proposed Pine Street Carwash is located on Parcel #76211080005 at 2323 Pine Street, Naples, FL 34112 (See location map below). Page 356 of 409 2 CONSIDERATIONS: On May 21, 2025, the County approved the Site Development Plan for the Pine Street Carwash. However, on June 16, 2025, the County accepted a revision to the approved SDP, extending the approval date. On July 11, 2025, the County received an application appealing the approval of the Pine Street Carwash SDP, within the 30-day window required for an appeal of an administrative decision, per Section 250-58 of the Collier County Code of Ordinances. The property at 2323 Pine Street is Zoned C-4-GTZO-MXD (see following page). A carwash is permitted use #29 within the C-4 zoning district. Collier County Land Development Code Section 2.03.07.N.3.b states: “Property owners may establish uses, densities, and intensities in accordance with the existing LDC regulations of the underlying zoning classification or may elect to develop/redevelop under the provisions of the applicable GTZO Subdistrict. In either instance, the GTZO site development standards as provided for in LDC section 4.02.16 shall apply.” Page 357 of 409 3 Based on this section of the LDC, the zoning allows the location to seek a carwash as a permitted use. The appeal is based upon the approved SDP not satisfying the site design requirements of LDC sections 4.02.16, 4.05.08, and 4.06.05. Below is the basis of the appeal of the approved SDP. LDC Section 4.02.16.D.3.b. Frontage: The primary entrance for any building must be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street or square. This requirement shall not apply to mobile homes or to buildings that are interior to a site that has other buildings that meet this provision. Appellant assessment: The primary entrance to the office, as well as the main entrance to the car wash funnel, will face south and not be oriented to the street as required. It is important to highlight that these two entrances will account for ALL customer/vehicle access. The location of the entry doors does not meet the code requirement. County assessment: From a review of the proposed SDP, the facility provides a front door for customers and the exit of the carwash tunnel facing US41, as shown in the rendering provided in the SDP (on the following page). Page 358 of 409 4 From the above architectural renderings, Exhibit “B”, the building is oriented to face US41 as its primary façade. The appellant indicates that code is not being met due to the entrance of the carwash being provided for within the rear of the building. Staff is of the opinion that the building has been designed to provide for its primary façade to face US41 and the fact that the cars will queue in line to enter the carwash tunnel at the rear of the property is an arrangement preferred by the Code (having the queuing of vehicles away from the right-of-way). Further, with doors for both autos and people facing US41, while functionally not the front of the building, the design provides for the façade to face the Right-of-Way (R-O-W), which is further confirmed by the north and west primary façade illustrations of the architectural renderings (provided below). Additionally, per the renderings, the South façade, which is to the rear of the building, has been designed as a secondary façade, as shown below. Page 359 of 409 5 The primary facades for the structure are oriented to the US41 and Pine Street R-O-W and provide for the visual aesthetics to be prominent to the traveling public, while the function of the facility has the cars enter the carwash in the rear of the building. The façade facing US41 provides for the appearance of two entry doors for customers and autos. Staff is of the opinion that the intent of the Code is satisfied with the approved arrangement. LDC Section 4.02.16.D.8.c.i. The first floor building facade shall be located between the minimum and maximum front setback line (if provided) as provided in LDC section 4.02.16.A.a.ii, for a minimum of 50 percent of the lot width. Appellant assessment: BGTCRA Figure 17 notes that the corner parcel has two front yards. The setback line needs to be a minimum of 6.5 feet and a maximum front setback of 56 feet between the north and west sides of the property. The west side setback is 68.31 feet, which exceeds the maximum setback. County assessment: Code section not applicable - 4.02.16.B.1.a.ii – Table 7, which addresses setbacks for properties zoned GTZO-MXD (provided below), does not provide for a maximum front yard setback for properties outside of the Mini-Triangle Area; therefore, the code could not be applied. Page 360 of 409 6 6 Development in the Mini-Triangle Area of the GTZO-MXD subdistrict shall have a maximum setback of 20 feet. LDC Section 4.02.16 D 8 b. Yards: The commercial building has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining. Appellant assessment: The primary yard and the yard to the south are approximately 5731 square feet, and the west side of the building is approximately 10540 square feet. This makes the primary yard in the front of the building instead of as required in the rear of the structure. County Assessment: The property with two street frontages, per code, has two front yards and two side yards. The code section states that the primary yard is located to the rear of the structure, with the potential for a plaza or a courtyard, but does not specify dimensional requirements for the primary yard as asserted by the applicant. As provided in the associated SDP, the rear of the structure is the stacking area for vehicles entering the carwash tube and is not an appropriate area for a courtyard, public space, or dining. Staff recognizes this section of code as not applicable to the permitted use of a car wash due to the limitations on space and required functionality of the site plan arrangement. LDC Section 4.05.08 - Bicycle Parking Requirement 4.05.08.c.2 Each parking space shall have a minimum of three (3) feet of clearance on all sides of the bike rack. Appellant assessment: The bicycle space currently measures only 2 feet in width for both spots, whereas the code requires a total of 6-feet for the two designated areas. County Assessment: The bike rack's current location, west of the pedestrian entry door on the north primary façade, does not meet the code required of 3 feet of clearance on all sides. LDC Section 4.02.16 F.5.b.ii On Site: Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways. Appellant assessment: Bicycle parking is located approximately 80 feet from the main building entrance and is placed in front of an entry doorway and walkway, violating the above code. Page 361 of 409 7 County Assessment: As noted within this Staff Report, the architectural renderings show the primary façades facing US41 and Pine Street R-O-Ws, and further review of the SDP shows the bike parking location near the doors on the primary façade facing US 41; therefore, it is Staff’s opinion that the bike rack is within the required 50 feet. As shown below. LDC Section 4.06.05 C. Minimum width of planting beds shall be 5 feet Appellant assessment: The west side Foundation Planting beds do not meet the 5 Minimum. County Assessment: LDC Section 4.02.16.E.4 – states, “Building Foundation Planting: Building foundation plantings shall be required per LDC section 4.06.05, except as follows. The building shall provide the equivalent of 10 percent of its gross ground level floor area, in building foundation planting area. A continuous building foundation planting width is not required per LDC section 4.06.05. However, the foundation plantings shall be located within 25 feet of the building edge in the form of landscaped courtyards and seating area landscaping.” The proposed one story building is 2,690 sq. ft., which, per the LDC section 4.02.16.E.4, requires 269 sq. ft. of building foundation planting, with LDC Section 4.06.05.C.5 allowing, “A maximum of 50 percent of the required foundation planting may be located in perimeter buffers”, equating to 135 sq. ft. required around the actual building foundation. Also, per LDC Section 4.02.16.E.4, a continuous building foundation planting width is not required. The SDP provides that 221 sq. ft is provided around the foundation perimeter of the building. Since the GTZO site design standards in LDC Section 4.02.16.E.4 do not require a continuous building foundation planting width, it is the Zoning Director's opinion that the 5-foot minimum width in Table 4.06.05.C of the LDC does not apply. The excess foundation plantings and perimeter landscape buffers (shown below) satisfy the code requirements. Page 362 of 409 8 STAFF RECOMMENDATION: Staff recommend that the Collier County Hearing Examiner approve the appeal and require the SDP to be amended to provide the required 3-foot clearance for the bike rack on the northern primary façade. Page 363 of 409 Page 364 of 409 Page 365 of 409 Page 366 of 409 Page 367 of 409 Page 368 of 409 Page 369 of 409 Page 370 of 409 Page 371 of 409 Page 372 of 409 Page 373 of 409 Appeal of Administrative Decision (ADA) 4/09/24 Page 1 of 2 Operation & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountyfl.gov/ Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Code of Laws and Ordinances Sec. 250-58. Appeal from decision of administrative official. (a)Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, department, board, or bureau of the governing body or bodies in the area affected by the decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. Due public notice of the hearing on the appeal shall be given. Upon the hearing, any party may appear in person or by attorney. A decision shall be reached by the appellate body within 30 days of the hearing; otherwise, the action appealed from shall be deemed affirmed. