HEX Final Decision #2026-24 INSTR 6815010 OR 6579 PG 197
RECORDED 4/23/2026 1.57 PM PAGES 17
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$146.00
HEX NO. 2026-24
HEARING EXAMINER DECISION
DATE OF HEARING.
March 26, 2026
PETITION.
Petition No. PDI-PL20250005556 -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.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests an insubstantial change(PDI)to the Pelican Marsh 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.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Neighborhood Information Meeting (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
Page 1 of 6
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.
5. The public hearing was conducted in the following manner: the County Staff presented the
Petition followed by the Petitioner and/or Petitioner's representative,public comment and then
rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing.
6. The Hearing Examiner disclosed reviewing the entire record for the petition and having no ex
parte communications.
7. The residential unit in the subject club house is legally permitted for residential use but there
is no need for a manager or caretaker to live there. The Association has rented it resulting in
a code citation. Clarification of the PUD for that space would resolve the legal issue before
the County code enforcement department.
8. The County's Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2 lists the
criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner
acting in the capacity of the Planning Commission shall make findings as to the original
application with the criteria in Land Development Code Sections 10.02.13.E.1. and
10.02.13.E.2.1
LDC Section 10.02.13.E.1 Criteria:
1. Is there a proposed change in the boundary of the Planned Unit Development(PUD)?
The record evidence and testimony from the public hearing reflects that there is no
proposed change to the PUD boundary.
2. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
The record evidence and testimony from the public hearing reflects that there is no
proposed increase in the number of dwelling units, intensity of land use, or height of
buildings within the development. The PUD will still be limited to 50 rental units inclusive
of the residential unit at the clubhouse.
3. 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?
1 The Hearing Examiner's findings are italicized.
Page 2 of 6
The record evidence and testimony from the public hearing reflects that there is no
proposed decrease in preservation, conservation, recreation, or open space areas within
the development as designated on the approved Master Plan.
4. 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?
The record evidence and testimony from the public hearing reflects that There would be no
increase in the size of areas used for non-residential uses and no relocation of non-
residential areas.
5. 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?
The record evidence and testimony from the public hearing reflects that this amendment
has no substantial impacts.
6. 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?
The record evidence and testimony from the public hearing reflects that this amendment
has no substantial impacts.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record evidence and testimony from the public hearing reflects that the proposed
changes will not impact or increase stormwater retention or increase stormwater
discharge.
8. Will the proposed change bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use?
The record evidence and testimony from the public hearing reflects that there will be no
incompatible relationships with abutting land uses.
9. 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?
The record evidence and testimony from the public hearing reflects that the petition does
not propose any increase in density or intensity of the permitted land uses.
Page 3 of 6
10. 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 evidence and testimony from the public hearing demonstrates that the Pelican
Marsh PUD is designated as a Development of Regional Impact or 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.
11. 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.?
The record evidence and testimony from the public hearing reflects that the proposed
change is not deemed to be substantial.
LDC Sec. 10.02.13.E.2 Criterion:
Does this petition change the analysis of the findings and criteria used for the original
application?
The record evidence and testimony from the public hearing reflects that the proposed
change does not affect the original analysis and findings for the original application. The
PUD findings provided by PUDR-PL20140002211.
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: No deviations are being requested as part of this application.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Sections
10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve the Petition.
Page 4 of 6
DECISION.
The Hearing Examiner hereby APPROVES Petition No. PDI-PL20250005556, filed by Noel J.
Davies, Esq of Davies Duke PLLC, representing the applicant Egret's Walk Commons
Association, Inc., with respect to the subject property that is the Clubhouse /Recreation Building
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, for the following:
• An insubstantial change to the Pelican Marsh Planned Unit Development (PUD),
Ordinance Number 02-71.
Said changes are fully described in the added text to Section 3.4.A.9 of the PUD attached as Exhibit
"A"to allow one rental dwelling unit in the clubhouse shown on the Site Plan attached as Exhibit
"B", and are subject to the condition(s) set forth below. The intent of this petition is to resolve the
code enforcement issue described more fully in Exhibit"C".
ATTACHMENTS.
Exhibit A—Section 3.4.A.9 of the PUD
Exhibit B— Site Plan
Exhibit C - Code Enforcement Complaint
LEGAL DESCRIPTION.
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.
CONDITIONS.
• All other applicable state or federal permits must be obtained before commencement of the
development.
DISCLAIMER.
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.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
Page 5 of 6
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
April 22, 2026
�v
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT " A"
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
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.
Words struck through are deleted; words underlined are added.
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EXHIBIT " C "
8/12/25,9:39 AM Complaint Status-Collier County-CityView Portal
Complaint Status
CELU20250001730
Date:2/14/2025
Complaint Information
Case Number: CELU20250001730
Status: Open
Complaint Type: Land Use
Description: Unpermitted unit built above the clubhouse and being listed for rent.
