HEX Agenda 02/26/2026COLLIER COUNTY
Hearing Examiner
AGENDA
Growth Management Community Development Department
2800 Horseshoe Drive North
Conference Rooms 609/610
Naples, FL 34104
February 26, 2026
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. PDI PL20250013644 – Hacienda Lakes of Naples, LLC Collier
Boulevard and Rattlesnake Hammock Road - Requests an insubstantial change to the
Hacienda Lakes MPUD, Ordinance No. 11-41, for (1) the addition of a footnote to Table II –
Commercial, Including Mixed Use Buildings, Public Safety, and Senior Housing Development
Standards, adding that the minimum yards for the principal use may be reduced to 15 feet on
the east and west sides of the Commercial Tract identified as Tracts A and B of the Cadenza at
Hacienda Lakes of Naples Plat as recorded in Plat Book 74, Pages 16 through 20 of the Public
Records of Collier County, Florida; and (2) the addition of a utilities note to Table II –
Commercial, Including Mixed Use Buildings, Public Safety, and Senior Housing Development
Standards, that setbacks must comply with the required separation between utility
infrastructure and buildings or structures provided in the Utility Standards and Procedures
Page 1 of 419
Ordinance, Chapter 134, Article III of the Collier County Code of Laws and Ordinances. The
subject parcel is in the Commercial Tract of the MPUD and is located approximately ±1,280
feet east of the intersection of Collier Boulevard and Rattlesnake Hammock Road on the south
side of Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier
County, Florida, consisting of ±5.09 acres of the ±2,262 acre MPUD [Coordinator: Timothy
Finn, Planner III] Commissioner District 1 (2026-118)
3.B. PETITION NO. SV-PL20250003185 –Panda Express -Immokalee Rd. & Founders -
Request for a variance from the Land Development Code Section 5.06.04.F.2.a, which allows
for Outparcels to have one additional 60 square foot wall sign facing the shopping center, in
addition to any wall signs permitted by the code, provided that this sign does not face a public
right-of-way, to not exceed two total wall signs. The applicant is seeking a third wall sign, 6
feet by 6 feet, at 8955 Founder Square Drive, Founders Square Tract G, Section 26, Township
48 South, Range 26 East, Collier County, Florida. (2026-218)
3.C. PETITION NO. VA PL20250011116 – 900 Grand Rapids Blvd - Request for a variance
from R-2 Development Standards in Section IV, 4.06, Table II A, of the Orangetree PUD,
Ordinance 12-09, as amended, to reduce the required side yard setback for an existing
accessory screen enclosure on a single-family detached home from 5.5 feet to 4.01 feet on the
northwest property line on approximately 0.24 acres known as Waterways Of Naples Unit
Three Lot 119 subdivision, also known as 900 Grand Rapids Blvd, Naples, FL, 34120 in
Section 14, Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: Maria
Estrada, Planner II] Commissioner District 5 (2026-216)
3.D. PETITION NO. BD-PL20240010109 - 400 Oak Avenue- Request for a 16-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than 100
feet in width, to allow construction of a boat docking facility protruding a total of 36 feet into a
waterway that is 154± feet wide, pursuant to LDC Section 5.03.06.H. The subject property is
located at 400 Oak Avenue, further described as Lot 7, Block I, Conner’s Vanderbilt Beach
Estates Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: John Kelly, Planner III] Commission District 2 (2026-315)
3.E. PETITION NO. BD PL20250005726 -1843 Gordon River Lane - Request for a 19-foot boat
dock extension from the maximum permitted protrusion of 20 feet allowed by Section
5.03.06.E.1 of the Collier County Land Development Code (LDC) for waterways 100 feet or
greater in width, to allow a boat docking facility protruding a total of 39 feet into a waterway
that is 114-120 feet wide, pursuant to LDC Section 5.03.06.H. The subject property is located
at 1843 Gordon River Lane and is further described as Lot 7, Nature Pointe, in Section 35,
Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner
III] Commissioner District 4 (2026-399)
4. New Business
5. Old Business
6. Public Comments
7. Adjourn
Page 2 of 419
2/26/2026
Item # 3.A
ID# 2026-118
PETITION NO. PDI PL20250013644 – Hacienda Lakes of Naples, LLC Collier Boulevard and Rattlesnake
Hammock Road - Requests an insubstantial change to the Hacienda Lakes MPUD, Ordinance No. 11-41, for (1) the
addition of a footnote to Table II – Commercial, Including Mixed Use Buildings, Public Safety, and Senior Housing
Development Standards, adding that the minimum yards for the principal use may be reduced to 15 feet on the east and
west sides of the Commercial Tract identified as Tracts A and B of the Cadenza at Hacienda Lakes of Naples Plat as
recorded in Plat Book 74, Pages 16 through 20 of the Public Records of Collier County, Florida; and (2) the addition of a
utilities note to Table II – Commercial, Including Mixed Use Buildings, Public Safety, and Senior Housing Development
Standards, that setbacks must comply with the required separation between utility infrastructure and buildings or
structures provided in the Utility Standards and Procedures Ordinance, Chapter 134, Article III of the Collier County
Code of Laws and Ordinances. The subject parcel is in the Commercial Tract of the MPUD and is located approximately
±1,280 feet east of the intersection of Collier Boulevard and Rattlesnake Hammock Road on the south side of
Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of
±5.09 acres of the ±2,262 acre MPUD [Coordinator: Timothy Finn, Planner III] Commissioner District 1
ATTACHMENTS:
1. Staff Report - Hacienda Lakes PDI
2. Attachment A - Revised Table II - Commercial, Including Mixed Use Buildings, Public Safety, and Senior Housing Development
Standards
3. Attachment B - Executive Summary - Economic Development Agreement 2025-11-10
4. Attachment C - Original Analysis and Findings
5. Attachment D - Application-Backup Materials
6. Attachment E - Hearing Advertising Signs
Page 3 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 1 of 8
Hearing Examiner (HEX) Date: 2/26/26
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: FEBRUARY 26, 2026
SUBJECT: PDI-PL20250013644, HACIENDA LAKES
PROPERTY OWNER/AGENT:
Property Owner: Agent:
Hacienda Lakes of Naples, LLC D. Wayne Arnold, AICP
7742 Alico Road Pape-Dawson Engineering Consultants, LLC
Fort Myers, FL 33912 3800 Via Del Rey
Bonita Springs, FL 34134
REQUESTED ACTION:
The applicant requests that the Hearing Examiner consider an insubstantial change to the Hacienda
Lakes MPUD, Ordinance No. 11-41, for (1) the addition of a footnote to Table II – Commercial,
Including Mixed Use Buildings, Public Safety, and Senior Housing Development Standards, adding
that the minimum yards for the principal use may be reduced to 15 feet on the east and west sides of
the Commercial Tract identified as Tracts A and B of the Cadenza at Hacienda Lakes of Naples Plat
as recorded in Plat Book 74, Pages 16 through 20 of the Public Records of Collier County, Florida;
and (2) the addition of a utilities note to Table II – Commercial, Including Mixed Use Buildings,
Public Safety, and Senior Housing Development Standards, that setbacks must comply with the
required separation between utility infrastructure and buildings or structures provided in the Utility
Standards and Procedures Ordinance, Chapter 134, Article III of the Collier County Code of Laws
and Ordinances.
GEOGRAPHIC LOCATION:
The subject parcel is in the Commercial Tract of the MPUD and is located approximately 1,280 ±
feet east of the intersection of Collier Boulevard and Rattlesnake Hammock Road on the south side of
Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County,
Florida, consisting of 5.09 ± acres of the 2,262 ± acre MPUD (See Location Map on the following
page.)
Page 4 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 2 of 8
Hearing Examiner (HEX) Date: 2/26/26
Page 5 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 3 of 8
Hearing Examiner (HEX) Date: 2/26/26
PURPOSE/DESCRIPTION OF PROJECT:
The Hacienda Lakes MPUD/DRI is a large master planned project on 2,262 ± acres. Original MPUD
approval was granted by Ordinance Number 11-41 approved on October 25, 2011. The project
qualified as a Development of Regional Impact (DRI) per Florida Statute and a DRI Development
Order defining parameters for development was also approved by Resolution Number 2011-201,
Development Order 2011-05.
The MPUD/DRI allows for a maximum of 1,760 dwelling units, 327,500 square feet of commercial
retail uses, 70,000 square feet of professional and medical office uses, 135 hotel rooms, 140,000
square feet of business park/educational facilities, a public school, and continuation of the “swamp”
buggy attraction.
In 2014, the MPUD was amended by HEX Decision No. 2014-18, granting one deviation to allow
one wall sign with a maximum height of 13 feet at the entrance to Esplanade at Hacienda Lakes.
Also in 2014, HEX Decision No. 2014-28 was approved for an off-premises sign with a maximum
height of 13 feet for the Hacienda Lakes MPUD/DRI on property at the northeast quadrant of the
Collier Boulevard/Rattlesnake Hammock Road intersection.
In 2015, the MPUD was amended by HEX Decision No. 2015-06 to reduce the required secondary
front yards on residential corner lots from 20 feet to 10 feet, specific to Esplanade at Hacienda Lakes.
The MPUD was amended again in 2016 by HEX Decision No. 2016-20 to reduce the required
secondary front yards on single family detached lots, zero lot line and two family/duplex corner lots;
to adjust the minimum distance between multi-family principal structures; and to add four (4)
deviations relating to entrance sign height and area, dead-end streets, and allowing back out parking
for multifamily dwellings, only for the residential development known as Azure at Hacienda Lakes.
In July 2021, a change to the MPUD was approved by HEX Decision No. 2021-33 to adjust
operational characteristics required for senior housing within the Residential/Mixed Use (R/MU)
Tract of the MPUD, and to add an access point to the Tract along Rattlesnake Hammock Road.
In May 2022, a change to the MPUD was approved by Ordinance Number 2022-18, to change the
Business Park and Residential Tract lines, remove the RV Tract and add access points along the
northern MPUD boundary and added deviations.
In June 2024, a change to the MPUD was approved by HEX Decision 2024-34 to decrease the
minimum floor area size from 750 square feet to 650 square feet for multi-family dwellings and to
modify language to Transportation Commitment IV to remove the 3:00 P.M. peak hour limitation
over the bridge connection to the North Area from Collier Boulevard.
In October 2025, a change to the MPUD was approved by Ordinance Number 2025-47, to add
deviations for relief from the Collier County Land Development Code relating to architectural
glazing standards, building façade massing, light fixture heights, loading spaces, landscape standards
for interior vehicular use areas, and signage.
The purpose of this insubstantial change is to reduce the building setback for Tract ‘A’ and ‘B’ of the
Cadenza at Hacienda Lakes of Naples Plat (PB74, PGS 16-20). The Naples College of Osteopathic
Page 6 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 4 of 8
Hearing Examiner (HEX) Date: 2/26/26
Medicine is proposed to be located on the Commercial Tract within the Hacienda Lakes Mixed Use
Planned Unit Development, see Attachment B – Executive Summary – Economic Development
Agreement 11-10-2025. Because of the nature of the proposed medical school, the architectural
building footprint has certain minimum standards to provide for classroom and laboratory needs. The
minimum setbacks per the Hacienda Lakes MPUD are 25 feet from each property boundary. The
medical college footprint can fit on the subject platted property but only with a reduction in building
setback from 25 feet to 15 feet for the east and west property boundaries, see Attachment A –
Revised Table II. The reduction in the building setback will have no detrimental impact to
surrounding properties. To the west, the property is separated from the future Costco Warehouse
Club by a 170-foot-wide Florida Power and Light easement. To the east, the property is separated
from the Ekos Cadenza Senior Living apartments by a shared access drive, Cadenza Road, and the
parking lot for the Ekos Cadenza apartments. The site will continue to provide the required landscape
buffers on both parcel boundaries. The Naples College of Osteopathic Medicine has been approved
by Collier County to receive six million dollars in economic incentives due to the job creation and
overall economic impact to Collier County. It is estimated that the medical college will create nearly
two billion dollars in economic impacts over the next 20 years. The small reduction in setbacks for
the east and west parcel boundaries is essential to the ability of the medical school to be established
on a shovel ready site in Collier County. It is important to note that within the staff review of this
petition the Utilities Department has added a note stating that the setbacks must comply with the
required separation between utility infrastructure and buildings or structures provided in the Utility
Standards and Procedures Ordinance, Chapter 134, Article III of the Collier County Code of Laws
and Ordinances.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses, zoning classifications, and maximum
approved densities and intensities for properties surrounding boundaries of Hacienda Lakes PPUD:
North:
Rattlesnake Hammock Road (four lane arterial) then currently being developed with
an 181-unit independent living facility, Marquis at Hacienda Lakes, with a current
zoning designation of McMullen MPUD which is approved for commercial
East: Cadenza Road (local arterial) and then developed with a multi-unit independent
living facility, Cadenza at Hacienda Lakes, with a current zoning designation of
Hacienda Lakes MPUD, to the south of the independent living facility is vacant
commercial land with a current zoning designation of Hacienda Lakes MPUD
South: Developed with a medical building, Regional Medical Arts, with a current zoning
designation of Collier Regional Medical Center PUD which is approved for a
260,000 s.f. hospital and 80,000 s.f. of medical office
West: Florida Power and Light 170-foot-wide easement then vacant commercial to be
developed as Costco Warehouse with a current zoning designation of Hacienda
Lakes MPUD which is approved for commercial, medical office, hotel, business
park, education facilities, single and multi-family dwellings, assisted and
independent living, and the continuation of the existing “Swamp Buggy” attraction
and “Junior Deputy” passive recreation
Page 7 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 5 of 8
Hearing Examiner (HEX) Date: 2/26/26
Source: RWA, Inc.
STAFF ANALYSIS:
Comprehensive Planning: Because this application is not adding uses or increasing the intensity of
the previously approved uses in the Hacienda Lakes MPUD, it is consistent with the Future Land Use
Element (FLUE) of the GMP.
Page 8 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 6 of 8
Hearing Examiner (HEX) Date: 2/26/26
Environmental: Environmental staff has evaluated the proposed changes to the PUD documents and
found no issue with consistency.
Public Utilities: During Staff review, Public Utilities requested the following language be added as a
utilities note to Table II – Commercial, Including Mixed Use Buildings, Public Safety, and Senior
Housing Development Standards, that setbacks must comply with the required separation between
utility infrastructure and buildings or structures provided in the Utility Standards and Procedures
Ordinance, Chapter 134, Article III of the Collier County Code of Laws and Ordinances. As such, the
agent added the utilities note to Table II, see Attachment A – Revised Table II.
LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the criteria by which insubstantial amendments
to a PUD Master Plan and/or minor text changes to a PUD Document are to be reviewed before they
can be approved. The criteria and a response to each have been listed as follows:
LDC Section 10.02.13.E.1:
a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
No, there is no proposed change in the boundary of the PUD.
b. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
No, there is no proposed increase in the number of dwelling units or intensity of land use or
height of buildings within the development.
c. Is there a proposed decrease in preservation, conservation, recreation, or open space
areas within the development in excess of 5% of the total acreage previously designated
as such, or five acres in area?
No, there is no proposed decrease in preservation, conservation, recreation, or open space
areas within the development as designated on the approved Master Plan.
d. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial and industrial land uses (excluding preservation, conservation
or open space), or a proposed relocation of nonresidential land uses?
There would be no increase to the size of areas used for non-residential uses and no relocation
of non-residential areas.
e. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or
impacts on other public facilities?
No, there are no substantial impacts resulting from this amendment.
Page 9 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 7 of 8
Hearing Examiner (HEX) Date: 2/26/26
f. Will the change result in land use activities that generate a higher level of vehicular
traffic based upon the Trip Generation Manual published by the Institute of
Transportation Engineers?
No, there are no substantial impacts resulting from this amendment.
g. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
No, the proposed changes will not impact or increase stormwater retention or increase
stormwater discharge.
h. Will the proposed change bring about a relationship to an abutting land use that would
be incompatible with an adjacent land use?
No. There will be no incompatible relationships with abutting land uses.
i. Are there any modifications to the PUD Master Plan or PUD Document or amendment
to a PUD ordinance which is inconsistent with the Future Land Use Element or other
elements of the Growth Management Plan or which modification would increase the
density of intensity of the permitted land uses?
No. Comprehensive Planning staff determined the proposed changes to the PUD Document
would be consistent with the FLUE of the GMP. Both environmental and transportation
planning staff have reviewed this petition, and no changes to the PUD Document are proposed
that would be deemed inconsistent with the Conservation and Coastal Management Element
(CCME) or the Transportation Element of the GMP. This petition does not propose any
increase in density or intensity of the permitted land uses.
LDC Section 10.02.13.E.2:
Does this petition change the analysis of the findings and criteria used for the original
application?
No, the proposed change does not affect the original analysis and findings of the original
zoning action in Petition PUDZ-2006-AR-10146. An excerpt from the staff report prepared
for that petition is attached as Attachment C – Original Analysis and Findings.
DEVIATION DISCUSSION:
No deviations are being requested as part of this application.
NEIGHBORHOOD INFORMATION MEETING (NIM):
The NIM was scheduled for Tuesday, December 30, 2025, at 5:30 pm at the South Regional Library,
Meeting Room A, located at 8065 Lely Cultural Pkwy, Naples, FL 34113. The meeting commenced
at approximately 5:35 p.m. and ended at 5:45 p.m. Wayne Arnold, the agent, conducted the meeting
Page 10 of 419
PDI-PL20250013644, Hacienda Lakes MPUD Last revised: 1/22/26 Page 8 of 8
Hearing Examiner (HEX) Date: 2/26/26
with introductions of the consultant team and staff, and gave a PowerPoint. Approximately three
members of the public attended the meeting. The presentation consisted of an overview of the
proposed PDI application. Following the agent’s presentation, the meeting was opened to attendees to
make comments and ask the consultant questions regarding the proposed development. The issues
discussed were whether the school would be functional or traditional medicine, a cafeteria for the
students, and the number of employees and students attending the school. The agent answered all
questions. No commitments were made and there was no opposition. A copy of the NIM transcript,
sign-in sheet, NIM advertising, and NIM PowerPoint presentation are included in Attachment D –
Application-Backup Materials.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20250013644.
Attachments:
A) Revised Table II – Commercial, Including Mixed Use Buildings, Public Safety, and
Senior Housing Development Standards
B) Executive Summary – Economic Development Agreement 11-10-2025
C) Original Analysis and Findings
D) Application-Backup Materials
Page 11 of 419
HACIENDA LAKES MPUD (PL20250013644)
ORDINANCE 2011-41
Revised December 29, 2025
Page 12 of 419
Page 13 of 419
11/10/2025
Item # 11.E
ID# 2025-4411
Executive Summary
Recommendation to approve and authorize the Chair to execute an Economic Development Agreement with ‘Project
Bones’, in the amount of $6 million.
OBJECTIVE: To approve and authorize the chairman to execute an Economic Development Agreement (EDA) with
‘Project Bones’, in the amount of $6 million.
CONSIDERATIONS: The Bay College of Osteopathic Medicine, LLC, based in Tampa, is looking at sites for a sister
school to complement its recently completed Orlando College of Osteopathic Medicine. Their projected cost to construct
the school is estimated at a $170 million investment (See concept plan attached). The Naples College of Osteopathic
Medicine is a proposed 108,000-square-foot facility that can accommodate a maximum of 400 students on campus,
employing 325 construction workers and generating over 100 target industry jobs. It is expected to graduate 180 medical
students annually by 2029. The Bay College will offer at least 20 scholarships to Collier County residents on a needs
basis. Initial projections of the overall economic impact over 20 years are close to $2 billion. They are focusing on an
already zoned site within the Hacienda Lakes PUD and are finalizing their Purchase and Sale Agreement.
The applicant has requested confidentiality under FS 288.075 (codename ‘Project Bones’). The proposed Naples
College of Osteopathic Medicine has applied for $6 million in economic development assistance from Collier County.
The request represents 3.5% of the project cost, and projected ROIs are positive.
It is proposed that the EDA provide a $1 million payment to the Naples School of Osteopathic Medicine upon issuance
of the Certificate of Occupancy (CO), followed by $500,000 per year of operation in Collier County for up to ten (10)
years, totaling $6 million. These payments will be made upon verification of the certificate of occupancy, business tax
receipts, and property taxes being current in Collier County. Bay College shall not convert, reorganize, or otherwise
become a nonprofit or tax-exempt entity until it has paid at least $6,000,000 in ad valorem property taxes for the
property where the Facility is located. If Bay College seeks to convert to a nonprofit or tax-exempt entity before
reaching the $6,000,000 property tax threshold, it must first repay the County all funds previously disbursed under this
Agreement.
This item is consistent with the Collier County strategic plan objective to encourage diverse economic opportunities by
fostering a business-friendly environment.
FISCAL IMPACT: The proposed incentive is for up to the sum of $6 million, which will be budgeted over an 11-year
period. Reimbursement would only be distributed upon the receipt of sufficiency, as identified in the Economic
Development Agreement.
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires a majority vote for Board approval. -JAK
RECOMMENDATION(S): To approve and authorize the Chair to execute an Economic Development Agreement with
‘Project Bones’, in the amount of $6 million.
PREPARED BY: Cormac Giblin, Director, Housing Policy & Economic Development
ATTACHMENTS:
1. Economic Development Agreement Bay College -Vendor Signed
2. Bay College bones IZ application
Page 14 of 419
11/10/2025
Item # 11.E
ID# 2025-4411
Page 15 of 419
Original Analysis and Findings – Hacienda Lakes MPUD – PUDZ-2006-AR-
10146
FINDINGS OF FACT:
PUD Findings: LDC Subsection 10.02.13.B.5 states that, “In support of its recommendation, the
CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria”
(Staff’s responses to these criteria are provided in bold font):
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and other utilities.
Staff has reviewed the proposed rezone and believes the uses and property development
regulations are compatible with the development approved in the area as limited by staff. If
staff’s limitations are accepted, the commitments made by the applicant shou ld provide
adequate assurances that the proposed change should not adversely affect living conditions
in the area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and maintenance of
such areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application, which were reviewed by the County Attorney’s
Office, demonstrate unified control of the property. Additionally, the development will be
required to gain platting and/or site development approval. Both processes will ensure that
appropriate stipulations for the provision of and continuing operation and maintenance of
infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP).
Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives
and policies of the GMP within the GMP discussion and the attached report from
Comprehensive Planning staff and the zoning analysis of this staff report. Based on those
staff analyses, planning zoning staff is of the opinion that this petition may be found
consistent with the overall GMP with the staff recommended limitations.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
Staff has provided a review of the proposed uses and believes that the project will be
compatible with the surrounding area, subject to approval of the recommended limitation of
staff, the proposed development standards and project commitments.
5. The adequacy of usable open space areas in existence and as proposed to serve the
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development.
The amount of native preserve aside for this project meets the minimum requirement of the
LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The developer has proposed that this project will be developed in one, eight-year long phase
and has provided the following breakdown (as found in the DRI DO Maps H-2-4):
The DRI DO document addresses the phasing of the project as to determinations of any
substantial deviation if the phasing schedule is violated, in compliance with Florida Statutes.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure such as road capacity, wastewater disposal
system, and potable water supplies (with the mitigation provided in the PUD document and
the DRI DO) to accommodate this project based upon the commitments made by the
petitioner and the fact that adequate public facilities requirements will be addressed when
development approvals are sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
The petitioner is seeking nine deviations to allow design flexibility in compliance with the
purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This
criterion requires an evaluation of the extent to which development standards and deviations
proposed for this PUD depart from development standards that would be required for the
most similar conventional zoning district. Staff has provided an analysis of the deviation
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requests in the Deviation Discussion portion of this staff report, and is recommending
support of Deviations 2, 5, 7, 8 and 9; support with limitations of Deviation 3 and 4; and
Denial of Deviations 1 and 6 as explained in the deviation section of this staff report.
Rezone Findings: LDC Subsection 10.03.05.I. states, “When pertaining to the rezoning of land,
the report and recommendations to the planning commission to the Board of County
Commissioners…shall show that the planning commission has studied and considered proposed
change in relation to the following when applicable” (Staff’s responses to these criteria are
provided in bold font):
1. Whether the proposed change will be consistent with the goals, objectives, & policies of
the Future Land Use Map and the elements of the Growth Management Plan.
The zoning analysis provides an in-depth review of the proposed project. Staff is of the
opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the
project to be compatible with neighborhood development. S taff recommends that this
petition be deemed consistent with the FLUE of the GMP if staff’s conditions of approval
are adopted. The petition can also be deemed consistent with the CCME. Therefore, staff
recommends that this petition be deemed consistent with the GMP subject to staff’s
conditions of approval.
2. The existing land use pattern;
Staff has described the existing land use pattern in the “Surrounding Land Use and Zoning”
portion of this report and discussed it at length in the zoning review analysis. Staff believes
the proposed rezone is appropriate given the existing land use pattern, and development
restrictions included in the PUD.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The proposed PUD rezone) would not create an isolated zoning district because there are
lands to the west along CR 951 that are also zoned PUD (see Zoning Map).
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Staff is of the opinion that the proposed district boundaries are logically drawn given the
current property ownership boundaries. The rezoning does create one isolated pocket;
however that site is a state-owned preservation area upon which no development is planned.
The proposed uses around this pocket are shown as preserve.
5. Whether changed or changing conditions make the passage of the proposed rezoning
necessary.
The proposed rezone is not necessary, per se; but it is being requested in compliance with the
LDC provisions to seek such the rezone to allow the owner the opportunity to develop the
land with uses other than what the existing zoning district would allow. Without rezoning,
the agriculturally zoned tracts could not be developed with the proposed uses or with the
proposed property development regulations. The applicant’s request is consistent with the
proposed GMPA.
Page 18 of 419
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Staff is of the opinion that the proposed rezone, with the commitments made by the applicant,
can been deemed consistent County’s land use policies that are reflected by the Future Land
Use Element (FLUE) of the GMP. The project includes numerous restrictions and standards
that are designed to address compatibility of the project. Development in compliance with
the proposed PUD rezone should not adversely impact living conditions in the area.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak volumes
or projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure has adequate capacity to serve the proposed project with the
mitigation that will be provided by the developer. Staff believes the petition can be deemed
consistent with all elements of the GMP if the mitigation is included in any recommendation
of approval.
8. Whether the proposed change will create a drainage problem;
The proposed rezone will not create drainage or surface water problems. The developer of
the project will be required to obtain a surface water management permit from the SFWMD
prior to approval of a local site development plan. The conceptual master p lan identifies
the conceptual location of the water management areas which will be a component of the
water management system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
If this rezone petition is approved, any subsequent development would need to comply with
the applicable LDC standards for development or as outlined in the PUD document. The
location of the proposed buildings, combined with the setbacks and project buffers will help
insure that light and air to adjacent areas will not be reduced.
10. Whether the proposed change will adversely affect property values in the adjacent area;
This is a subjective determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors including
zoning; however zoning by itself may or may not affect values, since value determination is
driven by market conditions.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
The proposed zoning change should not be a deterrent to the improvement of adjacent
properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
Page 19 of 419
The proposed development complies with the Growth Management Plan which is a public
policy statement supporting zoning actions when they are consistent with said
Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant
of special privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
The subject property could be developed within the parameters of the existing zoning
designations; however, the petitioner is seeking this rezone in compliance with LDC
provisions for such action. The petition can be evaluated and action taken as deemed
appropriate through the public hearing process. Staff believes the proposed rezone meets
the intent of the PUD district, if staff’s conditions of approval are adopted, and further,
believes the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
The petitioner proposes to develop a large, multi-faceted, mixed use development on 2,262±
acres. The new non-residential uses will be located nearer to the intersection of Rattlesnake
Hammock and CR 951, which is consistent with the current non-residential use trend in the
area, and consistent with the proposed GMPA. Residential uses will be located west of the
proposed public right of way reservation in the northern portion of the project and along
both sides of the project in the area south of the proposed Rattlesnake Hammock extension.
Preserve areas are located on the eastern project perimeter. The overall project density of
0.78 units per acre makes the project a low density project. The project has been evaluated
for compliance with the GMP and found to be consistent with the GMP requirements, as
amended, if staff’s conditions of approval are adopted. The GMP is a policy statement,
which has evaluated the scale, density, and intensity of land uses deemed to be acceptable
throughout the urban-designated areas of Collier County. Staff is of the opinion that the
development standards and the developer commitments will ensure that the project is not
out of scale with the needs of the community if the staff stipulations are adopted.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
The petition was reviewed on its own merit for compliance with the GMP and the LDC; and
staff does not review other sites in conjunction with a specific petition. The proposed rezone
is consistent with the GMP as it is proposed to be amended as discussed in other portions of
the staff report.
16. The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
Most new development anticipated by the PUD document would require considerable site
alteration. This project will undergo extensive evaluation relative to all federal, state, and
local development regulations during the site development plan or platting approval process
Page 20 of 419
and again later as part of the building permit process.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management Plan and
as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as
amended.
This petition has been reviewed by county staff that is responsible for jurisdictional elements
of the GMP as part of the rezone process and those staff persons have concluded that no
Level of Service will be adversely impacted with the commitments contain ed in the PUD
document and the DRI DO.
18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC)
shall deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
Page 21 of 419
Hacienda Lakes MPUD (PDI)
PL20250013644
HEX Hearing Backup
Application and Supporting Documents
Page 22 of 419
November 25, 2025
Client Services
Collier County Growth Management Department
2800 North Horseshoe Drive
Naples, FL
RE: Hacienda Lakes MPUD (PDI) - PL20250013644, Submittal 1
Dear Client Services:
An application for Public Hearing for an Insubstantial Change to a PUD (PDI) is being filed
electronically for review. The applicant is proposing to modify Table II in Exhibit B, Development
Standards of Ordinance 2011-41 the Hacienda Lakes MPUD to reduce the required yard setbacks
from 25 feet to 15 feet for Tracts A and B of the Cadenza of Hacienda Lakes Naples (Plat Book 74,
Pages 16-20).
Documents filed with submittal 1 include the following:
1. Cover Letter
2. Application
3. Preapp Waiver
4. Project Narrative
5. Ordinance 2011-41
6. Proposed PUD Revision
7. Warranty Deed(s)
8. Legal Description
9. Plat Book 74 Pages 16-20
10. Affidavit of Authorization
11. Addressing Checklist
12. Property Ownership Disclosure
13. Location Map
Please feel free to contact me should you have any questions.
Sincerely,
Pape-Dawson
D. Wayne Arnold, AICP
c: Hacienda Lakes of Naples, LLC
Pape-Dawson File (25-773)
Page 23 of 419
Insubstantial Change to PUD (PDI) 4/12/24 Page 1 of 4
Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400
www.colliercountyfl.gov
APPLICANT CONTACT INFORMATION
DETAIL OF REQUEST
Pursuant to LDC subsection 10.02.13, a PUD insubstantial change includes any change that is not
considered a substantial or a minor change. A PUD insubstantial change to an approved PUD
ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.2 and shall require
the review and approval of the Hearing Examiner or Planning Commission. The approval shall be
based on the findings and criteria used for the original application.
Name of Property Owner(s):
Name of Applicant if different than owner:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Name of Agent:
Firm:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
On a separate sheet, attached to the application, describe the insubstantial change request.
Identify how the request does not meet the PUD substantial change criteria established in LDC
subsection 10.02.13 E.
INSUBSTANTIAL CHANGE to PUD (PDI)
LDC Section 10.02.13
Chapter 3.E of the Administrative Code
Need Help?
GMCD Public Portal
Online Payment Guide
E-Permitting Guides
Page 24 of 419
Insubstantial Change to PUD (PDI) 4/12/24 Page 2 of 4
PUD NAME: ORDINANCE NUMBER:
FOLIO NUMBER(S):
Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be
graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD,
provide a legal description for subject portion.
Yes No
Yes No
Attach on a separate sheet, a written description of the map or text change.
Does amendment comply with the Growth Management Plan?
If no, please explain:
Has a public hearing been held on this property within the last year?
If yes, in whose name?
Has any portion of the PUD been SOLD and/or DEVELOPED?
Are any changes proposed for the area sold and/or developed? Yes No
If yes, please describe on an attached separate sheet.
Page 25 of 419
Insubstantial Change to PUD (PDI) 4/12/24 Page 3 of 4
SUBMITTAL REQUIREMENTS
The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Pre-Application Meeting notes
Project Narrative, including a detailed description of proposed changes
and why amendment is necessary
Current Master Plan & 1 Reduced Copy
Revised Master Plan & 1 Reduced Copy
Revised Text and any exhibits
PUD document with changes crossed through & underlined
PUD document as revised with amended Title Page with Ordinance #
Warranty Deed
Legal Description of area of amendment
Boundary survey, no older than 6 months, if boundary of original PUD is amended
If PUD is platted, include plat book pages
Affidavit of Authorization, signed & notarized
Completed Addressing Checklist , no older than 6 months
Property Ownership Disclosure Form
Copy of 8 ½ in. x 11 in. graphic location map of site
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all materials
to be submitted electronically in PDF format.
If located in Immokalee or seeking affordable housing, include an additional set of
each submittal requirement.
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.
Page 26 of 419
Insubstantial Change to PUD (PDI) 4/12/24 Page 4 of 4
FEE REQUIREMENTS
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
School District (Residential Components): Bayshore/Gateway Triangle Redevelopment:
Executive Director
Utilities Engineering: Parks and Recreation:
Emergency Management: Naples Airport Authority
Conservancy of SWFL: Immokalee Water/Sewer District:
City of Naples: Other:
PUD Amendment Insubstantial (PDI): $1,500.00
Pre-Application Meeting: $500.00
Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00
Same fee applies if the petition is referred to the Collier County Planning Commission, where the
CCPC serves as the deciding authority instead of the HEX.
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set
forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood
Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing.
Please submit the completed application online via GMCD Public Portal.
If you need assistance submitting the application or help with payment online, please review the
E-Permitting Guides and Online Payment Guide.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this
checklist is included in this submittal package. I understand that failure to include all necessary submittal
information may result in the delay of processing this petition.
Agent/Owner Signature Date
Applicant/Owner Name (please print)
Page 27 of 419
1
Sharon Umpenhour
From:Michael Bosi <Michael.Bosi@collier.gov>
Sent:Wednesday, November 19, 2025 9:25 AM
To:Wayne Arnold; Ray Bellows
Cc:Michael Grill; Sharon Umpenhour
Subject:RE: NCH College of Medicine
Wayne,
Please consider this e-mail as authorization to move forward without a pre-application meeting for the referenced
PDI application for Hacienda.
Sincerely,
mike
Michael Bosi
Division Director - Planning & Zoning
Zoning
Office:239-252-1061
Mobile:239-877-0705
2800 North Horseshoe drive
Naples, Florida 34104
Michael.Bosi@collier.gov
My email address has changed. Effective immediately, please update your contact
list to use this new address: Michael.Bosi@collier.gov
From: Wayne Arnold <WArnold@gradyminor.com>
Sent: Wednesday, November 19, 2025 9:10 AM
To: Michael Bosi <Michael.Bosi@collier.gov>; Ray Bellows <Ray.Bellows@collier.gov>
Cc: Michael Grill <mgrill@aureatedev.com>; Sharon Umpenhour <SUmpenhour@gradyminor.com>
Subject: NCH College of Medicine
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,
We are in the process of designing the site and will unfortunately need to revise the Hacienda Lakes PUD development
standards table to allow for a reduced setback from the east and west property lines of the tract that will house the
college. The minimum setback for the commercial tract is 25’ per the PUD but to accommodate the design for the
building we will need to reduce the side setback to 15’. I believe that a PDI is the appropriate mechanism, unless you
can think of some other administrative remedy. If the PDI is the appropriate process, can you please waive the pre-
application meeting so we can submit immediately for the PDI? As you are aware, the college is on a tight schedule to
deliver the college so we will also be requesting an expedited review based on the economic incentive package
approved by the County Commission last week. Please let me know your thoughts. Thank you,
Page 28 of 419
2
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 29 of 419
Hacienda Lakes MPUD
Project Narrative
November 20, 2025
The proposed insubstantial change to the Hacienda Lakes of Naples MPUD is being requested to
reduce the building setback for Tract ‘A’ and ‘B’ of the Cadenza at Hacienda Lakes of Naples Plat
(PB74, PGS 16-20).
The Naples College of Osteopathic Medicine is proposed to be located on the Commercial Tract
within the Hacienda Lakes Mixed Use Planned Unit Development. Because of the nature of the
proposed medical school, the architectural building footprint has certain minimum standards to
provide for classroom and laboratory needs. The minimum setbacks per the Hacienda Lakes MPUD
are 25 feet from each property boundary. The medical college footprint can fit on the subject platted
property but only with a reduction in building setback from 25 feet to 15 feet for the east and west
property boundaries. The reduction in the building setback will have no detrimental impact to
surrounding properties. To the west, the property is separated from the future Costco Warehouse
Club by a 170 foot wide Florida Power and Light easement. To the east, the property is separated
from the Ekos Cadenza Senior Living apartments by a shared access drive, Cadenza Road, and the
parking lot for the Ekos Cadenza apartments. The site will continue to provide the required landscape
buffers on both parcel boundaries.
The Naples College of Osteopathic Medicine has been approved by Collier County to receive six
million dollars in economic incentives due to the job creation and overall economic impact to Collier
County. It is estimated that the medical college will create nearly two billion dollars in economic
impacts over the next 20 years. The small reduction in setbacks for the east and west parcel
boundaries is essential to the ability of the medical school to be established on a shovel ready site
in Collier County.
Insubstantial Change Criteria LDC Subsection 10.02.13 E.1
E. Changes and amendments. There are three types of changes to a PUD Ordinance:
Substantial, Insubstantial, and Minor. Language changes to a previously approved PUD
document shall require the same procedure as for amending the official zoning atlas, except
for the removal of a commitment for payment towards affordable housing which is
considered to be a minor change as described in Section 10.02.13 E.3.c.
1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall
require the review and recommendation of the Planning Commission and approval by the
Board of County Commissioners as a PUD amendment prior to implementation. Applicants
shall be required to submit and process a new application complete with pertinent
supporting data, as set forth in sections 10.02.13 A and B. For the purpose of this section, a
substantial change shall be deemed to exist where:
The request meets all review criteria for an insubstantial change to the MPUD. A
Neighborhood Information Meeting will be held prior to the Hearing Examiner
Public Meeting.
Page 30 of 419
Hacienda Lakes MPUD (PL2025
25-773 Project Narrative.docx
November 20, 2025
Page 2 of 3
a. There is a proposed change in the boundary of the PUD; or
No
b. There is a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development;
No
c. There is a proposed decrease in preservation, conservation, recreation or open space
areas within the development not to exceed 5 percent of the total acreage previously
designated as such, or 5 acres in area;
No.
d. There is a proposed increase in the size of areas used for nonresidential uses, to include
institutional, commercial and industrial land uses (excluding preservation, conservation or
open spaces), or a proposed relocation of nonresidential land uses;
No.
e. There is a substantial increase in the impacts of the development which may include, but
are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on
other public facilities;
No.
f. The change will result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers;
No, use is permitted.
g. The change will result in a requirement for increased stormwater retention, or will
otherwise increase stormwater discharges;
No.
h. The change will bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use;
No impact will result to an abutting land use. The parcel is separated from the
future Costco site to the west by a 170-foot-wide FP&L easement. To the east the
parcel is separated from the senior rental apartment complex by Cadenza Road,
a shared access easement, and the facility’s parking lot.
i. Any modification to the PUD master plan or PUD document or amendment to a PUD
ordinance which is inconsistent with the future land use element or other element of the
growth management plan or which modification would increase the density or intensity of
the permitted land uses;
No.
