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HEX Agenda 03/26/2026COLLIER COUNTY Hearing Examiner AGENDA Growth Management Community Development Department 2800 Horseshoe Drive North Conference Rooms 609/610 Naples, FL 34104 March 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 PL20240013377 – Golden Gate Boulevard and Wilson Boulevard - HSC Orangetree LLC requests an insubstantial change to the Estates Shopping Center CPUD, Ordinance 21-40, for a sign deviation from LDC 5.06.04.F.4. to allow two (2) signs on the front, south elevation of the building facing Golden Gate Blvd. with a combined total of no more than 180 sq ft, with the second sign at 33 sq ft. as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located on the west half of Tract A within the PUD. The subject property is 4.13 acres+/- of the 41 +/- acre PUD located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida [Coordinator: Timothy Finn, Planner III] Commissioner District 3 (2026-423) Page 1 of 1035 3.B. PETITION NO. PCUD-PL20250009098— 13707 Winchester Trail - Request for determination that use of a commercial automotive facility (SIC 7538) is comparable in nature to other permitted uses in Exhibit A of the Randall Curve Mixed Planned Unit Development (MPUD) adopted by Ordinance Number 2021-42, as amended. The subject property is located at 13707 Winchester Trail, Naples, Florida 34120 in Section 22, Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commissioner District 3 (2026-558) 3.C. PETITION NO. PCUD – PL20250011804 - 3206 Lake Trafford Rd - RCMA Immokalee Mixed Planned Unit Development (MPUD) (Ordinance No. 21-38) – Request for a determination that use of a Public Safety Facility (SIC 9229) is comparable in nature to other permitted uses in the Community Facility (CF) Tract of the RCMA Immokalee MPUD. The subject property is located at 3206 Lake Trafford Rd in Section 31, Township 46 South, Range 29 East, Collier County, Florida [Coordinator: Maria Estrada, Planner II] Commissioner District 5 (2026-578) 3.D. *** This item was continued from the March 13, 2026, HEX Meeting.**** PETITION NO. PL20240005463 BD - HUNTER DOCK - 267 3rd Street West - Request for a 28-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 greater than 100 feet in width, to allow a boat docking facility protruding a total of 48 feet into a waterway that is 446± feet wide, within a Residential Single-Family-4 (RSF-4) zoning district, pursuant to LDC Section 5.03.06.H. The subject property is located at 267 3rd Street West, also described as Lot 17, Block G, Little Hickory Shores, Unit 3 Replat subdivision, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 (2026-461) 3.E. PETITION NO. PL20250005556 PDI - Egret's Walk, Pelican Marsh PUD - 952 Egrets Run - Request for an insubstantial change to the Pelican Marsh Planned Unit Development (PUD), Ordinance Number 02-71, as amended, by amending Section 3.4.A.9 of the PUD document to allow one of the 50 rental residential units allowed in the PUD to be located in the clubhouse at the Egret’s Walk Condominium recreation building at 952 Egrets Run in Section 34, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 (2026-597) 3.F. PETITION NO. PL20250014954 CUD - Tamiami Crossing CPUD - Tamiami Trail East and 6662 Collier Boulevard - Request for a determination that a liquor store (SIC 5921) is comparable and compatible in nature to other permitted uses in Exhibit A, Section I.A, of the Tamiami Crossing Commercial Planned Unit Development (CPUD) adopted by Ordinance Number 08-50, as amended. The subject CPUD comprises 13030, 13050, 13080, and 13100 Tamiami Trail East and 6662 Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 (2026-598) 3.G. PETITION NO. PL20250004529 BD - 167 East Hilo Street - Echeverria Dock - Request for a 36-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 56 feet into a waterway that is 527 to 719 feet wide, pursuant to LDC Section 5.03.06.H for property located at 167 East Hilo Street and further described as Lot 408, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 (2026-599) Page 2 of 1035 4. New Business 5. Old Business 6. Public Comments 7. Adjourn Page 3 of 1035 3/26/2026 Item # 3.A ID# 2026-423 PETITION NO. PDI PL20240013377 – Golden Gate Boulevard and Wilson Boulevard - HSC Orangetree LLC requests an insubstantial change to the Estates Shopping Center CPUD, Ordinance 21-40, for a sign deviation from LDC 5.06.04.F.4. to allow two (2) signs on the front, south elevation of the building facing Golden Gate Blvd. with a combined total of no more than 180 sq ft, with the second sign at 33 sq ft. as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located on the west half of Tract A within the PUD. The subject property is 4.13 acres+/- of the 41 +/- acre PUD located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida [Coordinator: Timothy Finn, Planner III] Commissioner District 3 ATTACHMENTS: 1. Staff Report - Estates Shopping Center PDI 2. Attachment A - Revised PUD Exhibt F - Deviations - To be adopted with HEX decision 3. Attachment B - Revised Exhibit C, Master Plan - To be adopted with HEX decision 4. Attachment C - FLUE Consistency Memo 5. Attachment D - Original Analysis and Findings 6. Attachment E - Final Plat Requirement email chain 7. Attachment F - Application-Backup Materials 8. Attachment G - Publication Confirmation HEX 3-26-26 - Estates Shopping Center - PDI - PL20240013377 9. Attachment H - Hearing Advertising Signs Page 4 of 1035 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Last revised: 2/17/26 Page 1 of 8 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 26, 2026 SUBJECT: PDI-PL20240013377, ESTATES SHOPPING CENTER CPUD PROPERTY OWNER/APPLICANT/AGENT: Property Owner/Applicant: Agent: HSC Orangetree, LLC Melissa Bergmark 805 Trione St. Sign Permits By Mel Daphne, AL 36526 6288 Briarwood Terrace Fort Myers, FL 33912 REQUESTED ACTION: The applicant requests that the Hearing Examiner consider an insubstantial change to the Estates Shopping Center CPUD, Ordinance 21-40, for a sign deviation from LDC 5.06.04.F.4, to allow two (2)signs on the front, south elevation of the building facing Golden Gate Blvd., with a combined total of no more than 180 sq ft, with the second sign at 33 sq ft. as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located on the west half of Tract A within the PUD. GEOGRAPHIC LOCATION: The subject property is 4.13 acres+/- of the 41 +/- acre PUD located at the northwest quadrant of Golden Gate Boulevard and Wilson Boulevard, in Section 4, Township 49 South, Range 27 East, Collier County, Florida (See Location Map on the following page.) Page 5 of 1035 Last revised: 2/17/26 Page 2 of 8 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Page 6 of 1035 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Last revised: 2/17/26 Page 3 of 8 PURPOSE/DESCRIPTION OF PROJECT: In 2011, the subject property was originally rezoned from Estates (E) Zoning District, with a Wellfield Risk Management Special Treatment Overlay, to Commercial Planned Unit Development (CPUD) Zoning District, with a Wellfield Risk Management Special Treatment Overlay, to allow up to 150,000 square feet of commercial development. On September 14, 2011, this approval was memorialized in Ordinance 2011-30. In 2021, the Estates Shopping Center CPUD was amended by adding commercial, public, civic and institutional uses; adding up to 12 dwelling units; reducing commercial square footage from 150,000 to 50,000 excluding some uses from the maximum square footage limitation; adding dormitories as an accessory use on Tract C; removing outdoor music prohibition; removing single commercial use and building size limitations; reducing setbacks and landscape buffer widths; and removing phasing and developer commitments. On October 26, 2021, this PUDA approval was memorialized in Ordinance 2021-40, and its companion, GMPA, was memorialized in Ordinance 2021-41. The applicant requests that the Hearing Examiner consider an insubstantial change to the Estates Shopping Center CPUD, Ordinance 21-40, for a sign deviation from LDC 5.06.04.F.4, to allow two (2) signs on the front, south elevation of the building facing Golden Gate Blvd., with a combined total of no more than 180 sq ft, with the second sign at 33 sq ft. as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located on the west half of Tract A within the PUD. The following are the changes proposed for this PDI: 1. Add Deviation 4: A deviation from LDC Section 5.06.04.F.4, "Development Standards for Signs in Nonresidential Districts", which requires one wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. To instead, allow 2 signs on the front, south elevation, facing Golden Gate Blvd, with a combined total of no more than 180 sq. ft., with the second sign at 33 sq. ft., as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located within the PUD. Petitioner and Staff response: See Deviation Discussion in staff report. LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject site, which is zoned Estates Shopping Center CPUD with Wellfield Risk Management Special Treatment Overlay Zones ST/W-1: North: Developed single-family residential zoned Estates with Wellfield Protection Overlay Zone ST/W-1 East: Wilson Blvd N (local arterial) then developed with 7-Eleven convenience store with fuel pumps and pet groomers zoned C-2 in 1984 with Wellfield Protection Overlay Zone ST/W-1; Vacant single-family residential zoned Estates with Wellfield Protection Overlay Zone ST/W-1 Page 7 of 1035 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Last revised: 2/17/26 Page 4 of 8 South: Golden Gate Blvd W (four lane arterial) then developed with Walgreens zoned Snowy Egret Plaza CPUD with Wellfield Protection Overlay Zone ST/W-1, and vacant site zoned C-3 with Wellfield Protection Overlay Zones ST/W-1 and ST/W-2 West: 1st Street NW (local arterial) and then vacant site zoned Estates Shopping Center CPUD with Wellfield Protection Overlay Zone ST/W-1 Source: Collier County Appraiser STAFF ANALYSIS: Comprehensive Planning: Because this application does not add uses or increase the intensity of the previously approved uses in the Estates Shopping Center CPUD, it is consistent with the Future Land Use Element (FLUE) of the GMP. (See Attachment C – FLUE Consistency Memo) Page 8 of 1035 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Last revised: 2/17/26 Page 5 of 8 Conservation and Coastal Management Element: Environmental staff have evaluated the proposed changes to the PUD documents and found no issue with consistency. Zoning Review: Zoning has evaluated the proposed changes to the PUD documents and found no issue with consistency with the proposed sign deviation. It’s important to note that during staff review, it was found that there were issues regarding lot line adjustments that were not approved by the County. For further details and information on this issue, see Attachment E – Final Plat Requirement email chain. To rectify this situation, Development Review recommended that the applicant request a Final Plat, as this would resolve the property boundary issues. As of February 2, 2026, they have not submitted a Final Plat application. As for this PDI petition, Staff recommends including a condition of approval requiring the applicant to submit a Final Plat before issuance of the sign permit. 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 to the PUD boundary. b. Is there a proposed increase in the total number of dwelling units, intensity of land use, or height of buildings within the development? No, there is no proposed increase in the number of dwelling units, 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 non-residential land uses? There would be no increase in the size of areas used for non-residential uses and no relocation of non-residential areas. Page 9 of 1035 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Last revised: 2/17/26 Page 6 of 8 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, this amendment has no substantial impacts. 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, this amendment has no substantial impacts. 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 amendments to a PUD ordinance that are inconsistent with the Future Land Use Element or other elements of the Growth Management Plan, or which modification would increase the density or 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 for the most recent zoning action in Petition PUDA-PL20190002354. An excerpt from the staff report prepared for that petition is attached as Attachment D. Page 10 of 1035 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Last revised: 2/17/26 Page 7 of 8 DEVIATION DISCUSSION: The petitioner is seeking one deviation from the LDC's requirements. The petitioner’s rationale and staff analysis/recommendation are outlined below. Proposed Deviation #4 (Wall Sign) “Deviation #4 seeks relief from LDC Section 5.06.04.F.4, "Development Standards for Signs in Nonresidential Districts", which requires one wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. To instead, allow 2 signs on the front, south elevation, facing Golden Gate Blvd, with a combined total of no more than 180 sq. ft., with the second sign at 33 sq. ft., as shown on Exhibit F- 1, sign exhibit. This deviation only applies to the Tractor Supply located within the PUD.” Petitioner’s Justification: The requested deviation will allow for enhanced visibility of Tractor Supply customer pick up, located within Tract A of Estates Shopping Center PUD. The deviation requests additional wall sign, but the overall wall signage will not exceed the total allowable sign face area as permitted by the LDC. Tract A has multiple road frontages, including Golden Gate Blvd and Wilson Blvd, as well as areas of internal parking and drive aisles. The proposed Tractor Supply are a substantial distance from the travel lanes of Golden Gate Blvd. The additional wall sign will assist the traveling public in locating their destination safely and without causing unsafe driving conditions while traveling internally to the PUD and along external rights-of-way. The additional signs will not create a negative visual impact due to the nature of the signs. The wall signs will not exceed the allowable sign area, it will just assist the public in locating the customer pick-up area. Based on the surrounding land use pattern, frontage on multiple roadways, and internal parking areas, the additional wall signs are necessary in order to enhance visibility and awareness of the business. The additional wall sign will serve to facilitate uninterrupted driving from vehicles passing by on Golden Gate Blvd or Wilson Blvd. The wall signs will allow for additional visibility, which assists the traveling public in determining destinations without impeding traffic flow and causing unsafe driving conditions. The wall sign limitation in this case is limiting, considering the building design of Tract A. The Tract A signage will comply with the LDC regarding all other signage requirements. For these reasons, the Applicant respectfully requests approval of this deviation. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that “the element may be waived without a detrimental effect on the health, safety and welfare of the community,” and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Page 11 of 1035 PDI-PL20240013377, Estates Shopping Center CPUD Hearing Examiner (HEX) Date: 3/26/26 Last revised: 2/17/26 Page 8 of 8 NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was scheduled for Wednesday, February 11, 2026, 6:00 pm at Max Hasse Community Park, located at 3390 Golden Gate Blvd W, Naples, Fl 34120. Six members of the public were present. Melissa Bergmark of Sign Permits by Mel gave an overview of the petition and then opened the meeting up to the public. There were questions about the location of the sign and stores in other tracts of the PUD property. Melissa had explained the location of the proposed signage for Tractor Supply, and she is not aware of other stores contemplated within the other tracts in the PUD. Melissa is aware only of the Tractor Supply store. No commitments were made at this meeting. A copy of the NIM advertising and summary is included in Attachment F – Backup Materials. APPEAL OF Decisions by the Hearing Examiner: As to any 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 Hearing Examiner has approved the petition, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed before the authorization is granted shall be at their own risk. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI-PL20240013377 with the following condition of approval: 1. The applicant submits a Final Plat before issuance of the sign permit Attachments: A) Revised PUD Exhibit F – Deviations – To be adopted with HEX decision B) Revised Exhibit C, Master Plan – To be adopted with HEX decision C) FLUE Consistency Memo D) Original Analysis and Findings E) Final Plat Requirement email chain F) Application-Backup Materials Page 12 of 1035 PROPOSED AMENDED PUD LANGUAGE EXHIBIT F ESTATES SHOPPING CENTER PUD LIST OF DEVIATIONS DEVIATION 4: A deviation from LDC Section 5.06.04.F.4, "Development Standards for Signs in Nonresidential Districts", which requires one wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed 2 signs, but such signs shall not be placed on one wall. To instead, allow 2 signs on the front, south elevation facing Golden Gate Blvd, with a combined total of no more than 180 sq.ft., with the second sign at 33 sq.ft. as shown on Exhibit F-1, sign exhibit. This deviation only applies to the Tractor Supply located within the PUD. Page 13 of 1035 Client: Location:Note: This drawing is property of The Sign Resource, & shall not be reproduced without written permission.Dwg. Date:Revisions:Date:Scale:NTS.Project:Dwg. Number: TS-9667Proposed Monument SignNotes:Orangetree, Fl.10-3-23Presented By:Ph. 727-669-6877 www.TSRFL.com407 N. Pilot Knob Rd. Denver, NC. 28037Proposed Double Sided / IlluminatedMonument Sign 77.0 Sq. Ft. Main ID. panels7’-0”12’-0” Cabinet15’-2” 16’-0”15”1’-4”11’-0”1’-4”3’-6”3’-6”2’-6”3’-8”3’-4”2’-0”Cabinet finishsize with FauxBarnwood 2”2”3’-6”3”TENANT FaceFrameBASE WIDTH2’-6”End ViewAluminum fabricated topperwith smooth painted finish.Aluminum fabricated columnswith Faux Barnwood application,color Cedar Brown.Aluminum Sign cabinet with2” x 2” Angle face retainers, & 2 ½” widedivider bar painted black.Faces will be pan-formed, white,.177” thick, modified acrylic.TSC. panels will be vinyl decorated inSTD. established colors.Bottom panels for future tenant.Internal illumination for faces bywhite LEDS. power supplies contained in cabinet. Faces slide in & out for installation & service.Base is aluminum fabricated with Durock sheathing to accommodate rock veneer.Rock veneer & masonry cap at topof base are by others.Sign installer to provide Concrete footing(s),& pad footing for rock veneer. Note: structure colors & rock typeare to be provided.Electrical circuit is to be brought to signbase by others,1’-4”Install in accordance withThe National Electrical Code UNDERWRITERSLABORATORIESULINC.LISTEDELECTRIC SIGN®®ELECTRICALPower supplies / drivers are Multi-volt type, 120 V. - 277V. housed in cabinet for best access.UL listed, 20 Amp. disconnect switch required. Client: Location: Note: This drawing is property of The Sign Resource, & shall not be reproduced without written permission. Dwg. Date: Revisions:Date: Scale: NTS. Project: Dwg. Number: TS-9989 Proposed Wall Sign Notes: 5-15-24 Elevation: with Proposed Wall Sign7’-0”21’-0”30”60”Colors & Face Specifications Face Material...product as follows... Substrate- *3M Panagraphics 3 flexible substrate. Descrip: Translucent media with Polyester scrim Embedded in a White Pigmented Vinyl. Finish: Smooth front surface, with white semi-gloss finish. Thickness: 27 mil. Logo Bkgd: Series: 3M / Gerber 3630-33 Red. Logo copy White. Lettering: Series 3M / Gerber 220-22 Black. Registration Mark to match lettering. Frame, & face retainers / covers are finished High Gloss Black. Lettering & Trapezoid colors Face frame is 2” x 2” Sq. Aluminum tubing, with vertical & horizontal tube framing where needed per sign size. Sign frame is fastened directly to wall corrugated metal surface or flat block surfaces if installed on building side using thru bolts, lag bolts or concrete anchors as needed. Illumination will be provided by Gooseneck lamps from above that will be provided by others. Flexible fabric face with graphics, stretched over face frame. General Materials: Construction Illumination provided by Gooseneck lamps... provided by others. Storefront Elevation with Proposed Sign 1’-0” Presented By: Ph. 727-669-6877 www.TSRFL.com 407 N. Pilot Knob Rd. Denver, NC. 28037 R1: Added Directional Sign 73 N. Wilson Blvd. Orangetree, FL. Tractor Supply Building 23,729 Sq. Feet Greenhouse 3587 Sq. Feet Total Sq. Feet 27,316.0 127.7’31’-8”35’-2” 194.52” 12’-1 1/2” 12’-1 1/2”7’-5” 24’-0”30’-0”17’-9”13’-6”3’-4”3’-4” Proposed Monument Sign 77.0 Sq. Feet Proposed Wall Sign 147.0 Sq. Feet 20.0’ Setback Site Plan with Proposed Signs Page 14 of 1035 Client: Location:Note: This drawing is property of The Sign Resource, & shall not be reproduced without written permission.Dwg. Date:Revisions:Date:Scale:NTS.Project:Dwg. Number: TS-9989R1Proposed Wall SignNotes:5-15-24Elevation: with Proposed Wall Sign7’-0”21’-0”30”60”Colors & Face SpecificationsFace Material...product as follows...Substrate- *3M Panagraphics 3 flexible substrate.Descrip: Translucent media with Polyester scrim Embedded in a White Pigmented Vinyl.Finish: Smooth front surface, with white semi-gloss finish.Thickness: 27 mil.Logo Bkgd: Series: 3M / Gerber 3630-33 Red. Logo copy White.Lettering: Series 3M / Gerber 220-22 Black. Registration Mark to match lettering.Frame, & face retainers / covers are finished High Gloss Black.Lettering & Trapezoid colorsFace frame is 2” x 2” Sq. Aluminum tubing,with vertical & horizontal tube framing where needed per sign size.Sign frame is fastened directly to wall corrugatedmetal surface or flat block surfaces if installed on building side using thru bolts, lag bolts or concrete anchors as needed.Illumination will be provided by Gooseneck lamps from above that will be provided by others. Flexible fabric face with graphics, stretched over face frame. General Materials:ConstructionIllumination provided by Gooseneck lamps... provided by others.147sqftStorefront Elevation with Proposed Signs1’-0”Orangetree, FL.Presented By:Ph. 727-669-6877 www.TSRFL.com407 N. Pilot Knob Rd. Denver, NC. 28037R1: AddedDirectional Sign4Page 15 of 1035 Client: Location:Note: This drawing is property of The Sign Resource, & shall not be reproduced without written permission.Dwg. Date:Revisions:Date:Scale:NTS.Project:Dwg. Number: TS-10007Proposed Wall SignNotes:Orangetree, FL.5-31-24Presented By:Ph. 727-669-6877 www.TSRFL.com407 N. Pilot Knob Rd. Denver, NC. 28037Total Sq. Feet of Proposed 32.14Proposed Illuminated Directional Sign22.5”4’-4”29.5”7’-5”Cabinet is fabricated using 1 1/4” x .125 Aluminum angleperimeter frame. with .040” aluminum fillers & .063” backs.Power supplies are Principal Brand multi-volt &contained in cabinet.Face retainers are 1 1/2” x 1 1/2” bent Aluminum .Faces are 3/16” thick, flat translucent white Poly-carbonate,decorated on first surface. Colors see at left.Illumination is provided by internal White, Principal Brand LEDS.5”Section ViewInstall in accordance withThe National CodeUNDERWRITERSLABORATORIESULINC.LISTEDELECTRIC SIGN®®ELECTRICALPower supplies are Multi-volt type, housedsign cabinet.UL listed disconnect switch required.3/16” flat facesFace retainersLEDSUL. listed disconnectPower supplies/drivers... Loc.may vary.NOTE: Typical gable end facing material isgalvanized Metal for Order Pick-up lane.#12 self tapping sheet metal screws or as per local engineering, thrucabinet framing & gable endmaterials & into 2” x 2” x 1/8”Steel Sq. Tube.To electrical circuit J-BOX,brought to & supplied by others.1 1/4” x .125 Aluminum angle frameC1C2C3C4C3C4Painted to match PMS # 370 Satin FinishTranslucent WhiteColor SpecificationsC1C2Printed PMS DS # 299-6Printed PMS # 370C5C6C7 3M-3630-149 Light BeigeOracal 8500 Series # 031 RedOracal #651 series #070 BlackColor SpecificationsC5C6C7Truck Elements & Drive ThroughAPPROX. 52”EQ.EQ.Proposed Directional Type SignPage 16 of 1035 Page 17 of 1035 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ CONSISTENCY MEMORANDUM TO: Timothy Finn, Planner III, Zoning Services Growth Management Community Development FROM: Kathryn Grigsby, Planner III, Comprehensive Planning Section Growth Management Community Development DATE: July 16, 2025 SUBJECT: PL20240013377; Tractor Supply, Planned Unit Development Insubstantial Change (PDI) _________________________________________________________________________________ REQUEST: The petitioner is requesting to amend the Collier County Land Development Code Section 5.06.04, “Development Standards for Signs in Nonresidential Districts.” The request includes adding a second business sign along the front south-facing façade along Golden Gate Boulevard West. The proposed sign will direct customers to a merchandise drive-thru and pick-up area for the garden center. LOCATION: The 4.13-acre subject property is located to the east of Collier Boulevard, west of Wilson Boulevard North, south of 10th Avenue SW, and north of Golden Gate Boulevard West, more specifically located in the Estates Shopping Center, Golden Gate Estates, Section 4, Township 49, Range 27, Collier County Florida. Parcel Number 37119840001. COMPREHENSIVE PLANNING COMMENTS: The portion of the subject property located on the southeast corner of Wilson Boulevard North and Golden Gate Boulevard West, and is located in the Estates Shopping Center subdistrict, within the Rural Golden Gate Estates sub-element of the Golden Gate Area Master Plan (GGAMP), as identified on the county-wide Future Land Use Map (FLUM). The purpose and intent of the Estates Shopping Center subdistrict is to encourage and allow a variety of commercial, industrial, and public uses such as the Tractor Supply adopted by Ord. 21-40. The proposed change to add additional signage along the south-facing façade have no impact on the FLUE designation, and is therefore consistent with the GGAMP. Consistency with the FLUE of the GMP: Relevant FLUE Objectives and policies are stated below (in italics); each policy is followed by staff analysis [in bold]. OBJECTIVE 5: Implement land use policies that promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element. Page 18 of 1035 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Policy 5.1: Land-use policies supporting Objective 5 shall be implemented upon the adoption of the GMP. Current petition adheres to the GMP and under said policy which has designated this site as a commercial planned unit development (CPUD), within the Estates Shopping Center Subdistrict. The additional signage proposal in the CPUD is consistent with the Future Land Use Element (FLUE) designations. CONCLUSION: Based upon the above analysis, the proposed additional signage, language to assist with allowed uses (restaurants & canal lots), and adjusting hours of operation are deemed consistent with the Rural Golden Gate Estates element and thus, do not require an a mendment to the GMP. Page 19 of 1035 Original Analysis and Findings – Estates Shopping Center CPUD – PUDA- PL20190002354 FINDINGS OF FACT: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08”: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The PUD is located in the Rural Golden Gate Estates area, with a site specific Future Land Use designation allowing general commercial development to serve this primarily residential area. Physical characteristics of the land are addressed through the Environmental Review section of this staff report above. Traffic and access are addressed in the Transportation Review section of this staff report above. Water and sewer functions will be provided through private well and septic systems. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney’s Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). County staff reviewed this petition and offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report and found the petition may be deemed consistent with the GMP if the companion GMPA amendment is adopted and becomes effective. 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. The proposed PUDA establishes the potential for Shy Wolf Sanctuary to locate on the western Tract C, government facilities in the central Tract B, and commercial uses on the eastern Tract A near the intersection of Wilson and Golden Gate Boulevards. Commitments to control lighting and glare at the project perimeter are proposed to address external compatibility. Additional compatibility measures are proposed through Page 20 of 1035 operational standards requiring fencing or walls per applicable wildlife agency standards, and Deviation 1 to allow a wall/berm up to 12 feet in height at the perimeter and internal enclosures of the Shy Wolf Sanctuary. However, compatibility with surrounding residents is compromised by the proposed elimination of prohibition on outdoor music and extending the closing hour of retail and office uses from 9 pm to 10 pm and extending gas/convenience uses to 24 hours. The PUD Amendment also proposes elimination of enhanced buffers and narrowing of the native preservation area that served as a buffer along the northern property line. While the impacts of loading and other activities associated with the currently approved 150,000-square foot commercial center may be lessened by the proposed sanctuary and government facilities, there is no clear explanation - such as how dormitories will be located on the site, or what types of operations the government facilities may entail - to conclude whether the impacts of noise and activity on the site will be diminished for the neighboring single family residents. Internal and external compatibility between the proposed wolf sanctuary, dormitories, government facilities, and potential alternative allowing single family residences per the Estates development standards are not clearly explained or portrayed on the Master Plan. The applicant reasons that a reduction in intensity is proposed, however the maximum number of vehicle trips that was allowable with the currently approved 150,000 square feet of commercial development is still proposed as the maximum number of trips associated with this PUD Amendment. Staff does not recommend the proposed allowance of outdoor music and extension of hours from 9 pm to 10 pm for retail and office uses. The proposed shift of locations of land uses includes establishing a 24-hour convenience store with fuel pumps within 500 feet of the existing gas station across Wilson Boulevard, which required a companion request for waiver of distance through an Auto Service Station Waiver (ASW) petition to be heard by the BZA. Relocating the convenience store with fuel pumps from Tract B to Tract A as requested allows the Golden Gate Boulevard/Wilson Boulevard intersection to be occupied with gas stations on two corners and allows fuel storage in closer proximity to the existing County well located at the northeast corner of the property. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. No deviation from the required usable open space is being requested. Compliance with the minimum 30% open space requirement will be demonstrated at the time of SDP or PPL. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be Page 21 of 1035 addressed at time of each development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Private wells and septic systems will be required at time of development to address water and wastewater needs. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property can accommodate the proposed uses with the exception as stated in the Environmental Review section of this report above, where the proposed commercial area (Tract A) is partially located within the “Wellhead Protection Area,” which is a 500- foot radial setback distance from public potable water wells (Chapter 62-521, “Wellhead Protection,” Florida Administrative Code), as well as the ST/W-1 zone. Some commercial uses (i.e., gas stations, car washes, dry cleaners, paint stores, photography studios, etc.) listed in the “Estates Shopping Center CPUD Exhibit A” have the potential to impact ground and surface water. All proposed uses must comply with all federal, state and county statutes, codes and ordinances. Pollution Prevention Best Management Practices (BMPs) must be provided at time of PPL or SDP review for those land uses which have the potential to cause impacts to drinking water. Additionally, depending on the proposed use, the applicant may be required to comply with secondary containment of all regulated substances as well as obtaining a Certificate to Operate (CTO) in a Wellfield Program, per LDC 10.04.01, at time of site development. 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. Three new deviations are proposed in connection with this request to amend the PUD. See Deviation Discussion below. Rezone Findings: LDC Subsection 10.02.08.F states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable”: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP subject to approval of the companion GMP Amendment. 2. The existing land use pattern. Page 22 of 1035 The PUD is located in the Rural Golden Gate Estates area, with a site specific Future Land Use designation allowing general commercial development to serve this primarily residential area. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. This petition does not propose any change to the boundaries of the PUD. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not necessary; however, it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to include the proposed uses and development standards that are specific to the subject parcel. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. With the commitments included in the draft PUD Ordinance and the conditions recommended by staff, the living conditions in the neighborhood should not be adversely influenced as a result of the proposed amendment. 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 will continue to have adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of each development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment request is not anticipated to create adverse drainage impacts in the area; provided stormwater best management practices, treatment, and storage on this project are addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project’s stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. Page 23 of 1035 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based 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 value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All immediately adjacent properties are developed. The proposed amendments should not be a deterrent to improvement or redevelopment of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. The commitments included in the draft PUD Ordinance and the conditions recommended by staff are in the interest of the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed zoological attraction and government facilities cannot be developed without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff’s opinion that the proposed uses, associated development standards, developer commitments and recommended conditions will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Page 24 of 1035 The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. Due to the proximity of a County well near the northeast corner of the property, there is limited usability of the portion of Tract A that lies in the “Wellhead Protection Area,” which is a 500-foot radial setback distance from public potable water wells (Chapter 62-521, Florida Administrative Code), where the following are prohibited: aboveground storage tanks (Chapter 62-762, F.A.C.), underground storage tanks (Chapter 62-716, F.A.C.), and all discharges of industrial wastewater to groundwater. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The activity proposed by this amendment will is consistent with the applicable public facility levels of service adopted in the GMP. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. Page 25 of 1035 1 Timothy Finn From:Ray Bellows Sent:Monday, February 2, 2026 10:50 AM To:Timothy Finn Subject:RE: Estates Shopping Center PDI - PL20240013377 Hi Tim, I agree that the PDI can continue with a condition requiring a FP because the applicant/property owner is listed as HSC Orangetree LLC and they own the other parcels and have signed the Affidavit of Authorization for this PDI. Respectfully, Ray Bellows Manager - Planning Zoning Office:239-252-2463 2800 North Horseshoe Drive Naples, Florida 34104 Ray.Bellows@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Ray.Bellows@collier.gov From: Timothy Finn <Timothy.Finn@collier.gov> Sent: Monday, February 2, 2026 10:26 AM To: Ray Bellows <Ray.Bellows@collier.gov> Subject: FW: Estates Shopping Center PDI - PL20240013377 Hi Ray, Im thinking a condition of approval before issuance of the sign permit? Timothy Finn Planner III Zoning Office:239-252-4312 2800 North Horseshoe Dr Page 26 of 1035 2 Naples, FL 34104 Timothy.Finn@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Timothy.Finn@collier.gov From: Heidi Ashton <Heidi.Ashton@collier.gov> Sent: Monday, February 2, 2026 9:55 AM To: David Anthony <David.Anthony@collier.gov>; Timothy Finn <Timothy.Finn@collier.gov>; Ray Bellows <Ray.Bellows@collier.gov> Cc: David Crane <David.Crane@collier.gov> Subject: RE: Estates Shopping Center PDI - PL20240013377 Ray and Tim, Your call on whether the application should be submitted before the PDI or whether you want to make it a condition of approval before issuance of the sign permit. Heidi Ashton-Cicko Managing Assistant County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 Note new email: heidi.ashton@collier.gov From: David Anthony <David.Anthony@collier.gov> Sent: Monday, February 2, 2026 9:52 AM To: Timothy Finn <Timothy.Finn@collier.gov>; Ray Bellows <Ray.Bellows@collier.gov> Cc: David Crane <David.Crane@collier.gov>; Heidi Ashton <Heidi.Ashton@collier.gov> Subject: RE: Estates Shopping Center PDI - PL20240013377 I just found one bit of information. That is, Jaime has told the folks involved that they need to come in for a FP. This would resolve the issues with the property boundaries. As yet, though, they haven’t submitted anything. David Anthony Site Plans Reviewer II Development Review Office:239-252-2497 2800 Horseshoe Drive North Naples, Florida 34104 David.Anthony@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: David.Anthony@collier.gov Page 27 of 1035 3 From: Timothy Finn <Timothy.Finn@collier.gov> Sent: Monday, February 2, 2026 9:38 AM To: David Anthony <David.Anthony@collier.gov>; Ray Bellows <Ray.Bellows@collier.gov> Cc: David Crane <David.Crane@collier.gov>; Heidi Ashton <Heidi.Ashton@collier.gov> Subject: RE: Estates Shopping Center PDI - PL20240013377 David: Thank you for the information, I appreciate this Ray/Heidi: Would this situation stop this sign deviation PDI for the Tractor Supply store from moving forward? Timothy Finn Planner III Zoning Office:239-252-4312 2800 North Horseshoe Dr Naples, FL 34104 Timothy.Finn@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Timothy.Finn@collier.gov From: David Anthony <David.Anthony@collier.gov> Sent: Monday, February 2, 2026 9:21 AM To: Timothy Finn <Timothy.Finn@collier.gov>; Ray Bellows <Ray.Bellows@collier.gov> Cc: David Crane <David.Crane@collier.gov> Subject: RE: Estates Shopping Center PDI - PL20240013377 I saw a Zoning comment for the Circle K parcel that seems to imply they will be seeking a Final Plat for the property boundaries. Nobody has applied for anything, yet, and a Final Plat would be more appropriate in this case than trying to figure out how many Lot Line Adjustments would be needed and in what order. So I think the appropriate mechanism here is a FP. I’ll defer to Heidi about what/if any permits we should be issuing until it’s resolved. But I’d have concerns that issuing any other development orders makes it look like we implicitly approve of the change. I’d rather see them at least submit a FP application before processing anything else. But again, that’s just my opinion and I’ll defer to others on this. David Anthony Site Plans Reviewer II Development Review Office:239-252-2497 2800 Horseshoe Drive North Page 28 of 1035 4 Naples, Florida 34104 David.Anthony@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: David.Anthony@collier.gov From: Timothy Finn <Timothy.Finn@collier.gov> Sent: Monday, February 2, 2026 7:59 AM To: David Anthony <David.Anthony@collier.gov>; Ray Bellows <Ray.Bellows@collier.gov> Subject: FW: Estates Shopping Center PDI - PL20240013377 Hi David/Ray, Please see below from Heidi. Is a lot line adjustment needed? Timothy Finn Planner III Zoning Office:239-252-4312 2800 North Horseshoe Dr Naples, FL 34104 Timothy.Finn@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Timothy.Finn@collier.gov From: Heidi Ashton <Heidi.Ashton@collier.gov> Sent: Friday, January 30, 2026 5:03 PM To: Timothy Finn <Timothy.Finn@collier.gov> Cc: Ray Bellows <Ray.Bellows@collier.gov> Subject: RE: Estates Shopping Center PDI - PL20240013377 Please find out from David Anthony and Ray if the lot line adjustment is needed. If so, applicant should file the application for it. The third lot was created by deed conveyance in Sept. 2025. Heidi Ashton-Cicko Managing Assistant County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 Note new email: heidi.ashton@collier.gov From: Timothy Finn <Timothy.Finn@collier.gov> Sent: Friday, January 30, 2026 3:20 PM To: Heidi Ashton <Heidi.Ashton@collier.gov> Page 29 of 1035 5 Cc: Ray Bellows <Ray.Bellows@collier.gov> Subject: FW: Estates Shopping Center PDI - PL20240013377 Hi Heidi, Please see below from David Anthony. He can find no indication this series of lot line adjustments were ever approved by the County. Will this situation prevent this PDI for a sign deviation from moving forward? Timothy Finn Planner III Zoning Office:239-252-4312 2800 North Horseshoe Dr Naples, FL 34104 Timothy.Finn@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Timothy.Finn@collier.gov From: David Anthony <David.Anthony@collier.gov> Sent: Friday, January 30, 2026 3:07 PM To: Timothy Finn <Timothy.Finn@collier.gov> Subject: RE: Estates Shopping Center PDI - PL20240013377 From what I can tell, a Lot Line Adjustment was not filed for this property/PUD area. It actually consists of 3 lots: the S 180 of Tract 142, and all of Tracts 143 and 144. As recently as 2023, these properties seemed to have their normal boundaries. It looks like the lines were rearranged sometime after 7/6/2023. This new configuration of lot lines appears in SDP PL20220002223 (see below), which was approved on 5/24/2023. It’s possible the applicant thought that by showing new lot boundaries on SDP plans that somehow would authorize it. Or maybe they thought they didn’t need permission to change lot lines. Page 30 of 1035 6 Page 31 of 1035 7 Technically speaking, I can find no indication this series of lot line adjustments were ever approved by the County and so we shouldn’t be issuing any building permits until this is addressed. I’ll talk to David Crane about this. David Anthony Site Plans Reviewer II Development Review Office:239-252-2497 2800 Horseshoe Drive North Naples, Florida 34104 David.Anthony@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: David.Anthony@collier.gov From: Timothy Finn <Timothy.Finn@collier.gov> Sent: Friday, January 30, 2026 9:34 AM To: David Anthony <David.Anthony@collier.gov> Subject: FW: Estates Shopping Center PDI - PL20240013377 Hi David, Please review the below email chain between Heidi and me. Do you know if a lot line adjustment was filed for this property? Timothy Finn Planner III Zoning Office:239-252-4312 2800 North Horseshoe Dr Naples, FL 34104 Timothy.Finn@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Timothy.Finn@collier.gov From: Heidi Ashton <Heidi.Ashton@collier.gov> Sent: Friday, January 30, 2026 9:24 AM To: Timothy Finn <Timothy.Finn@collier.gov> Subject: RE: Estates Shopping Center PDI - PL20240013377 Tim, Page 32 of 1035 8 Please check with David Anthony to see if they filed a lot line adjustment for the division of two lots into 3. You’ll need to address in your staff report that the two lots in PUD Tract A were split into 3 lots and the acreages of the three lots. Because the deviation affectst the 2 lots having frontatge on Golden Gate blvd owned by HSC Orangetree LLC, an affidavit would not be required from the rear owner of PUD Tract A, Minter Homewood LLC. You’ll need to check with Ray on whether he wants the application updated with the correct acreages, or if addressing it in the staff report is sufficient. Deviation: Heidi Ashton-Cicko Managing Assistant County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8773 Note new email: heidi.ashton@collier.gov From: Timothy Finn <Timothy.Finn@collier.gov> Sent: Friday, January 30, 2026 8:38 AM To: Heidi Ashton <Heidi.Ashton@collier.gov> Subject: Estates Shopping Center PDI - PL20240013377 Hi Heidi, I’m writing the staff report for the Estates Shopping Center PDI and I’m noticing a discrepancy in the property ownership. Please see, “Attachment A – Revised PUD Exhibit F – Deviations,” attached to this email. It seems the property that is under construction (with the Tractor Supply building) matches the site plan but it’s a different Folio Number and property owner from what is referenced on the application. It looks like the property owner had changed from HSC Orangetree LLC to Minter Homewood LLC during September. Should the agent for this petition update the application and affidavit of authorization to reflect this new property ownership? Page 33 of 1035 9 Aerial of Tractor Supply Store under construction (The Folio ID and property owner are now different) Aerial of Folio #37119840001 – As referenced in Application but does not match the site plan Page 34 of 1035 10 Timothy Finn Planner III Zoning Office:239-252-4312 2800 North Horseshoe Dr Naples, FL 34104 Timothy.Finn@collier.gov My email address has changed. Effective immediately, please update your contact list to use this new address: Timothy.Finn@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 35 of 1035 Page 36 of 1035 Page 37 of 1035 Page 38 of 1035 Page 39 of 1035 Page 40 of 1035 Page 41 of 1035 Page 42 of 1035 Page 43 of 1035 Page 44 of 1035 Page 45 of 1035 Page 46 of 1035 Page 47 of 1035 Page 48 of 1035 Page 49 of 1035 Page 50 of 1035 Page 51 of 1035 Page 52 of 1035 Page 53 of 1035 Page 54 of 1035 Page 55 of 1035 Page 56 of 1035 Page 57 of 1035 Page 58 of 1035 Page 59 of 1035 Page 60 of 1035 Page 61 of 1035 Page 62 of 1035 Page 63 of 1035 Page 64 of 1035 Page 65 of 1035 Page 66 of 1035 Page 67 of 1035 Page 68 of 1035 Page 69 of 1035 Page 70 of 1035 Page 71 of 1035 Page 72 of 1035 Page 73 of 1035 Page 74 of 1035 Page 75 of 1035 Page 76 of 1035 Page 77 of 1035 Page 78 of 1035 Page 79 of 1035 Page 80 of 1035 Page 81 of 1035 Page 82 of 1035 Page 83 of 1035 Page 84 of 1035 Page 85 of 1035 Page 86 of 1035 Page 87 of 1035 Page 88 of 1035 Page 89 of 1035 Page 90 of 1035 Page 91 of 1035 Page 92 of 1035 Page 93 of 1035 Page 94 of 1035 Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 Publication Confirmation COLLIER COUNTY STATE OF FLORIDA The attached copy of advertisement, 3/26/26 HEX- Estates Shopping Center CPUD (PDI) PL20240013377) was published on the publicly accessible website https://notices.colliercierk.com as designated by Collier County, Florida on 03/06/2026. THIS IS NOT AN AFFIDAVIT OF PUBLICATION. Page 95 of 1035 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., March 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 PL20240013377 — HSC ORANGETREE LLC REQUESTS AN INSUBSTANTIAL CHANGE TO THE ESTATES SHOPPING CENTER CPUD, ORDINANCE 21-40, FOR A SIGN DEVIATION FROM LDC 5.06.04.F.4. TO ALLOW TWO (2) SIGNS ON THE FRONT, SOUTH ELEVATION OF THE BUILDING FACING GOLDEN GATE BLVD. WITH A COMBINED TOTAL OF NO MORE THAN 180 SQ FT, WITH THE SECOND SIGN AT 33 SQ FT. AS SHOWN ON EXHIBIT F-1, SIGN EXHIBIT. THIS DEVIATION ONLY APPLIES TO THE TRACTOR SUPPLY LOCATED ON THE WEST HALF OF TRACT A WITHIN THE PUD. THE SUBJECT PROPERTY IS 4.13 ACRES+/- OF THE 41 +/- ACRE PUD LOCATED AT THE NORTHWEST QUADRANT OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD, IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. 1nProject ff 1•I rlfllllllflliflllf111= MINIMUMml NER Location LINEO:im r i=l i][ Ij If EEN I'lll11 111111 Em lll:lll S m IIiL: Il1i11111 3 I" I III III I I ll lll l:I Illlllil:Illlll:IIIIIIIIIIIIm11lIIIIIIIIIIIiC 111111UI 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 96 of 1035 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.Bellowskcollier.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 97 of 1035 Page 98 of 1035 Page 99 of 1035 Page 100 of 1035 Page 101 of 1035 3/26/2026 Item # 3.B ID# 2026-558 PETITION NO. PCUD-PL20250009098— 13707 Winchester Trail - Request for determination that use of a commercial automotive facility (SIC 7538) is comparable in nature to other permitted uses in Exhibit A of the Randall Curve Mixed Planned Unit Development (MPUD) adopted by Ordinance Number 2021-42, as amended. The subject property is located at 13707 Winchester Trail, Naples, Florida 34120 in Section 22, Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: Maria Estrada, Planner II] Commissioner District 3 ATTACHMENTS: 1. PL20250009098- Staff Report - Christian Brothers Automotive (PCUD) 2. Attachment A-Backup Materials 3. Attachment B-Ord. 21-42 4. Attachment C- Proposed Site Development Plan & Master Utility Plan 5. Attachment D-Christian Brothers Automotive Traffic Study 6. Attachment E- Legal Ad Page 102 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 1 of 10 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 26, 2026 SUBJECT: CHRISTIAN BROTHERS AUTOMOTIVE, COMPARABLE USE DETERMINATION (PCUD), CUD-PL20250009098 ______________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant/Owner: Agent: RCDG Partners LLC Albert “AJ” Fasano, P.E. Christian Brothers Automotive Kimley- Horn 13707 Winchester Trail 445 24th St, Suite 200 Naples, FL 34120 Vero Beach, FL 32960 REQUESTED ACTION: Request for a determination that the proposed use of “general automotive repair shop”, (SIC 7358) is comparable in nature to gasoline service stations (SIC 5541), a permitted use in Exhibit A of the Randall Curve Mixed Planned Unit Development (MPUD) adopted by ordinance number 2021-42, as amended. GEOGRAPHIC LOCATION: The subject property and proposed use will be situated on a 1.07 +/- acre lot located at 13707 Winchester Trail, Naples, FL 34120. This property lies on the west side of the right-of-way along Winchester Trail, within Randall at Orangetree Phase 2, Tract J, Section 12, Township 48 South, Range 27 East, Collier County, Florida. Page 103 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 2 of 10 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property. The subject property is zoned Randall Curve Mixed Planned Unit Development (MPUD). North: Undeveloped tract B in BCHD I CPUD East: Winchester Trail ROW, followed by Tract I in Randall Curve MPUD South: Undeveloped Tract K in Randall Curve MPUD West: Undeveloped Tract L of Randall Curve MPUD Page 104 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 3 of 10 Aerial Map – Collier County Property Appraiser PURPOSE AND DESCRIPTION OF PROJECT: The applicant is seeking confirmation that their proposed use of the property as a Christian Brothers Automotive facility within the Randall Curve MPUD will function as a light automotive repair and maintenance shop. They believe this use aligns with the characteristics allowed for a Gasoline Service Station by right. The facility will focus on minor services, including oil changes, tire replacements, and brake repairs, while adhering to specific criteria to ensure compatibility with the surrounding area. It will operate during standard business hours, generate less traffic than traditional gasoline stations, and exclusively service standard passenger vehicles, ensuring adequate parking and no outdoor storage. SUBJECT PROPERTY Page 105 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 4 of 10 All services will be performed in designated service bays to minimize noise and potential disruptions to the outdoor environment. Noise, glare, and odor levels will be maintained within the limits established by existing permitted uses to ensure minimal impact on nearby properties. The automotive repair shop is comparable to the permitted gasoline station and aligns with the MPUD's intended land-use framework, which does not prohibit such operations. The facility is designed to complement existing commercial businesses in the area by maintaining a professional appearance and consistent site design. All fluids and hazardous materials will be managed indoors in compliance with safety regulations and best practices. Overall, the proposed facility is planned to integrate into the local commercial environment while providing essential automotive services. Master Utility Plan Overview-Tract J SUBJECT PROPERTY Page 106 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 5 of 10 Proposed Development -Site Plan STAFF ANALYSIS: The subject property has a Future Land Use Designation of Estates, Estates ‒ Mixed-Use District, Immokalee Road/4th Street N.E. Mixed Use Subdistrict of the Rural Golden Gate Estates Sub- Element of the Golden Gate Area Master Plan (GGAMP) and the Golden Gate Estates Future Land Use Map and Map Series of the Growth Management Plan (GMP). The Immokalee Road/4th Street N.E. Mixed Use Subdistrict is 50.18± acres in size and is located on the northeast corner of Immokalee Road and 4th Street N.E. The Immokalee Road/ 4th Street N. E. Mixed Use Subdistrict is intended to provide a variety of commercial, office, and residential land uses. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). b. The rezone Ordinance must include standards for a common architectural theme as well as development standards and buffers to ensure compatibility with surrounding properties. c. Allowable uses shall be limited to those: 1. Use permitted by right and by conditional use in the C-3, Commercial Page 107 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 6 of 10 Intermediate zoning district as listed in the Collier County Land Development Code, Ordinance No. 04-41; 2. Carwashes (SIC 7542); 3. Dental Laboratories (SIC 8072) 4. Food Stores, Miscellaneous (including convenience stores with fuel pumps, warehouse clubs and discount superstores) (SIC 5411, 5499); 5. General Merchandise Stores (including warehouse clubs and discount retail superstores) (SIC 5311- 5399); 6. Lumber and Other Building Materials Dealers (including home improvement superstores) (SIC 5211); 7. Medical Laboratories (SIC 8071); 8. Membership Warehouse Clubs with Gas and Liquor; 9. Nursing and professional care facilities (SIC 8051, 8052, 8059); According to LDC Sec. 2.03.03.C, the Commercial Intermediate District (C-3) is intended to support a wider variety of goods and services in areas projected to see higher levels of automobile traffic. The proposed facility will primarily provide services like oil changes, tire replacements, brake repairs, and general light mechanical work. The design aims to adhere to professional standards while minimizing impact, ensuring it blends well with the surrounding community. To reduce potential disruptions, operations will be restricted to light mechanical work, specifically excluding heavy repairs, bodywork, and outdoor storage of vehicles or materials. A Traffic Impact Study (TIS) was conducted to assess how the proposed facility would affect traffic relative to a typical gasoline service station. The study’s key findings reveal that the facility's expected daily and peak-hour traffic will be lower than that of a gasoline service station, indicating a lower overall impact on the surrounding roadway network. Per LDC §10.02.06 K, a Comparable Use Determination (CUD) determines whether a specified use is consistent and comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. After staff evaluates the criteria in LDC Page 108 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 7 of 10 §10.02.06 K.2, the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. LDC §10.02.06 K.2. Criteria listed in bold with the applicant’s response in regular font and staff analysis in italics. A. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: Applicant Response: The proposed Christian Brothers Automotive facility within the Randall Curve MPUD functions as a light automotive repair and maintenance establishment and is consistent with the type, scale, and intensity of the Gasoline Service Station (SIC 5541) use already permitted within the MPUD. The facility will specialize in minor automotive services such as oil changes, tire replacement, brake repair, and general light mechanical work Staff Response: Staff has reviewed the applicant's proposal for the Christian Brothers Automotive facility within the Randall Curve MPUD, it is noted that the use aligns with the characteristics of other permitted uses in the zoning district. The proposed light automotive repair and maintenance services are comparable in type, scale, and intensity to the existing Gasoline Service Station (SIC 5541) currently allowed within the MPUD. The focus on minor automotive services, such as oil changes, tire replacement, brake repair, and general light mechanical work, indicates a compatible integration within the established MPUD framework. Overall, the facility appears to meet the necessary criteria for approval, ensuring it fits well within the intended purpose of the zoning district, such as: i. Operating Hours: Application Response: The proposed facility will operate within the standard business hours permitted by the Randall Curve MPUD and will not include any extended late-night or 24-hour operations, similar to the operational characteristics of permitted gasoline service stations. Staff Response: These operating hours are consistent with the permitted uses within the Randall Curve MPUD. ii. Traffic Volume Generated/Attracted: Application Response: A traffic impact study was prepared for this request, comparing the trip generation of the proposed General Automotive Repair Shop to the permitted Gasoline Service Station (SIC 5541). The analysis demonstrates both lower daily trips and lower peak-hour trips for the proposed use, resulting in a reduced traffic impact on the MPUD infrastructure and surrounding roadway network. Staff Response: Staff supports the findings of the traffic impact study; the proposed facility will have a lower overall impact on the surrounding roadway network than a gasoline service station. This Page 109 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 8 of 10 reduction in traffic volume and improved traffic patterns contribute positively to local traffic conditions, reinforcing the facility's alignment with community interests and zoning regulations. iii. Type of vehicles associated with the use: Application Response: The proposed facility services standard passenger vehicles. No heavy machinery or trucks are associated with the use. Staff Response: Staff agrees that the standard passenger vehicles being serviced at the facility are expected to have a minimal impact on the existing transportation infrastructure in connection with the proposed use. iv. Number and type of required parking spaces: Application Response: A total of 35 parking stalls are provided on-site, meeting operational needs without requiring overflow, stacking, or outdoor storage. No vehicles will be stored outdoors beyond normal customer parking. Staff Response: Staff concurs with the parking requirement of 3.5 spaces per service bay, resulting in a total of 35 spaces needed. According to LDC section 4.05.04.G, as outlined in Table 17, auto service stations must provide either 3.5 spaces per service bay or 1 space for every 250 square feet, whichever amounts to the greater number. v. Business practices and activities: Application Response: All repair and maintenance activities occur within enclosed service bays. While overhead doors may be open during working hours, all equipment and mechanical operations remain fully inside the proposed structure, ensuring appropriate containment of noise, tools, and maintenance activities. No outdoor lifts or equipment are used. Staff Response: Staff supports that all activities take place within enclosed service bays, ensuring a focus on reducing noise levels. Additionally, outdoor auto services will not be available. B. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Application Response: The operational characteristics of the proposed use will not exceed those of the already permitted gasoline service station. All equipment is located inside the service bays, minimizing noise. No outdoor equipment, vehicle storage, or materials will be present. Glare or odor impacts are not expected to exceed typical levels associated with automotive-serving commercial uses and will be less intensive than those produced by gasoline dispensing operations. Staff Response: This is consistent with the proposed use on the subject property. There will be no anticipated negative effects of noise, glare, or odor. Page 110 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 9 of 10 C. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use; and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Application Response: The proposed General Automotive Repair Shop (SIC 7538) is functionally similar to the Gasoline Service Station (SIC 5541) permitted in the MPUD and therefore remains consistent with the intent, land-use expectations, and development intensity contemplated in the MPUD’s approved framework. The future land use designation does not prohibit this type of automotive-related use and allows for commercial uses with characteristics and impacts comparable to the permitted SIC 5541 use. Staff Response: The proposed use aligns with the Growth Master Plan (GMP) since it is situated within the Estates ‒ Mixed-Use District, specifically in the Immokalee Road/4th Street N.E. Mixed- Use Subdistrict of the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan (GGAMP). Therefore, it adheres to the Future Land Use Element (FLUE). D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Application Response: The proposed facility is compatible with and complementary to the automotive-oriented and commercial uses allowed within the MPUD. The building footprint, circulation pattern, site layout, and customer flow are comparable to other low-intensity, service- oriented commercial uses. No outdoor storage, heavy equipment, or high-intensity industrial activity is proposed, maintaining compatibility with the MPUD’s development pattern. Staff Response: Staff supports the proposed facility as it aligns with the automotive-oriented and commercial uses within the MPUD. The design, including the building footprint and circulation, is consistent with low-intensity commercial operations. Furthermore, the lack of outdoor storage and high-intensity activities ensures compatibility with the existing development pattern. E. The proposed use shall be compatible with the surrounding neighborhood. Application Response: The MPUD area is planned for a mixture of commercial uses and already contains an existing 7-Eleven, McDonald’s, ALDI, AutoZone, and a Commercial Car Wash Facility. The proposed use is consistent with this emerging commercial corridor and will maintain a professional appearance, appropriately screened service bays, and site design elements consistent with surrounding development. Staff Response: Staff supports and determines that this is sufficient, as SIC 7538 aligns with the surrounding neighborhood, which already includes a mixture of commercial uses, including a gas station, car wash, and automotive retail store. F. Any additional relevant information may be required by the County Manager or designee. Page 111 of 1035 PCUD-PL20250009098 – CHRISTIAN BROTHERS AUTOMOTIVE PCUD March 26, 2026 Page 10 of 10 Application Response: All fluids are handled and stored indoors in accordance with applicable codes and industry’s best practices. No hazardous materials or waste are stored outdoors. Staff Response: Staff supports this proposed use, and it is agreed that all fluids will be handled indoors in accordance with applicable codes and industry standards. PUBLIC NOTICE: Per the LDC and Administrative Code, a Neighborhood Information Meeting (NIM), posting of a sign on the subject property, and mailing to surrounding property owners are not required. The only notice required is a newspaper advertisement for the Hearing Examiner public meeting (Administrative Code, Chapter 3L, and LDC §10.03.06. O), which was posted in the Naples Daily News on Friday, March 6, 2026. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that the proposed use of an Automotive facility defined under SIC 7538, a light automotive repair and maintenance shop, is comparable in nature to other permitted uses in the Randal Curve MPUD. The approval of this PCUD at this specific location, identified as 13707 Winchester Trail, Naples, FL 34120, shall not be construed to mean the use is permitted in a different location and with the following conditions: 1. This shall not be interpreted as allowing the operations of "tow-in parking lots" or the provision of "wrecker services, including the towing of automobiles, road assistance, and towing services." ATTACHMENTS: Attachment A: Backup Package Attachment B: Ordinance No. 21-42 Attachment C: Proposed Site Development Plan & Master Utility Plan Attachment D: Traffic Study Attachment E: Legal Ad Page 112 of 1035 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO 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. ____ Application, to include but not limited to the following: ____ Narrative of request ____ Property Information ____ Property Ownership Disclosure Form ____ Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. ____ Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) ____ Affidavit of Unified Control ____ Affidavit of Representation ____ 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) ü Include 3 thumbnail drives of video and/or audio ____ Traffic Impact Study (TIS) ____ Environmental Data ____ Historical/Archeological Survey or Waiver ____ Utility Letter ____ Deviation Justifications N/A N/A N/A N/A N/A ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Page 113 of 1035 Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides ____ Boundary Survey ____ Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. ___ Submerged Resource Surveys may be included here if required. ____ CD with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. I understand that by submitting the above materials, it is the agent’s/applicant’s responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative N/A N/A Albert Fasano, P.E. 03/05/2026 ✔ ✔ Albert C Fasano Digitally signed by Albert C Fasano DN: CN=Albert C Fasano, dnQualifier=A01410C0000018CCA6F718F0018BDB9, O=KIMLEY-HORN AND ASSOCIATES INC., C=US Date: 2026.03.05 12:03:19-05'00' Page 114 of 1035 kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 Collier County Hearing Examiner Development Review Division 2800 North Horseshoe Drive Naples, FL 34104 RE: Project Narrative – Collier County Review Project Name: Christian Brothers Automotive – Naples Folio: 69039030422 To Whom This May Concern: This narrative is provided to describe the proposed development of a Christian Brothers Automotive facility located at 13707 Winchester Trail, Naples, FL 34104. The project site consists of approximately 1.07 acres and is currently an undeveloped property. The proposed development will consist of an 10-Bay, 6,195 SF automotive repair shop facility with associated 35 parking stalls, 24’ drive aisles, a 30’ access driveway, dry detention pond, and site grading and utility improvements. The proposed stormwater system will stage in the dry detention pond and tie into a stub out to the existing stormwater system that is part of the planned development. The property is currently governed by a PUD ordinance that permits (SIC 5542) Gasoline Service Station use. While the proposed use is classified under (SIC7538) General Automotive Repair Shop, the operational characteristics of the proposed facility are similar to or less intensive than the gasoline service station use which is permitted. The CUD process will determine whether this use is considered comparable to the permitted use. If you have any questions, please do not hesitate to contact me at 772-794-4152 or aj.fasano@kimley- horn.com. Sincerely, Kimley-Horn & Associates, Inc. Albert (AJ) Fasano, P.E. Project Manager and Engineer of Record (EOR) Page 115 of 1035 Collier County Property AppraiserSummaryParcel ID69039030422Site Address13707 WINCHESTER TRLSite CityNAPLESSite Zone34120Name / AddressRCDG PARTNERS LLC11520 DAVIS DR #300CityALPHARETTAStateGAZip30009Map No. Strap No. Section Township Range Acres *Estimated3C22 585602 TR J3C22 22 48 27 1.07LegalRANDALL AT ORANGETREE PH 2 TRACT JSub./Condo585602 - RANDALL AT ORANGETREE PH2Millage Area285Use Code10 - VACANT COMMERCIALLatest Sales History(Not all Sales are listed due to Confidentiality)Date Book-Page Amount2024 Certified Tax Roll(Subject to Change)Just Values AmountLand $1,051,470(=)Total Just $1,051,470Assessed Values(=) Assessed $1,051,470Taxable Values Millage Rates(=) Taxable 12.1570 $1,051,470Tax AmountsAd Valorem Taxes $12,782.72(=)Total Tax $12,782.72Important:Do not rely on current taxes to estimate taxes after a change in ownership. A transfer may significantly affect the taxable value due to loss of exemptions,reset of Save Our Homes or the 10% Cap, and/or market changes. Use ourTax Estimatorto estimate taxes under new ownership. Values reflect conditions as of January1st each year and may differ from the actual tax bill due to millage changes or additional non-ad valorem assessments. For the most accurate and up-to-date taxinformation, please visit theCollier County Tax Collector’s Office.7/2/25, 3:13 PMCollier County Property Appraiserhttps://www.collierappraiser.com1/1Page 116 of 1035 Page 117 of 1035 Christian Brothers Automotive Corporation 100 Page 118 of 1035 Page 119 of 1035 N89°30'02"E 261.70N0°29'58"W 160.79N45°14'59" W 33.38N89°59'54"W 219.61C5C6C7C8500016.95MCK 35036 EL 16.95500116.94MND F LB8479500216.81MCR PRM LB8479500314.71MCR F LB8479500416.20MCR F LB8479500515.94MCR F LB8479502916.73MND F PCPXXXXXXX XX XXXXXXXXXXXXX1BNDY2PCP25.03516716.84MCK 5000516816.54MND F LB8479WINCHESTER TRAILTRACT R-1 (PRIVATE)16.315.916.116.316.116.116.116.416.216.316.316.716.914.515.416.917.016.315.214.014.214.916.316.114.514.215.016.315.614.316.116.416.015.814.316.116.415.913.414.015.716.516.016.813.913.916.215.916.016.016.316.416.216.216.216.516.416.317.216.616.916.316.1T49499LOADING ZONE5' CROSSWALK5' SIDEWALKFUTURE DRIVEWAY CONNECTIONEXISTING CURB INLETEXISTING CLEANOUT©CALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY ALBERT C. FASANO ON THE DATEADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNEDAND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.PROPOSED CURBPROPERTY LINEEXISTING FEMA FLOOD LINESETBACK LINEPROPOSED STANDARD DUTY ASPHALTPROPOSED HEAVY DUTY ASPHALT PAVEMENTPROPOSED HEAVY DUTY CONCRETE PAVEMENTLEGENDRIGHT OF WAY DEDICATIONEXISTING EASEMENTWETLAND LINEPROPOSED STANDARD DUTY CONCRETE SIDEWALKOPEN SPACENORTHCBA - NAPLESPREPARED FORCHRISTIAN BROTHERSAUTOMOTIVESITE DATA46,732 SF 100.00%BUILDING SETBACKS:REQUIREDPROVIDED PARKING SUMMARY 6,195 SF LANDSCAPING BUFFER:PROVIDED 46,732 SF (+/- 1.07 AC)STANDARD 33 ADA STALLS 2TOTAL 35TOTAL BICYCLE 2SIDE (SOUTH) 10.0' 122.2'REAR (WEST) 10.0' 15.7'SIDE (NORTH) 25.0' 26.0'FRONT (EAST) 10.0' 56.8'BUILDING AREA: 6,195 SF 13.26%IMPERVIOUS AREA: 20,784 SF 44.47%LANDSCAPE AREA 15,369 SF 32.89%POND AREA: 4,384 SF 9.38%PROPOSED LAND USE:LOCATION: SECTION 22, TOWNSHIP 48, RANGE 27ADDRESS: 13707 WINCHESTER TRL, NAPLES, FLPARCEL ID: 69039030422ZONING: PUDLAND USE: VACANT COMMERCIALEXISTING SITE AREA:PROPOSED SITE AREA:BUILDING AREA (1 STORY):REQUIRED PARKINGFUTURE CHRISTIAN BROTHERS AUTOMOTIVE OPTION 1:((1 SP/250 SF) * 6,195 SF BUILDING) = 25 SPACESOPTION 2:((3.5 SPACE/ BAY) * 10 BAY BUILDING) = 35 SPACESSTANDARD STALLS 33ADA STALLS 2TOTAL REQUIRED 35TOTAL BICYCLE REQUIRED 2 (35 * 0.05)REQUIRED LOADING SPACES (12'X20') 1PROVIDED LOADING SPACES (12'X20') 1 46,732 SF (+/- 1.07 AC)SIDE (SOUTH) 7.5' 10.0'REAR (WEST) 10.0' 10.0'SIDE (NORTH) 15.0' 15.0'FRONT (EAST) 10.0' 10.0'ELEVATION DATUMELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM, 1988, (N.A.V.D.)FINISHED FLOOR ELEVATIONELEVATIONS ARE BASED ON NAVD88 DATUM WITH A PUBLISHED ELEVATION OF 17.75 FEET.FEMAPROPERTY LIES WITHIN FLOOD ZONE AH 15.0 PER FLOOD INSURANCE RATE MAPCOMMUNITY PANEL #120067 0240 H DATED MAY 16, 2012.SITE NOTES1. ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS.2. CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULES,SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS, EXACT BUILDING UTILITYENTRANCE LOCATIONS AND FOR THE SITE LIGHTING ELECTRICAL PLAN.3. ALL DISTURBED AREAS ARE TO RECEIVE FOUR INCHES OF TOPSOIL, SEED, MULCH AND WATER UNTIL A HEALTHY STANDOF GRASS IS ESTABLISHED.4. ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED.5. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUTNOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORKSHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONSAND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID.6. SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BY A LAND SURVEYOR.7. TOTAL LAND AREA IS 1.07 ± ACRES.8. WETLANDS ARE NOT PRESENT.9. MONUMENT SIGN FACES SHALL BE CONSTRUCTED BY OTHERS.10. REFER TO ARCH. PLANS FOR SITE LIGHTING ELECTRICAL PLAN.11. TYPICAL 90 °PARKING STALL DEPTH IS 18' AND TYPICAL PARKING STALL WIDTH IS 9' UNLESS OTHERWISE NOTED.EXISTING CONDITIONS MAY ALTER EXACT SIZE OF PARKING STALL DEPTH AND WIDTH.12. DO NOT DISTURB EXISTING ACCESS DRIVE PAVEMENT DURING CONSTRUCTION UNLESS SHOWN ON PLANS.CONTRACTOR SHALL MAINTAIN ACCESS TO DOLLAR GENERAL AT ALL TIMES DURING CONSTRUCTION, AND SHALLCOORDINATE ANY CLOSURE ACCESS LANES WITH DOLLAR GENERAL'S GENERAL MANAGER.13. CONTRACTOR IS RESPONSIBLE TO PROTECT AND/OR REPLACE POST CONSTRUCTION ALL SURVEY MONUMENTATIONWITHIN THE PROJECT LIMITS BY A FLORIDA LICENSED LAND SURVEYOR.14. THE USES PROPOSED AS PART OF THIS SITE PLAN DO NOT REQUIRE A SUBMITTAL OF A RISK MANAGEMENT PLAN (RMP)PURSUANT TO U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS AND SHALL NOT EXCEED EPA'S RMPTHRESHOLD QUANTITIES OF LISTED SUBSTANCES.15. ALL STRIPING SHALL BE THERMOPLASTIC.16. ALL CURVES POSSESS A 2' RADIUS UNLESS OTHERWISE NOTED.SITE PLANC-100PROPOSED RIP RAP POND BOTTOMBUILDING HEIGHT :27.79'EXISTING STANDARD DUTY CONCRETE SIDEWALKPage 120 of 1035 Page 121 of 1035 Page 122 of 1035 Page 123 of 1035 Page 124 of 1035 Page 125 of 1035 Page 126 of 1035 Page 127 of 1035 Page 128 of 1035 Page 129 of 1035 Page 130 of 1035 Page 131 of 1035 Page 132 of 1035 Page 133 of 1035 Page 134 of 1035 Page 135 of 1035 Page 136 of 1035 Page 137 of 1035 Page 138 of 1035 Page 139 of 1035 Page 140 of 1035 Page 141 of 1035 Page 142 of 1035 Page 143 of 1035 Page 144 of 1035 Page 145 of 1035 Page 146 of 1035 Page 147 of 1035 Page 148 of 1035 Page 149 of 1035 Page 150 of 1035 Page 151 of 1035 Page 152 of 1035 Page 153 of 1035 Page 154 of 1035 kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 Collier County Hearing Examiner Development Review Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2408 RE: Deviation Justification – Collier County Review Project Name: Christian Brothers Automotive – Naples Folio: 69039030422 The proposed Christian Brothers Automotive facility within the Randall Curve MPUD functions as a light automotive repair and maintenance establishment and is consistent with the type, scale, and intensity of the Gasoline Service Station (SIC 5541) use already permitted within the MPUD. The facility will specialize in minor automotive services such as oil changes, tire replacement, brake repair, and general light mechanical work. The proposed development will comply with the following criteria: A. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD including but not limited to the following: i. operating hours; ii. Traffic volume generated/attracted; iii. Type of vehicles associated with the use; iv. Number and type of required parking spaces; and v. Business practicers and activities. i) Operating hours: The proposed facility will operate within the standard business hours permitted by the Randall Curve MPUD and will not include any extended late-night or 24-hour operations, similar to the operational characteristics of permitted gasoline service stations. ii) Traffic: A traffic impact study was prepared for this request, comparing the trip generation of the proposed General Automotive Repair Shop to the permitted Gasoline Service Station (SIC 5541). The analysis demonstrates both lower daily trips and lower peak-hour trips for the proposed use, resulting in a reduced traffic impact on the MPUD infrastructure and surrounding roadway network. iii) Vehicle Types: The proposed facility services standard passenger vehicles. No heavy machinery or trucks are associated with the use. iv) Parking: A total of 35 parking stalls are provided on-site, meeting operational needs without requiring overflow, stacking, or outdoor storage. No vehicles will be stored outdoors beyond normal customer parking. v) All repair and maintenance activities occur within enclosed service bays. While overhead doors may be open during working hours, all equipment and mechanical operations remain fully inside the proposed structure, ensuring appropriate containment of noise, tools, and maintenance activities. No outdoor lifts or equipment are used. Page 155 of 1035 kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 B. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. The operational characteristics of the proposed use will not exceed those of the already permitted gasoline service station. All equipment is located inside the service bays, minimizing noise. No outdoor equipment, vehicle storage, or materials will be present. Glare or odor impacts are not expected to exceed typical levels associated with automotive-serving commercial uses and will be less intensive than those produced by gasoline dispensing operations. C. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. The proposed General Automotive Repair Shop (SIC 7538) is functionally similar to the Gasoline Service Station (SIC 5541) permitted in the MPUD and therefore remains consistent with the intent, land-use expectations, and development intensity contemplated in the MPUD’s approved framework. The future land use designation does not prohibit this type of automotive-related use and allows for commercial uses with characteristics and impacts comparable to the permitted SIC 5541 use. D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. The proposed facility is compatible with and complementary to the automotive-oriented and commercial uses allowed within the MPUD. The building footprint, circulation pattern, site layout, and customer flow are comparable to other low-intensity, service-oriented commercial uses. No outdoor storage, heavy equipment, or high intensity industrial activity is proposed, maintaining compatibility with the MPUD’s development pattern. E. The proposed use shall be compatible with the surrounding neighborhood. The MPUD area is planned for a mixture of commercial uses and already contains an existing 7-Eleven, McDonald’s, ALDI, AutoZone, and a Commercial Car Wash Facility. The proposed use is consistent with this emerging commercial corridor and will maintain a professional appearance, appropriately screened service bays, and site design elements consistent with surrounding development. F. Additional Relevant Information All fluids are handled and stored indoors in accordance with applicable codes and industry best practices. No hazardous materials or waste are stored outdoors. Page 156 of 1035 kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 772 794 4100 If you have any questions, please do not hesitate to contact me at 772-794-4152 or aj.fasano@kimley- horn.com. Sincerely, Kimley-Horn & Associates, Inc. Albert (AJ) Fasano, P.E. Project Manager and Engineer of Record (EOR) Page 157 of 1035 Page 158 of 1035 Page 159 of 1035 Page 160 of 1035 Page 161 of 1035 Page 162 of 1035 Page 163 of 1035 Page 164 of 1035 Page 165 of 1035 Page 166 of 1035 Page 167 of 1035 Page 168 of 1035 Page 169 of 1035 Page 170 of 1035 Page 171 of 1035 Page 172 of 1035 Page 173 of 1035 Page 174 of 1035 Page 175 of 1035 Page 176 of 1035 Page 177 of 1035 Page 178 of 1035 ORDINANCE NO. 2021 - 4 2 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 AN ESTATES (E) ZONING DISTRICT TO A MIXED-USE PLANNED UNIT DEVELOPMENT MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS RANDALL CURVE MPUD, TO ALLOW DEVELOPMENT OF UP TO 400 DWELLING UNITS, AND 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT, EXCEPT PUBLIC USES ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR AREA LIMITATIONS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD AND 4TH STREET N.E., IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 29 EAST, CONSISTING OF 50±ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002356] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor& Associates, Inc. and Richard D. Yovanovich, Esq., representing Richard D. Yovanovich, Esq. as Successor Trustee of the Land Trust 850.024, under Land Trust Agreement dated December 1, 2005, and of the Land Trust 850.031, under Land Trust Agreement dated December 1, 2005, and of the Land Trust Agreement dated June 10, 2009 known as Trust Number 850.045, and of the Golden Gate Boulevard West Trust, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 22, Township 48 South, Range 29 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Mixed-Use Planned Unit Development (MPUD) for a 50± acre project 20-CPS-02002/1668115/1]162 Randall Curve/PL20190002356 Page 1 of 2 10/12/21 Page 179 of 1035 to be known as Randall Curve MPUD, to allow development of a maximum of 400 dwelling units and 150,000 square feet of commercial development, except public uses are not subject to the maximum gross floor area limitations, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021 - 3 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County 441 Commissioners of Collier County, Florida, this t day of 0 (AV/at( 2021. ATTEST:. `4 '""BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIE C TY, FLORI B y By: Attest as to Chairman's , putt c PENNY 1XYLOR, Chairman signature only. Approved as to form and legality: Cat 4/ ti' 1 He di F. Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description Exhibit E: Deviations Exhibit F: Development Commitments This ordinance filed with the Secretary of State's Offi a the NI1'14 day of CW eY,' 2-1 and acknowledgement pf that filing received this _ day beauty- fey 20-CPS-02002/1668115/1]162 Randall Curve/PL20190002356 Page 2 of 2 10/12/21 Page 180 of 1035 EXHIBIT A RANDALL CURVE MPUD PERMITTED USES A maximum of 400 residential dwelling units and 150,000 square feet of gross commercial floor area shall be permitted within the MPUD. Public uses and residential uses are not subject to the 150,000 square feet of gross commercial floor area limitation. 10,000 square feet of commercial development must receive its Certificate of Occupancy(CO) prior to any CO's being issued for the 400 residential units authorized by the MPUD. The uses are subject to the trip cap identified in Exhibit F, Section 3.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: COMMERCIAL(C): A. Principal Uses (SIC In Parenthesis): 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code LDC), Ordinance 04-41, as amended); and 2. Carwashes; and 7542) 3. Dental Laboratories; and 8072) 4. Medical Laboratories; and 8071) 5. Motor freight transportation and warehousing (air-conditioned 4225) mini-and self-storage warehousing only); and 6. Nursing and professional care facilities; and 8051, 8052, 8059) 7. 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. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 1 of 17 Page 181 of 1035 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 (R): A. Principal Uses: 1. Dwelling Units: single family detached, zero lot line, two family attached, townhouse and multi-family 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. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. 3. Water management facilities to serve the project such as lakes. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 5. 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. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 2 of 17 Page 182 of 1035 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. PUBLIC(P): Accommodates local, state and federally owned or leased and operated government facilities. A. Principal Uses: 1. Administration of housing and urban planning and community and rural development (Group 9531, 9532) 2. General government services Groups 9111— Executive offices 9121— Legislative bodies 9131—Executive and legislative offices combined 9199—General government, not elsewhere classified 3. Land, mineral, wildlife, and forest conservation (Group 9512) 4. Veterans affair office (Group 9451) 5. 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: Randall Curve MPUD(PL20190002356) October 26, 2021 Page 3 of 17 Page 183 of 1035 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 CPUD as determined by the BZA or the Hearing Examiner. C. Prohibited Uses: 1. Probation, parole and corrections uses shall be prohibited. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 4 of 17 Page 184 of 1035 EXHIBIT B RANDALL CURVE MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Randall Curve 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.COMMERCIAL AND PUBLIC: PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM SETBACKS (External) From 4th St N.E. ROW 75 ft. SPS From Immokalee Road ROW 25 ft. SPS From Northern Project Boundary 25 ft. **** 15 ft. **** MINIMUM SETBACKS (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 35 ft. 45 ft. 35 ft.45 ft. Office Buildings, Self-Storage, and Hotel/Motel 45 ft. 55 ft. 35 ft.45 ft. MINIMUM FLOOR AREA(ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL 150,000 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. Excludes the one acre 'P' tract. May be reduced to zero feet if developed as a unified plan with the adjacent property to the north and no landscape buffer shall be required between uses. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 5 of 17 Page 185 of 1035 II. RESIDENTIAL: PRINCIPAL STRUCTURES*6 SINGLE ZERO LOT TWO FAMILY TOWNHOUSE MULTI- AMENITY FAMILY LINE ATTACHED (PER UNIT)FAMILY AREA*4 DETACHED Minimum Floor Area per unit 750 SF 750 SF 750 SF 750 SF 684 SF N/A Minimum Lot Area 4,000 SF 3,500 SF 3,500 SF 1,440 SF 43,560 SF N/A Minimum Lot Width 40 feet 35 feet 35 feet 18 feet N/A N/A Minimum Lot Depth 100 feet 100 feet 100 feet 80 feet N/A N/A Minimum Setbacks Front Yard *2 20 feet 20 feet 20 feet 20 feet 20 feet 15 feet Side Yard 5 feet 0 or 10 feet 0 or 5 feet 0 or 10 feet*1 0/10 feet*1 15 feet Rear Yard 10 feet 10 feet 10 feet 15 feet 15 feet 15 feet Preserve 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet PUD Boundary(West) 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet*5 Minimum Distance Between 10 feet 10 feet 10 feet 20 feet 20 feet N/A Buildings Maximum Building Height Zoned 35 feet 35 feet 35 feet 45 feet 55 feet 25 feet Actual 40 feet 40 feet 40 feet 50 feet 65 feet 35 feet ACCESSORY STRUCTURES*6 Minimum Setbacks Front Yard *2 SPS SPS SPS SPS 15 feet 10 feet Side Yard SPS SPS SPS 10 feet 10 feet 10 feet Rear Yard *3 5 feet 5 feet 5 feet 10 feet 10 feet 10 feet Preserve 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet PUD Boundary(West) 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet*7 Minimum Distance Between 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet N/A Buildings*8 Maximum Building Height Zoned 35 feet 35 feet 35 feet 35 feet 35 feet 25 feet Actual 40 feet 40 feet 40 feet 45 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—Single-family unit types-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 internal 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 100 feet of the northern or western PUD boundary. 8—Zero feet if attached, 10 feet if detached. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 6 of 17 Page 186 of 1035 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. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 7 of 17 Page 187 of 1035 II VEHICULAR/PEDESTRIAN ZONED:E,ESTATES ZONED:BCHDICPUD INTERCONNECTION USE:COMMERCIALUSE:UNDEVELOPED RESIDENTIAL W - W -y ,I. - Y y ,- W w w W PRESERVE * * * w ) I 1 I WWWWWWWWWW . W W -IC/P/i4)1 1_,• I 1o it 10'WIDE TYPE W y y BUFFER(SEE LANDSCAPE y MINIMUM 6-FOOT WIDE III NOTE#3) 1 W LANDSCAPE BUFFER 11' RESERVATION I SEE NOTE#2) R I I I' ZpNED:ORANGETREE PUDZONED:E,ESTATES to C tT1 1 2 3 L1SE:UNDEVELOPEDUSE:RESIDENTIAL m Wmw COMMERCIAL C W W W 4AMENITY 8 1U // / pD -n AREA tT1 GENERAL 1 n 1 W LOCATION) I K K I e r j 20'WIDE TYPE D'LANDSCAPE P K .tn BUFFER z I •.,...y 5 L R' ZMINIMUM10-FOOTWIDETYPED' LANDSCAPE BUFFER1SEEBUFFER COMMITMENT I EXHIBIT F,ITEM 4.d.) / l' / / /: i' f 1 238 j / C4 c——1 •EREEPUD RESIDENTIAL MI EM T SEE BUFFER ZONED:E,ESTATES W ' / / 7-',/ / / COMMITMENT N USE:RESIDENTIAL IL I j j% j / ( EXHIBIT F, // W ' / / R ITEM 4.d.) o I SEEBF \ER\ 7 i FZ j / COMMITMENT \ R LEGEND EXHIBIT F, DEVIATION 20'WIDE TYPE I I / j ITEM 4.d.) 5 w 20'WIDE TYPED'LANDSCAPE R RESIDENTIAL BUFFER D'LANDSCAPE C COMMERCIAL J/ / BUFFER P PUBLIC u9 POTENTIAL 6 PEDESTRIAN INTERCONNECTION 7 Q EXISTING C.A.T. ZONED:E,ESTATES 7 P ELOP / BUS STOP USE:UNDEVELOPED RESIDENTIAL 7 O(. / N o 7 ZONED:ORANGETREE PUD lv I/ USE:COMMERCIAL a i 0 150' 300' SCALE: 1" 0. 300' WHEN PLOTTED @ 8.5"X 11" RANDALL CURVE MPUD SCALE B 65=1 113 GradyMinor Q.e ae.6nHt,.NNB1100klalDelFA oeRCoeE°° BBB d Del I3yeoluaspmg6.neaae34134 EXHIBIT C DATE: lMASTERPLANoao uu Civil Engineers • Land Surveyors • Planners . Landscape Architects TILE NAME. O Cert.of Auto.EB 0005151 Cert.of Aut.LB 0005151 BueBiese LC 20000260 wcwo-19 EXHIBIT C-H6 REVISED: 10/11/2021 Bonita Springs:239.947.1144 w w w.Gratyllinnr.con, Fort Myers:239.690.4388 SHEET 1 OF 2 Page 188 of 1035 SITE SUMMARY TOTAL SITE AREA: 50.18±ACRE COMMERCIAL (C)17±AC (34%) RESIDENTIAL (R) 19.5±AC (39%) PUBLIC (P) 1.0±AC (2%) 4TH STREET N.E. ROW 1.57±AC (3%) WATER MANAGEMENT 2.8±AC (6%) LANDSCAPE BUFFERS 1.71±AC (3%) PRESERVE 6.6±AC (13%) RESIDENTIAL: MAXIMUM 400 DWELLING UNITS COMMERCIAL: MAXIMUM 150,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 6.6 ACRES (43.9±ACRES NATIVE VEGETATION X 0.15) PROVIDED: 6.6 ACRES DEVIATIONS FROM THE LDC: (REFER TO EXHIBIT E) 1. SECTION 5.05.05 D.2.a., FACILITIES WITH FUEL PUMPS T. SECTION 5.05.05 D.2.b., FACILITIES WITH FUEL PUMPS 3. SECTION 5.05.05 B.1., FACILITIES WITH FUEL PUMPS 4. SECTION 6.06.01, STREET SYSTEM REQUIREMENTS 5. SECTION 5.06.04 F.3., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION SECTION 5.06.02 B.14., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 7. SECTION 5.06.02 B.14.b., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 8. SECTION 5.06.04 F.1., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 9. SECTION 6.06.01 J., STREET SYSTEM REQUIREMENTS 10. SECTION 5.03.02 H., FENCES AND WALLS, EXCLUDING SOUND WALLS 11. SECTION 6.06.02 A.1., SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6'WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. 3. 10 FOOT WIDE TYPE 'A' LANDSCAPE BUFFER IF PROJECT TO THE NORTH IS DEVELOPED WITH COMMERCIAL, OTHERWISE, A 15 FOOT WIDE TYPE'B' LANDSCAPE BUFFER IS REQUIRED. RANDALL CURVE MPUD SCALE: Gra dyMinor V-Crady 6,111pP:ula MBo1:Ix1eB.P..\. Del ReyIIIIIII\IDel Kry O nomlB surlKB.nul•me sa lay EXHIBIT C MASTER PLAN NOTES DATER Civil Engineers . Land Surveyors . Planners . Landscape Architects Gelt.orAutli.Eu OIX15151 Cert of ioal.LB 00115151 5,,I,lcar 1.1:YIi0002GG PORR-t9 Ex BIBii C-B6 dREVISED: 10/08/2021 Bonita Springs,239.947.1144 6B B.Ow ro a, Fool Myers:239 690.4380 SHEET 2 OF 2 Page 189 of 1035 EXHIBIT D RANDALL CURVE MPUD LEGAL DESCRIPTION PARCEL 1 A PORTION OF TRACT"A" GOLDEN GATE ESTATES, UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT"A"GOLDEN GATE ESTATES, UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT;THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46°58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00°29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58"WEST,A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079,PAGE 1358 AND LYING WITHIN TRACT"A",GOLDEN GATE ESTATES, UNIT 22,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE WEST LINE OF SAID TRACT"A",SOUTH 00°29'58" EAST,A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89°59'48" EAST,A DISTANCE OF 426.54 FEET; 2)THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT;THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET,A CENTRAL ANGLE OF 10°56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET)TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179,THE SAME BEING THE WEST LINE OF SAID TRACT"A";THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00°29'58"WEST,A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 10 of 17 Page 190 of 1035 EXHIBIT E RANDALL CURVE MPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 5.05.05 D.2.a., "Facilities with Fuel Pumps" which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the facility with fuel pumps is located within 250 feet of any residential building, located within the MPUD. See also Exhibit F, 7.a. DEVIATION 2: Relief from LDC Section 5.05.05 D.2.b., "Facilities with Fuel Pumps",which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of#10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of#10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. This deviation will instead allow this MPUD to provide to provide a 15-foot wide type `B' landscape buffer planted with minimum 14-foot-high canopy trees (6-8' spread and 3-4" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 11 of 17 Page 191 of 1035 DEVIATION 3: Relief from LDC Section 5.05.05 B.1., "Facilities with Fuel Pumps -Table of site design requirements", which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. DEVIATION 4: Relief from LDC Section 6.06.01, "Street System Requirements",which 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 private Right-of-Way. DEVIATION 5: Relief from LDC Section 5.06.04 F.3., "Directory Signs", which requires Multiple- occupancy parcels or multiple parcels developed under a unified development plan , with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow two directory signs which may include signage for the commercial tenants and residential component of the project. DEVIATION 6: Relief from LDC section 5.06.02 B.14., "Boundary Marker Sign", which allows residential developments to have one boundary marker sign or monument structure to be located at each property corner, to instead allow a mixed-use project to have one boundary marker for the residential component sign at a single corner.The boundary marker sign shall include the logo and/or residential component project name. DEVIATION 7: Relief from LDC Section 5.06.02 B.14.b., "Boundary Marker Sign", which provides "The sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located", to instead allow the boundary marker sign located at the intersection of Immokalee Road and 4th Street to be a maximum of 30 square feet in area. DEVIATION 8: Relief from LDC Sections 5.06.04 F.1., "Ground Signs", which allows each non- residential single occupancy or multi-occupancy parcel or tract to have a single ground sign along a public street, to instead also allow such parcels or tracts abutting Immokalee Road 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. The second sign shall be limited to 6 feet in height from parking lot grade and 25 square feet in sign area. Primary signage on Immokalee Road is limited to a maximum 60 square feet in size and 10 feet in height. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 12 of 17 Page 192 of 1035 DEVIATION 9: Relief from LDC Section 6.06.01 J., "Street System Requirements", which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de sac. A temporary turn-around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150 feet, then an approved fire district turn- around is required. DEVIATION 10: Relief from LDC Section 5.03.02 H., "Wall Requirements between Residential and Non-Residential Development", which requires a masonry wall, concrete or pre-fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non-residential development internal to the PUD and allow a hedge in addition to the type 'D' buffer in lieu of a wall to be constructed on the residential parcel in a 10 foot wide buffer. The supplemental hedge shall be 4 feet at the time of planting and planted on 4 foot centers. DEVIATION 11: Relief from LDC Section 6.06.02 A.1., "Sidewalks and Bike Lanes",which requires a sidewalk to be constructed within public and private rights-of-way or easements adjacent to the site,to instead allow a portion of a required sidewalk to be constructed along the preserve's perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 13 of 17 Page 193 of 1035 EXHIBIT F RANDALL CURVE 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 Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142- 1087. 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. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and glare (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. Interconnections identified on the Master Plan may be standard lighting for residential development. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 14 of 17 Page 194 of 1035 3. TRANSPORTATION a. The maximum total daily trip generation for the PUD shall not exceed 753 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. Vehicular and Pedestrian interconnection will be provided to the north to allow access to all connection points with BCHD I CPUD, consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross-access easement will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnection shall remain open to the public. c. The developer shall provide right turn lanes at each project entrance, and directional left turn lanes which shall be designed per the Collier County LDC. Compensatory right-of-way shall not be required for each turn lane. 4. LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6- foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. b. A 10 foot wide type 'A' landscape buffer is required along the northern perimeter if project to the north is developed with commercial, otherwise, a 15 foot wide type 'B' landscape buffer is required except where developed under a unified plan in which no buffer is required. c. The 4th Street N.E. landscape buffer adjacent to the preserve shall include a hedge that is installed at a height of six feet. d. The development along the water management lake shall provide a 20-foot-wide Type C Landscape Buffer between the water management lake, residential parcel,and the rear of the commercial parcel. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 15 of 17 Page 195 of 1035 5. ENVIRONMENTAL a. The MPUD shall be required to preserve 15% of native vegetation. 43.9± acres of native vegetation exist on-site requiring a minimum preservation of 6.6± acres (43.9 X .15 = 6.6). A minimum of 6.6± acres of native vegetation shall be retained on-site. b. A management plan for Florida Black Bear and Fox Squirrel shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. 6. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. Outdoor music and televisions shall be limited to the areas facing Immokalee Road. There will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m. weekdays and 10 p.m. and 8 a.m. on weekends. c. Dumpsters located within 250 feet of external residential units shall be oriented away from the external residential units at the greatest extent possible. d. Delivery bays shall not abut external residential development. e. All pole lighting shall be limited to full cut-off shields. 7. PLANNING a. When the auto service bay overhead doors are oriented internally toward the residential development tract, a solid wall with a minimum height of six (6) feet shall be installed between the service bay and the residential tract. Landscaping shall be installed on the external side of the solid wall. b. All buildings constructed within the MPUD shall have common architectural theming elements which may include roof treatments, signage, color scheme and similar unifying design elements at time of SDP. c. Developer, on behalf of itself, it successors and assigns (including any and all future owners and tenants, both commercial or residential,within the development), hereby(1) waives any and all claims for compensation and damages, including but not limited to future business damages and loss of access, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Developer a separate written notice of the planned flyover with the statement that the County will not Randall Curve MPUD(PL20190002356) October 26, 2021 Page 16 of 17 Page 196 of 1035 construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. d. 10,000 square feet of commercial development must receive its Certificate of Occupancy CO) prior to any CO's being issued for the 400 residential units authorized by the MPUD. 8. WATER MANAGEMENT a. The water management system serving development within the MPUD shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the MPUD. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). 9. AFFORDABLE HOUSING a. Forty (40) units will be income and rent restricted. The forty (40) units will be designated for households whose incomes are between 81% and 120% of the Area Median Income AMI) for Collier County. These units will be committed for a period of 30 years and AMI rent limit adjustments will be made on an annual basis according to the most recent Collier County Board approved Table of Rental Rates for each income category and the number of bedrooms in the unit. Randall Curve MPUD(PL20190002356) October 26, 2021 Page 17 of 17 Page 197 of 1035 1" M11 Aoft 4. FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 3, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-42, which was filed in this office on November 3, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Page 198 of 1035 N89°30'02"E 261.70N0°29'58"W 160.79N45°14'59"W 33.38N89°59'54"W 219.61C5 C6 C7 C8 500016.95MCK 35036 EL 16.95500116.94MND F LB8479500216.81MCR PRM LB8479500314.71MCR F LB8479500416.20MCR F LB8479500515.94MCR F LB8479502916.73MND F PCPBOXXX X XXXXXXXXXXXXXXXXXX1BNDY2PCP25.03516716.84MCK 5000516816.54MND F LB8479WINCHESTE R T R A I L TRACT R-1 (P R I V A T E )16.315.9 16.116.316.116.116.11 6 . 4 1 6 . 2 1 6 . 3 1 6 . 3 1 6 . 7 1 6 . 9 1 4 . 5 1 5 . 4 16.91 7 . 0 1 6 . 315.21 4 . 0 14.214.9 16.316.114.514.2 15.016.315.614.3 16.116.416.0 15.8 14.316.1 16.415.913.414.015.716.5 16.016.813.913.9 16.215.916.016.016.3 16.416.2 16.21 6 . 2 1 6 . 5 1 6 . 416.31 7 . 2 1 6 . 6 1 6 . 9 16.316.1T49499LOADING ZONE5' CROSSWALK5' SIDEWALKFUTURE DRIVEWAY CONNECTIONEXISTING CURB INLETEXISTING CLEANOUT©Know what'sbelow.Callbefore you dig.CALL 48 HOURSBEFORE YOU DIGIT'S THE LAW!DIAL 811SUNSHINE STATE ONE CALL OF FLORIDA, INC.THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY ALBERT C. FASANO ON THE DATE ADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.PROPOSED CURBPROPERTY LINEEXISTING FEMA FLOOD LINESETBACK LINEPROPOSED STANDARD DUTY ASPHALTPROPOSED HEAVY DUTY ASPHALT PAVEMENTPROPOSED HEAVY DUTY CONCRETE PAVEMENTLEGENDRIGHT OF WAY DEDICATIONEXISTING EASEMENTWETLAND LINEPROPOSED STANDARD DUTY CONCRETE SIDEWALKOPEN SPACENORTHCBA - NAPLES PREPARED FOR CHRISTIAN BROTHERS AUTOMOTIVE SITE DATA46,732 SF 100.00%BUILDING SETBACKS:REQUIREDPROVIDED PARKING SUMMARY 6,195 SF LANDSCAPING BUFFER:PROVIDED 46,732 SF (+/- 1.07 AC)STANDARD 33 ADA STALLS 2TOTAL35TOTAL BICYCLE 2SIDE (SOUTH) 10.0' 122.2'REAR (WEST) 10.0' 15.7'SIDE (NORTH) 25.0' 26.0'FRONT (EAST) 10.0' 56.8'BUILDING AREA: 6,195 SF 13.26%IMPERVIOUS AREA: 20,784 SF 44.47%LANDSCAPE AREA 15,369 SF 32.89%POND AREA: 4,384 SF 9.38%PROPOSED LAND USE:LOCATION: SECTION 22, TOWNSHIP 48, RANGE 27ADDRESS: 13707 WINCHESTER TRL, NAPLES, FLPARCEL ID: 69039030422ZONING: PUDLAND USE: VACANT COMMERCIALEXISTING SITE AREA:PROPOSED SITE AREA:BUILDING AREA (1 STORY):REQUIRED PARKINGFUTURE CHRISTIAN BROTHERS AUTOMOTIVE OPTION 1:((1 SP/250 SF) * 6,195 SF BUILDING) = 25 SPACESOPTION 2:((3.5 SPACE/ BAY) * 10 BAY BUILDING) = 35 SPACESSTANDARD STALLS 33ADA STALLS 2TOTAL REQUIRED 35TOTAL BICYCLE REQUIRED 2 (35 * 0.05)REQUIRED LOADING SPACES (12'X20') 1PROVIDED LOADING SPACES (12'X20') 1 46,732 SF (+/- 1.07 AC)SIDE (SOUTH) 7.5' 10.0'REAR (WEST) 10.0' 10.0'SIDE (NORTH) 15.0' 15.0'FRONT (EAST) 10.0' 10.0'ELEVATION DATUMELEVATIONS ARE BASED ON NORTH AMERICAN VERTICAL DATUM, 1988, (N.A.V.D.)FINISHED FLOOR ELEVATIONELEVATIONS ARE BASED ON NAVD88 DATUM WITH A PUBLISHED ELEVATION OF 17.75 FEET.FEMAPROPERTY LIES WITHIN FLOOD ZONE AH 15.0 PER FLOOD INSURANCE RATE MAPCOMMUNITY PANEL #120067 0240 H DATED MAY 16, 2012.SITE NOTES1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS.2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULES,SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS, EXACT BUILDING UTILITYENTRANCE LOCATIONS AND FOR THE SITE LIGHTING ELECTRICAL PLAN.3.ALL DISTURBED AREAS ARE TO RECEIVE FOUR INCHES OF TOPSOIL, SEED, MULCH AND WATER UNTIL A HEALTHY STANDOF GRASS IS ESTABLISHED.4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED.5.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUTNOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORKSHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONSAND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID.6.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BY A LAND SURVEYOR.7.TOTAL LAND AREA IS 1.07 ± ACRES.8.WETLANDS ARE NOT PRESENT.9.MONUMENT SIGN FACES SHALL BE CONSTRUCTED BY OTHERS.10.REFER TO ARCH. PLANS FOR SITE LIGHTING ELECTRICAL PLAN.11.TYPICAL 90 °PARKING STALL DEPTH IS 18' AND TYPICAL PARKING STALL WIDTH IS 9' UNLESS OTHERWISE NOTED.EXISTING CONDITIONS MAY ALTER EXACT SIZE OF PARKING STALL DEPTH AND WIDTH.12.DO NOT DISTURB EXISTING ACCESS DRIVE PAVEMENT DURING CONSTRUCTION UNLESS SHOWN ON PLANS.CONTRACTOR SHALL MAINTAIN ACCESS TO DOLLAR GENERAL AT ALL TIMES DURING CONSTRUCTION, AND SHALLCOORDINATE ANY CLOSURE ACCESS LANES WITH DOLLAR GENERAL'S GENERAL MANAGER.13.CONTRACTOR IS RESPONSIBLE TO PROTECT AND/OR REPLACE POST CONSTRUCTION ALL SURVEY MONUMENTATIONWITHIN THE PROJECT LIMITS BY A FLORIDA LICENSED LAND SURVEYOR.14.THE USES PROPOSED AS PART OF THIS SITE PLAN DO NOT REQUIRE A SUBMITTAL OF A RISK MANAGEMENT PLAN (RMP)PURSUANT TO U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS AND SHALL NOT EXCEED EPA'S RMPTHRESHOLD QUANTITIES OF LISTED SUBSTANCES.15.ALL STRIPING SHALL BE THERMOPLASTIC.16.ALL CURVES POSSESS A 2' RADIUS UNLESS OTHERWISE NOTED.SITE PLANC-100PROPOSED RIP RAP POND BOTTOMBUILDING HEIGHT :27.79'EXISTING STANDARD DUTY CONCRETE SIDEWALKPage 199 of 1035 XWM XWM AAAAAA XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XW M XWM XW M XW M X W M XW M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M X W M XW M XW M XW M XW M XW M XW M XW M XW M XW M XW M XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XWM XFM XFM XFM X FM X FM X FM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM X FM X FM X FM X FM X FM X FM XFM X FM X FM X FM X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M X F M XF M XF M XF M XF M XF M XF M XF M XF M XF M XF M XF M XF M XFM XFM XF M XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM XFM ASCALE:1" = 100' T T TTFDFUTURE DEVELOPMENT (TRACT "E") (0.98 AC) FUTURE DEVELOPMENT (TRACT "F") (1.27 AC) FUTURE DEVELOPMENT (TRACT "L") (32.93 AC) FUTURE DEVELOPMENT (TRACT "D") (1.33 AC) LAKE # 1 C.E. = 12.10 FT-NAVD (AREA @ C.E. = 2.9 AC.) LAKE # 2 C.E. = 11.75 FT-NAVD (AREA @ C.E. = 1.7 AC.)COLLIER COUNTY NATIVE VEGETATION PRESERVE (6.6 AC)AAAAAAAA X X X X X X X X X X X AATFDFUTURE DEVELOPMENT (TRACT "A") (1.24 AC) FUTURE DEVELOPMENT (TRACT "G") (1.84 AC) FUTURE DEVELOPMENT (TRACT "B") (0.98 AC) FUTURE DEVELOPMENT (TRACT "C") (1.04 AC) FUTURE DEVELOPMENT (TRACT "J") (1.07 AC) FUTURE DEVELOPMENT (TRACT "K") (1.00 AC) FUTURE DEVELOPMENT (TRACT "H") (1.63 AC) FUTURE DEVELOPMENT (TRACT "I") (1.72 AC) X X X X 1 1 1 1 1 4TH STREET NE (PUBLIC / COLLIER COUNTY A.E.) EXISTING SINGLE FAMILY RESIDENTIAL (E)VACANT / FUTURE SINGLEFAMILY RESIDENTIAL (E)VACANT / FUTURE COMMERCIAL (CPUD) ORANGETREE (SINGLE FAMILY RESIDENTIAL) (MPUD) IM M O K A L E E R O A D (P U B L I C / C O L L I E R C O U N T Y R . O . W . )175' PUBLI C C OLLI E R COU NT Y R. O. W. HOT TAP EX. 16" FORCE MAIN (REF. PLAN AND PROFILE FOR DETAILS) EX. 16" FORCE MAIN 6" PVC FORCE MAIN 6" PVC FORCE MAIN 6" PLUG VALVE 6" PVC FORCE MAIN HOT TAP EX. 36" WATER MAIN WITH TAPPING SLEEVE AND VALVE. INSTALL TEMPORARY BACTERIAL SAMPLE POINT AND CONNECT UTILIZING TEMPORARY BACKFLOW PREVENTER OR GAP CONFIGURATION AT THE DISCRETION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT 12" GATE VALVE FIRE HYDRANT ASSEMBLY (TYP) 12" PVC WATER MAIN 8" GATE VALVE 8" PVC WATER MAIN 12" PVC WATER MAIN 12" PVC WATER MAIN 12" TEMPORARY BLOW-OFF (3) 12" GATE VALVE 8" PVC WATER MAIN FIRE HYDRANT ASSEMBLY (TYP) (2) 8" GATE VALVE 10" GATE VALVE 10" PVC WATER MAIN 8" PVC WATER MAIN 8" TEMPORARY BLOW-OFF W/ TBSP AUTOMATIC FLUSHING DEVICE 8" TEMPORARY BLOW-OFF W/ TBSP FIRE HYDRANT ASSEMBLY (TYP) 8" PVC WATER MAIN (3) 8" GATE VALVE (3) 8" GATE VALVE 8" TEMPORARY BLOW-OFF 8" TEMPORARY BLOW-OFF HOT TAP EX. 36" WATER MAIN WITH TAPPING SLEEVE AND VALVE. INSTALL TEMPORARY BACTERIAL SAMPLE POINT AND CONNECT UTILIZING TEMPORARY BACKFLOW PREVENTER OR GAP CONFIGURATION AT THE DISCRETION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT 10" GATE VALVE SSMH #: 1 8" PVC SANITARY SEWER SSMH #: 2 8" PVC SANITARY SEWER SSMH #: 3 SSMH #: 4 8" PVC SANITARY SEWER SSMH #: 5 8" PVC SANITARY SEWER SSMH #: 6 (DROP MH) SSMH #: 7 10" PVC SANITARY SEWER SSMH #: 8 10" PVC SANITARY SEWER SSMH #: 9 SSMH #: 10 10" PVC SANITARY SEWER SSMH #: 11 10" PVC SANITARY SEWER SSMH #: 12 10" PVC SAN I T A R Y S E W E R SSMH #: 13 SSMH #: PUMP STATION SSMH #: 14 8" PVC SANITARY SEWER PUMP STATION FENCE 55'x45' C.U.E. 15' C.U.E. 15' C.U.E. 15' C.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. EX. 36" WATER MAIN EX. 36" WATER MAIN EX. 16" FORCE MAIN EX. 36" WATER MAIN EX. 16" FORCE MAINELAINE DRIVE(PRIVATE R.O.W.)WI N C H E S T E R T R A I L (P R I V A T E R . O . W . )ISABEL LANE(PRIVATE R.O.W.)EXISTING CHLORAMINE BOOSTER STATION TO BE REMOVED BY COLLIER COUNTY ORANGETREE (COMMERCIAL) (MPUD) TBSP FIRE HYDRANT ASSEMBLY W/ TBSP (TYP) WATER MAIN ARV 8" PVC SANITARY SEWER 8" PVC SANITARY SEWER 6" TAPPING VALVE TBSP PBSP WATER MAIN ARV 8" PVC SANITARY SEWER 10' P.U.E. WATER MAIN ARV 8" PVC SANITARY SEWER 12"x8" REDUCER 12"x8" REDUCER FIRE HYDRANT ASSEMBLY W/ TBSP (TYP) 8" PVC SANITARY SEWER 8" PVC SANITARY SEWER 8" PVC SANITARY SEWER PROPERTY BOUNDARY (TYP) PROPERTY BOUNDARY (TYP) IMPROVEMENTS WITHIN COLLIER COUNTY R.O.W. ARE SHOWN FOR COORDINATION PURPOSES ONLY. REFERENCE THE R.O.W. PERMIT PLANS FOR CONSTRUCTION WITHIN COLLIER COUNTY R.O.W.s. A COLLIER COUNTY R.O.W. PERMIT IS REQUIRED PRIOR TO CONSTRUCTION WITHIN COUNTY R.O.W. WATER MAIN ARV FIRE HYDRANT ASSEMBLY (TYP) FIRE HYDRANT ASSEMBLY (TYP) (2) 12" GATE VALVE 12" PVC SANITARY SEWER 10' P.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. 10' P.U.E. 20' C.U.E. 10' P.U.E. AUTOMATIC FLUSHING DEVICE 8" PVC SANITARY SEWER SSMH #: 15 SSMH #: 16 8" PVC SANITARY SEWER 8" PVC SANITARY SEWER FIRE HYDRANT ASSEMBLY (TYP) COLLIER COUNTY ACCESS EASEMENT (1.57 AC) 2 2 EX. 30' ACCESS EASEMENT 2 REVISIONS: No:Revision:Date: 1 REVISED PER COLLIER COUNTY COMMENTS DATED 12/13/21 01/01/22 2 REVISED PER COLLIER COUNTY COMMENTS DATED 03/07/22 03/08/22 00 25'50'100'200'300' Bar Scale: 1" = 100' CIVIL ENGINEERING · LANDSCAPE ARCHITECTURE · ENVIRONMENTAL CONSULTING · LAND PLANNING · SITE PLANNING · CONSTRUCTION MANAGEMENT · OWNER REPRESENTATIVE PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: PROFESSIONAL SEALS: Sheet Number:of File Number: Project Number: Vertical Scale: Horizontal Scale: Date: Drawn by: Designed by: City B 1 1 E D C A County:[Save Date: 4/6/2022 5:10:20 PM] [Saved By: AAvila] [Plot Date: 4/7/2022 8:31:04 AM] [Plotted By: Alejandro Avila] [Original Size: 24x36] [Drawing Path: P:\Active_Projects\P-DAGP-002\002_Randall_Curve_PPL\Drawings-Civil\Active\Sheet_Files\P-DAGP-002-002-112UP.dwg]2 2 3 3 4 4 5 5 6 6 PROFESSIONAL ENGINEER: FLORIDA LICENSE NUMBER: SEC:RGE:TWP: NOTES: GROGHQ GDWH PDUNZD\ NDSOHV )ORULGD PKRQH )D[ EPDLO LQIR#SHQHQJFRP WHEVLWH ZZZSHQHQJFRP )ORULGD EQJLQHHULQJ CHUWLILFDWH RI AXWKRUL]DWLRQ )ORULGD LDQGVFDSH CHUWLILFDWH RI AXWKRUL]DWLRQ LC RANDALL AT ORANGETREE PPL MASTER UTILITY PLAN RCDG PARTNERS, LLC. DANIEL F. WATERS, P.E. 60746 22 48S 27E NAPLES FL ALEJANDRO AVILA ALEJANDRO AVILA SEPTEMBER 2021 1" = 100' N.T.S. P-DAGP-002-002 P-DAGP-002-002-112UP C-112 08 25 DATUM NOTE: ALL ELEVATIONS ARE BASED ON NAVD 88 (NORTH AMERICAN VERTICAL DATUM OF 1988). SANITARY SEWER MAIN SUMMARY TABLE SIZE (IN)LENGTH (LF)MANHOLES PUMP STATION 8 1,343 LF 16 110749 LF 12 57 LF TOTAL 2,149 LF 16 1 WATER MAIN TABLE SIZE (IN)LENGTH (LF) TOTALC900 DR18 C900 DR14 8 38 1,746 1,784 LF 10 283 23 306 LF 12 256 328 584 LF TOTAL 2,674 LF TABLES FIRE HYDRANT FLOW TEST FORCE MAIN TABLE SIZE (IN)LENGTH (LF) TOTALC900 DR18 C900 DR14 6 897 281 1,178 LF TOTAL 1,178 LF 1 1 1 2 2 2 Date: Reviewed and Approved For: Permit Issuance PL20210002196 6/15/2022 Page 200 of 1035 Page 201 of 1035 Page 202 of 1035 Page 203 of 1035 Page 204 of 1035 Page 205 of 1035 Page 206 of 1035 Page 207 of 1035 Page 208 of 1035 Page 209 of 1035 Page 210 of 1035 Page 211 of 1035 Page 212 of 1035 Page 213 of 1035 Page 214 of 1035 Page 215 of 1035 Page 216 of 1035 Page 217 of 1035 Page 218 of 1035 Page 219 of 1035 Page 220 of 1035 Page 221 of 1035 Page 222 of 1035 Page 223 of 1035 Page 224 of 1035 Page 225 of 1035 Page 226 of 1035 Page 227 of 1035 Page 228 of 1035 Page 229 of 1035 Page 230 of 1035 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., March 26, 2026, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. PCUD-PL20250009098 - REQUEST FOR DETERMINATION THAT USE OF A GENERAL AUTOMOTIVE REPAIR SHOP (SIC 7538) IS COMPARABLE IN NATURE TO GASOLINE SERVICE STATIONS (SIC 5541), A PERMITTED USE IN EXHIBIT A OF THE RANDALL CURVE MIXED PLANNED UNIT DEVELOPMENT (MPUD) ADOPTED BY ORDINANCE NUMBER 2021-42, AS AMENDED. THE SUBJECT PROPERTY IS LOCATED AT 13707 WINCHESTER TRAIL, NAPLES, FLORIDA 34120 IN SECTION 22, 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. 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 1035 As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events after the agenda is posted on the County website. Registration should be done in advance of t he public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@collier.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 232 of 1035 3/26/2026 Item # 3.C ID# 2026-578 PETITION NO. PCUD – PL20250011804 - 3206 Lake Trafford Rd - RCMA Immokalee Mixed Planned Unit Development (MPUD) (Ordinance No. 21-38) – Request for a determination that use of a Public Safety Facility (SIC 9229) is comparable in nature to other permitted uses in the Community Facility (CF) Tract of the RCMA Immokalee MPUD. The subject property is located at 3206 Lake Trafford Rd in Section 31, Township 46 South, Range 29 East, Collier County, Florida [Coordinator: Maria Estrada, Planner II] Commissioner District 5 ATTACHMENTS: 1. PL20250011804- Staff Report - Lake 3206 Lake Trafford Rd (PCUD) 2. Attachment A- Backup Materials 3. Attachment B- Ordinance No. 2021-28 4. Attachment C- Traffic Study 5. Attachment D- Legal Ad Page 233 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 1 of 9 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 26, 2026 SUBJECT: 3206 LAKE TRAFFORD RD, COMPARABLE USE DETERMINATION (PCUD), PCUD-PL20250011804 ______________________________________________________________________________ PROPERTY OWNER/AGENT: Applicant/Owner: Agent: Redlands /Christian Migrant Association, Inc. Richard D. Yovanovich, Esq. Isabel Garcia Coleman Yovanovich & Koester, P.A. 402 W. Main Street 4001 Tamiami Trail North, Suite 300 Immokalee, FL 34142 Naples, FL 34103 REQUESTED ACTION: Request for a determination that the proposed use of “Public Safety Facility”, in the SIC major group 92, justice, public order, and safety, is comparable in nature to community facilities as permitted in the MPUD listed in Exhibit A of the RCMA Immokalee Mixed Planned Unit Development (MPUD) adopted by ordinance number 2021-38. GEOGRAPHIC LOCATION: The subject property and proposed use will be situated on a 61.82 +/- acre lot located at 3206 Lake Trafford Rd, Immokalee, FL 34142. This property lies on the north side of the right-of-way along Lake Trafford Rd (County Road 890) within RCMA Immokalee MPUD, Legal Description on Exhibit D (on next page), Section 31, Township 46 South, Range 29 East, Collier County, Florida. Page 234 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 2 of 9 EXHIBIT D RCMA IMMOKALEE MPUD LEGAL DESCRIPTION THAT PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA, LYING NORTH OF C.R. 890; LESS THE NORTH, EAST, AND WEST 30 FEET THEREOF, LESS LANDS DESCRIBED IN O.R. BOOK 551, PAGE 577; LESS LANDS DESCRIBED IN O.R. BOOK 739, PAGE 675; LESS LANDS DESCRIBED IN O.R. BOOK 770, PAGE 196; LESS LANDS DESCRIBED IN O.R. BOOK 957, PAGE 1736, LESS LANDS DESCRIBED IN O.R. BOOK 2280, PAGE 757; LESS ALL OF CARSON ROAD MOBILE HOME SUBDIVISION, AS RECORDED IN PLAT BOOK 31, PAGE 1, LESS CARSON ROAD; AND LESS LAKE TRAFFORD ROAD, ALL RECORDINGS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPT: PARCEL 1: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COLLIER COUNTY, LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER OF SECTION 31; THENCE N00°55'53"W ALONG THE EAST LINE OF SAID FRACTION FOR 540.33 FEET; THENCE N89°11'40"W FOR 30.02 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 739, PAGE 675; THENCE N89°11'40"W ALONG THE NORTH LINE OF SAID PARCEL FOR 200.08' TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00°55'53"W FOR 60.28 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 551, PAGE 577; THENCE S89°06'51"E ALONG THE SOUTHERLY LINE OF SAID PARCEL FOR 199.79 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID CARSON ROAD; THENCE S00°55'53"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 60.00' TO THE POINT OF BEGINNING. TOTAL CONTAINING 62.22 ACRES, MORE OR LESS. Page 235 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 3 of 9 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property. The subject property is zoned RCMA Immokalee Planned Unit Development (MPUD). North: Curry Road ROW, followed by Village Residential (VR) Zoning District. East: Mobile Home (MH), Public Use (P), Rural Agricultural (A), and Commercial Intermediate (C3) Zoning Districts South: Lake Trafford Road ROW, followed by Arrowhead Mixed Planned Unit Development (MPUD) West: Lake Trafford Elementary School and Liberty Landing Residential Planned Unit Development MPUD Page 236 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 4 of 9 Aerial Map – Collier County Property Appraiser Base Zoning Map SUBJECT PROPERTY Page 237 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 5 of 9 PURPOSE AND DESCRIPTION OF PROJECT: The applicant seeks confirmation that the proposed Public Safety Facility aligns with the permitted uses in the RCMA Immokalee Master Planned Unit Development (MPUD), which includes community facilities, childcare centers, community centers, parks, and schools. This facility aims to enhance community safety and emergency response services. The Immokalee Fire District plans to acquire land within the RCMA MPUD for this initiative to support the needs of the Immokalee community. STAFF ANALYSIS: The subject property has a Future Land Use (FLU) designation of Urban, Urban – Mixed Use District, or High Residential Subdistrict (HR), as identified on the Future Land Use Map of the Immokalee Area Master Plan (IAMP). The purpose of this subdistrict is to provide for a mixture of housing types and supporting uses. The proposed project entails the establishment of a public safety facility by the Immokalee Fire District within the MPUD. This facility is designed to provide essential fire and safety services to the community, ensuring the safety and well-being of its residents. The MPUD permits the development of a variety of community facilities, which include: Page 238 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 6 of 9 - Childcare centers accommodating up to 250 students - Community centers with a maximum area of 7,500 square feet - Parks and playgrounds - Indoor and outdoor recreational areas - Private and parochial schools with the capacity for up to 700 students These facilities are designed to effectively serve the public and foster community engagement. The proposed public safety facility will enhance community safety and well-being, similar to established childcare and community centers. It is expected to generate less traffic than institutions such as schools, supporting a more manageable flow in the area. The facility's strategic location minimizes its impact on nearby residential properties, ensuring environmental compatibility. It is authorized within the Urban Mixed-Use District of the Immokalee Master Plan, aligning with both regulatory requirements and community needs. Ultimately, the facility aims to provide essential services that enhance safety and preparedness, contribute to the community’s overall infrastructure, and encourage collaboration among local services. Per LDC §10.02.06 K, a Comparable Use Determination (CUD) determines whether a specified use is consistent and comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. After staff evaluates the criteria in LDC §10.02.06 K.2, the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. LDC §10.02.06 K.2. Criteria listed in bold with the applicant’s response in regular font and staff analysis in italics. A. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: Applicant Response: The proposed public safety facility shares characteristics with other permitted uses in the MPUD. It serves the community in a manner comparable to childcare centers, community centers, recreational facilities, and schools. Furthermore, it is expected to generate less traffic than these other uses and will not negatively impact neighboring properties, as it is located away from residential areas. The facility aligns with the MPUD's overall goals and is consistent with the approved uses within the district. Staff Response: Staff has reviewed the applicant's proposal for the Public Safety Facility within the RCMA Immokalee MPUD. It is noted that the use aligns with the characteristics of other permitted uses in the zoning district. Overall, the facility appears to meet the necessary criteria for approval, ensuring it fits well within the intended purpose of the zoning district, such as: i. Operating Hours: Application Response: The hours for a Public Safety Facility, which includes fire stations and Page 239 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 7 of 9 other first responders like the Collier County Sheriff, Emergency Management, Public Works, and Emergency Medical Services, can vary. Staff Response: The operating hours of a Public Safety Facility, which may include fire stations or buildings housing other first responders such as the Collier County Sheriff, Emergency Management, Public Works, and Emergency Medical Services, can vary. Fire stations typically operate 24/7 to ensure immediate emergency response. Other facilities may follow regular business hours but could provide after-hours services based on specific needs. ii. Traffic Volume Generated/Attracted: Application Response: A 20,000-square-foot Fire and Rescue Station is expected to generate about 10 vehicles per hour during the evening peak traffic period. By comparison, a 20,000-square-foot Public Safety Facility would produce around 34 vehicles per hour. Meanwhile, a school with 700 students could generate approximately 182 vehicle trips per hour during peak hours. Choosing the Public Safety Facility over the school would result in a significant reduction in vehicle trips: 34 vehicles versus 182. Since the area has a trip cap of 424 two-way PM peak-hour trips, the Public Safety Facility would have a more manageable traffic impact. Staff Response: Staff supports the findings of the traffic impact study. iii. Type of vehicles associated with the use: Application Response: The proposed facility serves first responders. Staff Response: When it comes to a Public Safety Facility, vehicles can be categorized into several types: 1. Fire Department Vehicles, 2. Fire Engines - Ladder Trucks, 3. Rescue Vehicles, 4. Patrol Cars, and 5. Ambulances, etc. Number and type of required parking spaces: Application Response: Per LDC section 9.05.04. G., 1 per 200 square feet for the administrative office area and 2 per employee of the largest shift for all other areas. Staff Response: The parking requirements for the Public Safety Facility will be established in line with the parcel's approval for this type of facility. A thorough assessment will be conducted to determine the specific parking needs based on the services offered and the number of first responders assigned to the facility. According to LDC section 9.05.04, the parking guidelines stipulate one space for every 200 square feet allocated for the administrative office area, and two spaces for each employee during the largest shift in all other areas. iv. Business practices and activities: Page 240 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 8 of 9 Application Response: Business practices and activities will be determined by the specific type of Public Safety Facility being developed. Staff Response: Staff agrees. B. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Application Response: The operational characteristics of the proposed use will not exceed those of the already permitted uses in the RCMA Immokalee MPUD. Staff Response: This is consistent with the proposed use on the subject property. There will be no anticipated negative effects of noise, glare, or odor. C. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use; and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Application Response: The proposed Public Safety Facility is similar in function to the approved community facility uses allowed in the MPUD and therefore aligns with the purpose, land-use expectations, and development intensity outlined in the MPUD’s approved framework. Staff Response: The proposed use aligns with the Growth Master Plan (GMP) since it is situated within the Urban – Mixed Use District, or High Residential Subdistrict (HR). Therefore, it adheres to the Future Land Use Element (FLUE). D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Application Response: The proposed public safety facility is compatible and consistent with the permitted uses in the RCMA Immokalee MPUD, which includes community facilities such as childcare centers, community centers, parks, and schools. Like these facilities, the public safety facility will serve the Immokalee community. Staff Response: Staff supports the proposed public safety facility as it aligns with the permitted commercial uses within the MPUD. E. The proposed use shall be compatible with the surrounding neighborhood. Application Response: The Immokalee Fire District emphasizes the importance of community safety, and this facility will increase that focus. It will deliver essential services while fitting in with the existing neighborhood uses. Page 241 of 1035 PCUD-PL20250011804 – 3206 LAKE TRAFFORD RD PCUD March 26, 2026 Page 9 of 9 Staff Response: Staff supports and determines that a Public Safety Facility aligns with the surrounding neighborhood, which already includes a mixture of commercial uses. PUBLIC NOTICE: Per the LDC and Administrative Code, a Neighborhood Information Meeting (NIM), posting of a sign on the subject property, and mailing to surrounding property owners are not required. The only notice required is a newspaper advertisement for the Hearing Examiner public meeting (Administrative Code, Chapter 3L, and LDC §10.03.06. O), which was posted in the Naples Daily News on Friday, March 6, 2026. STAFF RECOMMENDATION: Staff recommends approval and the Collier County Hearing Examiner determine that the proposed Public Safety Facility, designed to blend with the surrounding neighborhood, will provide services similar to those offered by existing facilities, including childcare and recreation centers, with the aim of benefiting the community. The facility is expected to produce less traffic than other permitted uses in the area, which may help maintain a quieter neighborhood environment. Its location opposite residential areas is intended to lessen any direct impact on homes. ATTACHMENTS: Attachment A: Backup Package Attachment B: Ordinance No. 21-38 Attachment C: Traffic Study Attachment D: Legal Ad Page 242 of 1035 Page 243 of 1035 Page 244 of 1035 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Comparable Use Determination Land Development Code section 10.02.06 K Chapter 3 L of the Administrative Code X PUD Zoning District D Standard Zoning District APPLICANT CONTACT INFORMATION Name of Property Owner(s): Redlands Christian Migrant Association, Inc. Name of Applicant if different than owner: Isabel Garcia Address: 402 W. Main Street Telephone: 239-658-3560 E-Mail Address: isabel@rcma.org City: lmmokalee Cell: State:FL ZIP:34142 ---------------------------------- Name of Agent: Richard D. Yovanovich, Esq. Firm:Coleman Yovanovich & Koester, P.A Address: 4001 Tamiami Trail North, Suite 300 --------------- Telephone: 239-435-3535 E-Mail Address: ryovanovich@cy klawfirm.com City:Naples Ce 11: PROPERTY INFORMATION State: FL ZIP:34103 Site Address: 3206 Lake Trafford Rd, lmmokalee Folio Number: 00071960001 Property Owners Name: Redlands Christian Migrant Association, Inc. 09/2022 Page 1 of 3 Page 245 of 1035 Arrowhead Reserve at Lake Trafford Reserve POA, Inc. Immokalee FL Public Safety Facilty RCMA Immokalee M Page 246 of 1035 Page 247 of 1035 Writer’s Email: ryovanovich@cyklawfirm.com Narrative: The RCMA PUD (“PUD”) is a MPUD. The MPUD includes community facility types of uses including, (1) childcare centers up to 250 students; (2) community centers up to 7500 square feet; (3) parks and playgrounds, indoor/outdoor recreational facilities; (4) schools, private and parochial up to 700 students; and (5) any other principal use, which is comparable in nature to the foregoing uses. All of those uses are to serve the public. The proposed public safety facility is a use that serves the public similar to other uses in the MPUD. The Immokalee Fire District desires to purchase a parcel of property within the MPUD to construct a public safety facility. The Immokalee Fire District is a community service, and the public safety facility will serve the community. Attached please find a comparison of the traffic impacts compared to the proposed public safety facility. The proposed public safety facility will result in less traffic than other uses in the MPUD. The public safety facility will not negatively impact neighboring properties. The public safety facility will be located across from any residential properties and not adjacent to any residential properties. Public safety facilities are permitted in the Urban Mixed Use District of the Immokalee Master Plan. The public safety facility use is consistent and compatible with the already approved uses within the PUD. The public safety facility will service the overall Immokalee community which is similar to the other uses within the PUD that serve the Immokalee area. Page 248 of 1035 Name December 19, 2025 Page 2 of 2 The public safety facility should be considered a comparable use to the already permitted uses within he PUD. Page 249 of 1035 Page 250 of 1035 Page 251 of 1035 Page 252 of 1035 Page 253 of 1035 Trebilcock Consulting Solutions, PA  2800 Davis Boulevard, Suite 200  Naples, FL 34104 Phone 239-566-9551  ntrebilcock@trebilcock.biz  www.trebilcock.biz October 8, 2025 Ray Bellows Zoning Planning Manager Collier County Zoning Services 2800 N. Horseshoe Drive Naples, FL 34104 SUBJECT: RCMA Immokalee MPUD (CC ORD 21-38)– Public Safety Facility - Comparable Use Determination Dear Mr. Bellows: The purpose of this letter is to provide supplemental comparable use information regarding the consideration of a Comparable Use Determination (CUD) for the subject site. The goal of this analysis is to provide reasonable comparable analysis between the current Mixed Use Planned Unit Development (MPUD) allowed land uses and the addition of a Public Safety Facility (i.e. Fire Station or mix of public safety uses). A Public Safety Facility may either be a Fire Station, or a building that would house other first responders (Collier County Sheriff, Emergency Management, Public Works and/or Emergency Medical Services) estimated at around 20,000 sf. The Institute of Transportation Engineers (ITE) Trip Generation Manual 12th Edition provides data for a Fire and Rescue Station, ITE Land Use Code (LUC) 575. There is not a specifically designated ITE LUC for the other first responders. For this reason, LUC 730 – Government Office Building was used as it includes a building containing the entire function, or one agency of a city, county, state, federal, or other governmental unit within its land use description. A 20,000 sf Fire and Rescue Station would have a pm peak hour two-way trip generation of 10 vehicles per hour. A 20,000 sf Public Safety Facility using ITE LUC 730 would have a pm peak hour two-way trip generation of 34 vehicles per hour. RCMA Immokalee MPUD allows a mix of uses, including a 700-student school, which falls under ITE LUC 530 (Private School, K-8). A 700-student school, using ITE LUC 530 would have a pm peak hour two-way trip generation of 182 vehicles per hour. If the Public Safety Facility were developed in lieu of the school, there would be a significant reduction in trips generated by the site. The overall project is subject to a trip cap of 424 two-way pm peak hour trips for the mix of compatible land uses and allowing a public safety facility would be a reasonable land use to consider for the site. Let me know if you have any questions or need anything else. Sincerely, Trebilcock Consulting Solutions, PA Norman J. Trebilcock, AICP, PTOE, PE President Enclosures: ITE LUC 530, 575, and 730 Description and Trip Generation Information (6 pages). Page 254 of 1035 Land Use: 530 Private School (K-8) Description A private school (K-8) serves students attending kindergarten through the eighth grade. The school may also offer pre-kindergarten classes, extended care, and day care. Students may travel a long distance from their residence to the private school. Additional Data The sites were surveyed in the 1990s, the 2000s, the 2010s, and the 2020s in Arizona, Florida, Maryland, New Jersey, Oregon, Pennsylvania, and Texas. Source Numbers 355, 444, 516, 536, 634, 905, 906, 940, 1219 360 Trip Generation Manual, 12th Edition • Volume 4 RCMA Immokalee MPUD CUD Letter Enclosures Page 1 of 6 Page 255 of 1035 RCMA Immokalee MPUD CUD Letter Enclosures Page 2 of 6 Page 256 of 1035 Land Use: 575 Fire and Rescue Station Description A fire and rescue station is a building that houses emergency services equipment, firefighting apparatus, and the individuals that provide emergency firefighting services. Other services sometimes offered through fire and rescue stations include emergency medical, hazardous materials, rescue, safety training, and fire prevention services. Additional Data The sites were surveyed in the 2010s in Oregon. Source Number 940 General Urban/Suburban and Rural (Land Uses 400–799)541 RCMA Immokalee MPUD CUD Letter Enclosures Page 3 of 6 Page 257 of 1035 RCMA Immokalee MPUD CUD Letter Enclosures Page 4 of 6 Page 258 of 1035 Land Use: 730 Government Office Building Description A government office building is an individual building containing either the entire function or simply one agency of a city, county, state, federal, or other governmental unit. Additional Data Each study site in the current database serves a municipal or county agency. The sites were surveyed in the 2000s and the 2010s in Oregon and Texas. Source Numbers 579, 889 General Urban/Suburban and Rural (Land Uses 400–799)745 RCMA Immokalee MPUD CUD Letter Enclosures Page 5 of 6 Page 259 of 1035 RCMA Immokalee MPUD CUD Letter Enclosures Page 6 of 6 Page 260 of 1035 ORDINANCE NO. 2021 -3 8 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 WITHIN THE IMMOKALEE AREA OVERLAY AND THE WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-1 THROUGH W-4 TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN THE IMMOKALEE AREA OVERLAY AND THE WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-1 THROUGH W-4 FOR THE PROJECT TO BE KNOWN AS RCMA IMMOKALEE MPUD, TO ALLOW CONSTRUCTION OF A 250 STUDENT CHILDCARE CENTER (PRE-SCHOOL), 700 STUDENT SCHOOL, COMMUNITY CENTER, A MAXIMUM OF 5,000 SQUARE FEET OF PERMITTED AND CONDITIONAL USES IN THE C-1, COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, THROUGH C-3, INTERMEDIATE COMMERCIAL ZONING DISTRICT AND A MAXIMUM OF 160 MULTI-FAMILY RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF LAKE TRAFFORD ROAD AND CARSON ROAD, IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, CONSISTING OF 62.22± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PL20200001827] WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A, representing Redlands Christian Migrant Association, Inc., 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 31, Township 46 South, Range 29 East, Collier County, Florida, is changed from Rural Agricultural 21-CPS-02075/1655668/1183 RCMA Immokalee/PL20200001827 Page 1 of 2 9/20/21 Page 261 of 1035 A) Zoning District within the Immokalee Area Overlay and the Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-4 to a Mixed-Use Planned Unit Development MPUD) within the Immokalee Area Overlay and the Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-4 for a 62.22± acre project to be known as RCMA Immokalee RPUD, to allow construction of a 250 student childcare center (pre-school), 700 student school, community center, a maximum of 5,000 square feet of permitted and conditional uses in the C-1, Commercial Professional and General Office District, through C-3, Intermediate Commercial Zoning District and a maximum of 160 multi-family residential dwelling units, 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 ,-)1e)141 day of C C. 2021. ATTEST:BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,,;CLERK COLLIE O TY, FLORID By:4r By: Attest as to.Chairman's , Deputy -Penny T or, Chairman signature only Approved as to form and legality: H idi F. Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses This ordinance filed with the Secretary of fate's Offico toExhibitB: Development and Design Standards day of ,,Zll_ Exhibit C: Master Concept Plan and acknowledgement pf that Exhibit D: Legal Description filin. received this day Exhibit E: Deviations of • 12.e21 Exhibit F: Development Commitments By beo, 21-CPS-02075/1655668/1]83 RCMA Immokalee/PL20200001827 Page 2 of 2 9/20/21 Page 262 of 1035 EXHIBIT A RCMA IMMOKALEE MPUD PERMITTED USES A maximum of 700 student K-8 School,a 250-student pre-school, 160 multi-family dwelling units, 7,500 square foot community center and 5,000 square feet of Intermediate Commercial (C-3) uses shall be permitted within the MPUD. The uses are subject to the trip cap identified in Exhibit F, Section 3.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: COMMUNITY FACILITY: A. Principal Uses: 1. Childcare centers (8351), up to 250 students 2. Community centers (8322), not to exceed 7,500 square feet 3. Parks and playgrounds, indoor/outdoor recreation facilities, gymnasium, and open space uses 4. Schools, private and parochial schools (8211), up to 700 students 5. 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. Administrative Offices 2. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD 3. Cafeterias in conjunction with pre-school or private school use 4. Essential public services as permitted in LDC 2.01.03 A. 5. Plazas, event lawn, community gardens, nature trails and similar outdoor areas in conjunction with school or preschool 6. Water management RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 1 of 11 Page 263 of 1035 7. Any other accessory 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. RESIDENTIAL: A. Principal Uses: 1. Dwelling Units: Multi-Family, up to 160 units 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. Clubhouses, community administrative facilities and indoor and outdoor recreational facilities intended to serve residents and guests, including leasing and construction offices. These are permitted in the Amenity Area. 3. Water management facilities to serve the project such as lakes. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 5. 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. COMMERCIAL: A. Principal Uses: up to 5,000 square feet 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 2 of 11 Page 264 of 1035 2. 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. C. Prohibited Uses: 1. The following commercial (C-1 through C-3) uses are prohibited within the 500-foot radial setback from a public potable water well due to its potential impact to the public water supply: laundromats, dry cleaners, gasoline service stations, fuel pumps and tanks associated with any use, paint stores, automotive services, photofinishing laboratories, automotive vehicle dealers and any use that allows retail fuel sales. Convenience store buildings are allowed. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 3 of 11 Page 265 of 1035 EXHIBIT B RCMA IMMOKALEE MPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the RCMA Immokalee 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. PRINCIPAL STRUCTURES*4 MULTI- AMENITY COMMERCIAL COMMUNITY FAMILY AREA*2 FACILITY Minimum Floor Area per unit 700 SF N/A N/A N/A Minimum Lot Area N/A N/A N/A N/A Minimum Lot Width N/A N/A 60 feet N/A Minimum Lot Depth N/A N/A N/A N/A Minimum Setbacks(External) Lake Trafford ROW N/A 250 feet N/A 100 feet Eastern PUD Boundary N/A N/A 25 feet 100 feet Western PUD Boundary 50 feet 15 feet N/A N/A Northern PUD Boundary 50 feet 50 feet 5 feet 200 feet Southern PUD Boundary N/A N/A 0/5 feet*1 N/A Minimum Setbacks(Internal) Private Internal Drives/ROW 10 feet 5 feet N/A 5 feet Lakes(measured from control 20 feet 20 feet 20 feet 20 feet elevation) Preserve 25 feet 25 feet 25 feet 25 feet Minimum Distance Between Buildings 20 feet N/A N/A 20 feet Maximum Building Height Zoned 45 feet 25 feet 35 feet 35 feet Actual 55 feet 35 feet 45 feet 45 feet MULTI- AMENITY COMMERCIAL COMMUNITY ACCESSORY STRUCTURES*3,*4 FAMILY AREA*2 FACILITY Minimum Setbacks(External) Lake Trafford ROW 250 feet 250 feet N/A 50 feet Eastern PUD Boundary N/A N/A 15 feet 50 feet Western PUD Boundary 10 feet 15 feet N/A N/A Northern PUD Boundary 25 feet 25 feet 5 feet 50 feet Southern PUD Boundary N/A N/A 0/5 feet*1 N/A Minimum Setbacks(Internal) Private Internal Drives/ROW 0 feet 0 feet N/A 0 feet Side Yard N/A N/A N/A N/A Rear Yard N/A N/A N/A N/A Lakes(measured from control 0 feet 0 feet 0 feet 0 feet elevation) Preserve 10 feet 10 feet 10 feet 10 feet RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 4 of 11 Page 266 of 1035 Minimum Setbacks(External)10 feet 10 feet 10 feet 10 feet Minimum Distance Between Buildings *5 0/10 feet N/A N/A N/A Maximum Building Height Zoned 25 feet 25 feet 30 feet 30 feet Actual 30 feet 30 feet 35 feet 35 feet SPS—Same as Principal Structure BH—Building Height(zoned height) 1—0 feet if commercial tract developed as SDP for adjacent C-3 commercial to the south. 2—When not located in a residential building within the"R"tract. 3—Does not apply to passive recreational uses such as trails/pathways. 4 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape,passive parks and access control structures shall have no required setback 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. 5—Zero feet if attached, 10 feet if detached. 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. RCMA 1mmokalee MPUD(PL20200001827) September 16, 2021 Page 5 of 11 Page 267 of 1035 8 Yld 93 t IZ0Z/91/6 OMO CM-Nrld d31SVW O 1191HX3\SONIMV80\(LZ91000020Z1d)ZOOM 331YHOWVII SONV103d111VW031\ONINNVId - fOdd\ONINNVId\S3lld\v001'V100\\M w a ryUwWIQo oowuNrgmWIR'o Y $ sz— Cz z 1 m oaroxxosvr u_ w wmoo z6wv) GG 6Ucn DCLmitNDI00— I - - LL•aO Ucc W Ni1L w Z w a ww H W a P Q asH W 0n Iw v "Li Q a afn W a aZwI 0 mw 1 15'WIDE TYPE'B'LANDSCAPE BUFFER z 5 Q ce C w(17,o in' mm bam cnuj CCw d W Z W I I ( X 0 U ~ w b ILW Z00 I LU 00 ' X H H W.cW HQ0V, zryQ 1 Zw V w 00 W a P az aa O a Q O d ICCC.) Z 1 OW Y w .• W r i CtW QQ ou z N. o w gI QZ Nu) wQ J LL Ia a D w J `V`m 9ffi ew O OO w 1 ou -i>_" r,, W Z n O U I v X oiWX I iQ ZQ g Ow Q w s) 2 W W I I H O 2Q Q I Z c LL 0.. w 1 c W mWo Ir I m w Q ' z , Z yr F zw O Z Z Z . r G.I L2 ` O ( r - i O o ND g ¢ t I- iLY11.\\ 1 Um WJ 1 w U Z7.cui1 ; I -`-*<-,N\ 0 N-\ '`I -\\N-I IC -j w cK a lam D a w co ,\ I 9 I N Q r. 1 wo I— Z o Q I r`3 3 3 3 3 2 } Z 4 3 1 J CWc Z W N d' 3 3 3 3 3 3 3 a. Q 0 0)Q. r 4 5 3 3 3 3 3 3 3 Z a I— Q N W U V W. 3 3 3 3 3 3 3 O Q Q d> HW ' 333F-w Ce j 0 i > 33a 333300IQO m Q ) 33 U W a>O 3 3 3 W 3 3 3 3 . W O I N Q in NZ Uww 3 3 3 3 3 3 a J J IL Ig W— 2 O W W 3 4 3 3 3 3 3 IQ Q < I""0 Z a Z 2 3 3 3 3 3 3 3 V O Z OIdQ ` 3 3 3 3 3 3 t I O Z D Z I — — I — —.I — — I — — I - W W 15'WIDE TYPE'B'LANDSCAPE BUFFER I Q 0 2 2 W W O O ZONED:A Z 0 CC C.) OZONED:LIBERTY LANDING RPUD USE: LAKE TRAFFORD ELEMENTARY SCHOOL I T. USE: RESIDENTIAL W1 LL I I HI 4C 0 0 Page 268 of 1035 SITE SUMMARY TOTAL SITE AREA: 62.22± ACRE COMMERCIAL (C) 0.44± AC (1%) RESIDENTIAL (R) 9.45± AC (15%) COMMUNITY FACILITY (CF) 47.18± AC (76%) PRESERVE 5.15± AC (8%) RESIDENTIAL: MAXIMUM 160 DWELLING UNITS COMMERCIAL: MAXIMUM 5,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 5.15 ACRES (20.6± ACRES NATIVE VEGETATION X 0.25) PROVIDED: 5.15 ACRES DEVIATIONS (SEE EXHIBIT E) 1. LDC SECTION 5.03.02.G.1.A., "SUPPLEMENTAL STANDARDS" 2. LDC SECTION 4.06.02, "TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS" NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. 3. WATER AND SEWER TO BE PROVIDED BY IMMOKALEE WATER AND SEWER DISTRICT. 4. NO VEHICLE STACKING SHALL OCCUR ON LAKE TRAFFORD RIGHT-OF-WAY. ALL VEHICLE STACKING MUST OCCUR WITHIN THE PUD BOUNDARY. RCMA IMMOKALEE MPUD SCALE el Gra dyMinor CrnByA, IRGran04xeocla e DD CDDE 3III111 Del Rey31BunllaSyrinKG.RUPiAa 3, 34 EXHIBIT C DATE.uk MASTER PLAN NOTES occcne R,o,, Civil Engineers . Land Surveyors Planners • Landscape Architects me r,Ane: o Cork Gr AnEh.EB DOfI,'i151 Cert.o1.4u4h.LB DIXIGI51 flu.hi<xx l.l:2600028G 00,0,C MASTER PLAN-RS REVISED 09/16/2021 Bonita Springs:239.947.1141 xww.Gradylllnnr.rn in Foil Myers:239.690.1380 SHEET 2 OF 2 Page 269 of 1035 EXHIBIT D RCMA IMMOKALEE MPUD LEGAL DESCRIPTION THAT PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 31,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA, LYING NORTH OF C.R. 890; LESS THE NORTH, EAST, AND WEST 30 FEET THEREOF, LESS LANDS DESCRIBED IN O.R. BOOK 551, PAGE 577; LESS LANDS DESCRIBED IN O.R. BOOK 739, PAGE 675; LESS LANDS DESCRIBED IN O.R. BOOK 770, PAGE 196; LESS LANDS DESCRIBED IN O.R. BOOK 957, PAGE 1736, LESS LANDS DESCRIBED IN O.R. BOOK 2280, PAGE 757; LESS ALL OF CARSON ROAD MOBILE HOME SUBDIVISION, AS RECORDED IN PLAT BOOK 31, PAGE 1, LESS CARSON ROAD; AND LESS LAKE TRAFFORD ROAD,ALL RECORDINGS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPT: PARCEL 1: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COLLIER COUNTY, LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER OF SECTION 31;THENCE N00°55'53"W ALONG THE EAST LINE OF SAID FRACTION FOR 540.33 FEET; THENCE N89°11'40"W FOR 30.02 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 739, PAGE 675;THENCE N89°11'40"W ALONG THE NORTH LINE OF SAID PARCEL FOR 200.08' TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00°55'53"W FOR 60.28 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 551, PAGE 577; THENCE S89°06'51"E ALONG THE SOUTHERLY LINE OF SAID PARCEL FOR 199.79 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID CARSON ROAD; THENCE SOO°55'53"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 60.00' TO THE POINT OF BEGINNING. TOTAL CONTAINING 62.22 ACRES, MORE OR LESS. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 8 of 11 Page 270 of 1035 EXHIBIT E RCMA IMMOKALEE MPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Subsection 5.03.02.G.1.a., Supplemental Standards, which provides chain link (including wire mesh) and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of- way. If these types of fences face a public or private street, then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence, to instead allow the use of up to a 6-foot-high chain link fence forward of the primary facade where the chain link fence is screened with an irrigated hedge planting directly in front of the fence facing the external right-of-way. DEVIATION 2: Relief from LDC Section 4.06.02, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which provides that where multiple family dwellings are adjacent to a community facility (CF) use a 15-foot-wide Type B Buffer is required for both uses, to instead allow for a single 15-foot-wide Type B Buffer to be installed on the residential tract and will be installed at the time of construction of the residential component of the mixed-use PUD. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 9 of 11 Page 271 of 1035 EXHIBIT F RCMA IMMOKALEE 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 Redlands Christian Migrant Association, Inc., 402 W. Main Street, Immokalee, FL 34112. 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. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. 3. TRANSPORTATION a. The maximum total daily trip generation for the PUD shall not exceed 424 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. No vehicle stacking shall occur on Lake Trafford right-of-way. All vehicle stacking must occur within the PUD boundary. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 10 of 11 Page 272 of 1035 c. Owner will coordinate with the Collier School District to stagger arrival and dismissal times of the PUD's school and childcare center with the arrival and dismissal times of the nearby public school. 4.LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6- foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. 5. ENVIRONMENTAL a. The MPUD shall be required to preserve 25% of native vegetation. 20.6± acres of native vegetation exist on-site requiring a minimum preservation of 5.15±acres (20.6 X .25 = 5.15). A minimum of 5.15±acres of native vegetation will be retained on-site. b. A management plan for Florida Black Bear and Fox Squirrel shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 11 of 11 Page 273 of 1035 Kit FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 3, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-38, which was filed in this office on November 3, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Page 274 of 1035 ORDINANCE NO. 2021 -3 8 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 WITHIN THE IMMOKALEE AREA OVERLAY AND THE WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-1 THROUGH W-4 TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN THE IMMOKALEE AREA OVERLAY AND THE WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-1 THROUGH W-4 FOR THE PROJECT TO BE KNOWN AS RCMA IMMOKALEE MPUD, TO ALLOW CONSTRUCTION OF A 250 STUDENT CHILDCARE CENTER (PRE-SCHOOL), 700 STUDENT SCHOOL, COMMUNITY CENTER, A MAXIMUM OF 5,000 SQUARE FEET OF PERMITTED AND CONDITIONAL USES IN THE C-1, COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, THROUGH C-3, INTERMEDIATE COMMERCIAL ZONING DISTRICT AND A MAXIMUM OF 160 MULTI-FAMILY RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF LAKE TRAFFORD ROAD AND CARSON ROAD, IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, CONSISTING OF 62.22± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PL20200001827] WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A, representing Redlands Christian Migrant Association, Inc., 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 31, Township 46 South, Range 29 East, Collier County, Florida, is changed from Rural Agricultural 21-CPS-02075/1655668/1183 RCMA Immokalee/PL20200001827 Page 1 of 2 9/20/21 Page 275 of 1035 A) Zoning District within the Immokalee Area Overlay and the Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-4 to a Mixed-Use Planned Unit Development MPUD) within the Immokalee Area Overlay and the Wellfield Risk Management Special Treatment Overlay Zones W-1 through W-4 for a 62.22± acre project to be known as RCMA Immokalee RPUD, to allow construction of a 250 student childcare center (pre-school), 700 student school, community center, a maximum of 5,000 square feet of permitted and conditional uses in the C-1, Commercial Professional and General Office District, through C-3, Intermediate Commercial Zoning District and a maximum of 160 multi-family residential dwelling units, 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 ,-)1e)141 day of C C. 2021. ATTEST:BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL,,;CLERK COLLIE O TY, FLORID By:4r By: Attest as to.Chairman's , Deputy -Penny T or, Chairman signature only Approved as to form and legality: H idi F. Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses This ordinance filed with the Secretary of fate's Offico toExhibitB: Development and Design Standards day of ,,Zll_ Exhibit C: Master Concept Plan and acknowledgement pf that Exhibit D: Legal Description filin. received this day Exhibit E: Deviations of • 12.e21 Exhibit F: Development Commitments By beo, 21-CPS-02075/1655668/1]83 RCMA Immokalee/PL20200001827 Page 2 of 2 9/20/21 Page 276 of 1035 EXHIBIT A RCMA IMMOKALEE MPUD PERMITTED USES A maximum of 700 student K-8 School,a 250-student pre-school, 160 multi-family dwelling units, 7,500 square foot community center and 5,000 square feet of Intermediate Commercial (C-3) uses shall be permitted within the MPUD. The uses are subject to the trip cap identified in Exhibit F, Section 3.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: COMMUNITY FACILITY: A. Principal Uses: 1. Childcare centers (8351), up to 250 students 2. Community centers (8322), not to exceed 7,500 square feet 3. Parks and playgrounds, indoor/outdoor recreation facilities, gymnasium, and open space uses 4. Schools, private and parochial schools (8211), up to 700 students 5. 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. Administrative Offices 2. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD 3. Cafeterias in conjunction with pre-school or private school use 4. Essential public services as permitted in LDC 2.01.03 A. 5. Plazas, event lawn, community gardens, nature trails and similar outdoor areas in conjunction with school or preschool 6. Water management RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 1 of 11 Page 277 of 1035 7. Any other accessory 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. RESIDENTIAL: A. Principal Uses: 1. Dwelling Units: Multi-Family, up to 160 units 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. Clubhouses, community administrative facilities and indoor and outdoor recreational facilities intended to serve residents and guests, including leasing and construction offices. These are permitted in the Amenity Area. 3. Water management facilities to serve the project such as lakes. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 5. 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. COMMERCIAL: A. Principal Uses: up to 5,000 square feet 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 2 of 11 Page 278 of 1035 2. 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. C. Prohibited Uses: 1. The following commercial (C-1 through C-3) uses are prohibited within the 500-foot radial setback from a public potable water well due to its potential impact to the public water supply: laundromats, dry cleaners, gasoline service stations, fuel pumps and tanks associated with any use, paint stores, automotive services, photofinishing laboratories, automotive vehicle dealers and any use that allows retail fuel sales. Convenience store buildings are allowed. PRESERVE: A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 3 of 11 Page 279 of 1035 EXHIBIT B RCMA IMMOKALEE MPUD DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the RCMA Immokalee 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. PRINCIPAL STRUCTURES*4 MULTI- AMENITY COMMERCIAL COMMUNITY FAMILY AREA*2 FACILITY Minimum Floor Area per unit 700 SF N/A N/A N/A Minimum Lot Area N/A N/A N/A N/A Minimum Lot Width N/A N/A 60 feet N/A Minimum Lot Depth N/A N/A N/A N/A Minimum Setbacks(External) Lake Trafford ROW N/A 250 feet N/A 100 feet Eastern PUD Boundary N/A N/A 25 feet 100 feet Western PUD Boundary 50 feet 15 feet N/A N/A Northern PUD Boundary 50 feet 50 feet 5 feet 200 feet Southern PUD Boundary N/A N/A 0/5 feet*1 N/A Minimum Setbacks(Internal) Private Internal Drives/ROW 10 feet 5 feet N/A 5 feet Lakes(measured from control 20 feet 20 feet 20 feet 20 feet elevation) Preserve 25 feet 25 feet 25 feet 25 feet Minimum Distance Between Buildings 20 feet N/A N/A 20 feet Maximum Building Height Zoned 45 feet 25 feet 35 feet 35 feet Actual 55 feet 35 feet 45 feet 45 feet MULTI- AMENITY COMMERCIAL COMMUNITY ACCESSORY STRUCTURES*3,*4 FAMILY AREA*2 FACILITY Minimum Setbacks(External) Lake Trafford ROW 250 feet 250 feet N/A 50 feet Eastern PUD Boundary N/A N/A 15 feet 50 feet Western PUD Boundary 10 feet 15 feet N/A N/A Northern PUD Boundary 25 feet 25 feet 5 feet 50 feet Southern PUD Boundary N/A N/A 0/5 feet*1 N/A Minimum Setbacks(Internal) Private Internal Drives/ROW 0 feet 0 feet N/A 0 feet Side Yard N/A N/A N/A N/A Rear Yard N/A N/A N/A N/A Lakes(measured from control 0 feet 0 feet 0 feet 0 feet elevation) Preserve 10 feet 10 feet 10 feet 10 feet RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 4 of 11 Page 280 of 1035 Minimum Setbacks(External)10 feet 10 feet 10 feet 10 feet Minimum Distance Between Buildings *5 0/10 feet N/A N/A N/A Maximum Building Height Zoned 25 feet 25 feet 30 feet 30 feet Actual 30 feet 30 feet 35 feet 35 feet SPS—Same as Principal Structure BH—Building Height(zoned height) 1—0 feet if commercial tract developed as SDP for adjacent C-3 commercial to the south. 2—When not located in a residential building within the"R"tract. 3—Does not apply to passive recreational uses such as trails/pathways. 4 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape,passive parks and access control structures shall have no required setback 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. 5—Zero feet if attached, 10 feet if detached. 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. RCMA 1mmokalee MPUD(PL20200001827) September 16, 2021 Page 5 of 11 Page 281 of 1035 8 Yld 93 t IZ0Z/91/6 OMO CM-Nrld d31SVW O 1191HX3\SONIMV80\(LZ91000020Z1d)ZOOM 331YHOWVII SONV103d111VW031\ONINNVId - fOdd\ONINNVId\S3lld\v001'V100\\M w a ryUwWIQo oowuNrgmWIR'o Y $ sz— Cz z 1 m oaroxxosvr u_ w wmoo z6wv) GG 6Ucn DCLmitNDI00— I - - LL•aO Ucc W Ni1L w Z w a ww H W a P Q asH W 0n Iw v "Li Q a afn W a aZwI 0 mw 1 15'WIDE TYPE'B'LANDSCAPE BUFFER z 5 Q ce C w(17,o in' mm bam cnuj CCw d W Z W I I ( X 0 U ~ w b ILW Z00 I LU 00 ' X H H W.cW HQ0V, zryQ 1 Zw V w 00 W a P az aa O a Q O d ICCC.) 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USE: RESIDENTIAL W1 LL I I HI 4C 0 0 Page 282 of 1035 SITE SUMMARY TOTAL SITE AREA: 62.22± ACRE COMMERCIAL (C) 0.44± AC (1%) RESIDENTIAL (R) 9.45± AC (15%) COMMUNITY FACILITY (CF) 47.18± AC (76%) PRESERVE 5.15± AC (8%) RESIDENTIAL: MAXIMUM 160 DWELLING UNITS COMMERCIAL: MAXIMUM 5,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 5.15 ACRES (20.6± ACRES NATIVE VEGETATION X 0.25) PROVIDED: 5.15 ACRES DEVIATIONS (SEE EXHIBIT E) 1. LDC SECTION 5.03.02.G.1.A., "SUPPLEMENTAL STANDARDS" 2. LDC SECTION 4.06.02, "TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS" NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. 3. WATER AND SEWER TO BE PROVIDED BY IMMOKALEE WATER AND SEWER DISTRICT. 4. NO VEHICLE STACKING SHALL OCCUR ON LAKE TRAFFORD RIGHT-OF-WAY. ALL VEHICLE STACKING MUST OCCUR WITHIN THE PUD BOUNDARY. RCMA IMMOKALEE MPUD SCALE el Gra dyMinor CrnByA, IRGran04xeocla e DD CDDE 3III111 Del Rey31BunllaSyrinKG.RUPiAa 3, 34 EXHIBIT C DATE.uk MASTER PLAN NOTES occcne R,o,, Civil Engineers . Land Surveyors Planners • Landscape Architects me r,Ane: o Cork Gr AnEh.EB DOfI,'i151 Cert.o1.4u4h.LB DIXIGI51 flu.hi<xx l.l:2600028G 00,0,C MASTER PLAN-RS REVISED 09/16/2021 Bonita Springs:239.947.1141 xww.Gradylllnnr.rn in Foil Myers:239.690.1380 SHEET 2 OF 2 Page 283 of 1035 EXHIBIT D RCMA IMMOKALEE MPUD LEGAL DESCRIPTION THAT PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 31,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA, LYING NORTH OF C.R. 890; LESS THE NORTH, EAST, AND WEST 30 FEET THEREOF, LESS LANDS DESCRIBED IN O.R. BOOK 551, PAGE 577; LESS LANDS DESCRIBED IN O.R. BOOK 739, PAGE 675; LESS LANDS DESCRIBED IN O.R. BOOK 770, PAGE 196; LESS LANDS DESCRIBED IN O.R. BOOK 957, PAGE 1736, LESS LANDS DESCRIBED IN O.R. BOOK 2280, PAGE 757; LESS ALL OF CARSON ROAD MOBILE HOME SUBDIVISION, AS RECORDED IN PLAT BOOK 31, PAGE 1, LESS CARSON ROAD; AND LESS LAKE TRAFFORD ROAD,ALL RECORDINGS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LESS AND EXCEPT: PARCEL 1: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COLLIER COUNTY, LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER OF SECTION 31;THENCE N00°55'53"W ALONG THE EAST LINE OF SAID FRACTION FOR 540.33 FEET; THENCE N89°11'40"W FOR 30.02 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 739, PAGE 675;THENCE N89°11'40"W ALONG THE NORTH LINE OF SAID PARCEL FOR 200.08' TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00°55'53"W FOR 60.28 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 551, PAGE 577; THENCE S89°06'51"E ALONG THE SOUTHERLY LINE OF SAID PARCEL FOR 199.79 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID CARSON ROAD; THENCE SOO°55'53"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 60.00' TO THE POINT OF BEGINNING. TOTAL CONTAINING 62.22 ACRES, MORE OR LESS. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 8 of 11 Page 284 of 1035 EXHIBIT E RCMA IMMOKALEE MPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Subsection 5.03.02.G.1.a., Supplemental Standards, which provides chain link (including wire mesh) and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of- way. If these types of fences face a public or private street, then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence, to instead allow the use of up to a 6-foot-high chain link fence forward of the primary facade where the chain link fence is screened with an irrigated hedge planting directly in front of the fence facing the external right-of-way. DEVIATION 2: Relief from LDC Section 4.06.02, "Table 2.4 Table of Buffer Requirements by Land Use Classifications", which provides that where multiple family dwellings are adjacent to a community facility (CF) use a 15-foot-wide Type B Buffer is required for both uses, to instead allow for a single 15-foot-wide Type B Buffer to be installed on the residential tract and will be installed at the time of construction of the residential component of the mixed-use PUD. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 9 of 11 Page 285 of 1035 EXHIBIT F RCMA IMMOKALEE 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 Redlands Christian Migrant Association, Inc., 402 W. Main Street, Immokalee, FL 34112. 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. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. 3. TRANSPORTATION a. The maximum total daily trip generation for the PUD shall not exceed 424 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. No vehicle stacking shall occur on Lake Trafford right-of-way. All vehicle stacking must occur within the PUD boundary. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 10 of 11 Page 286 of 1035 c. Owner will coordinate with the Collier School District to stagger arrival and dismissal times of the PUD's school and childcare center with the arrival and dismissal times of the nearby public school. 4.LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6- foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. 5. ENVIRONMENTAL a. The MPUD shall be required to preserve 25% of native vegetation. 20.6± acres of native vegetation exist on-site requiring a minimum preservation of 5.15±acres (20.6 X .25 = 5.15). A minimum of 5.15±acres of native vegetation will be retained on-site. b. A management plan for Florida Black Bear and Fox Squirrel shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 11 of 11 Page 287 of 1035 Kit FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 3, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-38, which was filed in this office on November 3, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Page 288 of 1035 Trebilcock Consulting Solutions, PA  2800 Davis Boulevard, Suite 200  Naples, FL 34104 Phone 239-566-9551  ntrebilcock@trebilcock.biz  www.trebilcock.biz October 8, 2025 Ray Bellows Zoning Planning Manager Collier County Zoning Services 2800 N. Horseshoe Drive Naples, FL 34104 SUBJECT: RCMA Immokalee MPUD (CC ORD 21-38)– Public Safety Facility - Comparable Use Determination Dear Mr. Bellows: The purpose of this letter is to provide supplemental comparable use information regarding the consideration of a Comparable Use Determination (CUD) for the subject site. The goal of this analysis is to provide reasonable comparable analysis between the current Mixed Use Planned Unit Development (MPUD) allowed land uses and the addition of a Public Safety Facility (i.e. Fire Station or mix of public safety uses). A Public Safety Facility may either be a Fire Station, or a building that would house other first responders (Collier County Sheriff, Emergency Management, Public Works and/or Emergency Medical Services) estimated at around 20,000 sf. The Institute of Transportation Engineers (ITE) Trip Generation Manual 12th Edition provides data for a Fire and Rescue Station, ITE Land Use Code (LUC) 575. There is not a specifically designated ITE LUC for the other first responders. For this reason, LUC 730 – Government Office Building was used as it includes a building containing the entire function, or one agency of a city, county, state, federal, or other governmental unit within its land use description. A 20,000 sf Fire and Rescue Station would have a pm peak hour two-way trip generation of 10 vehicles per hour. A 20,000 sf Public Safety Facility using ITE LUC 730 would have a pm peak hour two-way trip generation of 34 vehicles per hour. RCMA Immokalee MPUD allows a mix of uses, including a 700-student school, which falls under ITE LUC 530 (Private School, K-8). A 700-student school, using ITE LUC 530 would have a pm peak hour two-way trip generation of 182 vehicles per hour. If the Public Safety Facility were developed in lieu of the school, there would be a significant reduction in trips generated by the site. The overall project is subject to a trip cap of 424 two-way pm peak hour trips for the mix of compatible land uses and allowing a public safety facility would be a reasonable land use to consider for the site. Let me know if you have any questions or need anything else. Sincerely, Trebilcock Consulting Solutions, PA Norman J. Trebilcock, AICP, PTOE, PE President Enclosures: ITE LUC 530, 575, and 730 Description and Trip Generation Information (6 pages). Page 289 of 1035 Land Use: 530 Private School (K-8) Description A private school (K-8) serves students attending kindergarten through the eighth grade. The school may also offer pre-kindergarten classes, extended care, and day care. Students may travel a long distance from their residence to the private school. Additional Data The sites were surveyed in the 1990s, the 2000s, the 2010s, and the 2020s in Arizona, Florida, Maryland, New Jersey, Oregon, Pennsylvania, and Texas. Source Numbers 355, 444, 516, 536, 634, 905, 906, 940, 1219 360 Trip Generation Manual, 12th Edition • Volume 4 RCMA Immokalee MPUD CUD Letter Enclosures Page 1 of 6 Page 290 of 1035 RCMA Immokalee MPUD CUD Letter Enclosures Page 2 of 6 Page 291 of 1035 Land Use: 575 Fire and Rescue Station Description A fire and rescue station is a building that houses emergency services equipment, firefighting apparatus, and the individuals that provide emergency firefighting services. Other services sometimes offered through fire and rescue stations include emergency medical, hazardous materials, rescue, safety training, and fire prevention services. Additional Data The sites were surveyed in the 2010s in Oregon. Source Number 940 General Urban/Suburban and Rural (Land Uses 400–799)541 RCMA Immokalee MPUD CUD Letter Enclosures Page 3 of 6 Page 292 of 1035 RCMA Immokalee MPUD CUD Letter Enclosures Page 4 of 6 Page 293 of 1035 Land Use: 730 Government Office Building Description A government office building is an individual building containing either the entire function or simply one agency of a city, county, state, federal, or other governmental unit. Additional Data Each study site in the current database serves a municipal or county agency. The sites were surveyed in the 2000s and the 2010s in Oregon and Texas. Source Numbers 579, 889 General Urban/Suburban and Rural (Land Uses 400–799)745 RCMA Immokalee MPUD CUD Letter Enclosures Page 5 of 6 Page 294 of 1035 RCMA Immokalee MPUD CUD Letter Enclosures Page 6 of 6 Page 295 of 1035 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., March 26, 2026, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. CUD-PL20250011804 – RCMA IMMOKALEE MIXED PLANNED UNIT DEVELOPMENT (RCMA IMMOKALEE MPUD) (ORDINANCE NO. 21-38) – REQUEST FOR A DETERMINATION THAT USE OF A PUBLIC SAFETY FACILITY (SIC 9229) IS COMPARABLE IN NATURE TO OTHER PERMITTED USES IN THE COMMUNITY FACILITY (CF) TRACT OF THE RCMA IMMOKALEE MPUD. THE SUBJECT PROPERTY IS LOCATED AT 3206 LAKE TRAFFORD RD IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 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 296 of 1035 As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events after the agenda is posted on the County website. Registration should be done in advance of t he public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@collier.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 297 of 1035 3/26/2026 Item # 3.D ID# 2026-461 *** This item was continued from the March 13, 2026, HEX Meeting.**** PETITION NO. PL20240005463 BD - HUNTER DOCK - 267 3rd Street West - Request for a 28-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 greater than 100 feet in width, to allow a boat docking facility protruding a total of 48 feet into a waterway that is 446± feet wide, within a Residential Single-Family-4 (RSF-4) zoning district, pursuant to LDC Section 5.03.06.H. The subject property is located at 267 3rd Street West, also described as Lot 17, Block G, Little Hickory Shores, Unit 3 Replat subdivision, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 ATTACHMENTS: 1. Staff Report PL20240005463 02172026 2. Attachment A - Dock Facility and Site Plans 3. Attachment B - Survey Sketch of Survey 4. Attachment C - Zoning Atlas 8505n 5. Attachment D - Resolution 1987-260 6. Attachment E - Resolution 2000-051 7. Attachment F - Applicant's Backup, Application and Supporting Documents 8. Attachment G - Public Hearing Sign Posting 02242026 9. Attachment H - Publication Confirmation Page 298 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 1 of 8 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 26, 2026 SUBJECT: BD-PL20240005463; 267 3RD STREET WEST, LOT 17 – HUNTERS DOCK PROPERTY OWNER/APPLICANT: AGENT: Hunters Downtown LLC Birgitt Dagge 2000 South Mission St Overall Marine Services LLC Mounty Pleasant, MI 48858 5940 Youngquist Rd. Fort Myers, FL 33912 REQUESTED ACTION: The petitioner requests a 28-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 greater than 100 feet in width, to allow a boat docking facility protruding a total of 48 feet into a waterway that is 446± feet wide, pursuant to LDC Section 5.03.06.H. GEOGRAPHIC LOCATION: The subject property is located at 267 3rd Street West and is legally described as Lot 17, Block G, Replat of Unit No. 3, Little Hickory Shores, according to the Plat thereof as Recorded in Plat Book 6, Page 2, of the Public Records of Collier County, Florida, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is an unimproved 0.02-acre parcel, located within a Residential Single Family-4 (RSF-4) zoning district, commonly referred to as a “boat dock lot.” The parcel is too small to accommodate the minimum square-foot house and setback requirements of the zoning district, as was acknowledged by the Board of County Commissioners when they approved a Provisional Use (NKA: Conditional Use) permitting docks without a principal use on the property Page 299 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 2 of 8 described as: “Lots 1 through 23, Block G, Little Hickory Shores, Unit #3, as recorded in Plat Book 6, Page 2, Official Records of Collier County, Florida.” See Resolution No. 1987-260, (Continued on Page 4) SURROUNDING LAND USE AND ZONING: North: Little Hickory Bay, then a preserve for Little Hickory Bay Condominium, located within the Little Hickory Bay PUD South: 3rd Street West (Right-of-Way) then a single-family residence located within a RSF-4 zoning district East: Boat dock facility in a Residential Single-Family-4 (RSF-4) zoning district West: Boat dock facility in a Residential Single-Family-4 (RSF-4) zoning district Page 300 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 3 of 8 Collier County GIS Collier County GIS Page 301 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 4 of 8 PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1) related to Petition No. PU-87-17C. The applicant now desires to construct a finger pier with two slips, one on each side, with boatlifts for two 38.3-foot vessels. The finger pier will protrude 45 feet into the waterway from the MHWL, which has been determined to be the most restrictive point. The vessels' outboard engines are anticipated to extend 3 feet beyond the fixed dock for a total combined vessel/dock protrusion of 48 feet. The waterway is 446 to 450 feet from MHWL to MHWL with no docks anticipated on the opposite shore. The subject property has 30 feet of water frontage, which would typically require a 7.5-foot setback on each side; however, the subject property was one of several included in a Variance request that reduced side setbacks to zero; see Resolution 2000-051 (Attached). ENVIRONMENTAL EVALUATION: The Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located adjacent to Little Hickory Bay, a natural water body. The proposed docking facilities will be constructed waterward of a rip rap shoreline. The shoreline contains mangroves, and the proposed dock will not impact the existing mangroves. A survey provided by the applicant found no submerged resources within 200 feet of the proposed docking facility (Submerged Resource Survey exhibit sheet 9 of 9). This project does not require an Environmental Advisory Council (EAC) review because it does not fall within 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. 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 has been approved for residential dock facilities by means of Resolution No. 1987-260; therefore, this criterion allows up to two slips. The proposed dock facility comprises a finger pier with two slips, each with a boatlift, for two 38.3-foot vessels. Page 302 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 5 of 8 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 water depth at the site is too shallow for the owner’s boats. The attached specifications of the Fountain 38 SC boat state that the hull draft is 2.6 feet with the engines down. The boat lifts’ cradles require an additional 1.5 feet. The Mean Low Water Line (MLWL) at mean low tide is -0.58 feet, which will not allow enough depth for the boats. At the MLWL, the rip-rap would be exposed, making docking the boat impractical. Also, the lot size and surrounding area will not allow for a different layout of the dock facility. Please see attached site plan and survey of the water depths for more information.” 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 waterway at the proposed dock location does not have navigable marked channels. The distance to the opposite shore is approximately 446 feet, resulting in a dock protrusion of about 10.8%, which is under the 25% guideline. This dock will extend less than other docks at the same facility. Based on these factors, the proposed dock will not impact navigation within the channel.” Staff herewith confirms that no marked channels exist at this location and therefore 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: “Based upon the survey, the waterway measurement at the most restrictive is approximately 446 ft at the dock facility. The dock and boats would extend approximately 48 feet, which constitutes a protrusion of under 10.8%, which is less than the permissible limit of 25% into the waterway. Therefore, the current navigability is preserved. Please note that the opposite shoreline is a designated reserve without any dock protrusions. Therefore, the overall navigational area would be just under 400 feet.” 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 would not interfere with the use of neighboring docks, as the proposed dock will be in line with neighbors’ docks. Page 303 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 6 of 8 Neighboring docks have the same or greater protrusion into the waterway, which means the proposed dock will not interfere with their navigation.” Staff concurs. 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 a type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant’s agent states: “The dock has been placed at the proposed location primarily so that the dock would confirm to the general layout of the docking facilities around it. At its current location, the dock allows the boat to back out and enter the waterway without interfering with the mangroves and other natural growth in the estuary. Please refer to page 4 of the site plan for waterway measurements at critical points. The proposed layout does not interfere with Mangroves or seagrass beds. (please see Marine Resource Survey’s summary of findings.” Staff concurs and adds that Resolution 1987-260, which approved specified lots for boat dock use, is itself a special condition to be considered. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. Criterion met. The applicant’s agent states: “The proposed dock will allow safe and reasonable access to the boats. The finger pier is 50 feet long and 3 feet wide. These dimensions are not excessive but rather typical for the dock’s intended use. In fact, we more often see a 4-foot-wide access pier, which is wider than the proposed dock.” Staff concurs that there is no excessive decking and that a 3-foot width should be adequate to allow for safe access and routine maintenance. 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 not met. The applicant’s agent states: “not applicable as this is not a single-family dock facility, the lot is only 30 feet wide and designed and permitted to hold a docking facility.” Staff contends that the criterion is applicable as this is a residential dock facility; however, it notes that the subject property is legally nonconforming with respect to both lot area and lot width. Additionally, the use has been permitted by means of Resolution No. 1987-260. Page 304 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 7 of 8 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 new dock will not have a major impact on the waterfront view of the neighboring property owners. To the north and south, there are other docking facilities.” Staff concurs. 5. Whether the proposed dock facility will impact seagrass beds. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The applicant’s agent states: “Please refer to the Marine Resource Survey – Biologists observed zero sea-grass resources present.” Staff concurs. 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. The applicant’s agent states: “This item is not applicable for this dock as the Collier County Manatee Protection Plan does not apply. The site is not located within Port of the Islands and is therefore not required to follow this code.” Staff concurs. Staff analysis finds this request complies with four of the five Primary Criteria and four of the six Secondary Criteria, with the sixth criterion being not applicable. 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. If the Hearing Examiner has approved the petition, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed before the authorization is granted shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD- PL20240005463 in accordance with the plans contained within Attachment A, most specifically that identified as sheet 03 of 09 (Proposed Dock), subject to the following conditions: Page 305 of 1035 BD-PL20240005463 – 267 3rd St W, Lot 17 February 17, 2026 Page 8 of 8 1. Prior to or concurrent with obtaining a building permit for the dock, a Right-of-Way permit shall be obtained for access improvements to prevent damage to the roadway and drainage system if not previously obtained (As Per Resolution 1987-260). 2. This dock is private in nature and shall not be used for rental purposes. 