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. In accordance with Resolution No. 2007-160, the fee for the application and processing of an appeal is $1,000.00 and shall be paid by the applicant at the time the request is submitted. The Board of Zoning Appeals shall hold an advertised public hearing on the appeal and shall consider the administrative decision and any public testimony in light of the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. The Board of Zoning Appeals shall adopt the County official's administrative decision, with or without modifications or conditions, or reject the administrative decision. The Board of Zoning Appeals shall not be authorized to modify or reject the County official's administrative decision unless such Board finds that the decision is not supported by substantial competent evidence or that the decision is contrary to the growth management plan, the future land use map, the Land Development Code or the official zoning atlas. APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL (ADA) COL Section 250-58 Page 374 of 409 Appeal of Administrative Decision (ADA) 4/09/24 Page 2 of 2 Requests for Appeal of Administrative Decision should be addressed to: Collier County Growth Management Community Development Department Operation & Regulatory Management and Planning Divisions 2800 North Horseshoe Drive, Naples, Florida 34104 NAME OF OWNER ADDRESS CITY STATE ZIP TELEPHONE: CELL: E-MAIL ADDRESS NAME OF AGENT/APPLICANT FIRM ADDRESS CITY STATE ZIP TELEPHONE: CELL: E-MAIL ADDRESS Appeal of Application No. AR/PL- (Please reference the application number that is being appealed) Attach a statement for the basis of the appeal including any pertinent information, exhibits and other backup information in support of the appeal. Application Fee: $1,000.00 (Make check payable to the Board of County Commissioners.) APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL (ADA) COL Section 250-58 APPLICANT INFORMATION REQUEST DETAIL Page 375 of 409 4.02.16.D.3.b. Frontage: The primary entrance for any bu ilding must be oriented to the street. Orientation isachievedbythe provision of a front facade includin g an entrydoor thatfaces the street or square. This requ irement shall not apply to mobile homes or to bu ildings that are interior to a site that has other buildings that meet this provision. The primary enfance to the office as well as the main enbance forthe carwash trnnel will be facing south and not oriented to the sbeet as required. lt is important to highlight that these two entrances will accou nt for ALL customer/vehicle access. The location of the entry doors does not meet the code requirement. 4.02.16.D.8.c.i. The first floor bu ilding facade shall be located between lhe min imu m and maximum front setback line (if provided) as provided in LDC section 4.02.16.A.a.ii. for a min imu m of 50 percent of lot width. BGTCRA Figure 17 notes thathe comer parcel has two front yards. The setback line needs to be a minimum of 6.5 feet and a maximum front setback of 56 feet between the north and west sides of the property. The west side setback is 68.31 feet which exceeds the maximum setback. io r I Proprrty Unc - io L._o J._ ttrrd Q rronr vara Qsrtv:,a Q *,. r,,0 BGTCRA Figure 17 Commercial Building Yard Diagram (For illustrative purposes only Building fx.dG Building Facadc \itli/ Exhibits Page 376 of 409 4.02.16 D I b. Yards: The commercial building has a primary yard located to the rear of the structure with the potential for a small front plaza or cou rtyard to provide public space or outdoor dining. The primary yard and the yard to the south are approximately 5731 square feet and the west side of the building is approximately 10540 square feet. This makes the primary yard in the front of the building instead as required in he rear of the structure. 4.05.08 - Bicycle Parking Requiremenb 4.05.08.c.2 Each parking space shall have a minimum of th ree (3) feet of clearanee on all sides of the bike rack. The bicycle space currently measures only 2 feet in width for both spots, whereas the code requires a total of 6feet for the two desigrrated areas. 4.02.16 F.s.b.ii On Site: Bicycle parking (not located within a parking structu re) shall be located on site within 50 feet of main building enbances. Bicycle parking shall not obstru ct walkways. Bicycle parking is located approximately 80 feet from the main building entrance and is placed in front on an entry doonray and walkway violating the above code. 4.06.05 C. Minimum width of planling beds shall be 5 feet The west side Foundation Planting beds do not meet the 5 Minimum Page 377 of 409 1415 Panter Lane, Suite 442, Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@daviesduke.com www.DaviesDuke.com Offices: Naples, Bonita Springs September 3, 2025 VIA EMAIL ONLY Michael Bosi Collier County Zoning Director 2800 Horseshoe Drive North Naples, FL 34104 Michael.Bosi@colliercountyfl.gov PL20250008001 – MEMORANDUM OF LAW IN OPPOSITION TO APPEAL OF ADMINISTRATIVE DECISION I. Introduction This Firm represents East Trail Management, LLC (the “Owner”) and hereby submits this Memorandum of Law to the Collier County Hearing Examiner (the “HEX”) in opposition to an appeal of the approval of the site development plan issued by Collier County for the proposed Pine Street Car Wash (the “Project”). II. Factual Background The Owner is the fee simple title holder of real property identified as Folio ID# 76211080005 (the “Property”). On July 12, 2024, the Owner submitted a site development plan application to construct the Project on the Property, to consist of a car wash, car vacuuming stations and an office building. On May 21, 2025, Collier County issued a final site development plans approval for the Project (the “SDP Approval”). On July 14, 2025, Strons, Inc. (“Strons”), filed an appeal of the SDP Approval (the “Appeal”), claiming that the SDP Approval failed to comply with six (6) provisions of the Collier County Land Development Code (the “LDC”). III. Legal Argument A. The Appeal was Not Timely Filed. The Appeal should be dismissed because it was untimely filed. As set forth hereinabove, the SDP Approval was issued on May 21, 2025. Furthermore, all plans submitted in conjunction with the Project were stamped by Collier County Staff on May 21, 2025. Given that the SDP Approval is a decision of an administrative official pursuant to the Collier County Code of Ordinances (the “Code”) and the LDC, all appeals of the SDP Approval are governed by Code Section 250-58, which states, in pertinent part, the following: “Appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved or by any officer, Page 378 of 409 Page 2 of 5 department, board, or bureau of the governing body or bodies in the area affected by the administrative decision, determination or requirement made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof.” (Emphasis added). Thus, the latest date that an appeal of the SDP Approval may have been filed was June 20, 2025. However, Strons did not file its appeal with Collier County Staff until July 14, 2025, twenty-four (24) days after the deadline for filing an appeal had passed. Accordingly, because Strons did not file its appeal within the thirty (30) day time period prescribed by Code Section 250-58, the Appeal is untimely and must be dismissed. B. Assuming the Appeal was Timely Filed, the Scope of the Appeal Should be Limited to the Elements of the Landscape Plans Revised Subsequent to the Issuance of the SDP Approval. Notwithstanding the foregoing, if the HEX determines that the Appeal was in fact timely, the scope of the Appeal should be limited to the Owner’s landscape plans. Subsequent to the issuance of the SDP Approval, and upon the recommendation of Collier County Staff, the Owner made slight modifications to its landscape plans, the revised versions of which were finalized on June 16, 2025. Despite these modifications, the finalized plans still include the Collier County stamp dated May 21, 2025, and are considered by Collier County Staff as approved on May 21, 2025. However, assuming that the approval date of the landscape plans was revised by the modifications requested by Collier County Staff, the scope of the Appeal would be limited to the elements of the landscape plans that were revised after May 21, 2025. All portions of the plans that were not revised by the modifications were approved by Collier County on May 21, 2025, and so an appeal of such provisions would have had to have been filed by June 20, 2025. As such, the scope of the Appeal cannot include the unchanged provisions of the plans because Strons did not file a timely appeal with respect to those provisions. Therefore, if the HEX determines the Appeal was timely filed, the scope of the Appeal must be limited only to the elements of the landscape plans that were revised subsequent to the issuance of the SDP Approval. C. All of Strons’s Arguments Against the SDP Approval Are Baseless and Without Merit and Should Therefore be Dismissed. Should the HEX determine that there are no timing or scope issues with respect to the filing of the Appeal, the HEX should nevertheless deny the Appeal because the arguments set forth therein are baseless and without merit. 