COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 14, 2025 9:00 AM Commissioner Burt Saunders, District 3; – Chair Commissioner Dan Kowal, District 4; – Vice Chair Commissioner Rick LoCastro, District 1 Commissioner Chris Hall, District 2; Commissioner William L. McDaniel, Jr., District 5; NOTICE: Persons wishing to speak on an agenda item must register prior to its presentation. Speakers are limited to three (3) minutes unless adjusted by the Chair. Time may be ceded by other in-person registered speakers who are present at the time the speaker is heard. Public comments are not heard for Proclamations, Presentations, or Public Petitions. Presentations are limited to ten (10) minutes unless extended by the Chair. To comment on Consent Agenda items, registration must occur before the Board’s action on the Consent Agenda, which is heard following the Pledge of Allegiance. Requests for Public Petitions must be submitted in writing to the County Manager at least 13 days prior to the meeting. They shall provide detailed information as to the nature of the Petition. Public Petitions must address matters not scheduled for a future agenda and concern a matter in which the Board can take action. If granted, a single presenter may speak for up to ten (10) minutes, subject to extension by the Chair, and the petition will be placed on a future agenda for a public hearing. For general public comments on non-agenda topics, registration is required before that portion is called. Comments are limited to three (3) minutes; time may not be ceded. The Chair may limit the number of speakers to five (5) for the meeting. Appeals require a record of proceedings, which may include the testimony and evidence on which the appeal is based and may be required to be verbatim. Lobbyists must register with the Clerk to the Board at the Board Minutes and Records Department per Collier County Ordinance 2003-53, as amended. All digital audio and visual materials submitted by the public via email link or attachment, or transported on external devices for broadcasting at the Board meeting, must be in a compatible format and received by the County Manager’s Office by noon on the day preceding the Board meeting to be scanned for network security threats. Digital materials submitted after the deadline will not be accepted. If you are a person with a disability who requires accommodation to participate in this proceeding, you are entitled to certain assistance at no cost. Contact Collier County Facilities Management located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112-5356, (239) 252-8380. Assisted listening devices are available. Page 1 of 6529 A Lunch Recess is scheduled from Noon (12:00 P.M.) to 1:00 P.M. 1. Invocation and Pledge of Allegiance 2. Agenda and Minutes Approval of today's Regular, Consent, and Summary agenda as amended (ex-parte disclosure provided by Commission members for Consent agenda.) 2.A. September 4, 2025, BCC Budget Minutes (2025-3630) 2.B. June 24, 2025, BCC Minutes (2025-3740) 2.C. September 9, 2025, BCC Minutes (2025-4211) 2.D. September 18, 2025, Budget meeting (2025-4215) 3. Awards and Recognitions 4. Proclamations 4.A. Proclamation designating October 2025 as Domestic Violence Awareness Month in Collier County. To be accepted by Linda Oberhaus, CEO, The Shelter for Abused Women & Children. (2025-2836) 4.B. Proclamation designating October 2025 as Childhood Cancer Awareness Month in Collier County. To be accepted by Darren Nieves, President & CEO, Minds Over Tumors. (2025-4314) 5. Presentations 6. Public Petitions 7. Public Comments 8. Board of Zoning Appeals 8.A. *** This item to be heard at 1:00 PM. *** This item requires that Board members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for fuel pumps at a Costco Wholesale, with resulting separation of 132 feet from the property line of the existing 7-Eleven. The property is located in the Commercial Tract of the Hacienda Lakes Mixed Use Planned Unit Development (MPUD) located at the southeast corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of +/-25.86 acres of the +/-2,262 acre MPUD. (PL20240011790) (This Item is a companion to 9.A. PDI-PL20240011559) (2025-3533) 9. Advertised Public Hearings 9.A. *** This item to be heard at 1:00 PM. *** This item requires that Board members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Page 2 of 6529 Ordinance amending Ordinance No. 11-41, as amended, the Hacienda Lakes Mixed-Use Planned Unit Development, to approve an insubstantial change to the PUD, to add deviations for relief from the Collier County Land Development Code relating to architectural glazing standards, building façade massing, light fixture heights, loading spaces, landscape standards for interior vehicular use areas, and signage, and providing for an effective date. The subject parcel is in the Commercial Tract of the MPUD located at the southeast corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of +/-25.86 acres of the +/-2,262 acre MPUD. (PL20240011559) (This Item is a companion to 8.A. ASW- PL20240011790) (2025-3540) 9.B. This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning real property from Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist (RT) zoning district within the Vanderbilt Beach Residential Tourist Overlay (VBRTO) zoning district for a project to be known as Paraiso Club. The subject 1.35± acre beachfront property is located along the Gulf of America on the west side of Gulf Shore Drive, just south of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [PL20240007340] (This Item is a companion to 9.C., PL20240009700, Paraiso Club Conditional Use) (2025-2927) 9.C. This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution for a Conditional Use to allow a Private Club within a Residential Tourist- Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district pursuant to Section 2.03.02.E.1.c.5 of the Collier County Land Development Code. The subject 1.35± acre beachfront property is located along the Gulf of America on the west side of Gulf Shore Drive, just south of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [PL20240009700] (This Item is a companion to 9.B., PL20240007340, Paraiso Club Rezone) (2025-2922) 10. Board of County Commissioners 10.A. Request the Board adopt a Resolution expressing support for designating October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.” (2025-3708) 11. County Manager's Report 11.A. Recommendation that the Board of County Commissioners, as the ex-officio the Governing Board of the Collier County Water-Sewer District, approve a Resolution repealing and replacing Resolution No. 2023-135, as amended by Resolution 2024-212, by modifying the Utility Project A-1 description set forth on Exhibit A to add the Northeast Interim Facilities Program and Wastewater Regional Treatment Plant Expansion projects as eligible projects to be financed with a loan under the Florida Local Government Finance Commission's Pooled Commercial Paper Loan Program, and increasing and authorizing the borrowing of a not to exceed principal amount of $50,000,000 to $200,000,000. This Loan is secured by a subordinate pledge of and lien on the net revenues of the water and sewer utility system in accordance with the terms of the Loan Agreement and as provided in the Resolution approving such Loan; authorize execution of the loan note or loan notes to evidence such borrowing; authorize the execution and delivery of other such documents as may be necessary to effect Page 3 of 6529 such borrowing; and authorize all necessary Budget Amendments. (Christopher Johnson, Division Director - Corporate Financial & Management Services) (2025-3616) 11.B. Recommendation that the Board of County Commissioners, acting as the ex-officio Governing Board of the Collier County Water-Sewer District, approve an Agreement for Sale and Purchase of 3910 Domestic Avenue for pump rebuild operations, inventory storage, and personnel accommodation. The total cost for this transaction will not exceed $4,525,000. (Jim DeLony, Interim Department Head - Public Utilities) (2025-3480) 11.C. *** This item to be heard at 10:00 AM *** Recommendation to consider directing the Zoning Director to sign a Florida Housing Finance Corporation “Local Government Verification that Development is Consistent with Zoning and Land Use Regulations” form in accordance with Florida Statutes 125.01055. (Cormac Giblin, Division Director - Economic Development & Housing) (2025-4280) 11.D. Recommendation to hear a presentation on Funding Strategies for a Stormwater Capital, Operations and Maintenance Program. (Trinity Scott, Department Head - Transportation Management Services Department) (2025-3727) 11.E. Recommendation to pledge 50% of the funds for acquisition of the Seminole Gulf Railway corridor within Collier County (up to $6,890,830) and provide staff direction on the Trust for Public Lands request of a pledge of 100% of the acquisition costs (up to $13,781,660). (Trinity Scott, Department Head - Transportation Management Services Department) (2025-3681) 11.F. Recommendation to approve the fall truck haul beach renourishment project and authorize tourist development tax expenditures for the Vanderbilt Beach Renourishment scheduled for November 2025, with an estimated project cost of $5,500,000; and make a finding that this item promotes tourism (Project 90066). (This Item is a companion to 11.G.) (Andrew Miller, Manager - Coastal Management Program) (2025-2859) 11.G. Recommendation to award Invitation to Bid (“ITB”) No. 25-8417, “Collier County - 2025 Vanderbilt & Pelican Bay Beach Renourishment,” to Dickerson Infrastructure, Inc., in the amount of $4,450,000.00, authorize the Chair to sign the attached Agreement, and make a finding that this item promotes tourism. (This Item is a companion to 11.F.) (Andrew Miller, Manager - Coastal Management Program) (2025-2933) 11.H. Recommendation to approve an Interlocal Agreement with the City of Naples for the use of Parcel ID 01049600004, a/k/a Jolley Bridge Site, to remove debris and receive/offload pilings for the Naples Pier Renovation. (Trinity Scott, Department Head - Transportation Management Services Department) (2025-4214) 12. County Attorney's Report 13. Other Constitutional Officers 14. Airport Authority and/or Community Redevelopment Agency 15. Staff and Commission General Communications 15.A. Public Comments on General Topics Not on the Current or Future Agenda by Individuals Not Already Heard During Previous Public Comments in this Meeting Page 4 of 6529 15.B. Staff Project Updates 15.C. Staff and Commission General Communications 16. Consent Agenda All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 16.A. Growth Management Department (Consent) 16.A.1. Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code, to increase the floor area ratio from 0.45 to 0.60 for group housing, PL20250005043. (2025-2333) 16.A.2. Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code, on procedural changes to rectify and correct inconsistencies and update advisory boards or agency’s public hearing reviews for multiple land use petitions held by the Environmental Advisory Council, Hearing Examiner, Planning Commission, Board of County Commissioners, or Board of Zoning Appeals, PL202540000180. (2025-2442) 16.A.3. Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land Development Code, to establish formal procedures and standards for reasonable accommodation requests submitted by certified recovery residences in compliance with Section 397.487, Florida Statutes, PL20250009062. (2025- 2773) 16.A.4. Recommendation to approve final acceptance of the potable water and sewer utility facilities for Community School of Naples – Campus Expansion, PL20250006342. (2025- 2758) 16.A.5. Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the water utility facilities for Car Condo, PL20250007500. (2025-2877) 16.A.6. Recommendation to approve final acceptance of the potable water and sewer utility facilities and accept the conveyance of a portion of the potable water and sewer facilities for St. Paul Church, PL20250003206. (2025-2900) 16.A.7. Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, including the dedication of Tract “R-2”, for the final plat of Isles of Collier Preserve Phase 16, Application Number PL20210000695, and authorize the release of the maintenance security in the amount of $444,004.28. (2025-2767) 16.A.8. Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Fairgrove at Talis Park Multi-Family Parcel, Application Number PL20220000389 (FP) and Application Number PL2022000598 (Fairgrove Coach Homes SDP), and authorize the release of the maintenance security in the amount of $37,447.85. (2025-2769) Page 5 of 6529 16.A.9. Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Maple Ridge at Ave Maria, Phase 6C, Application Number PL20200001634, and authorize the release of the maintenance securities in the amount of $251,993.89. (2025- 2787) 16.A.10. Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Ranch at Orange Blossom, Phase 4, Application Number PL20190000864, and authorize the release of the maintenance security in the amount of $507,486.40. (2025- 2899) 16.A.11. Recommendation to hold a public hearing to consider vacating a portion of Kon Tiki Drive as shown on the plat of Isles of Capri Business Section, recorded in Plat Book 3, Page 52, of the public records of Collier County, Florida, Located approximately 40 feet East of Capri Boulevard, (Griffis Highway per plat) in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (PL20250004879) (2025-2789) 16.A.12. Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of Oil Well Park Road, also known as a portion of a 100-foot-wide right-of-way and easement described as Tract A, as recorded in Deed Book 23, Page 42, of the Public Records of Collier County, Florida, located west of State Road 29, approximately 1.5 miles south of Oil Well Road, in Section 20, Township 48 South, Range 30 East, Collier County, Florida. VAC-PL20250006144 (2025-2854) 16.A.13. Recommendation to hold a public hearing to consider vacating the 30-foot-wide public roadway easements as described in Official Record Book 1033, at pages 1087, 1098, 1099, 1103, 1107, 1122, and 1126, of the public records of Collier County, Florida, located approximately 4,900 feet Northeasterly of U.S. 41, Tamiami Trail East and approximately 4,000 feet east of Greenway Road in Section 7, Township 51 South, Range 27 East, Collier County, Florida. (PL20240001248) (2025-2931) 16.A.14. Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $690,732, which was posted as a guaranty for Excavation Permit Number PL20230015778 for work associated with Sandy Lane Assemblage. (2025-2771) 16.A.15. Recommendation to receive and approve the 2024 Collier County Repetitive Loss Area Analysis (RLAA) Study. (2025-2767) 16.A.16. Recommendation to award Invitation to Bid 25-8361, “Fencing Installation and Repair Services for Collier County,” to Primary and Secondary vendors - Atlas Door & Gate Inc., and McFarlane’s Construction, Inc., and authorize the Chair to sign the attached Agreements. (2025-3575) 16.A.17. Recommendation to accept a $4,000 donation from Naples Elks Lodge 2010 for enrichment toys to the Domestic Animal Services Donation Trust Fund. (2025-3702) 16.A.18. Recommendation to approve a Resolution superseding Resolution No. 2018-106, amending the Collier County Domestic Animal Services (DAS) Fee Policy, as it relates to the authority of the Director of Domestic Animal Services and reflecting the operating costs associated with animal-related businesses and breeders, with an effective date of November 1, 2025. (2025-2282) Page 6 of 652916.B. Transportation Management Department (Consent) 16.B.1. Recommendation to approve the award of Invitation to Bid (“ITB”) No. 24-8281, “Immokalee City Sidewalks at Various Locations (LAP),” to Coastal Concrete Products, LLC, d/b/a Coastal Site Development, in the amount of $435,172.25, approve an Owner’s Allowance of $50,000, and authorize the Chair to sign the attached Agreement. (Project 33902, Fund 1841). (2025-2537) 16.B.2. Recommendation to appropriate an additional $573,993 to the Collier Metropolitan Planning Organization’s annual operating budget for FY 2025/26, and authorize the necessary Budget Amendment. (Fund 1841, Project 33908) (2025-2938) 16.B.3. Recommendation to reinstate Agreement No. 21-7896, Emergency/Disaster Related Stabilization and Recovery Services for Roadway Signs, with Southern Signal and Lighting, Inc., ratify the First Amendment effective as of the date of its administrative approval, and approve a Second Amendment to Agreement retroactive to September 14, 2025, by exercising the second renewal term through September 13, 2026, with a 5% rate increase. (2025-3723) 16.C. Public Utilities Department (Consent) 16.C.1. Recommendation that the Board, as the ex-officio Governing Board of the Collier County Water-Sewer District, approve the revised pages to Grant Agreement L0019 with the Florida Department of Environmental Protection for the Palm River Public Utilities Renewal Project Areas 3, 5, & 6. (Project 70257, Fund 4016 and Project 60234, Fund 1841) (2025-2928) 16.C.2. Recommendation that the Board, as the ex-officio Governing Board of the Collier County Water-Sewer District, approve the revised pages to Grant Agreement L0018 with the Florida Department of Environmental Protection for the Naples Park Public Utilities Renewal Project 103rd/104th Avenues. (Project 70120, Fund 4016 and Project 60139, Fund 1841). (2025-2923) 16.C.3. Recommendation that the Board, acting as ex-officio the Governing Board of the Collier County Water-Sewer District, authorize an increase in expenditures for the single source purchases of Odor Control Products and Services from Evoqua Water Technologies LLC, and approve the First Amendment to Agreement No. 24-032-NS, "Odor Control Products and Services," by increasing the authorized annual estimated expenditures under the agreement by $1,720,000 for a not-to-exceed amount of $4,220,000 per Fiscal Year, removing and adding items to the agreement, provide clarification language regarding additional items and possible tariff reimbursements, and authorize the Chair to sign the attached amendment. (2025-2919) 16.C.4. Recommendation that the Board, as the ex-officio Governing Board of the Collier County Water-Sewer District, award Request for Quote under Agreement No. 20-7800 to Quality Enterprises USA, Inc., for the Rehabilitation of Pump Station 308.06 project, in the amount of $685,819, approve an Owner’s Allowance of $105,000, and authorize the Chair to sign the attached Work Order. (Project Number 70141) (2025-3607) 16.C.5. Recommendation to approve and authorize the Chair to execute documents necessary for the conveyance of a Utility Easement and Warranty Deed and Bill of Sale to the Page 7 of 6529 Collier County Water-Sewer District for potable water infrastructure on County-owned property located at the Resource Recovery Business Park (“RRBP”), at a cost not to exceed $200. (2025-3628) 16.D. Community Services (Consent) 16.D.1. Recommendation to approve and authorize the Chair to sign two (2) mortgage satisfactions for the Housing and Urban Development Neighborhood Stabilization Program in the amount of $60,360 for those properties that have met their federal affordability requirement. (Urban Improvement Grant Fund 1805) (2025-2790) 16.D.2. Recommendation to approve and authorize the Chair to sign six (6) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $162,500. (SHIP Grant Fund 1053) (2025-2791) 16.D.3. Recommendation to approve and authorize the Chair to sign two (2) mortgage satisfactions for the State Housing Initiatives Partnership loan program in the amount of $33,000 due to the death of the borrower(s). (SHIP Grant Fund 1053) (2025-2792) 16.D.4. Recommendation to approve and authorize the Chair to sign Community Development Block Grant Subrecipient Grant Agreement #CD25-01 between Collier County and Big Cypress Housing Corporation in the amount of $750,000 to fund the Big Cypress – Main Street Village Roofing Rehab Project. (Housing Grant Fund 1835) (2025-2685) 16.D.5. Recommendation to approve and authorize the Chair to sign the Community Development Block Grant Subrecipient Grant Agreement #CD25-02 between Collier County and Collier Health Services, Inc., dba Healthcare Network, in the amount of $290,000 to fund the Marion E. Fether Medical Center HVAC Replacement Project. (Housing Grant Fund 1835). (2025-2692) 16.D.6. Recommendation to approve and authorize the Chair to sign three U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Subrecipient Grant Agreements between Collier County and the following entities to support public service activities: (1) Sunrise Community of Southwest Florida, Inc. ($59,588.10); (2) Housing Development Corporation of SW Florida, Inc., d/b/a HELP ($125,000.00); and (3) Baker Senior Center Naples, Inc. ($117,000.00). (Housing Grant Fund 1835) (2025-2788) 16.D.7. Recommendation to approve and authorize the Chair to sign the Emergency Solutions Grant Subrecipient Agreement #ES25-01 between the Collier County Board of County Commissioners and The Shelter for Abused Women & Children, Inc., to support Shelter Operations and Personnel Salaries in the amount of $65,000. (Housing Grant Fund 1835 Project 33949) (2025-2551) 16.D.8. Recommendation to authorize a Budget Amendment to recognize $126,907.07 in program income from Overnight and Investment interest for the State Housing Initiatives Partnership Program Fiscal Year 2024-2025 (SHIP Grant Fund 1053). (2025- 2929) 16.D.9. Recommendation to adopt a resolution authorizing approval of a substantial amendment to Collier County's U.S Department of Housing and Urban Development (HUD) Annual Action Plans for Program Years (PY) 2023-2024 and 2025-2026 to reallocate $329,706 Page 8 of 6529 from PY2023 and $927,369.85 from PY2025 in Community Development Block Grant (CDBG) funds to Collier County Redevelopment Agency in the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) for a land acquisition activity to align with timely expenditures and authorize the submission of the substantial amendment to HUD. (Housing Grant Fund 1835) (2025-3642) 16.E. Corporate Business Operations (Consent) 16.E.1. Recommendation to authorize routine and customary budget amendments appropriating carry forward budget in the amount of $11,666,503.67 for approved open purchase orders into FY 2026. (2025-4230) 16.E.2. Recommendation to approve the administrative report prepared by the Procurement Services Division for the trade-in disposal of property that is no longer viable and remove capital assets from the County’s capital assets records. (2025-2923) 16.E.3. Recommendation to approve the administrative report prepared by the Procurement Services Division for the disposal of property that is no longer viable and remove capital assets from the County’s capital assets records. (2025-2919) 16.E.4. Recommendation to accept the report for the sale of 7 items and disbursement of funds in the amount of $18,175 associated with the County surplus auction held on February 28 and March 1, 2025. (2025-2856) 16.E.5. Recommendation to accept the report for the sale of 37 items and disbursement of funds in the amount of $131,900 associated with the County surplus auction held on June 20 and 21, 2025. (2025-2849) 16.E.6. Recommendation to accept the report for the sale of 61 items and disbursement of funds in the amount of $1,093,845 associated with the County surplus auction held on April 25 and 26, 2025. (2025-2855) 16.E.7. Recommendation to accept the report for the sale of 18 items and disbursement of funds in the amount of $67,580 associated with the County surplus auction held on August 22 and 23, 2025. (2025-4228) 16.E.8. Recommendation to approve and ratify the Procurement Services Division’s administrative report identifying unaccounted-for capital assets with remaining net book values of $39,161.15 (FY23), $3,366.56 (FY24), and $2,137.26 (FY25), and authorize removal of these assets from the County’s capital asset records in accordance with Florida Statutes Chapter 274 and CMA 5809. (2025-3481) 16.E.9. Recommendation to approve the administrative report prepared by the Procurement Services Division for various County Divisions’ after-the-fact purchases requiring Board approval in accordance with Procurement Ordinance No. 2025-34, and the Procurement Manual in the amount of $107,500.51, and an emergency purchase in the amount of $48,000. (2025-4221) 16.E.10. Recommendation to continue to authorize expenditures through the exemption from the competitive process to provide software products for the County’s learning, development and performance management processes, approve the Fifth Amendment to extend Agreement No. 16-6621 with Cornerstone OnDemand, Inc., for five years, that Page 9 of 6529 includes for the first year an amount of $159,875.09 and subsequent annual price increases in the amount not to exceed 2.5%, and authorize the Chair to sign the attached Amendment. (2025-3484) 16.E.11. Recommendation to approve the Seventh Amendment to Agreement No. 20-045-NS Pharmacy Benefit Management Services Agreement with Navitus Health Solutions, LLC, extending the agreement for an additional year through December 31, 2026, resulting in an estimated savings of $67,000, and to incorporate the BioSimilar Program into the agreement, resulting in additional estimated savings of $1,680,000. (2025-3717) 16.F. County Manager Operations (Consent) 16.F.1. Recommendation to award Invitation for Qualification No. 24-8312, “Roof Replacement Contractors,” to Crowther Roofing and Sheet Metal of Florida, Inc., Advanced Roofing, Inc., Clayton Contracting of SWFL, LLC, Atlas Apex Roofing, LLC, and Advanced Roofing & Sheetmetal, LLC, and authorize the Chair to sign the attached agreements. (2025-2915) 16.F.2. Recommendation to award Request for Proposal No. 25-8350, “Medical Director and Deputy Medical Director,” to James Augustine as Medical Director and S. Sandoval, MD, LLC as Deputy Medical Director, and authorize the Chair to sign the attached agreements. (2025-4224) 16.F.3. Recommendation to approve the Fifth Amendment to the Radio Tower Lease Agreement 787-C with Crown Castle GT Company LLC, allowing for the installation of an additional microwave dish on a communications tower located at 1899 Trade Center Way. (2025-3595) 16.F.4. Recommendation to approve an Extension and Fifth Amendment to the Interlocal Agreement between Collier County and the City of Naples, governing the use of City of Naples beach parking facilities and park and recreation programs, to September 30, 2027. (2025-3722) 16.F.5. Recommendation to approve: 1) an after-the-fact payment of Pay Application 1 in the amount of $92,604 due to an administrative error in the compensation method for Tasks 5, 6, 9, 10, 12, and 13 of the Pinecrest Lake 2-3 Restoration Project under Agreement No. 20-7800, “Underground Contractor Services,” with Douglas N. Higgins, Inc., 2) ratify administratively approved Change Order No. 1 for use of Owner’s Allowance in the net amount of $8,942, and 3) approve an after-the-fact payment of future pay applications associated with Change Order No. 1 due to itemized Time and Material proposal not provided at the time of Work Directive approval. (2025-3701) 16.F.6. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2025-26 Adopted Budget. (2025-4236) 16.F.7. Recommendation to adopt a resolution approving amendments (appropriating reserves) to the Fiscal Year 2025-26 Adopted Budget. (2025-4307) 16.G. Airport Authority (Consent) 16.G.1. Recommendation that the Board of County Commissioners, acting as the Collier County Page 10 of 6529 Airport Authority, approve a First Amendment to Collier County Airport Authority Leasehold Agreement for Hangar Construction with IMM Development LLC, related to its construction of multiple aircraft hangars at the Immokalee Regional Airport, and authorize the Chair to sign the Amendment. (2025-3622) 16.H. Board of County Commissioners (Consent) 16.I. Miscellaneous Correspondence (Consent) 16.I.1. Miscellaneous Correspondence (2025-4216) 16.J. Other Constitutional Officers (Consent) 16.J.1. To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements in the amount of $128,048,280.72 were drawn for the periods between September 11, 2025, and October 1, 2025, pursuant to Florida Statute 136.06. (2025-1656) 16.J.2. Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of October 8, 2025. (2025-1657) 16.K. County Attorney (Consent) 16.K.1. Recommendation to reappoint two members of the Golden Gate Beautification Advisory Committee. (2025-3624) 16.K.2. Recommendation to appoint Don Romoser and reclassify Ronald Fowle and Sam Saad on the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (2025-3631) 16.K.3. Recommendation to reappoint three members to the Affordable Housing Advisory Committee. (2025-3638) 16.K.4. Recommendation to reappoint two members to the Collier County Citizen Corps. (2025- 3704) 16.K.5. Recommendation to appoint Danny Miller to the Infrastructure Surtax Citizen Oversight Committee. (2025-3707) 16.K.6. Recommendation to declare a vacancy on the Collier County Code Enforcement Board. (2025-4210) 16.K.7. Recommendation to authorize the County Attorney to file a lawsuit on behalf of Collier County Board of County Commissioners against RTS of Broward Corp., d/b/a RTS Underground, and any other responsible parties for $40,829.29 in damages caused to a 6’ wastewater force main in front of 3313 Europa Drive, Naples, Florida and to sewer laterals located at 109, 124, and 215 Willowick Drive, Naples, Florida. (2025-3639) 16.K.8. Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Esperandieu Vilsaint, in the Small Claims Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages for the repair of Collier County property totaling $3,306.92, plus costs of litigation. (2025-3714) Page 11 of 6529 16.K.9. Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Sierra Underground Corp. for $14,235.38 in damages caused to a County-owned sewer lateral line and orange conduit on two separate occasions and locations. (2025-3721) 16.K.10. Recommendation to approve after-the-fact the filing of the lawsuit, Board of County Commissioners of Collier County Florida v. Bigi & Bigi, LLC, Case No. 25-CA-2221, seeking specific performance of an Agreement of Sale and Purchase, including Addenda and the First Amendment thereto, of fourteen units within the “Court Plaza III” located at 2671 Airport Road South, Naples, Florida, and approve the costs of litigation. (2025-4226) 16.K.11. Recommendation to approve a Stipulated Final Judgment in the amount of $90,000 plus $23,129 in statutory attorney and experts’ fees and costs for the taking of Parcel 1291FEE1 required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 3640) 16.K.12. Recommendation to approve a Stipulated Final Judgment in the amount of $90,000 plus $23,183 in statutory attorney and experts’ fees and costs for the taking of Parcel 1291FEE2 required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 3641) 16.K.13. Recommendation to approve a Stipulated Final Judgment in the amount of $120,000 plus $22,589 in statutory attorney and experts’ fees and costs for the taking of Parcel 1355FEE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 3643) 16.K.14. Recommendation to approve a Stipulated Final Judgment in the amount of $120,000 plus $22,530 in statutory attorney and experts’ fees and costs for the taking of Parcel 1357FEE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 3644) 16.K.15. Recommendation to approve a Stipulated Final Judgment in the amount of $198,000 plus $49,918 in statutory attorney and experts’ fees and costs for the taking of Parcel 1329FEE required for the Vanderbilt Beach Road Extension Project No. 60249, and delegate authority to the County Manager or her designee to process payment of additional statutory attorney’s fees for supplemental proceedings, if any, as authorized by Ch. 73, Fla. Stat., but not to exceed $3,000. (2025-3690) 16.K.16. Recommendation to approve a Stipulated Final Judgment in the amount of $260,000 plus $18,953 in statutory attorney and experts’ fees and costs for the taking of Parcel 1465RDUE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 3692) 16.K.17. Recommendation to approve a Stipulated Final Judgment in the amount of $212,500 plus $55,121 in statutory attorney and experts’ fees and costs for the taking of Parcel 1367FEE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 4231) 16.K.18. Recommendation to approve a Stipulated Final Judgment in the amount of $90,000 plus $24,569 in statutory attorney and experts’ fees and costs for the taking of Parcel 1298FEE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 4237) Page 12 of 6529 16.K.19. Recommendation to approve a Stipulated Final Judgment in the amount of $81,000 plus $18,022 in statutory attorney and experts’ fees and costs for the taking of Parcel 1281FEE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 4244) 16.K.20. Recommendation to approve a Stipulated Final Judgment in the amount of $237,000 plus $37,876 in statutory attorney and experts’ fees and costs for the taking of Parcel 1351FEE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 4245) 16.K.21. Recommendation to approve a Stipulated Final Judgment in the amount of $93,500 plus $23,816 in statutory attorney fees, expert fees, and costs for the taking of Parcel 1305FEE required for the Vanderbilt Beach Road Extension Project No. 60249. (2025- 4246) 16.K.22. Recommendation to approve and authorize the Chair to execute the Second Amendment to the Collier County Legal Aid Agreement to extend the term of the Agreement through October 22, 2030, with automatic one-year renewal terms thereafter unless terminated earlier by either party. (2025-4317) 16.K.23. Recommendation to appoint the County Manager or her designee to serve on the Collier County Community Alliance as required by Section 20.19(5)(d), Florida Statutes. (2025-4319) 16.L. Community Redevelopment Agency (Consent) 16.L.1. Recommendation that the Board of County Commissioners (Board) acting in its capacity as the Community Redevelopment Agency Board (CRAB) approve the submission of an electronic grant application submittal in the amount of $1,257,075.85 to the Collier County Community and Human Services for Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds for the purchase of four Bay Street Properties. (2025-3688) 16.M. Tourist Development (Consent) 16.M.1. Recommendation to approve a request for reimbursement from the City of Naples for FY 24/25 in the amount not to exceed $675,000 using tourist development tax funds for beach maintenance and Lowdermilk Park parking lot maintenance, waive any irregularities in the process, and make a finding that this expenditure promotes tourism. (2025-2856) 17. Summary Agenda This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. 17.A. Recommendation to adopt an Ordinance amending the Collier County Land Development Code to update the provisions related to the Rural Lands Stewardship Area Zoning Overlay Page 13 of 6529 District (RLSA District). [PL20220003445] (First of two hearings) (2025-2305) 17.B. This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 10-06, as amended, the Magnolia Pond Planned Unit Development (PUD), to increase the number of dwelling units from 231 to 550 with an Affordable Housing Agreement, to increase the maximum building heights, to add deviations, and to revise the Master Plan; and by providing an effective date. The subject property is located within the Collier Boulevard Interchange Innovation Zoning Overlay (CBIIZO) and partially within the Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4. The subject property, consisting of 47.05± acres, is located on the north side of Interstate I-75, ½ mile west of Collier Boulevard (CR 951), and is bisected by Magnolia Pond Drive, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. [PL20240010833] (2025-2917) 17.C. Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the Fiscal Year 2024-25 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (2025-4227) 17.D. Recommendation to adopt a Resolution approving amendments to appropriate budget for unspent FY 2024-25 grant and capital project budgets and roll over purchase orders to the Fiscal Year 2025-26 Adopted Budget. (2025-4310) 17.E. Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers, and supplemental revenue) to the Fiscal Year 2025-26 Adopted Budget. (2025-4235) 18. Adjourn Inquiries concerning changes to the Board’s Agenda should be made to the County Manager’s Office at 252-8383. Page 14 of 6529 September 4, 2025 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 4, 2025 BUDGET HEARING LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 5:05 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Burt L. Saunders Dan Kowal Chris Hall Rick LoCastro William L. McDaniel, Jr. ALSO PRESENT: Amy Patterson, County Manager Ed Finn, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Troy Miller, Communications & Customer Relations Page 1 Page 15 of 6529 September 4, 2025 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN SAUNDERS: I'm glad we have a deputy here tonight to deal with our crowd control. COMMISSIONER HALL: Exactly. CHAIRMAN SAUNDERS: We'll start off with the Pledge of Allegiance, and then we'll do the roll call. Colonel LoCastro, will you lead us in the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Ms. Patterson, would it be sufficient to simply say all five commissioners are here, we'll proceed with the meeting; we don't need to do a roll call or anything? MS. PATTERSON: Yes, sir. Welcome to your first of your budget hearings. And Mr. Chris Johnson is going to lead us through. We're going to be starting with Pelican Bay Services, and he is going to navigate you through all of the necessary steps. MR. JOHNSON: Thank you, Ms. Patterson. Good evening, Commissioners. For the record, Christopher Johnson, your director of Corporate Financial Management Services. As Amy said, welcome to our first of two required public budget hearings for the FY '25/FY '26 budget. Tonight's discussion will include a review of the Pelican Bay Services division budget. We are seeking to adopt a resolution approving levying the special assessment roll for the District. This action will be followed by the Board of County Commissioners budget hearing where we will be discussing the tentative millage rates and changes to the tentative budget. Everybody's favorite part, I will read into the record the tentative millage rates. We will then adopt the tentative millage rate resolution and tentative budget resolution. And finally, we will announce the time and place for the final public hearing. Page 2 Page 16 of 6529 September 4, 2025 Tonight there will be an opportunity for public comment for both the Pelican Bay budget hearing and the BCC budget hearing. Agendas and speaker slips are available out in the hallway. Anyone interested in addressing the Board regarding the budget must complete a slip and provide it to Mr. Miller, right over there with his hand up. He will collect the slips and announce the names of the speakers at the appropriate time. And with that, I will briefly go over our budget timeline and give you a quick outline of where we've been on the path towards our first public hearing before we get started with Pelican Bay. All right. I think everyone's familiar with this. We have a few more peach-colored squares here, so we're moving our way along. So I'll just kind of go over this real quick for those that are new to this. We started the budget process in February with our budget policy discussion. That was followed by a strategic plan priority-based budgeting workshop in March and the adoption of the FY '26 budget policy also in March. This budget policy provided the framework for the departments to build their FY '25/'26 budgets. Then in June, the County Manager presented the Board with her recommended budget, and the Board heard a presentation from ResourceX on the progress of our priority-based budgeting initiative, including Phase 2, which is now focused on process efficiencies. On July 1st, we received certified taxable value from the Property Appraiser. On July 8th, the Board adopted the maximum millage for FY '26 with the countywide and unincorporated rates set at the maximum of millage neutral. On July 11th, the Board received the FY '26 budget document which included changes from the June workshop. On August 18th, the Property Appraiser mailed the TRIM Page 3 Page 17 of 6529 September 4, 2025 notices, and they were sent to all the property owners in the county. Today is our first of two FY '25/FY '26 budget hearings, and on September 12th -- and this was included in the TRIM notices sent out to the property owners. September 12th is the deadline to file a petition with the Value Adjustment Board. And then finally, we have our final FY '25/'26 budget hearing on September 18th; that is a Thursday, at 5:05. And last but not least, I guess, is our office will submit the TRIM compliance package to the Department of Revenue in early October. With that, we'll jump right into Pelican Bay Service Division budget, as that is the first item on the docket. Mr. Dorrill and Mr. Coleman are in the room to present, and I'll turn it over to them. MR. DORRILL: Thank you. Good evening, Commissioners. As has been our practice since the inception of the District, a major source of funding is a non-ad valorem assessment for both operations and capital. There is an associated ad valorem tax and millage that funds a streetlighting program and our Capital Improvement Fund within the subdivision. This year's budget is 800 -- $8,214,100, and of that amount -- I'm going to break this down in a couple of ways and then answer any questions that you have. Our operations and maintenance assessment was approved with a 3 percent increase in the regular portion of the assessment. It does include a $45 increase as a one-time replenishment of our contingency reserve that was exhausted following Hurricanes Ian and Milton last fall. Additionally, there's a small increase in our Clam Bay cost center of $10 this coming year for some expanded service opportunities in some work that we're going to be doing within the Natural Resource Protection Area. Our capital program is where the real, I think, issue from a Page 4 Page 18 of 6529 September 4, 2025 policy perspective for this board is. Our capital assessment is scheduled to increase on a one-time basis by $455 to help fund next fall's beach renourishment project, again, as a result of the hurricane activity, next year. Vanderbilt Beach and the Pelican Bay Beach will be renourished. We have separate programs to help reconstruct the dune and to reclaim some of the sand that overwashed the dune and in the mangrove area. We'll be doing that earlier this fall. Overall, the thing that I need to get into the record is that the total maintenance and operational assessment for next year is $5,888,165. That breaks down to $768.70 per unit. The separate capital assessment is $5,984,680, or $781.30 per equivalent residential unit. The total number of ERUs next year remain unchanged at 7,659 and 9/10 of a unit that also include property that you own in, particularly, the maintenance site where we are. And in addition, even other properties, not only the two major hotels and the Inn at Pelican Bay and the Waterside Shops, but even the Catholic church in the community is contributing in support of the maintenance and operations of the community. As a quick aside, our operation facility that was destroyed during Hurricane Ian is scheduled to receive a CO later this month. It's a big deal for your employees there. It is also a welcome relief to what has been a series of trailers and ocean-going containers that we have been operating out of now for almost three years since the hurricane. That facility was destroyed. And with some insurance proceeds and hopefully some FEMA reimbursement, that new $5.4 million facility will reopen to the community, and we would hope to see you there at that time. The recommendation is that the Board of County Commissioners adopt the resolution that is attached to the executive Page 5 Page 19 of 6529 September 4, 2025 summary this evening approving both the special assessment roll for those benefiting properties that I alluded to and also levying the combined special assessment for both operations as well as capital in the amounts that I have provided. CHAIRMAN SAUNDERS: All right. MR. DORRILL: I can also tell you that this comes to you with a unanimous recommendation of your advisory board there and the commercial partners. And I have spoken separately to the two hotels and also the Waterside Shops and Marketplaces at Pelican Bay, because they're also contributing into this. And with that, I'll stop and see if you have any questions. CHAIRMAN SAUNDERS: All right. Before we go to the public comments, are there any questions or comments from the Commission? (No response.) CHAIRMAN SAUNDERS: Seeing none, Mr. Miller, do we have any registered speakers online? MR. MILLER: We do, Commissioner. And if I've done this right, I believe Marsha Oenick does want to speak of this. I'm going to ask Nicole Rolando, who's online, Nicole, if you want to speak on Pelican Bay, please raise your hand on Zoom. Marsha, you're being asked to unmute yourself, if you'll do so at this time. All right, Marsha. I see you're unmuted. You have three minutes. MS. OENICK: Thank you, Commissioners, for allowing me to make a very brief comment. I am frankly surprised that the County is assessed for this non-ad valorem tax as well -- and I get it for individual homeowners, but I find it quite surprising that the various recreational areas of Pelican Bay are not assessed this ad valorem tax. This includes the community center, their beach buildings and so on. And the -- when Page 6 Page 20 of 6529 September 4, 2025 I look at the tax bills for these, it says they're recreational areas. Well, I would say the library and the park are certainly recreational areas, yet the County is assessed this non-ad valorem tax. The police department and the fire department are in the service category, and they are taxed as well. I don't understand this. I -- it's not helpful to the budget of the county to have to pay this ad valorem assessment. Thank you very much. MR. MILLER: Mr. Chair, that was the only registered speaker we have for the Pelican Bay portion of the budget. CHAIRMAN SAUNDERS: Mr. Dorrill, do you have any response to that or -- MR. DORRILL: Quickly, I think it's important. There is a statute -- and Mr. Klatzkow could help me with this -- that provides for a uniform method of assessments statewide for situations like this where we are levying a non-ad valorem assessment against all benefiting properties. And way back in the origination of Pelican Bay and the former Pelican Bay improvement district, there was a methodology that was performed that assigned those benefits to all the properties within the community, and that's why I alluded to the fact that whether it's the Catholic church or your library or the fire station, the golf and country club there pay a substantial number of ERUs in support of the District. But all of that is prescribed by Florida law within that statute. I'm not sure if it's 125 or 127. CHAIRMAN SAUNDERS: I think we're ready for a motion. Mr. Dorrill, do you want to let us know what the motion is that will meet your needs? MR. DORRILL: Yes, sir. Again, the appropriate motion would be to approve and adopt the resolution and authorize the Chairman to sign the resolution for a number that will be reserved to both approve the special assessment roll that I just alluded to and levying a special Page 7 Page 21 of 6529 September 4, 2025 assessment against those benefiting properties within the District. CHAIRMAN SAUNDERS: All right. Do we have a motion? COMMISSIONER HALL: I'll move to do exactly what he said. COMMISSIONER McDANIEL: And I'll second to do exactly what he said. CHAIRMAN SAUNDERS: We have a motion and second. I don't see any discussion. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. DORRILL: Thank you for what you do, collectively. CHAIRMAN SAUNDERS: Thank you, Mr. Dorrill. MR. DORRILL: We would hope to see you at our dedication perhaps in a month. COMMISSIONER HALL: I'll be there. CHAIRMAN SAUNDERS: Thank you. MR. JOHNSON: All right, Commissioners. Before we jump into the Board's budget hearing, as I stated earlier, the TRIM notices were mailed out to all county property owners on August 18th, 2025. Our office, and I'm sure all your offices, have received many calls regarding these notices. So I thought this would be a good time to do a quick educational review of a TRIM notice a couple minutes here. So I'm just going to start. And I'm sorry this is hard to read because there's a lot going on on the TRIM notice. But if you look up -- I'm good. My mouse works on this. Page 8 Page 22 of 6529 September 4, 2025 We'll start at the top here. Your market value of your property is listed up here by the No. 1. That is the just value of the property, determined by the Property Appraiser as of January 1st, the beginning of this year, so 2025. Down here where the No. 2 is, that's the assessed value of the property for assessment, and that -- that is the amount of the property less any Save our Homes benefit, which is the benefit you get from the Constitution of Florida where you only can be raised 3 percent a year if you're a homesteaded property, and then there's also a 10 percent non-homestead cap there that reduce the market value to the assessed value for homeowners who are not residents or not homesteaded. There's a few other ones in there, agricultural and working waterfront as well. From there, you take the assessed value and you reduce it by any exemptions. The most popular exemption, as most of us probably have here, is the homestead exemption. That was previously $50,000 a year. Amendment 5 that was on the ballot last fall now increases that with CPI. So for this year, as you can see here on this example, it's $50,722. And then finally, that get you to No. 3 here, which is your taxable value. This is the amount that is used to calculate the tax levied for the property. Moving down here to these columns, you have Column 1, 2, and 3, and I'll go over those in a minute. But the 4 and the 5 here, the 4 is the millage rate or tax rate per thousand dollars of taxable value. And then finally, the No. 5 is the tax amount, the amount of property tax, and that is calculated by taking No. 3, your taxable value, multiplying it by No. 4, your millage rate, and then dividing it by a thousand, and that's how you get to the numbers you see in these -- in Column 5. So to go on with the colors here -- and I will say I'm not very Page 9 Page 23 of 6529 September 4, 2025 good at computers. This was kind of hard to do, so I apologize. You can't really see through it. But I just wanted to point out that the yellow area here, this line right here, is the BCC-controlled taxing districts. That's under IDA. So that is what we're going to be talking about tonight. Now, everybody's tax bills are a little different. You may have multiple MSTUs that apply to us [sic]. You may -- this person has just the General Fund and the Unincorporated Area General Fund. But this is the area right here that is under the Board of County Commissioner's control. The blue area in Column 1 here is last year's tax rate and property taxes, the purple area is your rolled-back tax rate and property taxes, and finally, the green area here is this year's proposed tax rates and property tax. When you look all the way down at the bottom, the gray area, that's the total property tax for each of those columns. So all the taxing authorities. And again, here, the yellow is the Board's. They have public schools on this one, you have South Florida Water Management District, and then you have independent districts that includes the Collier Mosquito Control and the Greater Naples Fire District. So those all add up in the gray to get you your overall millage rate, which on this example is 10.5 for the proposed, 9.6625 for the rolled-back, and 10.07 -- I think that's 00 for the -- for last year's. So in this example here, when you're looking at this, you can see the millage rate went up by about -- it looks like it's .4358. And that amount there is mainly due to the Greater Naples Fire. Again, they had a referendum, and they're increasing their millage from 1.5 to 2. Any questions on any of that before we hop into what we have to do tonight? (No response.) Page 10 Page 24 of 6529 September 4, 2025 MR. JOHNSON: All right. Thank you. All right. So with that, I would like to welcome everyone to the first of two public hearings on the Collier County Government Fiscal Year 2025/'26 budget. Fiscal Year 2025/'26 begins October 1st, 2025, and runs through September 30th, 2026. This public budget hearing -- the public budget hearing, excuse me, in September must follow a specific format pursuant to the State of Florida Truth in Millage or TRIM guidelines. This presentation is scripted -- so I apologize in advance -- pursuant to the TRIM statutes. So if you will indulge me a while, I'm going to read some things into the record as we normally do, then there will be time for public comment, and then we will move on to the action items on the agenda. Your agenda contains a specific sequence of agenda items to be covered pursuant to the statute. This hearing was advertised as part of the TRIM notices mailed to all the county property owners on the week of August 18th. The final budget hearing is two weeks from tonight on September 18th, 2025. The final hearing will be noticed as part of a statutory advertising requirement contained in the Truth in Millage statutes. The final hearing notice advertisement will appear in the Naples Daily News on September 15th, 2025, and depending on action tonight, will either contain a notice of proposed tax increase or a budget hearing notice. A notice of proposed tax increase is necessary when the County's tentatively adopted aggregate millage rate is greater than the current year's aggregate rolled-back rate. A budget hearing notice is necessary when the current year aggregate millage rate is less than or equal to the current year's aggregate rolled-back rate. The final tax rate and budget decisions will be made at the final hearing on September 18th, 2025. Page 11 Page 25 of 6529 September 4, 2025 As stated earlier, agenda and speaker slips are available in the hallway. Anyone interested in addressing the Board of County Commissioners regarding the County's budget must complete a speaker slip. Again, Mr. Troy Miller is over there, and he will collect the slips. Following some introductory remarks regarding tax rates and changes to the tentative budget released in mid-July, there will be an opportunity under Agenda Item 1C for public comments. Speakers will be called by name. The TRIM notice mailed to all property owners indicated that close of business 5 p.m. September 12th, 2025, is the deadline for property owners to contact the property appraiser and file a petition for market value adjustment with the Value Adjustment Board. With that, we'll move to the taxable value and millage rates. Taxable value for the County increased by 8.49 percent and 8.81 percent in the unincorporated area. It increased to 164.9 billion and 104.9 billion respectively. 4.3 billion of the $12.9 billion increase in the countywide taxable value is net new taxable value. Likewise, in the Unincorporated Area General Fund, 3.2 billion of $9.5 billion increase is attributed to net new taxable value. Of note, the Florida Constitution provides a 3 percent limit to annual assessed value increases for homestead property for all taxing authorities and a 10 percent limit to the annual assessed value increase for non-homesteaded property for all taxing authorities with the exception of state and local school board taxing authorities. As a result, at the maximum millage rate, a typical homestead property owner would see a modest increase in the overall BCC-related taxes due this year, and non-homesteaded property owners would be limited to a 10 percent increase as it pertains to county taxes. Page 12 Page 26 of 6529 September 4, 2025 Item #1A REVIEW AND DISCUSSION OF TENTATIVE MILLAGE RATES AND INCREASES OVER THE ROLLED BACK MILLAGE RATES MR. JOHNSON: Millage rates, this brings us to Item 1A on the agenda, discussion of the percent increase in millage over the rolled-back rate needed to fund the budget and the reasons ad valorem tax revenues above the rolled-back rate as calculated on state DR form 420 are being increased. The rolled-back rate is defined as the tax rate necessary to generate prior-year tax revenues, and this tax rate is calculated not including taxable values associated with new construction, additions, deletions, and rehabilitative improvements. The Board adopted maximum millage rates in July at the millage neutral operating levy for all countywide levies. Millage neutral rates are 3.0107, 2.0246, and 2.2096 for the General Fund, Water Pollution Control Fund, and Conservation Collier Fund respectfully. Likewise, the Unincorporated Area General Fund maximum millage rate was also set at millage neutral, or 0.6844. Levies for the General Fund and Unincorporated Area General Fund together represent the majority of the total aggregate taxes levied across all county taxing authorities for FY 2026. The FY 2026 tentative General Fund and Unincorporated Area General Fund operating capital budgets, as presented, are based upon the Board-adopted maximum millage rates. Countywide funds including the General Fund and Unincorporated Area General Fund proposed tax rates are higher than the rolled-back rate. Collier County taxable value has increased for FY '26 by 8.49 percent countywide and 8.81 percent within the Page 13 Page 27 of 6529 September 4, 2025 Unincorporated Area General Fund. With an increasing taxable value environment, the rolled-back rate will be lower than the millage-neutral rate. This -- in this case -- this is the case, I'm sorry, for FY 2026. Any questions on any of that before I move on? CHAIRMAN SAUNDERS: I don't see any. MR. JOHNSON: All right. CHAIRMAN SAUNDERS: We can move on. MR. JOHNSON: This slide contains the MSTU millage rates. Per policy, these budgets were established to cover operational needs for FY '26 and any planned allocations. The proposed maximum millage rates were set to support those budgets. Of note on this list, Haldeman Creek is proposed to be increased back to the customary 1.0000 mills. Forest Lakes Roadway and Drainage MSTU is proposed to be reduced from 4 to 2.5 mills. Sabal Palm MSTU is proposed to be reestablished at a millage rate of 1.0000. And the Private Road Emergency Repair MSTU is proposed to be established at 1.000 [sic] as well. All right. Referring to Exhibit 1A on -- 1A, Page 1, Packet Page 37, millage rates for each Collier County taxing authority have been established pursuant to Board guidance. The roster of tax rates adopted by the Board on July 8th, 2025, represents the maximum property rates that can be levied for FY '26. The cumulative aggregate rolled-back rate for all county taxing authorities, exclusive of debt service, totals 3.5870 per thousand dollars of taxable value. The proposed aggregate rate for all Collier County taxing authorities, exclusive of debt service, totals 3.7675 per thousand dollars of taxable value. This represents an increase of 5.03 percent over the aggregate rolled-back rate, and adoption of these rates at the tentative rates would necessitate a notice of proposed tax increase advertisement for Page 14 Page 28 of 6529 September 4, 2025 TRIM purposes and not simply a budget summary advertisement. Final millage rates will be adopted by the Board on September 18th, 2025. Any questions on any of that before I move on to the changes? CHAIRMAN SAUNDERS: Nope. Item #1B REVIEW AND DISCUSSION OF CHANGES TO THE TENTATIVE BUDGET MR. JOHNSON: All right. This is Item 1B, review and discussion of changes to the tentative budget. For tonight's hearing, changes from FY 2026 tentative budget that was given to everyone in July, as noted within Exhibit 1B, pertain to customary adjustments to the Tax Collector and Property Appraiser's budgets. These budgets were received in August. Adjustments to certain funds reflecting FY 2025 revenue and expense changes, which resulted in adjustments to the FY 2026 carryforward or beginning cash balance. Transfer adjustments for required rebates to the U.S. Department of Treasury related to Series 2020A, special obligation revenue bonds and Series 2021 Collier County Water/Sewer District revenue bonds. Adjustments for position reclassifications, transfers, and BCC-approved additions and other customary and routine revenue and expense adjustments required to support capital projects or operations as the FY 2026 fiscal year begins. These fund-level adjustments occur as a matter of normal operations or are necessary in accordance with previous Board action or direction. Detailed budgetary resolution changes are found within -- within Page 15 Page 29 of 6529 September 4, 2025 Exhibit 1B, Pages 4 to 24, or Packet Pages 43 to 63. A summary of these actions is described within Exhibit 1B, Page 1 through 3, or Packet Page 40 to 42. The gross budget change amount is a reduction of about -- of, excuse me, $873,200. There are no proposed changes to the maximum millage rates set by the Board on July 8th, 2025. Any questions on these budget changes since July? (No response.) Item #1C PUBLIC COMMENTS AND QUESTIONS - MOTION TO APPROVE THE MAXIMUM MILLAGE RATE AT RATE NEUTRAL FOR FY26 BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MR. JOHNSON: All right. Mr. Chair, that moves us to Item 1C, public comment and questions. CHAIRMAN SAUNDERS: Mr. Miller? MR. MILLER: We have two registered speakers on Zoom. We're going to go back to Marsha Oenick first and then to Nicole Rolando. Marsha, you're being asked to unmute yourself again, if you'll do so. I see you've done that. You have three minutes. MS. OENICK: Thank you. My name is Marsha Oenick, and I live in Naples Park. Thank you, Commissioners, department leaders, and staff for your hard work in establishing a budget that meets the goal the commissioners set a few months ago. Hopefully this budget will allow all county residents to enjoy the efficient service I have personally witnessed Page 16 Page 30 of 6529 September 4, 2025 since I moved here in 2015 with regards to the many things we need from county government, including waste management, refurbishing infrastructure, and storm sewers in my neighborhood, and care before and after the inevitable hurricanes, among many others. I look forward to continue enjoying the public library system which we learned recently is already the most cost effective in terms of per capita cost in Southwest Florida, and especially to using my local branch, Vanderbilt Beach Library, which serves an important part of the county population. Be sure our small team will continue to both ensure this branch is allowed to continue to serve that population well and to support the general well-being of the entire library system. Commissioners, I caution you as you continue to work with consultants to further improve the efficiency and effectiveness of the government to be sure the goals for their work are clear. Much of my career in an operating company of Johnson & Johnson was spent on process improvement and cost reduction both while I was leading organizations designing, delivering, and supporting projects and while I was director of process excellence in which I oversaw training of people to do this kind of work and oversaw their projects. So I personally know the difficulties and benefits of this work. When I was director of process excellence, we drilled our students and practitioners that it is critical to establish useful metrics and measures to define the work to be done and to track its progress. Sometimes this meant the project wasn't appropriate to do, as the benefits were going to be small compared with the benefits from working on other projects. Process improvement -- process improvements are the most important and the most difficult. Cutting inefficiencies in processes is hard work, especially when the process crosses multiple departments. I know this personally from my work improving the Page 17 Page 31 of 6529 September 4, 2025 product development and delivery process and the complaint-handling process, both processes that involve many departments of the company. The project to improve the procurement process is an important and critical one, and it will require a clear plan and much patience to get it defined and then get it fully implemented. Frankly, implementation is the hardest and trickiest to do, as people's jobs will be changing and management is impatient to get resolved. For this project and all others that they propose, please instruct your consultants to be very clear about the metrics they are using, what the current state of those metrics are, what the targets are, and how they establish them, and demand timelines with clear milestones to monitor progress. The county is growing at a rapid pace. You have much work to do to manage that growth carefully so that citizens who have moved here and who will move here will want to continue to stay here. Thank you for all the work you are doing, and thank you for listening to me. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Mr. Chair, your next and final speaker is Melinda Brankow -- or excuse me -- Nicole -- I got that wrong, Nicole Rolando. Nicole, you're being asked to unmute yourself, if you'll do so at this time. I see you have that, Nicole. You have three minutes. MS. ROLANDO: I wanted to thank you for all the efforts and the time that you spent on this to enhance our community. I have lived here since '92, and I hope to continue using the Vanderbilt library. I support all the comments by Ms. Oenick. And my intentions in following your process is to save the library, which it appears you did, and to continue to give us good service, because you have young and older population, and we want them to continue Page 18 Page 32 of 6529 September 4, 2025 reading. Thank you. MR. MILLER: And that was our final registered speaker, Mr. Chair. CHAIRMAN SAUNDERS: We will close the public hearing. Any questions or comments from the Commission? (No response.) MR. JOHNSON: Thank you, Mr. Chairman. That moves us on to a time for discussion. CHAIRMAN SAUNDERS: I don't see any lights lit up here, so unless there's -- Commissioner Hall. COMMISSIONER HALL: So the purpose of tonight is to have a preliminary talk about what we're going to finally do on next -- the last Thursday, on the 18th? MR. JOHNSON: Correct. COMMISSIONER HALL: Okay. And the budget guidance that came forth earlier in the year was 3 percent operational, 5 percent capital. MR. JOHNSON: Yes, it was, and that was under an umbrella of 5 percent increase in taxable value. COMMISSIONER HALL: Okay. Well, the way that I see it, going back, you know, the proposed budget at millage neutral, that, to me, was a maximum figure, and that would give us an additional $38 million in revenue with the increase in values and the net new stuff? MR. JOHNSON: Let me pull up a slide for you, Commissioner. I think it will show exactly what you're looking at. COMMISSIONER HALL: It's that one. MR. JOHNSON: Yep. This one right here. In the General Fund, yes, 38.2. OPPOSING COUNSEL: And so the difference of the Page 19 Page 33 of 6529 September 4, 2025 rolled-back rate that we had, if we wanted to go rolled-back again, the difference would be 25 million bucks, is what we would -- it would be short. MR. JOHNSON: In the General Fund, 25.4. COMMISSIONER HALL: I'm only going to talk about General Fund, yeah. MR. JOHNSON: Correct, yes. COMMISSIONER HALL: Okay. Four or five things. When I was elected, I ran hard on smaller government, better efficiency, less taxes, less government, and I signed a no tax increase pledge, and I meant it. I meant it with everything in me. I understand that we can't roll back our taxes every year in perpetuity. I'm smart enough to know that, but two years ago we all agreed that we would do the hard work. We would make the hard decisions, we would go to work, roll up our sleeves, take the deep dive, and do what was necessary to establish our priority-based budget based on the data that came forth. So we hired ResourceX. We got the insights from them, which is a softball -- it's a soft term for how to raise revenue on the revenue side. And we're just now getting into Phase 2 where we're working on the expense side or the efficiency side. They're going to call those things options -- viable options for us. Like I said, once we do that, once we establish our priority-based budget, those are going to be the bones that we can operate on with small adjustments year after year. The framework will be there, the hard work will be done, and the only way to get that is to let the process run out. I didn't dream that we would be going into the third year, but we're going into the third year. Our budget policy -- our budget policy, like I said, and our adopted millage, I considered to be a maximum. Would it be just really easy to just do it? Yeah, it would really be easy just to do it, Page 20 Page 34 of 6529 September 4, 2025 which we've already done the work, we've already done the resolutions, we've already got everything approved, and we could just go, boom, let's do it, but I don't want to. I don't want to do that. I want to do -- I want to continue my commitment to do the hard work and to get this budget where we really want it going into the future. We have the data; we have the viable options to make the harder decisions. They're not going to happen tonight. They're not going to happen by next Thursday night. Any increase in the General Fund on the taxpayers' bill is a tax increase. You can say millage neutral is not a tax increase. You can say it till -- can say it till your hair falls out. It is a tax increase. It's -- as a matter of fact, it's a tax increase to 38 million bucks overall. The net new values were almost $13 million. So 13 million of the 38- is in growth. That leaves us $25 million short. So I want to set -- I want to let this process roll out. I want to see it and give it some time to roll out while not being a burden on the taxpayer. And to do that, we've got our budget set to go to the rolled-back rate, and to collect the same amount, we're $25 million short. I know that this is not going to be very popular, and I really don't give a rip, and I'll repeat, don't give a rip. I don't want to take from another -- another fund, but I do want to charge a less millage rate on that fund. I'm talking about Conservation Collier. Last year at the rolled-back rate, I think they paid, like, a .20 something millage, and it generated $32 million. I would like to make up this $25 million deficit and charge whatever -- whatever millage we have to charge to leave 10 million in Conservation Collier and let the 25 million roll to the rolled-back. Am I making sense? You know what I want to do? MR. JOHNSON: I think I hear you, Commissioner. Reducing Page 21 Page 35 of 6529 September 4, 2025 the -- COMMISSIONER HALL: We're going to charge the same rate -- we're going to charge the same 3.0 something that we did last year to the taxpayer; however, 25 million of it's going to the General Fund and not to the Conservation Collier. So we're going to charge a lesser millage for the Conservation Collier portion -- MR. JOHNSON: Gotcha. So you're going to reduce the Conservation Collier millage to make the countywide be at millage -- I'm sorry -- at rolled back. COMMISSIONER HALL: Right. And that gives us the money -- (Simultaneous crosstalk.) COMMISSIONER HALL: -- to operate till we let this process roll out. It's going to leave $10 million in the Land Acquisition Fund for Conservation Collier. At the same time, I think we're about to put 60 million in the maintenance; is that right? MR. JOHNSON: Correct. COMMISSIONER HALL: Okay. MR. JOHNSON: The current budget is putting about 62 million -- COMMISSIONER HALL: So there's 42 million in there now. (Simultaneous crosstalk.) COMMISSIONER HALL: So we're going to put -- we're going to leave -- and that's what's really important in perpetuity is that maintenance account. And if, by chance, something came along that was a dream property in 2026, we're not to the position where we would have to just pass. We still have the funds in the maintenance that we could use to purchase that. We still have $42 million left. I think there's going to be a balance of 42 -- or 52 or 62 million? If we put 10 million in there this coming year, what's in there -- what would be the Page 22 Page 36 of 6529 September 4, 2025 total? MR. JOHNSON: Are you talking land acquisition? COMMISSIONER HALL: Yeah, land acquisition. MR. JOHNSON: So the FY 2026 budget -- and again, this is total budget for that -- for that fund, is $56.3 million approximately. 34.3 of that is for land acquisition. COMMISSIONER HALL: If we put 10- more in there, they'd still have $44 million as land acquisition. MR. JOHNSON: The land -- that's based on the whole amount going in. And so land acquisition would be down to -- would be down to 10 million for that specific line item. The fund would drop by about 25 million. So you'd go from 56- to 31- in the Land Acquisition Fund budget-wise. COMMISSIONER HALL: And then in addition, we have 60 -- 64 million in maintenance? MR. JOHNSON: There is -- COMMISSIONER HALL: There would be 121 million total if we charge -- if we went with this proposed budget. So less 25- of that. So we're still going to have -- MR. JOHNSON: Correct. If you add the two funds together, next year's budget, the two funds together, it's about $121-plus million. If you took out 25- from it -- COMMISSIONER HALL: So we'll still have $95 million in the whole program? MR. JOHNSON: Correct. COMMISSIONER HALL: And that's pretty -- that's pretty robust. So those are my thoughts. CHAIRMAN SAUNDERS: Let me ask a quick question. We do have the Williams property acquisition that's going to close here fairly soon, so that's going to reduce that amount -- that number, the 95 million, by how much? Page 23 Page 37 of 6529 September 4, 2025 MR. JOHNSON: Commissioner, that was taken into account in the forecast. CHAIRMAN SAUNDERS: Okay. MR. JOHNSON: Moving into next year. CHAIRMAN SAUNDERS: So all these numbers -- MR. JOHNSON: So those numbers that I was speaking to are next year's numbers. I'm just going to look back to make sure. Yep, yep. It was in the forecast. So those numbers will be -- COMMISSIONER HALL: Twelve or 13 million. MR. JOHNSON: Those numbers for next year will be after that property -- COMMISSIONER LoCASTRO: They're big numbers, Chris. Get it right. Take your time. MR. JOHNSON: That's why I have these people behind me. COMMISSIONER HALL: Mr. Chairman, that puts us up -- Williams Ranch was 12 or $13 million for the Conservation Collier portion of it. COMMISSIONER KOWAL: If I had one more vote, you would have kept that money. CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: Yeah. I want to just get clarity. So I'm writing all these notes down trying to figure out what we're talking about here. So what Commissioner Hall's proposing, he's just looking at the General Fund saying, we go with -- when we vote next meeting, and we hit the gavel and everything's done, said and done, we would have the rolled-back rate percentage for the General Fund. We make up the 25 million that we lose for the rolled-back -- moving to the rolled-back out of adjusting the millage rate to Conservation Collier, but the other -- the Water Pollution Control, are you considering leaving that at the neutral? Page 24 Page 38 of 6529 September 4, 2025 COMMISSIONER HALL: Yeah. That's just 200,000 bucks, yeah. (Simultaneous crosstalk.) COMMISSIONER KOWAL: The one we're really making up the difference of -- through the Conservation Collier? MR. JOHNSON: So if I may, Commissioner, looking at this slide here, you can see the millage rates. So what I think Commissioner Hall is describing is this is the rolled-back right here. These three add up to 3.0781 at rolled-back, and at millage neutral it adds up to 3.2449. We would reduce the Conservation Collier number to get this -- to get this number to equal this number. COMMISSIONER KOWAL: This number -- MR. JOHNSON: Essentially, is what I'm -- am I correct, Commissioner? COMMISSIONER HALL: You got it. I'm glad I communicated so well. COMMISSIONER KOWAL: Well, not actually, because if the Water Pollution Control stayed at neutral, that number would be slightly larger. MR. JOHNSON: These -- the two numbers here for General Fund and Water Pollution would stay the same. You'd reduce Conservation Collier to -- by this amount here -- where is it? -- .1668 to get to this number. So, essentially, this would go down, and that would make up for those two staying the same. CHAIRMAN SAUNDERS: You've got a calculator there -- MR. JOHNSON: I do. CHAIRMAN SAUNDERS: Can you give us the number so we know what we're talking about? MR. JOHNSON: Certainly. So Conservation Collier would go to -- COMMISSIONER KOWAL: So the Water Pollution would go Page 25 Page 39 of 6529 September 4, 2025 back to rolled-back? MS. PATTERSON: No. MR. JOHNSON: No. It would stay -- COMMISSIONER KOWAL: But you keep saying that. So that number is going to change? It's going to stay at .0246? MR. JOHNSON: So -- yeah. Let me just -- COMMISSIONER KOWAL: So that number will be actually larger than 3.078. CHAIRMAN SAUNDERS: Just so I understand it -- COMMISSIONER HALL: The numbers -- CHAIRMAN SAUNDERS: I'm not sure if I understand this, but all the millage rates would be millage neutral, except Conservation Collier would be reduced enough to have that equate to rolled-back. MR. JOHNSON: Correct, correct. COMMISSIONER KOWAL: The General would be rolled-back. All the rest would be neutral except for Conservation Collier and General. General would go back -- COMMISSIONER LoCASTRO: No. COMMISSIONER KOWAL: -- would reduce, and Conservation Collier would -- MS. PATTERSON: No. We're going to achieve -- under this scenario, we achieve rolled-back in the General Fund -- so that's General Fund, Water Pollution, Conservation Collier -- by reducing Conservation Collier's millage to achieve the rolled-back rate. So General Fund itself and Water Pollution would remain at millage neutral, and Conservation Collier would be rolled back actually beyond the rolled-back rate to achieve the combined rolled-back. COMMISSIONER HALL: It's just going to make up that 25 million. MR. JOHNSON: And then that millage rate would be 0.0428. Page 26 Page 40 of 6529 September 4, 2025 CHAIRMAN SAUNDERS: Okay. Wait a minute. I can't write that fast. MR. JOHNSON: Oh, no problem. CHAIRMAN SAUNDERS: You're on Conservation Collier millage rate, which right now is .2096, and that would go to what? MR. JOHNSON: 0.0428. CHAIRMAN SAUNDERS: Okay. And I'm going to double-check my number. COMMISSIONER HALL: Can I clarify one thing on that? CHAIRMAN SAUNDERS: Yes. Commissioner Hall. COMMISSIONER HALL: I just wanted to clarify, on this, if we do this, this is not a precedence. I'm not going to be looking to do this year after year after year. I was hoping that we didn't have to do it at all, but since the process has taken us now into the third year, it's the only way that we can be fair to the taxpayers, leave Conservation Collier a rope -- in a robust situation, and let us get the hard work done in Phase 2 this year with ResourceX. And so I just wanted the public to know that this is not going to -- something that I'm going to be pitching year after year after year, and I'm serious about that. COMMISSIONER KOWAL: I guess my question -- I just want to make it clear, the day I vote on this, the General Fund millage rate is going to be the rolled-back rate? COMMISSIONER McDANIEL: Correct. COMMISSIONER KOWAL: Correct. MS. PATTERSON: The combined. MR. JOHNSON: The combined rate. So when you look at your TRIM notice -- and let me just go back to this. This might also help. So -- and I apologize. This is small. But you see on your TRIM notice where it says county General Fund, and the rate here, the rolled-back rate is 3.0781, that's the combination of those three taxing Page 27 Page 41 of 6529 September 4, 2025 authorities. COMMISSIONER KOWAL: I understand that. MR. JOHNSON: So, yes, that would be at rolled-back. COMMISSIONER KOWAL: I understand that, but he specifically pointed out $25-some million. That is just the first line, the difference, and he's having you make up that difference by changing the millage rate of Conservation Collier, not changing the Water Pollution rate. That's what I'm trying to say. MR. JOHNSON: Yeah. COMMISSIONER KOWAL: He didn't pick -- he didn't choose all the lines. He just chose the 25 million. So what I'm trying to say is, the only one that's going to be at rolled-back will be the top line at 2 point whatever. Then Conservation will be diminished to make up the 25 million on the far-right column. MR. JOHNSON: I get your question, and you're 100 percent right. We would have to reduce it by this number, $27.5 million, to get everything to rolled-back. COMMISSIONER KOWAL: To get everything to rolled-back, yeah. MR. JOHNSON: So. Yes, yes. And to do that -- COMMISSIONER KOWAL: But that's not what you said. MR. JOHNSON: That's the number that I allocated. COMMISSIONER HALL: I was just talking General Fund. CHAIRMAN SAUNDERS: Okay. So what does that leave you for Conservation Collier for the millage rate, then? MR. JOHNSON: That would be the one I just gave you. CHAIRMAN SAUNDERS: So that number's still correct, all right. MR. JOHNSON: Yep. CHAIRMAN SAUNDERS: All right. Commissioner McDaniel. Page 28 Page 42 of 6529 September 4, 2025 COMMISSIONER McDANIEL: I can see where you're going. I can understand what it is that you're doing, but I think we have to give consideration to what we -- what we, as a commission, have already accomplished. Three years ago, we rewrote the vision statement, the mission statement, the business plan, and budget priorities. The next year we did a rolled-back and saved the taxpayers $62 million, and that carries forward again for the next year, and then last year we did a rolled-back again on all of our taxable values, and that was equivalent to about 40, 42 million plus/minus, somewhere in there. MR. JOHNSON: Here's the slide on that, Commissioner. COMMISSIONER McDANIEL: There you are right there. And that's the cumulative reduction in taxes that we've been able to effectuate. MR. JOHNSON: And that's the 152.6 million. If you go to the bottom there, that would be this year at millage neutral. It would -- compared to the old rate from 2022, it would be another $104.2 million. COMMISSIONER McDANIEL: Combined. That's been -- that's been the effectuated savings, if you will, that we've been able to -- that we've been able to accomplish. I would give -- I would give some thought -- and I'm not saying total yes, and I'm not saying total no to what you've proposed, but I would give some thought to a rationale that you and I both know about, and that's you cannot cut your way to prosperity. And we are direly deficient in our reserves, especially the new reserve account, the 301 Fund, the capital asset replacement and maintenance fund. In my thoughts, as I was going through all these numbers, and that sort -- those things, I had intentions of staying at rate neutral. Our budget that staff prepared this year in February -- and we worked Page 29 Page 43 of 6529 September 4, 2025 all the way through -- is prepared on the expense side at rolled-back plus 3 on O&M and 5 on capital; is that correct? MR. JOHNSON: It's -- no, it's -- COMMISSIONER McDANIEL: The expense budget? MR. JOHNSON: No, it's at that 5 percent increase, which is a little above rolled-back, about $10 million, because that was budget policy was the 5 percent taxable-value increase. COMMISSIONER McDANIEL: Where did I get the 3 and the 5 at? MR. JOHNSON: That was the operating and capital compliance that we gave the departments. COMMISSIONER McDANIEL: Okay. Okay. So that was the compliance that was done. MR. JOHNSON: Correct. COMMISSIONER McDANIEL: So it was -- it was -- but it was prepared at rolled-back plus 5 -- plus 5 percent. MR. JOHNSON: It was -- COMMISSIONER McDANIEL: For year-over-year expense. MR. JOHNSON: It was prepared initially -- initially was the 5 percent increase in taxable value. The current budget is at millage neutral. That includes expanse. COMMISSIONER McDANIEL: Maybe I'm not asking the question properly. The budget that we put forth to be adopted by our departments was prepared on rolled-back plus 5 -- MR. JOHNSON: It was -- COMMISSIONER McDANIEL: -- year over year expense? MR. JOHNSON: It was prepared at 5 percent taxable value increase. So that's what we utilized as the model. Now, we gave them a 3 percent rail, if you will, on the operating side, and a 5 percent rail on the capital side. But when you put all that together, it was under an umbrella of a 5 percent taxable value Page 30 Page 44 of 6529 September 4, 2025 increase, which at the time, given the State's estimates, we thought would be right around the net new taxable value increase. It came in a little lower. COMMISSIONER McDANIEL: And you're talking about taxable valuable, and you're talking about revenues that come from staying rate neutral or going to rolled-back. I'm talking about the expense budget that we put forth in February was based upon last year's taxable value. MR. JOHNSON: Plus 5 percent. COMMISSIONER McDANIEL: Plus 5 percent. MR. JOHNSON: Yes, correct. COMMISSIONER McDANIEL: He and I go round and round and round, because he's a "fund accounter." He lives over in this accounting world called "funds," and it's not -- and that's f-u-n-d, not f-u-n. And so my thoughts are we need to fund our reserves. We're direly deficient, and specifically in that one fund, which is the 301 fund, we've got close to $2 billion worth of assets that need to be accounted for that need to be maintained. So my -- I'm not saying yes to your proposition, Commissioner Hall. I'm not saying no. I have to give that some consideration. I also know that we have, with the acquisition of the Williams -- of the Williams farm, we're going to accomplish a Comp Plan amendment. We're going to swap those farm fields out of the RLSA in the developable area. We'll still use them for our own development purposes, but we're going to move that slough into the RLSA, and we all know how much of an environmental asset that is going to be to our community, alleviating flooding in Immokalee, water quality -- water quality going over into Lake Trafford and so on. So I'm -- I have a -- my thought process, I'm leaning more towards staying at rate neutral and plowing the spread between Page 31 Page 45 of 6529 September 4, 2025 rolled-back and rate neutral, plowing that into the 301 fund. That fences it off. It can't be spent on anything along those lines except for staff-driven and Board-directed expenditures. CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I'm not saying yes or no either because we don't have to, right? We're coming back in here on the 18th of September. CHAIRMAN SAUNDERS: We do have to be a little careful about what we say yes to today, because it will limit us what we can say yes to at the next meeting. COMMISSIONER LoCASTRO: Here's my thoughts. I understand the math. I don't need to see any of the slides. I get it. All great questions as we're trying to interpret the numbers. But it's clear, you know, to get to that rolled-back number, you change Conservation Collier. All the other numbers stay the same. You change Conservation Collier down to .0428, and it gives you the bottom-line rolled-back number when everything else stays millage neutral, which is what we were -- we were leaning towards. I'm not saying yes or no either, but my initial feeling -- and I like the brainstorming that we're doing here, but my initial feeling is we've tinkered with Conservation Collier quite a bit, and it's the only thing on the slide that the voters really voted for separately. And so I don't mind seeing the numbers on the 18th, and by us talking about it here, I'm sure in-boxes are going to be filled with citizen feedback, and that's all part of being an elected official. I don't want to do a knee jerk because we heard a really interesting idea at 5:58 today, and we don't have to say yes or no now. But I just -- my initial thoughts are caution because, like I said, we've tinkered with Conservation Collier to move some money around, and I think -- I know that was a smart thing to do. I Page 32 Page 46 of 6529 September 4, 2025 supported it. We all, you know, got rocks thrown through our windows by some people, but we were trying to make sure that fund just didn't get money thrown in it; that it was actually managed properly. We totally changed the whole Conservation Collier program, leadership, and it's now managed and led much better. But I'd need to chew on this one a little bit, too, maybe similar to Commissioner McDaniel, because I go back to this is a citizen-voted-on program. My initial thoughts deep down were if we thought that the fund was fully funded or had enough money in it, then one of our proposals could be, "Hey, you know, send this back to the polls. Have citizens decide if they want to keep Conservation Collier funded or if they want to fund it less," but, you know, it's the one thing that has citizen input that the other things don't. You know, we're here to make command decision for the citizens, but Conservation Collier's a little bit different of an animal. So I'm not saying yes or no. I just -- I think we should proceed with caution before it looks like we're haphazardly moving too much money around without -- without thought to it. On the flip side, I know none of us are oblivious to some slides that show a huge amount of investment that's still needed in the County. None of us are oblivious to that. So, you know, I have supported the millage-neutral rate because I still don't think we've gotten a deep -- we've done a deep enough dive with ResourceX. We've gotten all that feedback. I mean, it's actually not -- I don't think it's 100 percent correct to say we've been in it for two years, you know. I mean, ResourceX needed time to do some things, and we're just starting to see some of the ideas and the fruit and whatnot. And in conclusion, I'll just say -- and you and I had this conversation, Chris. Aren't we going to be sitting right back here in January, which is just a few months from now? So if we -- if we Page 33 Page 47 of 6529 September 4, 2025 decided to not do it, make a big, giant, huge muscle movement or make some big sort of change and we realize we should have or we could have or now we have more information from ResourceX, we're going to be sitting here in a few months with, I would hope, a lot more information in our hand, not only from our constituents, but from our consultant that's peeling back the onion and having us take a look at things, and I think we would have -- we would be making much more educated adjustments at that point. So that's sort of where I'm sitting now. I have until September 18th to think about it. But I just feel like we've tinkered with Conservation Collier quite a bit, for the advantage of the county. Anything more aggressively, I -- it starts to -- starts to be something that I question. MR. JOHNSON: And you are correct, the timeline does start over January, February. COMMISSIONER LoCASTRO: Right. CHAIRMAN SAUNDERS: For me, I can -- I think I can say that I would be a no on the proposal, and there are a couple reasons for that. If we reduce the millage rate for Conservation Collier to .0428, it's never going back up. There's no way we're going to raise that rate because that will result in a millage rate increase, and we're not going to do that. So what we're doing if we do this is we are basically saying -- I don't know how much money you generate at .0428, but that would -- that would be the new permanent millage rate for Conservation Collier until we increase that at some point in time, but -- which would result in a millage increase. So we're not going to do that. So for me that's kind of a hard no on that proposal. But how much money does that .0428 raise? I think you said about 10 million. MR. JOHNSON: It's $7 million. Page 34 Page 48 of 6529 September 4, 2025 CHAIRMAN SAUNDERS: Seven million, okay. MR. JOHNSON: A little over 7. CHAIRMAN SAUNDERS: So that's one thing. I don't know how Conservation Collier gets put back up to the .25 or the .2096, so I would not support that proposal. I believe that -- you know, that millage neutral is the way to go. That's the position I would take. I realize that that is a tax increase, but we have needs in this community that we're going to have difficulty meeting if we continue to roll the millage rates back. Marco Island is a perfect example. They've boasted about how they've rolled the millage rate back year after year after year. This year they're asking -- they initially started off with a 30 percent increase proposed for their millage rate. They've reduced that to a 20 percent increase in their millage rate this year, because they continued to reduce the millage rate to rolled-back without proper consideration for the future needs of Marco Island. And I think that if we're not careful, we're going to be doing the same thing. So I -- my vote is with -- is going to be with millage neutral. But if there is a motion made in reference to this particular proposal, I will not support it because I think that's really gutting Conservation Collier and, as Commissioner LoCastro pointed out, that's the one line item that 70 percent-plus of the voters in Collier County approved. I don't see anybody else lit up. Any other comments? Then -- Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. It sounds like our discussion's always, you know, it's either millage neutral or rolled-back. Is there an in between? MR. JOHNSON: Yep. You can go anywhere in between. COMMISSIONER KOWAL: I mean, we look at new -- I mean, what was it, 4.3 billion and 3.2 billion in new taxable value. So that's Page 35 Page 49 of 6529 September 4, 2025 taxable value that wasn't involved in last year's budget when we rolled back to millage neutral. So that wouldn't be new taxes. We're not raising taxes on anybody. That's the taxes they came in at. MR. JOHNSON: Correct, and that -- and it's 4.2 countywide. The 3.2 is a portion of the 4. COMMISSIONER KOWAL: Yeah, okay. MR. JOHNSON: Yeah. And yes, you're correct, that's net new taxable value. So new rooftops, essentially. COMMISSIONER KOWAL: So in reality, they're coming in at the tax rate, what they're coming in at, so you're not really raising taxes on them. I mean, it's new -- it's new to the County. MR. JOHNSON: Yeah. COMMISSIONER KOWAL: Okay. It's a new revenue. MR. JOHNSON: Correct. COMMISSIONER KOWAL: Right? So that's what I'm saying, I mean. So there's probably a difference here that we can probably come to a point where we can actually not be at millage neutral, still lower the taxes to a point and still achieve what we want to achieve and not go all the way back to rolled-back. Because I'll be honest, I think we need to have a serious conversation here in the near future about the percentages. And if we take -- like Commissioner Saunders just said, you know, if we keep taking Conservation Collier down -- our power we have is the fact that whatever they collect, we have the power to put it in what pot we want to put it in as the Board of County Commissioners. It's a part of what we can do. And historically, we always did 25 percent to the maintenance fund. So I think the maintenance fund is the most important thing moving forward. And if we diminish what we're going to collect on it, we're going to have a harder time getting to a magic number to get Page 36 Page 50 of 6529 September 4, 2025 to the point where we're working off interest to maintain these properties into perpetuity. So that's something that -- I want to have that serious discussion at some point that maybe we need to do a 50/50 moving forward, and -- but if we diminish this to a point where it's not -- it's only making $7 million a year, it's not going to achieve that. I just have a hard time seeing that happening, because -- regardless if we increase the percentage over to the maintenance. MR. JOHNSON: And if I may, Commissioner, the updated budget for Conservation Collier is putting about 50 percent of the new tax into the maintenance fund. So with your new ordinance, we were able to do that. It's not -- it's up to you guys. It's not as prescribed as it was in the past, so... COMMISSIONER McDANIEL: I like that. COMMISSIONER KOWAL: So I just -- you know, there's a number there somewhere that I want to find, and I just don't -- you know, I don't have a big enough brain to do that math. But I think if you take the new taxable values, you figure you subtract that from something and figure out where we're at, and we're not raising taxes, we're lowering tax, but we're not going all the way back to rolled-back at some point. I think there's a number there. So I just don't want to get stuck at having one or the other, and it seems like that's where we're at. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. Well, the difference could be we could -- we could raise the Conservation Collier millage to only take 12 million and then lower the -- we could lower the millage neutral to make -- a little bit to make up that 25 million bucks. We could combine those two, because that's what Commissioner Kowal was talking about. There's a number in the middle somewhere. Page 37 Page 51 of 6529 September 4, 2025 And I just want to say, I could leave the Conservation Collier thing alone. I would love to fully fund them to .25 mills from now on so that they can all live happily ever after. You know, if they had 300 million in their bank for maintenance and perpetuity, they're going to need it eventually. So I'm not -- I disagreed with Commissioner Saunders on that would say that we're never going to get back there. I only wanted to do that while we allowed ResourceX's process to roll out. Once that process rolls out, if we don't achieve the savings that we think that we can get, we're just going to go with it. It is what it is. But until we get to that, I was just trying to find a happy medium to let the process roll out. Raise the 25 million that we would be short. So we would basically have the same amount of money at millage neutral, but we would charge the taxpayers rolled-back for the General Fund and make up the difference with a lower millage rate for Conservation Collier this one year. And I'll go on record saying I'll leave Conservation Collier alone after this year. CHAIRMAN SAUNDERS: All right. Just a question for the County Attorney in terms of, if we -- whatever the motion is that we make tonight in terms of -- because we're going to talk about a millage rate that we're going to be setting tonight. MR. KLATZKOW: You're not setting the millage rate. You're setting the maximum millage rate. CHAIRMAN SAUNDERS: I hadn't finished my question, Mr. Klatzkow. I said, we're setting a millage rate. We're voting on a millage rate tonight. That millage rate will be the maximum that we can consider at the next meeting. MR. KLATZKOW: Yes, sir. CHAIRMAN SAUNDERS: So I just wanted that to be clarified for the record, that everybody knew that. You know, we can talk Page 38 Page 52 of 6529 September 4, 2025 about the next budget hearing, but if we vote on a particular millage rate tonight, even though it's not the permanent one, it is going to be one that's going to be our cap going forward. So, Commissioner McDaniel. COMMISSIONER McDANIEL: I'll make a motion we stay at rate neutral. COMMISSIONER LoCASTRO: I'll second it. CHAIRMAN SAUNDERS: All right. We have a motion and a second. Any discussion on the motion? COMMISSIONER HALL: And that's just going to be for the discussion of tonight? That just keeps the maximum. CHAIRMAN SAUNDERS: That's correct. COMMISSIONER HALL: Do it. COMMISSIONER McDANIEL: We can sit here and debate this all night long, but we're not doing -- we're not -- (Simultaneous crosstalk.) COMMISSIONER HALL: I was going to say, I don't think I -- I'm not going to make a motion for what -- my comments. COMMISSIONER McDANIEL: We're not making the sausage until the 18th. CHAIRMAN SAUNDERS: You know, your motion's going to pass. I'm going to vote for it, and I assume it will probably pass unanimously. But when we get here in two weeks, we need to have some kind of idea in our minds individually as to where we want to go with this, because we'll be here until 2 o'clock in the morning again. COMMISSIONER HALL: No, no, no -- COMMISSIONER McDANIEL: No. CHAIRMAN SAUNDERS: -- if we don't let staff have some idea what we're thinking. So, Commissioner LoCastro. Page 39 Page 53 of 6529 September 4, 2025 COMMISSIONER LoCASTRO: I'll just make the comment. I just want to make sure we don't put the cart before the horse. I mean, I appreciate everything that's being said here by Commissioner Hall and all the commissioners, but I would like to see a little more meat on the bone from ResourceX. And I think it's coming. We're deeper into it. And I'd be very comfortable doing something aggressive if I had some evidence in my hand that, "Wow, we just found a big chunk of savings here, and we decided that this program was overfunded, and we're spending too much for this." And, you know, I think that's the more prudent way to do it, not make a major muscle movement now because we have -- we're hopeful. You know, they always say, "Hope's not a course of action." I also think if we don't make a big muscle movement -- and I think we are making a muscle movement. Millage neutral, let's not -- that's a pretty big deal. Like Commissioner Saunders just said, in my own district, Marco Island's, you know, fighting pretty hard, and other counties. Millage neutral's like a dream. So I think we've done some good things here because we're looking at where we can find efficiencies and maximize ResourceX's recommendations, and even the own things -- the things that we are finding on our own and as well as the hard work that our County Manager and her staff's doing. But like I said, we're going to blink, and we're going to be back in here in January, and I think when I see some meat on the bone and I see some savings, I think it's a lot of easier to decide to move some money around when we know what we're moving. And I think also, too, it incentivizes not only ResourceX but us specifically to make sure that we keep a sense of urgency because we're trying to save even more money for the taxpayer or be more efficient with their taxes, and we're -- as we march towards that January date, noting that -- knowing that we might -- we should have a lot more detail, I Page 40 Page 54 of 6529 September 4, 2025 think, we'll all work a little bit maybe harder, faster, dig a little deeper, because that's where we're really looking to make changes that make sense, possibly. I just don't think we're there yet. But like Commissioner Saunders said, we just voted on what would be the maximum, which would be millage neutral, but the 18th could be a long meeting if we don't do our homework between now and then. MR. JOHNSON: We're ready for it, if we need to. COMMISSIONER KOWAL: Chris is going to be in my office a lot. COMMISSIONER LoCASTRO: Thanks, Chris, for all your help. You know, I've said this before, but sometimes citizens don't realize you spend a lot of time with us separately, and your staff that's sitting here and, you know, these slides just don't produce themselves and the numbers and whatnot. I appreciate your sense of urgency and how easily you and your staff have been reachable, you know, to answer questions that I've had, and I'm sure the commissioners, all of us, feel the same way. So thank you so much. MR. JOHNSON: You're welcome. Thank you, Commissioners. CHAIRMAN SAUNDERS: All right. We have a motion and second. Any further discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) Page 41 Page 55 of 6529 September 4, 2025 CHAIRMAN SAUNDERS: That passes unanimously. Item #1D ANNOUNCEMENT OF TENTATIVE MILLAGE RATES AND PERCENTAGE CHANGES IN PROPERTY TAX RATES - READ INTO THE RECORD BY CHRIS JOHNSON MR. JOHNSON: All right. Commissioners, that brings us on to the best part of the night, the announcement of the tentative millage rates. So that's Item 1D. As I'm sure you are aware, the Florida TRIM statutes require that I announce the tentative millage rates, the rolled-back millage rates, and the percent change from the rolled-back millage rate into the record to the adoption of the tentative millage rates under Agenda Item 1E, which is on Packet Page 64. So without further ado, if it pleases the Board, I will begin. CHAIRMAN SAUNDERS: It probably doesn't please the Board, but ago ahead and -- MR. JOHNSON: I put that in there for that reason. If you guys would like to follow along, it's on Page 65 of the packet or -- CHAIRMAN SAUNDERS: We're going to wait for the -- we'll wait for the movie. COMMISSIONER KOWAL: It's on tape. MR. JOHNSON: All right. Well, let me get started then. General Fund 0001, the proposed millage rate is 3.0107. The rolled-back millage rate is 2.8564. The percent change from the rolled-back rate is 5.4 percent. The Water Pollution Control Fund 1017, the proposed millage rate is 0.0246. The rolled-back millage rate is 0.0233. The percent Page 42 Page 56 of 6529 September 4, 2025 change from the rolled-back rate is 5.58 percent. Conservation Collier Fund 1060 [sic], the proposed millage rate is 0.2096. The rolled-back millage rate is 0.1984. The percent change from the rolled-back rate is 5.65 percent. Unincorporated General Fund 1011, the proposed millage rate is 0.6844. The rolled-back millage rate is 0.5 -- I'm sorry -- 0.6506. The percent change from the rolled-back rate is 5.2 percent. And I apologize. I'm going to -- on Conservation Collier, I accidently said 1060. The fund is 1061. Moving on to Golden Gate Community Center Fund 1605, the proposed millage rate is 0.1862. The rolled-back millage rate is 0.1786. The percent change from the rolled-back rate is 4.26 percent. Victoria Park Drainage Fund 1608, the proposed millage rate is 0.3814. The rolled-back millage rate is 0.3634. The percent change from the rolled-back rate is 4.95 percent. Naples Park Drainage Fund 1613, the proposed millage rate is 0.0041. The rolled-back millage rate is 0.0039. The percent change from the rolled-back rate is 5.13 percent. Vanderbilt Beach MSTU Fund 1617, the proposed millage rate is 0.4650. The rolled-back millage rate is 0.4438. The percent change from the rolled-back rate is 4.78 percent. Ochopee Fire Control Fund 1040, the proposed millage rate is 4.0000. The rolled-back millage rate is 3.7959. The percent change from the rolled-back rate is 5.38 percent. Goodland/Horr’s Island Fire MSTU Fund 1041, the proposed millage rate is 1.2760. The rolled-back millage rate is 1.1793. The percent change from the rolled-back rate is 8.20 percent. Sabal Palm MSTU Fund 1619, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.0000. This millage is being reinstated; therefore, there is no percent change from the rolled-back rate. Page 43 Page 57 of 6529 September 4, 2025 Lely Golf Estates Beautification MSTU Fund 1620, the proposed millage rate is 2.0000. The rolled-back millage rate is 1.8930. The percent change from the rolled-back rate is 5.65 percent. Golden Gate Parkway Beautification MSTU Fund 1621, the proposed millage rate is 0.5000. The rolled-back millage rate is 0.4784. The percent change from the rolled-back rate is 4.52 percent. Hawksridge Stormwater Pumping MSTU Fund 1622, the proposed millage rate is 0.0318. The rolled-back millage rate is 0.0316. The percent change from the rolled-back rate is 0.63 percent. Radio Road Beautification MSTU Fund 1625, the proposed millage rate is 0.1000. The rolled-back millage rate is 0.0949. The percent change from the rolled-back rate is 5.37 percent. Forest Lakes Roadway and Drainage MSTU Fund 1626, the proposed millage rate is 2.5000. The rolled-back millage rate is 3.7448. The percent change from the rolled-back rate is negative 33.24 percent. Immokalee Beautification MSTU Fund 1629, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.9573. The percent change from the rolled-back rate is 4.46 percent. Bayshore Avalon Beautification MSTU Fund 1630, the proposed millage rate is 2.1104. The rolled-back millage rate is 1.9304. The percent change from the rolled-back rate is 9.32 percent. Haldeman Creek Dredging MSTU Fund 1631, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.9034. The percent change from the rolled-back rate is 10.69 percent. Rock Road MSTU Fund 1632, the proposed millage rate is 0.7224. The rolled-back millage rate is 0.7019. The percent change from the rolled-back rate is 2.92 percent. Vanderbilt Waterways MSTU Fund 1635, the proposed millage rate is 0.3000. The rolled-back millage rate is 0.2859. The percent change from the rolled-back rate is 4.93 percent. Page 44 Page 58 of 6529 September 4, 2025 Blue Sage MSTU Fund 1640, the proposed millage rate is 3.0000. The rolled-back millage rate is 3.0620. The percent change from the rolled-back rate is negative 2.02 percent. Collier County Lighting Funding 1601, the proposed millage rate is 0.1025. The rolled-back millage rate is 0.0977. The percent change from the rolled-back rate is 4.91 percent. 42nd Avenue Southeast MSTU Fund 1637, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.8738. The percent change from the rolled-back rate is 14.44 percent. Palm River Sidewalk MSTU Fund 1638, the proposed millage rate is 0.5000. The rolled-back millage rate is 0.4776. The percent change from the rolled-back rate is 4.69 percent. Private Road Emergency Repair MSTU Fund 1639, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.0000. This is the first time a millage will be levied for this MSTU. There is no calculated change from the rolled-back rate. Pelican Bay MSTU Fund 1008, the proposed millage rate is 0.0857. The rolled-back millage rate is 0.0811. The percent change from the rolled-back rate is 5.67 percent. Commissioners, the aggregate millage rate proposed is 3.7675, the rolled-back rate is 3.5870, and the percent change from the rolled-back rate is 5.03 percent. Item #1E RESOLUTION 2025-168: RESOLUTION TO ADOPT THE TENTATIVE MILLAGE RATES - MOTION TO ADOPT THE TENTATIVE MILLAGE RATE FOR FY26 BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED Page 45 Page 59 of 6529 September 4, 2025 MR. JOHNSON: All right. And, Mr. Chair, that brings us to Item 1E, a motion to adopt the tentative millage rates for FY 2026 via resolution would be in order at this time. Tentative millage rates can be adopted by a single majority vote. CHAIRMAN SAUNDERS: Okay. Before we take a motion on that, Commissioner McDaniel. COMMISSIONER McDANIEL: No. I was going to make the motion. CHAIRMAN SAUNDERS: Oh, okay. Commissioner McDaniel, you're recognized for -- COMMISSIONER McDANIEL: Make a motion that we accept those rates as read. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: We have a motion and second. Any discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. JOHNSON: All right. Commissioners, I will note that for the final hearing the millage rates can be adopted by a single unanimous vote. If an initial vote is not unanimous for all millage rates, a separate vote will be required for specific tax levies. Specifically, Victoria Park, Lely Golf Estates Beautification, Page 46 Page 60 of 6529 September 4, 2025 Bayshore Avalon Beautification, Haldeman Creek Dredging, Vanderbilt Waterways MSTU, 42nd Avenue Southeast MSTU, and the Pelican Bay MSTU based on their respective districts, DR 420 MMPs, maximum millage calculations, will require a two-thirds majority vote, and then similarly, the Private Road Emergency Repair MSTU, being a new MSTU, will require a unanimous vote. So moving from there, Commissioners, any questions on any of those votes at all? CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: I just had one question, and I wanted to just clarify. I know we've had discussions in the past, but these individual MSTUs for these different expense programs throughout the community, we've gone through those budgets and recommended -- you've recommended rates for these -- for these MSTUs based upon accumulated expenses that have arisen in the last couple years plus -- plus a reserve amount. MR. JOHNSON: Yeah. I -- 10-4. For -- depending on what kind of MSTU they are. You know, they're operating expenses for next year and the capital needs moving forward, so correct. COMMISSIONER McDANIEL: I just wanted -- I wanted to clarify that. Don't say 10-4, because somebody will be picking that as a number. Just say, "yes, sir." MR. JOHNSON: I'm sorry. You caught me off guard for a second. COMMISSIONER LoCASTRO: Raise the taxes 10.4. COMMISSIONER HALL: Roger that. MR. JOHNSON: What was I going to say about that? COMMISSIONER McDANIEL: Nothing. I'm -- MR. JOHNSON: Oh, and the advisory boards have also weighed in on each of the MSTUs that have advisory boards, so... CHAIRMAN SAUNDERS: Ready for that motion? Page 47 Page 61 of 6529 September 4, 2025 Item #1F RESOLUTION 2025-169: RESOLUTION TO ADOPT THE AMENDED TENTATIVE BUDGET - MOTION TO ADOPT THE AMENDED TENTATIVE BUDGET WITH CHANGES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MR. JOHNSON: Next, all right. So moving onto Item 1F, it's the resolution to adopt the amended tentative budget. Commissioners, if you refer to Tab 1F, starting on Packet Page 67 where you'll find the resolution providing for adoption of the FY 2026 amended tentative budget, your action on this item will include the changes discussed under Agenda Item 1B, the amended -- the amended tentative budget can be adopted by a single majority vote. COMMISSIONER McDANIEL: So moved. CHAIRMAN SAUNDERS: All right. COMMISSIONER HALL: Second. CHAIRMAN SAUNDERS: So we have a motion. Do you need any clarification on that, or is that sufficient? MR. JOHNSON: That's sufficient. CHAIRMAN SAUNDERS: We have a motion and second. Seeing no discussion, all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) Page 48 Page 62 of 6529 September 4, 2025 CHAIRMAN SAUNDERS: That passes unanimously. MR. JOHNSON: Thank you, Commissioners. Item #1G ANNOUNCEMENT OF FINAL PUBLIC HEARING AS FOLLOWS: FINAL PUBLIC HEARING ON THE FY 2025-26 COLLIER COUNTY BUDGET THURSDAY, SEPTEMBER 18, 2025, AT 5:05 P.M. COLLIER COUNTY GOVERNMENT CENTER W. HARMON TURNER BUILDING (F) THIRD FLOOR, BOARDROOM, NAPLES, FLORIDA, 34112 MR. JOHNSON: All right. Moving onto Item 1G, the announcement of the final public hearing. The final public hearing on the FY '25/'26 Collier County budget will be Thursday, September 18th, 2025, at 5:05 p.m. It will be at the Collier County Government Complex, W. Harmon Turner Building F, which is this building, on the third-floor boardroom. That's in Naples, Florida 34112. And that is all I have for today. CHAIRMAN SAUNDERS: All right. Any further discussion? Any comments from the Commission? (No response.) CHAIRMAN SAUNDERS: Seeing none, we are adjourned. ******* Page 49 Page 63 of 6529 September 4, 2025 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:26 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ___________________________________ BURT SAUNDERS, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 50 Page 64 of 6529 June 24, 2025 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 24, 2025 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Burt L. Saunders Chris Hall Rick LoCastro William L. McDaniel, Jr. Dan Kowal (Absent) ALSO PRESENT: Amy Patterson, County Manager Ed Finn, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk Troy Miller, Communications & Customer Relations Page 1 Page 65 of 6529 June 24, 2025 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN SAUNDERS: Good morning. Welcome to the County Commission meeting of June 24th, 2025. Before we begin with the invocation and the Pledge, Commissioner McDaniel has a comment he'd like to make. Commissioner McDaniel. COMMISSIONER McDANIEL: Thank you, sir. Good morning, everybody. I just -- I want to say, as we are praying this morning -- as you know we open every meeting with a prayer and the Pledge. I just -- I just want to add in two families for us to add into our daily prayers. Our Deputy County Manager, his family is suffering right now. There's a -- there's a very ill family member with our Deputy County Manager, and I'd like to add our Deputy County Manager and his family into the prayer. And our previous County Manager, Mr. Ochs, Leo Ochs, his daughter has been diagnosed with Stage 4 cancer, a 42-year-old woman with two children, and I'd like, if you can -- as we're going along, we all pray a lot, we all pray, and add these folks into our prayers for blessings and peace. Thank you, sir. CHAIRMAN SAUNDERS: Certainly. Well, we have Pastor Tim Reed with the Fairway Bible Church who's going to get us started with the Pledge, and following the -- I mean with the prayer, and following the prayer, we'll have the Pledge. That will be provided by the Daughters of the American Revolution. Good morning. Item #1A INVOCATION: PASTOR TIM REED - FAIRWAY BIBLE Page 2 Page 66 of 6529 June 24, 2025 CHURCH, PLEDGE OF ALLEGIANCE: DAUGHTERS OF THE AMERICAN REVOLUTION - INVOCATION AND PLEDGE OF ALLEGIANCE GIVEN PASTOR REED: Good morning. Let's pray together. Heavenly Father, this morning we come before you at the start of a new day and recognize our need for you, God, our need to depend upon you for wisdom, for direction, for strength, for power. Lord, this morning, I pray for healing for our land. God, I pray that you would heal the divisions that exist among us. Father, I pray for a spirit of unity to pervade not only our county but, Father, our state and our country as well. Father, may we be united behind what is right and may we stand firm against tyranny and evil. And, Lord, this morning, I just ask that you would lead us and guide us by the power of your holy spirit. I pray for our council members this morning, Dear Father, that you would illuminate their minds, that you would give them wisdom beyond themselves as they make decisions that affect many, many lives. And, Lord, this morning, I pray for the families of those that are hurting, Father, for those family members from our Deputy County Manager and, Father, for the young lady that was diagnosed with Stage 4 cancer. Lord, we don't always understand your plan. We don't always understand your ways, but we know that you are a good God that loves us. And so we pray today for these individuals. We pray for your healing hand upon them. I pray for their family members, Dear God, that you would just wrap your arms of love and grace around them and give them peace. Father, I pray, too, for just a sense of love and unity among us, and, Father, in a land -- we live in a land where we can choose to be anything that we want to be. Father, I pray that we would choose to Page 3 Page 67 of 6529 June 24, 2025 be kind to one another and that we would show your love and that we would reflect the love of Jesus with everyone that we come in contact with today, and I pray these things in the name of your son, our savior, Jesus. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Since we're providing a proclamation to the Daughters of the American Revolution, we're going to reserve their comments for that point in time. Generally we have -- whoever leads us in the Pledge, we give them an opportunity to tell us a little bit about themselves, but they'll have that opportunity in just a few minutes. Ms. Patterson. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT, AND SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL - APPROVED AND/OR ADOPTED MS. PATTERSON: Yes, sir. Agenda changes for June 24th, 2025. First we have add-on Item 16B5. This is a recommendation to approval a beach fill project on Vanderbilt Beach and to, one, authorize a purchase order in the amount of $165,212.50 for construction to Earth Tech Enterprises, Inc., under Agreement 21-7885, beach maintenance-related activities for an on-call urgent services beach fill project on Vanderbilt Beach and a purchase order for 49,500 to Stewart Mine -- Stewart Materials, LLC, under Agreement 21-7827, beach compatible sand supply, for the purchase Page 4 Page 68 of 6529 June 24, 2025 of beach quality sand, and, two, make a finding that this expenditure promotes tourism. This is being added to the agenda at staff's request. Next is add-on Item 16K7. This is a recommendation to reclassify Scott Spitzer to an at-large seat on the Infrastructure Surtax Citizen Oversight Committee. This add-on is at Commissioner LoCastro's request. Move Item 16A8 to 11B. This is a recommendation to hear a Land Development Code Amendment related to floating solar facilities at two regularly scheduled daytime hearings and to waive the nighttime hearing requirement. This item is being moved at Commissioner McDaniel's request. Finally, continue Item 16K4 to the July 8th, 2025, BCC meeting. This is a recommendation to provide direction to staff to advertise an ordinance to amend the Collier County Parking, Storage, and Use of Vehicle Control Ordinance codified in the Code of Laws and Ordinances to provide limitations on the parking and/or storing of commercial motor vehicles and commercial equipment in residential areas including the Estates zoning district. This move is at Commissioner McDaniel's request. CHAIRMAN SAUNDERS: Ms. Patterson? MS. PATTERSON: Yes, sir. CHAIRMAN SAUNDERS: I apologize for interrupting. Commissioner Kowal, is he on the line, by any chance? MS. PATTERSON: No, sir. He is not attending today. CHAIRMAN SAUNDERS: Okay. Fine. MS. PATTERSON: We have two agenda notes. 16K3 in the executive summary, No. 6, nonvoting seats, Edward "Ski" Olesky's name is misspelled, and second, Item 16K5, the executive summary should say the 2025/2026 school year instead of the 2024/2025 school year. The MOU is correct. Page 5 Page 69 of 6529 June 24, 2025 We do have court reporter breaks scheduled for 10:30 and 2:50, if necessary. And with that, County Attorney. MR. KLATZKOW: No changes. Thank you. MS. PATTERSON: Commissioners. CHAIRMAN SAUNDERS: Commissioner Hall, any changes or any ex parte? COMMISSIONER HALL: No exchanges; no ex parte. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: I have no changes either or ex parte. CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: No changes; no ex parte. CHAIRMAN SAUNDERS: I have no changes and no ex parte as well. I do have a question, Commissioner McDaniel, on the continuation of the parking issue. Is there anything -- any particular reason to delay the advertising or -- COMMISSIONER McDANIEL: Oh, yes, sir. I didn't ask for it for fun. This -- in all candor, this isn't ready for prime time. We have -- actually, I, along with senior staff, County Attorney, Code Enforcement, we have -- we have a meeting today at 4 o'clock, and we're going to go through the ramifications of this and some suggestions that I have. CHAIRMAN SAUNDERS: All right. So this will come back on July 8th for the purpose of authorizing advertising. COMMISSIONER McDANIEL: Advertising, yes, sir. CHAIRMAN SAUNDERS: It ultimately will come before us during our second meeting probably in August or first meeting in September. COMMISSIONER McDANIEL: Plus/minus, yes, sir, depending on -- depending on how the meeting this afternoon goes Page 6 Page 70 of 6529 June 24, 2025 and how we get -- how we get through the balance of the language adjustments. CHAIRMAN SAUNDERS: All right. I have no changes and no ex parte as well. COMMISSIONER McDANIEL: I do have one quick question, if I might. CHAIRMAN SAUNDERS: Yes, sir. COMMISSIONER McDANIEL: And this is just on the correction on the MOU with the school district. Does this -- does this MOU allow us -- and I'm not pulling it for now. I just want to ask. Does this allow us to have a little bit of a say-so with regard to charter schools and private schools and things along those lines with their location and their impact? MS. PATTERSON: No, sir. This is a different MOU. This is related to the school resource officers. COMMISSIONER McDANIEL: Oh, okay. Fair enough. CHAIRMAN SAUNDERS: All right. Then we need a motion to approve the agenda as amended. COMMISSIONER McDANIEL: So moved. COMMISSIONER HALL: Second. CHAIRMAN SAUNDERS: We have a motion and a second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Page 7 Page 71 of 6529 June 24, 2025 Item #2B MAY 27, 2025, BCC MINUTES - MOTION TO APPROVE AS PRESENTED BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED CHAIRMAN SAUNDERS: We'll move on to the agenda and minutes. The minutes for May 27, 2025, we need a motion for approval. COMMISSIONER McDANIEL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Item #3A1 AWARDS AND RECOGNITIONS – 20 YEAR ATTENDEES – PRESENTED MS. PATTERSON: Commissioners, that brings us to awards and recognitions, and we have several today. We're going to start with our 20-year attendees for Item 3A1. First up we have Stephen Athey, Code Enforcement. Congratulations. Page 8 Page 72 of 6529 June 24, 2025 (Applause.) MS. PATTERSON: Next, 20 years, Barbara Shea, Pelican Bay Services. Congratulations. (Applause.) Item #3A2 AWARDS AND RECOGNITIONS – 25 YEAR ATTENDEES – PRESENTED MS. PATTERSON: Moving on to Item 3A2, this is our 25-year attendees. First up, Christie Betancourt, Community Redevelopment Area. (Applause.) COMMISSIONER LoCASTRO: Who's running the office? MS. BETANCOURT: We shut it down for a couple hours. COMMISSIONER LoCASTRO: Maria, you're going to Photoshop Commissioner McDaniel out, right? Put, like, a bear there or something. You know, the Everglades alligator. MS. PATTERSON: Our next 25-year attendee is Salma Nader Preston, Operations & Performance Management. Congratulations. (Applause.) MS. PATTERSON: Twenty-five years, Philip Snyderburn, Solid & Hazardous Waste Management. Congratulations. (Applause.) Item #3A3 AWARDS AND RECOGNITIONS – 30 YEAR ATTENDEES – PRESENTED Page 9 Page 73 of 6529 June 24, 2025 MS. PATTERSON: Moving on to Item 3A3, these are -- the 30-year attend, Carolann Adams, Library. Congratulations. (Applause.) COMMISSIONER McDANIEL: There's more coming. At least one. COMMISSIONER LoCASTRO: Carolann's going to have a presentation on the Dewey Decimal System. It's a 45-minute presentation with two intermissions, so everybody keep your seats. (Applause.) MS. PATTERSON: Commissioners, that brings us to Item 4, proclamations. Item 4A is a proclamation honoring America's 250th anniversary on July 4th, 2026, and recognition of the Daughters of the American Revolution monument donation. CHAIRMAN SAUNDERS: Hang on. Commissioner McDaniel. COMMISSIONER McDANIEL: I just -- Christie, I just want to say out loud before your whole crowd leaves, thank you. We do these recognitions for employees all the time, and I have to say this, that Ms. Betancourt is the glue that holds Immokalee together. Your efforts, your actions, your care for our community is -- I can't say any more than thank you. (Applause.) COMMISSIONER McDANIEL: Thank you, Mr. Chair. I appreciate that. Carry on. Item #4A PROCLAMATION HONORING AMERICA'S 250TH ANNIVERSARY ON JULY 4, 2026, AND RECOGNITION OF DAR MONUMENT DONATION. TO BE ACCEPTED BY CANDICE SEBRING-KELLER, REPRESENTING THE NAPLES- Page 10 Page 74 of 6529 June 24, 2025 ON-THE-GULF CHAPTER OF THE DAR - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MS. PATTERSON: All right. Back to Item 4A. This is a proclamation honoring America's 250th anniversary on July 4th, 2026, and recognition of Daughters of the American Revolution monument donation. To be accepted by Candace Sebring-Keller representing the Naples on the Gulf Chapter of the Daughters of the American Revolution. Congratulations. (Applause.) THE PHOTOGRAPHER: Smile on one. Three, two, one, smile. COMMISSIONER HALL: I was smiling the whole time. MS. NIGHTLY: Dawn Nightly (phonetic). Good morning, everyone. I am Mrs. Dawn Nightly, Regent of Naples on the Gulf Chapter, National Society, Daughters of the American Revolution. On behalf of the Daughters of the American Revolution, the DAR, I want to extend our heartfelt gratitude to the Collier County Board of Commissioners for the honor of receiving this proclamation which allows us to place a patriot marker here in Collier County. This is an important moment for us, as our chapter has been working hard to see this project come to fruition, and we are incredibly appreciative of your support. The DAR has launched a national initiative to commemorate the men and woman who supported the American Revolution. This project seeks to honor those who fought in the war and the countless patriots who contributed in many other ways, whether through providing supplies, offering shelter, or aiding in the resistance. Their sacrifices helped shape the freedoms we enjoy today. As we approach the 250th anniversary of the United States, this Page 11 Page 75 of 6529 June 24, 2025 marker becomes even more significant. This marker will serve as a lasting tribute to those patriots who may not have received the recognition they deserve but whose contributions were vital to the birth of our nation. It is a reminder to all of us of the courage, dedication, and unity that forged the foundation of the United States. By placing this marker, we also honor the spirit of community and civic engagement that continues to define our nation. It will stand as a testament to the generations who came before us and the continuing importance of preserving and sharing our history. We are grateful to the Board of Commissioners for this opportunity and look forward to the day we can gather with our community to dedicate this marker. It is not only a gesture of remembrance but also a call to future generations to appreciate and protect the freedoms we hold dear. Thank you again for your support and for helping us ensure that these patriots are never forgotten. Thank you. CHAIRMAN SAUNDERS: Thank you. Ms. Patterson, do we have a location for that? MS. PATTERSON: No. We're evaluating the best location either here on campus or at one of our parks, and so we'll come back when we have a final location determined. CHAIRMAN SAUNDERS: Okay. Would Freedom Park be a -- I mean, it seems that would be a great location for it. MS. PATTERSON: It would be. The other location we were thinking about was out by the flagpoles by the courthouse, which is another really nice location as well, so... CHAIRMAN SAUNDERS: Well, thank you. (Applause.) CHAIRMAN SAUNDERS: We need a motion to approve the proclamation. Page 12 Page 76 of 6529 June 24, 2025 COMMISSIONER HALL: So moved. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MS. PATTERSON: Thank you, Commissioners. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MS. PATTERSON: That brings us to Item 7, public comments. MR. MILLER: Good morning. We have 10 registered speakers for public comments. I'd like to ask the speakers to queue up and use both podiums. Also, you have three minutes. You will hear one beep at 30 seconds to go. Our first speaker is Jerry Rutherford. He will be followed by Ken Keller. CHAIRMAN SAUNDERS: And just for the speakers that are coming up, we generally -- this is an opportunity for people to speak on subjects that are not on the agenda or not coming up on the next agenda or so. You may not get any response at all from the Commission. That doesn't mean we're not listening. It's just that we generally move forward with these fairly quickly. Page 13 Page 77 of 6529 June 24, 2025 So, Mr. Miller. MR. MILLER: Mr. Rutherford. MR. RUTHERFORD: Good morning, Commissioners. Thank you for this opportunity to speak. Twenty-five years ago, as chairman of the Christian Coalition at the time, we came to the commissioners and asked for our national motto "In God We Trust" to be put in the Collier County buildings. They enthusiastically endorsed it. Now, as a citizen of Collier County for more than 40 years, I'm coming and asking a similar favor. The 10 Commandments have been the basis of civil law in our west for over 2,000 years. Our founders established our laws on the basis of the 10 Commandments, and we would like your permission to place the 10 Commandments in the Collier County government buildings. Lemon versus Kurtzman has been overturned, so we believe that the desire of the general public is to reinstate what was a commonplace in our country for over 250 years. Both history and tradition tell us that the 10 Commandments were commonly posted in public places throughout our history. I would like to mention that the public school books at that time, the New England Primer, which was printed in 1690, and Noah Webster's Blue-Backed Speller, and the other was the math books; they all had the 10 Commandments in them. James Madison, our fourth president and the primary author of the Constitution, states that we have staked the whole future of American civilization not on the power of government; far from it. We have staked the future of our political institutions upon the capacity of each and all of us to govern ourselves according to the 10 Commandments of God. And I have numerous other quotes that I could give you, but I think that's sufficient. We would appreciate your consideration for this request. I'd like Page 14 Page 78 of 6529 June 24, 2025 to show you a sample. Now, this is not going to be the one probably you will want. This doesn't give the 10 Commandments in large enough for it to be seen, but this is similar to what we will be presenting to you. We need it in larger print, so I'm just asking to have this put in the Collier County government buildings. Thank you. CHAIRMAN SAUNDERS: Thank you. Mr. Miller, my machine here is not working. MR. MILLER: I will take care of it, sir. Your next speaker is Victoria Redstall. She'll -- excuse me -- is Ken Keller and will be followed by Victoria Redstall. MR. KELLER: Thank you. I, too, am speaking on behalf of putting the 10 Commandments in the public buildings just like we did the national motto. Now, the common use of the Jeffersonian principle of separation of church and state, keeping -- has been turned on its head. Instead of keeping the government of the church as intended -- the government out of the church as intended in the Jeffersonian letter of response, the Danbury Baptist Church is now being used to block foundational Judeo-Christian principles out of not just government, but schools and public institutions, and here's what the First Amendments reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, et cetera. These principles are being systematically marginalized in our cultural, leaving want if we now must be protected from religion and our historical worldview. The Judeo-Christian principles in the Bible are demonstrably foundational to our system of governance, indeed to our culture in general, that they are assumed, whether you're a believer or not, simply to be true. The biblical world view on which our nation is Page 15 Page 79 of 6529 June 24, 2025 founded is systematically tightly woven and consistent in spite of how often misapplied by its inheritance. More importantly, they are a window into the very heart of God in whom we claim to trust in our national motto. The national motto, the Pledge of Allegiance, as well as numerous other founding documents, all mention God. The 10 Commandments are even etched into most of our historical government buildings in Washington, D.C., including the Supreme Court. The 10 Commandments have become, over time, therefore, less of a biblical expression of a particular religious denomination than a founding principle of our nation and, indeed, Western civilization itself. This is why it should be prominently posted beside our motto. Thank you. MR. MILLER: Your next speaker is Victoria Redstall. She'll be followed by Adrienne Redstall. CHAIRMAN SAUNDERS: Now, for the members of the Commission, this display is not working at the moment, so if you do want to speak on anything, just let me know. COMMISSIONER McDANIEL: (Indicating.) CHAIRMAN SAUNDERS: That would work. MS. VICTORIA REDSTALL: Commissioners, I'd just like to share my experiences that I've had with the Naples wildlife conservancy. Going back three years with a perfectly healthy bluejay, one week after I took him there, he was dead. Same with a very healthy rabbit. Two years ago I took them there because everybody says it's a one-stop shop, the only place you can take a wounded or abandoned animal. Hence, when a newborn squirrel arrived in my feet, because God puts them in my feet, on September the 1st of last year, I didn't take it Page 16 Page 80 of 6529 June 24, 2025 to the Conservancy -- CHAIRMAN SAUNDERS: Let me interrupt for just a quick second, if you don't mind. MS. VICTORIA REDSTALL: Sorry. CHAIRMAN SAUNDERS: Slow down just a little bit. I know the reporter is having a hard time catching everything, but quite frankly, we are as well, because you are going really fast, so -- MS. VICTORIA REDSTALL: Just didn't want to -- CHAIRMAN SAUNDERS: You've got plenty of time. MS. VICTORIA REDSTALL: Thank you. Hence, when I had -- a newborn squirrel arrived at my feet on September the 1st of 2024, I didn't take it to the Conservancy, and I raised it on my own, in my bra, at the shops. Everywhere, he went with me -- I got him a cage -- until I set him free in the wild. I now see Lucky the Squirrel every day in the wild with his family. This might be petty to you, but it's not about the squirrel. It's not about the raccoons, which I'm getting to. This is a much bigger picture with the evilness of the Naples wildlife conservancy. I am very concerned with their lack of transparency and the accountability. On May 19th, I took abandoned newborn raccoons to the Conservancy reluctantly. I asked if they could please just call me when the time came for them to be released. The female vet checked them in, very rudely said to me, "They won't be released for at least 10 more weeks, as they are newborns. We don't have to call you. It's not in our policy." I said, "Well, could you just please call me so that I can show you where I found them?" On May 27th, that's eight days later, I left a message for the female chief programs officer to just please call me with an update on the raccoons and to confirm she will be calling me when they get released. I also said that at that time I had a donor recently come in Page 17 Page 81 of 6529 June 24, 2025 and give a huge amount of money in my name specifically for the welfare of the raccoons that I brought in. She told me that it is not their policy to call me, and I might only get a phone call if -- she said the word "if" they make it, to which I responded that I know very well that they will make it because I have living proof that they will, because I knew that I did keep one back. I didn't realize it was against the law, and I've learned from it, but I did keep one of those raccoons back. I kept a sibling. So I said to this woman, "If they don't make it, I will expose the Naples Conservancy for not taking care of their animals," which everyone has said for years, but I never had proof until now. She then checked me out on social media, realizing I did have that sibling, and he was getting bigger and stronger every day. She saw that I had a huge following on Facebook, and people were enjoying the growth of this baby raccoon. Everyone was made happy in my neighborhood, my friends, my family, social media. Even the day when his eyes opened the third week, I shared that on social media as his eyes opened and looked into the eyes of my mother and myself. Within three weeks, on June the 17th, I received a phone call from an officer from FWC calling me to surrender the one raccoon that I had raised since May 18th for one month and two days up until that point. He explained to me that three women had anonymously complained about me. One of them, I am told, is one of the women that work at the Naples Conservancy. The officer said it’s illegal to take a raccoon from the wild, which I didn't know, because they are rabies vectors. I have learned this now. It's illegal to rehab a wild animal without licensed rehab, but he asked me to surrender the raccoon to the Conservancy, which I did right away. I had documented the raccoon's weight, food intake, and Page 18 Page 82 of 6529 June 24, 2025 sleep patterns. He was in perfect shape when I surrendered him. Even slightly overweight. I arrived -- I was -- when I arrived at the Conservancy, I was handed a letter by the female chief programs officer stating that if I ever go there again, they will have me arrested for trespassing, yet I've only been there on four occasions, once to deliver a bluejay, which they killed a week later; twice to deliver a healthy rabbit, which they also killed; and three to deliver two baby raccoons which we have no idea where they are because there's no accountability right now until we find out where they are; and the fourth time was when I was told by FWC to surrender the one raccoon that I had started to raise, by the name of Rocky. What are they hiding? What are they so afraid of and threatened by me asking questions just for a welfare checkup or just for the phone call when they release them? Why won't they answer for the siblings that I gave them on day one on May 19th, where are they now? Where is Rocky now, the sibling that I raised for over a month and two days? Why is there no transparency at the Naples Conservancy? Why is there no accountability or answers as to where Rocky is now? They get millions of dollars in donations per year. This January they were given $25 million by Carol and John Walter. They were given another undisclosed millions by Richard Schulze Foundation to name but a few. There are numerous organizations, charities, and private people who donate. So why can they not just make a phone call to a resident here of Collier County who simply wants to be part of their release and who is concerned enough to drive and bring them in -- an injured or abandoned animal. The CEO earns over a quarter of a million a year -- Page 19 Page 83 of 6529 June 24, 2025 CHAIRMAN SAUNDERS: We're going to need to -- I'm sorry. We're going to need you to go ahead and wrap up. MS. VICTORIA REDSTALL: Okay. On top of this, the report FBC gave me was -- by the Conservancy, of Rocky, was very different. They had said he was emaciated when I surrendered him. A complete opposite. He was overweight when I took him in. I'm just requesting that this matter be put -- if you can't put it on the agenda, could you please send Code Enforcement to the Naples Conservancy so that they can account for those raccoons that I took in and also have complete transparency from this point on. Thank you for letting me go over my time. MR. MILLER: Your next speaker is Adrienne Redstall. She'll be followed by Tina Clark. CHAIRMAN SAUNDERS: Good morning. MS. ADRIENNE REDSTALL: Good morning. Thank you. Very similar, it's about the raccoons. It was a terrible shock to be forced to surrender a baby animal that we had grown to love so much over the four weeks that we had him in our home. I have never been treated so badly, so cruelly in my life as I have been by the women at the Naples Conservancy. To have a woman survivor -- supervisor at the Conservancy hand my daughter a letter the moment we walked through the door stating that if she was to ever set foot on the Conservancy property again, she would be arrested for trespassing was horrifying to me as her mother. Even when my daughter pleaded with her to give her a phone call when the raccoons would be released -- I wanted to see that, too -- she smiled and said, "I will not be calling you, and I have instructed my staff to not call you." It was so unprofessional and wicked that there must be a change. Where are these darling raccoons now? And where is that very special Rocky that we raised for four weeks? I miss him terribly, and Page 20 Page 84 of 6529 June 24, 2025 so do my friends. I urge the commissioners today to please demand accountability for the three raccoons and for the Conservancy to be transparent from this point forward for all those who entrust the Conservancy to take care of the injured and abandoned wildlife. Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next speaker is Tina Clark. She'll be followed by Kip Blackman. MS. CLARK: Good morning, Commissioner. Good morning, citizens. My name's T. Clark. I have been a rescuer pretty much all my wife with the ASPCA, our coalition here, Florida Stark. I love these organizations. I saw everything that's happened with this situation and saw the raccoon. He was in great condition. My problem with the situation is, one, I can't imagine why someone wouldn't want to educate all of us on how to -- CHAIRMAN SAUNDERS: You need to direct your comments to us. MS. CLARK: Okay. CHAIRMAN SAUNDERS: And you need to stay on the microphone. MS. CLARK: Okay. I can't imagine why they wouldn't want them to be educated when it comes to wild animals. I don't have a lot of education. I would be happy to learn. The second is how we treat our senior citizens. When I was raised, it was to respect seniors, respect animals, respect pretty much everyone around you. So that really saddens me that they took an opportunity and changed it into something very ugly. I pray that Rocky's doing okay, and I hope that we get some Page 21 Page 85 of 6529 June 24, 2025 answers. I realize that because of the organization that it is, they may not be required to give us any, but something stinks here, and it's not Rocky raccoon. CHAIRMAN SAUNDERS: All right. Thank you. MR. MILLER: Your next speaker is Kip Blackman. He'll be followed by Scott Schell. CHAIRMAN SAUNDERS: Mr. Blackman. MR. MILLER: I'm having trouble reading your writing. Is it Blackman? MR. BLACKMAN: Yeah. CHAIRMAN SAUNDERS: Mr. Miller? MR. MILLER: Yes. CHAIRMAN SAUNDERS: This is -- MR. MILLER: Yeah. I'll be right there, sir. CHAIRMAN SAUNDERS: Oh, okay. Thank you. MR. BLACKMAN: Hey. Good morning. I'm Kip Blackman. I spoke with Commissioner Hall on the phone a few weeks ago. This is regarding Gulf Harbor Neighborhood off of Wiggins Pass Road in North Collier County being flooded with freshwater by Collier County and South Florida Water Management District. We have lots of proof, pictures, photos, videos, water samples. We brought it to their attention. I've been working with South Florida Water Management District and Collier County since last year all the way until December. We had a meeting over the phone. I can't get them to come in person, but we tried to give them just enough information to not annoy them but get them to come to the table and talk with us so that we could show them what we're talking about. Basically what's happening is our neighborhood never flooded before 2017. It just didn't. Even in the 2015 stormwater management plan for Collier County, our little neighborhood is not Page 22 Page 86 of 6529 June 24, 2025 listed as one of the repeat flooded areas. It's not on there. All the development that's happened out east, all that water now -- everybody has their retention ponds. They're allowed -- they have to store so much water. Any excess water now gets dumped into the Coco structure, which comes all the way down Immokalee Road, goes right in front of Palm River and that Coco 1 weir right there. That is operated by South Florida Water Management District. It's public. They have sensors. They have had the data. I've been on the database. I can match up every time our neighborhood has flooded with a certain flow rate right there. Just to give you an example, 500 cubic feet per second is a lot of times what we see coming out of that weir being dumped into the Cocohatchee River. Well, that equals 13 and a half million gallons per hour. And our neighborhood's about 40 acres. If you put a wall around it, 13 and a half gallons -- million gallons in one hour would put two and a half feet of water. The problem is is the river needs to be dredged. In 2017, there's an article on Naples Daily News. I think that was where it was. You could look it up. But there was the Conservancy of Southwest Florida, they did a study on the estuaries. The Cocohatchee River got a D minus. You guys also probably knew that and looked into it. So in 2020, you guys did a feasibility study for dredging 700 feet east of the bridge all the way to Wiggins Pass because it needs done. So the river is clogged. Most of that is because of all the water and sediment from the building that's going out east that's being dumped into the river. It needs to be dredged so that we have water flow. Also, it's very dangerous for our community, obviously, which is really the main reason that we're here. Since 2017 -- we didn't flood before that. I moved in in 2021. Page 23 Page 87 of 6529 June 24, 2025 We've flooded at least, I don't know, eight times. I've had anywhere from six inches, nine inches, 29 inches, 44 inches, and this is all after Ian. Ian, we had eight feet in the neighborhood. Obviously, Ian is an anomaly, but the other times the storm could be 200 miles -- it was still down by Cuba, Debby, and at a high tide of 2.5, we got flooded. It's a 2.5 tide right now, and it was yesterday. There's no water in our neighborhood anywhere because they're not releasing water. When they release the water through the weir at the wrong time, incoming tide or strong west wind... So really what I'd -- there's two things we want. We want the river dredged -- actually three. We want you guys to control the flow so that the water's not being pushed out while the tide's coming in, but really we just want to sit down so we can explain this in person to -- I've worked with Lisa Koehler, Trinity Scott, Marshal Miller. Those are just some of the names. CHAIRMAN SAUNDERS: Thank you. MR. BLACKMAN: You're welcome. MR. MILLER: Your next speaker is Scott Schell. He'll be followed by Shelly Schell. MR. SCHELL: I'm going to pass on my time today. MR. MILLER: All right. Shelly Schell, and she will be followed by Sheryl Baron. MS. SCHELL: Good morning. I'm Shelly Schell, and I'm a resident of the Gulf Harbor neighborhood, and I'm here to support what Kip was saying. I have young children in the neighborhood, and we can't even get off buses or anything due to this flooding. And especially the significance of the D minus water quality in the Cocohatchee River, when that came to light and no one even cares, was shocking. So we really appreciate the in-person meetings and the opportunity to find a solution. Page 24 Page 88 of 6529 June 24, 2025 MR. MILLER: Your next speaker is Cheryl Baron, and she will be followed on Zoom by Denise Shanabarger. MS. BARON: Hi. Thank you for your time, guys. I know that we spoke with the commissioner as well, and we appreciate your time, but I'm here repeating everything that Kip said. And our canals need to be dredged. After any major storms or hurricanes, over the time, sediment has built up significantly, especially after recent storms. This has raised the canal bed, worsening flooding during high tides and heavy rains. Flooding in Gulf Harbor, our community has experienced repeated flooding, and there has been no infrastructure work done in 50 years to help migate -- migrate -- my gate up [sic]. We need targeted support and an official assessment of our situation. We are asking Collier County to consider a grant or dedicate a funding that can be allowanced because of the Cocohatchee River being used to be dredged, and also as our canals in the back. We also respectfully respect that the commissioner [sic], Trinity Scott, Lisa Koehler, and Marshal Miller visit Gulf Harbor in person with us to see firsthand the conditions we are experiencing. We love our community and want to see it protected and preserved. We believe a site visit will make it clear how serious and urgent this matter is. We also want you guys to know that it is very dangerous. I have kids where we've been stuck in our house and -- just to go to the bus stop. And it's not like, oh, we're just having flooding in our driveway. It's going into the homes. And it's -- for me, I'm very lucky because I have three levels, but there are people in my community who have one level. And that's what they have, and they can't afford to do anything else. And those are the people we're really fighting for because they need that. They need something to be done. Page 25 Page 89 of 6529 June 24, 2025 And they've lived here -- they're older people, and they've lived here for so long. They're like, I can't even afford to move. I can't afford to do anything, and they're one-level homes. Please, this is, like, so urgent. We really just want to meet with you guys. And if you guys have a solution, we're willing to hear it. We're willing to work with you guys. But we've just gotten the runaround in circles and circles and circles. So anything that you guys can do to help us, and if we could help you, we're here to help. I mean, we've spoken to Rick Scott; we've spoken to Byron Daniels [sic]. Like, we just need that help. So we'd appreciate if you guys can help us. Thank you. CHAIRMAN SAUNDERS: Ms. Patterson, who on our staff would be the right person for folks to speak to? COMMISSIONER McDANIEL: Can I -- Mr. Chair, is the button working yet? CHAIRMAN SAUNDERS: The button's working. COMMISSIONER McDANIEL: Okay. CHAIRMAN SAUNDERS: Hang on just a second because I just asked a quick question here. MS. PATTERSON: Trinity Scott and Marshal Miller. Obviously, we will work with the Water Management District, as indicated, Ms. Koehler. But I have a decade of familiarity with this neighborhood as well, so I'm happy to sit down with the folks and chat about what's going on. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: And just as a note, I had a communication with Byron Donald's office in February on the permitting that's been applied for years with the Corps of Engineers out by the bridge. So the circumstance is ongoing. I mean, there is action that's going. It's not happening certainly as quickly as Page 26 Page 90 of 6529 June 24, 2025 possible. But I do know that we're working through the permitting issues with the Corps of Engineers. And so communication is a must. Our County Manager probably knows as much as anybody with regard to that neighborhood. And I suggest, Commissioner Hall, that you make sure you communicate with our congressman as well just to -- just to assist with this. This isn't just your hood. This is -- this is a circumstance that's going on throughout our entire -- our coastal community with the -- with the tannins that have come in and silted in our waterway all the way across the board. MR. MILLER: Your final registered speaker for public comment is joining us on Zoom, Denise Shanabarger. Denise, you're being prompted to unmute yourself, if you'll do so at this time. Denise, I see you've unmuted. You have three minutes. Oh, hold on, Denise. I'm sorry. I need to change a setting on my end. We're not going to hear you otherwise. All right. Now, Denise, if you'd start again, please. MS. SHANABARGER: Hi. Good morning. CHAIRMAN SAUNDERS: Good morning. MS. SHANABARGER: I hope everyone is doing well today. I would just like to discuss the fact, much like Kip had said, this has been going on since 2017. After Irma hit, we had about 13 inches in our neighborhood. Prior to that we had nothing. Our streets would flood but never would it come in through our homes. After Hurricane Ian, which was an anomaly, yes, we had eight feet in our homes. People that were in lower-lying homes lost everything, everything. Just one story. All their things, all their things were gone. Since then we have flooded eight times. Like Kip said, it's been anywhere from eight inches to 16 inches to four feet, and the majority Page 27 Page 91 of 6529 June 24, 2025 of this water is freshwater. We've checked it. It's not coming in from the gulf. We have tried to speak to many people, and we've gotten nowhere with the county. I do believe he is right; we need to have that river dredged. It is completely silted over with all the development and silt coming from the east. That needs to happen. And from what I've understood, that there is a permit out there, but it has not been approved, and if it is approved, it's another five, six years out before anything will be done, but yet the Perry Hotel had been built there, and just recently they dredged out to have docks. So I'm not quite sure how that occurred. But other than that, we do need to have water management, and South Florida Water Management is welcome to come into our neighborhood and see exactly what's going on when they release the water. And I please -- I beg you to help us because it's been going on way too long, and I really don't want to go underwater this season again. Thank you so much for your time. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: And that is our final speaker for Item 7. Item #9A REOLUTION 2025-128; RESOLUTION 2025-129: RESOLUTIONS OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, TO CREATE THE GREENWAY-FRITCHEY RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM OF 1,299 SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL UNITS WITH Page 28 Page 92 of 6529 June 24, 2025 HOUSING THAT IS AFFORDABLE; AND ALLOW THE REDUCTION IN THE LITTORAL SHELF PLANTING REQUIREMENTS. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEASTERN INTERSECTION OF GREENWAY ROAD AND FRITCHEY ROAD, APPROXIMATELY A HALF MILE NORTH OF TAMIAMI TRAIL EAST (US 41), IN SECTION 7, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 227.09 ACRES. (TRANSMITTAL HEARING) [PL20220002063] - MOTION TO APPROVE BY COMMISSIONER MCDANIEL: SECONDED BY COMMISSIONER SAUNDERS – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 9, advertised hearings. Item 9A is a recommendation to approve resolutions of the Board of County Commissioners proposing amendments to the Collier County Growth Management Plan to create the Greenway-Fritchey residential overlay to allow a maximum of 1,299 single-family and multifamily residential units with housing that is affordable and allow the reduction in the littoral shelf planting requirements. The subject property is located at the northeastern intersection of Greenway Road and Fritchey Road, approximately a half mile north of Tamiami Trail East in Section 7, Township 51 South, Range 27 East, Collier County, Florida, consisting of approximately 227.09 acres. This is the transmittal hearing. And with that, Mr. Bosi or Mr. Yovanovich -- Mr. Yovanovich is here to begin the presentation. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich on behalf of the applicant, which is the Greenway-Fritchey Land, LLC, and Habitat for Humanity. With me today are a host of people that can answer any Page 29 Page 93 of 6529 June 24, 2025 questions you may have. David Torres with Greenway-Fritchey, Lisa Lefkow with Habitat, Mike -- I always mess his name up -- MS. LEFKOW: Solorzano. MR. YOVANOVICH: Thank you, Solorzano. You would think Yovanovich could get someone else's name right. Taylor Whitcomb, myself, Mr. Mulhere. Norman Trebilcock is our traffic consultant. Matthew DeFrancesco is our civil engineer. Jeremie Chastain works with Bob and is also one of the planners on this project. And I think -- Ms. Brosious is here with Passarella to answer any questions that may -- in regard to the environment. The property is along Greenway Road. It's approximately 227 acres, which is just north of U.S. 41. As the County Manager indicated, we're here for the first step in a multistep process to hopefully get a project approved on Greenway Road. Our request is to create a subdistrict to allow for the implementation of the Growth Management Plan provisions you-all adopted in 2023 to allow for affordable housing within the Rural Fringe Mixed-Use District. Our request is to allow for up to 5.72 units per acre on the 227 acres -- 20 percent of those units will be income restricted at the 80 percent and below income threshold -- and to address, you know, the littoral zone plantings for the project. Assuming we get transmitted, it would go to the state for review. Then it would come back to the Board of County Commissioners for the actual PUD rezone consideration. As I mentioned, we are consistent with your Growth Management Plan today with what we're requesting. We are consistent with your Land Development Code and affordable housing Page 30 Page 94 of 6529 June 24, 2025 density bonus matrix for what we're requesting. The problem is that the Land Development Code has not yet been amended to implement the Growth Management Plan provisions, and that's why we're here today for this Growth Management Plan amendment. I think you considered at your last meeting the implementation provisions for the Land Development Code. Had that been adopted, we probably could have withdrawn our request. But we're moving forward to hopefully keep the ball moving on this project. The property is in the Rural Fringe Mixed-Use District. This is where development is supposed to occur, in the Rural Fringe Mixed-Use District. It is consistent with, as I mentioned, the Growth Management Plan that was adopted a couple of years ago. We would qualify for a density bonus under your existing density bonus matrix for 6.2 units per acre. We're obviously asking for less than that as part of this process. And both your staff and the Planning Commission -- and the Planning Commission unanimously recommended approval of our proposed transmittal to the state. At this point I don't -- we didn't -- since we didn't have to swear in, I don't know if we have any members of the public here. But we have a presentation on what the PUD will look like. We can move forward with that, or we can stop at this point and just consider the Growth Management Plan amendment. It's up to the Board how you would like us to proceed. CHAIRMAN SAUNDERS: Let's see where we are with the Board, because as you said, this is simply a transmittal decision. MR. YOVANOVICH: Correct. CHAIRMAN SAUNDERS: It's not a decision on the merits. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I can wait till the end if you want to go through public comment -- CHAIRMAN SAUNDERS: Let's see if there's any public Page 31 Page 95 of 6529 June 24, 2025 comment. COMMISSIONER McDANIEL: -- staff comment, and then I have -- I do have some comments, please. CHAIRMAN SAUNDERS: We do have one registered public comment, Brad Cornell. MR. CORNELL: Good morning, Mr. Chair and Commissioners. I'm Brad Cornell. I'm here on behalf of Audubon Western Everglades and Audubon Florida. I want to flag in particular the proposal to reduce the littoral shelf planting from 30 percent to 10 percent. And the issue with this is that your stormwater ponds are really important for not only recharging aquifers but also making sure water quality is not violated. And when you have more littoral planting, you have cleaner water. It's really important and basic science that, you know, we practice at Corkscrew Swamp Sanctuary. The research in Everglades restoration with stormwater treatment areas bear this out. We need to have littoral plantings to take up nutrients. Nutrients are what -- you know, like phosphorus and nitrogen from fertilizer -- because people plant grass all around these neighborhoods, and that's what causes algae blooms. And when you get algae blooms, everybody is unhappy. And so they put other things like copper sulfate and aluminum sulfate into the lake, which is poison, to try and control the algae blooms, and it's a vicious cycle. So the way to break that cycle is to make sure you've got littoral plantings. That was the whole idea in the Rural Fringe Mixed-Use District, to have 30 percent of the regulation level of the lake be in littoral plantings, and we stand by that. That should remain in there. We also have some concerns about the way TDR credits are required for the project. We don't want to be lessening the demand for TDR credits. We certainly acknowledge the need for affordable housing. Page 32 Page 96 of 6529 June 24, 2025 That's a good aspect of this project. We want to see that. We just don't want to harm the purpose of the TDR program, which is environmental protection, in the cause of affordable housing. We can have both, and that would be, let's not lessen the requirement for TDRs for the non-affordable housing. Thank you. MR. MILLER: That was our only speaker, sir. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. Are we going to hear from staff, or do you just want to hear my comments, sir? CHAIRMAN SAUNDERS: I guess we'll hear from staff. I thought -- I was thinking that we didn't need much of a presentation. COMMISSIONER McDANIEL: We really don't, not for the transmittal. MR. BOSI: Mike Bosi, Planning and Zoning director. And as mentioned, this is the transmittal. This is just for the GMP. The comments related -- by Brad related to littoral shelf plantings, those are contained -- or those are a deviation within the PUD, so you will have that opportunity at adoption to hear those specifics. That's not contained within the -- within the proposed Growth Management Plan amendment. This is proposing 20 percent for affordable housing heard by the -- or heard by the Planning Commission recommendation of 6-0. We did have one speaker, Mr. Lopez, who lived in close proximity, was opposed to the product -- to the proposal related to -- traffic and water management were his primary concerns. As I mentioned, staff is recommending approval, and I will point out to the Board of County Commissioners, when the Rural Fringe Mixed-Use District plan was updated to increase the density for affordable housing or to allow for affordable housing within the Rural Fringe Mixed-Use District back in 2023 to 12.2, there's a Page 33 Page 97 of 6529 June 24, 2025 provision that says, if you're providing affordable housing, you shall not utilize TDRs. So you cannot impose TDRs upon a Growth Management Plan amendment or a proposal that is looking for -- unless you are looking for a deviation from the Growth Management Plan, which we don't traditionally authorize. So just to let you know that in the adopted -- the adopted FLUE, the provision for the Rural Fringe Mixed-Use District prohibits the use of TDRs when you have affordable housing, and that has -- that has a relationship to the provision of affordable housing, the need to minimize the cost associated with it. But any questions that you may have, staff would be able to -- we'll try to answer it. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Well, you hit on my number one issue with what's, in fact, transpiring here. First of all, I'd like to go ahead and move this forward and make the motion for transmittal. I'd like to make a motion for approval. And then if I get a second, then I'll finish up my comments. CHAIRMAN SAUNDERS: All right. I'll second that to -- COMMISSIONER McDANIEL: Okay. Thank you. Thou shalt not utilize TDRs for affordable housing. I expressed a concern about this when it was brought to us back to '23. It could well be why we haven't amended the LDC and things that we need to do in order for this to be a regular process. But I'm -- I am expressing concerns today with regard to the lack of the consumption of TDRs and the value of those TDRs. Those TDRs were offered up to folks that were designated as sending area in some theory of compensation for the lack of property rights that went away when the Rural Fringe Mixed-Use District was established. Page 34 Page 98 of 6529 June 24, 2025 And so I would like for us, at some particular stage, to have some discussion with regard to the availability of TDRs, how they can be utilized, and allow for a marketplace. And again, we get in a -- we get in a habit of everything all in for and on behalf of affordable housing. And no one argues that affordable housing is a needed requisite for our community, but on the same token, there is -- there is a need for the utilization of those TDRs just to maintain the value for that marketplace that was established for the folks that had property rights that were extinguished. My second issue is the littoral shelves. I want that -- I would like for that to be reviewed as well. Mr. Cornell's comments were apropos with regard to the water-quality circumstances that come from proper littoral shelves, proper plantings within littoral shelves. I've done enumerable amount of littoral shelves in my day, back in the day. So I'd like to have that reviewed. And a third suggestion that I would like to see prior to adoption is an -- I know there's some description about some portable power units being moved over to our EOC. That's all great. I would like to see an alternative power source at the clubhouse with this facility. One of the things that astounded me when I came into office in '17, and then Irma hit us, was lack of alternative power sources throughout our community, not just -- I think we had almost a thousand lift stations that had been turned over to the community by developers that didn't have alternative power sources, and we amended the Land Development Code with that requisite so that lift stations do, in fact, have alternative power sources. I was informed yesterday that we didn't amend with regard to clubhouses within new subdivisions. I'm not looking to impose any regulation on existing subdivisions. I think it's prudent for, Page 35 Page 99 of 6529 June 24, 2025 minimumly, all subdivisions to have at least a plug for an alternative power source. The rationale is -- the blessing that we have when a -- when a natural storm event transpires is federal, state, and local assistance, and if we have a local facility where we can bring supplies, it can act as a cooling station, and it has an alternative power source, that will better accommodate those who choose to not heed an evacuation issuance when our government, in fact, so does, but that's something that I would like to have addressed as well. CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I'm going to vote to approve the state transmittal, but I just -- I want Mr. Bosi to have the last word. And let me just set the table for a second. Let's slow our roll, okay? We're not picking wallpaper out, okay, for these units yet. The last time we were in this room and we voted for a state transmittal, all of our emails and all of social media blew up about the idiot commissioners that approved 500 houses to be built on top of an orange grove, which we did none of that, okay? So this is a state transmittal. I haven't seen the project yet in its entirety. We're not voting on what we're doing to the clubhouse or where the roads are going to be or if we think, you know, traffic -- this is just part of the legal process that allows it to go to the state, and then Mr. Bosi, I think, just -- especially from our meeting -- and you already touched on it, but I think it's important to conclude what this is and what it isn't. And a couple of the main points are by us voting on the state transmittal, we're not voting on -- at this point on construction. So we're not, you know, bringing in bulldozers tomorrow, to reiterate that the Planning Commission has heard this and what their findings were. And then as we discussed yesterday, the ability for increased Page 36 Page 100 of 6529 June 24, 2025 density. But this is under what the max could be, so, you know, that's another nuance. But if you would just tie up sort of all those little nuances, separate rumor from fact, so, you know, somebody doesn't, you know, get out ahead of their headlights as they did at the last commissioner meeting. It wasn't anybody in this room, but, you know, the front headlines were all about how we did this and we did that, and we didn't. So if you would wrap this up as to exactly what we are doing and then what the next steps would be and some of the nuances of what the Planning Commission approved and, as far as density, where it ranks as far as what they could have asked for and what they did ask for. I think those are important points. I'm obviously supporting the state transmittal, which is what this vote is all about. MR. BOSI: Absolutely, Commissioner. And I will reiterate -- again, Mike Bosi, Planning and Zoning director -- this is the transmittal hearing for the Growth Management Plan amendment. This is the high-level request for the -- for the additional density for the number of units for what's going to be set -- or allocated to income-restricted levels. When it comes back, after it -- after -- if you make a -- or if you approve this for a transmittal, this will go to the State of Florida. It will be disbursed to all the state agencies reviewing for areas of -- or areas of significant systems in terms of the state systems. They'll provide us any comments. We'll have -- the applicant and the county will have time to react to any additional concerns that are expressed by the State. After that, we will prepare a staff report that goes to the Planning Commission. The Planning Commission will have an adoption hearing in which they'll hear the PUD. But the focus will be Page 37 Page 101 of 6529 June 24, 2025 the PUD, the specifics of the actual "do" of the regulations within that PUD. They will hear that, make a recommendation to the Board, and then the GMP for the adoption and then the PUD for adoption will be brought at a public hearing for the Board of County Commissioners. The uniqueness about this, it only requires a simple majority to transmit, but for adoption it will require a supermajority. The Planning Commission did hear -- did hear the petition. It was a unanimous recommendation for approval for the Board of County Commissioners to transmit this to the State to bring it back for an adoption hearing later on. So for all those -- those steps, we'll be required, before a project -- the PUD couldn't even be approved at an adoption hearing. So this is simply to give the state an opportunity to review the contours of the Growth Management Plan amendment, and then it will be brought back at an adoption hearing in which there will be public notice, signs will be posted as well, and an opportunity for all of the public to provide commentary on the proposal and the specifics of the proposals that's within the PUD. COMMISSIONER LoCASTRO: Thank you, sir. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. Hey, Rich, can you come up? Yesterday in the office you did a really good job explaining to me the sending, receiving, the TDR process. I guess my question is, what would the TDRs look like if there was -- if there was TDRs and an affordable project? MR. YOVANOVICH: What -- COMMISSIONER HALL: And I want you to do that without your angle. MR. YOVANOVICH: Without my angle? Page 38 Page 102 of 6529 June 24, 2025 COMMISSIONER HALL: Without your angle. MR. YOVANOVICH: Well, I'll do the simple math. COMMISSIONER HALL: Because you did yesterday, and it was great. MR. YOVANOVICH: I will do the simple math, which is not my angle. Right now we have 229 acres. You divide that number by five, which I cannot do in my head. That, I think, is -- what is that? -- 45-ish base units. So under the current program, if -- COMMISSIONER McDANIEL: 45.8. MR. YOVANOVICH: So 46. I was close. COMMISSIONER HALL: You did good. MR. YOVANOVICH: So 46 units can be generated from this property today. Under the typical Rural Fringe Mixed-Use District project that does not include affordable housing, we could go to one unit per acre, and you get that difference. The 48 -- the 229 minus 48 is 181. You would have to buy 181 TDRs to get to the one unit per acre. So theoretically, if we had to buy TDRs and then do affordable housing, we would do 181 TDRs, so that would be 229. You take that from the 1,299, and the delta would be the bonus units. That's how the program would work if we were required to do both TDRs and do an affordable housing density bonus. That's the way the program works. That's not my angle. COMMISSIONER HALL: Thank you. CHAIRMAN SAUNDERS: Mr. Yovanovich, in terms of the -- the only issue I had was the littoral plantings. So I think the requirement was 30 feet and -- MR. YOVANOVICH: Thirty percent. CHAIRMAN SAUNDERS: Thirty percent, I'm sorry. And you're reducing it to half of that? Page 39 Page 103 of 6529 June 24, 2025 MR. YOVANOVICH: And just the -- and we can get into the details of this. I prefer to do it after I have a chance to talk to Mr. Cornell between now and the adoption hearing. But in the urban area, the requirement is 7 percent. Where we came up with a 30 percent requirement for littoral plantings in the Rural Fringe Mixed-Use District, I don't know. I'm being told from the different environmental consultants that 30 percent is not necessary. I'm happy to talk to Mr. Cornell hopefully between now and the adoption hearing to talk about those things, and we can bring all those experts up, if you want, at the adoption hearing to talk about the littoral zone plantings. CHAIRMAN SAUNDERS: Most likely I'm going to want to hear from the experts whether in writing, in advance, or at the hearing. MR. YOVANOVICH: Absolutely. CHAIRMAN SAUNDERS: So we have a motion and a second. Commissioner McDaniel, you're lit up again. Do you have some other comments? COMMISSIONER McDANIEL: Just one quick comment with regard to that. The size, shape, and color of littorals is important, but it's even more important to utilize the proper plantings that extract the nutrients out of the water and then removal of those plants when they reach a sufficient size where they're no longer doing that. That's as -- almost more important than how many -- how many percentages you have on littorals, so... CHAIRMAN SAUNDERS: All right. We have a motion and a second. If there's no further discussion, all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. Page 40 Page 104 of 6529 June 24, 2025 COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. YOVANOVICH: Thank you. Item #11A BOARD OF COUNTY COMMISSIONERS, AS THE EX OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT, APPROVE AMENDMENT NO. 10 TO AGREEMENT NO. 04-3673, WITH CAROLLO ENGINEERS, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF THE NORTHEAST WATER RECLAMATION FACILITY AND WATER TREATMENT PLANT PROJECT, UPDATING AND FINALIZING THE CONSTRUCTION PLANS, SPECIFICATIONS, AND BID DOCUMENTS, AMENDING THE CONSULTANT’S RATES TO PROVIDE AN ADJUSTMENT BASED ON THE APPLICABLE CONSUMER PRICE INDEX INCREASE, APPROVING THE NECESSARY BUDGET AMENDMENT, AND AUTHORIZING THE CHAIRMAN TO SIGN THE AMENDMENT FOR THE NET AMOUNT OF $11,682,939.17. (PROJECT NUMBER 70194) - MOTION TO APPROVE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11A. 11A is a recommendation that the Board of County Commissioners, as the ex officio governing board of the Collier County Water/Sewer District, approve Amendment No. 10 to Agreement No. 04-3673 with Carollo Engineers, Inc., for professional engineering services for Page 41 Page 105 of 6529 June 24, 2025 design of the Northeast Water Reclamation Facility and Water Treatment Plant project, updating and finalizing the construction plans, specifications, and bid documents, amending the consultant's rates to provide an adjustment based on the applicable Consumer Price Index increase, approving the necessary budget amendment, and authorizing the Chairman to sign the amendment for the net amount of $11,682,939.17. Mr. Jim DeLony, your department head for Public Utilities is here to present. MR. DeLONY: Thank you, County Manager. Good morning. I'm Jim DeLony, your department head for Public Utilities. It is my pleasure to present this item to you. I'm accompanied today with Joe Bellone, the operations finance director from Public Utilities, and my good friend Matt McLean, who's our engineering project manager for Public Utilities. This amendment today is -- reflects -- slide, please -- reflects the effort we've made over a period of a long time. Those of you that might know where this is, this is located just east of the county fairgrounds, north of Palmetto Ridge High School and the Orange Blossom Ranch development. The northeast project represents, as I said earlier, over two decades of strategic planning, and I would like to briefly walk you through that -- those two decades of planning that brought us here today. Next slide, please. We began design services with Carollo Engineers in 2004. Selected them for their specialized experience in the water and wastewater infrastructure. In 2010, the project entered hibernation due to the recession, but we as a county acted deliberately. We structured that pause with the Page 42 Page 106 of 6529 June 24, 2025 Board of County Commissioners' approval to approve our investment that we had made to date -- to that date so that when the time came, we could move forward with final design. By 2015, we extended the agreement to ensure project continuity. Then in 2017, we reactivated the project for engineering services that supported new development in that region, particularly site planning for utility services, deep injection wells, and the compatibility with the regional park and the recycling center that are adjacent to that site. Next slide. Today we're at that critical juncture that we all envisioned 20 years ago, and that -- we have current population projections that tell us that now is the time to advance this program to final design to meet the service demands that we need in place by 2031. The timeline is driven by agreements that are already in place with five major developments in the northeast Collier County area: The Sky Sail Rivergrass, the Town of Big Cypress, Bellmar, and Brightshore. Amendment 10 ensures we will meet demand by finalizing the construction designs for a four-to-six-million-gallon-per-day water reclamation facility, a 10-million-gallon-per-day regional water treatment plant, and the supporting infrastructure for both. What's unique about this approach -- our design approach, that we're going to utilize modular technology which will allow us the flexibility to expand as needed in the future as we see demand increase. The design will take full advantage of the most current water and wastewater treatment technology and positions the District to meet evolving regulatory requirements. And as part of the -- inasmuch that we are a part of a regionally connected system, the northeast facilities increase the reliance and agility for the entire Page 43 Page 107 of 6529 June 24, 2025 district, meaning we can move flows west to east, east to west to make sure we can stay in compliance and meet demand. The two notable technologies that we planned for this design -- I'd like to cover those quickly. The nanofiltration and reverse osmosis for raw water treatment, which allows us to utilize -- fully utilize both brackish and freshwater for our plant and, secondly, in terms of the wastewater, we're going to have advanced water treatment in that we'll being using membrane reactors -- bioreactors that will ensure that we meet not only current but emerging requirements for the treatment and disposal of treated wastewater. Very important to stay ahead of that game, obviously. Next point -- next slide, rather. Thank you. So we see Amendment 10 as a continuation to provide the opportunity to leverage Carollo's national and local expertise. It's a very important fact that the key members of this design team are from our original design team, to include the CEO of Carollo, a firm of over 800 team members located in 42 offices across our country. He was our lead designer for wastewater treatment, and he will continue same. I met with him personally to ensure that he's going to stay on the team. I looked at the names of the people that were with us in 2010 and the people that will be a part of the design team for this ongoing effort. Same folks. No bait; no switch. We've got the continuity of effort at the expert level, and I'm very proud to say that we're able to do that because that will give us the best effort in terms of retaining what we've already paid for as well as leveraging their great knowledge. This will give us the reduced time and cost, and it will certainly create the right program that we will need not only now but in the future. With Amendment 10, the total cost is estimated at about $32 million. The county has spent approximately $10 million to date Page 44 Page 108 of 6529 June 24, 2025 on engineering efforts. The current rough order of magnitude, or ROM, for the construction costs for this phase is approximately $438 million. This project is projected to be awarded for construction sometime in 2028. It is very possible economic and market factors will cause this to be higher. A ROM is an initial estimate of the project costs which provides a general idea of the project's budget with the expected accuracy range of minus 25 to plus 75. So it's as good as we can make it at this stage of the game, but there's no guarantees given the dynamics of the market, particularly for these high-demand items that go into building one of these plants. Calculated is a percentage of the current ROM. The design fee is 7.4 percent. For a project of this complexity, we consider this to be fair, reasonable, and represents a best-value investment for the county. Design costs typically vary project to project based on the project's complexity. We went out -- I went out and visited Sarasota County's Bee Ridge water reclamation facility, which will be very similar to the one we'll build. Same technology. The design fee on that particular facility is 10.4 percent. So I think we have the right price, we've got the right firm, and we need to move forward. In closing, the strategic approach with the continuity for the -- with the continuity for the Northeast Water Reclamation Facility and Water Treatment Plant has sound physical stewardship and implements a forward-looking treatment solution. It has -- it will position us to meet the increasing demand in our northeast service area. It certainly will allow us to remain in compliance with current and emergency -- emerging regulatory and treatment requirements. Commissioners, the Board has supported this approach to Page 45 Page 109 of 6529 June 24, 2025 deliver the no seeds [sic] program for two decades through noncontractual amendments; therefore, I respectfully request your approval of this Amendment 10 so we may move forward with the final design and the construction plans. That concludes my briefing other than your questions. CHAIRMAN SAUNDERS: Thank you, sir. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I'd like to make a motion for approval, and then I do have a comment if I do receive a second. COMMISSIONER LoCASTRO: Second. COMMISSIONER McDANIEL: Okay. Can I go first, sir? CHAIRMAN SAUNDERS: You've got the floor. COMMISSIONER McDANIEL: Okay. I just want to say, I want to -- I want to just remind everybody, in one of Mr. DeLony's original slides, the reactivation of this project came in 2017, and that was no mistake. That's when -- that's when I came into office. And as you know, I am a huge advocate of especially life-sustaining critical infrastructure and the requisites for the people that we already have, let alone knowing that there's more coming. There was a shift back in the day where if we don't build it, they won't come. That hasn't worked out so well for us. It's past time for us to be moving forward with regard to the critical life-sustaining infrastructure that we have. When I -- when I first came into office in '17, the previous management shared with me we had storage tanks at one of our facilities we couldn't take off-line because we didn't have sufficient redundancy in the system to be able to do proper PM and so on. Commissioner Saunders, you and I were party to the acquisition of the wastewater/water facilities in Golden Gate City. Again, that was all part of the integration of this system that we direly need for Page 46 Page 110 of 6529 June 24, 2025 our community and the residents that we currently have let alone knowing that there are more coming. We have all been able to see the advent of the developments that are coming forward in the east, but with the -- with Mr. DeLony's statement of our capacities to be able to move east and west with regard to our flows, it's critical for us for our entire community, and I'm wholly in support of moving forward with this. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. This is my third year into this job, and I still get sticker shock. So when I saw this, I was immediately -- I was bothered by the price of it. I'm in full support of it. And I'm just making a comment. I'm just being transparent. I felt like we were behind the eight ball, that we didn't have much of a choice, that our hand might be being forced, and that, you know, with this top firm and with the people that we had previous history with, that we didn't really have any wiggle room or we didn't have any say-so with it; we kind of had to go forward with it. But in talking with Mr. DeLony yesterday, I really appreciate the confidence that you brought to me in the fact that we are not being taken advantage of. MR. DeLONY: No, sir, we're not. COMMISSIONER HALL: That due diligence has been made; that we are making the right decision regardless of the price. And I just wanted to say it publicly that I appreciated you building the confidence in me to where if I ever get backed into a corner and I feel like I'm being taken advantage of, bad things rise up in me. COMMISSIONER McDANIEL: All of us. COMMISSIONER HALL: And I just -- Dot asked me -- she said, "How are you doing after yesterday's meeting?" And I said, "Well, I've been mad four times, and I've gotten over Page 47 Page 111 of 6529 June 24, 2025 it four times in the last hour." So I appreciate you. MR. DeLONY: Thank you, sir. Appreciate that. COMMISSIONER HALL: I appreciate the candor. I appreciate the honesty and the diligence that you did in moving forward with this. MR. DeLONY: Thank you, sir. CHAIRMAN SAUNDERS: And I'll echo all of those comments as well. I did appreciate the time that you spent going through this. I have a great deal of confidence that we're moving in the right direction. I've worked with a lot of your team members there over the years, and so I feel very good about moving forward with this even though it's a big number and, mostly likely, the number's going to get bigger. It's not going to get smaller. We have a motion and a second. If there are no registered speakers, then I'll call for the vote. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Thank you. MR. DeLONY: Thank you, sir. MS. PATTERSON: Commissioners, that brings us to Item 11B, formerly 16A8. This is a recommendation to hear a Land Development Code amendment related to floating solar facilities at two regularly scheduled daytime hearings and to waive the nighttime hearing requirement. This item is moved to the regular agenda at Commissioner McDaniel's request. Page 48 Page 112 of 6529 June 24, 2025 Mr. Mike Bosi, your director of Planning and Zoning, is here to present or answer questions. CHAIRMAN SAUNDERS: Before we get into that, it may be appropriate to take a quick break. I think we've probably only got about a half hour or so left in the meeting, but why don't we come back at 25 minutes to 11. That will give our reporter a bit of a break. We are in recess until 25 minutes to 11. (A recess was had from 10:22 a.m. to 10:35 a.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN SAUNDERS: I assume there's a large crowd of folks out in the hallway, if you'd tell them to come on in for the meeting. Ms. Patterson. Item #11B LAND DEVELOPMENT CODE AMENDMENT RELATED TO FLOATING SOLAR FACILITIES AT TWO REGULARLY SCHEDULED DAYTIME HEARINGS AND TO WAIVE THE NIGHTTIME HEARING REQUIREMENT. (COMMISSIONER MCDANIEL’S REQUEST) - MOTION TO APPROVE WITH DIRECTION GIVEN BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED MS. PATTERSON: Yes, sir. Starting back on Item 11B, Mr. Bosi. MR. BOSI: Thank you, County Manager. Mike Bosi, Planning and Zoning director. The request was simply to waive the nighttime hearing and have the Board hear the proposal for a Land Development Code amendment for floating solar facilities be heard at two regular agenda Page 49 Page 113 of 6529 June 24, 2025 items. I think there may be some commentary or questions or some direction the Board wanted us to provide or some of the Board members would like to suggest to how we're going move to forward with these proposals. So I would open myself for any questions or any direction from the Board of County Commissioners. CHAIRMAN SAUNDERS: Commissioner McDaniel, you had this pulled off the consent. COMMISSIONER McDANIEL: Yes, I did. And I just -- I just wanted -- you know, what I envision is a modified or simple conditional-use process. I know that we're being ordered by the state to adjust our Land Development Code to accommodate these floating solar facilities. And my understanding of the language that came from the state to -- was something along the lines to use our best efforts to accommodate these uses. What are you pointing at? MR. BOSI: The highlighted area, No. 3, I think, is most pertinent to your direction. And what it says is they must be a permitted use within the appropriate land-use category in each Comprehensive Plan and land development regulations. So my -- and Mr. Klatzkow could help me out with this, but I would think that we would need to make these permitted within a zoning district and then all other zoning districts. If you'd like to make them conditional or prohibited, that would be the discretion or direction of the Board. COMMISSIONER McDANIEL: So your interpretation is we pick one zoning district that they become allowed as. MR. BOSI: From reading 3, floating solar facilities shall be a permitted use in the appropriate land-use categories in each local government comprehensive plan, and each local government must amend its LDC regulations to promote the expanded use of Page 50 Page 114 of 6529 June 24, 2025 solar -- floating solar facilities. I would interpret that that we need to make that as a permitted use, but the County Attorney may have a different read on it. COMMISSIONER McDANIEL: Let's hear what the County Attorney has to say, if I can. CHAIRMAN SAUNDERS: Yeah. I would say that if the legislation says, "In appropriate land-use categories," they're really looking to us to determine what those appropriate land-use categories are. COMMISSIONER McDANIEL: That's kind of what I was thinking. CHAIRMAN SAUNDERS: Unless there's some other guidance. And there may be some in the legislative history of that language. But, Mr. Klatzkow? MR. KLATZKOW: Well, if you make it a permitted use, you're keeping with the language of the statute; however, if you make it a conditional use, a conditional use is an activity that is permitted -- permitted in that center, but you get to place conditions. And the statute also has certain conditions we could probably put on it, including buffering. You know, could it be challenged if you do a conditional? Yeah. Would it be challenged if you do a conditional? Probably not. COMMISSIONER McDANIEL: Would it be challenged what? MR. KLATZKOW: It could be challenged under the language of the statute, but I don't think it would be challenged. COMMISSIONER McDANIEL: I understand. CHAIRMAN SAUNDERS: The language there where it says, "In the appropriate land-use categories" doesn't give us any guidance as to what those categories are, and my assumption would be that we make that determination. So for example, if we said it's permitted in commercial districts, Page 51 Page 115 of 6529 June 24, 2025 it's committed -- it's -- but it's not a -- it's not appropriate in a single-family development, for example, it seems to me that they're giving us that ability to determine what land-use classifications are appropriate for this to be a permitted use. MR. KLATZKOW: Yes, sir. COMMISSIONER McDANIEL: Well -- and my thought process was allowing for them as a conditional use allows us to identify the individuality of the different requests that come forward. We don't have a specific land-use category for a lake unless it's a mining operation. When I get done digging, I'd shut off my pumps, and I have a waterfront community. So designating a particular use as an allowable use would allow us to have -- have community input, which is imperative, and also take into account the differentiations of the individual requests, if they even come forward. I mean, with the advent of what's going on, who knows whether the solar power's going to be as all that as what everybody thought it was going to be. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. I tend to go along in thought process with Commissioner McDaniel where I would -- if we have to do something, I would like to do the least that we have to do and give us the choice to do what we want to do. So when I say, you know, a floating solar facility be permitted in an appropriate land-use category, I go the opposite direction. I go to agriculture instead of commercial district. So if we made it permitted in agriculture and then somebody wanted to ask for a conditional use in another area, we would have that choice. CHAIRMAN SAUNDERS: Yeah, I agree. I think we have the ability to pick one or two land-use categories to say this is where it would be appropriate, and everywhere else it would have to be a Page 52 Page 116 of 6529 June 24, 2025 conditional use. We could still be challenged, but I agree with the County Attorney. I don't think there would be any challenge to that. But anyway, what is the request now, for us to waive -- MR. BOSI: The request is to waive the nighttime hearings -- CHAIRMAN SAUNDERS: Hearings. MR. BOSI: -- which is normally a customary approval from the Board of County Commissioners. You will just hear it at two of your regularly scheduled hearings. One thing I would like to clarify, and this is how it's proposed right now, just upon the -- when we went to our coordination with DSAC, DSAC's subcommittee, and then the Planning Commission, we were proposing as permitted by right in ag Estate, public use, and community facilities. So we would narrow it down to just rural agricultural as a use allowed. And then what I really wanted to have some feedback upon is if these were, say, a facility, say an industrial property wanted to have -- and it had a water management lake within that industrial property, if they wanted to have a solar facility developed as an accessory use there, would you still want that to be a conditional use, or would you find the accessory use within, say, an industrial zoning district as an allowable accessory use to the principal? And I know that's a little nuanced, but those are things that we will have to deal with as we're writing the code specifically. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, not in the Estates. MR. BOSI: Okay. Yes. COMMISSIONER McDANIEL: Okay? MR. BOSI: Yes. COMMISSIONER McDANIEL: I'm -- community facilities, no. I don't mind anybody coming and asking. I -- and, Commissioner Hall, agriculture scares me as well. That's -- that Page 53 Page 117 of 6529 June 24, 2025 encompasses hundreds of thousands of acres in Collier County. I am a miner. I have a conditional use on an agriculturally zoned piece of property. And as I said, when I get done digging, I shut off the pumps, and what do I have? I have lakes. So you have the potential by right of these solar fields popping up in lakes throughout our community without anybody having anything to say about it. And so I'm in agreement with you with regard to restricting the allowable uses by right at all down to a minimum. And, you know, in my personal viewpoint, the public use probably is the most prohibitive that we, in fact, have, because we aren't going to do anything as a government that wouldn't necessarily be known to the community, and then -- and then allow for agricultural Estates. C-1 through 5 is fine as an ancillary use as long as it's a conditional use. I want to be able to have the conditions to protect the community. So I'm not in favor of agriculture at all. Of those defined uses, public use is the one that I can get the -- if we have to pick one, if that's the interpretation, that we have to pick one to allow it, then that's the one that I would pick. Because that, to me, is the government already. CHAIRMAN SAUNDERS: All right. We're -- the only request now is to waive the nighttime hearings. And you're looking for some guidance. I would agree with Commissioner McDaniel. I want to protect the neighborhoods as well, and I think the -- and we'll have this debate when it comes back. Commissioner McDaniel is talking about public use areas for it to be permitted. I was talking in terms of some of the commercial districts where I think it would be appropriate. But I think we all agree -- well, I can't say we all agree. But I think that that's going to be the issue. I think that having these in the "E" Estates would be a mistake because with what's going on in the Estates right now, this is Page 54 Page 118 of 6529 June 24, 2025 just going to add to it, and we certainly don't want to do that. I don't know if you need any further clarification before we go forward with this. MR. BOSI: And as a summary, what I've heard was to move forward as a permitted use within the public and then all other requests, whether it be a principal use or an accessory use, would require a conditional use. CHAIRMAN SAUNDERS: We'll have a -- COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: -- discussion as to whether or not at the time -- COMMISSIONER McDANIEL: Did you make that as a motion? CHAIRMAN SAUNDERS: We'll have a discussion as to whether or not perhaps commercial would be appropriate as well or even the agricultural. But you understand that we want to limit -- MR. BOSI: Absolutely. CHAIRMAN SAUNDERS: -- where it's permitted. MR. BOSI: Staff has a complete understanding of what we're going to bring back to the Board of County Commissioners. And then whatever modifications that you make at the time is appropriate based upon that. CHAIRMAN SAUNDERS: Any registered speakers? MR. MILLER: No. COMMISSIONER McDANIEL: Move for approval. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: We have a motion and a second to approve waiving the nighttime hearings. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. Page 55 Page 119 of 6529 June 24, 2025 CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. BOSI: Thank you. Item #15A PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Item 15A is public comments on general topics not heard on the current or future agenda by individuals not already heard during previous public comments in this meeting. MR. MILLER: We have none. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: Item 15B is staff project updates. We have none. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 56 Page 120 of 6529 June 24, 2025 MS. PATTERSON: That brings us to Item 15C, staff and commission general communications. I'm going to hold my comments -- we do have Mr. Summers in the room as well -- until we move over to the commissioners to discuss the jetport. But other than that, just to mention that we do have a full meeting on July 8th, a number of topics coming forward. I've discussed this with you in our one-on-ones. So as it stands now, we've got a number of interesting things that we'll be discussing on July 8th. With that, County Attorney. MR. KLATZKOW: Nothing. Thank you. MS. PATTERSON: Commissioners. CHAIRMAN SAUNDERS: All right. So we're not going to hear from Mr. Summers? MS. PATTERSON: We figured we would take your comments, and I know some of you have questions specifically about the jetport. So if we want to do -- once you've had a chance to talk about it -- CHAIRMAN SAUNDERS: Why don't we go ahead and hear the subject before we go to our comments. MS. PATTERSON: You want to go ahead and go straight to that? Yep. So just to get this started, we received notification from the State of Florida through FDEM over the weekend regarding a letter of interest regarding the jetport, so this is the landing strip out in the middle of the Everglades -- not to be confused with any of the county-owned. This is operated by the Miami-Dade Airport, their port authority -- for this property to be utilized for emergency purposes. As more information became available to us, there's a proposal now that -- between the federal government and the State of Florida to utilize the property for a temporary detention center. It's our Page 57 Page 121 of 6529 June 24, 2025 understanding that there are already resources being mobilized and moved onto the site to be able to assemble trailers as well as heavy-duty tent facilities to house detainees at that property. There is a proposal for the property to be purchased by the State of Florida. That was sent to -- I have a copy of that letter. That was sent to Miami-Dade County as well as Collier County. With that, I'm going to turn this over to Mr. Summers, who has a long history with this property but has been in communication with FDEM and others to bring you up to speed. MR. SUMMERS: Commissioners, good morning. For the record, Dan Summers, director of emergency management. Let me preface this: I have about eight quick talking points. They may or may not fall in a sequential order. But let me just start off to say this has been a very fluid set of circumstances, and I think you-all can appreciate that based on the current climate. Just a couple of things to share with you. First of all, the Miami jetport is referred to -- its airport abbreviation is TNT. So you will hear that TNT airport, Transitional and Training Airport, designator used as a matter of shorthand. I was generally aware that the Florida Division of Emergency Management back in February did a site visit at that location. We were not included in that discussion, but they did do a site visit for some advanced contingency planning back in February. We all caught the news reports from the State Attorney General's office, I think, about midweek of the -- of this proposed action. Other than that -- other than the initial news report, at least local Emergency Management, to my knowledge, was not notified, and I think local law enforcement both with Collier County Sheriff's Office as well as Miami-Dade Sheriff, they were just recently brought into the fold. I did speak with state FDEM Director Kevin Guthrie, and let me Page 58 Page 122 of 6529 June 24, 2025 make sure you understand how their approach is. Kevin Guthrie is certainly a busy man, because he has been supporting the Israeli evacuees coming into the state of Florida under the Governor's request, and then also his role is setting up the logistics for this base camp, if you want to call it that, where they're bringing in mobile trailers and heavy duty tents and other wraparound services for this detention facility. And I did see those resources inbound yesterday. I have not made a site inspection. I don't know that that's necessary at this point, but we're very familiar with the property. I understand from Kevin Guthrie that the direction is to have that site operational on or about July the 1st. And from there, let me clarify for your comfort a little bit about the jurisdictional authority. And I know about that jurisdictional authority because, as I ran Ochopee Fire Department for many, many years, we had agreements down there for service. But the property itself, all 28,000 acres, I believe, is contained within Collier County, but, by agreement, Miami-Dade port authority or airport authority is the owner/operator of that particular parcel. The -- basically the county has no jurisdictional authority on that site; however, our engagement there has been things like plane crashes and accidents, responding from Ochopee, et cetera. That airport facility, if you've not been on campus, there is really just the gigantic single runway. A little bit of cleared space, a couple mobile homes, a power line, and a couple of pole barns, and a lot of real estate is really all that's out there at that particular location. So there's very -- there's minimal infrastructure. I know Jack Wert and I looked that the site at one time for a possible airshow. The detention facility, the lead operator will be the Florida Department of Corrections. So you've got Florida Department of Corrections working with federal and state law enforcement agencies Page 59 Page 123 of 6529 June 24, 2025 for that detention. The FDEM role is related to the logistical support of that site. I did speak with Colonel Bloom last night and made sure that we were all on the same piece of music. He, in turn, has also been in touch with Miami-Dade Sheriff so that any further evaluation for any offsite consequences is being planned for. Again, the bulk of this, the state has said that they are going to take the responsibility for on-site emergency services, that includes fire and EMS. So we've been told there will be no taxing of our resources. But again, I think as these things kind of materialize and mature, if we run into a hiccup, we know that all the parties can gather around the table and work that out. The state has also indicated, as I mentioned, the fire and EMS services, and I'm going to re-talk with Miami-Dade EM today and make sure that they are also handling any backfill of any fire and EMS assets. If you've been out there, you know it's a long way from nowhere, and we're -- we would encourage them to look at air operations if needed for medical evacuation probably from Miami-Dade. That has more air assets. I'll maintain that open line of communications. As I mentioned, I spoke with Director Guthrie, mentioned that I felt like we were taking a little off guard without some more advanced notification, but I do understand he's been extremely busy with several operations as well as ongoing FEMA recovery. But the line of communications is there. There are no unmet needs, and there have been no taskings made to my office or to Collier County. As always, we'll have a -- maintain a full cooperation in support with our federal/state partners. We'll monitor any offsite concerns, and FDEM will be handling all the media inquiries. So, yes, it's within our confines. Owner/operator is Miami-Dade Jetport Authority, and lead operations is Florida Department of Page 60 Page 124 of 6529 June 24, 2025 Corrections with the federal and state partners. And I think they have also worked to improve some of their communication resources, wireless resources, cellular coverage. Historically it's been bad out there, but I believe that's been addressed. Other than that, I think the unified command approach is certainly in place. And again, we will support, and I will keep you updated with any other concerns. CHAIRMAN SAUNDERS: I have just a couple quick questions. You had indicated that the county has no jurisdiction out there at all. I just want to have confirmation from the County Attorney that we have no involvement in any of this. MR. SUMMERS: Yes, sir. We went back and looked at -- well, first of all, the agreements were kind of antique. That was done late '60s with a full transfer, and I believe it may have even been a bill of sale or a deed to that. I originally thought it was a lease. I misspoke a little bit about that property. The agreement that I had on file for Ochopee was really related to services, fire services and other support. But it's clear in my mind that we do not have jurisdiction over that property. CHAIRMAN SAUNDERS: The reason I ask that is we are going to get requests, have already gotten requests to weigh in in reference to this project. And I just want to make it clear from the public -- on the public record with -- from the County Attorney and with you that this board has -- and this county has no jurisdiction to deal with this issue. This is a state/federal issue and a Dade County issue. Is that correct, Mr. Klatzkow? MR. KLATZKOW: I believe that's correct, but I will double-check. CHAIRMAN SAUNDERS: Okay. Because we will get those Page 61 Page 125 of 6529 June 24, 2025 questions. MR. KLATZKOW: Yes, sir. CHAIRMAN SAUNDERS: And then secondly, you're familiar with the location out there. MR. SUMMERS: Yes. CHAIRMAN SAUNDERS: We've had many hurricanes since that site was designated as a training runway. What happens when we get a storm across there? Does that area just flood a lot, or is it just -- MR. SUMMERS: It is naturally low. CHAIRMAN SAUNDERS: It just seems like it's in the middle of the Everglades. MR. SUMMERS: And, frankly, Miami-Dade will close that airport frequently during severe weather because of the absence of resources on site. In terms of any contingency planning related to the detainees, that is a hot topic that I will cover with Miami-Dade Chair. It is my opinion -- and again, I love my colleagues, but this is their show, and the consequences of storm management will be theirs. CHAIRMAN SAUNDERS: The reason I asked that is, you know, they're putting tents out there, temporary facilities. We're in the middle of the hurricane season. We're going to get some. Everyone knows that. And I don't know if this is all of a sudden going to become our problem. You know, if there are thousands of people out there that have to come west because of a storm approaching from the east, does that become our problem? MR. SUMMERS: I'm going to address that. I don't want it to become our problem, let me just put it that way, as diplomatic as I can. And also, remember, too, not too far down the road, you've got the Krome federal facility, too. So I suspect that if there is a shelter of refuge, those detainees would be moved to the Krome location. Page 62 Page 126 of 6529 June 24, 2025 CHAIRMAN SAUNDERS: Well, if you could kind of tie that down a little bit because -- MR. SUMMERS: I will. Oh -- I mean, yes, sir, I will. That's high priority. CHAIRMAN SAUNDERS: Okay. Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I like what you said, Dan, because I agree. I think when it comes to -- you used the term "unified command," and I know we all take great pride in what I call cohesive messaging. I don't know about the other commissioners, but I actually got two formal requests for interviews from the New York Times and one just about an hour ago from USA Today. I would just make the suggestion that -- and it echoes what Commissioner Saunders was saying -- that any of those requests we get, I plan to send them to Ms. Patterson who will probably involve you and John Mullins. But I think, you know, any of us making statements -- I believe some of these requests might be coming to me -- or maybe they're coming to all of us. But two formal requests came to me because they might think it's in my district because I've got a big chunk of the Everglades. But I think it's a -- it would be a big mistake for any of us to sort of separately answer. Even if we're echoing what you're saying, I just think, you know, people are jumping on any type of -- reporters on any type of feedback. And like you said, this is a very fluid, evolving situation, and we weren't the main players. And I think these news outlets hearing it from county staff and people in your positions rather than us trying to pontificate on top of a soapbox or something is going to confuse messaging. Too many cooks in the kitchen. So that's what I plan to do with the two requests that I got. So I'm going to send those to you, Ms. Patterson. I'm going to CC -- well, I'll send it to the three of you because John Mullins, Page 63 Page 127 of 6529 June 24, 2025 obviously, is involved a lot of times -- all the time in our messaging to the media and press, and I, for one, I'm not going to make any kind of comment and confuse the situation. MR. SUMMERS: Thank you, Commissioner. And to be a little more candid than that, I did make that perfectly clear to Director Guthrie, and he said, "We absolutely will handle all the media inquiries." And my plan -- I've received several as well and withheld that, confirming Kevin Guthrie's point of contact. County Manager and I will formalize that protocol. I do think it's important to let -- it is a state-led mission, and they have worked out a real estate deal with Miami-Dade. And I would say, other than that we're Switzerland in this environment unless there's some other request. COMMISSIONER LoCASTRO: And in my forward, I don't plan to reply back to the reports to let them know what I'm doing because that then opens up this huge dialogue. Then they go, well, just a couple of quick questions, and it becomes, you know, sloppy. But I appreciate you taking this on and keeping us posted. I think Commissioner Saunders really brought up one of the main key points, that it might be a big chunk of empty land out there, and maybe somebody was salivating thinking they can do something with it. But sitting here in the middle of hurricane season, I sure would hate to see this plop in our lap that a thousand detainees that were sitting in tents now need food, shelter, transportation and all that. And it's also in the middle of an environmentally sensitive -- you know, environmentally impacted area. I realize they use it for touch and goes and whatnot, but -- that surrounding area. But I would expect, no question, Dan, you're the guy that's going to relay that to everyone. And I'm sure they've put some thought into that, but I don't -- like you always say, I don't want them to think that Page 64 Page 128 of 6529 June 24, 2025 we're a love boat when it comes to hurricanes; that we could be a lifeboat in time of emergency. But it could be a big ask if a Hurricane Ian or Irma or a Katrina came through here, and we had people out in the boondocks there in serious, you know, jeopardy, you know, due to the storm. MR. SUMMERS: And it does bother me, sir -- you're spot on -- because even in between the taxiways are quite low and quite wet. So again, the contractors are going to have their hands full with anything temporary on a good day, especially in the rainy season, and then secondly, those escalating consequences if we're looking at a storm threat. We'll get on it directly with our partners. COMMISSIONER LoCASTRO: Thank you, sir. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Thank you, Mr. Chair. Keep me in the loop. MR. SUMMERS: We will. COMMISSIONER LoCASTRO: It's your district. COMMISSIONER McDANIEL: This is in my district. They sent an LOI to Commissioner LoCastro last week. I just learned about that yesterday. You were the Chair, that was the last record that they had, being the Chairman of the Board. And again, I'm not the beginning and the end, but just to -- I had no visibility on this whatsoever. I actually went to -- it was requested by a reporter -- I heard Congressman Byron Donalds on the radio. He wasn't aware of it and really thought it was a pipe dream of somebody, and now we're all learning that this isn't a pipe dream. Now, with regard to our concern -- and these are all valid concerns, but we all know -- we've all -- most of us have all experienced multiple hurricanes, and it depends on which way that dang thing's coming. If it's coming from the east, they're going to move to the west. If it's coming from the west, they're going to move Page 65 Page 129 of 6529 June 24, 2025 to the east. But nobody -- nobody even -- nobody even called and talked to me about the exposure for our community with regard to the utilization. And I know they don't have -- I wasn't -- I'm not looking for permission. I'm just looking for some information with regard to that. I spoke to the owner of the Hendry County prison, which is out at the end of Oil Well Road that has a wastewater/water treatment facility that's zoned as a prison that Governor Scott shut down back in his day. Nobody even communicated with him about the utilization of that facility. So communication's nine-tenths of the law, and I absolutely concur that we should stay out of the media with regard to this. Unified command is, in fact, the way to go. I'll direct my questions and comments over to the County Manager's Office as well. But minimumly, send us one-way communications. I just learned today that you knew of a site inspection that was going on out there in February of this year. MR. SUMMERS: That was passive information. COMMISSIONER McDANIEL: Not that you knew what they were doing. And I'm not throwing any rocks -- MR. SUMMERS: No, no. COMMISSIONER McDANIEL: -- please. I'm frustrated because people look to us to kind of sort of know what's going on. And I already gave a report to a reporter with regard to the knowledge that I had at the time last week when this first bubbled up that this was -- wasn't even coming as a facility. I actually even stepped out and said there's -- this wasn't working. COMMISSIONER LoCASTRO: Never heard of it. MR. SUMMERS: Commissioner, I'm known for my candor, and I won't let you down. Page 66 Page 130 of 6529 June 24, 2025 The calls that I made on Saturday to FDEM, to my regional -- up my chain -- and staff was at Tampa -- was this, as of Saturday, was investigatory only. It went from investigatory to assets being deployed with my next follow-up call. I have to be careful about not biting the hand that feeds me, but I, too, am disappointed in the absence of a courtesy call on this. COMMISSIONER McDANIEL: I spoke with Kathleen Passi -- our senator this morning, and she -- and granted, she was traveling, so she was a little bit out of the loop, but she wasn't even made aware that it -- that this facility was coming, and I -- and that's my major frustration. It's -- you know, everybody's got an opinion with regard to the environmental sensitivity and the potential exposures and so ons and so forth. But the bottom line, communication's nine-tenths of the law. MR. SUMMERS: And let me -- I'll wrap up here and just say this -- COMMISSIONER McDANIEL: Me, too. I'm done. MR. SUMMERS: -- we know -- we have a great deal of respect for the law enforcement sensitivity, but law enforcement sensitivity deals with the crisis component. The county deals with the consequence component. So we're the second ring around that operation, if you will. And again, I think we can handle it. Just a little disappointed that we didn't get quite the heads-up that we deserved and I needed to pass along to you. So we're caught up, and I'll -- I can assure you we will keep you informed. COMMISSIONER LoCASTRO: I'll just add, I got that letter of intent, what, a day or two ago, and I think five minutes after receiving it -- I just happened to be doing email at the time -- I read it and I knew that I wasn't the person who should get this, nor did I really know exactly what it was, so I sent it to Ms. Patterson and Page 67 Page 131 of 6529 June 24, 2025 Mr. Klatzkow, and then they were already starting to get feelers. But that's the last correspondence I got. And I would expect, Ms. Patterson, you replied -- I think you did reply back to that person saying Commissioner LoCastro isn't the guy that should get this. They should be dealing with you. So I think we corrected that misconnection, and then I assume then you or somebody is who informed Commissioner McDaniel because I couldn't, but I figured you would. MS. PATTERSON: Yes, sir. As this situation continued to evolve through our -- when we were in one-on-ones yesterday, we brought each of you the information we had at the time, which actually was -- started as basic in the morning, and by the afternoon we found out that they were actually mobilizing. So it was definitely a dynamic situation yesterday with our level of knowledge. We, like you, had heard some reports about some investigation but didn't -- you know, quickly realized that it was way beyond that. COMMISSIONER LoCASTRO: I would only add there is some confusion on social media. You know, I kind of monitor things a little bit just to -- sometimes you do hear some good things that you need to jump on. There are a few people that are confused, and they're confusing this with the Everglades airport. And so we just clarified that here. Because a lot of people don't know about this airstrip, and so there's been so much talk about the Everglades Airpark recently and what we might do, and it's being morphed in some -- and I'm not jumping on it and making the correction because then you're having a town hall meeting on Facebook. But I think the more we put out, we should clarify that because not a lot of people are aware of this location, and they're confusing it with the Everglades Airpark. COMMISSIONER McDANIEL: Somebody put out a map and point at where it is, I mean, and that will help clarify a lot of the Page 68 Page 132 of 6529 June 24, 2025 mis- and disinformation that's out there. MR. SUMMERS: And I think with Mr. Mullins' help, we'll make sure that we've got FDEM and Collier Sheriff's Office on the same page. CHAIRMAN SAUNDERS: I'm going to just wrap this issue up with there are a couple very important points for the public to fully understand. We've brought those out. The first one being this county has no authority, has no jurisdiction, has no say in what goes on at that airport. This is an issue coming out of Tallahassee, and we were not consulted in any way in terms of whether it's a good place for this type of facility. Not our issue. So when people ask us, "What can we do?" the answer is, obviously, "Contact, you know, the state government." We have no -- we have no say, and that's not going to change. Whether this is a good idea or bad idea, again, not for us to opine on. If I'm asked, I will give my opinion but only as an individual, not as, you know, someone representing the county and -- because we are going to be asked those types of questions. And I think that, you know, we just -- the public just needs to understand we have nothing to do with this. MR. SUMMERS: Correct. CHAIRMAN SAUNDERS: All right. MR. SUMMERS: Thank you. CHAIRMAN SAUNDERS: Anything else on that topic before we move on to the conclusion? (No response.) CHAIRMAN SAUNDERS: All right. MR. SUMMERS: Thank you, Commissioners. CHAIRMAN SAUNDERS: Thank you. Then we'll go to our last item, which is County Commission communication. Page 69 Page 133 of 6529 June 24, 2025 Commissioner Hall, do you have anything for the good of the order here? COMMISSIONER HALL: Nothing for the good of the order other than if I'm ever, ever notified by fake news, it's crickets from me. CHAIRMAN SAUNDERS: That's probably why they keep calling me. They're getting crickets from everybody else. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Thank you, sir. I have two points. And I asked about these yesterday, but I just want to make them formal questions. We had some discussion about a tower at Ochopee and that fire station down there. I'd like to get an update on that soon as to how we're going, what we're doing, because that was a very contentious item. MS. PATTERSON: Yes, sir. COMMISSIONER McDANIEL: And maybe we can put one out at the jetport while they're moving facilities in. And then the other is there was a -- I had a request for a notice -- an expansion of the notice requirement for rezones, so we -- to include agriculture -- basically all lands. I think it's time for us to expand those bounds. We've been caught -- I have been caught a couple of times with a very limited amount of people knowing that a rezone request is coming, so I would like that to be addressed at a -- you don't have to do it now unless you're ready to say something about it. Mike, do you have -- Mr. Bosi. MR. BOSI: Mike Bosi, Planning and Zoning director. And I know this isn't customary for staff to -- the direction that we thought that we had heard from the Board was to increase the agricultural notification from a thousand feet to one mile. That doesn't -- it's not changing anything within the zoning districts within Page 70 Page 134 of 6529 June 24, 2025 the urbanized area. This was -- we understood it as strictly related to the agricultural areas. Are you asking for even larger notification for zoning districts beyond the Estates and ag to be one mile? COMMISSIONER McDANIEL: And that can be -- I want the ag done yesterday. MR. BOSI: Okay. COMMISSIONER McDANIEL: And then I'm not opposed to having a discussion by our board with regard to this, to elevate this because, there again, we've all ran into rezone requests and use changes and along those lines, and people aren't well informed depending on -- and it basically just boils down to how far we're -- our regulations are set up for a notice of a use -- a change of use. So minimumly, the ag -- including the agriculture will assist, and then we can have a -- maybe when we adopt that, we'll talk about the others. MR. BOSI: Thank you. COMMISSIONER McDANIEL: Thank you, sir. CHAIRMAN SAUNDERS: Commissioner McDaniel, do you have anything else to add? COMMISSIONER McDANIEL: No, sir. CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I just wanted to say two quick things. I had added something on 16K10 [sic]. It was a recommendation to reclassify Scott's Spitzer as a -- to an at-large seat on the Infrastructure Surtax Citizen Oversight Committee, which I will tell you I personally know Scott. Very impressive individual. He served in elected office up north previously. And I just wanted to go on the record and just say he's -- he's been a very involved citizen Page 71 Page 135 of 6529 June 24, 2025 in my district, and I really appreciate his efforts and his ability to step forward and be part of anything to make the county better. He's been a great resource, and so we did a good thing today by elevating his at-large seat and putting him permanently on the Infrastructure Surtax Citizen Oversight Committee. Do you know Scott? COMMISSIONER McDANIEL: Very well. I'm all for the move. COMMISSIONER LoCASTRO: I don't know if he'll hear this or anybody will hear it, but it's worthy of mention. And then, lastly, I just wanted to say -- I had said it before -- I was really impressed with what Paradise Coast Sports Complex did for Memorial Day. You know, as a veteran, it was very meaningful that they understood what Memorial Day was. They had a packed house. And a lot of efforts by Jamie French and his staff to, once again, make that facility spit shined showed. They've got an event -- a game on July 4th. Lots of other activities, and I'm sure we'll get the word out to everyone, and I hope to see a full crowd there to, you know, celebrate the 4th of July. But it will be a special evening at the sports complex, and I hope our local citizens come out and rally for an event that celebrates our nation's birth. CHAIRMAN SAUNDERS: I'm glad that you mentioned the Paradise Coast. On July 8th, at our next meeting, I am bringing back the issue of the sixth penny for providing some additional funds to finish off that park, so we'll have another presentation. But at that point I'm going to be asking the Board to make a decision. So if you have any questions or issues about that, we've got a couple weeks before it comes back. I'm sure there will be -- there will be some, so I wanted to give you some forewarning on that. Also, Ms. Patterson, it doesn't have to be July 8th, but perhaps Page 72 Page 136 of 6529 June 24, 2025 our first meeting in August, if July 8th is getting to be crowded, I would like an update on the Everglades airport, because we are still getting a lot of questions about that. MS. PATTERSON: Yep. CHAIRMAN SAUNDERS: And I know there's been a lot of work done on that. And I know Ms. Trinity has done a lot of stuff on that, and we have a lot of good news. So Ms. Scott has been working very hard on that, so... MS. PATTERSON: Yes, sir. Depending on how all these items pan out on July 8th, we can plan for July 8th or August 12th for an update. CHAIRMAN SAUNDERS: There's no -- there's no urgency in that, but I just want to get the word out to the public what's going on there. MS. PATTERSON: Yes, sir. CHAIRMAN SAUNDERS: Anything else? (No response.) CHAIRMAN SAUNDERS: If not, we are adjourned. ******* ****Commissioner McDaniel moved, seconded by Commissioner Hall, and carried that the following items under the consent and summary agendas by approved and/or adopted**** Item #16A1 RECORDING THE PLAT OF TERRENO AT VALENCIA GOLF AND COUNTRY CLUB – PHASE 4 (APPLICATION NUMBER PL20240001645), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND Page 73 Page 137 of 6529 June 24, 2025 APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $4,920,187.06 - LOCATED IN SECTIONS 24 & 25, TOWNSHIP 48 SOUTH, RANGE 27 EAST Item #16A2 FINAL ACCEPTANCE OF THE SEWER UTILITY FACILITIES FOR NCH NORTH NAPLES MEDICAL PARK, PL20250001295 – FINAL INSPECTION BY STAFF FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE ON APRIL 22, 2025 Item #16A3 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR CAYMAS PHASE II – PHASE 1A (PL20240010875) - FINAL INSPECTION FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE BY STAFF ON MARCH 25, 2025 Item #16A4 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $1,000,000, WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20210002363 FOR WORK ASSOCIATED WITH THE TERRENO AT VALENCIA GOLF AND COUNTRY CLUB PHASE 1 - THE AS-BUILT LAKE CROSS-SECTION HAVE BEEN RECEIVED AND INSPECTED ON MAY 8, 2025 Item #16A5 Page 74 Page 138 of 6529 June 24, 2025 WAIVE THE NIGHTTIME HEARING REQUIREMENT AND HEAR A LAND DEVELOPMENT CODE AMENDMENT RELATED TO THE RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT (RLSA DISTRICT) AT TWO REGULARLY SCHEDULED DAYTIME BOARD OF COUNTY COMMISSIONERS’ MEETINGS AND APPROVE A REQUEST TO ADVERTISE THE LAND DEVELOPMENT CODE AMENDMENT (PL20220003445) Item #16A6 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $56,600, WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) FOR WORK ASSOCIATED WITH AVALON NORTH AT AVE MARIA – MODEL PARK (PL20240013711) - W/PULTE HOME COMPANY, LLC Item #16A7 STAFF TO ADVERTISE AND BRING BACK AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE TO ALLOW AN APPLICANT OF A LAND USE PETITION THAT REQUIRES A NEIGHBORHOOD INFORMATION MEETING (NIM) THE OPTION OF ADVERTISING THE NIM ON THE COUNTY CLERK'S (PL20250000524) Item #16A8 – Moved to Item #11B (Per Agenda Change Sheet) Item #16A9 Page 75 Page 139 of 6529 June 24, 2025 RECORDING THE PLAT OF SEVEN SHORES – PHASE 3 (APPLICATION NUMBER PL20240009867), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE PERFORMANCE SECURITY IN THE AMOUNT OF $2,797,624.86 - W/STIPULATIONS AS DETILED IN THE EXECUTIVE SUMMARY Item #16B1 RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER NO. 1 UNDER AGREEMENT NO. 24-8213, TO ADD THIRTY DAYS TO THE CONTRACT TIME AND ADD $150,510.00 OF FUNDS UTILIZING THE FY2025 CRITICAL BRIDGE REPAIRS PROGRAMS AND THE PROJECT ALLOWANCE FROM BRIDGE 034048 TO COMPLETE AND PAY FOR ADDITIONAL WORK ON THE RANDALL BOULEVARD AT GG MAIN CANAL BRIDGE PROJECT AS A RESULT OF A CAR CRASH, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 66066) - W/THOMAS MARINE CONSTRUCTION, INC. Item #16B2 AN AFTER-THE-FACT PAYMENT OF $103,572.26 TO HORSEPOWER ELECTRIC, INC., FOR THE "SIGNAL HARDENING AT AIRPORT RD & POINCIANA ELEMENTARY SCHOOL" PROJECT - UNDER CONTRACT #23-8119 Item #16B3 Page 76 Page 140 of 6529 June 24, 2025 COLLIER AREA TRANSIT (CAT) PUBLIC TRANSPORTATION AGENCY SAFETY PLAN (PTASP) UPDATE IN ACCORDANCE WITH FINAL RULE 49 C.F.R. PART 673 REQUIREMENTS - APPROVED ON MAY 8, 2025 Item #16B4 STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH KIMLEY-HORN AND ASSOCIATES, INC., RELATED TO RPS NO. 24-8310, DESIGN SERVICES FOR “FOUR-POINT ROUNDABOUT IMMOKALEE ROAD AT CAMP KEAIS ROAD” SO THAT A PROPOSED AGREEMENT CAN BE BROUGHT TO THE BOARD FOR CONSIDERATION AT A FUTURE MEETING Item #16B5 - Added BEACH FILL PROJECT ON VANDERBILT BEACH AND TO (1) AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF $165,212.50 FOR CONSTRUCTION TO EARTH TECH ENTERPRISES, INC. UNDER AGREEMENT #21-7885 “BEACH MAINTENANCE RELATED ACTIVITIES” FOR AN ON-CALL URGENT SERVICES BEACH FILL PROJECT ON VANDERBILT BEACH AND A PURCHASE ORDER FOR $49,500 TO STEWART MATERIALS, LLC UNDER AGREEMENT #21-7827 “BEACH COMPATIBLE SAND SUPPLY” FOR THE PURCHASE OF BEACH QUALITY SAND, AND (2) MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM (PROJECT #90066) Item #16C1 Page 77 Page 141 of 6529 June 24, 2025 BOARD OF COUNTY COMMISSIONERS, AS THE EX OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, AWARD INVITATION TO BID NO. 25-8338 TO POWERSERVE TECHNOLOGIES, INC., FOR THE SCRWTP ELECTRICAL RELIABILITY PHASE IIA PROJECT, IN THE AMOUNT OF $4,765,400, AUTHORIZE AN OWNER’S ALLOWANCE OF $100,000, APPROVE THE NECESSARY BUDGET AMENDMENT, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (PROJECT NO. 70069) - THIS PROCESS HAS A PERMITTED CAPACITY OF 12 MILLION GALLONS PER DAY OF POTABLE WATER Item #16C2 BOARD OF COUNTY COMMISSIONERS, AS THE EX OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, AWARD INVITATION TO BID NO. 25-8339 TO POWERSERVE TECHNOLOGIES, INC., FOR THE SCRWTP ELECTRICAL RELIABILITY PHASE IIB PROJECT IN THE AMOUNT OF $2,935,000, AUTHORIZE AN OWNER’S ALLOWANCE OF $100,000, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (PROJECT NO. 70069) - THIS PROCESS HAS A PERMITTED CAPACITY OF 12 MILLION GALLONS PER DAY OF POTABLE WATER Item #16C3 AMENDMENT NO. 3 TO AGREEMENT NO. 22-8000 WITH LHOIST NORTH AMERICA OF ALABAMA, LLC, FOR QUICKLIME SUPPLY FOR THE COLLIER COUNTY WATER- Page 78 Page 142 of 6529 June 24, 2025 SEWER DISTRICT, TO INCREASE THE FEE SCHEDULE PRICES, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AMENDMENT - THE SECOND AMENDMENT TO ALLOWED FOR AN INCREASE OF $83.51 PER TON INCREASE IN UNIT PRICE APPROVED AT THE JULY 23, 2024 BCC MEETING; THE THIRD AMENDMENT AGREEMENT WILL INCREASE BY $14.68 PER EFFECTIVE JULY 12, 2025 THROUGH JULY 11, 2026 Item #16C4 BOARD OF COUNTY COMMISSIONERS, AS THE EX OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, APPROVE CHANGE ORDER NO. 1 TO AGREEMENT NO. 20-7722-NS, WITH AECOM TECHNICAL SERVICES, INC., FOR THE NCWRF HEADWORKS FACILITY PROJECT, ADDING 349 DAYS TO TASKS 1 THROUGH 6, REALLOCATING $272,893 FROM DESIGN AND PROCUREMENT TASKS TO CONSTRUCTION RELATED SERVICES TASKS, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 70149) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C5 BOARD OF COUNTY COMMISSIONERS, AS THE EX OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER NO. 4 TO AGREEMENT NO. 23-8116, WITH POOLE & KENT COMPANY OF FLORIDA, FOR THE NCWRF PRETREATMENT FACILITY PROJECT, ADDING SEVENTEEN Page 79 Page 143 of 6529 June 24, 2025 DAYS TO THE CONTRACT TIME, APPROVING THE USE OF $302,321.39 OF THE OWNER’S ALLOWANCE, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER (PROJECT NO. 70149) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D1 A BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED, IN THE AMOUNT OF $4,300.74, FOR DECEMBER 2024 THROUGH MARCH 2025 ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES FOR THE USE OF COLLIER COUNTY RESIDENTS (PUBLIC SERVICE MATCH FUND 1840) Item #16D2 THE FY24-25 STATE AID TO LIBRARIES GRANT FUNDING, IN THE AMOUNT OF $129,213 AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT (PUBLIC SERVICE GRANT FUND (1839) PROJECT #33943) - FOR THE AFTER- THE-FACT APPLICATION AWARDED ON MAY 8, 2025 Item #16D3 THIRD AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES FOR THE RESTORATION OF THE HISTORIC COTTAGES AT MAR-GOOD HARBOR PARK TO EXTEND THE PERIOD OF PERFORMANCE Page 80 Page 144 of 6529 June 24, 2025 TO DECEMBER 31, 2025 (PUBLIC SERVICE GRANT FUND 1839 AND PUBLIC SERVICE MATCH FUND 1840) Item #16D4 BUDGET AMENDMENTS TO REFLECT THE ESTIMATED FUNDING FOR FY25-26 COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER’S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY PROGRAMS, IN THE AMOUNT OF $2,518,822; $17,786 IN ESTIMATED CO-PAYMENT CONTRIBUTIONS, AND THE ESTIMATED CASH MATCH OF $20,000 (FISCAL IMPACT $2,556,608, HUMAN SERVICES GRANT FUND 1837) Item #16D5 BUDGET AMENDMENT TO REFLECT THE ESTIMATED FUNDING FOR THE FY 25-26 EMERGENCY HOME ASSISTANCE PROGRAM IN THE AMOUNT OF $110,453.60 (FISCAL IMPACT $110,453.60, HUMAN SERVICES GRANT FUND 1837) – THE FUNDING WILL RESIDE WITHIN THE HUMAN SERVICES GRANT FUND FOR PROJECT #33867 WITH NO MATCH REQUIRED FOR THIS GRANT PROGRAM Item #16D6 RESOLUTION 2025-123: A RESOLUTION TO AUTHORIZE CONTINUED PARTICIPATION IN THE LOCAL PROVIDER PARTICIPATION FUND FOR THE DIRECTED PAYMENT PROGRAM AND GRADUATE MEDICAL EDUCATION PROGRAM, WHICH WILL BE SOLELY FUNDED BY Page 81 Page 145 of 6529 June 24, 2025 ASSESSMENTS ON COLLIER COUNTY HOSPITAL-OWNED PROPERTY OR PROPERTY USED AS A HOSPITAL IN AN AMOUNT OF 1.74% OF NET INPATIENT REVENUE AND 2.81% OF NET OUTPATIENT REVENUE Item #16D7 FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION INC., D/B/A HELP, TO AMEND COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT #PS24-02 TO INCREASE THE PROJECT BUDGET BY $12,326.92, REVISE GRANT LANGUAGE, AND UPDATE COUNTY CONTACT INFORMATION (HOUSING GRANT FUND 1835) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D8 SECOND COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT BETWEEN COLLIER COUNTY AND BAKER SENIOR CENTER INC., (#PS24-04) TO INCREASE THE PROJECT BUDGET BY $27,499.97, REVISE GRANT LANGUAGE, AND UPDATE EXHIBITS REQUIRED (HOUSING GRANT FUND 1835, PROJECT #33915) - WITH CHANGES AS DETILED IN THE EXECUTIVE SUMMARY Item #16E1 AWARD INVITATION TO BID (“ITB”) NO. 24-8301 “MEDIUM DUTY TOWING & TRANSPORT SERVICES” TO PROMPT WRECKER SERVICE AND SALES, INC., D/B/A PROMPT Page 82 Page 146 of 6529 June 24, 2025 TOWING SERVICE ("PROMPT TOWING SERVICE") AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT - FOR TOWING AND TRANSPORTS OF COUNTY VEHICLES AND EQUIPMENT Item #16E2 AWARD INVITATION TO BID (“ITB”) NO. 24-8302, “HEAVY DUTY TOWING & TRANSPORT SERVICES,” TO PROMPT WRECKER SERVICE AND SALES, INC., D/B/A PROMPT TOWING SERVICE ("PROMPT TOWING SERVICE") AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT - FOR TOWING AND TRANSPORTS OF COUNTY VEHICLES AND EQUIPMENT Item #16E3 AWARD INVITATION TO BID NO. 24-8305, “AUTOMOTIVE & EQUIPMENT BATTERIES,” TO BATTERY USA, INC., FOR THE PURCHASE OF AUTOMOTIVE AND EQUIPMENT BATTERIES TO SUPPORT COUNTY OPERATIONS AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT - FOR A THREE-YEAR PERIOD WITH TWO 1-YEAR RENEWALS Item #16F1 TWO BUDGET AMENDMENTS. THE FIRST REALLOCATES $1,036,561.90 FROM RESERVES IN FUND EMS (4050) TO EMS CAPITAL FUND (4055) TO SUPPORT THE PURCHASE OF MEDICAL STRETCHERS. THE SECOND TRANSFERS FUNDS REMAINING IN PROJECT #31455 (FUND 4055) IN THE Page 83 Page 147 of 6529 June 24, 2025 AMOUNT OF $622,168.45 TO PROJECT #50236 TO ALIGN WITH CURRENT EMERGENCY MEDICAL SERVICES CAPITAL NEEDS - FOR CAPITAL NEED THAT INCLUDE REPLACEMENT EQUIPMENT THAT’S REACHED LIFE EXPECTANCY Item #16F2 A FINAL PAYMENT IN THE AMOUNT OF $115,155.74 UNDER AGREEMENT NO. 21-7833 WITH COMPASS CONSTRUCTION, INC., WHICH REFLECTS THE COUNTY’S WITHHOLDING OF $39,390, AND FIND THIS EXPENDITURE HAS A VALID PUBLIC PURPOSE TO CLOSE OUT THE “GOLDEN GATE COMMUNITY PARK ACTIVITY POOL RECONSTRUCTION AND RESTROOM ALTERATION” PROJECT. (PROJECT NO. 80405) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F3 CHANGE ORDER NO. 20 REALLOCATING $50,000 FROM THE BUILDING PERMIT FEES AND $34,785.76 FROM P&P BONDS, AND RATIFY ADMINISTRATIVE APPROVAL OF NINETY DAYS TO THE SUBSTANTIAL COMPLETION AND ALLOWING FOR THE UTILIZATION OF $98,350.34 OF THE CONTINGENCY FUNDING FOR PURCHASE ORDER NO. 4500229878, UNDER AGREEMENT NO. 21-7883-ST WITH O-A- K/FLORIDA, INC., D/B/A OWEN-AMES-KIMBALL COMPANY, FOR THE MAIN CAMPUS UPGRADES, AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED CHANGE ORDER. (PROJECT NO. 50214) - ADDING 90-DAYS TO THE CONTRACT AND UTILIZING A PROTION OF THE CONTINGENCY ALLOWING Page 84 Page 148 of 6529 June 24, 2025 FOR THE REALLOCATION FROM THE BUILDING PERMIT FEES FOR THE MAIN CAMPUS UPGRADES Item #16F4 ISSUANCE OF A PURCHASE ORDER FOR A QUOTATION IN THE AMOUNT OF $425,700 UNDER MULTI-CONTRACTOR AWARD AGREEMENT NO. 19-7525 TO CAPITAL CONTRACTORS, LLC FOR THE RESTORATION OF HISTORIC STRUCTURES AT THE IMMOKALEE PIONEER MUSEUM AT ROBERTS RANCH, PLUS AN OWNER’S ALLOWANCE OF $49,644.21 THAT WILL BE INCLUDED IN THE PURCHASE ORDER. (PROJECT NO. 50516) - THE REPAIRS INCLUDE THE WELL, HORSE BARN, SMOKEHOUSE, PUMP HOUSE, PRIVY, MAID’S HOUSE, SUMMER KITCHEN, HORSE RAMP, HIDE HOUSE, GARAGE, BAPTIST CHURCH/VISITOR’S CENTER AND THE CANE GRINDER THAT WILL ADDRESS ELEMENTS SUCH AS ROOFING, WOOD COMPONENTS, STRUCTURAL FRAMING, FLOORING, HARDWARD, DUCTWORK AND FINISHES TO PRESERVE AND RESTORE THE FACILITIES Item #16F5 RATIFY ADMINISTRATIVELY APPROVED CHANGE ORDER NO. 1 UNDER AGREEMENT NO. 20-7817, “CEI SERVICES FOR PELICAN BAY SIDEWALK IMPROVEMENTS,” TO JOHNSON ENGINEERING, INC., ADDING $49,906 FOR ADDITIONAL CONSTRUCTION INSPECTION SERVICES AND 365 ADDITIONAL CONTRACT DAYS DURING THE EXTENDED PHASE 2 CONSTRUCTION PERIOD, APPROVE THE NECESSARY BUDGET AMENDMENT, AND AUTHORIZE THE Page 85 Page 149 of 6529 June 24, 2025 CHAIR TO SIGN THE ATTACHED CHANGE ORDER (PROJECT #50212) - FOR CONTRACT INSPECTION AND OVERSIGHT SERVICES DURING THE EXTENDED SIDEWALK CONSTRUCTION PROJECT Item #16F6 THE FOURTH AMENDMENT TO RADIO TOWER LEASE AGREEMENT #787-C WITH CROWN CASTLE GT COMPANY LLC, AUTHORIZING COLLIER COUNTY TO CONTINUE THE OPERATION OF PUBLIC SAFETY COMMUNICATION EQUIPMENT INSTALLED AT 1899 TRADE CENTER WAY, NAPLES, FLORIDA 34109 - EXTENDING THE LEASE TO MAY 31, 2035 Item #16F7 A FIFTH AMENDMENT TO RADIO TOWER LEASE AGREEMENT 787-B WITH CROWN CASTLE GT COMPANY LLC, AUTHORIZING COLLIER COUNTY TO CONTINUE THE OPERATION OF PUBLIC SAFETY EQUIPMENT AT 15571 TAMIAMI TRAIL EAST, NAPLES, FL 34114 - EXTENDING THE LEASE TO MAY 31, 2035 Item #16F8 RESOLUTION 2025-124: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE Page 86 Page 150 of 6529 June 24, 2025 BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES) Item #16I1 MISCELLANEOUS CORRESPONDENCE FOR JUNE 24, 2025 Page 87 Page 151 of 6529 June 24, 2025 Item #16J1 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS IN THE AMOUNT OF $79,623,508.15 WERE DRAWN FOR THE PERIODS BETWEEN MAY 29, 2025, AND JUNE 11, 2025, PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JUNE 18, 2025 Item #16J3 BUDGET AMENDMENT RECOGNIZING $2,249,600 IN REVENUES AND EXPENDITURES IN THE SHERIFF'S FY2025 GENERAL FUND BUDGET - FOR MISCELLANEOUS SERVICES TRUNED BACK TO THE BOARD AFTER THE CLOSE OF THE FISCAL YEAR Item #16K1 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGAINST ALL WIRED COMMUNICATIONS, INC. AND ANY OTHER RESPONSIBLE PARTIES FOR $101,238.04 IN DAMAGES CAUSED TO ELEVEN 6-INCH WASTEWATER Page 88 Page 152 of 6529 June 24, 2025 LATERAL PIPELINES LOCATED AT OR NEAR 91ST AVENUE N., 92ND AVENUE N., 93RD AVENUE N. AND 6TH STREET N. Item #16K2 RESOLUTION 2025-125: REAPPOINTING TODD ALLEN AND STEPHEN JARON TO THE CONTRACTORS LICENSING BOARD – BOTH WITH TERMS EXPIRING ON JUNE 30, 2028 Item #16K3 RESOLUTION 2025-126: THE BOARD OF COUNTY COMMISSIONERS, SITTING AS THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, ADOPTS STAFF’S RECOMMENDATION OF APPOINTMENTS TO THE INITIAL MEMBERSHIP AND TERMS FOR THE NEWLY FORMED IMMOKALEE COMMUNITY REDEVELOPMENT BOARD AND DIRECTS THE COUNTY ATTORNEY TO PREPARE AND PROCESS A RESOLUTION MEMORIALIZING THESE APPOINTMENTS - APPOINTING LUPITA VASQUEZ REYES AND MICHAEL FUCUNDO (2 RESIDENTIAL SEATS); BERNARDO BARNHART AND PAUL THEIN (2 BUSINESS/COMMERCIAL PROPERTY OWNERS SEATS); MARK LEMKE (NON-PROFIT SEAT); OSCAR LUGO (MSTU REPRESENTATIVE SEAT); JIMMY NIEVES, YVAR PIERRE AND PATRICIA “ANNE” GOODNIGHT (3 AT-LARGE SEATS); ESTIL NULL AND EDWARD “SKI” OLESKY (2 NON-VOTING SEATS) Item #16K4 – Continued to the July 8, 2025, BCC Meeting (Per Agenda Change Sheet) Page 89 Page 153 of 6529 June 24, 2025 STAFF TO ADVERTISE AN ORDINANCE TO AMEND THE COLLIER COUNTY PARKING, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE CODIFIED IN THE CODE OF LAWS AND ORDINANCES TO PROVIDE LIMITATIONS ON THE PARKING AND/OR STORING OF COMMERCIAL MOTOR VEHICLES AND COMMERCIAL EQUIPMENT IN RESIDENTIAL AREAS INCLUDING THE ESTATES ZONING DISTRICT - NOT LIMITING COMMERCIAL VEHICLES AND EQUIPMENT PARKED OR STORED IN A GARAGE OR FULLY ENCLOSED STRUCTURE Item #16K5 THE CHAIR TO SIGN A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY AND THE COLLIER COUNTY SHERIFF’S OFFICE CONCERNING SCHOOL RESOURCE OFFICERS WITHIN COLLIER COUNTY SCHOOLS - THIS MOU IS FOR THE 2025-2026 SCHOOL YEAR Item #16K6 REPORT TO BOARD ON ISSUES RAISED BY MR. DAN SCHMIDT DURING THE PUBLIC COMMENT PORTION OF THE BOARD’S JUNE 10, 2025, MEETING Item #16K7 – Added Item RECLASSIFYING SCOTT SPITZER TO AN AT-LARGE SEAT ON THE INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE – WITH TERM EXPIRING ON JANUARY 12, 2026 Page 90 Page 154 of 6529 June 24, 2025 Item #17A - Continued to the August 12, 2025, BCC Meeting (Per Agenda Index) RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE TO IMPLEMENT HOUSING INITIATIVES IN THE GROWTH MANAGEMENT PLAN RELATING TO HOUSING THAT IS AFFORDABLE. [PL20210001291] (SECOND OF TWO HEARINGS) Item #17B RESOLUTION 2025-127: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Page 91 Page 155 of 6529 June 24, 2025 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:15 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ___________________________________ BURT SAUNDERS, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 92 Page 156 of 6529 September 9, 2025 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 9, 2025 LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Burt L. Saunders Dan Kowal Chris Hall William L. McDaniel, Jr. Rick LoCastro (Excused) ALSO PRESENT: Amy Patterson, County Manager Ed Finn, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Derrick Johnssen, Finance Director, Clerk's Office Troy Miller, Communications & Customer Relations Page 1 Page 157 of 6529 September 9, 2025 MS. PATTERSON: Chair, you have a live mic. Item #1A INVOCATION: PASTOR JAMES BEARD - COVENANT CHURCH OF NAPLES, PLEDGE OF ALLEGIANCE: RICHARD ESQUERETE AND BRUCE GASTINEAU – COLLIER COUNTY EMS DIVISION - INVOCATION GIVEN CHAIRMAN SAUNDERS: Good morning. The Board of County Commissioners will please come to order. We're going start off, as always, with the invocation and the Pledge. For the invocation, we have James Baird with the Covenant Church Naples, and for the Pledge of Allegiance, following our invocation, we have two gentlemen from our EMS division, Richard Esquerete and Bruce Gastineau. They will do the Pledge. So after we do the invocation, please remain standing for the Pledge of Allegiance. PASTOR BAIRD: Let's bow our heads. Heavenly Father, we thank you so much for the enumerable gifts that you've given us, from our creation to the way that you govern and preserve us day to day and the great institutions you've given us, from the church and marriage to government itself. I pray that you would be with our leaders today as they have been elected to serve the public good, to do what is right for justice and for peace and for good order, that your glory would shine through in their decisions and through our community as well. We pray that the name of the Lord Jesus Christ would be held up as supreme, that those who know they've fallen away from your law would turn to him by faith to find salvation in him, and that it would be by the grace of the Lord Jesus Christ that we would follow Page 2 Page 158 of 6529 September 9, 2025 the two greatest commandments, to love the Lord our God with all of our heart, mind, soul, and strength, and also as is relevant to government as well, to love our neighbors as ourselves. We pray that the fruits of the Holy Spirit would grow in our county, that they would hang from the branches of our lives to bless all those around. Give us wisdom today, we ask, in the mighty name of Jesus and by the power of his spirit. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Ms. Patterson. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT, AND SUMMARY AGENDA AS AMENDED (EX-PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - MOTION TO APPROVE BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL - APPROVED AND OR ADOPTED AS PRESENTED MS. PATTERSON: Good morning, Commissioners. Agenda changes for September 9th, 2025. First we are continuing Items 9A and 9B to the September 23rd, 2025, BCC meeting. This is at the petitioner's request. So these are: Recommendation to approve an ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and Map Series by changing the land-use designation from Urban, Urban Mixed-Use District, Urban Residential Subdistrict, to Urban, Urban Commercial District, Premier Vehicle self -- Premier Vehicle Storage Commercial Subdistrict to allow 60,000 square feet of gross floor Page 3 Page 159 of 6529 September 9, 2025 area of indoor air-conditioned warehousing and self-storage for vehicles, including automobiles, recreational vehicles, boats, and other vehicles; furthermore, directing transmittal of the adopted amendment to the Florida Department of Commerce. The subject property is situated on the southeast corner of the intersection of Santa Barbara Boulevard and Polly Avenue in Section 16, Township 50 South, Range 26 East, Collier County, Florida, and comprises 3.7 plus/minus acres. Its companion item is a recommendation to approve an ordinance rezoning property from Rural Agricultural zoning district to the Commercial Planned Unit (CPUD) zoning district for a project to be known as Premier Vehicle Storage CPUD, to allow development of 60,000 square feet of gross floor area of indoor air-conditioned warehousing and self-storage for vehicles, including automobiles, recreational vehicles, boats, and other vehicles. Next, continue Item 16B2 to the September 23rd, 2025, BCC meeting. This is a recommendation to approve a second amendment to Agreement No. 21-7896, emergency disaster related stabilization and recovery services for roadway signs, with Southern Signal and Lighting, Inc., exercising the second renewal term under the agreement through September 13th, 2026, and approving a 5 percent rate increase. This is being moved at staff's request. We do have an agenda note related to Item 9A, and that is that the recommendation for Item 9A should be -- should reference GMPA PL20240001079 instead of GMPA PL20230001079. That correction will be made when these items come back on September 23rd. We do have court reporter breaks scheduled for 10:30 and again at 2:50 if needed. And Commissioner LoCastro will not be participating by phone today. Page 4 Page 160 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: Okay. And for the record, Commissioner LoCastro is in Tampa. There's a family illness there, and so his absence is obviously excused. MS. PATTERSON: Yes, sir. With that, County Attorney. MR. KLATZKOW: Nothing. Thank you. MS. PATTERSON: Commissioners. CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: I have no changes, and I have no ex partes. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Very same; no exchanges, no ex parte. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I have no changes, but I also -- on 17D, I just have a -- I meet with Barron Collier all the time, and 10 things you talked about. So I'm going to say I have ex parte on 17D. CHAIRMAN SAUNDERS: All right. I have no changes and no ex parte as well. So we'll need a motion to approve the agenda as amended. COMMISSIONER McDANIEL: So moved. COMMISSIONER HALL: So moved. CHAIRMAN SAUNDERS: We have a motion. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: Second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. Page 5 Page 161 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. We have agenda and minutes. MS. PATTERSON: None today. Page 6 Page 162 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: Well, we don't have any minutes. MS. PATTERSON: No, we don't. So that moves us along to Item 4, proclamations. Item #4A PROCLAMATION DESIGNATING SEPTEMBER 2025 AS SIZZLE DINING MONTH IN COLLIER COUNTY. TO BE ACCEPTED BY GUY E. CLARK II, CO-FOUNDER - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4A is a proclamation designating September 2025 as Sizzle Dining Month in Collier County, to be accepted by Guy E. Clark, II, co-founder. Congratulations. (Applause.) MR. CLARK: Just don't blame me for gaining any weight this month, please. Good morning, Commissioners. On behalf of Sizzle Dining, I would like to thank you for today's proclamation. It really means a lot to us. It's great to be part of the community like this. Special thank you as well to Commissioner Dan Kowal for presenting this and to Commissioner Rick LoCastro for ongoing guidance and support as well. Sizzle Dining, September 3rd to the 30th, with over 125 restaurants participating this year. The event encourages locals and visitors to dine out during the slowest month of the year, creating more than $3 million worth of local economic activity, servers make more tips, dishwashers get more hours, farmers sell more, even boutiques make more when everybody goes out and dresses up to go out to dine. Page 7 Page 163 of 6529 September 9, 2025 It also helps to drive in-state tourism, putting more heads in beds in all of Collier County. And with the economic impact that this has, that's always a great thing for us. But most importantly, each meal gives back. And last year the event raised over $60,000 for Blessing in a Backpack, which feeds food insecure local elementary schools in Lee and Collier County. So thank you again for this recognition in support of the event that strengthens both our economy and our community. CHAIRMAN SAUNDERS: Thank you, sir. MR. CLARK: Thank you. (Applause.) CHAIRMAN SAUNDERS: We were waiting for somebody to start clapping, and the County Manager is always very diligent and is a great leader, so she started us off with that, so thank you. MS. PATTERSON: You're welcome. Item #4B PROCLAMATION DESIGNATING SEPTEMBER 20 – 27, 2025, AS NATIONAL ESTUARIES WEEK. TO BE ACCEPTED BY TJ SNOPKOWSKI, EXECUTIVE DIRECTOR, FRIENDS OF ROOKERY BAY - MOTION TO ADOPT BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED MS. PATTERSON: Item 4B is a proclamation designating September 20th through 27th, 2025, as National Estuaries Week, to be accepted by TJ Snopkowski, executive director Friends of Rookery Bay. Congratulations. (Applause.) MR. SNOPKOWSKI: I have board members and other staff as Page 8 Page 164 of 6529 September 9, 2025 well, so thank you. Thank you very much. (Applause.) MR. SNOPKOWSKI: Okay. I didn't have enough coffee this morning. First off, I want to thank all the County Commissioners as well as the staff that made this possible. Thank you for recognizing this week. The term "estuary" is not very commonplace. A lot of folks aren't familiar with what that means and, really, it's the brackish water. It's where fresh and saltwater mix. But what's most important about it is that 80 percent of green life begins its life there or comes back there to harvest. And so the idea is without estuaries, our oceans wouldn't exist. Our economies wouldn't exist. Our environments wouldn't exist. And so we're very appreciative to be able to take this time as one of 30 national estuarine research reserves across the country to recognize September 20th through 27th as National Estuaries Week. In that week, feel free to come out to our environmental learning at 300 Tower Road here in Naples for free. We're doing free admission for all the public. You can come in and interact with our educational exhibits, our touch tanks, aquariums, nature trails, all of that, and you get a small slice of what makes our estuary so special. People don't realize that Rookery Bay takes up 110,000 acres and 40 percent of Collier's coastline. We also border the Everglades. It's not hyperbole to say that we are the most important estuary in the United States, and for those reasons, advocacy, like the work that we do and our partners at FDEP, NOAA, Audubon, and all the other entities that we work with, along with members of the public and this Board of County Commissioners, it's integral to making sure that it's viable and sustainable for generations to come. Thank you all so much, and we hope to see you out at our Page 9 Page 165 of 6529 September 9, 2025 estuary. CHAIRMAN SAUNDERS: Thank you. (Applause.) MS. PATTERSON: Commissioners, if we could get a motion to accept the proclamations. COMMISSIONER McDANIEL: I'll make that motion. CHAIRMAN SAUNDERS: All right. COMMISSIONER HALL: Second. CHAIRMAN SAUNDERS: We have a motion and a second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MS. PATTERSON: Commissioners, if I could turn your attention to the back of the room for the Artist of the Month. The Artist of the Month is presented by the Naples/Marco Island/Everglades CVB. Arte Viva is a collaborative initiative that brings together the arts and culture organizations and hospitality partners of Florida's Paradise Coast to celebrate the artistic contributions to the rich cultural tapestry of the Hispanic community which constitutes nearly 30 percent of Collier County's population. Now in its fourth year, this year-long celebration kicks off during the first weekend of November with events and activities, including music concert, art exhibits, dramatic performances, food festivals, and more. For the most up-to-date information about the event schedule, please visit www.arteviva.com. With that, we are moving on to public comments, Troy. Page 10 Page 166 of 6529 September 9, 2025 MR. MILLER: We have two registered speakers for Item 7; first Susan Zehnder, and she will follow -- be followed on Zoom by Ewa Front. MS. ZEHNDER: Good morning, Commissioners. My name is Susan Zehnder, and I live in District 2. Thank you for your commitment to strengthen our animal welfare ordinances. At your August 26th meeting, I requested that more animal control officers be hired to enforce the updated ordinances. At the last meeting, I also learned something very concerning. Animal neglect complaints may not be filed anonymously. Eva Front gave an example. A woman filed an animal neglect complaint about her neighbor but later withdrew the complaint because she was afraid of retaliation. The animal control officer had to close the case because the complainant did not want to be identified. Ewa Front asked that residents be given a way to file complaints anonymously. She also reminded us that people who lack compassion for animals often lack compassion for human life. I looked into this issue and found that Florida state law, Chapter 39, Section 208, makes the same connection between animal neglect and child neglect that Ewa Front made in her statement. The legislature states that animal cruelty is a form of interpersonal violence that often co-occurs with child abuse and domestic violence. The law also states that early reporting of animal cruelty helps safeguard children. On the Collier County DAS website, there is a link to file an animal complaint. That link goes to a Code Enforcement form. At the bottom of the form it says that the complainant's full name, address, and phone number must be provided. The problem is that many people will not submit this form if they cannot remain anonymous. Page 11 Page 167 of 6529 September 9, 2025 On a Sheriff's Office website shown on the screen under Community Resources, residents are urged to call 911 for animal abuse in progress. If the animal is not in immediate danger, residents are asked to call the Sheriff's Office. Residents are informed that they may also report animal abuse anonymously by phone or email through the Sheriff's Office tips line or through Crime Stoppers. If it is acceptable to make an anonymous report about animal neglect by calling the Sheriff's Office tips line, it would be helpful to have this information on the DAS website. The Florida Legislature states early reporting of animal cruelty helps safeguard children, but maybe people will not report a neighbor if they cannot stay anonymous out of fear of retaliation. As a result, animal abuse is underreported. That puts animals at risk, and it puts children at risk, too. Please eliminate this confusion and let residents know they can report animal abuse anonymously. Protecting animals helps protect children, families, and the community as a whole. Thank you for your ongoing efforts to protect animal welfare in our county. MR. MILLER: Your next speaker joins us via Zoom, Ewa Front. Ms. Front, you're being prompted to unmute yourself. I see you've done that at this time. You have three minutes. MS. FRONT: Thank you. Good morning, Mr. Chair and members of the Board. My name is Ewa Front, and I am a resident of Collier County. Slide 1, please. As we begin these meetings with the prayer, I am reminded of a timeless lesson from the Gospel of Luke. Thank you, Commissioners, for keeping your doors open to us, your constituents. This commitment to accessibility is a true example of the gospel's Page 12 Page 168 of 6529 September 9, 2025 teaching that generosity is shown to those who cannot repay you. Your open-door policy is crucial for fostering public trust, and I am grateful for it. Slide two. I am seeking, however, clarification on the most effective way to engage with certain departments within our Collier County to ensure our inquiries are addressed. A clear and reliable process for citizen communication is vital for public trust. To help me, could you please clarify if there is a specific person or protocol we should follow to ensure our inquiries receive a timely response? Slide 3, please. I am also here today to bring forward to you recent DAS statistics. County data shows a dramatic increase in shelter intake with numbers jumping nearly 71 percent from 484 last year to 827 animals in June this year. Slide 4, please. The huge increase in intake is a step backwards for the animals and taxpayers. More incoming animals, more funding is needed. Are we yet implementing any preventative measures to stop the growing overpopulation and suffering in our county? Slide 5, please. The decrease in our trap, neuter, return program is also a serious setback and dropped by half compared to the previous year. To combat the current overpopulation, our target should be 200 a month low-cost or free sterilization surgeries for community cats, not the current 33. Ultimately, our goal should be a county government that is not only efficient with its finances but also compassionate with its policies and responsive to its people. I trust that you will make decisions that reflect these shared Page 13 Page 169 of 6529 September 9, 2025 values and serve the best interest of every resident, human and animal alike. Thank you. CHAIRMAN SAUNDERS: Thank you. No further speakers. Ms. Patterson, I think at our next meeting we're going to be dealing with the DAS -- all the ordinances. And Ms. Zehnder had an interesting comment concerning complaints, and if I understood it, you can make anonymous complaints to the Sheriff's Department if there's a criminal act that you're complaining of. And so clarifying that on our web page certainly would not be a negative at all. If you could, at our next meeting -- I know you've -- I believe you've -- the County has hired a veterinarian. So if you'll -- perhaps if you want to spend a minute just right now to update the Commission on where we are with that, because that's a major issue for dealing with the number of cats and dogs that we're picking up. MS. PATTERSON: Yes, sir. So there's a number of reasons that we're seeing some of the differences in these numbers which we have been sorting through use of the Chameleon system ensuring accuracy of the data. So looking back in prior years, we do tell a cautionary tale on what may have gone on with some of those numbers. Now we have folks that are trained and specialize in ensuring the accuracy of the data and, therefore, the accuracy of the reporting coming out. So I'd suggest that we start to look at this on a going-forward basis being able to measure the accuracy. The other thing is is the growing population. So we do see the animal population growing along with our human population, but our live release outcomes remain exceptional. We are returned to a no-kill status -- beyond that, well above, and we can touch on that at some point in the future. Page 14 Page 170 of 6529 September 9, 2025 So just to provide that assurance to the public that the animals' best interests are being considered every day at DAS. We have hired a veterinarian. She went through orientation yesterday. She's a veterinarian that we've been working with for a while through our contract services, but she is an amazing and dedicated professional with a real passion for shelter medicine, which is exactly what we were looking for. We also are very lucky that she is a high-volume spay/neuter vet. So she's very, very skilled and very fast. So it's going to help us with these outcomes that we're looking for as far as getting animals spayed and neutered and either placed on the adoption floor or returned back out in the case of community cats, and is going to give us, as we look to fill the second veterinarian position, the ability to work on more of these community veterinary services that we all want. We continue to serve our rescue partners when they bring in animals for spay and neutering for Love of Cats. SNIP does a lot of their own, but -- and even some of our smaller rescue groups do have the ability to use our veterinary services. So all of that being said, things are heading in a really good direction at DAS, and we're very optimistic with the passing of these ordinances at the next meeting that we'll have even more good things going on. CHAIRMAN SAUNDERS: And perhaps at the next meeting, you can give us a quick update on where we are with any agreements with the private sector in -- MS. PATTERSON: Yes, sir. CHAIRMAN SAUNDERS: -- dealing with some of the things that we're just not that good at. MS. PATTERSON: Yes, sir. We're continuing to look at the partnerships with some of our rescue partners that are out in the Page 15 Page 171 of 6529 September 9, 2025 community dealing with -- with our community cats and seeing how we can leverage those resources both for them and for us, so we're working through that. And the question did come up whether we have adequate budget at this time. Yes, to be able to start those partnerships, we have adequate budget for whatever we might need to kick those partnerships off. CHAIRMAN SAUNDERS: All right. Great. Thank you. And we'll move on. MS. PATTERSON: Yes, sir. That does bring us all the way to Item 9C, as Items 9A and 9B have been continued to the next meeting. Item #9C ORDINANCE 2025-36: ORDINANCE CODIFYING §559.955, FLORIDA STATUTES, INTO THE COLLIER COUNTY CODE OF ORDINANCES TO ALLOW CODE ENFORCEMENT OF HOME- BASED BUSINESSES CONSISTENT WITH THE TERMS OF THE STATUTE - MOTION TO APPROVE W/CHANGES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER HALL – ADOPTED (COMMISSIONER KOWAL OPPOSED) MS. PATTERSON: Item 9C is a recommendation to enact an ordinance codifying Florida Statute 559.955 into Collier County Code of Ordinances to allow Code Enforcement of home-based businesses consistent with the terms of the statute. This item does come to the agenda after several meetings and Board direction. So with that, I'll turn it over either to the County Attorney or to Commissioner McDaniel. Page 16 Page 172 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: All right. Commissioner McDaniel, why don't we start with you, and if we need to get to the County Attorney; your call on that. COMMISSIONER McDANIEL: Sure. Well -- and I wanted to ask how you-all felt. I mean, if I'm not mistaken, this requires four. MR. KLATZKOW: Three. COMMISSIONER McDANIEL: Three? The adoption of an ordinance, supermajority? MR. KLATZKOW: It's -- land-use ordinance is supermajority. CHAIRMAN SAUNDERS: Yeah, that's just zoning changes. COMMISSIONER McDANIEL: Simple majority? Okay. Well, the larger issue is Commissioner LoCastro's not here, and I feel -- I feel somewhat reluctant to bring this forward without his necessarily having input on it. I don't mind doing it if you want to. I'm going to ask you, Mr. Chair, how you feel, and -- CHAIRMAN SAUNDERS: Well, I would certainly say that there's no emergency. COMMISSIONER McDANIEL: Right. CHAIRMAN SAUNDERS: A two-week delay certainly isn't going to be a problem. I don't believe it will be a problem, unless someone else on the Board comments otherwise. COMMISSIONER McDANIEL: Discussion? COMMISSIONER HALL: I thought we were just modifying our ordinance -- COMMISSIONER McDANIEL: We are. COMMISSIONER HALL: -- to keep up with the state statute. COMMISSIONER McDANIEL: We are. COMMISSIONER HALL: And if we don't want to do that, then, yeah, we can postpone it. COMMISSIONER McDANIEL: Sir? I didn't hear what you said at the end. I was talking to Commissioner -- Page 17 Page 173 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: No, I just said, again, it's up to the Commission as to whether you want to continue for two weeks. I don't see a problem with doing that. I have no issue going forward with it. I have been getting some communication concerning some of the parking issues. I don't know if you need more time to clarify any of that. It's really your call. COMMISSIONER McDANIEL: I'm willing to hear it. Let's -- I mean -- CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: I mean, my position is it's pretty clear-cut. I got -- I mean, I got the statute right in front of me. The very first line basically says mirror it or not, or you're in violation. So I don't know -- what discussion do we have. COMMISSIONER HALL: That makes it easy. COMMISSIONER McDANIEL: So let's go ahead. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: I'll go ahead with it. And on that note, that's the -- that's the main premise of this is to, in fact, mirror our local ordinance with the preemptive statute that was put upon us. We all know that during the COVID time there was a large movement to incentivize home-based businesses, and this was a state stab at doing that, in fact, so -- and that was the main premise of this. Also, to offer our Code Enforcement a little bit more clarity. There's been quite a bit of subjectivity that's been brought into the enforcement, specifically by different code officers that are viewing home-based businesses and what can be done and what can't be done, and the statute had said some things, and our local ordinance said other things. So my hope with this is to add more clarity. We already have a home-based business ordinance, and this mirrors what was put upon us by the State. Page 18 Page 174 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: Are there any questions or comments from the Commission? COMMISSIONER McDANIEL: I do have one addition -- CHAIRMAN SAUNDERS: Yes. COMMISSIONER McDANIEL: -- that I'd like to bring in, and that is the proposition of a grandfather clause. There are a lot of existing businesses that have been going on in residential properties for quite some time. And this is the language that the County Attorney and I came up with to allow for those who -- again, helping our staff with potential complaints and so on for someone that's already been here, been conducting business, doing what they have been doing. I have a lot of friends that have been operating from their home for an eternity. And this is my stab at covering some of those businesses that have already been here. CHAIRMAN SAUNDERS: All right. Should this language be modified just slightly to say "for a period of five years from the date of the adoption of this ordinance" so that there's clarification as to what date that five-year period would start? COMMISSIONER McDANIEL: That would add specificity. Yeah, I'd be fine with that. CHAIRMAN SAUNDERS: All right. Mr. Miller, do we have any registered speakers? MR. MILLER: We do, Mr. Chairman. We have three registered speakers for this item. Your first speaker is Jamie Merchant, and they will be followed by Danielle Hudson. MS. MERCHANT: I'm not ready. CHAIRMAN SAUNDERS: Good morning. MS. MERCHANT: Good morning, Commissioners. Representative Benarroch sends her apologies for not being here in person today. She's dealing with a family matter, as her mother is in the hospital. So she asked me to speak on her behalf, if that's okay Page 19 Page 175 of 6529 September 9, 2025 with all of you. CHAIRMAN SAUNDERS: Absolutely. MS. MERCHANT: We've received a little bit of correspondence. I think there is some confusion about the verbiage, but she -- she states the statute is passed to protect small family-run businesses while preserving reasonable standards for residential communities, not to give counties new tools to regulate hard-working tradesmen and contractors. Codifying it could also expose the county to costly litigation with taxpayers footing the bill if enforcement goes too far. She is respectfully requesting that you vote no on the ordinance to codify Florida's home-based businesses statute. As the law already applies statewide, duplicating it locally is unnecessary, creates confusing, and risks being used to impose restrictions beyond what the legislature intended. For those reasons, she respectfully asks you vote no and stand with the business owners who are the backbone of our community. And if you have any questions or would like to discuss further, we're across the hall. CHAIRMAN SAUNDERS: All right. We know where to -- we know where to find you. MS. MERCHANT: You know how to get in contact with me. Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next speaker is Danielle Hudson. She will be followed by Ashley Jenkins. MS. HUDSON: Good morning, Commissioners. My name is Danielle Hudson. I'm the vice president of public policy at the Naples Area Board of Realtors, and I am here to respectfully voice our opposition to the proposed home-based business ordinance. In July, the Commission decided not to move forward with an Page 20 Page 176 of 6529 September 9, 2025 Ordinance No. 10-26 regarding the parking, storage, and use of vehicles, particularly commercial vehicles in residential areas. While we recognize that the current proposal differs and is being described as a direct incorporation of provisions from Florida Statute 559.995 on home-based business regulations, we are concerned that codifying this ordinance, along with any additional restrictions on parking and storage within Collier County's Land Development Code, could have a chilling effect on small businesses similar to Ordinance No. 10-26. This is especially concerning businesses operating in the rural areas of the county. Many residents of the Rural Estates specifically chose to live there for the space and freedom to operate their small businesses from their homes and also because they did not want the restrictions of other PUDs and HOAs on what they -- and how they could use their property. For example, our business partners, we understand that this ordinance would not impact Realtors or individuals that are operating remote businesses out of their homes, but it does impact our business partners, for example, landscaping, pool cleaning, contracting, septic pumping, and rock hauling businesses. They all depend on work vehicles and utilize their property, especially in the Rural Estates, often ranging from 1.5 acres to more than five acres to store essential equipment. In the current reading of this ordinance, on 9C it states that no heavy equipment defined herein as commercial, industrial, or agricultural vehicles, equipment, or machinery, may be parked or stored such that such equipment is visible from the street or neighboring property. Commissioners, we have several well-meaning business owners in the Rural Estates that are currently already following this. We appreciate the exemption that has been put forward today, but we Page 21 Page 177 of 6529 September 9, 2025 question whether or not this will serve any purpose in the fact that our well-meaning business owners are, often cases, already parking their vehicles behind their homes out of the visibility of the street but not maybe out of visibility of their neighbor, which we think could cause some concerns for those business partners that are acting already in good faith. So for these small business owners, contractors, and tradespeople, such vehicles are not merely commercial. They are vital tools of their livelihood. Restricting where these vehicles can be parked unfairly penalizes hardworking families who are trying to provide for their household. We would also like to make mention -- and I had hoped that I'd have more commercial Realtors with us today -- that the options are already scarce and unaffordable within the county of where these individuals could operate and park their machinery. So at the risk of sounding crass, whereas we can point on a map where individuals who may no longer want to live near their neighbor could move to a new home, we have very little space where these commercial businesses could move to store their property. So we appreciate your consideration and urge you to vote no. MR. MILLER: Your final registered speaker on this item is Ashley Jenkins. MS. JENKINS: Good morning, County Commissioners. Good to see you bright and early this morning, after last night. In respect to Florida State Statute 559.955 for the home-based businesses of the local government restrictions, Section No. 1 was very clear, local governments may not enact or enforce any ordinance, regulation, or policy to take any action to license or otherwise regulate a home-based business in violation to this section. We all know that we would like to have our elected officials uphold their oaths to Florida State Statute 876.05, which is codified Page 22 Page 178 of 6529 September 9, 2025 that we are upholding the U.S. Constitution, the Florida Constitution. The Fourth Amendment gives protection to the privacy of homeowners, even though there is some discrepancy amongst that. More than 131 years ago, we had Boyd versus the United States, which is 1886, which considered the Fourth Amendment, how it applies to all invasions on the part of the government, including police officers and its employees of the sanctity of one man's home and the privacies of life. The essences and offense is the invasion of the indefeasible right of personal security, personal liberty, and private property. Being an entrepreneur is something that in America we uphold. That is a virtue that we have many individuals in our own county that, as Nicole just stated, are living in the Estates for the very purpose that we don't have many options within the city or other districts within our county for them to park their vehicles. And if you were to make an ordinance or a resolution, there's several ordinances or resolutions that we're already having a difficulty tasking, staffing, and enforcing within our own county, but that allows neighbors to weaponize something against one another to then come to you with nuisances and complaints to persecute someone for their basic right to park their own vehicle. And if we're going to make an outreach effort for, say, District 5 or District 1, where there are more people in the Estates that are parking their vehicles for their own commercial purposes, I think there are many other opportunities for us to do outreach to look at how we could address that conclusively or even do feasibility studies so we know what the actual impact was. When I looked at this ordinance that was proposed for this morning, it said, "No fiscal impact." That is silly. That's almost a violation of Florida State Statute 837.05 right there because that is a false statement, and we don't want to be making false statements as Page 23 Page 179 of 6529 September 9, 2025 representatives of the government. So I urge each of you four gentlemen to reconsider this ordinance for today, and as it was proposed by Commissioner McDaniels [sic], give it two more weeks so that Rick LoCastro may be here also as our commissioner from District 1 to weigh in, because this does impact a lot of his district. Thank you, gentlemen, for your time this morning. CHAIRMAN SAUNDERS: No further speakers. All right. We'll close the public hearing at this time. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I guess these are a couple questions for the attorney. You know, like I said, when I made my initial comment and everybody was looking at each other, the first line, you know, basically says, "Local government may not enact or enforce any ordinance." It's pretty clear, and it lists a bunch of different avenues of what the ordinance should not take place. My question is, I see the state statute -- a representative from the State. We already have a local ordinance in place for home-based businesses, right? It doesn't have the same language that the new statute has, correct? MR. KLATZKOW: Correct. COMMISSIONER KOWAL: So we're in violation just by having that on the books. MR. KLATZKOW: Correct. COMMISSIONER KOWAL: So if we didn't mirror this with an ordinance, then we have to remove that ordinance, and then who would enforce the rules in the statute? MR. KLATZKOW: The Code Enforcement. COMMISSIONER KOWAL: They would do it under a state statute violation? Page 24 Page 180 of 6529 September 9, 2025 MR. KLATZKOW: That's not -- if you amended this -- COMMISSIONER KOWAL: They can't, can they? MR. KLATZKOW: If you enact this as a county ordinance, they could enforce it. COMMISSIONER KOWAL: That's what I'm saying. So it -- I understand the state statute's language, but there is things that are in the language that somebody could violate even in the state statute. MR. KLATZKOW: Yes, but there's no enforcement. There's no meaningful enforcement mechanism. COMMISSIONER KOWAL: So they would just get away with violating the state statute. That's what I'm trying to get to the bottom of. MR. KLATZKOW: Yeah. I mean, the State does not have code inspectors running around. It would probably be up to the Sheriff to try to determine that, and I can't imagine he'd have much interest in this. COMMISSIONER KOWAL: I just -- you know, I don't know that -- I understand the slippery slope, but at the same time, there's no enforcement for something that the State put out unless the Sheriff's willing to come in two weeks and explain to us how he would enforce it. I don't know. You know, I think we're kind of caught between a rock and a hard place. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. It was my understanding that the state statute was less restrictive than our own. COMMISSIONER KOWAL: It is. COMMISSIONER HALL: And so I'm -- I am in no way interested in doing anything that's more restrictive to the landowner or more burdensome. So I was under the impression that by codifying our ordinance to Page 25 Page 181 of 6529 September 9, 2025 theirs that we were allowing them to do business better than what we -- what our own ordinance was, and that's what I -- any time that we can get out of the way as a government, I'm willing to do that. There are people that are going to abuse -- abuse their privileges and -- but the way that I look at it is that -- it will be the exception and not the rule. We can deal with those people who abuse it on a one-on-one basis, or the Sheriff can. But to be more restrictive on the public as a whole, I'm probably not going to be interested in doing that. CHAIRMAN SAUNDERS: All right. Mr. McDaniel -- Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, thank you, Mr. Chair. I -- you know, I want to say a couple things. I've always been in support of small business. I always will be in support of small business. I've owned many small businesses. I feel similarly to what my colleagues feel, and that is we're obligated to mirror our own local ordinance with the state statute. I think it's probably as important with the -- as you read -- as you read in the executive summary, there are LDC amendments that are coming, and those are where we need to be careful that we're not putting more restrictions on than what we, in fact, already have. Certainly, the goal here is to not put anybody out of business. I feel -- I feel -- I feel sorry about the scarcity of the availability of places for people to operate their business, but on the same token, I feel an obligation to protect the homeowner that -- that has right to quiet enjoyment of their four corners of their property. And in many cases, in District 5, that's being abused by folks. They're coming here from other places. They think they live in the woods. They do live in the woods. They think they can do whatever they want when they live in the woods when, in fact, there are rules in place. Page 26 Page 182 of 6529 September 9, 2025 You heard my sermon before with regard to the enhanced enforcement that we have going on. We're accelerating the multi-offenders. People that are doing things that have multiple complaints, we're accelerating their turn to get them to the magistrate in 10 days as opposed to giving you a -- giving them a notice and letting them sit for 30 days and claim hardship and giving them another 30 days, and then they're still abusing the circumstances that are, in fact, going on. We're going to do education. We're going to -- when people apply for a business tax certificate, we're going to give a list of the allowable uses that you can, in fact, do in your -- in your single-family home and the rules that are associated with that. So this, I believe, is something -- this is the beginning of a process. Probably the more nuts and bolts of the process is going to be the actual LDC amendments. I shot down that parking restriction that came before us a while ago just because it was -- I couldn't see how we could get past the enforceability of it. I know myself, from a personal standpoint, I'm a live and let liver. I want folks to be able to do with their property as they see fit. And if I don't like what you're doing on your property when I'm driving by, I just don't look. But on the same token, enumerable complaints and issues are arising in the Estates, especially with -- with folks that are relatively new to the community and moving into that area and then abusing the private property rights, the quiet enjoyment of the residents that are, in fact, already there. So... CHAIRMAN SAUNDERS: I think in terms of -- a couple questions and perhaps a couple comments. In terms of the five-year period, where did that number come from? That may be perfectly reasonable. COMMISSIONER McDANIEL: (Indicating). CHAIRMAN SAUNDERS: I mean, I don't know if three years Page 27 Page 183 of 6529 September 9, 2025 is better or not. I'm okay with five years if that's -- I don't know if you've gotten any comments from folks. COMMISSIONER McDANIEL: I don't have a particular sense one way or the other. I mean, I'm fine, depending -- I mean, it would -- again, literally, I picked a number of five just because those are the folks that I personally know that have been there for 25 doing what they're doing. CHAIRMAN SAUNDERS: Yeah. COMMISSIONER McDANIEL: So I'm -- I'm looking -- my fear is is if we shorten it down to three, there's been -- you know, the advent of this is coming because of a lot of things, but, you know, the -- we as a community have been a reactive code enforcement. We don't -- and really only issue our code enforcement officers when there's a complaint. And I can remember early on in my tenure when I'd file a complaint for an illegal camper rental or something out in the Estates, our Code Enforcement would drive by 10 to get to that one particular complaint and not self-report. That has stopped as well. We're actually taking on those things on a self-reporting basis. So I don't have a -- I don't have a stick anywhere. If you think three's fine, if you think -- I picked five. CHAIRMAN SAUNDERS: All right. I don't have any issue with it. I just was kind of curious where it came from. The other -- one of the other speakers talked about the view of the visibility of the vehicle from the neighboring property. I'm wondering -- again, just a question -- whether that should be changed to the neighboring property owners' residence so that -- you know, you've got a 5-acre parcel and your neighbor's got a 5-acre parcel and if you go to the property line, you can see the truck, but if you're in the house, you can't. I don't know if that is something to consider. COMMISSIONER McDANIEL: Well, I guess my question is, Page 28 Page 184 of 6529 September 9, 2025 I'd like to refer to the actual statute. There was some discussion with regard to the statute about the allowability of employees to come and that you couldn't exceed parking allowances and excess traffic and so on. I think we'll probably deal with that circumstance with regard to the visibility of a commercial vehicle when we actually do the LDC amendments. CHAIRMAN SAUNDERS: Well, if it's in the ordinance, that's what would be the governing -- COMMISSIONER McDANIEL: Okay. CHAIRMAN SAUNDERS: -- rule. Is that -- COMMISSIONER McDANIEL: I need to -- I need to refer to that. Which section? CHAIRMAN SAUNDERS: They'd have to be consistent. You'd want the -- COMMISSIONER McDANIEL: I think it is consistent, is it not, consistent with the statute? CHAIRMAN SAUNDERS: No. The LDC. If there's some language in the LDC concerning this. Then we have an ordinance. MR. KLATZKOW: The language in the LDC will be absolutely consistent with this. CHAIRMAN SAUNDERS: Okay. COMMISSIONER McDANIEL: Say that again. MR. KLATZKOW: The language in the LDC will be absolutely consistent with this. CHAIRMAN SAUNDERS: So we -- whatever we say in this ordinance, that's what -- that's what the rule will be. So if it's five years, that's fine. If it's neighboring property -- but, again, I raise the question of whether it should -- if that should be narrowed a little bit as opposed to -- as opposed to just neighboring property. Visible from the residence -- Page 29 Page 185 of 6529 September 9, 2025 COMMISSIONER McDANIEL: Which section are you? COMMISSIONER KOWAL: B. CHAIRMAN SAUNDERS: 4C. COMMISSIONER McDANIEL: And you want to narrow that down to visible from the residence of the neighboring property; is that your change? CHAIRMAN SAUNDERS: Yeah. It's a question. COMMISSIONER McDANIEL: I mean -- CHAIRMAN SAUNDERS: I think that accomplishes the goal, which is -- COMMISSIONER McDANIEL: There again, if you're on your property and you go get a ladder and look over, you can see a lot of things, so -- you have a question? COMMISSIONER KOWAL: Yeah. I mean, I'm looking at the statute, so I'm just looking at B, Section B, and it does say, "Local government may regulate parking or storage of heavy equipment at the business which is visible from the street or a neighboring property." COMMISSIONER McDANIEL: It says it specifically that way in the statute. COMMISSIONER KOWAL: It says it specifically that way in the statute. CHAIRMAN SAUNDERS: All right. COMMISSIONER McDANIEL: So technically narrowing it down to the residence would be more restrictive than the statute. CHAIRMAN SAUNDERS: It would be less restrictive, and so I think you could probably do it. COMMISSIONER McDANIEL: True. CHAIRMAN SAUNDERS: But that's a question for the County Attorney. If we change that language -- COMMISSIONER KOWAL: Yeah, because you consider your Page 30 Page 186 of 6529 September 9, 2025 neighbor could be two houses down, so... So I don't know which way would be less restrictive. CHAIRMAN SAUNDERS: Well, I think we all know what "neighbor" means. I mean, in this context, it's -- COMMISSIONER KOWAL: It says "ing," neighboring. CHAIRMAN SAUNDERS: Anybody on the street. COMMISSIONER KOWAL: Anybody on the street. CHAIRMAN SAUNDERS: Okay. Well, anyway, those were just two questions. I have no particular desire to change this -- COMMISSIONER McDANIEL: Okay. CHAIRMAN SAUNDERS: -- but -- COMMISSIONER McDANIEL: If you're in with it, I'll make a motion for approval. CHAIRMAN SAUNDERS: All right. We have a motion. Is there a second? COMMISSIONER HALL: With your additional language? COMMISSIONER McDANIEL: With the five-year grandfather clause. COMMISSIONER HALL: I'll second that. COMMISSIONER McDANIEL: And that specificity that Commissioner Saunders added in from the date of approval. CHAIRMAN SAUNDERS: Adoption of this. All right. We have a motion and a second. Is there any further discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. CHAIRMAN SAUNDERS: All opposed? That passes -- Page 31 Page 187 of 6529 September 9, 2025 COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: Oh, I'm sorry. COMMISSIONER KOWAL: I opposed it. CHAIRMAN SAUNDERS: Commissioner Kowal opposed. It passes 3-1. Item #10A RESOLUTION 2025-176: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO PROTECT ALL ENERGY CONSUMERS BY OPPOSING THE PROPOSED FLORIDA POWER & LIGHT (FP&L) RATE INCREASES FOR HIGH-COST SOLAR PRODUCTS THAT FINANCIALLY BURDEN THE CONSUMER - MOTION TO APPROVE W/CHANGES BY COMMISSIONER HALL; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MS. PATTERSON: Commissioners, that brings us to Item 10. Item 10A is a recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, urging the Florida Public Service Commission to protect all energy consumers by opposing the proposed Florida Power & Light rate increase for high-cost solar products that financially burden the consumer. This item is brought to the agenda by Commissioner Hall. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. I became aware of this issue about two months ago at a presentation that I attended. And there seems to be a major move by Florida Power & Light through the Public Services Commission to put in over $12 billion of capital infrastructure for the sole purpose of Page 32 Page 188 of 6529 September 9, 2025 expanding solar energy. And despite the billions of dollars that that corporation makes, they want to do this capital infrastructure, and they want to do it on the public's dime. And so I came up with this resolution. I just wanted to send a message to the governor, to the Public Service Commission, to our speaker of the House, to our Senate President, and to our state reps giving them a clear message that the people of Collier County reject this proposal for complete solar energy and, you know, a historical increase in our electric power. And in my resolution, I wanted to tell the story. I wanted to tell the story of how our national energy policy, unleashing American energy, is a priority of the federal administration and how -- I wanted to tell the story of how solar energy, while I'm all about renewable energy sources -- but to push all the chips in for solar energy -- solar energy, at its best, can only produce 23 percent of the capacity that we need as Americans, and especially as Southwest Floridians. It doesn't mention anything about going to alternative sources. You know, we need oil, natural gas, hydro, coal, biofuels, and even nuclear energy sources. One singular gas-powered plant can produce more energy than a high -- than a solar field of 680 acres at a quarter of the cost and with only 1 percent of the land, and nothing -- the public needs to be made aware of that. You know, everybody jumps on the bandwagon for renewable energy. I've got a solar field going into our west Texas property. The most expensive thing on that property, the most useful thing on that property is a rock. The second most useful thing is a cactus. And so therefore, that property, we can't farm it. We've never been able to farm it. The mesquite trees have burned off of it. The cows can't eat. There's no grass. So yes, we've put some -- we put a 60-acre solar field on there, and I hope that it produces power. But Page 33 Page 189 of 6529 September 9, 2025 that's the only useful thing. Here, FPL is taking 680 acres of ag land based on 1973 law that says as long as they produce 75 megawatts of energy, all they have to leave is six acres of that 680 acres as ag land and that they can capture the other. They don't have to go for environmental surveys. They don't have to have permits. They don't have to have anything that's usually required by taking over property. And to me, that's an abuse of a 1973 law that was probably intended for good but has turned -- has turned for bad. I wanted to mention all of that in the resolution. And I wanted the people to know that we're not just subject to FPL; that the people have choices. It would be a difficult change, but it's a change that the people do have. We're not going to sit back and let a powerful company stick something down our throats without speaking back and without fighting back. That's what this resolution is all about to me. It may be different to the other commissioners. I don't know where they're at. But without -- without standing for the people of Collier County, this is going to be inevitable. There is going to be a massive rate increase. They are going to do it on our dime, and we have the choice and we have the voice to fire back and to send a message to our state legislatures [sic], to our state government, to our governor that says, we the people of Collier County, we're resolved as commissioners to represent our people and not just to allow that to happen willy-nilly. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Well, I wanted to ask a question. You sent out a one-way yesterday with different language. Can you explain what it -- I mean, I'm in support -- necessarily they both say kind of the same thing in a different way, but I know you have that issue with words matter. Page 34 Page 190 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: Yeah. They arrive at the same conclusion but for different reasons. The resolution that I had suggested as an alternative does not make comments or findings concerning solar energy. So for example, the resolution in front of you talks about the biofuels and oil and gas and coal, which obviously, we need to use, but we're -- this resolution basically says there shouldn't be money spent developing more solar fields, and that's the part that I object to. There may be some middle ground here, I don't know, most likely not. And just as another example, there's a whereas in this resolution that's on -- that's been presented. The last whereas, I don't -- I don't fully understand it. "Whereas, if FPL insists on the continued progression toward expensive energy options, Collier County is resolved to look at other energy sources." I'm not sure what that -- what that means, and -- COMMISSIONER HALL: That means that we're not just subject to FPL. They just don't have -- we have the right as the people of Collier County to look at other energy sources, other companies, other places that can -- we can invite to provide our power other than FPL. I said that would be a difficult move, but that's an option that we the people have. CHAIRMAN SAUNDERS: All right. And I'm not sure that we do have that option as something -- COMMISSIONER HALL: We have that option. CHAIRMAN SAUNDERS: We're within the FPL service area. I'm not sure how that would be changed. COMMISSIONER McDANIEL: And my only comment -- I mean, both of you -- and here again, how we get there really is -- I mean, I feel both of you basically are saying the same thing. I am -- I'm not in opposition of the ordinance that's, in fact, in front of us. I think that those other alternative energy sources have a Page 35 Page 191 of 6529 September 9, 2025 lot of -- a lot of question with our economic viability whatsoever. I think all of us need to be aware that one of the biggest lobbies in Tallahassee is our power companies, and by doing this -- by doing this resolution, it's putting our legislators on notice that they have to be mindful of what it is that they're imposing upon our community. And it's tricky, because -- it's the old example of follow the money. And power companies have had an -- literally, an enormous amount of power to pretty much do whatever they want. And so I'm in support, necessarily, of either one. I don't have -- I don't have an ax to grind on either side, so... CHAIRMAN SAUNDERS: All right. Mr. Miller, we have some registered speakers? MR. MILLER: We do, Mr. Chair. We have two registered speakers on this item. Your first speaker is Carolyn Alden. She will be followed by Solemi Hernandez. MS. ALDEN: Good morning. CHAIRMAN SAUNDERS: Good morning. MS. ALDEN: Excuse me. Good morning, Commissioners. Thank you, Commissioner Hall and Commissioner Saunders, for your resolutions opposing the FPL rate hike. I am 76 years old. My sole source of income is Social Security. I've lived in Naples for over 30 years. In the past eight months, my expenses have gone through the roof. Everything has gone up, from my insurance premiums, the gas, my Medicare premium, and groceries are outrageous. It's making it very difficult to put food on the table. I'm struggling to pay the bills I have now. If FPL is allowed to significantly raise its rates, I'm not going to be able to pay my bills. In the past 30 years that I've lived in Naples, due to climate change the temperature has risen exponentially. It is now significantly hotter than it was when I first moved here. When I first moved here, if it Page 36 Page 192 of 6529 September 9, 2025 was 70 degrees out, we thought it was hot. So it cost more and more to pay to cool my home. Last month I received the highest FPL bill I have ever received, and it was higher by a significant amount. I would also note that the majority of the rate increase FPL has requested would go to profits, not projects. Thank you for your time. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next and final speaker on this item is Solemi Hernandez. MS. HERNANDEZ: Good morning, Commissioners. Thank you for allowing me to speak. I want to especially thank Commissioner Saunders and Commissioner Hall for working with us with this important issue that touches so many of us personally. My name is Solemi Henderson, and I'm Florida organizer with Food and Water Watch. And I have proudly called Collier County my home for the past 22 years. I am here today on behalf of families in Collier County and across Florida who are doing everything they can to state afloat to -- stay afloat, to ask you to pass a resolution opposing the proposed FPL rate increase that would financially burden working families like mine, seniors, veterans, and small business and vulnerable communities. This is about energy affordability for Collier County residents. We're already struggling to make ends meet with rising costs. We cannot afford higher bills on top of that. In the past five years, FPL have gone up more than $400 per year. Now FPL is asking for billions more. About half of the money will go straight into shareholder profits, not for projects, not for reliability [sic]. For small business, bills could triple, and that could force them Page 37 Page 193 of 6529 September 9, 2025 to close. For me, this is very personal. Last summer, my bill was $312 for two months for a tiny thousand-square-foot apartment. I am the only person working in my home supporting my mom and my two sons. That bill was a real hardship, just like my monthly bills continue to be. Like many people who rent, I cannot install upgrades to lower my electricity bill, and my air-conditioner is old. But when the heat is extreme, running the A/C isn't a luxury; it's about keeping my family safe and healthy. Too many Floridians are being forced into impossible choices like turning off their air conditioner in the middle of the summer or cutting back on groceries and medication just to keep the lights on. At the first Public Service Commission hearing in Fort Myers, I heard a public -- a Collier County Public Schools spoking [sic] person testify that this increase for Collier County School System would equal the salaries of 35 teachers a year. Let me repeat that. This would equal 35 salaries of teachers a year. As a mom with two boys in our school, that brokes my heart. We already know our schools are struggling with staff shortages, and this will make it worse. Even the office of the public counsel gave an expert testimony that FPL only needs 106 million, not billions. Like I said before, half of this proposed rate increase is for profit, not for projects. That shows that this rate increase is an incentive to keep building our infrastructure that we have to pay for, pushing new infrastructure costs into consumers who are already struggling. By passing this resolution today, you can send a powerful message to the Public Service Commission that our leaders, you, are standing with us, residents and small business, against this unjust and the highest in the nation utility rate hike. Your leadership matters, and it makes a huge difference. I want Page 38 Page 194 of 6529 September 9, 2025 to mention that this resolution can become part of the official record on the FPL petition for billions in the rate increase. CHAIRMAN SAUNDERS: Ms. Hernandez, you'll need to wrap up, please. MS. HERNANDEZ: Okay. Straining [sic] the case against the statute of (unintelligible). So we need you, and we can't afford this. Please pass this resolution that will become part of the official record. CHAIRMAN SAUNDERS: Thank you. In terms of the -- you know, I've got the alternative, but it doesn't sound like there's a whole lot of interest in that particular alternative, unless I see -- COMMISSIONER KOWAL: I do have a question. CHAIRMAN SAUNDERS: Yes, sir. COMMISSIONER KOWAL: You may be able to clarify, between the two. I mean, I like both of them, but it's not an issue. I know Commissioner Hall made the comment in the one particular whereas that you had brought to question reference to bringing in another power company. I mean, I'm still trying to -- I understand people could shop, but you've got to understand FPL owns all the infrastructure that power's our county, at least a large portion of it. I think maybe a little section that Lee power in the Immokalee area -- COMMISSIONER McDANIEL: A large section. COMMISSIONER KOWAL: But it would be a majority section of the county that's their infrastructure in place that brings the power to our community. I mean, another company would have to make a significant investment to purchase that from FPL to -- you know, I just don't know if it's that easy or even feasible to -- for that particular language to even exist. I don't know. I guess I'm throwing it out there to make comments on. Page 39 Page 195 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: Well, I think that's probably a question for the County Attorney more than for us, because FP&L does have a franchise that covers a large portion of Collier County. So I don't know that we would be able to look for other suppliers, no matter what. I mean, we'd have to get the service area changed, but that's -- you know, that's not going to happen. I just question what that language actually means. And if it means that we're going to look for alternative energy sources, okay, fine. If this passes and this rate hike passes, then the County should, I guess, start looking for other energy sources. I'm not sure how you would do that. And that's why I raised that question. Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. We are under a 20-year contract with FPL, and whenever that runs out, we could have other options; however, that “whereas” statement's not really relevant to the message. I'd be good with deleting it. But I do want to talk about -- I did want to talk about the solar energy. That source came straight from FPL's website with the sole -- I think it said almost verbatim, "With the sole intention of increasing solar energy" is what the capital infrastructure's for. And I'm all about renewable energy, but I'm not pushing -- for pushing all the chips in. Anything that, at its best, during the peak sunlight in the day can only produce 23 percent of our power is not worth $12 billion and not worth the rate increase that is coming as a result of that. I do -- I do appreciate in your -- in your resolution, Chairman, that you mentioned the profits. I think that I just mentioned that briefly, but I wanted to concentrate on the real push to spend that money on solar energy and how -- I wanted to send that message to the Public Service Commission, because they've basically allowed FPL -- they've allowed them to operate unchecked. And if we can do Page 40 Page 196 of 6529 September 9, 2025 anything on our power as representatives of the people to check that decision, I want it to be loud and clear. But I'm good with leaving that last whereas off. It's not really -- it's not important to the message. CHAIRMAN SAUNDERS: All right. Perhaps we could -- if you would consider, perhaps we can add a whereas or two from the resolution that I presented, add that to yours, because I'm not sure if yours talks about their profit. Like the -- COMMISSIONER HALL: Oh, I'd be -- I'd be glad to add some of those. CHAIRMAN SAUNDERS: So the whereas that I would add is, "Whereas FPL has reported record profits exceeding billions in recent years yet continues to seek substantial rate hikes and a very high return on equity," and "Whereas, the Office of Public Counsel has provided expert testimony stating that a rate increase is not necessary and recommended that the rates should be decreased by $620 million in 2026." I think if we can add that -- COMMISSIONER HALL: I'd love to add it, and add it after the third whereas. CHAIRMAN SAUNDERS: All right. Let me just, real quickly -- all right. I think if we can add those two whereas, that certainly makes me feel more comfortable with that, and the deletion of the last whereas of your draft. If that's acceptable, then I'd certainly support this. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. And I don't really have an issue with the last whereas. I mean, it doesn't say, "Seek an alternative company." It says, "Seek an alternative energy source." And we're -- we all -- I believe, as you do, that FPL has a franchise agreement. They own the majority of the infrastructure. I think leaving that in there just makes an announcement. I know that Page 41 Page 197 of 6529 September 9, 2025 we're all being approached by multiple waste-to-energy vendors that are out there. Whether there's validity to them, whether there's cost effectiveness yet or not, we'll all get to make that determination. But I'd be okay with even leaving that last whereas in there, because it does allow us to look at alternative energy sources. It ultimately, if it's generated, has to be pumped into the grid system that's available, but I'd be okay with leaving it. CHAIRMAN SAUNDERS: And we're free to go to waste to energy if we wanted to. We don't need FPL's approval for that anyway. I mean, it has to be -- COMMISSIONER McDANIEL: Well, don't we need -- CHAIRMAN SAUNDERS: It would be part of their grid, but -- COMMISSIONER McDANIEL: Right. We'd have to utilize their grid system to put it in. But if you want to take it out, take it out. But I'd be okay with leaving it, because it doesn't talk about an alternative power company. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Yes. I'm going to make a motion. I'm going to make a motion to pass this resolution with the additions of Commissioner Saunders' whereases in place after our -- after the third whereas and the one that's presented and leaving the last statement in. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: And, Commissioner Kowal, did you have -- COMMISSIONER KOWAL: No, I was going to say I'm fine with that, with his motion. CHAIRMAN SAUNDERS: Any further discussion? (No response.) CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. Page 42 Page 198 of 6529 September 9, 2025 COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Ms. Patterson, we'll move on. Item #11A THE PROPOSED COLLIER COUNTY STATE AND FEDERAL LEGISLATIVE AND ADMINISTRATIVE PRIORITIES FOR 2026 - MOTION TO APPROVE BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – APPROVED MS. PATTERSON: Commissioners, that brings us to Item 11A. This is a recommendation to approve the proposed Collier County state and federal legislative and administrative priorities for 2026. Ms. Bridgette Corcoran, your legislative affairs coordinator -- I got it right -- is here to present. MS. CORCORAN: Good morning, Commissioners. You've all had the opportunity to review the document, and I appreciate all of your input. We've also worked with our state and federal lobbying teams' department staff for all the input. It's not an exhaustive list. It's a snapshot currently. As any other issues come up that are not in this priority document, we'll bring it to you for direction. At this point, I would ask for a motion to approve and authorized the Chair to draft, as needed, any correspondences on behalf of the Board for those issues and projects outlined in the Page 43 Page 199 of 6529 September 9, 2025 priority document, and if there's any questions, I'm happy to answer them. CHAIRMAN SAUNDERS: Any questions or comments from the Commission? COMMISSIONER HALL: I would just like to say, Bridgette, I thought you did a great job putting this together. MS. CORCORAN: Thank you. I appreciate that. CHAIRMAN SAUNDERS: Do we have any registered speakers? MR. MILLER: No. CHAIRMAN SAUNDERS: Then all we need is a motion to move forward with this. COMMISSIONER KOWAL: So moved. CHAIRMAN SAUNDERS: We have a motion. Is there a second? COMMISSIONER McDANIEL: Second. COMMISSIONER HALL: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MS. CORCORAN: Thank you. MS. PATTERSON: Commissioners, that brings us to Item 15, staff and commission general communications. Item #15A Page 44 Page 200 of 6529 September 9, 2025 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA BY INDIVIDUALS NOT ALREADY HEARD DURING PREVIOUS PUBLIC COMMENTS IN THIS MEETING MS. PATTERSON: Item 15A, Troy's already shaking his head. We have no additional public comment? No. Very good. Item #15B STAFF PROJECT UPDATES MS. PATTERSON: Item 15B, staff project updates, we do not have any at this time. Item #15C STAFF AND COMMISSION GENERAL COMMUNICATIONS MS. PATTERSON: So that brings us to Item 15C, staff and commission general communications. Just a reminder that our second budget hearing will be next Thursday at 5:05, so that's Thursday, September 18th at 5:05 in this room. We will be picking up with land-use petitions coming up here as we move into the end of September and October. So I'll be working with Mr. Bosi to get those scheduled as we move along. I understand we have in excess of 30 land-use petitions that we'll be hearing between now and probably the beginning of the year. So with that, County Attorney. MR. KLATZKOW: Nothing. Thank you. Page 45 Page 201 of 6529 September 9, 2025 CHAIRMAN SAUNDERS: All right. Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. Long day, right? I just want -- I just want to clarify something. You know, I voted no on that codifying the state statute. And it's not that I don't agree with the state statute. I think the state statute's actually well written. I think it's -- it gives, you know, the people -- it protects a lot of people's rights, especially on their home property and private property. That's what -- you know, I don't like -- I don't like a lot of constriction on our citizens when it comes to those type of things. You know, you have a living to make. You try to do the best you can for you and your family, and I think the state statute gives them a little bit more relief when it comes to providing for their own. My question -- the reason I voted no is because I -- when I was reading it, there's specific things in here that the statute asks the local government to do, and I felt that maybe we should have taken a deeper dive into the actual statute, because in here it says on-street parking, right-of-ways, these will be enforced by local government. Parking. And then we touched on the one where I think we may have changed the verbiage a little bit in our ordinance, but I don't know. I don't know if we left "neighboring" in or "neighbor," or however we did it. But, you know, when I wrote the first -- read the first line, it's pretty clear, it's telling us not to make an ordinance. That -- I don't know if I'm right or wrong on that, but we created an ordinance. Maybe we should have taken a deeper dive and looked at the actual specific things that the statute does give us the authority to enforce, maybe created some offset, "In conjunction with state statute, this ordinance to regulate parking on small businesses." Then we'd be staying in line with this particular statute and not be in violation of it. Page 46 Page 202 of 6529 September 9, 2025 And that's just my position, you know, on the reason why I kind of -- you know, I went the way I did. I think maybe we needed to take a deeper dive. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: I have no -- I have nothing. Thanks. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Nor do I. CHAIRMAN SAUNDERS: I have nothing as well. If not, then we just need a motion to adjourn. COMMISSIONER HALL: So moved. CHAIRMAN SAUNDERS: We are adjourned. COMMISSIONER McDANIEL: I was going to say, you don't need a motion for that. ******* ****Commissioner Hall moved, seconded by Commissioner McDaniel, and carried that the following items under the consent and summary agendas be approved and/or adopted**** Item #16A1 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR ESPLANADE BY THE ISLANDS – GIARDINO DRIVE PHASE 1, PL20240013694 – FINAL INSPECTION BY STAFF FOUND THESE FACILITIES SATISFACTORY AND ACCEPTABLE ON APRIL 28, 2025 Page 47 Page 203 of 6529 September 9, 2025 Item #16A2 RELEASE OF TWO CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $1,391,600.00 FOR A REDUCED PAYMENT OF $10,061.70 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. MARIA L. RAMIREZ, IN CODE ENFORCEMENT BOARD CASE NOS. CESD20090000972 AND CEROW20090000973, RELATING TO THE PROPERTY LOCATED AT 3440 35TH AVE NE, COLLIER COUNTY, FLORIDA – THE VIOLATIONS WERE FOR NO CERTIFICATE OF COMPLETION FOR A FENCE ON THE PROPERTY BROUGHT INTO COMPLIANCE ON JUNE 3, 2021 AND FOR AN EXPIRED ROW PERMIT FOR AN INCOMPLETE DRIVEWAY AND CONSTRUCTION DEBRIS ON THE PROPERTY THAT WAS BROUGHT INTO COMPLIANCE ON FEBRUARY 1, 2024 Item #16A3 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $273,600 FOR A REDUCED PAYMENT OF $16,539.40 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. ERINELDO MOSQUERA AND EDDY LUNAR, IN CODE ENFORCEMENT BOARD CASE NO. CESD20110007333, RELATING TO THE PROPERTY LOCATED AT 4191 18TH PL SW, COLLIER COUNTY, FLORIDA – FOR VARIOUS VIOLATIONS THAT WERE BROUGHT INTO COMPLIANCE ON DECEMBER 18, 2015 Item #16A4 Page 48 Page 204 of 6529 September 9, 2025 RELEASE OF FOUR CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $584,850 FOR A REDUCED PAYMENT OF $16,201.10 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. LEONARD ALBERT MAXSON AND MARCIA MORGAN MAXSON, IN CASE NOS. CENA20180002498, CENA20190004007, CEV20190012061, AND CEPM20190012062, RELATING TO THE PROPERTY LOCATED AT 1975 EVERGLADES BLVD S, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATIONS BROUGHT INTO COMPLIANCE ON MAY 6,2021 Item #16A5 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $1,053,250 FOR A REDUCED PAYMENT OF $28,056.30 IN THE CODE ENFORCEMENT ACTION TITLED BOARD OF COUNTY COMMISSIONERS VS. MARK AND ANNE SHORES, IN CODE ENFORCEMENT BOARD CASE NO. CESD20120015193, RELATING TO PROPERTY LOCATED AT 431 12TH AVE NW, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATION THAT WERE BROUGHT INTO COMPLIANCE ON MAY 8, 2025 Item #16A6 FINAL ACCEPTANCE OF THE POTABLE WATER, IRRIGATION QUALITY WATER, AND SEWER FACILITIES, AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER, IRRIGATION QUALITY WATER, AND SEWER FACILITIES FOR SKYSAIL - PHASE 2B, PL20250001537 – FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND Page 49 Page 205 of 6529 September 9, 2025 ACCEPTABLE ON MAY 28, 2025 Item #16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES AND ACCEPT THE CONVEYANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR TERRENO AT VALENCIA GOLF AND COUNTRY CLUB PHASE 3A, PL20250005209 – FINAL INSPECTION BY STAFF FOUND THESE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE ON JULY 1, 2025 Item #16A8 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $247,720, WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20230018130 FOR WORK ASSOCIATED WITH WILLOW RUN – THE LAKES WERE INSPECTED ON JULY 31, 2025, BY DEVELOPMENT REVIEW DIVISION Item #16B1 CHANGE ORDER NO. 2 UNDER AGREEMENT NO. 18-7432– CE, “CIVIL ENGINEERING CATEGORY,” WITH BLACK & VEATCH CORPORATION FOR THE “OAKES BOULEVARD SIDEWALKS AND ROUNDABOUT” PROJECT, ADDING 300 DAYS AND $116,794.74 FOR THE EXPANSION OF DESIGN NEEDS, AND AUTHORIZING THE CHAIRMAN TO SIGN THE ATTACHED CHANGE ORDER – INCLUDES THE EXPANSION OF THE STORMWATER DESIGN, WATER QUALITY EFFORTS, Page 50 Page 206 of 6529 September 9, 2025 ENVIRONMENTAL ANALYSIS, AND PERMITTING WITH THE WATER MANAGEMENT DISTRICT Item #16B2 SECOND AMENDMENT TO AGREEMENT NO. 21-7896, EMERGENCY/DISASTER RELATED STABILIZATION AND RECOVERY SERVICES FOR ROADWAY SIGNS, WITH SOUTHERN SIGNAL AND LIGHTING, INC., EXERCISING THE SECOND RENEWAL TERM UNDER THE AGREEMENT THROUGH SEPTEMBER 13, 2026, AND APPROVING A 5% RATE INCREASE. Item #16B3 FIRST AMENDMENT TO AGREEMENT NO. 23-8108 WITH JACOBS ENGINEERING GROUP, INC., FOR DESIGN SERVICES FOR THE COLLIER AREA TRANSIT OPERATIONS AND MAINTENANCE FACILITY, TO REVISE SCHEDULE B, BASIS OF COMPENSATION, BY REALLOCATING $100,000 OF AVAILABLE FUNDING CURRENTLY DESIGNATED UNDER TASK 8 OPTIONAL SERVICES FOR AN ADDITIONAL SCOPE OF WORK IDENTIFIED AS SCOPE TASKS 4.1, 4.2, 5, 6, AND 7 (AS SET FORTH IN CHANGE ORDER NO. 2), AND TO APPROVE CHANGE ORDER NO. 2 ADDING SIXTY DAYS TO TASKS 1 THROUGH 4, REALLOCATING $75,272 TO TASK 4.2 AND $24,728 TO TASKS 4.1, 5, 6, AND 7 FOR CONSTRUCTION DOCUMENTS DESIGN MODIFICATIONS, AND ADDING $118,900 TO TASKS 1, 4.1, 5, 6, AND 7 FOR ADDITIONAL DESIGN SERVICES UNDER THE AGREEMENT, AND Page 51 Page 207 of 6529 September 9, 2025 AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENT AND CHANGE ORDER NO. 2. Item #16C1 AWARD REQUEST FOR QUOTE UNDER AGREEMENT NO. 20- 7800 TO KYLE CONSTRUCTION, INC. FOR THE REHABILITATION OF PUMP STATION 309.30 PROJECT, IN THE AMOUNT OF $483,300, APPROVE AN OWNER’S ALLOWANCE OF $113,500, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED WORK ORDER (PROJECT NUMBER 70240) – FOR THE REHABILITATION OF THE EXISTING WASTEWATER PUMP STATION 309.30 Item #16C2 TWENTY-TWO AMENDMENTS TO THE MAJOR USER AGREEMENT FOR DELIVERY AND REUSE OF IRRIGATION QUALITY WATER, AND AUTHORIZE THE CHAIRMAN TO SIGN THE AMENDMENTS – REDUCING THE RELIANCE ON POTABLE WATER FOR IRRIGATION FOR THE AMENDMENTS AS PROVIDED IN THE EXECUTIVE SUMMARY Item #16C3 AGREEMENT BETWEEN COLLIER LAND HOLDINGS, LTD AND CDC INVESTMENT PROPERTIES, LLC., (LANDOWNERS) AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING EX-OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT (CCWSD), FOR THE EXCLUSIVE Page 52 Page 208 of 6529 September 9, 2025 PROVISION OF PROVIDING POTABLE WATER AND WASTEWATER SERVICES WITHIN THE HORSE TRIALS STEWARDSHIP RECEIVING AREA (SRA) Item #16C4 COUNTY ATTORNEY TO ADVERTISE, AND BRING BACK FOR A PUBLIC HEARING, A RESOLUTION TO UPDATE THE FEE SCHEDULE FOR THE FLORIDA DEPARTMENT OF HEALTH IN COLLIER COUNTY (DOH-COLLIER) Item #16C5 AWARD REQUEST FOR PROFESSIONAL SERVICES NO. 24- 8274 TO WSP USA BUILDINGS INC., FOR SITE PLANNING AND DESIGN SERVICES FOR COLLIER COUNTY WATER RECLAMATION LABORATORY PROJECT IN THE AMOUNT OF $1,122,319.73 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT (PROJECT #70294) Item #16D1 ACCEPT AND APPROPRIATE RESTRICTED DONATIONS FROM VARIOUS DONORS AND REFUND FROM PRIOR YEAR EXPENSE, IN THE TOTAL AMOUNT OF $6,466.54 FOR THE BENEFIT OF THE COLLIER COUNTY PUBLIC LIBRARY AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENTS – FROM TEN SEPARATE DONATION LISTED IN THE EXECUTIVE SUMMARY Item #16D2 Page 53 Page 209 of 6529 September 9, 2025 BUDGET AMENDMENT TO RECOGNIZE INTEREST EARNED IN THE AMOUNT OF $12,001.00 FOR APRIL 2025 THROUGH JUNE 2025 FOR THE FLORIDA OPIOID SETTLEMENT GRANT PROGRAM (FUND 1850 AND 1852) – AS PART OF TWO (2) ALLOCATIONS THAT WILL BE RECEIVED ANNUALLY OV ETH NEXT EIGHTEEN (18) YEARS FOR THE CITY/COUNTY AND REGIONAL ABATEMENT Item #16D3 COUNTY MANAGER TO ELECTRONICALLY SIGN AND SUBMIT THE REQUIRED PARTICIPATION FORMS AND ANY ADDITIONAL FORMS UPON THEIR ARRIVAL FOR THE PURDUE DIRECT SETTLEMENT # CL-1748159, AND RUBRIS SETTLEMENT #CL-1770333 (ALVOGEN, AMNEAL, APOTEX, HIKMA, INDIVIOR, MYLAN, SUN AND ZYDUS) TO ALLOW COLLIER COUNTY TO ‘OPT IN’ TO THE NEW NATIONAL OPIOID SETTLEMENT – ENHANCING ACCESS HEALTH WELLNESS AND HUMAN SERVICES THAT ADRESS THE OPIOID EPIDEMIC Item #16D4 BUDGET AMENDMENTS RECOGNIZING INTEREST EARNED FROM THE PERIOD OF OCTOBER 1, 2024, THROUGH MARCH 31, 2025, ON ADVANCED FUNDING RECEIVED FROM TREASURY FROM THE FOLLOWING GRANT PROGRAMS: STATE AND LOCAL FISCAL RECOVERY FUND, AND THE LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND IN THE AMOUNT OF $390,422.05 TO COMMUNITY & HUMAN SERVICES GRANT SUPPORT FUND (1806) – FOR THE Page 54 Page 210 of 6529 September 9, 2025 INTEREST EARNED TOWARDS EXPENDITURES IN SUPPORT & HUMAN SERVICES PROGRAMS THAT PROVIDE ACCESS TO HEALTH, WELLNESS, AFFORDABLE HOUSING, AND HUMAN SERVICES IN COLLIER COUNTY Item #16D5 THREE AFTER-THE-FACT AGREEMENTS AND CORRESPONDING ATTESTATION STATEMENTS BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE COMMUNITY CARE FOR THE ELDERLY (#HC025), ALZHEIMER’S DISEASE INITIATIVE (#HZ025), AND HOME CARE FOR THE ELDERLY (#HH025) GRANT PROGRAMS, WITH COLLIER COUNTY SERVING AS THE LEAD AGENCY FOR THE PROVISION OF SERVICES UNDER THESE GRANTS AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS IN THE AMOUNT OF ($13,043.00) TO REFLECT A DECREASE FROM THE ESTIMATED FUNDING. (HUMAN SERVICES GRANT FUND 1837) – PROVIDING UNINTERRUPTED SUPPORT SERVICES TO COLLIER COUNTY SERVICES FOR SENIORS PROGRAMS Item #16D6 AN AFTER-THE-FACT AGREEMENT AND CORRESPONDING ATTESTATION STATEMENT BETWEEN COLLIER COUNTY AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., FOR THE EMERGENCY HOME ENERGY ASSISTANCE PROGRAM (EHEAP) GRANT PROGRAM, WITH COLLIER COUNTY SERVING AS THE LEAD AGENCY FOR THE PROVISION OF SERVICES UNDER THIS GRANT, AND Page 55 Page 211 of 6529 September 9, 2025 AUTHORIZE THE NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $6,054 TO REFLECT A DECREASE FROM THE ESTIMATED FUNDING. (HUMAN SERVICES GRANT FUND 1837) – FOR THE UNINTERRUPTED ENERGY ASSISTANCE SUPPORT SERVICES TO COLLIER COUNTY SERVICES FOR SENIORS PROGRAM’S LOW-INCOME ELDERLY CLIENTS Item #16D7 THIRD AMENDMENT BETWEEN THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (DLC) AND COLLIER COUNTY TO UPDATE FIXED PRICE/UNIT COST COMPONENTS AND REIMBURSEMENT RATES AND LANGUAGE SUPPORTING COMPONENT DESCRIPTION. (OPIOID GRANT FUNDS 1850 AND 1852) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D8 STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ANNUAL REPORT AND AUTHORIZE THE CHAIRMAN TO SIGN THE LOCAL HOUSING INCENTIVE CERTIFICATION TO CLOSEOUT FISCAL YEARS 2021/2022, AND 2022/2023, AS WELL AS THE INTERIM REPORT FOR FISCAL YEAR 2023/2024 AND AUTHORIZE STAFF TO SUBMIT THE LOCAL HOUSING INCENTIVE CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS – AS DETAILED IN THE EXECUTIVE SUMMARY Page 56 Page 212 of 6529 September 9, 2025 Item #16D9 LOW INCOME POOL LETTER OF AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION, IN THE AMOUNT OF $732,403.27 TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM, (B) AUTHORIZE AN ADDITIONAL ALLOCATION OF $111,592.27 TO ALLOW FOR THE MAXIMUM ALLOCATION OF FEDERAL MATCHING FUNDS, (C) AUTHORIZE THE COUNTY MANAGER TO EXECUTE AND SUBMIT THE LOW INCOME POOL AGREEMENT AND THE REQUIRED PROVIDER QUESTIONNAIRE AND (D) AUTHORIZE THE NECESSARY BUDGET AMENDMENT (FISCAL IMPACT $732,403.27) Item #16E1 PROCUREMENT SERVICES DIRECTOR OR DESIGNEE TO PROCURE GOODS OR SERVICES FROM VENDORS THAT HAVE BEEN AWARDED A CONTRACT AS A RESULT OF A COMPETITIVE SELECTION PROCESS BY A FEDERAL, STATE OR MUNICIPAL GOVERNMENT, OR ANY OTHER GOVERNMENTAL AGENCY, POLITICAL SUBDIVISION, OR GOVERNMENT-RELATED ASSOCIATION OR A PURCHASING COOPERATIVE, PROVIDED THAT THE ORIGINATING ENTITY UTILIZED A COMPETITIVE PROCESS SIMILAR TO COLLIER COUNTY’S, AND AUTHORIZE THE PROCUREMENT SERVICES DIRECTOR OR DESIGNEE TO SIGN AGREEMENTS ASSOCIATED WITH THOSE PURCHASES Item #16E2 Page 57 Page 213 of 6529 September 9, 2025 PURCHASE OF EXCESS WORKERS’ COMPENSATION INSURANCE FOR FY 2026 THROUGH ARCH INSURANCE COMPANY WITH AN ESTIMATED ANNUAL COST OF $265,393 – EFFECTIVE AS OF OCTOBER 1, 2025-26 FOR THE 2ND TERM OF 2-YEAR RATE GUARANTEE Item #16E3 PURCHASE OF LIABILITY, AUTOMOBILE, CYBER, AND OTHER MISCELLANEOUS INSURANCE COVERAGE FOR FISCAL YEAR 2026 IN THE ESTIMATED PREMIUM OF $1,188,677.89 – AS THE CURRENT TERM EXPIRES ON SEPTEMBER 30, 2025 Item #16E4 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR VARIOUS COUNTY DIVISIONS’ AFTER-THE-FACT PURCHASES REQUIRING BOARD APPROVAL IN ACCORDANCE WITH PROCUREMENT ORDINANCE NO. 2025-34, AND THE PROCUREMENT MANUAL IN THE AMOUNT OF $10,810 (FUND 4008) – THIS OVERSIGHT HAS SINCE BEEN ADDRESSED THROUGH A CONTRACT AMENDMENT Item #16F1 FIFTEENTH AMENDMENT TO AGREEMENT NO. 11-5776, MEDICAL EXAMINER SERVICES, EXTENDING THE TERM TO SEPTEMBER 30, 2026 (FUND 0001) Page 58 Page 214 of 6529 September 9, 2025 Item #16F2 PURCHASE AGREEMENT (#PL290) AND CERTIFICATION REGARDING DEBARMENT WITH CENTRAL FLORIDA BEHAVIORAL HEALTH NETWORK, INC., (MANAGING ENTITY) IN THE AMOUNT OF $72,916.66 TO UTILIZE COORDINATED OPIOID RECOVERY (CORE) NETWORK OF ADDICTION CARE FUNDS FOR OPIOID-RELATED PREVENTION, TREATMENT, AND RECOVERY SUPPORT SERVICES – ENSURING AROUND-THE-CLOCK ACCESS TO INITIAL TREATMENT, ENSURING CONTINUITY OF CARE AND ACCESS TO RESOURCES DESIFNATED FOR SUPPORT AND UNRESTRICTED TREATMENT Item #16F3 AWARD INVITATION TO BID NO. 25-8364, “FREIGHT AND MOVING SERVICES OF DISASTER SUPPLIES,” TO SHIP SMARTLY CO., AS A PRIMARY VENDOR AND GARNER ENVIRONMENTAL SERVICES INC., AS A SECONDARY VENDOR, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS – FOR THE TRANSPORT OF DIASTER SUPPLIES, PALLETIZED COMMODITIES AND OTHER GOODS/EQUIPMENT BEFORE, DURING AND AFTER NATURAL DISASTERS OR CRITICAL EVENTS WITHIN COLLIER COUNTY Item #16F4 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE (EMPA) GRANT AGREEMENT A0564 FROM THE Page 59 Page 215 of 6529 September 9, 2025 FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) IN THE AMOUNT OF $105,806 FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT AND AUTHORIZE NECESSARY BUDGET AMENDMENTS. (FUND 1833 PROJECT NO. 33956) – ENHANCING COLLIER COUNTY’S EMERGENCY PREPAREDNESS CAPABILITIES Item #16F5 BUDGET AMENDMENTS FOR THE EXECUTED MEMORANDUM OF UNDERSTANDING (MOU) ARP21-27 BETWEEN COLLIER COUNTY EMERGENCY MEDICAL SERVICE (EMS) AND COMMUNITY & HUMAN SERVICES DIVISION FOR THE PUBLIC HEALTH INFRASTRUCTURE PROJECT IN THE AMOUNT OF $380,147.38 FOR THE PURCHASE OF ONE AMBULANCE IN ACCORDANCE WITH COLLIER PUBLIC HEALTH INFRASTRUCTURE PROGRAM, AMERICAN RESCUE PLAN ACT, U.S. DEPARTMENT OF THE TREASURY, LOCAL FISCAL RECOVERY FUNDS – AMENDMENT #14 FOR THE PURCHASE OF AN EMS VEHICLE PROVIDING A HIGH LEVEL OF SERVICE AND EFFECTIVELY MEETING THE NEEDS OF OUR COMMUNITY Item #16F6 BUDGET AMENDMENTS APPROPRIATING APPROXIMATELY $1,687,889,400 OF UNSPENT FY 2025 CAPITAL PROJECT AND GRANT BUDGETS INTO FISCAL YEAR 2026 Item #16F7 Page 60 Page 216 of 6529 September 9, 2025 RESOLUTION 2025-170: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS, OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Item #16G1 PROPOSED SEVENTH AMENDMENT TO A SUBLEASE OF LAND AGREEMENT WITH KPK TO AMEND THE RENT SCHEDULE – AS SET BY THE AIRPORT AUTHORITY Item #16J1 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS IN THE AMOUNT OF $30,126,842.20 WERE DRAWN FOR THE PERIODS BETWEEN AUGUST 14, 2025, AND AUGUST 27, 2025, PURSUANT TO FLORIDA STATUTE 136.06 Item #16J2 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF SEPTEMBER 3, 2025 Page 61 Page 217 of 6529 September 9, 2025 Item #16J3 AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES FOR THE FEBRUARY 3, 2026, CITY OF NAPLES GENERAL ELECTION Item #16K1 RESOLUTION 2025-171: DECLARING A VACANCY ON THE GOLDEN GATE BEAUTIFICATION MSTU ADVISORY COMMITTEE Item #16K2 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $122,500 PLUS $29,792 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1285FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K3 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $127,500 PLUS $28,362 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1350FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K4 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $60,000 Page 62 Page 218 of 6529 September 9, 2025 PLUS $11,329 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1366FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K5 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $60,000 PLUS $11,706 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1363FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249 Item #16K6 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $122,000 PLUS $28,782 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL 1326FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249, AND DELEGATE AUTHORITY TO THE COUNTY MANAGER OR HER DESIGNEE TO PROCESS PAYMENT OF ADDITIONAL STATUTORY ATTORNEY’S FEES FOR SUPPLEMENTAL PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA. STAT., BUT NOT TO EXCEED $3,000 Item #16K7 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $150,000 PLUS $31,308 IN STATUTORY ATTORNEY AND EXPERTS’ FEES AND COSTS FOR THE TAKING OF PARCEL Page 63 Page 219 of 6529 September 9, 2025 1278FEE REQUIRED FOR THE VANDERBILT BEACH ROAD EXTENSION PROJECT NO. 60249, AND DELEGATE AUTHORITY TO THE COUNTY MANAGER OR HER DESIGNEE TO PROCESS PAYMENT OF ADDITIONAL STATUTORY ATTORNEY’S FEES FOR SUPPLEMENTAL PROCEEDINGS, IF ANY, AS AUTHORIZED BY CH. 73, FLA. STAT., BUT NOT TO EXCEED $7,000 Item #16L1 BUDGET AMENDMENTS TO RECOGNIZE CARRYFORWARD IN BAYSHORE CRA FUND (1020) AND IMMOKALEE CRA FUND (1025), TRANSFER THOSE MONEYS ALONG WITH RESERVE BALANCES INTO BAYSHORE CRA CAPITAL FUND (1021) AND IMMOKALEE CRA CAPITAL FUND (1026), AND APPROPRIATE THOSE FUNDS INTO SPECIFIC PROJECTS PURSUANT TO THE COMMUNITY REDEVELOPMENT PLAN – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16L2 BUDGET AMENDMENTS TO REALLOCATE FUNDS WITHIN BAYSHORE CRA PROJECT FUND (1021) AND APPROPRIATE THOSE FUNDS INTO SPECIFIC PROJECTS BASED ON COMMUNITY NEEDS PURSUANT TO THE COMMUNITY REDEVELOPMENT PLAN – ALLOCATING THE FUNDS INTO STORMWATER, GATEWAY MASTER PLAN, SHADOWLAWN CORRIDOR AND N. BAYSHORE ENHANCEMENT FUNDS Item #17A - This item is further continued to the September 23, 2025, BCC Meeting. The item was initially continued from the June 24, Page 64 Page 220 of 6529 September 9, 2025 2025, to the September 9, 2025, BCC Meeting. No discussion of this item will take place at the September 9, 2025, Board of County Commissioners Meeting. RECOMMENDATION TO ADOPT AN ORDINANCE AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE TO IMPLEMENT HOUSING INITIATIVES IN THE GROWTH MANAGEMENT PLAN RELATING TO HOUSING THAT IS AFFORDABLE. [PL20210001291] (SECOND OF TWO HEARINGS). Item #17B RESOLUTION 2025-172 (DISTRICT I); RESOLUTION 2025-173 (DISTRICT II): RESOLUTIONS APPROVING THE PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS, AND ADOPTING SAME AS THE NON- AD VALOREM ASSESSMENT ROLLS FOR THE PURPOSE OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY, PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE $37,763,600 Item #17C Page 65 Page 221 of 6529 September 9, 2025 ORDINANCE 2025-35: AN ORDINANCE REZONING THE SUBJECT PROPERTY, A 2.56± ACRE PARCEL LOCATED 1600 FEET WEST OF AIRPORT-PULLING ROAD ON THE NORTH SIDE OF BAILEY LANE, AT 3001 BAILEY LANE, IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA FROM THE ESTATES (E) ZONING DISTRICT TO THE RESIDENTIAL SINGLE-FAMILY-3 (RSF-3) ZONING DISTRICT TO ALLOW UP TO THREE SINGLE- FAMILY DWELLING UNITS WITH A MAXIMUM DENSITY OF ONE DWELLING UNIT PER 0.85± ACRES [PL20240003946] Item #17D RESOLUTION 2025-174: AN AMENDMENT TO RESOLUTION NO. 2022-209, WHICH ESTABLISHED THE BRIGHTSHORE VILLAGE STEWARDSHIP RECEIVING AREA (SRA), TO CHANGE THE SIZE OF THE SRA FROM 681.5 ACRES TO 671.4 ACRES; TO MOVE THE SOUTHERN SRA BOUNDARY TO ACCOMMODATE THE EXPANSION OF IMMOKALEE ROAD; TO CHANGE THE STEWARDSHIP CREDITS NEEDED FROM 5198.4 TO 5103.2 CREDITS; TO REVISE THE SRA DEVELOPMENT DOCUMENT AND SRA MASTER PLAN; AND TO REVISE THE STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR BRIGHTSHORE VILLAGE SRA. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD, NORTHEAST OF THE INTERSECTION OF IMMOKALEE ROAD AND RED HAWK LANE, IN SECTIONS 18 AND 19, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA [PL20240007926] Item #17E Page 66 Page 222 of 6529 September 9, 2025 RESOLUTION 2025-175: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS, AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2024-25 ADOPTED BUDGET. (THE BUDGET AMENDMENTS IN THE ATTACHED RESOLUTION HAVE BEEN REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS VIA SEPARATE EXECUTIVE SUMMARIES.) Page 67 Page 223 of 6529 September 9, 2025 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:13 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ___________________________________ BURT SAUNDERS, CHAIRMAN ATTEST: CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 68 Page 224 of 6529 September 18, 2025 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 18, 2025 FINAL BUDGET HEARING LET IT BE REMEMBERED that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 5:05 p.m., in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following Board members present: Chairman: Burt L. Saunders Dan Kowal Chris Hall Rick LoCastro William L. McDaniel, Jr. ALSO PRESENT: Amy Patterson, County Manager Ed Finn, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Troy Miller, Communications & Customer Relations Page 1 Page 225 of 6529 September 18, 2025 MS. PATTERSON: Chair, you have a live mic. CHAIRMAN SAUNDERS: Good evening. I want to welcome everybody to our final budget hearing. We're going to start off with the Pledge of Allegiance, and I've asked Commissioner LoCastro if he would lead us in the Pledge. COMMISSIONER LoCASTRO: Please join me. If you're a veteran, hand salute, please. (The Pledge of Allegiance was recited in unison.) CHAIRMAN SAUNDERS: Ms. Patterson, why don't you take us through the agenda. And before we begin, if there are folks in the audience that want to make a presentation, want to speak, if you have not filled out a speaker card, this young man over here, Troy Miller, will accept the speaker card from you. MS. PATTERSON: Good evening, and welcome to the final budget hearing for the Fiscal Year 2026 budget. We do have a series of requirements that we're going to go through tonight, and they're highlighted now on the screen. I'm going to turn it over to Mr. Chris Johnson. He is your director of Corporate Finance -- and I'm not even going to try. He's going to give you your -- he's going to give you his title as he enters into the record. He's going to get us started with the discussion on the FY '25/'26 millage rates and increases over the rolled-back millage rates. MR. JOHNSON: Thank you, Ms. Patterson. Good evening, Mr. Chairman, Commissioners. Christopher Johnson, your director of Corporate Financial Management Services, for the record. Again, I'd like to welcome you to the final public hearing on the Collier County Government Fiscal Year '25/'26 budget which begins October 1st, 2025, and runs through September 30th, 2026. I'll briefly run through this agenda as well. Tonight we'll discuss Page 2 Page 226 of 6529 September 18, 2025 the FY '25/'26 millage rates and increases over the rolled-back millage rates. We'll review the amendments to the tentative budget that was adopted last meeting at the first public hearing on September 4th. We're going to look to adopt a resolution amending the tentative budgets. This will be followed by the announcement of the millage rates and percent changes in property tax rates. Then that will be followed by an adoption of a resolution setting the millage rates for Tax Year 2025, Fiscal Year 2026, and finally, the adoption of the final budget for Fiscal Year 2026 via resolution. But before we get started, we'll begin with the required TRIM processes. And before we get started with the required TRIM processes, I'm going to give you one last quick outline of where we've been on this path towards the final public hearing and the adoption of the '25/'26 budget. As you can see, we're almost done. The peach is what we've been through, the yellow is where we are today, and the blue is where we're going. This all started in February with our first budget policy discussion, followed by our strategic plan priority-based budgeting workshop in March, and this was followed by the adoption of the FY '26 budget policy. This policy provided the framework for departments to build their FY '26 budget. In June, at the budget workshop, the County Manager presented the Board with her recommended budget. July 1st, we received the certified taxable value from the Property Appraiser. On July 8th, the Board adopted the maximum FY '25/'26 millage rates with countywide and unincorporated rates set at the maximum millage of millage neutral. On July 11th, the Board received the tentative FY '25/'26 budget document, which included changes from the June workshop. Page 3 Page 227 of 6529 September 18, 2025 On August 18th, the TRIM notices were sent to all property owners within the county. September 4th was our first of two '25/'26 budget hearings where the Board adopted the tentative millage rates and the tentative budget. September 12th was the deadline for property owners to file a petition with the Value Adjustment Board. And today we're at the final FY '26 budget hearing. Today is Thursday, September 18th. And early October, by October 6th, our office will submit the TRIM compliance package to the Department of Revenue. Any questions on the timeline? (No response.) MR. JOHNSON: All right. Moving on. This slide depicts our agenda for today, which can be found on Packet Page 7. This final budget hearing must follow specific format pursuant to Truth In Millage guidelines. Your agenda contains a specific sequence of events that will be covered. Pursuant to Florida Statute Chapter 200, the required advertisement for this final hearing was published in the Naples Daily News and on the Clerk's website on Monday, September 15th, 2025. Agenda and speaker slips are available in the hallway. Anyone interested in addressing the Board regarding the budget must complete a speaker slip and provide it to Mr. Miller over there across from me. Following some remarks regarding tax rates and changes to the tentative budget that was approved at our previous budget hearing on September 4th, there will be an opportunity for public comment under Item 1C. Item #1A DISCUSSION OF FY 2025-26 MILLAGE RATES AND INCREASES OVER THE ROLLED- BACK MILLAGE RATES - Page 4 Page 228 of 6529 September 18, 2025 DISCUSSED BY CHRIS JOHNSON, WITH THE PERCENTAGES OF THE PROPOSED INCREASE IN MILLAGES ARE AS FOLLOWS: GENERAL FUND 3.0107 PER $1000 OF TAXABLE VALUE; WATER POLLUTION CONTROL 0.0246 PER $1000 OF TAXABLE VALUE; CONSERVATION COLLIER 0.2096 PER $1000 OF TAXABLE VALUE; SUBTOTAL COUNTY WIDE 3.2449 PER $1000 OF TAXABLE VALUE; AGGREGATE MILLAGE RATE 3.7675 PER $1000 OF TAXABLE VALUE MR. JOHNSON: With that, I'll dive right into the required items beginning with Item 1A, a discussion of the FY '25/'26 millage rates and increases over the rolled-back millage rates. State law requires that the first issues to be discussed are, number one, the percentage increase in millage over the rolled-back rate needed to fund the budget and, number two, the reason ad valorem tax revenues above the rolled-back rate as calculated on State Form DR420 are being increased. Rolled-back rate is defined as the tax rate necessary to generate prior-year tax revenues, and this tax rate is calculated not including taxable value associated with new construction additions, deletions, and rehabilitative improvements. At the first public budget hearing on September 4th, the Board adopted tentative millage rates at the millage-neutral rate for the countywide taxing districts and the Unincorporated Area General Fund. For the General Fund, the millage-neutral rate is $3.0107 per thousand dollars of taxable value, the Water Pollution Control millage rate is $0.0246 per thousand dollars of taxable value, the Conservation Collier millage rate is $0.2096 per thousand dollars of taxable value, and for the Unincorporated Area General Fund, the millage rate is $0.6844 per thousand dollars of taxable value. Page 5 Page 229 of 6529 September 18, 2025 The MSTU millage rates that you see on this slide were established per policy. These budgets were established to cover the operational needs for FY '26, any planned capital allocations, and/or reserves. Tax levies for the General Fund, Conservation Collier, and Unincorporated Area General Fund together represent the majority of the total aggregate taxes levied across all Collier County Government taxing authorities for FY '26. The FY '26 tentative General Fund and Un -- sorry -- Unincorporated Area General Fund operating capital budgets, as presented, are based upon Board-adopted budget policy. Both the General Fund and the Unincorporated Area General Fund proposed tax rates are at the millage-neutral rate. Collier County taxable value has increased for FY '26 by 8.49 percent and 8.81 percent within the General Fund and Unincorporated Area General Fund, respectively. With an increase-in-taxable-value environment, the rolled-back rate will be lower than the millage-neutral rate, and this is the case in FY '26. The cumulative aggregate rolled-back rate for all county taxing authorities, exclusive of debt service, totals $3.5870 per thousand dollars of taxable value. The proposed aggregate tax rate for all Collier County taxing authorities is 3.7675 per thousand dollars of taxable value. This represents an increase of 5.03 percent over the aggregate rolled-back rate. Any questions on the millage rates before we move on to Agenda Item 1B? (No response.) Item #1B Page 6 Page 230 of 6529 September 18, 2025 DISCUSSION OF FURTHER AMENDMENTS TO THE TENTATIVE BUDGET – DISCUSSED MR. JOHNSON: All right. Item 1B, review and discussion of further amendments to the tentative budget. For tonight's hearing, changes from the FY '26 tentative budget adopted at our last budget hearing on September 4th are noted within Exhibit 1B. These changes result from, one, adjustments to certain funds reflecting FY '25 revenue and expense changes, which resulted in adjustments to FY '26 carryforward; this is also referred to as the beginning cash balance in '26. Two, adjustments for the transfer of funding from operating budgets to various motor pool funds for the purchase of expanded vehicles. And, three, adjustments that are necessary in accordance with previous Board action or direction. Detailed fund-level budgetary resolution changes are found within Exhibit 1B, Pages 3 to 16, or packet Pages 13 to 26. A summary of these actions is described within Exhibit 1B, Page 1 to 2, or Packet Page 11 to 12. The total gross budget changes amount to $1,064,600. Any questions on the budget changes since the September 4th meeting? (No response.) CHAIRMAN SAUNDERS: No. Item #1C PUBLIC COMMENTS AND QUESTIONS MR. JOHNSON: All right. Mr. Chairman, that brings us to Item 1C, public comment and questions. CHAIRMAN SAUNDERS: Commissioner LoCastro. Page 7 Page 231 of 6529 September 18, 2025 COMMISSIONER LoCASTRO: Thank you, Chairman. I had asked the Chairman if I could make an opening statement, and it might keep me from speaking a little bit more later on to just get everything out. CHAIRMAN SAUNDERS: In that case, go forward. COMMISSIONER LoCASTRO: Yeah, I knew you'd support. And the reason I wanted to say something before public comment is I want people to just contemplate a little bit before you come to the podium what I have to say. It may change what you have to say; it may not. It may make what you say at the podium stronger, or maybe you have a different thought. But I want to give you my thoughts, and I wanted to do it in a full room before everybody started exiting, which sometimes is the case. Number one, I thank you all for being here. I think I speak for all the commissioners when I say you obviously care about the process. And you know, I wish the room was full, because we got 800 emails from people that certainly had concerns about the budget, but -- so here's what I wanted to say. I'm going to do something a little unorthodox tonight to set the stage for how I personally feel about our budget because I'm not looking to turn this meeting into some political rally or to read a misquoted soundbite of me in the news but, most importantly, to hopefully generate some contemplation in the crowd before everybody walks to the podium. Many citizens will be speaking in this room for the first time tonight about our county budget, but we've all met here multiple times for public meetings, dissecting the details, and considering the possibilities, unfortunately, usually to a near empty room. I've personally answered 7- to 800 emails from citizens who are on all sides of the budget numbers as well as Conservation Collier funding. Commissioners and staff have met in this room and also in Page 8 Page 232 of 6529 September 18, 2025 many one-on-one meetings for many months discussing the budget, just as Chris outlined. My position has not changed concerning the millage rate. Keeping the tax rate millage neutral is a huge positive for our community and reinforces our commitment to continue to utilize the current tax dollars we have and to, more importantly, continue looking for savings in areas that might be overfunded. Also to look at county services that could use any extra money saved for programs that could even better support our citizens. Instead of elected officials merely looking at where the money goes, we have all pledged to aggressively manage our current taxpayer dollars and properly invest and ensure we are doing more than just providing overwatch of these funds; that we remain aggressively hands-on and we know where the excesses are and where the deficiencies need to be improved. That said, there's also been a lot of talk about Conservation Collier. This citizen-voted-on program passed with a major majority of support many years ago and now certainly has opinions on all sides, all opinions that I feel have merit. As I mentioned, I've answered hundreds of emails on the budget, mostly comments about Conservation Collier; however, that number of emails is but a small fraction of the citizens who actually went to the polls and voted for the program. Although we might have some latitude to make changes to what they voted for, my stance is Conservation Collier is a citizen-voted-on program. Changes to it may have merit, but I don't think we're sitting up here as a monarchy making or overriding citizen-voted-on decisions. We're altering a program citizens felt they implemented and approved without change. We aren't kings who override what happens at the polls because someone has a last-minute great idea. What I believe citizens voted Page 9 Page 233 of 6529 September 18, 2025 for was a set program they believed wasn't adjustable by commissioners, and that was proven when we moved some funds around in the account and we received overwhelming questions and even some backlash. The truth is, we may have been in the right when you read the fine print, but the spirit of what 77 percent of citizens voted for was certainly questioned. I don't believe tinkering with the Conservation Collier millage rate at this late stage in budget discussions is our best course of action for this voter-approved program. If voters want Conservation Collier adjusted, we should send them back to the polls and give the masses voice once again for a tax they imposed upon themselves. I believe our revamp last year of Conservation Collier certainly better educated and informed voters on how the program now works and how it wasn't working. With that knowledge, if they feel the tax they voted for should be adjusted, I believe they should make that decision for a program they voted for. As I stated, adjusting Conservation Collier very well might have merit. I don't disagree that it might. But being told to do it by a representation of citizens at the podium tonight for a much larger voter-approved program is not how government should function, in my opinion. I do agree Conservation Collier might be ripe and ready for further analysis, and hopefully many great ideas and input will be heard tonight. All good things the mass population of citizens should be allowed to digest and decide at the polls, once again, if they want to take these ideas or not to make changes to a program they supported in overwhelming numbers. I am a strong conservative supporter of limiting and reducing taxes and for smaller government, and I'm doing so tonight with my millage-neutral vote at a time when we still have many financial Page 10 Page 234 of 6529 September 18, 2025 needs across the county; however, I'm confident we will meet those needs with the vast amount of savings we are and continue to find with our aggressive top-down review of our $2 billion county budget. However, if commissioners and/or citizens feel a reduction in Conservation Collier is another area where savings could be found or current taxation is excessive, we should give their voices another chance to be heard once again at the polls. Tonight I'm voting for a millage-neutral tax rate with no other changes at this time to any other programs. As I stated at the last meeting, in a few months we will be right back in this room albeit with much less people, I'm sure, discussing the next budget, and we could easily have a more fully vetted plan with our citizen population for this voter-approved Conservation Collier program if that is the desire. Thank you. CHAIRMAN SAUNDERS: All right. (Applause.) CHAIRMAN SAUNDERS: Any other comments from the Commission before we move to some public comment? (No response.) CHAIRMAN SAUNDERS: All right. Why don't we go ahead and hear from the public comment. MR. MILLER: Good evening, Mr. Chair. We have 14 registered speakers here in the room and three people participating on Zoom, although I think we have a couple more registered that haven't joined. I'm going to ask the speakers to use both podiums and queue up. Your first speaker is Fay Greystone. She will be followed by Michele Lenhard. I'll remind all of you speakers you'll hear a beep at 30 seconds to remind you that you're almost out of time. COMMISSIONER McDANIEL: Can we limit Fay to one Page 11 Page 235 of 6529 September 18, 2025 minute? CHAIRMAN SAUNDERS: You can try to. Give it your best shot, right? MR. MILLER: Fay will be followed by Michele Lenhard. MS. GREYSTONE: Fay Greystone, the Chinese redneck. Okay. All I know, I don't want to raise our tax. Look, the Golden Gate Estates, okay, Golden Gate City, the people, the cheapest one, the rent, cheapest one, Golden Gate City. You know it's not good area, okay. Twenty-four hundred for duplex, okay. It's not a big one. How could you handle it? Okay. Now, you want to raise the tax and also official people, your salaries, they're high, and you don't help the bottom people, okay. I was lucky because I come here earlier. I've been here almost 50 years in Golden Gate Estates. Same place 43 years, more, okay. So I get benefit. Cheap land. Everything's cheap. Now we've got to help young people, all the young kids, young people. How have we chance? Give them a break. Don't raise any more tax. That's it. Thank you. MR. MILLER: Your next speaker is Michele Lenhard, and she'll be followed by Gayle Repetto. MS. LENHARD: Good evening, Commissioners. I'm Michele Lenhard, chair of Conservation Collier Advisory Committee. And I do thank you for the opportunity to comment on the budget tonight. I've written you letters during the process on behalf of the committee. I appreciate and thank you for your work on the County budget. During the budget process, as mentioned, Conservation Collier sits in a unique position. That is the only portion of the budget which has direct and overwhelming resident support via referendum on three separate occasions. Our residents realized the long-term financial impact of the program and trust in the mission to preserve land within our county that cannot be preserved by federal or state Page 12 Page 236 of 6529 September 18, 2025 programs, and they said yes. The Conservation Collier budget is an expression of that trust, a trust that can acquire and manage property today as well as in the future without impacting General Fund obligations. As we look at the budget this year, we ask the question, "Does Conservation Collier have enough money?" Since Conservation Collier is a long-term program with management obligations in perpetuity, it is important to consider this budget beyond 2026. It is important to meet today's purchasing goals as well as those in the coming years. It is important to save tax dollars today for the future. Already in the pipeline for '26 are 25 A-listed parcels totaling 907 acres and costing $17.8 million. That is pending your approval, of course. There are also A-listed properties outstanding within our multi-parcel project areas of Panther Walk, Red Maple Swamp, Winchester Head, and Gore. That's about 770 acres and totals $20 million. On the horizon is the upcoming Rails to Trails program at Railhead Scrub estimated to cost an obligation to Conservation Collier of 13.8 million. The first pledge is due of 6.9 million shortly. And the new target protection mailing area will also be coming before you shortly. We are excited about the Williams Farm purchase, 1,410 acres, closing recently at about $11.9 million, and we know the future may provide opportunities for other large tracts of lands. How much money does the program need? Let's focus on the future. The budget for Conservation Collier is a fund for our children, our grandchildren, as well as current and future residents of this county. People need and want to remain connected to the outdoors. It is why they moved here, and it is what drives our economy. Page 13 Page 237 of 6529 September 18, 2025 On behalf of the advisory committee, we ask you to support the rolled-back millage rate of .2096 for Conservation Collier and to continue a legacy of habitat protection, aquifer recharge, stormwater management, and recreational opportunities for our citizens. Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next speaker is Gayle Repetto. She'll be followed by Brad Cornell. MS. REPETTO: Hello, Commissioners, and thank you for working so hard for Collier County. I come before you with a couple things. You might be telling me I'm going to speak out of both sides of my mouth. So I want to preserve the green spaces in Collier County. I love the birds. I like going out on the trail, and we want to keep it wild and our water clean and our free spaces, and hopefully you'll continue, as Commissioner LoCastro said, to support Conservation Collier. With that said, the second you raise my taxes, I'm going to be right in here and say, "What are you doing? You're not good Republicans raising my taxes." So I have a little information technology background, so I thought I'll just think around here in this budget, not that I'm a CPA, but I noticed something. And I didn't know much about these municipality services taxing units, and for example, there's one. I know it's trivial in the budget. It's little Golden Gate beautification area. So that's 735,000 up to 775,000, which rolls into the final at 3 -- 3 million, and I'm like, "How could that be?" So I went to their meeting agenda yesterday, and this is Golden Gate beautification area. I don't know if you've driven down, like, Hunter and Coronado. It's not very pretty there. I don't know what they're doing with the money. But come to find out, they have two million, two thousand -- 206 dollars and 25 cents in unexpended Page 14 Page 238 of 6529 September 18, 2025 prior-year funds. So -- and they're budgeting spending $335,000 on new projects. So -- now I'm not a CPA, but it looks to me like this MSTU has money they haven't spent, and they're rolling it over. You have 23 MSTUs. What if all of them are sitting on a couple million bucks? Is that going to be enough money for Conservation Collier? No, but it's money that could be laying around. So that would be another thing I just wanted to highlight. But I'm grateful that you will continue to keep our spaces green and our nature wild and free. Thank you. CHAIRMAN SAUNDERS: Just one quick comment -- MS. REPETTO: Yes, sir. Yes, Burt. CHAIRMAN SAUNDERS: -- I'd like to make because I've been involved -- all of us have been involved in some of these MSTUs. They do collect money, and sometimes they have to collect money for several years before they can do some things that need to be done. You mentioned Golden Gate City, I think -- MS. REPETTO: The beautification. CHAIRMAN SAUNDERS: There's so much -- MS. REPETTO: Different from the community center. CHAIRMAN SAUNDERS: There's -- yeah, exactly. But there's so much planned for that community in terms of beautification, but it takes years to collect enough money to make those things happen. So that's probably part of why you're seeing some of those budget surpluses -- MS. REPETTO: Okay. CHAIRMAN SAUNDERS: -- in those accounts. MS. REPETTO: Thanks, Commissioner. MR. MILLER: Your next speaker is Brad Cornell, and he'll be followed by Heather Curtis. CHAIRMAN SAUNDERS: Commissioner McDaniel, did you Page 15 Page 239 of 6529 September 18, 2025 have something? COMMISSIONER McDANIEL: I just wanted to also say I remember when I first became a commissioner, I was going to the CRA in Immokalee, and they had a voluminous amount of reserves, what I perceived to be as a voluminous amount of reserves. And I started chirping about those reserves, and that's when it was explained to me that they were accumulating funds for sidewalk projects over a three- and four-year period. And so I couldn't tap those reserves to take care of things that I wanted to do initially. So a little bit more investigation with regard to these reserve funds, as we go forward. I mean -- and this board, prior to Commissioner Hall and Kowal coming on board, we had a beautification MSTU for Radio Road, and it had really grown to a huge amount. And what we -- and there really wasn't any reason for it to be there. And so what we -- what the Board did is left the MSTU bounds in place, moved the tax to zero, and expended down those funds as opposed to hunting a project to go spend the money, and that's something that our staff is now doing on a regular basis that wasn't incorporated in the past. So as we go forward on these things, a little bit more investigation as to what those reserves are accounted for, you'll be able to see that they're planning a project somewhere, and they're gathering money as they go. MS. REPETTO: Thank you. MR. MILLER: Brad Cornell followed by Heather Curtis. MR. CORNELL: Thank you, Mr. Chair and Commissioner. I'm Brad Cornell, and I'm here on behalf of Audubon Western Everglades and Audubon Florida and its Corkscrew Swamp Sanctuary. Thank you for the opportunity to address you on your budget tonight and for your work on this. It's kind of thankless and boring work -- Page 16 Page 240 of 6529 September 18, 2025 COMMISSIONER LoCASTRO: Kind of. MR. CORNELL: -- from a public perspective. But I appreciate that -- we all appreciate that work. I also want to thank you on behalf of Audubon for your historic, strong support of Conservation Collier. You have shown that for years, and it's appreciated. Regarding the budget for Conservation Collier, Audubon wants to clarify some important factors on that program and the statement that "it is sitting on a pile of money, and funding should be cut." First, the acquisition fund is larger than usual because, until last week, there had been almost no closings on Conservation properties due to being frozen since February while investigations were made into appraisals and the appraisal process and how wetlands and listed species habitat get appraised. The second thing is, there also have been no offers made to any of the four large multi-parcel project landowners all year. Those typically are done starting in the spring but were not due to the appraisal review. And third, the large amount of funds in the maintenance fund, that's Fund 1062, is by design where it is principal invested so interest can be used in perpetuity for land management without going to the General Fund even after the Conservation Collier tax levy may end. That is not available for any other purposes except in emergencies, and that's a large fund, and it's got to get even bigger if we're going to do this in perpetuity for all the thousands of acres we're buying. It's important to recognize also that the Land Acquisition Fund 1061 is actually totaling right now, as Fiscal Year '25 ends, $22 million. The $50 million in your budget sheet includes funds that were transferred to the maintenance, so those funds, in effect, are being double counted and it doesn't imply the -- it doesn't show the Page 17 Page 241 of 6529 September 18, 2025 right figure for the total right now. And the tax receipts are actually $3 million less than the figure implies, and you can see that in your budget sheet if you go deep into it. The maintenance fund, 1062, is at 47 million, and that's 20 -- the $22 million is more than usual, and that's because there are about 907 acres worth of at least $12 million ranked for top priority acquisition waiting for your approval and action from the Fiscal Year '25 reviews. That's without any applications for Fiscal Year '26. So -- and as you heard from Michele Lenhard, there's a lot of plans and great projects that are going to be coming in front of you in the coming months for this next fiscal year. So we are all hopeful for many more applications to come to match the 2,400 acres that are being considered right here at the end of Fiscal Year '25 and closed on. That's a great amount. I think Lee County in 2020 only had about 600 acres that they bought this past year. So you guys are way surpassing what they're doing in 2020, which is great. We want to see that happen again this next fiscal year. For those to be successful, however, we urge the Board to keep the Conservation Collier millage-neutral ad valorem levy at 0.2096 as is proposed in the current Fiscal Year '26 final budget that's before you. So again, thank you very much for your steadfast support of one of the most important and most popular programs that this county has. Thank you. MR. MILLER: Your next speaker is Heather Curtis. She'll be followed by Bridget Washburn. MS. CURTIS: Good evening, gentlemen. Tonight marks not my first but my second time here speaking before you. Coincidentally, it's the second time speaking on behalf of Conservation Collier. Page 18 Page 242 of 6529 September 18, 2025 I'm here again to ask that you respect the taxpayers' voices who again and again continue to show support for this program. Overdevelopment, I don't have to tell anyone here, is consuming and destroying water, natural spaces, and wildlife. I personally work in our tourism industry, so I am acutely aware of just how dependent we are on the money that we make via tourism. We don't have to think back very far to think about red tide and kind of the devastating effects that had on our economy. Programs like Conservation Collier are a vital way to balance growth with conservation, especially when it comes to our aquifers. I can't stress this enough, we are nothing but a strip mall without keeping these protected natural areas just that, protected and natural. Please, please, please do the right thing. Please do what the voters are repeatedly asking us -- asking you to do. Also, if we want to make some more money, this is the only downtown I've ever been in that you don't have to pay for parking. Let's start charging other people for parking if we need to make a little money. But thank you so much for your time tonight. MR. MILLER: Your next speaker is Bridget Washburn, and she'll be followed by Charlotte Newell. MS. WASHBURN: Hi, good evening. I am Bridget Washburn, executive director of Audubon Western Everglades. Thanks so much for the opportunity to speak, and thanks for all of your work that you do here. Also, thank you for all your historic support of the Conservation Collier program. Your support, along with that of Collier County voters, has made Conservation Collier a highly successful, transparent, and smart program for local land conservation. Over 5,000 acres have been protected by Conservation Collier. The program is a fundamental component of the county's Page 19 Page 243 of 6529 September 18, 2025 environmental conservation efforts. Properties purchased protect critical water resources, aquifer recharge areas that supply our drinking water, and wetlands, which is really important, because just one acre of wetlands can hold over a million gallons of water. So by purchasing and protecting the inland wetlands, we help protect our community from flooding. And as the wetlands hold water, they're purifying it, they're cleansing it at no cost, and it prevents polluted runoff from reaching the coast and our beaches where we get the harmful algal blooms and those sort of issues. Land conservation is a proven low-cost, low-tech approach to improve water quality and increase resilience. Land conservation helps make Collier a sustainable and really appealing place to live. Collier voters have had the foresight to consistently choose to invest in long-term resource protection voting to establish Conservation Collier in 2002, continued in 2006, and in 2020 in the midst of COVID, they still enthusiastically supported it. And during that period, the preserves were some of the only areas that were open to the public, so it was really important for getting out, getting some fresh air, and seeing your friends. Lands proposed for protection are needed to sustain biodiversity, and they provide ecological connections that expand essential habitat for native wildlife, including the Florida panther. The program allows us to contribute to larger efforts to protect and restore the greater western Everglades and the Florida wildlife corridor. We have established multiple partnerships to tackle these landscape-level projects, and continued funding is needed to accomplish the collective goals. Land conservation is a highly effective and long-term solution to a growing number of environmental challenges that we're seeing. So we at Audubon Western Everglades ask that you help ensure the future sustainability and resilience of Collier County by supporting Page 20 Page 244 of 6529 September 18, 2025 Conservation Collier at its current funding level. Thank you. MR. MILLER: Your next speaker is Charlotte Newell. She'll be followed by Richard Schroeder. MS. NEWELL: Good evening, Commissioners. I'd like to thank you all so much for the time that you've spent putting together this budget, the time you've spent responding to emails, and the time that you are now spending listening to us talk. My name is Charlotte Newell. I was born and raised in Naples, Florida. Lived out in the Estates my entire life. And I may not look like it right now in my purple hair and my work clothes, but I'm a swamp lady through and through. I have been so fortunate to be able to travel the world. And with all I've seen, there's nowhere like South Florida. There's nowhere like the Everglades. There's nowhere like our amazing native ecosystems. And it's worth conserving, and Collier County voters agree with that. We have agreed with that overwhelmingly repeatedly for well over two decades. And I'd also like to be very clear, we -- us voters here, we're not dumb. We know -- we voted for millage rate, and so we know that that means some years the tax levels -- the tax income is going to be higher than others. Sometimes it's going to be lower. But we voted for that rate overwhelmingly. And so I would just like to ask Commissioner Hall specifically, why do you believe that you have the right to disregard the will of Collier voters? Why do you think that it's appropriate to gut a program that has 77 percent support of Collier residents and that was voted in favor of for years before you even moved here? This is our heritage. This is our home. And it's important that we continue to protect it. Thank you all so much. Page 21 Page 245 of 6529 September 18, 2025 MR. MILLER: Your next speaker is Richard Schroeder. He'll be followed by Jay Kohlhagen. DR. SCHROEDER: Hi. My -- Richard Schroeder. I'm a retired physician. I'm glad this is kind of an ecological discussion because my beef is with the assessment I get from the Collier County Mosquito Control District. I object to the spraying of toxic chemicals like Dibrom and the pyrethroids, both commonly used mosquito adulticides, all over me without my consent. Dibrom or Naled is an organophosphate that's banned in Europe because of its concerns over toxicity. Will it kill mosquitoes? Sure, it will, just like it kills bees and numerous other small species ultimately necessary for human survival and our ecosystem. Naled is a known neurotoxin that inhibits acetylcholinesterase that's necessary for nerve-to-nerve communication. Animal studies have shown reduced brain size with Naled use, and the smallest human organism, which is the developing fetus, is particularly sensitive to Naled where studies in the U.S. have shown that exposed pregnant woman have a 60 percent greater chance of having a child with autism spectrum disorder. Our famous Environmental Protection Agency says that dietary exposure from eating food crops treated with Naled are below the level of concern for the U.S. population, but where have we heard this kind of song and dance from the EPA before in the face of evidence of fetal and childhood neurotoxicity? This reminds me an awful lot of our fluoride discussion. The other type of adulticide I mentioned, the synthetic pyrethroids, have been chemically engineered to have greater toxicity and longer breakdown times. These products use synergists, like piperonyl butoxide, a petroleum distillate, which increases its potency Page 22 Page 246 of 6529 September 18, 2025 and compromises the body's ability to detoxify the pesticide. These petroleum distillates are carcinogenic and linked to birth defects and other illnesses. The vast majority of sprayed chemicals go off into the environment where they bio-accumulate and cause intense eco destruction, ultimately actually hurting the attempt at controlling mosquitoes. So I object to having this stuff sprayed on me without my consent, and I certainly object to having to pay for the privilege. Thank you very much. COMMISSIONER LoCASTRO: Can I comment on this? MR. MILLER: Our next speaker -- COMMISSIONER LoCASTRO: Doc -- CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: -- I just want to make a comment. First, I think, you know, you come here often, and everybody up here really respects your résumé and the professional way that you always present yourself. The question I have for you is, everything you say might have merit. I'm not a mosquito expert, and I'm certainly not a physician. Have you gone to the Mosquito Control District staff meetings -- you know they meet just like this -- to present this information? DR. SCHROEDER: Yes, yes, absolutely, several times. COMMISSIONER LoCASTRO: And what was the feedback you got from them? I'm just curious. DR. SCHROEDER: They listen patiently -- COMMISSIONER LoCASTRO: Okay. DR. SCHROEDER: -- and they do nothing. And I've been -- and I've -- yes, I've been to the Mosquito Control District. I've talked to the executive director. I've talked to the scientific director. They've heard this all from me several times, Page 23 Page 247 of 6529 September 18, 2025 and many, many other people, by the way, and yet nothing -- nothing ever seems to get done in terms of the -- the chemical -- COMMISSIONER LoCASTRO: Do they disagree with you that the chemicals are unsafe? I only say this because I get emails from two or three people, and they've never gone to Mosquito Control. So I'm like, okay, thanks for the three-page email, but you have. So -- DR. SCHROEDER: Yes. COMMISSIONER LoCASTRO: -- it's another -- it's a separate district. DR. SCHROEDER: Yes. I just wanted to make sure that -- COMMISSIONER LoCASTRO: Okay. DR. SCHROEDER: -- the Board of Commissioners -- the County was aware of all this as well. Thank you. COMMISSIONER LoCASTRO: Thank you, Doctor. CHAIRMAN SAUNDERS: Yeah, thank you. MR. MILLER: Your next speaker is Jay Kohlhagen. He'll be followed by Daniel Margolis. Mr. Kohlhagen's been ceded three additional minutes from Michelle Pile. Michelle, can you indicate your presence? MS. MEO: She had to leave. She had an emergency. MR. MILLER: Jay, you'll have three minutes, sir. MR. KOHLHAGEN: Yeah. I'm not going to speak that long. Hey, Commissioners. Hello. Jay Kohlhagen, for the record. Today is actually my birthday, and the best gift you can give me and the Collier County taxpayers is not to raise the taxes. We've already been hit with an increase from the school board, the fire districts, and who knows about the Mosquito Control. Families and businesses are stretched thin. I'm asking you to hold the line on Conservation Collier's millage, you know, this year. Page 24 Page 248 of 6529 September 18, 2025 Let's show that Collier County can value conservation with also respecting taxpayers. Please keep Collier affordable and give us all the gift of fiscal responsibility. I'd like to end this with a quote from Thomas Jefferson. "We must not let our rulers load us up with perpetual debt." Thank you. MR. MILLER: Your next speaker is Daniel Margolis, and he'll be followed by Nicole Rolando. MR. MARGOLIS: Thank you very much. Hi. My name is Daniel Margolis. I am a teacher at Immokalee High School. And I do appreciate -- I reached out to all the commissioners, but in particular I want to thank Chris Hall and Rick LoCastro for responding and having a dialogue with me. I think it's a great thing, and I teach my students this, like, to be involved in government and, like -- I really particularly, both of you, appreciate the honesty and the openness that you have, and it really did make a difference. So today I'm going to talk a little bit and quote an email that I have a copy of here from one of our citizens, a senior citizen that, unfortunately, for health reasons, can't be here, but I think it does highlight very effectively how concerned we are. I mean, honestly, we're in Southwest Florida. We have many retirees, many veterans. And he wrote a letter. His name is Harve Strom, and he indicated a more, I would say, long-term goal about taxes and holding the line. And some -- and I think it's a great way to really help us with long-term solutions for not having increases in the future. Dear Commissioners -- and this is from Harve. Dear Commissioners, as a long-time resident and veteran -- and veterans who proudly served in World War II, Korea, and Vietnam, we are deeply committed to the well-being of Collier County. Many of our Page 25 Page 249 of 6529 September 18, 2025 senior citizens are living on fix incomes, and we are concerned that property tax increases will create serious financial hardships for year-round residents and families who have built their lives here. We respectfully propose an alternative approach implementing a new homebuyer's tax applied to those purchasing properties in Collier County whether at full-time or seasonal -- seasonal residents. With a substantial amount of new development, including numerous large-scale projects and high-rise buildings, this measure will provide a reasonable -- a reliable source of additional revenue without imposing future strain on established residents. Given the significant profit sellers often realize from rising property values in our area, this policy will help ensure that the costs of growth are shared more fairly. We believe this approach better balances the county's financial needs with the protection of its seniors and veteran populations, Respectfully, Harve. So I agree with this -- Harve very strongly. This is a way for our senior citizens, ourselves, to hold the line in the future. Obviously, at some point, the -- as they say, the -- you know, the bill's going to become due, and this will hopefully, you know, stop that from happening in the future, and I hope you would consider it as well. So thank you. CHAIRMAN SAUNDERS: Daniel, just a quick comment just -- because I think it's important for the public to -- that doesn't participate here on a regular basis to understand. We are limited by Florida Statutes in terms of what our taxing abilities are, what we can actually tax. There's no ability to simply say to a new homeowner, "You're going to have to pay X more dollars in taxes because of -- you're a new homeowner." Now, they do have to pay taxes based on their assessed values of the property that they're building or buying. But I do want to emphasize, we have, in Collier County, some Page 26 Page 250 of 6529 September 18, 2025 people think this is a great thing, some people may not like it. But we have, I believe, the highest impact fees probably in the state. So a new homeowner building a new home here pays their fair share for water, sewer, parks, law enforcement, roads. Every type of public service, there's a fee that is -- that reflects the cost of those services based on the new resident. And so we do what we can to charge new residents -- MR. MARGOLIS: Okay. CHAIRMAN SAUNDERS: -- a fair amount. That's similar to what you're saying -- MR. MARGOLIS: Yes. CHAIRMAN SAUNDERS: -- but perhaps not to the same extent. But that's similar. MR. MARGOLIS: Okay. No, no. That's great to know. CHAIRMAN SAUNDERS: And we even -- we're very much limited in even the level of our impact fees. MR. MARGOLIS: Okay. Okay. Can I counter that? MR. MILLER: No. MR. MARGOLIS: Okay. Thank you. MR. MILLER: Your next speaker is Nicole Rolando, and she'll be followed by Patricia Whalen. MS. ROLANDO: I am Nicole Rolando, and I thank you for all the work that you've performed for us, and especially Commissioner LoCastro. I agree with his position. And I would like to have everyone confirm that they will not change -- they will confirm the -- I'm sorry. They will not do any changes to the proposed budget as proposed on September 4th. My position was that I was very disappointed if you're considering reducing the millage rate from millage neutral. I'm also disappointed if you're thwarting the will of the electorate by reducing the millage for Conservation Collier, as it was approved by a Page 27 Page 251 of 6529 September 18, 2025 70 percent majority, and I hope that you will vote against that amendment. You will get a tax -- if you should vote against it -- vote -- you should get a tax credit for reducing property taxes in the last two years and not increasing them this year, but you will have to face the difficulty next year by ignoring the wishes of the established voting population. You must think about what happens this year and next year. I doubt that you can make a promise of not raising the millage for Conservation Collier back next year. You've already established that you only want to keep millage constant or reduce them. If you do increase, I suppose it will be hard or impossible to not reduce the General Fund millage rate if you want to keep the millage neutral for '27 versus '26. You've been warned about the impact of multiple years of rolled-back millage via the Marco Island example, as noted by Commissioner Saunders at the September 4th hearing. You must not consider this amendment. Thank you. MR. MILLER: Your next speaker is Patricia Whalen, and she'll be followed by Donna Aden. MS. WHALEN: Good evening. My name is Patricia Whalen, and I would just like to clarify that tonight there's not going to be any discussion of the potential closing of the Vanderbilt Beach public library; is that correct? CHAIRMAN SAUNDERS: Well, there may be some discussion concerning the library. It's part of our budget, and that's what we're here to deal with, so there's always that potential. There's nothing specific that's been brought up in reference to that. I believe right now everything is status quo with the -- MS. WHALEN: With the library? CHAIRMAN SAUNDERS: -- library. MS. WHALEN: Okay. Because I have a proposed speech. I Page 28 Page 252 of 6529 September 18, 2025 should save it for January when it may come up again? CHAIRMAN SAUNDERS: Well, this is our budget hearing. If you've got a speech on that, this is your opportunity. MS. WHALEN: Okay. Then hang on one second. CHAIRMAN SAUNDERS: And, Troy, why don't we start her three-minute clock over again. MR. MILLER: As you wish, sir. MS. WHALEN: Okay. My name is Patricia Whalen. I'm a year-round resident of Pelican Bay and a happy patron of the Vanderbilt Beach -- Vanderbilt Beach Library. As you probably already know, me and about 4,000 other -- others have signed petitions imploring you to keep the Vanderbilt Beach public library open. It's terribly disappointing if, in fact, tonight you are considering impacting the library system budget by closing the Vanderbilt Beach Library. It's previously been established that the library provides a vital service to people who have chosen Vanderbilt Beach Library as their library of choice. It's not only people who live near me in Pelican Bay that use the library but people from all over that -- all over the county that come and use that library. It's the -- it's the library that they can drive or safely walk to. It's the library that mobility-challenged folks can easily access. It's just a jewel among our libraries. But remember it's not just a library that we're talking about. It's also the place where you can -- obviously, it's a place where you can get a book, but it's a place where you can use a computer, use a printer, make copies, send a fax, read the Wall Street Journal or other print media. For relaxation, you can actually sit down and work on a jigsaw puzzle. For many, it's really more like a community drop-in center with fabulous librarians who are happy to assist you with everything you Page 29 Page 253 of 6529 September 18, 2025 need. For older patrons like me, it's a safe place to go. For young moms, it's a safe place to take their kids. For the folks in Naples Park, it's the only library that their kids can either walk or safely bike to. Even thinking about the Vanderbilt Beach Library I hope is totally premature because the Library Advisory Board, together with many of the dedicated patrons, are currently working to find alternate revenue streams to reduce the library's reliance on property taxes, but these efforts will need some time and the County's support to implement. If the Vanderbilt Beach Library is closed, it's my understanding that pursuant to the deed the library will revert to the Pelican Bay Foundation or, if they approve an alternative use, the County may do that. But the library will be gone forever. Finally, before you even consider closing that, you would have to -- I think you would have to have an advertised public hearing specifically advertised saying that you are going to close the library. And just remember that a library's not a luxury, but it's one the necessities of life. I use it all the time. Thank you. CHAIRMAN SAUNDERS: Thank you. MR. MILLER: Your next speaker is Donna Aden. She'll be followed by Kathi Meo. MS. ADEN: Hi. Good evening. My name is Donna Aden. Thank you, Commissioners, for all your hard work. I suppose things could be worse. We could all be discussing cutting costs to organizations, promoting DEI musicals, and transgender operas like the DOGE in the White House. I would like to begin with a quote by James Madison: "But what is government itself, but the greatest of all of reflections on human nature? If men were angels, no government would be Page 30 Page 254 of 6529 September 18, 2025 necessary." History shows governments designed by humans to govern humans are fallible. Madison understood inherent flaws of human beings and recognized the necessity of checks and balances to ensure order and justice. Now, while I thank and commend the people who had the foresight and good intentions to create the Conservation Collier committee, we should also remember the old saying: "The road to hell is paved with good intentions." As taxpayers, we have an obligation to ask the stewards of our hardworking money where it is going and how it is being used. With that in mind, I would like to highlight a few of the pending acquisitions on the Conservation Collier's website that, quite honestly, at first glance I found a bit questionable. You can find the first two examples on the Conservation Collier 2024/2025 Active Acquisition List. Lucarelli, five acres priced at 500,000 an acre, totaling 2.5 million. Berman Trust Parcel 1, five acres priced at 65,000 an acre. Berman Trust Parcel 2, 1.59 acres priced 88,000 an acre. So I ask, do these small parcels of land have gold or oil? What justifies spending this type of money, taxpayer money when the average cost of the other acres on the active acquisition list range from 5,000 to 25,000? One such example which seems reasonable is Williams Farm with 1,410 acres priced at 8,946 an acre. A few other questionable applicants, which thankfully did get denied, had small parcels less than an acre asking over 2 million an acre. How does anyone justify asking taxpayers to purchase an acre of their land for $2 million? I refer you back to James Madison's quote. "If men were angels, no government would be necessary." While I commend Conservation Collier for their preservation Page 31 Page 255 of 6529 September 18, 2025 efforts, I would encourage them to focus on its mission of acquiring and preserving vital and significant natural lands, forests, wetland communities located in Collier County for the benefit of present and future generations rather than small parcels of land that benefit only a few individuals. I would like to -- I would like to remind Conservation Collier that the citizens of this county entrusted you to use our money wisely. With that being said, I encourage the commissioners to spend more time looking at the money budgeted to Conservation Collier and how it is being spent. There definitely needs to be more oversight. I plan on attending their upcoming meetings and encourage other citizens to do the same. MR. MILLER: Our next speaker is Kathi Meo. She'll be followed by John Meo. MS. MEO: Good evening, Commissioners. Thank you for your voting in the past couple years to keep our taxes down, and I'm here to ask you to do it again. As you know, we were very vocal last year regarding this Conservation Collier situation. Conservation Collier has a lot of money in the bank, and with the higher interest rates that have been in the past several years, they definitely can use that interest money to cover all the expenses that they have. For many years, they hadn't bought a lot of property. I know that Commissioner LoCastro says, you know, it's cleaned up now. It's fixed up now and so forth, and they're buying better lands. But they have bought a lot of swamplands. It costs the taxpayers and the county a lot of money to maintain those swamplands that is not usable by the public, which was the original intent was to have trails, parks, exhibits, things for the people's benefit, not swampland that just costs all of the money in perpetuity to just sit there, and we have to clean out all the weeds. Page 32 Page 256 of 6529 September 18, 2025 So the original intent of this Conservation Collier referendum that was voted on by the voters -- and a lot of people, we have talked to them, who voted on that referendum, they had no idea what it really entailed. They thought it was all going to be all beautiful land. They didn't know it was going to be swampland, which so much of it is. So I'm asking you again, you can -- and it says you can -- up to -- you can spend or give up to .25 millage. It doesn't say you have to. It's not a given. And the people that come up and talk about, "Oh, don't take it away." No, nobody's taking it away. It says it can be up to .25. So I agree with Commissioner Hall with the .1. That will still give them 7 million plus 15 million in the maintenance fund. Millage rate neutral is still a tax increase. So it doesn't mean -- you know, people say -- think that millage rate neutral is not going to increase your taxes. No, it will increase your taxes. And I appreciate your return email, Commissioner LoCastro, but you're talking about tinkering with Conservation Collier, not supporting that. But tinkering, you know, it's, again, up to 2 -- .25 and up to 10 years. So I hope we do get to vote on that very soon so we don't have to deal with this situation every single year. Thank you very much. MR. MILLER: Your next speaker is John Meo. He'll be followed on Zoom by Marsha Oenick. MR. MEO: Good evening, Commissioners. This is nice coming here in the evening rather than in the morning. I'm not an expert on land development and that such, but my understanding, just a quick overview, is Collier County is -- and you guys can correct me if I'm wrong -- the largest county landmass in the state of Florida. And just from a quick update of what we use for development and what we don't, 75 percent of the land in Collier Page 33 Page 257 of 6529 September 18, 2025 County is considered non-developmental [sic] which is protected through preservation programs. For instance, the Rural Lands Stewardship Area of Eastern Collier County, approximately 75 percent of the 185,000 acres is protected in perpetuity. So my emphasis of coming up here is not to dispute the millage, not to dispute that. Is just to make maybe a 30,000-foot overview that my belief is that Collier County, with 75 percent of that county non-developmental, it's a pretty good county, and we've got quite a bit of our land already preserved that will not be developed. I understand the fear of some people that it will be overdeveloped in such a way that it will look like some other counties in the state, but given the fact that these programs are in place right now -- and they're in place for perpetuity, which means some other Board of Commissioners can't come up here and change that rule. If 75 percent of our Collier County is already preserved land -- I understand the voters voted. And sometimes the impression when people come to the microphone is that you guys are thwarting the will of the people, and I don't think that's presented as truth. People are -- always want to keep their towns and their communities beautiful, and I think the reality is they voted for that thinking that's what they were going to do. But now that we understand that already 75 percent of our Collier County is already preserved land, not taking away the total Conservation Collier funding, but at this point reducing it somewhat, based on what some other members -- some other speakers said, you know, that we are at a point where we're really overburdened with taxation. So think about that, all of you. If 75 percent of the largest county in Collier County is already non-developmental, meaning you can't build on it, it's preserved, I don't even understand why this is an issue here today. But you guys can hash this out. Me, I'm always for Page 34 Page 258 of 6529 September 18, 2025 reducing taxes, and I will give kudos to all gentlemen up here because you've done an extraordinary job in keeping taxes down. I wish some of the other boards in this town would follow your lead. But thank you very much. I appreciate all you do, and we will see you soon. CHAIRMAN SAUNDERS: John, I want to make just one quick comment. And I've brought this information to the Board on a couple of different occasions. The State of Florida produces a report. I've got a copy on my desk. MR. MEO: Yes, sir. CHAIRMAN SAUNDERS: It's buried on my desk somewhere. COMMISSIONER McDANIEL: You don't have anything on your desk. CHAIRMAN SAUNDERS: Actually, I think Dade County might be slightly bigger than Collier, but not by much. MR. MEO: Okay. CHAIRMAN SAUNDERS: But there's always that debate. But this book outlines in every county how much land is in public ownership, whether it be the state, the federal, local governments. Actually, Dade County has a higher percentage of land in public ownership than Collier. Dade was about 70 percent, and Collier was in the upper, like, 68 percent. So you're close, but not quite as per this book. The reason I mention that is Dade County has more land in preserve. The county's about the same size as Collier County, and they have, what, three and a half million, four million people there. So when you start looking at all of those statistics, I think it's important to know that we're not really overburdened when you look at the amount of land that's available for development. We don't ever want to become a Dade County, but we have developable land that could result in that if we let it happen. And so I think the statistics Page 35 Page 259 of 6529 September 18, 2025 are very important. MR. MEO: Well, if I'm allowed to just respond to your response, is the land that we're buying -- because my understanding is the land you're acquiring from these various owners is not buildable or usable land. Am I incorrect with that? COMMISSIONER LoCASTRO: Yes, you're incorrect. CHAIRMAN SAUNDERS: I believe that you are incorrect, and I'll give you a couple of examples, and perhaps our staff can help out a little bit. But we're purchasing a lot of lots and all in Golden Gate Estates. Now, there may be swampland, as has been described, but the owners can build up to one unit per five acres, I believe. There's some areas where it's one unit per two and a half acres. The most rapidly growing area in Collier County is Golden Gate Estates where all that swampland is. So, yeah, it's mostly developable. COMMISSIONER KOWAL: Can I just clarify? I think he means once you purchase it in Collier -- in Conservation Collier, it is no longer buildable. CHAIRMAN SAUNDERS: That's correct. COMMISSIONER KOWAL: That's what -- I think that's what he's saying. So you're adding to the 70 percent or whatever every time we buy something. CHAIRMAN SAUNDERS: Oh, yeah. Absolutely. COMMISSIONER KOWAL: That's what I think he meant, not that the people could build it before a purchase. Everybody has the right to build something if they want to put the money into it. MR. MEO: Well, listen, I appreciate it. Thank you so much. MR. MILLER: All right. Your next speaker on Zoom is Marsha Oenick, and she'll be followed by Molly DuVall. Marsha, you're being prompted to unmute yourself, if you'll do so at this time. There you are, Marsha. You have three minutes. MS. OENICK: Okay, great. My name is Marsha Oenick. I live Page 36 Page 260 of 6529 September 18, 2025 in Naples Park. I extend my thanks to all of the county departments for developing a budget consistent with the approved budget policy, as this policy put a squeeze on the departments to enable a salary wage increase for employees, which is great, while limiting their overall budgets to a 3 percent increase and a 5 percent increase for their capital budgets, but they did it, albeit with a number of projects that are unfunded. I extend my thanks to you, Commissioner, for your -- Commissioners, for your careful examination of the county's financial situation, and I am very glad to understand you are accepting the proposed budget which keeps millage rates neutral. I request that any cost savings initiatives identified by ResourceX, as they continue their work, be utilized to cover the currently unfunded projects that can't be included in the 2026 budget, even with keeping millage rates neutral. Thank you very much for all your work, and thank you for letting me speak. MR. MILLER: Your next speaker on Zoom is Molly DuVall, and she'll be followed by Susan Nelson. Molly, you have unmuted yourself. You have three minutes. MS. DuVALL: Thank you. Good evening, Commissioners. My name is Molly DuVall. I was a resident of Collier County for 11 years. I'm here to ask you to honor the will of the voters and continue funding Conservation Collier at the full voter-approved millage rate. This program is not an end-of-budget-year source of excess funds for borrow. It exists because of a voter directive for a strictly defined use. In 2020, over 76 percent of Collier County's voters chose to tax themselves at a .25 millage to protect the wetlands, wildlife corridors, Page 37 Page 261 of 6529 September 18, 2025 and unique wildlands that define this county. That overwhelming majority were clear: Prioritize conservation and give this program the tools it needs to do its job. Commissioners, stakeholders, and residents worked together to create a program where management costs stay below the annual interest earned on a program account, allowing core work to be covered without touching the principal. Acquisition funds were meant to accrue so that when large high-priority parcels came onto the market, the County could act quickly to protect them through a rigorous criteria-based screening process. That vision is now at risk. Development is advancing faster than ever at the edges of our preserves. Caracara Prairie Preserve now stands shoulder to shoulder with the Kingston Development, and the Nancy Payton Preserve is holding the line for panther denning, science, and urban wildlife corridors. To cut funding now is to abandon current and future successes, to watch irreplaceable habitat disappear while the County turns its back. Collier is already behind. Over 25 Florida counties have programs exactly like Conservation Collier overseen by commissions. Manatee County, which passed its referendum the very same year as Collier in 2020 has already put nearly five thousand acres into permanent protection since then, more than Conservation Collier has been approved by commissioners to acquire in its entire history. The difference isn't voter support. The difference is commission votes and moving the acquisition process forward to protect critical lands. And let's be honest about management budget. This program has been run on a shoestring. A handful of expert staff operate out of an unventilated shipping container with four trucks, two trailers, two Page 38 Page 262 of 6529 September 18, 2025 zero-turn mowers, yet are responsible for thousands of acres, prescribed fire, exotic species removal, wildlife surveys, education, hunting access, and volunteer coordination on behalf of the county. Meanwhile, this board has diverted funds from the program account with promises to repay; promises not yet fulfilled. Even fully funded, Conservation Collier has been chronically under resourced. Cutting further now would be devastating. Commissioners who vote to slash Conservation Collier millage are signaling that wetlands protecting us from hurricanes and flooding are not a priority. That expanded hunting access for and youth families is not a priority. The preserves which provide health, recreation, and attract nearly a million visitors annually are not a priority. That the very wildlands that make Collier County unique and livable are expendable. I've never met one -- I've never once met a person standing on a Conservation Collier preserve who said, "I regret that we acted to save this land years ago." What I hear time and time again is the opposite. "I wish we could have saved that land when we had a chance." You only get one chance to protect land before it's bulldozed. And once it's gone, it's gone forever. Thank you. MR. MILLER: Your next and final speaker is Susan Nelson. Susan, if you'll unmute yourself. There you are. Susan, you have three minutes. MS. NELSON: Hello, Commissioners. Your constituents support Conservation Collier by a wide margin. Thank you for respecting the wishes of your constituents by supporting Conservation Collier at its current level. What may look to one person to be a swampy area, maybe not very beautiful, is a thriving ecosystem for animals, and it supports a wide variety of wildlife. So again, thank you for leaving Conservation Collier at its Page 39 Page 263 of 6529 September 18, 2025 current level. Good night. MR. MILLER: And that concludes our public speakers, sir. CHAIRMAN SAUNDERS: All right. We'll close the public hearing. Ms. Patterson. MS. PATTERSON: Mr. Johnson. CHAIRMAN SAUNDERS: Mr. Johnson. MR. JOHNSON: Thank you, Mr. Chairman. At this point I would suggest we open up the floor to the commissioners' discussion of the millage rates and budget. Before we do that, I just want to go through this slide real quick. This slide notes the voting requirements for the different taxing districts. You'll notice that the General Fund, Water Pollution, and Conservation Collier, which are the countywide funds, require a majority vote. On the other side there, there are a few districts that would require a supermajority vote: Victoria Park, Lely Golf Estates, Bayshore, Avalon Beautification, Haldeman Creek, Vanderbilt Waterways, 42nd Avenue Southeast, and Pelican Bay. And then there is one district that requires unanimous vote: Private Road Emergency Repair MSTU. And with that, Mr. Chairman, I'll turn it over to you. CHAIRMAN SAUNDERS: All right. Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah, just -- I just want to make one point. It was represented earlier on -- somebody made a comment. With these independent MSTUs, even though most of them are in the unincorporated area, they're not paid by everybody within the unincorporated area. When you read this -- we read it all the time. We look at it all the time -- it looks like the tax rates, total of 3.765 -- or .6775, and Page 40 Page 264 of 6529 September 18, 2025 that's not the case. If you don't live in the Victoria Park Drainage District, you're not -- you're not paying into that MSTU, only the folks in that geographic bound. Am I correct there? MR. JOHNSON: You are correct. Each one has its own geographic boundary. COMMISSIONER McDANIEL: Did you write down that he said I was correct? Okay. I just wanted to make that very clear, because you brought up the Golden Gate Beautification MSTU, and only the folks in Golden Gate City actually pay into that MSTU, and that's how these things work. It looks -- it looks -- the way this looks, it looks like everybody pays into it, but it's not, in fact, the case. The top three, General Fund, Water Pollution, and Conservation Collier are what everybody pays, and then the individual MSTUs are proportioned by geographic bounds. CHAIRMAN SAUNDERS: Commissioner Kowal. COMMISSIONER KOWAL: Thank you, Chairman. I made this statement at the last meeting, and I know this was the meeting to actually bring it up. You know, we always talk about millage neutral, and we talk about rolled-back. And I had the opportunity to meet with Chris a few times and talk about, you know, all -- the budget policy levels that, you know, our staff had brought to us at the beginning of the year, what -- which I think ended up being around 5 percent overall and what they feel would be a good mark to operate. So we did some number crunching and did some different millage rates that meet us at that middle mark -- or meet us at that mark where we feel the budget moving forward, you know, by policy rate, would put us. And it lowers the millage rate from millage neutral a little bit, but it doesn't take us all the way to rolled-back. And even at that rate, the Conservation Collier would make about Page 41 Page 265 of 6529 September 18, 2025 $2 million more than they did last year. You've got to remember, we've -- at this time -- even at this rate -- just to put this in perspective, since me and Commissioner Hall have been on the Board, prior to that, pretty much Collier stayed at millage neutral for 14 years. We got to the point where the Board, the last couple years, and we all decided it was time to start giving a break to the citizens because of what was going on in nature of the rest of the world and, you know, the cost of living, everything else going on, and we did the rolled-back two years in a row. And just by going the millage -- budget policy level at the 5 percent at these millage rates, over those three years, we would have saved the taxpayers $272 million. That's to put it in perspective. So that year prior to us being on the Board and us getting together and doing what we did, this year, if we pass it at that rate, I'm proposing, it would save the taxpayers over these past three years -- $272 million over these past three -- that's basically our public safety budget, like, not even paying it. So that would -- how much it saved already. So when people tell me going back to rolled-back is raising taxes, to me, you're still behind the eight ball. It's only $16 million difference from what I'm proposing. So in reality, instead of saving you 272 million -- or it would be around 284 million, or whatever, -87 million. But you're looking at 272 million savings right now in taxes over the past three years. So that's a pretty big number. Now, if Chris wants to kind of give the Reader's Digest of what I'm proposing. MR. JOHNSON: So, Commissioner, I believe -- bear with me one second here. I believe this is what you're talking about here. This slide shows you the policy variances. So in yellow there, you Page 42 Page 266 of 6529 September 18, 2025 have the budget policy dollars. That's based on that 5 percent over last year's rate which was the rolled-back rate. You have the current year rolled-back dollars there that are in the green. That would have been 507.7 million, the delta there of 11 million, and then you have the millage neutral where the tentative budget currently sits at the 535.2 million. So that would be a reduction from the current budget of 16 point -- we'll just round it up to $5 million -- 16.5 million. And I believe, Commissioner, you were talking about each individual rate going down? COMMISSIONER KOWAL: Yeah, just the countywide -- MR. JOHNSON: Okay. So if you -- COMMISSIONER KOWAL: -- being at a -- MR. JOHNSON: To do that, this is -- this is what that would look like, Commissioners. You see here in the -- in the blue column, that would be, then, the new proposed millage rate for each of the taxing authorities. So the General Fund would go down to 2.9180. Water Pollution to 0.0238. Conservation Collier to 0.2031. Total reduction of all of them is .1. And here's the numbers associated with that. In the blue would be the tax dollars associated with that. COMMISSIONER KOWAL: So it's only a difference of 11 million from rolled-back? MR. JOHNSON: From rolled-back, correct. COMMISSIONER KOWAL: Yeah. COMMISSIONER HALL: It's more than rolled-back? COMMISSIONER McDANIEL: No. MR. JOHNSON: It's collecting more than rolled-back, correct. It's over -- it's over rolled-back. COMMISSIONER HALL: And 16 million less millage -- less than the millage-neutral rate? MR. JOHNSON: Correct. When you look here, you'll see the Page 43 Page 267 of 6529 September 18, 2025 16.5. COMMISSIONER KOWAL: And I know that a lot of people, you know, they're coming forth with, you know, gas prices, electric bills going up, and all these things. And the reality is that the County's still has to run -- they have to buy gas for, you know, our vehicles and diesel fuel, and we pay electric bills just like anybody else. So in reality, our expenses go up, too. And if you go millage rolled-back to that exact number, we're almost to a def- -- touching a deficit when you start thinking about what the costs for us just to operate are going to be. And that's why I feel -- you know, I was voted [sic] to look at the number, and if I have the ability to lower the number, that's what I'm going to try to do, and that's what I tried to do by doing this. But I throw it to the wall, see if it sticks. I mean, my fellow colleagues up here, if they believe in it, they think it's possible, then, you know, it's another option. And I'm sure the other commissioners will have their own opinion on what their options are. CHAIRMAN SAUNDERS: Commissioner Hall. COMMISSIONER HALL: Thank you, Chairman. So I said in the September 4th meeting that I wanted to fund our full budget just like it sits with all the capital reserves, all the needs of the county, all the needs of the people, and I wanted to do it without raising taxes. And two years ago we started our data process with ResourceX. And like I said then, they've done a good job of allowing us to focus on other sources of income, partnerships on the income side of our budget. They're just now beginning Phase 2, which is the -- what they're going to call viable options for us to pick and choose from for cost savings. And I agree with Commissioner McDaniel, we're not going to cut our way -- we're not going to cut our way into a balanced budget, Page 44 Page 268 of 6529 September 18, 2025 but that can help. We're going to take a look at our government and see where our redundancies are. See where our inefficiencies are. See where we can actually make cuts and do things a little smarter and not just business as normal. So with that in mind, the only way that I knew that we could do that to fully fund our budget without raising taxes was to take a look at some -- to be creative with some of the accounts. I'm not -- I'm not the Conservation Collier boogeyman. I don't care what the paper says. I don't care what -- you know, what the news says. There's -- I've got some fiscal common sense, and I'm going to explain that in very good detail tonight. If your value on your assessment, on your property, if the value increased, then us charging you the same rate that we did last year is going to cost you more money. That's going to be a tax increase. That's -- millage neutral will be a tax increase if your value went up. If your value didn't go up, you're going to pay the same as you did last year. If your value went down, you're going to pay less. But I don't know of anybody here that their value went down. So I -- just keep that in mind. And so we have three choices to fund our budget as proposed. We have three choices. We can fund the budget with creativity, we can fund the budget with cuts in spending, or we can do a combination with spending -- making spending cuts, being creative, or allowing other sources of income that we're not maybe aware of yet to come into our budget to balance that. I don't want this to turn into a Conservation Collier meeting, and every single speaker, you know, I understand your -- I understand your passion. I'm the same way. Who doesn't want a county to remain beautiful and conserve what's good about it? Who does not want that? I certainly want that. I certainly support that. And it's been said -- you know, you asked me, why do I feel like I can come in and, you know -- I've been here 10 years. I'm here Page 45 Page 269 of 6529 September 18, 2025 because it's beautiful. I'm in office because I cared and I wanted to make a difference. I'm fiscal responsive -- responsible, and what makes me think that I can do that is because I am responsible with the taxpayers' money. I'm not cutting the program. I'm not killing the program. If we go a year and don't fund it fully like what you're saying, the developers are not going to come in and take over in a year. They're not doing that. I'm going to take a point in time and be creative with some money that's available to balance our budget and not cost the taxpayers, who are the vital many, not cost the vital many money to satisfy the trivial few that love their program. The program was voted on. It is popular. And we want to do everything we can to uphold that. I fully support the will of the people. I fully support the program. I love it, but at the same time, I want to share with you why I've taken the liberty to make this proposal. The original intent of Conservation Collier was to buy and preserve land in perpetuity for conservation, to keep it undeveloped, to keep the developers out of there. It was to provide parks. It was to provide trails for the people in valid public use. And in the first 10 years of the program, we had the properties that came forth. It was the low-hanging fruit. It was the Pepper Ranches. It was Caracaras. It was some of the bigger properties that we purchased in -- that came available, and we purchased with those funds. In the second five years, or in the second referendum in 2020 when we voted it in, we are still subject to willing sellers. So here's the numbers. In the first 10 years, Conservation Collier spent $103 million for 4,000 -- for basically 4,100 acres. Since the second referendum in 2020, we've purchased 2,310 acres. 1,410 acres that was closed on today with Williams Ranch spending a total of 33 and a half million in acquisitions. Page 46 Page 270 of 6529 September 18, 2025 So that's basically 136, almost 137 million since the beginning of time with Conservation Collier for a total of 6,400 acres, which, if you consider the amount of Conservation Collier land that Mr. Meo mentioned, there's 888,505 acres of acres in conservation by the state and the federal government. We've purchased 6,404 of them in 15 years, basically, which is .7, not even 1 percent, adding to the conservation of what's available in Collier County. So it's not that -- it's not that I'm trying to kill a program. It's that that money that's collected in that account -- it's not a funding issue, people. It's the ability to spend that funding. And you're -- and it's been said that we've made the process burdensome to purchase properties. No, we had to stop the program and reconsider the way we were doing things. We were buying these little wetland lots out in the Estates, and the purchases of Conservation Collier were actually creating the comps for the next guy. We didn't -- we weren't creating conservation land. We were basically being a great exit strategy for people that couldn't use their land. And whether we purchase those lots or whether we don't purchase those lots, they're still in conservation. The animals are still out there using it every single day whether the title belongs to Conservation Collier or the title belongs to the landholder. We're not stopping anything. So what my proposal was was to take a point in time, which was 2026, and to take -- we were $25 million short in meeting our budget goals. The budget increase was $38 million. Of that, we had 13 million in new taxable revenue from new properties. So that leaves us $25 million short. If we go to millage neutral and fund everything, just like we could, Conservation Collier would have $121 million in their account; 62 million of that will be in the maintenance fund. And Page 47 Page 271 of 6529 September 18, 2025 right now we're living great on the interest in the maintenance fund. We're not dipping into the maintenance capital on operational maintenance with the exception of if we have to build a parking lot or a walkway or something like that. We'll use the capital funds. But that's not very much money. So the maintenance fund is happy. It's creating interest, and we're living on it, and that's good. Out of the 121 million that's in Conservation Collier, I just wanted to use 25 million of it this year to keep from raising the taxes on the people. Let Conservation Collier have a smaller millage rate that would still put seven more million this year with that millage in their account. And I promised you the last time, I only wanted to do this to allow our process to works, to allow ResourceX with the Phase 2 to come in. I'm not bent on this. Commissioner Kowal has a pretty good idea. But I just promised that I wouldn't raise the taxes on the people. And I did say I'm smart enough to know we can't go roll back forever and ever and ever. We're going to have to finish our process with our budget, get the bones where we want them, and then we can operate that way year after year after year. I would be happy to go .25. And that's the only reason why I brought this up. Almost half of the property that we've purchased -- a little over half, 57 percent of the property that Conservation Collier has purchased, only 57 percent has public value. The rest of it is just there. Troy, can you show that -- can you pop that map up that shows -- CHAIRMAN SAUNDERS: While he's getting that, someone has their phone -- it's not on vibrate, and I keep hearing the ding from messages coming in. So if you could silence your phone. COMMISSIONER McDANIEL: That's the ding in your ear. CHAIRMAN SAUNDERS: It's a computer? Okay. It's the Page 48 Page 272 of 6529 September 18, 2025 same thing that you get on -- COMMISSIONER HALL: Did anybody else hear that? COMMISSIONER McDANIEL: That's your natural ding. COMMISSIONER KOWAL: I heard it, but it sounded like a computer. COMMISSIONER McDANIEL: I didn't hear a ding. CHAIRMAN SAUNDERS: Okay. If you can silence the computers, then -- COMMISSIONER KOWAL: Silence us. COMMISSIONER HALL: I wanted you to see this map, because in the green is all of the areas that state and feds have. It's 68 percent of our county is in preservation. And if you can blow that up a little bit, Troy. There's some new acquisitions. Everybody can see the Williams Ranch up there in the dark purple. That happened today. That's a great purchase. COMMISSIONER McDANIEL: Amen. COMMISSIONER HALL: Really good -- really good purchase for Conservation Collier, 1,410 acres at 11.9 million, good buy. I'm proud of that one. There's another one right there, Symphony, right here in the middle of the screen. That's a new acquisition. There's another one, a smaller one, Hendricks, is right there on the highway. Those are brand-new acquisitions. But if you take a look at the red, you can see Pepper Ranch at the top, large acquisition. Good property in the beginning. But the rest of them are piecemealed around -- there's no rhyme to reason. And if you can blow up the North Meade or blow up the Gore properties, you can see where we're talking about. We're trying to get the -- there's some in Panther Walk right there. We're trying to get the infill, but we're -- if we could just eminent domain the whole thing and go buy it and keep it in conservation, we'd do it, but we can't. We're subject to willing buyers. We're subject to the Page 49 Page 273 of 6529 September 18, 2025 people who want to sell their property to the program. So nobody's stopping the program. Nobody's trying to slow it down. We're just trying to operate smarter. But I wanted you to see what the people are talking about. If you could come on down a little bit farther, Troy, and show the -- no. Up -- yeah, go up. Right there. The North Belle Meade property and the Gore property, we're doing our best to try to infill these things, but even if we're not infilling them, the property that we don't own still has the very same value as the property that we own. The animals, the water, everything's flowing right through there just like it's supposed to be. These properties are difficult. Everybody can build, but the properties are difficult to build on and require a lot of mitigation. That's why they're not -- that's why they're not being targeted for development. So I want to -- I'm going to sum this up. Anything that the news is saying, that I'm trying to kill the program, that we owe the taxpayers to get to .25 mills, that if we borrow money, if we don't -- we're not borrowing money. We used 29 million two years ago of Conservation Collier's money, and Conservation Collier has never missed a lick. Hasn't even missed it. It didn't even -- you know, one caller whined about us not paying it back. I never promised to pay it back. Not one time did I even hint that. So we have these grids that ResourceX shows us, and they're broken up into quadrants, and there's one called "high cost, low impact." And Conservation Collier, if it was just a government program, would fall into that. It's very high cost, 137 million. We've only purchased 6,400 of it; 6,400, which is less than 1 percent of the total conservation area in the county. But it's not a county function. It's what the voters voted for. But I think if the voters knew the frustrations that we feel with the ability Page 50 Page 274 of 6529 September 18, 2025 to spend that money, I think they would understand why I'm just taking a point in time for 2026, wanting to take 25 million of that account, balance our budget, let our process roll out, let us get to the efficiency that we need without costing the taxpayers the extra money. So what's more important? You know, first, before I say that, there's been some comments to me about, "Well, I feel like if we do that this year, then we're never going to get Conservation Collier funded again." I've gotten feedback from several conservation people that that's been said. Commissioner Saunders was concerned about it in the last meeting. I don't want to bother this account. I just want to take point and time and do that this year, get our budget balanced. Next year maybe we can be a little bit smarter with our budget policy without just -- you know, we've funded our budget every year. We've never really gone to staff and said, "Make the cuts." We've funded all the needs every year, and we've done it the last two years with the roll-back. I think we can do the same thing this year without being a burden on the taxpayers. So what's more important? Support for a program that's a great program that is subject to willing buyers and is -- and is subject to the market that's not responding as fast as what we would like or burdening the people who have been hit with inflation, school board taxes? I mean, I think it was Jay that said it, fire districts, and all kinds of other cost increases. I know that we were -- I know that the Conservation Collier was voted on by the people, but so were we. Every one of us up here was voted on [sic] the people to manage and to steward well the monies that come in here for public use, and that is the only reason why I'm making that proposal. It's not to kill a program. It's not to be a turd. It's not to do anything other than have the -- have the will of the Page 51 Page 275 of 6529 September 18, 2025 people and what's best for the majority of the people. We still have all the conservation we have. All of the properties that are not for sale are still operating the same way with the panthers in them, the water flow, everything. The only -- the only change would be for 2026. Now, I've committed to you not to bother it because I think we can get our processes done in that time, and I'll be pushing to get those cuts and processes done. So thank you for listening to me. CHAIRMAN SAUNDERS: Commissioner Hall, let me ask you a quick question so I can understand what you're -- COMMISSIONER HALL: Sure. CHAIRMAN SAUNDERS: -- proposing at this point. I think I understand what -- I do have the same -- sort of the same question for Commissioner Kowal. You had talked about reducing the millage rate for Conservation Collier to .109, or whatever the number was. COMMISSIONER HALL: I think it's lower than that. I think it turns out be .0453 or something like that. MR. JOHNSON: And if I may, Commissioner Hall, I just want to clarify, because you were -- you were talking -- I pulled up this. This is the current tentative budget tax levy. You were speaking the 25 million. Did you -- is just the General Fund offset, or are you talking about all the countywide offset? COMMISSIONER HALL: I was just speaking about -- there's a figure down there, $25.4 million, something like that. I was just rounding. General. MR. JOHNSON: Because that's just -- that's the General Fund. COMMISSIONER HALL: Yes, sir. MR. JOHNSON: Okay. So that -- if you'll bear with me, I've got to flip through some slides. That would reduce the millage to 0.0553. CHAIRMAN SAUNDERS: Okay. Whatever the millage rate Page 52 Page 276 of 6529 September 18, 2025 would be, just a question to make sure I understand what his proposal is and what Commissioner Kowal's proposal is. That the -- you would go to millage -- rolled-back millage rate, but to accomplish that you would take that out of Conservation Collier's millage rate? COMMISSIONER HALL: Supplement that for the year. CHAIRMAN SAUNDERS: Okay. So then if we roll the clock forward, and we're into the next budget cycle, the only way you could restore Conservation Collier would be to raise the overall millage rate for the county. COMMISSIONER HALL: That's -- CHAIRMAN SAUNDERS: We generally try not to raise millage rates. That's -- COMMISSIONER HALL: Well, it's -- or to put it back if this year's millage neutral, to put it back to where it was to .2086. I'm willing to do that. I mean, that's -- it's the will of the people to keep that program rolling. CHAIRMAN SAUNDERS: So we would go back to the current millage rate at that point in time. COMMISSIONER HALL: That would be fine with me. CHAIRMAN SAUNDERS: As a potential. All right. And, Commissioner Kowal, your suggestion is to go back to the guidance -- the 5 percent guidance, no specific reduction in Conservation Collier. COMMISSIONER KOWAL: Any one. CHAIRMAN SAUNDERS: It would be whatever that number would be? COMMISSIONER KOWAL: Yes. CHAIRMAN SAUNDERS: So it would be something probably less than .2 mills at that point, but it would be very close to that. COMMISSIONER KOWAL: Yeah. Right now it's .2096. It would go back to .2031. Page 53 Page 277 of 6529 September 18, 2025 CHAIRMAN SAUNDERS: Yeah. Okay. COMMISSIONER KOWAL: And it's still going to make almost $2 million more even at that rate than it did last year. CHAIRMAN SAUNDERS: I think one of the comments I'd like to make and then listen to the other commissioners as well. I have supported -- and to support today the going back -- or staying at millage neutral. And I realize that that's a -- for our residents, that's up to a 3 percent increase in their Collier County tax bill. It won't be a 3 percent for everybody, but it will be no more than 3 percent. And the reason is that we have -- we've been trying to catch up with some tremendous needs that this county has. Our backlog in our facilities maintenance, Ms. Patterson, what is that -- kind of that number, ballpark number for just where we are in terms of a backlog in maintaining all of our buildings, all the infrastructure that we depend on? Just a ballpark. MS. PATTERSON: We -- it's hundreds of millions of dollars, and we're attempting to get our arms around five -- CHAIRMAN SAUNDERS: Hundreds of millions is not very descriptive. Is it 200 million, 300 million? Just, again, ballpark, but -- COMMISSIONER HALL: More than one. MS. PATTERSON: Unfortunately, I can't even give you a better ballpark. We have over five million square feet of buildings that are aging. This building alone is almost 50 years old and is at the end of its useful life. So if you think about this building and replacing this building -- something similar would be the forensics building or David Lawrence. And you know each of those buildings alone are $75 million buildings. So if you look at it in that magnitude -- and I'm not saying they all need to be replaced, but we're talking about air-conditioning systems, roofs. And so the Board has charged us with doing not only Page 54 Page 278 of 6529 September 18, 2025 this space utilization study but also the space conditions. And when we -- when we begin that process, then we're going to be able to come to you with better answers. CHAIRMAN SAUNDERS: Okay. So we'll just leave it at hundreds of millions of dollars in that particular area. Stormwater management? MS. PATTERSON: Three hundred million. CHAIRMAN SAUNDERS: I'm sorry, 300 million? MS. PATTERSON: Three hundred million. CHAIRMAN SAUNDERS: I know we're looking at the potential for some sort of a utility, a stormwater utility. But again, just looking at the shortfalls that we have. We're getting ready to buy a new radio system for all of our law enforcement and for everyone. That's another 60 million, $80 million. MS. PATTERSON: Yeah. There's a range of costs on that from 30 to 80 million depending on the kind of bells and whistles and the system. CHAIRMAN SAUNDERS: Okay. If we go to the 5 percent number as guidance, where would that leave us with reserves? Because right now I know our reserves -- if we are at millage neutral, our reserves will be somewhere around 22, $23 million. If we go to rolled-back, that number drops to 6 or 7 million? MR. JOHNSON: Correct. It will be around 7 million. CHAIRMAN SAUNDERS: All right. Which is not a number that we should be at for reserves. But at 5 percent, where would be? MS. PATTERSON: Twelve million. Right, Chris? MR. JOHNSON: Correct. CHAIRMAN SAUNDERS: Okay. And, of course, we can also say, "Well, there's money in the bank for Conservation Collier, and we can always use that. If we have an emergency, then we can take Page 55 Page 279 of 6529 September 18, 2025 our reserves out of that." But again, that's cutting into Conservation Collier. MS. PATTERSON: If we had an emergency like Hurricane Irma, we would take every bit of the money out of Conservation Collier and still need all of the reserves we have and probably have to go into capital projects. CHAIRMAN SAUNDERS: And so I support staying at millage-neutral because if we continue to cut our millage rate, we're going to wind up -- and I said this at the last budget hearing -- we're going to wind up in the same place that the City of Marco Island's in. They were looking for a 30 percent millage-rate increase. They've reduced that to, what, about a 22 percent millage-rate increase for this fiscal year. I don't know what their ultimate decision was. MR. JOHNSON: Last I heard, now they're looking at millage neutral. CHAIRMAN SAUNDERS: Okay. I don't know how they're doing that, how they go from -- MR. JOHNSON: I can't answer that either. CHAIRMAN SAUNDERS: -- 30 percent millage increase to now they're going to do millage neutral. But they've created a problem for themselves, and we're doing the same thing. And I'm very sympathetic with the fact that our taxpayers are being overburdened. Our school district has -- I don't know what their increases have been over the years. They've been lofty. But at the same time, we have an organization and a government that we have to fund and we have to run. And so I believe that sticking with millage neutral is the way we should go at this point. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Thank you, Mr. Chair. These are some interesting propositions, Commissioner Kowal Page 56 Page 280 of 6529 September 18, 2025 and Commissioner Hall. I made a comment at the September 4th hearing, and you brought it up again today. You know, we've all been in business ourselves, and at the end of the day, you know, you can't cut your way to prosperity. My suggestion this year is to stay at rate neutral, to take the spread between rolled-back and rate neutral and move it into reserves, into this new account, the 301 account, our Capital Asset, Replacement, and Maintenance Fund. That fences off that money. It doesn't go to become discretionary expenses. It's put over there. Staff has to come to the Board of County Commissioners with specific projects which we could dictate measurables and milestones and have accountability for the utilization of those funds. When I came into office in 2016/2017, there wasn't even a 301 account ever. Collier County -- we are sitting on in excess of $2 billion worth of assets. I just learned this year, though it was shared with me, that those 2 billion-plus worth of assets were being entered into the system to do an actuarial account to show the useful life and show the ongoing maintenance and show the needs of what was, in fact, going on. That hasn't actually been being done. When I came into office, all of us dutiful taxpayers paying our taxes, there was a billion dollars, with a b, billion dollars of deficit capital projects on the front page of our budget that hadn't been tended to. Now we, much to my chagrin, enacted a sales tax, increased the sales tax, and through the efforts of those sales tax collections, laid off $590 million, a good portion of it. Some of those things were spent on things that weren't attributable specifically to capital assets and ongoing maintenance. There's still in excess of 300 million in latent maintenance that we have out there with our capital assets. That was a known number that was shared with me quite some time ago. Page 57 Page 281 of 6529 September 18, 2025 CHAIRMAN SAUNDERS: What was that number? COMMISSIONER McDANIEL: In excess of 300 million. It was 360 million, and I would venture a guess we're somewhere in latent maintenance that we, in fact, have out there. There is a proposition of a stormwater utility fee that's coming forward, and if you'll recall, I was quoted in the Naples Daily News when they were still printing it, and that was the first time I'd ever seen the word "tax" spelled f-e-e. When this new utility comes forward, there will be an offsetting reduction in ad valorem to be able to maintain the -- or the expenses associated with it but fenced off revenue that are specifically attributable to stormwater. We have in excess of 300 million in stormwater, both capital and maintenance -- latent maintenance that we're shy on. My proposition is that we do -- this year we stay rate neutral. Commissioner Hall, we step on ResourceX. One of the comments that you made -- and I want to give accolades to our staff, because when -- you know, when ResourceX came out with their first report, they represented that was some -- they could effectuate somewhere between 86- and $150 million a year in savings, and that was through cost reductions and re-appropriations. And you and I both know that re-appropriation means something's getting cut while something's getting funded. And they had a lot of fluffy things in their report talking about our philanthropic efforts and so ons and so forth. Not much of which I bought. Our staff, if I'm not mistaken -- and, Chris, you correct me. I think you've already said I'm correct once today, so let's hear you say it twice. Oh, I've been right twice? Okay. Outstanding. Our staff grabbed onto 40 million of expense reductions out of that initial report, if I'm not mistaken, we were able to actually reduce expenses by close to 40 million. Page 58 Page 282 of 6529 September 18, 2025 MR. JOHNSON: It was a combination of their insights; reducing expenses and other sources of revenue. COMMISSIONER McDANIEL: Okay. So we did do something. COMMISSIONER HALL: Insights, yeah. COMMISSIONER McDANIEL: Sir? COMMISSIONER HALL: Insights, on the income side. COMMISSIONER McDANIEL: That's correct. But those are real dollars. Those are real -- those are real savings that were effectuated by having ResourceX. For the first time ever, by the way, has a third party ever looked at how Collier County's doing its thing. We have never had anybody else other than our staff looking at these numbers. I think we need to review our fee structures, our user fee structures for our assets that we, in fact, have. Those haven't been touched in an eternity. I don't know the -- different ones have been touched at different times, but I think we need to review our fee structures on the patrons that are utilizing our public facilities. I think we need to review the ordinance of Conservation Collier. By policy, Conservation Collier's requisite is only 25 percent of the collected funds are reserved off for maintenance. I would like to see that -- and I know this year we reserved it up to 50 percent, because we're actually seeing the reality of what we have going on, but it's not by policy. It was by choice. That was our staff that, in fact, effectuated that. And I would like to see us have a look at that and move at least 50 percent of the collected funds into reserves for ongoing maintenance, minimum of 50 percent. I think we need to have a review of all of the Conservation Collier holdings currently that we have. There were a lot of pieces of property that were bought just because they were there. We cited -- and I'm not going to name them off right now, because that Page 59 Page 283 of 6529 September 18, 2025 will turn the apple cart upside down. There's a lot of property that we own at Conservation Collier. One of the requisites of Conservation Collier, needs to be accessible by the GP, by the general public. And we have -- my last count, there was in excess of 18 or 19 of them that you couldn't even get to. So -- but we need to have a look at maybe disposition of some of those assets or reutilization of some of those assets for the public benefit. Savings from ResourceX need to be specific. I would like to see specifics on what their recommendations are as to what we can, in fact, cut out of our expenses as we're going forward. My tally on our last two years' worth of efforts in moving Collier County off of the rate neutral to a rolled-back rate cumulatively are in excess of 160, 150-some-odd. MR. JOHNSON: For the last two years, it's 152.6. COMMISSIONER McDANIEL: And that's cumulative -- MR. JOHNSON: Correct. COMMISSIONER McDANIEL: -- for going to rolled-back for the past two years. So all in all, wrapping it up, I have those suggestions specifically with Conservation Collier. I have those suggestions specifically with our user fees. The savings -- I want to see specific savings effectuated out of ResourceX in this next report. That's something that I feel we really need to be looking at, and that we move the money between rolled-back -- oh, I do have one other point that I want to make, and it has to do -- we have -- basically we have two budgets. We have an expense budget, and we have a revenue budget. If I'm not mistaken, the expense budget that we put forth and then dictated or gave policy to our operation was based upon last year's expense money equal to what we spent last year plus three and five. Three on O&M, there was an increase, and five on capital. Page 60 Page 284 of 6529 September 18, 2025 MR. JOHNSON: Correct. COMMISSIONER McDANIEL: That's -- I've been correct, like, four times. So it's important to remember that we're holding -- we're holding expenses. We're holding our -- we're holding our costs back, but we also need to fund our reserves. It's imperative that we fund our reserves. These 2 billion plus worth of assets have an enormous amount of ongoing maintenance. It's as simple as what we -- what we do in a condominium association or even at our home. You have a 50-year building with a 20-year roof and 10-year windows and two-year paint and a one-year parking lot. You budget to put away X amount every single year so that you can fix, repair, and ultimately accumulate the capital that you need to replace that asset when it's reached or surpassed its useful life, and we haven't been doing that as an organization. We never did it. Until 2018/'19. When did we set up that account, do you recall, plus or minus? MR. JOHNSON: 2020. COMMISSIONER McDANIEL: Okay. 2020 is when we actually realized that we need to start accounting for those 2 billion-plus worth of assets. That fund, it was represented to me, needed to have about $25 million a year put into it out of the -- out of the tax revenues collected in order to support the ongoing maintenance and then ultimately have accumulated the capital necessary to replace those assets when they reach their useful life. So my vote for today for this year is stay at rate neutral, take the spread between rolled-back and rate neutral, and plow it back into that 301 account, the Capital Asset, Replacement, and Maintenance Fund. CHAIRMAN SAUNDERS: All right. We've been at this for Page 61 Page 285 of 6529 September 18, 2025 two hours. Terri's beginning to look a little frayed there. Why don't we take a -- I know, Commissioner LoCastro, you've got some comments, but why don't we take a break. We'll come back at quarter after seven. COMMISSIONER McDANIEL: 7:15? CHAIRMAN SAUNDERS: 7:15. (A recess was had from 6:56 p.m. to 7:15 p.m.) MS. PATTERSON: Chair, you have a live mic. CHAIRMAN SAUNDERS: Thank you. The meeting will come back to order. Mr. Johnson, or -- I'm sorry, did you want to -- COMMISSIONER LoCASTRO: Did you want to say something, Chris? Did you have an opening comment? MR. JOHNSON: I do not, Commissioner. I was just going to move us on to the next item, unless you have some comments. CHAIRMAN SAUNDERS: Commissioner LoCastro, you're recognized. COMMISSIONER LoCASTRO: I mean, I was listening to everyone and sort of wrote down a few sort of random thoughts that I think maybe piece together -- at least, you know, give you my perspective. I mean, I hate to say that I don't know that Commissioner McDaniel was right four times, but we'll check the record. But he sort of summarized very similar. I mean, you know, here's something I wrote, you know, before he said it, so at least we're -- I think we're a little bit in sync. I think we have a great opportunity to continue to save taxpayer dollars, but I need to see some -- and I said this at the last meeting. I need to see some actual specific real savings from ResourceX before we make too big of a muscle movement. You know, I live on Marco Island, and I saw the effect of Page 62 Page 286 of 6529 September 18, 2025 multiple years of big muscle movements that they were all proud of. And I'm not here to critique that. You know, at the time -- you know, people are critiquing that really hard now. At the time, I can tell you citizens were cheering it. Nobody was, like, "Whoa, whoa, whoa. Wait a minute." I want to make sure that we're -- you know, I understand how to do the numbers as well, and I think we all understand finance here. But I want to make sure we're as prudent as possible. Some of these muscle movements here -- I sat down with you as well and with a sharp pencil and a calculator, and when we banged out all these different fractions, I said, "So if I own a $500,000 house, how much does it save me?" And your answer was, "Fifty bucks." So that's real money, okay, and it all adds up to big money. But one thing I think is very dangerous is when we say something like, "Oh, we need to save the taxpayers $200 million," or we throw a number out there, that's then money that doesn't go somewhere else. So it's old, you know, visual of the balloon. We squeeze it on one end and we're all happy that we saved the taxpayers 200 million, but now we don't have the 200 million for something else. It's not like we're printing money in the basement and we just gave them free money back. It means we have a delta somewhere. And you and I talked about some of those deltas, and some of them really scare the be-jesus out of me. And citizens that don't do as deep of a dive as we do on a regular basis may not realize that. Citizens on Marco are realizing that, that they have bridges to rebuild and roads to redo and actually might not have the funds. You know what the largest parcel of swampland in District 1 is called? It's called Fiddler's Creek, okay. So swampland can definitely be built. So we've got to make sure we're really prudent and careful in acting like everything is, like, unbuildable, and it will Page 63 Page 287 of 6529 September 18, 2025 just live forever in perpetuity. Anybody visit Marco Island in 1910 or 1920? I mean, nobody thought it would ever turn into anything, and now parcels of land, an acre of land out there is -- I say "acre." It's not even an acre. Half an acre -- millions. So, you know, I just say that as a comment. You know, there's some broad statements that are made that actually are a little bit, you know, misleading. I'm not here to be champion or the guru of Conservation Collier, but some statements made that Conservation Collier, their mission is to buy land to create parks and trails, that's actually not 100 percent correct. Their mission is -- and if we need to bring the Conservation Collier team back up here -- their mission is much broader than that. So we do buy stuff that will never be a park, never be a trail, but it preserves areas where there's wildlife that's in jeopardy, where there's a large amount of panthers, and by having that land and preserving it in perpetuity -- we've bought land that had water that cut through it. So it allowed for water to get from Point A to Point B, and we all patted ourselves on the back that we bought a small parcel of land that connected to other parcels. So their mission is much more complicated than just "Let's buy land and turn it into a park." And, oh, by the way, if you turn it into a park, then you're certainly not helping the taxpayers, because who's going to pay for that park? So a lot of the land doesn't change much at all -- or in most cases the big maintenance fund -- is to take that land, and because there's a lot of wildlife, some of it that is -- I don't want to say close to extinction, but threatened, and it allows it to thrive in those areas. So I'm not the Conservation Collier guru, but the people back there that are, I would expect that you'd be sort of, you know, nodding your head. We've saved some things on Marco Island that won't ever get a trail, won't ever become a park, but because it's filled Page 64 Page 288 of 6529 September 18, 2025 with X number gopher tortoise now, you know, they don't have to be relocated and whatnot. So, you know, enough of that. I'm not trying to give a lesson on Conservation Collier, but it's much more than that. I feel we'd be overstepping our role prematurely as government. I can appreciate what's said up here. People vote for a program. They also vote for us. But I'm also for smaller government and not stepping over voters and telling them that I'm smarter than them because my calculator works a little bit better. I agree with all the math that's been talked about here. I think our job as elected officials is now to educate the public and maybe have them go back to the polls with more knowledge and see if they agree with us that you can punch out the math in a few different ways, and maybe it's a great program, but it shouldn't be at a millage rate that it's at. I think that's our job, not to sit up here, like I said, as a monarchy and say, "Well, we know more than the voters." Maybe a lot of people who voted for Conservation Collier didn't know the exact numbers, but our job, I think, is to inform citizens and then they vote. If this wasn't a voter-approved program and we had the latitude to manage it the way that we do all the other funds, then I think that would be our role. When it's said, "Millage neutral still increase the taxes" -- I get this a lot in Marco Island. You can't have your cake and eat it too. So if your property goes up in value -- so if you sold it, you'd make more money, but then you're upset you have to pay higher taxes. You can't have both. So millage neutral isn't raising your tax. Your property value going -- your property going up in value is what increases the tax. So, you know, that's thrown around a lot. "Wow, millage neutral, we're still putting a high tax burden." My house is worth three times what I paid for it on Marco Island now. I'm paying a lot more tax on it not because the elected officials Page 65 Page 289 of 6529 September 18, 2025 are gypping me or charging me more, but it's because my property value is higher. So I feel, you know, with staying millage neutral, it's something a lot of counties aren't doing. So I think that's a big muscle movement that is a positive, you know, for our citizens. And I think, you know, when we're sitting in this room, what, in a few months, I think we can go a lot further as well with some of the math that we heard up here today, especially when we have a little bit more specifics in our hand from ResourceX. Because every time we save 100 million somewhere, that means there's a delta of 100 million that we don't have at our disposal, and that concerns me greatly, especially with some of the things that I've seen. So yeah, in closing, I -- you know, you and I sat in my office and had eight different versions of slides, same as you did, you know, with everyone else. And for me, you know, playing around with the math this soon, especially when I know we have some significant deficiencies in the county that maybe the average citizen doesn't see every day, our job is also, you know, not just to give money back to the citizens, but to do it prudently and smartly, especially when we know we're -- you know, this isn't the only 50-year old building in Collier County. And we have some funds that get exhausted real quick when we have an issue. But I think we have real opportunity here. I just think a huge muscle movement right now is a little premature. But this is all great math for our next set of meetings, which are just in, you know, a handful of months, so... CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, thank you, Mr. Chair. Just on a couple of points. You know, I do agree 70 -- I didn't vote for Conservation Collier, by the way, just so you know. I'm not certainly opposed to conservation by any stretch of the imagination. Page 66 Page 290 of 6529 September 18, 2025 If anybody knows where I live, you know that I'm a huge supporter of conservation. But it was voted on by the electorate, and I do feel it my responsibility to our job, as you referred to it, Commissioner LoCastro, is to ensure that the expenditure of those funds is done prudently and effectively. Commissioner Hall, you brought up a point earlier on that we diagnosed and went through the appraisals and found out that our purchases were being used as comparables for those -- for those lands. And we corrected that, as least -- as far as I know we've corrected it. At least we slowed down the purchases and are having a wider perspective as to what we are, in fact, paying for the lands that Conservation Collier buys. What I would like to see us do going forward -- you know, I know that it really isn't -- hasn't been as necessarily effective as I wanted for the Board to be working year-round, but I want this board -- I want our board to take a harder look on a departmental basis. I lobbied for years and years and years for a zero-based budgeting process. We engaged ResourceX on a priority-based budgeting process, but we haven't gone through -- and I think that's where we may be able to effectuate even greater savings at some point in time by -- by using our additional meetings that we have during the summertime right before these budget hearings transpire to actually bring departments in and go line item by line item through the budgets and have discussions with the relevancy. And I don't mean to say that the expenses that are proposed by our departments are not relevant -- but have a discussion as to whether or not the relevancies, in fact, therein warranted for how we perceive those expenses to be done. I love the rural lands -- rural lands -- RLSA, the Rural Lands Page 67 Page 291 of 6529 September 18, 2025 Stewardship Area. I think it's one of the most innovative land use plans that has ever been effectuated. It has set aside -- of the 200,000 acres in Eastern Collier County, it has set aside and taken out of development potential in excess of 150,000 acres of land that was before developable, and it's no longer developable. And on the other side, it has been at no expense to the public treasury either in acquisition of those lands or in the maintenance of those lands. And so I'm advocating right now to leave our budget as is -- has been proposed and that we stay at the rate neutral amount and that we move the delta between -- and I -- and you're going to help me clarify it, I hope, at some stage, but there is a delta between rolled-back and rate neutral that -- some of it's already been appropriated in the accounting for the budget in the funds. MR. JOHNSON: Correct. The budget's currently at millage neutral, and the above policy has been allocated to those reserves and a few of the expanded requests. COMMISSIONER McDANIEL: The expanded requests -- you know, we put out budget policy for the expenses that were equal to last year's expenses, plus 3 and 5, 3 percent on the O&M and 5 percent on capital, and then there were additional expanded requests from the Sheriff, from DAS, from some of the things that were direly in deficit that needed to be -- that needed to have loving. MR. JOHNSON: Correct. So your budget -- your current tentative budget contains all that with that addition into the 301 reserve as well. COMMISSIONER McDANIEL: And it does move it into the 301 fund? MR. JOHNSON: Correct, the additional funding was put in there. And the additional funding from 001 was transferred to that, correct. CHAIRMAN SAUNDERS: We've heard three different Page 68 Page 292 of 6529 September 18, 2025 proposals. We've heard everybody speak on all of them. So we're ready for a motion. Commissioner McDaniel, you had indicated that you support millage neutral with the 301 fund receiving that difference. Do you want to make a motion to that effect? COMMISSIONER McDANIEL: I'd be happy to. CHAIRMAN SAUNDERS: I'll second that motion. I'm supporting that motion -- I wanted to make one other comment on millage neutral and -- because we are -- we are increasing taxes. There's no question about that. Some people will see a 3 percent increase in their taxes from Collier County. And like you say, it will be $50 for the average homeowner. Thirty-five percent of all of that savings that we're talking about, about 35 percent of that is savings to our residents, our ad valorem homesteaded property owners. It's real money obviously but it's still -- all of that savings is going to the -- you know, the large hotels, the winter residents. It's important, but I just -- I think it's important also to see what the impact really is on our ad valorem homesteaded property owners. I think there's a lot of -- you know, we all -- we all want to cut federal taxes because we know there's just billions and billions if not hundreds of billions of dollars in just wasted programs. But when you start talking about Collier County Government -- and we have a beautiful median beautification program. It's not necessary. We don't have to do that. We have probably some of the best parks in the country. We don't have to have the best parks. We could let the maintenance slide on that, have average parks. We maintain our beaches. We have crews out there every day maintaining our beaches. We don't have to do all those things, but this is where we live. This is our quality of life. And so I've supported and continue to support millage neutral Page 69 Page 293 of 6529 September 18, 2025 because I want to make sure that we not only have a beautiful community today, but it stays that way. And that's what this -- I think this type of budgeting accomplishes. ResourceX will help us save money and will help us reallocate certain funds. But for today, I think this is where we need to be. So I'll second your motion. Any discussion further on the motion? MR. JOHNSON: Commissioner, if I could just clarify the motion. Commissioner McDaniel, that is as presented, correct, with the -- COMMISSIONER McDANIEL: Yes. MR. JOHNSON: -- expanded requests and the additional funding going into 301? COMMISSIONER McDANIEL: That's correct. MR. JOHNSON: Correct. Thank you. COMMISSIONER McDANIEL: That funds the 301 account with the spread and takes care of the expanded requests that came in after we put out the budget policy? MR. JOHNSON: Correct. The current budget, as presented, does both of those things. COMMISSIONER LoCASTRO: So, Chris, just for clarification, because we all have, like, 10 sets of slides up here. MR. JOHNSON: Yep. COMMISSIONER McDANIEL: The one that says tentative budget tax levy, right? MR. JOHNSON: Yeah. Let me pull that one up, Commissioner. Right here is what we're looking at, and this is the tax dollars associated with it. It's going to be the blue. COMMISSIONER LoCASTRO: Go to the -- go to the slide that has the second slide that goes with it. MR. JOHNSON: And this is the millage rates here. Page 70 Page 294 of 6529 September 18, 2025 COMMISSIONER LoCASTRO: You know, I'm going to say, get your pencil and your calculator ready, because we've had some very healthy discussion up here that doesn't die on the vine just because, you know, we maybe are making a decision now. The budget is a living, breathing thing that, you know, isn't a one-time approval. So I liked a lot of what I heard today. I just think that, you know, there's a lot of stuff that we also still need to hear to make sure we don't get out ahead of our headlights a bit. CHAIRMAN SAUNDERS: All right. Any further discussion? (No response.) CHAIRMAN SAUNDERS: Seeing none, all in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. All opposed? COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All right. It passes 3-2, I believe; is that correct? MR. JOHNSON: All right, Commissioners. I'm just going to bring this back up again before we move on. The -- that takes care of the countywide millage districts, General Fund, Water Pollution, and Conservation Collier. With the other districts, you can see, again, we have supermajority vote and unanimous vote. If there's -- if there's any changes to this, we need to go downstairs and make those changes. So I just want to make sure -- I just count noses, if possible, for the remaining millage rates. CHAIRMAN SAUNDERS: All right. Are there any objections to the existing -- the other millage rates -- Page 71 Page 295 of 6529 September 18, 2025 COMMISSIONER McDANIEL: I have a question. CHAIRMAN SAUNDERS: -- Mr. Johnson's talking about? Commissioner McDaniel. COMMISSIONER McDANIEL: And it's more of a point of clarification than question on the rates. We had -- we had given policy several years ago. I mentioned to the one lady that was talking about the beautification MSTU. We had made a policy suggestion that the budgets were managed based upon a three-year look-back for ongoing O&M, operations and maintenance, and that we were managing those funds accordingly to the -- and setting the rate for those individual MSTUs so that we had a sufficient reserve that was established for each one of those MSTUs, and then -- and then allowing for the ongoing O&M based upon a three-year look-back. Has that basically been the policy that we've been utilizing? MR. JOHNSON: Correct. That and -- that and any upcoming capital needs as you explained earlier. COMMISSIONER McDANIEL: Well, of course. I mean, those capital needs come and go based upon the new -- the new pretty and glitty that we think we need to have. So, yeah. MR. JOHNSON: Correct. COMMISSIONER McDANIEL: No, I don't have any -- I don't have any questions. I'll make a motion -- do you need to read all these rates before I make the motion? MR. JOHNSON: Not for this. This will get us into the next -- the next item, which is adopting the changes to the tentative budget followed by me reading your millage rates. CHAIRMAN SAUNDERS: So give us the items that we need a unanimous vote on so we can just take a separate vote real quickly. MR. JOHNSON: Certainly. Unanimous would be the Private Road Emergency Repair MSTU. Page 72 Page 296 of 6529 September 18, 2025 CHAIRMAN SAUNDERS: I'll make a motion to approve. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: Any objection to -- anybody opposed to that, signify by saying aye. (No response.) CHAIRMAN SAUNDERS: All right. It passes unanimously. MR. JOHNSON: All right. And then the super -- the supermajority are the ones listed here. You have Victoria Park, Lely Golf Estates, Bayshore Avalon Beautification, Haldeman Creek, Vanderbilt Waterways, 42nd Avenue Southeast, and Pelican Bay. CHAIRMAN SAUNDERS: Motion to approve. COMMISSIONER McDANIEL: So made. CHAIRMAN SAUNDERS: Second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. JOHNSON: And the rest of them are majority. Item #1D RESOLUTION TO AMEND THE TENTATIVE BUDGETS - RESOLUTION 2025-177: MOTION TO APPROVE AS PRESENTED REMAINING MILLAGE NEUTRAL W/FUND 301 TO RECEIVE THE DIFFERENCE BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - Page 73 Page 297 of 6529 September 18, 2025 APPROVED (COMMISSIONER HALL AND COMMISSIONER KOWAL OPPOSED); MOTION TO APPROVE THE FINAL HEARING MILLAGE RATE VOTING REQUIREMENT BY MAJORITY VOTE AS LISTED IN THE PRESENTATION BY COMMISSIONER SAUNDERS; SECONDED BY COMMISSIONER LOCASTRO - APPROVED; MOTION TO APPROVE THE FINAL HEARING MILLAGE RATE VOTING REQUIREMENT BY SUPER MAJORITY VOTE AS LISTED IN THE PRESENTATION BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER SAUNDERS - APPROVED; MOTION TO APPROVE THE RESOLUTION AMENDING THE TENTATIVE BUDGET BY COMMISSIONER KOWAL; SECONDED BY COMMISSIONER MCDANIEL – ADOPTED MR. JOHNSON: So with that, Commissioners, under Item 1D is resolution amending the tentative budgets, incorporating the previously discussed changes, and the changes were discussed at the beginning from our September 4th hearing. At this time, staff would request a motion to approve the resolution amending the tentative budgets. CHAIRMAN SAUNDERS: All right. Do we have a motion? COMMISSIONER KOWAL: So moved. CHAIRMAN SAUNDERS: We have -- COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: Commissioner Kowal made a motion. COMMISSIONER KOWAL: Yes. CHAIRMAN SAUNDERS: We have a second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. Page 74 Page 298 of 6529 September 18, 2025 CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. All right. Item #1E PUBLIC READING OF THE TAXING AUTHORITY LEVYING MILLAGE, THE NAME OF THE TAXING AUTHORITY, THE ROLLED-BACK RATE, THE PERCENTAGE INCREASE, AND THE MILLAGE RATE TO BE LEVIED - READ BY CHRIS JOHNSON MR. JOHNSON: Well, that takes us to Item 1E, the announcement of the millage rates. And I'm sure you're aware by this time, the Florida TRIM statute requires that the millage rates, rolled-back millage rates, and percentage change from the rolled-back millage rates be read into the record prior to the adoption of the millage rates under Agenda Item 1E. So without further ado, if it pleases the Board, I will begin. If you'd like to follow along, the property tax rate table can be found on Tab 1F, Page 3 or Packet Page 47. All right. I'll start with the General Fund. General Fund 0001, the proposed millage rate is 3.0107. The rolled-back millage rate is 2.8564. The percentage changed from the rolled-back rate is 5.40 percent. Water Pollution Control Fund 1017, the proposed millage rate is 0.0246. The rolled-back millage rate is 0.0233. The percent change Page 75 Page 299 of 6529 September 18, 2025 from the rolled-back rate is 5.58 percent. Conservation Collier Fund 1061, the proposed millage rate is 0.2096. The rolled-back millage rate is 0.1984. The percent change from the rolled-back rate is 5.65 percent. Unincorporated Area General Fund 1011, the proposed millage rate is 0.6844. The rolled-back millage rate is 0.6506. The percent change from the rolled-back rate is 5.20 percent. Golden Gate Community Center Fund 1605, the proposed millage rate is 0.1862. The rolled millage rate is 0.1786. The percent change from the rolled-back rate is 4.26 percent. Victoria Park Drainage Fund 1608, the proposed millage rate is 0.3814. The rolled-back millage rate is 0.3634. The percent change from the rolled-back rate is 4.95 percent. Naples Park Drainage Fund 1613, the proposed millage rate is 0.0041. The rolled-back millage rate is 0.0039. The percent change from the rolled-back rate is 5.13 percent. Vanderbilt Beach MSTU Fund 1617, the proposed millage rate is 0.4650. The rolled-back rate is 0.4438. The percent change from the rolled-back rate is 4.78 percent. Ochopee Fire Control Fund 1040, the proposed millage rate is 4.0000. The rolled-back millage rate is 3.7959. The percent change from the rolled-back rate is 5.38 percent. Goodland/Horrs Island Fire MSTU Fund 1041, the proposed millage rate is 1.2760. The rolled-back millage rate is 1.1793. The percent change from the rolled-back rate is 8.20 percent. Sabal Palm MSTU Fund 1619, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.0000. This millage is being reinstated; therefore, there is no percent change from the rolled-back rate. Lely Golf Estates Beautification MSTU Fund 1620, the proposed millage rate is 2.0000. The rolled-back millage rate is Page 76 Page 300 of 6529 September 18, 2025 1.8930. The percent change from the rolled-back rate is 5.65 percent. Golden Gate Parkway Beautification MSTU Fund 1621, the proposed millage rate is 0.5000. The rolled-back millage rate is 0.4784. The percent change from the rolled-back rate is 4.52 percent. Hawksridge Stormwater Pumping MSTU Fund 1622, the proposed millage rate is 0.0318. The rolled-back millage rate is 0.0316. The percent change from the rolled-back is 0.63 percent. Radio Road Beautification MSTU Fund 1625, the proposed millage rate is 0.1000. The rolled-back millage rate is 0.0949. The percent change from the rolled-back rate is 5.37 percent. Forest Lakes Roadway and Drainage MSTU Fund 1626, the proposed millage rate is 2.5000. The rolled-back millage rate is 3.7448. The percent change from the rolled-back rate is negative 33.24 percent. Immokalee Beautification MSTU Fund 1629, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.9573. The percent change from the rolled-back rate is 4.46 percent. Bayshore Avalon MSTU Fund 1630, the proposed millage rate is 2.1104. The rolled-back millage rate is 1.9304. The percent change from the rolled-back rate is 9.32 percent. Haldeman Creek Dredging MSTU Fund 1631, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.9034. The percent change from the rolled-back rate is 10.69 percent. Rock Road MSTU Fund 1632, the proposed millage rate is 0.7224. The rolled-back millage rate is 0.7019. The percent change from the rolled-back rate is 2.92 percent. Vanderbilt Waterways MSTU Fund 1635, the proposed millage rate is 0.3000. The rolled-back millage rate is 0.2859. The percent change from the rolled-back rate is 4.93 percent. Blue Sage MSTU Fund 1640, the proposed millage rate is 3.0000. The rolled-back millage rate is 3.0620. The percent change Page 77 Page 301 of 6529 September 18, 2025 from the rolled-back rate is negative 2.02 percent. Collier County Lighting Fund 1601, the proposed millage rate is 0.1025. The rolled-back millage rate is 0.0977. The percent change from the rolled-back rate is 4.91 percent. 42nd Avenue Southeast MSTU Fund 1637, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.8738. The percent change from the rolled-back rate is 14.44 percent. Palm River Sidewalk MSTU Fund 1638, the proposed millage rate is 0.5000. The rolled-back millage rate is 0.4776. The percent change from the rolled-back rate is 4.69 percent. Private Road Emergency Repair MSTU Fund 1639, the proposed millage rate is 1.0000. The rolled-back millage rate is 0.0000. This is the first time this millage would be levied for this MSTU. There is no calculated change from the rolled-back. Pelican Bay MSTBU Fund 1008, the proposed millage rate is 0.0857. The rolled-back millage rate 0.0811. The percent change from the rolled-back rate is 5.67 percent. Commissioners, the aggregate millage rate proposed is 3.7675, the rolled-back rate is 3.5870, and the percent change from the rolled-back rate is 5.03 percent. Item #1F ADOPTION OF RESOLUTION SETTING MILLAGE RATES. NOTE: A SEPARATE MOTION IS REQUIRED FOR THE DEPENDENT DISTRICTS MILLAGE RATES; AND A SEPARATE MOTION IS REQUIRED FOR THE REMAINING MILLAGE RATES - RESOLUTION 2025-178: MOTION TO APPROVE THE DEPENDENT TAXING DISTRICTS MILLAGE RATES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED; MOTION TO Page 78 Page 302 of 6529 September 18, 2025 APPROVE THE SETTING OF THE MILLAGE RATES BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MR. JOHNSON: All right. Mr. Chair, Commissioners, Item 1F on your agenda is the adoption of the resolution setting the FY '25/'26 millage rates. And if I may, a separate motion is required for the dependent district millage rates. Again, that's the countywide and the remaining millage rates. So if we could have two separate motions, the first motion adopting the dependent taxing district millage rates. CHAIRMAN SAUNDERS: All right. Do we have a motion? Commissioner McDaniel makes -- COMMISSIONER McDANIEL: Yes. CHAIRMAN SAUNDERS: -- makes a motion to approve. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: We have a second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. JOHNSON: The second motion, adopting the remaining millage rates. CHAIRMAN SAUNDERS: All right. Commissioner McDaniel? Page 79 Page 303 of 6529 September 18, 2025 COMMISSIONER McDANIEL: I will make that motion as well. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: I have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. Item #1G RESOLUTION TO ADOPT THE FINAL BUDGET BY FUND. NOTE: A SEPARATE MOTION IS REQUIRED FOR THE DEPENDENT DISTRICT BUDGETS; AND A SEPARATE MOTION IS REQUIRED FOR THE REMAINING BUDGETS - RESOLUTION 2025-179: MOTION TO APPROVE THE FINAL DEPENDENT DISTRICT BUDGET BY FUND BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – APPROVED; MOTION TO APPROVE THE FINAL BUDGET BY FUND BY COMMISSIONER MCDANIEL; SECONDED BY COMMISSIONER LOCASTRO – ADOPTED MR. JOHNSON: All right, Commissioners. That brings us to Item 1G, which is a resolution to adopt the final FY '25/'26 budget by fund. This action, again, requires a separate motion for the dependent Page 80 Page 304 of 6529 September 18, 2025 district budgets, the countywide budgets, and a separate motion for the remaining budgets. The first motion, adopting the dependent -- dependent district budgets by fund. COMMISSIONER McDANIEL: I make that motion. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. JOHNSON: All right. The second motion, adopting the final budgets for the remaining funds. CHAIRMAN SAUNDERS: Commissioner McDaniel, you're doing such a great job. COMMISSIONER McDANIEL: Since I'm doing such a good job. COMMISSIONER HALL: You're batting a thousand. COMMISSIONER McDANIEL: How many times did you say I was correct tonight? MR. JOHNSON: I lost count. COMMISSIONER McDANIEL: I'll make the motion. COMMISSIONER LoCASTRO: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER LoCASTRO: Aye. Page 81 Page 305 of 6529 September 18, 2025 CHAIRMAN SAUNDERS: Aye. COMMISSIONER HALL: Aye. COMMISSIONER KOWAL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: That passes unanimously. MR. JOHNSON: All right, Commissioners. CHAIRMAN SAUNDERS: Now, do you need a three-hour break to do any calculations? MR. JOHNSON: I think we're good here, actually. Commissioners, if I may, before we adjourn, I would like to take this opportunity to first thank the Board for continuing their vision of developing the FY '26 budget through a priority-based approach and supporting staff through what was a very, very long budget process. I would also like to thank the County Manager, the Deputy County Manager, and all the professionals in the agency for their dedication and hard work in developing this budget. We also need to thank the Court Administration staff, the County Attorney's Office, and the constitutional officers, including the Sheriff, the Clerk, Supervisor of Elections, Tax Collector, and the Property Appraiser. And last, but not least, I'd like to thank the staff of the budget office sitting behind me. They're the ones that actually make the wheels turn here. And with that, Mr. Chairman, that concludes our presentation for the FY '25/'26 budget. CHAIRMAN SAUNDERS: Okay. Commissioner McDaniel, you're lit up. COMMISSIONER McDANIEL: I am, and thank you for recognizing me. I was remiss today. Commissioner Hall, you brought up a very important point today. We made -- Collier County made one of Page 82 Page 306 of 6529 September 18, 2025 the -- what I feel is one of the most monumentous purchases today that we've ever done, and that was the acquisition of the Williams Preserve. The benefits to our community, the benefits to that -- to the watershed in general, and what we're going to be able to effectuate by utilizing Conservation Collier monies to clean up the slough, reduce the flooding in Immokalee, enhance the water that's going over into Lake Trafford that then ultimately flows out over into the CREW lands and down through the newly established flowways through the RLSA is immeasurable from a -- from a value standpoint. And we had -- we had an enormous amount of work and coordination by our staff. And I'm happy to share also that we're moving forward with the zoning right now. I would have liked for us to have been moving a little quicker on the zoning, but we're moving on the zoning, and that's rezoning the south farmlands that are in the RLSA into other uses for Parks and Rec and moving the slough into the RLSA to be able to effectuate those benefits for the cleaning up of that slough. So it was a -- it was a huge lift by our staff, a very complicated transaction, and I just want to personally thank everybody that was involved in that. I think it's one of the most monumentous purchases we've ever accomplished. CHAIRMAN SAUNDERS: Commissioner LoCastro. COMMISSIONER LoCASTRO: Thank you, Chairman. I was just going to say that I'm really encouraged by how we're going to move forward here. We may not have agreed unanimously here, but you've got five people here that are trying to sharpen our pencils. I believe we're all paddling in the same direction, might have some differences of opinion in votes here and everything. But I think we have a lot of continuity, a lot of really good potential, and a lot of great opportunity the next time we come in here. Page 83 Page 307 of 6529 September 18, 2025 I think this meeting is going to be -- the meetings are going to be a lot longer next time because I think we're going to have a lot more to do a deep dive in. But I wanted to, you know, thank you personally, and even if it might extend the meeting another two minutes, the group you've got lined up there that you just sort of thanked with one big, you know, wave of the hand, you know, while you get all the attention, we'll never see them again until when, February or whatever? We maybe read their emails. I have no idea person by person exactly who each person is. Maybe everybody else does. But, you know, for the sake of the record, Chris, take a little more quality time, you know. I mean, we know it's not you. MR. JOHNSON: Would you like some introduction? COMMISSIONER LoCASTRO: Absolutely. MR. JOHNSON: I could do that, Commissioner. All right. COMMISSIONER LoCASTRO: And then maybe, like, a little bit piece of exactly what -- everybody has a different role here. I mean -- or you could have them come up and actually -- no, no. They're like no, no, no. (Simultaneous crosstalk.) COMMISSIONER LoCASTRO: But give us a short version, but please recognize your staff. CHAIRMAN SAUNDERS: Let's have all of them come to Commissioner LoCastro's office and do a 15- or 20-minutes introduction. COMMISSIONER LoCASTRO: Hey, that's fine. They've done all the -- a lot of work. CHAIRMAN SAUNDERS: Go ahead. COMMISSIONER LoCASTRO: I'd be happy to shake your hand. MR. JOHNSON: All right. We'll start with Maggie Lopez; Page 84 Page 308 of 6529 September 18, 2025 she's our assistant director, on the end there. And then Laura Zautcke, she's our budget manager; Blanca Aquino, she's our budget analyst with us; Jessica Arencibia, she's also a budget analyst; and then AJ Chudy, who is our third budget analyst in the budget office, on the end. COMMISSIONER LoCASTRO: Thank you, all. (Applause.) CHAIRMAN SAUNDERS: Yeah. Thank you, all of you, for a job well done. Ms. Patterson, you've got a great team here, and I think we've got a great budget going forward and look forward to next year. If there's nothing else, we are adjourned. ******* Page 85 Page 309 of 6529 September 18, 2025 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:50 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ___________________________________ BURT SAUNDERS, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, REGISTERED PROFESSIONAL COURT REPORTER, FPR-C, AND NOTARY PUBLIC. Page 86 Page 310 of 6529 PROCLAMATION WHEREAS, domestic violence permeates the lives and compromises the safety of thousands of Collier County citizens with tragic, destructive, and sometimes fatal results; and WHEREAS, the problems of domestic violence are not confined to any one group of people, but affect people across all economic strata, race and ethnicity, sexual orientation, culture and society, and are supported by societal indifference; and WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security, and humanity due to systemic use of physical, emotional, sexual, psychological, and economic control and/or abuse; and WHEREAS, the impact of domestic violence is wide-ranging, directly affecting women, men, children, and society as a whole; and WHEREAS, The Shelter for Abused Women & Children has provided support, safety, and advocacy to domestic violence survivors and their children; and WHEREAS, Collier County is committed to taking a firm stand against domestic violence and will remain focused on ensuring that all Collier County residents are safe in their homes, and abusers are held accountable for their crimes; NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 2025 be designated as DOMESTIC VIOLENCE AWARENESS MONTH IN COLLIER COUNTY DONE AND ORDERED THIS 14th Day of October 2025. Board of County Commissioners Collier County, Florida Burt L. Saunders, Chairman Page 311 of 6529 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROCLAMATION Please complete the form below and email to Proclamations@colliercountyfl.gov along with a draft of the proclamation (Insert language on the Draft Proclamation From linked on the same webpage as this Request Form). Forms must be submitted a minimum of 13 days prior to the requested meeting date. Please note: A Commissioner sponsor is required! COMMISSIONER(S) AGREEING TO SPONSOR: ______________________________________________________ Once the Board agenda is approved by the Chair, staff will contact you to confirm receipt and presentation at an upcoming Board of County Commissioners meeting. If you have any questions, please email Proclamations@colliercountyfl.gov or by calling (239) 252-8075. NAME: The Shelter for Abused Women & Children ADDRESS: P.O. Box 10102 Naples, FL 34101 PHONE: 239-280-1348 EMAIL: aromak@naplesshelter.org DATE OF THE COMMISSION MEETING BEING REQUESTED FOR PRESENTATION: October 14, 2025 TOPIC/REASON FOR THE PROCLAMATION REQUEST: Domestic Violence Month in Collier County DOES THIS PROCLAMATION RECOGNIZE A SPECIFIC CALENDAR DATE? Month of October _ HAS THE PROCLAMATION BEEN PRESENTED BY THE BOARD IN PREVIOUS YEARS? Yes NAME OF THE LEAD RECIPIENT AND TITLE (IF APPLICABLE) WHO WILL BE PRESENT AND INTRODUCED AT THE MEETING TO ACCEPT THE PROCLAMATION: (Other attendees may also participate in the receipt of the Proclamation but will be announced by the County Manager as “distinguished guests.” Commissioners may opt to identify others, by name, in any comments they make during or after the presentation of the Proclamation.) LEAD RECIPIENT NAME: Linda Oberhuas Note: A photograph will be taken with the County Commissioners at the meeting when the proclamation is presented. Other persons present with the recipients may also come forward at the time of the photograph. Would you like a copy of this photograph sent (circle one): Via email / Via U.S. Mail Per your delivery selection, please provide a name and email address or physical mailing address if different than already provided on the form above: FOR INTERNAL USE ONLY: DATE FORM RECEIVED: RECEIVED BY: ACCEPTED: DENIED: REASON FOR DENIAL: APPLICANT NOTIFIED ON (DATE): VIA TELEPHONE / EMAIL / US MAIL BY: (SIGNATURE) REVISED 2/2023 Page 312 of 6529From: Louise Jarvis Sent: Wednesday, August 27, 2025 3:19 PM To: Aimee Trochessett Cc: Angie Romak Subject: FW: Domestic Violence Awareness Proclamation (October)Request for Proclamation Sponsorship – Domestic Violence Awareness Month Hi Aimee, Commissioner Hall said he would sponsor the below Proclamation, if this falls within the needed requirements. Thank you, Louise Jarvis, Executive Coordinator Commissioner Chris Hall, District 2 Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Phone: 239-252-8602 Subscribe to our Newsletter | District 2 Street Map | Facebook | Instagram Under Florida Law, e-mails are public records. If you do not want these released in response to a public records request, do not send electronic mail to this entity. Page 313 of 6529 PROCLAMATION WHEREAS, childhood cancer is the leading cause of death by disease among children and teenagers in the United States, claiming the lives of one in five children within five years of diagnosis; and WHEREAS, one in 264 children will be diagnosed with cancer before the age of 20, with the average age of death for a child with cancer being just eight years old; and WHEREAS, childhood cancer diagnoses continue to rise, with approximately 15,500 new cases each year; and WHEREAS, early diagnosis is often difficult and most childhood cancers are not detected early, nearly 80% have already spread by the time of diagnosis, making prevention and early detection critical; and WHEREAS, survivors of childhood cancer face an increased risk of developing other chronic or severe health conditions as a result of their disease and its treatment; and WHEREAS, expensive cancer treatments are not always covered by insurance, leading to devastating financial impacts, with average costs exceeding $833,000 per child, including medical expenses and lost wages; and WHEREAS, the isolation and disruption to a normal childhood can have a profound psychosocial impact on children, and the physical pain and existential fear can leave deep scars WHEREAS, environmental factors are increasingly recognized as contributing to childhood cancer, underscoring the importance of public awareness and preventative action at the local level; and WHEREAS, Collier County recognizes the importance of raising awareness, supporting research, and promoting early detection and safe environments for our youngest residents, standing with children and families affected by cancer in our community; NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 2025 is hereby recognized as CHILDHOOD CANCER AWARENESS MONTH IN COLLIER COUNTY DONE AND ORDERED THIS 14th Day of October 2025. Board of County Commissioners Collier County, Florida Burt L. Saunders, Chairman Page 314 of 6529 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROCLAMATION Please complete the form below and email to Proclamations@colliercountyfl.gov along with a draft of the proclamation (Insert language on the Draft Proclamation From linked on the same webpage as this Request Form). Forms must be submitted a minimum of 13 days prior to the requested meeting date. Please note: A Commissioner sponsor is required! COMMISSIONER(S) AGREEING TO SPONSOR: Commissioner Rick LoCastro Once the Board agenda is approved by the Chair, staff will contact you to confirm receipt and presentation at an upcoming Board of County Commissioners meeting. If you have any questions, please email Proclamations@colliercountyfl.gov or by calling (239) 252-8075. NAME: Darren Nieves ADDRESS: 2224 Regal Way, Naples Fl, 34110 PHONE: 239-777-7668 EMAIL: darren@mindsovertumors.org DATE OF THE COMMISSION MEETING BEING REQUESTED FOR PRESENTATION: October 14th, 2025 TOPIC/REASON FOR THE PROCLAMATION REQUEST: Childhood Cancer Awareness Month DOES THIS PROCLAMATION RECOGNIZE A SPECIFIC CALENDAR DATE? The Entire Month _ HAS THE PROCLAMATION BEEN PRESENTED BY THE BOARD IN PREVIOUS YEARS? No NAME OF THE LEAD RECIPIENT AND TITLE (IF APPLICABLE) WHO WILL BE PRESENT AND INTRODUCED AT THE MEETING TO ACCEPT THE PROCLAMATION: (Other attendees may also participate in the receipt of the Proclamation but will be announced by the County Manager as “distinguished guests.” Commissioners may opt to identify others, by name, in any comments they make during or after the presentation of the Proclamation.) LEAD RECIPIENT NAME: Darren Nieves, President & CEO Note: A photograph will be taken with the County Commissioners at the meeting when the proclamation is presented. Other persons present with the recipients may also come forward at the time of the photograph. Would you like a copy of this photograph sent (circle one): Via email / Via U.S. Mail Per your delivery selection, please provide a name and email address or physical mailing address if different than already provided on the form above: 2224 Regal Way, Naples Fl, 34110 FOR INTERNAL USE ONLY: DATE FORM RECEIVED: RECEIVED BY: ACCEPTED: DENIED: REASON FOR DENIAL: APPLICANT NOTIFIED ON (DATE): VIA TELEPHONE / EMAIL / US MAIL BY: (SIGNATURE) REVISED 2/2023 Page 315 of 6529 10/14/2025 Item # 8.A ID# 2025-3533 Executive Summary *** This item to be heard at 1:00 PM. *** This item requires that Board members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, granting a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for fuel pumps at a Costco Wholesale, with resulting separation of 132 feet from the property line of the existing 7-Eleven. The property is located in the Commercial Tract of the Hacienda Lakes Mixed Use Planned Unit Development (MPUD) located at the southeast corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of +/-25.86 acres of the +/-2,262 acre MPUD. (PL20240011790) (This Item is a companion to 9.A. PDI- PL20240011559) OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff's findings and recommendations regarding the above-referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to Section 5.05.05.B of the Land Development Code, for fuel facilities that will be on property that is separated by Rattlesnake Hammock Road with a distance of 132 feet from the property line of the existing 7-Eleven with fuel pumps. This Automobile Service Station Waiver (ASW) request is a companion petition to Costco Wholesale PDI-PL20240011559. The new facility is proposed to be accessory to a Costco Wholesale within the Commercial Tract of the Hacienda Lakes MPUD. The MPUD currently allows the proposed use, and this request is for approval of the location of the fuel pumps on the northwestern portion of the site to be closer to the intersection of Collier Boulevard and Rattlesnake Hammock Road. The Costco gas station is a members-only gas station, meaning that only Costco members can purchase fuel. The queuing of traffic at Costco will remain internal to the subject property. The proposed Costco Wholesale and fuel facility is adjacent to an outparcel to the west that may be developed for more future commercial activity. ANALYSIS Land Development Code Section 5.05.05.B.1 requires a separation of 500 feet from another facility with fuel pumps as measured from the nearest point. This application is a request to waive the 500-foot separation requirement to locate the fuel pumps closer to the corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road. This would result in a facility with fuel pumps separated by approximately 132 feet from the existing 7-Eleven with fueling pumps. Section 5.05.05.B.2 permits a waiver of the separation requirements for adjacent facilities with fuel pumps separated by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA’s decision to waive part or all of the distance requirements shall be based on the following factors: 1. Whether the nature and type of natural or manmade, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the BZA to lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4-lane arterial or collector right-of-way. Applicant’s Response: The proposed establishment and the existing Automobile Service Station to the north are separated by Rattlesnake Hammock Road (CR-864) right-of-way, a minimum 4-lane collector. A feature significant to this separation request that should be considered is that the proposed establishment is a Costco Wholesale member- based gas facility associated with the Costco Wholesale store. Furthermore, unlike the existing Automobile Service Station to the north, the proposed establishment is not a conventional automobile service station with gas, a car wash, Page 316 of 6529 10/14/2025 Item # 8.A ID# 2025-3533 and a convenience store. Staff Analysis and Recommendation: The boundary to the north of the subject property is a man-made boundary that is a minimum 4-lane collector right-of-way known as Rattlesnake-Hammock Road. This will lessen any impact the proposed gas service at Costco will have, coupled with the fact that it is a members-only gas station. Therefore, Zoning Staff approves this criterion. 2. Whether the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the station sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. Applicant’s Response: The proposed Automobile Service Station will be engaged in providing fuel for vehicles for members of Costco Wholesale, commensurate with the wholesale store’s hours of operation. The fuel facility will not include a convenience store or car wash. Staff Analysis and Recommendation: At the Neighborhood Information Meeting, the applicant committed that the hours of the gas station will coincide with the store hours. The gas station will not be a 24-hour operation. The gas service is only available to Costco members. Therefore, Zoning Staff approves this criterion. 3. Whether the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. Applicant’s Response: The proposed Automobile Service Station is located within a commercially designated parcel in a commercial area in the Hacienda Lakes MPUD, which will be primarily be accessed directly from two ingress/egress driveway locations on Rattlesnake Hammock Road (CR-864) and one ingress/egress driveway connection to the south to a shared circulation road with Physicians Regional Medical Center that provides several access connections to Collier Boulevard (CR- 951). Staff Analysis and Recommendation: Costco's access is primarily serviced from Rattlesnake Hammock Road (CR 864), a County right-of-way classified as a collector road. Therefore, Zoning Staff approves this criterion. 4. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. Applicant’s Response: Granting a distance waiver will not have an adverse impact on adjacent uses. The proposed Automobile Service Station is located within a commercially designated parcel in a developing commercial node in the Hacienda Lakes MPUD, a mixed-use PUD. The commercial parcels and the adjacent medical parcels are well planned to provide adequate separation and transition between various intensities and densities of uses. The vertical improvements, such as the Costco Wholesale building and gas canopy, will be located on the western portion of the parcel to be further separated from adjacent residential uses and the existing FPL powerline easement along the eastern edge of the parcel, which provides more separation and transition. Staff Analysis and Recommendation: The applicant is seeking a distance waiver for the development of a Costco gas station, which would serve as an accessory use for the Costco Wholesale store on site. The gas station is a members-only one that will serve the customers either coming to or leaving from the Costco store, or any other Costco member in transit. The subject property is zoned as a Commercial Tract within the existing Hacienda Lakes MPUD and is located within Activity Center 7, Rattlesnake Hammock Road, and Collier Boulevard, in the Comprehensive Plan Future Land Use Element. Accordingly, “The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant,…”. The proposed development is permitted to be developed by right on the subject property since it is a commercial use. The gas station will serve as an accessory to the commercial use. The proposed location of the pumps on site will be in the northwest corner of the subject parcel, as close as possible to the intersection of Rattlesnake Hammock and Collier Boulevard. For the development of the site, it is preferable to Page 317 of 6529 10/14/2025 Item # 8.A ID# 2025-3533 locate the gas service station as far away as possible from nearby residences. The queuing of automobiles will be internal to the Costco site and won’t be a nuisance to adjacent properties or nearby residences. If granted, the auto- service station waiver won’t cause any adverse impacts to adjacent land uses, especially residential land uses. Therefore, Zoning Staff approves this criterion. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC does not typically hear Automobile Service Station Distance Waivers; however, this item was considered by the CCPC at its July 17, 2025 hearing as a companion to the Insubstantial Change petition PDI-PL20240011559. During the July 17 CCPC hearing, several members of the public spoke with concerns about impact of the fuel facility on the neighborhoods to the east, traffic volumes and movements, and safety. The petitioner requested continuance of the ASW petition to allow additional time for submittal of a written Market Study Analysis. The petitioner submitted the Market Study, provided attached as Attachment F. The item was considered at the September 18, 2025 meeting of the CCPC. At this meeting, members of the public spoke with concerns about the inadequacy of the market study, undesirability of the proposed Costco in this location, and the impact of the fuel facility on the neighborhoods to the east, traffic volumes and movements, and safety. Commissioner Chuck Schumacher questioned if transportation staff evaluates the project considering the future planned roadway capacities as part of the evaluation, noting that a future north/south roadway is proposed in the Hacienda Lakes MPUD Master Plan to the east of the project. Transportation staff explained that only current roadways are evaluated, and the current roadways have sufficient capacity. The CCPC voted 4-1 to recommend approval of the ASW based on conformance with the applicable LDC criteria, with Commissioner Schumacher dissenting because the planned north/south road corridor has yet to be completed as a traffic reliever in this area. This item is consistent with the Collier County strategic plan objective to encourage diverse economic opportunities by fostering a business-friendly environment. FISCAL IMPACT: The waiver by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the waiver is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff to analyze this petition. GROWTH MANAGEMENT IMPACT: The granting of the ASW will have no impact upon the GMP. LEGAL CONSIDERATIONS: The petitioner is requesting a waiver of the minimum separation requirements between adjacent facilities with fuel pumps required by LDC section 5.05.05.B.1. Pursuant to LDC section 5.05.05.B.2, the BZA may adopt resolutions waiving the minimum distance in whole or in part for facilities with fuel pumps separated by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements, when the following criteria is met: 1. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4- lane arterial or collector right-of-way. Page 318 of 6529 10/14/2025 Item # 8.A ID# 2025-3533 2. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the facility with fuel pumps sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24 hour basis. 3. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. 4. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Executive Summary and the oral testimony presented at the BZA hearing as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality, and requires a majority vote for BZA approval. – (HFAC) RECOMMENDATIONS: To approve Petition ASW-PL20240011790, Costco Wholesale and the proposed resolution. PREPARED BY: Ray Bellows, AICP, Zoning Manager ATTACHMENTS: 1. Supplemental and Staff Report (9-18 CCPC) 2. Costco ASW Attachment A - Backup Package (7-17 CCPC) 3. Costco ASW Attachment B - Separation Distance Waiver (7-17 CCPC) 4. Costco ASW Attachment C - Draft Resolution ASW 6-12-25 (7-17 CCPC) 5. Costco ASW Attachment D - Legal Ad adn Sign Posting (7-17 CCPC) 6. Costco ASW Attachment E - 7-10-25 - From MSpokojny For CCPC (7-17 CCPC) 7. Costco ASW Attachment F - Market Study 2580101- Costco Wholesale (9-18 CCPC) 8. Costco ASW Attachment G - Public Input - Richardson BCC Presentation Materials (DMR) 9. Sign Posting Affidavit for 10-14 BCC 10. ASW-PL20240011790 Sign Posting for 9-18 CCPCrfs 11. legal ad - agenda IDs 25-3540 & 25-3533 - Costco (Hacienda Lakes) PDI & ASW -10.14.25 BCC Page 319 of 6529 SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DIVISION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: SEPTEMBER 18, 2025 SUBJECT: ASW – PL20240011790, COSTCO WHOLESALE PROPERTY OWNER/AGENT: Owner: Applicant and Agent: Hacienda Lakes of Naples, LLC Brad C. Wester 7742 Alico Road Costco Wholesale c/o Driver, McAfee, Hawthorne, Fort Myers, FL 33912 & Diebenow, PLLC 1 Independent Drive, Suite 1200 Jacksonville, FL REQUESTED ACTION: A resolution of the Board of Zoning Appeals of Collier County, Florida, granting a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to section 5.05.05.B of the Land Development Code, for development of a Costco Wholesale, with a resulting separation distance of 132 feet from the property line of the existing 7-Eleven. PROJECT STATUS: This Automobile Service Station Waiver (ASW) was continued at the request of the petitioner during the July 17, 2025 CCPC meeting. The petitioner requested additional time for submittal of a written Market Study Analysis. The petitioner submitted the Market Study, provided attached as Attachment F. The study concludes that the new automobile service station will not oversaturate the market or negatively impact surrounding businesses. The Planning & Zoning Division Staff recommendation remains the same as noted in the previous staff report for the July 17, 2025 CCPC hearing. Analysis indicates that this waiver from the 500-foot separation requirement between facilities with fuel pumps is consistent with the criteria of LDC Section 5.05.05.B.2.a.i – iv, notably the proposed supply of fuel aligns with projected demands for the defined market area, and the proposed location of the pumps will be close to the commercial uses to the north and as close as possible to the intersection of Rattlesnake Hammock and Collier Boulevard, so that the fuel pumps are as far away as possible from nearby residences. Staff recommends that the CCPC forward Petition ASW-PL20240011790, Costco Wholesale, to the Board of Zoning Appeals (BZA) with a recommendation of APPROVAL. ASW-PL20240011790 - 1 - September 2, 2025 Page 320 of 6529 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: JULY 17, 2025 SUBJECT: ASW – PL20240011790, COSTCO WHOLESALE APPLICANT/AGENT: Owner: Applicant and Agent: Hacienda Lakes of Naples, LLC Brad C. Wester 7742 Alico Road Costco Wholesale c/o Driver, McAfee, Ft. Myers, FL 33912 Hawthorne & Diebenow, PLLC 1 Independent Drive, Ste 1200 Jacksonville, FL REQUESTED ACTION: A resolution of the Board of Zoning Appeals of Collier County, Florida, granting a waiver from the minimum required separation of 500 feet between facilities with fuel pumps pursuant to section 5.05.05.B of the Land Development Code, for development of a Costco Wholesale, with a resulting separation distance of 132 feet from the property line of the existing 7-Eleven. GEOGRAPHIC LOCATION: The approximately ±25.86 acres subject parcel is in the Commercial Tract of the ±2,262 acre Hacienda Lakes Mixed-Use Planned Unit Development (MPUD) and is located at the southeast corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida. (See location map on page 2). ASW-PL20240011790-Costco Wholesale Page 1 of 7 Page 321 of 6529 ASW-PL20240011790-Costco Wholesale Page 2 of 7 Page 322 of 6529 PURPOSE/DESCRIPTION OF PROJECT: The governing document for the Hacienda Lakes Mixed-Use Planned Unit Development (MPUD), Ordinance 22-18, approved the subject property as the Commercial Tract in the MPUD, approximately ±25.86 acres. The subject property is identified by the Collier County Parcel ID Number 48586002021 in the Hacienda Lakes MPUD. The MPUD was most recently amended in 2022 by way of Ordinance 22-18. The applicant is requesting to situate an automobile service station as an accessory use for the proposed Costco Wholesale on the subject property. The applicant seeks relief from the LDC Section 5.05.05.B.1 for a relief from the minimum 500-foot separation between facilities with fuel pumps to allow a maximum 132-foot separation between the Costco Wholesale property and the adjacent 7-Eleven property to the north. The gas facilities are separated by the Rattlesnake Hammock Road (CR-864) right-of-way, a 4-lane divided collector. This Automobile Service Station Waiver (ASW) request is a companion petition to Costco Wholesale PDI-PL20240011559. There is only one other Costco Wholesale store with a members-only gas station located in Collier County, and it is approximately 12.7 miles, or an approximate 23-minute drive, away from the proposed Costco Wholesale on the subject property. The next closest Costco Wholesale store with a members-only gas station outside of Collier County is located in Fort Myers, in Lee County, to the north, and is approximately 31.5 miles, or a 31-minute drive, away from the subject property. This ASW is required in order to include a member-based Costco Wholesale gas facility accessory for the proposed primary Costco Wholesale use. The 7-Eleven, located 132 feet to the north, across a 4-lane divided arterial, is a conventional gas station/convenience store, as opposed to the Costco Wholesale member-based store and gas station. SURROUNDING LAND USE & ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. North: Rattlesnake Hammock Road R.O.W. and developed mixed-use commercial and residential, zoned Hammock Park Commerce Center Mixed-Use Planned Unit Development (MPUD) East: Vacant, zoned “Residential/Medical Use” tract in the Hacienda Lakes MPUD South: Developed commercial, zoned Collier Regional Medical Center Planned Unit Development (PUD) West: Collier Boulevard R.O.W. and developed commercial, zoned Sierra Meadows PUD SUBJECT PROPERTY Subject Property Zoning Map; Source: Collier County GIS, ESRI ASW-PL20240011790-Costco Wholesale Page 3 of 7 Page 323 of 6529 SUBJECT PROPERTY Base Zoning Map; Source: Collier County GIS, ESRI STAFF ANALYSIS: In summary, the waiver request is from the adjacent property to the north, located at 8004 Rattlesnake Hammock Road, folio number 00416720107, which currently houses an existing 7-Eleven gas station. That gas station has an existing zoning exception of an ASW, HEX No. 21-13, which approved their separation from the existing RaceTrac gas station to the west. Costco only needs a waiver from the gas station to the north, since the separation from property lines is within 500 feet, as shown below. Distance separation exhibit for proposed Costco from existing 7-Eleven; Source: Colliers Engineering & Design ASW-PL20240011790-Costco Wholesale Page 4 of 7 Page 324 of 6529 The subject property is zoned as a Commercial Tract within the existing Hacienda Lakes MPUD. This is also located within Activity Center 7, at the intersection of Rattlesnake Hammock Road and Collier Boulevard, as outlined in the Comprehensive Plan's Future Land Use Element. Accordingly, “The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant…”. The proposed gas station is an accessory use to the proposed commercial retail use, which is permitted by right on the subject property. The Costco gas station is a members-only gas station, meaning that only Costco members can purchase fuel, whereas RaceTrac and 7-Eleven can both be used by the public. Consequently, since it’s a members- only club, Costco’s gas station may not generate as much traffic, as it will be the second Costco with a gas station in the county. In comparison to other public gas stations, the queueing of traffic at Costco will remain internal to the subject property. The proposed Costco Wholesale and gas facility is adjacent to an outparcel to the west that may be developed for more future commercial activity. Since its members only, the Costco gas facility will only generate the traffic of Costco members, either coming to and from the proposed Costco Wholesale or other Costco members in general. No other public may use the Costco gas facility. Attachment B is the Separation Distance Exhibit included with the ASW Petition. Therefore, Zoning Staff recommends APPROVAL. STAFF ANALYSIS OF WAIVER FROM SEPARATION REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS (ASW) CRITERIA The decision to grant the ASW is based on criteria in LDC Section 5.05.05.B.2.a.i - iv, in bold font below. Staff have analyzed this petition relative to these provisions and offers the following responses: i. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4-lane arterial or collector right-of-way. Applicant’s Response: The proposed establishment and the existing Automobile Service Station to the north are separated by Rattlesnake Hammock Road (CR-864) right-of-way, a minimum 4-lane collector. A feature significant to this separation request that should be considered is that the proposed establishment is a Costco Wholesale member-based gas facility associated with the Costco Wholesale store. Furthermore, unlike the existing Automobile Service Station to the north, the proposed establishment is not a conventional automobile service station with gas, a car wash, and a convenience store. Staff Analysis and Recommendation: The boundary to the north of the subject property is a man- made boundary that is a minimum 4-lane collector right-of-way known as Rattlesnake-Hammock Road. This will lessen any impact the proposed gas service at Costco will have, coupled with the fact that it is a members-only gas station. Therefore, Zoning Staff approves this criterion. ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the facility with fuel pumps sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24-hour basis. Applicant’s Response: The proposed Automobile Service Station will be engaged in providing fuel for vehicles for members of Costco Wholesale, commensurate with the wholesale store’s hours of operation. The fuel facility will not include a convenience store or car wash. ASW-PL20240011790-Costco Wholesale Page 5 of 7 Page 325 of 6529 Staff Analysis and Recommendation: At the Neighborhood Information Meeting, the applicant committed that the hours of the gas station will coincide with the store hours. The gas station will not be a 24-hour operation. The gas service is only available to Costco members. Therefore, Zoning Staff approves this criterion. iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. Applicant’s Response: The proposed Automobile Service Station is located within a commercially designated parcel in a commercial area in the Hacienda Lakes MPUD, which will be primarily be accessed directly from two ingress/egress driveway locations on Rattlesnake Hammock Road (CR- 864) and one ingress/egress driveway connection to the south to a shared circulation road with Physicians Regional Medical Center that provides several access connections to Collier Boulevard (CR- 951). Staff Analysis and Recommendation: Costco's access is primarily serviced from Rattlesnake Hammock Road (CR 864), a county right-of-way classified as a collector road. Therefore, Zoning Staff approves this criterion. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. Applicant’s Response: Granting a distance waiver will not have an adverse impact on adjacent uses. The proposed Automobile Service Station is located within a commercially designated parcel in a developing commercial node in the Hacienda Lakes MPUD, a mixed-use PUD. The commercial parcels and the adjacent medical parcels are well planned to provide adequate separation and transition between various intensities and densities of uses. The vertical improvements, such as the Costco Wholesale building and gas canopy, will be located on the western portion of the parcel to be further separated from adjacent residential uses and the existing FPL powerline easement along the eastern edge of the parcel, which provides more separation and transition. Staff Analysis and Recommendation: The applicant is seeking a distance waiver for the development of a Costco gas station, which would serve as an accessory use for the Costco Wholesale store on site. The gas station is a members-only one that will serve the customers either coming to or leaving from the Costco store, or any other Costco member in transit. The subject property is zoned as a Commercial Tract within the existing Hacienda Lakes MPUD and is located within Activity Center 7, Rattlesnake Hammock Road, and Collier Boulevard, in the Comprehensive Plan Future Land Use Element. Accordingly, “The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant,…”. The proposed development is permitted to be developed by right on the subject property since it is a commercial retail use. The gas station will serve as an accessory to the commercial retail. According to the distance separation exhibit on page 5 of the Staff Analysis section, the proposed location of the pumps on site will be in the northwest corner of the subject parcel. This location is closer to the adjacent commercial uses to the north and as close as possible to the intersection of Rattlesnake Hammock and Collier Boulevard. For the development of the site, it is preferable to locate the gas service station as far away as possible from nearby residences. The queueing of automobiles will be internal to the Costco site and won’t be a nuisance to adjacent properties or nearby residences. The subject property will include a parking lot that exceeds the minimum code requirements and will also comply with the landscape and buffering requirements outlined in the code. If granted, the auto-service station waiver, along with the requested deviations in the companion PDI application, PL20240011559, won’t cause any adverse impacts to adjacent land uses, especially residential land uses. Therefore, Zoning Staff approves this criterion. ASW-PL20240011790-Costco Wholesale Page 6 of 7 Page 326 of 6529 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition ASW- PL20240011790, Costco Wholesale, to the Board of Zoning Appeals (BZA) with a recommendation of APPROVAL, subject to include the following attachments: Attachments: Attachment A – Backup Package Attachment B – Separation Distance Exhibit Attachment C – Draft Resolution ASW 6-12-15 Attachment D – Legal Ad and Sign Posting Attachment E - 7-10-25- from MSpokojny - Costco traffic document for CCPC July 2025 ASW-PL20240011790-Costco Wholesale Page 7 of 7 Page 327 of 6529PL20240011790 (ASW Application) 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. ____X Application, to include but not limited to the following: ____X Narrative of request ____X Property Information ____X Property Ownership Disclosure Form ____N/A 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) ____N/A Affidavit of Unified Control ____X Affidavit of Representation ____X Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) ____X NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio ____N/A Traffic Impact Study (TIS) ____N/A Environmental Data ____N/A Historical/Archeological Survey or Waiver ____X Utility Letter ____N/A Deviation Justifications Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides Page 328 of 6529 ____N/A Boundary Survey ____X Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. ___N/A Submerged Resource Surveys may be included here if required. __N/A__ 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. (Electronic PDF file provided in lieu of CD). 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. ________________________________________ ____________________JUNE 17, 2025 Signature of Agent Representative Date ________________________________________BRAD WESTER Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides Page 329 of 6529 Monday, October 14, 2024 at 15:53:56 Eastern Daylight Time Subject: RE: Pre-Application Meeting PL20240011559 Costco Wholesale (SDP) Date: Friday, October 11, 2024 at 4:51:20 PM Eastern Daylight Time From: Ray Bellows To: Brad Wester, Sean Sammon CC: Maria Martinez, Lisa Blacklidge, Christine Willoughby Attachments: image001.png, image002.png, image003.png, image004.png, image005.png, image006.png, CountyLogo-FullColor_948165c4-9665-41b4- 9162-fbb16abW557.png, Facebook_0522f546-5e75-4698-95f9-f15590a3defe.png, Instagram_a8da4774-4b5b-4ad1-8d23- 20e69b3b605d.png, X-Twitter_8d678efc-bd14-44ce-97cf-7fbab1003b00.png, Youtube_0078f7f1-7789-4afd-a015-50689fe1f99b.png, 311IconforSignature_87c558eb-83f5-449b-87c1-3cc5ac8b0859.png Good afternoon,   Please be advised that the requested waiver from holding a preapplication meeting has been approved.   Respectfully, Ray   Zoning Division - Zoning Services Section Growth Management Department 2800 North Horseshoe Drive Telephone: 239.252.2463 Ray Bellows Manager - Planning Zoning Ray.Bellows@colliercountyfl.gov From: Brad Wester Sent: Friday, October 11, 2024 11:28 AM To: Ray Bellows ; Sean Sammon Cc: Maria MarLnez ; Lisa Blacklidge ; ChrisLne Willoughby Subject: FW: Pre-ApplicaLon MeeLng PL20240011559 Costco Wholesale (SDP) 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. Ray, Good morning and hope all is well after the storm.   Per below, I am seeking a waiver for our PDI pre-application review for the Costco Wholesale project.  As you know we’ve had an oWicial pre-app in Jan and then another meeting with you and Sean late August on these matters related to the PDI and the ASW.   There was some initial confusion on how to upload these into the portal. We’d like to commence with the oWicial submittals for review to start the process.   Please let me know if we are authorized to proceed without a pre-app submittal.  I’ve copied Maria on this per our original email this morning.   Thanks. Brad 1 of 3 Page 335 of 6529 !   From: Maria Martinez Date: Friday, October 11, 2024 at 11:21 AM To: Brad Wester Subject: RE: Pre-Application Meeting PL20240011559 Costco Wholesale (SDP) Hello Brad,   I’m sorry for the confusion; the waiver request will be for the new SDP Pre-Application PL20240011559 (since the one you initially had was for the SDP as well ) and for the PDI. The original SDP Pre-Application was changed to ASW.   Let me know if you have any questions.   Respectfully,     Maria Martinez Program Coordinator Operations & Regulatory Management Office:239-252-2906 Maria.Martinez@colliercountyfl.gov   From: Brad Wester Sent: Friday, October 11, 2024 11:16 AM To: Lisa Blacklidge Cc: Sean Sammon ; Maria MarLnez ; ChrisLne Willoughby Subject: Re: Pre-ApplicaLon MeeLng PL20240011559 Costco Wholesale (SDP) 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. Lisa and Ray,   Good morning. Per the email below from Maria and my recent portal upload, I would like to request a waiver for the ASW pre-app review of this ASW for Costco Wholesale gas distance matter. We originally met in January to discuss the full scope of the project and required approval processes, which included a PDI and ASW. My team also met with Ray and Sean in late August to discuss further. Since then, my team has prepared each app, the PDI and ASW, and uploaded for review.   Please let me know. Thank you.   Brad   From: Maria Martinez Date: Friday, October 11, 2024 at 10:34 AM To: Brad Wester Subject: Pre-Application Meeting PL20240011559 Costco Wholesale (SDP) Good morning, I am reviewing your request for a Pre-ApplicaLon meeLng for Costco Wholesale (SDP). We have noLced that a previous Pre-ApplicaLon meeLng was held for the same project type under PL20240000445, but the applicaLon type selected was Auto Service StaLon Waiver. Would you like to request a waiver from the Planning Manager for the meeLng, or do you want to proceed with the Pre-ApplicaLon meeLng for the SDP? Respec_ully, 2 of 3 Page 336 of 6529  Maria Martinez Program Coordinator Operations & Regulatory Management Office:239-252-2906 Maria.Martinez@colliercountyfl.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. 3 of 3 Page 337 of 6529 Costco Wholesale ASW Summary December 2024 ASW REQUEST DETAILS 1. What is the extent of the waiver being requested (in linear feet) from the required 500-foot separation? (NOTE: This measurement is the shortest distance between the nearest points of any two lots occupied by an Automobile Service Station, or for which a building permit has been issued.) Response: The nearest Automobile Service Station to the subject property is located to the north at 8570 Collier Boulevard (CR-951), separated by Rattlesnake Hammock Road (CR- 864) approximately 132’ from the nearest points of each property line. 2. The Office of the Hearing Examiner may grant a waiver for part or all of the minimum separation requirements set forth in LDC subsection 5.05.05 B, if it is demonstrated by the applicant and determined by the Office of the Hearing Examiner that the site proposed for development of an Automobile Service Station is separated from another Automobile Service Station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements. Staff’s analysis and subsequent recommendation, and the Office of the Hearing Examiner’s determination, are based on the following criteria as provided by LDC section 5.05.05 B. Please provide a narrative, on a separate sheet attached to this application, describing how the waiver complies with the criteria listed below to the extent you wish as it pertains to the proposed use. a. Describe the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing Automobile Service Station which may, as determined by the reviewing body, lessen the impact of the proposed service station. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a four-lane arterial or collector right-of-way. Response: The proposed establishment and the existing Automobile Service Station to the north are separated by Rattlesnake Hammock Road (CR-864) right-of-way, a minimum 4-lane arterial. A feature significant to this separation request that should be considered is the proposed establishment is a Costco Wholesale member-based gas facility associated with the Costco Wholesale store. Furthermore, unlike the existing Automobile Service Station to the north, the proposed establishment is not a conventional automobile service station with gas, car wash and convenience store. b. Whether or not the Automobile Service Station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food, gasoline and other convenience items during daytime, nighttime, or on a 24-hour basis. Response: The proposed Automobile Service Station will be engaged in providing fuel for vehicles for members of Costco Wholesale commensurate with the wholesale store’s hours of operations. The fuel facility will not include a convenience store or car wash. c. Whether the Automobile Service Station is located within a shopping center primarily accessed by a driveway or if it fronts on and is accessed directly from a platted road right-of-way. Response: The proposed Automobile Service Station is located within a commercially designated parcel in a commercial area in the Hacienda Lakes MPUD, Page 338 of 6529 Costco Wholesale ASW Summary December 2024 which will be primarily accessed directly from two ingress/egress driveway locations on Rattlesnake Hammock Road (CR-864) and one ingress/egress driveway connection to the south to a shared circulation road with Physicians Regional Medical Center that provides several access connections to Collier Boulevard (CR- 951). d. Whether or not the granting of the distance wavier will have an adverse impact on adjacent land uses especially residential land uses. Response: Granting a distance waiver will not have an adverse impact on adjacent uses. The proposed Automobile Service Station is located within a commercially designated parcel in a developing commercial node in the Hacienda Lakes MPUD, a mixed-use PUD. The commercial parcels and the adjacent medical parcels are well planned to provide adequate separation and transition between various intensities and densities of uses. The vertical improvements, such as the Costco Wholesale building and gas canopy, will be located on the western portion of the parcel to be further separated from adjacent residential uses and the existing FPL powerline easement along the eastern edge of the parcel, which provides more separation and transition. Page 339 of 6529PL20240011790 Page 340 of 6529 GMCD Public Portal Land Development Code Administrative Code Addressing Checklist Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Applicant Contact Information *Name of Owner/Agent: Firm [if agent]: *Address: *City: *State: *ZIP: *Telephone: Cell: Fax: *E-Mail Address: Location Information *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: *Legal Description of subject property or properties [Attach list if necessary]: Street Address(es) where applicable, if already assigned: Addressing Checklist 6/14/2024 Page 1 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 341 of 6529Collier County Project Information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre-approval of project name and/or street name may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Submittal Requirement Checklist Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. ☒ List of additional folio numbers and associated legal descriptions. ☐ E-mail from Addressing Official for any pre-approved project and/or street names. ☐ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMCD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: Front.Desk@colliercountyfl.gov Addressing Checklist 6/14/2024 Page 2 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 342 of 6529 N Engineering & Design www.colliersengineering.com W E Copyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing and all the information contained herein is authorized for use only by the party for whom the services were contracted or to whom it is certified. This drawing may not be copied, reused, disclosed, distributed or relied upon for any other purpose without the express written consent of Colliers Engineering & Design. NORTH Doing Business as C O N S U L T I N G PROTECT YOURSELF ALL STATES REQUIRE NOTIFICATION OF R EXCAVATORS, DESIGNERS, OR ANY PERSON S PREPARING TO DISTURB THE EARTH'S SURFACE ANYWHERE IN ANY STATE Know what'sbelow. ___________________________ 132' FROM 7/11 Callbefore you dig. FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WWW.CALL811.COM DEPARTMENTAPPROVED: _______________________CITY OF OFCITY PITTSBURGH PLANNING CITY _______________________ PLANNING CHAIRMAN COMMISSION ATTEST: _______________________ _______________________SECRETARY RATTLESNAKE HAMMOCK ROAD CART CART DESCRIPTION . . . . . . . . . . . . . . . . . . . . CART DRAWN BY OUTPARCEL . . . . . . . . . . 581' FROM DATE ±4.1 ACRES . . . . . . . . . . CART REV CART CART RACETRAC CART V V V V V V V COLLIER BOULEVARD COLLIER V V V CART V V DESCRIPTION CART . . . . . . . . . . . . . . . . . . . . DRAWN BY . . . . . . . . . . DATE . . . . . . . . . . REV PROPERTY EASEMENT EXHIBIT FOR CITY OF NAPLES COLLIER COUNTY FLORIDA EXTON 410 Eagleview Boulevard, Suite 104 Exton, PA 19341 Engineering Phone: 610.254.9140 & Design COLLIERS ENGINEERING & DESIGN, INC. DOING BUSINESS AS MASER CONSULTING SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 09/06/24 TCM RTM REVIEWED BY: PTH PROJECT NUMBER: DRAWING NAME: 24000317A C-EXBT-PROP-EASE SHEET TITLE: PROPERTY GAS EXHIBIT 80 0 80 160 SHEET NUMBER: IMAGE SOURCE: GOOGLE EARTH PRO 2019 SCALE : 1" = 80' 1 of 1 2024\24000317A\Engineering\Exhibits\C-EXBT-PROP-EASE.dwg\C-01-PROP GAS EXBT By: TATE.MILLER 2024\24000317A\Engineering\Exhibits\C-EXBT-PROP-EASE.dwg\C-01-PROP NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 343 of 6529Page 344 of 6529Page 345 of 6529Page 346 of 6529Page 347 of 6529Page 348 of 6529Page 349 of 6529Page 350 of 6529Page 351 of 6529Page 352 of 6529*** OR 4870 PG 267 *** BEGINNING AT THE NORTHWEST CORNER OF THE WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 14; THENCE N.87°33'05"E., ALONG THE NORTH UNE OF SAID WEST HALF (W 1/2), FOR 328.53 FEET TO A POINT ON A CURVE; THENCE SOUTHWESTERLY37.86 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 2,530.00 FEETTHROUGH A CENTRAL ANGLE OF 00°51'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.29°51'33"W., FOR 37.86 FEET TO A POINT ON A UNE LYING 32 FEET SOUTHERLY OF AND PARALLEL TO SAID NORTH UNE; THENCE S.87°33'06"W., ALONG SAID PARALLEL UNE, FOR 280.05 FEETTO A POINT ON A UNE LYING 30 FEET EASTERLYOF AND PARALLEL TO THE WEST UNE OF SAID WEST HALF (W 1/2); THENCE S.00°47'14"W., ALONG SAID PARALLEL UNE, FOR 619.19 FEET; THENCE N.82°56'15"W., FOR 30.18 FEETTO A POINT ON SAID WEST UNE; THENCE N.00°47'14"E., ALONG SAID WEST UNE, FOR 646.24 FEETTO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. ALSO LESS AND EXCEPT THAT PORTION OF PARCEL 18, PARCEL 26 AND PARCEL 28 CONVEYED IN DEED RECORDED IN OFFICIAL RECORDS BOOK 4845, PAGE 1299, PUBUC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED PS FOLLOWS: A TRACT OR PARCEL OF LAND LYINGIN SECTION 14, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SECTION14, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THENCE N82°56'1S"W FOR 97.12 FEET; THENCE S89°03'05"W FOR 119.48 FEET; THENCE SS9°11'01"W FOR 156.55 FEET; THENCE S87°20'01"W FOR 339.63 FEET; THENCE S45°43'41"W FOR 110.07 FEET; THENCE N00°44'15"E FOR 35.34 FEET; THENCE N45°43'44"E FOR 94.58 FEET; THENCE N87°19'57"E FOR 342.93 FEET: THENCE NS9°11'01" E FOR 152.43 FEET; THENCE N69°02'3S"E FOR127 .82 LEFT; THENCE S82°56'15"E FOR 130.82 FEET; THENCE N00°47'00"E FOR 619.19 FEET; THENCE N87°33'06"E FOR 280.05 FEET, TO A POINT OF CURVATURE; THENCE 1264.72 FEET ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 2530.00 FEET, THROUGH A CENTRAL ANGLE OF 28°38'30", AND WHOSE LONGCHORD BEARS S15°06'33"W FOR A DISTANCE OF 1251.60 FEET, to A POINT ON THE EAST UNE OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEASTQUARTER (1 /4) OF SAID SECTION 14; THENCE ALONG THE EAST UNE OF THE SOUTHWEST QUARTER (1/4) OF THE SOUTHEAST QUARTER (1/4) OF SAID SECTION14, N00°47'14"E FOR 555.85 FEET,TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. Page 353 of 6529 4 1 RATTLESNAKE HAMMOCK RD COLLIER BVLD 1 2 3 2 3 4 MAYSEPTEMBER 2024 | CW20-0503 2024 | CW23-0757 | STONE MTN, | GA AERIAL MAP & PICTURES COLLIER COUNTY FL (SOUTH NAPLES) Page 354 of 6529 MAP OF SURVEY I N F O R M A T I O N O F F A C T THIS SURVEY WAS PREPARED WITH THE BENEFIT OF AMERICAN LAND TITLE ASSOCIATION COMMITMENT PREPARED BY "FIRST AMERICAN TITLE 1. THIS SURVEY AND PLAN IS BASED UPON THE FOLLOWING DATA AND/OR EXCEPTIONS: INSURANCE COMPANY", UNDER COMMITMENT NUMBER NCS-1199393-ATL, WITH A COMMITMENT DATE OF MAY 20, 2024 AT 07:30 AM. THE BELOW YES NO ITEM Engineering REFERENCED ITEMS ARE NUMBERED AS THEY APPEAR IN SCHEDULE B SECTION II OF THE TITLE COMMITMENT AS FOLLOWS: A.) OWNER X HACIENDA LAKES OF NAPLES, LLC. & Design SCHEDULE B-II EXCEPTIONS: B.) DEED OF RECORD X DEED BOOK 6170, PAGE 301 10. Matters shown on the Plat of Hacienda Lakes of Naples, recorded in Plat Book 55, Page 10; as affected by Scrivener's Affidavit recorded in Book 5154, X Page 316 of Official Records; as affected by Scrivener's Affidavit recorded in Book 5154, Page 318 of Official Records; as affected by Clerks Reference C.) FIELD SURVEY FIELD LOCATED ON 12/19/2023 www.colliersengineering.com Sheet recorded in Book 5024, Page 2448 of Official Records.(DOES AFFECT, PLOTTED) X D.) PLAT PLAT BOOK 55, PAGES 10 THROUGH 21, "HACIENDA LAKES OF NAPLES" Copyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing X and all the information contained herein is authorized for use only by the party for 11. The terms, provisions, and conditions contained in that certain Ordinance 75-20, by the board of County commissioners of Collier county, Florida, E.) TITLE REPORT FIRST AMERICAN TITLE INSURANCE COMPANY whom the services were contracted or to whom it is certified. This drawing may not recorded in Book 619, Page 1177 of Official Records; as affected by Ordinance 75-21, by the board of County commissioners of Collier county, Florida COMMITMENTS NUMBER: NCS-1199393-ATL be copied, reused, disclosed, distributed or relied upon for any other purpose recorded in Book 619, Page 1182 of Official Records. (DOES AFFECT, BLANKET IN NATURE) EFFECTIVE DATE: MAY 20, 2024 AT 7:30 AM without the express written consent of Colliers Engineering & Design. N X 12. Easement granted to Florida Power & Light Company by instrument recorded in Book 692, Page 774 of Official Records; as affected by Memorandum of F.) OTHER (SEE REFERENCES) Right-of-Way Consent Agreement recorded in Book 3857, Page 1047 of Official Records. (DOES AFFECT, PLOTTED) Doing Business as C O N S U L T I N G CERTIFIED TO : COSTCO WHOLESALE CORPORATION ENGINEERS + SURVEYING 13. Easement granted to Florida Power & Light Company by instrument recorded in Book 870, Page 343 of Official Records; as affected by Memorandum of FIRST AMERICAN TITLE INSURANCE COMPANY Right-of-Way Consent Agreement recorded in Book 3857, Page 1047 of Official Records. (DOES AFFECT, PLOTTED) HACIENDA LAKES OF NAPLES, LLC, A FLORIDA LIMITED LIABILITY COMPANY. PROTECT YOURSELF ALL STATES REQUIRE NOTIFICATION OF 2. AREAS: 14. Easement, granted from William Henry Martin and Inez L. Martin, his wife to Peter P. Hawryluk and Ann M. Hawryluk, recorded in Book 882, Page 1867 R EXCAVATORS, DESIGNERS, OR ANY PERSON TRACT G = 1,125,715.44 SQ. FT.± / 25.84 ACRES±. PREPARING TO DISTURB THE EARTH'S of Official Records. (DOES NOT AFFECT) SURFACE ANYWHERE IN ANY STATE 15. Covenants, Conditions and Restrictions as set forth in Warranty Deed recorded on September 10, 1999 as Book 2590, Page 2071, of Official Records, but 3. THIS IS TO CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS MAP OR PLAN IS THE RESULT OF A FIELD SURVEY PERFORMED ON 12/19/23, BY ME OR UNDER __________________________ MY DIRECT SUPERVISION, IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE "FLORIDA BOARD OF SURVEYORS AND MAPPERS." THE deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial INFORMATION DEPICTED HEREON, CORRECTLY REPRESENTS THE CONDITIONS FOUND AT, AND AS OF THE DATE OF THE FIELD SURVEY, EXCEPT SUCH IMPROVEMENTS OR status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). (DOES NOT AFFECT) FOR STATE SPECIFIC DIRECT PHONE NUMBERS W E EASEMENTS, IF ANY BELOW THE SURFACE AND NOT VISIBLE. ACCORDINGLY THE UNDERSIGNED PROFESSIONAL IS NOT RESPONSIBLE FOR THE PRESENCE OF UNDERGROUND VISIT: WWW.CALL811.COM UTILITIES OR STRUCTURES, IF SAME ARE NOT VISIBLE OR OTHERWISE DISCLOSED BY ANY AFOREMENTIONED DATA LISTED ABOVE. DEPARTMENTAPPROVED: CITY _______________________CITY PLANNINGOF OFCITY PITTSBURGH PLANNING COMMISSION ATTEST: _______________________ _______________________ CHAIRMAN 16. Covenants, Conditions and Restrictions as set forth in Warranty Deed recorded on March 18, 2003 as Book 3241, Page 3460, of Official Records, but _______________________SECRETARY deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial 4. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). (DOES NOT AFFECT) REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 5, 8, 11, 13, 14, OF TABLE A THEREOF, THE FIELDWORK WAS COMPLETED ON DECEMBER 19, 2023. 17. Terms and conditions of the Joint Access Easement Agreement between Vision & Faith, Inc., a Florida corporation and Collier HMA, Inc., a Florida corporation recorded in Book 3241, Page 3464 of Official Records; as affected by Amendment to Joint Access Easement Agreement recorded in Book 5. THE USE OF THE WORD "CERTIFY" OR "CERTIFICATION" CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THOSE FACTS OR FINDINGS WHICH ARE THE 4045, Page 2151 of Official Records. (DOES AFFECT, BLANKET IN NATURE) SUBJECT OF THE UNDERSIGNED PROFESSIONAL'S KNOWLEDGE, INFORMATION, AND BELIEF, AND IN ACCORDANCE WITH THE COMMONLY ACCEPTED PROCEDURE NORTH CONSISTENT WITH THE APPLICABLE STANDARDS OF PRACTICE, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED. 18. The terms, provisions, and conditions contained in that certain Environmental Resource Permit Notice by South Florida Water Management District, recorded in Book 3845, Page 2681 of Official Records. (DOES AFFECT, BLANKET IN NATURE) 6. THE LOCATION OF ALL UNDERGROUND UTILITIES AS SHOWN HEREON ARE APPROXIMATE AND ARE BASED ON VISIBLE ABOVE GROUND STRUCTURES. NO EXCAVATIONS S WERE MADE DURING THE PROGRESS OF THIS SURVEY TO LOCATE BURIED UTILITIES/STRUCTURES, ADDITIONAL BURIED UTILITIES/STRUCTURES MAY BE ENCOUNTERED, THE 19. The terms, provisions, and conditions contained in that certain Order of Taking, recorded in Book 3910, Page 3745 of Official Records; as affected by CONTRACTOR SHALL HAVE ALL UNDERGROUND UTILITIES FIELD VERIFIED BY THE PROPER UTILITY COMPANIES BEFORE ANY CONSTRUCTION BEGINS. Stipulated Final Judgment recorded in Book 4631, Page 1163 of Official Records. (DOES AFFECT, PLOTTED) 7. HORIZONTAL DATUM = FLORIDA STATE PLANE COORDINATE SYSTEM (FL S.P.C.S.) NAD 1983 EAST(2011 ADJUSTMENT) WAS ESTABLISHED AT THE PROJECT SITE BASED ON REAL 20. The terms, provisions, and conditions contained in that certain Notice of Environmental Resource or Surface Water Management Permit by the South TIME KINEMATIC (RTK) GPS OBSERVATIONS. Florida Water Management District, recorded in Book 4765, Page 504 of Official Records. (DOES AFFECT, PLOTTED) 8. VERTICAL DATUM = NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) WAS ESTABLISHED AT THE PROJECT SITE BASED ON A NGS BENCHMARK STAMP Y 526 WITH AN 21. Terms and conditions of the Assignment of Residential Development Rights between Swamp Buggy, Inc., a Florida not-for-profit corporation and ELEVATION OF 11.42' (NAVD88). Hacienda Lakes of Naples, LLC, a Florida limited liability company recorded in Book 4845, Page 1286 of Official Records. (DOES NOT AFFECT) 9. THE UNDERSIGNED PROFESSIONAL IS NOT QUALIFIED TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF WETLANDS AND/OR TOXIC WASTES. THEREFORE IT SHOULD 22. Terms and conditions of the Assignment of Residential Development Rights between Collier County Junior Deputies League, Inc., a Florida not-for-profit NOT BE ASSUMED OR CONSTRUED THAT ANY STATEMENT IS BEING MADE BY THE FACT THAT NO EVIDENCE OF WETLANDS OR TOXIC WASTES IS PORTRAYED HEREON. IT IS corporation and Hacienda Lakes of Naples, LLC, a Florida limited liability company recorded in Book 4845, Page 1290 of Official Records. (DOES NOT IN THE BEST INTEREST OF THE CLIENT TO PURSUE THESE MATTERS AS SEPARATE CONCERNS APART FROM THIS SURVEY. AFFECT) 10. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THE SURVEYOR. ALL INFORMATION REGARDING RECORD EASEMENTS, ADJOINERS, AND OTHER DOCUMENTS THAT 23. The terms, provisions, and conditions contained in that certain Notice of Department of the Army Permit, recorded in Book 4845, Page 2209 of Official MIGHT AFFECT THE QUALITY OF TITLE TO TRACT SHOWN HEREON WAS GAINED FROM A TITLE REPORT LISTED IN NOTE 1E ABOVE. Records. (DOES AFFECT, BLANKET IN NATURE) 11. THE PARCEL SHOWN HEREON LIES IN FLOOD ZONE "A, AE & X" PER THE FLOOD RATE MAP FOR COLLIER COUNTY, FLORIDA MAP NUMBER 12021C0606J, WITH A REVISION 24. The terms, provisions, and conditions contained in that certain Notice of Establishment of Hacienda Lakes Community Development District, recorded in DATE OF FEBRUARY 8, 2024 AS ESTABLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). ALL FLOOD ZONE LINES SHOWN HEREON WERE DIGITIZED FROM Book 4852, Page 1137 of Official Records; as affected by Amended and Restated Notice of Establishment of the Hacienda Lakes Community FLOOD ZONE MAP. COLLIERS ENGINEERING & DESIGN MAKES NO GUARANTIES OR WARRANTIES ON LOCATION ACCURACY. Development District recorded in Book 5500, Page 3229 of Official Records. (DOES AFFECT, BLANKET IN NATURE) 12. THIS PLAN IS MADE FOR AND CERTIFIED TO THE PARTIES NAMED HEREON FOR THE PURPOSE(S) STATED. NO OTHER PURPOSE IS INTENDED NOR IMPLIED. THE UNDERSIGNED 25. The terms, provisions, and conditions contained in that certain Declaration of Consent to Jurisdiction of Hacienda Lakes Community Development PROFESSIONAL IS NEITHER RESPONSIBLE NOR LIABLE FOR THE USE OF THIS PLAN BEYOND ITS INTENDED PURPOSE. District and to Imposition of Special Assessments, recorded in Book 4928, Page 3894 of Official Records. (DOES AFFECT, BLANKET IN NATURE) 14. BASIS OF BEARING: THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK RD. ALSO BEING THE NORTHERLY BOUNDARY LINE OF TRACT G HAVING A BEARING 26. Temporary easement granted to Taylor Morrison of Florida Inc., a Florida corporation, according to instrument recorded in Book 4938 page 2470 of OF : N00°51'39" E (RTK) DESCRIPTION Official Records. (DOES NOT AFFECT, PLOTTED) . . . . . . . . . . 15. WETLAND LINE SHOWN HEREON WERE PREPARED BY COLLIERS ENGINEERING & DESIGN ON DECEMBER 8, 2023. WETLAND LINE ARE PRELIMINARY AND WAITING FOR FINAL 27. The terms, provisions, and conditions contained in that certain Notice of Adoption of a Development Order, recorded in Book 4968, Page 860 of Official APPROVAL. Records. (DOES AFFECT, BLANKET IN NATURE) . . . . . . . . . . 16. SUBJECT PROPERTY ACCESS RIGHT OF WAY: "RATTLESNAKE HAMMOCK ROAD/CR 864" 28. Easement, granted from Hacienda Lakes of Naples, LLC to Embarq Florida, Inc., d/b/a CenturyLink, recorded in Book 5009, Page 1293 of Official Records. DRAWN BY 17. THE PROPERTY HEREON DESCRIBED IS THE SAME AS THE PERTINENT PROPERTY AS DESCRIBED IN FIRST AMERICAN TITLE INSURANCE COMPANY'S, COMMITMENT NO. (DOES AFFECT, PLOTTED) NCS-119939-ATL, WITH AN EFFECTIVE DATE OF NOVEMBER 6, 2023. . . . . . . . . . . 29. Easement granted to Florida Power & Light Company by instrument recorded in Book 5010, Page 833 of Official Records. (DOES NOT AFFECT, PLOTTED) DATE 30. Easement granted to Florida Power Corporation by instrument recorded in Book 5103, Page 569 of Official Records. (DOES NOT AFFECT) . . . . . . . . . . REV 31. The terms, provisions, and conditions contained in that certain Vacation of Dedicated Easement, recorded in Book 5154, Page 313 of Official Records. (DOES AFFECT, PLOTTED) 32. Easement, granted from Hacienda Lakes of Naples, LLC, a Florida limited liability company to Hacienda Lakes Community Development District, a TRACT G, HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN Community Development district formed and existing pursuant to chapter 190, Florida Statues, its successors and assigns, recorded in Book 5154, Page LOCATION MAP PLAT BOOK 55, PAGES 10 THROUGH 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY, 320 of Official Records; as affected by Amendment to Sign Easement recorded in Book 5363, Page 382 of Official Records. (DOES AFFECT, PLOTTED) (NOT TO SCALE) FLORIDA. 33. The terms, provisions, and conditions contained in that certain Notice of Hurricane Vulnerability Zone, recorded in Book 5451, Page 531 of Official LESS AND EXCEPT ANY PORTION THEREOF, CONVEYED TO MHP FL VII, LLLP, A FLORIDA LIMITED Records. (DOES AFFECT, BLANKET IN NATURE) LIABILITY LIMITED PARTNERSHIP BY VIRTUE OF THAT CERTAIN SPECIAL WARRANTY DEED, 34. The terms, provisions, and conditions contained in that certain Recorded Notice of Environmental Resource Permit, recorded in Book 5942, Page 2406 RECORDED IN BOOK 6170, PAGE 301 OF OFFICIAL RECORDS, OF THE PUBLIC RECORDS OF of Official Records. (DOES AFFECT, BLANKET IN NATURE) COLLIER COUNTY, FLORIDA. 35. Easement, granted from Dr. Charles V. Gnau and Elizabeth K. Gnau, et. ux. to Collier County, Florida, Recorded in 981,Ppage 296. (Does not affect) PARCEL 2: 36. Matters shown on the Plat of Cadenza at Hacienda Lakes of Naples, recorded in Plat Book 74, Page 16. (Does not affect) EASEMENTS AND OTHER INTERESTS IN REAL PROPERTY AS SET FORTH IN THAT CERTAIN JOINT ACCESS EASEMENT AGREEMENT BETWEEN VISION & FAITH, INC., A FLORIDA CORPORATION 37. Easement, granted from Collier HMA Inc. to Collier County, Florida, recorded in Book 3958, Page 2205 of Official Records. (Does not affect) AND COLLIER HMA, INC., A FLORIDA CORPORATION RECORDED IN BOOK 3241, PAGE 3464 OF OFFICIAL RECORDS; AS AFFECTED BY AMENDMENT TO JOINT ACCESS EASEMENT AGREEMENT 38. Easement, granted from Sembler Family Partnership #42, ltd. to Collier HMA Inc., recorded in Book L E G E N D RECORDED IN BOOK 4045, PAGE 2151 OF OFFICIAL RECORDS. 4045, Page 2113 of Official Records. (Did affect at one time, however, expired November 30, 2006) 39. Riparian rights are not guaranteed or insured. Title to no portion of the herein described land lying - INDICATES MAG NAIL & DISK FOUND, UNLESS OTHERWISE NOTED below ordinary high water mark is hereby insured. - INDICATES REBAR W/ CAP FOUND, UNLESS OTHERWISE NOTED 40. Riparian and/or littoral rights are not insured. PRELIMINARY 41. ALTA/NSPS Land Title Survey prepared by Colliers Engineering & Design under certification and seal - INDICATES CONCRETE MONUMENT FOUND of Charles D. Ferraro, Florida Registered Land Surveyor No. 4768, dated February 14, 2024, last ALTA/NSPS LAND TITLE revised _______, 2024, designated as Project Jo. 21007015A, discloses the following matters: none BOUNDARY & TOPOGRAPHIC - INDICATES REBAR W/ CAP OR MAG NAIL SET, UNLESS OTHERWISE NOTED SURVEY NOTE: ALL OF THE RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED. ANY REFERENCE HEREIN TO A BOOK AND PAGE IS A REFERENCE TO THE OFFICIAL RECORD BOOK OF SAID COUNTY, UNLESS FOR INDICATED TO THE CONTRARY. 18" REBAR WITH PLASTIC CAP PURSUANT TO SECTION 6(C)(ii) OF THE MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS (EFFECTIVE DATE 2021) DETAIL COLLIERS ENGINEERING & DESIGN HAS PLOTTED ANY RIGHTS OF WAY, EASEMENTS AND SERVITUDE'S BURDENING THE SURVEYED PROPERTY AS IDENTIFIED IN THE TITLE INSURANCE COMMITMENT PROVIDED BY THE CLIENT OR OBTAINED BY THE SURVEYOR AND STATED IF EACH IS “SHOWN” OR “NOT SHOWN” ON THE SURVEY. THIS CLIENT HAS REQUESTED THAT THE SURVEYOR STATE IF, AS AN OPINION, THE RIGHTS OF WAY, EASEMENTS AND SERVITUDE “AFFECT” OR “DO NOT AFFECT” THE SUBJECT PROPERTY. THESE OPINIONS ARE NOT TO BE CONSIDERED TO BE MADE WITH ANY LEGAL EXPRISE AND SHOULD BE REVIEWED BY CLIENT'S LEGAL REPRESENTATIVE TO VERIFY VALIDITY PRIOR TO RELYING ON THOSE STATEMENTS. TRACT G PLAT BOOK 55, PAGES 10 THROUGH 21 SEC. 23, TWS 50 SOUTH, RANGE 26 EAST CITY OF NAPLES COLLIER COUNTY FLORIDA TAMPA 7284 West Palmetto Park Rd Suite 201-S Boca Raton, FL 33433 ALTA/NSPS LAND TITLE BOUNDARY AND TOPOGRAPHIC SURVEY Engineering Phone: 561.717.6496 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL & Design COLLIERS ENGINEERING & DESIGN, INC. OF A FLORIDA LICENSED SURVEYOR AND MAPPER DOING BUSINESS AS MASER CONSULTING S U R V E Y O R ' S C E R T I F I C A T E THIS CERTIFIES THAT THE SURVEY REPRESENTED HEREON WAS PERFORMED UNDER SCALE: DATE: DRAWN BY: CHECKED BY: MY DIRECT SUPERVISION AND MEETS THE STANDARDS OF PRACTICE SET AS SHOWN 01/03/2024 KE REVIEWED BY: FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS CHAPTER PTH FL 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA PROJECT NUMBER: DRAWING NAME: STATUES, AND THAT THE SKETCH HEREON IS A TRUE AND ACCURATE REPRESENT- 21007015A V-SURV ATION THEREOF TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUBJECT TO NOTES FIELDPAGE:XX BOOK: AND NOTATIONS SHOWN HEREON. SHEET TITLE: BOUNDARY AND FO TOPOGRAPHIC SURVEY CABX SHEET NUMBER: H Y D DATE OF CHARLES D. FERRARO - REGISTERED LAND SURVEYOR 01 FIELD SURVEY: 02/14/2024 FLORIDA CERTIFICATION NO. 4768 of 02 UNAUTHORIZEDONLY MAPS WITH ALTERATION THE LAND SURVEYOR OR ADDITION OR PROFESSIONALTO A SURVEY OR ENGINEER'S ENGINEERING SEAL MAP ARE BEARING GENUINE A TRUE LICENSED AND CORRECTLAND SURVEYOR COPIES OROF THEPROFESSIONAL LAND SURVEYOR ENGINEER OR PROFESSIONAL IS A VIOLATION ENGINEER’S OF SECTION ORIGINAL 7209, SUB-DIVISION WORK AND 2,OPINION. OF THE NEW YORK STATE EDUCATION LAW. 2021\21007015A\Survey\Plans\V-SURV.dwg\SURVEY NOTES PG 1 By: DFERRARO NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 355 of 6529 H RATTLESNAKE HAMMOCK ROAD/CR 864 Y D H D H Y Y D TEPED Engineering & Design www.colliersengineering.com Copyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing G and all the information contained herein is authorized for use only by the party for whom the services were contracted or to whom it is certified. This drawing may not be copied, reused, disclosed, distributed or relied upon for any other purpose without the express written consent of Colliers Engineering & Design. FO G G Doing Business as C O N S U L T I N G TEPED ENGINEERS + SURVEYING PROTECT YOURSELF ALL STATES REQUIRE NOTIFICATION OF R EXCAVATORS, DESIGNERS, OR ANY PERSON PREPARING TO DISTURB THE EARTH'S SURFACE ANYWHERE IN ANY STATE __________________________ FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WWW.CALL811.COM DEPARTMENTAPPROVED: CITY _______________________CITY PLANNINGOF OFCITY PITTSBURGH PLANNING COMMISSION ATTEST: _______________________ _______________________ CHAIRMAN _______________________SECRETARY TEPED E FO E E DESCRIPTION . . . . . . . . . . . . . . . . . . . . DRAWN BY TEPED . . . . . . . . . . H DATE Y D W . . . . . . . . . . REV COLLIER BOULEVARD (COUNTY ROAD 951) CURVE DATA PRELIMINARY ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR N PORTION TRACT G PLAT BOOK 55, PAGEs 10 THROUGH 21 SEC. 23, TWS 50 SOUTH, FO TEPEDTEPED G RANGE 26 EAST E TEPED TEPED W E CITY OF NAPLES TEPED COLLIER COUNTY H Y D FLORIDA NORTH HOLMDEL (Headquarters) G 101 Crawfords Corner Road, Suite 3400 H TEPED Y D TEPED Holmdel, NJ 07733 S Engineering Phone: 732.383.1950 COLLIERS ENGINEERING & DESIGN, INC. & Design DOING BUSINESS AS MASER CONSULTING 60 0 60 120 SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 01/03/2024 KE XXX REVIEWED BY: SCALE : 1" = 60' PTH Linear unit of measure: US Survey Foot (1 ft = 1200/3937 m) FL PROJECT NUMBER: DRAWING NAME: 21007015A V-SURV FIELDPAGE:XX BOOK: SHEET TITLE: ALTA/NSPS FO LAND TITLE SURVEY CABX SHEET NUMBER: H Y D 02 of 02 UNAUTHORIZEDONLY MAPS WITH ALTERATION THE LAND SURVEYOR OR ADDITION OR PROFESSIONALTO A SURVEY OR ENGINEER'S ENGINEERING SEAL MAP ARE BEARING GENUINE A TRUE LICENSED AND CORRECTLAND SURVEYOR COPIES OROF THEPROFESSIONAL LAND SURVEYOR ENGINEER OR PROFESSIONAL IS A VIOLATION ENGINEER’S OF SECTION ORIGINAL 7209, SUB-DIVISION WORK AND 2,OPINION. OF THE NEW YORK STATE EDUCATION LAW. 2021\21007015A\Survey\Plans\V-SURV.dwg\V-02-SURVEY By: DFERRARO NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 356 of 6529 EXISTING NAPLES COSTCO 12.7 MI. / 23 MIN FROM PROPOSED EXISTING SARASTOA COSTCO 108 MI. FROM PROPOSED 12.7 MI. / 23 MIN EXISTING PALM BEACH COSTCO 149 MI. FROM PROPOSED EXISTING FORT MYERS COSTCO 31.5 MI. FROM PROPOSED PROPOSED NAPLES COSTCO EXISTING MIAMI COSTCO 96.9 MI. FROM PROPOSED COSTCO WAREHOUSES IN SOUTH FLORIDA COSTCO WAREHOUSES IN NAPLES FLORIDA PROXIMITY MAP JULYAPRIL 2024 2024 | |CW23-0757 CW23-0567 | | SOUTH ALLEN, NAPLES, TEXAS FL PG 1 of 11 Page 357 of 6529 COSTCO WHOLESALE NEIGHBORHOOD INFORMATION MEETING Date: February 18th, 2025 Time: 6:00 PM – 7:00 PM Meeting called to order by: Brad Wester, DMH&D IN ATTENDANCE • John Alvarado & Jim Ostrowski- Costco Wholesale representatives • Brad Wester – Driver McAfee Hawthorne & Diebenow (Agent) • David Torres – Hacienda Lakes of Naples, LLC (subject property owner) • Chris Riggle, PE - Colliers Engineering & Design (Civil Engineering) • Ryan Cunningham, PE – Kittleson & Associates (Traffic Engineering) • Juan Zapata – Ware Malcomb (Architectural) • Collier County planning department staff members • Laura Layden (attended virtually on the Microsoft ‘Teams’ video/audio link) • General public, news media, local residents & other community participants • Security personnel and owners of the Swamp Buggy Race/Rec Park facility MEETING MINUTES* Introduction by Brad Wester setting the tone as a recorded public meeting workshop (not a public hearing, but a Neighborhood Information Meeting) as part of the requirement to the group in attendance. Explanation of format of the meeting and timeframe. Identify the six graphic display boards showing project maps and details in the room. Frank Cipolla, the local opposition organizer spoke and thanked the crowd for the turnout and generally echoed what Brad said. Explanation that the facility is for a new Costco Wholesale store with gas on a site that is already commercially zoned for the use. The reason for NIM meeting is explain and present: 1. slight waivers/modifications to PUD Hacienda Lakes Development 2. gas facility within 500 feet of another gas facility (7-eleven) – requires waiver and public notice. This one is a member-only gas facility for Costco, unlike the 7-eleven. 1 Page 358 of 6529 QUESTIONS & ANSWERS Community member question (Q)– if you do not get the variance for gas use, will it kill the project? Team Answer (A) – right now it’s early in the process, going though comments Q – 135/140 feet from 7-eleven how will you get that waiver granted? A – Local law requires a 500ft separation, but the process allows the application/request to the county to review of all elements for a waiver. The difference is that this is a member-based service. Q - # of people/patrons getting fuel? Staffing A – that has been programmed into the design for maximum efficiency regarding cars using the facility – traffic and civil engineer in attendance to answer if needed. Q – how many lanes will it be? A – 12 fuel pumps double sided, to avoid line issues and maximize flow of vehicles. Q – where will queuing cars go? A – designed to hold 70 vehicles on site in the queuing lanes. Q – concern RE environmental impact of fueling/ gas facility, doesn’t matter how many cars there are. A – we are adhering to all the federal and local requirements. Q – concern of single entrance and exit and concerns of accidents A – there will be multiple access points to the main roadways. Q – seems like too much in one place A – it’s a commercially zoned site for this type of use already, inherently it comes with need for multiple access points, currently we have 3 – pointed to on physical maps. Q – elementary school nearby? A – cannot comment because not family with the specifics of the school– but it is a factor to the accepted traffic methodology current in review by the county. Q – why Costco has to go here? Is your reward predicted on Costco building in the Hacienda development? It seems ludicrous to take a facility like that with a service station and large building into this small property with 3,000 apartments being built with larger homes, there is larger property on Rt 41 South on way to Goodland where there is public complex. Recommended 2nd site on Collier Blvd as perfect place. Your 3rd entrance has been denied so there are only 2, the hospital should be against this for emergency vehicle access. A - this site is already commercially zoned, that’s one factor, Costco puts a lot of resources into research of the best locations for growth to provide best services and access to members. This is an ideal location for Costco Q – gas facility in proximity to another gas facility 2 Page 359 of 6529 A – this gas facility comes with the Costco store, its not abutting the other gas facility, its across the street and it is member based and not public open. Q – when was the last traffic impact study done regarding this and will there be another study be done? How will you address the amount of traffic that is coming? A – last traffic study was submitted in January. is currently in review and going back and forth with county comments. This site is already zoned commercial, its already programmed for a retail store like this. Q – how many people go through Costco in a day? A – traffic wise we anticipate 4500. Q – if you don’t get the waiver? A – its too early to say regarding the waiver, it still has to go through the full process Q – have you taken into account that there are 2 story apartments, nursing homes, etc. in the driving study? A – yes Q – Will there be another community meeting related to the waiver? A – going through the waiver process now, comments and responses, requesting this use specifically, there will be public hearings and there will be more information and detail on landscape, traffic, lighting, etc presented as part of the application details and hearing stage. Q – is there a way to get the gas station without the waiver? A – only if over 500 ft away per code. Q – is there a way to get that distance? A – may be a way to flip the plans, orientation and wayfinding is key to the site for Costco for the consumer, they’re going through the best plan possible now with the current orientation. Q – 500ft regulation is that for a safety concern? A – don’t have an answer but will find out Q – if you can get a waiver on safety. A – safety is # 1 for Costco too. Q – amount of traffic and trips on roadway A – traffic study is in the county’s hands and is public record, going back and forth on comments and responses Q – who do we go to for due process to provide their comments? A – staff, local elected officials and boards. Q – traffic concern, is a county comment – events in area create traffic that blocks the residents, and the road needs to be widened with a light there, she doesn’t have a problem with Costco but big concern for traffic 3 Page 360 of 6529 A – going through the process now with county staff for facility Q – traffic – how come study is at specific seasonal time? A – we have a methodology for studies, they followed that process. Q – traffic study – a lot of the new growth was not built yet A – factors of traffic study account for all uses, which started last May (2024) and submitted in Jan (2025). Q – traffic – appreciate studies done but don’t believe it to be accurate since the growth A – traffic methodology is agreed upon from the state level, not by us and going through comments and responses Q – about square footage A – it’s already approved in the PUD, as well as the access points, we are not increasing what is already allowed as square footage, or the use, its already defined as a specific commercial activity center, turn lanes and deceleration lanes are also included Q – 1 – are you looking for any other locations in SE Naples? Q – wouldn’t it be better south of that on E 41? Q – 2 – never seen stand alone Costco, usually in midst of other residential community like this. A – this is the site we are here to talk about tonight Q – why does Costco want to build there? A – Costco has a lot of resources in selecting a site, density, permissibility, and many other factors, this was an optimal site based on emerging growth and existing Costco in the area. They assess many factors. The biggest element is that it is already zoned for commercial use activity. Q – what is the effect of Costco for property values? A – don’t have an answer to property valuation that based on commercial use going into commercial property Q – about the study of environmental aspects, has Costco studied that? A – yes not only in the beginning, but Costco is always in compliance with all regulations federal, and state, unlike other facilities – its tied to operation of store so gas facility closes when the store closes. Q – gas facility on map A – infrastructure looks bigger but its built on whats there. Idk what hes saying less pumps for gas, not typical gas station, latest technology Q – construction vehicles entering and exiting site? A – dedicated loading facility and loading vehicles with products at night not during operating hours, they have it down to a science, its not in street, showed on map, regarding construction. Q – descriptions on delivery times? 4 Page 361 of 6529 A – only at night, during closed hours, not operating hours, you won’t see it from residential areas. Regarding construction – there is an element to the construction plan for maintenance of MOT – maintenance of traffic. I don’t have an answer of where it is but there is a specific plan. Q – children, grandchildren – how would you like 4500 cars daily – did you study the height of the traffic and emissions? A – study of cars emissions are not part of the study, different regulations for Naples than California. ANNOUNCEMENT TO WRAP UP MEETING DUE TO TIME EXPIRATION IN RESERVED ROOM *Meeting minutes are generalized and paraphrased. An audio recording of this meeting is also provided. 5 Page 362 of 6529Page 363 of 6529 The public is invited to attend a Neighborhood Information Meeting to discuss the proposed Costco Wholesale store and gas facility on: February 18, 2025, beginning at 6:00pm, at The Florida Sports Park Reception Hall, located at 8520 Rattlesnake Hammock Road, Naples, FL 34114, (the location of the World Famous Swamp Buggy Races). Formal applications have been submitted to Collier County seeking approval for the following: Insubstantial Change to Planned Unit Development (PDI- PL#20240011559) and Auto Service Station Waiver (ASW- PL#20240011790). The request is for a PDI (PL#20240011559) for relief from certain standards and an ASW (PL#20240011790) for a gas distance separation waiver for the development of a new Costco Wholesale store and gas facility located generally at the southeast corner of Rattlesnake Hammock Drive and Collier Boulevard on approximately 25-acres (County Parcel ID# 48586002021) in the Hacienda Lakes Mixed Use Planned Unit Development (MPUD). Project Location Map On-line participation in the meeting will be made available by request. If you have questions related to the project or would like to participate virtually, please contact the agent for the Costco Wholesale matters listed below. Bradley C. Wester Driver McAfee Hawthorne & Diebenow, PLLC. One Independent Drive, Suite 1200 Jacksonville, Florida 32202 904-301-1269 bcw@drivermcafee.com Page | 1 Page 364 of 6529 Page 365 of 6529Page 366 of 6529Page 367 of 6529Page 368 of 6529Page 369 of 6529Page 370 of 6529Page 371 of 6529Page 372 of 6529Page 373 of 6529Page 374 of 6529Page 375 of 6529Page 376 of 6529Page 377 of 6529Page 378 of 6529 GIS PROCESSING REQUEST (Property Notification Address Listing) Lists do not include Civic or Homeowner Associations. Submit completed form to DL-GMDNorthGIS@colliercountyfl.gov Please allow 3-5 business days for your request to be completed. NOTE: Incomplete or altered forms will not be accepted. Request Date: NIM Date (if scheduled): AGENT/APPLICANT INFORMATION Name of Agent/Applicant: Business: Telephone #: E-Mail: SITE LOCATION INFORMATION PL Number (required): Folio Number(s) of Property: and/or PUD Name (required) Buffer Distance Around Site Location (select one): [ ] 150 ft [ ] 500 ft [ ] 1,000 ft [ ] 1 Mile Properties Included (select all applicable): [ ] Internal [ ] External REQUESTED PRODUCTS Results: [ ] Names and Addresses Only [ ] Names, Addresses, and Property Descriptions Product(s) and Processing Fees [ ] Spreadsheet (MS Excel, Electronic) $70.00 [ ] Mailing Labels (Printed) $80.00 + $0.06 for every record over 1,500 [ ] Spreadsheet and Mailing Labels $85.00 + $0.11 for every record over 1,500 ADDITIONAL INFORMATION Disclaimer: The data used in this request belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided. As such, Collier County and its employees make no guarantees, implied or otherwise as to the accuracy or completeness. Collier County therefore do not accept any responsibilities as to its use. Page 379 of 65298360 SIERRA MEADOWS MOB LLC CCMR RESPONSIVE LLC COLLIER CNTY 841 PRUDENTIAL DR #200 RLC RESPONSIVE LLC TRANSPORTATION RIGHT-OF-WAY JACKSONVILLE, FL 32207---0 RLC RESPONSIVE PARTNERS LLC 2885 HORSESHOE DRIVE S ATTN: BARRY J HASKELL NAPLES, FL 34104---0 9777 VITRAIL LN DELRAY BEACH, FL 33446---0 COLLIER CNTY COLLIER CNTY COLLIER HMA INC TRANSPORTATION RIGHT-OF-WAY TRANSPORTATION RIGHT-OF-WAY % ALTUS GROUP 2885 HORSESHOE DRIVE S 2885 HORSESHOE DRIVE S PO BOX 92129 NAPLES, FL 34104---0 NAPLES, FL 34104---0 SOUTHLAKE, TX 76092---0 HACIENDA LAKES OF NAPLES LLC HACIENDA LAKES OF NAPLES LLC HACIENDA LAKES OF NAPLES LLC 7742 ALICO RD 7742 ALICO RD 7742 ALICO RD FORT MYERS, FL 33912---0 FORT MYERS, FL 33912---0 FORT MYERS, FL 33912---0 HACIENDA LAKES OF NAPLES LLC HAMMOCK PARK DEVELOPMENT LLC HAMMOCK PARK RESIDENTIAL LLC 7742 ALICO RD 7742 ALICO ROAD 7742 ALICO ROAD FORT MYERS, FL 33912---0 FT MYERS, FL 33912---0 FT MYERS, FL 33912---0 HAMMOCK WOODS LLC HAMMOCK WOODS LLC MHP FL VII LLLP 12580 UNIVERSITY DR STE 102 42 BARKLEY CIR STE 3 601 BRICKELL KEY DR # 700 FORT MYERS, FL 33907---5686 FORT MYERS, FL 33907---4543 MIAMI, FL 33131---0 MHP FL VII LLLP PX REALTY LLC RACETRAC INC 601 BRICKELL KEY DR #700 5355 TOWN CENTER RD #430 ATTN PROPERTY TAX DEPT MIAMI, FL 3313---0 BOCA RATON, FL 33486---0 200 GALLERIA PARKWAY SE STE 900 ATLANTA, GA 30339---0 RACETRAC INC S-H NAPLES DEVELOPMENT SIERRA MEADOWS PROPERTY ATTN PROPERTY TAX DEPT PROPCO LLC OWNERS ASSN INC 200 GALLERIA PARKWAY SE % DISCOVERY MANAGEMENT GROUP 24600 S TAMIAMI TRL # 212 STE 900 27599 RIVERVIEW CENTER BLVD BONITA SPRINGS, FL 34134---0 ATLANTA, GA 30339---0 STE 201 BONITA SPRINGS, FL 34134---0 SIERRA MEADOWS PROPERTY INC SIERRA MEADOWS PROPERTY INC TCW 2082 LLC 12580 UNIVERSITY DR STE 102 12580 UNIVERSITY DR STE 102 2082 TRADE CENTER WAY FORT MYERS, FL 33907---5686 FORT MYERS, FL 33907---5686 NAPLES, FL 34109---0 TRACT L DEVELOPMENT LLC 7742 ALICO ROAD FORT MYERS, FL 33912---0 Page 380 of 6529 . l s a e i c c r i f u f 0614S o o s e e r h t c 7 i e r g 23 a o 1 l 4 S 7 O s o 7 TRACT 4 T TRACT L23 TRACT OS2 p e FD-1 TRACT R C TRACT L-1 D A a a OAD 2 MMOCK R A 5 E HA R RATTLESNAK TRACT L23A 1 2 3 4 T h TRACT R1 4 O M 2 R 7 A c TR Z r AC K U D T O y 23 14 1 2 C R t 2 A a 14 12 E RIVE i 12 O SAINT LUCIA D l O 11 13 MM W i r 14 1 15 RATTLESNAKE HA R A S 16 3 Y b o S O O A T 4 AC 103 102 101 100 T a Z 17 TR c C 4 7 i N 1 b TRACT E A Y r E 1 7 R TRACT L1 12 o 1 A T 12 0 O D 10 2 4 o TRACT A 2 r 5 T t W A 170 10 5 C C P s 9 E A 169 1 i TRACT 18 06 R L 171 l 168 5,6,7,8,10,11,12,13 T h L1 1 A 8 0 T 7 I a 19 167 TRACT A 172 R TRACT L24 V 10 A c g MPUD 166 8 i 7 C 20 TRACT 1 T n 165 173 09 g i HACIENDA LAKES AL T LEGRO WAY O t 6 L2 11 o R 21 164 5 0 l 174 9 a U 111 o DRI O PDI n 14 5 22 163 1 14 1 C 175 112 e g TRACT G 178 i 4 E 23 162 177 a 113 R 179 TRACT L24A s T 176 h O I R 114 e 3 24 161 5 c TRACT D G U r 180 115 d T TRACT B TRACT C G O 6 2 25 160 C N A 6 A 11 e / E M 181 1 26 A 7 c L 11 M c 159 TRACT L6 i r L E 27 I 182 8 r 11 u S TRACT 158 V 431 o E 9 A 432 11 o t L3 S 183 E 157 433 0 s 2 s 1 i 14 434 T 83 14 184 r 1 156 a 12 y 435 c TRACT C1 H 2 t t 1 185 436 2 82 29 155 O 1 E 1 4 3 n 2 42 5 437 430 2 IV e 41 40 39 38 1 81 2 30 154 186 Y 429 4 R u A 2 37 36 35 34 33 1 h 32 31 438 W 428 5 D ) 2 S o 43 153 187 O 1 6 AIN A 1 427 T V 2 T R 1 7 L D 5 I 439 426 U A 188 A 2 8 C C N 9 1 9 I . L 2 44 A L 425 1 2 0 . 6 1 D O L 189 O 1 3 E 2 72 440 3 R 1 D R V PALACIO TERRAC 1 3 3 IV . E NORTH 1 E & 424 11 3 4 E 45 T 190 . 71 1 3 R C 441 5 S 1 P ( W 3 . 70 1 6 E 191 3 F A Tract L7 4 T 46 69 1 1 7 423 R ' 59 60 61 2 3 D 62 63 66 68 Y 442 A W 64 65 67 C 1 8 0 4 3 N N R 1 T 1 7 47 3 9 E O 3 7 2 4 A 422 L 1 1 58 5 6 443 4 8 1 0 C V 1 4 2 2 A 48 4 1 1 A E 4 6 6 N 4 1 L R 2 57 VIALE CIRCLE 1 4 0 6 0 A 5 1 U 49 R TRACT "L4" 3 4 C 4 4 E 1 1 1 O 1 4 6 4 4 1 4 4 T 3 11 1 4 4 B 3 1 50 56 2 1 1 7 2 4 8 0 9 1 5 1 0 O 4 R 3 1 51 I 40 TRACT L22 E 9 C I 55 T 6 75 74 73 R 4 14 L 76 T PUD A 86 85 84 83 82 81 80 79 78 77 OU 0 C 8 R 47 L 52 A 4 L TRACT A OS A 1 R 0 12 4 7 C A 54 O T 4 0 P 6 C 0 O COLLIER REGIONAL MEDICAL CENTER 53 4 3 4 4 5 4 4 3 0 8 S 0 _ 0 0 0 3 9 4 3 3 2 0 1 9 3 ACE SOUTH 3 8 _ RR PALACIO TE 4 4 3 1 3 _ 8 SV 5 _ 327 3 8 8 8 9 9 6 _ 104 105 106 297 TRACT L21 93 94 95 96 97 98 99 100 101 102 103 3 87 88 89 90 91 92 8 13 _ 326 7 E 298 E 3 3 L _ L 13 4 8 7 3 C 8 C 3 1 _ 325 R 8 O I 3 4 R 9 3 T 4 3 3 3 3 9 I 3 3 3 3 299 C C _ 3 9 9 9 9 9 0 9 9 9 A 4 1 TRACT L5 3 2 C 4 5 E 6 2 8 7 R T _ 324 L 3 45 T E 3 R 1 A 4 300 I 12 _ 8 1 A L 8 V 3 4 C A _ 323 9 9 T I 0 6 1 1 1 1 4 1 3 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 0 1 1 0 0 T 1 10 SO COUR 3 O 1 MO 1 PRO 1 301 V 1 10 1 1 1 1 1 2 _ 2 2 2 2 2 2 2 9 9 2 2 8 7 0 1 2 3 3 4 6 5 1 9 8 7 0 5 2 1 9 4 3 6 8 7 3 5 3 7 _ 322 4 3 8 3 212 3 13 3 3 3 3 9 3 3 T L1 3 3 TRAC 3 3 3 3 7 3 3 3 302 2 2 6 13 _ 5 4 3 2 0 1 9 213 8 _ 321 348 214 303 10 _ 10 L LUCELLO TERRACE NORTH 215 U 9 _ 34 C 8 8 320 E 304 216 1 1 1 1 1 TRACT L21A 1 1 _ 1 1 1 1 1 L 1 1 1 1 1 1 1 4 5 5 1 4 5 1 4 4 1 4 4 4 4 4 5,6,7,8,10,11,12,13 4 L 1 3 0 3 3 3 3 3 9 0 1 5 3 8 2 3 3 6 7 3 5 4 1 2 3 217 0 3 9 O 4 5 8 6 7 3 2 1 319 TRACT O16 0 305 R 218 T 1 8 8 E 1 MPUD 7 R 5 E 3 3 3 3 3 3 3 3 3 3 6 3 3 O 219 318 3 3 5 R 3 5 5 3 3 5 5 O 5 5 5 5 HACIENDA LAKES 6 6 6 306 6 6 6 2 6 6 3 1 O 5 4 1 6 A 1 8 7 1 1 T 9 1 0 1 1 2 1 1 4 3 2 T 5 TRAC2 T O2 3 H 7 6 2 2 9 2 9 2 2 9 9 2 9 2 2 9 9 2 C 9 0 C 220 T 0 0 0 0 0 2 0 0 C 3 0 5 4 1 0 6 1 8 7 9 0 2 1 E 4 3 5 A C 7 6 8 0 9 1 T A 317 DRI R A 296 221 W R T R 1 T E T O 222 ACT O8 TRACT O9 S TR OMOSO COURT PR T 3 3 3 3 3 3 3 P 3 CT A 223 SOUTH 3 3 TRA CE 1 _ RA LO TER 1 1 1 EL 0 1 1 LUC 1 0 0 6 TTRVC 3 3 4 5 1 9 0 2 3 3 3 7 8 3 3 3 3 3 3 3 3 3 8 3 3 7 8 8 7 7 7 _ 7 224 7 7 7 7 7 6 6 2 9 0 1 8 2 6 7 2 5 2 2 3 4 2 2 2 0 1 2 2 2 8 9 2 2 2 2 4 2 2 4 2 4 4 2 2 4 2 4 2 3 4 4 _ 3 3 3 3 3 3 7 3 6 225 3 3 4 5 2 3 2 2 9 0 1 8 6 7 5 3 4 2 0 1 9 8 _ 226 VIALE CIRCLE 9 TRACT O15 4 _ 227 11 _ 2 11 2 2 TRACT O7 TRACT O14 _ 9 0 11 _ JOHN'S ROAD _ 2 9 / _ _ 3 _ 2 _ / _ 7 _ 0623S _ _ _ _ 4 8 6 0 3 G 1 3 9 1 0 2 3 - THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE 0 - - - 8 2 - 1 4 2 4 5 6 2 2 1 8 1 4 N - 2 - - - 1 1 1 2 I 1 9 1 - - - 4 6 - 1 OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED 0 X 1 0 1 0 2 - X X X X E N 2 2 E E E E 2 H BY REFERENCE BY ORDINANCE NO. 04-41 OF THE 6 H H H H SUBDIVISON INDEX O 4 4 1 7 7 1 9 4 3 COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, 4 Z 6 0 7 5 1 0 4 0 3 2 1 4 1 1 4 3 0 7 9 1 6 6 COLLIER COUNTY, FLORIDA - - - NO. NAME P.B. Pg. 0 NO. NAME P.B Pg. - 2 7 8 8 2 6 6 : 1 - AS AMENDED BY THE ZONING NOTES AND SUBDIVISION 1 2 R R 9 2 2 1 1 - 9 2 1 - - - - - 8 - A A - R 2 4 4 5 0 3 - - N - L 11 ESPLANADE AT HACIENDA LAKES PHASE 4 64 81-86 R 1 1 1 2 2 INDEX REFERENCED HEREON. 1 ESPLANADE AT HACIENDA LAKES PHASE ONE 55 1-9 3 6 A - - - - - L P - C A 0 0 - - - - L L L L L O 12 AZURE AT HACIENDA LAKES - PHASE 1 REPLAT 65 52-56 6 2 HACIENDA LAKES OF NAPLES 55 10-21 P 9 - - 6 I COMMUNITY DEVELOPMENT DIVISION A Z Z 0 P P P P P - - - - - - 2 13 ESPLANADE AT HACIENDA LAKES PHASE 4 66 27-27 0 3 ESPLANADE AT HACIENDA LAKES AMENITY CENTER 58 1 A I I I I I I D D D - 8 S - O R V D D D D D U - LOTS 343-347 U U S I 4 HACIENDA LAKES OF NAPLES - PHASE II 61 16-17 R S P P P P D P P P P D E 14 CADENZA AT HACIENDA LAKES OF NAPLES 74 16-20 5 ESPLANADE AT HACIENDA LAKES PHASE 2A 61 96-97 V BY___________________________CHAIRMAN T D TWP 50S RNG 26E SEC(S) 23 NO 1/2 1 1 15 E 6 ESPLANADE AT HACIENDA LAKES PHASE 2B 61 39-40 O 2 6 1 1 4 5 6 1 2 4 2 4 E T - - N 2 2 2 8 0 1 1 1 2 0 7 AZURE AT HACIENDA LAKES 62 13-21 16 - - - - E - 5 5 - - - - - R 0 4 2 7 2 2 2 0 6 1 G 4 17 L 1 8 ESPLANADE AT HACIENDA LAKES PHASE 1A 62 98 - - SCALE 2 2 1 2 1 1 1 2 3 2 E N - - - - - - 0 0 - - - - 18 I MAP NUMBER: 8 5 7 9 ESPLANADE AT HACIENDA LAKES PHASE 3 64 20-23 7 D 5 9 1 1 7 2 5 5 T N 10 ESPLANADE AT HACIENDA LAKES PHASE 1B 64 49 19 ATTEST___________________________CLERK O 0 2 3 1 S 0623N Z 1 2 3 4 5 6 7 8 9 1 1 1 1 0 400 A $ L Page 381 of 6529 N Engineering & Design www.colliersengineering.com W E Copyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing and all the information contained herein is authorized for use only by the party for whom the services were contracted or to whom it is certified. This drawing may not be copied, reused, disclosed, distributed or relied upon for any other purpose without the express written consent of Colliers Engineering & Design. NORTH Doing Business as C O N S U L T I N G PROTECT YOURSELF ALL STATES REQUIRE NOTIFICATION OF R EXCAVATORS, DESIGNERS, OR ANY PERSON S PREPARING TO DISTURB THE EARTH'S SURFACE ANYWHERE IN ANY STATE Know what'sbelow. ___________________________ 132' FROM 7/11 Callbefore you dig. FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WWW.CALL811.COM DEPARTMENTAPPROVED: _______________________CITY OF OFCITY PITTSBURGH PLANNING CITY _______________________ PLANNING CHAIRMAN COMMISSION ATTEST: _______________________ _______________________SECRETARY RATTLESNAKE HAMMOCK ROAD CART CART DESCRIPTION . . . . . . . . . . . . . . . . . . . . CART DRAWN BY OUTPARCEL . . . . . . . . . . 581' FROM DATE ±4.1 ACRES . . . . . . . . . . CART REV CART CART RACETRAC CART V V V V V V V COLLIER BOULEVARD COLLIER V V V CART V V DESCRIPTION CART . . . . . . . . . . . . . . . . . . . . DRAWN BY . . . . . . . . . . DATE . . . . . . . . . . REV PROPERTY EASEMENT EXHIBIT FOR CITY OF NAPLES COLLIER COUNTY FLORIDA EXTON 410 Eagleview Boulevard, Suite 104 Exton, PA 19341 Engineering Phone: 610.254.9140 & Design COLLIERS ENGINEERING & DESIGN, INC. DOING BUSINESS AS MASER CONSULTING SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 09/06/24 TCM RTM REVIEWED BY: PTH PROJECT NUMBER: DRAWING NAME: 24000317A C-EXBT-PROP-EASE SHEET TITLE: PROPERTY GAS EXHIBIT 80 0 80 160 SHEET NUMBER: IMAGE SOURCE: GOOGLE EARTH PRO 2019 SCALE : 1" = 80' 1 of 1 2024\24000317A\Engineering\Exhibits\C-EXBT-PROP-EASE.dwg\C-01-PROP GAS EXBT By: TATE.MILLER 2024\24000317A\Engineering\Exhibits\C-EXBT-PROP-EASE.dwg\C-01-PROP NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 382 of 6529 RESOLUTION NO. 2025 -_____ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND DEVELOPMENT CODE, FOR DEVELOPMENT OF A COSTCO WHOLESALE, WITH A RESULTING SEPARATION DISTANCE OF 132 FEET FROM THE PROPERTY LINE OF THE EXISTING 7-ELEVEN. THE SUBJECT PROPERTY IS LOCATED IN THE COMMERCIAL TRACT OF THE HACIENDA LAKES MIXED- USE PLANNED UNIT DEVELOPMENT (MPUD) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD (PL20240011790) 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 (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of waivers pursuant to Land Development Code section 5.05.05.B; and WHEREAS, Costco Wholesale Corporation desires to establish an automobile service station on the property described herein that would be located within 500 feet of an existing automobile service station; and WHEREAS, Costco Wholesale Corporation seeks a waiver to allow a separation distance of 132 feet between two facilities with fuel pumps; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and the Board having considered the advisability of granting the instant waiver and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition PL20240011790, filed by Brad C. Wester, of Driver McAfee Hawthorne & Diebenow, PLLC on behalf of the Petitioner, Costco Wholesale Corporation, with respect to the subject property located on the southeast corner of Collier Boulevard and Rattlesnake Hammock [24-CPS-02558/1951766/1]14 ASW-PL20240011790/Costco 6-12-2025 Page 1 of 2 Page 383 of 6529 Road side and further described in Exhibit A, attached hereto and incorporated herein by reference, is hereby approved for a waiver from the 500 foot minimum separation requirement between facilities with fuel pumps pursuant to LDC Section 5.05.05.B.2., with a resulting minimum separation distance of 132 feet from the nearest automobile service station, as depicted in Exhibit B. BE IT FURTHER RESOLVED that this Resolution relating to Petition PL20240011790 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this ________ day of _________________, 2025. ATTEST: BOARD OF ZONING APPEALS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By: ___________________________ By: ___________________________ Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney EXHIBIT A – Legal Description EXHIBIT B – Separation Exhibit [24-CPS-02558/1951766/1]14 ASW-PL20240011790/Costco 6-12-2025 Page 2 of 2 Page 384 of 6529LEGAL DESCRIPTION Page 385 of 6529 N Engineering & Design www.colliersengineering.com W E Copyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing and all the information contained herein is authorized for use only by the party for whom the services were contracted or to whom it is certified. This drawing may not be copied, reused, disclosed, distributed or relied upon for any other purpose without the express written consent of Colliers Engineering & Design. NORTH Doing Business as C O N S U L T I N G PROTECT YOURSELF ALL STATES REQUIRE NOTIFICATION OF R EXCAVATORS, DESIGNERS, OR ANY PERSON S PREPARING TO DISTURB THE EARTH'S SURFACE ANYWHERE IN ANY STATE Know what'sbelow. ___________________________ 132' FROM 7/11 Callbefore you dig. FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WWW.CALL811.COM DEPARTMENTAPPROVED: _______________________CITY OF OFCITY PITTSBURGH PLANNING CITY _______________________ PLANNING CHAIRMAN COMMISSION ATTEST: _______________________ _______________________SECRETARY RATTLESNAKE HAMMOCK ROAD CART CART DESCRIPTION . . . . . . . . . . . . . . . . . . . . CART DRAWN BY OUTPARCEL . . . . . . . . . . 581' FROM DATE ±4.1 ACRES . . . . . . . . . . CART REV CART CART RACETRAC CART V V V V V V V COLLIER BOULEVARD COLLIER V V V CART V V DESCRIPTION CART . . . . . . . . . . . . . . . . . . . . DRAWN BY . . . . . . . . . . DATE . . . . . . . . . . REV PROPERTY EASEMENT EXHIBIT FOR CITY OF NAPLES COLLIER COUNTY FLORIDA EXTON 410 Eagleview Boulevard, Suite 104 Exton, PA 19341 Engineering Phone: 610.254.9140 & Design COLLIERS ENGINEERING & DESIGN, INC. DOING BUSINESS AS MASER CONSULTING SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 09/06/24 TCM RTM REVIEWED BY: PTH PROJECT NUMBER: DRAWING NAME: 24000317A C-EXBT-PROP-EASE SHEET TITLE: PROPERTY GAS EXHIBIT 80 0 80 160 SHEET NUMBER: IMAGE SOURCE: GOOGLE EARTH PRO 2019 SCALE : 1" = 80' 1 of 1 2024\24000317A\Engineering\Exhibits\C-EXBT-PROP-EASE.dwg\C-01-PROP GAS EXBT By: TATE.MILLER 2024\24000317A\Engineering\Exhibits\C-EXBT-PROP-EASE.dwg\C-01-PROP NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 386 of 6529 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on July 17, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: AN ORDINANCE AMENDING ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT, TO APPROVE AN INSUBSTANTIAL CHANGE TO THE PUD, TO ADD DEVIATIONS FOR RELIEF FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE RELATING TO ARCHITECTURAL GLAZING STANDARDS, BUILDING FAÇADE MASSING, LIGHT FIXTURE HEIGHTS, LOADING SPACES, LANDSCAPE STANDARDS FOR INTERIOR VEHICULAR USE AREAS, AND SIGNAGE, TO REVISE A TRANSPORTATION COMMITMENT, AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PARCEL IS IN THE COMMERCIAL TRACT OF THE MPUD AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011559] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND DEVELOPMENT CODE, FOR DEVELOPMENT OF A COSTCO WHOLESALE, WITH A RESULTING SEPARATION DISTANCE OF 132 FEET FROM THE PROPERTY LINE OF THE EXISTING 7-ELEVEN. THE SUBJECT PROPERTY IS LOCATED IN THE COMMERCIAL TRACT OF THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011790] Page 387 of 6529 All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to July 17, 2025. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 388 of 6529 Collier County Planning Commission Joseph K. Schmitt, Chairman Page 389 of 6529SOUTH FRONTAGE Page 390 of 6529 NORTH FRONTAGE Page 391 of 6529WEST FRONTAGE Page 392 of 6529LauraDeJohnVEN From: LauraDeJohnVEN Sent: Thursday, July 10, 2025 1:31 PM To: 'mspokojny@aol.com' Cc: Ailyn Padron; Ray Bellows; Michael Sawyer; Michael Bosi Subject: RE: Planning Commission Meeting July 17, 2025 Milt, Thank you for providing input for the 7/17 CCPC meeting. I will include your email and attachment in the backup documentation for the meeting. Please be aware that the Traffic Study referenced in your correspondence (the applicant’s January 2025 Traffic Study) is associated with the pending Site Development Plan application (County application # PL20240000445). The Planning Commission and Board do not consider or review Site Development Plan petitions. Site Development Plans do not go to public hearing. The Planning Commission and Board will be considering these two items:  Auto Service Station Waiver of Distance (for facility with fuel pumps) - (ASW-PL20240011790)  Insubstantial Change to the PUD (PDI-PL20240011559) These two items considered by the Planning Commission and Board relate to the distance of the proposed fuel pumps from existing fuel pumps at 7-Eleven, and the deviations from design standards that are being sought related to: architectural glazing, building façade massing, light fixture heights, loading spaces, landscape standards, signage, and timing of a future transit stop/shelter at time of future development of the commercial outparcel at the SE corner of Collier Blvd/Rattlesnake Hammock. During the public hearing process, the Planning Commission and Board will be deliberating these items only. They will not be evaluating the Traffic Study that is associated with the Site Development Plan in their decision making. If you have questions on this, feel free to contact me or Ray. Thanks, Laura From: mspokojny@aol.com Sent: Thursday, July 10, 2025 10:50 AM To: LauraDeJohnVEN ; Ray Bellows Cc: Sean Sammon ; Ailyn Padron ; MILTON SPOKOJNY Subject: Re: Planning Commission Meeting July 17, 2025 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. Ray Bellows Attached please find a cover and traffic analysis that I request that you include for in your packet the CCPC to review regarding the July 17, 2025 meeting before the CCPC. Thanks, Milt Spokojny 1 Page 393 of 6529On Thursday, July 10, 2025 at 09:29:43 AM EDT, Ray Bellows wrote: Hi Laura, Please provide Milt Spokojny with the applicable information requested below. Thank you for your assistance. Ray Bellows Manager - Planning Zoning Office:239-252-2463 2800 North Horseshoe Drive Naples, Florida 34104 Ray.Bellows@colliercountyfl.gov From: mspokojny@aol.com Sent: Thursday, July 10, 2025 8:25 AM To: Ray Bellows Cc: Sean Sammon ; Ailyn Padron ; MILTON SPOKOJNY Subject: Fw: Planning Commission Meeting July 17, 2025 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. Ailyn Padron suggested that I reach out to you in order to receive the following information: The Collier County Planning Department's written recommendations on Costco's request for incidental changes and the their request for a 500 foot waiver in order to construct a gas station. These are the recommendations that would be sent to the CCPC for their July 17th meeting on Costco's proposals. As always, thanks for your assistance. 2 Page 394 of 6529 Milt Spokojny Sent from AOL on Android ----- Forwarded Message ----- From: "mspokojny@aol.com" To: "Ailyn Padron" Cc: "Ray Bellows" , "Sean Sammon" , "MILTON SPOKOJNY" Sent: Thu, Jul 10, 2025 at 12:02 AM Subject: RE: Planning Commission Meeting July 17, 2025 Good morning Ailyn, I was just wondering if the agenda for the CCPC meeting on July 17th has been prepared yet. Also, has the Planning Department made their written recommendations yet on Costco's request for incidental changes and the the 500 foot waiver request to construct a gas station. Please send me these documents at your earliest convenience. Thanks, Milt Spokojny Sent from AOL on Android On Mon, Jun 30, 2025 at 10:08 AM, Ailyn Padron wrote: You’re very welcome,, Milt. Have a great day! 3 Page 395 of 6529Ailyn Padron Management Analyst I Zoning Office:239-252-5187 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.Padron@colliercountyfl.gov From: mspokojny@aol.com Sent: Monday, June 30, 2025 9:38 AM To: Ailyn Padron Cc: Ray Bellows ; Sean Sammon ; MILTON SPOKOJNY Subject: RE: Planning Commission Meeting July 17, 2025 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. Thank you Ailyn Sent from AOL on Android On Mon, Jun 30, 2025 at 9:26 AM, Ailyn Padron wrote: Good morning, Milt, Thank you for your email. Please see my responses in blue. Thank you. 4 Page 396 of 6529Ailyn Padron Management Analyst I Zoning Office:239-252-5187 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.Padron@colliercountyfl.gov From: mspokojny@aol.com Sent: Sunday, June 29, 2025 11:54 AM To: Ailyn Padron Cc: Ray Bellows ; Sean Sammon ; MILTON SPOKOJNY Subject: Planning Commission Meeting July 17, 2025 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. Ailyn Padron Hi Ailyn, Sean Sammon suggested that I contact you regarding the upcoming Planning Commission meeting scheduled for July 17th, 2025 regarding Costco's proposal to construct a Costco facility on the corner of Collier and Rattlesnake Roads. In this regard, I am a homeowner at Hacienda Lakes and have several questions. 1. When will homeowners receive official notification of the Planning Commission meeting that is scheduled for July 17, 2025.  The property owner letters were mailed out on 6/27/25 and the advertisement was published on the Clerk’s website on 6/27/25. Also, the signs have been posted on the property. Please use the link below: Search Results: – Collier Legal Notices 2. What is the mechanism for a person to speak at the Planning Commission meeting? Is there a sign in sheet and how long can a speaker speak?  The public may participate in person or virtually at the Planning Commissioner’s hearing. If the public chooses to speak in person, a speaker form will need to be filled out. The speaker forms along with the agenda will be provided at the hearing. The agenda is published a week prior to the hearing; it will include the registration link. 5 Page 397 of 65293. What is the Zoom link for property owners to sign into to watch the meeting?; Can a homeowner address the Planning Commission via the Zoom link and what is the mechanism for doing this?  The public may watch the hearing on Collier TV. Please see below. Homepage - Collier Television  The public may participate and/ or observe through Zoom. The registration link will be included in the agenda, which is published a week prior to the hearing. If you prefer, I can add you as an attendee, however, you will still need to register virtually. Please be advised that the county is not responsible for any technical difficulties that may arise with virtual participation. 4. If a homeowner wants to send a written document to the Planning Commission for their review prior to the meeting, what is the mechanism for doing this?  I will defer this question to Ray. Respectfully submitted, Milt Spokojny 248-821-7184 Sent from AOL on Android 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. 6 Page 398 of 6529July 10, 2025 Collier County Planning Commission Collier County Government Center 3303 Tamiami Trail East Naples, Florida 34112-4961 Subject: Traffic Impact Analysis for Proposed Costco at SR-951 and SR-863 Dear Collier County Planning Commissioners: A Traffic Impact Study (TIS) has been prepared for Costco by Kittelson and Associates in support of constructing a Costco warehouse at the southeast corner of Collier Blvd (SR- 951) and Rattlesnake Hammock Road (SR-864). We understand that the Collier County Planning Commission (CCPC) and associated departments have been in the process of reviewing the study. In support of this effort, residents of Hacienda Lakes are hereby providing additional input to the review process for your consideration. In light of the large volume of new residential and commercial construction underway in the immediate area, a number of concerns have been raised by residents of Hacienda Lakes communities regarding traffic and related safety impacts that a large volume commercial enterprise (such as Costco) may create if the traffic design and controls are not optimized. We believe the CCTDR will conduct a thorough analysis, and in support of this effort we have reviewed the TIS from our own, non-professional perspective. To this end, attached is a brief review of the January 2025 Traffic Impact Study for your consideration. We hope this is constructive and helpful as you work through analysis and important decisions. A few brief observations: The TIS seems to be limited in scope with respect to areas of analysis that are of interest to the CCPC and Collier County Transportation Operations Development Review Department (CCTDR), especially Safety, Access Management and Neighborhood Impacts. For example, bicycle and pedestrian traffic and historical accidents at the intersection were not considered. Also, most of the residents in Hacienda Lakes are constricted to ingress/egress via Rattlesnake Hammock without alternative means of access to the nearest artery. Secondly, Capacity analysis appears to be somewhat flawed in that it utilizes baseline data not reflective of true peak traffic and does not consider the rapid rate of construction in the immediate area. Also, many new communities in the area were not included in the analysis, especially those without direct access to Rattlesnake Hammock, but that do have convenient indirect access and will add to the traffic. Finally, the overall traffic flow design is not well justified in the TIS. The locations of access points, ineffectiveness of the access to the hospital road, number of Page 399 of 6529entrances on Rattlesnake Hammock, pedestrian and bicycle traffic and access to Publix (requiring delays for pedestrians) should also be considered in a thoughtful design. We encourage the CCPC to request a more comprehensive traffic flow design from Costco (or any large-scale retail or commercial enterprise considering this location), or possibly even contracting an independent professional traffic consultant to address some of these concerns. Our goal is simply to support the Collier County Planning Commission (CCPC) and the CCTDR so that the end result is not simply a code-compliant construction project, but an integrated design that attempts to optimize access, traffic flow, safety and quality of life for residents and visitors to the Hacienda Lakes area, as well as users of these key roads. Thank you for your consideration and please let us know if further clarification is needed. We appreciate your willingness to listen. Sincerely, Submitted on Behalf of Residents of Esplanade and Azure at Hacienda Lakes Page 400 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Overview This document summarizes observations regarding the Traffic Impact Analysis commissioned by Costco in support of potentially locating a new warehouse facility on the southeast corner of CR-951 (Collier Blvd) and Rattlesnake Hammock Road in Collier County. The Analysis was prepared by Kittelson and Associates (Orlando FL office) and issued in January 2025. The purpose of this summary is to provide constructive input to the Collier County Planning Commission as they consider traffic and safety concerns of the proposed project on the surrounding businesses and residents of the area, and particularly those that are not fully addressed in the Analysis. This is not an exhaustive review but hopefully it serves to highlight specific areas where further analysis should be considered. This summary was not prepared by professional engineers, but by residents of adjacent communities, and therefore may include inaccurate assumptions or naïve questions, so we ask the CCPC for their understanding as they consider these inputs. The Analysis appears to be thorough in its methodology, but it should be noted that: 1) There are important safety and traffic concerns that may have been outside the scope of the Analysis which should be considered, 2) It may be advisable to refine several underlying assumptions 3) There may be changes or additions to the overall design that the CCPC could consider to result in improved safety and convenience for residents and visitors of the area. These topics are briefly described below and specific cross-references to the Analysis are shown in the attached table. Traffic andS afety Concerns Outside the Scope of the Analysis • Pedestrian and bicycle traffic. Many already use the existing bike lanes and walking paths in the area and this traffic will only continue to grow with new residential construction underway. Of special concern are: crossing Collier to/from new residential buildings to/from Publix and added delays to car traffic flow at all controlled intersections. This was not considered in the Analysis. • Impact of residential and commercial construction currently underway that is not directly on Rattlesnake Hammock. There will be significant additional traffic related to developments not directly on Rattlesnake Hammock (e.g. Seven Shores, Sapphire 1 Page 401 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Cove, proposed school), a number of large residential buildings north of 7/11, Florida Sports Park, all of which will produce some traffic on Rattlesnake Hammock and to/from Costco. Also, there is a new road under construction from Rattlesnake Hammock to Seven Shores near the entrance to Azure. This was not considered in the Analysis. • Emergency access to/from Physicians Regional and the CC EMS Station. The concern is that emergency vehicle movement could be impeded by additional traffic and controlled intersections. Also, the Costco proposal includes an entrance on a hospital emergency room access road that directs exiting traffic onto the hospital property, rather than towards Collier Blvd. There would be no direct access for fire equipment to the proposed fueling area or other structures in the Costco area. This was not considered in the Analysis. • Recent accidents and fatalities at the intersection of Collier and Rattlesnake Hammock. There have been at least two fatalities in recent years at this intersection. Design and/or improvements should consider reducing such incidents. This was not considered in the Analysis. • Proximity of Costco fueling location to other adjacent fueling locations vs. County Policy. A waiver is under consideration; however, the existing policy was created out of interest in safety. Strong justification should be required and made public. There are already two gasoline stations at the intersection and Costco’s additional fueling station would benefit less than one third of the area residents (membership required). Some Assumptions and Baseline Data May Be Inaccurate • Assumed traffic growth rate of 5%/year is not based on construction plans in the whole area or real estate data. See comments below regarding pages 80-81 of the Analysis. • Baseline roadway Level of Service (LOS) does not include peak months of February and March. • Baseline traffic data was collected in May 2024 (used to define seasonable adjustment); actual peak season analysis not shown. Why not use actual data instead of a formula for adjustment? • Costco trip data and fueling queueing is based on national averages. North Naples store may be a better comparison due to seasonality. Additional Thoughts for Improvement • There is no rationale for the decision to install a second traffic light on Rattlesnake Hammock. The Analysis claims that other options (like a traffic circle) were analyzed, but such analysis is not provided. Perhaps there is a more effective design. 