Page 31 of 419
Hacienda Lakes MPUD (PL2025
25-773 Project Narrative.docx
November 20, 2025
Page 3 of 3
j. The proposed change is to a PUD district designated as a development of regional impact
(DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination
and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets
the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly
do not create a substantial deviation shall be reviewed and approved by Collier County under
this section 10.02.13 of this Code; or
No, DRI amendment not required.
k. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impact(s) any consideration deemed to be a substantial modification as
described under this section 10.02.13
The proposed revision is limited to the Development Standards (Exhibit B, Table
II) concerning yard setbacks on the east and west property lines of Tracts A and
B of the Cadenza at Hacienda Lakes of Naples Plat, located within the
commercial portion of the PUD.
Page 32 of 419
g1Q117^
t9z4b°
N
l ORDINANCE NO. 11- 41pJ
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
9ZSZVS NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR COLLIER
COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM THE AGRICULTURAL (A) AGRICULTURAL- SPECIAL
TREATMENT OVERLAY (A -ST) AND PUD ZONING DISTRICT
SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT
KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A
MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL
COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF
PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A
CONVERSION OF RETAIL USE TO PROFESSIONAL AND
MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A
CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE FEET
OF BUSINESS PARK OR EDUCATION FACILITY; A PUBLIC
SCHOOL; CONTINUATION OF EXISTING "SWAMP BUGGY”
ATTRACTION AND "JUNIOR DEPUTY" PASSIVE RECREATION;
AND A MAXIMUM OF 1,760 RESIDENTIAL DWELLING UNITS
INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK
AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED
LIVING AND NURSING CARE. THE SUBJECT PROPERTY,
CONSISTING OF 2,262 +/- ACRES IS LOCATED ON THE EAST SIDE
OF COLLIER BOULEVARD (C.R. 951) AT THE INTERSECTION OF
COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD
AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS
11, 12, 13, 14, 23, 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27
EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL
OF ORDINANCE NUMBER 84 -26 FOR SWAMP BUGGY GROUNDS;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of RWA, Inc., Robert Mulhere of Mulhere and Associates
and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing
Hacienda Lakes of Naples, LLC, petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property.
Hacienda Lakes of Naples LLC
PUDZ-2006-AR- 10 146 Page 1 of
BCC Approved 10/25/11
Page 33 of 419
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 Sections 11, 12,
13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50
South, Range 27 East, Collier County, Florida, is changed from the Agricultural (A),
Agricultural- Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days
PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for
the 2,262 +/- acre project to be known as the Hacienda Lakes MPUD, to allow a maximum of
327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of
professional and medical office space; 135 hotel rooms; 140,000 gross square feet of business
park or education facility; continuation of existing "swamp buggy" attraction and "Junior
Deputy" passive recreation; and a maximum of 1,760 residential dwelling units in accordance
with the Hacienda Lakes MPUD Document, attached hereto as Exhibits "A" through "G" 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:
Ordinance No. 84 -26, the Swamp Buggy PUD, is hereby repealed.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super- majority vote of the Board of County
Commissioners of Collier County, Florida, this 25`h day of October, 2011.
ATTEST:
D WICcI (CLERK
t.
By:
PU DZ- 2006 -Ak -16 i 4-6'--
BCC Approved 10/25/11 .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Page 2 of 3
FRED W. COYLE, Ch&rinan
Page 34 of 419
Approved as to form
and legal sufficiency:
i ', ,4- - - 0((2
Heidi Ashton -Cicko
Assistant County Attorney
Section Chief, Land Use /Transportation
Attachments: Exhibit A – Permitted Uses
Exhibit B – Development Standards
Exhibit C – Master Plan
Exhibit D – Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - List of Owner Commitments
Exhibit G – Master Use and Conversion List
CP\ ] 0- CPS - 01024\ 118
This ordinance s! ,,' with
Secretary of ., ll3i?t day of
and acknowledgeme pf that
filinga received ti,isi day
of
py- - Deputy lerlc
Hacienda Lakes of Naples LLC
PUDZ- 2006 -AR -10146 Page 3 of 3
BCC Approved 10/25/11
Page 35 of 419
EXHIBIT A
PERMITTED USES
PROJECT LAND USE TRACTS
TRACT TYPE UNITS. ACREAGE+
TRACT "R" RESIDENTIAL 1,714 447.86
TRACT "R/MU" RESIDENTIAL/MEDICAL USE 25 min.* 38.82
TRACT "BP" BUSINESS PARK 1 35.38
TRACT "C" COMMERCIAL 17 min.* 34.16
TRACT "A" ATTRACTION 1 47.27
TRACT "P" PRESERVE 0 1,544.14
TRACT "PF" PUBLIC FACILITY 0 1.33
TRACT "JD" JUNIOR DEPUTY 2 21.62
TRACT "ROW" PUBLIC RIGHT -OF -WAY 0 72.01
TRACT "S" SCHOOL 0 19.55
Total 1,760 2262.14
Denotes the minimum number of dwelling units that must be constructed in the associated land use tract.
Given that Tract C may generate up to 55 residential dwelling units, thirty (30 %) percent of those
residential units (17 units) must be constructed in Tract C. Tract R/MU is required by this document to
have no less than 25 residential dwelling units constructed within that Tract. The balance of the
residential dwelling units generated from Tract C (13 units) must be constructed in either the R/MU Tract,
or on a portion of Tract R, within one -third of one mile of the boundary of Tract C.
GENERAL PERMITTED LAND USES
Streets, alleys, water management facilities and structures, utilities and other infrastructure
improvements are generally permitted anywhere within this MPUD except for in the P, Preserve
Tract.
II TRACT "R ". RESIDENTIAL PERMITTED USES:
Up to 1,760 residential units consisting of single family units and multi- family units are permitted in
the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family, as defined in the
LDC. Residential units may be converted to senior housing units or recreational vehicle (RV) units,
where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon
conversion, the residential units shall be reduced according to the Land Use Conversion Factors in
Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
Single family detached dwellings;
2. Zero lot line, detached dwellings;
Two - family and duplex dwellings;
4. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
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Multi- family dwellings;
Senior housing for persons over age 55, limited to independent living facilities,
assisted living facilities, skilled nursing facilities, and continuing care retirement
communities. Senior housing facilities shall not be considered residential land uses
for the purposes of density, but shall be derived from conversion from residential
units in accordance with the Land Use Conversion Factors in Exhibit B. These land
uses shall be developed in accordance the development standards set forth in Table
II of Exhibit B. In no instance shall greater than 450 senior housing units be
developed in the entire MPUD;
7. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the BZA, by the process outlined in the
LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
I. Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
2. Model homes and model home centers including offices for project administration,
construction, sales and marketing, apartment rental, as well as resale and rental of
units within the MPUD in perpetuity (group 6531);
Recreational facilities and structures to serve the PUD, including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests;
4. Horse stables and related equestrian facilities to serve the PUD that complement the
MPUD's proximity to the Picayune Strand State Forest may be allowed on
residential lands lying east of the proposed north /south public roadway, subject to
applicable permitting. This private, non - commercial, accessory use is intended for
stabling for residents of the PUD. Horse racing, dressage, or horse jumping events
open to the public are prohibited;
Private stables on single - family lots greater than 43,560 square feet in lot area, on
residential lands lying east of the proposed north/south public roadway are permitted
to allow one horse for each 21,780 square feet of lot area;
6. Horse trails.
III TRACT "RV ":
Up to 290 RV units are allowed only if residential units are converted to RV in accordance with the
Land Use Conversion Factors in Exhibit B. No building or structure, or part thereof, shall be
erected, altered or used, or land used, in whole or part, other than the following:
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A. Principal Uses:
Recreational vehicle parks (Group 7033, recreational vehicle parks only), subject to
the criteria contained in Exhibit B, and only in the location depicted on Exhibit C.
In no instance shall greater than 290 Recreational Vehicle units be developed in the
entire MPUD. Except as provided herein, the RV District shall comply with the
Land Development Code (LDC) including Sections 2.03.031 and 5. 5.10.
B. Accessory Uses:
Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
2. Recreational facilities and structures to serve the PUD, including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests;
IV TRACT "R/MU ", RESIDENTIAL/MEDICAL USE PERMITTED USES:
Up to 1,760 residential units consisting of single family units and multi - family units are permitted in
the entire PUD. No more than 1,232 units in the entire PUD shall be multi - family as defined in the
LDC. The residential units may be converted to senior housing units, where permitted, in
accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential
units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50,000
square feet of gross floor area of medical office related land uses are also allowed in this tract, less
up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or
SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this
PUD.
No building or structure, or part thereof, shall be erected, altered or uses, or and used, in whole or in
part, for other than the following:
A. Principal Uses:
Single family detached dwellings;
Zero lot line, detached dwellings;
Two - family and duplex dwellings;
4. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
Multi - family dwellings;
Senior housing for persons over age 55, limited to independent living facilities,
assisted living facilities, skilled nursing facilities, and continuing care retirement
communities. Senior housing facilities shall not be considered residential land uses
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for the purposes of density, but shall be derived from conversion from residential
units in accordance with the Land Use Conversion Factors in Exhibit B. These land
uses shall be developed in accordance the development standards set forth in Table
II of Exhibit B In no instance shall greater than 450 senior housing units be
developed in the entire MPUD.
7. Drug Stores and Proprietary Stores (Group 5912). If this retail use is developed in
the R/MU Tract then the square footage of gross floor area of this retail use shall
reduce the square footage of gross floor area of retail uses permitted in Tract C.;
8. Health Services, (Groups 8011 -8049, 8071 -8072, 8082, and 8092 - 8099);
9. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by
the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with principal uses permitted
in this land use tract, including swimming pools, spas, docks, boat houses, and
screen enclosures, recreational facilities designed to serve the development;
Model homes and model home centers including offices for project administration,
construction, sales and marketing;
Recreational facilities and structures to serve the PUD including clubhouses, health
and fitness facilities, pools, meeting rooms, community buildings, boardwalks,
playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve
the residents of the PUD and their guests.
V TRACT `BP" BUSINESS PARK PERMITTED USES:
Up to 140,000 square feet of gross floor area of business park land uses, and a hotel of up to 135
rooms capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C.
However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of
business park land uses could be exceeded if a hotel conversion to business park of up to 60,000
square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the
business park and hotel land uses, a school may be developed. If a hotel is constructed on Tract C or
BP, based on an approved plat or SDP, then the hotel conversion shall terminate.
Tract "BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy
land uses and facilities. This acreage is meant to provide for a transition from the Attraction land
uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be
developed for either a business park or a school. If the Tract is developed as a school, only those
uses permitted in Section XI below shall be allowed. Should the 35.38 acre tract be proposed for
development as a business park, no building or structure, or part thereof, shall be erected, altered or
used, or land used, in whole or in part, for other than the following:
A. Principal Uses:
Apparel and other finished products (groups 2311- 2399);
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2. Building construction (groups 1521- 1542);
3. Business services (group 7311);
4. Communications (groups 4812 -4899, including communication towers limited in
height to 100 feet);
5. Construction: Special trade contractors (groups 1711- 1799);
6. Depository and non - depository institutions (groups 6081, 6082);
7. Drugs and medicines (groups 2833 - 2836);
8. Eating places (group 5812, not including fast foods, walk -up windows and drive -
thru restaurants);
9. Educational services (groups 8221- 8299);
10. Electronics and other electrical equipment manufacturing, indoor only (groups 3612-
3699);
11. Engineering, accounting, research, management, and related services (groups 8711-
8748);
12. Food manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098,
2099);
13. Furniture and fixtures manufacturing (groups 2511- 2599);
14. Government offices /buildings (groups 9111 -9222, 9224 -9229, 9311, 9411 -9451,
9511 -9532, 9611- 9661);
15. Health services (groups 8011- 8049);
16. Industrial and commercial machinery and computer equipment (groups 3524, 3546,
3571 - 3579);
17. Industrial inorganic chemicals (groups 2833, and 2844);
18. Job training and vocational rehabilitation services (group 8331);
19. Leather and leather products (groups 3131- 3199);
20. Measuring, analyzing, and controlling instruments; photographic, medical and
optical goods; watches and clocks manufacturing (groups 3812- 3873);
21. Medical laboratories and research and rehabilitative centers (groups 8071, 8072,
8092,8093);
22. Miscellaneous manufacturing industries (groups 3911- 3999);
23. Motion picture production (groups 7812- 7819);
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24. Motor freight transportation and warehousing ( group 4225, mini- and self- storage
warehousing only), subject to the following criteria:
i. The use of metal roll -up garage doors located on the exterior of the perimeter
buildings and walls of buildings which are visible from a public right -of -way is
prohibited; and
ii. Access to individual units whether direct or non - direct must be from the side of
the building that is oriented internally;
iii. No building shall exceed 100 feet in length when adjacent to a residential tract
within the MPUD;
iv. No outdoor storage of any kind is permitted, and
v. Storage units shall be utilized for storage purposes only.
25. Printing, publishing and allied industries (groups 2711- 2796);
26. Rubber and miscellaneous plastic products (groups 3021, 3052, 3053);
27. Security/commodity brokers (group 6211);
28. Transportation equipment (groups 3714, 3716, 3732, 3751, 3792, 3799);
29. U.S. Postal Service (group 4311);
30. Wholesale trade durable goods (groups 5021, 5031, 5043 -5049, 5063 -5078, 5091,
5092, 5094 - 5099);
31. Wholesale trade non durable goods (5111 -5153, 5181, 5182, 5191, except that
wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a
minimum of 500 feet from a residential tract within the MPUD, 5192 - 5193);
32. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals.
B. Limited Principal Uses:
The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business
Park tract:
Business services (7312, 7313, 7319, 7331, 7334 -7336, 7342, 7349, 7352, 7361, no
labor pools, 7371 -7384, 7389);
2. Child day care services (group 8351);
3. Depository and non - depository institutions (groups 6021 -6062, 6091, 6099, 6111-
6163);
4. Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with
health service groups and medical laboratories /research /rehabilitative groups;
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Hotels (group 7011) up to 135 rooms, capped at 92,000 square feet of gross floor
area if a hotel is not developed in Tract C. Hotel square footage does not reduce the
business park square footage cap. If the hotel conversion is applied to Tract BP, then
a hotel is not permitted;
6. Membership organizations (group 8611); business associations (group 8621);
professional organizations (8631); labor unions and similar labor organizations;
7. Personal services (groups 7215 -7231, 7241);
8. Physical fitness facilities and bowling centers (groups 7991, 7933);
9. Professional offices; insurance agencies (group 6411); insurance carriers (groups
6311 - 6399); real estate (6531, 6541, 6552, 6553); holding and other investment
offices (groups 6712- 6799); attorneys (group 8111);
10. Travel agencies (group 4724).
C. Uses Accessory to Principal and Limited Uses:
1. Uses and structures that are accessory and incidental to uses permitted as of right;
2. One (1) caretaker's residence within Tract BP, Business Park Tract, subject to the
following:
i. The residence shall be constructed as an integral part of the principal structure
and shall be entered from within the principal structure. Exits required to comply
with fire code shall be permitted;
ii. The caretaker's residence shall be an accessory use and shall be for the exclusive
use of the property owner, tenant, or designated employee operating or
maintaining the principal structure;
iii. Off - street parking shall be as required for a single - family residence.
3. For primary business park uses, retail sales and/or display areas as accessory to the
principal uses shall not exceed an area greater than 20 percent of the gross floor area
of the permitted principal use and is further subject to retail standards for
landscaping, parking and open space.
VI TRACT "C" COMMERCIAL PERMITTED USES:
Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross
floor area of professional and medical office uses reduced by medical- related retail use square
footages approved by SDP in Tract R/MU and reduced by up to 50,000 square feet of gross floor
area of professional and medical office land use square footages approved by plat or SDP in Tract
R/MU. The 70,000 square feet of professional and medical office may be exceeded if the retail land
uses are converted to office thereby reducing the retail square footage, not to exceed 25% of the
retail land use allocation. Additionally, a hotel of up to 135 rooms and up to 92,000 square feet of
gross floor area shall be allowed in Tract C unless a hotel is developed within Tract BP or if the hotel
use is converted to BP uses in Tract BP based on an approved plat or SDP.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
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A. Principal Uses:
1. Single family attached dwellings, (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
2. Multi - family dwellings;
3. Residential land uses integrated into commercial buildings with residential units
located above commercial land uses to create a mixed -use building;
4. Accounting, auditing and bookkeeping services (group 8721);
5. Adjustment and collection services (group 7322);
6. Advertising agencies (group 7311);
7. Advertising — miscellaneous (group 7319);
8. Amusements and recreation services, indoor (groups 7911 -7922, 7991, 7993, 7999,
only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and
golf cart rentals);
9. Apparel and accessory stores with (groups 5611- 5699);
10. Auto and home supply stores (groups 5211 -5261, and 5531);
11. Automotive dealers, not elsewhere classified (group 5599);
12. Automobile parking (group 7521), including garages - automobile parking, parking
structures, no towing yards;
13. Automotive repair, services and parking (groups 7513 — 7533, 7536 - 7549);
14. Barber shops (group 7241), except barber schools;
15. Beauty shops (7231), except beauty schools;
16. Boat dealers (5551);
17. Bookkeeping services (8721);
18. Bowling centers, indoor (7933);
19. Building construction — General contractors (groups 1521 — 1542);
20. Building materials, hardware and garden supplies (groups 5211- 5261);
21. Business associations (group 8611);
22. Business consulting services (group 8748);
23. Business credit institutions (groups 6153- 6159);
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24. Business services (groups 7311 -7353, 7359, except labor contractors, 7371 -7379,
7381 except armored car and dog rental, 7382 -7389 except auctioneering service,
automobile recovery, automobile repossession, batik work, bottle exchanges,
bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, 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, press clipping service, repossession service, rug
binding, salvaging of damaged merchandise, scrap steel cutting and slitting,
shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture
designers, textile folding, tobacco sheeting and window trimming service);
25. Cable and other pay television services (group 4841);
26. Senior housing for persons over age 55, limited to independent and assisted living
facilities, continuing care retirement communities, and nursing homes. This housing
is included in the retail square foot limitation and no greater than 450 senior housing
units shall be developed in this entire MPUD;
27. Child day care services (8351);
28. Commercial printing (2752, excluding newspapers);
29. Civic, social and fraternal associations (group 8641);
30. Coin operated amusement devices, indoor (group 7993);
31. Communications (groups 4812 -4841) including communications towers up to
specified height, subject to LDC Section 5.05.09;
32. Construction — special trade contractors (groups 1711 — 1793, 1796, 1799);
33. Dance studios, schools and halls (group 7911);
34. Drug stores (group 5912);
35. Depository institutions (groups 6011- 6099);
36. Eating and drinking establishments (group 5812, and group 5813) excluding bottle
clubs. Outdoor amplified sound is prohibited;
37. Educational services (groups 8221, 8222, 8243 — 8249);
38. Engineering, accounting, research, management and related services (groups 8711-
8748);
39. Food stores (groups 5411 - 5499);
40. Gasoline service stations (group 5541 subject to LDC requirements);
41. General merchandise stores (groups 5311, 5331 - 5399);
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42. Glass and glazing work (1793);
43. Health services (groups 8011 -8049, 8051 -8059, 8071 -8072, 8082 and 8092 - 8099);
44. Home furniture, furnishing, and equipment (groups 5712 - 5736);
45. Hotels and motels (groups 7011, 7021, and 7041) only if a hotel is not built in Tract
BP and the hotel conversion is not applied to Tract BP;
46. Insurance carriers, agents and brokers (groups 6311 -6399, 6411);
47. Landscape architects, consulting and planning (group 0781);
48. Legal services (group 8111);
49. Libraries (group 8231);
50. Management and public relations services (groups 8741 -8743, 8748);
51. Membership organizations (8611- 8699);
52. Membership sports and recreation clubs, indoor (group 7997);
53. Miscellaneous personal services (7291, 7299, debt counseling only);
54. Miscellaneous repair services (groups 7622 — 7699);
55. Miscellaneous retail (groups 5912 -5963, 5992 - 5999);
56. Motion picture theaters (group 7832);
57. Motorcycle dealers (group 5571);
58. Motor freight transportation and warehousing (group 4225 mini- and self - storage
warehousing only);
59. Museums and art galleries (group 8412);
60. Non - depository credit institutions, and loan brokers (groups 6111- 6163);
61. Offices for engineering, architectural, and surveying services (groups 0781, 8711-
8713);
62. Paint, glass and wallpaper stores (5231);
63. Passenger car leasing (group 7515);
64. Passenger car rental (group 7514);
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65. Personal services (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7217, 7219, 7221 -7251, no beauty or barber schools, 7261 except crematories, 7291,
7299, excluding massage parlors, escort services, steam baths, Turkish baths and
tattoo parlors);
66. Photographic studios (7221);
67. Physical fitness facilities (7991);
68. Political organizations ( group 8651);
69. Printing, publishing, and allied industries (groups 2711, 2721);
70. Professional membership organizations (group 8621);
71. Public Administration (groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532,
9611- 9661);
72. Public or private parks and playgrounds;
73. Public relations services (group 8743);
74. Radio, television, and consumer electronics stores (group 5731);
75. Radio and television broadcasting stations (groups 4832, and 4833);
76. Real estate (group 6512, 6531- 6552);
77. Record and prerecorded tape stores (group 5735), excluding adult oriented rentals
and sales;
78. Recreational vehicle dealers (group 5561);
79. Religious organizations (group 8661);
80. Research, development, and testing services (group 8731- 8734);
81. Retail nurseries, lawn and garden supply stores (group 5261);
82. Security and commodity brokers, dealer, exchanges and services (groups 6211-
6289);
83. Theatrical producers and miscellaneous theatrical services, indoor (groups 7922-
7929);
84. Tour operators (group 4725);
85. Travel agencies (group 4724);
86. United States Postal Service (43 11 except major distribution center);
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87. Veterinary services (groups 0742, 0752 excluding outside kenneling);
88. Videotape rental (7841), excluding adult oriented rental and sales;
89. Vocational schools ( groups 8243 - 8299);
90. Any other commercial use which is comparable in nature with the foregoing list of
permitted uses and consistent with the purpose and intent statement of the district as
determined by the Board of Zoning Appeals.
A. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
Parking facilities and signage;
2. Eating/ Picnic Area;
3. One (1) caretaker's residence within the C, Commercial Tract;
4. Child care, outdoor play areas. Where play areas are constructed as an accessory use
to a permitted use, the following conditions shall apply:
a. A minimum five -foot, six -inch high reinforced fence shall be installed on all
sides of the play area which are not open to the principal structure;
b. Ingress to and egress from the play area shall be made only from the principal
structure, however an emergency exit from the play area shall be provided
which does not empty into the principal structure;
c. The play equipment shall be set back a minimum distance of five feet from the
required fence and from the principal structure.
5. Kiosks, that are small separate structures, often movable and open on one or more
sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks
shall not to exceed 200 square feet.;
VII TRACT "A" ATTRACTION PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
Swamp Buggy" race track (group 7948, swamp buggy track only);
2. County fair and similar expositions, including circuses, carnivals, and other
recreation/entertainment activities;
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3. Exhibition hall /community center;
4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor
recreational sports and activities and shall not be limited in the number of
occurrences;
5. Indoor target ranges, including archery;
6. Stock car, monster trucks, and motorized vehicle race track (group 7948, motorized
vehicle race track only);
7. Motocross (including bicycle and motorcycle) race course (group 7948, motocross
race course only);
8. Stadium, training, and practice facilities for professional baseball (group 7941). This
use is allowed only if a Notice of Proposed Change or Substantial Deviation
Application for Development Approval is processed in accordance with Section
380.06, F.S., or any successor statute, and the Hacienda Lakes DRI is amended. If
state law changes such that DRI review or other state review is no longer required
then this provision shall terminate;
9. Administrative offices and supportive service facilities;
10. Any other use or structure that is comparable in nature to the foregoing and that is
approved by the Board of Zoning Appeals.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
Any accessory uses and structures that are incidental to and customarily associated
with those uses permitted herein;
2. Onsite water management, utility, and service facilities;
3. Signs as permitted or required by the applicable Collier County Land Development
Code at the time of application for construction permits;
4. Residential facilities (one (1) residential unit within the A, Attraction Tract) for
housing of security personnel or caretakers whose work requires residence on the
property;
5. Concessions, ticketing, bleachers, and other spectator- related facilities;
6. Picnicking and playground areas, as well as areas for camping that may be utilized
only three days prior to, during, and three days after a major event weekend.
C. Conditional Uses:
1. Fuel storage and related facilities.
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VIII TRACT "P" PRESERVE PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses
1. Upland preserves;
2. Wetland preserves;
B Accessory Uses and Structures
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational
signs, and information kiosks;
2. Water management structures;
3. Archaeological sites and associated research of said sites.
IX TRACT "PF" PUBLIC FACILITY PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses
1. Public safety facilities intended to provide emergency medical, ground
transportation services.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Parking facilities and signage;
2. Administrative offices and support service facilities;
3. Lighting or storm water management facilities and structures.
X TRACT "JD" JUNIOR DEPUTY PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
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A. Principal Uses:
1. Open space and outdoor recreational uses, including, but not limited to
hiking, biking, fishing, boating, camping, picnicking and nature trails;
2. Sporting and recreational camps;
3. Caretaker's residence, limited to two for the JD, Junior Deputy Tract.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms,
educational signs, kiosks, and docks or platforms for launching and mooring or
storage of non- motorized vessels utilizing movable storage racks;
2. Covered camping pavilion(s) (i.e.: concrete, or similar hard surface, that is roofed,
and may, or may not be enclosed with screen/plastic sheeting, or walls), which may
include kitchen/cooking facilities, office and restroom facilities;
3. Passive parks and passive recreational uses;
4. Pervious roads, driveways, and pervious and /or impervious parking facilities;
5. Project identification and directional signage;
6. Water management structures;
7. Restrooms /bath houses;
8. Roofed or unroofed storage for maintenance and recreational equipment;
9. Fencing and security gates, which may include barbed wire;
10. Archery and air rifle range(s).
XI TRACT "S" SCHOOLS PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Schools, public or private, including Educational Services (Group 82).
Hacienda Lakes, PUDZ-2006-AR- 10 146
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B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
Educational facilities;
2. Parking facilities and signage;
Administrative offices and support service facilities;
Lighting or storm water management facilities and structures;
Recreational facilities.
XII SIGNS:
A. Seven, on- premise, ground signs shall be permitted on property corners fronting on existing,
proposed, or future public roadways as depicted and labeled "Boundary Marker" on Sheets 3
and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to
other signage allowed by Section 5.06.00 of the LDC. Each of these permitted signs shall
only contain the name of the project or any major use, insignia or motto of the entire
development (See Exhibit E, Deviation #3).
B. One real estate sign shall be permitted in the Commercial Tract for the purposes of
marketing residential products within the MPUD. This additional real estate signage may be
utilized by any of the developers of the residential communities within the MPUD (See
Exhibit E, Deviation #6).
C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock
road and Collier Boulevard shall be allowed to remain until new signage can be permitted in
Tract C. (See Exhibit E, Deviation #7)
Hacienda Lakes, PUDZ- 2006 -AR -10146
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EXHIBIT B
DEVELOPMENT STANDARDS
GENERAL:
Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and
applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan
GMP) in effect at the time of issuance of any development order, such as, but not limited to, final
subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to
which such regulations relate. Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the LDC shall apply.
Conversion of residential land use types are provided for below which may be utilized to apportion units to
senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and
their relation to public facility impacts.
Table I below, sets forth the development standards for residential land uses within the MPUD, including
residential land uses that are required to be developed in Tracts C and R/MU. 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. Figures 1 thru 7 generally depict typical development standards for the various
residential products.
Table II below, sets forth the development standards for commercial land uses, senior housing units, and
public facility land uses within the MPUD, however these standards do not apply to the Collier County
School District public schools. 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 III below, sets forth the development standards for the business park land uses and school land uses
within the MPUD, however these standards do not apply to the Collier County School District public
schools. 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 IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive
recreation land uses within the 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.
The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered
conceptual in nature. The design, location, and configuration of land improvements shall be defined at either
site development plan, or construction plans and plat approval(s).
Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual
parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association
boundaries shall not be utilized for determining development standards.
MAXIMUM DENSITY AND INTENSITY:
Residential Density: This MPUD shall be limited to 1,760 residential dwelling units (du) that equates to a
density of 0.78 dwelling units per gross acre. The 1,760 residential units are either single- or multi - family
units as defined in the LDC. No more than 1,232 multi - family units may be constructed in the entire PUD.
Caretakers residences shall be deducted from the 1,760 unit allocation. A minimum of 25 residential units
shall be constructed in the R/MU Tract, and a minimum of 17 residential units shall be constructed in Tract
C. The balance of the residential dwelling units generated from Tract C (13 units) must be constructed in
either the R/MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C.
Hacienda Lakes, PUDZ- 2006 -AR -10146
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LAND USE CONVERSION FACTORS
Residential Density: 1.0 residential unit equates to 2. 73 Recreational Vehicle units /spaces (not to exceed
290 RV units in the entire PUD), or 4 Senior Housing Units (not to exceed 450 Senior Housing Units in the
entire PUD). Up to 1,232 of the total 1,760 residential units may be multi - family as defined in the Land
Development Code.
Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses
that include 327,500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of
medical office uses, 20,000 square feet of gross floor area of general office uses, 140,000 square feet of gross
floor area of business park land uses, and 135 hotel rooms.
In no event shall the project exceed 3,328 PM Peak Hour Trips. Such maximum trip generation cap was
developed based on 327,500 gross square feet of retail land uses, 50,000 gross square feet of medical office
land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park
land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed
92,000 gross square feet, 704 single- family units, and 1,056 multi - family units. However, the hotel shall not
count against the 140,000 square foot cap associated with the business park.
Should the BP Tract not be developed as a business park but be developed as a school facility (excluding
Collier County School District public schools), such facility shall not exceed the maximum 140,000 gross
square feet allowed in that Tract.
The developer shall be allowed to convert retail land uses to office land uses at a one to one (1:1) ratio, not to
exceed 25% of the retail land use allocation, provided only if the converted use is an allowed use in the tract.
The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not
to exceed 92,000 square feet to 60,000 square feet of gross floor area of business park land uses.
All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the
overall trip and land use cap.
Senior Housing Intensity: The intensity of any senior housing project shall have a maximum Floor Area
Ratio (FAR) of 0.60. The 1,760 dwelling unit cap is only intended to limit the number of single family and
multi- family residential units, as those units are defined in the Land Development Code. The development
may include in excess of 1,760 residential units if some are developed as senior housing units. With the
exception of senior housing development in the C, Commercial Tract, senior housing units shall be
developed through the conversion of residential land uses. Residential units shall be allowed for conversion
to senior housing units based on the Land Use Conversion Factors, above. However, 1 single - family
dwelling unit equates to 1 single - family style independent living units. In no instance shall greater than 450
senior housing units be developed in the entire MPUD.
Total Project Intensity: In no event shall the project exceed 3,328 pm Peak Hour Trips.
Operational Characteristics for Senior Housing
Senior housing may be composed of one or more types of care/housing facilities. These care/housing types
are limited to independent living, assisted living, and skilled nursing units, each of which can have varying
operational characteristics. The following characteristics of senior housing care units distinguish them from
residential land uses, and all of the characteristics must be provided for and maintained to be considered a
senior housing care unit:
Hacienda Lakes, PUDZ- 2006 -AR -10146
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The facility shall be for residents 55 years of age and older;
There shall be on -site dining facilities to the residents, with food service being on -site, or catered;
Group transportation services shall be provided for the residents for the purposes of grocery and other
types of shopping. Individual transportation services shall be coordinated for the residents needs,
including but not limited to medical office visits;
There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for
planning and coordinating stimulating activities for the residents;
An on -site wellness facility shall provide exercise and general fitness opportunities for the residents.
Each unit shall be equipped with devices provided to notify emergency service providers in the event of
a medical or other emergency;
Independent living units shall be designed so that a resident is able to age in place. For example,
kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or
bathrooms may be retrofitted by adding grab bars.
Recreational Vehicle Park Criteria
Any RV Park may be located in one location as generally depicted on Exhibit C, MPUD Master Plan.
This area shall be developed either with an RV Park or residential land uses, and not be a combination of
both.
The RV Park shall be limited to Class A motorcoaches only.
In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD.
The density of the RV park shall not exceed 12 RV units for each acre of the development parcel [not
less than 20 acres].
The Lord's way shall be the principal access to Collier Boulevard (CR -951).
A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially
zoned or developed parcel.
Sign Development Standards
Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of
sign content area (See Exhibit E, Deviation #3). Each of these permitted signs shall only contain the
name of the project or any major use, insignia or motto of the entire development.
Any signage proposed for identifying the on -site Swamp Buggy Attraction land use in the
Commercial Tract may be illuminated and manually changeable so the traveling public may learn of
upcoming events in the Attraction Tract.
Any land uses permitted within the boundaries of the MPUD shall be considered on -site for the
purposes of providing for signage within the Commercial Tract.
Site Development, or Plat Approval
At the time of each development order application subsequent to rezone approval, the developer or
its successors and assigns shall submit a list of previously approved land uses (approved via site
development plan, or plat), and the trips, commercial square footage and residential units consumed
to date. Developer shall also provide to County a copy of its master list of land uses and converted
uses for this PUD with each SDP or plat application in the form attached as Exhibit G.
Hacienda Lakes, PUDZ- 2006 -AR -10146
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TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
SETBACK SINGLE ZERO LOT TWO TOWNHOUSE MULTI- CLUB RECREAT-
FAMILY LINE FAMILY/ FAMILY HOUSE/ IONAL
DETACHED DUPLEX DWELLINGS REC- VEHICLE
REATION PARKS
BLDGS
PRINCIPAL
STRUCTURES
Minimum Lot Area 4,800 SF 4,000 SF 3,500 SF per 1,800 SF per lot 1 acre 800 SF per
lot 10,000 SF space/unit
Minimum Lot Width 40' 35' 35' per lot 18'per lot or 150' 35'
unit N/A
15' or '/2 BH, 15' or 1/2 BH, 15' or 1/2 BH, 15' or % BH, 15' or '/2 BH, 15' or 1/2 BH, 15'
Minimum Distance From whichever is whichever is whichever is whichever is whichever is whichever is
MPUD Boundary greater. greater. greater. greater. greater. greater.
20', or 15' 20', or 15' 20', or 15' 20' 20' or '/2 BH, 10'
with side with side with side whichever is
Front Yard Setback load garages load garages load garages greater. N/A
Side Yard 6' 0' or 10' 0' or 6 0' or 6' 1/1 BH 5'
N/A
Rear Yard 15' 15' 15' 15' 15' or '/2 BH, 8'
whichever is
greater N/A
From Preserve 25' 25' 25' 25' 25' 25' 25
Maximum Zoned Height 35' 35' 35' 45' 75' 40'
30'
Maximum Actual Height 42' 42' 42' 50' 85' 50' 35'
Floor Area Minimum SF 1200 SF 1000 SF 1000 SF 900 SF 750 SF N/A N/A
Minimum Distance 15' or 1/2 10'
Between
12' 10' 12' 12' Yz SBH
SBH,
Principal Structures whichever is
greater
ACCESSORY
STRUCTURES
Front SPS SPS SPS SPS SPS SPS SPS
Side SPS SPS SPS SPS SPS SPS SPS
Rear 5' 5' 5' 5' 5' 10' SPS
From Preserve 10' 10' 10' 10' 10' 10' 10'
Minimum Distance 10'
Between Accessory
Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10' 0' or 10'
Minimum Distance 0' OR 10'
Between Accessory and
Principle Structures on
same lot 0' or 10' 0' or10' 0' or 10' 0' or 10' 0' or 10'
Maximum Zoned Height SPS SPS SPS 35' SPS SPS
Maximum Actual Height SPSLSPSSPSSPS35' SPS
Minimum Distance From 15' or'' /2 BH 15' or' /2 BH 15' or'' /2 BH 15' or'' /] BH 15' or %: BH 15' or'' /2 BH
MPUD Boundary" whichever is whichever is whichever is whichever is whichever is whichever is
reater reater reater eater eater eater
SPS: Same as Principal Structure
LL: Lot Line
BOC: Back Of Curb
Paseo: A pedestrian only access way to and from residences.
N /A: Not Applicable
BH: Zoned Building Height
SBH: Sum of Building Heights
Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer
Hacienda Lakes, PUDZ- 2006 -AR -10146
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General application of setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right -of -way, the setback is measured from
the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the back
of curb or edge of pavement.
Notes:
1) Structures adjacent to a lake may have no setback from the lake maintenance easement.
2) Entrance features (i.e.: guard house, clock towers and colonnades) are limited in height to no greater
than 35 feet in actual height.
3) Two or three story multi - family structures may have terraced setbacks. Terraced setbacks shall be
measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is
provided as depicted in Figure 1 below.
4) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk
closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be
provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the
referenced sidewalk.
5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida
Power and Light easement.
PPo
Figure 1
Terraced Setbacks
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 21 of 51
Page 56 of 419
PRESERVE )
5' E
STRUCTURE SETBACK
10 FOOT MINIMUM ACCESSORY -
STRUCTURE SETBACK 1 1
FROM PRESERVE I 1 15' MIN. REAR YARD PRINCIPAL
STRUCTURE SETBACK
25 FOOT MINIMUM PRINCIPAL
STRUCTURE SETBACK ACC SM. .
FROM PRESERVE 1 1
i 1
8' MIN. 12' MIN 6' MIN. 6' MIN. SIDE YARD PRINCIPAL
1 1 STRUCTURE SETBACK
1 PRINCIPAL 1
23' MIN. STRUCTURE
1
I
TYP.)
I
I
FRONT YARD PRINCIPAL I
15'
i FRONT YARD PRINCIPAL
STRUCTURE SETBACK 1
MIN. 20' MIN.- 23' MIN. I STRUCTURE SETBACK
ROW L
5' SIDEWALK- -
BACK OF CURB
10' MIN.
CENTERLINE i -
ACC. STR. - ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 2
Detached Single - Family Units
i
PRESERVE
5' MIN. REAR YARD ACCESSORY
01-1-1 STRUCTURE SETBACK
10 FOOT MINIMUM ACCESSORY - -- -- r--- ---- - - -- -
STRUCTURE SETBACK 1
FROM PRESERVE I
1 I 1
1 I 1 15' MIN. REAR YARD PRINCIPAL
STRUCTURE SETBACK
25 FOOT MINIMUM PRINCIPAL I ACC. STR. STRUCTURE SETBACK
FROM PRESERVE I 1 1 I
1 I I
10' MIN. 10' MIN, 10' MIN. _O' MIN. SIDE YARD PRINCIPAL
1 1 1 1 STRUCTURE SETBACK
1 PRINCIPAL I 1
23' MIN.
STRUCTURE
1
I
I
I
1
TYP-)
1
I
1
I
FRONT YARD PRINCIPAL I I I I T AKSTRUCTURESETBACK1I120' 213' I
IRPRI
SETBAC
15, MIN. MI . IROW MIL
5' SIDEWALK
BACK OF CURB
10' MIN.
CENTERLINE i -
ACC. STR. - ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 3
Detached Single- Family /Zero Lot Line Units
Hacienda Lakes, PUDZ- 2006 -AR -10146
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Page 57 of 419
PRESERVE
1,
5' MIN. REAR YARD ACCESSORY
i/`/ i!16C URE SMACK
10 FOOT MINIMUM ACCESSORY ---- -- --- - -I -- ---- ---
STRUCTURE SETBACK I I I 1 1
FROM PRESERVE I I i I 1 15' MIN. REAR YARD PRINCIPAL
25 FOOT MINIMUM PRINCIPAL I I I STRUCTURE SETBACK
STRUCTURE SETBACK I ACC. STR I ACC. STR
FROM PRESERVE I I 1 I I
I i I I 1 NO SIDE YARD REQUIRED FOR
ATTACHED PRINCIPAL UNITS
MIN. 12' MIN.
i 1 1 PRINCIPAL I
STRUCTURE 6' MIN. SIDE YARD PRINCIPAL
23' MIN. I I (TYP) STRUCTURE SETBACK
FRONT YARD PRINCIPAL I I
STRUCTURE SETBACK i I
15' MIN.