1. The Primary Entrance to the Office Building Fronts Tamiami Trail East. Strons’s first argument against the SDP Approval is that it does not comply with LDC Section 4.02.16D. 3.b. In support thereof, Strons stated: “The primary entrance to the office as well as the main entrance for the car wash tunnel will be facing south and not oriented to the street as required. It is important to highlight that these two Page 379 of 409 Page 3 of 5 entrances will account for ALL customer/vehicle access. The location of the entry doors does not meet the code requirement.” LDC Section 4.02.16D. 3.b provides as follows: “Frontage: The primary entrance for any building must be oriented to the street. Orientation is achieved by the provision of a front façade including an entry door that faces the street or square. This requirement shall not apply to mobile homes or to buildings that are interior to a site that has other buildings that meet this provision.” The primary entrance to the Project is oriented towards Tamiami Trail East and consists of a double glass entry door facing the street, as depicted on the approved Project renderings. Furthermore, Collier County Staff and the Owner’s engineer, who are experts with respect to the LDC, confirmed that the primary entrance is in conformity with all applicable provisions of the LDC, including, but not limited to, Section 4.02.16D. 3.b. Accordingly, Strons’s first argument warrants dismissal because it is baseless and without merit. 2. The GTZO-MXD Zoning District Does Not Impose a Maximum Front Setback Line. Strons’s second argument against the SDP Approval is that it does not comply with LDC Section 4.02.16D.8.c.i. In support thereof, Strons stated: “BGTCRA Figure 17 notes that the corner parcel has two front yards. The setback line needs to be a minimum of 6.5 feet and a maximum front setback of 56 feet between the north and west sides of the property. The west side setback is 68.31 feet which exceeds the maximum setback. LDC Section 4.02.16D.8.c.i provides as follows: “Street Façades: The first floor of all commercial buildings shall be designed to encourage and complement pedestrian-style interest and activity through the following elements: i. The first floor building facade shall be located between the minimum and maximum front setback line (if provided) as provided in LDC section 4.02.16 A.1.a.ii. for a minimum of 50 percent of lot width.” The Property is zoned C-4-GTZO-MXD. The provisions of LDC Section 4.02.16 A.1.a.ii applicable to the GTZO-MXD zoning subdistrict do not impose a maximum front setback line upon the entire zoning subdistrict. While the LDC does limit the maximum front setback line in the Mini-Triangle Area of the GTZO-MXD zoning subdistrict, Collier County Staff confirmed that the Property is not located therein and is therefore not subject to the maximum front setback line restriction. Thus, LDC Section 4.02.16D.8.c.i only requires the first-floor building façade for the Project to be at least fifty percent (50%) of the lot width of the Property. As depicted on the approved plans, and as confirmed by Collier County Staff and the Owner’s engineer, who are experts with respect to the LDC, the building on the Property complies with this requirement. Accordingly, Strons’s second argument warrants dismissal because it is baseless and without merit. Page 380 of 409 Page 4 of 5 3. Collier County Staff Has Discretion in Determining Where the “Primary Yard” is Located. Strons’s third argument against the SDP Approval is that it does not comply with LDC Section 4.02.16D.8.b. In support thereof, Strons stated: “The primary yard and the yard to the south are approximately 5731 square feet and the west side of the building is approximately 10540 square feet. This makes the primary yard in the front of the building instead as required in the rear of the structure. LDC Section 4.02.16D.8.b. reads as follows: “Yards: The commercial building has a primary yard located to the rear of the structure with the potential for a small front plaza or courtyard to provide public space or outdoor dining.” Notably, the term “primary yard” is not defined in the LDC. Due to the ambiguity, Collier County Staff has the discretion to determine which yard constitutes the “primary yard” with respect to a particular project. In their review of the Project, Collier County Staff and the Owner’s engineer, who are experts with respect to the LDC, determined that the yard sizes proposed by the Project comply with all applicable requirements of the LDC, including, but not limited to, Section 4.02.16D.8.b. Accordingly, Strons’s third argument warrants dismissal because it is baseless and without merit. 4. The Bicycle Parking Spaces Comply With the LDC. Strons’s fourth argument against the SDP Approval is that it does not comply with LDC Section 4.05.08.C.2. In support thereof, Strons stated: “The bicycle space currently measures only 2 feet in width for both spots, whereas the code requires a total of 6feet for the two designated areas.” LDC Section 4.05.08.C.2 reads as follows: “Each parking space shall have a minimum of three (3) feet of clearance on all sides of the bike rack.” Per the approved plans, the bicycle parking spaces on the Property comply with all applicable provisions of the LDC, including Section 4.05.08.C.2. The bicycle parking spaces were reviewed by Collier County Staff and the Owner’s engineer, who are experts with respect to the LDC, both of whom determined that the subject parking spaces satisfied the applicable LDC requirements. Accordingly, Strons’s fourth argument warrants dismissal because it is baseless and without merit. 5. The Project’s Bicycle Parking Spaces are Located Within Fifty (50) Feet of a Main Entrance to the Structure and Do Not Obstruct Access to the Structure. Strons’s fifth argument against the SDP Approval is that it does not comply with LDC Section 4.02.16 F.5.b.ii. In support thereof, Strons stated: “Bicycle parking is located approximately 80 feet from the main building entrance and is placed in front on an entry doorway and walkway violating the above code.” Page 381 of 409 Page 5 of 5 LDC Section 4.02.16 F.5.b.ii reads as follows: “On Site: Bicycle parking (not located within a parking structure) shall be located on site within 50 feet of main building entrances. Bicycle parking shall not obstruct walkways.” The Project’s bicycle parking complies with LDC. First, the bicycle parking spaces are located within fifty (50) feet of the primary entrance that fronts Tamiami Trail East. Second, the bicycle parking spaces do not obstruct the entrance to the office building. Both Collier County Staff and the Owner’s engineer, who are experts with respect to the LDC, confirmed that the Project satisfies LDC Section 4.02.16 F.5.b.ii. Accordingly, Strons’s fifth argument warrants dismissal because it is baseless and without merit. 