3. This dock shall not be used for any commercial purposes, including the mooring of commercial boats. Attachments: A. Dock Facility and Site Plan B. Survey Sketch of Survey C. Zoning Atlas D. Resolution 1987-260 E. Resolution 2000-051 F. Applicant’s Backup: Application, Narrative, Authorizations, etc. G. Public Hearing Sign Posting H. Publication Confirmation Page 306 of 1035 Job SiteJOHN E LUTHERFL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYDanny Andrade267 3rd St West Bonita Springs Fl 34134267 3rd St WestBonita Springs Fl 34134SLIP #17COUNTY AEREALJOB SITECOLLIER COUNTYCITY OF BONITA SPRINGSFinger pier 50' X 3' (151SQF) 10 8" Diameter Pilings and 810"Diameter pilings for Boat Lifts2 - 27,000 pound Boat liftsSCOPE OF WORK:Sheet 1 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #1712/22/2025Page 307 of 1035 MHWL45'DOCKFROMMHWLRip rap 22.0'2'X4'X4.3'X3.8'X4.2'X4.6'X5.1'XMAXPROTRUSIONLINEPROPERTYLINESMHWL450' +/- TOSHORELINEMHWL446' +/- TOSHORELINEMAXPROTRUSION48.0'FROM MHWLSCOPE OF WORK:FL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYDanny Andrade267 3rd St West Bonita Springs Fl 34134Sheet 2 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #17JOHN E LUTHER* ALL WATER DEPTHS AND DREDGE ELEVATIONSARE REFERENCED TO MLW*APPLICANT OWNED SHORELINE (APPX LF): 30'* WIDTH OF THE WATERWAY, MHW TO MHW (APPX): 446’* PROPOSED OVERWATER STRUCTURE (APPX SF): 135* TIDAL DATUM:** MHW (NAVD)= 0.30’** MLW (NAVD)=-0.58’* TOTAL PROTRUSION FROM MHWL: 48.0'12/22/2025Page 308 of 1035 3rd St W3'13.5'13.5'MHWL12.2'CC OF 10"PILINGS12.2'CC OF 10"PILINGS151 SQFPROPERTY LINESDOCK FROM MHWL 45'Rip rap40.3' BoatROW30.0'22.0'30.0'2'X4'X4.3'X3.8'X4.2'X4.6'X5.1'X28'20.0'STANDARD 20 FTPROTRUSION LIMIT LINEFOR COLLIER COUNTYPROPERTY LINESRIPARIAN LINERIPARIAN LINEROWCLCLMAXPROTRUSIONLINEO'SIDESETBACKO'SIDESETBACK400' +/- TOSHORELINEMAX PROTRUSIONS 48'TO BACK OF MOTORSMHW = 0.3'(NAVD88)MLW = -0.58'(NAVD88)NOTES:FL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYDanny Andrade267 3rd St West Bonita Springs Fl 34134* ALL WATER DEPTHS AND DREDGE ELEVATIONSARE REFERENCED TO MLW* APPLICANT OWNED SHORELINE (APPX LF): 30'* WIDTH OF THE WATERWAY, MHW TO MHW (APPX): 446’* PROPOSED OVERWATER STRUCTURE (APPX SF): 135* TIDAL DATUM:** MHW (NAVD)= 0.30’** MLW (NAVD)=-0.58’* TOTAL PROTRUSION FROM MHWL: 48.0'Sheet 3 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #17JOHN E LUTHER12/22/2025Page 309 of 1035 3rd St W3'13.5'13.5'MHWL12.2"CC OF 10"PILINGS151 SQFDOCK 45'FROM MHWLRip rap 40.3' BoatROW30.0'22.0'30.0'2'X4'X4.3'X3.8'X4.2'X4.6'X5.1'X28.0'20.0'STANDARD 20 FTPROTRUSION LIMIT LINEFOR COLLIER COUNTYROWCL MAXPROTRUSIONLINE 48' MHWLTO BACK OF MOTORSO'SIDESETBACKPROPERTYLINESRIPARIAN LINEO'SIDESETBACKRIPARIAN LINEPROPERTYLINES12.2"CC OF 10"PILINGSSCOPE OF WORK:FL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYDanny Andrade267 3rd St West Bonita Springs Fl 34134Sheet 4 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #17JOHN E LUTHER* ALL WATER DEPTHS AND DREDGE ELEVATIONSARE REFERENCED TO MLW* APPLICANT OWNED SHORELINE (APPX LF): 30'* WIDTH OF THE WATERWAY, MHW TO MHW (APPX): 446’* PROPOSED OVERWATER STRUCTURE (APPX SF): 135* TIDAL DATUM:** MHW (NAVD)= 0.30’** MLW (NAVD)=-0.58’* TOTAL PROTRUSION FROM MHWL: 48.0'12/22/2025Page 310 of 1035 2'XMHWL4.3'X5.1'X0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 .47 48 49 501'2'3'4'5'Depth @ bottom of the boatLift cradle allowanceMotors downMHW = 0.3'(NAVD88)MLW = -0.58'(NAVD88)Notes:Fully loaded boat draft =2.6'Boat lift cradle (allowance) = 1.5'ROWMHW = 5.4'@MotorsMLW = 4.5'@Motors28'20.0'STANDARD 20 FTPROTRUSION LIMIT LINEFOR COLLIER COUNTYMAXPROTRUSIONLINE48'22.0'@MotorsDOCK FROM MHWL 45'MHW = 0.3'(NAVD88)MLW = -0.58'(NAVD88)SCOPE OF WORK:FL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYDanny Andrade267 3rd St West Bonita Springs Fl 34134Sheet 5 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #17JOHN E LUTHER* ALL WATER DEPTHS AND DREDGE ELEVATIONSARE REFERENCED TO MLW* APPLICANT OWNED SHORELINE (APPX LF): 30'* WIDTH OF THE WATERWAY, MHW TO MHW (APPX): 446’* PROPOSED OVERWATER STRUCTURE (APPX SF): 135* TIDAL DATUM:** MHW (NAVD)= 0.30’** MLW (NAVD)=-0.58’* TOTAL PROTRUSION FROM MHWL: 48.0'12/22/2025Page 311 of 1035 FL PROFESSIONAL ENGINEER Florida PE License #34304 4361 Pine Meadow Lane Sarasota Florida 34233 (941) 320-2278 This item has been digitally signed and sealed by John E. Luther PE# 34304 on the date adjacent to the Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1st Generation Marine Contractors Office Number: 239-322-2661 COPYRIGHT OF O.M.S 2025 DESIGN FOR OVERALL MARINE CONTRACTOR MUST BE NOTIFIED OF ANY CHANGES PH: DRAWN BY:C Rodriguez 239-265-2095 Info@overalloutdoorservices.com SCALE: NTS MEASUREMENTS AND PILING LOCATION APPROXIMATED CUSTOMER NAME SITE ADDRESS PHONE DATE 07/08/2025 REVISION DATE seal. SERVICES PERMITTING ONLY Danny Andrade 267 3rd St West Bonita Springs Fl 34134 NOTES: “NO SUBMERGED RESOURCES OBSERVED WITHIN 200’ OF PROJECT “ Sheet 6 OF 10 267 3rd St West Bonita Springs Fl 34134, SLIP #17JOHN E LUTHER 12/22/2025 Page 312 of 1035 JOHN E LUTHER FL PROFESSIONAL ENGINEER Florida PE License #34304 4361 Pine Meadow Lane Sarasota Florida 34233 (941) 320-2278 This item has been digitally signed and sealed by John E. Luther PE# 34304 on the date adjacent to the Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1st Generation Marine Contractors Office Number: 239-322-2661 COPYRIGHT OF O.M.S 2025 DESIGN FOR OVERALL MARINE CONTRACTOR MUST BE NOTIFIED OF ANY CHANGES PH: DRAWN BY:C Rodriguez 239-265-2095 Info@overalloutdoorservices.com SCALE: NTS MEASUREMENTS AND PILING LOCATION APPROXIMATED CUSTOMER NAME SITE ADDRESS PHONE DATE 07/08/2025 REVISION DATE seal. SERVICES PERMITTING ONLY Danny Andrade 267 3rd St West Bonita Springs Fl 34134 NOTES: “NO SUBMERGED RESOURCES OBSERVED WITHIN 200’ OF PROJECT “ Sheet 7 OF 10 267 3rd St West Bonita Springs Fl 34134, SLIP #17 12/22/2025 Page 313 of 1035 40.3'38.3'JOHN E LUTHERSCOPE OF WORK:FL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYDanny Andrade267 3rd St West Bonita Springs Fl 34134Sheet 8 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #17LOA specified is 38.3’Specified LOA plus Motor protrusion = 40.3’12/22/2025Page 314 of 1035 JOHN E LUTHERSCOPE OF WORK:FL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYFinger pier 50' X 3' (151SQF) 10 8" Diameter Pilings and 810"Diameter pilings for Boat Lifts2 - 27,000 pound Boat liftsDanny Andrade267 3rd St West Bonita Springs Fl 34134Sheet 9 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #1712/22/2025Page 315 of 1035 JOHN E LUTHERSCOPE OF WORK:FL PROFESSIONAL ENGINEERFlorida PE License #343044361 Pine Meadow LaneSarasota Florida 34233(941) 320-2278This item has been digitally signedand sealed by John E. Luther PE#34304 on the date adjacent to thePrinted copies of this document arenot considered signed and sealedand the signature must beverified on any electronic copies.1st Generation Marine ContractorsOffice Number: 239-322-2661COPYRIGHT OF O.M.S 2025DESIGN FOR OVERALL MARINECONTRACTOR MUSTBE NOTIFIED OFANY CHANGESPH:DRAWN BY:C Rodriguez239-265-2095Info@overalloutdoorservices.comSCALE: NTSMEASUREMENTS AND PILINGLOCATION APPROXIMATEDCUSTOMER NAMESITE ADDRESSPHONEDATE07/08/2025REVISION DATEseal.SERVICES PERMITTING ONLYFinger pier 50' X 3' (151SQF) 10 8" Diameter Pilings and 810"Diameter pilings for Boat Lifts2 - 27,000 pound Boat liftsDanny Andrade267 3rd St West Bonita Springs Fl 34134Sheet 10 OF 10267 3rd St West Bonita SpringsFl 34134, SLIP #1712/22/2025For Reference only engineered by othersPage 316 of 1035 Page 317 of 1035 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 48S RNG 25E SEC(S) 5 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION HICKORYLITTLE 1050'S59D27'W PUD 10 THIRD STREET WESTLELYBAREFOOTBEACH N89D44'W-2000.11' PUD18,19,20,21,25,68,82,91,96,107 A 5 8 1400' 9 5 7930"5 6 11,95BD 10 11 12 LITTLE HICKORY BAY N0D36'W-2555.33'2 3 4 1 15 F 13 14 16Pu"a "5 2 4 NON-STSTST PARCEL 5A59.55AC BAY5030,RMF-16 400'260'5 960' 18 32 22211920181614131512 WEST AVENUEFOREST AVENUEVANDERBILT DRIVE (CR901)22 DOLPHIN COVE COURTRSF-3 AUDUBON COUNTRY CLUB 6 28 SIXTH STREET WEST PUD232'19184 NON-ST 6 ST BD17 16 BD 15 14,42 20 15 14 8 1310BD 9 6 7 6 21 22 17BD 23 24 13 12 11 10 2625 27 E 9 8 7 E 7 116 6 2 21 20 1,2,9,31,34,46,101 5 4 8 2 1 6 4 29 30 31 5 4 3 32 33 2 1 4 6 5 9 8 3 2 18 12 10 1 SIXTH STREET 109 8 7 11 6 5 17 1110 1312 1413 4 3 15 2 1 15 14 1716 EIGHTH STREET SEVENTH STREET 19 5 4 31 124 23 3 2 13 12 2322 21 2524 20 19 15 14 11 10WEST17 16 9 8 29EAST 28 27 26 7 30 30 14 2726 18 17 2928 16 15 32 12 2031 13 34 33 11 10 21 RMF-12 25 24 23 22 1920 18 17 2 SIXTH STREET LAKEVIEW11 393635 9 8 3837 7 6 3 40 5 4 41 2 1 16 15 13 14 12 11 10 98 7 6 10 5 4 12 4 21 C-3 7 5 6 9 8 4 3DRIVE 1110 2 1 C-1 1312 3 2 1 3 17 12 5 2 1 11 22 5 20 5 23 24 RSF-4 22FIRST STREET RMF-6 HICKORY HARBOR CONDOMINIUM SECOND STREET B THIRD STREET 23 4 3 5 3 25 5 3 3V 24 4 3 3 4 6.4' S 3 0 D 3 3 " E350'2122 1 20 1819 32 4 5 24 23 1 2 22 21 20 19 43 65 7 6 FIFTH ST WEST RMF-12 5 34 12 D 6 D 1 2 4 3 FIFTH STREET 9 8 7 6 109 1211 5 4 16 3 2 14 13 15 1615 8 7 6 5 1514 13 12 1716 11 10 4 3 2 1 20 1918 9 8 217 9 141617 C 15 6 7 C 8 1213 10 11 10 151817 B 16 87 9 1314 11 12 1413 12 11 1615 10 9 18 17 8 7 19 6 6 V 1615 14 13 1817 12 11 20 2221 19 10 9 8 7 3 C-431.2 1.1 25 24 2.22 3 2223 A 2021 4 5 A 6 7 LEE COUNTYBONITA BEACH ROAD (CR 865) 11 16181917 8 9 10 15 14 12 13 3 1 1716 15 14 1918 13 12 23 22 9 2120 11 10 8 7 2 V 7 39 16 37 16 35 16 2 1 27 17181920222325242126 33 30 DRIVEDRIVEVALLEY1 20 19 14 22 21 VALLEY6 5 4 3 23 2423 4 3 25 2 1 28 29 38 SHOREWOODSCONDOMINIUM35 34 37 36 Lot 1 13 FOURTH STREET 39 31 32 3433 35 36 3837 28 25 26 25 VALLEY DRIVE242221 4 23 3 2 1 27 26 27 2 2524 6 5 26 4 3 28 1 THIRD STREET 29 30 2324 3231 22 21 35 18 33 34 20 19 36 17 SECOND STREET 27 28 2324 29 30 22 21 33 18 31 32 1920 34 17 12356478910111215 48 FIFTH STREET 9 8 7 6 5 4 1011 9 8 1312 1514 3 2 41 40 43428 11 10 9 8 4544 4746 9 3 20 67 10 45 18 17 16 19 12C-32221 576 4 3 5049 5251 2 1 2 5453 1 46 7 44 7 14 13 39 38 15 14 4140 1213 5 4342 11 10 4544 89 37 36 1415 3938 13 12 4 424140 1011 43 89 4847 6 5 5049 34 5251 12 4645 56 4847 4 3 5049 12 33 16 2625 6 5 2827 4 3 ,23,8116V 3029 2 1 FIRST STREET 2625 24 23 2827 22 21 31 18 3029 20 19 32 17 42 7C-4 36 35 34 15 14 37 13 12 1 403938 11 10 41 9 8 4443 6 5 45 4 3 2 1 1 5 G BD ,V26,99,114 1234567891011121314151617181920212223 1234567891011H 27BD V28 29BD 1 GULFWAYCONDO HICKORY BAY WEST 32V BD33 BD35 36BD37CU BD38 CU 39 40BD 41BD BD43 44BD BD45 47BDBD48 49BD BD50 C U 5 1 BD52 BD53 BD54 55V BD56 58V 57V BD59 60BD 3 61BD CU62 BD63 BD64 V 65 66BD BD67 BD12 V 6 BD69 BD70 BD71 BD72 BD73 BD74 75BDBD76 BD77 V7879,104 105BD , V BD80 83BD 84BD 85,86BD BD 87 88BD 89BD90BD BD92BD93 BD,V 94 BD97 98V 100,113 V ,BD102103 BD106 108BD BD109 V, BD110 111 BD112 BD115 $NO. NAME P.B. Pg.1 BONITA SHORES NO.1 3 12 BONITA SHORES NO.2 3 433 LITTLE HICKORY SHORES NO.1 3 64 LITTLE HICKORY SHORES NO.2 3 795 LITTLE HICKORY SHORES NO.3 (REPLAT) 6 26 DOLPHIN COVE 19 55-56 INDICATES SPECIAL TREATMENT OVERLAY 8505N 8505S8506N LEE COUNTY1The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES & HEX DECISIONS1 R-82-11-C2 R-87-12C3 V-88-12 88-282456 3-11-97 V-96-33 97-1657 11-19-85 V-85-28C 85-2418 6-25-91 R-91-4 91-549 6-25-91 PUD-87-12(1) 91-5310 LDC-9111 3-5-92 BD-92-1 92-412 8-6-98 BD-98-28 98-3213 12-17-92 BD-92-9 92-2914 5-20-93 BD-93-5 93-1515 5-20-93 BD-93-6 93-1416 11-23-93 V-93-29 93-54817 12-2-93 BD-93-20 93-3718 PDA-85-1,2C19 PDA-86-17C20 PDA-86-18C21 8-2-88 PDA-88-7 88-6322 1-25-94 V-93-34 94-3623 3-8-94 V-94-1 94-15824 10-27-87 PU-87-17C 87-26025 5-24-94 PUD-77-19(6) 94-2826 6-15-95 BD-95-6 95-1927 9-7-95 BD-95-13 95-3128 9-12-95 V-95-12 95-53329 11-2-95 BD-95-18 95-4730 12-12-95 R-95-8 95-7531 1-9-96 PUD-82-11(3) 96-132 9-10-96 V-96-16 96-41933 10-3-96 BD-96-15 96-3534 11-12-96 PUD-82-11(4) 96-6935 12-5-96 BD-96-22 96-4636 12-19-96 BD-96-23 96-4737 1-14-97 CU-96-22 97-5038 4-3-97 BD-97-3 97-1239 4-22-97 CU-97-6 97-22340 5-15-97 BD-97-11 97-1841 7-3-97 BD-97-16 97-3242 9-4-97 BD-97-17 97-3643 6-4-98 BD-98-10 98-2044 5-21-98 BD-98-20 98-2545 9-17-98 BD-98-30 98-3946 9-17-98 PDI-98-4 8-3847 11-5-98 BD-98-32 98-4648 11-5-98 BD-98-34 98-4749 12-17-98 BD-98-38 98-5550 12-3-98 BD-98-36 98-5351 5-11-99 CU-99-4 99-23652 6-3-99 BD-99-8 99-2253 8-19-99 BD-99-16 99-3054 8-5-99 BD-99-12 99-2855 10-26-99 V-99-13 99-40056 1-20-00 BD-99-26 00-0157 2-8-00 V-99-26 00-5158 3-14-00 V-99-27 00-8559 2-17-00 BD-99-28 00-0360 5-4-00 BD-00-9 00-561 6-1-00 BD-00-8 00-1662 5-23-00 CU-00-1 00-15763 7-20-00 BD-00-13 00-1964 9-7-00 BD-00-18 00-2565 10-10-00 V-00-18 00-35366 11-16-00 BD-00-26 00-3467 5-3-01 BD-01-AR-351 01-0968 6-26-01 PUDA-01-AR-546 01-3569 10-4-01 BD-01-AR-1122 01-2570 4-4-02 BD-01-AR-1608 02-0371 9-5-02 BD-02-AR-2416 02-0672 9-16-02 BD-02-AR-2564 02-0573 12-19-02 BD-02-AR-3019 02-1074 2-5-04 BD-03-AR-4689 04-0275 7-15-04 BD-04-AR-5697 04-0876 7-15-04 BD-04-AR-5699 04-0777 7-15-04 BD-04-AR-5693 04-0678 5-24-05 V-04-AR-6970 05-21379 5-5-05 BD-05-AR-7155 05-0680 11-17-05 BD-05-AR-7970 05-1081 4-25-06 V-05-AR-8857 06-10882 5-23-06 PUDZ-04-AR-6283 06-2283 4-19-07 BD-06-AR-10900 07-0484 5-17-07 BD-06-AR-11004 07-0585 12-6-07 BD-07-AR-12154 07-0886 4-22-08 ADA-07-AR-12714 08-11987 11-22-08 BD-08-AR-13305 08-0588 5-6-10 BD-PL-09-918 10-0289 12-2-10 BD-PL-10-1297 10-0690 2-3-11 BD-PL-10-1313 11-0191 2-22-11 PUDA-PL-09-742 11-0492 9-6-12 BD-PL-12-26 12-0793 10-6-11 BD-PL-10-1473 11-0694 7-20-16 VA-PL-15-2429 AND BD-PL-15-37 HEX-16-2595 12-20-17 BD-PL-16-541 HEX-17-3596 9-11-18 PUDA-PL-17-4421 18-4197 1-18-19 BDE-PL-17-2736 HEX 19-0298 2-21-19 VA-PL-18-2673 HEX 19-0899 1-29-20 BDE-PL-18-3700 HEX 20-02100 1-29-20 VA-PL-17-1588 HEX 20-03101 1-28-20 PUDA-PL-19-502 20-07102 7-14-20 VA-PL-19-2360 20-128103 6-11-20 BDE-PL-19-1962 CCPC 20-02104 6-8-21 BDE-PL-20-2151 HEX 21-17105 6-8-21 VA-PL-20-2152 HEX 21-18106 9-24-21 BD-PL-20-1106 HEX-21-40107 5-12-22 PDI-PL-21-2729 HEX 22-22108 3-10-23 BD-PL-22-501 HEX 23-04109 8-9-23 BDE-PL-20-1107 HEX 23-23110 1-12-24 VA-PL-23-9299 HEX 24-01111 1-12-24 BDE-PL-22-6082 HEX 24-02112 4-9-24 BDE-PL-23-8785 HEX 24-20113 11-26-24 VA-PL-24-4206 HEX 24-59114 11-26-24 BD-PL-23-18267 HEX 24-60115 6-19-25 BD-PL-24-11787 HEX 25-18DEVELOPMENT STANDARDS MODIFICATIONS12-12-95 R-95-B 95-75THIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. 0 400 SCALE6/30/2025Page 318 of 1035 Ini), HHl ' ~;j OCTOBER 27, 1987 Ite.'7Bl USOLU'1'IOlf 87-210, PBTITIOlf 110-87-17C, COJOl1l1fITY DIVBLOPHBlCT DIVISIOII UQt1BSTIBCJ .ROVISIOlfAL UBI "1\" OP m1I asP-4 DISTRICT POR MOlf-COHKIRCIAL BOAT LAUHCRI}~ PACILITIES - ADOPTED Planner Weeks stated the property is located approximately 1/4 mile south of Bonita Beach Road, and 3/4 mile ~eBt of Vanderbilt Drive in the Littl., Hickory Shores Subdivision. He stated that the Board directed staff to initiate a Provisional Use for this property beca- use of the small lot size which cannot be used for a principal struc- ture. He said it appears that these lots were intended for boat' " dock lots, however, that is not indicated on the plat. Mr. Weeks stated the rr,PC has reviewed this petition and forwarded it with 8'reeommendation of approval. He said correspondence on this petition was received, with six letters in favor and one in oppositiort. He noted the letter of op~osition was due to misinformation and after clarification by Staff, the objection was verbally withdrawn. Staff teeommends approval. In;re.pon.e to Chairman Hasse, planning/Zoning Director McKim stated .the docks are for private use only, however, renting of boat' docks is a problem throughout the County. She explained that Staff only becomes aware of this type of violation if there is a complaint. co..issioner .istor moved, seconded by commissioner Goodnight and oarried unenimously, that Resolution 87-260, .etition 'U-87-17C, for non-co~eroial boat launohing faoillties for property looated approximately 1/4 mile south of Bonite Beaoh Road and 3/4 mil. .est of Vanderbilt Driv., be adopted. n.),; q r'-'1, prr.q -,11'.1J, i; j ~ t I' c:~t!~ !b r Page 319 of 1035 RESOLOTIOII 87- ~O OCT 271987 REUTlNG TO PI:TITlON 110. PU-87-17C FOR PROVISIONAL USI! OF PROPERTY IIEREINAFTER DESCRIBED IN COLLIER COUNTY. FLORIDA. WHEREAS. tho LoShll.turo of tho St.to of Florido in Ch.ptor 67...1246, Lav. of Florid... and Chapter 125, Florida Statut.., h.. conferred Oft Collier CoUlJty the power to .at.bIt_h, coordinate and. 1'DI!orcI 1001nl and' .uch bu.inl.' rl.ulation. a. ar. uc....ry for thu prot.ction of tha pubU.c; and lREllEAS, Th. CoUDty purauant thlrlto ha. adoptld a eo.pr.han.lv. Zoning Ordinlncl ..tlbU.bins rlsulationa for the zonins of particullr I.llsr.phie divialona of the County. allOnl which 1a the Irautina of prllvi81on.al n.a.; and WHEREAS. the Colli.. County Pl.nnins eo..t..ion, beinl the duly pl,ointod .nd conotitutod platlninl bo.rd for tho .r.. horoby .ffoctld. hall b.ld . pubil.c h....i.n. .ftar Dotic. al in .aid r.gulat10111 ..d. Ind pt'lTf'ld.d. and ba. couaid.r.d the advlubl1ity of Proviliona1 U.. "a" in I lSF-4 zona for the prop4lrty harelnafter de.cribed. and baa found II a uttar of fact (Exhibit "A") tbat satilfaetary prCTf'illan and arrAngement ba. baen ..de eoncernlnl all applicabla ..ttlr. rlquirld by aid ra.ulation. and in 'lccordancl with Section 13 - 1d of thl ZoniDI Rogulation. for tho Collio.. County Pl.nDins eo-i..ionl .nd W'RER.!AS. all intlrllll:ld plrtil. ha". baln si"ln opportunity to be h..rd by thia Bo.rd in public ..otinl ......blod .nd tho Bo.rd ,,"viDl coneidar.d all _tt.r. pre:lantld. NOW, THEREFORE BE IT RESOLVED. BY THE BOARD or ZOlIIRG APPEALS of ColIior County, Florid. th.t tho potition of Co.ouDity Dovolop..nt 01"i.ioo. repra..ntiq tM 50ard 'Jf County Coadaaionerl, rith rllpect to the proparty herlinaftlr d.lcrib.d a.: loti 1 through 23, Block "en. Little Hickory Shore.. Unlt 13. II rlcorded in P~lt Book 6, PI.e 2. Official R.cord. of Collior County 1m lU9 Fl~l 27 Page 320 of 1035 I""" 109fl'ot 28 l..'" b. and i:,\ I, OCT 271987 the .... i. hareby approved for Pt'ovl11onal U.. "a" of the ISr-4 lonlna diltrict for Non-t::o...rclal BOlt Lnunchlng Facf lit i.. t aubj.~t to tho follov1ns conditionl' a.At tial of obtaicinl a dock pl.-it, I risht-of-vay porait shall b. obtained Ind the owner ,hall provide Ree... iaprov...ntl to prevlnt daus_ to the rOldway and roadwlY drainlSI laprov...ntl. b. All boat doclta aractad on thl lubjoct lota ..ot cOllply with Section 8.46 of tho Zonins Ordinanco (82-2). BE IT FURTlIEIl RESOLVED that tbia raloluUon bl racordad in tha aioutal of thia acard. eo-i..loner offorad tha forlsoina rOlolutionPlator nd 8OVod itl adoption. ..condod by eoa.iaaionor C"'.nMl"d c:1hfo and upon roll call, the vote va.: AlESI Commissioners Pistor, Goodnight, Glass, Saunders and Hasse NATS I None AIlSEIIT AlID lOT VOTING. Ilone AIlSTEIlTIOII: None Ilcm. tbia 27th OCtober 1987.day of IOAlD or Z0II111G APPEALS COLL~' FLOlIDA" ~ ST. a IlAltA. SIt.J"'~ t\',\o/?la" Attta't, JAII!S"Cl. GILES. CLItRX BY'~-::"""")y~....5 vfr~ Magn, ~ty Clerk APPlllVED AS TO FOIlK A/lD LEGAL ~lJFFICIEJlCYI a ~,*..~ R. IlUCE I OM ASSISTAIIT COU1ITT ATTOlUIET PU-87-I7C ....olution Page 321 of 1035 OCT 271987 EXIIIIIIT A FIIIDIlIO OF FACT BT COLLIER COUNTY PLANNING COMMISSION FOR A PROVISIONAL USE PETITION FOR PU-87-17C The followina facti ar. founds 1. Saction 7. I lb. ) ) (.) prntaloGa 1 u... of the Zoning OrdinancI authorized the 2. Grantina the prov1aionaI u.o viII not adv.r..ly affoct tha public inter.at and viII not adyer..ly .ffact othlr property or u... In the .... d1atrict or nailbborhood bICIU.. of: A. Caneral complianc. with the Comprahenlivl Plan: Compll.. with Comprehlnlivl Plan Tn..&.. No_ B. Ingr... and ISr... to prop.rty and propo..d structural thereon with particular raflrlncl to automotive Ind ped.ltri.D ..laty and convlniencl, traffic flow and control. and ace... in c... of fira or cata.trophl: Ad.qu.t~nlr... , aar... T.I -Z::.- Ko_ c. Affectl nlighbor101 proplrtie. in relation to noi.., alarl, economic or odor Iffectl: No .ff.ct or Affoct mitis.tod by Afflct cannot be _itig.ted D. Conaral compatibility vith adjacent proportio. and othor proporty in tho diotrict. Compatiblo uoa vithin diatrict Too ')( No _ I...d on the above flDd1nsa, this provisional use . stipulations, (copy attachld) (.k9~lA Mft~) b. rae DATE. /~/i7 I nID1IIll OF FACT FOIII oo~ JL()l}Pl~[ ~!} Page 322 of 1035 13 Al RESOLUTION NO. 2000-2.!.- RELATING TO PETITION NUMBER V-99-26 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7. 5-foot variance from the required side yard setback of 7.5 feet to -0- feet as shown on the attached plot plan, Exhibit "A", in an RSF-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-26 filed by James M. Boswell, II, representing property owners of blocks "G" & "H" Little Hickory Shores Unit 3, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 7.5-foot variance from the required side yard setback of 75 feet to -0- feet as shown on the attached plot plan, Exhibit "Au, of the RSF -4 Zoning District wherein said property is located, subject to the following conditions Exhibit "C" BE IT RESOLVED that this Resolution relating to Petition Number V-99-26 be recorded in the minutes of this Board. 1- Page 323 of 1035 This Resolution adopted after motion, second and majority vote. Done this 1S"4:h day of ~ ,2000. ATTEST: . . DWlGBT E. BROCK, Clerk A ,1>'- Attest 4S to Cha!,..n's J8.M.$J!cfts qB \1drrn and Legal Sufficiency: C1JIN'7Yl~ Mar 1 M. Scuden Assistant County Attorney g/adminJ RESOLl.JI10NN -99-26/CB/ts BOARD OF ZONING APPEALS COLLIER OUNTY, FLORIDA 2- 13 Al CHAIRMAN Page 324 of 1035 13 Al t7.th1' 5 tU7 {) . l ~ i: f'/(7~'.:' loordnule l 4,.... r::::: 6 3::~ ~. Z. 9 1\ \ I/~ " \;_ 1~ f0o~ r \.. lIfR181 htJf j)~t'" J 3(717)- ~ I TIJII' plg/l III" 8. 5.86 i 7(/ o Cl. u. 0- J!'ppro~e'J- MirJr Ll u 1"#.7..1'1'1 .:1"69 - '-". J~"~~II~" Nn;'~i/>-:-v'/7,1 Aj ?--~ -I '""Q C> c... AI ,1'.7J 'It I~ 1 .. I~, I ~ Q"~<~. 60' I \!PRM l\ i .!l ~ :::"!; t ~,~ l 'f~'" 1. 'i. ~ If j ;"Jd~ C>> tt-- .r~' I:> Q,... C" 7,. J '/J Jr. <j/lG' r.r()/'Iolll o/,~I.1'.:7r~J JQ"'/~J /, Iid~/'II Q/I.7 :.kcre/ory 1// L'JIII/!' I.f ,,/ //tJr/f/t7, /tJmr' j fC"r'f r:kcf. - ',7 '10'1 a.'1 N~ Ie I Ql'ld (J't>~d' <7f lId/II16'Y 171/i'''Cl1 II/en-IV un f' ,.. ./i.1 7<6/ -,.,-,/ d~",dl EXHIBIT A" r-. Page 325 of 1035 13 Al LEGAL DESCRIPTION Lots 3,4.5.6,7,8,9,10, Block "H" and Lots 4,5,9,10,11,12,14,17, 18, 19, 20, Block "G" Little Hickory Shores Unit 3, replat, as recorded in Plat Book 6, page 2 of Official Records of Collier County, Florida. EXHIBIT "B" Page 326 of 1035 13 At CONDITIONS OF APPROVAL V.99.26 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on January 6, 2000. 1. These docks are private in nature and shall not be used for rental purposes. 2. These docks shall not be used for any commercial purposes including the mooring of commercial boats. EXHIBIT "C" Page 327 of 1035 BOAT DOCK FACILITY EXTENSION REQUEST 267 3rd Street West, Bonita Springs, Florida 34134 PL 20240005463 Birgitt Dagge Overall Marine Services Dagge@bdagge.com On behalf of Lucas Andrade 12651 Water Oak Dr, Estero FL 34135 Submitted to: John Kelly, Planner Collier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Page 328 of 1035 Checklist -. 1_Appl.ica.tion, to include but not limited to the fo'ltowing: 1 a . Narrative of request 1 b Property Information 1 c Property Ownership Disclosure Form 1 d_Any other documents required by the specific petition type; such as a variance, a boat dock extension.; PUD amendment, rezone request, et·c. 2 . Disclosure of Property Ownership ln.terest (if there is additional documen.tation aside from disclosure form) NA Affidavit of Unified Control 3 Affidavit of Representation Auth.orization 4 Drawings (may include Cross-Section (for BO Es generally), propose·d Boat ·oock(s) with Water depth, location maps etc.) NA NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓Include 3 thumbnail driv•es of video and/or audio Agent Letter Pkg. _NA_ Traffic Impact Study (TIS) _'NA_ Environmental Data _NA_ Historicat/Archeological Survey or Waiver _NA_ UtiLity Letter 5 Deviation Justifications _6_ Boundary Survey 7 Other documents, as needed, on a case-by-case basjs such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or Legat" agreem,ents affecting the PUD etc. _ ?a_ Submerged Resource Surveys may be included here 1if req'uired. _8 _ flash drive with only one pdf file for all documents OR e-mailed .. pdf file I understand that by submitting the a.bove materials, it is the agent's/applicant's re.sponsibility 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 responsib.ilityto ensure no dociumentation is left ou Signature of Agent Representative Date _Birgitt Dagge _______________ _ Printed Name of Signing Agent Representative Revised 5/18/2018 Guides Provide to Agents G:\CDES PlanningServices\C,urrent\Zoning Staff lnformation\Job Aides or Het1p Page 329 of 1035 1.Application: 1a. Narrative of request 1b. Property Information 1c. Property Ownership Disclosure Form 1d. V ariance for a boat dock extension Page 330 of 1035 Page 331 of 1035 Page 332 of 1035 Page 333 of 1035 Page 334 of 1035 Page 335 of 1035 Page 336 of 1035 Page 337 of 1035 2.Disclosure of Property Ownership Interest Page 338 of 1035 Page 339 of 1035 Page 340 of 1035 Page 341 of 1035 Page 342 of 1035 Page 343 of 1035 Page 344 of 1035 Page 345 of 1035 Page 346 of 1035 Page 347 of 1035 Page 348 of 1035 Page 349 of 1035 Page 350 of 1035 Page 351 of 1035 Page 352 of 1035 Page 353 of 1035 Page 354 of 1035 Page 355 of 1035 Page 356 of 1035 Page 357 of 1035 Page 358 of 1035 Page 359 of 1035 Page 360 of 1035 Page 361 of 1035 Page 362 of 1035 Page 363 of 1035 3.Affidavit of Authorization Page 364 of 1035 Page 365 of 1035 Page 366 of 1035 4.Drawings of proposed Boat Dock with w ater depth, location maps etc. Page 367 of 1035 Page 368 of 1035 Page 369 of 1035 Page 370 of 1035 Page 371 of 1035 Page 372 of 1035 Page 373 of 1035 Page 374 of 1035 Page 375 of 1035 Page 376 of 1035 Page 377 of 1035 5. Deviation Justifications Page 378 of 1035 Boat Dock Facility Extension Request 267 3rd Street West, Bonita Springs, Florida 34134 PL 20240001414 1 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.) Criterion met - The proposed dock is appropriate in length, location, land use and zoning. The two slips proposed are appropriate for a typical Boat Dock lot with provisional use approval. The finger piers will accommodate the owners planned 38’4” Fountain boats and will protrude no more than 48’ including motors into the bay. 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.) Criterion met - The water depth at the site is too shallow for the owner’s boats. The attached specifications of the Fountain 38 SC boat state that the hull draft is 2.6 feet with the engines down. The boat lifts’ cradles require an additional 1.5 feet. The Mean Low Water line at mean low tide is -0.58’, which will not allow enough depth for the boats. At the mean low water line, the rip rap would be exposed which will make docking of the boat impractical. Also, the lot size and surrounding area will not allow for a diSerent layout of the dock facility. Please see attached site plan and survey of the water depths for more information. 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 traIic in the channel.) Criterion met - The waterway at the proposed dock location does not have navigable marked channels. The distance to the opposite shore is approximately 446 feet, resulting in a dock protrusion of about 10.8%, which is under the 25% guideline. This dock will extend less than other docks at the same facility. Based on these factors, the proposed dock will not impact navigation within the channel. Page 379 of 1035 Boat Dock Facility Extension Request 267 3rd Street West, Bonita Springs, Florida 34134 PL 20240001414 2 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 – Based upon the survey the waterway measurement at the most restrictive is approximately 446 ft at the dock facility. The dock and boats would extend approximately 48 feet, which constitutes a protrusion of under 10.8%. Which is less than the permissible limit of 25 % into the waterway. Therefore, the current navigability is preserved Please note the opposite shoreline is a designated reserve without any dock protrusions. Therefore, the overall navigational area would be just under 400 feet. 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.) Criterion met - The proposed dock would not interfere with the use of neighboring docks as the proposed dock will be in line with the neighbor’s docks. Neighboring docks have the same or greater protrusion into the waterway which means the proposed dock will not interfere with their navigation. Page 380 of 1035 Boat Dock Facility Extension Request 267 3rd Street West, Bonita Springs, Florida 34134 PL 20240001414 1 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 met - The dock has been placed at the proposed location primarily so that the dock would confirm to the general layout of the docking facilities around it. At its current location, the dock allows the boat to back out and enter the waterway without interfering with the mangroves and other natural growth in the estuary. Please refer to page 4 of the site plan for measurements of the waterway at critical points. The proposed layout does not interfere with Mangroves or seagrass beds. (please see Marine Resource Survey’s summary of findings ) 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 proposed dock will allow safe and reasonable access to the boats. The finger pier is 50 ft long and 3 ft wide. These dimensions are not excessive but rather typical for the dock’s intended use. In fact, we more often see a 4-foot-wide access pier which is wider than the proposed dock. 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 Not met – not applicable as this is not a single-family dock facility, the lot is only 30 ft wide and designed and permitted to hold a docking facility. 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 new dock will not have a major impact on the waterfront view of the neighboring property owners. To the north and south there are other docking facilities. 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.) Page 381 of 1035 Boat Dock Facility Extension Request 267 3rd Street West, Bonita Springs, Florida 34134 PL 20240001414 2 Criterion met -Please refer to the Marine Resource Survey – “Biologists observed zero sea-grass resources present” 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(l 1) of this Code. (If applicable, compliance with section 5.03.06(E)(l 1) must be demonstrated.) Criterion met – Not applicable This item is not applicable for this dock as the Collier County Manatee Protection plan does not apply. The site is not located within Port of the Islands and is therefore not required to follow this code. Page 382 of 1035 6.Boundary Survey Page 383 of 1035 Page 384 of 1035 PAGE 2 OF 3 SURVEY SKETCH OF SURVEY NOT FOR FENCE CONSTRUCTION NOT FOR CONSTRUCTION NOT FOR DESIGN NOT FOR ENGINEERING DESIGN PHOTO PAGE REVISIONS PROJECT NO. N/A 41-85087 BONITA SPRINGS, FLORIDA 34135 F.L.A. SURVEYS CORP.NAPLES, FLORIDA 34104 DRAWN BY: LFD PARTY CHIEF: PROFESSIONAL LAND SURVEYORS & MAPPERS - LB 6569 239-250-5730 3884 PROGRESS AVE, SUITE 104-B 9220 BONITA BEACH RD, STE. 200 Page 385 of 1035 PAGE 3 OF 3 NOT VALID WITHOUT PAGES 1 AND 2 OF 3 GENERAL NOTES ABSTRACT NOT REVIEWED N =NORTH S =SOUTH E =EAST W =WEST,OR ANY COMBINATIONTHEREOF 1.º=DEGREES 2.‘=MINUTES WHEN USED IN A BEARING 3.“=SECONDS WHEN USED IN A BEARING 4.‘=FEET WHEN USED IN A DISTANCE 5.“=INCHES WHEN USED IN A DISTANCE 6.±=“MORE OR LESS”OR “PLUS OR MINUS” 7.A =ARC DISTANCE 8.AC =ACRES 9.A/C =AIR CONDITIONING PAD 10.A.E =ACCESS EASEMENT 10 A.ADJ=ADJUSTED 11.AF =ALUMINUM FENCE 12.AMUE =AVE MARIA UTILITY EASEMENT 12A.APPROX.=APPROXIMATE 12B.AVE =AVENUE 13.B.E.=BUFFER EASEMENT 14.BM =BENCHMARK 15.BOB =BASIS OF BEARING 16.BRG =BEARING 17.C#=CURVE NUMBER 18.C =CALCULATED 19.CB =CATCH BASIN 20.CHB =CHORD BEARING 21.CHD =CHORD 22.CLF =CHAINLINK FENCE 23.CM =CONCRETE MONUMENT 24.CO =CLEAN OUT 25.COL =COLUMN 26.CONC =CONCRETE 27.CPP =CONCRETE POWER POLE 28.CSW =CONCRETE SIDEWALK 29.CTV=CABLE TV RISER 30.C.U.E=COLLIER COUNTY UTILITY EASEMENT 31.D =DEED 32.D.E=DRAINAGE EASEMENT 33.DH =DRILL HOLE 34.DI =DROP INLET 35.ELEC=ELECTRIC 36.EOP =EDGE OF PAVEMENT 37.EOR =EDGE OF ROAD 38.EOW =EDGE OF WATER 39.F=AS LABELED OR FOUND IN THE FIELD 40.F.A.C.=FLORIDA ADMINISTRATIVE CODE 41.FCC =FOUND CROSS CUT 42.FCM =FOUND CONCRETE MONUMENT 43.FEMA =FEDERAL EMERGENCY MANAGEMENT AGENCY 44.FDH =FOUND DRILL HOLE 45.FFE =FINISH FLOOR ELEVATION 46.FH =FIRE HYDRANT 47.FIP =FOUND IRON PIPE 48.FIR =FOUND IRON ROD 49.FN =FOUND NAIL 50.FND =FOUND 51.FN&D =FOUND NAIL &DISC 52.FPK =FOUND PK NAIL 53.FPK&D =FOUND PK NAIL AND DISC 53.G =GEODETIC 54.GPS =GLOBAL POSITIONING SYSTEM 54.GCE =GOLF COURSE EASEMENT 55.HCP =HANDICAP PARKING 56.IE =IRRIGATION EASEMENT 57.ILLEG =ILLEGIBLE 57.LB =LICENSED BUSINESS 58.LBE =LANDSCAPE BUFFER EASEMENT 59.LE =LANDSCAPE EASEMENT 60.L.M.E =LAKE MAINTENANCE EASEMENT 61.LP =LIGHT POLE 62.M =MEASURED 63.ME =MAINTENANCE EASEMENT 64.MH =MANHOLE 65.N.A.V.D.=NORTH AMERICAN VERTICAL DATUM 65.A NAVD =NORTH AMERICAN VERTICAL DATUM 66.N.G.V.D.=NATIONAL GEODETIC VERTICAL DATUM 67.NO ID =NO IDENTIFYING MARKINGS 68.(NR)=NON-RADIAL 69.NTS=NOT TO SCALE 70.OHP=OVERHEAD POWER 71.OHU =OVERHEAD UTILITY LINE 72.O.R.=OFFICIAL RECORD BOOK 73.O/S =OFFSET 74.P =PLAT 75.PBIDDE =PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT 76.PC =POINT OF CURVATURE 77.PCC POINT OF COMPOUND CURVATURE 78.PCP =PERMANENT CONTROL POINT 79.PG =PAGE 80.PI =POINT OF INTERSECTION 81.PK =PARKER KALON NAIL 82.PLS =PROFESSIONAL LAND SURVEYOR 83.POB =POINT OF BEGINNING 84.POC =POINT OF COMMENCEMENT 85.PP =POWER POLE 86.PRC =POINT OF REVERSE CURVE 87.PRM =PERMANENT REFERENCE MONUMENT 88.PSM=PROFESSIONAL SURVEYOR AND MAPPER 89.P.U &D.E =PUBLIC UTILITY &DRAINAGE EASEMENT 90.PUE =PUBLIC UTILITY EASEMENT 91.PT =POINT OF TANGENCY 92.PVS =PAVERS 93.Q.W.P.E.=QUAIL WEST PERPETUAL EASEMENT 94.(R )=RADIAL 95.R =RADIUS 96.RING =ITEM DETECTED BY METAL DETECTOR BUT NOT RECOVERED 97.RNG=RANGE 98.ROW =RIGHT-OF-WAY 99.RR SPK =RAILROAD SPIKE 100.SAT=SATELLITE DISH 101.S.D.E =STREET DRAINAGE EASEMENT 102.SEC =SECTION 103.SDH =SET DRILL HOLE,NO ID 104.SIR =SET 5/8"IRON ROD WITH LB NUMBER OF CORPORATION 105.SPK&D =SET PK WITH DISC WITH LB NUMBER 106.TBM TEMPORARY BENCH MARK 107.TEL =TELEPHONE FACILITIES 108.TOB =TOP OF BANK 109.TP =TRANSMITTER PAD 110.TWP=TOWNSHIP 111.U.E =UTILITY EASEMENT 112.VF =VINYL FENCE 113.VLV =VALVE 114.W =WATER SERVICE 115.WIT =WITNESS 115.WB =WATER BOX 116.WF=WOOD FENCE 117.WPP=WOOD POWER POLE 118.=DELTA OR CENTRAL ANGLE OF CURVE 119.DIMENSIONS ARE IN FEET AND IN DECIMALS THEREOF 120.ELEVATIONS SHOWN HEREON ARE N.A.V.D.UNLESS OTHERWISE STATED 121.ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT DIMENSIONS ARE FOR INFORMATIONAL PURPOSES ONLY.THAT THEY DO EXIST,BUT WERE NOT NECESSARILY MEASURED IN THE FIELD. 122.NOTE:LEGAL DESCRIPTION IS FROM LATEST DEED OF RECORD UNLESS OTHERWISE NOTED. 123.EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER RECORDED PLAT OR AS FURNISHED BY THE CLIENT 124.FOUNDATION LINE BELOW THE SURFACE OF THE GROUND IS NOT REFLECTED 125.THIS SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES UNDER ANY CONDITION UNLESS OTHERWISE STATED 126.NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS NOTED 127.NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS,RIGHT OF WAYS,AND/OR OWNERSHIP WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN 128.THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT THOSE AS DELINEATED ON THIS PLAT OF SURVEY 129. TIES ARE TO FIELD LINES UNLESS OTHERWISE NOTED 130.THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR EASEMENTS THAT ARE NOT RECORDED ON SAID PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY 131.FENCES MEANDER ON AND OFF LINE,APPROXIMATE LOCATION ONLY UNLESS STATED OTHERWISE.132.THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP 133.THE INTENT OF THIS SURVEY IS FOR TITLE TRANSFER ONLY UNLESS STATED OTHERWISE 134. FLORIDA STATUTE 61G17-6.004:TWO SITE BENCHMARKS ARE REQUIRED FOR CONSTRUCTION.135.THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP. 121.F.E.M.A.FLOOD HAZARD MAPPING:THIS DATE PRODUCT WAS NOT DESIGNED TO MAKE PRECISE IN/OUT FLOOD RISK DETERMINATIONS.THIS PRODUCT IS NOT SUITABLE FOR ENGINEERING APPLICATIONS AND CANNOT BE USED TO DETERMINE ABSOLUTE DELINEATIONS OF FLOOD Page 386 of 1035 BOUNDARIES.CALL 1-877-FEMAMAP OR EMAIL A MAP SPECIALIST AT WWW.FEMA.ORG/MIT/TSD/FQ MAP17.HTM. 137.PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING,PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION 138.IN COMPLIANCE WITH F.A.C.61G17-6.0031 (4)(E)–IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD,OTHER THAN THOSE ON RECORD PLAT,IS REQUIRED,THIS INFORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. 139.IF APPLICABLE,FENCES SHOWN MEANDER ON OR OFF LINES (APPROXIMATE LOCATION ONLY)140. ARCHITECTURAL FEATURES,SUCH AS FURRING STRIPS,SIDING,CORNICES,STUCCO,ETC.,OUTSIDE THE LINE OF THE STRUCTURE HAVE BEEN TAKEN INTO ACCOUNT WHEN GIVING TIES FROM THE STRUCTURE TO THE LOT LINES. 141.ATTENTION IS DIRECTED TO THE FACT THAT THIS SURVEY MAY HAVE BEEN REDUCED OR ENLARGED IN SIZE DUE TO REPRODUCTION.THIS SHOULD BE TAKEN INTO CONSIDERATION WHEN OBTAINING SCALED DATA. Page 387 of 1035 Juliet Diaz General Manager F.L.A. Surveys Corp. 3884 Progress Ave., Suite 104 Naples, FL 34104 239-370-1900 Fax 1 (239) 240-8905 Addressing your concerns for Andrade 267 3rd Street W Bonita Springs: 1. The lot width is noted on the survey as L-3 as 30’ 2. The distance to the opposite shoreline is noted in the approx. mid distance on the Riparian Line of approximately 450’ 3. The Site Plan provided did not show the dimensions, so we are unable to reflect on the survey. 4. The side setback determination is provided by Collier County Builidng Dept. Basic Explanation for Waterway Elevations: Office of Coast Survey National Oceanic and Atmospheric Administration (NOAA) DEFINITION: • Depth: A fully processed seabed elevation value relative to an established vertical datum, portrayed in a gridded data set or product surface of a hydrographic survey. A surveyed depth may be computed based on statistical analysis and uncertainty estimates from a sample set of soundings. If you review the elevations noted on the survey ranging from one shoreline to the opposite shoreline, as an example, they may range from -2.5’ NAVD to -10.5’ NAVD in the center of the waterway with 0.0’ representing the Mean High W ater Elevation. If you review the cross-section elevations noted on the survey which bisect the Riparian lines, they are reflected moving along the waterway, for example, the elevations may range from -8.5’ NAVD to -10.0’ NAVD to -10.0’ NAVD to -9.9’ NAVD. These elevations represent the actual bed of the waterway as they were collected utilizing the GPS range pole lowered until it rested on the waterway bed. Please do not hesitate to reach out to us if you have any additional questions or concerns. Page 388 of 1035 7. Other documents 7a. Submerged Resource Survey. 7b. Notice of Commencement 7c. DEP Page 389 of 1035 Page 390 of 1035 Page 391 of 1035 Page 392 of 1035 267 3rd Street; Andrade Marine Resource Survey Summary of Findings 4.0 TEC Biologists observed zero (0) sea-grass resources present adjacent to the subject site in the impact area for the proposed dock and lifts. Adjacent to the seawall there is rip-rap rocks with live and dead oyster clumps. The oysters range in size from 2" to 5"+ in diameter. At the toe of the riprap the sediment consisted of shell hash, sand, oysters, and rock. 2'-5' into water body the sediment composition is muck and silt; which extended into the remainder of the survey area. There are multiple small mangroves along the property boundary and there is a riprap shoreline installed. The exempt dock that is proposed should not affect the mangroves on site. Other species present include, but not limited to; Sheepshead, Snook, Tarpon, Mangrove Snapper, Mullet, Red Drum, and Trout. Coordination with the Collier County and Florida DEP will be required. *If development does not occur within a reasonable time frame (90-days) an updated survey and reassessment will be required. **The sea-grass growing season starts June 1st and ends September 30th, sea-grass surveys have to be conducted within this time period. CONCLUSION 5.0 No impacts to marine resources are anticipated from the proposed project. -Tropical Environmental Consultants - 28200 Old 41 Rd UNIT 209 Bonita Springs, FL 34135 239-455-6232 Page 393 of 1035 Page 394 of 1035 Page 395 of 1035 Page 396 of 1035 Page 397 of 1035 Page 398 of 1035 Page 399 of 1035 Page 400 of 1035 Page 401 of 1035 Page 402 of 1035 Page 403 of 1035 Page 404 of 1035 Page 405 of 1035 Page 406 of 1035 Page 407 of 1035 Page 408 of 1035 www.floridadep.gov FLORIDA DEPARTMENT OF Environmental Protection South District PO Box 2549 Fort Myers FL 33902-2549 SouthDistrict@FloridaDEP.gov Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary CORRECTED November 14, 2024 Lucas Andrade c/o Schuyler Houfek 3900 Mannix Dr. STE 118 Naples, FL 34114 shoufek@tecsfl.com File No.:0450481-002 EE, Collier County Dear Lucas Andrade: On November 6, 2024, we received your Application for an individual permit to perform the following activities: Install a 220 square foot private dock and two uncovered boat lifts at 267 3rd St, Bonita Springs, FL. 34134, Parcel ID No. 56001320005, in a(n) Little Hickory Bay, Class II Outstanding Florida Waters, Unclassified for shellfish harvesting, Section 05, Township 48 South, Range 25 East, Collier County. Your request has been reviewed to determine whether it qualifies for (1) a regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal review portion of this verification request. Specifically, the Department did not receive the Project Design Criteria Checklists. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. Your project either qualifies or was not applicable for all three authorizations types. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. Page 409 of 1035 File Name: Lucas Andrade File No: 0450481-002 EE Page 2 of 7 If you have any questions regarding this matter, please contact us by telephone at (239) 344-5600 or by e-mail at SouthDistrict@floridadep.gov. 1. Regulatory Review – VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(5)(b), Florida Administrative Code, and Section 403.813(1)(b) of the Florida Statutes from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re-verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review - GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida Statutes, and Chapters 18-18, 18-20, and 18-21, Florida Administrative Code, as applicable. The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for an automatic consent by rule under Rule 18-21.005(1)(b), Florida Administrative Code, and Section 253.77 of the Florida Statutes to construct and use the activity on the specified sovereign submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. No further application is required for this consent by rule. Special Consent Conditions 1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. Page 410 of 1035 File Name: Lucas Andrade File No: 0450481-002 EE Page 3 of 7 2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. General Conditions for Authorizations for Activities All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S. (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. Page 411 of 1035 File Name: Lucas Andrade File No: 0450481-002 EE Page 4 of 7 (e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non-water dependent activities. 3. Federal Review - SPGP APPROVED Your proposed activity as outlined in your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit VI-R1, and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 27, 2026. However, your authorization may remain in effect for up to 1 additional year, if provisions of Special Condition 15 of the SPGP VI-R1 permit instrument are met. You, as permittee, are required to adhere to all General Conditions and Special Conditions that may apply to your project (attached). A copy of the SPGP VI-R1 with all terms and conditions and the General Conditions may be found at https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/. Authority for review an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18- 14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., Page 412 of 1035 File Name: Lucas Andrade File No: 0450481-002 EE Page 5 of 7 before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 14 days of publication of the notice or within 21 14 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision Page 413 of 1035 File Name: Lucas Andrade File No: 0450481-002 EE Page 6 of 7 has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Page 414 of 1035 File Name: Lucas Andrade File No: 0450481-002 EE Page 7 of 7 Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Executed in Lee County, Florida STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Tatum Updegraff Environmental Manager South District Enclosures: 4 Project drawings 62-330.051(5)(b), 403.813(1)(b) Special and General Conditions for Federal Authorization for SPGP VI-R1 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments, including all copies, were sent to the addressee and to the following listed persons: None FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged. November 22, 2024 Clerk Date Page 415 of 1035 Revision DATE:REV: DRAWN BY:SHEET: Alonso Mora CHECKED BY: SCALE: JOHN E LUTHER DESCRIPTION REVISION DATE 4/10/2024 FL PROFESSIONAL ENGINEER 01 OF 01 4361 Pine Meadow Lane - Sarasota Florida 34266 (941)320-2278 Florida PE License #34304 DannyAndrade Job.25209 267 3rd St West Bonita SpringsFl34134 THECONTRACTOR ON SITE WILL MAKE FINAL MEASUREMENTS AND MINOR ADJUSTMENTS. 4 PILING BOAT LIFT PILING SPACING (A) OUTSIDES = 12' 6" FT (B)CENTERS = 12' 6" FT Job Site 4'neighboring dock 4'new 220-sqft neighboring dock 2 UNCOVERED BOAT LIFTS TOWS 710-SQFT riparian rights riparian rights 30' PL PL Page 416 of 1035 Selected Custom Parcels Streets MapWise County Boundaries Parcel Outlines Copyright 2023 MapWise, Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. Page 417 of 1035 Selected Custom Parcels Streets MapWise County Boundaries Parcel Outlines Copyright 2023 MapWise, Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. Page 418 of 1035 Selected Custom Parcels County Boundaries Parcel Outlines Copyright 2023 MapWise, Inc. All rights reserved. www.mapwise.com. This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapWise and its suppliers assume no responsibility for any losses resulting from such use. Page 419 of 1035 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating -related Work ‒ (b) Installation of private docks, piers, and recreational docking facilities, and installation of l ocal governmental piers and recreational docking facilities, in accordance with section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided: 1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed the limitations in section 403.813(1)(b), F.S.; 2. No structure is enclosed on more than three sides with walls and doors; 3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and 4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. Section 403.813, Florida Statutes Permits issued at district centers; exceptions.— (1) A permit is not required under this chapter, chapter 373, chapter 61 -691, Laws of Florida, or chapter 25214 or chapter 25270, 1949, Laws of Florida, for activities associated with the following types of projects; however, except as otherwise provided in this subsection, this subsection does not relieve an applicant from any requirement to obtain permission to use or occupy lands owned by the Board of Trustees of the Internal Improvement Trust Fund or a water management district in its governmental or proprietary capacity or from complying with applicable local pollution control programs authorized under this chapter or other requirements of county and municipal governments: (b) The installation and repair of mooring pilings and dolphins associated with private docking facilities or piers and the installation of private docks, piers and recreational docking facilities, or piers and recreational docking facilities of local governmental entities when the local governmental entity’s activities will not take place in any manatee habitat, any of which docks: 1. Has 500 square feet or less of over-water surface area for a dock which is located in an area designated as Outstanding Florida Waters or 1,000 square feet or less of over -water surface area for a dock which is located in an area which is not designated as Outstanding Florida Waters; 2. Is constructed on or held in place by pilings or is a floating dock which is constructed so as not to involve filling or dredging other than that necessary to install the pilings; 3. Shall not substantially impede the flow of water or create a navigational hazard ; 4. Is used for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia; and 5. Is the sole dock constructed pursuant to this exemption as measured along the shoreline for a distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. Nothing in this paragraph shall prohibit the department from taking appropriate enforcement action pursuant to this chapter to abate or prohibit any activity otherwise exempt from permitting pursuant to this paragraph if the department can demonstrate that the exempted activity has caused water pollution in violation of this chapter. Page 420 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 Special Conditions for all Projects: 1. Authorization, design and construction must adhere to the terms of the SPGP VI-R1 instrument including the General Conditions for All Projects, Special Conditions for All Projects, Applicable activity-specific special conditions, Procedure and Work Authorized sections. 2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 28, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.). 3. All activities must be performed during daylight hours (Reference: JAXBO PDC AP.6.). 4. For all projects involving the installation of piles, sheet piles, concrete slab walls or boatlift I-beams (Reference Categories A, B and C of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86): a. Construction methods limited to trench and fill, pilot hole (auger or drop punch), jetting, vibratory, and impact hammer (however, impact hammer limited to installing no more than 5 per day). b. Material limited to wood piles with a 14-inch diameter or less, concrete piles with a 24-inch diameter/width or less, metal pipe piles with a 36-inch diameter or less, metal boatlift I-beams, concrete slab walls, vinyl sheet piles, and metal sheet piles. c. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86.). d. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6). 5. The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 29). 6. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, and contacting the Florida Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The Applicant/Permittee can also research sites in the National Register Information System (NRIS). Information can be found at http://www.cr.nps.gov/nr/research. Page 421 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 a. If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Archeologist at 904-232-3270 to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7. b. In the unlikely event that human remains are identified, the remains will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, and the State Archaeologist (850-245-6444) and the Corps Regulatory Archeologist at 904-232-3270 shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps. 7. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with these laws. The Permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity. 8. Mangroves. The design and construction of a Project must comply with the following (Reference: JAXBO PDCs AP.3 and AP.12.): a. All projects must be sited and designed to avoid or minimize impacts to mangroves. b. Mangrove removal must be conducted in a manner that avoids any unnecessary removal and is limited to the following instances: (1) Removal to install up to a 4-ft-wide walkway for a dock. (2) Removal of mangroves above the mean high water line (MHWL) provided that the tree does not have any prop roots that extend into the water below the MHWL. (3) Mangrove trimming. Mangrove trimming refers to the removal (using hand equipment such as chain saws and/or machetes) of lateral branches (i.e., no alteration of the trunk of the tree) in a manner that ensures survival of the tree. Page 422 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 (a) Projects with associated mangrove trimming waterward of the MHWL are authorized if the trimming: (a) occurs within the area where the authorized structures are placed or will be placed (i.e., removal of branches that overhang a dock or lift), (b) is necessary to provide temporary construction access, and (c) is conducted in a manner that avoids any unnecessary trimming. (b) Projects proposing to remove red mangrove prop roots waterward of the MHWL are not authorized, except for removal to install the dock walkways as described above. 9. For Projects authorized under this SPGP VI-R1 in navigable waters of the U.S., the Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 10. Notifications to the Corps. For all authorizations under this SPGP VI-R1, including Self-Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed “Commencement Notification” form (Attachment 8). b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of Compliance” form (Attachment 9) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self- Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form (Attachment 10). d. Reporting Address. The Permittee shall submit all reports, notifications, Page 423 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. (2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ-2015-2575 on all submittals. 11. The District Engineer reserves the right to require that any request for authorization under this SPGP VI-R1 be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP VI-R1 does not automatically guarantee Federal authorization. 12. On a case-by-case basis, the Corps may impose additional Special Conditions which are deemed necessary to minimize adverse environmental impacts. 13. Failure to comply with all conditions of the SPGP VI-R1 constitutes a violation of the Federal authorization. 14. The SPGP VI-R1 will be valid through the expiration date unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the permit during the period ending expiration date, is not contrary to the public interest. The SPGP VI-R1 will not be extended beyond the expiration date but may be replaced by a new SPGP. If revocation occurs, all future applications for activities covered by the SPGP VI-R1 will be evaluated by the Corps. 15. If the SPGP VI-R1 expires, is revoked, or is terminated prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP VI-R1 will remain in effect provided the activity is completed within 12 months of the date the SPGP VI-R1 expired or was revoked. Special Conditions for Shoreline Stabilization activities. 16. Shoreline stabilization structures other than vertical seawalls shall be no steeper than a 2 horizontal:1 vertical slope (Reference: JAXBO PDC A1.1.4.). 17. Placement of backfill is limited to those situations where it is necessary to level the land behind seawalls or riprap. 18. Living shoreline structures and permanent wave attenuation structures can only be Page 424 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 constructed out of the following materials: oyster breakwaters, clean limestone boulders or stone (sometimes contained in metal baskets or cages to contain the material), small mangrove islands, biologs, coir, rock sills, and pre-fabricated structures made of concrete and rebar that are designed in a manner so that they do not trap sea turtles, smalltooth sawfish, or sturgeon (Reference: JAXBO PDC A7.5.). a. Reef balls or similar structures are authorized if they are not open on the bottom, are open-bottom structures with a top opening of at least 4 ft, or are pre-fabricated structures, such as reef discs stacked on a pile, and are designed in a manner that would not entrap sea turtles. b. Oyster reef materials shall be placed and constructed in a manner that ensures that materials will remain stable and that prevents movement of materials to surrounding areas (e.g., oysters will be contained in bags or attached to mats and loose cultch must be surrounded by contained or bagged oysters or another stabilizing feature) (Reference: JAXBO PDC A7.2.). c. Oyster reef materials shall be placed in designated locations only (i.e., the materials shall not be indiscriminately dumped or allowed to spread outside of the reef structure) (Reference: JAXBO PDC A7.3.) d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement (Reference: JAXBO PDC A7.6.). e. Other materials are not authorized by this SPGP VI-R1 (Reference: JAXBO PDC A7.5.). Special Conditions for Boat Ramp activities. 19. Restrictions on Dredged Material and Disposal: Excavation is limited to the area necessary for site preparation. All excavated material shall be removed to an area that is not waters of the United States, as that term is defined and interpreted under the Clean Water Act, including wetlands (Reference: JAXBO PDC A6.2.). 20. Turbidity: The length of new boat ramps and repair and replacement of existing boat ramps to make them longer should ensure a water depth at the end of the ramp is deep enough to minimize sediment resuspension associated with launching vessels in shallow water (Reference: JAXBO PDC A6.5.). Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling- Supported Structures. 21. Chickees must be less than 500 ft² and support no more than 2 slips (Reference: JAXBO PDC A2.1.6.). Page 425 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 22. The design and construction of a Project over marsh (emergent vegetation) must comply with the following: a. The piling-supported structure shall be aligned so as to have the smallest over- marsh footprint as practicable. b. The over-marsh portion of the piling-supported structure (decking) shall be elevated to at least 4 feet above the marsh floor. c. The width of the piling-supported is limited to a maximum of 4 feet. Any exceptions to the width must be accompanied by an equal increase in height requirement. 23. Mangroves. For pile-supported structures, the following additional requirements for mangroves found in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) shall apply: a. The width of the piling-supported structure is limited to a maximum of 4 feet. b. Mangrove clearing is restricted to the width of the piling-supported structure. c. The location and alignment of the piling-supported structure should be through the narrowest area of the mangrove fringe. 24. Regarding SAV, the design and construction of a Project must comply with the following: a. A pile supported structure (1) that is located on a natural waterbody (i.e. outside an artificial waterway that was excavated for boating access and is bordered by residential properties); and (1) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), but outside of the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida) will be constructed to the following standards: (a) If no survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, then SAV is presumed present and Page 426 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 the pile-supported structure must comply with, or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling- Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of SPGP, two uncovered boatlifts are allowed. (i) If the pile supported structure is currently serviceable, repair and replacement may occur in the same footprint without completion of a benthic survey. (ii) Boatlifts and minor structures in Monroe County may be installed within existing boat slips without completion of a SAV survey. Boatlift accessory structures, like catwalks, shall adhere to “Construction Guidelines in Florida for Minor Piling- Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) if a SAV survey has not been completed. (iii) A marginal dock may be constructed a maximum of 5 feet overwater, as measured from the waterward face (wet face) of the seawall). (b) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is present (including seagrass, tidal freshwater SAV and emergent vegetation), then the pile-supported structure must comply with, or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. (i) If the pile supported structure is currently serviceable, repair and replacement may occur in the same footprint without completion of a benthic survey. (ii) Boatlifts may be installed within existing boat slips without completion of a SAV survey. (iii) A marginal dock may be constructed a maximum of 5 feet overwater, as measured from the waterward face (wet face) of the seawall). (c) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is absent (including seagrass, tidal freshwater SAV and emergent vegetation), then no design restrictions are required and boatlifts may include a cover. Page 427 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 b. A pile supported structure (1) that is located on a natural waterbody (i.e. outside an artificial waterway that was excavated for boating access and is bordered by residential properties); and (1) that is within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida) but not within Johnson’s seagrass critical habitat will be constructed to the following standards: (a) If no survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, then seagrass is presumed present and the pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) with the sole exception of the number of allowable boat lifts. For the purposes of this permit, two uncovered boatlifts are allowed. (b) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is present (including seagrass, tidal freshwater SAV and emergent vegetation), THEN pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. (c) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is absent (including seagrass, tidal freshwater SAV and emergent vegetation), THEN no design restrictions are required and boatlifts may include a cover. c. A pile supported structure located within Johnson’s seagrass critical habitat will be constructed to the following standards: (1) If no survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, then seagrass is presumed present and the pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Page 428 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11) with the sole exception of the number of allowable boat lifts. For the purposes of this permit, two uncovered boatlifts are allowed. (2) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is absent and the project is (a) A dock replacement in the same footprint, no design restrictions are required. (b) A new dock or dock expansion THEN pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. (3) If a survey is performed in accordance with the methods described in the Procedure section of this document, section I.3, and SAV is present (including seagrass, tidal freshwater SAV and emergent vegetation), then pile-supported structure must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” U.S. Army Corps of Engineers/National Marine Fisheries Service updated November 2017 (Attachment 11). For the purposes of this permit, two uncovered boatlifts are allowed. 25. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form (Attachment 30) describes the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales. The FDEP or Designee will attach the North Atlantic Right Whale Information Form to their authorizations for any dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of an inlet that leads to areas within the known range of North Atlantic right whale. These zones, with an 11 nm radius, are described by the North Atlantic Right Whale Educational Sign Zones, Attachment 7 (from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive). (Reference JAXBO PDC A2.4). 26. Educational Signs. For commercial, multi-family, or public facilities, and marine Page 429 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 events, signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, starting on page 112.): a. For commercial, multi-family, or public facilities, and marine events, signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook-and-line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational-signs). The signs required to be posted by area are stated below: https://www.fisheries.noaa.gov/southeast/consultations/protected-species- educational-signs (1) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. (2) Projects within the North Atlantic right whale educational sign zone shall post the Help Protect North Atlantic Right Whales sign. (3) On the east coast of Florida, projects located within the St. Johns River and those occurring north of the St. Johns River to the Florida-Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida-Alabama line. 27. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided as described below (Reference: The below replicates PDC A.2.3 within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, the PDC itself on page 113 of the JAXBO.): a. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: (1) Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. (2) Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow. 28. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ Page 430 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 (Reference: JAXBO PDC A2.8.). 29. Construction Location. Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.). 30. Aids to Navigation (ATONs). ATONs must be approved by and installed in accordance with the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.). 31. Aids to Navigation (ATONs) in Acropora critical habitat. The distance from ATONs to ESA-listed corals and Acropora critical habitat (Attachment 20) shall ensure there are no impacts to the corals or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure there is no contact between the anchor chain or line and the marine bottom (Reference: JAXBO PDC A2.10.). 