ROW
5' SIDEWALK —
BACK OF CURB
10' MIN.
CENTERUNE — --" —
ACC. STR. - ACCESSORY STRUCTURE
I I1.77
N
I I
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 4
Duplex and Two - Family Units
MOW
STIRUCTURE SETBACK
5' Sinn
BACK OF CURB—
CENTERLINE—
I
ACC. STIR. - ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 5
Attached Single- Family and Townhouse Units
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 23 of 51
PRESERVE
1
5' MIN. REAR YARD ACCESSORY
i STRUCTURE SETBACK
10 FOOT MINIMUM ACCESSORY 15' MIN. REAR YARD PRINCIPAL
STRUCTURE SETBACK I I I 1 STRUCTURE SETBACK
FROM PRESERVE I I I I
I
I
I I
SIDE FOR
25 FOOT MINIMUM PRINCIPAL I I ATTACHEDYPRIINC
PALI
UNITS
STRUCTURE SETBACK
FROM PRESERVE
12' 1 1
MIN. PRI IPA ST; RE PRINCIPAL
J.
STRUCTURErEE
i
MOW
STIRUCTURE SETBACK
5' Sinn
BACK OF CURB—
CENTERLINE—
I
ACC. STIR. - ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 5
Attached Single- Family and Townhouse Units
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 23 of 51
ACC. STIR. - ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 5
Attached Single- Family and Townhouse Units
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 23 of 51
Page 58 of 419
PRESERVE
TRACT UNE-
10 FOOT MINIMUM .../
J.J J _ _ — \_ _
ACCESSORY (
SE FROM PRESERVE — — — _ _ — _ _ -- — —
25 FOOT MINIMUM
PRINCIPAL STRUCTURE
SETBACK FROM PRESERVE
1/2 BUILDING HEIGHT MDU M—}
SIDE YARD PRINCIPAL
STRUCTURE SETBACK
7RACT
LINEN
5' Sic
BACK OF
ACC. STR. - ACCESSORY STRUCTURE
NOT TO SCALE
NOT DRAWN PROPORTIONALLY
Figure 6
Multi- Family Units
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11
SETBACK
15' MIN. REAR YAM
PRINCIPAL
T7 STRUCTURESETBACK
OF THE BUI DM
Page 24 of 51
Page 59 of 419
TABLE II
COMMERCIAL, INCLUDING MIXED USE BUILDINGS, PUBLIC FACILITY, AND SENIOR
HOUSING DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 SQUARE FEET N/A
MINIMUM LOT WIDTH 100 FEET N/A
MINIMUM YARDS (MEASURED FROM LOT
BOUNDARY)
25 FEET OR %: THE
BUILDING HEIGHT,
WHICHEVER IS GREATER * **
10 FEET
MINIMUM YARDS (MEASURED FROM MPUD
BOUNDARIES * * **
25 FEET 10 FEET
PRESERVE SETBACK 25 FEET 10 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
15 FT. OR %: THE SUM OF
BUILDING HEIGHTS*
10 FEET
MAXIMUM ZONED HEIGHT 50 FEET * * * ** 25 FEET
MAXIMUM ACTUAL HEIGHT 60 FEET * * * ** 30 FEET
MINIMUM FLOOR AREA — COMMERCIAL
MINIMUM FLOOR AREA — SENIOR HOUSING
MINIMUM FLOOR AREA — PUBLIC FACILITY
600 SQUARE FEET **
350 SQUARE FEET
1,500 SQUARE FEET
N/A
N/A
N/A
MIN. GROSS FLOOR AREA PER UNIT 600 SQUARE FEET ** 80 SQUARE FEET **
Whichever is greater
Not applicable to kiosks
General application for setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the
back of curb or edge of pavement.
Principal and Accessory Structures shall not protrude or encroach into any required landscape
buffer.
except that a hotel, destination resort, senior housing or mixed use building may be up to 75 feet
in zoned height and 85 feet in actual height.
Note: Any independent living unit proposed for development in a single - family type of configuration shall
comply with the development standards for single- family land uses set forth in Table I.
Hacienda Lakes, PUDZ- 2006 -AR -10146
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Page 60 of 419
TABLE III
BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS
EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS)
DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 8,000 SQUARE FEET N/A
MINIMUM LOT WIDTH 80 FEET N/A
MINIMUM YARDS (MEASURED FROM TRACT 50 FEET * ** 10 FEET
BOUNDARY) — BUSINESS PARK
MINIMUM YARDS (MEASURED FROM TRACT
BOUNDARY) — SCHOOL 50 FEET * ** 25 FEET
MINIMUM YARDS (MEASURED FROM MPUD N/A N/A
BOUNDARIES
PRESERVE SETBACK 25 FEET 10 FEET
MIN. DISTANCE BETWEEN 15 FT. OR %: THE SUM OF 10 FEET
STRUCTURES - BUSINESS PARK BUILDING HEIGHTS
MIN. DISTANCE BETWEEN or 18 FEET 10 FEET
STRUCTURES- SCHOOL
MAXIMUM ZONED HEIGHT - BUSINESS PARK 35 FEET 35 FEET
MAXIMUM ZONED HEIGHT - SCHOOL 50 FEET 50 FEET
MAXIMUM ACTUAL HEIGHT — BUSINESS PARK 50 FEET 35 FEET
MAXIMUM ACTUAL HEIGHT - SCHOOL 60 FEET 60 FEET
MINIMUM FLOOR AREA — BUSINESS PARK 1000 SQUARE FEET N/A
MINIMUM FLOOR AREA — SCHOOL or 350 SQUARE FEET 35 SQUARE FEET
MIN. GROSS FLOOR AREA PER UNIT
BUSINESS PARK 500 SQUARE FEET 80 SQUARE FEET
SCHOOL N/A N/A
Whichever is greater
General application for setbacks: Front yard setbacks shall comply with the following:
i. If the parcel is served by a public or private road right -of -way, the setback is measured
from the adjacent right -of -way line.
ii. If the parcel is served by a non - platted private drive, the setback is measured from the
back of curb or edge of pavement.
The Lord's Way Access Improvements:
In the event that Tract BP is developed as a business park, the Lord's Way shall be improved by the
Developer with roadway facilities as depicted by LDC Appendix B -4, a Commercial/Industrial typical
roadway section, prior to the issuance of the first certificate of occupancy for a business park land use. In the
event that Tract BP is developed as an educational facility, the Lord's Way shall be improved by the
Developer as depicted by LDC Appendix B -3, a Local Street typical roadway section.
Hacienda Lakes, PUDZ- 2006 -AR -10146
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Page 61 of 419
TABLE IV
ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 1 ACRE N/A
MINIMUM LOT WIDTH 100 FEET N/A
MINIMUM YARDS (MEASURED FROM
TRACT BOUNDARY)
20 FEET, PLUS 1 FOOT FOR
EACH 2 FEET OF BLDG. HT.
OVER 50 FEET
20 FEET
MINIMUM YARDS (MEASURED FROM
MPUD BOUNDARIES
25 FEET 20 FEET
PRESERVE SETBACK 25 FEET 10 FEET
MIN. DISTANCE BETWEEN
STRUCTURES
15 FT. OR %Z THE SUM OF
BUILDING HEIGHTS*
10 FEET
MAXIMUM ZONED HEIGHT 50 FEET 50 FEET
MAXIMUM ACTUAL HEIGHT 75 FEET 75 FEET
MINIMUM FLOOR AREA 1000 SQUARE FEET ** N/A
Whichever is greater
Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the
utilization of the attraction facilities, which have no minimum floor area limitations
Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated
at the rate of one parking space for each 1000 square feet of covered camping pavilion.
Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to
the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an
earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit
projectiles from exiting the range area.
Hacienda Lakes, PUDZ- 2006 -AR -10146
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Page 62 of 419
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EXHIBIT D
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN
SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19
AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S.89 °10'42 "W. ALONG THE
SOUTH LINE OF SAID SECTION FOR 2835.68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION;
THENCE S.89 01 I'14 "W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 25; THENCE S.89 009'39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693.18 FEET TO THE
SOUTH QUARTER CORNER OF SAID SECTION; THENCE S.89 °I 1'01 "W. ALONG SAID SOUTH LINE FOR
2693.80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 °13'35 "W. ALONG THE WEST
LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE
N.00 014'15 "W. ALONG SAID WEST LINE FOR 2637.01 FEET TO THE NORTHWEST CORNER OF SAID
SECTION; THENCE N.87 °07'13 "E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704.07 FEET
TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 °08'02 "E. ALONG THE EAST
LINE OF SAID FRACTION FOR 684.58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE
N.87 012'28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH
THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID
SECTION; THENCE N.01 °04'11 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE
NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'21 "W. ALONG SAID NORTH LINE FOR 2025.64
FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S.89 °01'58 "W. ALONG
THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328.51 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE S.01 0 18'52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679.65 FEET TO THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE S.89 022'00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663.28 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.01 ° 14'38 "E. ALONG THE WEST LINE OF SAID
FRACTION FOR 675.75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION
WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S.89 °01'58 "W.
ALONG SAID NORTH LINE FOR 664.25 FEET; THENCE CONTINUE S.89 °01'58 "W. ALONG SAID LINE FOR
627.16 FEET; THENCE N.01 °01'15 "E. FOR 1699.99 FEET; THENCE S.89 °01'58 "W. FOR 701.42 FEET TO AN
INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
EASEMENT; THENCE S.01 °01'15 "W. ALONG SAID EAST LINE FOR 68.31 FEET; THENCE S.89 °01'58 "W. FOR
1232.97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N.00 °51'54 "E.
ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND
PARALLEL WITH (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14;
THENCE N.87 °37'31 "E. ALONG SAID PARALLEL LINE FOR 1237.00 FEET TO AN INTERSECTION WITH THE
EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 °01'15 "E. ALONG
SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.87 °37'31 "E. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 14; THENCE N.00 °48'00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR
2683.32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER; THENCE S.87 °31'38 "W. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 334.19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °48'11 "E.
ALONG THE WEST LINE OF SAID FRACTION FOR 1341.38 FEET TO THE NORTHWEST CORNER OF SAID
FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE S.87 °28'42 "W. ALONG SAID SOUTH LINE FOR 1002.41
FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE
OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.00 °48'45 "E. ALONG SAID WEST
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AND EAST LINE FOR 335.13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE 5. 87 °27'58 "W. ALONG THE
NORTH LINE OF SAID FRACTION FOR 1236.32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00 °49'30 "E. ALONG SAID
EAST LINE FOR 1004.62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11;
THENCE N.00 050'27 "E. ALONG SAID EAST LINE FOR 344.07 FEET TO AN INTERSECTION WITH THE NORTH
LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THENCE N.87 °28'56 "E. ALONG SAID NORTH LINE FOR 1235. 95 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE 5.00 °49'13 "W. ALONG THE EAST LINE OF SAID FRACTION FOR
342.92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH
LINE OF SAID SECTION 14; THENCE N.87 °25'45 "E. ALONG SAID NORTH LINE FOR 1336.32 FEET TO THE
NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N.87 °25'45 "E. ALONG SAID NORTH
LINE FOR 668.16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S.00 °47'37 "W. ALONG THE EAST LINE OF SAID
FRACTION FOR 671.11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 °27'14 "E. ALONG
THE NORTH LINE OF SAID FRACTION FOR 668.22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION;
THENCE S.00 047'14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671.39 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE N.87 °28'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF SECTION 14 1336.55 FEET TO THE SOUTHEAST CORNER OF SAID
FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 13; THENCE N.87 °30'06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
1328.72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °38'50 "E. ALONG THE EAST
LINE OF SAID FRACTION FOR 1345.26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE
SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE
N.00 °4 1'44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER
OF SAID FRACTION; THENCE N.87 °40'34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321.29
FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °36'23 "W. ALONG THE EAST LINE OF
SAID FRACTION FOR 2701.30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING
THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S.87 °26'11 "W. ALONG THE NORTH LINE OF
SAID SECTION FOR 662.90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S.00 °35' 02 "W. ALONG THE EAST
LINE OF SAID FRACTION FOR 1345. 93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
S.87 030'06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664.36 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE S.00 038'50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672.63 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.87 °32'03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
665.09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.00 °35'02 "W. ALONG THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR
672.97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S.87 °33'59 "W. ALONG THE SOUTH
LINE OF SAID FRACTION FOR 665.81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE
S.00 038'51 "W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
FOR 1345.10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE 5.87 °37'27 "W. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 667.27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.00 °42'40 "W. ALONG THE WEST
LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN
INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N.87 °40'54 "E. ALONG SAID NORTH
LINE FOR 2006.20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER; THENCE 5.00 °56'29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368.25
FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °34'58 "E. ALONG THE SOUTH LINE
OF SAID FRACTION FOR 1343.68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
N.00 °4 1'32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365.31 FEET TO THE NORTHEAST CORNER
OF SAID FRACTION; THENCE N.87 °41'38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER FOR 1337.58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE
S.00 026'32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703.00 FEET TO THE SOUTHEAST CORNER
OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
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NORTHEAST QUARTER; THENCE 5.87 033'18 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60
FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER; THENCE S.00 °34'02 "W. ALONG SAID WEST LINE FOR 1022.89 FEET TO THE
SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE SOUTH LINE OF SAID
FRACTION FOR 674.89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S.88 °12'42 "E.
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093.52 FEET TO THE NORTHEAST
CORNER OF SAID FRACTION; THENCE S.03 °39'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR
2676.74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 °56'10 "W. ALONG THE
SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION;
THENCE 5.87 007'20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR
2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S.87 °07'13 "W. ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER FOR 807.16 FEET; THENCE S.03 °18'31 "E. FOR 1451.00 FEET;
THENCE N.88 056'54 "E. FOR 1582.00 FEET; THENCE 5.00 °31'35 "E. FOR 1130.61 FEET; THENCE S.89 °15'59 "E.
FOR 1823.18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 °57'58 "E. ALONG THE
NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER
OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE
S.00 037'14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344.51 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.89 034'43 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR
365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S.00 041'48 "W. ALONG THE
WEST LINE OF SAID FRACTION FOR 671.03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION;
THENCE N.89 023'00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364.14 FEET TO THE SOUTHEAST
CORNER OF SAID FRACTION; THENCE N.89 °22'35 "E. FOR 710.09 FEET TO THE SOUTHEAST CORNER OF
THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF
THE SOUTH HALF; THENCE N.00 °52'45 "E. FOR 1334.78 FEET TO THE NORTHEAST CORNER OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH
HALF; THENCE S.89 046'12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE
NORTHWEST CORNER OF SAID FRACTION; THENCE N.00 049'34 "E. ALONG THE EAST LINE OF THE WEST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH
HALF FOR 668.60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N.89 °57'58 "E. ALONG
THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER
CORNER OF SAID SECTION; THENCE S.01 ° 12'08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING.
101,084,043 SQUARE FEET OR 2,320.6 ACRES +/-
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS:
PARCEL "A"
BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE
S.00 °59' 10 "W. FOR 1329.95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE
S.89 022'35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355.05 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.00 °55' 57 "E. FOR 1332.36 FEET TO THE NORTHWEST CORNER OF
SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF
THE SOUTH HALF; THENCE N.89 °46'12 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET
TO THE POINT OF BEGINNING.
473,270 SQUARE FEET OR 10.9 ACRES +/-
PARCEL "B"
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTEROF SAID SECTION 24; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR
1349.77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S.00 °40'10 "W. ALONG THE EAST
LINE OF SAID FRACTION FOR 1361.17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE
S.87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356.51 FEET TO THE SOUTHWEST
CORNER OF SAID FRACTION; THENCE N.00 056'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR
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682.86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S.87 °23'02 "W. ALONG THE SOUTH LINE
OF SAID FRACTION FOR 338.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE
N.01 000'20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683.43 FEET TO THE NORTHWEST CORNER
OF SAID FRACTION; THENCE N.87 °28'21 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337.61 FEET
TO THE POINT OF BEGINNING.
2,072,100 SQUARE FEET OR 47.6 ACRES +/-
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EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Subsection 6.06.0l.B, related to streets in subdivisions, that requires
subdivisions to have platted road rights -of -way for streets, to allow private streets to be provided by separate
access easements rather than platted road rights -of way.
Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow
one model home for each variant of the residential product proposed in the various phases or communities
within the project. The number of model homes may exceed five for each phase or community within the
project, but shall not exceed a total of 60 models for the entire MPUD development.
Deviation #3 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property
corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign
content area for "boundary markers" to be located in the Residential Tract R may be 15 feet in height rather
than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b.
Deviation #4 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to
allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated
with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall,
berm, or wall /berm combination.
Deviation #5 seeks relief from LDC Sections 4.02.13 G., and 4.06.02 C.5., that requires a six foot tall
opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the
boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by
the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof will
not be required on the Business Park Tract along the frontage of Lord's Way.
Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC
Section 5.06.02 B.2., that would be erected off -site from the Residential Tract, in the Commercial Tract.
Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road
and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow
the construction of the bridge to extend Rattlesnake Hammock Road, and /or a new sign can be permitted in
Tract C.
Deviation #8 seeks relief from LDC Section 5.05.04 D.1. that limits care unit Floor Area Ratio (FAR) to
0.45, to allow a care unit FAR of 0.60.
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EXHIBIT F
LIST OF OWNER COMMITMENTS
For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of
Naples, LLC, its successors, and/or assigns. The owner commitments below shall not be enforceable upon
Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc.
LEGAL
A. Access to Parcel "A ", as described in Exhibit D of this document and is not a part of this MPUD
shall be accessible via a new roadway easement from Owner that shall be recorded in the public
records of Collier County, and shall run in a north -south direction from the existing thirty-foot
roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded
within 90 -days of approval of this PUD.
B. Access to Parcel "B ", as described in Exhibit D of this document and is not a part of this MPUD
shall be accessible via the existing roadway and ingress /egress easements recorded in O.R. Book
271, Page 505, O.R. Book 622, Page 1609, O.R. Book 245, Page 124, and O.R. Book 287, Page
18.
C. No existing public access /roadway easements shall be vacated to preclude access to off -site
private and public lands without providing replacement access easements. This new roadway
easement shall be equivalent to the existing easement and shall be recorded concurrently with the
vacation.
II ENVIRONMENTAL
A. Native vegetation shall be preserved in this MPUD in accordance with the table below:
Hacienda Lakes Native Preserve Summary
Description Total Urban ac Rural ac
Project Area 2262.14 625.07 1637.07
On -Site Native Vegetation 1721.97 295.38 1426.59
Less the Native Veg Within Rattlesnake Hammock Ext. 2.02 2.02 0.00
Less the Native Veg Within The Lords Way Ext. 0.42 0.42 0.00
Less the Native Veg Within the Benfield Road Corridor 12.91 5.01 7.90
Less the Native Veg Within Archaeological Preserves 6.07 1.06 5.02
Native Vegetation For Requirement Calculations 1700.54 286.87 1413.67
Percentage for required Native Preserve 25%
Required Native Vegetation* 921.09 71. 71 849.38
Preserved Native Vegetation ** 1395.35 40.81 1352.57
Compensating Native Preserve 2x URF Deficit)" 61.80
Total Preserve Area 1544.14 53.06 1491.08
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Native Preserve Requirement (LDC Subsection 2.05.02.B.2.g.ii.) of 90% within the RFMUD Sending Lands exceeds
60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall
be the required Rural native vegetation area.
Compliance with LDC Subsection 3.05.07 H.1.a., requires native vegetation planting enhancement of a minimum of
12.24 acres of the project's URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation
preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times
the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the
adopted GMP amendment.
B. A Wetland Mitigation/Monitoring plan is to be submitted once approved from SFWMD, for
County review.
C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan
accepted by Collier County as contained in the Environmental Impact Statement.
D. An updated listed species survey for the future development areas shall be submitted prior to
the next development order approval.
E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to
the first preliminary acceptance.
III ENGINEERING
A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/951
over the Henderson Creek Canal.
IV ARCHAEOLOGICAL and HISTORIC RESOURCES
A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP,
Archaeological Preserve on Sheets 3 -12 in the MPUD Master Plan Set. These sites must remain
undeveloped. A public access easement around the archaeological sites for potential digs and
further study has been provided. Disturbance to these five protected archaeological sites may
only occur with County approval and approval of the State Division of Historical Resources, and
any disturbance shall only be permitted under the direct supervision of a qualified archaeologist.
B. Historical /archeological areas are not used to meet preserve requirements because if an
archaeological dig is required, then native vegetation would have to be removed.
V EMERGENCY MEDICAL SERVICES
A. In order to mitigate for the project impacts and demand on Emergency Medical Services
EMS), the developer shall provide a one acre parcel to Collier County. This public facility
site is identified as "PF" on the MPUD Master Plan (Exhibit Q. The dedication of the one
acre site shall be by deed to Collier County and is subject to an Emergency Medical Services
Impact Fee credit based on the fair market value of the donated property. The valuation of
the one acre site dedication has been determined to be $30,000 per acre, for the purposes of
the Emergency Medical Services Impact Fee credit, and the conveyance shall occur no later
than at the time the 500`h residential unit is included in a development order request (site
development plan, or plat), subsequent to the adoption of the DRI Development Order. If
Owner conveys to County mitigated land for the real property conveyances described in this
paragraph, then Owner shall be entitled to an EMS impact fee credit for the value of the
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mitigation, as a cost of construction for public facilities. The value of the mitigation shall be
a per acre value calculated at the total cost of state and federal mitigation of the
environmental impacts including wetland and wildlife impacts divided by the impacted
acreage of 718 acres. Developer shall provide documentation acceptable to the County to
verify this cost. The total cost of State and Federal mitigation includes land costs for onsite
preserves used for mitigation, environmental permitting costs, exotic removal, enhancement
of preservation lands, creation of wildlife habitat, hydrological improvements and any
mitigation activity required in the Army Corps of Engineers permit and South Florida Water
Management District permit for the project in order to address the project's mitigation. State
and Federal mitigation does not include County required mitigation. In lieu of EMS impact
fee credits for environmental mitigation, the County reserves the right to transfer to
Developer or Owner County-owned State or Federal panther and wetlands credits equal to
the value of the EMS impact fee credits calculated pursuant to this paragraph.
VI TRANSPORTATION
For the purposes of the following commitments, it must be understood that the property was divided
into three main areas:
North area being north of The Lord's Way extension;
South area being south of Rattlesnake Hammock Road plus School;
Benfield Road Improvements.
The South area commitments shall be constructed in a sequential manner. However, the rest of the
commitments are not sequential and can be accomplished in no specific order. Similarly, the three
areas identified above are not required to be developed in a sequential manner.
SOUTH AREA
I. The Owner shall construct (here forward to mean "constructed to meet minimum County
requirements for acceptance "), at its sole expense without road impact fee credits, the initial
two lanes (south side) of Rattlesnake Hammock Road Extension from C.R.951 to Florida
Power Line Easement (approximately 0.25 miles). In addition, the Owner shall construct the
Collier Boulevard/Rattlesnake Hammock Road intersection interim geometry as shown in
Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over
the canal to the interim geometry as shown in Figure 1, below. Upon completion (here
forward to mean "completed construction to County minimum requirements, and reserved
for future conveyance to the County at the County's request. ") of all of such improvements,
the Owner shall be allowed to develop up to 327,500 square feet of Retail Land Uses, or
Residential Pod A, or some combination of the two land uses. However, the total number of
gross trips to be generated by this portion of development shall not exceed 1,409 PM peak
hour trips. In the event that Residential Pod A is developed, access to Pod A will be either
an internal private roadway or via an extension of Rattlesnake Hammock Road to the
entrance of Pod A. These improvements and the areas allowed to develop upon completion
of these improvements are depicted in Figure 1, below. All of these improvements are site
related improvements.
Hacienda Lakes, PUDZ-2006-AR- 10 146
BCC Approved 10/25/11 Page 36 of 51
Page 71 of 419
Figure 1— Hacienda Lakes DRI - Commitment I
II. The Owner shall construct, at its own expense and without road impact fee credits,
Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road
leading into Swamp Buggy grounds (approximately 0.25 miles) and improve the bridge on
Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is
Figure 2, below. These improvements are site related improvements. Upon completion of
such improvement, the Owner shall be allowed to develop the following additional land
uses:
20,000 Square Feet of General Office, and;
50,000 Square Feet of Medical Office, and;
135 Room Hotel, and;
Remaining portion of the 327,500 Square Feet of Retail (if applicable pursuant to
Commitment I), and;
Remaining portion of Residential Pod A (if applicable pursuant to Commitment 1),
and;
Required residential uses within Activity Center land use;
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11 Page 37 of 51
Page 72 of 419
These improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 2, below.
Fiture 2 — Hacienda Lakes DRi - Commkment 11
III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from
the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road,
including construction of the Rattlesnake Hammock Road Extension at Benfield Road
intersection. Upon completion of such improvement, the Owner shall be allowed to develop
the following additional land uses:
919 Student Elementary School, and;
Residential Pod B.
Since only a portion of the capacity to be provided by this two lane section will be consumed
by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50%
of the cost of this improvement. The cost of this improvement will be determined at the time
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11 Page 38 of 51
Page 73 of 419
of construction, and shall include the fair market value of the land or easement when the
Owner conveys the road right of way to the County, free and clear of liens and
encumbrances. Fair market value has been determined to be $30,000 per acre. This
improvement and the area allowed to develop upon completion of this improvement are
depicted in Figure 3, below. Fifty percent (50 %) of the cost of this improvement is deemed
a site - related improvement.
Flaure 3 — Hacienda Lakes DRI - Commitment 111
NORTH AREA
IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and
without road impact fee credit, over the water canal that runs parallel to C.R.951 at the
northern project site access, the Owner shall be allowed to develop Residential Pod C (not to
exceed 300 PM peak hour trips at the connection to C.R.951). This improvement and the
area allowed to develop upon completion of this improvement are depicted in Figure 4,
below. At no time will the County accept ownership of this bridge. This improvement is a
site related improvement.
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11 Page 39 of 51
Page 74 of 419
Figure 4 — Hacienda lakes SRI - Commitment IV
rl__„,
Residential
Pod C
I
6 S
1%_1 Florida
Power Line
Easement
Rattlesnake
7
Residential
Residential Pod B
17, 14PodA \ I
L Existing Lanes/Turn Lanes — —
L Lanes/Turn Lanes to be Constructed /Reconstructed
Roadway Segment Previously Constructed
Roadway Segment to be Constructed
j_ Area Previously Developed
Area to be Developed
V. The Owner shall, at its sole expense and without road impact fee credits, complete the
reconstruction of The Lord's Way from C.R.951 to Florida Power Line Easement and
construct the extension of The Lord's Way from Florida Power Line Easement to the west
entrance to the Business Park with a two lane undivided cross section. In addition, when the
Collier Boulevard at The Lord's Way intersection is signalized upon meeting warrants, the
cost of the signalization of this intersection will be shared proportionately among the Owner
and other developments located in the area (east and west of C.R.951) and at no cost to
Collier County and without road impact fee credits. These improvements are site - related
improvements. Upon completion of such road improvement, the Owner shall be allowed to
develop the following additional land uses:
Business Park, and;
Residential Pod D.
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11 Page 40 of 51
Page 75 of 419
These improvements and the area allowed to develop upon completion of these
improvements are depicted in Figure 5, below.
Residential
Pod C
Florida Power Une Easement
Residential" x;
Pod
r
ttt
ry
Residential
r.
Pod A
1mid
to Existing Lanes/Turn lanes
Lanes/Turn Lanes to be Constructed /Reconstructed
Roadway Segment Previously Constructed
Roadway Segment to be Constructed
Area Previously Developed
Area to be Developed
Residential
Pod B
k \
c
When the DRI has received certificates of occupancy for 66 percent of the total commercial
and residential development authorized by the DRI, Collier County will perform an
evaluation and inform the Owner if it is necessary to convey road right of way to the County
for the section of The Lord's Way Extension from the west entrance to the Business
Park/School to Benfield Road. If Collier County requests the road right of way, the Owner
shall convey by road easement to the County the needed road right of way up to a width of
60 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits
equal to 100 percent of the fair market value of the road easement conveyed to the County
which has been determined to be $30,000 per acre. No further certificates of occupancy
shall be issued until the road easement conveyance is recorded in the public records of
Collier County. If this segment of The Lord's Way is not deemed necessary (through
documentation, or lack thereof, in the LRTP or the CIE) by the time the development
achieves 66 percent of the total approved development quantities, this commitment shall be
considered expired.
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11 Page 41 of 51
Page 76 of 419
BENFIELD ROAD IMPROVEMENTS
VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock
Road Extension to the entrance of Residential Pod E with a two lane undivided cross section
and reserve the right of way necessary for the final 4 lane divided cross section. Residential
Pod E shall be connected in a consistent manner with the County's right of way reservation
plans or construction plans for future Benfield Road sections. Upon completion of such
improvement and acceptance by Collier County of the improvements, the Owner shall
convey to the County a road easement for the road right of way needed for this section of
Benfield Road up to a width of 120 feet, free and clear of all liens and encumbrances. Upon
recordation of the road easement in the public records of Collier County, the Owner shall
receive road impact fee credits for 50% of the fair market value of the road easement
necessary for this section of Benfield Road and for 100% of the increase in cost resulting
from the construction of the road according to County Standards (arterial) instead of as a
local subdivision road. The fair market value of 50% of the conveyance of the road right of
way easement to the County has been determined to be $30,000 per acre. Fifty percent
50 %) of the fair market value of the road right of way easement and the total cost of the
improvements are site - related improvements. The Cost of this improvement will be
determined at the time of construction. Upon completion of such improvement, the Owner
shall be allowed to develop the following additional land uses:
Residential Pod E.
These improvements and the area allowed to develop upon completion of this improvement
are depicted in Figure 6, below.
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 42 of 51
Page 77 of 419
Florida Power line Easement
Resksendal`'
Pod C
v
Resdential
Pod ;
Residential Pod E
The lad'
Rattlesnaft Hammock
1
i
g
ResldeMisl ` _ Pod B
Pod A `k
IV 'Xna g Lanes/Tum Lanes
L ianrt/Twn Lanes to be Canuructed/Reconstructed
Roadway Segment Previously Constructed
Roadway Segment to be Constructed
Area Prevlou* Dew4oped
Area to be Developed
VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E
connection to Benfield Road: the Owner will convey right of way to Collier County by road
easement for Benfield Road on areas not to be built by Owner up to a width of 120 feet, free
and clear of all liens and encumbrances. Upon such conveyance, Collier County will
provide road impact fees credits for 100% of the fair market value of the road easement.
The value of the right of way has been determined to be $30,000 per acre. The area to be
conveyed is depicted in Figure 7, below.
Hacienda Lakes, PUDZ- 2006 -AR -10146
Approved CCPC Consent — Rev. 09/15/11 Page 43 of 51 Page 78 of 419
Hacienda Lakes ON -
Florida Power Line Easement
to
Residenttai ` ' I
Residents
Pod D
Residential Pod E
VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the
County the right of way needed for the future construction of Benfield Road south of Sabal
Palm Road (approximately 1.00 mile) up to a width of 120 feet free and clear of all liens
and encumbrances and at no expense to the County. In addition, the Owner shall receive no
impact fee credits for such right of way conveyance. This is a site - related improvement. The
area to be dedicated is depicted in Figure 8, below.
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11 Page 44 of 51
Ratdemm Mammal; Rpa4wension
Netider ttal Pod B
Pod A
Lti>i ti
y E sLsueg Larvra/Tum Lanes
L Lanes/Tum Lanes to be Constructed/Reconst..ted
Roadway Segment Previously Corntrutud
r_ Riet of Way to be Preserved
Atea PteviocMy Developed
Area to be Developed
VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the
County the right of way needed for the future construction of Benfield Road south of Sabal
Palm Road (approximately 1.00 mile) up to a width of 120 feet free and clear of all liens
and encumbrances and at no expense to the County. In addition, the Owner shall receive no
impact fee credits for such right of way conveyance. This is a site - related improvement. The
area to be dedicated is depicted in Figure 8, below.
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11 Page 44 of 51
Page 79 of 419
IX. As a part of its State and Federal permits, the Owner shall pay for mitigation required for
State and or Federal environmental impacts arising from the permitting for portions of
Benfield Road described in Commitments VI and VII. In addition to this commitment, the
Owner shall at no cost to County either: (1) Convey drainage easement(s) to the County for
their stormwater management facility needs free and clear of all liens and encumbrances, or
2) agree to accept stormwater from Benfield Road into the Project's stormwater
management system. These are site - related contributions.
X. At two thresholds during construction of this DRI, the Owner shall provide to Collier County
a transportation analysis which compares the value of the Owner's contribution to the
County's public road network against the DRI's proportionate share, (as defined in the State
of Florida's HB 7207) of which this DRI impacts County and State road segments. If
Owner's contribution is less than its impact based on the transportation analysis, then Owner
shall pay to County the difference in three installments starting 90 days after the
transportation analysis is agreed to by both parties, and then each 90 days thereafter until
paid in full. The transportation contribution by the Developer shall be defined as the sum of
all road impact fees paid to date, the costs of the non site - related transportation
Hacienda Lakes, PUDZ-2006-AR- 10 146
Approved CCPC Consent — Rev. 09/15/11 Page 45 of 51
Page 80 of 419
improvements (those receiving road impact fee credits) on Rattlesnake Hammock Road,
Benfield Road and the Lords Way, plus the value of any road right -of -way conveyance by
donation to the County unless otherwise calculated as an impact fee credit. The first
transportation analysis shall be submitted to the County when 33% of approved development
trips (1,109 total gross trips) have been permitted based on building permit issuance, without
projecting forward growth. The second transportation analysis will be submitted when 66%
of the approved development trips (2,219 total gross trips) have been permitted based on
building permit issuance, with a projection toward build out. The second analysis and
reconciliation will finalize any transportation related assessments owed by the Developer for
the build out of the Project. With the annual PUD monitoring report, Developer shall provide
an annual trip generation analysis of trips approved by Site Development Plan approval and
building permit issuance compared to total trips approved within the DRI. Upon triggering
33% or 66% as described above, Developer shall submit the transportation analysis
described in this paragraph within six months. No certificates of occupancy shall be issued
until the traffic analysis and annual trip generation analysis required by this paragraph and
any payments due have been delivered to County, unless the BCC grants an extension.
XI. Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail
land uses, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT)
stop /shelter fronting the Commercial Tract C that shall include a 10'x 20' pavilion shelter
with benches and protection from the elements, and include a minimum of three (3) bike
racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner
elects to convey to County at no cost to County an easement for the bus shelter. The
location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is
a site - related contribution.
XII. Prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business
park land uses, or prior to the issuance of a certificate of occupancy for a school or
educational facility in the Business Park Tract, the Owner shall construct, at its sole
expense, a Collier Area Transit (CAT) stop /shelter fronting the Business Park Tract BP that
shall include a 10'x 20' pavilion shelter with benches and protection from the elements, and
include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of
the bus stop /shelter unless Owner elects to convey to County at no cost to County an
easement for the bus shelter. The location of the CAT shelter is generally depicted below on
the Master Mobility Plan. This is a site - related contribution.
XIII. DRI traffic studies identified an off -site impact at the interchange of I -75 and S.R. 951
Ramps Intersection, specifically in the left -turn movement serving the northbound S.R. 951
to westbound ( northbound) I -75 turning movement. Assessments of this operation in 2011
indicate that changes to lane usage and signage could augment the acceptable operation of
the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes
significant (exceeds five percent of service volume) at this location at 46.2 percent of site
traffic generation. When the first transportation analysis required under subsection X above
is undertaken (e.g. at 33 percent of site traffic generation), the existing traffic flow and level
of service at this location will be reviewed and projected to the build -out of the DRI. If the
2011 operational assessment is confirmed and the intersection is, or will be, operating at an
unacceptable level of service as determined by County or FDOT, then the Developer will
identify a solution to offset its impacts and/or restore acceptable operating conditions, and
contribute its proportionate share, per subsection X above, of the cost of the improvement to
the appropriate government agency. If a proportionate share payment is identified as
needed, the owner shall receive road impact fee credits for 100 percent of this contribution.
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 46 of 51
Page 81 of 419
XIV. If Owner conveys to County mitigated land for the real property conveyances that are
eligible for impact fee credits described in Subsections III, V, VI and VII of this Article VI,
Transportation, then Owner shall be entitled to a transportation impact fee credit for the
value of the State and Federal environmental mitigation, as a cost of construction for public
facilities. The value of the mitigation shall be a per acre value calculated at the total cost of
state and federal mitigation of the environmental impacts including wetland and wildlife
impacts divided by the impacted acreage of 718 acres. The total cost of State and Federal
mitigation includes land costs for onsite preserves used for mitigation, environmental
permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife
habitat, hydrological improvements and any mitigation activity required in the Army Corps
of Engineers permit and South Florida Water Management District permit for the project in
order to address the project's mitigation. State and Federal mitigation does not include
County required mitigation. Developer shall provide documentation acceptable to the
County to verify this cost. In lieu of transportation impact fee credits for environmental
mitigation, the County reserves the right to transfer to Developer or Owner County-owned
State or Federal panther and wetlands credits equal to the value of the transportation impact
fee credits calculated pursuant to this Subsection XIV.
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 47 of 51
Page 82 of 419
Proposed
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Existing CAT Rouse 4A 8 48
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10 Exis" CAT Facility 48
Exi"CAT Routs 7
Proposed Pedestrian Facilities
Exabrig Shared Use Pah
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Development Boundary
EXISTING CAT
ROUTE 7
i (TO MARCO ISLAND)
DEVELOPER
1 PROPOSED CAT
STOP /SHELTER,
THE LORD'S WAY
POTENTIAL
CAT STOP /SHELTER/
PROPOSED
4A 3 48 CAT
ROUTE EXTENSION
DEVELOPER
PROPOSED
CAT STOP/SHELTE
1 PROP. RATTLESNAK
HAMMOCK RD. EX1
Land Use
Attraction Tract
Business Park or School
Commercial
Preserve Tract
Public Fadities Trad (EMS)
Junior Deputy
School
Residential Trad
Residential i Medical Use
Public ROW Reservation
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Page 83 of 419
VII PUBLIC UTILITIES
A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is
located within the Collier County Water -Sewer District Boundary; there are some areas of this
project that currently are outside of the Collier County Water & Sewer District Boundary. The
areas that are not part of Collier County Water -Sewer District also do not belong to any other
Water -Sewer District. Since Public Utilities can provide service as requested by this project,
Impact Fees will be applied to the entire area to be developed.
B. The project shall connect to the CCWSD potable water system at a location to be determined by
the CCWSD when capacity is available.
C. The project shall connect to the CCWSD wastewater collection and conveyance system at a
location determined by CCWSD, when capacity is available.
D. This future development is located on the zone of the existing South Hawthorn Wellfield for the
wellfield- SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well
fields shall be followed. All well sites and pipeline easements located on and close to this
development needs to be shown on all future site development plans, PPL or any other site plans
applications.
VIII PLANNING
A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD,
the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from
all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing
of executed Limitation of Development Rights Agreement(s) shall occur for these same lands.
B. A permanent conservation mechanism, including Limitation of Development Rights
Agreement(s), [shall] be attached/applied to all Sending Lands to be preserved beyond one mile
of the Urban Residential Fringe prior to final approval of the first Site Development Plan (SDP)
for the Hacienda Lakes project.
IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL
DEVELOPMENT COMMITMENTS
The following commitments shall only apply to the Attraction and Junior Deputy Tracts:
General Provisions
A. All motor racing shall normally be limited to weekends and holidays. No motor racing or
practice will commence earlier than 9:00 a.m. and all racing shall be completed no later than
11:00 P.M.