6. All Planting Beds on the Property Comply with the Applicable Spacing Requirements in the LDC. Strons’s sixth argument against the SDP Approval is that it does not comply with LDC Section 4.06.05 C. In support thereof, Strons stated: “The west side Foundation Planting beds do not meet the 5 [sic] Minimum” LDC Table 4.06.05 C. provides that, for buildings with a footprint under 10,000 square feet, the “minimum width of planting beds shall be 5 feet.” Both Collier County Staff and the Owner’s engineer, who are experts with respect to the LDC, reviewed the Owner’s plans and confirmed that all proposed planting beds on the Property comply with the spacing requirements of LDC Section 4.06.05 C. Accordingly, Strons’s sixth argument warrants dismissal because it is baseless and without merit. IV. Conclusion For the reasons set forth hereinabove, the Owner respectfully requests that the HEX dismiss the Appeal. Sincerely, Noel J. Davies, Esq. DAVIES DUKE, PLLC Page 382 of 409 May 21, 2025 Dan Griffiths 3606 Enterprise Avenue, Suite 350 Naples, FL 34104 Re: Final Site Development Plans Approval Pine Street Car Wash (SDP) Project Number: PL20230001721 Dear Applicant: THIS IS YOUR PERMIT AND MUST BE POSTED ONSITE! This office has reviewed the Final Site Development Plan for the referenced project and has no objection to the construction of water, sewer, paving, and drainage aspects of the project subject to the following stipulations: By receipt and acceptance of this approval, the petitioner acknowledges that a pre- construction meeting is required by code for this project.If the pre-construction meeting is not held prior to the beginning of construction, the project will be cited and shut down until the required meeting is held. Even with an Early Work Authorization a pre-construction meeting is required. General Conditions CHANGES IN USE AND/OR DESIGN OF THESE SITE AND ARCHITECTURAL PLANS ARE NOT AUTHORIZED WITHOUT WRITTEN APPROVAL BY THE COUNTY. CHANGES SHALL REQUIRE RE REVIEW IN ACCORDANCE WITH ALL CURRENT COUNTY CODES INCLUDING PARKING FACILITIES, UTILITIES, TRANSPORTATION, ENVIRONMENTAL REQUIREMENTS AND THE LIKE. A preliminary inspection and approval of the infrastructure for multi-family residential must be done by Engineer Inspections prior to any Certificate of Occupancy being granted. Permits from other agencies having jurisdiction over this project shall be obtained prior to start of construction. Please call Mr. David Crane at (239) 252-6820 to schedule a pre construction meeting a minimum of 48 hours prior to start of construction. This Final Site Development Plan is approved due to the issuance of a Certificate of Public Facility Adequacy # COA 25-0052 with respect to Collier County Ordinance 93-82. All construction activities permitted by this letter shall only occur during the following times: 6:30 A.M. to 7:00 P.M., Monday through Saturday; no work is permitted on Sundays and the following holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Day. The review and approval of these improvement plans does not authorize the construction of required improvements, which are inconsistent with easement of record. Upon completion of the infrastructure improvements associated with a site development plan and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improvements, together with all applicable items referenced in Page 383 of 409 Section 10.02.05 of this code including electronic disk. Upon a satisfactory inspection of the improvements, a certificate of occupancy may then be issued. Zoning Conditions SIGNAGE RESTRICTIONS: Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions or color depicted on the site and/or architectural plans approved by this letter. All PUD related stipulations shall apply to this project. Utility Conditions See attached Exhibit "A" Written confirmation from that the water/sewer facilities have been accepted and placed in service must be provided prior to issuance of a Certificate of Occupancy. APPROVAL OF THESE PLANS DOES NOT CONSTITUTE APPROVAL OF THE METER SIZE. SIZING OF THE METER SHALL BE DONE WITH THE APPROVAL OF PUBLIC UTILITIES ENGINEERING DIRECTOR OR HIS DESIGNEE, BASED ON DOCUMENTATION RECEIVED FROM THE ENGINEERING OF RECORD. THE METER DETAIL SHALL BE SUBMITTED TO ENGINEERING REVIEW SERVICE FOR APPROVAL PRIOR TO INSTALLATION . No water or sewer utility construction shall commence until proper DEP permits have been obtained. Subdivision Conditions All work shall be in accordance with applicable Collier County ordinances and rules and regulations of other entities having jurisdiction over the project. Environmental Conditions Site clearing is conditioned to the stipulations contained on the approved plans. Required permits for listed species relocation must be provided to staff at the pre-construction meeting. Silt fencing must be installed prior to any mechanical clearing. Exotic vegetation must be removed prior to preliminary acceptance as required on the approved plans. Water Management Conditions All work shall be in accordance with applicable State or Federal rules and regulations. Work area shall be properly barricaded with hay bales and/or silt screens during the entire time of construction, to prevent any siltation during construction. Separate excavation permit must be obtained. The engineer of record, prior to issuance of a Certificate of Occupancy, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. This project shall be permitted by SFWMD. Page 384 of 409 Whether or not this project was permitted by SFWMD, dewatering shall not occur without a dewatering permit from the South Florida Water Management District. Addressing Conditions Pursuant to Ordinance No. 07-62, no proposed subdivision, street, building, condominium or development may utilize the same name or a similar sounding name as any existing subdivision, street, building, condominium or development, except that the major street within a subdivision may utilize the name of the subdivision. Any changes to the project name shall be reviewed and approved by Growth Management Department/Planning and Regulation Addressing Section. Landscaping Conditions At the time of Preliminary Acceptance, the Landscape Architect shall certify that the landscaping has been installed in substantial accordance with the approved plans and specifications. The certification shall be in a form approved by the County Manager or his designee. Fire Protection Conditions Please note that prior to the accumulation of combustible building materials on site, proposed fire hydrants must be operable with the minimum required fire flows and improved stabilized emergency apparatus access ways (min. 20' wide) must be available to within 100' of the structures. No fire appliances shall be obstructed, visually or functionally, by vegetation. Additional Stipulations Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. Per Ordinance 2021-48, onsite processing of construction demolition debris and crushing of inert waste materials from an off-site location is prohibited unless allowed in a previously approved conditional use or Board of County Commissioners approved development order. Development Review - A copy of the SFWMD permit or Exemption is required at the pre-construction meeting. Development Review - A Right-of Way permit is required for work in the County ROW; applicant must provide a ROW permit number(s) for proposed connection and modifications to Pine Street. Development Review - A pre-construction meeting is required prior to construction of water and/or sewer improvements. Contact David Crane at (239) 252-6820 or David.Crane@colliercountyfl.gov. All inspections of water and/or sewer improvements shall be requested at least 48 hours ahead of time. Contact Lucia Martin at (239) 252-2279, Lucia.Martin@colliercountyfl.gov Development Review - This approval does not constitute approval by City of Naples Utilities. A letter of approval from City of Naples Utilities must be submitted prior to scheduling the pre-construction meeting. Transportation Planning 05/12/2025 Informational Comment: COUNTY ROW PERMIT - County ROW permit is required for any construction/maintenance work proposed within any County public roadway ROW. For the purpose of establishing County ROW permit fees for existing access upgrades, the project is considered a small development (less than 600 new vehicle trips per day). Transportation Planning 08/26/2024 Stipulation: FDOT WORK PERMIT requited for landscape butter Page 385 of 409 slope tie into existing sidewalk along Tamiami Trail E., please contact: FDOT Work Permits Coordinator, Randy Weng, 239-985-7810, Randy.Weng@dot.state.fl.us Transportation Planning 05/12/2025 Informational Comment: APPROVED TRANSPORTATION DEVIATION REQUEST for driveway design (width, radii, and throat length) and left turn lane waiver along with ROW reservation in lieu of conveyance, 05/06/2025. Transportation Planning 05/12/2025 Informational Comment: TIS titled Traffic Impact Statement Fifth Avenue Car Wash SDP (Site Development Plan) PL #20230001721 , dated 01/09/2025, is approved as the basis for transportation concurrency (adequacy of roadway capacity) and for trip banking (reservation of road capacity) for 1-Tunnel Automated Car Wash. PURSUANT TO HB 503, PLEASE COMPLETE THE ATTACHED AFFIDAVIT OF COMPLIANCE AND PROVIDE TO CLIENT SERVICES STAFF (252-2400). INCLUDE THE BALANCE OF ANY OUTSTANDING INSPECTION FEES TOGETHER WITH ANY REQUIRED STATE OR FEDERAL PERMITS. UPON PROCESSING THE AFFIDAVIT OF COMPLIANCE, A PRE-CONSTRUCTION MEETING MAY BE SCHEDULED. Be advised that this approval automatically expires in thirty-six (36) months pursuant to Collier County Land Development Code Section 10.02.03.H.2.The expiration date is May 21, 2028. Please call if you have any questions or need any additional information. Sincerely, Development Review Division Growth Management Community Development Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Page 386 of 409 Page 387 of 409 1 COLLIER COUNTY GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT OPERATION & REGULATORY MANAGEMENT AND PLANNING DIVISION APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL STRONS INC. and RONALD FOWLE, JR., Applicants. Appeal of Application No. PL20230001721 ____________________________________/ NOTICE OF APPEARANCE AND DESIGNATION OF E-MAIL ADDRESSES ON BEHALF OF APPLICANTS, STRONS INC. AND RONALD FOWLE, JR. PLEASE TAKE NOTICE that the undersigned attorneys, Henry Paul Johnson, Esq. and Jeffrey D. Sam, Esq. and the law firm of Henry Johnson Law, hereby file this Notice of Appearance and Designation of Email Addresses on behalf of Applicants, STRONS INC. and RONALD FOWLE, JR., in the above-captioned Appeal of Administrative Decision of Administrative Official. Counsel hereby designates the following e-mail addresses: Primary E-mail: service@henryjohnsonlaw.com Secondary E-mail: hjohnson@henryjohnsonlaw.com Secondary E-mail: jsam@henryjohnsonlaw.com Accordingly, please provide the undersigned with all future notices, pleadings, motions and other papers filed in this matter to the above designated e-mail addresses. HENRY JOHNSON LAW 6640 Willow Park Drive, Suite A Naples, Florida 34109 Telephone: (239) 591-0133 Facsimile: (239) 591-0787 Primary e-mail: hjohnson@henryjohnsonlaw.com Secondary e-mail: jsam@henryjohnsonlaw.com /s/ Henry Paul Johnson, Esq. HENRY PAUL JOHNSON, ESQ. Florida Bar No. 372242 /s/ Jeffrey D. Sam, Esq. JEFFREY D. SAM, ESQ. Florida Bar No. 42113 Page 388 of 409 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., November 13, 2025, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. ADA-PL20250008001 - APPEAL BY STRONS, INC. OF THE ADMINISTRATIVE APPROVAL OF PINE RIDGE CAR WASH SITE DEVELOPMENT PLAN PL20230001721 CITING FAILURE TO COMPLY WITH SITE DESIGN STANDARDS REQUIRED BY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF PINE STREET AND TAMIAMI TRAIL EAST ALSO IDENTIFIED AS 2323 PINE STREET IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 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 389 of 409 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 advise d 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.collier.gov/Calendar-Events-directory 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@collier.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 390 of 409 1 COLLIER COUNTY GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT OPERATION & REGULATORY MANAGEMENT AND PLANNING DIVISION APPEAL OF ADMINISTRATIVE DECISION OF ADMINISTRATIVE OFFICIAL STRONS INC. and RONALD FOWLE, JR., Applicants. Appeal of Application No. PL20230001721 ____________________________________/ MEMORANDUM IN SUPPORT OF APPLICANTS, STRONS INC. AND RONALD FOWLE, JR.’S APPEAL OF ADMINISTRATIVE DECISION Applicants, STRONS INC. and RONALD FOWLE, JR. (hereinafter collectively referred to as “FOWLE”), by and through their undersigned counsel, hereby file their Memorandum in Support of Applicants, STRONS INC. and RONALD FOWLE, JR., Appeal of Administrative Decision and relative thereto state the following: SUMMARY OF ARGUMENT Applicants appeal the approval of East Trail Management, LLC’s Site Development Plan (“SDP”) for Project Name Fifth Avenue Express Car Wash n/k/a Pine Street Car Wash based upon its failure to adhere to certain provisions of the Collier County Land Development Code (“LDC”). Specifically, the SDP fails to adhere to the following provisions: 1. Violation of Section 5.05.08(D)(2): The Building, which is located along a public or private street, is not designed with a clearly defined main entrance with convenient access from both parking and the street. 2. Violation of Section 4.02.16(D)(3)(b): The primary entrance for the Building is not oriented to the street by virtue of the fact that the front façade does not face the street from which access is granted. Page 391 of 409 2 3. Violation of Section 5.05.08(A)(6): The design and orientation of the Building, which shall provide commercial car wash-related services fails to: a. Incorporate architectural features and patterns that provide visual interest from the perspective of the pedestrian; b. Incorporate a Façade designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls. 4. The Florida Supreme Court has concluded that local ordinances are subject to the same rules of interpretation as are other state statutes; a court interpreting local ordinances must first look to the plain and ordinary meaning of the words in the ordinance. If the plain and ordinary meaning is clear, then other rules of construction and interpretation are unnecessary and unwarranted. Town of Longboat Key v. Islandside Property Owners Coalition, LLC, 95 So.2d 1037 (Fla. 2nd DCA 2012). Based upon one or more of the above-referenced violations, the SDP for the Pine Street Car Wash should be denied until its design complies with all provisions of the LDC identified herein. ARGUMENT It is the position of FOWLE that the Pine Street Car Wash is designed in a manner that violates certain provisions of the Collier County Land Development Code and that its Site Development Plan, as it presently exists, should be rejected. Upon information and belief, the current iteration of the Pine Street Car Wash’s Site Development Plan ignored certain provisions of the LDC in order to give the business an economic advantage or, at a minimum, favorable advertising placement and exposure facing US-41. FOWLE contends that all developed property Page 392 of 409 3 in the Bayshore Gateway Triangle must adhere to the applicable provisions of the LDC and that the Pine Street Car Wash’s failure to do so cannot be allowed. I. VIOLATION OF SECTION 5.05.08(D)(2) Collier County Land Development Code Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Community Redevelopment Area applies to the instant project. §4.02.16(D)(2) states in pertinent part: “Applicability. Each proposed building shall be designed in compliance with the standards of this section for the applicable building type, regardless of the underlying zoning district provisions…All buildings shall meet the design requirements set forth in LDC section 5.05.08 unless otherwise specified in this section.” (emphasis supplied) §5.05.08(D)(2) states in pertinent part: “Primary façade standards. a. Building entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street.” (emphasis supplied) Pine Street Car Wash’s sole entry for street access comes from Pine Street at the south end of the Property (See Driveway Exhibit; page C-19 of SDP, which is attached hereto as Exhibit 1 and incorporated herein by reference). East Trail Management, LLC, by and through Dan Griffiths, P.E., submitted a series of Architectural Renderings on August 9, 2024, which are attached hereto as Composite Exhibit 2 and incorporated by reference. The Architectural Renderings show that the attempted main entrance, with a placeholder for where the business’s name will be displayed and a purported entry door (which, upon information and belief, leads to a mechanical room), is not being placed on the west side of the building parallel to Pine Street and does not provide convenient access to both the parking lot and the street. Rather, it is on a narrow Page 393 of 409 4 corner of the property that abuts US-41. There is no street access from US-41 to the Pine Street Car Wash and all of the parking for the business is located along the west side of the building parallel to Pine Street. This attempted orientation violates the clear and unambiguous language contained in LDC §5.05.08(D)(2). II. VIOLATION OF SECTION 4.02.16(D)(3)(b) §4.02.16(D)(3)(b) states in pertinent part: “Frontage. The primary entrance for any building must be oriented to the street. Orientation is achieved by the provision of a front façade including an entry door that faces the street or square.” In conjunction with LDC §5.05.08(D)(2) discussed above, the primary entrance of the Pine Street Car Wash is not oriented towards Pine Street (which is the sole entry point for the business), nor does it have a front façade or entry door that faces Pine Street. The Architectural Renderings (Composite Exhibit 2) clearly show that there are only windowed walls oriented towards Pine Street. The only two entry doors are placed on narrow sections of the north and south portions of the building, which face US-41 and a retention pond to Woodspring Suites, respectively. This attempted orientation violates the clear and unambiguous language contained in LDC §4.02.16(D)(3)(b). III. VIOLATION OF SECTION 5.05.08(A)(6) §5.05.08(A)(6) states in pertinent part: “To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community, all buildings must have architectural features and patterns that provide visual interest from the perspective of the pedestrian, reduce building mass, recognize local character, and respond to site conditions. Façades must be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls.” (emphasis supplied) Page 394 of 409 5 Pine Street Car Wash, as presently designed and represented in its Architectural Renderings, fails to achieve