32. Within Loggerhead sea turtle critical habitat (Reference: JAXBO PDC A2.15.): (1) ATONs (pile-supported and anchored buoys) are allowed in nearshore reproductive habitat of the Northwest Atlantic Distinct Population Segment (NWA DPS) of loggerhead sea turtle critical habitat. (2) No other pile-supported structures are allowed in nearshore reproductive habitat. Special Conditions for Derelict vessels 33. Visual confirmation (e.g., divers, swimmers, and camera) will be completed prior to removal to ensure that the item can be removed without causing further damage to aquatic natural resources. 34. Coral. If an item cannot be removed without causing harm to surrounding coral (ESA listed or non-listed), the item will be disassembled as much as practicable so that it no longer can accidentally harm or trap species. 35. Monofilament debris will be carefully cut loose from coral (ESA listed or non-listed) so as not to cause further harm. Under no circumstance will line be pulled through coral since this could cause breakage of coral. 36. Marine debris removal methods. Marine debris shall be lifted straight up and not be dragged through seagrass beds, coral reefs, coral, or hard bottom habitats. Trawling Page 431 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 also cannot be used as a means of marine debris removal. Debris shall be properly disposed of in appropriate facilities in accordance with applicable federal and state requirements. 37. An absorbent blanket or boom shall be immediately deployed on the surface of the water around any derelict vessel to be removed if fuel, oil, or other free-floating pollutants are observed during the work. Special Conditions for Scientific Devices 38. Aquatic Life Passage. The scientific survey device, including any related equipment and anchors, shall not block access of species to an area. For example, the structures shall not prevent movement in or out of a river or channel. 39. Restoring Affected Area. No later than 24 months after initial installation or upon completion of data acquisition, whichever comes first, the measuring device and any other structure or fills associated with that device (e.g., anchors, buoys, lines) must be removed and the site must be restored to pre-construction conditions. 40. Preventing Device Relocation. The scientific survey device, including any related equipment and anchors, shall be inspected and any required maintenance performed at least twice a year and following storm events that may have moved or dislodged the structure to ensure that equipment and anchors are still in place and have not moved to areas containing ESA-listed corals. General Conditions for All Projects: 1. The time limit for completing the work authorized ends on July 27, 2026. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner on the enclosed form (Attachment 10) and forward a copy of the permit to this office to validate the transfer of this authorization. Page 432 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further Information: 1. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant’s Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision: This office may reevaluate its decision on this Page 433 of 1035 DEPARTMENT OF THE ARMY PERMIT: SPGP VI-R1 permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Page 434 of 1035 1 John Kelly From:John Kelly Sent:Tuesday, February 24, 2026 10:49 PM To:John Kelly Subject:BD-PL20240005463 - 267 3rd St W, Lot 17 - Public Hearing Sign Posting 02242026 Attachments:Photo 1.jpg; Photo 2.jpg I, John Kelly, personally posted the required Public Hearing Sign to the front of the subject property, immediately adjacent to the public right-of-way at approximately 4:50 PM this date as evidenced by the 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 435 of 1035 Page 436 of 1035 Page 437 of 1035 Page 438 of 1035 Page 439 of 1035 Page 440 of 1035 3/26/2026 Item # 3.E ID# 2026-597 PETITION NO. PL20250005556 PDI - Egret's Walk, Pelican Marsh PUD - 952 Egrets Run - Request for an insubstantial change to the Pelican Marsh Planned Unit Development (PUD), Ordinance Number 02-71, as amended, by amending Section 3.4.A.9 of the PUD document to allow one of the 50 rental residential units allowed in the PUD to be located in the clubhouse at the Egret’s Walk Condominium recreation building at 952 Egrets Run in Section 34, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 2 ATTACHMENTS: 1. Staff Report 03042026 2. Attachment A - PUD Insubstantial Change, Section 3.4.A.9 3. Attachment B - Pelican Marsh Ord. 02-71 4. Attachment C - Consistency Review-952 Egrets Run - Egret's Walk (PDI) 5. Attachment D - PUD Findings, PUDR-PL20140002211 6. Attachment E - SDP-94-056 7. Attachment F - Building Permit No. 940007128 8. Attachment G - Code Enforcement No. CELU20250001730 9. Attachment H - Applicant’s Backup – Application and Supporting Documents 10. Attachment I - Publication Confirmation 11. Attachment J - Objection Letter - Marsh, 1101 Egret's Walk Cir 201 Page 441 of 1035 PDI-PL20250005556 Page 1 of 7 Egret’s Walk – Pelican Marsh PUD March 4, 2026 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 26, 2026 SUBJECT: PDI-PL20250005556, Pelican Marsh PUD – Egret’s Walk PROPERTY OWNER/APPLICANT/AGENT: Owners: Applicant/Agent: Egret’s Walk Commons Association, Inc. Noel J. Davies, Esq 992 Pelican Marsh Blvd. Davies Duke, PLLC Naples, FL 34108 1415 Panther Ln., Suite 442 Naples, FL 34109 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to the Pelican Marsh Planned Unit Development (PUD), Ordinance Number 02-71, as amended, by amending Section 3.4.A.9 of the PUD document to allow one of the 50 rental residential units allowed in the PUD to be located in the clubhouse at the Egret’s Walk Condominium recreation building. GEOGRAPHIC LOCATION: The Clubhouse /Recreation Building is located across from the main entrance to the Egret’s Walk development, on Oak Moss Road, at 952 Egrets Run in Section 34, Township 48 South, Range 25 East, Collier County, Florida. Property ID No. 66679200453. (See the Location Map on page 3) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises approximately 15.55 acres for which development approval was obtained by means of a Site Development Plan, SDP 94-056, which identified the subject structure as a 3,000 square foot “recreational building (clubhouse).” This is consistent with Building Permit No. 940007128, issued on 9/13/1994, and for which a Certificate of Occupancy was issued on (Continued on Page 4) Page 442 of 1035 PDI-PL20250005556 Page 2 of 7 Egret’s Walk – Pelican Marsh PUD March 4, 2026 Page 443 of 1035 PDI-PL20250005556 Page 3 of 7 Egret’s Walk – Pelican Marsh PUD March 4, 2026 SURROUNDING LAND USE AND ZONING (related to the subject parcel) This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the Egret’s Walk Subdivision: North: Preserve, then single-family residential, within the Pelican Marsh PUD East: Oak Moss Road (Right-of-Way), then Sweet Grass Way (Right-of-Way), then single-family residential South: Preserve/Buffer area, then Single-family residential within the Mercato MPUD West: Preserve, then Tamiami Trail North (Right-of-Way), then Commercial Intermediate (C-3) Collier County GIS Remainder of page intentionally left blank Page 444 of 1035 PDI-PL20250005556 Page 4 of 7 Egret’s Walk – Pelican Marsh PUD March 4, 2026 Purpose/Description of Project (Continued from Page 1) 2/22/1995. Construction Plans within the permit file yield a 2-story building with a second story comprising a 995 square foot “Manager’s Unit” (Great Room, Master Bedroom, Bedroom 2, Kitchen, and Bathroom). The Association would like the flexibility to rent the subject unit to others and, therefore, requests that said unit be designated as one of the 50 rental units allowed within the Residential Land Use District of the PUD. There are to be no physical changes to the subject recreation/clubhouse building, and there is no change to the allowable density. Staff notes that this request is being made to abate or nullify an existing code enforcement action, Case No. CELU20250001730, for which a Notice of Violation was issued on 04/28/2025. STAFF ANALYSIS: Comprehensive Planning: The subject property is located in the Egret’s Walk Subdivision of the Pelican Marsh PUD, as identified on the county-wide Future Land Use Map (FLUM). The proposed textual update to revise the existing caretaker's residential unit within the existing recreational facility to a residential rental unit is an allowed accessory use within the PUD. The residential rental unit is deemed consistent with the Pelican Marsh PUD and thus does not require an amendment to the GMP. See attached Consistency Memorandum. Conservation and Coastal Management Element: Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). Environmental Review: Environmental Planning staff has reviewed the petition and finds that there is no impact upon the PUD preserve requirements that have been previously satisfied. Transportation Element: Transportation Planning staff reviewed the application and found there to be no additional impacts to those previously approved. Landscape Review: Landscape staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications under review at the present time. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1 Criteria: Page 445 of 1035 PDI-PL20250005556 Page 5 of 7 Egret’s Walk – Pelican Marsh PUD March 4, 2026 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 five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial, and industrial land uses (excluding preservation, conservation, or open space), or a proposed relocation of nonresidential land uses? No, the requests do not impact the size of non-residential areas or propose to relocate such areas within the PUD boundary. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? No, there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No. The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No. The proposed changes will not impact or increase stormwater retention or increase stormwater discharge. Page 446 of 1035 PDI-PL20250005556 Page 6 of 7 Egret’s Walk – Pelican Marsh PUD March 4, 2026 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. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)(e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The record from the subject public hearing, including expert testimony and evidence, demonstrates that the Pelican Marsh PUD is designated as a DRI, and the proposed changes do not require a hearing by Collier County pursuant to the guidelines under Section 380.06, Florida Statutes, and do not constitute a substantial deviation. The proposed change follows the process outlined in Land Development Code Section 10.02.13 governing Planned Unit Developments. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? Based upon the analysis provided above, the proposed change is not deemed to be substantial. LDC Section 10.02.13.E.2 Criteria: Does this petition change the analysis of the findings and criteria used for the original application? No, the proposed change does not affect the original analysis and findings for the original application. The PUD findings provided for PUDR-PL20140002211 are attached herewith. DEVIATION DISCUSSION: Page 447 of 1035 PDI-PL20250005556 Page 7 of 7 Egret’s Walk – Pelican Marsh PUD March 4, 2026 No deviations are being requested as part of this application. NEIGHBORHOOD INFORMATION MEETING (NIM): A duly advertised NIM was held at 5:30 pm on November 6, 2025, at the Collier County Library Headquarters, Sugden Theater, located at 2385 Orange Blossom Drive, Naples, Florida. The Sign-In Sheet reveals 11 members of the public participating and one county employee. The meeting commenced on-time and a presentation was given by Mr. Noel Davies. Mr. Davies fully explained what is being requested by the Applicant and noted that there are no requested physical changes to the subject property or its density. He clarified that the Applicant is not seeking to add additional units to develop the subject property, but rather to make the zoning change so that the legal documents governing the subject property are fully consistent with the use that has existed for many years. Mr. Davies entertained questions from the audience upon concluding his presentation. Staff observed no opposition to the project. See Attachment E for NIM Summary and additional information. STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner approve Petition PDI-PL20250005556, by amending Section 3.4.A.9 of the PUD document to allow one of the 50 rental residential units allowed in the PUD to be located in the clubhouse at the Egret’s Walk Condominium recreation/clubhouse building, as provided for within Attachment A. Attachments: Attachment A – PUD Insubstantial Change, Section 3.4.A.9 Attachment B – Ordinance 2002-71 Attachment C – GMP Consistency Review Attachment D – PUD Rezone Findings of Fact Attachment E – SDP 94-056 Attachment F – Building Permit No. 940007128 Attachment G – Code Enforcement No. CELU20250001730 Attachment H – Applicant’s Backup – Application and Supporting Documents Attachment I – Publication Confirmation Page 448 of 1035 Words struck through are deleted; words underlined are added. SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R". 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 3-1 Page 449 of 1035 Words struck through are deleted; words underlined are added. 7. Schools (public or private) 8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. One rental unit may be located in the clubhouse at the Egret’s Walk Condominium recreation building. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" district. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. Page 450 of 1035 Page 451 of 1035 Page 452 of 1035 Page 453 of 1035 Page 454 of 1035 Page 455 of 1035 Page 456 of 1035 Page 457 of 1035 Page 458 of 1035 Page 459 of 1035 Page 460 of 1035 Page 461 of 1035 Page 462 of 1035 Page 463 of 1035 Page 464 of 1035 Page 465 of 1035 Page 466 of 1035 Page 467 of 1035 Page 468 of 1035 Page 469 of 1035 Page 470 of 1035 Page 471 of 1035 Page 472 of 1035 Page 473 of 1035 Page 474 of 1035 Page 475 of 1035 Page 476 of 1035 Page 477 of 1035 Page 478 of 1035 Page 479 of 1035 Page 480 of 1035 Page 481 of 1035 Page 482 of 1035 Page 483 of 1035 Page 484 of 1035 Page 485 of 1035 Page 486 of 1035 Page 487 of 1035 Page 488 of 1035 Page 489 of 1035 Page 490 of 1035 Page 491 of 1035 Page 492 of 1035 Page 493 of 1035 Page 494 of 1035 Page 495 of 1035 Page 496 of 1035 Page 497 of 1035 Page 498 of 1035 Page 499 of 1035 Page 500 of 1035 Page 501 of 1035 Page 502 of 1035 Page 503 of 1035 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ CONSISTENCY MEMORANDUM TO: John Kelly, Planner III, Zoning Services Growth Management Community Development FROM: Kathryn Grigsby, Planner III, Comprehensive Planning Section Growth Management Community Development DATE: August 14, 2025 SUBJECT: PL20250005556; Egret’s Walk Commons Association, Pelican Marsh PUD, Planned Unit Development Insubstantial Change (PDI) _________________________________________________________________________________ REQUEST: The petitioner is requesting to amend Section IV of the Pelican Marsh Planned Unit Development (PUD), Ordinance 02-71. More specifically, the request revises the description and use of the existing care-taker’s unit to instead allow a residential rental unit located within the recreational facility or community building of Egrets Run within the Egret’s Walk Subdivision of the Pelican Marsh PUD. LOCATION: The 15.55-acre subject property is located west of Goodlette Frank Road North, south of Immokalee Road, and north of Vanderbilt Beach Road, more specifically located in the Egret’s Walk Subdivision, Section 34, Township 48, Range 25, Collier County Florida. Parcel Number 66679200453. COMPREHENSIVE PLANNING COMMENTS: The subject property is located in the Egret’s Walk Subdivision of the Pelican Marsh PUD, as identified on the county-wide Future Land Use Map (FLUM). The purpose and intent of the Pelican Marsh PUD is to encourage principle uses for the Residential (R-1) District to include housing, churches, educational institutions, and assisted living facilities. The Pelican Marsh PUD does not implicitly list “manager’s unit” nor “community building” within Section III’s permitted uses, however; it is considered an accessory use to the residential development per Sec.2.03.02. The proposed change to revise the “manager’s unit” to a “residential rental unit” does not have an adverse impact on the FLUE designation, and is therefore consistent with principal uses and accessory uses of the Pelican Marsh PUD. Consistency with the FLUE of the GMP: Relevant FLUE Objectives and policies are stated below (in italics); followed by staff analysis [in bold]. Page 504 of 1035 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ OBJECTIVE 5: Implement land use policies that promote sound planning, protect environmentally sensitive lands and habitat for listed species while protecting private property rights, ensure compatibility of land uses and further the implementation of the Future Land Use Element. Current petition for a textual update to allow for a residential rental unit within the recreational facility is compatible with the existing residential zoning classification and is compatible with existing and adjacent land uses. Policy 5.1: Land-use policies supporting Objective 5 shall be implemented upon the adoption of the GMP. Current petition adheres to the GMP and under said policy has designated this site as a residential planned unit development (PUD) within the Pelican Marsh PUD. The textual clarification for the rental unit in the recreational facility or community building within the Pelican Marsh PUD (ORD. 02-71) is deemed consistent with the Future Land Use Element (FLUE) designations. CONCLUSION: Based upon the above analysis, the proposed textual update to revise the existing care-takers residential unit within the existing recreational facility, to a residential rental unit—is an allowed accessory use within the PUD. The residential rental unit is deemed consistent with the Pelican Marsh PUD and thus, does not require an amendment to the GMP. Page 505 of 1035 The information appearing below has been extracted from the Staff Report for PUDR-PL20140002211 * * * * * PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, “In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan’s compliance with the following criteria:” 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to comply with all County regulations regarding drainage, sewer, water, and other utilities. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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 a nd 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 and roadway access to the subject site. Additionally, the development will be required to gain platting and/or site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, 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 GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 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. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD was approved. As previously stated, to address the concern of automobile headlights shining into the existing residences from the proposed access road, the applicant is providing a Type B Landscape Buffer along the access road and adjacent to the existing Wilshire Lakes residences. Page 506 of 1035 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project exceeds 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 roadway infrastructure has adequate capacity to serve the proposed project at this time. It is consistent with the GMP at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project’s development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan (SDP) review. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If “ability” implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property does have the ability to support expansion. 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. Not applicable. As previously stated, the changes are to add additional land and an access road into the PUD boundary. 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Ordinance/Code: The Collier County Land Development Code, 20044'1, As Amended, Section 2.02.03, Prohibited Uses. General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) Any use or struc{ure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDG. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstruc{ed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located.: Violation Status - lnitial DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE V|OI-ATTON(S). Dld Witness: Renting the employee residential dwelllng above the Clubhouse is a prohiblted land uselProhibited Use within the Golf Gource/Open Space Tract as provlded for in Ordinance 02-71. ORDER TO CORRECT VIOLATION(S}: You are dlrected by this Notice to take the following corrective actlon(s): lnitial lnspection Follow-up 1. Cease the renting of employee housing, which is not a permitted, accessory, or conditional use in this zoning district. 2. Must comply with atl land use standards of the Collier County Land Development Code 04-41 and Ordinance 02-71, as amended 3. Remove all rental advertising of the Employee housing above the Clubhouse. o) Page 666 of 1035 ON OR BEFORE: 05t3012025 Failure to correct violations may reeult in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to ${000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone:239 252-2440 FAX: 239 252-2343 ld,arle*u 5uc* I nvestigator Sig natu re Larry Sweet Case Number: CELU20250001 730 Signature and d1 do Name of Recipient € {his violation may reguire additional compllance and approval from other departnen6 whlch may be requircd under local, state and federal regulations, including, but not llmltod to: right of-way permtt, building permlt, demolltlon of atructurc, Site Ilevelopment Plan, lnsubetantial Ghange to Site Development Plan, and Varlances along with, payment of impact fees, and any new or oubtanding fees rcquitrd for approval. ffi{' (Atu tO Page 667 of 1035 Egret's Walk Commons Association, Inc. Egret's Walk Commons Association, Inc., c/o Noel J. Davies, Esq. 1415 Panther Lane, Suite 442 Naples FL 34109 239-405-8033 239-216-2792 noel.davies@daviesduke.com Noel J. Davies, Esq. Davies Duke, PLLC 1415 Panther Lane, Suite 442 Naples FL 34109 239-405-8033 239-216-2792 noel.davies@daviesduke.com / catherine.louise@daviesduke.com Page 668 of 1035 PELICAN MARSH PUD 02-71 66679200453 X X X X Page 669 of 1035 Page 670 of 1035 Noel J. Davies, Esq. 07/01/2025 Page 671 of 1035 INSUBSTANTIAL CHANGE TO PUD (PDI) EGRET’S WALK COMMONS ASSOCIATION, INC. PROJECT NARRATIVE The subject property is located within the Egret’s Walk community within the Pelican Marsh PUD, Section III, Residential Land Use District, pursuant to Ordinance 02-71. The subject property includes a clubhouse with a “manager’s unit”. The purpose of this insubstantial change is to indicate one of the 50 rental units allowed in the Residential Land Use District will be located within the clubhouse building at the Egret’s Walk Condominium Commons parcel. There will be no physical changes to the subject clubhouse building. Please see attached strike-through/underlined version of the proposed language revising the PUD. Page 672 of 1035 952 Egrets Run Parcel ID: 66679200453 Page 673 of 1035 Page 674 of 1035 Page 675 of 1035 Page 676 of 1035 Page 677 of 1035 Page 678 of 1035 Page 679 of 1035 Page 680 of 1035 Page 681 of 1035 Page 682 of 1035 Page 683 of 1035 Page 684 of 1035 Page 685 of 1035 Page 686 of 1035 Page 687 of 1035 Page 688 of 1035 Page 689 of 1035 Page 690 of 1035 Egret's Walk Commons Association, Inc., a Not For Profit Corporation 100% Page 691 of 1035 Page 692 of 1035 Page 693 of 1035 Words struck through are deleted; words underlined are added. SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Pelican Marsh Community designated on the Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R". 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Detached Dwellings. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two -family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 3-1 Page 694 of 1035 Words struck through are deleted; words underlined are added. 7.Schools (public or private) 8.Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9.Rental Residential Units Up to 50 residential units, which shall not be subject to the definition of "dwelling, multiple family", contained in Division 6.3 of the Land Development Code, may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. One rental unit may be located in the clubhouse at the Egret’s Walk Condominium recreation building. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf course use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 10.Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" district. B.Accessory Uses and Structures: 1.Accessory uses and structures customarily associated with principal uses permitted in this district. 2.Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. Page 695 of 1035 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20250005556---------------------------- (title, if I, David 0'Loughlin (print name), as President applicable) of Egret's Walk Commons Association, Inc. (company, If applicable), swear or affirm under oath, that I am the {choose one) owner[L]applicantOcontract purchaserOand that: *Notes: 1.I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2.All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3.I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4.The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5.We/I authorize Noel T. Davies, Esq., Davies Duke, PLLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. •If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. •If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." •If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. •If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. •If the applicant is a trust, then they must include the trustee's name and the words "as trustee". •In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authprization and that the facts stated in it are true. £J,t11, &_�fez:. � Sig�David O'Loughlin, as President A\, .. '�'\ of Egrets Walk Commons Association, Inc. Date STATE OF FLORIOA CJII\.\ c, COUNTY OF COLLIER 1CJl'fCJ,V\� The foregoing instrument was acknowleged before me by means of �ysical presence or D online notarization this 024 day of Ju"", 20..25, by (printed name of owner or qualifier) l)ov,cd O I Lo"� ti"Q . Such person(s) Notary Public must check applicable box: ir-i Are personally known to me ,,,,.,,,,,_ bl ,, �y /: •,, �as produced a current drivers license �qi;;_;;�'' -tti�.,\ Aparna Dave·i-111,/ .-,,* � 1 �-.. a y .. ;r-'ai □ Has produced _________ as identification. '. ,,; . _,.L / My Commission Expires ,·�;} ��,.._ Notary Signature: If}:,..� ',,1,", .... ., •• / April 02, 2028 CP\08-COA-00115\155 REV 3/4/2020 Page 696 of 1035 1415 Panther Lane, Suite 442, Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@daviesduke.com www.DaviesDuke.com Offices: Naples, Bonita Springs December 1, 2025 Page 1 of 3 PL20250005556 - Insubstantial Change to the Pelican Marsh Planned Unit Development (PUD) Egret’s Walk Condominium Commons Summary of Neighborhood Information Meeting Held November 6, 2025 I. Introduction In accordance with Chapter 8(B) of the Collier County Administrative Code for Land Development, the Applicant, Egret’s Walk Common’s Association, Inc, (the “Applicant”), hereby provides this written summary of the Neighborhood Information Meeting (“NIM”) for PL20250005556, which was held on November 6, 2025 at the Collier County Library Headquarters, Sugden Theater, located at 2385 Orange Blossom Drive, Naples, FL 34109. The Applicant’s attorney, Noel J. Davies, Esq., Davies Duke, PLLC, was the sole agent of the Applicant that attended the meeting II. Summary of Applicant’s Presentation Mr. Davies began the meeting by introducing himself. He explained that the meeting is required by Collier County and explained the purpose of the meeting was to inform the public of the subject request, and to answer any questions of the public about what is being proposed. He noted that the Applicant is not a developer, and stated that the Applicant is requesting a minor change to the governing zoning document for the subject property. Mr. Davies stated that the objective of the meeting was to walk the public through the Applicant’s request, and that the request will be heard at a future public hearing before the Collier County Hearing Examiner. He noted that everyone who received notice for the NIM will also receive notice for the public hearing once it is scheduled. He noted that the meeting was being recorded, and instructed the public to come up to the microphone if they wished to ask any questions so that they may be captured on the recording. Mr. Davies pointed out that John Kelly was in attendance at the NIM on behalf of Collier County. He asked that, if anyone was to ask a question, that they provide their name and where they live, which is important for understanding their comments and questions. Mr. Davies explained that the Applicant is the owner of the subject property, which is located at 952 Egret’s Walk, and that it is the clubhouse building within the Egret’s Walk neighborhood, the second floor of which contains one residential dwelling unit. He noted that there has historically been some confusion as to what the specific designation for the residential dwelling unit is, and that that is a key part of the Applicant’s request. He stated that the historical documents appear to characterize the residential dwelling unit as a caretaker’s residence. He noted that, when Pelican Marsh was developed, it was not uncommon for such a facility to have a manager’s or caretaker’s unit, where an on-site manager Page 697 of 1035 Page 2 of 3 would be able to live. He said that that is not how the management of Egret’s Walk works, and that part of the request is keeping up with the times, as the designation of the unit has not been updated since Pelican Marsh was developed. He provided an aerial image of the location of the subject property, and explained that the subject property is located in the Residential District of the Pelican Marsh PUD, and designated as Urban Residential Subdistrict within the Collier County Future Land Use Map. He provided a copy of the master concept plan for Pelican Marsh and noted the location of the subject property thereon, and that the plan is part of what governs the zoning of the subject property. He explained the various use designations permitted in Pelican Marsh as listed on the master concept plan, and the plan goes back the original plan for the development of Pelican Marsh. He expressed that the Applicant is not seeking to amend the zoning for the entirety of Pelican Marsh, but that the Applicant is only seeking to amend the zoning as it applies to the subject property. He then provided an aerial of the subject property as depicted on the Collier County Future Land Use Map. Mr. Davies explained that, upon discussing the matter with Collier County, both the Applicant and Collier County agreed that the changes requested by the Applicant could be accomplished through an insubstantial change to the Pelican Marsh PUD, which will add clubhouse as a use in the Residential District, clarify the language regarding the residential dwelling unit to permit the unit to be rented to someone other than an on-site manager. Historically, Mr. Davies stated his understanding was that the residential dwelling unit has been rented out to someone other than a caretaker for decades, and so the request seeks to make the subject property fully conforming with the zoning and the antiquated legal documents that govern the original development of Pelican Marsh to bring the subject property current to the time and to allow, for example, a 12-month lease with a third party occupant. Mr. Davies noted that there are no requested physical changes to the subject property or its density. He clarified that the Applicant is not seeking to add additional units to develop the subject property, but rather to make the zoning change so that the legal documents governing the subject property are fully consistent with the use that has been there for many years. Mr. Davies then provided the specific text amendment that the Applicant is proposing to Section 3.4 of the Pelican Marsh PUD, noting that a clubhouse with a residential rental dwelling unit will be added as a permitted use to the Residential District. He noted that the Applicant worked with Collier County Staff on the proposed language, and that Collier County Staff is still reviewing the request. Mr. Davies noted that what follows the NIM is more feedback from Collier County Staff, and that they will work through any language issues or other comments Collier County Staff may have. He said that the request will be decided as a final matter by the Collier County Hearing Examiner Mr. Davies noted that Collier County Staff concluded that the request is consistent with the land use. He said that the next steps will include a formal review and/or sign off by John Kelly and his team at Collier County, and that any additional comments will be addressed in a resubmittal. He noted that a summary and recording of the NIM will be provided to Collier County, and that he is there to answer any questions and to clarify exactly what is being proposed. He said that something that is such a minor or small request still has to go through the full public hearing process, including the NIM, and that all types of requests, regardless of the extent, must hold a NIM. Mr. Davies concluded his presentation and opened the meeting up for questions. III. Summary of Questions and Comments The first question was asked by Kimberly Martin, resident of Egret’s Walk. Page 698 of 1035 Page 3 of 3 Question: I’m wondering how this all got started and who’s paying your bill? Mr. Davies: So, my client is the association for Egret’s, so that is, the legal name of that entity is Egret’s Walk Commons Association, Inc, and that is the owner of the subject property, including the clubhouse and the residential unit above it. So, that is my client and the applicant for this proceeding. I think part of how this got started was, I understand that there was a long term occupant of that space, that occupant no longer was there a few years ago now, again my dates aren’t perfect, but best of my recollection from my client is that the space was then renovated and occupied, I think through a lease with a tenant. This issue arose with respect to consistency with the zoning document and whether that could be rented out and so, in working with the County on what to do about that because of what I mentioned about the sort of antiquated legal documents and bringing them up to current. That was what sort of sparked having to go through this process. It’s quite a lengthy process, candidly, and is something that is really more appropriate for a fresh development, but it is a process that is governed by the County regulations and so all properties within unincorporated Collier County have to go through that process if they would like to make some sort of language clarification. The next comment was made by Chet Oliver, resident of Egret’s Walk. Comment: I don’t think we have any major questions. I think we all know what has been going on, I’ve been here for 9 years. We know this apartment up over the top of the clubhouse. I think we’re all in favor of the property being renovated and rented out and have income come in. I think most of us are in favor. We appreciate your presentation. Thank you so much. Mr. Davies: Appreciate the feedback. Thank you, sir. Mr. Davies said that everyone who signed in will get additional updates on the request, and that he will leave business cards for anyone who wishes to contact him. Mr. Davies then concluded the meeting. Page 699 of 1035 •LocaliQ Florida -GAblNETt AFFIDAVIT OF PUBLICATION PO Box 631244 Cincinnati, OH 45263-1244 Catherine Louise - Catherine Louise Davis Duke, Pile 7521 Cordoba CIR Naples FL 34109-7117 STATE O F W ISCO NS IN, CO UNTY O F BRO W N Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Naples Daily News, a newspaper published in Collier County, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: NON Naples Daily News 10/17/2025 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 10/17/2025 _... Legal Clerk Notary, State of WI, ©bunty }fBrown ) My commission expires Publication Cost: Tax Am ount: Paym ent Cost: O rder No: Custom er No: PO #: THIS IS NOT AN INVOICE! $660.56 $0.00 $660.56 11756523 1126047 # of Copies: 1 Please do not use thisformfor payment remittance. KONGMENG YANG Notary Public State of Wisconsin Pa g e 1 of 2 Page 700 of 1035 PUBLIC NOTICE The public is invited to attend a Neighborhood Information Meeting held by Davies Duke, PLLC, on: Thursday, November 6, 2025 at 5:30 p.m., at the Collier County Library Headquarters, Sugden Theater, located at 2385 Orange Blossom Dr., Naples, FL 34109 The subject property is located at the Clubhouse within the Egret's Walk community within the Pelican Marsh PUD, located at 952 Egrets Run, in Section 34, Township 48 South and Range 25 East. Egret's Walk is approximately ± .5 miles north of Vanderbilt Beach Road, east of Tamiami Trail North. An application has been submitted to Collier County seeking approval for the following: An Insubstantial Change to the Pelican Marsh Planned Unit Development (PUD), to indicate one of the 50 rental units allowed in the Residential Land Use District will be located within the clubhouse building at the Egret's Walk Condominium Commons parcel. There will be no physical changes to the subject clubhouse building. [PL20250005556] If you are unable to attend the meeting in person and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Noel J. Davies, Esq. Davies Duke, PLLC 1415 Panther Lane, Suite 442 Naples, FL 34109 Phone: 239-405-8033 Email: Catherine.Louise@daviesduke.com Page 701 of 1035 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers October 22, 2025 Dear Property Owner, The public is invited to attend a Neighborhood Information Meeting held by Davies Duke, PLLC, on: Thursday, November 6, 2025 at 5:30 p.m., at the Collier County Library Headquarters, Sugden Theater, located at 2385 Orange Blossom Dr., Naples, FL 34109 The Collier County Public Library does not sponsor or endorse this program. The subject property is located at the Clubhouse within the Egret’s Walk community within the Pelican Marsh PUD, located at 952 Egrets Run, in Section 34, Township 48 South and Range 25 East. Egret’s Walk is approximately ± .5 miles north of Vanderbilt Beach Road, east of Tamiami Trail North. An application has been submitted to Collier County seeking approval for the following: An Insubstantial Change to the Pelican Marsh Planned Unit Development (PUD), to indicate one of the 50 rental units allowed in the Residential Land Use District will be located within the clubhouse building at the Egret’s Walk Condominium Commons parcel. There will be no physical changes to the subject clubhouse building. [PL20250005556] Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Noel J. Davies, Esq. Davies Duke, PLLC 1415 Panther Lane, Suite 442 Naples, FL 34109 Phone: 239-405-8033 Email: Catherine.Louise@daviesduke.com Page 702 of 1035 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO ADDRESSTYPE 1101 EGRETS WALK LAND TRUST 18115 US HIGHWAY 41 N STE #600 LUTZ, FL 33549---0 30850003007 U 1108 EGRETS WALKS LLC 9185 TROON LAKES DR NAPLES, FL 34109---0 30850002286 U 1301 EGRETS LANDING LLC 2426 RAVENNA BLVD #202 NAPLES, FL 34109---0 30850003942 U 9123 STRADA LLC 128 W ST NAPLES, FL 34108---0 74975001461 U 9123-7028 STRADA PLACE LLC 4349 CALDERA CIR NAPLES, FL 34119---0 74975001144 U 985 SANDPIPER LLC 5877 HAMMOCK ISLES CIRCLE NAPLES, FL 34119---0 74975001681 U ABOOD, RICHARD GEORGE 9225 MERCATO WAY NAPLES, FL 34108---0 69288001448 U ADAMS, CHAD ANTHONY KRISTEN LEE ADAMS 9233 MERCATO WAY NAPLES, FL 34108---0 69288001406 U AKELLIAN, JEFFREY LOUIS KANLAYA AKELLIAN 1093 EGRETS WALK CIR #202 NAPLES, FL 34108---0 30850002969 U ALEC-GATOR INC 868 94TH AVE N NAPLES, FL 34108---2451 62764440009 U 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Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. 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30850004006 F NICHOLAS, LOIS 7 HALLAMS DRIVE NANTWICH CHESHIRE CW5 7RN ENGLAND 30850002228 F SIDHOM FAMILY 2021 LTD 2488 HEMMFORD DRIVE OAKVILLE L6M 4R6 CANADA 30850003188 F TRAUBNER, JOHN ADELHEID BERNHARDT KAPELLENSTR 76 65193 WIESBADEN GERMANY 66679210980 F TUMA, PETR CVRCKOVA 7459 PRAHA 9 19800 CZECH REPUBLIC 74975000967 F VADBONCOEUR, CLAUDE PAULE GAGNON 3-101 JARDINS MERICI QUEBEC CITY G1S 4M4 CANADA 30850004048 F EGRET'S WALK AT PELICAN MARSH I A CONDOMINIUM 66679200479 EGRET'S WALK AT PELICAN MARSH II A CONDOMINIUM 66679200482 EGRET'S WALK AT PELICAN MARSH III A CONDOMINIUM 66679200495 EGRET'S WALK AT PELICAN MARSH IV A CONDOMINIUM 66679200505 EGRET'S WALK AT PELICAN MARSH V A CONDOMINIUM 66679200521 STRADA, THE A CONDOMINIUM 00177002009 POList_500 Page 706 of 1035 Page 707 of 1035 952 Egret’s Run PUD Insubstantial Change (PDI) Neighborhood Information Meeting PL20250005556 Orange Blossom Library November 6, 2025 Page 708 of 1035 General Information •Required Neighborhood Information Meeting (prior to the public hearing). •The public hearing with the Collier County Hearing Examiner has yet to be scheduled. •We are recording this meeting. After the presentation, the meeting will be open for questions. You must use the microphone, identify yourself, and indicate where you live. Page 709 of 1035 Applicant •Applicant: Egret’s Walk Commons Association, Inc. •David O’Loughlin, President •Applicant’s Attorney: Noel J. Davies, Esq., Davies Duke, PLLC Page 710 of 1035 Project Location – 952 Egret’s Run Page 711 of 1035 Project Location – 952 Egret’s Run Page 712 of 1035 Zoning and Future Land Use •The subject property is located in the Residential District of the Pelican Marsh PUD. •The subject property is designated as “Urban Residential Subdistrict” on the Future Land Use Map. Page 713 of 1035 Page 714 of 1035 Page 715 of 1035 Request •The Applicant requests an insubstantial change to the Pelican Marsh PUD to add “clubhouse” as an existing use to the Residential District, and to change the “caretaker unit” above the clubhouse to a “residential dwelling unit” so that it may be rented out. •Permits the already existing clubhouse to be consistent with the subject property’s zoning. •Allows the existing dwelling unit above the clubhouse to be rented. •No physical changes to the clubhouse or changes in density are proposed. Page 716 of 1035 Proposed Text Amendment •The following change is proposed to Section 3.4 of the PUD: Page 717 of 1035 Collier County Staff Review •Staff concluded that the Request is consistent with the subject property’s future land use: “Based upon the above analysis, the proposed textual update to revise the existing care-takers residential unit within the existing recreational facility, to a residential rental unit—is an allowed accessory use within the PUD. The residential rental unit is deemed consistent with the Pelican Marsh PUD and thus, does not require an amendment to the GMP. Page 718 of 1035 Next Steps •The Request will continue to be reviewed by Collier County Staff. •Applicant will address any comments made by Staff. •The application will be presented before the Collier County Hearing Examiner for approval at a duly noticed public meeting. Page 719 of 1035 QUESTIONS? Page 720 of 1035 ·-I I l I I I ---------------£ ')(. 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Page 721 of 1035 Page 722 of 1035 Page 723 of 1035 Page 724 of 1035 Page 725 of 1035 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., March 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-PL20250005556 – REQUEST FOR AN INSUBSTANTIAL CHANGE TO THE PELICAN MARSH PLANNED UNIT DEVELOPMENT (PUD), ORDINANCE NUMBER 02-71, AS AMENDED, BY AMENDING SECTION 3.4.A.9 OF THE PUD DOCUMENT TO ALLOW ONE OF THE 50 RENTAL RESIDENTIAL UNITS ALLOWED IN THE PUD TO BE LOCATED IN THE CLUBHOUSE AT THE EGRET’S WALK CONDOMINIUM RECREATION BUILDING AT 952 EGRETS RUN IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. Page 726 of 1035 As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events after the agenda is posted on the County website. Registration should be done in advance of t he public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@collier.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 727 of 1035 Page 728 of 1035 Page 729 of 1035 Page 730 of 1035 Page 731 of 1035 Page 732 of 1035 Page 733 of 1035 Page 734 of 1035 3/26/2026 Item # 3.F ID# 2026-598 PETITION NO. PL20250014954 CUD - Tamiami Crossing CPUD - Tamiami Trail East and 6662 Collier Boulevard - Request for a determination that a liquor store (SIC 5921) is comparable and compatible in nature to other permitted uses in Exhibit A, Section I.A, of the Tamiami Crossing Commercial Planned Unit Development (CPUD) adopted by Ordinance Number 08-50, as amended. The subject CPUD comprises 13030, 13050, 13080, and 13100 Tamiami Trail East and 6662 Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 ATTACHMENTS: 1. Staff Report 03062026 2. Attachment A - Ordinance 2015-14, Tamiami Crossing CPUD 3. Attachment B - SDP-PL20130002170 Tamiami Crossing 4. Attachment C - Activity Center 18 5. Attachment D - ZLTR-PL20260000177 6. Attachment E - Applicant's Backup, Application and Supporting Documents 7. Attachment F - Publication Confirmation Page 735 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 1 of 8 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 26, 2026 SUBJECT: PCUD-PL20250014954; TAMIAMI CROSSING CPUD, RETAIL LIQUOR PROPERTY OWNER/AGENT: Owner/Applicant: Agent: KRG 951 & 41 LLC Wayne Arnold, AICP 30 South Meridian St, Suite 1100 Pape-Dawson Consulting Engineers, LLC Indianapolis, IN 46204 3800 Via Del Ray Bonita Springs, FL 34134 REQUESTED ACTION: Request for a determination by the Hearing Examiner that a liquor store (SIC 5921) is comparable in nature to other permitted uses in Exhibit A, Section I.A, of the Tamiami Crossing Commercial Planned Unit Development (CPUD) adopted by Ordinance No. 08-50, as amended. GEOGRAPHIC LOCATION: The Tamiami Crossing CPUD comprises approximately 25.02 acres located within the southeast quadrant of the intersection of Collier Boulevard (S.R. 951) and Tamiami Trail (U.S. 41). The CPUD comprises 13030, 13050, 13080, and 13100 Tamiami Trail East and 6662 Collier Boulevard, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. (see location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The subject CPUD is located within Activity Center #18, as designated on the Future Land Use Map (FLUM), which allows a full array of commercial uses. When determining which uses are allowable within a designated area, both the subject CPUD and the Land Development Code (LDC) incorporate numerical references that are defined within the “Standard Industrial (Continued on Page 5) Page 736 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 2 of 8 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the boundaries of the subject property: Page 737 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 3 of 8 North: A CenturyLink hub and a county lift station operating within a Residential Single- Family-3 (RSF-3) Zoning District, A Shell Gas Station within a General Commercial (C-4) Zoning District, as well as Tamiami Trail East (Right-of-Way), then shopping plaza in a Heavy Commercial (C-5) Zoning District East: Conservation property located within a Rural Agricultural (A) Zoning District South: Preserve/Open Space and water management areas within the Artesia Pointe PUD West: Collier Boulevard (Right-of-Way), then a shopping center within a General Commercial (C-4) Zoning District to the North and preserve/residences within the Eagle Creek PUD to the south Collier County GIS Page 738 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 4 of 8 PUD Master Plan, Ord. 15-14 PURPOSE/DESCRIPTION OF PROJECT: (Continued from Page 1) Classification (SIC) Manual – 1987, published by the Executive Office of the President – Office of Management and Budget, for the purpose of providing clarity and specificity. Except for areas designated Preserve and Open Space, all other developable locations within this CPUD are allocated for Commercial use up to a maximum of 235,000 square feet of gross commercial floor area. As Liquor Stores (SIC 5921) are not specifically listed as a permitted use within the list of permitted uses, the petitioner seeks to allow for their approval by demonstrating that they are Page 739 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 5 of 8 comparable and compatible to satisfy the terms of Permitted Use #37, which reads: “Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals or Hearing Examiner as applicable.” Liquor Stores, retailers selling packaged beer, wine, and liquor, have been assigned SIC 5921, which is within Major Group 59 – Miscellaneous Retail. The petitioner states: “Group 59 is a miscellaneous retail group that provides for uses such as drug stores, sporting goods stores, bookstores, jewelry stores, and many other retail stores. The PUD also permits a wide variety of general merchandise stores, such as department stores and warehouse clubs. The PUD also allows food stores, convenience stores, and restaurants. The proposed liquor store use (SIC 5921) would be an in-line retail establishment within the existing 147,000+/- square feet center, not unlike ABC Liquor or Total Wine stores located in Collier County. The sale of beer, wine, and spirits does commonly occur in conjunction with grocery stores, convenience stores, and warehouse clubs, which are permitted uses within the Tamiami Crossing PUD. The PUD also allows for consumption on premises for alcohol in a bar or restaurant.” The petitioner has also made it known that the prospective liquor store tenant typically offers on- site wine/liquor tastings for their various products and also conducts seminars/classes for patrons to learn about wine making, etc. These additional offerings are consistent with other retailers of this type, provided that tastings are limited to sample portions and not the full-size servings attributable to a bar or restaurant. STAFF ANALYSIS: In accordance with LDC Section 10.02.06.K, a Comparable Use Determination (CUD) process is to be used to determine whether a specified use is comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. CUDs are to be evaluated using the following criteria, which is then presented at a public hearing for the purposes of approval, approval with conditions, or denial. a. The proposed use possesses similar characteristics to the other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; • There are no restrictions for operating hours for any allowable use within the Tamiami Crossing PUD. The petitioner’s agent states: “The retail liquor store would have hours of operation similar to other retail establishments permitted within the PUD.” Staff notes that Chapter 6, Section 6-1(b) of the Collier County Code of Ordinances states: “No alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under F.S. tit. XXXII (F.S. chs. 561-568) between the hours of 2:00 a.m. and 7:00 a.m.; provided, however, the hours of prohibition for January 1 of each year shall be 5:00 a.m. to 7:00 a.m. Said hours of prohibition shall only apply to the unincorporated areas of the county.” Page 740 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 6 of 8 ii. Traffic volume generated/attracted; • The petitioner’s agent states: “The liquor store use generates comparable traffic trips to other permitted retail uses in the PUD, and fewer trips than uses such as convenience stores and fast-food restaurants, which are also permitted in the PUD.” Staff concurs. iii. Type of vehicles associated with the use; • The petitioner’s agent states: “Liquor stores receive deliveries by box trucks just as most other retail uses do. Customer traffic is by passenger vehicle.” Staff concurs. iv. Number and type of required parking spaces; and • Parking requirements for shopping centers are set by LDC section 4.05.04, Table 17, and are deemed to be adequate for the various permitted uses within such shopping centers. Some uses require less parking, and some require more parking. Traditionally, parking is shared equally amongst all tenants with no assigned spaces. Parking is typically evaluated at the time of permitting. The Tamiami Crossing multiple occupancy retail building received development approval by means of a Site Development Plan (SDP) No. PL20130002170, as amended. The SDP reveals that the subject multiple occupancy retail building was developed with excess parking (See Attachment B) b. The effect the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. • The petitioner’s agent states: “The proposed retail liquor store will have no impact on neighboring properties. The use will be conducted within an existing tenant space within the shopping plaza.” Staff concurs and notes that, as proposed, the proposed business will have no greater impact than any other business at this location. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. • The petitioner’s agent states: “The Tamiami Crossing PUD is located within Mixed-Use Activity Center #18. The liquor store use is consistent with the Collier County Growth Management Plan. The Activity Centers are the areas within the County where most commercial and light industrial uses are intended to be located. This activity center has been developed with a variety of commercial PUDs and conventional C-4 and C-5 zoning and includes many national retail users, including Lowe's Hardware, Fresh Market Grocery, CVS drugstore, and multiple fast-food franchises.” Staff concurs and further notes that the proposed use is not specifically prohibited and is deemed to be consistent. Page 741 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 7 of 8 as the use is comparable to others permitted by right within the commercial component of the PUD. d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. • The applicant’s agent states: “The liquor store will be compatible with the surrounding neighborhood. The immediately adjacent properties have been developed with retail commercial, and service businesses. The liquor store will be an in-line tenant in an existing multi-tenant shopping plaza. The liquor store will have comparable hours of operation as other retail tenants within the shopping plaza.” Staff concurs. e. Any additional relevant information as may be required by County Manager or Designee. • The LDC allows retail liquor stores (SIC 5921) with less than 1,800 square feet as a permitted use within the Commercial Convenience (C-2) district; those over the area limitation can be permitted by applying for and obtaining Conditional Use (CU) authorization. Retail liquor stores with up to 5,000 square feet of area are allowable as a permitted use within the Commercial Intermediate (C-3) district; those with more space can be permitted by applying for and obtaining a CU. Retail liquor stores are allowable as permitted uses, without area restrictions, in both the General Commercial (C-4) and Heavy Commercial (C-5) zoning districts. CONCURRENT LAND USE APPLICATIONS: There are no concurrent land use applications pertaining to the subject properties. PUBLIC NOTICE): Per LDC Section 10.03.06.O and the Administrative Code the following notice procedures are required for: Newspaper Advertisement prior to the advertised public hearing in accordance with F.S. § 125.66. Also allowable is the public posting by the Clerk of Courts, which was accomplished on March 6, 2026. A Comparable Use Determination petition does not require an Agent Letter, Property Owner Notification Letter, Neighborhood Information Meeting, or the posting of a sign on the property. APPEAL OF DECISIONS BY THE HEARING EXAMINER: As to any 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 Page 742 of 1035 PCUD-PL20250014954 Tamiami Crossing PUD March 6, 2026 Page 8 of 8 this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner render a decision that a Retail Liquor Store (SIC 5921), is comparable and compatible with the “Commercial” component of the Tamiami Crossing CPUD, subject to the following conditions of approval: 1. Any on-site service and/or consumption of alcohol at this location shall be limited to product tasting and/or sampling in compliance with applicable federal, state, and local regulations. 2. This Comparable Use Determination is limited to a Retail Liquor Store with ancillary tasting and education only; it shall not authorize an eating place (SIC 5812) or drinking establishment (SIC 5813), which may require a specified separation from other such businesses. Attachments: A. Ordinance 15-14, Amending the Tamiami Crossing CPUD B. Site Development Plan – PL20130002170 C. Activity Center 18 D. Zoning Verification Letter - PL20260000177 E. Applicant’s Backup – Application and Supporting Documents F. Publication Confirmation Page 743 of 1035 ORDINANCE NO. 15- 1 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20140000477] WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing KRG 951 & 41, LLC, petitioned the Board of County Commissioners to amend the Tamiami Crossing Commercial Planned Unit Development ("CPUD"). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to CPUD Document. The CPUD Document, attached as Exhibits "A" through "G" to Ordinance No. 2008-50 is hereby amended and replaced with the CPUD Document attached hereto as Exhibits "A" through"G" and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. 14-CPS-01356/1147404/1189-Tamiami Crossing CPUD 1 of 2 PUDA-PL20140000477-Rev. 1/22/15 SPage 744 of 1035 PASSED AND DULY ADOPTED by u yr majority vote of the Board of County Commissioners of Collier County, Florida, this I U ^day of f j r 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, CLERK COLLIER COUNTY, FLORIDA By: TIM NANCE, Chairman Approved as to form and legality: A L Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Residential Development Standards Exhibit C —Master Plan Exhibit D—Legal Description Exhibit E - List of Requested Deviations Exhibit F—List of Development Commitments Exhibit G—Landscape Buffer hk ar.^,inance fit=d With C .} cf br 0 O Va cnd c:knov:, f;: _;_:n1:;, that filir. received t'is _ day of Deputy 0er3c 14-CPS-01356/1147404/1]89-Tamiami Crossing CPUD 2 of 2 PUDA-PL20140000477-Rev. 1/22/15 C,4 Page 745 of 1035 EXHIBIT A FOR TAMIAMI CROSSING CPUD PERMITTED USES I. PERMITTED USES The 25.4502± acre commercial project shall not be developed with more than a maximum of 235,000 square feet of gross commercial floor area. 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—Commercial Tract: 1. Amusement and recreation services: Groups 7911 and 7991. 2. Apparel and accessory stores: Groups 5611 - 5699. 3. Attorney Offices and Legal Services: Group 811 1. 4. Automotive Dealers and Gasoline Service Stations: Groups 5511 (new and used motor vehicle dealers), 5531 (auto and home supply store), 5541 gasoline service stations [automobile service stations only, with services and repairs as described in the Land Development Code, convenience food and beverage stores, and excluding truck stops - retail. Diesel pumps shall only be provided for automobiles and trucks of one ton or less capacity]) and 5571 motorcycle dealers). 5. Automotive Repair, Services and Parking: Groups 7514, 7515, 7542 (only for automobiles and trucks/buses of one ton capacity or less). 6. Boat Dealers: Group 5551. 7. Bowling Center: Group 7933 8. Building Materials: Groups 5211-5231 9. Business Services: Groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384. 10. Depository Institutions and Non-depository Credit Institutions: Groups 6021- 6163 11. Drinking Establishments and Places: Group 5813 (cocktail lounges permitted only in conjunction with a restaurant). 12. Eating Establishments and Places: Group 5812. 13. Educational Services: Groups 8211 — 8249 and 8299 (no exterior instruction of motorized equipment). Words r• ' ugh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 1 of 13 q Page 746 of 1035 14. Food Stores: Groups 5411, 5421, 5431 (except roadside sales) and 5499. 15. Garden Supply Group: 5261 16. General Merchandise Stores: Groups 5311 - 5399 (including warehouse clubs and discount retail superstores). 17. Hardware Stores: Group 5251. 18. Health Services: Groups 8011 - 8099. 19. Professional Offices: Groups 6712 - 6799. 20. Home Furniture, Furnishings and Equipment Stores: Groups 5712 - 5736. 21. Hotels and Motels: Group 7011. 22. Insurance Agencies, Brokers and Carriers: Groups 6311 -6399 and 6411. 23. Management Services: Groups 8711 - 8748. 24. Membership Organizations: Groups 8611, 8621, 8641 and 8661. 25. Miscellaneous Repair Services: Groups 7622 - 7631. 26. Miscellaneous Retail Services: Groups 5912, 5932 (antiques only), 5941 - 5949 and 5992 - 5999 (except auction rooms, monument and tombstone sales). 27. Movie Picture Theaters: Group 7832. 28. Museums and Art Galleries: Group 8412. 29. Personal Services: Group 7212 (dry-cleaning and laundry pickup stations only), 7215, 7217, 7219 - 7291, and 7299 (car title/tag service and tanning salons only). 30. Public Administration: Groups 9111 - 9661. 31. Real Estate agents and managers (Groups 6512 - 6514, 6519, 6531 - 6552, excluding mobile home brokerage on-site). 32. Security and Commodity Brokers, Dealers, Exchanges and Services: Groups 6211 - 6289. 33. Social Services: Groups 8322 (only adult day care centers, counseling centers, and senior citizens associations), and 8351. 34. Travel Agencies: Group 4724. Words struck c-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 2 of 13 cq Page 747 of 1035 35. Veterinarian's Office: Group 0742 (for household pets only and without overnight boarding or outdoor kennels). 36. Videotape Rental: Group 7841. 37. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals or Hearing Examiner as applicable. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places. 3. Caretaker's residence. 4. Sidewalk sales: outdoor seasonal sales shall be permitted (except roadside sales). II. PROHIBITED USES The following uses shall be prohibited: 1. Tattooing establishments (Group 7299)_ 2. Adult-oriented sales or rentals iGroups 5735 and 7841). III. PRESERVE TRACT 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1. Preserves B. Accessory Uses: 1. Boardwalks,nature trails and shelters. Words struck through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 3 of 13 Page 748 of 1035 2. Any other conservation and related open space activity or use that is comparable in nature with the foregoing uses and which the Board of Zoning Appeals, or designee,determines to be compatible in the Preserve Tracts. Words struck through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 4 of 13 Page 749 of 1035 EXHIBIT B FOR TAMIAMI CROSSING CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUMLOT WIDTH 75 Ft.N/A MINIMUM YARDS (External) From Tamiami Trail (U.S. 41) Not less than 100 feet except SPS 25 feet for outlots. From Collier Blvd. Net-less-than-25 feet. SPS From Pasedo Dr 25 Ft.SPS From Artesa Pointe PUD Boundary 15 Ft.SPS From Western Project Boundary 25 Ft.SPS From Eastern Project Boundary 25 Ft.SPS MINIMUM YARDS (Internal) Internal Drives/ROW 10 Ft.SPS Rear 15 Ft.SPS Side 10 Ft.SPS Preserve 25 Ft.SPS MIN. DISTANCE BETWEEN 10 Ft. or V2 the sum of the 10 Ft. STRUCTURES building heights * MAXIMUM HEIGHT Retail Buildings***Zoned Zoned 35 15 Ft.25 Ft. Actual 40 Ft. Office BuildingsActual Zoned 35 Ft. 25 Ft. 40-50 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. ** N/A MAX. GROSS LEASABLE AREA 235,000 Sq. Ft. N/A SPS =same as principal structure whichever is greater Per subdivided lot, excluding parking areas under buildings Words struelc-through are deleted;words underlined are added. 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E./ a U 0 0 swwz o(wn / w IrIV 0 0 0 0 I zap N .' sLL8w N /' m a 0 0 ° I coF./ w / a 0 W g y 80 U2 w a 0 I w m w a jg o 0 I a w I w w Hz 0c.) // m i 1 0 0 LLa= aw ..zw i O I v,,3YUKN LL p W e w Q ` 1 o p H m UU w w 0 w 1 O Fw @ N a I wd'B Q FdK LLz 4 z- I u 0 5Ow O zw WLL u.J vLLi U~i QOON m Om LA. zm OQ LA I yj1 2 cE pp °.. -- ° I _ 0 3LL O° o LA ma zw o°g m o= o I m o O 0 I/ 00/ Ja i1 ol96'as M w pD 0 4 L.11 LIJ4 J w a 0 J Y ul U q ww H w Z Cr U1a d w> co J W w° W ELuJ 0 O Z w Q W_ o 0 zW w Ci CO Z W it Q U) N D H 0 N D V1 Z W W E w a CjA Page 753 of 1035 EXHIBIT D FOR TAMIAMI CROSSING CPUD LEGAL DESCRIPTION The subject property being 25.4402± acres is located in Section 3, Township 51 South, Range 26 East, and is more fully described as follows: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S. 3" OF TRAIL RIDGE, THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°55'57" WEST, ALONG THE NORTH LINE OF SAID TRACT 0.5. 3", FOR A DISTANCE OF 683.32 FEET TO THE NORTH-EA-ST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH t - el.! _ - e • ' e • e • - _ • e ' - • _ e ' • " " e _ . ! ' • THENCE RUN NORTH 89°55'57" WEST, ALONG SAI-I3 NORTH LINE, FOR A DISTANCE OF 196.99 FEET TO THE NORTHERLYMOSTWESTERLY CORNER OF SAID TRACT "C"; 1' '" • -. • * • - - P. • • C", FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90900'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100.09 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD #951 (RIGHT OF-WAY VARIES); THENCE RUN NORTH 02°30'29" EAST, ALONG SAID EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE RUN NORTH 04°12'04" EAST, e • - - • `- - • - ' HT OF WAY LINE, FOR A DISTANCE 0E-64078-5—FEET; 0 - :004 ' •" - . - ! ' • . • • - e - ;.4.;; - _ - RUN NORTH 15°42'49" WEST FOR A DISTANCE OF 320.11 FEET; THENCE RUN NORTH 35°39'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY OF WAY); THENCE RUN SOUTH 51°20'16" EAST, ALONG SAID SOUTHERLY RIGHT TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA'1k O . . - ! - - - • : FLORIDA; THENCE RUN NORTH 54°20'16" WEST, ALONG THE NORTHERLY LINE OF OF THE PARCEL OF LAND HEREIN DESCRIB-ED, CONTAINING 25.151 ACRES, MORE OR LESS. COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 90 (TAMIAMI TRAIL) WITH THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 951 AS SHOWN ON FDOT RIGHT-OF-WAY MAP DATED 3/18/87 AND HAVING A SECTION NUMBER OF 03030-2511; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 90, SOUTH 54°21'45" EAST Words s.ti-uelf-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 7 of 13 CAC) Page 754 of 1035 305.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE S 54°21'45" E 1,927.32 FEET TO A POINT ON THE EAST LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3860, PAGE 2805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST LINE SOUTH 35°38'15" WEST, A DISTANCE OF 400.00 FEET TO A POINT ON THE BOUNDARY OF TRAIL RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 44, PAGES 71-77 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING SIX (6) COURSES AND DISTANCES; NORTH 54°21'45" WEST, A DISTANCE OF 855.70 FEET; THENCE NORTH 89°57'26" WEST, A DISTANCE OF 683.33 FEET; THENCE SOUTH 00°02'32" WEST, A DISTANCE OF 200.05 FEET; THENCE NORTH 89°57'26" WEST, A DISTANCE OF 196.99 FEET; THENCE SOUTH 02°29'01" WEST, A DISTANCE OF 100.09 FEET; THENCE SOUTH 89°58'31" WEST, A DISTANCE OF 100.09 TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLLIER BOULEVARD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 02°29'01" EAST, A DISTANCE OF 98.67 FEET TO A POINT ON THE BOUNDARY OF PARCEL 102FEE1 AS RECORDED IN OFFICIAL RECORDS BOOK 4892, PAGE 1638 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES; SOUTH 87°23'44" EAST, A DISTANCE OF 6.16 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHERLY 102.90 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 01°53'52", CHORD BEARING NORTH 08°30'53" EAST, A DISTANCE OF 102.90 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT, THE SAME BEING A POINT ON THE BOUNDARY OF PARCEL 102FEE2 OF SAID OFFICIAL RECORDS BOOK 4892, PAGE 1638; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES; NORTHERLY 12.14 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 00°13'26", (CHORD BEARING NORTH 09°34'31" EAST, A DISTANCE OF 12.14 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 452.43 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,961.00 FEET, A CENTRAL ANGLE OF 06°32'40", (CHORD BEARING NORTH 06°24'55" EAST, A DISTANCE OF 452.18 FEET); THENCE NORTH 07°54'29" EAST, A DISTANCE OF 112.52 FEET; THENCE NORTH 05°32'33" EAST, A DISTANCE OF 6.21 FEET TO A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF SAID PUBLIC RECORDS; THENCE ALONG SAID NORTH LINE SOUTH 89°43'43" EAST, A DISTANCE OF 223.28 FEET TO A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 805 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE REMAINING COURSES AND DISTANCES BACK TO THE POINT OF BEGINNING; NORTH 15°44'18" WEST, A DISTANCE OF 320.41 FEET; THENCE NORTH 35°38'15" EAST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25.02 ACRES, MORE OR LESS. Words struck are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 8of13 CAOPage 755 of 1035 EXHIBIT E FOR TAMIAMI CROSSING CPUD DEVIATIONS A. Landscape buffer(s). The developer requests a deviation from Subsection 1.06.02, Table 2.1 (footnote 3) of the LDC, only for that portion of the project immediately north of Tract A. This deviation would provide relief from the above referenced LDC provision which requires a landscape buffer to be provided between platted commercial building lots, to permit a B. Project signage.The developer requests a deviation from Subsections 5.06.01.C.1 and 5.06.04.C.3 which permits a maximum of two pole or monument signs per street frontage at a maximum of 80 square feet each and 1,000 feet separation, to permit a maximum of sign shall exceed 80 square feet. 1. Parking distribution. The developer requests a deviation from Subsections 5.05.08.E of the LDC which permits no more than 50% of the required parking area for interior lots to be located between the primary facade and the abutting street, to permit 100% of the required parking area to be permitted between the primary facade and the Collier Boulevard road frontage. The landscape buffer adjacent to Collier Boulevardthe public roadways shall be enhanced with 16-foot tall canopy tree clusters, and palm tree clusters, as identified in deviation Exhibit G, and as described in Exhibit F, Item 2.EB.1. The developer shall provide a covered pedestrian walkway as described in Subsection 2.E.2. of Exhibit F--of this Ordinance. 92. Fences and Walls. The developer requests a deviation from LDC Subsection 5.03.02.€ H, which requires placement of a concrete or masonry wall between non-residential and residential development, to permit the Tamiami Crossing CPUD to provide type B buffer, without a masonry wall where the project abuts residentially-zoned property in two areas of the site. 3. Project Signage. The developer requests a deviation from LDC Section 5.06.04.F.3, Directory Signs, which allows one directory sign, containing a minimum of 4 panels and a maximum of 8 panels for one single entrance on each public street to allow one directory sign containing a minimum of 4 panels and a maximum of 8 panels at each project entrance, for a maximum of two directory signs on U.S. 41 and a sin_gle directory sign up to 150 sq. ft. on Collier Boulevard. Words struelfriliFeugh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 9 of 13 CAOPage 756 of 1035 EXHIBIT F FOR TAMIAMI CROSSING CPUD LIST OF DEVELOPER COMMITMENTS 1. Regulations for development of the Tamiami Crossing CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. 2. Any commitments made by the developer will be added to this exhibit as they are made during the review and approval process. A. PUD MASTER PLANS 1. Exhibit "C 1" and Exhibit "C 2" depict the-conceptual master plans for 2. Exhibit "C 1", "Conceptual Master Plan "A", Large Format Retailer" platting or SDP approval. Subject to the provisions of the LDC, amendments may be made from time to time. a. The Building setback shall be a ratio of 2 feet vertical to 1 foot d landscape buffer along US 41 shall be increased with tree and shrub material as depicted in Exhibit"G". commitments in Exhibit"F", Item G. 3. Exhibit "C 2", Conceptual Master Plan "B" illustrates the proposed conceptual in nature. Proposed area, lot or land-use boundaries or special time to time. utilities and all common areas in the project. B. WATER MANAGEMENT Words struelc-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 10 of 13 CAO Page 757 of 1035 1. A copy of the South Florida Water Management District (SFWMD) surface water permit application shall be sent to Collier County Development Services Staff with the final plat or SDP submittal. 2. A copy of the SFWMD surface water permit shall be submitted to Collier County prior to final SDP or final plat approval. 3. The stormwater management control elevation discharge shall be 1.9 feet C. UTILITIES 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances and ether applicable County rules and fegulations. 2. Except on an interim basis for structures such as sales/construction trailer:, and models, the project shall be required to hook up to and utilize public DA. TRANSPORTATION 1. The Conceptual Master Plans "A" and `B" depicts two one potential vehicular and pedestrian interconnections with the adjacent property to the south. The developer shall assure that these this interconnections accommodates the perpetual use of such access by incorporating the appropriate language into the applicable development covenants, and SDP or plat. EB. PLANNING 1. Enhanced Landscape Buffer along the Collier Boulevard and Tamiami Trail frontages. The 20-foot Type 'Co Buffer shall be enhanced with additional palm trees provided at a ratio of 3 palms per 60 linear feet. The required canopy trees shall be a minimum of 16-feet tall at the time of planting and shall be staggered in clusters 20 feet on center. Clusters of 3 palms between required canopy tree clusters shall be planted no more than 8 feet on center. The palms shall be 12-foot to 18-foot staggered heights. The distance between required canopy tree clusters and palm clusters shall be no more than 30 feet apart. All required plants shall be native species. The enhanced landscape buffers are depicted on Exhibit G. 2. The developer shall provide a covered pedestrian walkway over the longest landscape island (which island is depicted on Exhibit C 1, the Conceptual Master Plan) running from the parking area of the project to the main entrance of the building on Tract C. The walkway shall be a minimum of eight feet in wider with the covering to be a minimum of Words k-thFough are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 11 of 13 C AO Page 758 of 1035 twelve feet at its peak. The covered walkway may be in the form of a EC. ENVIRONMENTAL 1. A minimum of 3.43 acres (22.89 x .15 = 3.43) of native vegetation shall be preserved in accordance with the LDC. 1. An analysis demonstrating that post development pollutant loading will be the Harvey Harper methodology shall be completed and submitted for review and approval at the time of site development plan review. G. ARCHITECTURE 1. The theme for all buildings in the center for Conceptual Master Plans "A" and "B" shown in Exhibit C 1 and C 2, shall be "Old Flerida Style" or"Florida Cracker Style". 2. The large format retailer building in Exhibit C I, Conceptual Master Plan A", shall comply with the additional following commitments: a. The Building height of any building er portions of buildings within 200 feet of the US 11 right of way Ii-ne, excluding any tower element, hall be reduced to a maximum zoned height of 29 feet(or a maximum actual height of 32 feet). The-tower element(a) shall be a maximum zoned height of 35 feet, with a maximum actual height of 38 feet. 1. Buildings or portions of buildings beyond-200 feet from the US 41 right-of way shall not exceed the iaximum heights listed in Exhibit B, Table 1. format retailer building. Words struek-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 12 of 13 CA(. Page 759 of 1035 a1U,I.,.. .,al. 9,'- gIglit ! I1IN1. E _ (Cq 1 i",\/ do r ( NA AV f,;. \/ p. ter,7 1 1 g as N -m z 7,s' ww tizi 4 gl ific.) acl 0 :z) frillW .1 1.4 4W N paEil .4±1 ....4 cv g r4 W A N U aid! a o N I Jol fli 14 1--4k0 I I 0 laa 41IAti o WHImy_ if-) f---*; 12i d ai a. i) ii\ • c4c.) i 1 IN rel cl lip 4 1 is 1 ! "1Is A 0 y e)Page 760 of 1035 40 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 13, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-14, which was filed in this office on February 12, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us Page 761 of 1035 Page 762 of 1035 Page 763 of 1035 Page 764 of 1035 Page 765 of 1035 Page 766 of 1035 Page 767 of 1035 Page 768 of 1035 Page 769 of 1035 Page 770 of 1035 Page 771 of 1035 Page 772 of 1035 Page 773 of 1035 Page 774 of 1035 Page 775 of 1035 Page 776 of 1035 Page 777 of 1035 Page 778 of 1035 Page 779 of 1035 Page 780 of 1035 X2 X7 X7 À2 X75 X67 X84 X76 À1 X59 X9 À3 X12 X11 À2 X81 À1 X47 À5 X52 X85 X15 À1 À1 X48 X86X77X68 X73 X92 À1.1 À1 X61 X82 X16 À7 X44.1À8 À9 À11À10 À12 X13 X29 X28 À7 À1 X18 X17 X56 X8À6 X10X56.2À6 À1À23 À24 À25 À26 À27À28 À29 À30 À31 À32À78À79À80À33À81 À34 À35 À36 À37 À38 À39À40 À41À42 À43 À1 À4 À21 À5 À20 À6 À1 À1.1À1À19 À7 À18 À8 À17 À1.1 À9 À10 À16À11 À1.1 X10.1 À12 À1.1 À13 À15À14À1 X10 À1 À1 À1 X12 À1.1 X6 À1 À1 À1 À1 À2 À1 X79 X9 À1 À14 À3 À2 À1 À3 À13 À54 À55 À56 À57 À58 À59 À60 À61 À62 À63 À64 À65 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X17 X30 X12.1 X26 X27 X90 X100 X84 X15X11 X16 X22X34 X36 X2X91X88 X7 X3.3 X45 X85 X71X72X57X20 X90X33X82X23X44X78 X73 X75 X46 X39X28X87 X8 X32 X77 À1 À1 À12 À4 À1 À4 À5À31 À6À13À1 À30À32 À1 À29À38À14À33 À34 À28À37À15 À35 À3À16À36À27 À5À17 À18 À26À21 À22 À23À19 À24À20 À25 À1 À2 À1 À9À10 À8 À11 À12À7À6À13À77À5À14À76 À75 À15À16À74 À17 À18À1À73À645 À19À72À20À644 À21 À22À643À64À1À63À71À601À66À65À70À68À69À67À62 À61À641À602À60 À59 À603À646 À1À640 À58 À671 À604À670 À57 À639 À56 À605À647 À55 À638 À606À669À648 À54 À53À637À668À607 À649 À52 À51À636À608À667À650 À50 À635 À49À666À609À651 À48À47 À45À610À46À634À665À652 À611 À664 À653 À1À632À612 À663 À654 À613 À662 À655 À1 À2 À684À683À67À1 À68À76À69 À685À70À682À74À66À71À72À75À73À51 À52 À686À681À53À65 À54 À680À64À55À62À63 À2À1À61À59À60À58À56À57 À679 À678 À1 À677 À687À676 À675 À1 À688À674À689 À673 À1À690À691À1 À692 À1.1 À693À2 À2À3À4À1À5 À6 À1.1À7 À2À9À8À11À10 À3 À5À62 À26 À25 À24 À23 À22 À21 À20 À19 À18 À17 À24À21 À49 À25À1 À48 À26À47À46À45À44À43À42À41À40À27À39À38À37À36À35À34À33À32À31À30À29À28 À1 À6À61 À7À1 X95 X101 À60 À61À62 À63À64 À65 À66 À67À68À69À70À71À72À73À74 À75 À76 À77 À78 À79 À80 À81 À82 À83 À84À109 À110 À111 À112 À113 À114 À115 À116 À117 À118 À119 À120 À121 À122 À123 À2 À3 À4 À1 À148 À149 À150 À151 À152 À153 À154 À155 À156À184 À1À1 À1 À1 X96 À1 À1 À1 À1 À1 À1 À1 À1 À1 À2 À3 À4 À5 À6 À7 À8 À9 À10 À11 À12 À13 À14 À15 À16 À17 À18 À19 À1 À1.1 X21À1 À2 À3 À4 X97 À44 À1 À1 À1 À2 BLDG6 4BLDG7AQUAMARINEAT SUNSTONEON THE FAIRWAYSCONDO TRACT 215 13DTRACT TRACT 17206 13CTRACT A 197 18 17 TRACT 17 S.F.W.M.D.8TRACTGC-1 16910 TRACTA TRACT WM 1 11TRACT A 12 13 TRACTGC-1 14 15 TRACT A TRACT WM3TRACT 15CORAL FALLSRESORT CONDO TRACT WM 1 TRACT 2R TRACT 1R TRACT 3A TRACT 3FTRACT 3ETRACT 3B TRACT 3C TRACT 3F TRACT 3D TRACT 3EBLDG 2 F A L LI N GBLDG 1B L D G 3 WA T E R S PH I BLDG 28FALLING WATERS BEACHRESORT IV CONDOTRACT 16 BEA C H 87BLD G 4 RESORT I CONDO BLDG 5 BLDG 6PH II BLDG 7 2 87 B L D G 8 FALLIN G 1 WATERS 5 BLDG 9RECREATION AREA BEACH RESORT BLDG 10BLDG 21 II TRACT RC O N D O B L D G 11 TRACT M-1R BL DG 2 0REC F A L L I NGAREATRACT M-1Q WA T E R S BLDG 12 P BLDG 19 BEACH BLDG 13EAGLE CREEK RESORTO BLDG 18IIICONDO V CONDOTRACT A B L D G 17 N BLDG 16 BLDG 15TRACT "R" STONEGATE OFEAGLE CREEK 1 J K GOLF COURSE EAST BLDG 14TRACT L TRACT L-1 TRACT L-2TR OS-2 TRACT OS-1 TRACT OS-3 TR OS TRACT X TRACT XTRACT X TR X-1TRACT RTRACT P-2 TRACT P TRACT P-3 TRACT P-1 TRACT D TRACT C TRACT B TRACT NAEVILLAGE HOMESEAST AT ARTESIANAPLESCONDO TRACT D LOT 1 TRACT P-1 TRACT P-2 TR P-3 LOT 1 A B C OR 4356 PG 3790 OR 4356 PG 3782 OR 4356 PG 3786 TR B TRACT G TRACT ETR A TRACT CTRACT HTRACT FTRACT CTR D E M TRACT I 2 TRACT "G"TRACT A TRACT D-1 TRACT D-2 TRACT D-3TRACT B TRACT C TR T TRACT R MYSTIC GREENS IICONDO TRACTGC-1 EQUESTRIAN PROFESSIONAL CENTER CONDO COCONUT PLACE COMMERCIAL CENTER CONDO Airspace Airspace TRACT B TRACT B TRACT B TRACT B TRACT B TRACT H TRACT L TRACT C 1 2 60 61 62 63 64 65 66 67 68 69 70 71 727374 75 76 77 78 79 80 81 82 83110 111 112 113 114 115 116 117 118 119 120 121 122149 150 151 152 153 154 155 184 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WAL-MARTTRACT ATRACT A TRACT B TRACT N TRACT BHABITAT DRPASEDO DRIVE TRAIL RIDGE ROADCOVENANT ROAD COVENANT ROADGEMMER ROADKOINONIA DRVELEGACY LANE KENDARI TERRACE ARTESIA DRIVE EAST OCEANIA DRIVE (NORTH)OCEANIA DRIVE (NORTH)HENDERSON CREEKSNOOK CIRCLESNOOK CIRCLELADYFISH LANESNAPPER LANESNOOK CIRCLETROUT LANEL EL Y I SL AND CI RCL EPINNACLE COURTBLVD( C. R. 951 )CELESTE DRIVERESORTLELYU.S. 41 TAMIAMI TRAIL COLLIER BOULEVARDSITTERLEY STREET D R I V E TRIANGLE BLVD CELESTEFULLER LANEAMERICUS LANE TRIANGLE BLVDFULLER LANE U.S. 41TAMIAMI TRAIL BLVDTRIANGLETAMIAMI TRAIL ( U.S. 41 )PRICE ST SPRICE STREET COLLIER BOULEVARD ( C.R. 951 )BAREFOOT WILLIAMS ROADCRESTWOOD LANECORM ORANT COV E C R E E K B E D D RIV E BRIDGETAMIAMI TRAIL ( U.S. 41 )WATERFORDCOLLIER BOULEVARD ( S.R. 951 )EAGLE CREEK DRIVEG R A Y W IN G P O IN T E EAGLE CREEK DRIVE CYPRESS TAMIAMI TRAIL D R IV EVIEW ( U. S. 41 )BAREFOOT WILLIAMS ROADEAGLE CREEK DRI VECOLLIER BOULEVARD ( S.R. 951 )A A EAGLE CREEKPUDA LELY RESORTPUDLELY RESORTPUD DRI LELY RESORTPUD DRI CPUD LANDSENDPRESERVE PUD C-4 PUDARTESA POINTE TTRVC MH A C-4 C-4 C-5 C-3 PUD C-3/STC-4 C-3 A CPUD C-4 PUD PUD A PUD RSF-3 A CPUD VICTORIA FALLS FALLING WATERSBEACHRESORT ARTESA POINTEEAGLE CREEK NAPLESMOTORCOACHRESORT TAMIAMI CROSSING PRICE STAND 41 PU"B" PU CUASW V SV PU-B CU DRD WC ACTIVITY CENTER #18 DAVIS BOULEVARD (S.R. 84) - SANTA BARBARA BOULEVARD Collier County, Florida £PREPARED BY: GIS/CAD MAPPING SECTIONGROWTH MANAGEMENT DEPARTMENTFILE: CPSP_2013_11_Batch2FlueExhibitA_AC18.mxdDate: 6/2017 0 200 400 600100Feet LEGEND ACTIVITY CENTER BOUNDARY RSF-3 EXISTING ZONING (NOTE: PROVIDED FOR INFORMATIONAL PURPOSES ONLY;THE OFFICIAL SOURCE OF ZONING INFORMATIONIS THE ZONING ATLAS SET, WHICH IS PART OF THE COLLIER COUNTY LAND DEVELOPMENT CODE.ORDINANCE NO. 04-41, AS AMENDED) DEVELOPED LAND USE EXISTING BUILDINGS AND STRUCTURES AMENDED - SEPTEMBER 13, 2011(Ord. No. 2011-26) AMENDED - APRIL 22, 2008(Ord. No. 2008-21) AMENDED - FEBRUARY 10, 2015(Ord. No. 2015-13) CANAL CANAL CANAL TAMIAMICANAL CANALCANALNON-STST1270N45E500N45WSTNON-ST 440 420S45WPage 781 of 1035 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ February 11, 2026 Nancy del Pino 2525 Ponce de Leon BLVD Coral Gables, FL 33134 ZLTR-PL20260000177;Zoning Verification Letter for the property located at 13088 Tamiami Trial East (Unit 105), in Section 3, Township 51, Range 26 of unincorporated Collier County, Florida. Property ID/Folio Number(s): 76400000029 comprising of +/- 20.59 acres. Nancy del Pino, This letter is in response to a Zoning Verification Letter (ZLTR) Application submitted on or about January 7, 2026. The applicant has requested verification of the questions listed below in bold print, which are followed by Staff’s responses. Questions: 1. Is the subject site located within the municipal boundaries of unincorporated Collier County? According to property appraiser the subject site is located within the unincorporated boundary of Collier County, attached here. 2. The current zoning classification for the subject property. The current official zoning atlas, an element of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended, reveals the subject property is located within the Tamiami Crossing Commercial Planned Unit Development (CPUD) ORD-08-50, attached here. 3. Is a package liquor store with alcoholic tastings (educational purposes) operating with a 4COP quota alcohol beverage license issued by the Florida Division of Alcoholic Beverages and Tobacco (DABT) a permitted use by right? If not permitted by right, is a conditional use approval, special exception, or special administrative approval required, and is a public hearing required? The DABT regulates and issues the 4COP quota alcohol beverage license which authorizes alcohol to be sold “by the drink or in sealed containers for consumption on or off the premises where sold,”attached here. According to the US Department of Labor Occupational Safety and Health Administration (OSHA), a liquor package store would be classified as Standard Industrial Classification (SIC) code 5921—Liquor Stores which are engaged in the retail sale of package alcoholic beverages for off-site consumption, attached here. According to the US Department of Labor Occupational Safety and Health Administration (OSHA), a drinking establishment would be classified as Standard Industrial Classification (SIC) code 5813—Drinking Places (alcoholic beverages) which are engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises The sale Page 782 of 1035 Zoning Verification Letter ZLTR- PL20260000177 Page 2 of 3 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ of food frequently accounts for a substantial portion of the receipts of these establishments, attached here. A liquor store as defined by SIC code 5921 with on-site tastings is not a permitted use by right according to the CPUD. In reference to Exhibit Item #11 in the CPUD, a bar/drinking establishment is only permitted when in conjunction with a restaurant/eating establishment as described under SIP code 5813. To request an addition of a new use (liquor store-SIC code 5921) to the current list of permitted uses in the CPUD it would require a PUD Amendment (PUDA) or a comparable use determination (CUD). The PUDA according to LDC Section 10.02.13(E) is outlined in the Administrative Code for Land Development Chapter 3-G, which requires a neighborhood information meeting (NIMs), Planning Commission (CCPC) or Hearing Examiner (HEX) review and approval, and Board of County Commission (BCC) approval. The (CUD) per LDC Section 10.02.06(K) as outlined under Chapter 3-L in the Administrative Code for Land Development requires a public hearing heard by the Hearing Examiner (HEX), unless a there is a conflict in which the Board of Zoning Appeals (BZA) would make the final determination in lieu of the HEX. 4. Are there development orders, overlay districts, or other restrictive agreements or covenants preventing the proposed use? No, only the CPUD. 5. What are the required setbacks between the proposed use and churches, schools, parks, residential districts, and other alcohol use types? If applicable, how is the distance measured, is there a variance or special exception to address non-compliance, and at what stage of development would the setbacks be enforceable? According to LDC Section 5.05.01 on-site consumption of alcohol shall not be located within 500 feet of any “established elementary, middle, or high school, child care center, public library, church, public park, or public playground.” For shopping centers on which alcoholic beverages are to be sold, the distance of 500 feet shall be measured to the outer wall of the establishment to the lot where the school, child care center, public library, church, public park, or public playground are located. Section 5.05.01.A.6. of the LDC states that the HEX may grant a waiver regarding the locational criteria of LDC Section 5.05.01.A.1. pending the site can meet the criteria set forth in this section. If there is a conflict, the BZA would be required in lieu of the HEX. Furthermore, any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on-premises shall, upon written demand of the County Manager or designee, make, or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. 6. What are the permitted hours of operation? According to Florida Statute F.S.561.29(h)-(i) the authorized retail sales of alcoholic beverages is for at least “…6-8 hours a day for a period of 120-210 days or more during any 12-month period,” attached here. More specifically, alcoholic beverages may not be sold between 2:00am-7:00am per LDC Section 6.1, attached here. Page 783 of 1035 Zoning Verification Letter ZLTR- PL20260000177 Page 3 of 3 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ The information presented in this verification letter is based on the Collier County LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County LDC or related ordinances. This letter represents a determination of Zoning Services Section staff. Should you disagree with this determination, you may request an Official Interpretation by the Zoning Director of the provisions of the Land Development Code pursuant to Sections 1.06.01 and 10.03.06 P. of that Code. The fee for an Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the Board of County Commissioners. To obtain copies of any document referenced herein, please contact the GMD Records Section at (239)252-5730. The LDC may be viewed online at www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed online via the Clerk of Court’s website, www.collierclerk.com / Records Search / BMR Records / Boards, Minutes, Records / BMR Validated Ordinances. Disclaimer: Issuance of a development permit by the County does not create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development. Should you require additional information, please do not hesitate to call my office at (239) 252-2971. Researched and prepared by: Reviewed by: __________________________________ ___________________________________ Kathryn Grigsby, Planner Raymond Bellows, Zoning Manager Comprehensive Planning Section Zoning Services Section GrigsbyKathryn Digitally signed by GrigsbyKathryn DN: E=Kathryn.Grigsby@colliercountyfl.gov, CN=GrigsbyKathryn, OU=LDS User Accounts, OU=GMD PR Land Development Svcs, OU=Planning and Regulation, OU=GMD, OU=Divisions, DC=bcc, DC=colliergov, DC=net Date: 2026.02.11 09:14:22-05'00' bellows_r Digitally signed by bellows_r Date: 2026.02.11 09:10:43 -05'00' Page 784 of 1035 LAST REVISION: ZONING ___________________ OTHER ___________________SUBDIVISON INDEX ATTEST___________________________CLERK COLLIER COUNTY, FLORIDA TWP 51S RNG 26E SEC(S) 3 NO 1/2 MAP NUMBER: BY___________________________CHAIRMAN COMMUNITY DEVELOPMENT DIVISION A PUD C-5 C-3ST C-4 C-4 PUD PUD PU-B V 3 5,8,16,23,33,58 FALLING WATERS BEACH RESORT12 9 61 13 1,4,6,10,11,21,22,24,55,57 3 U.S. ROUTE 41 (TAMIAMI TRAIL)PRICE ST.COLLIER BOULEVARD (S.R. 951)TRACT B EAGLE CREEKCONDO.PHASE III GOLF COURSE 1 1 1 1 PARCEL 3A27.41 ACRES STNON-ST STNON-ST1270300550 985420440 LELY RESORT EAGLE CREEK TRACT A 5 5 10 10 TRACT M-1R TRACT M-2R 7,17,18,26,28,42,53,54,59,60 19TRIANGLE BLVD.COLLIER BOULEVARD (C.R. 951)3 3 3 3 3 3 3 TRACT 3C TRACT 3B TRACT 16 TRACT 3D TRACT 3ETRACT 3A TRACT 3F FREEDOM SQUARE 4 4 4 4 SV 15 C -5 25,1 EAGLE CREEK DRIVE SHOPS AT EAGLE CREEK 10 10 10 5 5 5 C-4 19A C-5 27,3 1 2 5 6 6 6 RSF-320,WINDING CYPRESSPUD29,30,34,35, CANAL CANAL CANALASW 31 C-4 32,5 7 7 7 7 37,38,44PUDARTESA POINTE C-421, 6 CU 40 TRACT O.S.-3 TRACT P-1 8 8 8 8 DRI 3 3 2 3 32 2 2 TRACT P-2 TRACT TRACT P-1 P-3 6 61 9 9 9 9 9 9 99 9 7CPUD 43,52 TAMIAMI CROSSING CU 45,50 36,41,46,47,48265DRD51 DRD 51 DRI 9 11 11 11 11 11 11 11 11 11 11 12 12 12 12 3 3 13 13 13 C -5 56 14 14 14 14 C-1ST 14 TRACT A 1 2 3 4 1 2 3 TRACT L-3TRACT L-4GREENBRIAR COURTCOCOPLUM STREET496 539 532 491 492 540 490 542 544543 541 494 495 493 497 498 537 535534 538 533 536 LOT 3 LOT 2 LOT 1 TRACT A$ NO. NAME P.B. Pg. 1 EAGLE CREEK COUNTRY CLUB 14 1-52 LELY RESORT PH 1 16 87-993 FREEDOM SQUARE 22 56-584 THE SHOPS AT EAGLE CREEK, UNIT ONE 25 44-455 CRYSTAL LAKE TERRACES AT EAGLE CREEK REPLAT 28 72-746 CAPRI COMMERCIAL CENTER 31 52-537 LOT 2 CAPRI COMMERCIAL CENTER REPLAT 35 858 TRAIL RIDGE 44 71-779 CAPRI COMMERCIAL CENTER NO. 2 49 5-810 CRYSTAL LAKE TERRACES AT EAGLE CREEK 16 30-3111 TAMIAMI CROSSING 64 7-1112 RESTAURANT ROW REPLAT 64 35-3613 WINDING CYPRESS PHASE 3 65 23-3114 INLAND VILLAGE 73 9-10 1603N 1603S 1602N0634S The Historic/Archaeological Probability Maps are the officialCounty source designating historic or archaeologic resources.ZONING NOTES1 2-3-81 R-80-38C 81-42 "DELETED"3 7-13-82 PU-82-11-C 82-814 7-13-82 R-82-15-C 82-535 2-7-84 R-83-21-C 84-116 2-19-85 ZO-84-84-24C 85-87 5-21-85 R-84-20C 85-178 10-19-92 PUD-87-40(1) 92-769 8-13-85 R-85-6C 85-4310 10-1-85 R-85-8C 85-5211 10-1-85 PDA-85-8C 85-5312 2-4-86 V-85-32 86-1713 7-28-87 R-87-3C 87-5914 8-11-87 R-87-4C 87-6415 1-24-95 SV-94-5 95-72 16 11-8-88 R-87-40C 88-8617 1-8-90 DOA-90-7 91-518 3-26-91 PDA-90-11 91-2919 LDC-9120 9-16-91 R-91-6 91-8521 12-17-91 R-91-10 91-11422 12-17-91 PUD-85-8(4) 91-11323 4-28-98 PUD-87-40(3) 98-3324 12-10-96 PUD-85-8(5) 96-7925 1-14-97 R-96-14 97-326 3-10-92 PUD-84-20(2) 92-1527 2-9-99 R-98-2 99-828 3-10-92 DOA-91-5 92-16629 12-14-99 PUD-99-23 99-9330 12-14-99 DRI-99-1 99-46731 9-12-00 ASW-00-1 00-27732 12-12-00 R-00-6 00-8533 11-27-01 PUDA-01-AR-500 01-6834 6-25-02 PUDA-02-AR-2298 02-3535 6-25-02 DOA-2-AR-2299 02-30236 10-8-02 SE-02-AR-3077 02-4837 9-23-03 PUDZ-03-AR-3860 03-4638 3-23-04 SE-04-AR-5313 04-1739 "DELETED"40 11-15-05 CU-05-AR-7586 05-40041 1-24-06 SE-05-AR-8626 06-1842 11-13-07 PUDA-06-AR-10333 07-7243 9-9-08 PUDZ-06-AR-10875 08-5044 9-9-08 PUDA-07-AR-11734 08-4945 9-23-08 CU-07-AR-12419 08-29146 11-10-09 PUDA-PL-09-110 09-6147 2-25-14 PUDA-PL-12-2855 14-0948 2-25-14 DOA-PL-12-2856 14-4649 "DELETED"50 9-23-13 CU-07-AR-12419 EXPIRED51 6-12-14 DRD-PL-13-2659 HEX-14-1352 2-10-15 PUDA-PL-14-477 15-1453 7-7-15 PUDA-PL-14-2040 15-3954 2-6-17 PDI-PL-16-1163 HEX-17-0355 3-13-18 PUDA-PL-17-1320 18-0956 4-9-19 RZ-PL-18-0125 19-0557 12-18-19 PDI-PL-19-503 HEX 19-5158 6-11-20 PDI-PL-19-740 CCPC 20-0159 12-10-21 PDI-PL-20-1682 HEX 21-6260 9-13-22 PUDA-PL-21-1795 22-3361 6-27-23 RZ-PL-21-2658 23-35DEVELOPMENT STANDARDS MODIFICATIONS1604NTHIS IS TO CERTIFY THAT THIS IS A PAGE OF THEOFFICIAL ZONING ATLAS REFERRED TO AND ADOPTEDBY REFERENCE BY ORDINANCE NO. 04-41 OF THECOUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004,AS AMENDED BY THE ZONING NOTES AND SUBDIVISIONINDEX REFERENCED HEREON. 0 400 SCALE 1 1-14-97 R-96-14 97-3 2 "DELETED"3 2-9-99 R-98-2 99-8 4 "DELETED"5 12-12-00 R-00-6 00-85 6 12-17-91 R-91-10 91-1147 9-16-91 R-91-6 91-85 8 "DELETED"9 7-14-17 ZLTR(CUD)-PL-17-1085 HEX 17-149/20/2023Page 785 of 1035 Collier County Property Appraiser Aerial Parcel ID 76400000029 Site Location 13088 TAMIAMI TRL E, NAPLES 34114 2/3/26, 1:28 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1Page 786 of 1035 Collier County Property Appraiser Summary Parcel ID 76400000029 Site Location 13088 TAMIAMI TRL E, NAPLES 34114 Name / Address KRG 951 & 41 LLC 30 S MERIDIAN ST STE 1100 City INDIANAPOLIS State IN Zip 46204 Legal TAMIAMI CROSSING TRACT A Sub./Condo 655250 - TAMIAMI CROSSING Use Code 16 - COMMUNITY SHOPPING CENTERS Millage Area 113 Municipality UNINCORPORATED Map No. Strap No. Section Township Range Acres *Estimated 6B03 655250 A 16B03 3 51 26 20.59 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page V/I Q Amount 2025 Certified Tax Roll (Subject to Change) Just Values Amount Land $6,915,152 (+) Improvements $10,552,881 (=) Total Just $17,468,033 Assessed Values (=) Assessed $17,468,033 Taxable Values Millage Rates (=) Taxable 10.5058 $17,468,033 Tax Amounts Ad Valorem Taxes $183,515.66 (=) Total Tax $183,515.66 Important: This is not a tax bill. Do not rely on current taxes to estimate taxes after a change in ownership. A transfer may significantly affect the taxable value due to loss of exemptions, reset of Save Our Homes or the 10% Cap, and/or market changes. Use our Tax Estimator to estimate taxes under new ownership. Values reflect conditions as of January 1st each year and may differ from the actual tax bill due to millage changes or additional non-ad valorem assessments. For the most accurate and up-to-date tax information, please visit the Collier County Tax Collector’s Office. 2/3/26, 1:27 PM Collier County Property Appraiser https://www.collierappraiser.com 1/1Page 787 of 1035 Page 788 of 1035 Page 789 of 1035 Page 790 of 1035 Page 791 of 1035 Page 792 of 1035 Page 793 of 1035 Page 794 of 1035 Page 795 of 1035 Page 796 of 1035 Page 797 of 1035 Page 798 of 1035 Page 799 of 1035 Page 800 of 1035 Page 801 of 1035 Page 802 of 1035 UPDATED 2025 FLORIDA DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO LICENSES AND PERMITS FOR ALCOHOLIC BEVERAGES 8 ABL E OF C ON TE N TS 8 I VENDORS – ALCOHOLIC BEVERAGES TYPE AND FEE CLASS STATUTE REGULATIONS OF LICENSE ACTIVITY APPLICATION CONSUMPTION ON PREMISES LICENSES FOR BEER AND WINE ONLY 2COP - DRY $168 / $224 / $280 / $336 / $392 (fee based on county population) D – DRY 568.01 Products Permitted Beer; Wine. No more than 6.243% of alcohol by volume or 5% by weight. FORM 6001 Type of Sale By the drink or in sealed containers for consumption on or off the premises where sold. Other Terms Only applicable to Florida’s dry counties Lafayette and Liberty. Compliance with Florida Beverage Law. QUOTA BEVERAGE LICENSES Quota 3DPS / 3CPS / 3BPS / 3APS / 3PS $468 / $643.50 / $975 / $1170 / $1365 (fee based on county population) QUOTA 561.19 561.20(6) 565.02(1)(a) Products Permitted Beer; Wine; Liquor. FORM 6001 Type of Sale Package sales for off-premises consumption. Other Terms Must maintain the licensed premises in an active manner in which the licensed premises are open for business to the public for the bona fide retail sale of authorized alcoholic beverages during regular and reasonable business hours for the minimum hours per day and days per year as specified in s. 561.29(h) or (i), F.S., as applicable to the license. Must notify the Division of any period of inactive status or seek a waiver of these active operation requirements if eligible. Refer to additional product restrictions and premises limitations in s. 565.04, F.S. Quota 8COP / 7COP / 6COP / 5COP / 4COP $624 / $858 / $1300 / $1560 / $1820 (fee based on county population) QUOTA 561.19 561.20(6) 565.02(1)(b-f) Products Permitted Beer; Wine; Liquor. FORM 6001 Type of Sale By the drink or in sealed containers for consumption on or off the premises where sold. Other Terms Must maintain the licensed premises in an active manner in which the licensed premises are open for business to the public for the bona fide retail sale of authorized alcoholic beverages during regular and reasonable business hours for the minimum hours per day and days per year as specified in s. 561.29(h) or (i), as applicable to the license. Must notify the Division of any period of inactive status or seek a waiver of these active operation requirements if eligible. Refer to additional product restrictions in s. 565.045, F.S. Page 803 of 1035 U.S.DEPARTMENTOFLABOR OSHA Standards Enforcement Topics MediaCenter ContactUs U.S. DEPARTMENT OF LABOR Occupational Safety and Health Administration 200 Constitution Ave NW Washington, DC 20210 1-800-321-OSHA 1-800-321-6742 www.osha.gov SIC Search DivisionG:Retail Trade | MajorGroup59:MiscellaneousRetail | IndustryGroup 592:LiquorStores 5921LiquorStores Establishmentsprimarilyengagedintheretailsaleofpackagedalcoholicbeverages,suchasale,beer consumptiono{thepremises.Storessellingprepareddrinksforconsumptiononthepremisesarecla Beer,packaged-retail Liquor,packaged-retail Wine,packaged-retail OccupationalSafetyandHealth Administration 2/3/26, 2:09 PM Description for 5921: Liquor Stores | Occupational Safety and Health Administration Page 804 of 1035 U.S.DEPARTMENTOFLABOR OSHA Standards Enforcement Topics MediaCenter ContactUs SIC Search DivisionG:Retail Trade | MajorGroup58:EatingAndDrinkingPlaces | IndustryGroup581:EatingAnd 5813DrinkingPlaces(alcoholicBeverages) Establishmentsprimarilyengagedintheretailsaleofalcoholicdrinks,suchasbeer,ale,wine,andliq premises.Thesaleoffoodfrequentlyaccountsforasubstantialportionofthereceiptsoftheseestabl Bars (alcoholic beverage drinking places) Beergardens (drinkingplaces) Beer parlors (tap rooms) Beer taverns Beer, wine, and liquors:sale for on-premise consumption Bottleclubs(drinkingplaces) Cabarets Cocktail lounges Discotheques,alcoholicbeverage Drinkingplaces,alcoholicbeverages Nightclubs Saloons(drinkingplaces) Taprooms(drinkingplaces) Taverns (drinking places) Wine bars OccupationalSafetyandHealth Administration 2/9/26, 9:26 AM Description for 5813: Drinking Places (alcoholic Beverages) | Occupational Safety and Health Ad Page 805 of 1035 Created: 2025-10-14 08:53:07 [EST] (Supp. No. 31) Page 1 of 5 10.02.13 Planned Unit Development (PUD) Procedures E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 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 the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; 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; 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 LDC section 10.02.13; or 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 LDC section 10.02.13. 2. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval Page 806 of 1035 Created: 2025-10-14 08:53:07 [EST] (Supp. No. 31) Page 2 of 5 of the Planning Commission. The Planning Commission approval shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting. a. The applicant shall provide the Planning and Zoning Department Director documentation which adequately describes the proposed changes as described in the Administrative Code. 3. Minor changes. The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code. a. Educational and ancillary plants exception. When a PUD is amended for the sole purpose of adding an Educational and/or ancillary plant, that PUD will not be subject to the review process outlined in section 10.02.13 E.1. The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses. b. The County Manager or designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: i. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. ii. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. iii. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. iv. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning and Zoning Department Director's consideration for approval. c. Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: i. The applicant notices property owners in writing in accordance with LDC section 10.03.06 T. ii. If no written objection is received, the request to remove commitments is deemed approved. iii. If a property owner who receives notice submits a written objection within 30 days of mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with LDC sections 10.03.05 and 10.03.06. F. PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or designee. Page 807 of 1035 Created: 2025-10-14 08:53:07 [EST] (Supp. No. 31) Page 3 of 5 1. The report shall be submitted annually, on or before the anniversary date of approval by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). a. A tract or parcel of a PUD that has completed construction within that tract may be considered built-out and is not responsible for annual monitoring reports, as long as all PUD commitments within that tract are complete. This built-out status does not exempt the tract owner(s) from commitments applicable to the entire PUD. 2. The Administrative Code shall establish the submittal requirements for a PUD Annual Monitoring Report. 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD. 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning and Zoning Department Director shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 6. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of "built-out" status. 7. Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and/or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following PUD Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. G. Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00. H. Interpretations of PUD documents. The Planning Services Department Director shall be authorized to interpret the PUD document and PUD master plan. I. Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in LDC section 10.02.13 of this Code. All PUDs existing and future, shall comply with the sunset provisions established pursuant to LDC section 10.02.13 D. of this Code. 1. All applications for a PUD rezoning or an amendment to an existing PUD document or PUD master plan whether submitted before or after [the effective date of this ordinance], shall comply with the processing time procedures set forth in this section of the Code. Page 808 of 1035 Created: 2025-10-14 08:53:07 [EST] (Supp. No. 31) Page 4 of 5 J. Planned unitdevelopmentdistricts application processing. An application for a planned development rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current LDC. K. Dedication of the public facilities and developmentof prescribed amenities. 1. The Board of County Commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or more required public facilities, the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by the County Manager or designee, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. At no cost to the County, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board for consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of the LDC pursuant to LDC subsection 8.08.00 B. 3. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. L. Common open spaceor common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it Page 809 of 1035 Created: 2025-10-14 08:53:07 [EST] (Supp. No. 31) Page 5 of 5 dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the Planning and Zoning Director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the Planning and Zoning Director shall call upon any public or private agency to maintain the common open space for a period of 1 year. When the Planning and Zoning Director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties. (Ord. No. 04-72, § 3.DD; Ord. No. 05-27, § 3.ZZ; Ord. No. 06-07, § 3.W; Ord. No. 06-63, § 3.UU; Ord. No. 08-08, § 3.Q; Ord. No. 09-22, §§ 1—3; Ord. No. 10-23, § 3.UU; Ord. No. 11-21, § 1; Ord. No. 12-28, § 1; Ord. No. 12-38, § 3.JJ; Ord. No. 13-52, § 1; Ord. No. 13-56, § 3.RR; Ord. No. 14-33, § 3.AA; Ord. No. 21-05, § 3.O) Page 810 of 1035 ,QVXEVWDQWLDO&KDQJHWR38'3',$SSOLFDWLRQ 3DJHRI Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.collier.gov/ 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): Address: City: State: ZIP: Telephone: Cell: E-Mail Address: Name of Applicant/Agent: Firm: Address: City: State: ZIP: Telephone: Cell: E-Mail Address: INSUBSTANTIAL CHANGE to PUD (PDI) LDC Section 10.02.13 Chapter 3.*of the Administrative Code GMCD Public Portal Online Payment Guide E-Permitting Guides Applicant Contact Information Page 811 of 1035 Collier County ,QVXEVWDQWLDO&KDQJHWR38'3',$SSOLFDWLRQ 3DJHRI 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. PUD Name: Ordinance Number: Parcel ID/Folio Numbers: 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 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 not, 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? If yes, please describe on an attached separate sheet Detail of Request Page 812 of 1035 Page 3 of 4 Collier County 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. Documents shall be submitted electronically. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW:REQUIRED NOT REQUIRED Completed Application Pre-Application Meeting notes Project Narrative, including a detailed descriptionof 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, if boundary of original PUD is amended, no older than 6 months If PUD is platted, include plat book pages Affidavit of Authorization Completed Addressing Checklist,no older than 6 months Property Ownership Disclosure Form 8 ½ in. x 11 in. Graphic Location Map of site REQUIREMENTS FOR 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. The project manager will confirm the number of additional copies required. Indicate if the petition needs to be routed to the following reviewers: School District (Residential Components):Bayshore/Gateway Triangle Redevelopment: Utilities Engineering:Parks and Recreation: Emergency Management:Naples Airport Authority Conservancy of SWFL:Immokalee Water/Sewer District: City of Naples:Other: Submittal Requirements Distribution –to be completed by Planner Page 813 of 1035 Insubstantial Change to PUD (PDI) Page 4 of 4 Collier County 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 $ ܆ Fire Pre-Application Meeting: $150.00 $ ܈ PUD Amendment Insubstantial (PDI): $1,500.00 $ ܆ Fire Planning Review Fee: $150.00 $ Fee Subtotal: $ Fire Code Planning Review Fees are collected at the time of application submission and are set forth by the Authority having jurisdiction. ܆ Legal Advertising Fee via Collier Legal Notices: $50.00 $ (Fee is applicable per advertisement. If a different advertising agency is chosen, the applicant must handle fees directly with the agency and submit an Affidavit of Publication.) ܆ 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 of the information indicated on this checklist is included in thissubmittal 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 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 Public Portal: https://cvportal.colliergov/cityviewweb Questions? Email: GMDClientServices@collier.gov Page 814 of 1035 ŽŵƉĂƌĂďůĞhƐĞĞƚĞƌŵŝŶĂƚŝŽŶ >ĂŶĚĞǀĞůŽƉŵĞŶƚŽĚĞƐĞĐƚŝŽŶϭϬ͘ϬϮ͘Ϭϲ< ŚĂƉƚĞƌϯ>ŽĨƚŚĞĚŵŝŶŝƐƚƌĂƚŝǀĞŽĚĞ WhŽŶŝŶŐŝƐƚƌŝĐƚ^ƚĂŶĚĂƌĚŽŶŝŶŐŝƐƚƌŝĐƚ ^ƚĂƚĞ͗ EĂŵĞŽĨWƌŽƉĞƌƚǇ KǁŶĞƌ;ƐͿ͗ EĂŵĞŽĨƉƉůŝĐĂŶƚŝĨĚŝĨĨĞƌĞŶƚƚŚĂŶ ŽǁŶĞƌ͗ ĚĚƌĞƐƐ͗ dĞůĞƉŚŽŶĞ͗ ͲDĂŝů ĚĚƌĞƐƐ͗ EĂŵĞŽĨŐĞŶƚ͗ &ŝƌŵ͗ ĚĚƌĞƐƐ͗ dĞůĞƉŚŽŶĞ͗ ͲDĂŝůĚĚƌĞƐƐ͗ ŝƚǇ͗ŝƚǇ͗^ƚĂƚĞ͗^ƚĂƚĞ͗/W͗/W͗ Ğůů͗Ğůů͗ ŝƚǇ͗ŝƚǇ͗/W͗/W͗ Ğůů͗Ğůů͗ $33/,&$17&217$&7,1)250$7,21 WZKWZdz/E&KZDd/KE ^ŝƚĞĚĚƌĞƐƐ͗ &ŽůŝŽEƵŵďĞƌ͗ WƌŽƉĞƌƚǇKǁŶĞƌƐEĂŵĞ͗ Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 09/2022 Page 1 of 3 Page 815 of 1035 dZD/Ed/KEZYh^d dŚĞĚĞƚĞƌŵŝŶĂƚŝŽŶƌĞƋƵĞƐƚĂŶĚũƵƐƚŝĨŝĐĂƚŝŽŶĨŽƌƚŚĞƵƐĞŵƵƐƚďĞĚŽŶĞďǇĂĐĞƌƚŝĨŝĞĚůĂŶĚƵƐĞƉůĂŶŶĞƌŽƌĂůĂŶĚ ƵƐĞĂƚƚŽƌŶĞǇ͘WƌŽǀŝĚĞƚŚĞĐŽŵƉůĞƚĞĚƌĞƋƵĞƐƚŽŶĂƐĞƉĂƌĂƚĞĂƚƚĂĐŚĞĚƐŚĞĞƚ͘WůĞĂƐĞďĞǀĞƌǇƐƉĞĐŝĨŝĐĂŶĚ ŝŶĐůƵĚĞƚŚĞ^/ŽĚĞ͕ŝĨŬŶŽǁŶ͘dŚĞƌĞƋƵĞƐƚƐŚŽƵůĚĂĚŚĞƌĞƚŽƚŚĞĨŽůůŽǁŝŶŐĨŽƌŵĂƚ͗ ͞/ƌĞƋƵĞƐƚĂĚĞƚĞƌŵŝŶĂƚŝŽŶĨƌŽŵƚŚĞWůĂŶŶŝŶŐDĂŶĂŐĞƌĂŶĚĂƉƉƌŽǀĂůĨƌŽŵƚŚĞKĨĨŝĐĞŽĨƚŚĞ ŝƐĐŽŵƉĂƌĂďůĞĂŶĚĐŽŵƉĂƚŝďůĞǁŝƚŚƚŚĞ,ĞĂƌŝŶŐǆĂŵŝŶĞƌ͕ƚŚĂƚƚŚĞƵƐĞŽĨ ƉĞƌŵŝƚƚĞĚƵƐĞƐŝŶƚŚĞ WhŽƌŝŶƚŚĞ ^ƚƌĂŝŐŚƚŽŶŝŶŐŝƐƚƌŝĐƚ͘͟ ASSOCIATIONS ŽŵƉůĞƚĞƚŚĞĨŽůůŽǁŝŶŐĨŽƌĂůůƌĞŐŝƐƚĞƌĞĚ,ŽŵĞKǁŶĞƌͬŝǀŝĐƐƐŽĐŝĂƚŝŽŶ;ƐͿƚŚĂƚĐŽƵůĚďĞĂĨĨĞĐƚĞĚďǇƚŚŝƐ ƉĞƚŝƚŝŽŶĂŶĚůŽĐĂƚĞĚǁŝƚŚŝŶϭ͕ϬϬϬĨĞĞƚŽĨƚŚĞƐƵďũĞĐƚƉƌŽƉĞƌƚǇ͘WƌŽǀŝĚĞĂĚĚŝƚŝŽŶĂůƐŚĞĞƚƐŝĨŶĞĐĞƐƐĂƌǇ͘ /ŶĨŽƌŵĂƚŝŽŶĐĂŶďĞĨŽƵŶĚŽŶƚŚĞ ŝǀŝĐƐƐŽĐŝĂƚŝŽŶƐĂŶĚŽŵŵƵŶŝƚŝĞƐƉĂŐĞ ŽŶƚŚĞŽĂƌĚŽĨŽƵŶƚǇ ŽŵŵŝƐƐŝŽŶĞƌ͛ƐǁĞďƐŝƚĞ͘ƉƉůŝĐĂŶƚŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌĂŶĚƐŚĂůůĐŽŶĨŝƌŵƚŚĞĐƵƌƌĞŶƚŵĂŝůŝŶŐĂĚĚƌĞƐƐĞƐĨŽƌ ĞĂĐŚĂƐƐŽĐŝĂƚŝŽŶĂƐƌĞŐŝƐƚĞƌĞĚďǇƚŚĞ&ůŽƌŝĚĂĞƉĂƌƚŵĞŶƚŽĨ^ƚĂƚĞ͕ŝǀŝƐŝŽŶŽĨŽƌƉŽƌĂƚŝŽŶƐ͘ City: State: ZIP: ŝƚǇ͗^ƚĂƚĞ͗/W͗ ŝƚǇ͗^ƚĂƚĞ͗/W͗ ŝƚǇ͗^ƚĂƚĞ͗/W͗ Name of Homeowner ͬŝǀŝĐAssociation: Mailing Address: EĂŵĞŽĨ,ŽŵĞŽǁŶĞƌͬŝǀŝĐƐƐŽĐŝĂƚŝŽŶ͗ DĂŝůŝŶŐĚĚƌĞƐƐ͗ EĂŵĞŽĨ,ŽŵĞŽǁŶĞƌͬŝǀŝĐƐƐŽĐŝĂƚŝŽŶ͗ DĂŝůŝŶŐĚĚƌĞƐƐ͗ EĂŵĞŽĨ,ŽŵĞŽǁŶĞƌͬŝǀŝĐƐƐŽĐŝĂƚŝŽŶ͗ DĂŝůŝŶŐĚĚƌĞƐƐ͗ EĂŵĞŽĨ,ŽŵĞŽǁŶĞƌͬŝǀŝĐƐƐŽĐŝĂƚŝŽŶ͗ DĂŝůŝŶŐĚĚƌĞƐƐ͗ŝƚǇ͗^ƚĂƚĞ͗/W͗ Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 09/2022 Page 2 of 3 Page 816 of 1035 ^hD/dd>ZYh/ZDEd^,<>/^d ^ĞĞŚĂƉƚĞƌϯ'͘ϲŽĨƚŚĞĚŵŝŶŝƐƚƌĂƚŝǀĞŽĚĞĨŽƌƐƵďŵŝƚƚĂůƌĞƋƵŝƌĞŵĞŶƚƐ͘ dŚĞĨŽůůŽǁŝŶŐŝƚĞŵƐĂƌĞƚŽďĞƐƵďŵŝƚƚĞĚ ǁŝƚŚƚŚĞĂƉƉůŝĐĂƚŝŽŶƉĂĐŬĞƚ͘/ŶĐŽŵƉůĞƚĞƐƵďŵŝƚƚĂůƐǁŝůůŶŽƚďĞĂĐĐĞƉƚĞĚ ŽƌƉƌŽĐĞƐƐĞĚ͘ ZYh/ZDEd^&KZZs/t ZYh/ZEKd ZYh/Z ŽŵƉůĞƚĞĚƉƉůŝĐĂƚŝŽŶ ĨĨŝĚĂǀŝƚŽĨƵƚŚŽƌŝǌĂƚŝŽŶ ŽŵƉůĞƚĞĚĚĚƌĞƐƐŝŶŐŚĞĐŬůŝƐƚ ĞƚĞƌŵŝŶĂƚŝŽŶƌĞƋƵĞƐƚĂŶĚƚŚĞũƵƐƚŝĨŝĐĂƚŝŽŶĨŽƌƚŚĞƵƐĞ WhKƌĚŝŶĂŶĐĞĂŶĚĞǀĞůŽƉŵĞŶƚŽŵŵŝƚŵĞŶƚŝŶĨŽƌŵĂƚŝŽŶ WƌŽƉĞƌƚǇKǁŶĞƌƐŚŝƉŝƐĐůŽƐƵƌĞ&Žƌŵ ĂƚĞ ƉƉůŝĐĂŶƚ^ŝŐŶĂƚƵƌĞ WƌŝŶƚĞĚEĂŵĞ WƌĞͲƉƉůŝĐĂƚŝŽŶDĞĞƚŝŶŐĨĞĞΨϱϬϬ͘ϬϬ ŽŵƉĂƌĂďůĞhƐĞĞƚĞƌŵŝŶĂƚŝŽŶƉƉůŝĐĂƚŝŽŶĨĞĞ͗Ψϭ͕ϬϬϬ͘ϬϬ ƐƚŝŵĂƚĞĚ>ĞŐĂůĚǀĞƌƚŝƐŝŶŐĨĞĞ͗Ψϭ͕ϭϮϱ͘ϬϬ /ĨĂƉƉůŝĐĂďůĞ͕ĂŶĂĚĚŝƚŝŽŶĂůĨĞĞĨŽƌWƌŽƉĞƌƚǇKǁŶĞƌEŽƚŝĨŝĐĂƚŝŽŶƐǁŝůůďĞďŝůůĞĚƚŽƚŚĞĂƉƉůŝĐĂŶƚĂĨƚĞƌŚĞĂƌŝŶŐ ĚĂƚĞ͘;sĂƌŝĂďůĞͿ YƵĞƐƚŝŽŶƐ͍ŵĂŝů͗'DĐůŝĞŶƚƐĞƌǀŝĐĞƐΛĐŽůůŝĞƌĐŽƵŶƚǇĨů͘ŐŽǀ ΎdŚĞĐŽŵƉůĞƚĞĚĂƉƉůŝĐĂƚŝŽŶ͕ĂůůƌĞƋƵŝƌĞĚƐƵďŵŝƚƚĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚĨĞĞƐƐŚĂůůďĞƐƵďŵŝƚƚĞĚƚŽ͗ 'ƌŽǁƚŚDĂŶĂŐĞŵĞŶƚŽŵŵƵŶŝƚǇĞǀĞůŽƉŵĞŶƚĞƉĂƌƚŵĞŶƚͮ'DWŽƌƚĂů͗ ŚƚƚƉƐ͗ͬͬĐǀƉŽƌƚĂů͘ĐŽůůŝĞƌĐŽƵŶƚǇĨů͘ŐŽǀͬĐŝƚǇǀŝĞǁǁĞď FEE REQUIREMENTS ůůĨĞĞƐĂƌĞĐŽůůĞĐƚĞĚĂƚƚŚĞƚŝŵĞŽĨĂƉƉůŝĐĂƚŝŽŶ͘WƌŽƉĞƌƚǇEŽƚŝĨŝĐĂƚŝŽŶ>ĞƚƚĞƌƐ͕ŝĨƌĞƋƵŝƌĞĚďǇ dŚĞ>ĂŶĚĞǀĞůŽƉŵĞŶƚŽĚĞ͕ǁŝůůďĞ ŝŶǀŽŝĐĞĚĂĨƚĞƌƚŚĞƉĞƚŝƚŝŽŶŝƐŚĞĂƌĚďǇƚŚĞŽĂƌĚŽĨŽƵŶƚǇŽŵŵŝƐƐŝŽŶĞƌƐ͘ ƐƚŚĞĂƵƚŚŽƌŝǌĞĚĂŐĞŶƚͬĂƉƉůŝĐĂŶƚĨŽƌƚŚŝƐƉĞƚŝƚŝŽŶ͕/ĂƚƚĞƐƚƚŚĂƚĂůůŽĨƚŚĞŝŶĨŽƌŵĂƚŝŽŶŝŶĚŝĐĂƚĞĚŽŶƚŚŝƐĐŚĞĐŬůŝƐƚŝƐŝŶĐůƵĚĞĚŝŶƚŚŝƐ ƐƵďŵŝƚƚĂůƉĂĐŬĂŐĞ͘/ƵŶĚĞƌƐƚĂŶĚƚŚĂƚĨĂŝůƵƌĞƚŽŝŶĐůƵĚĞĂůůŶĞĐĞƐƐĂƌǇƐƵďŵŝƚƚĂůŝŶĨŽƌŵĂƚŝŽŶŵĂǇƌĞƐƵůƚŝŶƚŚĞĚĞůĂǇŽĨƉƌŽĐĞƐƐŝŶŐƚŚŝƐ ƉĞƚŝƚŝŽŶ͘ΎĚĚŝƚŝŽŶĂůĨĞĞĨŽƌƚŚĞϱƚŚĂŶĚƐƵďƐĞƋƵĞŶƚƌĞͲƐƵďŵŝƚƚĂůǁŝůůďĞĂĐĐĞƐƐĞĚĂƚϮϬйŽĨƚŚĞŽƌŝŐŝŶĂůĨĞĞ͘ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 09/2022 Page 3 of 3 Page 817 of 1035 Page 1 of 11 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 PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G.1 of the Administrative Code Amendment toPUD (PUDA): LDCsubsections10.02.13 E; and10.03.06.B; andCh. 3 G.2 ofthe Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. File a separate application for an insubstantial or minor change to a PUD. Nameof Property Owner(s): NameofApplicant ifdifferent thanowner: Address: City: State: ZIP: Telephone: Cell: E-Mail Address: Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: E-Mail Address: IfPropertyisundercontract to be sold: Nameof Property Buyer(s): NameofApplicant ifdifferent thanbuyer: Address: City: State: ZIP: Telephone: Cell: E-Mail Address: Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: E-Mail Address: Application for a PublicHearingfor PUDRezone, Amendment toPUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) APPLICANTCONTACT INFORMATION PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR)/24 Page 818 of 1035 PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) /24 Page 2 of 11 This application is requesting a rezone from:_______________________________________Zoning district(s) to the _______________________________________________Zoning district(s). Present Use of the Property:__________________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________________ Original PUD Name: ________________________________________________________________________ Ordinance No: _____________________________________________________________________________ On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: x If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; x If required to do so at the pre-application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), and x The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property ID Number: Size of Property: ft. x ft. = Total Sq. Ft. Acres: Address/General Location of Subject Property: PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Mixed Use Industrial Community Facilities Research and Technology Park Airport Operations Other: ________________________________ PROPERTY INFORMATION REZONE REQUEST Page 819 of 1035 Page 3 of 11 Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: Plat Book: Page #: Property ID Number: Metes & Bounds Description: _________________________________________________________________ Complete the following for all registered Home Owner / 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: ADJACENT ZONING AND LAND USE ASSOCIATIONS PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) /24 Page 820 of 1035 Page 4 of 11 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. 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. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. c. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy, or other provision.) d. 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. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions EVALUATION CRITERIA PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) /24 Page 821 of 1035 Page 5 of 11 Previous land use petitions on the subject property:To your knowledge,has a publichearing been held on this property within the last year? If so, what was the nature of that hearing? 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. This land usepetition requires a Neighborhood Information Meeting (NIM), pursuant toChapter 8 B of the Administrative Code and LDC section 10.03.05. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B of the Administrative Code for the NIM procedural requirements. Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. PUBLIC NOTICE REQUIREMENTS RECORDINGOFDEVELOPER COMMITMENTS LDC subsection10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursuetherezoning, amendment, or change, for a period ofsix(6) months. An application deemed “closed” will not receive further processing, and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees, and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. 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. PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR)/24 Page 822 of 1035 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST Name of Applicant(s): Address: City: State: Zip: Telephone: Cell: E-Mail Address: Address of Subject Property (If available): City: State: Zip: Section/Township/Range: / / Lot: Block: Subdivision: Metes & Bounds Description: Plat Book: Page #: Property ID Number: Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System d. Package Treatment Plant e. Septic System Provide Name: (GPD Capacity): Type: Check applicable system: a. County Utility System b. City Utility System c. Franchised Utility System d. Private System (Well) Total Population to be Served: Peak and Average Daily Demands: A. Water-Peak: B. Sewer-Peak: Provide Name: Average Daily Demands: Average Daily Demands: TYPE OF WATER SERVICE TO BE PROVIDED APPLICANT CONTACT INFORMATION PROPERTY INFORMATION TYPE OF SEWAGE DISPOSAL TO BE PROVIDED PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) /24 Page 823 of 1035 Page 7 of 11 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Attach additional pages if necessary. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) /24 Page 824 of 1035 Page 8 of 11 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1.The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2.The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3.A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4.All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5.So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 , by who is personally known to me or has produced as identification. Notary Seal Signature of Notary Public Print Name of Notary Public COVENANT OF CONTROL PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) /24 Page 825 of 1035 Page 9 of 11 The following submittal requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application.Pleaseupload thesubmittalitemswith cover sheetsattachedto each sectionviathe GMCD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED CoverLetterwithnarrativestatementincludingadetaileddescriptionofwhy amendment is necessary Completed application with required attachments (download latest version) Pre-application meeting notes AffidavitofAuthorization,signedandnotarized PropertyOwnershipDisclosureForm NotarizedandcompletedCovenantofUnifiedControl Completed Addressing Checklist (no older than 6 months) WarrantyDeed(s) SignedandsealedBoundary Survey (no older than 6 months) Architectural rendering of proposed structures Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Statementof utility provisions Statement of compliance with Growth Management Plan EnvironmentaldatarequirementspursuanttoLDCsection3.08.00 EnvironmentalDataRequirementscollatedintoasingleEnvironmentalImpact Statement(EIS)packet at timeofpublichearings. Coordinate withproject planner at time of public hearings. See Chapter 7 A. of the Administrative Code Listedorprotectedspeciessurvey,lessthan12monthsold. Includecopiesof previoussurveys. TrafficImpact Study (TIS) Historical and Archaeological Survey or Waiver SchoolImpact Analysis Application,ifapplicable with residential uses Location of existing public facilities that will serve the PUD Electroniccopyofall requireddocuments CompletedExhibitsA-F(seebelowforadditionalinformation)+ ListofrequesteddeviationsfromtheLDCwithjustificationforeach(this document is separate from Exhibit E) ConceptualMasterSitePlan24” x 36”andone (1) 8 ½” x 11” copy *Checklistcontinues onnext page Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G.1 of the Administrative Code Amendmentto PUD- Ch.3 G.2of theAdministrativeCode PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR)/24 Page 826 of 1035 PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR) 4//24 Page 10 of 11 OriginalPUD document/ordinance, andMasterPlan24”x36” –OnlyifAmending the PUD RevisedPUD documentwith changes crossedthru& underlined Development Commitments (infrastructure and related matters) CopyofOfficialInterpretationand/orZoningVerification +The followingexhibitsareto becompletedon a separate documentand attached to the application packet: x ExhibitA: Listof Permitted Uses x ExhibitB: Development Standards Table for each type of land use x ExhibitC:MasterPlan- SeeChapter 3 G.1 oftheAdministrativeCode x Exhibit D: LegalDescription x ExhibitE:List ofRequested LDC Deviations andjustificationfor each x Exhibit F:List ofDevelopment Commitments IflocatedinRFMU(Rural Fringe Mixed Use) ReceivingLandAreas, pursuantto LDCsubsection2.03.08 A.2.a.(2)(b)i.c.,the applicant must contact theFlorida Forest Service at 239-690-3500 forinformationregarding“WildfireMitigation & PreventionPlan.” PLANNERS – INDICATEIFTHE PETITIONNEEDSTOBEROUTEDTO THE FOLLOWINGREVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL:Nicole Johnson UtilitiesEngineering: Anthony Stolts ParksandRecreation Director: Emergency Management: Dan Summers; and/or EMS: Artie Bay Immokalee Water/Sewer District: Stormwater Management: Fire: CityofNaplesPlanningDirector:Erica Martin Other: CityofNaplesUtilities: Other: Fire Pre-Application Meeting:$150.00 (Applied as credit towards fire review fee upon submittal of application if within 9 months of the pre-app meeting date) Pre-ApplicationMeeting:$500.00 PUDRezone:$10,000.00* plus $25.00anacreorfraction of an acre PUDto PUD Rezone:$8,000.00* plus $25.00 an acre orfractionof an acre PUDAmendment:$6,000.00*plus$25.00 anacreorfractionofanacre ComprehensivePlanning Consistency Review: $2,250.00 EnvironmentalDataRequirements-EISPacket(submittaldeterminedatpre-application meeting): $2,500.00 Listed or Protected Species Review (whenan EISis not required):$1,000.00 TransportationReview Fees: x MethodologyReview:$500.00 (MethodologybyEmailto Staff) *Additionalfeestobedetermined atMethodologyMeeting x Minor Study Review: $750.00 x Major Study Review $1͕ϱϬϬ͘ϬϬ FEE REQUIREMENTS Page 827 of 1035 Page 11 of 11 Fire Planning Review Fee:;ΨϯϬϬWh͕WhZͿ ;ΨϭϱϬWhͿ EstimatedLegalAdvertisingfee: x CCPC:$1,125.00 x BCC: $500.00 If applicable,anadditionalfeeforProperty OwnerNotificationswill bebilledtotheapplicant after Hearing Examiner hearing date. (Variable) SchoolConcurrency Fee, ifapplicable: x MitigationFees,ifapplication,to bedeterminedby the SchoolDistrict incoordinationwith the County All fees arecollectedat thetimeof application. Property NotificationLetters, ifrequired by TheLandDevelopment 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 includ ed in this submittal package. I understandthat failuretoincludeall necessary submittal information may result inthedelay of processingthis 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 Named of Signing Party *Thecompleted application,allrequired submittal materials,andfeesshall besubmittedto: Growth Management Community Development Department | GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions?Email:GMDclientservices@colliercountyfl.gov PUD Rezone, PUD Amendment, PUD to PUD Rezone Application (PUDZ, PUDA, PUDR)/24 Page 828 of 1035 Created: 2025-10-14 08:53:03 [EST] (Supp. No. 31) Page 1 of 2 5.05.01 Businesses Serving Alcoholic Beverages A.Sale of alcoholic beverages.The County Manager or designee, may authorize the sale of alcoholic beverages for consumption on-site, subject to compliance with all zoning restrictions and the following locational criteria: 1. No such use shall be located within 500 feet of any established elementary, middle, or high school, child care center, public library, church, public park, or public playground. This does not include beach access points. The distance of 500 feet shall be measured as the shortest distance between the lot on which the school, child care center, public library, church, public park, or public playground is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 2. No such use shall be located within 500 feet of any existing establishment whose primary function is the sale of alcoholic beverages for consumption on-site. The distance of 500 feet shall be measured as the shortest distance between the lot on which the existing establishment is located and the lot on which the alcoholic beverages are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the establishment. 