B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall
be operated and maintained in accordance with accepted safe practices. For security and safety,
access to the shooting and archery range areas shall be limited by fencing or other suitable
barriers.
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 49 of 51
Page 84 of 419
C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security,
safety, and traffic control.
Roadways and Traffic
A. Roadways within the subject property shall be private roadways and shall be maintained by the
Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted
practices and as permitted by the County Engineer.
B. For special events such as the Swamp Buggy races, and as deemed necessary by the County
Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance
road with CR 951 and Rattlesnake Hammock Road.
Utilities and Service Facilities
A. The potable water supply source for the project shall be the County regional water system (now
known as the Collier County Water Sewer District).
B. Permanent sanitary facilities shall be provided for everyday use by administrative and other
personnel. Treatment and disposal of wastewater from said facilities shall be by septic
tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the
appropriate local and/or State regulatory agencies.
C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable
toilets ( provided by a licensed commercial service), or permanent restroom facilities, or both.
Wastewater from any permanent facilities provided for spectator use shall be stored in a buried
holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed
commercial service; or as otherwise permitted by Florida Administrative Code and approved by
the appropriate local and/or State regulatory agencies.
D. Onsite water well or wells may be constructed (as permitted) for flooding of the Swamp Buggy
track and other non - potable uses.
X DEVELOPMENT OF REGIONAL IMPACT
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring
until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all
PUD /DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval,
the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to
transfer the monitoring and commitments to a successor entity, then it must provide a copy of a
legally binding document that needs to be approved for legal sufficiency by the County Attorney.
After such approval, the Managing Entity will be released of its obligations upon written approval
of the transfer by County staff, and the successor entity shall become the Managing Entity. As
Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County
that includes an acknowledgement of the commitments required by the PUD and DRI by the new
owner and the new owner's agreement to comply with the Commitments through the Managing
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 50 of 51
Page 85 of 419
Entity, but the Managing Entity shall not be relieved of its responsibility under this Section.
When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the
monitoring and fulfillment of PUD and DRI commitments.
CP \10- CPS - 01024 \119
Hacienda Lakes, PUDZ- 2006 -AR -10146
BCC Approved 10/25/11 Page 51 of 51
Page 86 of 419
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HACIENDA LAKES PUD
RESIDENTIAL WORKSHEET FOR EACH SDP / PLAT / BUILDING PERMIT
TOTAL PROJECT RESIDENTIAL UNITS: 1,760 [ UP TO 1,232 MAY BE MULTI - FAMILY]
MANDATED
UNITS BY GMP:
NON - MANDATED UNITS:
REDUCED BY: 1.
17 IN C DISTRICT
13 IN R/MU FROM C
25 IN RMU
55 MANDATED RES UNITS
1,705 UNITS [UP TO 1,232 MAY BE MULTI - FAMILY IN
ENTIRE PUD]
CARETAKER'S RESIDENCES IN ENTIRE PUD
2. UNITS USED FOR CONVERSION TO RV [UP TO 106 RES
UNITS IF 290 RV UNITS ARE DEVELOPED] 1 RES UNIT = 2.73
RV UNITS
3. UNITS USED FOR CONVERSION TO SENIOR HOUSING [UP
TO 112.50 RES UNITS FOR 450 SENIOR HOUSING UNITS IF
DERIVED FROM RESIDENTIAL]
1 RES UNIT = 4 SENIOR HOUSING EXCEPT INDEPENDENT
LIVING SINGLE FAMILY STYLE UNITS ARE 1 TO 1.
AT SDP, DETERMINE WHICH MANDATED RES UNITS OR NON - MANDATED UNITS ARE
MULTI - FAMILY AND WHICH ARE SINGLE FAMILY
DISTRICTS THAT ALLOW RES:
C DISTRICT: 17 RES UNITS (MANDATED)
R DISTRICT:
RMU DISTRICT: 38 UNITS (MANDATED)
TO RV IN RV DISTRICT: DEDUCT
ARE DEVELOPED]
TO SENIOR HOUSING: DEDUCT
RESIDENTIAL]
TOTAL: 1,760
CONVERSIONS:
UP TO 106 RES UNITS IF 290 RV UNITS
UP TO 112.50 IF RES UNITS ARE DERIVED FROM
3 of 5
Page 89 of 419
HACIENDA LAKES PUD
COMMERCIAL WORKSHEET FOR EACH SDP
TOTAL PROJECT COMMERCIAL INTENSITY 327,500
IN GROSS FLOOR AREA: 70,000
140,000
92,000
BP DISTRICT:
A) _ 140,000 SF OF GROSS FLOOR AREA OF BP USES
RETAIL
OFFICE
BP
HOTEL OF 135 ROOMS
AND
IF HOTEL BUILT HERE AND NOT IN C DISTRICT, ADD 92,000 SF OF GROSS
FLOOR AREA FOR HOTEL UP TO 135 ROOMS (HOTEL CONVERSION
DISAPPEARS)
OR
IF NO HOTEL IN BP & NO HOTEL IN C, ADD 60,000 SF OF GROSS FLOOR
AREA OF BP USES (THIS IS HOTEL CONVERSION)
OR
B) PRIVATE OR PUBLIC SCHOOL UP TO 140,000 SF OF GROSS FLOOR AREA
EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS)
R/MU DISTRICT:
UP TO 50,000 SF OF GROSS FLOOR AREA OF MEDICAL - RELATED USES
ALL USES ARE OFFICE USES EXCEPT FOR DRUG STORES AND
PROPRIETORY STORES (GROUP 5912) WHICH IS RETAIL]
CHECK APPROVED RETAIL IN TRACT C — CAN'T GO OVER 327,500 SF OF
GROSS FLOOR AREA OF RETAIL IN THE ENTIRE PUD]
CHECK OFFICE IN TRACT C — CAN'T GO OVER 70,000 SF OF GROSS
FLOOR AREA IN ENTIRE PUD]
TRACT C:
327,500 SF OF GROSS FLOOR AREA OF RETAIL;
1. DEDUCT MEDICAL RETAIL APPROVED IN RMU
2. DEDUCT SF OF GROSS FLOOR AREA OF SENIOR HOUSING NOT
DERIVED FROM RESIDENTIAL UNITS [MAX 450 SENIOR HOUSING
UNITS IN ENTIRE PUD]
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Page 90 of 419
3. UP TO 81,875 SF OF GROSS FLOOR AREA OF RETAIL CAN BE
CONVERTED TO OFFICE [= 25% OF TOTAL]; AND
IF NO HOTEL IN BP & HOTEL CONVERSION NOT USED IN BP, ADD 92,000
SF OF GROSS FLOOR AREA OF HOTEL UP TO 135 ROOMS; AND
70,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL
OFFICE USES
1. DEDUCT UP TO 50,000 SF OF GROSS FLOOR AREA OF
PROFESSIONAL AND GENERAL OFFICE IF APPROVED IN RMU
DISTRICT
CONVERSIONS IN TRACT C:
UP TO 25% OF RETAIL CAN BE CONVERTED TO OFFICE [UP TO 81,875 SF]
RETAIL TO OFFICE ON A ONE -TO -ONE BASIS [UP TO 81,875 SF]
RETAIL TO SF SENIOR HOUSING ON A ONE -TO -ONE BASIS [MAY
HAVE 450 SENIOR HOUSING UNITS IN ENTIRE PUD]
5of5
Page 91 of 419
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2011 -41
Which was adopted by the Board of County Commissioners
on the 25th day of October, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of October, 2011.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board, of....._r
ti• County Commissio7si ••,RS•,
3 '
r,
r
z
By: Martha VercYa,
Deputy Cle' k;8 ",L -`
V • V
lte'
Page 92 of 419
HACIENDA LAKES MPUD (PL20250013644)
ORDINANCE 2011-41
Revised December 29, 2025
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Hacienda Lakes MPUD (PL20250013644)
Legal Description
November 24, 2025
PARCEL I
TRACTS A AND B, CADENZA AT HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 74, PAGE 16 THROUGH 20 (INCLUSIVE) OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THAT PORTION CONVEYED TO COLLIER COUNTY
BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 6427, PAGE 2063.
PARCEL II (NON EXCLUSIVE EASEMENT)
TOGETHER WITH: NON-EXCLUSIVE EASEMENT(S) AS SET FORTH AND CREATED BY THAT CERTAIN
DRAINAGE EASEMENT AGREEMENT BY MHP COLLIER LTD AND HACIENDA LAKES OF NAPLES LLC
RECORDED IN OFFICIAL RECORDS BOOK 6044, PAGE 3740, AND DRAINAGE EASEMENT
AGREEMENT BY MHP FL VII, LLLP AND HACIENDA LAKES OF NAPLES, LLC RECORDED IN OFFICIAL
RECORDS BOOK 6170, PAGE 330, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, OVER, UNDER
AND ACROSS THE LANDS DESCRIBED THEREIN.
CONTAINING 5.09 ACRES, MORE OR LESS.
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Collier County Property Appraiser
Aerial
Parcel ID 25116000021 Site Location NAPLES 34114
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Collier County Property Appraiser
Aerial
Parcel ID 25116000128 Site Location NAPLES 34114
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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
Hacienda Lakes of Naples, LLC, 7742 ALICO RD, FT MYERS, FL 33912
100
Jennifer B. Toll-Revocable Trust 77
David E. Torres-Revocable Trust 20
Carolyn Toll, Courtney Toll, and Taylor Toll 1 each
PROPERTY OWNERSHIP DISCLOSURE FORM
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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
USHI RE Holdings, LLC, 5600 Mariner St., Suite 227, Tampa, FL 33609
KIRAN REIF, LLC, 5600 Mariner St., Suite 200, Tampa, FL 33609, it’s
sole member
• Manager: Dr. Kiran C. Patel, 5600 Mariner St, STE 200, Tampa
FL 33609 (ownership interest)
100%
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
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: 4/1/2026
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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.
November 20, 2025
Agent/Owner Signature Date
D. Wayne Arnold, AICP
Agent/Owner Name (please print)
AFFIRM PROPERTY OWNERSHIP INFORMATION
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Collier BLVDJohns RD
R at tl es n ake Hamm ock RD
Cypress LN Viale WAYBamboo LN
A B e t t e r W AY
Sierra Meadows BLVDPalacio TER S
Lucello TER S
Lu cello TER N
Palacio TER N
Lucello TER WHacienda Lakes MPUD (PL20250013644)
Location Map .
550 0 550275 Feet
LEGEND
SUBJECT PROPERTY
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December 11, 2025
Dear Neighbor:
Please be advised that a formal application has been submitted to Collier County seeking approval
of an Insubstantial Change to a Planned Unit Development (PL20250013644). The petitioner is
asking the County to approve this application to allow a modification to Exhibit B, Development
Standards, Table II of Ordinance 2011-41, the Hacienda Lakes Mixed Use Planned Unit Development
(MPUD), to reduce the required yard setbacks from 25 feet to 15 feet on the east and west lot lines
for Tracts A and B of the Cadenza at Hacienda Lakes of Naples Plat.
The subject property is located on the southwest
corner of Rattlesnake Hammock Road and
Cadenza Road. Tracts A and B, Cadenza at
Hacienda Lakes of Naples (Plat Book 74, Pages
16-20). The parcel numbers are 25116000021
and 25116000128 and the overall property is
5.09 acres, more or less.
In compliance with the Land Development Code requirements, a Neighborhood Information Meeting
(NIM) will be held on:
December 30, 2025 at 5:30 PM
South Regional Library, Meeting Room A, 8065 Lely Cultural Pkwy, Naples, FL 34113
(The Collier County Public Library does not sponsor or endorse this program.)
The purpose and intent of this Neighborhood Information Meeting is to provide the public with notice
of an impending zoning application and to foster communication between the applicant and the
public. The expectation is that all attendees will conduct themselves in such a manner that their
presence will not interfere with the orderly progress of the meeting.
At this meeting the petitioner will make every effort to illustrate how the property will be developed
and to answer any questions. For more information or to participate remotely please contact me.
Sincerely,
Pape-Dawson
Sharon Umpenhour, Senior Planning Technician
(239) 785-2946
Sharon.Umpenhour@Pape-Dawson.com
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Hacienda Lakes MPUD (PDI) PL20250013644
ParcelId OWNER ADDRESS ADDRESS1 CITY STATE ZIP SiteStreetAddress
433440004 COLLIER HMA INC % ALTUS GROUP PO BOX 92129 SOUTHLAKE TX 76092 8300 COLLIER BLVD
25116000021 HACIENDA LAKES OF NAPLES LLC 7742 ALICO RD FORT MYERS FL 33912
25116000322 MHP COLLIER LTD C/O CHRIS SHEAR 777 BRICKELL AVE SUITE 1300 MIAMI FL 33131 8455 RATTLESNAKE HAMM RD
25116000429 MHP FL VII LLLP 601 BRICKELL KEY DR #700 MIAMI FL 33131 8360 CADENZA RD
25116000526 HACENDA LAKES OF NAPLES LLC 7742 ALICO RD FORT MYERS FL 33912
31347851088 HACIENDA LAKES CDD C/O REAL EST ECONOMETRICS INC 707 ORCHID DR #100 NAPLES FL 34102
31347851208 ESPLANADE AT HACIENDA LAKES HOMEOWNERS ASSOCIATION INC 28100 BONITA GRANDE DR, STE 203 BONITA SPRINGS FL 34135 8617 VIALE WAY
31347851949 AUER REVOCABLE TRUST MICHAEL & APRIL STEIDLE 8507 PALACIO TER N NAPLES FL 34114 8507 PALACIO TER N
31347851965 C D & K L KRUSE JT REV TRUST 8503 PALACIO TER N NAPLES FL 34114 8503 PALACIO TER N
31347851981 MEDINA, JULIO 159 BRUSHY HILL RD NEWTOWN CT 06470 8499 PALACIO TER N
31347852003 D'ONOFRIO, EDWARD & STEPHANIE 8495 PALACIO TER N NAPLES FL 34114 8495 PALACIO TER N
31347852029 MESSINA, PAUL M & LAURA ANN MATTHEW P MESSINA 8491 PALACIO TER N NAPLES FL 34114 8491 PALACIO TER N
31347852045 GRIEB, THOMAS & MARYANN 8487 PALACIO TER W NAPLES FL 34114 8487 PALACIO TER W
31347852061 MARTIN, WAYNE & DEBORAH 8483 PALACIO TER W NAPLES FL 34114 8483 PALACIO TER W
31347852087 GERMANA, ANTHONY M FRANCES GERMANA 8479 PALACIO TER W NAPLES FL 34114 8479 PALACIO TER W
31347852100 STUART & MARY HUCKSTEP TRUST 8475 PALACIO TER W NAPLES FL 34114 8475 PALACIO TER W
31347852126 RUBIN, HAROLD A & MELANIE L 8471 PALACIO TER W NAPLES FL 34114 8471 PALACIO TER W
31347852142 SZWAJKOWSKI, LEONARD 8467 PALACIO TER W NAPLES FL 34114 8467 PALACIO TER W
31347852168 ROSS JR, BRUCE E & KATHRYN P 2031 WEST WASHINGTON BLVD CHICAGO IL 60612 8463 PALACIO TER W
31347852184 RAMOS JR, LUIS F 8459 PALACIO TER W NAPLES FL 34114 8459 PALACIO TER W
31347852207 HECK, ROBERT CHARLES SHEILA LOIS HECK 8455 PALACIO TER W NAPLES FL 34114 8455 PALACIO TER W
31347852346 W M MCCORMACK REV TRUST JO ANN KRIGER FAMILY TRUST 8458 PALACIO TERR W NAPLES FL 34114 8458 PALACIO TER W
31347852362 JEROME B CRONIN TRUST STACI L CRONIN TRUST 8464 PALACIO TER W NAPLES FL 34114 8464 PALACIO TER W
31347852388 VANHULL, DOUGLAS A DEBRA ALLYN VANHULL 58871 VALLEY VIEW DR WASHINGTON TWP MI 48094 8470 PALACIO TER W
31347852401 KUEHN, FREDERICK C 10 BRADISH LN BABYLON NY 11702 8502 PALACIO TER N
48586002021 COSTCO WHOLESALE CORPORATION 45940 HORSESHOE DRIVE STE 150 STERLING VA 20166 8392 COLLIER BLVD
48586004029 COLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES FL 34104 8495 RATTLESNAKE HAMM RD
416720204 HAMMOCK PARK RESIDENTIAL LLC 7742 ALICO ROAD FT MYERS FL 33912 8150 RATTLESNAKE HAMM RD
417760001 TRACT L DEVELOPMENT LLC 7742 ALICO ROAD FORT MYERS FL 33912 8370 RATTLESNAKE HAMM RD
22726000647 AZURE AT HACIENDA LAKES HOMEOWNERS ASSOCIATION INC 24201 WALDEN CENTER DRIVE, STE 204 BONITA SPRINGS FL 34134 8740 AZURE WAY
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ND-43039816
NOTICE OF
NEIGHBORHOOD
INFORMATION MEETING
PETITION: PL20250013644 – Hacienda
Lakes Planned Unit Development (PUD)
A formal application has been submitted to Collier
County seeking approval of an Insubstantial Change
to a Planned Unit Development (PL20250013644). The
petitioner is asking the County to approve this application
to allow a modification to Exhibit B, Development
Standards, Table II of Ordinance 2011-41, the Hacienda
Lakes Mixed Use Planned Unit Development (MPUD),
to reduce the required yard setbacks from 25 feet to
15 feet on the east and west lot lines for Tracts A and
B of the Cadenza at Hacienda Lakes of Naples Plat.
The subject property is located on the southwest
corner of Rattlesnake Hammock Road and Cadenza
Road. Tracts A and B, Cadenza at Hacienda Lakes
of Naples (Plat Book 74, Pages 16-20). The parcel
numbers are 25116000021 and 25116000128 and
the overall property is 5.09 acres, more or less.
In compliance with the Land Development
Code requirements, a Neighborhood
Information Meeting (NIM) will be held on:
December 30, 2025 at 5:30 PM
South Regional Library, Meeting Room A,
8065 Lely Cultural Pkwy, Naples, FL 34113
(The Collier County Public Library does
not sponsor or endorse this program.)
The purpose and intent of this Neighborhood
Information Meeting is to provide the public with notice
of an impending zoning application and to foster
communication between the applicant and the public.
The expectation is that all attendees will conduct
themselves in such a manner that their presence will
not interfere with the orderly progress of the meeting.
At this meeting the petitioner will make every effort to
illustrate how the property will be developed and to answer
any questions. For more information or to participate
remotely please contact Sharon Umpenhour at (239)785-
2946 or Sharon.Umpenhour@pape-dawson.com.
*Remote participation is provided as a courtesy
and is at the user’s risk. The applicant and Pape-
Dawson are not responsible for technical issues. Page 123 of 419
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HACIENDA LAKES MPUD
(PDI –PL20250013644)
Neighborhood Information Meeting (NIM) | December 30, 2025
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INTRODUCTION
PROJECT TEAM
•David Torres, Hacienda Lakes of Naples, LLC –Applicant
•Michael Grill, Director of Construction –Aureate Development, LLC
•D. Wayne Arnold, AICP, Professional Planner –Pape-Dawson
•Alexa Bernhoft, P.E., Project Engineer –Pape-Dawson
*Please note, all information provided is subject to change until final approval by the governing authority.
Hacienda Lakes MPUD Insubstantial Change (PDI) – PL20250013644 2
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LOCATION MAP
3
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PROJECT INFORMATION
Future Land Use (FLU) Designation: Urban Residential Fringe Subdistrict, Activity Center 7
Zoning: Hacienda Lakes MPUD (Ordinance 2011-41)
Overall Project Acreage: 5.09 +/- acres
Proposed Request:
•Reduce the East and West property line building setback for Tract ‘A’ and ‘B’ of the Cadenza at Hacienda Lakes of Naples Plat (PB74, PGS 16-20).
4
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APPROVED PUD MASTER PLAN
SUBJECT
PROPERTY
SUBJECT
PROPERTY
5
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APPROVED DEVELOPMENT STANDARDS
6
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PROPOSED DEVELOPMENT STANDARDS
7
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PROPOSED SITE DEVELOPMENT PLAN
8
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CONCEPTUAL BUILDING
RENDERINGS
Hacienda Lakes MPUD Insubstantial Change (PDI) – PL20250013644 9
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NE AERIAL VIEW
10
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NW AERIAL VIEW
11
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SE AERIAL VIEW
12
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NEXT STEPS AND RESOURCES
•Receive review comments from staff.
•Respond to comments.
•HEX Hearing sign posted on property advertising hearing dates.
HEARING DATES:
•Hearing Examiner (HEX) – TBD, 1:00 PM., Collier County Government Center, 3299 Tamiami Trail
East, 3rd floor BCC Chamber, Naples, FL, 34112
CONTACT INFORMATION:
PAPE -DAWSON: Sharon Umpenhour, Senior Planning Technician;
Sharon.Umpenhour@pape-dawson.com or (239) 785-2946
COUNTY STAFF: Timothy Finn; Timothy.Finn@collier.gov, 239-252-4312
Collier County Growth Management Department (GMD) Public Portal: Petition #PL20250013644
•https://cvportal.collier.gov/cityviewweb/
13
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THANK YOU
14
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Hacienda Lakes MPUD (PDI - PL20250013644)
December 30, 2025 NIM Transcript
Wayne Arnold: 00:00 Good evening, everybody. My name's Wayne Arnold and I'm
a certified planner with Pape-Dawson. And we're here
tonight to talk to you about a minor change we're making to
the Hacienda Lakes project. So this is our official
neighborhood information meeting that we're required to
hold as part of the review process.
00:17 So this is Sharon Umpenhour with our office. She's doing a
recording of the meeting, which we're required to provide a
transcript to the county. This is Maria Estrada from Collier
County government. She's the planner that's assisting on the
project.
00:30 And so brief introductions, Chris Smith is with the developer
team that's come in to actually create the site. And this is
for, we're calling it the NCH College of Osteopathic
Medicine. So this would be a new medical college coming to
town. And the location is showing up here on the visualizer.
It's about five acres, David, a little over five acres?
David Torres: 00:59 Yeah. A little over.
Wayne Arnold: 01:01 So located just west of Ekos and just east of what will be the
Costco, assuming that they move forward with their
redevelopment plans. South side of Rattlesnake Hammock
Road and just east of Collier Boulevard about a quarter mile.
01:17 We're here to reduce the east and west property line
setbacks on that single tract that we're building on. The east
and west from 25 feet to 15 feet. That allows them to use a
more prototypical building that they've developed for a
college similar in style to one that was built in Orlando. We
think it makes sense. We have an FP&L easement that's
located immediately to our west. And then to the east of the
building, it's primarily on the north side of the site adjacent to
the parking for the Ekos project.
Speaker 3: 01:53 Say that again. The north side of the site?
Wayne Arnold: 01:55 Yeah, I'll show you. I was going to go to the site plan.
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Hacienda Lakes MPUD (PL20250013644)
Transcript - PL20250013644 Hacienda Lakes MPUD.docx
December 31, 2025
Page 2 of 5
Speaker 3: 01:56 Okay. No, that's fine then.
Wayne Arnold: 01:59 So here's our site plan and north is to your left.
Speaker 3: 02:00 Ah, good. Thank you.
Wayne Arnold: 02:01 The building is shown here. And that's a three story, about
110,000 square foot building. So we'll have a parking field
that abuts around Rattlesnake Hammock. Most of the
student parking goes to the south. Here's your roundabout
that you're familiar with. And as I said, the Ekos parking lot is
roughly here. Their leasing facility is in this area, probably the
closest building that would be located to that.
02:30 So we've added a note here. The county asked us just today
to add this other notation, but ours says, "The minimum
yards of principal use can be used to 15 feet on the east and
west sides of the commercial track." It's identified as tracts A
and B, but it ends at Hacienda's flag. And then the county
utility staff asked us to put a note that just simply said that
despite our setback reductions, we still have to comply with
their utility standards and setbacks from force majeures and
things like that. So it's pretty benign to change. We're not
changing any of the other development standards and these
changes only apply to that track that's highlighted where the
facility is going to be built.
03:10 We've started developing some conceptual building
renderings. This is looking from the northeast at it. And this
shows you the parking lot that's in front. It's a route to the
campus out here. And you can see the roundabout in the
background, but a lot of glass, it's going to have some unique
architectural features about it. We think that it's a good-
looking building. There's another view from the same angle,
same direction from north looking to the west. And you can
see again, that's going to be staff parking in the front
primarily.
03:41 Another view from the southeast, so this is the view from the
roundabout. So here's where that setback reduction would
apply for the building to allow it to be 15 feet of this dresser,
right at the line, which roughly is where the sidewalk is
shown. So we think given the nature of what it is and where it
is, we think that it will fit. And doesn't really show well behind
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Hacienda Lakes MPUD (PL20250013644)
Transcript - PL20250013644 Hacienda Lakes MPUD.docx
December 31, 2025
Page 3 of 5
it, but that's the FP&L that's going to be all back here once
it's behind us.
04:04 So that's in a nutshell what we're proposing to do. This is
some contact information that we have. You can take a
photo of that and you can link up to the county's portal
through there. You can contact Sharon at the number we
have here. You can scan the QR code and that takes you to
what, Sharon?
Sharon Umpenhour: 04:30 The top QR code is my contact information. The bottom QR
code will take you to the county's website.
Wayne Arnold: 04:39 That's right. I did not mention on the record, but the medical
college is on a fast track through Collier County. They've
given them some economic incentives to develop the school
here. So they're on track if all goes well with this, that they
would be under construction in 2026 and be open for
enrollment in 2027. So a big deal for Collier County. I think
it's prestigious for us to get our own college of medicine. And
this is affiliated with NCH. And that's pretty neat too if some
local group gets to develop a osteopathic hospital or I mean
teaching college.
Speaker 5: 05:14 Is it traditional or functional medicine?
Wayne Arnold: 05:17 Well, osteopathic medicine is a little different than if you're
going to MD. My daughter-in-law is an osteopathic doctor.
And it's a little bit more on natural healing methods, I would
say. Nurture your body and try to be healthy that way. But
otherwise, she's going to be an internal medicine doctor. And
so I think that's just a distinction between MD versus a DO.
Any other questions?
Speaker 3: 06:01 Can you just go back to the site plan?
Wayne Arnold: 06:01 Sure.
Speaker 3: 06:01 Yeah, I just...
Speaker 3: 06:01 Yeah. Thanks.
Wayne Arnold: 06:01 And again, this presentation's available. If you contact
Sharon, we'll certainly make that available to you and you
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Hacienda Lakes MPUD (PL20250013644)
Transcript - PL20250013644 Hacienda Lakes MPUD.docx
December 31, 2025
Page 4 of 5
can stay plugged in as we go through the process. So just
from a procedural standpoint, we don't have a hearing date
set yet, but we should be going to the hearing examiner for
this I would suspect sometime in February is our hope.
Maria, you may know, but I think the hearing examiner only
has one meeting in January and that was already being
advertised for or something.
Maria Estrada: 06:26 Yes. The next would be February 12th or the 26th.
Wayne Arnold: 06:27 Okay. Thank you. February 12th or 26th.
Wayne Arnold: 06:27 David, do you hane anything you want to add?
David Torres: 06:31 No. No, I think, like you said, this is an exciting project for the
county overall, but for us that have developed in the area, I
mean I've always wanted to see something like this honestly
there and think we're lucky to have it. It's going to balance
out the area too. It's going to bring some jobs, there provide
to. And I think it's needed.
Wayne Arnold: 07:04 I think last I talked, and that number probably fluctuates but
maybe around 100 employees, plus a couple hundred
students. And the students need places to live and there's
several apartments that are walkable or easy drive to here. I
think it makes a lot of sense. I know that some of the other
sites they looked at were just so much more remote. They
just didn't have that. I wouldn't call that an urban field, but at
least the urban environments that they needed for the
student population.
Speaker 5: 07:36 We need some restaurants for the students.
Speaker 3: 07:36 Yeah.
Wayne Arnold: 07:36 They will have a cafeteria.
Speaker 3: 07:39 They have a cafeteria there?
Wayne Arnold: 07:40 I think they're going to put some sort of cafeteria.
Chris Smith: 07:43 Yeah, there won't be any cooking. So that will be-
Speaker 3: 07:46 Sandwiches.
Page 142 of 419
Hacienda Lakes MPUD (PL20250013644)
Transcript - PL20250013644 Hacienda Lakes MPUD.docx
December 31, 2025
Page 5 of 5
Speaker 5: 07:48 Now you're just lobbing personal insults.
Chris Smith: 07:52 Now you're talking my language.
Speaker 3: 07:55 And again, this is talking about going from 25 feet which is
not a problem. Are you involved in the lighting work also in
the parking lot or something?
Wayne Arnold: 08:08 It has to be lighting plan completed and probably Norman
Trebilcock, who's doing the transportation engineering is
also going to do the lighting design, I would imagine.
Because it's I don't know anything about the details of it
tonight, but...
David Torres: 08:22 It'll meet the county's requirements. The county has a
photometric requirement for the parking lots and those kinds
of things. It's going to have to be in.
Wayne Arnold: 08:35 Okay. Anything else? Appreciate you coming out. I know it's
not a long presentation and it's just a pretty minor change,
but it's necessary for us. Right. So anyway, thank you all for
coming out. I appreciate it very much.
Speaker 3: 08:46 Appreciate it. We'll keep an eye on it.
Speaker 5: 08:47 It's exciting.
Page 143 of 419
Page 144 of 419
Page 145 of 419
I
1T CON o.
I o Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
Collier County, Florida
x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
Q
Phone: (239) 252-2646
Publication Confirmation
COLLIER COUNTY STATE OF FLORIDA
The attached copy of advertisement,
2/26/26 HEX-Hacienda Lakes MPUD (PDI)
PL20250013644)was published on the publicly
accessible website https://notices.collierclerk.com as
designated by Collier County, Florida on 02/06/2026.
THIS IS NOT AN AFFIDAVIT OF PUBLICATION.
Page 146 of 419
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., February 26, 2026, in the Hearing Examiner's meeting room, at 2800 North Horseshoe
Drive,Room 609/610,Naples,FL 34104,to consider:
PETITION NO. PDI-PL20250013644 — HACIENDA LAKES OF NAPLES, LLC
REQUESTS AN INSUBSTANTIAL CHANGE TO THE HACIENDA LAKES MPUD,
ORDINANCE NO. 11-41, FOR (1) THE ADDITION OF A FOOTNOTE TO TABLE II —
COMMERCIAL, INCLUDING MIXED USE BUILDINGS, PUBLIC SAFETY, AND
SENIOR HOUSING DEVELOPMENT STANDARDS, ADDING THAT THE MINIMUM
YARDS FOR THE PRINCIPAL USE MAY BE REDUCED TO 15 FEET ON THE EAST
AND WEST SIDES OF THE COMMERCIAL TRACT IDENTIFIED AS TRACTS A AND
B OF THE CADENZA AT HACIENDA LAKES OF NAPLES PLAT AS RECORDED IN
PLAT BOOK 74, PAGES 16 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; AND (2) THE ADDITION OF A UTILITIES NOTE TO TABLE II
COMMERCIAL, INCLUDING MIXED USE BUILDINGS, PUBLIC SAFETY, AND
SENIOR HOUSING DEVELOPMENT STANDARDS, THAT SETBACKS MUST
COMPLY WITH THE REQUIRED SEPARATION BETWEEN UTILITY
INFRASTRUCTURE AND BUILDINGS OR STRUCTURES PROVIDED IN THE
UTILITY STANDARDS AND PROCEDURES ORDINANCE, CHAPTER 134, ARTICLE
III OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES.THE SUBJECT
PARCEL IS IN THE COMMERCIAL TRACT OF THE MPUD AND IS LOCATED
APPROXIMATELY ± 1,280 FEET EAST OF THE INTERSECTION OF COLLIER
BOULEVARD AND RATTLESNAKE HAMMOCK ROAD ON THE SOUTH SIDE OF
RATTLESNAKE HAMMOCK ROAD IN SECTION 23,TOWNSHIP 50 SOUTH,RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ± 5.09 ACRES OF THE f
2,262 ACRE MPUD.
Page 147 of 419
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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 Divisions 2800 North
Horseshoe Drive,Naples,FL 34104.
As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such
final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she
proceeds with construction at his/her own risk during this 30-day period.Any construction work completed
ahead of the approval authorization shall be at their own risk.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.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(a,collier.gov.
Page 148 of 419
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 149 of 419
2/26/2026
Item # 3.B
ID# 2026-218
PETITION NO. SV-PL20250003185 –Panda Express -Immokalee Rd. & Founders - Request for a variance from the
Land Development Code Section 5.06.04.F.2.a, which allows for Outparcels to have one additional 60 square foot wall
sign facing the shopping center, in addition to any wall signs permitted by the code, provided that this sign does not face
a public right-of-way, to not exceed two total wall signs. The applicant is seeking a third wall sign, 6 feet by 6 feet, at
8955 Founder Square Drive, Founders Square Tract G, Section 26, Township 48 South, Range 26 East, Collier County,
Florida.
ATTACHMENTS:
1. Staff Report SV-PL20250003185-Panda Express -Immokalee Rd. & Founders (SV)
2. Attachment A- Site Sign Plan
3. Attachment B-Ordiance No. 99-11
4. Attachment C-Backup Package
5. Attachment D- Legal Ad and HEX Sign Posting
Page 150 of 419
SV-PL20250003185– 8955 Founder’s Square Dr Page 1 of 7
January 8, 2025
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
ZONING DIVISION-ZONING SERVICES SECTION
HEARING: JANUARY 8, 2025
SUBJECT: PETITION SV-PL20250003185, PANDA EXPRESS- 8955 FOUNDER’S
SQUARE DR
______________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner: CFT NV Development, LLC Agent / Applicant: Gina Penney
1120 N Town Center Dr Atlas Signs Holdings, Inc
Suite 150 1077 W Blue Heron Blvd
Las Vegas, NV 89144 West Palm Beach, FL 33404
REQUESTED ACTION:
The petitioner requests a Sign Variance from Land Development Code 5.06.04.F.2.a, to allow
one additional wall sign on the secondary frontage, resulting in a total of three signs within the
Baumgarten Mixed Planned Unit Development (MPUD) under Ordinance 19-11, as amended.
GEOGRAPHIC LOCATION:
The subject 1-acre parcel is located at 8955 Founder’s Square Dr., within the Baumgarten
MPUD, and is also described as Founder’s Square Tract G, in Section 26, Township 48 South,
Range 26 East, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The 1-acre property in question is located within the Baumgarten MPUD, as outlined in
Ordinance 19-11, which does not specify signage regulations. Consequently, any
signage must comply with the Land Development Code (LDC) in effect at the time a
permit is requested. The applicant is seeking a variance for signage to better
accommodate the unique layout of the parcel, which creates visibility challenges that
cannot be resolved under the LDC's existing allowances. Based on a site review by the
applicant, they believe that adding certain wall signs is crucial for effectively
identifying the building to potential customers approaching from either direction on
Immokalee Rd.
Page 151 of 419
SV-PL20250003185– 8955 Founder’s Square Dr Page 2 of 7
January 8, 2025
The request entails a variance from Land Development Code Section 5.06.04.F.2.a,
which permits Outparcels to feature one additional 60-square-foot wall sign facing the
shopping center, on top of any wall signs allowed by the code, provided that this
additional sign does not face a public right-of-way, and is limited to a total of two wall
signs. The applicant is seeking permission for a third wall sign, measuring 6 feet by 6
feet, located at 8955 Founder Square Drive, Founders Square Tract G, Section 26,
Township 48 South, Range 26 East, Collier County, Florida.
(Location Map)
Page 152 of 419
SV-PL20250003185– 8955 Founder’s Square Dr Page 3 of 7
January 8, 2025
(Panda’s Express Sign Placement Plan)
Allowed by Code S1, S2
Deviation Request S3
Page 153 of 419
SV-PL20250003185– 8955 Founder’s Square Dr Page 4 of 7
January 8, 2025
SURROUNDING LAND USE AND ZONING:
North: Six-Lane Immokalee Road ROW, Canal, and a Developed 1.06-acre Commercial
Parcel within Heritage Bay Mixed Planned Unit Development (MPUD) Zoning
District
East: Developed 1.01-acre Commercial parcel within Baumgarten Mixed Planned Unit
Development (MPUD) Zoning District
South: Interconnecting Founders Square DR and Multi-Family within Baumgarten Mixed
Planned Unit Development (MPUD)
West: Developed 1-acre commercial parcel within Baumgarten Mixed Planned Unit
Development (MPUD) Zoning District
Aerial Photo (Collier County GIS)
Page 154 of 419
SV-PL20250003185– 8955 Founder’s Square Dr Page 5 of 7
January 8, 2025
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located in the Baumgarten Mixed Plan Unit Development (MPUD)
Zoning District on the Southeast corner of Immokalee Road and Collier Boulevard in proximity
to the Activity Center Subdistrict of the Future Land Use Map (FLUM) of the GMP. The GMP
does not address individual Variance requests but focuses on the larger issue of the actual use.
The Baumgarten MPUD is consistent with the FLUM.
Based upon the above analysis, Staff concludes that the proposed use for the subject site is
consistent with the Future Land Use Element, although the Variance request is not specifically
addressed.
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.
Yes, staff recognize that the landowner is facing challenges that are specific to their
property, rather than due to their own actions. It’s important to note that granting the
variance won't significantly change the essential character of the area in the same district.
The property has two sides with public frontage: one along Immokalee Road and the other
along Founders Place. The building has two customer-facing sides: the main entrance is
aligned with the primary entry drive and storefront (Sign S1), while the secondary side
Page 155 of 419
SV-PL20250003185– 8955 Founder’s Square Dr Page 6 of 7
January 8, 2025
faces the drive-thru (Signs S2 and S3). Due to limitations concerning site access, traffic
flow design, and visibility from Immokalee Road, vehicles coming from the secondary
frontage have difficulty seeing the primary wall sign (S1). This creates a unique visibility
challenge that isn’t encountered by many other properties in the district, which typically
have either a single frontage or a more favorable building orientation.
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 states that a strict interpretation of these regulations would cause
unnecessary hardships on their operation. Section 5.06.00 of the LDC limits wall signage
to one sign per tenant frontage facing a public right-of- way or parking area. A strict
interpretation of this provision would allow only the primary wall sign (S1), depriving the
applicant of adequate visibility on both frontages despite the building's dual orientation.
Other properties enjoy similar benefits through better building orientation or approved
multi-sign variances. Denial of additional signs would impair customer wayfinding for
vehicles entering from the drive-thru side, leading to missed turns, last-second lane
changes, and confusion, thereby impacting safety and operational efficiency.
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 states that the special conditions and circumstances peculiar to the land,
structure, or building do not result from the applicant's actions. The site’s two-sided
frontage configuration, setback requirements, access points, and internal circulation
patterns are dictated by county-approved development plans and roadway alignments. The
building’s dual-orientation layout was established to meet site design criteria, parking
accessibility, and drive-thru functionality. These factors are outside the applicant’s control,
and the need for multiple wall signs is a direct result of the property's layout rather than a
self-imposed hardship.
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.
The requested variance will not grant any special privileges that are unavailable to others
in the same zoning district. Approving the request aligns with several businesses within
MPUD, and other commercial districts have successfully obtained variances or alternative
signage approvals, particularly when multiple public frontages are present or site layouts
obstruct visibility. Granting this variance does not confer a competitive edge; rather, it
ensures fairness for multi-frontage developments by allowing similar visibility and
aligning with the Sign Code’s purpose of providing safe and effective business
identification for all properties.
e. That the Variance granted is the minimum relief that will make possible the
reasonable use of the land, building or structure.