the essential purposes set forth in LDC §5.05.08(A)(6) of providing visual interest from the perspective of the pedestrians walking along Pine Street. The Random House Dictionary of the English Language (College Edition) defines adorned as, “a●dorn, v.t. 1. to decorate or add beauty to, as by ornaments; 2. to make more pleasing, more attractive, or more impressive.” It further defines monolithic as, “mon●o●lith●ic, adj. 1. of or pertaining to a monolith; 2. made of only one stone; 3. characterized by massiveness, total uniformity, and intractability.” The west side of the structure running parallel to Pine Street is a uniform, monolithic, large unadorned wall that this section of the LDC attempts to avoid. As designed, pedestrians will walk past plain white windowed walls with no lettering or other adornments as depicted in the Architectural Renderings for the front corner that abuts US-41. This attempted orientation violates the clear and unambiguous language contained in LDC §5.05.08(A)(6). IV. FLORIDA LAW REQUIREMENTS The Florida Second District Court of Appeal addressed generally the concept of interpretation of local ordinances in Town of Longboat Key v. Islandside Property Owners Coalition, LLC, 95 So.3d 1037 (Fla. 2nd DCA 2012). At issue was the clash between the language of a town ordinance and the Town Commission’s interpretation of it, which was utilized to disapprove an application for a development order to expand Longboat Key. The Court held that, “The Florida Supreme Court has concluded that local ordinances are subject to the same rules of interpretation as are other state statutes; a court interpreting local ordinances must first look to the plain and ordinary meaning of the words in the ordinance. If the plain and ordinary meaning is clear, then other rules of construction and interpretation are unnecessary and unwarranted.” Id. at 1041. Page 395 of 409 6 It also determined that, “When a term in the Code lacked definition, the circuit court utilized the proper rules of statutory construction, turning to the dictionary meaning to find the plain and ordinary meaning of undefined terms.” Id. at 1041. Such is applicable to the instant matter insofar as FOWLE’s position as to why Pine Street Car Wash’s SDP should be rejected is rooted in the plain and ordinary meaning of the words contained in the LDC sections cited above. While the undersigned has not yet received a staff report or any further documentation on the staff’s opinion of the SDP’s approval, “an agency’s interpretation is afforded deference by the court unless the plain language of the ordinance runs contrary to the agency’s interpretation”. Id. at 1042. To the extent staff disagrees with the positions taken by FOWLE or generally believes the current SDP to be in compliance with all provisions of the LDC, Town of Longboat Key would control and require application of the plain and ordinary meaning of the code provisions cited herein. CONCLUSION STRONS INC. and RONALD FOWLE, JR. appeal the administrative decision to approve East Trail Management, LLC’s Site Development Plan for Project Name Fifth Avenue Express Car Wash n/k/a Pine Street Car Wash based upon its failure to adhere to certain provisions of the Collier County Land Development Code. Specifically, Pine Street Car Wash, as presently designed does not include a clearly defined main entrance with convenient access to both parking and the street as there is no driveway or other connecting road between US-41 and the attempted main entrance of the building. In addition, the front façade does not face Pine Street (the sole roadway granting access to the property), which ultimately results in pedestrian foot traffic passing by a mass/scale and uniform monolithic unadorned wall on the west side of the building. Collier Page 396 of 409 7 County’s Land Development Code expressly attempts to avoid this result with clear and unambiguous code provisions, which must be upheld as written pursuant to Florida law. REQUEST STRONS INC. and RONALD FOWLE, JR. hereby request that East Trail Management, LLC’s Site Development Plan for the Pine Street Car Wash be rejected if, and until, its design complies with all provisions of the Collier County Land Development Code as examined in this memorandum. Respectfully submitted by, HENRY JOHNSON LAW 6640 Willow Park Drive, Suite A Naples, Florida 34109 Telephone: (239) 591-0133 Facsimile: (239) 591-0787 service@henryjohnsonlaw.com hjohnson@henryjohnsonlaw.com jsam@henryjohnsonlaw.com /s/ Henry Paul Johnson, Esq. HENRY PAUL JOHNSON, ESQ. Florida Bar No. 372242 JEFFREY D. SAM, ESQ. Florida Bar No. 42113 Page 397 of 409 Date: Reviewed and Approved For: Page 398 of 409 Page 399 of 409 Page 400 of 409 Page 401 of 409 Page 402 of 409 Town of Longboat Key v. Islandside Property Owners..., 95 So.3d 1037 (2012) 37 Fla. L. Weekly D2058 © 2025 Thomson Reuters. No claim to original U.S. Government Works. 1 95 So.3d 1037 District Court of Appeal of Florida, Second District. The TOWN OF LONGBOAT KEY, Florida, a municipality of the State of Florida, Petitioner, v. ISLANDSIDE PROPERTY OWNERS COALITION, LLC, a Florida limited liability company; The Sanctuary at Longboat Key Club Community Association, Inc., a Florida nonprofit corporation; and L’Ambiance at Longboat Key Club Condominium Association, Inc., a Florida nonprofit corporation, Respondents. Key Club Associates, Limited Partnership, a Florida limited partnership; and Islandside Development, LLC, a Delaware limited liability company, Petitioners, v. Islandside Property Owners Coalition, LLC, a Florida limited liability company; The Sanctuary at Longboat Key Club Community Association, Inc., a Florida nonprofit corporation; and L’Ambiance at Longboat Key Club Condominium Association, Inc., a Florida nonprofit corporation, Respondents. Nos. 2D12–490, 2D12–495 | Aug. 29, 2012. Synopsis Background: Property owners petitioned for writ of certiorari challenging town ordinance approving a $400 million redevelopment plan. The Circuit Court, Twelfth Judicial Circuit, Sarasota County, quashed ordinance. Town petitioned for writ of certiorari. Holdings: The District Court of Appeal, LaRose, J., held that: [1] trial court did not improperly reweigh the evidence, and [2] trial court was not required to defer to town’s interpretation of town code. Petition denied. West Headnotes (5) [1] Certiorari Errors and irregularities A departure from the essential requirements of the law to warrant certiorari relief requires more than a simple legal error or an erroneous conclusion based on misapplication of the correct law. 2 Cases that cite this headnote [2] Certiorari Errors and irregularities The District Court of Appeal may only overturn the circuit court on certiorari when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. 1 Case that cites this headnote [3] Zoning and Planning Permits, certificates, and approvals Trial court did not improperly reweigh the evidence in quashing town ordinance that approved a $400 million redevelopment plan, where the trial court’s analysis focused with precision on the specific words in the town code and their definitions, only mentioning testimony to summarize the arguments before making its own decision utilizing statutory interpretation, Page 403 of 409 Town of Longboat Key v. Islandside Property Owners..., 95 So.3d 1037 (2012) 37 Fla. L. Weekly D2058 © 2025 Thomson Reuters. No claim to original U.S. Government Works. 2 and the court did not claim that the town lacked competent, substantial evidence to approve the application nor did the court scour the record for evidence to rebut the town’s decision. 2 Cases that cite this headnote [4] Zoning and Planning Permits, certificates, and approvals in general Trial court was not required to defer to the town’s interpretation of town code when reviewing town ordinance approving $400 million redevelopment plan; using the code wording, aided by dictionary definition, the trial court discerned the meaning of the code, and no rule required adherence to the town’s self-serving interpretation of the code. 1 Case that cites this headnote [5] Statutes Application to government The wording of its laws binds a legislature. Attorneys and Law Firms *1038 Sylvia H. Walbolt and Leah A. Sevi of Carlton Fields, P.A., Tampa; and David P. Persson and Kelly Martinson Fernandez of Hankin, Persson, Davis, McClenathen & Darnell, Sarasota, for Petitioners. Jim D. Syprett of Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer, P.A., Sarasota; and John Patterson of Livingston, Patterson, Strickland & Siegel, P.A., Sarasota, for Respondents in 2D12–490. Robert K. Lincoln and Michael J. Furen of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for Respondents in 2D12–495. Opinion LaROSE, Judge. This case comes to us for second-tier certiorari review. The Town of Longboat Key and others challenge the circuit court’s order quashing Town Ordinance 2009–25, which approved a $400 million redevelopment plan for the Longboat Key Club. After