2 Page 402 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 • In general, traffic flow in the area was not optimized, only analysis of proposed changes (e.g. adding turn lanes and lights) to keep traffic within Level of Service parameters was considered. Two examples of possible improvement: a) Costco customers making U-turns on Rattlesnake Hammock or in the Hospital parking lot to get back to Collier does not make sense for good flow. One solution would be to make the Hospital entrance road into the main Costco entrance. This could work if the Hospital would agree to share the access. b) The northbound right turn lane on Collier is often blocked today by northbound traffic at the light; this will only become worse unless the turn lane is extended or the Costco entrance on the Hospital road is changed. • The Analysis does not address Collier County Access Management Policy clause 5.02.9 or 5.02.10. A number of communities (e.g. Azure and Esplanade) rely on Rattlesnake Hammock as the only access to a main artery; residents are otherwise captive in a cul- de-sac situation. The proposed additional traffic lights and traffic on Rattlesnake Hammock significantly impedes access for residents, which is important for a number of reasons. Perhaps the Hospital Road could be converted to a main entrance to Costco. This would facilitate flow for Costco customers and may be acceptable for the Hospital since they have another existing main entrance. 3 Page 403 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Notes on Specific Pages of the Document Page Content Comment 9 The Study is based on 2023 This determines existing baseline assumptions Collier County Annual regarding traffic capacity and usage at the Update and Inventory (AUIR). intersection. Later in the study they simply This does NOT include data assumed that 4% of the trips entering the on Rattlesnake Hammock intersection come from RSH east of Collier. (RSH) east of Collier. 9 Baseline data was acquired This obviously avoids peak season which is on May 22, 2024. shown to be Week 3 – Week 15 (page 53). Therefore baseline data is not representative of peak requirements and uses a questionable seasonable adjustment factor (SF) of 1.04. Clarification from Collier Countywould be helpful as to how this factor is to be applied and to which roads (e.g. feeders vs arteries). 15 Project will generate an At the public meeting Costco told the residents it estimated 7,319 new net would be 4500. daily trips through the intersection. 18 Background traffic was This is a general average, not based on specific assumed to grow at 4.59% analysis of known growth in the area which is not per year. changing linearly over many years but with a number of steps up as new residence facilities open in the next 1-2 years. 20 Planned development Analysis does not consider traffic generated by analysis only considers new developments with access to RSH (e.g. projects on RSH. Seven Shores with new access road being built, properties north of 7/11, Sapphire Cove, potential school). 22 The plan proposes a right in / It is currently an Emergency Entrance road to the left out access on the hospital emergency room. The proposal only hospital “driveway”. allows traffic to enter Costco from the hospital property (westbound) and only allows traffic to exit eastbound onto the hospital property. There is not direct access to Collier Blvd. for regular traffic or fire equipment access to Costco fueling area. This right in / left out design is not practical except for construction traffic or ambulance trips to Costco. 4 Page 404 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Page Content Comment 26, Turn lanes are to be The north bound ramp from Collier to RSH is 131 constructed to the County currently too short due to long wait lines at the standard which is based on light. This will only become worse unless the speed limit. access ramp is lengthened. 28 Fueling area capacity is Perhaps an analysis of the existing North Naples calculated based on national store at peak season would give a more accurate averages for Costco stores. capacity analysis. 32 “The proposed full access This second traffic light and the anticipated u- driveway is projected to have turning customers from Costo will add significant inadequate capacity as a delays on westbound RSH. There is no analysis of stop-controlled intersection. this delay or associated safety considerations. A traffic signal and a The “separate cover” analysis of traffic circle vs. roundabout were evaluated traffic light should be provided to local residents. as potential intersection control alternatives in an Intersection Control Evaluation (ICE) and Signal Warrant Analysis report under a separate cover. A traffic signal is the recommended traffic control alternative at the full access intersection.” 36 Planned build out year is Just an item to note. 2026. 42 “Data contained within the This should be updated with 2024 or even 2025 2023 AUIR will be used to data. This is the baseline data set used to analyze the proposed study model all assumptions. It should be as current roadway segments.” as possible before approval. The County could require a rerun of the data tables with most recent data available (including the segment of RSH east of Collier). 5 Page 405 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Page Content Comment 47 “Level of service calculations Their method of determining traffic Level of for road facilities means Service (LOS) omits data from February and calculations for peak hour March. Therefore, it is reasonable to assume traffic on aroadway segment that traffic will be actually worse than the for maximum service analysis during those months. volumes at the adopted LOS. Peak hour is calculated as the 100th highest hour based on a 10 month period (omitting February and March), which is generally equivalent to the 250th highest hour for a twelve (12) month period. For design of roadway capacity projects, the 30th highest hour for a 12-month period at LOS "D" will be utilized.” 53 Seasonable adjustment This avoids peak season which is shown to be factor for May (1.04) was Week 3 – Week 15. Therefore baseline data is applied for the analysis. not representative of peak requirements and uses a seasonable adjustment factor (SF) of 1.04 instead of 0.88 (end of Feb or early March). Why not use actual data from peak season? 67- Trip generation for Appears to preclude a supermarket in the out 69 Supermarket exceeds parcel area. Current Publix cannot handle the assumed additional allowed anticipated volume of new residents in the traffic forout parcels. immediate area. This is an unaddressed need. 70- Trip generation for a Drive-in Nore: a bank could go in the out parcel area. 72 Bank is within assumed additional allowed traffic for out parcels. 73- Trip generation for a small Allows only a very small office building in the out 75 General Office Building is parcel area within assumed additional allowed traffic for out parcels. 6 Page 406 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Page Content Comment 80- Traffic growth trend analysis Trend assumptions may not be accurate. The 81 starts in 2018 and assumes following are not considered in the model: linear growth of about 5%. Growth was typical in 2018-2019. Heavily impacted by Covid in 2020-2021. Prices and construction in South Naples peak 2022-2023. Residence inventory in South Naples continues to grow very quickly 2024-2026. Traffic load probably follows the number of residents. 84- Traffic impact of new Analysis does not consider traffic due to 108 developments that are properties that are not directly on east RSH but included in the analysis. with access roads to RSH: Includes: Cadenza, Allegro, Sapphire Cove, Seven Shores (new road under 7/11 & shops, Hammock construction), large complexes directly north of Park, Watercrest (assisted 7/11. living facility). 128 Collier County Access Collier County will determine if clause 5.02.9 is Management Policy being followed. Residents of Azure and Esplanade do not have a reasonable alternative route to a main artery except through Costo traffic and control lights. 128 Collier County Access Collier County will determine if clause 5.02.10 is Management Policy being followed. Residents of Azure and Esplanade could take the position that emergency services from Collier EMS Station at Hacienda Lakes Parkway and Caimen Dr or Physicians Regional Hospital are hampered in their access to the communities. 7 Page 407 of 6529 Needs Analysis Proposed Automobile Service Station Costco Wholesale SE Corner of Collier Boulevard and Rattlesnake Hammock Road Naples, Collier County, Florida 34113 Date of Report: 14 August 2025 File Name: 25080101 – Costco Wholesale – 8392 Collier Boulevard Prepared For Costco Wholesale 45940 Horseshoe Drive, Suite 150 Sterling, Virginia 20166 Page 408 of 6529 Page 409 of 6529 14 August 2025 Costco Wholesale c/o Mr. John Alvarado 45940 Horseshoe Drive, Suite 150 Sterling, Virginia 20166 Attention: Mr. John Alvarado Re: Needs Analysis for the property located at 8392 Costco Boulevard, Naples, Florida 34114 (automobile service station component only) Dear Mr. Alvarado: As you requested, please find the results of our Needs Analysis for the proposed Costco Wholesale automobile service station to be located at the southeast corner of Collier Boulevard and Rattlesnake Hammock Road in Naples, Florida. The purpose of this analysis is to determine if the local market area can support the addition of a new automobile service station without oversaturating the market and negatively impacting surrounding businesses. Based on our analysis, it is my professional opinion that the proposed project is appropriate for the market area based on the projected needs of the market over the next five years because of household growth. The projected growth in demand for gasoline within the market area of 29.09% over the next several years is greater than the 25.95% increase in supply (projected sales) that the project will introduce, resulting in a demand surplus of 3.15%. Therefore, the project is considered feasible based on the growing needs of the market area, and the project is not expected to negatively impact the market area. If you have any questions, please feel free to contact our office. Respectfully submitted, Matthew S. Simmons State-Certified Residential Real Estate Appraiser RD5762 State-Licensed Real Estate Broker, BK3214690 Page 410 of 6529 Page 411 of 6529 TABLE OF CONTENTS OVERVIEW OF PROJECT ........................................................................................................................................... 1 DEMOGRAPHICS ........................................................................................................................................................... 2 PROCESS OF NEEDS ANALYSIS ............................................................................................................................... 4 EXECUTIVE SUMMARY ................................................................................................................................................... 4 MARKET AREA SELECTION ............................................................................................................................................. 5 MARKET DEMAND ANALYSIS .......................................................................................................................................... 6 MARKET SUPPLY ANALYSIS ............................................................................................................................................ 7 CONCLUSION ................................................................................................................................................................ 9 PROPERTY DESCRIPTION ....................................................................................................................................... 10 SITE PLAN ................................................................................................................................................................. 10 AERIAL ...................................................................................................................................................................... 11 SITE CHARACTERISTICS................................................................................................................................................ 12 APPENDIX ............................................................................................................................................................... 14 APPENDIX A ............................................................................................................................................................... 14 APPENDIX B ............................................................................................................................................................... 15 APPENDIX C ............................................................................................................................................................... 17 APPENDIX D ............................................................................................................................................................... 19 APPENDIX E ............................................................................................................................................................... 20 QUALIFICATIONS: MATTHEW S. SIMMONS ............................................................................................................ 21 Page 412 of 6529 Page 413 of 6529 OVERVIEW OF PROJECT Full details about the property, site characteristics, and the proposed project can be found in the Site Characteristics section of this report and in the consultant’s workfile. The following is a summary of the proposed project: • The proposed project site consists of 1,126,462 square feet/25.86 acres of land area. • The lot is heavily wooded and appears to have a generally level topography. • The subject of the analysis consists of the Automobile Service Station portion of the development of a 162,671 square foot Costco Wholesale building. • The project also includes ±4.1 Acres designated to Future Outparcels to the west of the proposed Automobile Service Station, along Collier Boulevard. • The project is bordered by Rattlesnake Hammock Road to the north, Collier Boulevard to west, the Physicians Regional Hospital – Collier Boulevard to the south, and additional buffered tracts of developed and undeveloped land within the Hacienda Lakes CDD to the east. • The project falls within the Hacienda Lakes Mixed-Use Planned Unit Development, which was created in 2011 and permitted to include 1,760 homes, 327,000 square feet of retail space, 70,000 square feet of professional and medical office space, 135 hotel rooms, 140,000 gross square feet of business park or educational facility, and a school. 1 Page 414 of 6529 DEMOGRAPHICS 2 Page 415 of 6529 3 Page 416 of 6529 PROCESS OF NEEDS ANALYSIS EXECUTIVE SUMMARY In order to determine the existing and future needs of the market area and the impact of the project on the market area, we measured the projected growth in demand for gasoline and compared it to the increase of supply brought about by the proposed project development. Market Demand Analysis The market area was defined as all automobile service stations within a 10-minute drive time from the project. The analysis used demographic data for the market area, including existing and projected population and household numbers for 2025 and 2030. The current and projected household spending for gasoline within the market area was used as the measure of demand. The projected gasoline demand increase (in dollars), from 2025 to 2030, was projected to be $19,072,788, a 29.09% increase over those five years. Market Supply Analysis The average automobile service station in the market area sells approximately 4,000 gallons of gasoline per day, which translates to 28,000 gallons per week. The market area, which has 21 identified competitive automobile service stations, sells an estimated 588,000 gallons per week based on average sales per station. The proposed automobile service station is projected by Costco Wholesale to sell 9,900,000 gallons over the course of one year, which equates to 190,385 gallons per week. By adding the supply from new project's volume of projected gallons sold, the total market area supply will increase to 778,385 gallons per week (measured in sales). The supply increase from the new project is calculated to be 25.95%. 4 Page 417 of 6529 MARKET AREA SELECTION The market area of the project was selected to be all automobile service stations within a 10-minute drive time from the site of the proposed project. These boundaries were deemed appropriate as they encompass service stations that may be reasonably expected to serve the same customers. It should be noted that many proposed commercial projects have primary and secondary market areas (the areas from which they draw customers) that extend beyond the criteria used within this analysis. The subject project, Costco Wholesale, is a use that falls into this category. However, expected gasoline sales, within this analysis, does not account for the additional demand that Costco will create as a result of consumers drawn to their warehouse. This geographic segmentation is also used as the area where existing and projected households are most applicable for the demand analysis. Using this criteria, 21 existing automobile service stations were selected as competitive stations for use in the supply analysis. The image below depicts the area applicable to this criteria. 5 Page 418 of 6529 MARKET DEMAND ANALYSIS The first step of the analysis is to determine population and number of households in the market area both in the current year and as projected in 2030 (Page 8). This is done to determine the growth of the market area and expected growth in gasoline sales based on household spending behavior. 2025 2030 Population 39,641 44,523 Households 19,908 23,016 Table 1.1 Next, we take the average amount spent annually on gasoline per household (Appendix B) and multiply by the number of households to calculate the projected dollars spent on gasoline within the market area. 2025 2030 Avg Amount Spent on Gasoline per Household $3,293 $3,677 Total Spent in Market Area $65,557,044 $84,629,832 Table 1.2 The final step is to measure the growth in dollars spent on gasoline over the 5-year period by taking the difference of 2030’s dollars spent on gasoline in the market and subtracting it from 2025’s dollars spent. This increase of $19,072,788 is equivalent to a 29.09% increase from 2025 to 2030. Total Dollars Percentage Demand Increase from 2025 to 2030 $19,072,788 29.09% Table 1.3 6 Page 419 of 6529 MARKET SUPPLY ANALYSIS The first step to analyze the increase in supply that this project would bring to the market area is to find the number of automobile service stations within the market area and calculate how many gallons of gasoline they sell. Market Area (21 Per Station Stations) Gallons Sold Per Day 4,000 84,000 Gallons Sold Per Week 28,000 588,000 Gallons Sold Per Month 120,000 2,520,000 Table 2.1: (Appendix D) Next, we calculate the amount of gallons sold in the market area with and without the project. Costco provided projected sales for the project (Appendix E) and estimate 190,385 gallons to be sold in the first year. Gallons Sold per Week Market Area 588,000 Project 190,385 Market Area with Project 778,385 Table 2.2 The next step is to calculate the consumption of the average car per week in order to back out the amount of cars stopping for gas in the area per week. First, we take the Average Annual Fuel Cost Per Car (Appendix B) of $3,293 and divide it by the Average Car Per Household statistic of 1.64 (Appendix A) to get the Average Annual Fuel Cost Per Car of $2,007.93. Then we can divide that by the Average Price Per Gallon of $3.13 (Appendix C) to get Annual Gallons consumed per Car of 642.47 or 12.36 per week. Averaged Statistics Cars Per Household 1.64 Spent on Gas Per Household $3,293 Annual Fuel Cost Per Car $2,007.93 Price Per Gallon $3.13 Annual Gallons Consumed Per Car 642.47 Gallons Consumed Per Car Per Week 12.36 Table 2.3 7 Page 420 of 6529 Next, we take the gallons sold in the market area including the new project (Table 2.2) and divide it by the gallons consumed per car per week (Table 2.3) to calculate the number of cars stopping in our market area. Supply of Market Area ( Number of Cars) Gallons Sold in Market Area with Project 778,385 Avg Gallons Consumed Per Car Per Week 12.36 Transactions (Cars) per Week 63,001 Table 2.4 Next, we take the projected cars to visit the project from Appendix E Cars per Week at Project Transaction (Cars) per Year 850,000 Transaction (Cars) per Week 16,346 Table 2.6 Finally, we can calculate the supply increase brought about by the new project by taking the Supply of the Project (Table 2.6) and dividing it by the Supply of the Market Area with the Project (Table 2.4) Project Share of Supply Market Area with Project Supply 63,001 Project Supply 16,346 Project Share of Supply 25.95% Table 2.7 8 Page 421 of 6529 CONCLUSION Based on the Needs Analysis and the provided data, the proposed Costco Wholesale automobile service station is positioned to be a significant benefit to the local market by directly addressing the rising demand for gasoline. The comprehensive analysis confirms a robust and growing need within the market area, which is defined as a 10-minute drive-time from the project site. The demand for gasoline is projected to increase by a substantial 29.09% over the next five years. This growth is a direct result of the demographic trends in the area, including a projected increase in population from 39,641 to 44,523 and households from 19,908 to 23,016 between 2025 and 2030. The average household's spending on gasoline is also expected to rise, from $3,293 to $3,677, further highlighting the increasing market need. The project will introduce a much-needed increase in supply to meet this growing demand. With a projected first-year sales volume of 9,900,000 gallons, the project will add approximately 190,385 gallons per week to the market's total supply. When considering the new project, the total weekly supply in the market will increase to 778,385 gallons, resulting in a 25.95% supply increase. The key finding is that the projected demand increase of 29.09% is greater than the project's 25.95% share of projected supply. This leaves a 3.14% demand surplus, which demonstrates a clear and justifiable need for the project. The new automobile service station will not oversaturate the market or negatively impact surrounding businesses; instead, it will play a crucial role in satisfying the growing fuel requirements of a thriving and expanding community. 9 Page 422 of 6529 PROPERTY DESCRIPTION SITE PLAN 10 Page 423 of 6529 AERIAL 11 Page 424 of 6529 SITE CHARACTERISTICS ADDRESS: 8392 Collier Boulevard TAX ID: 48586002021 The subject property is located in unincorporated Collier County, 4 miles south of the I75 and Collier Blvd intersection. The property is located on the southeast corner of the Collier Blvd and Rattlesnake Hammock Rd. Vehicular access will LOCATION/ACCESS/ primarily be from the two primary entrances on Rattlesnake Hammock Road. EXPOSURE: Overall, access to the subject property as well as exposure is considered to be good. Site Area (sq. ft.) 1,126,462± SIZE (SITE AREA)/SHAPE: Site Area (acres) 25.86± Shape Rectangular PHYSICAL FEATURES The subject property is a wooded, undeveloped lot with a relatively flat (TOPOGRAPHY, ELEVATION, topography. It is bordered by Physicians Regional Hospital to the South, Ekos ETC.): Cadenza (Apartment Complex) to the East and Roads to the North and West. The property is serviced with full utilities, including electricity provided by Florida Power and Light, telephone service by Century Link, and central UTILITIES: water/sewer from Collier County Public Utilities. Police and fire protection are provided by Collier County services. The capacity of these services appears to be adequate for the proposed development. The subject property is located within Flood Zone AH primarily with patches of FLOOD ZONE: X zoning on the westerly parts of the parcel as found on Flood Map Panel ID #12021C0606J, dated 2 August 2024. There are no known adverse easements, encroachments, restrictions, EASEMENTS, encumbrances, leases, reservations, covenants, contracts, declarations, ENCROACHMENTS, ETC.: special assessments, ordinances or other items of a similar nature. 12 Page 425 of 6529 The subject property is zoned Mixed Planned Use Development District (MPUD) as per Collier County Land Development Code: Mixed use planned unit development district (MPUD). This district is intended ZONING: to accommodate a planned unit development with more than one type of PUD district. The PUD document shall define the mixture of PUD districts as set forth in this section. The subject property is designated Urban Residential Fringe Subdistrict (URF) FUTURE LAND USE: according to Collier County’s Comprehensive Plan. Tax Year Market Taxable Value Taxes & Assess. Assessed Value 2024 $4,191,345 $4,191,345 $42,206.85 Taxing Authority Millage Rate General Fund 3.0107 Unincorp. Gen - MSTD 0.6844 Conservation Collier 0.2096 ASSESSED VALUE, TAXES, C.C. Water Pollution Ctrl PGM 0.0246 AND ASSESSMENTS: School Board - Local Board 2.2312 School Board - State Law 2.0820 Greater Naples Fire Rescue Dis 1.5000 Collier Mosquito Control 0.1349 Big Cypress Basin 0.0978 Water Management Fund-South Fl 0.0948 TOTAL AD VALOREM 10.0700 13 Page 426 of 6529 APPENDIX APPENDIX A The US Census Bureau tracks the percentage of households with 0, 1, 2, and 3 or more cars within the US. Using their data we can find the average car per household in Collier County. https://www.census.gov/acs/www/about/why-we-ask-each-question/vehicles Number of Cars Percentage Average Car Per Household 0 4.5% 0 1 41.40% .414 2 40.10% .802 3+ 14.0% .042 1.64 14 Page 427 of 6529 APPENDIX B In order to find the Average Amount Spent on Gasoline per Household we used Environmental Systems Research Institute, Inc’s (ESRI) estimation for 2025 and 2030. As seen in the excerpt below, ESRI uses United States Bureau of Labor Statistics Consumer Reports to build out these estimates. 15 Page 428 of 6529 16 Page 429 of 6529 APPENDIX C Stations within 10-minute drive-time market area. Map ID Facility Name Site Address Gas Price 1 RaceTrac 8483 Collier Blvd, Naples, FL 34113 $3.07 2 Marathon 8901 Davis Blvd, Naples, FL 34104 $3.30 3 Chevron 8900 Davis Blvd, Naples, FL 34104 $3.20 4 Shell 3825 Tollgate Blvd, Naples, FL 34114 $3.40 5 RaceTrac 8485 Davis Blvd, Naples, FL 34104 N/A 6 Circle K 8600 Radio Ln, Naples, FL 34104 $3.17 7 Wawa 12456 Tamiami Trl E, Naples, FL 34113 $3.05 8 BP 11339 Tamiami Trl E, Naples, FL 34113 $3.20 9 Wawa 4939 Tamiami Trl E, Naples, FL 34113 $3.06 10 Murphy USA 6630 Collier Blvd, Naples, FL 34114 $3.04 11 RaceTrac 6170 Collier Blvd, Naples, FL 34114 $3.06 12 Circle K 6100 Collier Blvd, Naples, FL 34114 $3.05 13 Shell 12800 Tamiami Trl E, Naples, FL 34114 $3.02 14 7-Eleven 12750 Tamiami Trl E, Naples, FL 34113 N/A 15 7-Eleven 8570 Collier Blvd, Naples, FL 34114 $3.04 16 Shell 8101 Sorrento Ln, Naples, FL 34114 $3.11 17 Pump & Munch 9995 Tamiami Trl E, Naples, FL 34113 N/A 18 Shell 4716 Tamiami Trl E, Naples, FL 34112 $3.00 19 Mobil 6300 Davis Blvd, Naples, FL 34104 3.16 20 Shell 3835 White Lake Blvd, Naples, FL $3.16 21 Mobil 11655 Collier Blvd, Naples, FL 34116 $3.06 Average $3.13 17 Page 430 of 6529 18 Page 431 of 6529 APPENDIX D The National Association of Convenience Stores (NACS) that “The average fueling location sells about 4,000 gallons of gas per day, while hypermarkets/big-box stores with larger forecourts often sell five times more. This leads us to build Table 2.1, where we calculate the Market Area to sell 448,000 gallons a week (16 convenience store stations x 28,000 gallons sold in a week). 19 Page 432 of 6529 APPENDIX E We were provided projected sales for the new project by Costco representatives. They project 9,900,000 gallons of gas to be sold in the first year of operations. Using this data we can determine: 9,900,000 gallons in Year 825,000 gallons per Month 190,384.62 gallons per week 27,123.29 gallons per day And 850,000 Transactions in Year 70,833 Transactions in Month 16,346 Transactions in Week 2,335 Transactions a Day 20 Page 433 of 6529 QUALIFICATIONS: MATTHEW S. SIMMONS Educational Background and Training Bachelor of Science in Business Management (2008) Florida Gulf Coast University, Fort Myers, Florida. Appraisal Board Course I - ABI, Steve Williamson’s Real Estate Education Specialists (2003) Orlando, Florida. Real Estate Transactions, Florida Gulf Coast University (2003) Fort Myers, Florida. Various Appraisal Institute Courses Appraisal Board Course II - ABII, Academy of Real Estate (2005) Fort Myers, Florida. 63 - hour Sales Associate Pre-License Course, Career Web School (2008) Experience Gulf Coast Appraisal and Consulting Services, Inc., Cape Coral, Florida – Associate (2003) Gulf Coast Appraisal and Associates, Inc., Cape Coral, Florida - Associate (2003-2005) Maxwell & Hendry Valuation Services, Inc., Fort Myers, Florida - Residential Division Manager (2005-2013) Maxwell, Hendry & Simmons, LLC, Fort Myers, Florida - Partner (2013-Present) Professional Affiliations State-Certified Residential Real Estate Appraiser, RD5762 State-Licensed Real Estate Broker, BK3214690 Qualified as an expert witness in the Florida District Court: 7th Judicial Circuit, 20th Judicial Circuit Qualified as an expert witness in U.S. District Court: Middle District of Florida Qualified as an expert witness in St. Croix County, Wisconsin Realtor Association of Greater Fort Myers and the Beach, Inc. – Member (2009–Present) National Association of Realtors - Member (2009–Present) Real Estate Investment Society REIS - President (2015) Sanibel-Captiva Chamber of Commerce - Member (2006–Present) Southwest Florida Museum of History Foundation - Board Member (2014–2016) HUD FHA Approved Appraiser Associate Member of the Appraisal Institute (2011–Present) Florida Real Estate Appraisal Board - FREAB - Gubernatorial Appointed Board Member (2012–2016) Florida Real Estate Appraisal Board - FREAB - Chairman (2014) IMAG History & Science Center – Board of Directors (2016–Present) L.E.A.D. Foundation of SWFL - President (2017–Present) Re-certification As of the date of this report, I, Matthew S. Simmons, have completed the requirements under the continuing education program for the State of Florida. 21 Page 434 of 6529# of households in market in 2030 per market study: 23,016 x 1.64 cars per household = 37,746 total cars in market area. Existing RaceTrac and 7-11 Stations @Collier and Rattlesnake Hammock: 16 fueling stations each According to Costco TIS, a station with 24 fueling stations can accommodate a minimum of 400 cars per hour. RaceTrac and 7-11 combined can accommodate 533 cars per hour. (32/24 x 400 = 533) 16 hrs. per day X 533 cars per hour = 8,528 cars per day. (Costco 400 per hour X 16 hrs/day (6 am to 10 pm) = 6,400 cars per day) (Note: RaceTrac is open 17 hrs per day and 7-11 is open 24 hrs per day, so they can actually accommodate more cars than this) 8,528 cars per day times 7 days per week = 59,696 cars per week can be accommodated at RaceTrac and 7-11 These 2 stations alone can easily service all of the cars in the market area filling up once per week. Page 435 of 6529Traffic Impact Study FUELING FACILITY The proposed gas station will include 12 pumps, arranged in a 4x3 configuration, offering 24 individual fueling positions for concurrent service to Costco members. Studies at Costco locations across the nation have shown that Costco fuel facilities generally operate at a fueling service rate of 3.5 minutes per vehicle, meaning that each fueling position can serve approximately 17 vehicles per hour during peak periods. At this rate, a station with 24 fueling positions can achieve a service capacity of more than 400 vehicles per hour, which exceeds the hourly demand observed at similar locations, allowing potential queueing behind the pumps to be managed for extended periods without impacting internal site circulation. Additional information on the typical service rate of Costco Gas stations of various configurations and Costco Gas peak hour demand is provided in responses #18-20 in Appendix A. In addition to the 24 vehicles in fueling position at the pumps, the site design allows for 29 vehicles to be queued behind the pumps within the station area, as illustrated in Figure 11. Therefore, the gas site can serve and store a capacity of 53 vehicles at any one time without interfering with Costco’s internal site circulation. Given the service rate of the 24 individual fueling positions and the additional queue storage space included in the gas station site design, the fueling facility is expected serve Costco members efficiently without negatively impacting site circulation in other portions of the site. Kittelson & Associates Page 30 Page 436 of 6529 Next, we take the gallons sold in the market area including the new project (Table 2.2) and divide it by the gallons consumed per car per week (Table 2.3) to calculate the number of cars stopping in our market area. Supply of Market Area ( Number of Cars) Gallons Sold in Market Area with Project 778,385 Avg Gallons Consumed Per Car Per Week 12.36 Transactions (Cars) per Week 63,001 Table 2.4 Next, we take the projected cars to visit the project from Appendix E Cars per Week at Project Transaction (Cars) per Year 850,000 Transaction (Cars) per Week 16,346 Table 2.6 Finally, we can calculate the supply increase brought about by the new project by taking the Supply of the Project (Table 2.6) and dividing it by the Supply of the Market Area with the Project (Table 2.4) Project Share of Supply Market Area with Project Supply 63,001 Project Supply 16,346 Project Share of Supply 25.95% Table 2.7 8 Page 437 of 6529MARKET DEMAND ANALYSIS The first step of the analysis is to determine population and number of households in the market area both in the current year and as projected in 2030 (Page 8). This is done to determine the growth of the market area and expected growth in gasoline sales based on household spending behavior. 2025 2030 Population 39,641 44,523 12.31% Households 19,908 23,016 15.61% Table 1.1 Next, we take the average amount spent annually on Gasoline per household (Appendix B) and multiply by the number of households to calculate the projected dollars spent on gasoline within the market area. 2025 2030 Avg Amount Spent on Gasoline per Household $3,293 $3,677 Total Spent in Market Area $65,557,044 $84,629,832 Table 1.2 The final step is to measure the growth in dollars spent on gasoline over the 5-year period by taking the difference of 2030’s dollars spent on gasoline in the market and subtracting it from 2025’s dollars spent. This increase of $19,072,788 is equivalent to a 29.09% increase from 2025 to 2030. Total Dollars Percentage Demand Increase from 2025 to 2030 $19,072,788 29.09% Table 1.3 6 Page 438 of 6529 Collier County Florida's 19th most populous county with 1.8% of Florida's population Population Real Gross Domestic Product Real GDP Census Population Collier County Florida (Thousands of Chained 2017 Dollars) Collier County Florida 1980 Census 85,971 9,746,961 2017 GDP 18,972,217 1,014,866,863 1990 Census 152,099 12,938,071 Percent of the State 1.9% 2000 Census 251,377 15,982,824 2018 GDP 19,603,770 1,050,433,812 2010 Census 321,520 18,801,332 Percent of the State 1.9% 2020 Census 375,752 21,538,187 2019 GDP 20,507,135 1,084,913,903 % change 2010-2020 16.9% 14.6% Percent of the State 1.9% Age 2020 GDP 20,314,457 1,069,758,799 % Under 18 years of age 16.7% 19.5% Percent of the State 1.9% % Aged 65 and over 32.6% 21.2% 2021 GDP 22,949,472 1,170,526,307 % Median age 52.9 43.0 Percent of the State 2.0% Gender 2022 GDP 24,158,343 1,239,883,625 % Male 48.7% 48.6% Percent of the State 1.9% % Female 51.3% 51.4% 2023 GDP 25,133,932 1,292,787,615 Race (alone) & Ethnicity Percent of the State 1.9% % Not Hispanic-White 62.7% 51.5% % Not Hispanic-Black or African American 6.0% 14.5% Population by Housing Type % Not Hispanic-American Indian and Alaska Native 0.1% 0.2% % Not Hispanic-Asian 1.4% 2.9% Collier County Florida % Not Hispanic-Native Hawaiian and Other Pacific Islander 0.0% 0.1% Household Population 370,914 21,073,604 % Not Hispanic-Some Other Race 0.4% 0.6% Household Population per Occupied Housing Unit 2.35 2.47 % Not Hispanic-Two or More Races 2.1% 3.7% Group Quarters Population 4,838 464,583 % Hispanic or Latino (of any race) 27.2% 26.5% Population Estimates Housing Collier County Florida Housing Counts Collier County Florida 2021 Estimate 382,680 21,898,945 Housing units, 2020 Census 228,390 9,865,350 % change 2020-2021 1.8% 1.7% Occupied 157,921 8,529,067 2022 Estimate 390,912 22,276,132 Vacant 70,469 1,336,283 % change 2020-2022 4.0% 3.4% 2023 Estimate 399,480 22,634,867 Building Permits % change 2020-2023 6.3% 5.1% Units Permitted Collier County Florida 2024 Estimate 408,381 23,014,551 2000 7,970 155,269 % change 2020-2024 8.7% 6.9% 2010 1,259 38,679 Based on 2023 Estimate 2020 4,473 164,074 2025-20302025 413,299 23,292,200 2021 6,766 213,494 2030 443,006 24,698,545 2022 5,517 211,962 7.19% 2035 466,039 25,814,954 2023 3,618 193,788 2040 484,064 26,682,030 2024 3,524 173,326 2045 499,308 27,409,376 2050 512,716 28,065,018 Density Persons per square mile Collier County Florida Population Characteristics 2000 124.1 296.4 Language Spoken at home Collier County Florida 2010 160.9 350.6 (% of total persons aged 5 and over) 2020 188.2 401.4 Speak only English 67.5% 69.9% 2023 200.0 421.9 Speak a language other than English 32.5% 30.1% 2024 204.5 429.0 Speak English "very well" 20.1% 18.0% Place of birth Households and Family Households Foreign born 24.2% 21.4% Households Collier County Florida Veteran status Total households, 2000 Census 102,973 6,338,075 Civilian population 18 and over 6.5% 7.7% Family households, 2000 Census 71,264 4,210,760 % with own children under 18 32.8% 42.3% Migration Total households, 2010 Census 133,179 7,420,802 Residence 1 Year Ago Persons aged 1 and over Collier County Florida Family households, 2010 Census 89,276 4,835,475 Same house 86.3% 86.0% % with own children under 18 33.0% 40.0% Different house in the U.S. 12.6% 13.0% Average Household Size, 2010 Census 2.38 2.48 Same county in Florida 6.0% 6.9% Average Family Size, 2010 Census 2.84 3.01 Different county in Florida 2.1% 3.1% Total households, 2020 Census 157,921 8,529,067 Different county in another state 4.5% 3.0% Family households, 2020 Census 106,877 5,571,482 Abroad 1.1% 1.0% % with own children under 18 27.8% 36.0% According to Census definitions, a household includes all of the people who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated people who share living quarters. A family includes a householder and one or more other people living in the same household who are related to the householder by birth, marriage, or adoption. Census counts may be corrected for Census Count Question Resolution (CQR). Page 439 of 6529 The subject property is zoned as a Commercial Tract within the existing Hacienda Lakes MPUD. This is also located within Activity Center 7, at the intersection of Rattlesnake Hammock Road and Collier Boulevard, as outlined in the Comprehensive Plan' s Future Land Use Element. Accordingly, “ The maximum amount of commercial uses allowed at Activity Center # 7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant…”. The proposed gas station is an accessory use to the proposed commercial retail use, which is permitted by right on the subject property. The Costco gas station is a members- only gas station, meaning that only Costco members can purchase fuel, whereas RaceTrac and 7-Eleven can both be used by the public. Consequently, since it’ s a members- only club, Costco’ s gas station may not generate as much traffic, as it will be the second Costco with a gas station in the county. In comparison to other public gas stations, the queueing of traffic at Costco will remain internal to the subject property. The proposed Costco Wholesale and gas facility is adjacent to an outparcel to the west that may be developed for more future commercial activity. Since its members only, the Costco gas facility will only generate the traffic of Costco members, either coming to and from the proposed Costco Wholesale or other Costco members in general. No other public may use the Costco gas facility. Attachment B is the Separation Distance Exhibit included with the ASW Petition. Therefore, Zoning Staff recommends APPROVAL. STAFF ANALYSIS OF WAIVER FROM SEPARATION REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS ( ASW) CRITERIA The decision to grant the ASW is based on criteria in LDC Section 5.05.05.B.2.a.i - iv, in bold font below. Staff have analyzed this petition relative to these provisions and offers the following responses: i. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary, structure, or other feature may include, but is not limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals, and a minimum of a 4-lane arterial or collector right-of-way. Applicant’ s Response: The proposed establishment and the existing Automobile Service Station to the north are separated by Rattlesnake Hammock Road ( CR-864) right- of-way, a minimum 4-lane collector. A feature significant to this separation request that should be considered is that the proposed establishment is a Costco Wholesale member- based gas facility associated with the Costco Wholesale store. Furthermore, unlike the existing Automobile Service Station to the north, the proposed establishment is not a conventional automobile service station with gas, a car wash, and a convenience store. Staff Analysis and Recommendation: The boundary to the north of the subject property is a man- made boundary that is a minimum 4-lane collector right-of-way known as Rattlesnake- Hammock Road. This will lessen any impact the proposed gas service at Costco will have, coupled with the fact that it is a members- only gas station. Therefore, Zoning Staff approves this criterion. ii. Whether the facility with fuel pumps is only engaged in the servicing of automobiles during regular, daytime business hours, or, if in addition to or in lieu of servicing, the facility with fuel pumps sells food, gasoline, and other convenience items during daytime, nighttime, or on a 24-hour basis. Applicant’ s Response: The proposed Automobile Service Station will be engaged in providing fuel for vehicles for members of Costco Wholesale, commensurate with the wholesale store’ s hours of operation. The fuel facility will not include a convenience store or car wash. ASW- PL20240011790- Costco Wholesale Page 5 of 7 Page 54 of 1249 Page 440 of 6529 Staff Analysis and Recommendation: At the Neighborhood Information Meeting, the applicant committed that the hours of the gas station will coincide with the store hours. The gas station will not be a 24- hour operation. The gas service is only available to Costco members. Therefore, Zoning Staff approves this criterion. iii. Whether the facility with fuel pumps is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. Applicant’ s Response: The proposed Automobile Service Station is located within a commercially designated parcel in a commercial area in the Hacienda Lakes MPUD, which will be primarily be accessed directly from two ingress/ egress driveway locations on Rattlesnake Hammock Road ( CR- 864) and one ingress/ egress driveway connection to the south to a shared circulation road with Physicians Regional Medical Center that provides several access connections to Collier Boulevard CR- 951). Staff Analysis and Recommendation: Costco' s access is primarily serviced from Rattlesnake Hammock Road ( CR 864), a county right- of-way classified as a collector road. Therefore, Zoning Staff approves this criterion. iv. Whether the granting of the distance waiver will have an adverse impact on adjacent land uses, especially residential land uses. Applicant’ s Response: Granting a distance waiver will not have an adverse impact on adjacent uses. The proposed Automobile Service Station is located within a commercially designated parcel in a developing commercial node in the Hacienda Lakes MPUD, a mixed- use PUD. The commercial parcels and the adjacent medical parcels are well planned to provide adequate separation and transition between various intensities and densities of uses. The vertical improvements, such as the Costco Wholesale building and gas canopy, will be located on the western portion of the parcel to be further separated from adjacent residential uses and the existing FPL powerline easement along the eastern edge of the parcel, which provides more separation and transition. Staff Analysis and Recommendation: The applicant is seeking a distance waiver for the development of a Costco gas station, which would serve as an accessory use for the Costco Wholesale store on site. The gas station is a members- only one that will serve the customers either coming to or leaving from the Costco store, or any other Costco member in transit. The subject property is zoned as a Commercial Tract within the existing Hacienda Lakes MPUD and is located within Activity Center 7, Rattlesnake Hammock Road, and Collier Boulevard, in the Comprehensive Plan Future Land Use Element. Accordingly, “ The maximum amount of commercial uses allowed at Activity Center # 7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant,…”. The proposed development is permitted to be developed by right on the subject property since it is a commercial retail use. The gas station will serve as an accessory to the commercial retail. According to the distance separation exhibit on page 5 of the Staff Analysis section, the proposed location of the pumps on site will be in the northwest corner of the subject parcel. This location is closer to the adjacent commercial uses to the north and as close as possible to the intersection of Rattlesnake Hammock and Collier Boulevard. For the development of the site, it is preferable to locate the gas service station as far away as possible from nearby residences. The queueing of automobiles will be internal to the Costco site and won’ t be a nuisance to adjacent properties or nearby residences. The subject property will include a parking lot that exceeds the minimum code requirements and will also comply with the landscape and buffering requirements outlined in the code. If granted, the auto- service station waiver, along with the requested deviations in the companion PDI application, PL20240011559, won’ t cause any adverse impacts to adjacent land uses, especially residential land uses. Therefore, Zoning Staff approves this criterion. ASW- PL20240011790- Costco Wholesale Page 6 of 7 Page 55 of 1249 Page 441 of 6529Page 442 of 6529Page 443 of 6529Collier County, FL Land Development Code about:blank interest of protecting the health, safety, and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking, and permitted sales and service activities of facilities with fuel pumps. B. Site design requirements. 1. Table of site design requirements: Minimum dimensions: Site Standards Minimum lot area (sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent facilities with fuel pumps (ft.) (based on 500 distance between nearest points) Minimum setbacks, all structures:   Front yard (ft.) 50 Side yard (ft.) 40 Rear yard (ft.) 40 2. Waiver of separation requirements. a. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth herein if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of a facility with fuel pumps is separated from another facility with fuel pumps by natural or man-made boundaries, structures, or other features which offset or limit the necessity for such minimum distance requirements. The BZA's decision to waive part or all of the distance requirements shall be based upon the following factors: i. Whether the nature and type of natural or man-made boundary, structure, or other feature lying between the proposed establishment and an existing facility with fuel pumps is determined by the BZA to lessen the impact of the proposed facility with fuel pumps. Such boundary, structure, or other feature may include, Page 444 of 6529 36 of 45 8/19/25, 3:40 PMCollier County, FL Land Development Code about:blank communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in- field separation and removal of test production. (See Oil extraction and related processing.) Facade: That portion of any exterior elevation of a building extending from finished grade to the top of the parapet wall or eaves, extending the entire width of the building elevation, and exposed to public view. Facility with fuel pumps: Any establishment that sells, distributes, or pumps fuels for motor vehicles whether or not such facility provides automotive repair services or includes a convenience store. See fuel pump definition. Family care facility: A residential facility designed to be occupied by not more than 6 persons under care, plus staff as required by rule 59A-36.010, F.A.C., and constituting a single dwelling unit (i.e., adult congregate living facility for: aged persons; developmentally disabled persons; physically disabled or handicapped persons; mentally ill persons; and persons recovering from alcohol and/or drug abuse). Foster care facilities are also included, but not the uses listed under group care facility (category II). This use shall be applicable to single-family dwelling units and mobile homes. Family day care home: Shall have the meaning provided in the Florida Statutes. Final local development order: Any valid, unexpired building permit issued by the county. As to the provisions in Sections 6.02.00 and 10.02.07, respectively, pertaining to COA's and adequate public facilities only, a final local development order is a final subdivision plat, a final approved site development plan, or building permit or mobile home tie-down permit issued by the county. Fire station: The building(s) and site of a government establishment primarily engaged in firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and apparatus, firefighters, and support/administrative staff. Fire station services, ancillary: Fire protection activities imperative to carry out the purposes of a government establishment primarily engaged in firefighting, such as fire training camps, but which is not required to be located at a fire station for that fire station to serve its function. However, services designed to repair any firefighting equipment is not an ancillary fire station service. Flood: A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface Page 445 of 6529 12 of 45 8/19/25, 3:40 PMCollier County, FL Land Development Code about:blank I. Each facility with fuel pumps shall provide the necessary infrastructure and pre-wiring in order to provide the capabilities for generator service in case of emergencies. J. In addition to the retail dispensing of automobile fuels and oil, only the following services may be rendered and sales made, except as indicated: 1. Sales and servicing of spark plugs, batteries, distributors, and distributor parts. 2. Sales, mounting, balancing, and repair of tires and wheel alignments, but not recapping of tires. 3. Sales and replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems, and the like. 4. Provision of water, antifreeze, flushing of the cooling system, air conditioning recharge, and the like. 5. Providing and repairing fuel pumps and lines. 6. Minor motor adjustments not involving removal of the head or crankcase. 7. Greasing and lubrication. 8. Sales of cold drinks, candies, tobacco, and similar convenience goods for customers. 9. Provision of road maps and other information. 10. No mechanical work shall be allowed outside of the enclosed areas. 11. Oil drainage pits or appliances for such purpose or repair purposes shall be located within a wholly enclosed building. 12. Uses permissible at a facility with fuel pumps do not include major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles (except as expressly permitted in subsection 13. below), commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such stations. A facility with fuel pumps is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truck stop. 13. The temporary storage of vehicles shall be permitted if the vehicles are to be serviced at the facility with fuel pumps or if the vehicles have been towed by the facility with fuel pumps and are being held for servicing, for an insurance company, or for salvage. Any such vehicle(s), other than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high. Said vehicles shall not be stored longer than sixty (60) days. 14. Washing and polishing of automobiles and sale of automobile washing and polishing Page 446 of 6529 9 of 10 6/16/25, 11:03 AMCollier County, FL Land Development Code about:blank 1.08.02 - Definitions Abut or abutting: To share a common property line or boundary at any one point. Accent lighting: Exposed strands or tubes of lighting that outline a structure, or to maintain a common architectural theme to attract attention to any business, service, or other related functions. Access: The means or place of ingress and egress, by pedestrian or vehicle, to a lot or parcel. Access waterways: A waterway which is developed or constructed in conjunction with the division of real property for the purpose of providing access by water to lots within a subdivision. (See Chapters 4 and 10.) Accessory parking zone (APZ): Residentially zoned lots that are permitted for off-street parking or water retention and management areas. APZ lots must be adjacent to the Neighborhood Commercial, Waterfront and Mixed Use subdistricts and have a common lot line and be under same ownership or legal control (lease, easement, etc.). Accessory unit: An accessory unit is a separate structure related to the primary residence for uses which include, but are not limited to: library studio, workshop, playroom, or guesthouse. Accessory use or structure: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. Adjacent (applicable to School Board Review issues only): Lying near or adjoining [see also Abutting property or adjacent property]. Adjacent: To share a common property line or boundary, or to be separated by a public right-of-way, easement, or water body. Adult day care center: A facility that provides temporary care on a daily basis for adults, whether for compensation or not, and without overnight accommodations. Adverse Impacts: Impacts generated by land alteration or land use, whether permanent or temporary, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact on any of the following: listed species and their habitat; natural reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural waterbodies; air quality, and historic or archeological resources identified by Collier County or the State of Florida. Aeronautics: Means transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities, and air instruction. Page 447 of 6529 1 of 45 8/19/25, 3:40 PMPage 448 of 6529 ORDINANCE NO. 2022- 18 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 11- 41, THE HACIENDA LAKES MIXED USE PLANNED UNIT DEVELOPMENT, TO CHANGE THE BUSINESS PARK AND RESIDENTIAL TRACT LINES, REMOVE THE RV TRACT AND ADD ACCESS POINTS ALONG THE NORTHERN MPUD BOUNDARY; BY REVISING DEVELOPMENT STANDARDS; AND BY ADDING DEVIATIONS. THE SUBJECT PROPERTY, CONSISTING OF 2, 262+/- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD ( C. R. 951) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12, 13, 14, 23, 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [ PL20210001791] WHEREAS, on October 25, 2011, the Board of County Commissioners approved Ordinance No. 11- 41, which created the Hacienda Lakes Mixed Use Planned Unit Development MPUD"); and WHEREAS, Alexis Crespo, AICP of RVI Planning + Landscape Architecture, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P. A. representing Toll FL XIII Limited Partnership, petitioned the Board of County Commissioners to amend the MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The MPUD Document attached as Exhibits " A" through " G" to Ordinance No. 11- 41 is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibits " A" through" G" and incorporated by reference herein. 21- CPS- 02163/ 1715485/ 1] 152 Isles of Naples- Hacienda PUDA 1 of 2 4/ 22/22 Page 449 of 6529 mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify this cost. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project' s mitigation. State and Federal mitigation does not include County required mitigation. In lieu of EMS impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County- owned State or Federal panther and wetlands credits equal to the value of the EMS impact fee credits calculated pursuant to this paragraph. VI TRANSPORTATION For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord' s Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA The Owner shall construct ( here forward to mean " constructed to meet minimum County requirements for acceptance"), at its sole expense without road impact fee credits, the initial two lanes ( south side) of Rattlesnake Hammock Road Extension from C. R. 951 to Florida Power Line Easement( approximately 0. 25 miles). In addition, the Owner shall construct the Collier Boulevard/ Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure 1, below. Upon completion ( here forward to mean " completed construction to County minimum requirements, and reserved for future conveyance to the County at the County' s request.") of all of such improvements, the Owner shall be allowed to develop up to 327, 500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1, 409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 58 of 79 BCC Approved 10/ 25/ 11 Page 450 of 6529 Figure 1- Hacienda lakes DRI- Commitment I Wand v Existing Lanes/ Turn Lanes t Lanes/ Turn Lanes tote Constructed/ Reconstructed Roadway Segment to be Constructed i Potential Areas to be Developed T, y***.'h p i it at 7 11tttr 1 Rattlesnake Hammock Road tension I r, ' . Residenwl it y .`,.. ii illb \ j t 4 1 Florida Power Line Easement II. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds ( approximately 0. 25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of Such itttp' oventcnt, the- Owner- shall be allowed to--develop- the- following additional land uses: 20, 000 Square Feet of General Office, and; 50, 000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327, 500 Square Feet of Retail ( if applicable pursuant to Commitment 1), and; Remaining portion of Residential Pod A ( if applicable pursuant to Commitment I), and; Required residential uses within Activity Center land use; Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 59 of 79 Approved CCPC Consent- Rev. 09/ 15/ I 1 Page 451 of 6529 INSTITUTE OF TRANSPORTATION ENGINEERS COMMON TRIP GENERATION RATES (AM/PM PEAK HOUR) (TRIP GENERATION MANUAL, 11TH EDITION) TRIPS PER UNIT TRIPS PER UNIT CODE DESCRIPTION UNIT OF MEASURE (AM PEAK HR) (PM PEAK HR) RESIDENTIAL 210 Single-Family Detached Housing Dwelling Units 0.75 0.99 220 Apartment Dwelling Units 0.47 0.57 221 Low-Rise Apartment Dwelling Units 0.35 0.39 222 High-Rise Apartment Dwelling Units 0.33 0.40 230 Residential Condominium/Townhouse Dwelling Units 0.44 0.39 240 Mobile Home Park Dwelling Units 0.47 0.65 251 Senior Adult Housing-Detached Dwelling Units 0.34 0.39 252 Senior Adult Housing-Attached Dwelling Units 0.29 0.30 253 Congregate Care Facility Dwelling Units 0.19 0.23 254 Assisted Living Beds 0.22 0.33 255 Continuing Care Retirement Community Dwelling Units 0.19 0.25 270 Residential Planned Unit Development Dwelling Units 0.58 0.72 LODGING 310 Hotel Rooms 0.53 0.60 320 Motel Rooms 0.40 0.41 330 Resort Hotel Rooms 0.41 0.50 RECREATIONAL 415 Beach Park Acres 0.48 0.60 420 Marina Berths 0.12 0.20 430 Golf Course Acres 0.33 0.39 TRIPS PER UNIT TRIPS PER UNIT CODE DESCRIPTION UNIT OF MEASURE (AM PEAK HR) (PM PEAK HR) RECREATIONAL 445 Multiplex Movie Theater Movie Screens 27.11/71.81 *** 480 Amusement Park Acres 3.16/17.58 4.99/17.58 *** 488 Soccer Complex Fields 1.77/37.48 16.90/37.48 *** 490 Tennis Courts Courts - 4.21 * 492 Health/Fitness Club 1,000 SF 1.40 3.92 493 Athletic Club 1,000 SF 3.40 6.36/8.60 *,*** 495 Recreational Community Center 1,000 SF 1.85 2.53 INSTITUTIONAL 520 Elementary School Students 0.75 0.45 522 Middle School/Junior High School Students 0.74 0.36 525 High School Students 0.51 0.32 532 Private School (k-12) Students 0.80 0.53 540 Junior/ Community College Students 0.12 0.13 560 Church 1,000 SF 0.68/10.36 0.80 *** 565 Daycare Center 1,000 SF 11.73 11.82 566 Cemetery Acres 1.23 1.26 590 Library 1,000 SF 6.25 8.53 MEDICAL 610 Hospital 1,000 SF 0.86 0.98 620 Nursing Home 1,000 SF 0.65 0.82 630 Clinic 1,000 SF 3.44 4.22 * Users are cautioned to use data with care because of the small sample size. **Applicable for Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. ***Note highest peak generator outside normal peak hours. Use higest gerator for initial evaluation. Esplanade at Hacienda Lakes 443 homes x 0.72 PM trips per home = 318 total trips EKOS (Cadenza and Allegro at Hacienda Lakes) 320 Units x 0.30 per unit = 96 total trips Total 414 PM Peak Hour Trips Page 452 of 6529Traffic Impact Study Future Conditions Trip Generation The trip generation analysis was conducted for the proposed warehouse and ancillary gas. Several land use alternatives were considered for the 4.10-acre outparcel. including retail, bank and general office buildings, and the highest trip generator (retail) was adopted for this analysis. The analysis was conducted using information published by the Institute of Transportation Engineers (ITE) Trip Generation (11th Edition) and Trip Generation Handbook (3rd Edition). A maximum 25% pass-by rate was used as required by the County TIS guidelines for when ITE pass-by rate is greater than 25% (ITE has 37% & 40% pass-by rate for warehouse and retail, respectively). Table 4 summarizes the resulting trip generation analysis. Trip generation resources are included in the Appendix G. Table 4: Project Trip Generation AM Peak-Hour Trips Ends PM Peak-Hour Trips Ends Land Use ITE Code Intensity Daily Type In Out Total In Out Total Warehouse 857 162.67 ksf 6,907 79 51 130 341 341 682 Retail 821 44.98 ksf 4,250 99 60 159 195 211 406 1088 trips + 414 New Gross Trip Ends 11,157 178 111 289 536 552 1,088 = 1,502 25% Pass-By Trips (Warehouse) 1,727 17 16 33 86 85 171 total trips 25% Pass-By Trips (Retail) 1,063 20 20 40 51 51 102 exceeding max of Net New External Trip Ends 8,367 141 75 216 399 416 815 1,409 Source: ITE Trip Generation, 11th Edition; Equations were used where r-squared > 0.75 The proposed development is projected to generate 8,367 new net external daily trips of which 216 trips occur during the AM peak hour and 815 trips occur during the PM peak hour. The project generates more than 100 net new total 2-way PM peak hour trips. Therefore, a major study consistent with the Collier TIS guideline is proposed. Trip Distribution and Assignment The project trip distribution and assignment were estimated based on a select zone analysis using the District One Regional Planning Model, Version 2.1, project driveway distribution, and local traffic patterns. The proposed distribution for the future year is included in Figure 4 and Figure 5 with the detailed model plots included in Appendix H. Kittelson & Associates Page 12 Page 453 of 6529 Attachment 3 155 Grand Avenue, Suite 505 Oakland, CA 94612 P 510.839.1742 MEMORANDUM March 17, 2023 Project #: 28036 To: Michael Okuma, Costco Wholesale From: Amy Lopez, Mingmin Liu RE: West Roseville Costco Warehouse Retail Site (Sierra Vista) – Trip Generation Comparison Kittelson & Associates, Inc. (Kittelson) has prepared this summary of the trip characteristics expected for the construction of a new Costco warehouse retail center to be located along Baseline Road west of Fiddyment Road in Roseville, CA (project) within the Sierra Vista Specific Plan area. This memorandum forecasts the anticipated trip generation for the project and provides a comparison to the commercial land use trip generation documented in the Sierra Vista Specific Plan Environmental Impact Report (EIR). As presented in this memo, the project is expected to generate fewer daily trips than the full commercial land use development of the Sierra Vista Specific Plan area. Moreover, the project’s trip generation is consistent with the relative share of trips a large anchor retail use, like Costco, was projected to generate in the EIR’s analysis. Therefore, the project would not result in new or more severe transportation impacts than the EIR analyzed. PROJECT BACKGROUND Costco Wholesale is proposing to construct an approximately 160,529-square-foot Costco warehouse retail center on the property located at the northwest corner of Baseline Road and Fiddyment Road in the City of Roseville. Figure 1 presents the project site plan. The project is consistent with the permitted uses and intensity of development established within the Sierra Vista Specific Plan. The project will facilitate development of a Costco warehouse retail center while remaining in conformance with and advancing the intent of the existing Sierra Vista Specific Plan. TRIP GENERATION Costco Trip Database For more than 20 years, Kittelson has maintained a database of trip data and travel characteristics for Costco Wholesale. The database contains transportation information such as trip rates and trip type percentages for Costco locations throughout the United States as well as Canada and Mexico. The database is updated periodically when new Costco traffic counts or other such information become available to Kittelson. To best evaluate the anticipated transportation characteristics of the proposed warehouse in the City of Roseville, Kittelson used the Costco trip database to develop a trip generation estimate as it provides use-specific data that most accurately represents the anticipated transportation characteristics of this unique development type. Kittelson & Associates, Inc. Page: 1 of 5 Page 454 of 6529 Attachment 3 Project #: 28036 West Roseville Costco Warehouse Retail Site (Sierra Vista) – Trip Generation Comparison Figure 1: Project Site Plan Kittelson & Associates, Inc. Page: 2 of 5 Page 455 of 6529 Attachment 3 Project #: 28036 West Roseville Costco Warehouse Retail Site (Sierra Vista) – Trip Generation Comparison The warehouse trip rates summarized herein rely on data collection conducted at Costco sites located across the western region of the United States. The trip studies were completed using industry standard engineering practices consistent with guidance within the Institute of Transportation Engineers (ITE) standard reference, Trip Generation Manual, 11th Edition. These cordon surveys were conducted between 2015 and 2021 and include 18 surveys of Costco warehouses with fuel stations in California, Arizona, Oregon, Utah, and Washington. The Costco buildings surveyed range in size between 143,916 square feet and 169,617 square feet, with an average size of 156,203 square feet. The existing Costco locations all included fuel stations, ranging from 20 to 32 fueling positions. Table 1 summarizes trip characteristics for the weekday daily trips using Costco’s daily trip rate as compared with ITE’s daily trip rate. Table 1: Trip Characteristics for Costco Warehouse and ITE Land Use 857 (Discount Club) Costco Weekday Daily ITE Land Use ITE Weekday Daily Trip Rate (per KSF) Trip Rate (per KSF) Costco Warehouse 99.4 42.5 ITE Land Use 857 Primary Trips 59% 66% (Discount Club) Pass-by Trips 20% 34% Diverted Trips 21% - Source: Kittelson & Associates, Inc., 2023; ITE Trip Generation Manual 11th Edition Note: PM peak hour pass-by and diverted trip rates were applied for daily rates. As shown in Table 1, the project is expected to generate 99.4 weekday daily trips per thousand square feet (KSF). This rate is higher than the rate from ITE’s Trip Generation Manual, 11th Edition, for Land Use 857 (Discount Club) – 42.46 weekday daily per KSF. This comparison confirms that this analysis takes a conservative approach. The percentage of primary, pass-by, and diverted trips for a Costco warehouse are developed from member surveys taken at existing warehouses. These trip types are described below. • Primary Trips: an entirely new trip on the roadway system for the express purpose of driving to and from Costco • Pass-by Trips: existing trips on roadways adjacent to the site for which drivers turn into the Costco site and then, after shopping, continue to their ultimate destination • Diverted Trips: existing trips on nearby roadways in which a driver decides to drive out of their way for a distance to shop at Costco and, when their shopping is concluded, continues their trip to the ultimate destination Project Trip Generation Comparison Kittelson estimated trip generation for the project for the weekday daily using the Costco trip rates presented in Table 1. Pass-by and diverted rates for the weekday PM peak hour were used to estimate weekday daily pass- by and diverted trips. Kittelson accessed the Sierra Vista Specific Plan EIR and its appendices online1 to document the trip generation assumed for the specific plan area. 1 https://www.roseville.ca.us/workspaces/One.aspx?objectId=8859666&contextId=8859666 Kittelson & Associates, Inc. Page: 3 of 5 Page 456 of 6529 Attachment 3 Project #: 28036 West Roseville Costco Warehouse Retail Site (Sierra Vista) – Trip Generation Comparison Table 2: Trip Generation Comparison Costco Warehouse Trip Type Size (KSF.) Weekday Daily Total Site Trips 15,953 Pass-by Trips (3,139) 160.53 Diverted Trips (4,348) Primary Trips 8,466 ITE Trip Generation Manual 11th Edition Trip Type Size (KSF.) Daily Trips Total Site Trips 6,815 Pass-by Trips 160.53 (2,317) Primary Trips 4,498 Sierra Vista Specific Plan EIR Trip Type Size Daily Trips Single Family Trips 4767 Units 42,903 Multi-Family Trips 1,888 Units 12,272 Commercial Trips 1,718 KSF 60,130 Office Trips 517.3 KSF 9,156 Church Trips 45.7 Acres 425 School Trips 3,600 Students 3,600 Park Trips 89.9 Acres 198 Sierra Vista Specific Plan Daily Trips 128,684 Source: Kittelson & Associates, Inc., 2023; Sierra Vista Specific Plan EIR, 2009; ITE Trip Generation Manual 11th Edition As shown in Table 2, the project is estimated to generate fewer primary trips, which would be new to the transportation system, than were assumed for commercial land uses in the Sierra Vista Specific Plan EIR. For example, the project would generate 8,466 weekday daily primary trips whereas the Sierra Vista Specific Plan area was estimated to generate 60,130 daily Commercial land use trips. The project’s 160 KSF would generate 8,466 weekday primary trips, accounting for approximately 14 percent of the total daily trips from Commercial land uses designated in the Sierra Vista Specific Plan, which is consistent with the expected share of trips attributable to a large retail anchor such as Costco. The Sierra Vista Specific Plan EIR estimated the number of commercial trips anticipated to be generated by development of 1,718 KSF Kittelson & Associates, Inc. Page: 4 of 5 Page 457 of 6529 Attachment 3 Project #: 28036 West Roseville Costco Warehouse Retail Site (Sierra Vista) – Trip Generation Comparison of commercial land use using the City of Roseville and Placer County travel demand model. The model accounted for the various uses (e.g., strip mall, big box retail, small scale retail) that can comprise commercial land uses. In other words, the trip estimate in the Sierra Vista Specific Plan EIR assumed and accounted for large anchor retail uses, like Costco, that would generate a higher volume of trips relative to the amount of land developed as well as smaller retail uses, which contribute a relatively smaller share of trips toward the total commercial trip estimate. The project is consistent with the uses evaluated in the Sierra Vista Specific Plan EIR and is consistent with the uses assumed in the travel demand model. Specifically, the trips from the Commercial land use total that would be attributable to the project is consistent with the amount of trips an anchor retail use within the Specific Plan area would have been projected to generate based on the total number of trips assigned to all commercial development in in the area by the EIR. The remaining portions of Commercial land use in the Specific Plan area that are not proposed for development by the project have been and would be developed as considered in the Sierra Vista Specific Plan EIR. Such developments would be expected to generate trips at a lower rate than the project, because they consist of smaller retail uses. Should future development be proposed for areas within the Specific Plan area that differ from the Sierra Vista Specific Plan EIR’s assumptions about the mix of retail uses within the area, those future projects would be subject to subsequent, project-level CEQA consideration. NEXT STEPS We trust the information provided to estimate trip generation for the project is sufficient to demonstrate the project is consistent with the Commercial land use assumed in the Sierra Vista Specific Plan EIR with respect to trip generation. Please contact Amy Lopez at alopez@kittelson.com or 510-433-8064 with any questions or to schedule a meeting. Kittelson & Associates, Inc. Page: 5 of 5 Page 458 of 6529 851 SW 6th Avenue, Suite 600 Portland, OR 97204 P 503.228.5230 Technical Memorandum March 28, 2024 Project# 29755 To: Pari Holliday, Costco Wholesale From: Kristine Connolly and Amy Griffiths RE: Littleton Costco Trip Generation INTRODUCTION Costco Wholesale is proposing to develop a Costco warehouse and Costco Gasoline fuel station on property in the southeast corner of W Mineral Avenue/Mineral Place in Littleton, Colorado. This memorandum provides a summary of the trip generation rates and characteristics of Costco Warehouses with fuel stations based on surveys of similar Costco locations. The existing site was previously a research and development office facility for the Lumen company. However, the site is vacant and generates no traffic today. The site would be accessed via connections to W Mineral Avenue, S Elati Street and Southpark Terrace. The proposed Costco warehouse is anticipated to be approximately 161,000 square-feet and the site will include a four-island fuel station with eight fueling positions on each island, for a total of 32 fueling positions. Both the Costco warehouse and Costco Gasoline fuel station will only be available to Costco members. COSTCO SITE TRIP GENERATION ESTIMATE Kittelson & Associates, Inc. (Kittelson) has maintained a database of traffic data and travel characteristics for Costco Wholesale for over 20 years. This database includes trip generation studies conducted at Costco Wholesale sites using industry standard engineering practices consistent with guidance provided within the Institute of Transportation Engineers (ITE) standard reference, Trip Generation Handbook. The resulting Costco trip database includes facilities with gas stations and the gas station trips are inherently included in the overall trip generation for the Costco development (warehouse and fuel station). The database includes trip rates, trip type percentages, and parking demand for Costco locations in the United States as well as Canada and Mexico. The database is updated and refined as new Costco traffic counts or information become available to Kittelson. Costco has invested significant effort into developing this site-specific trip generation database for both their warehouses and their fuel stations because of the unique characteristics of Costco customer travel that exist due to membership requirements and the nature of Costco sales. These unique elements apply to the trip generation and distribution for Costco warehouses, Costco Gasoline fuel stations, and the interaction of trips between the two. Based on the database, Costco sites typically generate higher traffic volumes than other land uses with similar building sizes. Costco Gasoline fuel stations all function as ancillary uses to the main Costco Warehouses. Like other Costco services, fuel can only be purchased by Costco members. Payment at the Costco fuel stations can only be made with a credit card and, unlike traditional gas/service station operations, there are no other automotive services (such as repairs) or other type of sales (including food or sundries) associated with the Costco Gasoline fuel stations. The Costco Gasoline fuel station will have a minimum of one attendant Kittelson & Associates, Inc. Page 459 of 6529March 2024 Page 2 Littleton Costco Trip Generation working at all times. The attendant(s) is responsible for safety, expediting members’ use of the fuel positions, directing entering vehicles to available positions, and managing on-site queues. Costco Wholesale Trip Generation The Costco database includes customer survey information to provide the percentage of primary, pass-by, and diverted trips, as further described below.  Primary Trips (an entirely new trip on the roadway system for the express purpose of driving to and from Costco),  Pass-by Trips (existing trips that are on roadways adjacent to the site that allow the motorist to turn into the Costco development, and then continue on to their ultimate destination when their shopping is concluded), and  Diverted Trips (existing trips on nearby roadways in which the motorist makes a decision to drive out-of- direction for a distance to stop at Costco, and when their shopping is concluded, continue on their trip to the ultimate destination). Table 1 summarizes the average trip generation rates recorded at four representative Costco warehouses in Colorado. The table also summarizes the percentage of primary, pass-by, and diverted trips during weekday PM peak hour and Saturday midday peak hour based on the data from 15 surveys of Costco Warehouses in Western United States1. In addition to analyzing the traditional weekday AM and PM peak hours, the Saturday midday data is offered because Costco warehouses typically experience the highest customer volumes during the Saturday midday peak. The Costco warehouse typically opens after 10:00 AM weekdays, meaning there are relatively few trips generated during the weekday AM peak hour, and they are comprised mostly of Costco fuel station trips. Table 1. Average Trip Characteristics for a Costco Warehouse with Fuel Station Weekday AM Peak Weekday PM Peak Saturday Midday Peak Weekday Hour Hour Saturday Hour Land Use/ Daily Trip Trip Trip Daily Trip Trip Trip Type Rate Rate Portion Portion Rate Portion Portion Rate Rate Portion Portion (per KSF) (per In Out (per In Out (per KSF) (per In Out KSF) KSF) KSF) Costco Warehouse 65.54 1.33 53% 47% 7.09 49% 51% 78.47 10.97 50% 50% with Fuel Station Primary Trips N/A 52%1 52% N/A 60% Pass-by Trips N/A 19%1 19% N/A 19% Diverted N/A 29%1 29% N/A 21% Trips Source: Kittelson & Associates, 2023. 1,153 trips 1 Weekday AM Peak Hour Pass-by and Diverted rates are based on the PM Peak Hour. +414 = 1,567 7.09 trips per KSF x 162.67 = 1,153 PM Peak Hour Trips South Naples total trips exceeding max of 1,409 1 Includes data from Arizona, California, Idaho, Oregon, Utah, and Washington. Weekday PM peak hour trip types were available at 14 sites and Saturday midday peak hour trip types were available at 15 sites. Kittelson & Associates, Inc. Page 460 of 6529March 2024 Page 3 Littleton Costco Trip Generation Littleton Costco Trip Generation Estimate Table 2 presents trip generation estimates for the proposed Littleton Costco Warehouse and fuel station based on the data shown in Table 1. In this case, pass-by trips would be from W Mineral Avenue. The diverted trips in the study area are expected to travel to/from Broadway, County Line Road and Colorado 470. While treated as new trips and some nearby intersections, diverted trips result in fewer system capacity and environmental impacts as compared to new trips to the system because these trips generally have no impact once traced back onto the system they divert from. Table 2. Littleton Costco Warehouse with Fuel Station Trip Generation Estimate Weekday Weekday AM Peak Weekday PM Peak Saturday Midday Land Use/ Trip Daily Trips Hour Hour Peak Hour Size Type (Saturday Daily Trips) Total In Out Total In Out Total In Out Costco 10,552 Warehouse with 214 113 101 1,141 559 582 1,766 883 883 (12,634) Fuel Station Pass-by Trips (19% weekday AM, weekday N/A -40 -20 -20 -216 -108 -108 -336 -168 -168 161 PM, and Sat KSF midday) Diverted Trips (29% weekday AM and PM, N/A -62 -31 -31 -330 -165 -165 -370 -185 -185 21% Sat midday) Net New Primary Trips 112 62 50 595 286 309 1,060 530 530 Source: Kittelson & Associates, 2023 Comparison to ITE Trip Generation Rates for Discount Club The use of the Costco-specific trip generation data results in a higher number of total trips at the site driveway and nearby off-site intersections when compared to the general data in the ITE Trip Generation Manual for Discount Club (ITE Land Use Code 857). By comparison, the Trip Generation Manual Discount Club data was collected at:  unidentified retail businesses,  in unidentified communities,  at sites that may or may not include on-site fueling pumps,  and at sites located in Alabama, Alberta (Canada), California, Connecticut, Delaware, Florida, Maryland, Massachusetts, Ohio, Oregon, Pennsylvania, and Washington. The ITE Trip Generation Manual, 11th Edition trip rates were reviewed to provide a comparison to the Costco database. The land use designation Discount Club (857) was applied, with estimates provided in Table 3. The ITE data for Discount Club includes some sites with fuel centers and provides pass-by trip rates for the weekday PM and Saturday midday peak hours. ITE does not provide diverted trip rates for Discount Club. Kittelson & Associates, Inc. Page 461 of 6529March 2024 Page 4 Littleton Costco Trip Generation Table 3. Littleton Costco Warehouse and Costco Fuel Station Trip Generation Estimate Using ITE Rates Weekday Daily Weekday AM Weekday PM Peak Saturday Midday Trips Peak Hour Hour Peak Hour Land Use Size (Saturday Daily Trips) In Out Total In Out Total In Out Total Discount Club (ITE 6,836 Code 857) Total Trip 129 79 50 675 337 338 1,026 503 523 (8,654) Ends 161 Pass-by Trips (34% KSF weekday AM and N/A2 -44 -22 -22 -230 -115 -115 -256 -128 -128 PM1, 25% Sat midday) Net New Primary Trips 85 57 28 445 222 223 770 375 395 1 Weekday AM Peak Hour Pass-by and Diverted rates are based on the PM Peak Hour. 2 Weekday Daily and Saturday Daily trip estimates do not account for pass-by and diverted trips. The trip generation estimate based on the Costco database was compared to the estimate based on the ITE Trip Generation Manual in Table 4. Table 4. Net New Primary Trip Generation Comparison for Littleton Costco Saturday Weekday Weekday AM Weekday PM Saturday Midday Peak Daily1 Peak Hour Peak Hour Daily1 Hour Costco Specific 10,552 112 595 12,634 1,060 Data ITE Manual 6,836 85 445 8,654 770 Difference +3,716 +27 +150 +3,980 +290 1 Weekday Daily and Saturday Daily trip estimates do not account for pass-by and diverted trips. As shown in Table 4, the trip generation based on Costco Specific data shows a higher number of net new primary (external) trips. It is our professional judgment that the Costco trip rates derived from existing Costco sites are representative of the expected trip generation for the proposed Littleton Costco. We therefore recommend using them for evaluating the impact of the proposed Costco site on the surrounding roadway network. We also note that Costco makes a significant long-term investment in each of their development sites and, as a member-based retailer, it is in Costco’s best interest to be certain that the transportation facilities that will serve the site are appropriately designed to facilitate access for members as well as to serve the needs of the surrounding community. Please contact us at 503.535.7448 or kconnolly@kittelson.com if you have questions and/or want to discuss this information. Kittelson & Associates, Inc. Page 462 of 6529Page 463 of 6529Page 464 of 6529Page 465 of 6529Page 466 of 6529Page 467 of 6529Page 468 of 6529Page 469 of 6529Page 470 of 6529 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE AMENDING ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT, TO APPROVE AN INSUBSTANTIAL CHANGE TO THE PUD, TO ADD DEVIATIONS FOR RELIEF FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE RELATING TO ARCHITECTURAL GLAZING STANDARDS, BUILDING FAÇADE MASSING, LIGHT FIXTURE HEIGHTS, LOADING SPACES, LANDSCAPE STANDARDS FOR INTERIOR VEHICULAR USE AREAS, AND SIGNAGE, AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PARCEL IS IN THE COMMERCIAL TRACT OF THE MPUD AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011559] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND DEVELOPMENT CODE, FOR DEVELOPMENT OF A COSTCO WHOLESALE, WITH A RESULTING SEPARATION DISTANCE OF 132 FEET FROM THE PROPERTY LINE OF THE EXISTING 7-ELEVEN. THE SUBJECT PROPERTY IS LOCATED IN THE COMMERCIAL TRACT OF THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011790] Page 471 of 6529 A copy of the proposed Ordinance/ Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 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 Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier.gov. Any person who decides to appeal any decision of the Board 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 472 of 6529 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 473 of 6529 10/14/2025 Item # 9.A ID# 2025-3540 Executive Summary *** This item to be heard at 1:00 PM. *** This item requires that Board members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 11-41, as amended, the Hacienda Lakes Mixed-Use Planned Unit Development, to approve an insubstantial change to the PUD, to add deviations for relief from the Collier County Land Development Code relating to architectural glazing standards, building façade massing, light fixture heights, loading spaces, landscape standards for interior vehicular use areas, and signage, and providing for an effective date. The subject parcel is in the Commercial Tract of the MPUD located at the southeast corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of +/-25.86 acres of the +/-2,262 acre MPUD. (PL20240011559) (This Item is a companion to 8.A. ASW-PL20240011790) OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations regarding the above-referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The site is approximately ±25.86 acres in the Commercial Tract of the ±2,262 acre Hacienda Lakes MPUD located at the southeast corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road. The petitioner requests an Insubstantial Change to the PUD (PDI) for the development of a new Costco Wholesale with deviations for relief from the Collier County Land Development Code relating to architectural glazing standards, building facade massing, light fixture heights, loading spaces, landscape standards for interior vehicular use areas, and signage. More specifically, the following six deviations are requested (deviations are numbered below consistent with how they appear in the PUD Exhibit E "List of Requested Deviations from the LDC" in the attached draft Ordinance): Deviation #20 - From LDC Section 4.02.08 for relief from the maximum light pole height of 25 feet. Deviation #21 - From LDC Section 4.05.04.C for relief from the additional requirement to obtain a variance and provide double the interior landscaping if the commercial project includes more than 120% of the required parking. Deviation #22 - From LDC Section 4.05.06.B for relief from the minimum loading spaces required to allow five loading spaces. Deviation #23 - From LDC Section 5.05.08.D.2.b.i for relief from the requirement for 45% glazing on three combined primary facades of the building to allow a combination of glazing and planted trellis for a total of 23% (12% glazing and 11% planted trellis). Deviation #24 - From LDC Section 5.05.08.D.4 for relief from the required variations in building facades greater than 150 feet in length for a break in massing. Deviation #25 - From LDC Section 5.06.04.F.4 for relief from the maximum signage square footage requirement in nonresidential districts and number of signs. The petitioner has made refinements to the requested changes since original submittal. Originally, nine deviations were requested, along with a change to defer a transportation commitment and provide a transit bus stop/shelter on the subject site to an alternative future outparcel location. Through the review and hearing process, two deviations were removed by the petitioner per staff recommendation, and one other deviation was removed per the petitioner's preference. One was for the foundation planting bed requirement, and the other was for the light poles not being located in the landscaped islands with trees. The third deviation removed was to retain the Auto-Service Station Waiver as a separate petition, as preferred by the applicant, due to separate application fees being paid. During the July 17, 2025, CCPC hearing on this item, the petitioner further refined the request by agreeing to eliminate the request to defer the transportation commitment, thereby providing a transit bus stop/shelter. Additionally, the petitioner agreed to increase the buffer landscaping by 25% and to reduce the extent of the sign deviation request by eliminating the south-facing sign, thereby reducing the proposed total square feet of signage from 1,117 to 801 square feet. The 30-square-foot liquor sign is permitted separately. All these refinements are reflected in the attached draft Ordinance. Page 474 of 6529 10/14/2025 Item # 9.A ID# 2025-3540 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: Insubstantial Changes to PUDs are typically decided by the Hearing Examiner; however, this item was considered by the CCPC at its July 17, 2025, hearing as a companion to the Auto Service Station Waiver petition ASW-PL20240011790. During the July 17, 2025, CCPC hearing, several members of the public spoke in opposition to the intensification of the vacant site, expressing concerns about traffic, safety, and the proposed development's impact on the neighborhoods to the east. The Planning Commission ultimately recommended approval, subject to three conditions: Deviation #21 shall be subject to an increase in buffer landscaping by 25%; Deviation #25 shall be revised to reflect that the south-facing sign is eliminated with a corresponding reduction in total sign area; and the petitioner shall maintain the transportation commitment to provide the bus stop/shelter (rather than defer it). The petitioner has agreed to these recommendations, and they are incorporated in the Draft Ordinance accompanying this summary. This item is consistent with the Collier County strategic plan objective to encourage diverse economic opportunities by fostering a business-friendly environment. FISCAL IMPACT: The insubstantial change, by itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the waiver is approved, a portion of the land could be developed, and the new development will likely have an impact on Collier County's public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impact of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by the application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff to analyze this petition. GROWTH MANAGEMENT IMPACT: The site is within Mixed Use Activity Center Subdistrict 7. The Mixed Use Activity Center concept is designed to concentrate all new commercial zoning in locations where traffic impacts can be readily accommodated, thereby avoiding strip and disorganized patterns of commercial development and creating focal points within the community. Transportation Planning staff has evaluated the proposed changes. The changes present no transportation related issue with consistency. There are no additional uses proposed, no changes to the PUD trip impacts, and no additional impacts on the adjacent roadways. Therefore, Transportation Planning staff finds the petition consistent with the GMP. The policies of the Future Land Use Element and Transportation Element of the GMP have been reviewed and applied to this proposal. Staff finds that the changes are insubstantial, and the project continues to be consistent with the GMP and the Subdistrict. LEGAL CONSIDERATIONS: This is an insubstantial change to the Hacienda Lakes Planned Unit Development. LDC Section 10.02.13.E.2 provides: “An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13.E.1 [criteria for substantial changes] and shall … be based on the findings and criteria used for the original application ….” LDC Section 10.02.13.E.1 provides in part: For the purpose of this section, a substantial change shall be deemed to exist where: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? b. Is there a proposed increase in the total number of dwelling units, the intensity of land use, or the height of buildings within the development? Page 475 of 6529 10/14/2025 Item # 9.A ID# 2025-3540 c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development greater than 5% of the total acreage previously designated as such, or five acres in area? 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? 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? 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? g. Will the change result in a requirement for increased stormwater retention or otherwise increased 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? i. Are there any modifications to the PUD Master Plan or PUD Document or amendments 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 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 a 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 to the PUD master plan, PUD document, or amendment to a PUD ordinance that impacts any consideration is deemed to be a substantial modification, as described under this LDC section 10.02.13. The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Executive Summary and the oral testimony presented at the hearing, as these items relate to these criteria. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality, and requires an affirmative vote of four for approval. – (HFAC) RECOMMENDATIONS: To approve an Ordinance amending Ordinance No. 11-41, as amended, the Hacienda Lakes Mixed-Use Planned Unit Development for Costco Wholesale Petition PDI-PL20240011559, an insubstantial change to the PUD, to add deviations for relief from the Collier County Land Development Code. PREPARED BY: Ray Bellows, AICP, Zoning Manager ATTACHMENTS: 1. Costco PDI - Staff Report (7-17 CCPC) 2. Costco PDI - Attachment A - Backup Package (7-17 CCPC) 3. Costco PDI - Attachment B - Conceptual Site Plan (7-17 CCPC) 4. Costco PDI - Attachment C - Legal Ad and Sign Posting (7-17 CCPC) 5. Costco PDI - Attachment D - Ordinance - 092325 6. Costco PDI - Attachment E - Public Opposition Correspondences (7-17 CCPC) 7. Costco PDI - Attachment F - Public Support Correspondences (7-17 CCPC) 8. Costco PDI - Attachment G - Ord 11-41 & Original Hacienda Lakes MPUD Findings 9. Costco PDI - Attachment H - 7-10-25- From MSpokojny - Costco Traffic Document For CCPC July 2025 10. Sign Posting Affidavit for 10-14 BCC 11. legal ad - agenda IDs 25-3540 & 25-3533 - Costco (Hacienda Lakes) PDI & ASW -10.14.25 BCC Page 476 of 6529 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: JULY 17, 2025 SUBJECT: PDI-PL20240011559, COSTCO WHOLESALE APPLICANT/AGENT: Owner: Applicant and Agent: Hacienda Lakes of Naples, LLC Brad C. Wester 7742 Alico Road Costco Wholesale c/o Driver, McAfee, Ft. Myers, FL 33912 Hawthorne & Diebenow, PLLC 1 Independent Drive, Ste 1200 Jacksonville, FL REQUESTED ACTION: The petitioner requests for an insubstantial change to the to add deviations for relief from the Collier County Land Development Code relating to architectural glazing standards, building façade massing, light fixture heights, loading spaces, landscape standards for interior vehicular use areas, and signage, to revise a transportation commitment, and providing for an effective date. GEOGRAPHIC LOCATION: The approximately ±25.86 acres subject parcel is in the Commercial Tract of the ±2,262 acre MPUD and is located at the southeast corner of the intersection of Collier Boulevard and Rattlesnake Hammock Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida. (See location map on page 2). Page 477 of 6529 PDI-PL20240011559, Costco Wholesale Page 2 of 14 June 17, 2025 Page 478 of 6529 PURPOSE/DESCRIPTION OF PROJECT: The governing document for the Hacienda Lakes Mixed-Use Planned Unit Development (MPUD), Ordinance 22-18, approved the subject property as the Commercial Tract in the MPUD, approximately 25.86 acres. The request is for an Insubstantial Change to a PUD (PDI) for the development of a new Costco Wholesale store located generally at the southeast corner of Rattlesnake Hammock Drive and Collier Boulevard. More specifically, the subject property is identified by the Collier County Parcel ID Number 48586002021 (the “Property”) in the Hacienda Lakes MPUD. The MPUD was most recently amended in 2022 by way of Ordinance 22-18. The PDI is a request specific to the commercially designated property within the MPUD, as further described below. The PDI is required for the proposed Costco Wholesale development, specifically for relief from architectural glazing standards, massing, and light fixture heights per LDC 5.05.08, as well as loading spaces and landscape standards for additional parking per LDC 4.05.04.C, and signage per Land Development Code (LDC) 5.06.04. This Insubstantial Change to a PUD request is based on the six (6) deviations that are being requested, which are: 1. From LDC Section 4.02.08 for relief from the maximum light pole height of 25 feet. 2. From LDC Section 4.05.04.C for relief from the additional requirement to obtain a variance and provide double the interior landscaping if the commercial project includes more than 120% of the required parking. 3. From LDC Section 4.05.06.B for relief from the minimum loading spaces required. 4. From LDC Section 5.05.08.D.2.b.i for relief from the façade requirement for 15% of glazing (‘glass’) on primary facades for a reduction from the total 45% for all facades. 5. From LDC Section 5.05.08.D.4 for relief from the required variations in building facades greater than 150 feet in length for a break in massing. 