Page 156 of 419
SV-PL20250003185– 8955 Founder’s Square Dr Page 7 of 7
January 8, 2025
The applicant is requesting a variance for an additional supplemental wall sign (S3) to
enhance visibility from customers traveling east or west. This request is carefully crafted
to avoid sign clutter while providing essential visibility, ensuring that the relief sought is
the minimum necessary for the effective use of the property. The goal is to maintain clear
and safe communication for customers.
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.
The requested variance is consistent with the Collier County Sign Code and the Growth
Management Plan, ensuring that it will not have a negative impact on neighboring
properties or the public welfare. This minor adjustment facilitates effective
communication while upholding safety and efficiency standards. It does not impede
community health or property rights, nor does it obstruct light or air access for adjacent
properties. The variance aims to enhance safe and efficient vehicular traffic, maintain
property values through attractive signage, and minimize excessive sign clutter while still
allowing for clear business identification.
The additional wall signs will improve wayfinding for traffic on dual frontages and help
reduce unsafe maneuvers, all while conforming to architectural compatibility standards.
They are not expected to create visual blight or detrimentally affect surrounding
properties. Granting this variance will further the objectives of the Sign Code and align
with the Growth Management Plan’s emphasis on fostering safe, efficient, and well-
designed commercial development.
CONCURRENT LAND USE APPLICATIONS:
There are no concurrent land use applications under review at present.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner render a Decision to approve
Petition SV-PL20250003185 to deviate from LDC Sections 5.06.04.F.2.a by allowing one
additional wall sign at the subject location.
Attachments:
A. Site Sign Plan
B. Baumgarten, Ordinance No. 99-11
C. Applicant’s Application and Backup Materials
D. Legal Ad and HEX Sign Posting
Page 157 of 419
Scale: 1" = 50'-0"168'-4"
M1
10'
15'275'-6"S2
S1
D2
48'-10"89'-0"D1
D5
D3
D6
D7
56'-0"
37'-0"
51'-3"
100'-7"38'-10"18'-8"71'-0"63'-0"77'-4"68'-9"32'-0"
D4
Page 158 of 419
5
Jessica N.
JS
02/14/2024 186524
Site D30443
5
- Scale: 3/16" = 1'-0" 23'-3"67'-2"
2 03/06/24 R - Update standards, Revise M1
1 06/17/24 Binder
2 07/01/24 Add S3 Lockup to DT
28"
Center on
Drive Thru Area
Equal Equal
3 04/23/25 Revise M1
8955 Founders Square Drive
Naples, FL 34120
4 05/09/25 Revise M1
5 05/15/25 Rem branding D1, add M2
Page 159 of 419
ORDINANCE NO. 19- 11
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 TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE BAUMGARTEN
MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 400 MULTIFAMILY AND/OR TOWNHOUSE
RESIDENTIAL DWELLING UNITS AND UP TO 270,000
SQUARE FEET OF COMMERCIAL LAND USES AT THE
SOUTHEAST QUADRANT OF IMMOKALEE ROAD AND
COLLIER BOULEVARD, IN SECTION 26, TOWNSHIP 48,
RANGE 26, COLLIER COUNTY, FLORIDA, CONSISTING
OF 55.66 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20170000768]
WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard
D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing BCHD Partners II,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
Township 48, Range 26, Collier County, Florida, is changed from a Rural Agricultural (A)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
55.66+/- acre project to be known as the Baumgarten MPUD, to allow construction of a
maximum of 400 residential dwelling units and up to 270,00 square feet of commercial land uses
17-CPS-01708/ 1481218/1]212
Pelican Nursery/PL20170000768 Page 1 of 2
6/12/19
Page 160 of 419
in accordance with the Baumgarten MPUD Document, 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.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this I k
day of __I 2019.
ATTEST:BOARD OF C• TY COMMISSIONERS
CRYSTAL K.KINZEL, CLERK COLLIER C.4 RIDA
011114410
By: . Lao_e, . By:
ii Duty Clerk illiam L. McDaniel, Jr., ChairmanAttestastoLha] 1
signature only.
Approved as tb form and legality:
H _
tdi
eidi Ashton-Cicko u
Managing Assistant County Attorney
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit El: Deviation#1 Cross Section This ordinance iiia ttith th=-
Exhibit F: Developer Commitments C
day
ory ofof
r,`
and acknowledgement that
filing received this t__. day
By
Deo CVer
17-CPS-01708/1481218/1]212
Pelican Nursery/PL20170000768 Page 2 of 2
6/12/19
CPage 161 of 419
EXHIBIT A
BAUMGARTEN MPUD
PERMITTED USES
A maximum of 400 residential dwelling units and 270,000 square feet of gross commercial floor
area shall be permitted within the MPUD. Any commercial square footage above 250,000 square
feet must include indoor self-storage. The uses are subject to the trip cap identified in Exhibit F,
Section 4.a of this PUD. No building or structure, or part thereof, shall be erected, altered or
used, or land used, in whole or in part, for other than the following:
MIXED-USE:
A. Principal Uses (SIC In Parenthesis):
1.Accident and Health Insurance Services 6321)
2.Accounting, Auditing and Bookkeeping Services 8721)
3.Adjustment services 7322)
4.Advertising (consultants) agencies 7311)
5. Advertising, not elsewhere classified 7319)
6.Agricultural uses (interim until first certificate of occupancy for N/A)
any permitted use)
7.Architectural services 8712)
8.Animal Hospitals 0742)
9.Auto and Home Supply Stores 5531)
10. Automotive Washing and Polishing 7542)
11. Bakeries, Retail 5461)
12. Banks, commercial: national 6021)
13. Banks, commercial: not chartered 6029)
14. Banks, commercial: state 6022)
15. Banks, savings: Federal 6035)
16. Banks, savings: not federally chartered 6036)
17. Barber Shops 7241)
18. Beauty Shops 7231)
19. Book Stores 5942)
20. Breweries (limited to a maximum of 5,000 sq. ft.) 2082)
21. Business Associations 8611)
22. Business Consulting Services, not elsewhere classified 8748)
23. Camera and Photographic Supply Stores 5946)
24. Candy, Nut and Confectionery Stores 5441)
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
Page 1 of 19
s,Page 162 of 419
25. Carpet and Upholstery Cleaning 7217)
26. Civic, Social and Fraternal Associations 8641)
27. Clothing and Accessory Stores, Men's and Boy's 5611)
28. Clothing Stores, Women's 5621)
29. Collection Services 7322)
30. Commodity Contracts Brokers and Dealers 6221)
31. Commercial Art and Graphic Design 7336)
32. Commercial Photography 7335)
33. Commercial Economic, Sociological and Educational Research 8732)
34. Computer and Computer Software Stores 5734)
35. Computer Facilities Management Services 7376)
36. Computer Maintenance and Repair 7378)
37. Computer Processing and Data Preparation Services 7374)
38. Computer Programming services 7371)
39. Computer Rental and Leasing 7377)
40. Credit Reporting Services 7323)
41. Credit Unions, Federal 6061)
42. Credit Unions, State: not federally chartered 6062)
43. Dairy Products Stores 5451)
44. Data Processing Consultants 7379)
45. Dance Studios, Schools and Halls 7911)
46. Data Processing Services 7374)
47. Dental Laboratories 8072)
48. Dentist Office/Clinic 8021)
49. Department Stores 5311)
50. Direct mail advertising service 7331)
51. Direct Selling Establishments 5963)
52. Doctors - Medicine Offices and Clinics 8011)
53. Doctors - Osteopathy Offices and Clinics 8031)
54. Doctors - Chiropractors Offices and Clinics 8041)
55. Dog Grooming 0752)
56. Drapery, Curtain and Upholstery Stores 5714)
57. Drinking Places (Alcoholic Beverages); Bottle Clubs and 5813)
Cabarets are not permitted
58. Drug Stores 5912)
59. Dwelling Units - Multi-family and Townhouse, above retail or
office uses
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
Page 2 of 19
Page 163 of 419
60. Eating Places, no outdoor dining may be located on the 5812)
easternmost MU tract adjacent to Bent Creek Preserve PUD.
61. Engineering services: industrial, civil, electrical, mechanical, 8711)
marine and design
62. Executive Offices 9111)
63. Executive and Legislative Offices Combined 9131)
64. Fire, Marine and Casualty Insurance Services 6331)
65. Florists 5992)
66. Food Stores, Miscellaneous 5411, 5499)
67. Foreign Branches and Agencies of Banks 6081)
68. Foreign Trade and International Banking Institutions 6082)
69. Funeral home or parlor 7261)
70. Garment Pressing, and Agents for Dry Cleaners 7212)
71. Gasoline Service Stations 5541)
72. General Automotive Repair Shops 7538)
73. General Government, not elsewhere classified 9199)
74. General Merchandise Stores (including warehouse clubs and 5311-5399)
discount retail superstores)
75. Gift, Novelty and Souvenir Shops 5947)
76. Hair weaving or Replacement Services 7299)
77. Hardware Store 5251)
78. Health practitioners - not elsewhere classified 8049)
79. Hobby,Toy and Games Shops 5945)
80. Home health care services 8082)
81. Home Furniture and Furnishings Stores 5712-5719)
82. Household Appliance Stores 5722)
83. Hospital and Medical Service Plans 6324)
84. Information Retrieval Services 7375)
85. Insurance Carriers, not elsewhere classified 6399)
86. Investment Advice 6282)
87. Jewelry Stores 5944)
88. Land Subdividers and Developers 6552)
89. Landscape architects, consulting and planning 0781)
90. Laundries (Coin Operated) and Dry-cleaning 7215)
91. Legal services 8111)
92. Libraries (except regional libraries) 8231)
93. Life Insurance 6311)
94. Liquor Stores 5921)
95. Loan brokers 6163)
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
Page 3 of 19
Page 164 of 419
96. Luggage and Leather Goods Stores 5948)
97. Lumber and Other Building Materials Dealers (including home 5211)
improvement superstores)
98. Management Services 8741)
99. Management Consulting Services 8742)
100. Markets, Meat and Fish (Seafood) Markets 5421)
101. Markets, Fruit and Vegetable Markets 5431)
102. Medical Equipment Rental and Leasing 7352)
103. Medical Laboratories 8071)
104. Membership Organizations, not elsewhere classified 8699)
105. Membership Warehouse Clubs with Gas and Liquor No SIC)
106. Miniwarehouse/self-storage (indoor air conditioned only) 4225)
107. Miscellaneous amusement and recreational services not 7999)
elsewhere classified. Only judo instruction, karate instruction,
moped rental, motorcycle rental, rental of bicycles, scuba and
skin diving instruction are permitted
108. Miscellaneous Business Credit Institutions 6159)
109. Miscellaneous Home Furnishings Stores 5719)
110. Miscellaneous personal services, not elsewhere classified 7299)
excluding massage parlors, steam baths, tattoo parlors and
Turkish baths. Day spas are permitted.
111. Miscellaneous Retail Stores, not elsewhere classified 5999)
112. Mortgage Bankers and Loan Correspondents 6162)
113. Motion Picture Theaters 7832)
114. Musical Instrument Stores 5736)
115. News Dealers and Newsstands 5994)
116. Nondeposit Trust Facilities 6091)
117. Optical Goods Stores 5995)
118. Optometrists - offices and clinics 8042)
119. Paint, Glass and Wallpaper Stores 5231)
120. Pension, Health and Welfare Funds 6371)
121. Personal Credit Institutions 6141)
122. Photocopying and Duplicating Services 7334)
123. Photographic Studios, Portrait 7221)
124. Photofinishing Laboratories 7384)
125. Physical Fitness Facilities 7991)
126. Podiatrists - offices and clinics 8043)
127. Political Organizations 8651)
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128. Professional Membership Organizations 8621)
129. Professional Sports Clubs and Promoters, indoor only 7941)
130. Public Relations Services 8743)
131. Radio, Television and Consumer Electronics Stores 5731)
132. Radio, Television and Publishers Advertising Representatives 7313)
133. Real Estate Agents and Managers 6531)
134. Record and Prerecorded Tape Stores; adult video rental or 5735)
sales prohibited
135. Religious Organizations 8661)
136. Repair Shops and Related Services, not elsewhere classified 7699)
137. Retail Nurseries, Lawn and Garden Supply Stores 5261)
138. Secretarial and Court Reporting Services 7338)
139. Security Brokers, Dealers and Flotation Companies 6211)
140. Security and Commodity Exchanges 6231)
141. Services Allied with the Exchange of Securities or Commodities, 6289)
not elsewhere classified
142. Sewing, Needlework and Piece Goods Stores 5949)
143. Shoe Repair Shops and Shoeshine Parlors 7251)
144. Short-Term Business Credit Institutions, except agricultural 6153)
145. Social Services, Individual and Family (activity centers, elderly 8322)
or handicapped only; day care centers for adult and
handicapped only)
146. Sporting Goods Stores and Bicycle Shops 5941)
147. Stationery Stores 5943)
148. Stores, Children's and Infants Wear 5641)
149. Stores, Family Clothing 5651)
150. Stores, Miscellaneous Apparel and Accessory 5699)
151. Stores, Shoes 5661)
152. Stores, Women's Accessory and Specialty 5632)
153. Surety Insurance 6351)
154. Surveying Services 8713)
155. Tanning Salons 7299)
156. Tax Return Preparation Services 7291)
157. Tire retreading and repair shops, tire repair only 7534)
158. Title Abstract Offices 6541)
159. Title Insurance 6361)
160. Tobacco Stores and Stands 5993)
161. Travel Agencies (no other transportation services) 4724)
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162. Tutoring 8299)
163. Used Merchandise Stores (excluding pawn shops) 5932)
164. Veterinary services for animal specialties 0742)
165. Video Tape Rental, adult video rental or sales prohibited 7841)
166. Watch, Clock and Jewelry Repair 7631)
167. Any other principal use, which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the
Board of Zoning Appeals ("BZA") or the Hearing Examiner.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the permitted uses within
this MPUD document.
2. Water management facilities to serve the project such as lakes.
3. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos and picnic areas.
4. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
RESIDENTIAL:
A. Principal Uses:
1. Dwelling Units - Multi-family and Townhouse
2. Model homes/ model sales or leasing offices
3. Any other principal use, which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA")
or the Hearing Examiner.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to garages, carports, swimming
pools, spas and screen enclosures.
2. Water management facilities to serve the project such as lakes.
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3. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
C. Amenity Area:
1. Principal Uses:
a. Clubhouses, community administrative facilities and recreational facilities
intended to serve residents and guests, including leasing and construction
offices.
b. Any other principal use, which is comparable in nature with the foregoing
list of permitted principal uses, as determined by the Board of Zoning
Appeals ("BZA") or the Hearing Examiner.
2. Accessory Uses:
a. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to swimming pools and spas.
b. Water management facilities to serve the project such as lakes.
c. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, gazebos and picnic areas.
d. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory
uses of this MPUD as determined by the BZA or the Hearing Examiner.
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EXHIBIT B
BAUMGARTEN MPUD
DEVELOPMENT STANDARDS
The tables below set forth the development standards for land uses within the Baumgarten
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.
I.MIXED-USE:
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Sq. Ft. N/A
AVERAGE LOT WIDTH 100 ft. N/A
MINIMUM YARDS (External)
From Immokalee Road ROW 25 ft. SPS
From Collier Boulevard ROW 25 ft. SPS
From Eastern Project Boundary*** 50 ft.15 ft
From Southern Project Boundary 200 ft. Minimum 200 ft. Minimum
MINIMUM YARDS (Internal)
Internal Drives/ROW 10 ft.10 ft
Rear 10 ft.10 ft.
Side 10 ft.10 ft.
Lakes (measured from control
elevation) 25 ft.20 ft.*
Preserve 25 ft.10 ft.
MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft.
MAXIMUM HEIGHT*** ZONED ACTUAL ZONED ACTUAL
Retail Buildings 45 ft. 65 ft. 35 ft.45 ft.
Office Buildings and Hotel/Motel 55 ft. 65 ft. 35 ft.45 ft.
MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A
MAXIMUM GROSS COMMERCIAL AREA 270,000 sq. ft. N/A
No structure may be located closer than 20 feet to the control elevation of a lake (allowing
for the required minimum 20-foot wide lake maintenance easement).
Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales
structures shall be permitted to have a minimum floor area of twenty-five (25) square
feet and shall be subject to the accessory structure standards set forth in the LDC.
Any building exceeding 50 feet in height shall increase its setback by one foot for each
one feet exceeding 50 feet of zoned height from the eastern PUD boundary. No dumpster
enclosure permitted within 105 feet of the eastern PUD boundary.
Note: Residential dwellings may be constructed above retail or office use.
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II.RESIDENTIAL:
PRINCIPAL STRUCTURE *6 TOWNHOUSE MULTI-FAMILY AMENITY AREA *4
PER UNIT)
Minimum Lot Area 1,440 SF 43,560 SF N/A
Minimum Lot Width 18 feet N/A N/A
Minimum Lot Depth 80 feet N/A N/A
Minimum Front Yard Setback 20 feet *2 20 feet *2 15 feet
Minimum Side Yard Setback 0/10 feet *1 0/10 feet *1 15 feet
Minimum Rear Yard Setback 15 feet 15 feet 15 feet
Minimum Preserve Setback 25 feet 25 feet 25 feet
Minimum PUD Boundary Setback 105 feet 105 feet 105 feet *5
Maximum Building Height
Zoned 45 feet 55 feet 25 feet
Actual 50 feet 65 feet 35 feet
Minimum Distance Between Buildings 20 feet 20 feet N/A
Floor Area Minimum, per unit 750 SF 684 SF N/A
ACCESSORY STRUCTURES *6
Minimum Front Yard Setback *2 15 feet 15 feet 10 feet
Minimum Side Yard Setback 10 feet 10 feet 10 feet
Minimum Rear Yard Setback *3 10 feet 10 feet 10 feet
Minimum Preserve Setback 10 feet 10 feet 10 feet
Minimum PUD Boundary Setback 15 feet 15 feet 15 feet*7
Minimum Distance Between Buildings 0/10 feet 0/10 feet N/A
Maximum Height
Zoned 35 feet 35 feet 25 feet
Actual 40 feet 40 feet 30 feet
SPS—Same as Principal Structure
BH—Building Height(zoned height)
1—Minimum separation between adjacent dwelling units, if detached,shall be 10'.
2—Front yards shall be measured from back of curb (if curbed) or edge of pavement (if not curbed) for private streets
or drives, and from ROW line for any public roadway. Single-family front entry garages shall have a 23'setback from
back of sidewalk.
3—All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or
lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake
Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot
may be reduced to zero (0)feet where it abuts the easement.
4—When not located in a residential building within the "R"tract.
5—Does not apply to passive recreational uses such as trails/pathways.
6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features,
streetscape, passive parks and access control structures shall have no required setback, except as listed below, and
are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that
they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and
pedestrians.
7—No swimming pool or dumpster enclosure may be located within 105 feet of the southern or eastern PUD boundary.
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Maximum Height for Guardhouses/Gatehouses:
Zoned: 25'
Actual: 30'
Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated
in a list of deviations.
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EXHIBIT D
BAUMGARTEN MPUD
LEGAL DESCRIPTION
PARCEL 1 (PARCEL NO. 00192920001):
THE NW 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE
NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS RIGHT OF WAY
DESCRIBED IN O.R. BOOK 2568, PAGE 1176 AND LESS RIGHT OF WAY DESCRIBED IN O.R. BOOK
3328, PAGE 1487, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 2 (PARCEL NO. 00192360001):
THE WEST 60% OF THE NE 1/4 OF THE NW 1/4, SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, LESS THE NORTH 100 FEET PREVIOUSLY CONVEYED FOR ROAD RIGHT-OF-WAY AND LESS
ROAD RIGHT-OF-WAY DESCRIBED IN O.R. BOOK 3328, PAGE 1487, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
THE ABOVE DESCRIBED LANDS BEING SUBJECT TO THE TERMS OF THAT BOUNDARY LINE
AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 2228, PAGE 1540, COLLIER COUNTY,
FLORIDA, AND SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A TRACT OR PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA,
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26,THENCE S.89°58'37"E.ALONG
THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 105.55 FEET; THENCE 5.00°01'23"W.
DEPARTING SAID NORTH LINE, A DISTANCE OF 136.96 FEET TO AN INTERSECTION WITH THE
SOUTH RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING, THENCE RUN ALONG SAID SOUTH RIGHT-OF-WAY THE
FOLLOWING NINE (9) COURSES:
1.N.86°54'32"E., A DISTANCE OF 220.75 FEET,
2.5.89°58'57"E., A DISTANCE OF 585.17 FEET,
3.S.00°01'25"W., A DISTANCE OF 15.00 FEET,
4.S.89°58'25"E., A DISTANCE OF 301.91 FEET,
5.S.00°01'35"W., A DISTANCE OF 3.94 FEET,
6.S.89°58'25"E., A DISTANCE OF 89.97 FEET,
7.N.00°01'25"E., A DISTANCE OF 15.00 FEET,
8.S.88°54'04"E., A DISTANCE OF 22.92 FEET,
9.5.88°54'04"E., A DISTANCE OF 793.22 FEET;
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TO AN INTERSECTION WITH THE WEST BOUNDARY LINE OF THE PLAT OF BENT CREEK PRESERVE,
AS RECORDED IN PLAT BOOK 55, PAGE 61, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE 5.02°16'43"E. DEPARTING SAID SOUTH RIGHT-OF-WAY ALONG SAID WEST
BOUNDARY LINE, A DISTANCE OF 1,194.23 FEET TO AN INTERSECTION WITH THE NORTH
BOUNDARY LINE OF THE PLAT OF TUSCANY COVE, AS RECORDED IN PLAT BOOK 42, PAGE 15, OF
SAID PUBLIC RECORDS; THENCE N.89°59'25"W. ALONG SAID NORTH LINE, A DISTANCE OF
2,013.46 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL RIGHT-
OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 348, OF SAID PUBLIC RECORDS;
THENCE N.02°15'50"W., ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 1,201.93 FEET
TO THE POINT OF BEGINNING.
PARCEL NO. 00192920001 CONTAINS 33.82 ACRES, MORE OR LESS.
PARCEL NO. 00192360001 CONTAINS 21.84 ACRES, MORE OR LESS.
TOTAL PARCEL CONTAINS 55.66 ACRES, MORE OR LESS.
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EXHIBIT E
BAUMGARTEN MPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: From LDC Section 6.06.01. — "Street System Requirements" and "Appendix B,
Typical Street Sections and Right-of-Way Design Standards". The LDC establishes
a minimum 60-foot right of way width for local streets.This deviation proposes to
instead allow for private roads within the site to be located in a 50-foot wide
access easement or Right-of-Way, as shown on the Master Plan and in Exhibit El,
Deviation #1 Cross Section.
DEVIATION 2: From LDC Section 5.06.04.F.3, "Directory Signs", which requires a Directory Sign
to be a maximum of 20 feet in height and a maximum of 200 square feet, to
instead allow the Directory Sign located at the Collier Boulevard entrance to the
MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in
size.
DEVIATION 3: From LDC Sections 5.06.04.F1 and 5.06.04.F.2, "Ground Signs", which allows each
outparcel to have a single ground sign along a public street, to instead allow
outparcels and individual free standing uses within the MPUD to have one
additional ground sign that is oriented to the internal private by-pass driveway
labeled as R.O.W or access easement on the Master Plan) that is provided for in
the MPUD.
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EXHIBIT F
BAUMGARTEN MPUD
DEVELOPMENT COMMITMENTS
1.PUD MONITORING
One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval,the Managing
Entity is BCHD Partners II, LLC, 2600 Golden Gate Parkway, Naples, FL 34105. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor entity,
then it must provide a copy of a legally binding document that needs to be approved for
legal sufficiency by the County Attorney. After such approval, the Managing Entity will be
released of its obligations upon written approval of the transfer by County staff, and the
successor entity shall become the Managing Entity. As Owner and Developer sell off
tracts, the Managing Entity shall provide written notice to County that includes an
acknowledgement of the commitments required by the PUD by the new owner and the
new owner's agreement to comply with the Commitments through the Managing Entity,
but the Managing Entity shall not be relieved of its responsibility under this
Section. When the PUD is closed-out, then the Managing Entity is no longer responsible
for the monitoring and fulfillment of PUD commitments.
2.MISCELLANEOUS
a. All other applicable state or federal permits must be obtained before commencement
of the development.
b. Pursuant to Section 125.022(5) F.S., Issuance of a development permit by a county
does not in any way create any rights on the part of the applicant to obtain a permit
from a state or federal agency and does not create any liability on the part of the
county for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law.
c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures—BUG
rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft
of residential properties along the PUD boundary shall be set at no higher than a 15-
ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting
height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-
candles along the joint property line where adjacent to residential property (i.e. not
applicable to Collier Blvd and Immokalee Rd). However light levels at
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interconnections identified on the Master Plan may be standard lighting for
residential development.
3.UTILITIES
a. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the southern property line of the
PUD, at the interconnect location shown on the PUD Master Plan, in a location
determined by the owner and approved by the County. A County Utility Easement
will be conveyed by owner to County at no cost to the County for the water main stub-
out and shall be shown on the recorded plat or recorded by separate instrument prior
to preliminary acceptance of utilities. The stub-out shall be sized to supply fire flow
to the PUD under maximum day conditions, as required by Collier County Design
Criteria in the Collier County Water-Sewer District Utilities Standards Manual, as
adopted by Ordinance 2004-31, as amended, and as further amended by Resolution
No. 2014-258, or its successor resolution. This stub-out will not be required if the
residential tract is master metered.
b. As part of the subdivision plat approval or SDP for the residential portion of the PUD,
the owner shall provide a water main stub-out to the eastern property line of the PUD,
at the location of the terminus of Glenforest Drive within the Bent Creek Preserve
RPUD. A County Utility Easement will be conveyed by owner to County at no cost to
the County for the water main stub-out and shall be shown on the recorded plat or
recorded by separate instrument prior to preliminary acceptance of utilities. The
stub-out shall be sized to supply fire flow to the PUD under maximum day conditions,
as required by Collier County Design Criteria in the Collier County Water-Sewer District
Utilities Standards Manual, as adopted by Ordinance 2004-31, as amended, and as
further amended by Resolution No. 2014-258, or its successor resolution. This stub-
out will not be required if the residential tract is master metered.
4. TRANSPORTATION
a. The maximum net external trip generation for the PUD shall not exceed 1,159 two-
way PM peak hour trips as a mixed-use commercial/residential project ( internal
capture and pass by trips deducted).The trips will be based on the applicable land use
codes in the Institute of Transportation Engineers (ITE) Trip Generation Manual in
effect at the time of application for Site Development Plan (SDP), or Plat and
Construction Plan (PPL) approval.
b. As a part of the first application for Site Development Plan or Plat for construction of
the development an operational Transportation Impact Statement will be provided
that includes the entire development (highest and best use) for review and approval
by Collier County Transportation staff which will be updated/revised with each
subsequent SDP or Plat application until the build-out condition is achieved.
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5.SPECIAL CONDITIONS
a. No adult orientated sales are permitted.
b. For commercial uses, outdoor music and televisions shall be limited to the areas that
are a minimum of 500 feet from the southern and eastern PUD boundaries. There will
be no outdoor amplified sound between the hours of 10 p.m. and 8 a.m. weekdays
and 12 a.m. and 8 a.m. on weekends. There will be no outdoor dining on the MU Tract
adjacent to Bent Creek Preserve PUD.
c. Dumpsters shall be oriented as far away from residential units as possible.
d. Delivery bays shall not abut external residential development.
e. Service bays related to automobile service and repair shall be located so that they do
not face any external residential district within 1500 feet.
f. All pole lighting located in Amenity Areas shall be limited to flat full cutoff shields.
g. Residential Amenity Area — no amplified sound after 10:00 p.m. and no lighted
recreational facilities, other than low illumination ground mounted light, after 10:00
p.m.
h. Pedestrian and vehicular interconnection to Tuscany Cove shall be gated and six foot
high, chain link fencing shall be extended 100 lineal feet on each side of the gated
access prior to the first Certificate of Occupancy for the residential dwelling units
adjacent to the southern PUD boundary.
i. 100 lineal feet of six foot high, chain link fencing shall be installed near the southwest
portion of the site as shown on the Master Plan prior to the first Certificate of
Occupancy for the residential dwelling units adjacent to the southern PUD boundary.
j. As part of the initial project site work, the developer shall install the berm and
perimeter landscape buffers along the southern and eastern PUD boundaries. The
southern perimeter landscape buffer shall include a 6-foot high fence with opaque
slats.Within the southern landscape buffer,the developer shall provide supplemental
landscape plantings meeting the type C landscape buffer canopy tree requirement
where the Tuscany Cove landscape buffer has missing canopy trees. This supplement
planting shall occur within the Baumgarten PUD's 15-foot wide landscape buffer.
Baumgarten MPUD Exh A-F-revl3.docx June 12, 2019
Page 19 of 19
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ifil;' - _ *
I
c
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
June 17, 2019
Ms. Ann Jennejohn, Senior Deputy Clerk
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-11, which was filed in this office on June 17, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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Sign Variance (SV) 6/16/2025 Page 1 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
GMCD Public Portal
Land Development Code
Administrative Code
Name of Property Owner:
Address: City: State: ZIP:
Phone: __________________________ E-Mail:
Name of Applicant/Agent:
Firm:
Address: City: State: ZIP:
Phone: __________________________ E-Mail:
Provide a detailed legal description of the property covered by the application. (If space is inadequate,
attach description on a separate sheet.)
Property ID Number: Section/Township/Range:______/______/_____
Subdivision: Unit: Block:______ Lot:______
Metes & Bounds Description:
Address of Sign Location:
Current Zoning: Land Use of Subject Parcel:
If a wall sign, length & height of wall upon which the Sign will be secured:
SIGN VARIANCE PETITION (SV)
Land Development Code section 5.06.08 and 10.03.06 F.
Chapter 3 I. of the Administrative Code
Applicant Contact Information
Project Information
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Collier County
Sign Variance (SV) 6/16/2025 Page 2 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
1. On a separate sheet attached to the application, provide a detailed explanation of the variance
request including what signs are existing and what is proposed; the amount of encroachment
proposed using numbers, e.g. reduce setback from 15 ft to 10 ft; why encroachment is necessary;
how existing encroachment came to be; etc.
Please note that staff shall be guided in their recommendation to the Hearing Examiner, and that
the Hearing Examiner shall be guided in the determination to approve or deny a variance petition
by the below listed criteria.
2. Pursuant to LDC subsection 5.06.08 B, on a separate sheet attached to the application, please
address the following criteria:
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.
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 present
unnecessary and undue hardship on 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.
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.
e) That the variance granted is the minimum relief that will make possible the reasonable use of
the land, structure or building.
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.
Nature of Petition
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Collier County
Sign Variance (SV) 6/16/2025 Page 3 of 5
Growth Management Community Development • Planning & Zoning
2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/
Complete the following for all registered Home Owner / Civic Association(s) that could be affected by
this petition. Provide additional sheets if necessary. Information can be found on the Civic
Associations and Communities page on the Board of County Commissioner’s website. Applicant
is responsible for and shall confirm the current mailing addresses for each association as registered
by the Florida Department of State, Division of Corporations.
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address: City: State: ZIP:
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 or processed.
REQUIREMENTS FOR REVIEW: REQUIRED
Application Form
Pre-Application Meeting notes
Affidavit of Authorization, signed and notarized
Property Ownership Disclosure Form
Completed Addressing Checklist
Location Map 8 ½ in. x 11 in. depicting major streets in area for reference
Survey or Site Plan of Property
Once the first set of review comments are posted, provide the assigned planner with draft
Agent Letter, address of property owners, and certification.
Electronic copy of all documents and plans.
Associations
Pre-Application Meeting and Final Submittal Requirement Checklist
Sign Variance (SV)
Chapter 3.I of the Administrative Code
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September 25, 2025
Name
Address
City, State and Zip
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a variance from the
requirements of the zoning regulations as they apply to the following described property:
Panda Express – 8955 Founders Square Drive.
[Description: distance from nearest intersection, fronting street, or access road. Verify with planner]
It is our intent to ask the County to allow us to (describe nature of variance) on the aforementioned property.
In order to provide you an opportunity to become fully aware of our intention, we will be contacting you
directly within the next few days or you may choose to telephone the sender for further information. In any
event, please be advised that we are interested in assuring you that our request should not adversely affect your
property interest.
Sincerely,
Gina Penney | Director of Permitting
Atlas Signs Holdings, Inc
t:561-720-6936 | m: 561-779-9165
e: gina.p@atlasbtw.com
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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
CFT NC DEVELOPMENTS, LLC 100%
OFFICERS: ANDREW CHERNG, PEGGY, CHERNG, WINNIE CHAN, DAVID LUO, MECKY WONG, CHARLIE SHEN
ADDRESS: 1120 N TOWN CENTER DRIVE, SUITE 150 LAS VEGAS, NV 89144
Docusign Envelope ID: 4722E114-EDE3-4160-9255-9A1732DC2735
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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:
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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
July 20, 2025
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Chris Pope
October 29, 2025
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Variance Justification – Additional Wall Signage (S1, S2, S3)
Pursuant to Collier County Land Development Code (LDC) subsection 5.06.08(B), this document provides responses to each of the required variance criteria for the proposed additional wall signage (S2 and S3) on the subject property. Each section includes the applicable code citation, the code verbiage, and the applicant's response based on unique site limitations and dual frontage visibility.
A) Special conditions and circumstances (LDC §5.06.08(B)(1)(a)) Code Verbiage: Criterion: 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. Response: The subject property is a corner parcel with dual public frontages along Immokalee Road and Founders Place. The building is oriented with two primary customer-facing elevations, each serving a different approach: the main frontage faces the primary entry drive and storefront (Sign S1), while the secondary elevation faces the drive-thru approach (Signs S2 and S3). Due to site access limitations, traffic flow design, and visibility constraints from Immokalee Road, vehicles approaching from the secondary frontage cannot clearly see the primary wall sign (S1). This creates a unique visibility challenge not experienced by many other parcels in the same district with single, linear frontage or better building orientation.
B) Literal interpretation – undue hardship (LDC §5.06.08(B)(1)(b)) Criterion: 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 present unnecessary and undue hardship on the applicant. Response: Section 5.06.00 of the LDC limits wall signage to one sign per tenant frontage facing a public right-of-way or parking area. Strict interpretation of this provision would allow only the primary wall sign (S1), depriving the applicant of adequate visibility on both frontages despite the dual-orientation building. Other properties enjoy similar benefits through better building orientation or approved multi-sign variances. Denial of additional signs would impair customer wayfinding for vehicles entering from the drive-thru side, leading to missed turns, last-second lane changes, and confusion, impacting safety and operational efficiency.
C) Conditions not caused by applicants (LDC §5.06.08(B)(1)(c)) Criterion: That the special conditions and circumstances which are peculiar to the land, structure, or building do not result from the actions of the applicant. Response: The site’s corner configuration, setback requirements, access points, and internal circulation patterns are dictated by county-approved development plans and roadway alignments. The building’s dual-orientation layout was established to meet site design criteria, parking accessibility, and drive-thru functionality. These factors are outside the applicant’s control, and the need for multiple wall signs is a direct result of property layout rather than self-created hardship.
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D) No special privilege (LDC §5.06.08(B)(1)(d)) Criterion: 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. Response: Similar businesses within MPUD and other commercial districts have received variances or alternative signage approvals where multiple public frontages exist or where visibility is obstructed by site layout. Granting this variance does not create a competitive advantage but provides parity with other multi-frontage developments, enabling equitable visibility and fair application of the Sign Code’s intent to provide safe, effective business identification for all properties.
E) Minimum relief necessary (LDC §5.06.08(B)(1)(e)) Criterion: That the variance granted is the minimum relief that will make possible the reasonable use of the land, structure or building. Response: The applicant seeks approval for two supplemental wall signs (S2 and S3) totaling 72 sq ft combined, well below the maximum building signage area permitted based on total building frontage (up to 2 sq ft per linear foot under §5.06.00). The request is narrowly tailored to provide visibility on both approaches without creating sign clutter, ensuring relief is the minimum necessary to reasonably use the property and maintain safe, clear communication for customers.
F) Consistency with intent and public welfare (LDC §5.06.08(B)(1)(f)) Criterion: 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. Response: The Sign Code (§5.06.01) seeks to promote safe and efficient vehicular traffic, preserve property values through attractive signage, and prevent excessive sign clutter while ensuring effective business identification. The additional wall signs improve wayfinding for dual frontage traffic, reduce unsafe maneuvers, and align with architectural compatibility standards. They do not cause visual blight or negatively impact adjacent properties. Granting this variance advances the Sign Code’s purpose and aligns with the Growth Management Plan’s goal of promoting safe, efficient, and well-designed commercial development.
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October 22, 2025
Collier County
Growth Management Community Development
Planning and Zoning
2800 North Horseshoe Drive
Naples, Fl. 34104
RE: Variance Requests Narrative – 8955 Founders Square Drive.
We are seeking relief from code section: 5.06.04 F.2.a; PUD is silent regarding signs.
2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of
an outparcel, shall be limited to the following:
a. In addition to any wall signs permitted by this Code, outparcels may by allowed 1 additional 60 square
foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-
of-way. In no case shall the number of wall signs for an outparcel exceed 2 signs;
This request is in support of a variance request for one (1) additional wall sign on the property located at 8955
Founders Square Dr. within the MPUD zoning district. The unique layout of this parcel creates a visibility
challenge that cannot be addressed with the allowed wall signs as prescribed by the Collier County Land
Development Code (LDC). After site review we feel the following wall signs are needed to effectively identify
the building to potential customers traveling from either direction on Immokalee Rd.
Proposed wall signs allowed by code:
S01 – North Elevation – Sign Dimensions 3’-11” x 13’-4 ¼” = 52.30 sq.ft.
S02 – West Elevation – Sign Dimensions 6’ x 6’ = 36 sq.ft.
Proposed wall sign seeking a variance:
S03 – East Elevation – Sign Dimensions 6’ x 6’ = 36 sq.ft.
Variance criteria:
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.
This parcel does not have a direct entrance from the public roadway it fronts; you must pass the
property, turn on Founders Place, then turn on Founders Square Dr. just to access the entrance of this
property. The lack of their own distinct customer entrance in addition to multiple turns to access
entrance creates visibility challenges that cannot be addressed with the two allowed wall signs as
prescribed by the Collier County Land Development Code (LDC). Customers traveling west have
limited visibility of the primary wall sign, making an additional sign essential for safe and effective
wayfinding.
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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 present unnecessary and undue hardship on
the applicant.
Strict interpretation of the LDC limits wall signage to one sign per tenant frontage and 1 additional
60 square foot wall sign facing the shopping center; In no case shall the number of wall signs for
an outparcel exceed 2 signs. Enforcement of the LDC will deprive this site of the visibility enjoyed by
other businesses with single, unobstructed orientations or previously approved multi-sign allowances.
This creates undue hardship, as customers may miss the turns needed to arrive at the entrance of the
property or drive-thru, causing confusion, unsafe last-minute maneuvers, and operational
inefficiencies.
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 need for supplemental signs is a direct result of the site’s configuration, access points, and traffic
circulation patterns established by county-approved plans, not actions of 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.
Granting this variance aligns with the purpose and intent of the Collier County Sign Code (§5.06.01)
by promoting safe and efficient vehicular traffic, maintaining attractive and compatible signage, and
allowing effective communication to the public. It ensures fair and equitable treatment for this
uniquely configured parcel without conferring any special privilege.
e) That the variance granted is the minimum relief that will make possible the reasonable use of the land,
structure or building.
The requested variance is minimal and limited to one additional wall signs (S3), totaling 36 square
feet, well below the maximum allowed building signage area. These signs provide only the visibility
necessary to make reasonable use of the property without creating sign clutter.
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.
Granting this variance aligns with the purpose and intent of the Collier County Sign Code (§5.06.01)
by promoting safe and efficient vehicular traffic, maintaining attractive and compatible signage and
effective communication to the public.