careful consideration, we deny the certiorari petition. Relevant Background Key Club Associates, Limited Partnership, Islandside Development, LLC, and the owners of the Longboat Key Club (collectively, Key Club) applied for a development order to expand the Longboat Key *1039 Club. The Town’s Planning and Zoning Board considered the application in public hearings. The Board transmitted the application to the Town Commission accompanied with the Board’s recommendation for approval, subject to certain conditions. The Town Commission conducted its own hearings and determined that the application violated the Town’s Zoning Code (Code). Key Club asked the Town Commission to extend the hearings while Key Club pursued a Code amendment. The Town adopted Town Ordinance 2010–16, approving Key Club’s proposed amendment. Key Club amended its original application, and the Town Commission resumed the approval process. Because it is relevant to the arguments on appeal, we note that during the continued process, Monica Simpson, the planning, zoning, and building director, reported to the Town Commission that she could not recommend approval. Ms. Simpson’s staff modified the proposed development plan based on their objections and the concerns of the public. Key Club proposed another series of changes to the plan. Again, Ms. Simpson expressed reservations. Following a final set of hearings, the Town Commission approved the development order. Islandside Property Owners Coalition, LLC, the Sanctuary at Longboat Key Club Community Association Inc., and L’Ambiance at Longboat Key Club Condominium Association, Inc. (collectively, IPOC), petitioned the circuit court for a writ of certiorari to quash the development order, citing seven conflicts with the Code. The circuit court granted the writ. The Town and Key Club (collectively, the Town) petition for second-tier Page 404 of 409 Town of Longboat Key v. Islandside Property Owners..., 95 So.3d 1037 (2012) 37 Fla. L. Weekly D2058 © 2025 Thomson Reuters. No claim to original U.S. Government Works. 3 certiorari review of that decision. See Fla. R.App. P. 9.030(b)(2)(B). The Town contends that the circuit court departed from the essential requirements of the law in two respects: (1) the circuit court exceeded its certiorari jurisdiction by reweighing the evidence, and (2) the circuit court erred in not deferring to the Town’s interpretation of the Code under Rinker Materials Corp. v. City of North Miami, 286 So.2d 552 (Fla.1973). We limit our review to considering: (1) whether the circuit court afforded procedural due process and (2) whether the circuit court departed from the essential requirements of the law. See Custer Med. Ctr. v. United Auto. Ins. Co., 62 So.3d 1086, 1092 (Fla.2010). Because the parties do not contend that the circuit court denied them due process, we assess only whether the circuit court departed from the essential requirements of the law. [1] [2] A departure from the essential requirements of the law requires more than a simple legal error or an erroneous conclusion based on misapplication of the correct law. Id. We may only overturn the circuit court “when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” Id. (quoting Combs v. State, 436 So.2d 93, 96 (Fla.1983)). The Town has not met this exacting standard. The Circuit Court Did Not Reweigh Evidence [3] The Town first argues that the circuit court improperly reweighed the evidence before the Town Commission. On first-tier certiorari review, the circuit court was limited to determining whether: (1) the Town afforded procedural due process, (2) the Town observed the essential requirements of the law, and (3) competent, substantial evidence supported the Town’s decision. See City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982). A court departs from the essential requirements *1040 of the law if it reweighs the record evidence. See id. The Town posits that the circuit court deferred too much to Ms. Simpson’s position against approval. The circuit court referred to Ms. Simpson twice in the “Background” section of its order. “On May 28, 2010, Monica Simpson ... issued a staff report indicating she could not recommend approval....” Later, the court notes that “[o]n June 28, 2010, Director Simpson issued a revised staff report on Key Club’s ... revised application and proposed conditions. The ... Staff Report and Ms. Simpson’s testimony indicated that Key Club’s application and requested departures did not comply with the Zoning Code.” The Town contends that these references reflect the circuit court’s efforts to find evidence to quash the development order rather than assessing the record as a whole to determine whether competent, substantial evidence supported the Town’s decision. The Town protests that the circuit court “relied on,” “gave weight to,” and “simply seize[d] on” Ms. Simpson’s statements to support its final order. The Town, citing Broward County v. G.B.V. International, Ltd., 787 So.2d 838, 846 n. 25 (Fla.2001), argues that the presence of this information and the absence of any testimony favoring approval show that the circuit court reweighed the evidence. This is not firm ground. In G.B.V. International, “according to the plain language of its order ” it was apparent that the circuit court “combed the record and extracted its own factual finding.” Id. at 845. Reweighing of the evidence is simply not apparent from “the plain language of [the] order” before us. To the contrary, we can see that the circuit court assiduously applied the appropriate factors in its first-tier certiorari review. “This court need not defer to a construction of the Zoning Code by the Town or Ms. Simpson if the language of the Code is clear and unambiguous.” Additionally, the circuit court’s analysis focused with precision on the specific words in the Code and their definitions, only mentioning Ms. Simpson’s testimony to summarize the arguments before making its own decision utilizing statutory interpretation. The circuit court did not claim that the Town lacked competent, substantial evidence to approve the application nor did the circuit court scour the record for evidence to rebut the Town’s decision. See Clay Cnty. v. Kendale Land Dev., Inc., 969 So.2d 1177, 1181 (Fla. 1st DCA 2007) (determining that when a circuit court examines whether the agency’s findings are supported by competent, substantial evidence, the court cannot conduct an independent review searching for evidence to rebut the agency’s decision). The Town urges us to conclude that “this recitation [of Ms. Simpson’s position] establishes that the circuit court made its own review of the record evidence, selected certain evidence as relevant background, and then returned to that evidence in the body of its order.” We must reject a position that would thwart the rendering of reasoned judicial decisions. The Town’s argument reaches too far and would encourage a judge to omit any meaningful background information in an order lest he or she be accused of impropriety. This hardly promotes judicial transparency, sound explanation, and rational analysis. Our careful review of the record uncovers nothing suggesting that the circuit court relied on Ms. Simpson’s testimony to reach its decision. Page 405 of 409 Town of Longboat Key v. Islandside Property Owners..., 95 So.3d 1037 (2012) 37 Fla. L. Weekly D2058 © 2025 Thomson Reuters. No claim to original U.S. Government Works. 4 The Circuit Court Was Not Required to Defer to the Town’s Interpretation of the Code [4] The Town next argues that the circuit court departed from the essential requirements of the law by not “acknowledg[ing] *1041 or apply[ing] controlling principles of Florida law from Rinker Materials Corp.” According to the Town, the circuit court should have applied the Town’s interpretation of the Code because zoning regulations should be both consistently applied and construed to favor property owners.1 In Rinker Materials Corp., a property owner applied for a permit to construct a concrete batching plant. Id., 286 So.2d at 554. The city council denied the permit. The circuit court and district court denied certiorari relief. Id. at 553. The supreme court remanded for the grant of relief after determining that the district court erroneously interpreted the applicable zoning ordinances. Id. “In failing to apply the plain and ordinary meaning and common usage of the language of the ordinance in determining intent, the district court misapplied the established decisional rules of statutory construction.” Id. The supreme court concluded that local ordinances are subject to the same rules of interpretation as are state statutes; a court interpreting local ordinances must first look to the plain and ordinary meaning of the words in the ordinance. Id. at 553–54. If the plain and ordinary meaning is clear, then “other rules of construction and interpretation are unnecessary and unwarranted.” Id. at 554. In the end, the supreme court determined that the city council’s