3. The erection of any school, child care center, public library, church, public park, or public playground within 500 feet of an establishment which offers the sale of alcoholic beverages for consumption on- site shall not cause such establishment to become nonconforming. 4. The County Manager or designee approval for the sale of alcoholic beverages for consumption on-site, granted pursuant to this section, shall expire after the following periods of time and shall thereafter become null and void: a. In the case of an existing structure, zoning approval shall expire six (6) months from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. For purposes of this section, operation shall be defined as the sale of alcoholic beverages in the normal course of business. b. In the case of a new structure, zoning approval shall expire one (1) year from the date of approval unless, within that period of time, operation of the alcoholic beverage establishment has commenced. However, if substantial construction is completed, the County Manager or designee may grant one (1) extension for up to six (6) months. 5. The procedures for approval of a site for the sale of alcoholic beverages are set forth in Chapter 10 and the Administrative Code. 6. The BZA may, by resolution, grant a waiver of part or all of the minimum distance requirement set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for the sale and consumption of alcoholic beverages is separated from an established business whose primary function is the sale of alcoholic beverages for consumption on-site, from the school, child care center, public library, church, public park or public playground by natural or manmade boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirement. The BZA's decision to waive part or all of the distance requirement shall be based upon the following factors: a. The nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing school, child care center, public library, church, public park, or public playground which is determined by the BZA to lessen the need for the total 500-foot distance requirement. Such boundary, structure, or other feature may include, but is 5.05.01 Businesses Serving Alcoholic Beverages Page 829 of 1035 Created: 2025-10-14 08:53:03 [EST] (Supp. No. 31) Page 2 of 2 not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and major rights-of-way. b. The paths of vehicular and pedestrian traffic which could be taken between the alcoholic beverage establishment and the school, child care center, public library, church, public park, or public playground. c. The hours of operation and the noise and light which could potentially be generated from the premises selling alcoholic beverages. d. The Administrative Code shall establish the submittal requirements and procedures for the waiver of distance requirements. 7. The following uses shall be exempt from the requirements of section 5.05.01. a. Any restaurant deriving at least fifty-one (51) percent of its gross revenue from the sale of food and nonalcoholic beverages. b. Any motel and/or hotel with 100 or more guestrooms. c. Any private club, golf club, country club, or civic or fraternal club may serve alcoholic beverages for consumption on-site when such service is incidental to the main use and for the exclusive use of the members, tenants, and/or guests of the facility. 8. Any owner or operator of an establishment approved under this section to sell any alcoholic beverages for consumption on-premises shall, upon written demand of the County Manager or designee, make, or cause to be made, under oath a statement itemizing what percentage of his gross receipts are from the sale of alcoholic beverages. (Ord. No. 13-56, § 3.R) Page 830 of 1035 Created: 2026-02-04 11:39:16 [EST] (Supp. No. 124) Page 1 of 1 Sec. 6-1. Hours of sale. (a)Definitions.The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1)"Alcoholic beverages"and the requisite proof thereof means whiskey moonshine whiskey, shine, rye whisky, bourbon, rum, gin, vodka, scotch, tequila, brandy, or by another substantially similar name or names, which shall be prima facie evidence that such liquor is intoxicating and contains more than 4.007 percent of alcohol by volume; or the beverage is in a container labeled as "beer." "ale," "malt liquor," "malt beverage," "wine," or "distilled spirits" or is labeled with any other intoxicating liquor name and includes the manufacturer's insignia, name, or trademark, which labeling is prima facie evidence that such is an alcoholic beverage; also any individual or individuals who by experience in his or her past by handling or use of such beverage or liquor, or who by taste, smell, or the drinking of such beverage or liquor has knowledge as to the intoxicating nature thereof, may testify as to his or her opinion whether such beverage or liquor is or is not intoxicating, and a verdict based upon such testimony shall be valid. (2)Sold means any transfer of an alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a club licensed under F.S. tit. XXXIV (F.S. chs. 561—568). (b)Hours of sale.No alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under F.S. tit. XXXII (F.S. chs. 561—568) between the hours of 2:00 a.m. and 7:00 a.m.; provided, however, the hours of prohibition for January 1 of each year shall be 5:00 a.m. to 7:00 a.m. Said hours of prohibition shall only apply to the unincorporated areas of the county. (c)Penalty.Violation of this section is punishable as provided by law for the violation of county ordinances. Each sale of an alcoholic beverage which occurs outside of the herein established legal hours shall constitute a separate violation of this section. Prosecution as a misdemeanor shall not preclude other remedies available in law and equity. (Ord. No. 78-56, §§ 1, 2, 4; Ord. No. 07-43, § 1) State law reference(s)—Local regulation of hours of sale, F.S. §§ 562.14, 562.45(2); penalty for ordinance violations, F.S. § 125.69. Sec. 6-1.Hours of sale. Page 831 of 1035 Tamiami Crossing MPUD CUD PL20250014954 HEX Backup Application and Supporting Documents Page 832 of 1035 Page 833 of 1035 Page 834 of 1035 Page 835 of 1035 1 Sharon Umpenhour From:Wayne Arnold Sent:Thursday, December 18, 2025 10:09 AM To:Michael Bosi Cc:Sharon Umpenhour Subject:RE: Tamiami Crossings Comparable Use Determination Mike, thanks for the response. We will forego the pre-app and navigate the process as before. Merry Christmas to you and your family. Wayne Wayne Arnold | Vice President O: 239.947.1144 | D: 239.785.2909 | E: Wayne.Arnold@pape-dawson.com From: Michael Bosi <Michael.Bosi@collier.gov> Sent: Thursday, December 18, 2025 9:57 AM To: Wayne Arnold <Donald.Arnold@pape-dawson.com> Subject: RE: Tamiami Crossings Comparable Use Determination Wayne, A pre-application meeting is normally required, but review of the PUD list of permitted uses has auto dealers new and used as a permitted use, which is allowed by the LDC in the C-4 and C-5 zoning districts. A liquor store (SIC 5912) is a use that is allowed in the C-3 zoning district per the LDC. If you are comfortable with the requirements of the comparable use process, forgoing the pre-app meeting is acceptable. If you chose to pursue the comparable use determination application without conducting a pre-app, you assume the responsibility to contact the individual reviewers on any questions related to the submittal and the that your initial submittal may not contain all the information the individual reviewers may need to satisfy their reviews. Please include this e- mail as part of your application submittal. 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 Page 836 of 1035 2 From: Wayne Arnold <Donald.Arnold@pape-dawson.com> Sent: Thursday, December 18, 2025 9:26 AM To: Michael Bosi <Michael.Bosi@collier.gov> Subject: Tamiami Crossings Comparable Use Determination 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, do I need a pre-application meeting to submit the CUD for an ABC Liquor store at Tamiami Crossings PUD at Collier Blvd./U.S. 41? Kite Development has been approached by ABC to become an inline tenant. My review of the PUD identified that a liquor store is not a permitted use; however, I think because it is a retail facility it could be reviewed as a comparable use to other retail uses listed. Please let me know your thoughts. Thanks, Wayne Wayne Arnold | Vice President O: 239.947.1144 | D: 239.785.2909 | E: Wayne.Arnold@pape-dawson.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 837 of 1035 Page 838 of 1035 WRITTEN CONSENT OF THE SOLE MEMBER OF THE LIMITED LIABILITY COMPANIES IDENTIFIED ON EXHIBIT A TO ACTION WITHOUT A MEETING The undersigned, being the sole member of the limited liability companies listed in Exhibit A (the "Entities"), hereby consents that the following actions may be, and the same hereby are, taken without the necessity of a meeting: RESOLVED, that the following persons ("Officers") are hereby elected to the offices shown opposite their respective names, of each entity to hold such office(s) until their successors are duly elected and qualified: John A. Kite Chairman and Chief Executive Officer Thomas K. McGowan President and Chief Operating Officer Heath R. Fear Executive Vice President and Chief Financial Officer Mellissa Boggs Executive Vice President, Employee Experience Neil D. Burka Senior Vice President, Property Management Randy Burke Senior Vice President, Construction Services Kimberly A. Fuhrman Senior Vice President, Property Marketing & Specialty Leasing Tyler Henshaw Senior Vice President, Capital Markets and Investor Relations, Treasurer Mark S. Jenkins Senior Vice President, Development Veronica Locker Vice President, Internal Audit and Enterprise Risk Management Bryan McCarthy Senior Vice President, Marketing and Communications Christopher S. Naveja Senior Vice President – Chief Administrative and Transformation Officer Dean J. Papadakis Senior Vice President, Chief Legal Officer & Corporate Secretary Docusign Envelope ID: EAC76EBB-088B-49B1-9E72-76634A47B597 Page 839 of 1035 2 Gregg S. Poetz Senior Vice President, Leasing Mitch Rippe Senior Vice President, Acquisitions & Dispositions Joe Schmid Interim Chief Accounting Officer Theresa M. Severson Senior Vice President, Insurance & Risk Management Robert G. Solloway Senior Vice President, Head of Leasing Legal RESOLVED, that any individual previously appointed or elected to any office for any Entity, to the extent such appointment is not set forth above, is hereby removed; RESOLVED FURTHER, that any and all acts taken, and any and all agreements or other instruments executed, on behalf of the Entities by any officer of the Entities prior to the execution hereof be, and they hereby are, ratified, confirmed, adopted and approved; and RESOLVED FURTHER, that this Consent be in lieu of a meeting of the Entities and shall be filed in the record book of the Entities. IN WITNESS WHEREOF, the undersigned has executed this Written Consent as of __________. KRG-USCRF RETAIL PORTFOLIO LLC, a Delaware limited liability company, its the sole member KRG-USCRF RETAIL PORTFOLIO MEMBER LLC, a Indiana limited liability company, its operating member By: KITE REALTY GROUP, L.P., a Delaware limited partnership By: Kite Realty Group Trust, a Maryland real estate investment trust, its general partner By: ________________________ Dean J. Papadakis Senior Vice President, Chief Legal Officer & Corporate Secretary Page 840 of 1035 3 EXHIBIT A – LIST OF ENTITIES KRG 951 & 41, LLC KRG Livingston Center, LLC KRG-USCRF Plaza Volente, LLC Docusign Envelope ID: EAC76EBB-088B-49B1-9E72-76634A47B597 Page 841 of 1035 Page 842 of 1035 Page 843 of 1035 Page 844 of 1035 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 4 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. PROPERTY OWNERSHIP DISCLOSURE FORM Page 845 of 1035 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 4 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 KRG 951 & 41, LLC, 30 SOUTH MERIDIAN STREET, SUITE 1100, INDIANAPOLIS, IN 46204 KRG-USCRF RETAIL PORTFOLIO LLC, a Delaware limited liability company, its the sole member KRG-USCRF RETAIL PORTFOLIO MEMBER LLC, an Indiana limited liability company, its operating member By: KITE REALTY GROUP, L.P., a Delaware limited partnership By: Kite Realty Group Trust, a Maryland real estate investment trust, its general partner (a publicly traded company) Dean J. Papadakis, Senior Vice President, Chief Legal Officer & Corporate Secretary 100 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address N.A. Page 846 of 1035 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 4 g. Date subject property acquired 2024 Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: Page 847 of 1035 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 4 of 4 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. January 19, 2026 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) AFFIRM PROPERTY OWNERSHIP INFORMATION Page 848 of 1035 DRAFT Mr. Mike Bosi, AICP Division Director-Planning and Zoning Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Tamiami Crossing PUD Comparable Use Determination – PL20250014954 Dear Mr. Bosi: The Tamiami Crossing PUD is a commercial PUD located within Activity Center #18. Activity Centers are the preferred areas for the County’s most intensive commercial development. The PUD allows many retail commercial uses that are commonly found in the C-1 to C-4 zoning districts. The applicant is requesting that staff and the Hearing Examiner determine that a liquor store (SIC 5921) is a comparable and compatible use to other uses permitted in the PUD. The Tamiami Crossing PUD (Ordinance 2015-14) allows other miscellaneous retail uses also found with the Major Group 59 of the SIC Code. Group 59 is a miscellaneous retail group that provides for uses such as drug stores, sporting goods stores, bookstores, jewelry stores, and many other retail stores. The PUD also permits a wide variety of general merchandise stores such as department stores and warehouse clubs. The PUD also allows food stores, convenience stores and restaurants. The proposed liquor store use (SIC 5921) would be an in-line retail establishment within the existing 147,000+/- square feet center, not unlike ABC Liquor or Total Wine stores located in Collier County. The sale of beer, wine and spirits does commonly occur in conjunction with grocery stores, convenience stores and warehouse clubs, which are permitted uses within the Tamiami Crossing PUD. The PUD also allows for consumption on premises for alcohol in a bar or restaurant. The liquor store use is similar in nature to other uses permitted in the PUD, and the sales of beer, wine and liquor is compatible with other uses permitted within the PUD, which also commonly sell alcohol for off-site consumption. The Land Development Code Section 10.02.06.K identifies criteria for a comparable use determination. We have addressed these criteria as follows: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: i. Operating hours; Page 849 of 1035 Mr. Mike Bosi, AICP RE: Tamiami Crossing PUD Comparable Use Determination – PL20250014954 DRAFT Page 2 of 3 The retail liquor store would have hours of operation similar to other retail establishments permitted within the PUD. The Tamiami Crossing PUD has no limitations on hours of operation for any permitted use. ii. Traffic volume generated/attracted; The liquor store use generates comparable traffic trips to other permitted retail uses in the PUD, and fewer trips than uses such as convenience stores and fast food restaurants which are also permitted in the PUD. iii. Type of vehicles associated with the use; Liquor stores receive deliveries by box trucks just as most other retail users do. Customer traffic is by passenger vehicle. Number and type of required parking spaces; and The Collier County Land Development Code does not specify a parking ratio for liquor stores, but parking would be the same as for other retail uses. The existing retail center within the Tamiami Crossing PUD has parking per the LDC for a retail center. iv. Business practices and activities. The in-line retail liquor store will function as any other retail tenant withing the shopping center. Hours of operation and deliveries will be similar to that of other existing tenants within the center. a. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. The proposed retail liquor store will have no impact on neighboring properties. The use will be conducted within an existing tenant space within the shopping plaza. b. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. The Tamiami Crossing PUD is located within Mixed Use Activity Center #18. The liquor store use is consistent with the Collier County Growth Management Plan. The Activity Centers are the areas within the County where most commercial and light industrial uses are intended to be located. This activity center has been developed with a variety of commercial PUD’s and conventional C-4 and C-5 zoning and includes many national retail users including Lowes Hardware, Fresh Market Grocery, CVS drugstore and multiple fast-food franchises. Page 850 of 1035 Mr. Mike Bosi, AICP RE: Tamiami Crossing PUD Comparable Use Determination – PL20250014954 DRAFT Page 3 of 3 The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. As discussed above, the liquor store use is compatible with other commercial uses permitted within the MPUD, including a variety of retail, convenience, office, drug store and service uses. c. The proposed use shall be compatible with the surrounding neighborhood. The liquor store will be compatible with the surrounding neighborhood. The immediately adjacent properties have been developed with retail commercial and service businesses. The liquor store will be an in-line tenant in an existing multi- tenant shopping plaza. The liquor store will have comparable hours of operation as other retail tenants within the shopping plaza. Any additional relevant information as may be required by County Manager or Designee. The use is also allowed in all conventional commercial zoning districts by right. We have attached copies of the PUD Ordinance 2015-14. The liquor store use is a permitted use in the C-2 through C-5 conventional zoning districts. The property is within a Mixed Use Activity Center which has been developed with a variety of retail uses that are similar in character to the proposed liquor store use We are requesting that staff concur with the applicant that the liquor store use is comparable in nature to those permitted uses listed Ordinance 2015-14, Exhibit A, Commercial Tract Principal Uses. We appreciate your review and look forward to obtaining your verification of these issues. Please let us know if you have any questions or need any additional information in order to address our request. Sincerely, Pape-Dawson D. Wayne Arnold, AICP c: KRG 951 & 41 LLC Pape-Dawson File (25) G:\Planning\PROJ - PLANNING\P0007105-025 Tamiami Crossing PUD CUD\Correspondence\Cover Letter 2025-11-25.docx Page 851 of 1035 X2 X7 X7 À2 X75 X67 X84 X76 À1 X59 X9 À3 X12 X11 À2 X81 À1 X47 À5 X52 X85 X15 À1 À1 X48 X86X77X68 X73 X92 À1.1 À1 X61 X82 X16 À7 X44.1À8 À9 À11À10 À12 X13 X29 X28 À7 À1 X18 X17 X56 X8À6 X10X56.2 À6 À1À23 À24 À25 À26 À27À28 À29 À30 À31 À32À78À79À80À33À81 À34 À35 À36 À37 À38 À39À40 À41À42 À43 À1 À4 À21 À5 À20 À6 À1 À1.1À1À19 À7 À18 À8 À17 À1.1 À9 À10 À16À11 À1.1 X10. 1 À12 À1.1 À13 À15À14À1 X10 À1 À1 À1 X12 À1.1 X6 À1 À1 À1 À1 À2 À1 X79 X9 À1 À14 À3 À2 À1 À3 À13 À54 À55 À56 À57 À58 À59 À60 À61 À62 À63 À64 À65 À66 À67 À68 À69 À70À71 À72À73À74À75À76À77À78À79À80À81À82À83À84À85À86À87À88À89À90À91À92À93À94À95À96À97À98À99À100À101À102À103À104À105À106À107À108À109À110À111À112À113À114À115À116 À117 À118 À119À120À121À122À123À124À125À126À127À128À129À130À131 À132 À133 À134 À135 À136À137À138 À139À140À141À142À143À144À145À146À147À148À149À150À151À152À153À154À155À156À157À158 À159 À15 À1.2 À160 À161 À162 À163 À1 À1 À1 À1 À1 À164 À165 À166 À168À169À170À171À172À173À174À175À176 À1À2À3À4À177 À178 À179 À180 À5À6À7À8À181 À182 À183 À184 À197À9À10À11À12À185 À186 À187 À188 À198À199À200À201À13À14À15À16À16À189 À190À191 À192À202À203À204À1 À17À18À19À20À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À1 À193À194À195À196À21À22À23À24À1À167À60 À8À2 À9À59À3À16 À10À4À58 À11À5 À25À26À27À28À29À30À31À32À33À34À35À36À57 À15 À12À6 À1 À14 À13À1À1 À14 À1 À37À38À39À40À2 À13À32 À7 À15 À11 À10 À9 À8 À16 À41À42À43À44À45À46À47 À48 À12À3 À31 À13 À17 À14À4À30 À15 À18 À49 À50 À51 À52 À12À5 À1 À29 À7 À8 À9 À11À10À6 À16À51 À53 À1 À19 À23 À28 À22À50À20À27 X19 X29 X18 X17 X30 X12. 1 X26 X27 X90 X100 X84 X15X11 X16 X22X34 X36 X2X91X88 X7 X3.3 X45 X85 X71X72X57X20 X90X33X82X23X44X78 X73 X75 X46 X39X28X87 X8 X32 X77 À1 À1 À12 À4 À1 À4 À5À31 À6À13À1 À30À32 À1 À29À38À14À33 À34 À28À37À15 À35 À3À16À36À27 À5À17 À18 À26À21 À22 À23À19 À24À20 À25 À1 À2 À1 À9À10 À8 À11 À12À7À6À13À77À5À14À76 À75 À15À16À74 À17 À18À1À73À645 À19À72À20À644 À21 À22À643À64À1À63À71À601À66À65À70À68À69À67À62 À61À641À602À60 À59 À603À646 À1À640 À58 À671 À604À670 À57 À639 À56 À605À647 À55 À638 À606À669À648 À54 À53À637À668À607 À649 À52 À51À636À608À667À650 À50 À635 À49À666À609À651 À48À47 À45À610À46À634À665À652 À611 À664 À653 À1À632À612 À663 À654 À613 À662 À655 À1 À2 À684À683À67À1 À68À76À69 À685À70À682À74À66À71À72À75À73À51 À52 À686À681À53À65 À54 À680À64À55À62À63 À2À1À61À59À60À58À56À57 À679 À678 À1 À677 À687À676 À675 À1 À688À674À689 À673 À1À690À691À1 À692 À1.1 À693À2 À2À3À4À1À5 À6 À1.1À7 À2À9À8À11À10 À3 À5À62 À26 À25 À24 À23 À22 À21 À20 À19 À18 À17 À24À21 À49 À25À1 À48 À26À47À46À45À44À43À42À41À40À27À39À38À37À36À35À34À33À32À31À30À29À28 À1 À6À61 À7À1 X95 X101 À60 À61 À62 À63 À64 À65 À66 À67À68À69À70À71À72À73À74 À75 À76 À77 À78 À79 À80 À81 À82 À83 À84À109 À110 À111 À112 À113 À114 À115 À116 À117 À118 À119 À120 À121 À122 À123 À2 À3 À4 À1 À148 À149 À150 À151 À152 À153 À154 À155 À156À184 À1À1 À1 À1 X96 À1 À1 À1 À1 À1 À1 À1 À1 À1 À2 À3 À4 À5 À6 À7 À8 À9 À10 À11 À12 À13 À14 À15 À16 À17 À18 À19 À1 À1.1 X21À1 À2 À3 À4 X97 À44 À1 À1 À1 À2 BLDG 6 4 BLDG 7 AQUAMARINE AT SUNSTONE ON THE FAIRWAYS CONDO TRACT 215 13DTRACT TRACT 17206 13CTRACT A 197 18 17 TRACT 17 S.F.W.M.D.8TRACT GC-1 169 10 TRACT A TRAC T W M 1 11TRACT A 12 13 TRACT GC-1 14 15 TRACT A TRACT WM3TRACT 15CORAL FALLS RESORT CONDO TRACT WM 1 TRACT 2R TRACT 1R TRACT 3A TRACT 3FTRACT 3ETRACT 3B TRACT 3C TRACT 3F TRACT 3D TRACT 3EBL D G 2 FA L L INGBLDG 1BLDG 3 WATERSPH I BLDG 28FALLING WATERS BEACH RESORT IV CONDOTRACT 16 B E A C H 87 B L D G 4 RESO R T I CONDO BLDG 5 BLDG 6PH II BL D G 7 2 87 BLDG 8 F A L L I N G 1 W A T E R S 5 BL D G 9 RECREATION AREA BE A C H RE S O R T BLD G 1 0 BL D G 2 1 II TRACT RCONDOBLDG 1 1 TR A C T M - 1 R BLDG 20 RE C FALLING AR E A TRA C T M - 1 Q WATERSBL D G 1 2 P BL D G 1 9 BE A C H BLDG 13EA G L E C R E E K RE S O R T O BLDG 1 8 IIICO N D O V COND OTRACT A B L DG 1 7 N BL D G 1 6 BLDG 15TRACT "R" STONEGATE OF EAGLE CREEK 1 J K GOLF COURSE EAST BLDG 14TRACT L TRACT L-1 TRACT L-2TR O S - 2 TRACT OS-1 TRACT OS-3 TR O S TR A C T X TRACT XTRACT X TR X-1TRACT RTRACT P-2 TRACT P TRACT P-3 TRACT P-1 TRACT D TRACT C TRACT B TRACT NAEVILLAGE HOMES EAST AT ARTESIA NAPLES CONDO TRACT D LOT 1 TR A C T P - 1 TR A C T P - 2 TR P-3 LOT 1 A B C OR 4 3 5 6 P G 3 7 9 0 OR 4 3 5 6 P G 3 7 8 2 OR 4 3 5 6 P G 3 7 8 6 TR B TRACT G TRACT ETR A TRACT CTR A C T HTRACT FTRACT CTR D E M TRACT I 2 TRACT "G"TRACT A TR A C T D - 1 TRACT D-2 TRACT D-3 TRACT B TR A C T C TR T TRACT R MYSTIC GREENS II CONDO TRACT GC-1 EQUESTRIAN PROFESSIONAL CENTER CONDO COCONUT PLACE COMMERCIAL CENTER CONDO Airspace Airspace TR A C T B TR A C T B TR A C T B TRACT B TRACT B TRACT H TRACT L TRACT C 1 2 60 61 62 63 64 65 66 67 68 69 70 71 727374 75 76 77 78 79 80 81 82 83110 111 112 113 114 115 116 117 118 119 120 121 122149 150 151 152 153 154 155 184 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WAL-MARTTRACT ATRACT A TRACT B TRACT N TRACT BHABITAT DRPA S E D O D R I V E TRAIL RIDGE ROADCOVENANT ROAD COVENANT ROADGEMMER ROADKOINONIA DRVELE G A C Y L A N E KENDARI TERRACE ARTESIA DRIVE EAST OCEANIA DRIVE (NORTH)OCEANIA DRIVE (NORTH)HENDERSON CREEKSNOOK CIRCLESNOOK CIRCLELADYFISH LANESNAPPER LANESN O O K C I R C L ETROUT LANELELY ISLAND C IRCLEPINNACLE COURTBLVD( C. R. 951 )CELESTE DRIVERESORTLELYU. S . 4 1 T A M I A M I T R A I L COLLIER BOULEVARDSIT T E R L E Y S T R E E T DRIVE TR I A N G L E B L V D CELESTEFULLER LANEAMERICUS LANE TRIANGLE BLVDFULLER LANE U. S . 4 1 TA M I A M I T R A I L BLVDTRIANGLETA M I A M I T R A I L ( U . S . 4 1 )PRICE ST SPRICE STREET COLLIER BOULEVARD ( C.R. 951 )BAREFOOT WILLIAMS ROADCRESTWOOD LANECORMORANT COVE C R E E K B E D D R I V E BRIDGETA M I A M I T R A I L ( U . S . 4 1 ) WATERFORD COLLIER BOULEVARD ( S.R. 951 )EAGLE CREEK DRIVEGRAY WING P O I N T E EA G L E C R E E K D R I V E C Y P R E S S TA M I A M I T R A I L DRIVEVIEW ( U . S . 4 1 )BAREFOOT WILLIAMS ROADEAGLE CREEK DR IVE COLLIER BOULEVARD ( S.R. 951 )A A EAGLE CREEK PUDA LELY RESORT PUDLELY RESORT PUD DRI LELY RESORT PUD DRI CPUD LANDS END PRESERVE PUD C-4 PUD ARTESA POINTE TTRVC MH A C-4 C-4 C-5 C-3 PUD C-3/STC-4 C-3 A CPUD C-4 PUD PUD A PUD RSF-3 A CPUD VICTORIA FALLS FALLING WATERS BEACH RESORT ARTESA POINTEEAGLE CREEK NAPLES MOTORCOACH RESORT TAMIAMI CROSSING PRICE ST AND 41 PU"B" PU CU ASW V SV PU-B CU DRD WC ACTIVITY CENTER #18 DAVIS BOULEVARD (S.R. 84) - SANTA BARBARA BOULEVARD Collier County, Florida £PREPARED BY: GIS/CAD MAPPING SECTION GROWTH MANAGEMENT DEPARTMENT FILE: CPSP_2013_11_Batch2FlueExhibitA_AC18.mxd Date: 6/2017 0 200 400 600100 Feet LEGEND ACTIVITY CENTER BOUNDARY RSF-3 EXISTING ZONING (NOTE: PROVIDED FOR INFORMATIONAL PURPOSES ONLY; THE OFFICIAL SOURCE OF ZONING INFORMATION IS THE ZONING ATLAS SET, WHICH IS PART OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. ORDINANCE NO. 04-41, AS AMENDED) DEVELOPED LAND USE EXISTING BUILDINGS AND STRUCTURES AMENDED - SEPTEMBER 13, 2011 (Ord. No. 2011-26) AMENDED - APRIL 22, 2008 (Ord. No. 2008-21) AMENDED - FEBRUARY 10, 2015 (Ord. No. 2015-13) CANAL CANAL CANAL TAMIAMICANAL CANALCANALNON-STST1270N45E500N45WSTN O N-ST 440 420S45WPage 852 of 1035 ORDINANCE NO. 15- 1 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20140000477] WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing KRG 951 & 41, LLC, petitioned the Board of County Commissioners to amend the Tamiami Crossing Commercial Planned Unit Development ("CPUD"). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to CPUD Document. The CPUD Document, attached as Exhibits "A" through "G" to Ordinance No. 2008-50 is hereby amended and replaced with the CPUD Document attached hereto as Exhibits "A" through"G" and incorporated herein by reference. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. 14-CPS-01356/1147404/1189-Tamiami Crossing CPUD 1 of 2 PUDA-PL20140000477-Rev. 1/22/15 SPage 853 of 1035 PASSED AND DULY ADOPTED by u yr majority vote of the Board of County Commissioners of Collier County, Florida, this I U ^day of f j r 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, CLERK COLLIER COUNTY, FLORIDA By: TIM NANCE, Chairman Approved as to form and legality: A L Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Residential Development Standards Exhibit C —Master Plan Exhibit D—Legal Description Exhibit E - List of Requested Deviations Exhibit F—List of Development Commitments Exhibit G—Landscape Buffer hk ar.^,inance fit=d With C .} cf br 0 O Va cnd c:knov:, f;: _;_:n1:;, that filir. received t'is _ day of Deputy 0er3c 14-CPS-01356/1147404/1]89-Tamiami Crossing CPUD 2 of 2 PUDA-PL20140000477-Rev. 1/22/15 C,4 Page 854 of 1035 EXHIBIT A FOR TAMIAMI CROSSING CPUD PERMITTED USES I. PERMITTED USES The 25.4502± acre commercial project shall not be developed with more than a maximum of 235, 000 square feet of gross commercial floor area. 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—Commercial Tract: 1. Amusement and recreation services: Groups 7911 and 7991. 2. Apparel and accessory stores: Groups 5611 - 5699. 3. Attorney Offices and Legal Services: Group 811 1. 4. Automotive Dealers and Gasoline Service Stations: Groups 5511 (new and used motor vehicle dealers), 5531 (auto and home supply store), 5541 gasoline service stations [automobile service stations only, with services and repairs as described in the Land Development Code, convenience food and beverage stores, and excluding truck stops - retail. Diesel pumps shall only be provided for automobiles and trucks of one ton or less capacity]) and 5571 motorcycle dealers). 5. Automotive Repair, Services and Parking: Groups 7514, 7515, 7542 (only for automobiles and trucks/buses of one ton capacity or less). 6. Boat Dealers: Group 5551. 7. Bowling Center: Group 7933 8. Building Materials: Groups 5211-5231 9. Business Services: Groups 7311, 7313, 7322 - 7338, 7361, 7371 - 7384. 10. Depository Institutions and Non-depository Credit Institutions: Groups 6021- 6163 11. Drinking Establishments and Places: Group 5813 (cocktail lounges permitted only in conjunction with a restaurant). 12. Eating Establishments and Places: Group 5812. 13. Educational Services: Groups 8211 — 8249 and 8299 (no exterior instruction of motorized equipment). Words r• ' ugh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 1 of 13 q Page 855 of 1035 14. Food Stores: Groups 5411, 5421, 5431 (except roadside sales) and 5499. 15. Garden Supply Group: 5261 16. General Merchandise Stores: Groups 5311 - 5399 (including warehouse clubs and discount retail superstores). 17. Hardware Stores: Group 5251. 18. Health Services: Groups 8011 - 8099. 19. Professional Offices: Groups 6712 - 6799. 20. Home Furniture, Furnishings and Equipment Stores: Groups 5712 - 5736. 21. Hotels and Motels: Group 7011. 22. Insurance Agencies, Brokers and Carriers: Groups 6311 -6399 and 6411. 23. Management Services: Groups 8711 - 8748. 24. Membership Organizations: Groups 8611, 8621, 8641 and 8661. 25. Miscellaneous Repair Services: Groups 7622 - 7631. 26. Miscellaneous Retail Services: Groups 5912, 5932 (antiques only), 5941 - 5949 and 5992 - 5999 (except auction rooms, monument and tombstone sales). 27. Movie Picture Theaters: Group 7832. 28. Museums and Art Galleries: Group 8412. 29. Personal Services: Group 7212 (dry-cleaning and laundry pickup stations only), 7215, 7217, 7219 - 7291, and 7299 (car title/tag service and tanning salons only). 30. Public Administration: Groups 9111 - 9661. 31. Real Estate agents and managers (Groups 6512 - 6514, 6519, 6531 - 6552, excluding mobile home brokerage on-site). 32. Security and Commodity Brokers, Dealers, Exchanges and Services: Groups 6211 - 6289. 33. Social Services: Groups 8322 (only adult day care centers, counseling centers, and senior citizens associations), and 8351. 34. Travel Agencies: Group 4724. Words struck c-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 2 of 13 cq Page 856 of 1035 35. Veterinarian's Office: Group 0742 (for household pets only and without overnight boarding or outdoor kennels). 36. Videotape Rental: Group 7841. 37. Any other commercial use or professional service which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals or Hearing Examiner as applicable. B. Accessory Uses/Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Uses and structures that are accessory and incidental to the permitted principal uses. 2. Cocktail lounges (Group 5813), only in conjunction with eating places. 3. Caretaker's residence. 4. Sidewalk sales: outdoor seasonal sales shall be permitted (except roadside sales). II. PROHIBITED USES The following uses shall be prohibited: 1. Tattooing establishments (Group 7299)_ 2. Adult-oriented sales or rentals iGroups 5735 and 7841). III. PRESERVE TRACT 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, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1. Preserves B. Accessory Uses: 1. Boardwalks,nature trails and shelters. Words struck through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 3 of 13 Page 857 of 1035 2. Any other conservation and related open space activity or use that is comparable in nature with the foregoing uses and which the Board of Zoning Appeals, or designee,determines to be compatible in the Preserve Tracts. Words struck through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 4 of 13 Page 858 of 1035 EXHIBIT B FOR TAMIAMI CROSSING CPUD DEVELOPMENT STANDARDS Table I below sets forth the development standards for land uses within the CPUD. Standards not specifically set forth herein shall be those specified in the applicable sections of the Land Development Code (LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 Sq. Ft. N/A MINIMUMLOT WIDTH 75 Ft.N/A MINIMUM YARDS (External) From Tamiami Trail (U.S. 41) Not less than 100 feet except SPS 25 feet for outlots. From Collier Blvd. Net-less-than-25 feet. SPS From Pasedo Dr 25 Ft.SPS From Artesa Pointe PUD Boundary 15 Ft.SPS From Western Project Boundary 25 Ft.SPS From Eastern Project Boundary 25 Ft.SPS MINIMUM YARDS (Internal) Internal Drives/ROW 10 Ft.SPS Rear 15 Ft.SPS Side 10 Ft.SPS Preserve 25 Ft.SPS MIN. DISTANCE BETWEEN 10 Ft. or V2 the sum of the 10 Ft. STRUCTURES building heights * MAXIMUM HEIGHT Retail Buildings***Zoned Zoned 35 15 Ft.25 Ft. Actual 40 Ft. Office BuildingsActual Zoned 35 Ft. 25 Ft. 40-50 Ft. MINIMUM FLOOR AREA 1,000 Sq. Ft. ** N/A MAX. GROSS LEASABLE AREA 235,000 Sq. Ft. N/A SPS =same as principal structure whichever is greater Per subdivided lot, excluding parking areas under buildings Words struelc-through are deleted;words underlined are added. 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E./ a U 0 0 swwz o(wn / w IrIV 0 0 0 0 I zap N .' sLL8w N /' m a 0 0 ° I coF./ w / a 0 W g y 80 U2 w a 0 I w m w a jg o 0 I a w I w w Hz 0c.) // m i 1 0 0 LLa= aw ..zw i O I v,,3YUKNLLpW e w Q ` 1 o p H m UU w w 0 w 1 O Fw @ N a I wd'B Q FdK LLz 4 z- I u 0 5Ow O zw WLL u.J vLLi U~i QOON m Om LA. zm OQ LA I yj1 2 cE pp °.. -- ° I _ 0 3LL O° o LA ma zw o°g m o= o I m o O 0 I/ 00/ Ja i1 ol96'as M w pD 0 4 L.11 LIJ4Jw a 0 J Y ul U q ww H w Z Cr U1a d w> co J W w° W ELuJ 0 O Z w Q W_ o 0 zW w Ci CO Z W it Q U) N D H 0 N D V1 Z W W E w a CjA Page 862 of 1035 EXHIBIT D FOR TAMIAMI CROSSING CPUD LEGAL DESCRIPTION The subject property being 25.4402± acres is located in Section 3, Township 51 South, Range 26 East, and is more fully described as follows: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S. 3" OF TRAIL RIDGE, THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°55'57" WEST, ALONG THE NORTH LINE OF SAID TRACT 0.5. 3", FOR A DISTANCE OF 683.32 FEET TO THE NORTH-EA-ST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH t - el.! _ - e • ' e • e • - _ • e ' - • _ e ' • " " e _ . ! ' • THENCE RUN NORTH 89°55'57" WEST, ALONG SAI-I3 NORTH LINE, FOR A DISTANCE OF 196.99 FEET TO THE NORTHERLYMOSTWESTERLY CORNER OF SAID TRACT "C"; 1' '" • -. • * • - - P. • • C", FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90900'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100.09 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD #951 (RIGHT OF-WAY VARIES); THENCE RUN NORTH 02°30'29" EAST, ALONG SAID EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE RUN NORTH 04°12'04" EAST, e • - - • `- - • - ' HT OF WAY LINE, FOR A DISTANCE 0E-64078-5—FEET; 0 - :004 ' •" - . - ! ' • . • • - e - ;.4.;; - _ - RUN NORTH 15°42'49" WEST FOR A DISTANCE OF 320.11 FEET; THENCE RUN NORTH 35°39'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY OF WAY); THENCE RUN SOUTH 51°20'16" EAST, ALONG SAID SOUTHERLY RIGHT TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA'1k O . . - ! - - - • : FLORIDA; THENCE RUN NORTH 54°20'16" WEST, ALONG THE NORTHERLY LINE OF OF THE PARCEL OF LAND HEREIN DESCRIB-ED, CONTAINING 25.151 ACRES, MORE OR LESS. COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 90 (TAMIAMI TRAIL) WITH THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 951 AS SHOWN ON FDOT RIGHT-OF-WAY MAP DATED 3/18/87 AND HAVING A SECTION NUMBER OF 03030-2511; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 90, SOUTH 54°21'45" EAST Words s.ti-uelf-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 7 of 13 CAC) Page 863 of 1035 305.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE S 54°21'45" E 1,927.32 FEET TO A POINT ON THE EAST LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3860, PAGE 2805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST LINE SOUTH 35°38'15" WEST, A DISTANCE OF 400.00 FEET TO A POINT ON THE BOUNDARY OF TRAIL RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 44, PAGES 71-77 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING SIX (6) COURSES AND DISTANCES; NORTH 54°21'45" WEST, A DISTANCE OF 855.70 FEET; THENCE NORTH 89°57'26" WEST, A DISTANCE OF 683.33 FEET; THENCE SOUTH 00° 02' 32" WEST, A DISTANCE OF 200.05 FEET; THENCE NORTH 89°57' 26" WEST, A DISTANCE OF 196.99 FEET; THENCE SOUTH 02°29'01" WEST, A DISTANCE OF 100.09 FEET; THENCE SOUTH 89°58'31" WEST, A DISTANCE OF 100.09 TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLLIER BOULEVARD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 02°29'01" EAST, A DISTANCE OF 98. 67 FEET TO A POINT ON THE BOUNDARY OF PARCEL 102FEE1 AS RECORDED IN OFFICIAL RECORDS BOOK 4892, PAGE 1638 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES; SOUTH 87°23'44" EAST, A DISTANCE OF 6.16 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHERLY 102.90 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 01°53'52", CHORD BEARING NORTH 08°30'53" EAST, A DISTANCE OF 102.90 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT, THE SAME BEING A POINT ON THE BOUNDARY OF PARCEL 102FEE2 OF SAID OFFICIAL RECORDS BOOK 4892, PAGE 1638; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES; NORTHERLY 12.14 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 00°13'26", (CHORD BEARING NORTH 09°34'31" EAST, A DISTANCE OF 12.14 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 452.43 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,961.00 FEET, A CENTRAL ANGLE OF 06°32'40", (CHORD BEARING NORTH 06° 24'55" EAST, A DISTANCE OF 452.18 FEET); THENCE NORTH 07°54' 29" EAST, A DISTANCE OF 112.52 FEET; THENCE NORTH 05°32'33" EAST, A DISTANCE OF 6.21 FEET TO A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF SAID PUBLIC RECORDS; THENCE ALONG SAID NORTH LINE SOUTH 89°43'43" EAST, A DISTANCE OF 223.28 FEET TO A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 805 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE REMAINING COURSES AND DISTANCES BACK TO THE POINT OF BEGINNING; NORTH 15°44'18" WEST, A DISTANCE OF 320.41 FEET; THENCE NORTH 35° 38'15" EAST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25.02 ACRES, MORE OR LESS. Words struck are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 8of13 CAOPage 864 of 1035 EXHIBIT E FOR TAMIAMI CROSSING CPUD DEVIATIONS A. Landscape buffer(s). The developer requests a deviation from Subsection 1.06. 02, Table 2.1 (footnote 3) of the LDC, only for that portion of the project immediately north of Tract A. This deviation would provide relief from the above referenced LDC provision which requires a landscape buffer to be provided between platted commercial building lots, to permit a B. Project signage.The developer requests a deviation from Subsections 5.06.01.C.1 and 5.06.04.C.3 which permits a maximum of two pole or monument signs per street frontage at a maximum of 80 square feet each and 1,000 feet separation, to permit a maximum of sign shall exceed 80 square feet. 1. Parking distribution. The developer requests a deviation from Subsections 5.05.08.E of the LDC which permits no more than 50% of the required parking area for interior lots to be located between the primary facade and the abutting street, to permit 100% of the required parking area to be permitted between the primary facade and the Collier Boulevard road frontage. The landscape buffer adjacent to Collier Boulevardthe public roadways shall be enhanced with 16-foot tall canopy tree clusters, and palm tree clusters, as identified in deviation Exhibit G, and as described in Exhibit F, Item 2.EB.1. The developer shall provide a covered pedestrian walkway as described in Subsection 2.E.2. of Exhibit F--of this Ordinance. 92. Fences and Walls. The developer requests a deviation from LDC Subsection 5.03.02.€ H, which requires placement of a concrete or masonry wall between non-residential and residential development, to permit the Tamiami Crossing CPUD to provide type B buffer, without a masonry wall where the project abuts residentially-zoned property in two areas of the site. 3. Project Signage. The developer requests a deviation from LDC Section 5.06.04.F.3, Directory Signs, which allows one directory sign, containing a minimum of 4 panels and a maximum of 8 panels for one single entrance on each public street to allow one directory sign containing a minimum of 4 panels and a maximum of 8 panels at each project entrance, for a maximum of two directory signs on U.S. 41 and a sin_gle directory sign up to 150 sq. ft. on Collier Boulevard. Words struelfriliFeugh are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 9 of 13 CAOPage 865 of 1035 EXHIBIT F FOR TAMIAMI CROSSING CPUD LIST OF DEVELOPER COMMITMENTS 1. Regulations for development of the Tamiami Crossing CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. 2. Any commitments made by the developer will be added to this exhibit as they are made during the review and approval process. A. PUD MASTER PLANS 1. Exhibit "C 1" and Exhibit "C 2" depict the-conceptual master plans for 2. Exhibit "C 1", "Conceptual Master Plan "A", Large Format Retailer" platting or SDP approval. Subject to the provisions of the LDC, amendments may be made from time to time. a. The Building setback shall be a ratio of 2 feet vertical to 1 foot d landscape buffer along US 41 shall be increased with tree and shrub material as depicted in Exhibit"G". commitments in Exhibit"F", Item G. 3. Exhibit "C 2", Conceptual Master Plan "B" illustrates the proposed conceptual in nature. Proposed area, lot or land-use boundaries or special time to time. utilities and all common areas in the project. B. WATER MANAGEMENT Words struelc-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 10 of 13 CAO Page 866 of 1035 1. A copy of the South Florida Water Management District (SFWMD) surface water permit application shall be sent to Collier County Development Services Staff with the final plat or SDP submittal. 2. A copy of the SFWMD surface water permit shall be submitted to Collier County prior to final SDP or final plat approval. 3. The stormwater management control elevation discharge shall be 1.9 feet C. UTILITIES 1. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances and ether applicable County rules and fegulations. 2. Except on an interim basis for structures such as sales/construction trailer:, and models, the project shall be required to hook up to and utilize public DA. TRANSPORTATION 1. The Conceptual Master Plans "A" and `B" depicts two one potential vehicular and pedestrian interconnections with the adjacent property to the south. The developer shall assure that these this interconnections accommodates the perpetual use of such access by incorporating the appropriate language into the applicable development covenants, and SDP or plat. EB. PLANNING 1. Enhanced Landscape Buffer along the Collier Boulevard and Tamiami Trail frontages. The 20-foot Type 'Co Buffer shall be enhanced with additional palm trees provided at a ratio of 3 palms per 60 linear feet. The required canopy trees shall be a minimum of 16-feet tall at the time of planting and shall be staggered in clusters 20 feet on center. Clusters of 3 palms between required canopy tree clusters shall be planted no more than 8 feet on center. The palms shall be 12-foot to 18-foot staggered heights. The distance between required canopy tree clusters and palm clusters shall be no more than 30 feet apart. All required plants shall be native species. The enhanced landscape buffers are depicted on Exhibit G. 2. The developer shall provide a covered pedestrian walkway over the longest landscape island (which island is depicted on Exhibit C 1, the Conceptual Master Plan) running from the parking area of the project to the main entrance of the building on Tract C. The walkway shall be a minimum of eight feet in wider with the covering to be a minimum of Words k-thFough are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 11 of 13 C AO Page 867 of 1035 twelve feet at its peak. The covered walkway may be in the form of a EC. ENVIRONMENTAL 1. A minimum of 3.43 acres (22.89 x .15 = 3.43) of native vegetation shall be preserved in accordance with the LDC. 1. An analysis demonstrating that post development pollutant loading will be the Harvey Harper methodology shall be completed and submitted for review and approval at the time of site development plan review. G. ARCHITECTURE 1. The theme for all buildings in the center for Conceptual Master Plans "A" and "B" shown in Exhibit C 1 and C 2, shall be "Old Flerida Style" or"Florida Cracker Style". 2. The large format retailer building in Exhibit C I, Conceptual Master Plan A", shall comply with the additional following commitments: a. The Building height of any building er portions of buildings within 200 feet of the US 11 right of way Ii-ne, excluding any tower element, hall be reduced to a maximum zoned height of 29 feet(or a maximum actual height of 32 feet). The-tower element(a) shall be a maximum zoned height of 35 feet, with a maximum actual height of 38 feet. 1. Buildings or portions of buildings beyond-200 feet from the US 41 right-of way shall not exceed the iaximum heights listed in Exhibit B, Table 1. format retailer building. Words struek-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 12 of 13 CA(. Page 868 of 1035 a1U,I.,.. .,al. 9,'- gIglit ! I1IN1. E _ (Cq 1 i",\/ do r ( NA AV f,;. \/ p. ter,7 1 1 g as N -m z 7,s' ww tizi 4 gl ific.) acl 0 :z) frillW .1 1.4 4W N paEil .4±1 ....4 cv g r4 W A N U aid! a o N I Jol fli 14 1--4k0 I I 0 laa 41IAti o WHImy_ if-) f---*; 12i d ai a. i) ii\ • c4c.) i 1 IN rel cl lip 4 1 is 1 ! "1Is A 0 y e)Page 869 of 1035 40 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State February 13, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-14, which was filed in this office on February 12, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us Page 870 of 1035 EXHIBIT D FOR TAMIAMI CROSSING CPUD LEGAL DESCRIPTION The subject property being 25.4402± acres is located in Section 3, Township 51 South, Range 26 East, and is more fully described as follows: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT "O.S. 3" OF TRAIL RIDGE, THROUGH 77 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°55'57" WEST, ALONG THE NORTH LINE OF SAID TRACT 0.5. 3", FOR A DISTANCE OF 683.32 FEET TO THE NORTH-EA-ST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3620 AT PAGES 2872 THROUGH 2876 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH t - el.! _ - e • ' e • e • - _ • e ' - • _ e ' • " " e _ . ! ' • THENCE RUN NORTH 89°55'57" WEST, ALONG SAI-I3 NORTH LINE, FOR A DISTANCE OF 196.99 FEET TO THE NORTHERLYMOSTWESTERLY CORNER OF SAID TRACT "C"; 1' '" • -. • * • - - P. • • C", FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 90900'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "C", FOR A DISTANCE OF 100.09 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD #951 (RIGHT OF-WAY VARIES); THENCE RUN NORTH 02°30'29" EAST, ALONG SAID EAST RIGHT OF WAY LINE, FOR A DISTANCE OF 140.20 FEET; THENCE RUN NORTH 04°12'04" EAST, e • - - • `- - • - ' HT OF WAY LINE, FOR A DISTANCE 0E-64078-5—FEET; 0 - :004 ' •" - . - ! ' • . • • - e - ;.4.;; - _ - RUN NORTH 15°42'49" WEST FOR A DISTANCE OF 320.11 FEET; THENCE RUN NORTH 35°39'44" EAST FOR A DISTANCE OF 200.00 FEET TO A POINT ON THE SOUTHERLY OF WAY); THENCE RUN SOUTH 51°20'16" EAST, ALONG SAID SOUTHERLY RIGHT TRAIL RIDGE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA'1k O . . - ! - - - • : FLORIDA; THENCE RUN NORTH 54°20'16" WEST, ALONG THE NORTHERLY LINE OF OF THE PARCEL OF LAND HEREIN DESCRIB-ED, CONTAINING 25.151 ACRES, MORE OR LESS. COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 90 (TAMIAMI TRAIL) WITH THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 951 AS SHOWN ON FDOT RIGHT-OF-WAY MAP DATED 3/18/87 AND HAVING A SECTION NUMBER OF 03030-2511; THENCE ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 90, SOUTH 54°21'45" EAST Words s.ti-uelf-through are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 7 of 13 CAC) Page 871 of 1035 305.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE S 54°21'45" E 1,927.32 FEET TO A POINT ON THE EAST LINE OF THOSE LANDS RECORDED IN OFFICIAL RECORDS BOOK 3860, PAGE 2805 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST LINE SOUTH 35°38'15" WEST, A DISTANCE OF 400.00 FEET TO A POINT ON THE BOUNDARY OF TRAIL RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 44, PAGES 71-77 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING SIX (6) COURSES AND DISTANCES; NORTH 54°21'45" WEST, A DISTANCE OF 855.70 FEET; THENCE NORTH 89°57'26" WEST, A DISTANCE OF 683.33 FEET; THENCE SOUTH 00° 02' 32" WEST, A DISTANCE OF 200.05 FEET; THENCE NORTH 89°57' 26" WEST, A DISTANCE OF 196.99 FEET; THENCE SOUTH 02°29'01" WEST, A DISTANCE OF 100.09 FEET; THENCE SOUTH 89°58'31" WEST, A DISTANCE OF 100.09 TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLLIER BOULEVARD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 02°29'01" EAST, A DISTANCE OF 98. 67 FEET TO A POINT ON THE BOUNDARY OF PARCEL 102FEE1 AS RECORDED IN OFFICIAL RECORDS BOOK 4892, PAGE 1638 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES; SOUTH 87°23'44" EAST, A DISTANCE OF 6.16 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE NORTHERLY 102.90 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 01°53'52", CHORD BEARING NORTH 08°30'53" EAST, A DISTANCE OF 102.90 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT, THE SAME BEING A POINT ON THE BOUNDARY OF PARCEL 102FEE2 OF SAID OFFICIAL RECORDS BOOK 4892, PAGE 1638; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING FOUR (4) COURSES AND DISTANCES; NORTHERLY 12.14 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,106.77 FEET, A CENTRAL ANGLE OF 00°13'26", (CHORD BEARING NORTH 09°34'31" EAST, A DISTANCE OF 12.14 FEET) TO A POINT ON A NON TANGENTIAL CURVE TO THE LEFT; THENCE NORTHERLY 452.43 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 3,961.00 FEET, A CENTRAL ANGLE OF 06°32'40", (CHORD BEARING NORTH 06° 24'55" EAST, A DISTANCE OF 452.18 FEET); THENCE NORTH 07°54' 29" EAST, A DISTANCE OF 112.52 FEET; THENCE NORTH 05°32'33" EAST, A DISTANCE OF 6.21 FEET TO A POINT ON THE NORTH LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 801 OF SAID PUBLIC RECORDS; THENCE ALONG SAID NORTH LINE SOUTH 89°43'43" EAST, A DISTANCE OF 223.28 FEET TO A POINT ON THE BOUNDARY OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4167, PAGE 805 OF SAID PUBLIC RECORDS; THENCE ALONG SAID BOUNDARY FOR THE REMAINING COURSES AND DISTANCES BACK TO THE POINT OF BEGINNING; NORTH 15°44'18" WEST, A DISTANCE OF 320.41 FEET; THENCE NORTH 35° 38'15" EAST, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. CONTAINING 25.02 ACRES, MORE OR LESS. Words struck are deleted;words underlined are added. Tamiami Crossing CPUD Revised 12/18/2014 Page 8of13 CAOPage 872 of 1035 Page 873 of 1035 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., March 26, 2026, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. CUD-PL20250014954 – REQUEST FOR A DETERMINATION THAT A LIQUOR STORE (SIC 5921) IS COMPARABLE AND COMPATIBLE IN NATURE TO OTHER PERMITTED USES IN EXHIBIT A, SECTION I.A, OF THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ADOPTED BY ORDINANCE NUMBER 08-50, AS AMENDED. THE SUBJECT CPUD COMPRISES 13030, 13050, 13080, AND 13100 TAMIAMI TRAIL EAST AND 6662 COLLIER BOULEVARD, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. Page 874 of 1035 As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events after the agenda is posted on the County website. Registration should be done in advance of t he public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@collier.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 875 of 1035 3/26/2026 Item # 3.G ID# 2026-599 PETITION NO. PL20250004529 BD - 167 East Hilo Street - Echeverria Dock - Request for a 36-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 56 feet into a waterway that is 527 to 719 feet wide, pursuant to LDC Section 5.03.06.H for property located at 167 East Hilo Street and further described as Lot 408, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District 1 ATTACHMENTS: 1. Staff Report 03092026 2. Attachment A - Site and Dock Plans 1-5-26 3. Attachment B- Boundary Survey 4. Attachment C - Building Permit 79-583 5. Attachment D - Applicant's Backup, Application and Supporting Documents 6. Attachment E - CESD20250004763, Case Summary 7. Attachment F - Objection Letter - Charvat - 161 E Hilo St 8. Attachment G - No Objections inventory 07032025 9. Attachment H - Public Hearing Sign Posting Statement, 03112026 10. Attachment I - Publication Confirmation Page 876 of 1035 BD-PL20250004529, 167 E Hilo St Page 1 of 10 03/09/2026 STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 26, 2026 SUBJECT: BD-PL20250004529, 167 EAST HILO STREET – ECHEVERRIA DOCK ____________________________________________________________________________ PROPERTY OWNER/APPLICANT: AGENT: Angela B. Echeverria Nick Pearson 167 E Hilo St Bayshore Marine Consulting, LLC Naples, FL 34113 2025 Monroe Ave. Naples, FL 34112 REQUESTED ACTION: The petitioner requests a 36-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 greater than 100 feet in width, to allow a boat docking facility that will protrude a total of 56 feet into a waterway that is 527 to 719 feet wide, pursuant to LDC Section 5.03.06.H. GEOGRAPHIC LOCATION: The subject property is located at 167 East Hilo Street, also known as Lot 408, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (see Attachment A for full legal description and location map on the following page). Property ID No. 52400640005. PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.2 acres, located in a Residential Single-Family-4 (RSF-4) Zoning District. The 119-foot shoreline consists of a seawall configuration with a rip-rap toe for support. The applicant’s agent contends that the existing dock facility is legal nonconforming as it was permitted and constructed in 1979 using Building Permit No. 79-583. Staff was able to obtain a copy of the permit and finds that it was issued for a roof over an existing dock; essentially, it was for a boathouse. Plans provided with that permit are, for the most part, consistent with the existing dock facility. (Continued on Page 5) Page 877 of 1035 BD-PL20250004529, 167 E Hilo St Page 2 of 10 03/09/2026 Page 878 of 1035 BD-PL20250004529, 167 E Hilo St Page 3 of 10 03/09/2026 SURROUNDING LAND USE & ZONING: North: Single-family residence located within an RSF-4 Zoning District East: Snook Bay, within an Agricultural-Special Treatment Overlay (A-ST), then a marina in with A-ST zoning South: Single-family residence within an RSF-4 Zoning District West: East Hilo Street (cul-de-sac, Right-of-Way), then single-family residences located within an RSF-4 Zoning District Aerial (Collier County GIS) Page 879 of 1035 BD-PL20250004529, 167 E Hilo St Page 4 of 10 03/09/2026 Aerial (Collier County GIS) Collier County Property Appraiser- -2025 Page 880 of 1035 BD-PL20250004529, 167 E Hilo St Page 5 of 10 03/09/2026 PURPOSE/DESCRIPTION OF PROJECT (Continued from Page 1) LDC Section 9.03.03.B.2.a states: Docks and boathouses are not subject to the provisions of Section (B)(2) above. Docks and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock or boathouse will expand or alter the original nonconforming facility with regard to deck area, protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of destruction or repairs performed. The determination of legal nonconforming status will be established by presentation of a signed, sealed survey, a copy of the Property Appraiser’s record, or other dated photography or documentation showing that the facility existed in its present location and configuration prior to 1990. An expansion of the facility, no matter how insignificant, will void legal nonconforming status and require strict compliance to the Code. Staff was inclined to accept that the existing dock facility was indeed legal nonconforming based upon the building permit plans referenced above; however, staff received a letter from the neighbor to the north alleging numerous Code violations. This information was turned over to the Code Enforcement Department for investigation. The letter itself is attached herewith as Attachment F. The alleged violations were investigated as Case No. CESD20250004763, see Attachment E. It is also important to note that the applicant’s agent was initially seeking approval for a 3-slip dock facility; however, the owner has since acquiesced. Staff also took the position that inclusion of the floating dock would result in additional dock area, which would cause the existing dock facility to lose any legal nonconforming status it may have. With the reduction to two slips and removal of the floating dock, staff are convinced that the subject dock facility is indeed legal nonconforming. The applicant now desires to construct a single boatlift on the north side of the existing legal nonconforming dock facility for the mooring of a 32-foot vessel with outboard engines that will protrude further than the most waterward portion of the fixed dock. It has been determined that the property line is landward of the seawall and is therefore the most restrictive point for the measurement of protrusion. As the dock facility is shore parallel, it should not have any impact of the neighbors on either side. The minimum 15-foot side/riparian setback will be respected on both sides of the dock facility. 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 an ST overlay zone (Snook Bay), which will require an ST-permit for the proposed docking facilities prior to issuance of the building permits. The proposed docking facilities will be constructed waterward of the existing sea walled shoreline. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found Paddle Grass to be within the 200-foot area of the submerged resource survey, but the grasses are roughly 56 feet from the proposed dock, so no impacts are expected. SRS Report sheet 9 of 9 provides an aerial showing the setbacks to the Paddle Grass. 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. Page 881 of 1035 BD-PL20250004529, 167 E Hilo St Page 6 of 10 03/09/2026 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 a residential single-family zoning district; the proposed docking facility comprises a finger pier with two boatlifts/slips. 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: “Protrusion at this site is measured from the property line, which falls near the back side of the seawall. At the seawall, depths at this site average 2.5’ at low tide. And at a distance of 20’ from the rear property line depths at low tide average approximately 4.5’. The depth in the center of this area would then reasonably be an average of about 3.5’. Note that while we are speaking in averages for the same of simplicity, in reality, the average depths are not the most limiting. The most limiting depths are the shallow spots between the average depths. For example, while the average depth might be 3.5’, there may be shallow spots reaching to 3.0’. The largest boat proposed under this petition is a 40’ LOA yellowfin, which has a beam of 10’ and drafts approximately 2.5’ to 3’ depending on the loading at any given time. If the boatlift’s cradle and bunks are considered, which add an additional 10’ each to the required depth, then the unexpected depth needed at low tide would be approximately (conservatively) 2.5’ plus 20’, which would be about 50’ or just over 4’. It is reasonable then to assume that this vessel would have difficulties getting on and off a lift at the average low tide if it were oriented in a shore parallel configuration within 20’ of the property line as the typical county LDC requires. This is because the most landward part of the lift cradle in this scenario would be located only about 8’ from the seawall, where the average depth is between 3’ and 3.5’.” Zoning staff concurs. Page 882 of 1035 BD-PL20250004529, 167 E Hilo St Page 7 of 10 03/09/2026 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: “There is a marked channel existing adjacent to the proposed project. However, the proposed structure should not cause any impacts to navigation within the channel, as can be seen on exhibit sheet 08 of 09. The proposed lift structure with vessel protrudes the same or less distance into the channel than existing structures on site and on neighboring properties. 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 met. The applicant’s agent states: “Depending on where measurements are taken to and from at this site, the width of the waterway is approximately 527’ or 719’ wide, as can be seen on exhibit sheet 09 of 09. The proposed protrusion for this project will be 56’ from the property line, which will meet the 25% protrusion limit and which will maintain 50% of the width of the waterway, no matter which waterway width location is used.” 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” portion of this project consists solely of a boat lift adjacent to an existing dock where ingress and egress has always been in a shore-normal configuration. The dock has been functioning this way for nearly 50 years with no known issues posed to public navigation. The angle of ingress for the new slip is also in a shore normal configuration, which is also away from the neighbors. The neighborhood to the north who is closest to the proposed lift has similar shore-normal slip configuration. The neighbor to the south should not be affected by the slip at all, as it is not in any close proximity to their dock. Our opinion is that the proposed structure will continue to not interfere with any neighboring docks.” Zoning staff concurs. 