Thank you,
Gina Penney | Permitting Manager
Atlas | One Source...Many Solutions
t: 561 863 6659 x1913 | m: 561 779 9165
Toll Free 800 772 7932
e: gina.p@atlasbtw.com | w: www.atlasbtw.com
Gina Penney
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September 12, 2025
Dear Renee Altine:
Sebastian Garcia
Distribution Engineer
• Consideration for any motor contribution or
Renee Altine
1715 Monroe St, 5th Floor
Fort Myers, FL 33901
Re: Available Fault Current for Panda Express - Naples D30443
Thank you for contacting FPL about the available fault current at Panda Express - Naples D30443. Based on the plans you
have provided dated September 12 2025, the maximum available fault current at the transformer secondary terminals is
estimated to be 12445 symmetrical amperes at 120/208 volts. The protective device on the line side of the transformer
currently in place or to be installed and serving your property located at the subject location is a 8 amp type Bayonet fuse.
The primary service voltage is 23kV L-L. This calculated symmetrical fault current is not intended for use as the basis for
motor starting calculations and does not include:
Sincerely,
• Fault current asymmetry.
The FPL equipment currently serving or planned to serve your facility may change over time as a result of any number of
factors, including but not limited to transformer replacements due to load growth, electrical grid changes or emergencies. As
a result, although we are providing you with this information for the sole purpose of assisting you in the completion of your
study, you and your client should not design, install or operate your system in reliance upon any expectation that the
specific size and type of equipment currently in place will remain so. If and when the size and type of the equipment
changes, our employees are not always in a position to immediately notify customers.
As the construction project progresses, any questions or information you may need can be communicated through me. I
have enclosed my business card for easy reference and look forward to hearing from you in the near future.
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September 10, 2025
Attn: Renee Altine
RE-LONO 8955 Founders Square Drive
Dear Renee,
Thank you for contacting Comcast regarding your proposed objection. This is to inform
you that Comcast Cable has facilities in the North and South of Public Utility Easement (PUE).
We have no objection of the encroachment into the easement recorded8955 Founders Square
Drive Naples, FL 34120.
If Comcast facilities are found and/or damaged within the area as described, the
Applicant will bear the cost of repairs of said facilities. If you have any further question or
concerns, please do not hesitate to contact me at If you have any further question or concerns,
please do not hesitate to contact me at (941) 914-7814.
Sincerely,
David Lescrynski
Manager, Construction SWFL
12600 Westlinks Dr. Suite #4
Fort Myers, FL 33913
Cell (941) 914-7814
David_Lescrynski@Comcast.com
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CFT NV DEVELOPMENTS, LLC
AMENDED AND RESTATED AGENCY AGREEMENT
(PRG Entities)
This Amended and Restated Agency Agreement (“Agreement”) is entered into as of
July ___, 2025 (“Effective Date”), by and among CFT NV Developments, LLC, a Nevada
limited liability company (“CFT” or “Principal”), whose address is: 1120 N. Town Center
Drive, Suite 150, Las Vegas, NV 89144; and James Ku, Dave Rittenberry, Ray Silverstein,
Hector Coronel, Roger Goldstein, Anthony Le, Mike Everage, Mark Russell, Hamidul Hoq
and Chris Pope as employees and authorized representatives of the following entities:
• Panda Restaurant Group, Inc., a California corporation;
• Panda Express, Inc., a California corporation;
• Panda Inn, Inc., a California corporation;
• PFV UTC, LLC, a Nevada limited liability company doing business
as Uncle Tetsu;
• Yakiya Operations, LLC, a Delaware limited liability company
doing business as Yakiya;
• Hibachi-San Inc., a Delaware corporation;
• PFV II RC, LLC, a Nevada limited liability company doing business
as Raising Cane’s; and
• PXP Operations (WB), LLC, a Delaware limited liability company
doing business as Whataburger
(each a “PRG Entity” and collectively the “PRG Entities”), each of whose address is: c/o
Panda Restaurant Group, Inc., a California corporation (“PRG”), with its corporate office
address at 1683 Walnut Grove Avenue, Rosemead, California 91770 (collectively, “Agents”).
This Agreement amends and restates in full that certain Amended and Restated Agency
Agreement, dated August 2024, by and between CFT NV Developments, LLC, a Nevada
limited liability company, as “CFT” or “Principal”, and Panda Express, Inc., a California
corporation, as “Panda Express”.
WHEREAS, each Agent identified herein is hereby appointed as an agent for CFT,
and may act separately as expressly authorized herein. Each Agent and CFT, respectively,
each hereby accepts the foregoing assignment and appointment under this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties hereby agree as follows:
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9th
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1. SCOPE OF AUTHORITY. Each Agent, acting separately, may execute
applications in connection with the development and construction of building improvements
relating to any PRG Entity’s Restaurant operations on property owned or to be owned by CFT
and leased or to be leased to a PRG Entity, including without limitation, government issued
construction permits, utilities, easement agreements, and replat/subdivision applications,
subject to review by PRG attorneys or such Agent, in accordance with its customary practices.
Notwithstanding the foregoing, the PRG Entities must first obtain the review and approval of
CFT Real Estate, CFT Construction and CFT Legal for any documents relating to the
following property: Pasadena Panda Inn, 3488 E. Foothill Blvd, Pasadena, CA 91107.
2. TERM OF AGREEMENT. Principal does hereby engage each Agent as its
non-exclusive agent, each of whom may act separately, to accomplish the tasks herein
described for an unlimited period, subject however to termination pursuant to Section 5 of this
Agreement.
3. COMPENSATION. Each of the Agent’s duties and compensation are included
within the scope of such Agent’s duties and compensation as an employee of PRG, an entity
related to the Principal.
4. DUTIES OF AGENT. Each Agent accepts such engagement and agrees to
endeavor to faithfully and diligently perform his respective duties described hereinabove, for
the exclusive benefit of Principal.
5. TERMINATION OF AGREEMENT. Any party shall have the right to
terminate this Agreement at any time upon written notice delivered to all other parties.
6. BOOKS AND RECORDS. PRG, on behalf of the Principal, shall cause
accurate books and records pertaining to transactions contemplated by this Agreement to be
maintained in the United States at the corporate office stated hereinabove, including without
limitation maintaining a log/list of the documents signed pursuant to this Agency Agreement
(including the title of and/or a bri ef description of the document(s) so signed, the Agent who
signed, and the date), in accordance with its customary practices.
7. NON-CONTRAVENTION. Reference is made to that certain Unanimous
Written Consent of the Members of CFT NV Developments, LLC to Action without a
Meeting, dated February 1, 2018 (the “CFT Grant of Authority”). The parties acknowledge
and agree that the execution and delivery of this Agency Agreement: (i) does not interfere,
violate, or conflict with the substantive rights set forth in the CFT Grant of Authority and/or
CFT’s corporate governance documents, (ii) is independent of the CFT Grant of Authority,
and (iii) is binding and enforceable on the Parties, in accordance with its terms and conditions.
8. ENTIR E AGREEMENT. This Agreement constitutes the entire agreement of the
Parties and same memorializes all past and present written and oral agreements and supersedes
all prior agreements that relate to the subject matter of this Agreement. No statements, promises
or inducements made by either Principal or any Agent that are not contained in this Agreement
and that relate to the subject matter of this Agreement shall be valid or binding.
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9. AMENDMENTS. This Agreement may not be enlarged, modified, altered, or
otherwise amended except in writing signed by the Parties hereto.
10. INDEMNIFICATION. Principal shall indemnify and hold each Agent harmless
from personal liability for all actions within the scope of such Agent’s authority hereunder,
taken by such Agent in good faith, in furtherance of the purposes of this Agreement.
11. COMMENCEMENT OF AGREEMENT. This Agreement shall be in effect
from the Effective Date.
12. CAPTIONS. The captions of any articles, paragraphs or sections hereof are
made for convenience only and shall not control or affect the meaning or construction of any
other provision hereof and pursuant to the rules of construction, each section, article or
paragraph shall be known by its plain meaning.
13. SEVERABILITY. The invalidity or unenforceability of any particular
provision of this Agreement or portion thereof shall not affect the other provisions or portions
hereof; and this Agreement shall be construed in all respects as if any such invalid or
unenforceable provisions or portions thereof were omitted and the remainder of this
Agreement shall remain in full force and effect.
14. COUNTERPARTS. This Agreement may be signed in counterparts and/ or
may be delivered by facsimile or email and shall be considered as fully executed on
distribution of the executed counterparts to the parties.
15. ASSIGNMENT & DELEGATION. Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, Agent may assign or
delegate its rights pursuant to this Agreement to any Authorized Party (as hereafter defined)
without having to obtain the written consent of the Principal. For purposes of this Agreement,
an “Authorized Party” shall be defined as any person, company, agent, consultant, general
contractor, or sub-contractor providing, on behalf of Agent, certain duties or obligations
relating to and in accordance with Agent’s scope of authority pursuant to Section 1 of this
Agreement or taking such other action as may be reasonably necessary to carry out such power
and authority.
IN WITNESS WHEREOF, the parties have executed or caused to be executed this
Agreement as of the Effective Date hereinabove.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: 655684F6-EDC0-4254-90A4-72BB54A06A44
Page 224 of 419
Page 4 of 5
PRINCIPAL:
CFT NV DEVELOPMENTS, LLC
a Nevada limited liability company
By:
Name:
Title: Manager
Approved as to form: _______
AGENTS:
JAMES KU, as employee and authorized
representative of the PRG Entities
By:
DAVE RITTENBERRY, as employee and
authorized representative of the PRG Entities
By:
RAY SILVERSTEIN, as employee and
authorized representative of the PRG Entities
By:
HECTOR CORONEL, as employee and
authorized representative of the PRG
Entities
By:
ROGER GOLDSTEIN, as employee and
authorized representative of the PRG
Entities
By:
ANTHONY LE, as employee and
authorized representative of the PRG
Entities
By:
Docusign Envelope ID: 655684F6-EDC0-4254-90A4-72BB54A06A44
David Luo
Page 225 of 419
Page 5 of 5
MIKE EVERAGE, as employee and
authorized representative of the PRG Entities
By:
MARK RUSSELL, as employee and
authorized representative of the PRG Entities
By:
HAMIDUL HOQ, as employee and authorized
representative of the PRG Entities
By:
CHRIS POPE, as employee and authorized
representative of the PRG Entities
By:
Docusign Envelope ID: 655684F6-EDC0-4254-90A4-72BB54A06A44
Page 226 of 419
Page 227 of 419
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Scale: 1" = 50'-0"168'-4"
M1
10'
15'275'-6"S2
S1
D2
48'-10"89'-0"D1
D5
D3
D6
D7
56'-0"
37'-0"
51'-3"
100'-7"38'-10"18'-8"71'-0"63'-0"77'-4"68'-9"32'-0"
D4
Page 229 of 419
5
Jessica N.
JS
02/14/2024 186524
Site D30443
5
- Scale: 3/16" = 1'-0" 23'-3"67'-2"
2 03/06/24 R - Update standards, Revise M1
1 06/17/24 Binder
2 07/01/24 Add S3 Lockup to DT
28"
Center on
Drive Thru Area
Equal Equal
3 04/23/25 Revise M1
8955 Founders Square Drive
Naples, FL 34120
4 05/09/25 Revise M1
5 05/15/25 Rem branding D1, add M2
Page 230 of 419
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., February 26, 2026, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe
Drive, Room 609/610, Naples, FL 34104, to consider:
PETITION NO. SV-PL20250003185 – REQUEST FOR A VARIANCE FROM THE LAND
DEVELOPMENT CODE SECTION 5.06.04.F.2.A, WHICH ALLOWS FOR
OUTPARCELS TO HAVE ONE ADDITIONAL 60 SQUARE FOOT WALL SIGN
FACING THE SHOPPING CENTER, IN ADDITION TO ANY WALL SIGNS
PERMITTED BY THE CODE, PROVIDED THAT THIS SIGN DOES NOT FACE A
PUBLIC RIGHT-OF-WAY, TO NOT EXCEED TWO TOTAL WALL SIGNS. THE
APPLICANT IS SEEKING A THIRD WALL SIGN, 6 FEET BY 6 FEET, AT 8955
FOUNDER SQUARE DRIVE, FOUNDERS SQUARE TRACT G, SECTION 26,
TOWNSHIP 48 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 231 of 419
As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such
final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she
proceeds with construction at his/her own risk during this 30-day period. Any construction work completed
ahead of the approval authorization shall be at their own risk.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.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
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2/26/2026
Item # 3.C
ID# 2026-216
PETITION NO. VA PL20250011116 – 900 Grand Rapids Blvd - Request for a variance from R-2 Development
Standards in Section IV, 4.06, Table II A, of the Orangetree PUD, Ordinance 12-09, as amended, to reduce the required
side yard setback for an existing accessory screen enclosure on a single-family detached home from 5.5 feet to 4.01 feet
on the northwest property line on approximately 0.24 acres known as Waterways Of Naples Unit Three Lot 119
subdivision, also known as 900 Grand Rapids Blvd, Naples, FL, 34120 in Section 14, Township 48 South, Range 27
East, Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commissioner District 5
ATTACHMENTS:
1. PL20250011116- Staff Report -900 Grand Rapids (VA)
2. Attachment A- HEX Backup Materials Package
3. Attachment B-2010 Pool and Screen Permits
4. Attachment C- Site Plan
5. Attachment D-Legal Ad and HEX Sign Posting
Page 239 of 419
VA-PL20250011116 – 900 Grand Rapids Blvd Page 1 of 7
February 26, 2026
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
HEARING DATE: FEBRUARY 26, 2026
SUBJECT: PETITION VA-PL20250011116; 900 GRAND RAPIDS BLVD
_____________________________________________________________________________
PROPERTY OWNER/AGENT:
Agent: Applicant / Owner:
Logan G. Wardlow, Esq. William Kennedy & Tara Gillespie
Woodward, Pires & Lombardo, P.A. 900 Grand Rapids Blvd.
3200 Tamiami Trail N, Suite 200 Naples, FL 34120
Naples, FL 34103
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider a variance (VA) request from R-2
Development Standards in Section IV, 4.06, Table II A, of the Orange Tree PUD, Ordinance 12-
09, as amended, to reduce the required side yard setback for an existing accessory screen
enclosure on a single-family detached home from 5.5 feet to 4.01 feet on the northwest property
line.
GEOGRAPHIC LOCATION:
The subject property is approximately 0.24 acres, known as Lot 119, Waterways of Naples Unit
Three, according to the plat thereof recorded in Plat Book 31, Pages 35 through 38 of the Public
Records of Collier, also known as 900 Grand Rapids Blvd., Naples, FL, 34120, Section 14,
Township 48 South, Range 27 East, Collier County, Florida. (See the location map on page 2)
Page 240 of 419
VA-PL20250011116 – 900 Grand Rapids Blvd Page 2 of 7
February 26, 2026
SITE LOCATION MAP
PURPOSE/DESCRIPTION OF PROJECT:
The property is approximately 0.24 acres, located at 900 Grand Rapids Blvd, designated as a
Planned Unit Development (PUD) zoning district, in accordance with the design standards
outlined in Ordinance 2012-09, Section 4.06, Table II A, for a single-family detached home and
accessory structures. The petition seeks a variance from the minimum side yard setback
requirement for the existing screen enclosure at this location. Specifically, the Applicants are
requesting a reduction of the minimum side yard setback from 5.5 feet to 4.01 feet to
accommodate an existing pool enclosure. The property features unique characteristics, including
an irregular, pie-shaped configuration and its placement on a curved section of the street, which
affects the buildable area. It is noted that the current Applicants did not create the circumstances
necessitating the variance, as the pool enclosure was constructed by a prior owner more than 15
Page 241 of 419
VA-PL20250011116 – 900 Grand Rapids Blvd Page 3 of 7
February 26, 2026
years ago without proper permitting requirements. The previous owner obtained a permit for a
pool and screen enclosure in 2010, but did not complete the permitting process. The current
owner is working to finalize both permits; however, a variance is required because the screen
enclosure's side setback does not meet the 5.5-foot side yard requirement. Granting the variance
would permit continued use of the pool enclosure while ensuring compliance with applicable
zoning regulations.
A pre-application meeting was held on October 22, 2025, to coordinate the variance petition,
with zoning staff in attendance to assist with inquiries regarding the variance. The applicant
submitted the variance application on November 06, 2025. Mr. Wardlow coordinated with the
staff to schedule the HEX Hearing for February 26, 2026.
Staff recognize the need for a variance regarding the structure on the property, as there are land-
related hardships that the current owner did not cause. The variance also aims to improve the
homeowner's health and safety. Further analysis related to the variance criteria is provided in the
Zoning Division Analysis section below.
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VA-PL20250011116 – 900 Grand Rapids Blvd Page 4 of 7
February 26, 2026
SURROUNDING LAND USE AND ZONING:
North: Lake, followed by developed single-family residential with a zoning
designation of Orange Tree Mixed Planned Unit Development (MPUD)
East: Developed single-family residential with a zoning designation of Orange Tree
Mixed Planned Unit Development (MPUD)
South: Grand Rapids Blvd R.O.W., followed by developed single-family residential
with a zoning designation of Orange Tree Mixed Planned Unit Development
(MPUD)
West: Developed single-family residential with a zoning designation of Orange Tree
Mixed Planned Unit Development (MPUD)
Aerial Map – Collier County Property Appraiser
SUBJECT
PROPERTY
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VA-PL20250011116 – 900 Grand Rapids Blvd Page 5 of 7
February 26, 2026
Base Zoning Map – Collier County GIS/ESRI
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is situated within the Rural Settlement Area District, which falls under the
Agricultural Rural designation as indicated on the county-wide Future Land Use Map (FLUM)
of the Growth Management Plan (GMP). According to the Density Rating System outlined in the
FLUE, this designation allows for a base density of one and one-half (1.5) dwelling units per
acre (DU/A). Originally approved in 2012, the Orange Tree PUD was found to be in alignment
with the GMP at that time. While the Growth Management Plan (GMP) does not specifically
address individual variance requests related to land use, it’s important to note that the current use
of the subject property remains consistent with the established guidelines of the GMP.
ZONING DIVISION ANALYSIS:
The decision to grant a variance is based on the criteria in R-2 Development Standards, Section
IV, 4.06, Table II A, of the Orangetree PUD Ordinance 12-09. Staff have analyzed this petition
relative to these provisions and offer the following responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size, and characteristics of the land, structure, or building involved?
Yes. The Applicant’s property is an irregular, pie-shaped lot on a curved section of the
street. The converging side property lines limit the buildable area, resulting in a smaller
SUBJECT
PROPERTY
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VA-PL20250011116 – 900 Grand Rapids Blvd Page 6 of 7
February 26, 2026
rear yard than a rectangular lot. Strict enforcement of the side yard setback would restrict
the use of the rear yard for a pool enclosure, similar to those on nearby lots. Therefore, the
property’s shape, size, and location present specific conditions that warrant consideration
for the requested variance.
b. Are there special conditions and circumstances which do not result from the action of
the applicant, such as pre-existing conditions related to the property, which are the
subject of the Variance request?
Yes. The special conditions associated with this property did not arise from the current
owners' actions. The lot's unique shape and the construction of the pool and pool enclosure
were established by a contractor for a prior owner approximately 15 years ago. This
construction did not follow the approved plans, and a final survey to close out the building
permits was never submitted. The issues remained unnoticed until the current owners
obtained a new boundary survey at closing, which revealed that the pool enclosure
encroached on the side-yard setback. The Applicants are now seeking a variance to rectify
this condition caused by the previous contractor's actions.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
Yes, a literal interpretation of the Collier County LDC imposes unnecessary and undue
hardship on the Applicant and creates practical difficulties. The pool and enclosure,
constructed more than 15 years ago by a prior owner, have not adversely affected the
community. Enforcing the full side yard setback would impose significant financial strain
on the Applicants. Granting the variance would permit continued maintenance of the pool
enclosure while ensuring compliance with zoning requirements for fairness.
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?
Yes. The variance would permit reasonable land use without affecting health, safety, or
welfare. A privacy hedgerow protects the neighboring property, and there have been no
complaints about the existing pool cage. The variance will legalize this condition for
compliance without expanding the structure or increasing nonconformity.
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?
No. Granting the variance will not give the petitioner special privilege since many
properties in the PUD have pools and pool cages, and the pool does not violate setback
requirements. All properties can apply for a variance; it is not a special privilege if the
Page 245 of 419
VA-PL20250011116 – 900 Grand Rapids Blvd Page 7 of 7
February 26, 2026
necessary factors are met.
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?
Yes. Granting the variance is consistent with the Collier County LDC and will not
adversely affect the neighborhood or public welfare. It allows land use that reflects
community patterns without imposing undue hardship on the property owner.
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.?
Yes, there are physical conditions that serve the regulation's goals and objectives, such as
vegetation that provides privacy between the Applicants’ property and the neighboring
property to the west.
h. Will granting the Variance be consistent with the Growth Management Plan?
Granting the variance will be consistent with the GMP, as a single-family residential
development, along with its accessories, is an allowable use for the subject property in both
the Future Land Use Element and the GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance does not impact
any preserved area, the EAC did not hear this petition.
RECOMMENDATION:
Staff recommend that the Collier County Hearing Examiner approve the variance petition
PL20250011116, which requests reducing the existing screen enclosure from the required 5.5
feet to 4.01 feet, as shown in Attachment B, Survey.
Attachments:
Attachment A: Backup Package
Attachment B: Pool and Screen Permits
Attachment C: Survey
Attachment D: Legal Ad and HEX Sign Posting
Page 246 of 419
PL20250011116
Page 247 of 419
PL20250011116
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Variance (VA) 7/22/2025 Page 1 of 6
Planning & Zoning
239-252-2400 www.colliercountyfl.gov/
GMCD Public Portal
Land Development Code
Administrative Code
Name of Property Owner:
Address:City: State: ZIP:
Phone: E-Mail:
Name of Applicant:
Name of Agent:
Firm:
Address:City: State: ZIP:
Phone: E-Mail:
Provide a detailed legal description of the property covered by the application. If space is
inadequate, attach description on a separate sheet.
Property Address: Property ID Number:
Section/Township/Range: ______/______/______
Subdivision: Unit: Block: Lot:
Metes & Bounds Description:
Current Zoning: ___________________ Land Use of Subject Property:
Zoning Land Use
N
S
E
W
VARIANCE PETITION APPLICATION (VA)
LDC section 9.04.00 & Code of Laws section 2 83 2 90
Chapter 3 J. of the Administrative Code
Applicant Contact Information
Property Information
Adjacent Zoning and Land Use
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.
GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE
WITH THESE REGULATIONS.
PL20250011116
Page 249 of 419
Collier County
Variance (VA) 7/22/2025 Page 2 of 6
Planning & Zoning
239-252-2400 www.colliercountyfl.gov/
Corner Lot:Yes No Waterfront Lot:Yes No
Required Yards:Provided Yards:
Front: ft.Front: ft.
Sides: ft.Sides: ft.
Rear: ft.Rear: ft.
Rear Accessory: ft. Rear Accessory: ft.
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.
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.
Nature of Petition
Minimum Yard Requirements for Subject Property
PL20250011116
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Collier County
Variance (VA) 7/22/2025 Page 3 of 6
Planning & Zoning
239-252-2400 www.colliercountyfl.gov/
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.
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 Civic Associations
and Communities page on the county website. Applicant is responsible for and shall confirm
the current mailing addresses for each association as registered by the Florida Department of
State, Division of Corporations.
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:
Associations
PL20250011116
Page 251 of 419
Collier County
Variance (VA) 7/22/2025 Page 4 of 6
Planning & Zoning
239-252-2400 www.colliercountyfl.gov/
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
Application Form
Pre-Application Meeting Notes
Project Narrative
Completed Addressing Checklist
Property Ownership Disclosure Form
Conceptual Site Plan (measured in feet)
Affidavit of Authorization, signed and notarized
Survey of property showing the encroachment (measured in
feet)
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, address of property
owners, and certification.
REQUIREMENTS FOR PUBLIC HEARING:
Following the completion of the review process by County review staff, the applicant shall submit
all materials electronically to the assigned planner. Please contact the assigned planner to
confirm the number of additional copies, if required.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.
Planners: Indicate if the petition needs to be routed to the following review agencies:
Bayshore/Gateway Triangle CRA
Historical and Archaeological Review
City of Naples Planning Director Immokalee Water/Sewer District
Conservancy of SWFL: Nichole Johnson Parks and Recreation Director
Emergency Management Director School District (Residential Components): Amy Lockhart
Other:
Pre-Application Meeting and Final Submittal Requirement Checklist
Variance (VA)
Chapter 3 J.of the Administrative Code
PL20250011116
Page 252 of 419
Collier County
Variance (VA) 7/22/2025 Page 5 of 6
Planning & Zoning
239-252-2400 www.colliercountyfl.gov/
Pre-Application Meeting fees are applied as credit towards review fees upon submittal of application,
if received within nine months from the date the pre-application meeting is held.
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 $
After The Fact Zoning/Land Use Petitions: 2x the normal petition fee $
Listed Species Survey (if EIS is not required): $1,000.00 $
Fee Subtotal:$
Legal Advertising Fee for the Office of the Hearing Examiner: $50.00 $
(Applicable per advertisement)
Property Owner Notifications: $1.50 non-certified mail, $3.00 certified return receipt mail
(Petitioner to pay this amount prior to advertisement of petition)
Fee Subtotal:$
Pre-application fee credit: $
Total Fees Required: $
As the authorized agent/applicant for this petition, I attest that all 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.
Applicant Signature Date
Printed Name
Pre-Application & Review Fee Requirements
Public Notice Fee Requirements
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:GMDClientServices@colliercountyfl.gov
PL20250011116
Page 253 of 419
Page 1 of 4
Variance Requested and Nature of Petition for the Site at 900 Grand
Rapids Blvd.
Variance requested:
The Applicants seek a variance from the minimum side yard setback in Collier
County Ordinance 2012-09 section 4.06 Table II A for a single-family detached
home on a property within the R-2 Tract of the Orangetree PUD, to reduce the
minimum side yard setback on the north-northwest side of the
property to allow an existing and pool enclosure.
Required
Setback
Actual
Setback
Variance
Request
5 4.01 1.49
Nature of Petition:
a. Are there special conditions and circumstances existing which
are peculiar to the location, size and characteristics of the land,
structure, or building involved?
Yes. The Applicants property is an irregular, pie shaped lot that is located on a curved
section of the street. The converging side property lines constrain the buildable area
and create unique conditions not shared by many other lots within the Orangetree
PUD, specifically that the rear yard is smaller than a rectangular lot. Strict
enforcement of the side yard setback would prevent the reasonable use of the rear
yard of the property for a pool enclosure similar to those on nearby lots and
throughout the County. Therefore, special conditions and circumstances exist that
variance.
b. Are there special conditions and circumstances which do not
result from the action of the applicant such as pre-existing
conditions relative to the property which is the subject of the
variance request?
Yes. The special conditions and circumstances associated with this property did
not result from any action of the current property owners. First, the unique shape
of the lot does not result from action of the Applicants. Second, the construction of
the pool and pool enclosure did not result from an action of the Applicants, instead,
the construction was performed
years ago. The construction completed by the contractor was not in accordance
PL20250011116
Page 254 of 419
Page 2 of 4
with the approved plans, and a final survey was never submitted to close out the
building permits upon completion. These conditions went unnoticed for many
years until the current Applicants purchased the property and obtained a new
boundary survey as part of the closing process and submitted it to the County to
resolve these permits. The survey revealed that the existing pool enclosure
encroaches upon the side yard setback area. The Applicants are now seeking this
variance to remedy a long-standing condition created by the contractor, not by any
action or request of their own.
c. Will a literal interpretation of the provisions of this zoning code
work unnecessary and undue hardship on the applicant or
create practical difficulties on the applicant?
Yes. A literal interpretation of the zoning code would create unnecessary and
undue hardship for the Applicants. The existing pool and pool enclosure were
in place since that time without any known adverse impacts to adjacent properties
or the community. Further, the Applicants took no part in the creation of the
Applicants converging property lines. Enforcing the full side yard setback
requirement would require the Applicants to remove or reconstruct a portion of a
longstanding improvement that they did not build, imposing a significant and
unreasonable financial burden. This hardship is not self-created and results solely
from pre-existing conditions discovered during the closing process in the
Applicants purchase of the property. Granting the requested variance would
allow the continued use and maintenance of the pool enclosure while bringing the
property into compliance through the proper legal process, consistent with the
intent of the zoning code to promote fairness and reasonable use of residential
property.
d. Will the variance, if granted, be the minimum variance that will
make possible the reasonable use of the land, building or
structure and which promote standards of health, safety or
welfare?
The variance, if granted, would be the minimum variance that will make
possible the reasonable use of the land given the current and pre-existing use
of the site. There is no impact on health, safety, or welfare. Given the existence
of a privacy hedgerow on the westward border of the Applicant property
there should be no impact on the neighbor to the West. Additionally, the pool
cage has been in place for approximately 15 years and there appear to be no
complaints from the neighbor. Granting this variance will not expand the
structure or increase the degree of nonconformity; it will simply legalize an
existing condition and allow the property to meet permitting and compliance
PL20250011116
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requirements.
e. Will granting the variance requested confer on the petitioner
any special privilege that is denied by these zoning regulations
to other lands, buildings, or structures in the same zoning
district?
Granting the variance will not result in conferring any special privilege on the
Applicants by virtue of balancing the factors required to grant a variance.
Many properties in the PUD have pools and pool cages. The pool itself is not
in violation of any setbacks and thus this variance is not facilitating what
would otherwise be a larger pool than is common in the neighborhood.
Additionally, all properties may apply for a variance when applicable and thus
obtaining a variance, provided on balance the factors are met, is not a special
privilege. See Collier County Resolution 2020-61 (granting a variance under
similar circumstances.).
f. Will granting the variance be in harmony with the intent and
purpose of this zoning code, and not be injurious to the
neighborhood, or otherwise detrimental to the public welfare?
Granting the variance will be in harmony with the intent and purpose of the
Collier County Land Development Code. The purpose of variances is:
Purpose. In specific cases, variance from the terms of the LDC may be granted
where said variance will not be contrary to the public interest, safety, or welfare
and where owing to special conditions peculiar to the property, a diminution of a
regulation is found to have no measurable impact on the public interest, safety or
welfare; or a literal enforcement of the LDC would result in unnecessary and
undue hardship, or practical difficulty to the owner of the property and would
otherwise deny the property owner a level of utilization of his/her property that is
consistent with the development pattern in the neighborhood and clearly has no
adverse effect on the community at large or neighboring property owners.
The purpose of variances, as stated in this zoning code is to allow for a diminution
of regulation when the balance of the factors analyzed herein show that
or welfare; or a literal enforcement of the LDC would result in unnecessary and
undue hardship, or practical difficulty to the owner of the property and would
otherwise deny the property owner a level of utilization of his/her property that is
consistent with the development pattern in the neighborhood and clearly has no
by meeting the other factors, granting the variance will be in harmony with the
intent and purpose of the Collier County Land Development Code.
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Further, the Collier County Land Development Code, in part, states the
following within the purpose and intent section of Planned Unit Development
LDC and the GMP may depart from the strict application of setback, height,
and minimum lot requirements of conventional zoning districts while
Accordingly, request is in harmony with the purpose and
intent of a Planned unit development.
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.
Yes, there are physically induced conditions that ameliorate the goals and
objectives of the regulation such as vegetation for privacy between the
Applicants property and the Westward property.
h. Will granting the variance be consistent with the Growth
Management Plan?
Yes. The Subject Property is in the Rural Settlement Area District. There are
no policies applicable that this application is inconsistent with the Growth
Management Plan. Further, this application is consistent with Policy 1.2 of
the Private Property Rights Element which states: Collier County will support
the right of a property owner to use, maintain, develop, and improve his or her
property for personal use or for the use of any other person, subject to state
law and local ordinances. Here, variances are provided for under the LDC, and
this variance supports the rights of the Applicants without creating any
health, safety, or welfare issues.
PL20250011116
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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
PL20250011116
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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
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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
PL20250011116
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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
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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
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
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 3 of 3
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Date:
SURVEY HAS BEEN
REVIEWED BY ZONING
FOR COMPLIANCE
Survey
Approved
Rejected
CDP2010090409
Screen Enclosure
7/23/2025left side does not meet 5.5'
Variance from the minimum side yard setback in Collier County Ordinance 2012-09 Section 4.06 Table II A for a single-family detached home on a property within the R-2 Tract of the Orangetree PUD
Page 294 of 419
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., February 26, 2026, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe
Drive, Room 609/610, Naples, FL 34104, to consider:
PETITION NO. VA-PL20250011116 – REQUEST FOR A VARIANCE FROM R-2
DEVELOPMENT STANDARDS IN SECTION IV, 4.06, TABLE II A, OF THE
ORANGETREE PUD, ORDINANCE 12-09, AS AMENDED, TO REDUCE THE
REQUIRED SIDE YARD SETBACK FOR AN EXISTING ACCESSORY SCREEN
ENCLOSURE ON A SINGLE-FAMILY DETACHED HOME FROM 5.5 FEET TO 4.01
FEET ON THE NORTHWEST PROPERTY LINE ON APPROXIMATELY 0.24 ACRES
KNOWN AS WATERWAYS OF NAPLES UNIT THREE LOT 119 SUBDIVISION, ALSO
KNOWN AS 900 GRAND RAPIDS BLVD, NAPLES, FL, 34120 IN SECTION 14,
TOWNSHIP 48 SOUTH, RANGE 27 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.
Page 295 of 419
Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier
County Growth Management Community Development Department, Zoning Division, 2800 North
Horseshoe Drive, Naples, FL 34104.
As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such
final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be 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
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1
Maria Estrada
To:Maria Estrada
Subject:Sign Posting Feb 9th, 2026 around 4:30 p.m.
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2
From: Maria Estrada <bjjestradaboys@gmail.com>
Sent: Friday, February 13, 2026 9:23 AM
To: Maria Estrada <Maria.Estrada@collier.gov>
Subject: Sign Posting Feb 9th, 2026 around 4:30 p.m.
Page 298 of 419
2/26/2026
Item # 3.D
ID# 2026-315
PETITION NO. BD-PL20240010109 - 400 Oak Avenue- Request for a 16-foot boat dock extension from the
maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat
docking facility protruding a total of 36 feet into a waterway that is 154± feet wide, pursuant to LDC Section 5.03.06.H.
The subject property is located at 400 Oak Avenue, further described as Lot 7, Block I, Conner’s Vanderbilt Beach
Estates Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly,
Planner III] Commission District 2
ATTACHMENTS:
1. Staff Report BD-PL20240010109 - 02052026
2. Attachment A - Prposed Dock Drawings
3. Attachment B - Boundary,Topographic Survey, and Site Plan
4. Attachment C - Applicant's Backup - Application and Supporting Documents
5. Attachment D - Permit PRMAR20240309517, Abridged
6. Attachment E - Public Hearing Sign Posting 02102026
7. Attachment F - Publication Confirmation HEX 02_26_2026 - 400 Oak Ave PL20240010109
Page 299 of 419
BD-PL20240010109; 400 Oak Ave Page 1 of 8
02/05/2026
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION- ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
HEARING DATE: FEBRUARY 26, 2026
SUBJECT: BD-PL20240010109, 400 OAK AVENUE – MCGRATH DOCK
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
E T McGrath Revocable Trust Mark Oreus
400 Oak Ave Greg Orick II Marine Construction, Inc.
Naples, FL 34108 3710 Prospect Ave
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 16-foot boat dock extension from the maximum permitted protrusion of
20 feet for waterways greater than 100 feet in width, to allow the construction of a boat docking
facility protruding a total of 36 feet into a waterway that is 154± feet wide, pursuant to Section
5.03.06.H of the Collier County Land Development Code (LDC).
GEOGRAPHIC LOCATION:
The subject property is located at 400 Oak Avenue, also known as Lot 7, Block I, Conner’s
Vanderbilt Estates Unit No. 2, according to the plat thereof as recorded in Plat Book 3, Page 17,
Public Records of Collier County, Florida, in Section 32, Township 48 South, Range 25 East,
Collier County, Florida. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property comprises 0.21 acres with a single-family dwelling. No dock presently
exists, as it was removed to facilitate the construction of a new seawall; Building Permit No.
PRMAR20240309517 (See Attachments D). In conjunction with the seawall, the area landward
of the new seawall was backfilled, which increased the usable land mass and changed the
contour of the waterfront. The new dock facility is to be perpendicular to the shore and will have
one slip with a boatlift for a 30-foot vessel. The dock will protrude 36 feet, measured from the
property line, into the Vanderbilt Lagoon and will be setback 15 feet or more on both sides.
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BD-PL20240010109; 400 Oak Ave Page 2 of 8
02/05/2026
SURROUNDING LAND USE & ZONING:
North: Oak Avenue (Right-of-Way), then a single-family dwelling located within an RSF-3
Zoning District
East: A single-family dwelling located within an RSF-3 Zoning District
South: Vanderbilt Lagoon (waterway), then submerged land within an RSF-3 / Special
Treatment Overlay (ST) Zoning District
West: A single-family dwelling located within an RSF-3 Zoning District
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BD-PL20240010109; 400 Oak Ave Page 3 of 8
02/05/2026
Collier County GIS
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BD-PL20240010109; 400 Oak Ave Page 4 of 8
02/05/2026
Collier County GIS
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to a man-made canal. The proposed docking
facilities will be constructed waterward of the existing seawalled shoreline. The shoreline does
not contain native vegetation. A survey provided by the applicant found no submerged resources
in the area 200 feet beyond the proposed docking facility (Submerged Resource Survey exhibit
sheet 7 of 7).
This project does not require an Environmental Advisory Council Board (EAC) review, because
this project did not meet the EAC scope of land development project reviews as identified in
Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and
Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more
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BD-PL20240010109; 400 Oak Ave Page 5 of 8
02/05/2026
than two slips; typical multi-family use should be one slip per dwelling unit; in the
case of unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property is improved with a single-family dwelling, and the
proposed dock facility is being proposed for a single vessel.
2. Whether the water depth at the proposed site is so shallow that a vessel of the
general length, type and draft as that described in the petitioner’s application is
unable to launch or moor at mean low tide (MLT). (The petitioner’s application
and survey should establish that the water depth is too shallow to allow launching
and mooring of the vessel(s) described without an extension.)
Criterion met. The applicant’s agent states: “Without the boat dock extension, the vessel,
which has a draft of 2.5 feet, would not be able to be moored shore parallel or launched
while at MLWL (.13’) due to the water depth within a 20-foot protrusion of the
MHWL/property line, as shown in the bathymetric survey and cross-section drawing. The
water depth is not adequate until 10 – 15 feet away from the seawall.” Staff Concurs,
based upon exhibits contained within Attachments A and B.
3. Whether the proposed dock facility may have an adverse impact on navigation
within an adjacent marked or charted navigable channel. (The facility should not
intrude into any marked or charted navigable channel thus impeding vessel traffic
in the channel.)
Criterion met. The applicant’s agent states: “Proposed dock facility does not intrude into
any marked or charted navigable channel, thus there will be no adverse impact on
navigation. The proposed dock and lift have been designed not to impede navigation, and
its protrusion is consistent with the neighboring docks along the shoreline.” Staff concurs.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion met. The applicant’s agent states: “The waterway width is 154 feet, and the
proposed dock facility protrudes a total of 36 feet from MHWL, which is 23.38 percent
of the waterway width. Thus, the dock facility does not protrude more than 25% of the
waterway width and maintains more than 50% of navigable waterway width.” Staff
concurs.
5. Whether the proposed location and design of the dock facility is such that the
facility would not interfere with the use of neighboring docks. (The facility should
not interfere with the use of legally permitted neighboring docks.)