interpretation of its own ordinances was improper because it violated the clear and ordinary meaning of the ordinance. Id. at 555–56. Rinker Materials Corp. bolsters the circuit court’s decision. The circuit court limited its analysis to the wording of the Code; it eschewed extraneous evidence of intent. See id. at 554 (“The intent of the North Miami City Commission in its enactment of the zoning ordinance in issue is to be determined primarily from the language of the ordinance itself and not from conjecture [a]liunde.”). When a term in the Code lacked definition, the circuit court utilized the proper rules of statutory construction, turning to the dictionary meaning to find the plain and ordinary meaning of undefined terms. See Baker Cnty. Med. Servs., Inc. v. Aetna Health Mgmt., LLC, 31 So.3d 842, 845 (Fla. 1st DCA) (“[W]hen a statute does not define a term, we rely on the dictionary to determine the definition.”), review denied, 44 So.3d 1177 (Fla.2010). For example, IPOC claimed that the development order approved commercial uses that the Code did not allow. The circuit court determined, in relevant part, that: The clear and unambiguous language of § 158.002(D) of the Zoning Code requires that any uses permitted in the [Gulf Planned Development] be “designated,” that is, to be indicated, set apart, marked out or made known. Black’s Law Dictionary, 6th Ed. Nowhere in the Zoning Code are commercial offices, meeting rooms, spas or commercial recreational uses such as the golf clubhouse set out, indicated or otherwise identified or made known to be permitted in the [Gulf Planned Development]. The Court finds that the Development Order violates [the] Zoning Code by permitting such uses on the North Parcel and therefore departs from the essential requirements of the law. *1042 Using the Code wording, aided by dictionary definition, the circuit court discerned the meaning of the Code. No rule required adherence to the Town’s self-serving interpretation. See Holly v. Auld, 450 So.2d 217, 219 (Fla.1984) (“[W]hen the language of the statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning.” (quoting A.R. Douglass, Inc. v. McRainey, 102 Fla. 1141, 137 So. 157, 159 (1931))). The Town argues that the Code is ambiguous, thus requiring the circuit court to defer to the Town’s reasonable interpretation. See Fla. Hosp. v. Agency for Health Care Admin., 823 So.2d 844, 848 (Fla. 1st DCA 2002) (holding that an agency’s interpretation is afforded deference by the court unless the plain language of the ordinance runs contrary to the agency’s interpretation). In support of this argument, the Town cites its longstanding tradition allowing similar nonresidential developments. Vanderbilt Shores Condominium Association v. Collier County, 891 So.2d 583, 584 (Fla. 2d DCA 2004), blunts that attack. Tradition cannot displace the plain meaning of a local code. In Vanderbilt Shores Condominium Association, several condominium associations challenged a county building permit approving a development plan for a fifteen-unit condominium. Id. They complained that the design violated the zoning code. Id. The circuit court claimed that it must apply the county’s interpretation as long as the interpretation was not unreasonable or clearly erroneous and cited the county’s “longstanding interpretation of its Land Development Code.” Id. Despite the county’s tradition and interpretation, we determined that “the associations’ interpretation of the Land Page 406 of 409 Town of Longboat Key v. Islandside Property Owners..., 95 So.3d 1037 (2012) 37 Fla. L. Weekly D2058 © 2025 Thomson Reuters. No claim to original U.S. Government Works. 5 Development Code appears to be correct” and “the County’s interpretation here appears to be clearly erroneous.” Id. at 584, 585. Although we affirmed the lower court’s order on different grounds, we noted that while “great weight must be given to the administrative construction of a statute by the officials charged with its administration,” a court cannot afford such deference when the interpretation is unreasonable or erroneous. Id. at 585. [5] The Town’s longstanding interpretation of its Code cannot tie the circuit court’s hands. To allow such a result would countenance a shifting-sands approach to Code construction that would deny meaningful judicial review of local quasi-judicial decisions. The meaning of a code would remain in flux. Such an approach does not promote consistency in the application of law. As the wording of its laws binds a legislature, the Town is bound by the wording of its Code. This mounts a bulwark against the Town’s unfettered exercise of power. See Bd. of Cnty. Comm’rs of Brevard Cnty. v. Snyder, 627 So.2d 469, 474 (Fla.1993) (noting that local governments and agencies must strictly adhere to town development plans and zoning codes); City of Miami v. Rosen, 151 Fla. 677, 10 So.2d 307, 309 (1942) (discussing the limited scope of authority under which municipal ordinances are valid); Ocean’s Edge Dev. Corp. v. Town of Juno Beach, 430 So.2d 472, 474–75 (Fla. 4th DCA 1983) (determining that courts cannot amend local ordinances “as the town would have liked it to read” by ignoring the language of the code “in favor of after-the-fact expert testimony as to legislative intent to fill in the cracks” because property owners and residents have every right to depend on the wording of the code.) As the circuit court noted, the Town is free to amend the Code. See Carroll v. City of Miami Beach, 198 So.2d 643, 645 (Fla. 3d DCA 1967) (“[T]he City is *1043 bound by the express terms of its own ordinance.... If the City desires a different meaning for its ordinance in the future, it may amend, modify, or change the same by legislative process.”). In only one instance did the circuit court agree that a Code provision was ambiguous. Section 158.128(D) described the minimum number of off-street parking spaces required for a development, accompanied by a table in the section describing the minimum parking spaces for different uses. The table includes the term “additional uses” with no definition. The Town argued that the northern parcel of land required fewer spaces because, combined, the north and south parcel of the development had enough spaces and that “additional uses” permitted the Town to approve a single site plan with enough spaces regardless if the plan included separate parcels. The circuit court determined that this interpretation was unreasonable because “[t]he Town’s interpretation of the ‘additional use’ provision creates clear conflicts with the other provisions of the same section of the Zoning Code that require safe and adequate parking.” The circuit court properly applied the law in this instance by first determining whether the statute was ambiguous and then determining if the Town’s interpretation was unreasonable. See Office of Fire Code Official of Collier Cnty. Fire Control & Rescue Dists. v. Fla. Dep’t of Fin. Servs., 869 So.2d 1233, 1237 (Fla. 2d DCA 2004) (holding that while an agency’s reasonable interpretation of an ordinance binds a court, a court cannot “defer to an implausible and unreasonable statutory interpretation adopted by an administrative agency”). The circuit court was bound by the interpretation only if it determined the Town’s interpretation reasonable. Because of the limited scope of our second-tier certiorari review, we see no need to analyze further each of the seven individual areas that IPOC challenges as conflicting with the Code. See Custer Med. Ctr., 62 So.3d at 1092; State, Dep’t of Highway Safety & Motor Vehicles v. Edenfield, 58 So.3d 904, 906 (Fla. 1st DCA 2011) (“[A] misapplication or an erroneous interpretation of the correct law does not rise to the level of a violation of a clearly established principle of law.”). The circuit court properly applied the concepts of statutory construction as required by Rinker Materials Corp. Conclusion The trial court did not depart from the essential requirements of the law in quashing the development order. There is no indication that the circuit court reweighed the evidence, and the circuit court properly construed the Code in accordance with Rinker Materials Corp. Therefore, we deny the petition. Petition denied. KHOUZAM and BLACK, JJ., Concur. All Citations 95 So.3d 1037, 37 Fla. L. Weekly D2058 Page 407 of 409 Town of Longboat Key v. Islandside Property Owners..., 95 So.3d 1037 (2012) 37 Fla. L. Weekly D2058 © 2025 Thomson Reuters. No claim to original U.S. Government Works. 6 Footnotes 1 The quotation from Rinker Materials Corp. that the Town summarizes reads, “Since zoning regulations are in derogation of private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when there is no definition or clear intent to the contrary and the ordinance should be interpreted in favor of the property owner.” 286 So.2d at 553 (emphasis added). End of Document © 2025 Thomson Reuters. No claim to original U.S. Government Works. Page 408 of 409 Date: Reviewed and Approved For: Page 409 of 409