Locality of Complaint: 952 Egrets Run
Property Owner's Full Name: EGRETS WALK COMMON ASSOC INC
Case Inspector: Larry Sweet
Inspector Email: larry.sweet(acolliercountyflA�v
Case Details
Case Disposition: Case Pending
Locations
Locations: Property
66679200453
Address
952 Egrets RUN,_(Clubhouse)_,Jples
Fees
There are no fees for this complaint,or you are not authorized to view them.
Inspections
Date lnspectea
Initial Inspection Incomplete 2/28/2025 02/28/2025
Contacted the complainant for additional information.Mr.Marsh advised that
he believes the apartment was built in 1995 and the property was rented out to
Comments: a employee for at least 7-8 years. I advised Mr.Marsh that I would pull records
and also prepare determinations to see if it can rented out to the public.
EthridgeJeff 02/28/2025 JTE.
Initial Inspection Follow-up Incomplete 4/7/2025 04/07/2025
SweetLarry 04/07/2025 10:38 AM When taking this case over I have observed
that the second floor was permited and it has been addvertized to be rented
Comments: and determination recieved states that its use regarding a rental is not on the
SDP. It's permited as a manager unit.Questions have been sent to zoning
regarding what specific sections of the code to be included on the NOV. I will
update the case following a reply.
Initial Inspection Follow-up Incomplete 4/11/2025 04/11/2025
SweetLarry 04/11/2025 12:06 PM Today upon follow up I am waiting word back
Comments: from zoning on specifics of the violation to be addressed. I will update the case
following.
Initial Inspection Follow-up Incomplete 4/16/2025 04/16/2025
https://cvportal.colliercountyfl.gov/CityViewWeb/CodeEnforcement/StatusReference?referenceNumber--CELU20250001730 1/2
8/12/25,9:39 AM Complaint Status-Collier County-CityView Portal
SweetLarry 04/16/2025 3:30 PM Today upon follow up I am waiting word back
Comments; from zoning on specifics of the violation to be addressed. I will update the case
following.See docs for email I have sent to my supervisor today following up
on determination request.
Initial Inspection Follow-up Violation(s)Found 4/27/2025 04/27/2025
SweetLarry 04/27/2025 7:49 PM Determination has been received.Zoning has
determined that renting the employee housing unit above clubhouse is a
Comments: violation.
The Zoning dept.states the subject residential dwelling unit is a prohibited land
use/Prohibited Use within the Golf Course/Open Space Tract as provided for in
Ordinance 02-71.
Corrections:
Correction 1: Prohibited Use
Status: Outstanding
Date Status Changed: 04/27/2025
Comments: Cease the renting of employee housing, which is not a permitted,
accessory, or conditional use in this zoning district.
Correction 2: Land Use-Generally
Status: Outstanding
Date Status Changed: 04/27/2025
Comments: Must comply with all land use standards of the Collier County Land
Development Code 04-41, as amended
Re-Inspection Non-Compliant 6/23/2025 06/23/2025
SweetLarry 06/23/2025 11:18 AM Upon inspection directive has been given to
monitor the application PL20250005556. I spoke with reviewer Maria Martinez
Comments: 6/17/2025 and she stated the Attorney Noel has been given the requirements
to submit. I will monitor the application for completion and approval now for
compliance.
Code Enforcement inspections and comments do not display while case is under investigation.
For more information, please email a public records request to
GMDPublicRecordRequest@colliercountyfl.gov.
https://cvportal.colliercountyfl.gov/CityViewWeb/CodeEnforcement/StatusReference?referenceNumber=CELU20250001730 2/2
Case Number: CELU20250001730
Date:April 29, 2025
Investigator: Larry Sweet
Phone: 239-409-0189
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: EGRETS WALK COMMON ASSOC INC
992 PELICAN MARSH BLVD
NAPLES, FL 34108
Registered Agent: Newell Property Management. CO Kenneth Peredo
Location: 952 Egrets RUN. (Clubhouse) Naples
Unincorporated Collier County
Zoning Dist: PUD
Property Legal Description: PELICAN MARSH UNIT TWO PARCEL C. LESS EGRETS WALK ATPELICAN
MARSH I CONDO AS DESC IN OR 2028 PG 2150. LESS
Folio: 66679200453
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of
Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following
Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location.
Ordinance/Code: The Collier County Land Development Code. 2004-41, 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 structure 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 LDC. 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, reconstructed.
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 - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S).
Did Witness: Renting the employee residential dwelling above the Clubhouse is a prohibited land
use/Prohibited Use within the Golf Course/Open Space Tract as provided for in Ordinance 02-71.
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
Initial Inspection 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 all 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.
ON OR BEFORE:05/30/2025
Failure to correct violations may result 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$1000 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
s 2800 North Horseshoe Dr, Naples, FL 34104
Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343
Larry Sweet
Case Number:CELU20250001730 i� ,21
Signature and Title of Reci lent
/4 . re - e
Prirfted Name of Recipient
Zr 7 - r2
Date ' S.
'This violation may require additional compliance and approval from other departments which may be required under local,
state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site
Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and
any new or outstanding fees required for approval.