Criterion met. The applicant’s agent states: “The proposed dock location and design will
not impact or interfere with the use of any neighboring docks. The nearest existing
neighboring dock is approximately 38.1 feet from the proposed dock.” Staff concurs.
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BD-PL20240010109; 400 Oak Ave Page 6 of 8
02/05/2026
Secondary Criteria:
1. Whether there are special conditions not involving water depth, related to the
subject property or waterway, which justify the proposed dimensions and location
of the proposed dock facility. (There must be at least one special condition related
to the property; these may include type of shoreline reinforcement, shoreline
configuration, mangrove growth, or seagrass beds.)
Criterion not met. The applicant’s agent states: “Shoreline configuration would allow a
boat to be lifted from a Parallel position relative to the shoreline. Outside of water depths,
there are no special conditions.” Staff concurs.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
area not directly related to these functions. (The facility should not use excessive
deck area.
Criterion met. The applicant’s agent states: “The design of the proposed boat dock is for
recreational vessels to be maintained safely without incident. No excessive deck area is
being proposed outside of the normal 20-foot limits, as shown in the site plan. A small
deck area for safely loading and storage of non-motorized crafts is proposed within the
regular limits on the west side.” Staff concurs.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject
property’s linear waterfront footage. (The applicable maximum percentage should
be maintained.)
Criterion met. The applicant’s agent states: “Vessel LOA is 30 feet, which is Less than 50
percent of the linear water frontage, being 75 feet long.” Staff concurs.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The applicant’s agent states: “Proposed dock facility will not have an
impact on the waterfront view of neighboring properties and will be consistent with
existing dock facilities along the shoreline as shown in the aerial drawing. The proposed
dock facility is within the property‘s riparian lines and will not impact the view of the
neighboring waterfront property owners.” Staff concurs.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06.J of the LDC must be
demonstrated.)
Criterion met. The submerged resources survey provided indicates that no seagrass beds
exist within 200-feet of the proposed dock. No seagrass beds will be impacted by the
proposed dock facility.
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BD-PL20240010109; 400 Oak Ave Page 7 of 8
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6. Whether the proposed dock facility is subject to the manatee protection
requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance
with section 5.03.06(E)(11) must be demonstrated.
Criterion not applicable. The provisions of the Collier County Manatee Protection Plan
do not apply to single-family dock facilities except for those within the seawalled basin
of Port of the Islands; the subject property is not located within Port of the Islands.
Staff analysis finds this request complies with five of the five primary criteria. With respect to
the six secondary criteria, one of the criteria is found to be not applicable, the request meets four
of the remaining five secondary criteria.
CONCURRENT LAND USE APPLICATIONS:
None.
APPEAL OF BOAT DOCK EXTENSION:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of
the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner.
An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of
Collier County within 30 days of the decision. In the event that the petition has been approved by
the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at
his/her own risk during this 30-day period. Any construction work completed ahead of the
approval authorization shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition
BD-PL20240010109, to allow for the construction of the proposed dock facility as depicted
within the plans contained in Attachments A and B.
Attachments:
A. Site Plan and Cross-Section
B. Boundary and Topographic Survey
C. Applicant’s Backup, application, and supporting documents
D. Permit PRMAR20240309517, Abridged
E. Public Hearing Sign posting
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36'-0" From Property Line3'-6"37'-1"17'-0"5'-0"5'-0"15'-0"30' VESSEL
3710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:ED McGRATH400 OAK AVENAPLES FL, 341082024.05.142024.05.23SITE PLANA1/8" = 1'-0"1/1NOTES:(A) DOCK DIMENSIONS• 795 FT² FIBERON DOCK• 220 FT PERIMETER•182 FT FASCIA(B) RE-INSTALL EXISTING LIFT15 FTMINIMUMSIDE YARDWEST PROPERTY LINEEAST PROPERTY LINECONNER'S VANDERBILT BEACH ESTATESUNIT 2, BLOCK I, LOT #715 FTMINIMUMSIDE YARDPage 307 of 419
DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:23 JULY 20241" = 20'ORICKTJDAH1 of 2GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380400 OAK AVENAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDABOUNDARY AND TOPOGRAPHIC SURVEYSECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213 BSLEGENDOAK AVEWATERWAYPROPERTY DESCRIPTIONNOTES:N 1°10'14" W 123.37'
S 1°10'14" E 122.92'N 88°49'46" E75.00'S 88°49'46" W75.00'Page 308 of 419
DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:16 JULY 20241" = 20'ORICKTJDAHGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380400 OAK AVENAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDASECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213 PPLEGENDOAK AVEWATERWAYPROPERTY DESCRIPTIONNOTES:N 1°10'14" W 123.37'
S 1°10'14" E 122.92'N 88°49'46" E75.00'S 88°49'46" W75.00'2 of 2SITE PLAN w/ PROPOSED IMPROVEMENTSPage 309 of 419
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.
Revised 5/18/2018
_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.
_X_ Disclosure of Property Ownership Interest (if there is additional documentation aside from
disclosure form)
Affidavit of Unified Control
_X_ Affidavit of Re�resentation Authorization
_X_ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
__ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
✓Include 3 thumbnail drives of video and/or audio Agent Letter Pkg.
__ Traffic Impact Study (TIS)
Environmental Data
__ Historical/Archeological Survey or Waiver
__ Utility Letter
_X_ Deviation Justifications
Provide to Agents G:\CDES Planning Services\Current\Zoning Staff lnforrnation\lob Aides or Help Guides
Page 310 of 419
_X_ Boundary Survey
_X _ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc.
_lL Submerged Resource Surveys may be included here if required.
�_flash drive with only one pdf file for all documents OR e-mailed .pdf file
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.
Date
Printed Name of Signing Agent Representative
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff lnforrnation\lob Aides or Help Guides
1/21/2026
Page 311 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 1 of 7
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
THIS PETITION IS FOR (check one or both, if applicable): BOATHOUSE DOCK EXTENSION
Name of Property Owner(s):
Name of Applicant if different than owner:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Name of Agent:
Firm:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Section/Township/Range: / / Property ID Number:
Subdivision:
Unit: Block: Lot:
Address/ General Location of Subject Property:
Current Zoning and Land Use of Subject Property:
APPLICANT INFORMATION
PROPERTY LOCATION
BOATHOUSE ESTABLISHMENT PETITION OR BOAT DOCK FACILITY EXTENSION
Land Development Code Section 5.03.06
Chapter 3 B.1 or B.2 of the Administrative Code
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY
AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Page 312 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 2 of 7
Zoning Land Use
N
S
E
W
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other
pertinent information):
1. Water Width: ft. Measurement from: plat survey visual estimate
other(specify):
2. Total Property Water Frontage:
ft.
3. Setbacks: Provided: ft.
Required: ft.
4. Total Protrusion of Proposed Facility into Water:
ft.
5. Number and Lengths of Vessels to Use Facility:
1. ft. 2. ft. 3. ft. 4. ft.
6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d.
ft.
7. List any additional dock facilities in close proximity to the subject property and indicate the total
protrusion into the waterway of each:
ADJACENT ZONING AND LAND USE
DESCRIPTION OF PROJECT
SITE INFORMATION
Page 313 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 3 of 7
1. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant
shall be responsible for erecting the required sign. What is the size of the petitioned property?
Acres
2. 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 a copy.)
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining
its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following
criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for
the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary
criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a
narrative response to the listed criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the
waterfront length, location, upland land use, and zoning of the subject property; consideration should be
made of property on unbridged barrier islands, where vessels are the primary means of transportation to
and from the property.
(The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-
family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips
may be appropriate.)
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type,
and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT).
(The petitioner’s application and survey should show that the water depth is too shallow to allow launch
and mooring of the vessel(s) described without an extension.)
3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent
marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable
channel thus impeding vessel traffic in the channel.)
4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway,
and whether or not a minimum of 50% of the waterway width between dock facilities on either side of
the waterway is maintained for navigability. (The facility should maintain the required percentages.)
5. Whether or not the proposed location and design of the dock facility is such that the facility would not
interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted
neighboring docks.)
DOCK EXTENSION PRIMARY CRITERIA
Page 314 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 4 of 7
1. Whether or not there are special conditions, not involving water depth, related to the subject property or
waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be
at least one special condition related to the property; these may include type of shoreline reinforcement,
shoreline configuration, mangrove growth, or seagrass beds.)
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading
and routine maintenance, without the use of excessive deck area not directly related to these functions. (The
facility should not use excessive deck area.)
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by
the petitioner exceeds 50 percent of the subject property’s linear waterfront footage.(The applicable maximum
percentage should be maintained.)
4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring
waterfront property owners. (The facility should not have a major impact on the view of either property owner.)
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are
present, compliance with LDC subsection 5.03.06 J must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection
5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.)
The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in determining
its recommendation to the decision maker. The decision maker will utilize the following criteria as a guide in the
decision to approve or deny a particular Boathouse request. In order for the request to be approved, all of the
criteria must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions.
1. Minimum side setback requirement: Fifteen feet.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone
may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks.
3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the
peak or highest elevation of the roof.
4. Maximum number of boathouses and covered structures per site: One.
5. All boathouses and covered structures shall be completely open on all 4 sides.
6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a palm
frond “chickee” style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously
with, the construction of any boathouse or covered dock structure.
7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent
neighbors to the greatest extent practical.
BOATHOUSE CRITERIA
DOCK EXTENSION SECONDARY CRITERIA
Page 315 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 5 of 7
Complete the following for all registered Homeowner / Civic Association(s) that could be affected by this
petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary.
Information can be found on the Civic Associations and Communities page on the Board of County
Commissioner’s website. Applicant is responsible for and shall confirm the current mailing addresses for each
association as registered by the Florida Department of State, Division of Corporations.
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
ASSOCIATIONS
Page 316 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 6 of 7
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 or processed.
REQUIREMENTS FOR REVIEW REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Property Ownership Disclosure Form
Affidavit of Authorization, signed and notarized
Completed Addressing Checklist
Site plan illustration with the following:
•Lot dimensions;
•Required setbacks for the dock facility;
•Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
•Configuration, location, and dimensions of existing and proposed facility;
•Water depth where proposed dock facility is to be located;
•Distance of navigable channel;
•Illustration of the contour of the property; and
•Illustration of dock facility from both an aerial and side view.
•Roof Structure on Dock
Signed and sealed survey
Chart of site waterway
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:
Dock Extension
Boathouse
Chapter 3 B. of the Administrative Code
Page 317 of 419
Page 318 of 419
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
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 319 of 419
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
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 320 of 419
Page 321 of 419
Page 322 of 419
Page 323 of 419
License #C28961
Friday, November 22, 2024
Collier County Growth Management
Zoning Division
2800 N Horseshoe Dr.
Naples, FL 34104
Re: PL20240010109
400 Oak Ave (BDE)
Project Narrative
This project is to request for a 16-foot boat dock extension from the maximum permitted
protrusion of 20 feet for waterways greater than 100 feet in width. Which would allow construction
of a boat docking facility that is to house a 30' boat protruding a total of 36 feet into a waterway
that is 154± feet wide, pursuant to LDC Section 5.03.06 located at 400 Oak Ave, Naples, Florida
34108. This lot property is located on the South East side of the Vanderbilt Lagoon which
currently contains no dock. The subject property is located within Section 32, Township 48, and
Range 25 in Collier County and can be identified by folio #27581000007. The current property is
contains a Single family Residence CO'd on 10/15/1979 under permit number 79-1207. The
usable property has increased fifteen feet water ward with new seawall under permit
PRMAR20240309517 which has forced the need for a BDE for a similar oriented dock to be
installed. The shore perpendicular dock will provides the most direct and efficient path to deeper
water for vessel mooring while keeping the dock within the applicant’s extended riparian lines.
2815 Bayview Drive, Naples FL 34112
Office: (239) 949 – 5588 ● E-Mail: info@orickmarine.com
www.orickmarine.com
Page 324 of 419
Primary Criteria
1.Whether or not the number of dock facilities and/or boat slips
proposed is appropriate in relation to the waterfront length, location,
upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where
vessels are the primary means of transportation to and from the
property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi-family use should
be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
Response: Criteria Met: The upland property is a Single Family
Residential zoned lot that per the LDC is allowed two boat slips.
Proposed dock consists of 1 slip with a lift, which is appropriate for a
single-family dwelling. We are requesting a 16-foot extension from the
allowed 20-foot protrusion, for a total 36-foot protrusion.
2.Whether or not the water depth at the proposed site is so shallow that
a vessel of the general length, type, and draft as that described in the
petitioner’s application is unable to launch or moor at mean low tide
(MLT). (The petitioner’s application and survey should show that the
water depth is too shallow to allow launch and mooring of the vessel
(s) described without an extension.)
Response: Criteria Met: Without the boat dock extension, the vessel
would which draft is 2.5' would not be able to be moored shore parallel or
launched while at MLWL (.13') due to the water depth within a 20’
protrusion of the MHWL/ property line, as shown in the bathymetric
survey and cross section drawing. The water depth is not adequate until
10 - 15' away from Seawall.
Page 325 of 419
3.Whether or not the proposed dock facility may have an adverse impact
on navigation within an adjacent marked or charted navigable channel.
(The facility should not intrude into any marked or charted navigable
channel thus impeding vessel traffic in the channel.)
Response: Criteria Met: Proposed dock facility does not intrude into any
marked or charted navigable channel, thus there will be no adverse
impact on navigation. The proposed dock and lift have been designed
not to impede navigation and its protrusion is consistent with the
neighboring docks along the shoreline
4.Whether or not the proposed dock facility protrudes no more than 25
percent of the width of the waterway, and whether or not a minimum
of 50 percent of the waterway width between dock facilities on either
side of the waterway is maintained for navigability. (The facility should
maintain the required percentages.)
Response: Criteria Met: The water way width is 154’ and the proposed
dock facility protrudes a total of 36' from MHWL, which is 23.38% of the
water-way width. Thus, the dock facility does not protrude more than 25%
of water-way width and maintains more than 50% of navigable water-way
width.
5.Whether or not the proposed location and design of the dock facility is
such that the facility would not interfere with the use of neighboring
docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
Response: Criteria Met: The proposed dock location and design will not
impact or interfere with the use of any neighboring docks. The nearest
existing neighboring dock is approximately 38.1’ from proposed dock.
Page 326 of 419
Secondary Criteria
1.Whether or not there are special conditions, not involving water depth,
related to the subject property or waterway, which justify the proposed
dimensions and location of the proposed dock facility. (There must be at
least one special condition related to the property; these may include
type of shoreline reinforcement, shoreline configuration, mangrove
growth, or seagrass beds.)
Response: Criteria Not Met - Shoreline configuration would allow a boat to
be lifted from a Parallel position relative to shoreline Outside of water
depths there are no special condition
2.Whether the proposed dock facility would allow reasonable, safe, access
to the vessel for loading/unloading and routine maintenance, without the
use of excessive deck area not directly related to these functions. (The
facility should not use excessive deck area.)
Response: Criteria Met - The design of the proposed boat dock is for the
recreational vessel to be maintained safely without incidence. No excessive
deck area is being proposed outside of the normal 20' limits, as shown in the
site plan. A small deck area for safely loading and storage of non motorized
crafts is proposed within the regular limits on the west side.
3.For single-family dock facilities, whether or not the length of the vessel, or
vessels in combination, described by the petitioner exceeds 50 percent of
the subject property’s linear waterfront footage. (The applicable
maximum percentage should be maintained.)
Page 327 of 419
Response: Criteria Met - Vessel LOA is 30' feet long, which is Less than 50
percent of the linear water frontage, being 75' long.
4.Whether or not the proposed facility would have a major impact on the
waterfront view of neighboring waterfront property owners. (The facility
should not have a major impact on the view of either property owner.)
Response: Criteria Met - Proposed dock facility will not have an impact on
waterfront view of neighboring properties and will be consistent with existing
dock facilities along shoreline as shown in the aerial drawing. The proposed
dock facility is within the property’s riparian lines and will not impact the view
of the neighboring waterfront property owners.
5.Whether or not seagrass beds are located within 200 feet of the proposed
dock facility. (If seagrass beds are present, compliance with LDC
subsection 5.03.06 I must be demonstrated.)
Response: There are no sea grass beds located near proposed dock facility as
shown in the results of submerged resource survey conducted by Bayshore
Marine Consulting and provided for review.
6.Whether or not the proposed dock facility is subject to the manatee
protection requirements of LDC subsection 5.03.06 E.11. (If applicable,
compliance with subsection 5.03.06.E.11 must be demonstrated.)
Response: This is a single family proposed dock with one vessel mooring area
with lift and is not subject to the requirements of the Manatee Protection
Plan as stated in the above referenced code of 5.03.06 E.11.
Page 328 of 419
36'-0" From Property Line3'-6"37'-1"17'-0"5'-0"5'-0"15'-0"30' VESSEL
3710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:ED McGRATH400 OAK AVENAPLES FL, 341082024.05.142024.05.23SITE PLANA1/8" = 1'-0"1/1NOTES:(A) DOCK DIMENSIONS• 795 FT² FIBERON DOCK• 220 FT PERIMETER•182 FT FASCIA(B) RE-INSTALL EXISTING LIFT15 FTMINIMUMSIDE YARDWEST PROPERTY LINEEAST PROPERTY LINECONNER'S VANDERBILT BEACH ESTATESUNIT 2, BLOCK I, LOT #715 FTMINIMUMSIDE YARDPage 329 of 419
8' (WATER DEPTH)24' (WATER DEPTH)3.0'36'-0" (DOCK)MHWL = 0.61'MLWL = 0.13'4.7'6.3'3710 PROSPECT AVENUE NAPLES FL 34104 239.949.5588PROJECT:ADDRESS:PAGE:DATE:REV 1:REV 2:REV 3:REV 4:REV 5:APPROVAL:ED McGRATH400 OAK AVENAPLES FL, 341082024.05.142024.05.23CROSS SECTIONA1/4" = 1'-0"1/1NOTES:Page 330 of 419
DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:23 JULY 20241" = 20'ORICKTJDAH1 of 2GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380400 OAK AVENAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDABOUNDARY AND TOPOGRAPHIC SURVEYSECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213 BSLEGENDOAK AVEWATERWAYPROPERTY DESCRIPTIONNOTES:N 1°10'14" W 123.37'
S 1°10'14" E 122.92'N 88°49'46" E75.00'S 88°49'46" W75.00'Page 331 of 419
DRAWN BY:CHECKED BY:JOB CODE:SCALE:DATE:FILE:SHEET:16 JULY 20241" = 20'ORICKTJDAHGradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144ZZZ.GradyMinor.coP Fort Myers: 239.690.4380400 OAK AVENAPLES FL 34108LYING INCOLLIER COUNTY, FLORIDASECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST 22-213 PPLEGENDOAK AVEWATERWAYPROPERTY DESCRIPTIONNOTES:N 1°10'14" W 123.37'
S 1°10'14" E 122.92'N 88°49'46" E75.00'S 88°49'46" W75.00'2 of 2SITE PLAN w/ PROPOSED IMPROVEMENTSPage 332 of 419
SUBMERGED RESOURCE SURVEY REPORT
JUNE 2024
400 OAK AVE.
NAPLES, FL 34108
FOLIO #27581000007
Page 333 of 419
400 Oak Ave.
Submerged Resource Survey
June 2024
1
1 INTRODUCTION
Bayshore Marine Consulting, LLC (BMC) has been contracted to provide environmental services
in the form of a Submerged Resource Survey (SRS) at 400 Oak Ave. in Naples, FL 34108. The
site is located within Section 32, Township 48 S, and Range 25 E of Collier County and can be
identified by folio #27581000007. This resource survey will provide planning assistance to both
the property owner and regulating agencies during any project review process.
The subject property consists of a 0.21-acre parcel that can be found near the southern end of
Vanderbilt Lagoon. The property currently contains a single-family residence. The 80’ of shoreline
at the property is comprised of a new seawall with no dock facilities present. The subject parcel
is neighbored to the north, east, and west by single-family homes (that all have dock facilities)
and to the south by the open water of Vanderbilt lagoon.
The SRS was conducted on June 12th, 2024, between approximately 12:00 p.m. and 1:00 p.m.
Site conditions consisted of overcast skies with strong winds. Water clarity was poor, allowing for
submerged visibility of approximately 1 to 2 feet. The ambient air temperature was approximately
80 degrees Fahrenheit and wind speeds averaged 15 - 20 mph from the west. The average
ambient water temperature was approximately 80 degrees Fahrenheit. High tide occurred prior to
the site visit at approximately 6:53 a.m. and reached approximately 1.8 feet above the Mean Low-
Water Line. Low tide was achieved during the site visit at approximately 12:17 p.m., reaching
approximately 0.2 feet above the Mean Low Water Mark. High tide was achieved again following
the site visit at 6:09 p.m. reaching approximately 1.8 feet above the Mean Low Water Line.
2 OBJECTIVE
The objective of the SRS was to identify and locate any existing submerged resources within or
around the riparian area of the subject property. Ordinarily, if seagrasses are present within the
vicinity of a proposed project area, an analysis will be required regarding species, percent
coverage, and impacts projected by the project. The presence of seagrasses may be cause for
re-configuration of the project design so as to minimize impacts. The scope of work performed
during a typical submerged resource survey is summarized below:
• BMC personnel will conduct a site visit and swim a series of transects within the project site
in order to verify the location of any submerged resources.
• BMC personnel will identify submerged resources within the vicinity of the project site and
delineate the approximate boundary limit of the resources.
• BMC personnel will produce an estimate of the percent coverage of any resources found.
3 METHODOLOGY
BMC has designed the methodology of the SRS to cover the entire property’s shoreline and
riparian area. The components utilized for this survey included:
Page 334 of 419
400 Oak Ave.
Submerged Resource Survey
June 2024
2
• Reviewing aerial photography of the surveyed area.
• Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials.
(See attached Exhibits)
• Physically swimming the transects while using snorkel equipment, GPS locating the limits of
any submerged resources found, and determining the percent coverage within the area.
• Documenting and photographing all findings into this report
The surveyed area was evaluated by following the established transect lines throughout the
project site as shown on the attached exhibit. Neighboring properties, docking facilities, and other
landmarks provided reference markers which assisted in maintaining correct positioning over
each transect.
4 RESULTS
The substrate found within the surveyed area consists of silty muck material. Depths increased
gradually with distance from the shoreline from approximately 4 to 10 feet. During the submerged
portion of the survey, no seagrasses, shellfish, or other resources were observed in any capacity
on the benthic surface. Oyster debris could be seen on some of the seawall panels and dock piles
within the survey area. Accordingly, no impacts to submerged resources are expected to occur
as the result of a dock project at the subject property. A list of species observed during the SRS
can be seen below in Table 1.
Table 1: Observed species of wildlife and vegetation within the vicinity of the project site
Common Name Scientific Name
Eastern oyster Crassostrea virginica
Common barnacle Balanus sp.
Striped mullet Mugil cephalus
Atlantic sheepshead Archosargus probatocephalus
5 CONCLUSION
The submerged resource survey was conducted and completed throughout the riparian area of
the subject property and yielded no results. No seagrasses or other resources were observed
anywhere within the vicinity of the project site. Accordingly, negative impacts to submerged
resources are not expected as the result of a proposed project at this location.
Page 335 of 419
400 Oak Ave.
Submerged Resource Survey
June 2024
3
6 PHOTOS
Photo 1: Shoreline and dock facilities within the survey area.
Photo 2: Typical view of benthic substrate within the survey area.
Page 336 of 419
NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 26.257191LONGITUDE:W -81.818807SITE ADDRESS:400 OAK AVE.NAPLES, FL 34108CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\2427 - Orick-McGrath, 400 Oak Ave\CAD\SRS set.dwg LOCATION MAP 6/18/2024SHEET NO.:01 OF 03LOCATION MAPSUBMERGED RESOURCE SURVEY242706-18-24N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:27581040009SECTION:32TOWNSHIP:48 SCOUNTY:COLLIERRANGE:25 ENAPLES PARKPage 337 of 419
OAK AVE.PROPERTYBOUNDARYSCALE IN FEET6030150CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\2427 - Orick-McGrath, 400 Oak Ave\CAD\SRS set.dwg EXISTING CONDITIONS 6/18/2024SHEET NO.:NESWN.S.P.06-18-24242702 OF 03SUBMERGED RESOURCE SURVEYEXISTING CONDITIONSSITE ADDRESS:,34108FLNAPLES400 OAK AVE.75'124'123'75'Page 338 of 419
SRSTRANSECTSSCALE IN FEET10050250CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\2427 - Orick-McGrath, 400 Oak Ave\CAD\SRS set.dwg PROPOSED DOCK 6/18/2024SHEET NO.:NESWRESOURCE MAPSUBMERGED RESOURCE SURVEY03 OF 03242706-18-24N.S.P.200'TRANSECTS SPACED
10' O.C.NO RESOURCESOBSERVED WITHINSURVEY AREAPage 339 of 419
Building Plan Review & Inspection Division
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: PRMAR20240309517 Date Issued: July 27, 2024
Permitted Address: 400 Oak AVE, Naples Parcel: 27581000007
Owner
Information:
E T MCGRATH REV TRUST
400 OAK AVE
NAPLES, FL 34108
Building Official: Fred Clum
Job Description: Install 94' Seawall
400 Oak AVE, Naples
Number of Electrical Meters:
Page 340 of 419
Page 341 of 419
PRMAR2024030951701
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT
PERMIT #: PRMAR2024030951701 PERMIT TYPE: Marine
DATE ISSUED: March 29, 2024
BUILDING CODE IN EFFECT: FBC 8th Edition 2023
JOB ADDRESS: 400 Oak AVE, Naples
FOLIO #:
JOB DESCRIPTION: Install 94' Seawall
400 Oak AVE, Naples
OWNER INFORMATION:
E T MCGRATH REV TRUST
400 OAK AVE
NAPLES, FL 34108
AREA OF WORK (SQFT): 0
SETBACKS:
FRONT: REAR: LEFT: RIGHT:
FLOOD ZONE: AE
SEWER:
WATER:
CONTRACTOR INFORMATION:CERTIFICATE #:
GREG ORICK II MARINE CONSTRUCTION, INC
3710 PROSPECT AVE
NAPLES, FL 34104
(239) 949-5588
C28961
Page 342 of 419
PRMAR2024030951701
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:
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.
CO Hold Engineering Certificate/Letter (Structural). Upload to the condition on the portal. Engineers Letter/Certificate
of Compliance and/or Inspection Reports of seawall panels, tie backs and cap required Permit
#PRMAR20240309517 on CO hold until receipt of Engineers letter.
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
Page 343 of 419
PRMAR2024030951701
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 344 of 419
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 (1.2020)
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 345 of 419
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:
PLEASE DO NOT WRITE BELOW, FOR STAFF USE ONLY
PMR Date:Days Review: Sets of Plans:
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 1.2020 Page 2/4
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 Electric from house
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.:
15000
Install 94' Seawall
27581000007
400 OAK AVE
E T MCGRATH REV TRUST
2399495588
Permits@orickmarine.com
Mark Oreus C28961
GREG ORICK II MARINE CONSTRUCTION, INC
2815 BAYVIEW DR, NAPLES, 34112
GREG ORICK II
PERMITS@ORICKMARINE.COM
239-949-5588
Page 346 of 419
Co�r County� Growth Management Departrrent
BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400
PermittingDept@colliercountyfl.gov
Seeton I. A Required Page for ALL Building Permit Applicatons
ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY OWNER OR AGENT OF OWNER
NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements 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 enties such as the Water Management District, State agencies, or Federal agencies.
WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professional advice.
WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose must be obtained from the Growth Management Department.
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. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is not a clearing permit.
WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures located in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation.
CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE OWNER OR AGENT OF OWNER, certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The approved permit and/or permit application expires if work is not commenced within 180 days from the date of issuance. I, THE OWNER OR
AGENT OF OWNER understand that only licensed contractors may be employed and that the structure cannot be used or occupied until a certificate of occupancy is issued. By signing this permit applications, I, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application to provide contracting services for the trade for which he or she is listed. I understand it is the responsibility of the property owner to notify the Building Plan Review and Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her services. I, THE OWNER OR
AGENT OF OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Furthermore, I, THE O R OR AGENT OF OWNER understand the owner is responsible for all construction work on the property.
Print Name of Owner or Agent of Owner
State of r L County of -C�oJ..ll .... l....:.\ ... e""-r...,... ____ _
The foregoing instrument was acknowledged before me by means of rf physical presence or D ?nline notarization this ___ day of
_______ , 20 __ , by (printed name of o wner or agent of owner) ---'C;r('C--,__,,��__,Q<:""""'"..,__,.\...,C,..,k,,.,.__...,.JC=--------------s:: person(s) Notary Public must check applicable box:...... ,....... MAKERBYOREUS -��-�-Are personally known to me f.: •·�·\\ MY COMMISSION# HH 182779 D Has produced a current drivers license __________________ \�·�·�� EXPIAES: October 6, 2025 ··?."r,�·r,6��---Bonded 11vu No1a1y Public UldelwrlenD Has produced --------------as identification.
NotarySignature: �7 u..---":1:;Z._
NOTICE OF COMMENCEMENT INFORMATION Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owner and a contractor related to improvements to real property consisting of single or multiple family dwellings up to and including four units. For A/C repairs or replacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE
FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR
NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE
THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING.
Building Perm,! Appicatlon 1.2023 Page 314
400 Oak Ave
13March24
Page 347 of 419
Co�r County �Grtl',\/lh Management Department
BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PermittingDept@colliercountyfl.gov
Seeton I. A Required Page for ALL Building Permit Applicatons
ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY THE QUALIFIER
NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements 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 enties such as the Water Management
District, State agencies, or Federal agencies.
WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the landowner's rights. Collier County is not responsible for the enforcement of these restrictions. nor are Collier County employees authorized to provide legal or business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professional advice.
WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose must be obtained from the Growth Management Department.
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. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is not
a clearing permit.
WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures located in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation.
CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE QUALIFIER, certify that I have not performed any work or installation prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The permit application or approved permit expires if work is not commenced within 180 days from the date of issuance. I, THE QUALIFIER understand that the structure cannot be used or occupied until a certificate of occupancy is issued. By signing this permit application, I, THE QUALIFIER, agree that I have been retained by the property
owner to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Plan Review and Inspection Division should I no longer be THE QUALIFIER responsible for providing said contracting services. I, THE QUALIFIER, agree that I understand the review and issuing of this permit do ot e)(empt me from complying with all County Codes and Ordinances.
Print Name of Qualifier
State of f 1-County of -�C .... ,c.�\\�ie_c-'----,,------
,1L
D online notarization this ____ day ofThe foregoing instrument was acknowledged before me by means of (0" physical presence or
______ , 20 -- , by (printed name of qualifier) __ ,..6:('-=-�""-,\--0..-...c,._�.._.,ck""--""""TI.""""' ________________ _
Such person(s) Notary Publi c must check applicable box: 0 Are personally known to me D Has produced a current drivers license _________________ _ D Has produced � as identification.
Notary Signature: � �
NOTICE OF COMMENCEMENT INFORMATION
Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owner and
a contractor related to improvements to real property consisting of single or multiple family dwellings up to and including four units. For A/C repairs or
replacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior to
the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In
order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection
department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any
other means such as a certified copy with the issuing authority.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE
FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNE Y BEFORE RECORDING YOUR
NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE
THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING.
Bu1ld1ng Permit Appfication 1.2023 Page4/4
400 Oak Ave
13
March 24
Page 348 of 419
2800 N. Horseshoe Drive
Naples, FL 34104
(239) 252-2428
March 13, 2024
Notice: A Marine Permit, reference number PRMAR20240309517, Has Been
Applied for Listing you as a Primary Contractor or Subcontractor.
This application was submitted through the GMCD Public Portal by a Portal account
registered to Greg Orick Marine Construction, Inc, using email address
info@orickmarine.com.
The work site address on the application is 400 Oak AVE, Naples.
If you were added to this application without your knowledge or authorization,
please contact the primary contractor immediately.
Primary
Contractor
GREG ORICK II MARINE CONSTRUCTION, INC
3710 PROSPECT AVE
NAPLES, FL 34104
INFO@ORICKMARINE.COM
Page 349 of 419
Approval of Construction Documents
Building Plan Review & Inspection
2800 N. Horseshoe Dr, Naples, FL 34104 239-252-2400
Residential Permits
These electronic documents have been reviewed for Code Compliance by the Building Plan Review & Inspection
Division of the Collier County Growth Management Department. The documents are available for download from
the GMD Public Portal. These specific documents, listed as “Approved Plans (PR)” on the Portal, must be
available for Inspectors to review on the job site in either electronic or paper form as the approved version in
accordance with the Florida Building Code Section 107.3.1. Other supporting documents may be required on site
as needed to meet code requirements.
Permit Number: PRMAR2024030951701
Job Site Address: 400 Oak AVE, Naples
Permit Description: Install 94' Seawall
400 Oak AVE, Naples
Permit Issuance Date: 03/29/2024
Document List:
Portal File Type Portal File Name
1.Approved Plans (PR)Site Planning Document (400 OAK AVE-SP-UPDATE-FINAL22JUN23-ESS -
Prepared.pdf)
2.Approved Plans (PR)Construction Plans (400 Oak Ave RAI ENG Plans - Prepared.pdf)
3.Approved Plans (PR)Construction Plans (TURBIDITY - Prepared.pdf)
Page 350 of 419
Page 351 of 419
Page 352 of 419
Page 353 of 419
Page 354 of 419
Page 355 of 419
1
John Kelly
From:John Kelly
Sent:Tuesday, February 10, 2026 5:48 PM
To:John Kelly
Subject:BD-PL20240010109 - 400 Oak Ave - HEX 2/26/2026, Public Hearing Sign Posting
Attachments:Photo 1.jpg; Photo 2.jpg
I, John Kelly, personally posted the required Public Hearing Notice sign to the front of the subject location, immediately
adjacent to the public right-of-way, at approximately 4:35 P.M. this date, as depicted within the two attached photos.
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 356 of 419
Page 357 of 419
skct1T Covio,
k Pi
Ao Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
p Collier County, Florida
re 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
Phone: (239) 252-2646
o 0
ck IQ.
Publication Confirmation
COLLIER COUNTY STATE OF FLORIDA
The attached copy of advertisement,
2/26/26 HEX-400 Oak Ave(BD) (PL20240010109)was
published on the publicly accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 02/06/2026.
THIS IS NOT AN AFFIDAVIT OF PUBLICATION.
Page 358 of 419
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., February 26, 2026, in the Hearing Examiner's meeting room, at 2800 North Horseshoe
Drive,Room 609/610,Naples,FL 34104,to consider:
PETITION NO. BD-PL20240010109 — REQUEST FOR A 16-FOOT BOAT DOCK
EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET FOR
WATERWAYS GREATER THAN 100 FEET IN WIDTH,TO ALLOW CONSTRUCTION
OF A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 36 FEET INTO A
WATERWAY THAT IS 154± FEET WIDE, PURSUANT TO LDC SECTION 5.03.06.H.
THE SUBJECT PROPERTY IS LOCATED AT 400 OAK AVENUE, FURTHER
DESCRIBED AS LOT 7,BLOCK I,CONNER'S VANDERBILT BEACH ESTATES UNIT
NO. 2,IN SECTION 32,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,
FLORIDA.
Pine AVE
96th AVE N
It
0
95thAVE N
i.
Oak AVE CD
c
j 94th AVE N
Project Palm
Location
CT
93rd AVE N
0 92nd AVE N
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.
Page 359 of 419
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 Divisions 2800 North
Horseshoe Drive,Naples,FL 34104.
As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such
final action.Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she
proceeds with construction at his/her own risk during this 30-day period.Any construction work completed
ahead of the approval authorization shall be at their own risk.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.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.Bellowsna 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 360 of 419
2/26/2026
Item # 3.E
ID# 2026-399
PETITION NO. BD PL20250005726 -1843 Gordon River Lane - Request for a 19-foot boat dock extension from the
maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code
(LDC) for waterways 100 feet or greater in width, to allow a boat docking facility protruding a total of 39 feet into a
waterway that is 114-120 feet wide, pursuant to LDC Section 5.03.06.H. The subject property is located at 1843 Gordon
River Lane and is further described as Lot 7, Nature Pointe, in Section 35, Township 49 South, Range 25 East, Collier
County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 4
ATTACHMENTS:
1. Staff Report 02112026
2. Attachment A - Proposed Site and Dock Plans
3. Attachment B - Map of Specific Purpose Survey
4. Attachment C - PLAT - Nature Pointe-PB20_PG20-21
5. Attachment D - Applicant's Backup - Application and Supporting Documents
6. Attachment E - Public Hearing Sign Posting
7. Attachment F - Publication Confirmation HEX 02_26_2026 - Gordon River Ln PL20250005726
Page 361 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 1 of 9
February 11, 2026
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
HEARING DATE: FEBRUARY 26, 2026
SUBJECT: BD-PL20250005726, 1843 GORDON RIVER LANE – MYERS DOCK
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Tim and Maria Myers Jeff Rogers
1843 Gordon River Ln. Turrell, Hall & Associates, Inc.
Naples, FL 34104 3584 Exchange Ave.
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests that the Hearing Examiner approve a 19-foot boat dock extension from
the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E.1 of the Collier
County Land Development Code (LDC) for waterways 100 feet or greater in width, to allow a
new boat docking facility protruding a total of 39 feet into a waterway that is 114 - 120 feet
wide, pursuant to LDC Section 5.03.06.H.
GEOGRAPHIC LOCATION:
The subject property is located at 1843 Gordon River Lane, further described as Lot 7, Nature
Pointe, according to the plat thereof, as recorded in Plat Book 20, Pages 20 through 23, inclusive,
Public Records of Collier County, Florida, in Section 35, Township 49 South, Range 25 East.
Collier County, Florida. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a residential component of the River Reach Planned Unit
Development (PUD), Ordinance 85-71, as amended. The PUD document only references private
docks as being an allowable accessory use in conjunction with a single-family residence;
therefore, setbacks default to the LDC, Ordinance 04-41, as amended. Said property is improved
with a single-family dwelling that has been homesteaded, comprised 0.38 acres, and has 139 feet
of waterfrontage. The subject property is located at the northern end of the Gordon River and the
(Continued on Page 4)
Page 362 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 2 of 9
February 11, 2026
SURROUNDING LAND USE & ZONING:
North: Single-family dwelling within Tract M-1 of the River Reach PUD
East: Gordon River Lane (Right-of-Way) then Tract P (Park)/Preserve area located
within the River Reach PUD
South: Single-family dwelling within Tract M-1 of the River Reach PUD
West: Golden Gate Canal, located within an Agricultural (A) Zoning District, followed
by the Gordon River Greenway that is located within a Public (P) Zoning District.
Page 363 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 3 of 9
February 11, 2026
Aerial – Collier County GIS
Page 364 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 4 of 9
February 11, 2026
Aerial – Collier County GIS
Purpose/Description of Project (Continued, from page 1)
The opposite shoreline is located within a Conservation Easement. This portion of the Gordon
River is located within a Drainage Easement that allows for docks that are not to exceed 25
percent of the width of the waterway. The subject waterway measures 114 to 120 feet, MHWL to
MHWL. It has been determined that the property line is landward of the MHWL, which is
therefore the most restrictive point for the measurement of protrusion; however, as proposed, the
dock will protrude 30 feet from the MHWL or 25 percent of the waterway. As the waterfront
width of the property is 139 feet, side/riparian setbacks are 15 feet, which will be maintained.
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located along the northern end of the Gordon River. The proposed
Boat Dock Extension will replace an existing docking facility and will be constructed waterward
of the existing riprap shoreline. A submerged resources survey provided by the applicant found
mangrove fringe on the opposite shoreline, which is naturally vegetated. No seagrasses were
Page 365 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 5 of 9
February 11, 2026
observed growing within 200 feet of the proposed project (Submerged Resource Survey Page 8
of 8). There are no mangroves nor seagrasses present within the proposed dock footprint. No
other submerged resources were found in the submerged resources survey.