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 met. The applicant’s agent states: “The riparian area of the subject property is located within the Rookery Bay Aquatic Preserve. The existing dock and boathouse on site Page 883 of 1035 BD-PL20250004529, 167 E Hilo St Page 8 of 10 03/09/2026 have been grandfathered into the state’s aquatic preserve regulations (outlined in Chapter 18-20 F.A.C.) in addition to county code, as have many of the other existing docks in isle of Capri, which includes both of the neighboring docks to the subject property, Alteration of the aerial footprint of the existing structure would require bringing the entire dock into current code which would include (but is not limited to) restrictions such as: limiting overall protrusion to 20 to 25’ from shore. Overall decking would need to be drastically reduced, and any access walkways would need to be limited to 4’ width. Basically, an entire re-design of the dock would be required. The only way to maintain the current configuration is to construct a lift within a location that the state would consider an existing slip, which would be considered an allowable improvement for grandfathered structures. The location where the lift is proposed is the only viable option.” Staff concurs that the above constitutes a special condition and therefore concurs with the applicant’s agent. 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 project as proposed would not add any decking to the existing dock facility. It will in fact reduce the amount of decking from the existing dock. Only a boat lift is proposed to be added. However, we acknowledge that this petition brings scrutiny to the rest of the existing facility as part of the review process. The proposed (existing) dock facility’s decking will consist of (2) 4’ wide finger pier accesses (both reduced from 5’ wide) that stretch the length of the 2 shore-normal slips, and an existing 8’ x 21’ (168 sq. ft.) terminal platform that protrudes from the end of the south finger pier. The dock itself will have only 539 square feet of decked area. The remainder of the total 1,156 square feet listed in the notes section of plan sheet 04 of 09 is comprised of roof area from the boathouse. The 539 square feet of decking is a modest amount considering its use for storage of fishing equipment, a dock box, cleaning station, and non-motorized craft by the riparian owner. Furthermore, numerous other docks in the area have a similar scale of decking, including both abutting neighbors. We therefore believe that this square footage is not excessive. The proposed facility will utilize only a single 4-foot-wide access, and the terminal platform is a 5-foot-wide by 32-foot-long area of decking totaling 160 square feet. The total square footage for the dock will be 396 square feet. The square footage is substantially less than many of the surrounding docks and is, in our opinion, not excessive.” Zoning 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 not met. The subject property has 119 feet of waterfrontage, and the proposed vessels will be cumulatively 72 feet, which exceeds the threshold. Page 884 of 1035 BD-PL20250004529, 167 E Hilo St Page 9 of 10 03/09/2026 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 dock and boathouse facility at the subject property has, as previously stated, existed for nearly 50 years in its current state. The only addition being proposed as part of this petition consists of a boat lift in an existing slip, which would serve to change the view only by raising the moored boat inside the slip out of the water. This is a minor and even inconsequential change in terms of the use of the property, especially considering that the only thing that the boat would be blocking is the view of another larger boat inside the boathouse that is also on a lift. Also pertinent is that a 24’ side setback is being provided, which is 9’ larger than the 15’ required by county code), and which is significantly larger than is provided by the dock of the direct abutting neighbor, who is providing only a 13’ side setback. Additionally, for a number of years the slip in which the lift is proposed was utilized by a larger vessel than this petition is proposing. And to reiterate, the proposed dock configuration will be oriented in the same direction as the neighboring structure and occurs entirely within the riparian lines and side setbacks of the applicant’s property. Lastly, and perhaps most importantly, a large number of neighbors and residents on Isle of Capri have signed letters of no objection to the project as proposed. Therefore, we do not believe that the proposed project will cause any major impacts to the views of the neighbors.” Zoning 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 applicant’s agent states: “There are seagrass beds present within a 200’ area surrounding the subject property. However, all of these grasses are located far enough away so that no reconfiguration of the proposed project will not be necessary per LDC subsection 5.03.06(J). No impacts to seagrasses are expected as a result of the proposed project, as can be seen on exhibit sheet 07 of 09.” Zoning staff concurs. 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. 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 that the subject BDE petition satisfies five of the five Primary Criteria and four of the six Secondary Criteria, with the sixth criterion being not applicable. CONCURRENT LAND USE APPLICATIONS: • None at this time. Page 885 of 1035 BD-PL20250004529, 167 E Hilo St Page 10 of 10 03/09/2026 APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: 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-PL20250004529, to allow a boat docking facility that will protrude up to 56 feet into the waterway as depicted within attachment A. Attachments: A. Site and Dock Plans B. Boundary Survey C. Building Permit 79-583 D. Applicant’s Backup; application and supporting documents E. Code Enforcement Case Summary – CESD20250004763 F. Objection Letters G. Letters of No Objection H. Public Hearing Sign Posting I. Publication Confirmation Page 886 of 1035 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 25.9813414LONGITUDE:W -81.7256788SITE ADDRESS:167 E. HILO ST.NAPLES, FL 34113CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg LOCATION MAP 1/5/2026SHEET NO.:COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:52400640005SECTION:32TOWNSHIP:51 SCOUNTY:COLLIERRANGE:26 EISLE OF CAPRIECHEVERRIA DOCKLOCATION MAPN.S.P.250201 OF 0906-25-25MARCO ISALNDPage 887 of 1035 4.2'6.7'>9'2.7'4.5'5.4'7.8'9.2'6.0'3.8'7.2'6.1'6.3'6.7'6.2'2.6'4.5'2.8'2.3'5.5'RIPARIAN LINE AND 15'C.C. RIPARIAN SETBACKPROPERTYBOUNDARYSCALE IN FEET10050250C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg EXISTING CONDITIONS 1/5/2026NESW·APPLICANT OWNED SHORELINE:·APPRX. EXISTING OVERWATER STRUCTURE:·WIDTH OF WATERWAY:NOTES:·APPRX. EXISTING MAX. PROTRUSION:ECHEVERRIA DOCKEXISTING CONDITIONSCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250202 OF 0906-25-2548'1,156 SQ. FT.119'834'HILO ST. ERIPARIAN LINEAND 15' RIPARIANSETBACKSEAWALLDEPTHS ATMLWSITE ADDRESS:NAPLES, FL 34113167 E. HILO ST.110'95'119'66'EXISTINGGRANDFATHEREDDOCK ANDBOATHOUSE4 8 'NAVIGATIONMARKER BUOY25' STATE SETBACKPage 888 of 1035 ·APPLICANT OWNED SHORELINE:·APPRX. EXISTING OVERWATER STRUCTURE:·WIDTH OF WATERWAY:NOTES:·APPRX. EXISTING MAX. PROTRUSION:ECHEVERRIA DOCKEXISTING CONDITIONSCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250203 OF 0906-25-2548'1,156 SQ. FT.119'834'SEAWALL875 SQ. FT.BOATHOUSESITE ADDRESS:NAPLES, FL 34113167 E. HILO ST.RIPARIAN LINE AND 15' C.C.RIPARIAN SETBACKSCALE IN FEET201050C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg EXISTING CONDITIONS (2) 1/5/2026NESW15'44'6'39'22'21'8'17'29'11'28'23'685 SQ. FT.DOCK24'4.2'6.7'2.7'4.5'5.4'7.8'7.2'6.3'6.7'6.2'2.6'4.5'5.5'PROPERTYLINE25' STATE SETBACK4 3 ' 4 8 'Page 889 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026AA05PROPERTYBOUNDARYSCALE IN FEET4020100C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg PROPOSED DOCK 1/5/2026NESW·APPLICANT OWNED SHORELINE:·WIDTH OF WATERWAY:NOTES:·PROPOSED OVERWATER STRUCTURE:·PROPOSED PROTRUSION FROM PROPERTY LINE:EXISTING DOCKTO BE REDUCEDTO 539 SQ. FT.15' RIPARIANSETBACKECHEVERRIA DOCKPROPOSED PROJECTCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250204 OF 0906-25-2556'834'119'1,156 SQ. FT.RIPARIAN LINE,15' C.C. AND 25'STATE RIPARIANSETBACKB B 0 6 DEPTHS ATMLW22'39'4'21'8'44'32' LOA40' LOA875 SQ. FT.BOATHOUSETO REMAIN15'5 6 ' M A X . P R O T R U S I O N124.2'6.7'2.7'4.5'5.4'7.8'9.2'7.2'6.1'6.3'6.7'6.2'2.6'4.5'5.5'29'4'PROPOSEDBOATLIFT12.5'25'TYPICAL 20' PROTRUSIONLIMIT PER COUNTY CODESLIP #4 3 'Page 890 of 1035 4.5'7.8'5.4'2.7'9.2'PROPOSEDBOAT LIFTMHWL +0.42' NAVDMLWL -1.63' NAVDFRAMINGSCALE IN FEET16840C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg CROSS SECTION AA 1/5/2026DOCK PILEDECKINGECHEVERRIA DOCKCROSS SECTION AACREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250205 OF 0906-25-2556' OF PROTRUSION FROM PROPERTY LINE,MEASURED ON ANGLEEXISTINGSEAWALLDEPTHSAT MLW32' LOA44' EXISTING FINGER PIER, ON ANGLEEXISTING BOATHOUSE ROOF(PILES AND VESSEL NOT SHOWN)39'15'STANDARD 20'PROTRUSIONLIMIT3.5'20'BOAT HOUSE ROOF TO BE OFSAME MATERIAL AND COLOR ASPRINCIPLE STRUCTURE OR OF APALM FROND CHICKEE STYLEPage 891 of 1035 MHWL +0.7' NAVDMLWL -1.8' NAVDDOCK FRAMINGALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET201050C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg CROSS SECTION BB 1/5/2026DOCK PILESDECKINGECHEVERRIA DOCKCROSS SECTION BBCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250206 OF 0906-25-25DEPTHS VARY,NTS25'12.5'4'14'21'23'RIPARIANBOUNDARY4'61' TORIPARIAN LINEBOATHOUSEROOF15' SIDESETBACK15'10'15'BOAT HOUSE ROOF TO BE OF SAMEMATERIAL AND COLOR AS PRINCIPLESTRUCTURE OR OF A PALM FRONDCHICKEE STYLEPage 892 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026PROPOSED DOCK AND LIFT(NO SEAGRASS IMPACTSPROPOSED)ECHEVERRIA DOCKSUBMERGED RESOURCE SURVEYCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250207 OF 0905-25-25PROPERTYBOUNDARYSCALE IN FEET10050250C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg SRS 1/5/2026NESWPADDLE GRASSH. DECIPIENSAVG. COVERAGE: 80%56'200'20 0 '10'TYPICAL SRSTRANSECT65'Page 893 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026PROPOSEDDOCK ANDBOATLIFTECHEVERRIA DOCKSURROUNDING WATERWAYCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250208 OF 0905-25-25PROPERTYBOUNDARYSCALE IN FEET10050250C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg WATERWAY 1 1/5/2026NESW115'85'86'87'*DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORAPPARENT CHANNELBOUNDARY BASED ONMARKERSCHANNEL MARKER BUOY25'14'60'16'RIPARIAN LINERIPARIAN LINEPage 894 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026ECHEVERRIA DOCKSURROUNDING WATERWAYCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250209 OF 0905-25-25143'SUBJECTPROPERTYBOUNDARYSCALE IN FEET300150750C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg WATERWAY 2 1/5/2026NESW*DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERROR527' 71 9 '27'40 ' 44 ' 1 90 ' 15 5 ' 30'24'5 6 'CHANNEL MARKERAPPARENT CHANNELBOUNDARY BASED ONMARKERS182'51 4 '85'Page 895 of 1035 John PacettiDigitally signed by John Pacetti Date: 2025.09.05 06:19:43 -04'00'Page 896 of 1035 Page 897 of 1035 Page 898 of 1035 Page 899 of 1035 Page 900 of 1035 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 Page 901 of 1035 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. ________________________________________ ____________________ Signature of Agent Representative Date ________________________________________ Printed Name of Signing Agent Representative Nicholas Pearson 2/26/26 Page 902 of 1035 Application Form Page 903 of 1035 THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE APPLICANT INFORMATION PROPERTY LOCATION Section/Township/Range: / / Subdivision: Property I.D. Number: Lot: Block: Address/ General Location of Subject Property: Current Zoning and Land use of Subject Property: Boat Dock Facility Extension OR Boathouse Establishment Petition Land Development Code Section 5.03.06 Chapter 3 B of the Administrative Code State: Name of Property Owner(s): Name of Applicant if different than owner: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: City:City: State:State: ZIP:ZIP: Cell:Cell: City:City: ZIP:ZIP: Cell:Cell: Unit: Page 904 of 1035 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N S E W DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): SITE INFORMATION ft. Measurement from: plat survey ft. other (specify) Provided: ft. Required: ft. ft. 1.ft. 2.ft. 4.Total Protrusion of Proposed Facility into Water: visual estimate 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: 5.Number and Lengths of Vessels to Use Facitlity: 1.Water Width: 2.Total Property Water Frontage: 3.Setbacks: Page 905 of 1035 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.) DOCK EXTENSION 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.) 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.) 9. Official Interpretations or Zoning Verifications: 8. 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 Page 906 of 1035 BOATHOUSE CRITERIA 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. DOCK EXTENSION 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.) 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.) 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 ve 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 gratest extent practical. Page 907 of 1035 ASSOCIATIONS Complete the following for all registered Home Owner / 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. City: State: ZIP: City: State: ZIP: City: State: ZIP: City:State: ZIP: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City:State: ZIP: Page 908 of 1035 Pre-Application Meeting and Final Submittal Requirement Checklist for: Dock Extension Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Property Ownership Disclosure Form Signed and sealed survey Chart of site waterway 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. Affidavit of Authorization, signed and notarized Completed Addressing Checklist 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 909 of 1035 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) Fire Planning Review fee: $100.00 *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 Signature of Petitioner or Agent Date 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. Printed Name Page 910 of 1035 Narrative Statement Page 911 of 1035 BAYSHORE MARINE CONSULTING, LLC www.Bayshore-Marine.com ● NICK@BAYSHOREMARINECONSULTING.COM ● 239-404-7982 Page 1 of 2 Echeverria BDE Petition #PL20250004529 – 167 E. Hilo St. Narrative Description of Project Narrative description of project: (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The property at 167 E. Hilo St., owned by Angla Echeverria since May of 2023, is a pie-shaped lot located within the isle of capri subdivision of Naples. The lot is found within Section 32, Township 51 S, and Range 26 E of Collier County and can be identified by PID #52400640005. The approximate depth of the lot ranges from 95’ along the north side lot line to 110’ along the south side lot line. The rear property line, which coincides with the lot’s riparian frontage, is approximately 119’ in length. The lot’s zoning is presently RSF- 4 and the use is consistent, as the lot contains a single-family residence. Additionally, all surrounding lots have the same zoning and use associated with them, with exception to the waters, which are zoned as ST for Special Treatment. The shoreline at the subject property consists of a seawall configuration with a rip rap toe functioning as support. There is an existing dock facility at the site, which since its original construction in 1979, has consisted of the current dock design and boathouse. That is to say, the dock and boathouse have collectively remained unchanged since the original construction and have respectively consisted of 685 square feet of decked area, and a roof area of 875 square feet. Factoring for overlap of the roof with decked area, the net overwater area for the entire dock facility is 1,156 square feet, and the total protrusion is approximately 48’ from the property line which appears to be the most restrictive point to measure protrusion from at this site per Chapter 5.03.06 C. of the Collier County Land Development Code. It is important to note for the sake of clarity that while the existing facility appears to have been properly permitted under Collier County building permit #79-583, the constructed (existing) configuration deviates from the permitted design. Specifically, the original permit allowed for a shore-perpendicular dock and boathouse that protrudes 34’ from an apparently straight seawall. In reality, the boathouse was constructed on an angle from the seawall, which is of a curved configuration and not straight. The resulting protrusion as measured is, as a result, significantly larger than the original permit allowed for (approximately 48’ as built versus 34’ as permitted). As-built surveys were not required at the time, and it doesn’t appear that any non-compliance was flagged relating to the structure, despite the relatively significant difference between the permitted and as-built designs. However, the approvals sought under this petition would rectify any previous deviations that could possibly be considered not legal. For the sake of the remainder of this petition, the existing structure as originally constructed (and as it exists today) is used in reference to the existing conditions of the site. And the original permit configuration is largely not referenced. We propose to construct a single boatlift on the north side of the existing dock facility. Construction of the lift as planned will increase the maximum protrusion of the whole facility to 56’ as measured from the property line. No new decking is proposed as part of this project. And in fact, the dock itself will be reduced to 539 square feet of decked area. With the roof, the total overwater area will remain at approximately 1,156 square feet. Required riparian side setbacks for this site are 15’ per county code. The provided side setback will be approximately 24’. The boatlift proposed under this petition cannot be relocated to another part of the dock, and as such has been located as-proposed very specifically for a number of reasons. First and foremost, the dock facility as it exists is considered a grandfathered structure with regards to state regulations, specifically pertaining to Page 912 of 1035 Page 2 of 2 the Rooker Bay Aquatic Preserve. This means that alterations (expansion or reconfiguration) to the dock largely cannot occur without bringing the rest of the facility into compliance with aquatic preserve regulations in chapter 18-20 F.A.C. Doing this would incur significant and undesirable changes to the rest of the dock facility and would be much more costly than the project as-proposed. Not altering the dock’s decking footprint leaves essentially only 2 spaces for a second lift to be installed at this existing dock: the inside of the dock on the south side of the property, or the north side of the dock (as proposed). The south location is difficult because the adjacent decking would provide only 17’ of space to access the starboard side of a moored boat. Since the applicant would be mooring a 32’ LOA vessel at this locations, this would basically ensure that loading and unloading would need to be done over the bow of the boat, and also that the engines would not be able to be accessed from the dock. Both of these factors are highly undesirable. The North slip location does not face either of these issues, has access to deeper water, and is located in a space that has been utilized previously for mooring. Moreover, state and federal approvals for this proposed design have already been obtained. Therefore, we have concluded that the north side of the existing dock is the best location for the lift to be placed. It is important to note also that regulations associated with state-owned submerged lands in chapter 18-21 F.A.C. dictate that a 25’ side setback must be provided by any hardened structure included in the proposed project, which would include the lift and associated piles. Due to the pie-shaped space between the 25’ side setback and the existing dock, it is necessary to push the proposed lift backwards within the slip somewhat more than would otherwise be necessary, which accounts for the additional protrusion that is being requested beyond the end of the adjacent finger pier. Installation of the lift is proposed only so that the applicant’s vessel can be kept out of the water to avoid fouling. No additional decked area is proposed as part of this petition. Furthermore, the use of the facility as a private structure for 2 vessels is otherwise not changing from the existing structure. The added protrusion to the facility will not impact navigation or the adjacent channel. All structures proposed would be located entirely within the applicant’s riparian area, and provide a significantly larger setback than required by county code (15’). Furthermore, both abutting neighbors as well as many other non-abutting neighbors in the vicinity also have legally non-conforming grandfathered docks and boathouses which exceed the usual 20’of protrusion and/or are located closer to the common riparian lines than the required side setbacks under the L.D.C. Therefore, we believe that neither views nor navigation should be majorly affected from any neighbor in any direction. Lastly, there are seagrasses growing nearby the project site, as can be observed in the enclosed submerged resource survey. However, they are located far enough away so as to not be affected by the project as proposed, and so resource impacts can be avoided by the project. For the reasons listed above, we believe that this BDE would therefore allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water-based recreational activities while also maintaining the ability to safely ingress and egress with the applicant’s vessels. Page 913 of 1035 Property Information Page 914 of 1035 Page 915 of 1035 Warranty Deed Page 916 of 1035 Page 917 of 1035 Page 918 of 1035 Property Plat Page 919 of 1035 Page 920 of 1035 Ownership Disclosure Form Page 921 of 1035 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 922 of 1035 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 923 of 1035 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 924 of 1035 Affidavit of Authorization Page 925 of 1035 Page 926 of 1035 Petition Exhibits Page 927 of 1035 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 25.9813414LONGITUDE:W -81.7256788SITE ADDRESS:167 E. HILO ST.NAPLES, FL 34113CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg LOCATION MAP 1/5/2026SHEET NO.:COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:52400640005SECTION:32TOWNSHIP:51 SCOUNTY:COLLIERRANGE:26 EISLE OF CAPRIECHEVERRIA DOCKLOCATION MAPN.S.P.250201 OF 0906-25-25MARCO ISALNDPage 928 of 1035 4.2'6.7'>9'2.7'4.5'5.4'7.8'9.2'6.0'3.8'7.2'6.1'6.3'6.7'6.2'2.6'4.5'2.8'2.3'5.5'RIPARIAN LINE AND 15'C.C. RIPARIAN SETBACKPROPERTYBOUNDARYSCALE IN FEET10050250C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg EXISTING CONDITIONS 1/5/2026NESW·APPLICANT OWNED SHORELINE:·APPRX. EXISTING OVERWATER STRUCTURE:·WIDTH OF WATERWAY:NOTES:·APPRX. EXISTING MAX. PROTRUSION:ECHEVERRIA DOCKEXISTING CONDITIONSCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250202 OF 0906-25-2548'1,156 SQ. FT.119'834'HILO ST. ERIPARIAN LINEAND 15' RIPARIANSETBACKSEAWALLDEPTHS ATMLWSITE ADDRESS:NAPLES, FL 34113167 E. HILO ST.110'95'119'66'EXISTINGGRANDFATHEREDDOCK ANDBOATHOUSE4 8 'NAVIGATIONMARKER BUOY25' STATE SETBACKPage 929 of 1035 ·APPLICANT OWNED SHORELINE:·APPRX. EXISTING OVERWATER STRUCTURE:·WIDTH OF WATERWAY:NOTES:·APPRX. EXISTING MAX. PROTRUSION:ECHEVERRIA DOCKEXISTING CONDITIONSCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250203 OF 0906-25-2548'1,156 SQ. FT.119'834'SEAWALL875 SQ. FT.BOATHOUSESITE ADDRESS:NAPLES, FL 34113167 E. HILO ST.RIPARIAN LINE AND 15' C.C.RIPARIAN SETBACKSCALE IN FEET201050C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg EXISTING CONDITIONS (2) 1/5/2026NESW15'44'6'39'22'21'8'17'29'11'28'23'685 SQ. FT.DOCK24'4.2'6.7'2.7'4.5'5.4'7.8'7.2'6.3'6.7'6.2'2.6'4.5'5.5'PROPERTYLINE25' STATE SETBACK4 3 ' 4 8 'Page 930 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026AA05PROPERTYBOUNDARYSCALE IN FEET4020100C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg PROPOSED DOCK 1/5/2026NESW·APPLICANT OWNED SHORELINE:·WIDTH OF WATERWAY:NOTES:·PROPOSED OVERWATER STRUCTURE:·PROPOSED PROTRUSION FROM PROPERTY LINE:EXISTING DOCKTO BE REDUCEDTO 539 SQ. FT.15' RIPARIANSETBACKECHEVERRIA DOCKPROPOSED PROJECTCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250204 OF 0906-25-2556'834'119'1,156 SQ. FT.RIPARIAN LINE,15' C.C. AND 25'STATE RIPARIANSETBACKB B 0 6 DEPTHS ATMLW22'39'4'21'8'44'32' LOA40' LOA875 SQ. FT.BOATHOUSETO REMAIN15'5 6 ' M A X . P R O T R U S I O N124.2'6.7'2.7'4.5'5.4'7.8'9.2'7.2'6.1'6.3'6.7'6.2'2.6'4.5'5.5'29'4'PROPOSEDBOATLIFT12.5'25'TYPICAL 20' PROTRUSIONLIMIT PER COUNTY CODESLIP #4 3 'Page 931 of 1035 4.5'7.8'5.4'2.7'9.2'PROPOSEDBOAT LIFTMHWL +0.42' NAVDMLWL -1.63' NAVDFRAMINGSCALE IN FEET16840C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg CROSS SECTION AA 1/5/2026DOCK PILEDECKINGECHEVERRIA DOCKCROSS SECTION AACREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250205 OF 0906-25-2556' OF PROTRUSION FROM PROPERTY LINE,MEASURED ON ANGLEEXISTINGSEAWALLDEPTHSAT MLW32' LOA44' EXISTING FINGER PIER, ON ANGLEEXISTING BOATHOUSE ROOF(PILES AND VESSEL NOT SHOWN)39'15'STANDARD 20'PROTRUSIONLIMIT3.5'20'BOAT HOUSE ROOF TO BE OFSAME MATERIAL AND COLOR ASPRINCIPLE STRUCTURE OR OF APALM FROND CHICKEE STYLEPage 932 of 1035 MHWL +0.7' NAVDMLWL -1.8' NAVDDOCK FRAMINGALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET201050C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg CROSS SECTION BB 1/5/2026DOCK PILESDECKINGECHEVERRIA DOCKCROSS SECTION BBCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250206 OF 0906-25-25DEPTHS VARY,NTS25'12.5'4'14'21'23'RIPARIANBOUNDARY4'61' TORIPARIAN LINEBOATHOUSEROOF15' SIDESETBACK15'10'15'BOAT HOUSE ROOF TO BE OF SAMEMATERIAL AND COLOR AS PRINCIPLESTRUCTURE OR OF A PALM FRONDCHICKEE STYLEPage 933 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026PROPOSED DOCK AND LIFT(NO SEAGRASS IMPACTSPROPOSED)ECHEVERRIA DOCKSUBMERGED RESOURCE SURVEYCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250207 OF 0905-25-25PROPERTYBOUNDARYSCALE IN FEET10050250C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg SRS 1/5/2026NESWPADDLE GRASSH. DECIPIENSAVG. COVERAGE: 80%56'200'20 0 '10'TYPICAL SRSTRANSECT65'Page 934 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026PROPOSEDDOCK ANDBOATLIFTECHEVERRIA DOCKSURROUNDING WATERWAYCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250208 OF 0905-25-25PROPERTYBOUNDARYSCALE IN FEET10050250C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg WATERWAY 1 1/5/2026NESW115'85'86'87'*DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORAPPARENT CHANNELBOUNDARY BASED ONMARKERSCHANNEL MARKER BUOY25'14'60'16'RIPARIAN LINERIPARIAN LINEPage 935 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg 1/5/2026ECHEVERRIA DOCKSURROUNDING WATERWAYCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250209 OF 0905-25-25143'SUBJECTPROPERTYBOUNDARYSCALE IN FEET300150750C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\BDE set.dwg WATERWAY 2 1/5/2026NESW*DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERROR527' 71 9 '27'40 ' 44 ' 1 90 ' 15 5 ' 30'24'5 6 'CHANNEL MARKERAPPARENT CHANNELBOUNDARY BASED ONMARKERS182'51 4 '85'Page 936 of 1035 Primary Criteria Page 937 of 1035 Page 1 of 2 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 RSF-4 for Residential Single-Family. The lot’s current use is single-family residential, which warrants no more than 2 slips per the current CC-LDC. The dock as proposed will provide mooring for 2 vessels. This criteria is therefore 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.) Protrusion at this site is measured from the property line, which falls near the back side of the seawall. At the seawall, depths at this site average 2.5’ at low tide. And at a distance of 20’ from the rear property line, depths at low tide average approximately 4.5’. The depth in the center of this area would then reasonably be an average of about 3.5’. Note that while we are speaking in averages for the sake of simplicity, in reality the average depths are not the most limiting. The most limiting depths are the shallow spots between the average depths. For example, while the average depth might be 3.5’, there may be shallow spots reaching to 3.0’. The largest boat proposed under this petition is a 40’ LOA yellowfin, which has a beam of 10’ and drafts approximately 2.5’ to 3’ depending on the loading at any given time. If the boatlift’s cradle and bunks are considered, which add an additional 10” each to the required depth, then the expected depth needed at low tide would be approximately (conservatively) 2.5’ plus 20”, which would be about 50” or just over 4’. It is reasonable then to assume that this vessel would have difficulties getting on and off a lift at the average low tide if it were oriented in a shore-parallel configuration within 20’ of the property line as the typical county L.D.C. requires. This is because the most landward part of the lift cradle in this scenario would be located only about 8’ from the seawall, where the average depth is between 3’ and 3.5’. This criteria is therefore met. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within any 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.) There is a marked channel existing adjacent to the proposed project. However, the proposed structure should not cause any impacts to navigation within the channel, as can be seen on exhibit sheet 08 of 09. The proposed lift structure with vessel protrudes the same or less distance into the channel than existing structures on site and on neighboring properties. This criteria is therefore met. 4. Whether or not 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 Page 938 of 1035 Page 2 of 2 facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Depending on where measurements are taken to and from at this site, the width of waterway is approximately 527’ or 719’ wide, as can be seen on exhibit sheet 09 of 09. The proposed protrusion for this project will be 56’ from the property line which will meet the 25% protrusion limit and which will maintain 50% of the width of waterway no matter which waterway width location is used. This criteria is therefore 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” portion of this project consists solely of a boat lift adjacent to an existing dock where ingress and egress has always been in a shore-normal configuration. The dock has been functioning this way for nearly 50 years with no known issues posed to public navigation. The angle of ingress for the new slip is also in a shore normal configuration, which is also away from the neighbors. The neighbor to the north who is closest to the proposed lift has a similar shore-normal slip configuration. The neighbor to the south should not be affected by the slip at all, as it is not in any close proximity to their dock. Our opinion is that the proposed structure will continue to not interfere with any neighboring docks. And this criteria is therefore met. Page 939 of 1035 Secondary Criteria Page 940 of 1035 Page 1 of 2 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 riparian area of the subject property is located within the Rookery Bay Aquatic preserve. The existing dock and boathouse on site have been grandfathered into the state’s aquatic preserve regulations (outlined in Chapter 18-20 F.A.C.) in addition to county code, as have many of the other existing docks in isle of Capri, which includes both of the neighboring docks to the subject property. Alteration of the aerial footprint of the existing structure would require bringing the entire dock into current code which would include (but is not limited to) restrictions such as: limiting overall protrusion to 20 to 25’ from shore. Overall decking would need to be drastically reduced, and any access walkways would need to be limited to 4’ width. Basically, an entire re-design of the dock would be required. The only way to maintain the current configuration is to construct a lift within a location that the state would consider an existing slip, which would be considered an allowable improvement for grandfathered structures. The location where the lift is proposed is the only viable option. This criteria is therefore 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 project as proposed would not add any decking to the existing dock facility. It will in fact reduce the amount of decking from the existing dock. Only a boat lift is proposed to be added. However, we acknowledge that this petition brings scrutiny to the rest of the existing facility as part of the review process. The proposed (existing) dock facility’s decking will consist of (2) 4’ wide finger pier accesses (both reduced from 5’ wide) that stretch the length of the 2 shore-normal slips, and an existing 8’ x 21’ (168 sq. ft.) terminal platform that protrudes from the end of the south finger. The dock itself will have only 539 square feet of decked area. The remainder of the total 1,156 square feet listed in the notes section of plan sheet 04 of 09 is comprised of roof area from the boathouse. The 539 square feet of decking is a modest amount considering its use for storage of fishing equipment, a dock box, cleaning station, and non-motorized craft by the riparian owner. Furthermore, numerous other docks in the area have a similar scale of decking, including both abutting neighbors. We therefore believe that this square footage is not excessive, and that this criteria is therefore 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 applicant’s length of shoreline is 119’, and the proposed vessels will be cumulatively 72’. This criteria is therefore 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.) The dock and boathouse facility at the subject property has, as previously stated, existed for nearly 50 years in its current state. The only addition being proposed as part of this petition consists of a boat lift in an existing slip, which would serve to change the view only by raising the moored boat inside the slip out of the water. This is a minor and even inconsequential change in terms of the use of the property especially considering that the only thing that the boat would be blocking is the view of another larger boat inside the Page 941 of 1035 Page 2 of 2 boathouse that is also on a lift. Also pertinent is that a 24’ side setback is being provided, which is 9’ larger than the 15’ required by county code), and which is significantly larger than is provided by the dock of the direct abutting neighbor, whom is providing only a 13’ side setback. Additionally, for a number of years the slip in which the lift is proposed was utilized by a larger vessel than this petition is proposing. And to reiterate, the proposed dock configuration will be oriented in the same direction as the neighboring structure and occurs entirely within the riparian lines and side setbacks of the applicant’s property. Lastly, and perhaps most importantly, a large number of neighbors and residents on isle of Capri have signed letters of no objection to the project as proposed. Therefore, we do not believe that the proposed project will cause any major impacts to the views of the neighbors and that this criteria is therefore 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 J must be demonstrated.) There are seagrass beds present within a 200’ area surrounding the subject property. However, all of these grasses are located far enough away so that reconfiguration of the proposed project will not be necessary per LDC subsection 5.03.06(J). No impacts to seagrasses are expected as a result of the proposed project as can be seen on exhibit sheet 07 of 09. This criteria is therefore 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.) Section 5.03.06 of Collier County’s Land Development Code (LDC) stipulates that “multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection plan (MPP)”. The proposed project is for a private, recreational 3-slip dock associated with a single-family residential lot. The proposed facility does not have more than 10 slips and so is not subject to review for consistency with Collier County’s MPP. This criteria is therefore not applicable per county staff’s usual interpretation of the LDC. Page 942 of 1035 Boundary Survey Page 943 of 1035 Page 944 of 1035 Submerged Resource Survey Page 945 of 1035 SUBMERGED RESOURCE SURVEY REPORT MAY 2025 167 E. HILO ST. NAPLES, FL 34113 FOLIO #52400640005 Page 946 of 1035 167 E. Hilo St. Submerged Resource Survey May 2025 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 167 E. Hilo St. in Naples, FL 34113. The site is located within Section 32, Township 51 S, and Range 26 E of Collier County and can be identified by folio #52400640005. 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 an approximately 0.2-acre parcel that can be found on an inner- bay of the isle of Capri subdivision. The property currently contains a single-family residence with approximately 119’ linear feet of seawall shoreline. The parcel is neighbored on all sides by other single-family residences, with the exception of the north east, which lies the waters of Snook Bay. The SRS was conducted on May 27th, 2025, between approximately 1:00 p.m. and 3:00 p.m. Site conditions consisted of partially cloudy skies with mild winds. Water clarity was fair for the area, allowing for submerged visibility of approximately 3 to 4 feet. The ambient air temperature was approximately 93 degrees Fahrenheit and wind speeds averaged 10 to 15 mph from the south. The average ambient water temperature was approximately 83 degrees Fahrenheit. Low tide occurred prior to the site visit at approximately 7:29 a.m. and reached approximately 1.3 feet above the Mean Low-Water Line. High tide was achieved during the site visit at approximately 1:17 p.m., reaching approximately 3.3 feet above the Mean Low Water Mark. And Low tide occurred again following the site visit at approximately 8:34 pm reaching 0.9’ below 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 a 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 947 of 1035 167 E. Hilo St. Submerged Resource Survey May 2025 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 exhibits. 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 a coarse sand and silty muck material with scattered shell debris. Depths increased gradually with distance from the shoreline from approximately 2 to more than 9 feet. The shoreline and immediate riparian area of the subject property were void of resources including seagrasses, mangroves, and shellfish. Further from the project site, and what can most closely be described as the far side of the navigable channel from the project site, 1 species of seagrass was observed in abundance: paddle grass (H. decipiens). Coverage was more or less continuous and consisted of a density of approximately 80%. 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 Mangrove snapper Lutjanus griseus Atlantic sheepshead Archosargus probatocephalus Gaftopsail catfish Bagre Marinus Bottlenose Dolphin Tursiops truncatus Eastern oyster Crassostrea virginica Common barnacle Balanus sp. Paddle grass Halophila decipiens Feather algae Caulerpa sp. Hair algae unidentified 5 DISCUSSION Resources observed during this submerged resource survey consisted of only one species of seagrass: paddle grass. All seagrass coverage observed during the survey was located far enough away from the subject property that it would remain unaffected by any type of construction occurring within the immediate vicinity of the existing dock on site. Furthermore, Collier County’s Page 948 of 1035 167 E. Hilo St. Submerged Resource Survey May 2025 3 L.D.C. stipulates that dock and marine construction must stay 10 feet from any submerged resources, or else the construction work must comply with Section 5.03.06(J). Seagrasses observed within the survey are over 50 feet away from any structures at the subject property, and so impacts to seagrasses are not expected as the result of a project at the subject property. Additionally, adherence to the aforementioned L.D.C. subsection should not be necessary either. 6 CONCLUSION The submerged resource survey was conducted and completed throughout the riparian area of the subject property and yielded some results. Paddle grass was observed during the survey in relatively high density, but it is located far enough away to be inconsequential to any proposed projects at the subject property. Therefore, impacts to seagrasses are not expected as the result of any project at this site. Page 949 of 1035 167 E. Hilo St. Submerged Resource Survey May 2025 4 7 PHOTOS Photo 1: Riparian area and existing dock at the subject property. Photo 2: Survey area and riparian area of the subject property. Page 950 of 1035 167 E. Hilo St. Submerged Resource Survey May 2025 5 Photo 3: Typical consistency of benthic substrate immediately surrounding subject property. Photo 4: Paddle grass (H. decipiens) observed across the channel from the subject property. Page 951 of 1035 NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 25.9813414LONGITUDE:W -81.7256788SITE ADDRESS:167 E. HILO ST.NAPLES, FL 34113CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\SRS set.dwg LOCATION MAP 6/26/2025SHEET NO.:COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:52400640005SECTION:32TOWNSHIP:51 SCOUNTY:COLLIERRANGE:26 EISLE OF CAPRIECHEVERRIA DOCKLOCATION MAPN.S.P.250201 OF 0306-26-25MARCO ISALNDPage 952 of 1035 PROPERTYBOUNDARYSCALE IN FEET6030150C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\SRS set.dwg EXISTING CONDITIONS 6/26/2025NESW·APPLICANT OWNED SHORELINE:·APPRX. EXISTING OVERWATER STRUCTURE:·WIDTH OF WATERWAY:NOTES:·APPRX. EXISTING MAX. PROTRUSION:ECHEVERRIA DOCKEXISTING CONDITIONSCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250202 OF 0306-26-2548'1,456 SQ. FT.119'834'HILO ST. ESEAWALLSITE ADDRESS:NAPLES, FL 34113167 E. HILO ST.110'95'119'66'EXISTING DOCKAND BOATHOUSENAVIGATIONMARKER BUOYRIPARIANLINERIPARIANLINEPage 953 of 1035 C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\SRS set.dwg 6/26/2025ECHEVERRIA DOCKSUBMERGED RESOURCE SURVEYCREATED:JOB NO.:DESIGNED:SHEET NO.:N.S.P.250203 OF 0306-26-25PROPERTYBOUNDARYSCALE IN FEET10050250C:\Bayshore Marine Consulting\2502 - K&C, Echeverria, 167 E Hilo St\CAD\CC\SRS set.dwg SRS 6/26/2025NESWPADDLE GRASSH. DECIPIENSAVG. COVERAGE: 80%56'200'20 0 '10'TYPICAL SRSTRANSECT67'57'Page 954 of 1035 Historical Aerial Imagery Page 955 of 1035 1980 Page 956 of 1035 Historical Records Page 957 of 1035 Page 958 of 1035 Page 959 of 1035 Page 960 of 1035 Page 961 of 1035 Page 962 of 1035 Page 963 of 1035 Page 964 of 1035 Page 965 of 1035 Report Title: Date: Code Case Details 9/4/2025 4:09:41 PM Case Number:CESD20250004763 Case Information CESD20250004763Case Number: Case Type: Priority: Site Development Normal Inspector: Jurisdiction: Origin: Ryan.Kitts Collier County Code Enforcement Public Portal Detail Description:I live at 161 E. Hilo St and my neighbor resides at 167 E Hilo St and they have had a commercial crab boat parked on the side of their boat dock for 10 days. This is a commercial fishing charter that I don’t believe is owned by them (regardless if it is or isn’t), it’s a residential area and I don’t believe this is allowed. In addition, they have two other boats on their property, which makes it appear to be a marina, in a residential area. One of the two boats is on a floating dock, which I also don’t believe is allowed for boat storage. I’d like this investigated as soon as possible. Thank you Diane Charvat 330-888-2575 Location Comments:167 E Hilo St Back yard on water ClosedStatus: Date & Time Entered: Entered By: 4/22/2025 1:50:21 PM webAnonymousUser Case Disposition:Voluntary Compliance Address 167 E Hilo ST, Naples Property 52400640005 Address Location Complainant Diane Charvat Property Owner ECHEVERRIA, ANGELA B Contacts 1Business Management & Budget Office Page 966 of 1035 Execution Date 9/4/2025 4:09:41 PMCode Case Details Investigations Desc Assigned Required Completed Outcome Comments Addressing Review Adam.Farina 4/22/2025 4/23/2025 Complete Verify Complainant Ryan.Kitts 4/23/2025 4/23/2025 Verified KittsRyan 04/23/2025 9:33 AM - Spoke by phone with the complainant, Diane Charvat, at (330) 888-2575. Ms. Charvat confirmed the presence of a commercial fishing vessel, along with at least two additional boats, moored at the respondent’s boat dock. A formal investigation will be required to determine compliance with applicable zoning and code regulations. CE Staff Review Adam.Farina 4/23/2025 4/23/2025 Complete Complainant: Diane Charvat, Address:161 E Hilo St, Phone:(330) 888-2575 \AF CE Case Research Ryan.Kitts 4/23/2025 4/23/2025 Complete KittsRyan 04/23/2025 9:37 AM - Cityview research shows no prior cases for this property. Initial Inspection Ryan.Kitts 4/24/2025 4/24/2025 Incomplete KittsRyan 04/24/2025 3:20 PM - During an initial inspection of the property, I met with the property owner, Ms. Angela Echeverria, upon arrival. I informed her of a complaint received regarding the presence of a commercial fishing boat in a residential neighborhood and concerns that the number of boats on the property may give the appearance of a marina. I requested that Ms. Echeverria sign an Entry Consent Form to allow access to the rear of the property for documentation purposes. She agreed, and the signed consent form has been uploaded to the Documents and Images section of the case file. Upon inspection, I observed three boats located at the rear of the property: Two boats were moored at the dock/boathouse. One boat was situated on a covered boat lift. Photographs of all vessels were taken and added to the case file. I inquired about the use of the larger fishing vessel, and Ms. Echeverria stated that the boat belongs to a friend and is not used for commercial purposes, but solely for personal recreational fishing. I informed Ms. Echeverria that I would review the information obtained during the inspection and conduct further investigation as needed. She will be notified of any findings or potential code violations based on that review. Attach Picture(s)Ryan.Kitts 4/24/2025 4/24/2025 Complete 2Business Management & Budget Office Page 967 of 1035 Execution Date 9/4/2025 4:09:41 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Phone Call Ryan.Kitts 4/30/2025 4/30/2025 Complete KittsRyan 04/30/2025 11:38 AM - On 4/29/2025 I contacted Queen Conch Charter and spoke with the owner, Mr. Christopher Agin, at (239) 823-4071. Mr. Agin informed me that he sold the vessel to an individual named Danny and provided me with Danny’s contact information. I subsequently contacted the new vessel owner, Danny, at (239) 451-8067 to discuss the current use of the boat. Danny stated that the vessel has not been used for commercial fishing purposes for over six months; however, it remains registered as a commercial fishing vessel. I advised him that the vessel may not be stored at a residential dock while it is registered commercially. Danny acknowledged this and stated he would arrange to have the vessel removed from the property. CE Phone Call Ryan.Kitts 5/14/2025 5/14/2025 Complete KittsRyan 05/14/2025 10:07 AM - On 5/12/2025 I received a phone call from Chris Echeverria the property owner. He stated the boat have been removed from the property and I can come and take photos to close the case. I informed him I would make an inspection on Wednesday 5/14/2025. Initial Inspection Follow-up Ryan.Kitts 5/14/2025 5/15/2025 Corrective Action Taken KittsRyan 05/15/2025 9:43 AM - Conducted a site visit for a follow-up inspection. The commercial vessel has been removed from the property. The violation has been abated. Case closure is recommended. Enter Case Disposition Ryan.Kitts 5/15/2025 5/15/2025 Complete Verify Conditions & Close Case Adam.Collier 5/15/2025 5/16/2025 Rejected CE Staff Review Ryan.Kitts 5/16/2025 5/16/2025 Complete Hey Ryan, the initial complaint includes a concern about the floating Dock. We need to open an SD case and follow up on the dock. Note the new case number in this case and resubmit to be closed. Located approved plans in permit PRMAR20231252294 which do include the floating dock. Initial Inspection Follow-up Ryan.Kitts 5/16/2025 5/16/2025 Corrective Action Taken KittsRyan 05/16/2025 11:59 AM - Added approved plans from Permit PRMAR20231252294 to documents and images that include the floating dock. Enter Case Disposition Ryan.Kitts 5/16/2025 5/16/2025 Complete Verify Conditions & Close Case Adam.Collier 5/16/2025 5/23/2025 Rejected 3Business Management & Budget Office Page 968 of 1035 Execution Date 9/4/2025 4:09:41 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review Ryan.Kitts 5/27/2025 5/29/2025 Complete KittsRyan 05/29/2025 7:22 AM - During my review of Marine Permit PRMAR20231252294, I mistakenly interpreted the approved plans and incorrectly believed they included a floating dock. Upon further inspection, I have confirmed that no floating dock was approved under this permit. On May 28, 2025, I conducted a site visit to discuss the matter with the property owner, Chris. I informed him that retaining the existing dock in its current form would require a permit. Chris inquired whether removing the support poles and securing the dock only by tying it to the main dock would qualify it as a floating dock, thereby not requiring a permit. I advised him that I would consult with the Building Department to obtain a formal determination. I will follow up with him regarding the outcome of that determination on Friday, May 30, 2025. CE Staff Review Ryan.Kitts 6/6/2025 6/6/2025 Complete On May 30, 2025, I spoke with Deputy Building Official Doug Sposito regarding the floating dock. He confirmed that a permit is not required for the removal of the poles from the floating dock or for securing the dock to existing cleats using rope. He clarified that true floating docks, which are not affixed to the ground beneath the water, do not require a permit when attached to a permitted dock via dock cleats. Initial Inspection Follow-up Ryan.Kitts 6/20/2025 6/20/2025 Incomplete KittsRyan 06/20/2025 9:05 AM - Conducted a site visit to follow up on the directive from the Deputy Building Official regarding the removal of poles from the floating dock. The purpose of the visit was to verify whether the required modifications had been completed. I knocked on the front door, but there was no response and it appeared that no one was home at the time. I left my business card along with an orange notification tag at the front door, requesting that the property owners contact me as soon as possible to schedule an inspection to confirm the poles have been removed and that the dock now functions as a true floating structure. Initial Inspection Follow-up Ryan.Kitts 7/2/2025 7/2/2025 Violation(s) Found Violation remains, Notice of Violation to be issued. Attach Picture(s)Ryan.Kitts 7/2/2025 7/2/2025 Complete Record Violations Ryan.Kitts 7/2/2025 7/2/2025 Complete Generate Notice of Violation Ryan.Kitts 7/2/2025 7/2/2025 Complete Personal Service Attempt Ryan.Kitts 7/2/2025 7/2/2025 Incomplete Post Property Ryan.Kitts 7/2/2025 7/2/2025 Complete 4Business Management & Budget Office Page 969 of 1035 Execution Date 9/4/2025 4:09:41 PMCode Case Details Desc Assigned Required Completed Outcome Comments CE Staff Review Donna.Gentsc h 7/3/2025 7/17/2025 Complete Attached CESD20250004763 AOP dg CE Staff Review Donna.Gentsc h 7/3/2025 7/17/2025 Complete Attached CESD20250004763 AOM dg Update Picture(s)Ryan.Kitts 7/3/2025 7/3/2025 Complete Enter Case Disposition Ryan.Kitts 7/3/2025 7/3/2025 Complete Verify Conditions & Close Case Adam.Collier 7/3/2025 7/3/2025 Complete CE Mailing Donna.Gentsc h 7/3/2025 7/3/2025 Complete Please notarize and attach AOP, mail and cert mail NOV. Thank you. Mailed NOV reg & cert 9589 0710 5270 2893 7313 41 dg CESD20250004763 NOV RK ECHEVERRIA, ANGELA B 167 E HILO ST NAPLES, FL 34113 Post Courthouse Ryan.Kitts 7/3/2025 7/3/2025 Complete CE Staff Review Donna.Gentsc h 7/15/2025 7/15/2025 Complete Green card NOV received 7/14/25 9589 0710 5270 2893 7313 41 Re-Inspection Ryan.Kitts 8/4/2025 7/3/2025 Compliant KittsRyan 07/03/2025 1:50 PM - On July 2, 2025, I received a phone call from the property owner, Chris, advising that he had completed the removal of the poles that were previously anchored to the seabed and used to secure the floating dock. I informed him that I would conduct a site visit on July 3, 2025, to verify compliance. Today, at approximately 1:00 PM, I conducted the site visit and met with Chris at the property. Upon inspection, I confirmed that the poles have been removed. The floating dock is now properly secured only by rope to the main dock, as determined by Deputy Building Official Doug Sposito. The violation has been abated. I recommend case closure at this time. Violations Violation Description Status Entered Corrected Amount Comments Building Permit LDC Corrected 7/2/2025 7/3/2025 $0 Unpermitted floating dock. Improvement Prior to Building Permit Corrected 7/2/2025 7/3/2025 $0 Hearings Title Reason Result Compliance Fine/Day Condition 5Business Management & Budget Office Page 970 of 1035 1 John Kelly From:Diane Charvat <dcharvat44202@outlook.com> Sent:Wednesday, April 23, 2025 2:31 PM To:John Kelly Subject:167 East Hilo St/Project #PL20250004529 Follow Up Flag:Follow up Flag Status:Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Dear Mr. Kelly- I was provided your name by Parker at the county zoning department, relating to questions we have regarding parcel #52400640005/project# PL20250004529. We reside at 161 E. Hilo St, which is adjacent to the subject property/parcel. We were asked via text message 2/13 by the resident, Angela Echeverria, to sign a FDEP Setback- Waiver to allow them to install a new lift to the west side of their existing boathouse/structure, to accommodate a 32-36’ boat they intend on purchasing. This will be the residents 3rd boat (4th, if you include the existing crab boat they have parked there currently) on their property, with one being in the boathouse, the 2nd being in front of their home on a floating dock, and the 3rd intended to be on the newly installed lift. The installation of the new lift is not permitted/acceptable per the FDEP, as it requires a 25ft set-back from our riparian line, and the residents only have 19ft. We have since notified the resident that we are not comfortable signing the waiver as we believe this new lift, with a boat installed, will change and negatively impact our existing views, which was the selling point when we purchased the home in 2023. We contacted the FDEP 4/18 to better understand the requirement and confirm that installation of the lift, without our execution of the waiver, would be a violation per the FDEP. I am aware that A. Echeverria has applied for a permit with Collier County to install such lift and that there is a pre-trial hearing 5/6 at 3:00pm. I was also told that as the residents to the adjacent lot, we would have the opportunity to attend any hearing, post the pre-trial hearing, to voice our concerns with this installation. I’m hoping you can confirm that is accurate information and we would have that opportunity. I do want to bring to light several items that may or may not be relevant as this permit is considered by the county. Page 971 of 1035 2  Since we have informed A. Echeverria of our right to not sign the waiver, they have since parked a large commercial charter crab boat at their house where the new lift is intended to be installed (making this the 3rd boat on the property, and the new lift, if approved, would make it the 4th boat). I don’t believe this is acceptable as it’s a commercial crab boat and this is a residential property and I do not believe they own the boat. We’ve since filed a code violation with the county to have the proper department research, simply mentioning to you for background.  A. Echeverria recently tore down and built a new dock that was just completed late 2024. I mention this as I believe she would have had the opportunity to modify the structure of that new dock (via a variance with the county) prior to installation to allow for installation of the new lift on the east side of the property, in front of her house/view. She has quite a large/open water area directly behind her home that would allow for placement of the new lift, but I understand she likely doesn’t want to impede her view, and prefers it be squeezed in between her existing dock and our dock, despite it not complying with the FDEP. The staff at the county office were extremely helpful when we were there 4/18 and they suggested that we reach out to you directly for further assistance/details. I appreciate your time in reviewing this information as this project is being considered by the county. I can be reached directly at 330-888-2575. Diane and Dennis Charvat Page 972 of 1035 No-Objection letters - as of 7/3/25 Address Name 1 139 E. Hilo St. Jeff Allen Smith 2 168 E. Hilo St. Craig Braun 3 109 E. Pago Pago Dr. Craig Braun 4 121 E. Pago Pago Dr. Christine Caplinger 5 409 Cristobal St. Mary Ann Boerner 6 159 Pago Pago Dr. W Michael Fitzsimmons 7 29 Pelican St. E Scott Duford 8 112 Trinidad St. Pam & Lee Vinal 9 406 Cristobal St. Beau Middlebrook 10 406 Cristobal St. Evelim Middlebrook 11 155 E. Hilo St. Ken Wood 12 123 San Salvador St. Dan Keegan 13 123 San Salvador St. Gail Keegan 14 104 W. Pago Pago Dr. Debbie Cooper 15 104 W. Pago Pago Dr. Mike Cooper 16 145 E. Pago Pago Dr. Daniel Griffin 17 99 Dolphin Cir. Jerilyn Jurewicz 18 99 Dolphin Cir. John Jurewicz 19 225 Capri Blvd. Mike Fitzsimmons 20 101 San Salvador Arizone Keegan 21 205 La Peninsula Blvd.Linda J. Wegerski 22 66 Dolphin Cir.Thomas Schofield 23 301 La Peninsula Blvd. Robert Bernard 24 180 Trinidad St.James Rodnrud 25 404 Samar Ave. Shawn Lynch 26 404 Samar Ave. Jeri Lynch 27 404 Panay Ave.Lori Johnson 28 404 Panay Ave.Scott Johnson 29 138 Capri Blvd. John Pipitone 30 138 Capri Blvd. Gina Pipitone 31 138 Capri Blvd. Lori Tinney 32 138 Capri Blvd. Brian Tinney 33 402 San Juan Blvd. Clarence Fleck 34 402 San Juan Blvd. Susan Fleck 35 24 Pelican St. W Bart McFarland 36 24 Pelican St. W Pam McFarland 37 131 Jamaica Dr.Charles Shelton 38 101 San Salvadore St. Tyler Keegan 39 129 W. Pago Pago Dr. Connie Sofo-Koelsch 40 408 La Peninsula Blvd. Kim Apuzzo 41 151 San Salvador St. Patricia Fowle 42 123 Tahitit Cir. Terry Volney 43 123 Tahitit Cir. Phyllis Merenda 44 11 E. Pelican St. Margot Puleri 45 11 E. Pelican St. Charles Puleri 46 140 Trinidad St. Kim Apuzzo 47 112 Tahiti St. Kim Apuzzo 48 243 La Peninsula Blvd. Joann Morgan 49 420 San Juan Ave. Barbara Schmidt 50 193 Tahiti Cir. Andrew Naeckel 51 20 E. Pelican St. Jerry Wright 52 407 San Juan Ave. Elizabeth Stivers 53 34 Dolphin Cir. Vincent Napoleon 54 34 Dolphin Cir. Caren Mikesh 55 38 Dolphin Cir. Paul Shumaker 56 160 Capri Blvd. Stephen Cooper 57 403 Panay Ave.George Caster 58 112 San Salvador St. Justin Cady Page 973 of 1035 Page 974 of 1035 Page 975 of 1035 Page 976 of 1035 Page 977 of 1035 Page 978 of 1035 Page 979 of 1035 Page 980 of 1035 Page 981 of 1035 Page 982 of 1035 Page 983 of 1035 Page 984 of 1035 Page 985 of 1035 Page 986 of 1035 Page 987 of 1035 Page 988 of 1035 Page 989 of 1035 Page 990 of 1035 Page 991 of 1035 Page 992 of 1035 Page 993 of 1035 Page 994 of 1035 Page 995 of 1035 Page 996 of 1035 Page 997 of 1035 Page 998 of 1035 Page 999 of 1035 Page 1000 of 1035 Page 1001 of 1035 Page 1002 of 1035 Page 1003 of 1035 Page 1004 of 1035 Page 1005 of 1035 Page 1006 of 1035 Page 1007 of 1035 Page 1008 of 1035 Page 1009 of 1035 Page 1010 of 1035 Page 1011 of 1035 Page 1012 of 1035 Page 1013 of 1035 Page 1014 of 1035 Page 1015 of 1035 Page 1016 of 1035 Page 1017 of 1035 Page 1018 of 1035 Page 1019 of 1035 Page 1020 of 1035 Page 1021 of 1035 Page 1022 of 1035 Page 1023 of 1035 Page 1024 of 1035 Page 1025 of 1035 Page 1026 of 1035 Page 1027 of 1035 Page 1028 of 1035 Page 1029 of 1035 Page 1030 of 1035 1 John Kelly From:John Kelly Sent:Wednesday, March 11, 2026 3:39 PM To:John Kelly Subject:BD-PL20250004529 - 167 E Hilo St - Public Hearing Sign Posting, 03112026 Attachments:Photo 1.jpg; Photo 2.jpg I, John Kelly, personally posted a Public Hearing sign for the March 26, 2026, meeting of the Hearing Examiner to the front of the subject property, immediately adjacent to the public right-of-way, at approximately 2:10 P.M. this date, as evidenced by the 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 1031 of 1035 Page 1032 of 1035 Page 1033 of 1035 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., March 26, 2026, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples, FL 34104, to consider: PETITION NO. BDE-PL20250004529 – REQUEST FOR A 36-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 56 FEET INTO A WATERWAY THAT IS 527 TO 719 FEET WIDE, PURSUANT TO LDC SECTION 5.03.06.H FOR PROPERTY LOCATED AT 167 EAST HILO STREET AND FURTHER DESCRIBED AS LOT 408, ISLES OF CAPRI NO. 2, IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL 34104. Page 1034 of 1035 As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advise d that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.collier.gov/Calendar-Events-directory events after the agenda is posted on the County website. Registration should be done in advance of t he public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@collier.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 1035 of 1035