This project does not require an Environmental Advisory Council Board (EAC) review, because
this project did not meet the EAC scope of land development project reviews as identified in
Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and
Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more
than two slips; typical multi-family use should be one slip per dwelling unit; in the
case of unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. The subject property is located within the residential development area of
a Planned Unit Development (PUD). Section 2.03.B.1 specifically calls out private boat
docks as a permitted accessory use to single family dwellings; however, no development
criteria are provided, therefore, we default to the LDC. LDC Section 5.03.06.H.1.a states
that the typical number of slips for single-family use should be no more than two. The
proposed docking facility consists of installing one boatlift to accommodate a 30-foot
LOA vessel and a second platform boatlift for 2 Personal Watercraft (PWCs).
2. Whether the water depth at the proposed site is so shallow that a vessel of the
general length, type and draft as that described in the petitioner’s application is
unable to launch or moor at mean low tide (MLT). (The petitioner’s application
and survey should establish that the water depth is too shallow to allow launching
and mooring of the vessel(s) described without an extension.)
Criterion met. The applicant’s agent states: “The proposed docking facility is necessary
due to the existing on-site water depth conditions, which are unavoidable and will still
require additional maintenance dredging to ensure safe access to the proposed docking
facility. This particular property and associated riparian area have been directly affected
by natural shoaling within the subject waterway, creating a large shallow area within the
applicant’s riparian rights. Due to this, the proposed dock location is being proposed to
minimize the maintenance dredging activities required. The dock’s overall protrusion has
Page 366 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 6 of 9
February 11, 2026
been maximized to extend out to the 25 percent width of waterway line on the southern
portion of the shoreline due to these existing on-site conditions.” Zoning staff concurs.
3. Whether the proposed dock facility may have an adverse impact on navigation
within an adjacent marked or charted navigable channel. (The facility should not
intrude into any marked or charted navigable channel thus impeding vessel traffic
in the channel.)
Criterion met. The applicant’s agent states: “The proposed docking facility design is
consistent with other docks along the subject and adjacent waterway, but would protrude
out slightly further than most. This additional protrusion is being proposed due to the
existing on-site conditions as outlined within Primary Criteria 2. As proposed, the dock
and boatlifts will not create new impacts on navigation within the subject waterway, nor
will it alter the existing ingress/egress to both adjacent neighboring docks. The subject
waterway is unmarked; therefore, the entire waterway provides safe navigation between
the docking facilities, existing natural shoals, and the adjacent natural shoreline. It is our
opinion, as proposed, that there are no new impacts to existing navigation, as there are
other more restrictive points all passing vessels must navigate along the subject waterway
south.” Zoning staff concurs.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion not met. The applicant’s agent states: “The approximate waterway width is
114-120 feet wide from MHWL to MHWL. The 120-foot dimension is on the southern
portion of the subject property shoreline with the 114-foot dimension being on the
northern portion of the shoreline where the natural shoaling is largest. As proposed, the
dock protrusion is 39 feet from the most restrictive point being the property line, and 30
feet from the MHWL, which is located on the southern portion of the shoreline. The dock
has been placed on the southern side due to the existing natural shoaling as well as the
width of waterway is greater here, allowing the dock to still be within the allowed 25%
width of the waterway as measured from the actual waterway, not the property line.”
Zoning staff concurs.
5. Whether the proposed location and design of the dock facility is such that the
facility would not interfere with the use of neighboring docks. (The facility should
not interfere with the use of legally permitted neighboring docks.)
Criterion met. The applicant’s agent states: “The proposed docking facility design is
consistent with the existing docking facility and other neighboring docks on this
waterway. As proposed, the dock will be within the allowed buildable area by providing
the required setbacks, and therefore, as proposed, there will not be any new impacts nor
interference to either adjacent docking facility.” Zoning staff concurs.
Secondary Criteria:
Page 367 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 7 of 9
February 11, 2026
1. Whether there are special conditions not involving water depth, related to the
subject property or waterway, which justify the proposed dimensions and location
of the proposed dock facility. (There must be at least one special condition related
to the property; these may include type of shoreline reinforcement, shoreline
configuration, mangrove growth, or seagrass beds.)
Criterion met. The applicant’s agent states: “The subject property shoreline consists of a
steep rip-rap shoreline with a large natural caprock that extends out below/past the
MHWL, which then requires the dock to extend out past. Additionally, based on the
waterway width, maintaining the parallel dock/slip layout is the best option to remain
within the allowed 25% width of waterway and be consistent with the other docks along
the subject development shoreline.” Zoning staff concurs.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance, without the use of excessive deck
area not directly related to these functions. (The facility should not use excessive
deck area.)
Criterion met. The applicant’s agent states: “The proposed docking facility has been
designed to provide sufficient deck area for routine maintenance, safe access as well as
recreational activities, plus storage area. The deck area on the landward side of the dock
could be considered excessive; however it already exists and is necessary to still provide
sufficient area for safe access and other activities. As proposed the overall over-water
square footage is 767 square feet.” Staff concurs.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject
property’s linear waterfront footage. (The applicable maximum percentage should
be maintained.)
Criterion met. The subject property has 139 feet of water/canal frontage, and the
proposed dock facility has been designed to moor a single 30-foot vessel and two PWCs
to be moored side-by-side. Staff typically only counts one PWC when stored side by side,
therefore watercraft will occupy 55 feet (30’ + 25’) or 39.57 percent of said
waterfrontage.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The applicant’s agent states: “The existing on-site conditions consist of a
dock with a boatlift, which are all proposed to be replaced upon approval. Additionally,
as proposed the dock has been designed to be constructed within the designated side yard
setbacks and is consistent with the other existing boat docks along the subject waterway.
Based off this and the fact that this is a boating community, it’s our opinion that there are
no new impacts to either adjacent property owners’ current view.” Zoning staff concurs.
Page 368 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 8 of 9
February 11, 2026
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06(I) of the LDC must be
demonstrated.)
Criterion met. There are no seagrass beds present on the property nor the neighboring
properties within 200-feet of the existing dock structure.
6. Whether the proposed dock facility is subject to the manatee protection
requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance
with section 5.03.06(E)(11) must be demonstrated.)
Criterion is not applicable. Criterion not applicable. The provisions of the Collier
County Manatee Protection Plan do not apply to single-family dock facilities except for
those within the seawalled basin of Port of the Islands; the subject property is not located
within Port of the Islands.
Staff analysis finds this request complies with four of the five primary criteria. With respect to
the six secondary criteria, one of the criteria is found to be not applicable, and the request meets
the remaining five.
CONCURRENT LAND USE APPLICATIONS:
None.
APPEAL OF BOAT DOCK EXTENSION:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved party 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
BDE-PL20250005726, to allow for the replacement of the existing dock facility with one that
will protrude up to 39 feet into the waterway and is consistent with the Proposed Site and Dock
Plans contained within Attachment A.
Page 369 of 419
BD-PL20250005726 – 1843 Gordon River Ln Page 9 of 9
February 11, 2026
Attachments:
A) Proposed Site and Dock Plans
B) Map of Specific Purpose Survey
C) Plat – Nature Pointe – PB20_PG20-21
D) Applicant’s Backup – Application and Supporting Documents
E) Public Hearing Sign Posting
F)
Page 370 of 419
STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.165247<> LONGITUDE:W -81.782646SITE ADDRESS:<> 1843 GORDON RIVER LN NAPLES, FL 34104Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg LOCATION MAP 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030RMJ35251843 GORDON RIVER LNLOCATION MAP49RMJ---08-13-2502-10-26---JRJR---SHEETS 3-7SHEETS 3-4,10---01 OF 10NESWCOLLIER COUNTYCOLLIER COUNTYGULF OF AMERICA8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896KEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTYPage 371 of 419
NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg 1952 HISTORIC AERIAL 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030-35251843 GORDON RIVER LN1952 HISTORIC AERIAL49-------------------02 OF 10SUBJECTPROPERTYPage 372 of 419
-5.1-0.70.30.60.30.3-3.0-1.0-2.0-1.0-2.0-0.3-0.3-0.5-3.3-1.0-1.0-1.0-3.7-1.7-0.4-1.3-1.70.1-0.20.2-0.2-0.20.20.50.30.30.30.50.60.70.90.30.30.70.90.90.70.30.3NESW0102040SCALE IN FEETSITE ADDRESS:,1843 GORDON RIVER LNNAPLESFL34104·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"COURT GREGORY"04-26-24-1.70'+0.38'139'858114' - 120'RIPARIANLINE25% WIDTH OFWATERWAY LINERIPARIANLINEBRICK /RETAININGWALLMHWL = +0.38'NAVD88MLWL = -1.7'NAVD88EXISTINGRIPRAPEXISTINGDOCK TOREMAINTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg EXISTING CONDITIONS 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030RMJ35251843 GORDON RIVER LNEXISTING CONDITIONS49RMJ---08-13-2502-10-26---JRJR---REVISED LABELSREVISED TABLE---03 OF 10EXISTINGSTAIRS TOREMAIN30'
19'Page 373 of 419
NESW0102040SCALE IN FEETSITE ADDRESS:,1843 GORDON RIVER LNNAPLESFL34104RIPARIANLINE25% WIDTH OFWATERWAY LINERIPARIANLINEBRICK /RETAININGWALLMHWL = +0.38'NAVD88MLWL = -1.7'NAVD88EXISTINGRIPRAPRIPARIANSETBACKLINERIPARIANSETBACKLINE15'15'109'29'
39'30'18'30'12
'12'12'EXISTING STAIRSNEW FIXEDDOCKNEW BOATLIFTNEW BOATLIFT WITHNEW STAIRSDOWN TO 30"ABOVE MHWL(ELEV = 2.8'NAVD88)28'8'8'34'21'4'
2'Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg PROPOSED DOCKS -DIMENSIONS 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ07-16-2524030RMJ35251843 GORDON RIVER LNPROPOSED DOCKS -DIMENSIONS49RMJ---08-13-2502-10-26---JRJR---REVISED DOCKREVISED TABLE---04 OF 1067'30'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:"COURT GREGORY"04-26-24-1.70'+0.38'139'776114' - 120'76776739'Page 374 of 419
0.30.60.30.3-3.0-1.0-2.0-1.0-2.0-0.3-0.3-0.5-3.3-1.0-1.0-1.0-3.7-1.7-0.4-1.3-1.70.1-0.20.2-0.2-0.20.20.50.30.30.30.50.60.70.90.30.30.70.90.90.70.30.3NESW0102040SCALE IN FEETSITE ADDRESS:,1843 GORDON RIVER LNNAPLESFL34104RIPARIANLINERIPARIANLINEMHWL = +0.38'NAVD88MLWL = -1.7'NAVD88EXISTINGRIPRAPEXISTINGDOCKRIPARIANSETBACKLINERIPARIANSETBACKLINENEW FIXEDDOCKNEW FIXEDDOCKAA06Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg PROPOSED DOCKS - DEPTHS 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030RMJ35251843 GORDON RIVER LNPROPOSED DOCKS - DEPTHS49RMJ---08-13-2502-10-26---JRJR---REVISED DOCKREVISED TABLE---05 OF 10BB07BRICK /RETAININGWALL·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM PROPERTY LINE:"COURT GREGORY"04-26-24-1.70'+0.38'139'776114' - 120'76776739'Page 375 of 419
12'4'18'20'02510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg CROSS SECTION AA 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030RMJ35251843 GORDON RIVER LNCROSS SECTION AA49----08-13-25----JR----ADDED VESSEL----06 OF 10EXISTING DECKBOTTOM STAIRTO BE BURIEDEXISTINGRIPRAPEXISTINGUPLANDPATIONEW DECKEDOVER BOAT LIFTPROPOSEDDOCKMHW = +0.38' NAVD 88MLW = -1.70' NAVD 88PROPOSEDDOCKSTEMWALLALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATEPROPERTYLINE39'30' TO MHWLPage 376 of 419
03510SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg CROSS SECTION BB 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030RMJ35251843 GORDON RIVER LNCROSS SECTION BB49----08-13-25----JR----ADDED VESSEL----07 OF 10EXISTINGRIPRAPEXISTINGUPLANDPATIOMHW = +0.38' NAVD 88MLW = -1.70' NAVD 88PROPOSEDDOCKEXISTINGSTAIRSPROPOSEDDOCK12' BOATLIFTALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESTEMWALL30' FROM MHWLPage 377 of 419
NESW075150300SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg ADJACENT DOCK 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030-35251843 GORDON RIVER LNADJACENT DOCK49-------------------08 OF 10PROPERTY BOUNDARYPROPOSEDFIXED DOCKNOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.PARCELS PROVIDED BY COLLIERCOUNTY PROPERTY APPRAISER27'18'26'26'25'22'25'18'30'39'30'27'25'21'Page 378 of 419
-5.1-0.70.10.30.60.30.3-3.0-1.0-2.0-1.0-2.0-0.3-0.3-0.5-3.3-1.0-1.0-1.0-3.7-1.7-0.4-1.3-1.70.1-0.20.2-0.2-0.20.20.50.30.30.30.50.60.70.90.30.30.70.90.90.70.30.3NESW0204080SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg SUBMERGED RESOURCE SURVEY 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030-35251843 GORDON RIVER LNSUBMERGED RESOURCE SURVEY49-------------------09 OF 10PROPERTY BOUNDARY100'10'TYPICAL DIVE TRANSECTTRANSECT200'
G
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N 120'PROPOSED DOCKS AND LIFTSNO SEAGRASSES WEREOBSERVED GROWING WITHIN 200FT OF THE PROPOSED PROJECTPage 379 of 419
-5.1-0.70.1NESW0153060SCALE IN FEETPROPERTYBOUNDARYRIPARIANLINE25% WIDTH OFWATERWAY LINERIPARIANLINEEASEMENTBRICKMHWL = +0.38'NAVD88MLWL = -1.7'NAVD88EXISTINGRIPRAPEXISTINGDOCK114'
120'Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\24030.00 ignashkin - 1843 and 1817 gordon river ln\CAD\PERMIT-COUNTY\24030-BDE-1843.dwg WIDTH OF WATERWAY 2/10/2026THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ03-27-2524030-35251843 GORDON RIVER LNWIDTH OF WATERWAY49RMJ----02-10-26----JR----REVISED DIMENSIONS---10 OF 1039'22'
9'MHWL = +0.38'NAVD88NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.11'
9'Page 380 of 419
05/05/2024Digitally signed by Court Gregory DN: cn=Court Gregory, o=Court Gregory Surveying Inc, ou, email=cgs6004@comcast.net, c=US Date: 2024.05.06 12:18:18 -04'00'Page 381 of 419
05/05/2024Digitally signed by Court Gregory DN: cn=Court Gregory, o=Court Gregory Surveying Inc, ou, email=cgs6004@comcast.net, c=US Date: 2024.05.06 12:18:52 -04'00'Page 382 of 419
Page 383 of 419
Page 384 of 419
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.
_ X__ 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.)
_ ___ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
Include 3 thumbnail drives of video and/or audio Agent Letter Pkg.
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
_ X__ Deviation Justifications
BD-PL20250005726 - 1843 Gordon River Ln
Page 385 of 419
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
_ X__ Boundary Survey
_ X__ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc.
_ X_ Submerged Resource Surveys may be included here if required.
_ X __ flash drive with only one pdf file for all documents OR e-mailed .pdf file
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.
__2/11/2026__________________
Date
________________________________________
Signature of Agent Representative
______Jeff Rogers______________________
Printed Name of Signing Agent Representative
Page 386 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 1 of 7
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
THIS PETITION IS FOR (check one or both, if applicable): BOATHOUSE DOCK EXTENSION
Name of Property Owner(s):
Name of Applicant if different than owner:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Name of Agent:
Firm:
Address: City: State: ZIP:
Telephone: Cell:
E-Mail Address:
Section/Township/Range: / / Property ID Number:
Subdivision:
Unit: Block: Lot:
Address/ General Location of Subject Property:
Current Zoning and Land Use of Subject Property:
APPLICANT INFORMATION
PROPERTY LOCATION
BOATHOUSE ESTABLISHMENT PETITION OR BOAT DOCK FACILITY EXTENSION
Land Development Code Section 5.03.06
Chapter 3 B.1 or B.2 of the Administrative Code
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY
AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Page 387 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 2 of 7
Zoning Land Use
N
S
E
W
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other
pertinent information):
1. Water Width: ft. Measurement from: plat survey visual estimate
other(specify):
2. Total Property Water Frontage:
ft.
3. Setbacks: Provided: ft.
Required: ft.
4. Total Protrusion of Proposed Facility into Water:
ft.
5. Number and Lengths of Vessels to Use Facility:
1. ft. 2. ft. 3. ft. 4. ft.
6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d.
ft.
7. List any additional dock facilities in close proximity to the subject property and indicate the total
protrusion into the waterway of each:
ADJACENT ZONING AND LAND USE
DESCRIPTION OF PROJECT
SITE INFORMATION
Page 388 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 3 of 7
1. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant
shall be responsible for erecting the required sign. What is the size of the petitioned property?
Acres
2. 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 a copy.)
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining
its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following
criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for
the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary
criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a
narrative response to the listed criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the
waterfront length, location, upland land use, and zoning of the subject property; consideration should be
made of property on unbridged barrier islands, where vessels are the primary means of transportation to
and from the property.
(The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-
family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips
may be appropriate.)
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type,
and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT).
(The petitioner’s application and survey should show that the water depth is too shallow to allow launch
and mooring of the vessel(s) described without an extension.)
3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent
marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable
channel thus impeding vessel traffic in the channel.)
4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway,
and whether or not a minimum of 50% of the waterway width between dock facilities on either side of
the waterway is maintained for navigability. (The facility should maintain the required percentages.)
5. Whether or not the proposed location and design of the dock facility is such that the facility would not
interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted
neighboring docks.)
DOCK EXTENSION PRIMARY CRITERIA
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Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 4 of 7
1. Whether or not there are special conditions, not involving water depth, related to the subject property or
waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be
at least one special condition related to the property; these may include type of shoreline reinforcement,
shoreline configuration, mangrove growth, or seagrass beds.)
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading
and routine maintenance, without the use of excessive deck area not directly related to these functions. (The
facility should not use excessive deck area.)
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by
the petitioner exceeds 50 percent of the subject property’s linear waterfront footage.(The applicable maximum
percentage should be maintained.)
4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring
waterfront property owners. (The facility should not have a major impact on the view of either property owner.)
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are
present, compliance with LDC subsection 5.03.06 J must be demonstrated.)
6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection
5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.)
The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in determining
its recommendation to the decision maker. The decision maker will utilize the following criteria as a guide in the
decision to approve or deny a particular Boathouse request. In order for the request to be approved, all of the
criteria must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions.
1. Minimum side setback requirement: Fifteen feet.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone
may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks.
3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the
peak or highest elevation of the roof.
4. Maximum number of boathouses and covered structures per site: One.
5. All boathouses and covered structures shall be completely open on all 4 sides.
6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a palm
frond “chickee” style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously
with, the construction of any boathouse or covered dock structure.
7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent
neighbors to the greatest extent practical.
BOATHOUSE CRITERIA
DOCK EXTENSION SECONDARY CRITERIA
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Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 5 of 7
Complete the following for all registered Homeowner / Civic Association(s) that could be affected by this
petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary.
Information can be found on the Civic Associations and Communities page on the Board of County
Commissioner’s website. Applicant is responsible for and shall confirm the current mailing addresses for each
association as registered by the Florida Department of State, Division of Corporations.
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
Name of Homeowner/Civic Association:
Mailing Address: City: State: ZIP:
ASSOCIATIONS
Page 391 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 6 of 7
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 or processed.
REQUIREMENTS FOR REVIEW REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Property Ownership Disclosure Form
Affidavit of Authorization, signed and notarized
Completed Addressing Checklist
Site plan illustration with the following:
•Lot dimensions;
•Required setbacks for the dock facility;
•Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
•Configuration, location, and dimensions of existing and proposed facility;
•Water depth where proposed dock facility is to be located;
•Distance of navigable channel;
•Illustration of the contour of the property; and
•Illustration of dock facility from both an aerial and side view.
•Roof Structure on Dock
Signed and sealed survey
Chart of site waterway
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:
Dock Extension
Boathouse
Chapter 3 B. of the Administrative Code
x xx
Page 392 of 419
Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 7 of 7
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
Bayshore/Gateway Triangle Redevelopment:
Executive Director
Historical Review:
Addressing: Parks and Recreation:
City of Naples Planning Director: School District (Residential Components):
Conservancy of SWFL: Other:
Emergency Management: Other:
FEE REQUIREMENTS:
Boat Dock Extension / Boathouse Petition fee: $1,500.00
Pre-Application Meeting fee $500.00
Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00
If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing
Examiner hearing date. (Variable)
All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced
after the petition is heard by the Board of County Commissioners.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this
submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this
petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee.
Signature of Petitioner or Agent Date
Printed Name
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMCD Public Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
Page 393 of 419
Narrative Description: The proposed Boat Dock Extension request is to remove a portion of the
existing dock and boatlift to then construct a new single-family docking facility with two
boatlifts located at 1843 Gordon River Lane in Collier County. The subject property is situated
along the northern end of the Gordon River with numerous other existing single-family docks
in the surrounding neighborhoods. Additionally, this section of the Gordon River is developed
on the east side by Nature Pointe Community which has the river under a Conservation
Easement (CE) that extends westward across the entire waterway. The CE is considered a
drainage easement that does allow for docks to be installed along the entire development
shoreline with the proper entity’s approval. The property to the west just landward of the CE
area on the opposite shoreline is part of the Collier County Greenway parcels therefore will
never be developed with docks.
Based on the property’s existing conditions the most restrictive point is the plated property line
which is just landward of the MHWL. Due to those site conditions the proposed docking
facility’s overall protrusion will be taken from that point as required by the LDC. As proposed
the docking facility will extend to 39 feet from the most restrictive point and 30- feet from the
MHWL, therefore the subject application is requesting a 19-foot extension from the allowed 20-
feet.
The subject waterway is approximately 114-120-feet wide from the MHWL to MHWL as
indicated on the attached survey. The 120-foot dimension is located on the southern portion of
the property shoreline and the 114-foot dimension which is more restrictive is located on the
northern portion of the shoreline. As proposed the dock is positioned on the southern portion of
the shoreline due to the shallow water depths and width of waterway limitations on the
northern portion of the shoreline. Based on the width of waterway the dock as proposed will be
within the allowed 25% being 30-feet from MHWL to MHWL. Based on the existing waterway
restrictions, ranging from natural vegetation and shoaling areas, the proposed dock will not, in
our opinion, further restrict navigation. Additionally, there are a few more restrictive areas
regarding the width of waterway and any vessel ingress/egress south to Naples Bay and north
must currently navigate.
The dock will accommodate one vessel approximately 30-feet in overall length which will be
moored on the proposed boatlift and 2 PWC’s on the platform lift. The proposed dock location
is driven by the existing water depths, the existing dock overall protrusion, width of waterway
and side yard setback requirements. As proposed the dock has been fully minimized and still
provides safe access to the vessels as well as extending out to sufficient water depths to
minimize dredging activities.
Finally, the proposed dock will provide the required 15-foot setbacks from each riparian line as
required for properties with 60-feet or greater of shoreline length. There are no impacts to any
submerged resources and no new impacts to adjacent properties as there is an existing dock in
place now with a boatlift. The community is a boating community that allows docks for
recreational activities, so docks are part of the development, and the associated HOA has
reviewed and approved the dock design. The deck area has been extended due to the new
design which pushes the dock further out but is minimized to still provide sufficient surface
area for recreational activities, routine maintenance, and associated storage.
Page 394 of 419
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 395 of 419
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 396 of 419
Page 397 of 419
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 398 of 419
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 399 of 419
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
Page 400 of 419
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing
Examiner will utilize the following criteria as a guide in the decision to approve or deny a
particular Dock Extension request. In order for the Hearing Examiner to approve the
request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the
6 secondary criteria, must be met. On separate sheets, please provide a narrative response
to the listed criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use, and zoning of the subject
property; consideration should be made of property on unbridged barrier islands, where
vessels are the primary means of transportation to and from the property. (The number
should be appropriate; typical, single-family use should be no more than two slips;
typical multi-family use should be one slip per dwelling unit; in the case of unbridged
barrier island docks, additional slips may be appropriate.)
The subject property is zoned for a single-family residential unit which warrants no
more than 2 boat slips per the CC-LDC. The proposed docking facility consists of
installing one boatlift to accommodate a 30-foot LOA vessel and a second platform
boat lift for 2 PWC’s. As designed the dock and boatlifts meet all the other design
criteria within, approved by the local HOA, and therefore is appropriate based off
the upland use/zoning.
Criterion Met
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the
general length, type, and draft as that described in the petitioner’s application is unable to
launch or moor at mean low tide (MLT). (The petitioner’s application and survey should
show that the water depth is too shallow to allow launch and mooring of the vessel (s)
described without an extension.)
The proposed docking facility is necessary due to the existing on-site water depth
conditions which are unavoidable and will still require additional maintenance
dredging to ensure safe access to the proposed docking facility. This particular
property and associated riparian area have been directly affected by natural
shoaling within the subject waterway creating a large shallow area within the
applicant’s riparian rights. Due to this the proposed dock location is being proposed
to minimize the maintenance dredging activities required. The dock’s overall
protrusion has been maximized to extend out to the 25% width of waterway line on
the southern portion of the shoreline due to these existing on-site conditions.
Criterion Met
Page 401 of 419
3. Whether or not the proposed dock facility may have an adverse impact on navigation
within an adjacent marked or charted navigable channel. (The facility should not intrude
into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
The proposed docking facility design is consistent with other docks along the subject
and adjacent waterway but would protrude out slightly further than most. This
additional protrusion is being proposed due to the existing on-site conditions as
outlined within Primary Criteria 2. As proposed, the dock and boatlifts will not
create new impacts on navigation within the subject waterway, nor will it alter the
existing ingress/egress to both adjacent neighboring docks. The subject waterway is
unmarked therefore the entire waterway provides safe navigation between the
docking facilities, existing natural shoals, and the adjacent natural shoreline. It is
our opinion as proposed that there are no new impacts to existing navigation as
there are other more restrictive points all passing vessel must navigate along the
subject waterway south.
Criterion Met
4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether or not a minimum of 50 percent of the waterway width
between dock facilities on either side of the waterway is maintained for navigability. (The
facility should maintain the required percentages.)
The approximate waterway width is 114-120-feet wide from MHWL to MHWL. The
120-foot dimension is on the southern portion of the subject property shoreline with
the 144-foot dimension being on the northern portion of the shoreline where the
natural shoaling is the largest. As proposed, the dock protrusion is 39 feet from the
most restrictive point being the property line and 30 feet from the MHWL which is
located on the southern portion of the shoreline. The dock has been placed on the
southern side due to the existing natural shoaling as well as the width of waterway is
greater here allowing the dock to still be within the allowed 25% width of the
waterway as measured from the actual waterway not property line.
Criterion Met
5. Whether or not the proposed location and design of the dock facility is such that the
facility would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
The proposed docking facility design is consistent with the existing docking facility
and other neighboring docks on this waterway. As proposed, the dock will be within
the allowed buildable area by providing the required setbacks and therefore as
proposed there will not be any new impacts nor interference to either adjacent
docking facility.
Criterion Met
Page 402 of 419
SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the
subject property or waterway, which justify the proposed dimensions and location of the
proposed dock facility. (There must be at least one special condition related to the
property; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
The subject property shoreline consists of a steep rip-rap shoreline with a large
natural caprock that extends out below/past the MHWL which then requires the
dock to extend out past. Additionally, based on the waterway width maintaining the
parallel dock/slip layout is the best option to remain within the allowed 25% width
of waterway and be consistent with the other docks along the subject development
shoreline.
Criterion Met
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The proposed docking facility has been designed to provide sufficient deck area for
routine maintenance, safe access as well as recreational activities plus storage area.
The deck area on the landward side of the dock could be considered excessive,
however it is already existing and is necessary to still provide sufficient area for safe
access and other activities.
As proposed the overall over-water square footage is 767 sq. feet.
Criterion Met
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in
combination, described by the petitioner exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be maintained.)
The existing docking facility has been designed to moor two vessels, one being a 30-
foot in length overall and 2 PWC’s. Based off this and with the property’s shoreline
length being approximately 139-feet the required 50% of the shoreline will not
remain open.
Criterion is not met.
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on
the view of either property owner.)
Page 403 of 419
The existing on-site conditions consist of a dock with a boatlift which are all
proposed to be replaced upon approval. Additionally, as proposed the dock has been
designed to be constructed within the designated side yard setbacks and is consistent
with the other existing boat docks along the subject waterway. Based off this and the
fact this is a boating community it’s our opinion that there are no new impacts to
either adjacent property owners’ current view.
Criterion Met
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If
seagrass beds are present, compliance with LDC subsection 5.03.06 I must be
demonstrated.)
Based off our observations there are not any seagrass beds present on the property
nor the neighboring properties and extending out 200’ of the proposed dock
structure.
Criterion Met
6. Whether or not the proposed dock facility is subject to the manatee protection
requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection
5.03.06.E.11 must be demonstrated.)
The proposed work is a single-family dock facility and therefore not subject to
Manatee Protection Requirements.
N/A
Page 404 of 419
Page 405 of 419
Page 406 of 419
1843 GORDON RIVER LN.
NAPLES, FL 34104
SUBMERGED RESOURCE SURVEY REPORT
JUNE 2025
PREPARED BY:
Page 407 of 419
Table of Contents
1 Introduction ....................................................................................................................................... 1
2 Objective ............................................................................................................................................. 2
3 Methodology ...................................................................................................................................... 3
4 Results ................................................................................................................................................. 4
5 Conclusion .......................................................................................................................................... 4
6 Photos .................................................................................................................................................. 5
Page 408 of 419
1843 Gordon River Ln.
Submerged Resource Survey
June 2025
1
1 INTRODUCTION
Turrell, Hall & Associates, Inc. (THA) has conducted a Submerged Resource Survey at a property
1843 Gordon River Ln., Florida 34104 (Folio #63770000940) within Section 35, Township 49 South,
Range 25 East, in Collier County.
The property totals approximately .38 acre in size that can be found on a man-made section off
the north end of the Gordon River. The project area consists of a single-family residence with an
existing riprap shoreline consistent along the entire subject property development. Additionally,
this section of the Gordon River is developed on the east side by Nature Pointe Community which
has the river under a Conservation Easement (CE) that extends westward across the entire
waterway. The CE is considered a drainage easement that does allow for docks to be installed
along the entire development shoreline with the proper entity’s approval. The property to the
west just landward of the CE area on the opposite shoreline is part of the Collier County
Greenway parcels therefore will never be developed with docks.
The SRS was conducted on June 16th, 2025, between approximately 10:45 a.m. and 11:30 a.m. Site
conditions consisted of mostly sunny skies and a slight breeze. Water clarity was fair and allowed
approximately 7- 11 inches of visibility. The ambient air temperature was approximately 82
degrees Fahrenheit and wind speeds averaged 5-10 miles per hour from the northeast. High tide
occurred after the site inspection at approximately 3:45 p.m., reaching 2.7 feet above the mean
low water mark. A low tide occurred during the site inspection at approximately 10:36 a.m. and
reached approximately 1.6 feet above the mean low water mark.
Page 409 of 419
1843 Gordon River Ln.
Submerged Resource Survey
June 2025
2
2 OBJECTIVE
The objective of the SRS is to identify and locate any existing submerged resources within the
footprint of the proposed dock. Ordinarily, if seagrasses or other marine resources were present
within the vicinity of a project area, an analysis will be required regarding species, percent
coverage, and impacts projected by the proposed project. The presence of seagrasses may be
ample cause for re-configuration of the design for projects over surface waters to avoid or
minimize impacts. The general scope of work performed during a typical submerged resource
survey is summarized below:
• A series of underwater transects is traversed within and adjacent to the project site in
order to investigate for the presence of any submerged resources.
• Submerged resources within the survey area will be identified, located as accurately as
possible, and an estimate of the percent coverage of any resources found will be made.
• The approximate limits of any submerged resources observed will be delineated via a
handheld GPS device from the surface over the submerged resources.
Page 410 of 419
1843 Gordon River Ln.
Submerged Resource Survey
June 2025
3
3 METHODOLOGY
THA biologists intentionally designed the methodology of the SRS to cover not only the entire
property shoreline and footprint for the proposed dock installation but also the adjacent areas
ingress/egress to the proposed project. The components utilized for this survey included:
• Reviewing aerial photography of the surveyed area.
• Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto
aerials (See attached Exhibits).
• Physically swimming the transects, GPS locating the limits of any submerged resources
found, and determining the percentage coverage within the area.
• Documenting and photographing all findings.
The surveyed area was evaluated systematically by following the established transect lines
throughout the project site as shown on the attached exhibit. The survey extends out
approximately 200-feet from the subject property in all directions. Neighboring properties, the
existing docking facility as well as the adjacent docks, and other landmarks provided reference
markers which assisted in maintaining correct positioning over each transect.
During this SRS, one THA staff member swam the transect lines using snorkel equipment while
a second remained on the shoreline taking notes and compiling findings on an aerial of the project
site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and
analyzed for percent coverage within the area via a half meter square quadrat.
Page 411 of 419
1843 Gordon River Ln.
Submerged Resource Survey
June 2025
4
4 RESULTS
The substrate observed within the surveyed area consisted of silty muck material with large cap
rocks throughout with scattered shell and vegetative debris present along the seafloor.
Table 1: Observed species of wildlife and vegetation within the vicinity of the project site
Common Name Scientific Name
Striped Mullet Mugil cephalus
Red Mangrove Rhizophora mangle
Mud Crab Panopius herbstii
5 CONCLUSION
The SRS was conducted along the property’s shoreline and extended out approximately 200 feet
into the waterway. No resources other than mangroves were observed within the surveyed area
which in our opinion is a result of low salinity levels within this section of the Gordon River.
Accordingly, negative impacts to submerged resources are not expected as a result of the
proposed project as there are no mangroves nor seagrasses present within the proposed dock
footprint.
Page 412 of 419
1843 Gordon River Ln.
Submerged Resource Survey
June 2025
5
6 PHOTOS
Figure 1: View of silty muck substrate material and shell debris present onsite.
Photo 2: Typical view of bottom sediment.
Page 413 of 419
1843 Gordon River Ln.
Submerged Resource Survey
June 2025
1
Page 414 of 419
1
John Kelly
From:John Kelly
Sent:Tuesday, February 10, 2026 5:48 PM
To:John Kelly
Subject:BD-PL20250005726 - 1843 Gordon River Ln - HEX 2/26/2026, Public Hearing Sign
Posting
Attachments:Photo 1.jpg; Photo 2.jpg
I, John Kelly, personally posted the required Public Hearing Notice sign to the front of the subject location, immediately
adjacent to the public right-of-way, at approximately 5:10 P.M. this date, as depicted within the two attached photos.
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 415 of 419
Page 416 of 419
c`.
c' 'CO(4 0,
c
Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
Collier County, Florida
u 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
CC
Phone: (239) 252-26460
Fk cut;uT,
1
Publication Confirmation
COLLIER COUNTY STATE OF FLORIDA
The attached copy of advertisement,
1843 Gordon River Ln(BD) (PL20250005726)HEX
02/26/2026 was published on the publicly accessible
website https://notices.collierclerk.com as designated by
Collier County, Florida on 02/06/2026.
THIS IS NOT AN AFFIDAVIT OF PUBLICATION.
Page 417 of 419
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., February 26, 2026, in the Hearing Examiner's meeting room, at 2800 North Horseshoe
Drive,Room 609/610,Naples,FL 34104,to consider:
PETITION NO. BD-PL20250005726 — REQUEST FOR A 19-FOOT BOAT DOCK
EXTENSION FROM THE MAXIMUM PERMITTED PROTRUSION OF 20 FEET
ALLOWED BY SECTION 5.03.06.E.1 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR WATERWAYS 100 FEET OR GREATER IN
WIDTH, TO ALLOW A BOAT DOCKING FACILITY PROTRUDING A TOTAL OF 39
FEET INTO A WATERWAY THAT IS 115-121 FEET WIDE, PURSUANT TO LDC
SECTION 5.03.06.H. THE SUBJECT PROPERTY IS LOCATED AT 1843 GORDON
RIVER LANE AND IS FURTHER DESCRIBED AS LOT 7, NATURE POINTE, IN
SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
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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.
Page 418 of 419
Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier
County Growth Management Community Development Department, Zoning Division; 2800 North
Horseshoe Drive,Naples,FL 34104.
As to any petition upon which the Hearing Examiner takes action,an aggrieved petitioner may appeal such
final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances
within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by
the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event
that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she
proceeds with construction at his/her own risk during this 30-day period.Any construction work completed
ahead of the approval authorization shall be at their own risk.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to
provide public comments remotely, as well as in person, during this proceeding. Individuals who would
like to participate remotely should register through the link provided within the specific event/meeting entry
on the Calendar of Events on the County website at www.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(iicollier.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 419 of 419
T/V IHffices&ASSOCIATES
February 25, 2026
Mission Square
1575 Pine Ridge Rd., Ste 10
Naples, Florida 34109
Collier County Hearing Examiner
Growth Management Community Development
Department Planning & Regulation Building
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Petition No. BD PL20250005726-1843 Gordon River Ln. (the "Petition"}
O 239.649.7777
F 239.799.0070
www.LawNaples.com
info@LawNaples.com
Request for 19 foot boat dock extension from the maximum permitted
protrusion of 20 feet allowed by Section 5.03.06.E.1 of the CCLDC
Applicant: Tim and Maria Myers, 1843 Gordon River Lanel, Naples, FL 34104 (the "Applicant")
Collier County Hearing Examiner:
The Applicants' parcel included in the above Petition is identified as Lot 7 of Nature Pointe, a subdivision
as recorded in Plat Book 20 Pages 20-22, Public Records of Collier County. The Applicants' proposed dock
in located within the Tract C water way parcel, as shown on the Nature Pointe plat, with Tract C owned
by the Nature Pointe Homeowner Association, Inc., (the "Association"). Tract C is part of the Golden
Gate Main Canal drainage system and subject to the Drainage Canal Easement (the "DE Easement") as
recorded in O.R. Book 121, Page 165, Collier County Public Records.
The undersigned is also a Nature Pointe owner, and a member, director and President of the Association.
On behalf of the Applicants and the Association, we have reviewed the Zoning Division Staff Report
prepared as part of the Petition and we concur with the findings and Staff Recommendation to APPROVE
the Petition.
By way of information the natural shoaling which is referenced in the Staff Report as Primary Criterion
No. 4 is a growing issue which needs to be addressed. The removal of shoals is an important maintenance
item included as part of the DE Easement with the County currently having the canal maintenance
obligations arising under the easement.
For clarification, Collier County assigned its DE Easement canal maintenance obligations to SFWMD by the
Assignment and Assumption Agreement dated January 14, 1992. However the County reassumed the
maintenance obligations west of Weir No. 1 as part of the subsequent Cooperative Agreements entered
into between the County and SFWMD. The shoaling referenced in the Staff Report was last dredged by
the County in 2004. A public records request shows the dredging was performed under SAP Contract No.
t600000435 by Vendor# 102834.
Hopefully the above information will be helpful to both the Staff and the Hearing Examiner. Again, the
Association concurs with the Staff recommendation to approve the Petition.
M MUM
John .White, President
Nat re Pointe Homeowners Association, Inc.
Cc John A. Kelley via email to iohn.kelly@collier.�ov.
Tim Myers via email to rk3avf@�mail.com
Hearing Examiner - 02/26/2026
Agenda Item 3.E.
BD-PL2025Q0�.�72