6. From LDC Section 5.06.04.F.4 for relief from the maximum signage square footage requirement in nonresidential districts These deviations will be explained more in the Staff Analysis section of this Staff Report. LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties near the portion of the PUD affected by the request. North: Rattlesnake Hammock Road R.O.W. and developed mixed-use commercial and residential, zoned Hammock Park Commerce Center Mixed-Use Planned Unit Development (MPUD) East: Vacant, zoned “Residential/Medical Use” tract in the Hacienda Lakes MPUD South: Developed commercial, zoned Collier Regional Medical Center Planned Unit Development (PUD) West: Collier Boulevard R.O.W. and developed commercial, zoned Sierra Meadows PUD PDI-PL20240011559, Costco Wholesale Page 3 of 14 June 17, 2025 Page 479 of 6529 SUBJECT PROPERTY Subject Property Zoning Map; Source: Collier County GIS, ESRI SUBJECT PROPERTY Base Zoning Map; Source: Collier County GIS, ESRI PDI-PL20240011559, Costco Wholesale Page 4 of 14 June 17, 2025 Page 480 of 6529 STAFF ANALYSIS: Comprehensive Planning: The site is situated within Mixed-Use Activity Center Subdistrict 7. The Mixed-Use Activity Center concept is designed to concentrate all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. The proposed Insubstantial amendments do not affect the applicability of the GMP language; therefore, the proposed PDI is consistent with the Future Land Use Designation. The policies of the Future Land Use Element of the GMP have been reviewed and applied to this proposal. Staff finds that the changes are insubstantial, and the project continues to be consistent with the GMP and the Subdistrict. Architectural Review: In accordance with LDC Section 5.05.08, the Architectural and Site Design Standards shall apply unless additional or different design standards that deviate from 5.05.08, in whole or in part, are submitted to the County. The proposed Costco Wholesale PDI will allow for the deviation process in Section 5.05.08 G of the LDC. The applicant intends to propose an alternative design and justification at the time of SDP application to accomplish the purpose and intent of the architectural and site design standards of LDC Section 5.05.08. Architectural review staff can support the Costco Wholesale PDI Development Document and recommends approval. Transportation Element: Transportation Planning staff has evaluated the proposed changes. The changes present no transportation related issue with consistency. There are no additional uses proposed, no changes to the PUD trip impacts, and no additional impacts on the adjacent roadways. Therefore, Transportation Planning staff finds the petition consistent with the GMP. Transportation Review: Transportation Planning staff has reviewed the petition and recommends approval of this request. Zoning Review: Zoning staff reviewed the Insubstantial Change to the PUD request based on the six (6) deviations for the development of a Costco Wholesale at the subject property. Based on the nature of the request, petition, and the responses provided by the applicant to the criteria for an Insubstantial Change to a PUD, LDC Sec. 10.02.13.E.1. a through k, this petition is sufficient for an insubstantial change request. The subject property is zoned as a Commercial Tract within the existing Hacienda Lakes MPUD. This is also located within Activity Center 7, at the intersection of Rattlesnake Hammock Road and Collier Boulevard, as outlined in the Comprehensive Plan's Future Land Use Element. Accordingly, “The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant,…”. The proposed development is permitted on the subject property because it is a commercial retail use. The PDI requests are for specific development deviations in order for a Costco Wholesale to be developed on site. PDI-PL20240011559, Costco Wholesale Page 5 of 14 June 17, 2025 Page 481 of 6529 SUBJECT PROPERTY Activity Center 7 Map displaying subject property location of Hacienda Lakes MPUD/DRI in Tract G Hacienda Lakes MPUD/DRI – Master Plan, Commercial Tract Identification PDI-PL20240011559, Costco Wholesale Page 6 of 14 June 17, 2025 Page 482 of 6529 Regarding the requested deviations, zoning staff has provided a thorough review and analysis of each request in the Deviation Discussion. Since the beginning of the application process, the applicant has submitted nine deviations. Two deviations were removed by the applicant per staff recommendation, and one other deviation was removed per the applicant’s preference. One was for the foundation planting bed requirement, and the other was for the light poles not being located in the landscape islands with trees. The last deviation removed was to retain the Auto- Service Station Waiver as a separate petition, as preferred by the applicant, due to separate application fees being paid. Staff determined the PDI request more sufficient with a reduction in deviations requested. The remaining six deviations pertain specifically to light pole height, interior landscaping, loading spaces, glazing façade requirements, variations in building façades for massing, and, lastly, building signage requirements. The justification for each deviation has been deemed sufficient, and more analysis is provided in the Deviation Discussion section below. A specific deviation that relates directly to adjustments to signs is Deviation 7. This deviation is from maximum sign area requirements, and the applicant was considerate in removing signs facing the residences to the east, due to possible nuisance issues with the residences. This reduced the overall request for this deviation request, gaining staff’s support for the necessity and execution of signs for the proposed wholesale store. Zoning Staff determined that the final six (6) proposed deviations are sufficient in order for the development of the proposed Costco Wholesale. Staff concurs that the deviations provided by the applicant are sufficient for the PDI request and will help maintain the general health, safety, and welfare of the public. Therefore, zoning staff is recommending APPROVAL. Landscape Review: Landscape review, analysis, and recommendation is included in the analysis and recommendation below in the Deviation Discussion section below, in Deviation #2, Staff Analysis and Recommendation, and Zoning Staff recommends APPROVAL. Conservation Coastal Management Element (CCME): Environmental review staff has determined that this project is consistent with the Conservation and Coastal Management Element (CCME). No revisions to the environmental portions of the PUD are being requested. Environmental Review: Environmental Planning staff have reviewed this petition. The request is to amend (Ordinance 22-18) to modify the PUD to obtain relief from architectural standards and landscape standards. This project does not require Environmental Advisory Council (EAC) review, as it falls outside the scope of land development project reviews identified in Section 2- 1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. PLANNED UNIT DEVELOPMENT INSUBSTANTIAL CHANGE CRITERIA: There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 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. The LDC Sections 10.02.13.E.1 and 10.02.13.E.2 set forth the PDI-PL20240011559, Costco Wholesale Page 7 of 14 June 17, 2025 Page 483 of 6529 criteria by which insubstantial amendments to a PUD Master Plan and/or minor text changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: LDC Section 10.02.13.E.1: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the MPUD. b. Is there a proposed increase in the total number of dwelling units, the intensity of land use, or the height of buildings within the development? No, there is no proposed increase in the total number of dwelling units or intensity of commercial uses or height of buildings within the MPUD development. c. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development greater than 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 MPUD development. 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? No, there is no proposed increase in the size of commercial areas, or a proposed relocation of nonresidential land uses in the MPUD. e. Is there a substantial increase in the impact 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 is no proposed substantial increase in the impacts of the MPUD based on existing approved commercial land uses. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, there is no proposed change in existing approved commercial land use allowances that generate a higher level of traffic. PDI-PL20240011559, Costco Wholesale Page 8 of 14 June 17, 2025 Page 484 of 6529 g. Will the change result in a requirement for increased stormwater retention or otherwise increase stormwater discharge? No, there is no proposed change that will result in increased stormwater retention or 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 is no proposed change to the subject property’s existing commercial land use within the MPUD that will bring about any adjacent incompatibility. i. Are there any modifications to the PUD Master Plan, 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, there is no proposed change in the existing approved commercial land use in the MPUD that results in any inconsistency with the FLUE or GMP. 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 does not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13. No, there is no proposed change in the existing approved commercial land use in the MPUD that results in any requirement to amend the DRI. 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. No, the request is not considered a substantial modification. LDC Section 10.02.13.E.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. The Planning Commission approval shall be based on the findings and criteria used for the original application, attached as Attachment G to the staff report, and be an action taken at a regularly scheduled meeting: The petition proposes site-specific modifications in order to develop and construct a Costco Wholesale on the Commercial Tract within the Hacienda Lakes MPUD. As such, it is an insubstantial change and successfully meets the criteria of LDC 10.02.13 E.1, and the proposed PDI-PL20240011559, Costco Wholesale Page 9 of 14 June 17, 2025 Page 485 of 6529 changes do not change the original analysis, rezone findings, or PUD findings for the original application and staff report included as Attachment G. DEVIATION DISCUSSION: The petitioner is seeking six (6) deviations from the requirements of the Land Development Code (LDC). The deviations are listed below with staff analysis and recommendations. Proposed Deviation #1 seeks relief from the LDC Section 4.02.08 for the maximum light pole height of 25 feet to a new maximum height of 36.5 feet. Petitioner’s Justification: This deviation is required since the 25-foot height standard will add up to 13 more poles to the overall site. The requested 36.5-foot height allows for a reduced amount of poles overall reducing visual clutter and will still adhere to the photometric standard at the property edge. Staff Analysis and Recommendation: To meet the code requirement of 25-foot light poles, the subject property would require 62 light poles and 88 fixtures. This deviation seeks an increase of 11.5 feet to an overall height of 36.5 feet; however, this will reduce the overall number of light poles by 13 and result in a reduction of 19 fixtures, thereby reducing the clutter of light poles. The applicant will still adhere to the photometric standard at the property edge, reducing spillover and light pollution onto adjacent residential properties. The applicant also provided an exhibit comparing the light poles with royal palms, which reach full growth in 25 years, and the light poles are nearly 10 feet shorter, providing evidence for less clutter on site. This exhibit is included in the backup package, which is found in Attachment A. Therefore, Zoning Staff recommends APPROVAL. Proposed Deviation #2 seeks relief from the LDC Section 4.05.04.C for the additional requirement to obtain a variance and provide double the interior landscaping if the commercial project includes more than 120% of the required parking. The relief will not require a variance and allow the normal landscape requirements to apply to this commercial project. Petitioner’s Justification: This deviation is required per the enclosed parking exhibit, 149 spaces are depicted as overflow and provided in an existing FPL utility easement. 670 spaces are proposed outside the FPL easement on the main development area and is approximately 103% of the parking standard maximum, which is below the 120% threshold on-site. Staff Analysis and Recommendation: Staff findings indicate that approximately 217 trees will be required to meet the tree requirement of LDC 4.06.03. This will include two trees in each island in double rows of parking and one tree in each island in single rows of parking (with the possible exception of some of the islands that are located in the FPL transmission easement, where the FPL criteria for trees in transmission easements cannot be met). This is in addition to the required buffer trees and foundation trees for the building. Staff findings indicate that approximately 54,416 square feet of landscape area in and around the parking area will be required to meet the requirements of LDC 4.06.03. Given the amount of trees and landscape area that will be required in and around the parking area to meet LDC 4.06.03, Zoning Staff PDI-PL20240011559, Costco Wholesale Page 10 of 14 June 17, 2025 Page 486 of 6529 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.” Proposed Deviation #3 seeks relief from the LDC Section 4.05.06.B for the minimum loading spaces required (3 plus 1 for each 25,000 square feet over 50,000 square feet) for a total amount of 5 loading spaces, which is the standard for this type of Costco Wholesale store. Petitioner’s Justification: This deviation is required for the requested 5 loading spaces is the required amount for Costco Wholesale (4 at the store building and 1 at the gas facility). The required Code amount is excessive and not warranted for this Costco Wholesale use as customarily used. Current Costco standard is 4 loading spaces attached to the building and 1 at the fuel facility. This number of spaces is standard for Costco operations. There is no need for additional loading spaces. Staff Analysis and Recommendation: According to current code standards, the minimum number of loading spaces required equals a total of 8 loading spaces. The justification provided is that the current Costco standard requires 4 loading spaces attached to the building and 1 at the gas facility. This Costco Wholesale will include a members-only gas station pending the approval of the companion Auto-Service Station Waiver (ASW), project number PL20240011790. The total of 5 loading spaces is the standard for Costco operations nationwide. Additional loading spaces are not required for this specific Costco use and would not be utilized if the required Code standard amount is adhered to. Therefore, Zoning Staff recommends APPROVAL. Proposed Deviation #4 seeks relief from the LDC Section 5.05.08.D.2.b.i for relief from the façade requirement for 15% of glazing (‘glass’) on primary facades for a reduction from the total 45% for all facades to a total of 23% (12% glazing and 11% planted trellis) per the architectural exhibit and descriptive chart included with this request. Petitioner’s Justification: This deviation is required because the building will incorporate planted metal trellises structurally attached to the building façade as an alternative to glazing in certain areas. This approach aims to mitigate the absence of glazing as much as possible, in alignment with the project’s program, while also contributing to the architectural aesthetics and functionality. Please see below calculations per elevation, totals provided by type and location, and overall totals compared to the overall provided. PDI-PL20240011559, Costco Wholesale Page 11 of 14 June 17, 2025 Page 487 of 6529 Staff Analysis and Recommendation: The applicant intends to propose alternative design and justification at the time of SDP application to accomplish the purpose and intent of the architectural and site design standards of LDC Section 5.05.08. After several adjustments to the deviation request, the applicant decided to include trellises that are attached to the building. Trellises that look free-standing away from the building are connected up high to the building. There are two types of trellises: Type A and Type B. Type A is designed to be directly anchored to the CMU wall, with a minimal separation between the building wall and the planted trellis wall. Type B is also connected to the CMU wall, has overhead beams that connect the detached planted trellis wall to the building. The planted trellis wall is 10 feet away from the building to generate the elevation break-up needed. These trellis types are being incorporated into the building as an alternative to glazing requirements. Where the trellises are located will help improve the building aesthetics rather than just removing the glazing altogether with no alternative. The required glazing is 5,462.2 SF, and the deviation request will reduce this to 3,072 SF in total for each side, which equates to a total of 23% for all sides, 12% glazing, and 11% trellises. Architectural review staff can support the Costco Wholesale PDI Development Document and recommends approval. Therefore, Zoning Staff recommends APPROVAL. Proposed Deviation #5 seeks relief from the LDC Section 5.05.08.D.4 for the required variations in building facades greater than 150 feet in length for a break in massing. Petitioner’s Justification: This deviation is required for the variation on the massing, the structurally attached planted trellis is providing an elevation break out for visual interest variations along the façade length. They are also strategically placed to work with the project’s program while contributing to the architectural aesthetics and meeting the spirit and intent of the requirement. Staff Analysis and Recommendation: The applicant intends to propose alternative design and justification at the time of SDP application to accomplish the purpose and intent of the architectural and site design standards of LDC Section 5.05.08. After several adjustments to the deviation request, the applicant decided to include trellises that are attached to the building. Trellises that look free-standing away from the building are connected up high to the building. As mentioned in Deviation #5, these trellis types are being incorporated into the building as an alternative to glazing requirements where the trellises are located which will improve on the building aesthetics rather than just removing the glazing altogether with no alternative. Architectural review staff can support the Costco Wholesale PDI Development Document and recommends approval. Therefore, Zoning Staff recommends APPROVAL. PDI-PL20240011559, Costco Wholesale Page 12 of 14 June 17, 2025 Page 488 of 6529 Proposed Deviation #6 seeks relief from the LDC Section 5.06.04.F.4 for relief from the maximum signage square footage requirement in nonresidential districts for a proposed total of 367 square feet over the maximum combined of 750 square feet. The proposed signage total is 1,117 square feet. Elevations 1 & 3 are the North facing elevations and are 264 square feet over the maximum required amount for the ‘Costco Wholesale’ signage and ‘Liquor Sales’ directional/way-finding signage combined. Elevation 2 is the East-facing elevation, and it's not permitted to have a ‘Costco Wholesale’ advertisement wall sign, so it does not include one, but it will include a small, non-illuminated, 31 square foot directional/wayfinding ‘Tire Center’ sign over the tire center entrance. Elevation 4 is the South elevation and is 36 square feet over the required amount for the ‘Costco Wholesale’ signage. Likewise, Elevation 5 is the West elevation and is 36 square feet over the required amount for the ‘Costco Wholesale’ signage. Petitioner’s Justification: This deviation is required based on the signage exhibit enclosed, which provides the relief request for a total of 367 square feet over the required standard, respectively, for the combined amount. This signage square footage increase is commensurate with the size of the building face for increased visibility for promotion, orientation, and wayfinding. Additionally, no other signage, including pole signs, ground signs, projecting signs, or other per LDC Section 5.06.04, is proposed for this site except for the requested signage on the face of the building. Staff Analysis and Recommendation: Staff reviewed this deviation request in a similar manner to how sign variances are reviewed. Staff suggested that the applicant respond to the LDC Sec. 5.06.08.B.1.a. through f. The applicant provided an elevation exhibit, which is included in Attachment A, Backup Package. However, the applicant stated that they will provide additional justification with the presentation at the scheduled hearings. Through a thorough staff review, the applicant reduced what was originally requested as an additional 903 square feet over the maximum down to 367 square feet, which included removing the one-store sign on the east façade of the building since this would be permanently facing residences. Staff determined that the east sign was unnecessary, and the applicant abided by removing it and reducing their extension request. The applicant’s request is based on a national standard signage program for Costco. Staff determined that all other signs show sufficiency, as they are all oriented towards the traveling public and visiting patrons. Therefore, Zoning Staff recommends APPROVAL. All six (6) deviations have been determined to be sufficient by staff reviewers; therefore, staff are supportive of all requested deviations. NEIGHBORHOOD INFORMATION MEETING (NIM): The NIM was advertised and held at 6:00 p.m. on Tuesday, February 18, 2025, at the Florida Sports Park Reception Hall, located at 8520 Rattlesnake Hammock Rd, Naples, FL 34114. There is a copy of the transcript drafted by the applicant that includes the applicant’s presentation and the concerns of the attending public. PDI-PL20240011559, Costco Wholesale Page 13 of 14 June 17, 2025 Page 489 of 6529 The public expressed their concerns about the petition request, in no specific order: • More traffic along Rattlesnake Hammock Road • The gas station waiver application and its relation to the project • The decision to develop at the subject property • Impact on surrounding property values • Environmental impacts from the gas station • How the construction of the site will be managed • When will the delivery times be for supplies and products • Safety issues and emergency services There were 5 commitments made outside the request for the insubstantial change: • The gas station closes when the store closes, gas will not be a “24/7” operation • Number of fuel pumps is less than other stations, but will service up to 70 vehicles in queue • Loading for vehicles and trucks will be at night • Times for delivery will only be at night, away from the residences • Store is designed to serve 4,500 customers per day The applicant presented both the PDI and the ASW petitions at the NIM even though the NIM was only required for the PDI petition. A copy of the NIM advertising, summary, and the prepared presentation are included in the Backup Package, Attachment A. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PDI- PL20240011559, Costco Wholesale, to the Board of County Commissioners (BCC) with a recommendation of APPROVAL, subject to include the following attachments: Attachments: Attachment A – Backup Package Attachment B – Conceptual Site Plan Attachment C – Legal Ad and Sign Posting Attachment D – Revised Ordinance 22-18 Attachment E – Public Opposition Correspondences Attachment F – Public Support Correspondences Attachment G – Ord. 11-41 & Original Hacienda Lakes MPUD Rezone Findings PDI-PL20240011559, Costco Wholesale Page 14 of 14 June 17, 2025 Page 490 of 6529 PL20240011559 (PDI Application) 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. ____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 ____X Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) ____X NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio ____X Traffic Impact Study (TIS) ____X Environmental Data ____X Historical/Archeological Survey or Waiver ____X Utility Letter ____X Deviation Justifications Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides Page 491 of 6529 ____X Boundary Survey ____X Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any “private or legal” agreements affecting the PUD etc. N/A___ Submerged Resource Surveys may be included here if required. __N/A__ 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. (Electronic PDF file provided in lieu of CD). 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. ________________________________________ ____________________June 17, 2025 Signature of Agent Representative Date ________________________________________Brad Wester Printed Name of Signing Agent Representative Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides Page 492 of 6529 Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides INSUBSTANTIAL CHANGE to PUD (PDI) LDC SeCtion 10.02.13 Chapter 3.E of the ADministrative CoDe Pursuant to LDC subsection 10.02.13, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.2 and shall require the review and approval of the Hearing Examiner or Planning Commission. The approval shall be based on the findings and criteria used for the original application. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Name of Applicant if Different than owner: AdDress: City: State: ZIP: Telephone: Cell: E-Mail ADDress: Name of Agent: Firm: AdDress: City: State: ZIP: Telephone: Cell: E-Mail ADDress: DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E. Insubstantial Change to PUD (PDI) 4/12/24 Page 1 of 4 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.colliercountyfl.gov Page 493 of 6529 PUD NAME: ORDINANCE NUMBER: FOLIO NUMBER(S): Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? Yes No If no, please explain: Has a public hearing been held on this property within the last year? Yes No If yes, in whose name? Has any portion of the PUD been SOLD and/or DEVELOPED? Are any changes proposed for the area sold and/or developed? Yes No If yes, please describe on an attached separate sheet. Insubstantial Change to PUD (PDI) 4/12/24 Page 2 of 4 Page 494 of 6529 SUBMITTAL REQUIREMENTS The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. InComplete submittals will not be aCCepteD. NOT REQUIREMENTS FOR REVIEW REQUIRED REQUIRED Completed Application (download current form from County website) Pre-Application Meeting notes Project Narrative, including a detailed description of proposed changes and why amendment is necessary Current Master Plan & 1 Reduced Copy Revised Master Plan & 1 Reduced Copy Revised Text and any exhibits PUD document with changes crossed through & underlined PUD document as revised with amended Title Page with Ordinance # Warranty Deed Legal Description of area of amendment Boundary survey, no older than 6 months, if boundary of original PUD is amended If PUD is platted, include plat book pages Affidavit of Authorization, signed & notarized Completed Addressing Checklist , no older than 6 months Property Ownership Disclosure Form Copy of 8 ½ in. x 11 in. graphic location map of site Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. If loCateD in Immokalee or seeking afforDable housing, inCluDe an adDitional set of eaCh submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Insubstantial Change to PUD (PDI) 4/12/24 Page 3 of 4 Page 495 of 6529 PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Bayshore/Gateway Triangle Redevelopment: Executive Director Utilities Engineering: Parks and Recreation: Emergency Management: Naples Airport Authority Conservancy of SWFL: Immokalee Water/Sewer District: City of Naples: Other: FEE REQUIREMENTS PUD AmenDment Insubstantial (PDI): $1,500.00 Pre-AppliCation Meeting: $500.00 EstimateD Legal Advertising fee for the OffiCe of the Hearing Examiner: $1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission, where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. Please submit the completed application online via GMCD Public Portal. If you need assistance submitting the application or help with payment online, please review the E-Permitting Guides and Online Payment Guide. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Owner Signature Date Applicant/Owner Name (please print) Insubstantial Change to PUD (PDI) 4/12/24 Page 4 of 4 Page 496 of 6529 Monday, October 14, 2024 at 15:53:56 Eastern Daylight Time Subject: RE: Pre-Application Meeting PL20240011559 Costco Wholesale (SDP) Date: Friday, October 11, 2024 at 4:51:20 PM Eastern Daylight Time From: Ray Bellows To: Brad Wester, Sean Sammon CC: Maria Martinez, Lisa Blacklidge, Christine Willoughby Attachments: image001.png, image002.png, image003.png, image004.png, image005.png, image006.png, CountyLogo-FullColor_948165c4-9665-41b4- 9162-fbb16abW557.png, Facebook_0522f546-5e75-4698-95f9-f15590a3defe.png, Instagram_a8da4774-4b5b-4ad1-8d23- 20e69b3b605d.png, X-Twitter_8d678efc-bd14-44ce-97cf-7fbab1003b00.png, Youtube_0078f7f1-7789-4afd-a015-50689fe1f99b.png, 311IconforSignature_87c558eb-83f5-449b-87c1-3cc5ac8b0859.png Good afternoon,   Please be advised that the requested waiver from holding a preapplication meeting has been approved.   Respectfully, Ray   Zoning Division - Zoning Services Section Growth Management Department 2800 North Horseshoe Drive Telephone: 239.252.2463 Ray Bellows Manager - Planning Zoning Ray.Bellows@colliercountyfl.gov From: Brad Wester Sent: Friday, October 11, 2024 11:28 AM To: Ray Bellows ; Sean Sammon Cc: Maria MarLnez ; Lisa Blacklidge ; ChrisLne Willoughby Subject: FW: Pre-ApplicaLon MeeLng PL20240011559 Costco Wholesale (SDP) 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. Ray, Good morning and hope all is well after the storm.   Per below, I am seeking a waiver for our PDI pre-application review for the Costco Wholesale project.  As you know we’ve had an oWicial pre-app in Jan and then another meeting with you and Sean late August on these matters related to the PDI and the ASW.   There was some initial confusion on how to upload these into the portal. We’d like to commence with the oWicial submittals for review to start the process.   Please let me know if we are authorized to proceed without a pre-app submittal.  I’ve copied Maria on this per our original email this morning.   Thanks. Brad 1 of 3 Page 497 of 6529 !   From: Maria Martinez Date: Friday, October 11, 2024 at 11:21 AM To: Brad Wester Subject: RE: Pre-Application Meeting PL20240011559 Costco Wholesale (SDP) Hello Brad,   I’m sorry for the confusion; the waiver request will be for the new SDP Pre-Application PL20240011559 (since the one you initially had was for the SDP as well ) and for the PDI. The original SDP Pre-Application was changed to ASW.   Let me know if you have any questions.   Respectfully,     Maria Martinez Program Coordinator Operations & Regulatory Management Office:239-252-2906 Maria.Martinez@colliercountyfl.gov   From: Brad Wester Sent: Friday, October 11, 2024 11:16 AM To: Lisa Blacklidge Cc: Sean Sammon ; Maria MarLnez ; ChrisLne Willoughby Subject: Re: Pre-ApplicaLon MeeLng PL20240011559 Costco Wholesale (SDP) 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. Lisa and Ray,   Good morning. Per the email below from Maria and my recent portal upload, I would like to request a waiver for the ASW pre-app review of this ASW for Costco Wholesale gas distance matter. We originally met in January to discuss the full scope of the project and required approval processes, which included a PDI and ASW. My team also met with Ray and Sean in late August to discuss further. Since then, my team has prepared each app, the PDI and ASW, and uploaded for review.   Please let me know. Thank you.   Brad   From: Maria Martinez Date: Friday, October 11, 2024 at 10:34 AM To: Brad Wester Subject: Pre-Application Meeting PL20240011559 Costco Wholesale (SDP) Good morning, I am reviewing your request for a Pre-ApplicaLon meeLng for Costco Wholesale (SDP). We have noLced that a previous Pre-ApplicaLon meeLng was held for the same project type under PL20240000445, but the applicaLon type selected was Auto Service StaLon Waiver. Would you like to request a waiver from the Planning Manager for the meeLng, or do you want to proceed with the Pre-ApplicaLon meeLng for the SDP? Respec_ully, 2 of 3 Page 498 of 6529  Maria Martinez Program Coordinator Operations & Regulatory Management Office:239-252-2906 Maria.Martinez@colliercountyfl.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. 3 of 3 Page 499 of 6529Costco Wholesale PDI NARRATIVE SUMMARY OF REQUEST The request is for an Insubstantial Change to a PUD (PDI) for relief from certain standards for the development of a new Costco Wholesale store and gas facility located generally at the southeast corner of Rattlesnake Hammock Drive and Collier Boulevard on approximately 25- acres, more specifically, Collier County Parcel ID Number 48586002021 (the “Property”) in the Hacienda Lakes Mixed Use Planned Unit Development (MPUD). The MPUD was most recently amended in 2022 by way of Ordinance 22-18. The PDI is a request specific to the existing commercially designated Property within the MPUD. Page 500 of 6529 ORDINANCE NO. 2022- 18 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 11- 41, THE HACIENDA LAKES MIXED USE PLANNED UNIT DEVELOPMENT, TO CHANGE THE BUSINESS PARK AND RESIDENTIAL TRACT LINES, REMOVE THE RV TRACT AND ADD ACCESS POINTS ALONG THE NORTHERN MPUD BOUNDARY; BY REVISING DEVELOPMENT STANDARDS; AND BY ADDING DEVIATIONS. THE SUBJECT PROPERTY, CONSISTING OF 2, 262+/- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD ( C. R. 951) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12, 13, 14, 23, 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [ PL20210001791] WHEREAS, on October 25, 2011, the Board of County Commissioners approved Ordinance No. 11- 41, which created the Hacienda Lakes Mixed Use Planned Unit Development MPUD"); and WHEREAS, Alexis Crespo, AICP of RVI Planning + Landscape Architecture, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P. A. representing Toll FL XIII Limited Partnership, petitioned the Board of County Commissioners to amend the MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The MPUD Document attached as Exhibits " A" through " G" to Ordinance No. 11- 41 is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibits " A" through" G" and incorporated by reference herein. 21- CPS- 02163/ 1715485/ 1] 152 Isles of Naples- Hacienda PUDA 1 of 2 4/ 22/ 22 Page 501 of 6529 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 aay of Al Gc i 2022. J ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTA - . eMlJ,,.,CLERK COLLIER CO DA r By: Ar, * • By: bep Clerk Wil f. m L. McDaniel, Jr., Chairman Atte0. to Ct . ^ 1 signatt004, too Approved as to form and legality: flied with the V e' This ordMortce 4f 1/ fiate f b 5L 011 L' f that Ahton- lY ° Cicko otofwted 7E and ackn° daY Managing Assistant County Attorney filing received this of 411tCAm4" Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit B- 1— Esplanade at Hacienda Lakes Project Location Map [ Hex 2015- 06] Exhibit B- 2—Azure at Hacienda Lakes Project Location Map [Hex 2016- 20] Exhibit B- 3— Hacienda Lakes North Area Project Location Map Exhibit C — Master Plan Exhibit C- 1— R/ MU Access to Rattlesnake Hammock Rd. and Southern Buffer Exhibit Project [ Hex 2021- 33] Exhibit C- 2— Hacienda Lakes North Area- Enlargement of Master Plan Exhibit D — Legal Description Exhibit D- 1— Hacienda Lakes of Naples Legal Description [ Hex 2014- 18 & 2015- 06] Exhibit E — List of Requested Deviations Exhibit E- 1— Esplanade at Hacienda Lakes Project Location Map [ Hex 2014- 18] Exhibit E- 2— Esplanade at Hacienda Lakes Entry Sign Location Map [ Hex 2014- 18] Exhibit E- 3— Azure at Hacienda Lakes Primary Entry Sign Plan and Elevation Hex 2016- 20] Exhibit E- 4— Hacienda Lakes North Area Sign Deviation Exhibit Exhibit F — List of Owner Commitments includes Master Mobility Plan Exhibit G — Master Use and Conversion List 21- CPS- 02163/ 1715485/ 1 J 152 Isles of Naples- Hacienda PUDA 2 of 2 4/ 22/ 22 Page 502 of 6529 EXHIBIT A PERMITTED USES PROJECT LAND USE TRACTS TRACT TYPE UNITS. ACREAGE± TRACT" R" RESIDENTIAL 1, 714 447. 86 TRACT " R/ MU" RESIDENTIAL/ MEDICAL USE 25 min.* 38. 82 TRACT" BP" BUSINESS PARK 1 35. 38 TRACT" C" COMMERCIAL 17 min.* 34. 16 TRACT" A" ATTRACTION 1 47. 27 TRACT" P" PRESERVE 0 1, 544. 14 TRACT" PF" PUBLIC FACILITY 0 1. 33 TRACT" JD" JUNIOR DEPUTY 2 21. 62 TRACT" ROW" PUBLIC RIGHT- OF- WAY 0 72. 01 TRACT" S" SCHOOL 0 19. 55 Total 1, 760 2262. 14 Denotes the minimum number of dwelling units that must be constructed in the associated land use tract. Given that Tract C may generate up to 55 residential dwelling units, thirty ( 30%) percent of those residential units ( 17 units) must be constructed in Tract C. Tract R/ MU is required by this document to have no less than 25 residential dwelling units constructed within that Tract. The balance of the residential dwelling units generated from Tract C ( 13 units) must be constructed in either the R/ MU Tract, or on a portion of Tract R, within one-third of one mile of the boundary of Tract C. GENERAL PERMITTED LAND USES Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally permitted anywhere within this MPUD except for in the P, Preserve Tract. II TRACT" R", RESIDENTIAL PERMITTED USES: Up to 1, 760 residential units consisting of single family units and multi-family units are permitted in the entire PUD. No more than 1, 232 units in the entire PUD shall be multi- family, as defined in the LDC. Residential units may be converted to senior housing units or recreational vehicle( RV) units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line, detached dwellings; 3. Two- family and duplex dwellings; Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 1 of 79 Page 503 of 6529 4. Single family attached dwellings, ( including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 5. Multi- family dwellings; 6. Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B. In no instance shall greater than 450 senior housing units be developed in the entire MPUD; 7. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA, by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing, apartment rental, as well as resale and rental of units within the MPUD in perpetuity( group 6531); 3. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; 4. Horse stables and related equestrian facilities to serve the PUD that complement the MPUD' s proximity to the Picayune Strand State Forest may be allowed on residential lands lying east of the proposed north/ south public roadway, subject to applicable permitting. This private, non-commercial, accessory use is intended for stabling for residents of the PUD. Horse racing, dressage, or horse jumping events open to the public are prohibited; 5. Private stables on single-family lots greater than 43, 560 square feet in lot area, on residential lands lying east of the proposed north/ south public roadway are permitted to allow one horse for each 21, 780 square feet of lot area; 6. Horse trails. Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 2 of 79 Page 504 of 6529III Tract" RV": the Land Use Conversion Factors in Exhibit B. No building or structure, or part thereof, shall be altered r land , ected o sed ed i .. hele a part other then, the following• A. Principal Uses: 1. Recreational vehicle parks( Group 7033, recreational vehicle parks only), subject the criteria e. d D d the tion . depicted "" Exhibit to co., tai i Exhibit n only in loc the herein, the All entire MPl D Except., , ifled District shell .. .. 1y with the Land Development Code( LDC) including Sections 2. 03. 03. F and 5. 5. 10. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal uses permitted in- this4and- use- tr-ast-- ineludifig- swimming- peets—spas—deeks—lseat- heuses—aft€1 l„ .. e ed sereen-en,. ire atie al fa ilities de to a the de elopment; 2. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, r r. d el, d ter, d bo dw lks playgro„ n playf: is courts n miler ten de. d to exclusively serve the residents of the PUD and their guests; IV III TRACT" R/ MU", RESIDENTIAL/ MEDICAL USE PERMITTED USES: Up to I,760 residential units consisting of single family units and multi- family units are permitted in the entire PUD. No more than 1, 232 units in the entire PUD shall be multi- family as defined in the LDC. The residential units may be converted to senior housing units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50, 000 square feet of gross floor area of medical office related land uses are also allowed in this tract, less up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or uses, or and used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family detached dwellings; 2. Zero lot line, detached dwellings; 3. Two-family and duplex dwellings; 4. Single family attached dwellings, ( including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 5. Multi- family dwellings; Hacienda Lakes MPUD Words struck thro„ gh--are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 3 of 79 Page 505 of 6529 6. Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B In no instance shall greater than 450 senior housing units be developed in the entire MPUD. 7. Drug Stores and Proprietary Stores( Group 5912). If this retail use is developed in the Ft/ MU Tract then the square footage of gross floor area of this retail use shall reduce the square footage of gross floor area of retail uses permitted in Tract C.; 8. Health Services,( Groups 8011- 8049, 8071- 8072, 8082, and 8092- 8099); 9. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals(" BZA") by the process outlined in the LDC. B. Accessory Uses: I. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing; 3. Recreational facilities and structures to serve the PUD including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests. IV TRACT" BP" BUSINESS PARK PERMITTED USES: Up to 140, 000 square feet of gross floor area of business park land uses, and a hotel of up to 135 rooms capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of business park land uses could be exceeded if a hotel conversion to business park of up to 60, 000 square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the business park and hotel land uses, a school may be developed. If a hotel is constructed on Tract C or BP, based on an approved plat or SDP, then the hotel conversion shall terminate. Tract" BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy land uses and facilities. This acreage is meant to provide for a transition from the Attraction land uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be developed for either a business park or a school. If the Tract is developed as a school, only those uses permitted in Section XI shall be allowed. Should the 35.38 acre tract be proposed for development as a business park, no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 4 of 79 Page 506 of 6529 A. Principal Uses: 1. Apparel and other finished products( groups 2311- 2399); 2. Building construction( groups 1521- 1542); 3. Business services( group 7311); 4. Communications( groups 4812- 4899, including communication towers limited in height to 100 feet); 5. Construction: Special trade contractors( groups 1711- 1799); 6. Depository and non- depository institutions( groups 6081, 6082); 7. Drugs and medicines( groups 2833- 2836); 8. Eating places ( group 5812, not including fast foods, walk- up windows and drive- thru restaurants); 9. Educational services( groups 8221- 8299); 10. Electronics and other electrical equipment manufacturing, indoor only ( groups 3612- 3699); 11. Engineering, accounting, research, management, and related services ( groups 8711- 8748); 12. Food manufacturing ( groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099); 13. Furniture and fixtures manufacturing( groups 2511- 2599); 14. Government offices/ buildings ( groups 9111- 9222, 9224- 9229, 9311, 9411- 9451, 9511- 9532, 9611- 9661 ); 15. Health services( groups 8011- 8049); 16. Industrial and commercial machinery and computer equipment ( groups 3524, 3546, 3571 - 3579); 17. Industrial inorganic chemicals( groups 2833, and 2844); 18. Job training and vocational rehabilitation services( group 8331); 19. Leather and leather products( groups 3131- 3199); 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing( groups 3812- 3873); Hacienda Lakes MPUD Words strusk4hfeugh- are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 5 of 79 Page 507 of 6529 21. Medical laboratories and research and rehabilitative centers ( groups 8071, 8072, 8092, 8093); 22. Miscellaneous manufacturing industries( groups 3911- 3999); 23. Motion picture production( groups 7812- 7819); 24. Motor freight transportation and warehousing( group 4225, mini- and self- storage warehousing only), subject to the following criteria: i. The use of metal roll- up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right- of-way is prohibited; and ii. Access to individual units whether direct or non- direct must be from the side of the building that is oriented internally; iii. No building shall exceed 100 feet in length when adjacent to a residential tract within the MPUD; iv. No outdoor storage of any kind is permitted, and v. Storage units shall be utilized for storage purposes only. 25. Printing, publishing and allied industries( groups 2711- 2796); 26. Rubber and miscellaneous plastic products( groups 3021, 3052, 3053); 27. Security/ commodity brokers( group 6211); 28. Transportation equipment( groups 3714, 3716, 3732, 3751, 3792, 3799); 29. U. S. Postal Service( group 4311); 30. Wholesale trade durable goods( groups 5021, 5031, 5043- 5049, 5063- 5078, 5091, 5092, 5094- 5099); 31. Wholesale trade non durable goods ( 5111- 5153, 5181, 5182, 5191, except that wholesale distribution ofchemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential tract within or abutting the MPUD, 5192- 5193); 32. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals. B. Limited Principal Uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business Park tract: 1. Business services ( 7312, 7313, 7319, 7331, 7334- 7336, 7342, 7349, 7352, 7361, no labor pools, 7371- 7384, 7389); 2. Child day care services( group 8351); Hacienda Lakes MPUD Words struclE- thr-eugli- are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 6 of 79 Page 508 of 6529 3. Depository and non- depository institutions( groups 6021- 6062, 6091, 6099, 6111- 6163); 4. Drug stores ( group 5912, limited to drug stores and pharmacies) in conjunction with health service groups and medical laboratories/ research/rehabilitative groups; 5. Hotels( group 7011) up to 135 rooms, capped at 92, 000 square feet of gross floor area if a hotel is not developed in Tract C. Hotel square footage does not reduce the business park square footage cap. If the hotel conversion is applied to Tract BP, then a hotel is not permitted; 6. Membership organizations ( group 8611); business associations ( group 8621); professional organizations( 8631); labor unions and similar labor organizations; 7. Personal services( groups 7215- 7231, 7241); 8. Physical fitness facilities and bowling centers( groups 7991, 7933); 9. Professional offices; insurance agencies( group 6411); insurance carriers ( groups 6311- 6399); real estate ( 6531, 6541, 6552, 6553); holding and other investment offices( groups 6712-6799); attorneys( group 8111 ); 10. Travel agencies( group 4724). C. Uses Accessory to Principal and Limited Uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right; 2. One( 1) caretaker' s residence within Tract BP, Business Park Tract, subject to the following: i. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted; ii. The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure; iii. Off-street parking shall be as required for a single- family residence. 3. For primary business park uses, retail sales and/ or display areas as accessory to the principal uses shall not exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. VI TRACT" C", COMMERCIAL PERMITTED USES: Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross floor area of professional and medical office uses reduced by medical- related retail use square footages approved by SDP in Tract R/ MU and reduced by up to 50, 000 square feet of gross floor area of professional and medical office land use square footages approved by plat or SDP in Tract R/ MU. The 70, 000 square feet of professional and medical office may be exceeded ifthe retail land 25% of the uses are converted to office thereby reducing the retail square footage, not to exceed Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 7 of 79 Page 509 of 6529 retail land use allocation. Additionally, a hotel of up to 135 rooms and up to 92, 000 square feet of gross floor area shall be allowed in Tract C unless a hotel is developed within Tract BP or if the hotel use is converted to BP uses in Tract BP based on an approved plat or SDP. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Single family attached dwellings, ( including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 2. Multi- family dwellings; 3. Residential land uses integrated into commercial buildings with residential units located above commercial land uses to create a mixed- use building; 4. Accounting, auditing and bookkeeping services( group 8721); 5. Adjustment and collection services( group 7322); 6. Advertising agencies( group 7311); 7. Advertising- miscellaneous( group 7319); 8. Amusements and recreation services, indoor ( groups 7911- 7922, 7991, 7993, 7999, only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and golf cart rentals); 9. Apparel and accessory stores with( groups 5611- 5699); 10. Auto and home supply stores( groups 5211- 5261, and 5531); 11. Automotive dealers, not elsewhere classified( group 5599); 12. Automobile parking( group 7521), including garages- automobile parking, parking structures, no towing yards; 13. Automotive repair, services and parking( groups 7513 - 7533, 7536- 7549); 14. Barber shops( group 7241), except barber schools; 15. Beauty shops( 7231), except beauty schools; 16. Boat dealers( 5551); 17. Bookkeeping services( 8721); 18. Bowling centers, indoor( 7933); 19. Building construction- General contractors( groups 1521 - 1542); 20. Building materials, hardware and garden supplies( groups 5211- 5261); Hacienda Lakes MPUD Words struck thro gl-are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 8 of 79 Page 510 of 6529 21. Business associations( group 8611); 22. Business consulting services( group 8748); 23. Business credit institutions( groups 6153- 6159); 24. Business services( groups 7311- 7353, 7359, except labor contractors, 7371- 7379, 7381 except armored car and dog rental, 7382- 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, drive- away automobile, exhibits- building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, press clipping service, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service); 25. Cable and other pay television services( group 4841); 26. Senior housing for persons over age 55, limited to independent and assisted living facilities, continuing care retirement communities, and nursing homes. This housing is included in the retail square foot limitation and no greater than 450 senior housing units shall be developed in this entire MPUD; 27. Child day care services( 8351); 28. Commercial printing( 2752, excluding newspapers); 29. Civic, social and fraternal associations( group 8641); 30. Coin operated amusement devices, indoor( group 7993); 31. Communications ( groups 4812- 4841) including communications towers up to specified height, subject to LDC Section 5. 05. 09; 32. Construction- special trade contractors( groups 1711 - 1793, 1796, 1799); 33. Dance studios, schools and halls( group 7911); 34. Drug stores( group 5912); 35. Depository institutions( groups 6011- 6099); 36. Eating and drinking establishments( group 5812, and group 5813) excluding bottle clubs. Outdoor amplified sound is prohibited; 37. Educational services( groups 8221, 8222, 8243 - 8249); Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 9 of 79 Page 511 of 6529 38. Engineering, accounting, research, management and related services ( groups 8711- 8748); 39. Food stores( groups 5411- 5499); 40. Gasoline service stations( group 5541 subject to LDC requirements); 41. General merchandise stores( groups 5311, 5331- 5399); 42. Glass and glazing work( 1793); 43. Health services( groups 8011- 8049, 8051- 8059, 8071- 8072, 8082 and 8092- 8099); 44. Home furniture, furnishing, and equipment( groups 5712- 5736); 45. Hotels and motels ( groups 7011, 7021, and 7041) only if a hotel is not built in Tract BP and the hotel conversion is not applied to Tract BP; 46. Insurance carriers, agents and brokers( groups 6311- 6399, 6411); 47. Landscape architects, consulting and planning( group 0781); 48. Legal services( group 8111); 49. Libraries( group 8231); 50. Management and public relations services( groups 8741- 8743, 8748); 51. Membership organizations( 8611- 8699); 52. Membership sports and recreation clubs, indoor( group 7997); 53. Miscellaneous personal services( 7291, 7299, debt counseling only); 54. Miscellaneous repair services( groups 7622- 7699); 55. Miscellaneous retail( groups 5912- 5963, 5992- 5999); 56. Motion picture theaters( group 7832); 57. Motorcycle dealers( group 5571); 58. Motor freight transportation and warehousing( group 4225 mini- and self-storage warehousing only); 59. Museums and art galleries( group 8412); 60. Non- depository credit institutions, and loan brokers( groups 6111- 6163 ); 61. Offices for engineering, architectural, and surveying services( groups 0781, 8711- 8713); Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 10 of 79 Page 512 of 6529 62. Paint, glass and wallpaper stores( 5231); 63. Passenger car leasing( group 7515); 64. Passenger car rental( group 7514); 65. Personal services( groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7217, 7219, 7221- 7251, no beauty or barber schools, 7261 except crematories, 7291, 7299, excluding massage parlors, escort services, steam baths, Turkish baths and tattoo parlors); 66. Photographic studios( 7221); 67. Physical fitness facilities( 7991); 68. Political organizations( group 8651); 69. Printing, publishing, and allied industries( groups 2711, 2721); 70. Professional membership organizations( group 8621); 71. Public Administration ( groups 9111- 9199, 9229, 9311, 9411- 9451, 9511- 9532, 9611- 9661); 72. Public or private parks and playgrounds; 73. Public relations services( group 8743); 74. Radio, television, and consumer electronics stores( group 5731); 75. Radio and television broadcasting stations( groups 4832, and 4833); 76. Real estate( group 6512, 6531- 6552); 77. Record and prerecorded tape stores( group 5735), excluding adult oriented rentals and sales; 78. Recreational vehicle dealers( group 5561); 79. Religious organizations( group 8661); 80. Research, development, and testing services( group 8731- 8734); 81. Retail nurseries, lawn and garden supply stores( group 5261); 82. Security and commodity brokers, dealer, exchanges and services ( groups 6211- 6289); 83. Theatrical producers and miscellaneous theatrical services, indoor ( groups 7922- 7929); Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 11 of 79 Page 513 of 6529 84. Tour operators( group 4725); 85. Travel agencies( group 4724); 86. United States Postal Service( 4311 except major distribution center); 87. Veterinary services( groups 0742, 0752 excluding outside kenneling); 88. Videotape rental ( 7841), excluding adult oriented rental and sales; 89. Vocational schools( groups 8243- 8299); 90. Any other commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. A. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Eating/ Picnic Area; 3. One( 1) caretaker' s residence within the C, Commercial Tract; 4. Child care, outdoor play areas. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: a. A minimum five- foot, six- inch high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; b. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure; c. The play equipment shall be set back a minimum distance of five feet from the required fence and from the principal structure. 5. Kiosks, that are small separate structures, often movable and open on one or more sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks shall not to exceed 200 square feet.; VII TRACT" A" ATTRACTION PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 12 of 79 Page 514 of 6529 A. Principal Uses: 1. " Swamp Buggy" race track( group 7948, swamp buggy track only); 2. County fair and similar expositions, including circuses, carnivals, and other recreation/ entertainment activities; 3. Exhibition hall/ community center; 4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor recreational sports and activities and shall not be limited in the number of occurrences; 5. Indoor target ranges, including archery; 6. Stock car, monster trucks, and motorized vehicle race track ( group 7948, motorized vehicle race track only); 7. Motocross( including bicycle and motorcycle) race course( group 7948, motocross race course only); 8. Stadium, training, and practice facilities for professional baseball ( group 7941). This use is allowed only if a Notice of Proposed Change or Substantial Deviation Application for Development Approval is processed in accordance with Section 380.06, F. S., or any successor statute, and the Hacienda Lakes DRI is amended. If state law changes such that DRI review or other state review is no longer required then this provision shall terminate; 9. Administrative offices and supportive service facilities; 10. Any other use or structure that is comparable in nature to the foregoing and that is approved by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Any accessory uses and structures that are incidental to and customarily associated with those uses permitted herein; 2. Onsite water management, utility, and service facilities; 3. Signs as permitted or required by the applicable Collier County Land Development Code at the time of application for construction permits; 4. Residential facilities ( one ( 1) residential unit within the A, Attraction Tract) for housing of security personnel or caretakers whose work requires residence on the property; 5. Concessions, ticketing, bleachers, and other spectator- related facilities; Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 13 of 79 Page 515 of 6529 6. Picnicking and playground areas, as well as areas for camping that may be utilized only three days prior to, during, and three days after a major event weekend. C. Conditional Uses: 1. Fuel storage and related facilities. VIII TRACT" P" PRESERVE PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Upland preserves; 2. Wetland preserves; B Accessory Uses and Structures Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational signs, and information kiosks; 2. Water management structures; 3. Archaeological sites and associated research of said sites. VIIIX TRACT" PF" PUBLIC FACILITY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses medical, 1. Public safety facilities intended to provide emergency ground transportation services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Administrative offices and support service facilities; 3. Lighting or storm water management facilities and structures. Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 14 of 79 Page 516 of 6529IX TRACT" JD" JUNIOR DEPUTY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Open space and outdoor recreational uses, including, but not limited to hiking, biking, fishing, boating, camping, picnicking and nature trails; 2. Sporting and recreational camps; 3. Caretaker' s residence, limited to two for the JD, Junior Deputy Tract. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non- motorized vessels utilizing movable storage racks; 2. Covered camping pavilion( s)( i. e.: concrete, or similar hard surface, that is roofed, and may, or may not be enclosed with screen/ plastic sheeting, or walls), which may include kitchen/ cooking facilities, office and restroom facilities; 3. Passive parks and passive recreational uses; 4. Pervious roads, driveways, and pervious and/ or impervious parking facilities; 5. Project identification and directional signage; 6. Water management structures; 7. Restrooms/ bath houses; 8. Roofed or unroofed storage for maintenance and recreational equipment; 9. Fencing and security gates, which may include barbed wire; 10. Archery and air rifle range( s). XI TRACT" S" SCHOOLS PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 15 of 79 Page 517 of 6529 1. Schools, public or private, including Educational Services( Group 82). B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Educational facilities; 2. Parking facilities and signage; 3. Administrative offices and support service facilities; 4. Lighting or storm water management facilities and structures; 5. Recreational facilities. XII SIGNS: A. Seven on- premise, ground signs shall be permitted on property corners fronting on existing, proposed, or future public roadways as depicted and labeled" Boundary Marker" on Sheets 3 and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to other signage allowed by Section 5. 06. 00 of the LDC. Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development( See Exhibit E, Deviation# 3). B. One real estate sign shall be permitted in the Commercial Tract for the purposes of marketing residential products within the MPUD. This additional real estate signage may be utilized by any of the developers of the residential communities within the MPUD( See Exhibit E, Deviation# 6). C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain until new signage can be permitted in Tract C.( See Exhibit E, Deviation# 7) D. Two entry signs along Collier Boulevard associated with the Hacienda Lakes- North Area shall be permitted to include multiple residential communities on a single sign to accommodate developments which share access to Collier Boulevard as depicted on Exhibit E- 4, Hacienda Lakes— North Area Signage Deviation Exhibit, Sheet 2 of 2 ( See Exhibit E, Deviations# 14, 15, and 16). Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 16 of 79 Page 518 of 6529 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code( LDC) and Growth Management Plan GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Conversion of residential land use types are provided for below which may be utilized to apportion units to senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and their relation to public facility impacts. Table I below, sets forth the development standards for residential land uses within the MPUD, including residential land uses that are required to be developed in Tracts C and R/ MU. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Figures 1 thru 7 generally depict typical development standards for the various residential products. Table II below, sets forth the development standards for commercial land uses, senior housing units, and public facility land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table III below, sets forth the development standards for the business park land uses and school land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive recreation land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered conceptual in nature. The design, location, and configuration of land improvements shall be defined at either site development plan, or construction plans and plat approval( s). Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/ or homeowners' association boundaries shall not be utilized for determining development standards. MAXIMUM DENSITY AND INTENSITY: Residential Density: This MPUD shall be limited to 1, 760 residential dwelling units( du) that equates to a density of 0. 78 dwelling units per gross acre. The 1, 760 residential units are either single- or multi- family units as defined in the LDC. No more than 1, 232 multi- family units may be constructed in the entire PUD. Caretakers residences shall be deducted from the 1, 760 unit allocation. A minimum of 25 residential units shall be constructed in the R/ MU Tract, and a minimum of 17 residential units shall be constructed in Tract Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 17 of 79 Page 519 of 6529C. The balance of the residential dwelling units generated from Tract C ( 13 units) must be constructed in either the R/ MU Tract, or on a portion of Tract R, within one- third of one mile of the boundary of Tract C. LAND USE CONVERSION FACTORS Residential Density: 1. 0 residential unit equates to 290 RV units in the cntirc PUD), or 4 Senior Housing Units( not to exceed 450 Senior Housing Units in the entire PUD). Up to 1, 232 of the total 1, 760 residential units may be multi- family as defined in the Land Development Code. Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses that include 327, 500 square feet of gross floor area of retail uses, 50, 000 square feet of gross floor area of medical office uses, 20,000 square feet of gross floor area of general office uses, 140, 000 square feet of gross floor area of business park land uses, and 135 hotel rooms. In no event shall the project exceed 3, 328 PM Peak Hour Trips. Such maximum trip generation cap was developed based on 327, 500 gross square feet of retail land uses, 50, 000 gross square feet of medical office land uses, 20, 000 gross square feet of general office land uses, 140, 000 gross square feet of business park land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed 92,000 gross square feet, 704 single-family units, and 1, 056 multi- family units. However, the hotel shall not count against the 140, 000 square foot cap associated with the business park. Should the BP Tract not be developed as a business park but be developed as a school facility ( excluding Collier County School District public schools), such facility shall not exceed the maximum 140, 000 gross square feet allowed in that Tract. The developer shall be allowed to convert retail land uses to office land uses at a one to one( 1: 1) ratio, not to exceed 25% of the retail land use allocation, provided only if the converted use is an allowed use in the tract. The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not to exceed 92,000 square feet to 60, 000 square feet of gross floor area of business park land uses. All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the overall trip and land use cap. Senior Housing Intensity: The intensity of any senior housing project shall have a maximum Floor Area Ratio( FAR) of 0.60. The 1, 760 dwelling unit cap is only intended to limit the number of single family and multi-family residential units, as those units are defined in the Land Development Code. The development may include in excess of 1, 760 residential units if some are developed as senior housing units. With the exception of senior housing development in the C, Commercial Tract, senior housing units shall be developed through the conversion of residential land uses. Residential units shall be allowed for conversion to senior housing units based on the Land Use Conversion Factors, above. However, 1 single- family dwelling unit equates to 1 single- family style independent living units. In no instance shall greater than 450 senior housing units be developed in the entire MPUD. Total Project Intensity: In no event shall the project exceed 3, 328 pm Peak Hour Trips. Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/ housing facilities. These care/housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from Hacienda Lakes MPUD Words struckough are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 18 of 79 Page 520 of 6529residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: a. The facility shall be for residents 55 years of age and older; b. There shall be on-site dining facilities to the residents, with food service being on-site, or catered; c. Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; d. There shall be an onsite manager/ activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; e. An on-site wellness facility shall provide exercise and general fitness opportunities for the residents. f. Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; g. Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. h. Lands described as Hacienda Lakes Tracts G and I and designated as R/ MU on the Master Plan are subject to the following: One Hundred Percent( 100%) of the units will be restricted to households with 80% Annual Median Income ( AMI) or less. This restriction shall remain in place for no less than thirty ( 30) years from the date issuance of the first Certificate of Occupancy. In combination with the commitment to affordability, the following operational characteristics apply to this project: a. The facility shall be for residents 62 years of age or older; b. There shall be an onsite manger/ activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; c. An on-site wellness facility shall provide exercise and general fitness opportunities for the residents; d. Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. e. The TIS shall use ITE use code 252 Senior Living Attached due to the limited on-site services to better reflect projected trip generation. [ HEX 2021- 331 In addition to the above operational characteristics, the following site design characteristics apply to the Allegro at Hacienda Lakes project( lands described in PL20200001717): a. All principal structures on Tract I will be set back a minimum of 80 feet from the parcel boundary.[ HEX2021- 33.1 b. The one( 1) dumpster external to the building on Tract I will be located on the east side of the principal structure and a minimum of 350 feet from the southern property line. The dumpster will be concrete block enclosure with gates and used for disposal of bulk household items only, such as furniture. Household refuse, such as food products, will be housed in trash compactors internal to the principal structure. IHEX2021- 331 c. An enhanced 10- foot Type" A" buffer will be provided on Tract I along the portion of the southern property line adjacent to Esplanade at Hacienda Lakes meeting the following minimum specifications: 1. Total of 44 trees comprised of 11 canopy trees and 33 sabal palms. Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 19 of 79 Page 521 of 6529 2. Canopy trees shall be a minimum of 10 feet tall at the time of planting. 3. Sabal palm trees shall be a minimum of 15'- 30' staggered height at time of planting grouped in clusters with a minimum of three ( 3) palms per cluster, 10 feet on center. HEX2021- 331 d. Temporary construction fencing with a minimum height of five ( 5) feet shall be installed along the southern and eastern property lines throughout the duration of construction activities and shall include screen mesh fabric. JHEX2021- 331 e. A 6- foot- tall earthtone ( brown or beige) PVC fence shall be installed along the southern portion of the eastern property line as shown on Exhibit C- 1. [ HEX2021- 331 f. All light fixtures/ poles will be limited to a maximum height of 25 feet and will be " Dark Skies" compliant. Exterior wall lighting, on the buildings shall not be located above the second story. JHEX2021- 331 g. On- site security measures shall include a recorded license plate reader at the entrance to the Allegro at Hacienda Lakes. All recorded data is private and confidential and will be provided to law enforcement upon their request. JHEX2021- 331 h. The developer/ operator agrees to provide a Resident Assurance Check- In Program materially consistent Florida Housing Finance Corporation requirements as referenced below: The developer will provide and use an established system of checking in with each resident on a pre- determined basis not less than once per day, at no cost to the resident. Residents may opt out of this program with a written certificate that they choose not to participate. HEX2021- 33] Recreational Vehicle Park Criteria Any RV Park may be located in one location as generally depicted on Exhibit C, MPUD Master Plan. This area shall be developed either with an RV Park or residential land uses, and not be a bination of' both The RV Park shall be limited to Clac A motorcoachcs only. In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. The density of the RV Park shall not exceed 12 RV units for each acre of the development parcel not less than 20 acres]. The Lord' s way shall be the principal access to Collier Boulevard( CR 951). A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially zoned or developed parcel. Sign Development Standards Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of sign content area( See Exhibit E, Deviation# 3). Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development. Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 20 of 79 Page 522 of 6529 Any signage proposed for identifying the on-site Swamp Buggy Attraction land use in the Commercial Tract may be illuminated and manually changeable so the traveling public may learn of upcoming events in the Attraction Tract. Any land uses permitted within the boundaries of the MPUD shall be considered on- site for the purposes of providing for signage within the Commercial Tract. Site Development, or Plat Approval At the time of each development order application subsequent to rezone approval, the developer or its successors and assigns shall submit a list of previously approved land uses ( approved via site development plan, or plat), and the trips, commercial square footage and residential units consumed to date. Developer shall also provide to County a copy of its master list of land uses and converted uses for this PUD with each SDP or plat application in the form attached as Exhibit G. Hacienda Lakes MPUD Words struck hrough are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 21 of 79 Page 523 of 6529 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS CLUB F SINGLE TWO HOUSE/ ZERO LOT MULTI- FAMILY t9NAL SETBACK FAMILY FAMILY/ TOWNHOUSE REC LINE DWELLINGS aiE141Eb6 DETACHED DUPLEX REATION PARKS BLDGS Principal Structures 3, 500 SF Minimum 800 SF per Lot Area 4, 800 SF 4, 000 SF 1, 800 SF per lot 1 acre 10, 000 SF per lot spaee/ unit 18' per lot or Minimum Lot Width 40' 35' 35' per lot 150' N/ A 3-51 unit 15' or1/4 15' or1/4 15' or1/4 15' or%z 15' or%z BH, 15' or' A BH, Minimum Distance From BH, BH, BH, BH, whichever is whichever is a 3 MPUD Boundary** whichever whichever whichever whichever greater. greater. is greater. is greater. is greater. is greater. 20', or 15' 20', or 15' 20', or 15' 20' or% z BH, with side with side with side Front Yard Setback 20' whichever is N/ A 4424 load load load greater. garages garages garages Side Yard 6' 5' 0' or 10' 0' or 6' 0' or 6' z BH N/ A 3a 15' or%z BH, Rear Yard 15' 15' 15' 15' whichever is N/ A S' greater From Preserve 25' 25' 25' 25' 25' 25' 251 Maximum Zoned Height 35' 35' 35' 45' 75' 40' 3441 Maximum Actual Height 42' 42' 42' 50' 85' 50' 3-5 Floor Area Minimum( SF) 1200 SF 1000 SF 1000 SF 900 SF 750 SF N/ A N/ A IS' or''/ z Minimum Distance SBH, Between Principal 12' 10' 12' 12' 1/4SBH whichever Structures is greater Accessory Structures Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' 5' 10' SPS From Preserve 10' 10' 10' 10' 10' 10' 4-02- Minimum Distance Between Accessory 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 4W Structures on same lot Minimum Distance Between Accessory and 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' Principle Principal Structures on same lot Maximum Zoned Height SPS SPS SPS SPS 35' SPS SPS Maximum Actual Height SPS SPS SPS SPS 35' SPS SPS 15' or/ 15' or/ 15' or1/4 15' or1/4 15' or'/ z BH 15' or%z BH 15' or BH Minimum Distance From BH BH BH BH whichever is whichever is whi MPUD Boundary** whichever whichever whichever whichever greater greater greater is greater is greater is greater is greater SPS: Same as Principal Structure LL: Lot Line BOC: Back of Curb Paseo: A pedestrian only access way to and from residences. N/ A: Not Applicable BH: Zoned Building Height SBH: Sum of Building Heights Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 22 of 79 Page 524 of 6529General application of setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right-of-way, the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non- platted private drive, the setback is measured from the back of curb or edge of pavement. iii. For corner lots, only one ( 1) front yard setback shall be required. The yard that does not contain the driveway/ vehicular access to the residence shall provide 10' setback. This setback applies only to single family detached, zero lot line, and two family/ duplex dwelling types with a maximum zoned building height of 35' within- the- Esplanade- at and a T , Hacienda Lalies- property, a lepicted on Exhibit B ,, theAzur t property, as depicted on Exhibit B 2, attached hereto. At the time of platting, intersections subject to the secondary front yard setback shall demonstrate compliance with sight distance triangles as set forth in LDC Section 6. 06. 05. f HEX 2015- 06& HEX 2016- 201 Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features( i. e.: guard house, clock towers and colonnades) are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi- family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15- foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units, garages shall be located a minimum of 23 feet from the back ofthe sidewalk closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. 6) Minimum distance between principal structures for multi- family dwellings shall be 20 feet for multi- family buildings where both buildings have a zoned height less than 35 feet, or 'h SBH for multi- family buildings exceeding 35 feet in zoned height, only for multi- family buildings within Azure at Hacienda Lakes, as depicted on Exhibit B- 2, attached hereto. fHEX 2016- 201 7) In the event the property is developed as a unified development with the San Marino PUD in the area west of the FPL easement, a zero- foot setback shall be allowed along the common property PUD boundary and no landscape buffer shall be required( See deviation# 18). 8) Where the property owner in the San Marino PUD agrees to the elimination of a buffer east of the FPL Easement, a ten-foot setback shall be allowed along the common property PUD boundary and no landscape buffer shall be required( See deviation# 18). Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 23 of 79 Page 525 of 6529 PROPERTY I WRACK H n ja IL r r• " 1 i 0---T Figure 1 Terraced Setbacks PRESERVE S' MIN. REAR YARD ACCESSORY i STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY STRUCTURE SETBACK 1 1 iS' MIN. REAR YARD PRINCIPAL FROM PRESERVE 1 STRUCTURE SETBACK 25 FOOT MINIMUM PRMgPA1 ACC. SIR.' STRUCTURE SETBACK I I FROM PRESERVE 1 1 1 1 6' B' MIN. -. I 12' MIN. 4^B' MIN. SIDE YARD PRINCIPAL I 1 STRUCTURE SETBACK I PRINCIPAL I STRUCTURE 23' MIN. 1 1 1 1 FROM YARD PRINCIPAL I 1 FRONT YARD PRINCIPALNT STRUCTURE sETBACK STRUCTURE SETBACK 2IINN.- 18' L. 3 pN ROW I L i S' SIDEWALK- BACK OF CURB - 10' MIN. CENTERLINE_ - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single- Family Units Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 24 of 79 Page 526 of 6529 PRESERVE 5' MIN. REAR YARD ACCESSORY 3 STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY I(' 1 i 7 STRUCTURE SETBACK I 1 ------ 1---^__ FROM PRESERVE I T 18' MM. REAR YARD PRINCIPAL 25 FOOT MINIMUM 17 STRUCTURE SETBACK STRUCTUSETELACEPSI CK \ ( SIR. FROM I PRESERVE I I I I I I I 10' MIN. J ___ I0' MIN. I- 10' MIN. I.-0' MIN. SIDE YARD PRINCIPAL 1 I STRUCTURE SETBACK I I PRINCIPAL I 23' MIN. 1 I11 FRONT YARD PRINCIPAL I r- I — FRONT YARD PRINCIPAL STRUCTURE SETBACK I IIITT STRUCTURE SETBACK 1_ 1N. 1 I ROW mr 5' SIDEWALK— BACK OF CURD 10' MIN. CENTERLINE--.- 1— - ACC. STR. .. ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 3 Detached Single- Family/Zero Lot Line Units PRESER4E B' U . REAR YARD ACCESSORY I_..r 1._,n .. s_ --_- --- S11 NCIURE SRTBACK TO FOOT WINYUM ACCESSORY 7- I--_ 1 STRUCFFTURE SMACK I 15' MN. REM YARD PRINCIPAL PRESERVE i II I f STNVCTURE SETBACK 25 FOOT PR1 ACC. STR ACC. STR. 1I ASTRUCTUREL- 1 FR7M PRESEAVE I I I I I 1 1 1 I 1T NO SIDE YND RWURED FOR PRNICFAL UNITS t VT I 6' N AN. I 4-- 12' YM1. I I I I I I STRUCRE a TARO YIN. 23' W. S NiRl1C SflTiMCKPMNCIPK I - I I r j I I I I I I 1 I I I I J-- IRONf YMD PRINCIPAL FAINT YARD PRoc, AL^ L-. j STRUCTURE SETBACK SETBACK 1 i 1 t 1 S1RUC1tIRE j_ 4_ 1_, IS _ _ 12y1s I ` I 1 .". _ _ _.- J 5' _ t1 BACK of CURB N. CENTERLINE ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE Nor DRANN PROPORTONMLY Figure 4 Duplex and Two-Family Units Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 25 of 79 Page 527 of 6529 PRESERVE a MIN. REAR YARD ACCESSORY STRUCTURE SETBACK 1 O FOOT I 1,/ NIA. YARD E SETBACK P 15ST' RREAR PINPALFRONIf1 I I I I SIDE YARD ED FOR FOOT MINIMUM PRIK PAL— II251 A...." PRINCIPAL DTS 1 STR RE SETBACK srR FRO& PRESERVE I DIN I 12' I MIN. PEALI STRUCTURE 5' MIN. SIDE YARD PRINCIPAL r STRl1CTURE SETBACK I I I FRONT YARD PRINCIPAL STRUCTURE SETBACK I 1 I I 1 I I ROW 5' SIDEWALK-- BACK OF CURB I 1 I < I 10' MIN. CENTERLINE ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 5 Attached Single- Family and Townhouse Units PP6OR( r W. RUN! r s12INTP4 1ccC11NAtmoRI CSl) atTatat TEXT UN s% J,/- Gti/` 10 FOOT WY IIM t^' `/../ SORICIAMSTICAMY 1 1 1 RU11 YMO AL 26 FOOT IAIAIANI ACC. STIL ACC. a,- 1 019 2c__ WWI TNON I I I 1K= AI[ R211110 1/ 2 XI° NOWT WPM SOS YAM PROICIPA, PRINCIPAL IIMNCRAK SCIINCK SRRICTUK S[ 1SAOt TRACT LINC- RIMRI TAN) PIS#K AI.\\\ I SMACK STPNCRAK tt 1' ACCCSS TAW NT/ NOT* S' SA701WA— Mbt Or w A. . w._ . i _., CO/ RIRINE E NCO. RN.. ACCESSORY STRUCTURE NOT 10 SCALE NOT MANE MICeornO$ ULY Figure 6 Multi- Family Units Hacienda Lakes MPUD Words struck through are deleted; PL2O21OOO1791 Words underlined are added Last Revised: April 21, 2022 Page 26 of 79 Page 528 of 6529 TABLE II COMMERCIAL, INCLUDING MIXED USE BUILDINGS, PUBLIC FACILITY, AND SENIOR HOUSING DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10, 000 SQUARE FEET N/ A MINIMUM LOT WIDTH 100 FEET N/ A MINIMUM YARDS ( MEASURED FROM LOT 25 FEET OR 'A THE 10 FEET BOUNDARY) BUILDING HEIGHT, WHICHEVER IS GREATER*** MINIMUM YARDS ( MEASURED FROM MPUD 25 FEET 10 FEET BOUNDARIES **** PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN STRUCTURES 15 FT. OR'h THE SUM OF 10 FEET BUILDING HEIGHTS* MAXIMUM ZONED HEIGHT 50 FEET***** 25 FEET MAXIMUM ACTUAL HEIGHT 60 FEET***** 30 FEET MINIMUM FLOOR AREA— COMMERCIAL 600 SQUARE FEET** N/ A MINIMUM FLOOR AREA- SENIOR HOUSING 350 SQUARE FEET N/ A MINIMUM FLOOR AREA- PUBLIC FACILITY 1, 500 SQUARE FEET N/ A MIN. GROSS FLOOR AREA PER UNIT 600 SQUARE FEET** 80 SQUARE FEET** Whichever is greater Not applicable to kiosks General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right- of-way, the setback is measured from the adjacent right- of-way line. ii. If the parcel is served by a non- platted private drive, the setback is measured from the back of curb or edge of pavement. Principal and Accessory Structures shall not protrude or encroach into any required landscape buffer. except that a hotel, destination resort, senior housing or mixed use building may be up to 75 feet in zoned height and 85 feet in actual height. Note: Any independent living unit proposed for development in a single- family type of configuration shall comply with the development standards for single- family land uses set forth in Table I. Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 27 of 79 Page 529 of 6529 TABLE III BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 8, 000 SQUARE FEET N/ A MINIMUM LOT WIDTH 80 FEET N/A MINIMUM YARDS( MEASURED FROM TRACT 50 FEET*** 10 FEET BOUNDARY)- BUSINESS PARK MINIMUM YARDS( MEASURED FROM TRACT 50 FEET*** 25 FEET BOUNDARY)- SCHOOL MINIMUM YARDS( MEASURED FROM MPUD N/ A N/ A BOUNDARIES)- BUSINES PARK 50 FEET 10 FEET MINIMUM YARDS( MEASURED FROM MPUD 50 FEET 25 FEET BOUNDARIES)- SCHOO L PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. ORY2 THE SUM OF 10 FEET STRUCTURES- BUSINESS PARK BUILDING HEIGHTS * MIN. DISTANCE BETWEEN OR 18 FEET 10 FEET STRUCTURES- SCHOOL MAXIMUM ZONED HEIGHT- BUSINESS PARK 35 FEET 35 FEET MAXIMUM ZONED HEIGHT- SCHOOL 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT- BUSINESS PARK 50 FEET 35 FEET MAXIMUM ACTUAL HEIGHT- SCHOOL 60 FEET 60 FEET MINIMUM FLOOR AREA- BUSINESS PARK 1000 SQUARE FEET N/ A MINIMUM FLOOR AREA- SCHOOL OR 350 SQUARE FEET 35 SQUARE FEET MIN. GROSS FLOOR AREA PER UNIT BUSINESS PARK 500 SQUARE FEET 80 SQUARE FEET SCHOOL N/ A N/ A Whichever is greater General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right- of-way, the setback is measured from the adjacent right- of-way line. ii. If the parcel is served by a non- platted private drive, the setback is measured from the back of curb or edge of pavement. The Lord' s Way Access Improvements: In the event that Tract BP is developed as a business park, the Lord' s Way shall be improved by the Developer with roadway facilities as depicted by LDC Appendix B- 4, a Commercial/ Industrial typical Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 28 of 79 Page 530 of 6529roadway section, prior to the issuance of the first certificate of occupancy for a business park land use. In the event that Tract BP is developed as an educational facility, the Lord' s Way shall be improved by the Developer as depicted by LDC Appendix 8- 3, a Local Street typical roadway section. TABLE IV ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1 ACRE N/ A MINIMUM LOT WIDTH 100 FEET N/ A MINIMUM YARDS( MEASURED FROM 20 FEET, PLUS 1 FOOT FOR 20 FEET TRACT BOUNDARY) EACH 2 FEET OF BLDG. HT. OVER50 FEET MINIMUM YARDS( MEASURED FROM 25 FEET 20 FEET MPUD BOUNDARIES PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. ORY2 THE SUM OF 10 FEET STRUCTURES BUILDING HEIGHTS* MAXIMUM ZONED HEIGHT 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT 75 FEET 75 FEET MINIMUM FLOOR AREA 1000 SQUARE FEET** N/ A Whichever is greater Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the utilization of the attraction facilities, which have no minimum floor area limitations Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated at the rate of one parking space for each 1000 square feet of covered camping pavilion. Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit projectiles from exiting the range area. Hacienda Lakes MPUD Words struckeugh-are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 29 of 79 Page 531 of 6529Approved by HEX Decision 2015- 06 B_ I Exhibit B ESPLANADE AT HACIENDA LAKES Page 3 of 3 PROJECT LOCATION MAP F NORTH 7 APhhiN kiv 11 e 1111111 t 4 to L_s_ PROJECT, DRI r\ i__,_______SITE __, BOUNDARY) it 20 22 C p C__....- n 1___ 24 II . 1" 4 Lia 0 1,..) 7-1- illk r" Page 532 of 6529i I Exhibit " 1" Approved HEX Decision 2016- by 20 Page 3 of 7 EXHIBIT B- 2 AZURE AT HACIENDA LAKES PROJECT LOCATION MAP i N_— 1 ! NORTH a 3 y t 7in -, f 1 a PROJECT p a L.. LOCATION i RATTL U r. xoc y CR- 8S4 DRI a— 'fir i zG glgr 4 • BOUNDARY R U I SABAL PAL RJ J I 1 1 i k1 Y Page 533 of 6529 EXHIBIT B- 3 HACIENDA LAKES NORTH PROJECT LOCATION MAP I NORTH PROJECT 11 14, SITE DR!/ PUD jBOUNDARY C lip r/ y, Li ry p 13 18 a: WAY THE LORDS j/ U a o w• RATTLESNAKE HAMMOCK ROAD o j i, / j/ UpoInjj % . / w 100-/ f., 1,„,,,,,;.„..,,,;,,/ 0.„„,,,,„„ 3„,„,„kl,01- j i.-1,' JOHNS ROAD I 4'::\1):_, 112 k U CS o z \ z._ r 10 W 2; 2 30/ 701. r x 1/ A t/ ... ITji ii,ip,,,,, a , 34 dAb , Z0 Iit 36 31 32 U PREPARED FOR: FLORIDA CERTIFICATE OF AUTHROIZATION# 8636 WALDROP 0o SECTION: 14 TOWNSHIP: 50 RANGE: e Brothers hI ENGINEERING CIVIL ENGINEERING PLANNING LANDSCAPE cocv S LUXURY HOME BUILDER' COLLIER COUNTY, FLORIDA I I ARCHITECTUREAMERICA' 24201 WALDEN CENTER DRIVE, SUITE 204 1-3 FILE NAME: 1284100E I5 28100 BONITA GRANDE DRIVE• SUITE 305 BONITA SPRINGS, FLORIDA 34134 BONITA SPRINGS, FL34135 O P: 239- 405- 7777 F: 239405- 7 899 PHONE:( 239) 596- 6600 EMAIL InfoBwaldropenglnnnCing. com g SHEET: 1 OF 1 m Page 534 of 6529 i - w t Exhibit C 2t. if= Rtco w, arw. rb r.> oR2 * A " ; ---- - g v: I o o NQ i 1 RzAo I 1; '; - i I g e1. P. ( Z) 'IV t m€ 011 veil'. L l Il t W i' 1; nmt Ili Z9' 1, ti4i Ii 9 1 I, I Pi I i a= w I jai : 7e tea II.,. 0 a , 1 1 1 r A • n •• ry e > J I DD 6 p Ii joai .' ; 4 ; 1 , - IA t € 3jsi i aa ril ilqiii r Yk 1, ,:- tiii3! lirIli1 11 la--ri, li 1 II TI 1- . ' j 1 gf N f J i 94 s ! i 3 r its/ 1P 1 1; 1illi 4i g g i; as ° . ' x R e r. u - it.E Y 1i r § 6 1. pj i ekg ; kRt L filgMil r 3 MiNal_lg11 3e ,- pi " pi '--le-' ii's^ Ra il: s vi- x xi e as- s Ei° S , r g e 4 d]; i 3$ R- v as x , rR ° lx e ¢ , PliiiiiiE; 3:+.: 1 5 gkvA i6 E i # R " H H e rx; I 0- o p p @ xl ' 412i.! iA a $ a Ni Rh3 p 3E R ' dd l a 3 i i 3 ; S a q ! - aQ 2yRR ` a t 5, g,- Rag a!• 1 iv. 7 1 .-` g ka y R3Gl, I 6 e$'] a: i j Suaits t F. § R 5ixi l YY 01 g.! tvi A.; 3: 0 as tii. CUF184Ra iq TkR,' { a." I:, ...,. t - A " r+ ax R s gl 1.0Ag!gxggi! 2Ri rro e-.`_ rs; I = 9! ! Y INC HACIE; VDALAKES OF' APLES, LLC HACIENDA LAKES ATA vr eadm 1?\NSUL N c : 1+{ t ; r, OVERALL MPL' D/ DRI MPUD/ DR/ i VV a, twat p MASTER PLAN Page 535 of 6529 LAND USE SUMMARY W 1{ ' J W DESIGNATOR LAND USE ACREAGE 6! Z COMMERCIAL 34. 160 ACRES I I COMMERCIAL LANDS ENCUMBERED BY PUBLIC ROW TRACT" 2. 51S ACRES N - Z 11 A' ATTRACTION RESIDENTIAL 447.147. BABBt ACREACRES BUSINESS PARK 35. 38s ACRES P PRESERVE 1546. 11S ACRES qq PUBLIC FACIUTY 1. 33O ACRES t 1 JD" JUNIOR DEPUTY 2162U ACRES P' S" SCHOOL 19.55* ACRES PRESERVE R/ MU' RESIDENTIAL/ MEDICAL USE 38. 82U ACRES TRACT ROW PUBLIC ROW/ EASEMENTS 70,04s ACRES TOTAL 2262. 14m ACRES V) THE COMBINED TOTAL OF THESE TWO ACREAGES EQUALS THE ACTIVITY CENTER ACREAGE OF 3S. BT EXCLUDE THIS ACREAGE WHEN TOTALING PROJECT AREA AS IT IS INCLUDED IN THE A AGRICULTURE y ROW' TRACT A. -'- UNDEVELOPED YL LEGEND 1 WILLOW RUN SPUD a A - ATTRACTION TRACT L I BP - BUSINESS PARK I R ^ IICC.yy R G - COMMERCIAL L R / Il , 1 W R LRLLUWRUN RPuo P - PRESERVE TRACT M R / O 1 Ra VOTF re ,. PF - PUBUC FACILITIES TRACT( EMS) P 4 R JD JUNIOR DEPUTY 5j PRESERVE TRACT s - SCHOOLS FIRST/ 3e i: AC. R ANNISTMIrvISnIFSIES PUD PGD O R RESIDENTIAL TRACT L -'..-• RAW - RESIDENTIAL I MEDICAL USE J umu.OTw ROW PUBLIC ROW/ EASEMENTS P; , 1 PROPOSED PUBIC R. 0 W. OEVEI OPED PW PB SERVE.- RESERVATION AceEwAr o r AENST 1 3-. 1., iERELOCATEDO OR EXISTING I ACCESS EASEMENTS NOT V/ DEVEOPES TP r " PROPOSED FOR VACATION AAORCA URE N 1 e300 M UNCEVElOPED NOEVELOPED JD AAORICULi- E 1. 11, 10 MMEAaunR L M1 MUNP[' vi oa CODER 6. 11109,111. o c 3NAmmocsRUTTLESNA xT 11.S. 1211M RNTAI RFB' PRESERVE r i fL/ 1 L j J ) MAST O D 0RAW Riip urnioeiEi o fr4 11' MATCH LINE- SEE SHEET] y = _ km.. FT"^ Page 536 of 6529 s r L MATCH LINE- 8EE SHEET 1 COLLIER REGIONAL z R r r MEDICAL CENTER PUD AAA 1 S C= L / L I 11 r_ R I Y^ uN DEVELOPEDRIcuLTURE R r l I W 3 R r r r _, RAAU DR U A Z yJ SOLE- FFAMILY A G H AND PRIVATE HOMES I. r - • AMAOR.. TWE Pi 5 NURSERY uses — rel ei p p DLEfAMILY eRESERVB RPUO ROLNEOOE I. 3- I HOMESNURSERYANDPRIVATEUSES - _ YT _ AaORICULTURE UNDEVELOPED 4 r wwu P r gg PRES RYE- r G'jj g TRACT.•• r _. __ _ _ DABAL PALM ROAD t r r r A AGRICULTURE DEVELOPED CYPRESS( DRS D P UNDEVELOPEDOPEDED LAND USE SUMMARY r DESIGNATOR L1 LAND USE ACREAGE r COMMERCIAL 51. tSa ACRES e O. COMMERCIAL LANDS ENCUMBERED BY PUBLIC ROW TRACT" 2. 51a ACRES N ATTRACTION UFO 42211 ACRES r r RESIDENTIAL 441BBa ACRES r •••' r BP BUSINESS PARS 3. ba ACRES Q FI AADRIg1lTWE AAGRICULTURE PRESERVE 15M. 1. ACRES UNDEVELOPED fTl r UNDEVELOPED F PUBLIC FACILITY 1. ACRES naY 1 r LAD' JUNIOR DEPUTY 2182a ACRES q. ittat: 4110.* I 1 SCHOOL 1a55a ACRES W. U. RESIDENTIAL/ MEDICAL USE 3B. 824 ACRES WOW PUBLIC ROW/ EASEMENTS 20011 ACRES r Tar TOTAL net. 11: ACRES P ARCpEL PEAEA S r dRE...•. L AT" RRESERVE UNDEVELOPEDE r L OF THESE TWO ACREAGES EQUALS THE ACTIVRYCENTER j Tdr — ACREAGE OF 36 67 i a - - EXCLUDE THIS ACREAGEWHENTo T NGPROJECTAREAAS T SINCLUDEG N TH E 1_ _ _ t ROW TRACT r r r r r _ D PRESERVE', A • ATTRAGOrNON TRACT , TRACT 9 o • BUSINESS PARR r ma JI R • PREeERVETM CT AAGRCULTURE AAORIC1UREAGRICULTURE UNDEVELOPED{ UNDEVELOPED RP • PUBLIC FACILITIES TRACT( EMS1 jy IOR Sa • SCNHOOLSEPUTY TUL RACT IIIIStir E ROW PUBLIC PIL ITEA9EASEMENTSEL r I I REeERYATAN ROW I J PROPOSED FOR VACATaN 11 1 Page 537 of 6529 5Z fil %! HACIENDA LAKES NATIVE PRESERVE SUMMARY k ' yy DESCRIPTION TOTAL URBAN( AC) RURAL( AC) IL Si 81 PROJECT AREA MAXIMUM DENSITY AND INTENSITY 2262. 14 625. 07 1637. 07 Z ` ON- SITE NATIVE 4 VEGETATION 1721. 97 29538 1426. 59 RESIDENTIAL DENSITY: THIS MPUD SHALL BE UMITED TO 1, 780 RESIDENTIAL DWELLING GZ L4I LEES THE NATIVE WO WITH. RATTLESNAKE HAMMOCK MI 2. 02 2. 02 0. 00 UNITS( DU) THAT EQUATES TO A DENSITY OF 0. 78 DWELLING UNITS PER GROSS ACRE. THE 2 ' 4! J I LESS THE NATIVE VEG WITH. 1, 760 RESIDENTIAL UNITS ARE EITHER SINGLE OR MULTI- FAMILY UNITS AS DEFINED IN THE THE LORDS WAY EXT. 0. 42 0. 42 000 LOC. NO MORE THAN 1. 232 MULTI- FAMILY UNITS MAY BE CONSTRUCTED IN THE ENTIRE PUD. ii LESS THE NATIVE MI WITH. 04 THE 8ENf1ELO ROADCORRIOOR 11. 00 5. 01 5. 1 93 CARETAKERS RESIDENCES SHALL BE DEDUCTED FROM THE 1, 780 UNIT ALLOCATION. A 1. LESS THE NATIVE V60 WITH. ARCHAEOLOGICAL PRESERVES 6. 07 1. 06 5. 02 MINIMUM OF 25 RESIDENTIAL UNITS SHALL BE CONSTRUCTED IN THE R/ MU TRACT, AND A MINIMUM OF 17 RESIDENTIAL UNITS SHALL BE CONSTRUCTED IN TRACT C. THE BALANCE OF NATIVE VEGETATION FOR REQUIREMENT CALCULATIONS 1702./ 6 286. 87 14IS 64 THE RESIDENTIAL DWELLING UNITS GENERATED FROM TRACT C( 13 UNITS) MUST BE PERCENTAGE FOR 8• REQUIRED NATIVE PRESERVE 25% CONSTRUCTED IN EITHER THE RAIL/ TRACT, OR ON A PORTION OF TRACT R. WITHIN ONE- THIRD OF ONE MILE OF THE BOUNDARY OF TRACT C REQUIRED NATIVE VEGETATION 921. 09 71. 71 949.38 PRESERVED NATIVE VEGETATION•• 1395. 35 40. 81 1354. 54 LAND USE CONVERSION FACTORS COMPENSATING NATIVE PRESERVEI'+. MT DEPlaT1•• 61. 80 RESIDENTIAL DENSITY: 1. 0 RESIDENTIAL UNIT EQUATES TO 4 SENIOR HOUSING UNITS( NOT TOTAL PRESERVE AREA 1546. 11 53. 06 1493. 05 TO EXCEED 450 SENIOR HOUSING UNITS IN THE ENTIRE PUD). UP TO 1, 232 OF THE TOTAL 1, 760 RESIDENTIAL UNITS MAY BE MULTI- FAMILY AS DEFINED IN THE LAND DEVELOPMENT CODE. NATIVE PRESERVE REQUIREMENT( LDC SUBSECTION 2. 05. 02 B. 2. G. II.) OF SO% WITHIN COMMERCIAL INTENSITY: HACIENDA LAKES IS INTENDED TO BE DEVELOPED WITH A THE RFMUD SENDING LANDS EXCEEDS 60% OF THE TOTAL PROJECT RFMUD MIXTURE OF COMMERCIAL LAND USES THAT INCLUDE 327, 500 SQUARE FEET OF GROSS SENDING LANDS. THEREFORE, OVER FLOOR AREA OF RETAIL USES, 50, 000 SQUARE FEET OF GROSS FLOOR AREA OF MEDICAL 80% OF THE TOTAL PROJECT RFMUD SENDING 0... 1 X OFFICE USES, 20, 000 SQUARE FEET OF GROSS FLOOR LANDS SHALL BE THE REQUIRED RURAL NATIVE VEGETATION AREA AREA OF GENERAL OFFICE USES, 140, 000 SQUARE FEET OF GROSS FLOOR AREA OF BUSINESS PARK LAND USES, AND 135 COMPLIANCE WITH LDC SUBSECTION 3. 05. 07 H. 1. A., REQUIRES NATIVE VEGETATION HOTEL ROOMS. Q PLANTING ENHANCEMENT OF A MINIMUM OF 12. 24 ACRES OF THE PROJECTS URF IN NO EVENT SHALL THE PROJECT EXCEED 3, 328 PM PEAK HOUR TRIPS. SUCH MAXIMUM SUBDISTRICT PRESERVE TRACT. COMPLIANCE WITH 100% OF THE NATIVE CAP WAS DEVELOPED BASED 327, SQUARE S. VEGETATION PRESERVATION REQUIREMENT SHALL BE ACHIEVED THROUGH RETAILTRIPTL LANDGENNDAUSEUSES, 50, 000 SQUARE FEET OFO MEDICAL500DICA OFFICEROSS LAND USES, 25ET20, 000OF PIFCjy PRESERVING RFMUD PROJECT NATIVE VEGETATION IN AN AMOUNT TWO TIMES THE i GROSS SQUARE FEET OF GENERAL OFFICE LAND USES, 140, 000 GROSS SQUARE FEET OF DEFICIENT NATIVE VEGETATION PRESERVE ACREAGE IN THE URF SUBDISTRICT BUSINESS PARK LAND USES, A PRIMARY SCHOOL WITH A CONTEMPLATED ENROLLMENT OF F M PROJECT LANDS AS IS PROVIDED FOR THE ADOPTED GMP AMENDMENT. THROUGH 919 STUDENTS, 135 HOTEL ROOMS, NOT TO EXCEED 92, 000 GROSS SQUARE FEET, 704 U SINGLE- FAMILY UNITS, AND 1, 058 MULTI- FAMILY UNITS. HOWEVER, THE HOTEL SHALL NOT MPUD MASTER PLAN NOTES: COUNT AGAINST THE 140, 000 SQUARE FOOT CAP ASSOCIATED WITH THE BUSINESS PARK. SHOULD THE BP TRACT NOT BE DEVELOPED AS A BUSINESS PARK BUT BE DEVELOPED AS A SCHOOL ( EXCLUDING COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS), SUCH 1. VMTHIN THE MPUD BOUNDARIES THERE WILL BE A MINMUM OF 60% USEABLE FACILITY SHALL NOT EXCEED THE MAXIMUM 140,000 GROSS SQUARE FEET ALLOWED IN OPEN SPACE. THAT TRACT. 2. THE FACILITIES AND IMPROVEMENTS SHOWN ON THE PUD MASTER PLAN SHALL THE DEVELOPER SHALL BE ALLOWED TO CONVERT RETAIL LAND USES TO OFFICE LAND BE CONSIDERED CONCEPTUAL IN NATURE. 7 USES AT A ONE TO ONE( 1: 1) RATIO, NOT TO EXCEED 25% OF THE RETAIL LAND USE 3. THE DESIGN, LOCATION, AND CONFIGURATION OF THE LAND IMPROVEMENTS, ALLOCATION PROVIDED ONLY IF THE CONVERTED USE IS AN ALLOWED USE IN THE TRACT. LAKES, AND/ OR ENTRY POINTS SHALL BE DEFINED AT EITHER SDP OR THE DEVELOPER SHALL BE ALLOWED TO WHOLLY CONVERT THE HOTEL DEVELOPMENT CONSTRUCTION PLANS AND PLAT APPROVAL. OPPORTUNITY OF 135 ROOMS NOT TO EXCEED 92, 000 SQUARE FEET TO 80, 000 SQUARE FEET OF BUSINESS LAND USES. 4. IF THE ROAD EASEMENTS IN THE PETITION PL20210002887 ARE VACATED BY THE I ALL EXISTING LAND USEUSES AND FACILITIES IN THE ATTRACTION AND JUNIOR DEPUTY TRACTS BOARD OF COUNTY COMMISSIONERS, THEN THESE ACCESS CONNECTIONS ARE SHALL NOT COUNT AGAINST THE OVERALL TRIP AND LAND USE CAP. ALLOWED. IF THE PETITION FOR VACATION IS NOT APPROVED, THEN THESE SENIOR HOUSING INTENSITY: THE INTENSITY OF ANY SENIOR HOUSING PROJECT SHALL ACCESS CONNECTIONS ARE NOT ALLOWED. HAVE A MAXIMUM FLOOR AREA RATIO( FAR) OF 0. 80. THE DWELLING UNIT CAP IS ONLY I 5. SEE EXHIBIT C- 2 FOR NORTH AREA DEVIATION LOCATIONS. INTENDED TO UMIT THE NUMBER OF SINGLE- FAMILY AND MULTI- FAMILY RESIDENTIAL UNITS IAS INCLUDETHOSE INUNITSEXCESSARE OFDEFINED1, 780 RESIDENTIALIN THE LAND DEVELOPMENTUNITS IF SOME CODE.ARE THEDEVELOPEDDEVELOPMENTAS SENIORMAY HOUSING UNITS. MATH THE EXCEPTION OF SENIOR HOUSING DEVELOPMENT IN THE C COMMERCIAL TRACT, SENIOR HOUSING UNITS SHALL BE DEVELOPED THROUGH THEY CONVERSION OF RESIDENTIAL LAND USES. RESIDENTIAL UNITS SHALL BE ALLOWED FOR 11110." I eormemnrmmemmr I CONVERSION TO SENIOR HOUSING UNITS BASED ON THE LAND USE CONVERSION FACTORS ABOVE HOWEVER, 1 SINGLE- FAMILY DWELLING UNIT EQUATES TO 1 SINGLE- FAMILY STYLE I INDEPENDENT LAVING UNITS. IN NO INSTANCE SHALL GREATER THAN 450 SENIOR HOUSING UNITS BE DEVELOPED IN THE MPUD. 1 TOTAL PROJECT INTENSITY IN NO EVENT SHALL THE PROJECT EXCEED 3, 328 PM PEAT( HOUR TRIPS. 4 f Page 538 of 6529 te* LEGEND Approved HEX NORTH 41- III. INGRESS/ EGRESS by Decision 2021- 33 9 LAKE r . ' PROJECT AREA= 6. 71± ACRES TRACT" C"= COMMERCIAL NOT TO SCAI F TRACT" R/ MU"= RESIDENTIAL/ MEDICAL USE 14.. TRACT" R"= RESIDENTIAL RATTLESNAKE HAMMOCK ROAD l' i.' /'''—---:"------lb --__ /- ''; Y,, Mr_ A I ,„:„ 1 TRACT 1 R/ MU" I 1 i TRACT v A r C " ' 1, 7/- 7 r'-i' c,, 7 Ar WAY j 1 TRACT iffs0/0011° c- COLLIER REGIONAL PALACIO MEDICAL CENTER TERRACE PALACIO NORTH TERRACE WEST I I I EXHIBIT C- 1: R/ MU ACCESS TO HACIENDA LAKES MPUD I/\ A RATTLESNAKE HA MOCKM ROAD I Alum I/\I ENGINEERING PREPARED FOR: SECTION: TOWNSHIP: RANGE: COLLIER COUNTY ovAENGINEE. NG I PLANNING I LANDSCAPE ARCHITECTURE 23 50 26 FLORIDA HACIENDA LAKES OF NAPLES, LLC 213100 BONITA GRANDE DRIVE• SUITE 305 7742 ALICO ROAD REVISION DATE: 11/ 11/ 2020 P: 2 39-BONITA405- SPRINGS.7777 F: 239405-FL 341357899 FORT MYERS, FLORIDA 33912 EhlAIL: 191: 20waJdropengineering. com SHEET: I OF 1 Page 539 of 6529 Approved by HEX Decision 2021- 33 c I' m - o 3 c o. u v 3 a, L o i' m u u< „ in1.1 ' v a= III1 r I r IL E s` a illiw 172 o o iti t d i m I 1bsti o o To 0 m k- A i 1-- 1- i 1--. 11- 11) ' I A. o Lu E. 1 o i i/ 4" r r D c i 3 r 1 v W E. Z i'''\ t •' , NV F... v 3 9 1 V_ 1' ' a13 o' o o o 1 ' p• o o o a Q 8 Q - 3. 0 Sr v v _ o5„ m c.Z 3" maizW 4C Page 540 of 6529 1 LEGEND Z / id ' A • ATTRACTION TRACT PUBLIC ROW/ ROW • EASEMENTS I Cy 61• 1 W MP • BUSINESS PARK Q • DEVIATION LOCATION I i A - I I PRESERVE TRACT PROPOSED PUBIC RO W IY N ? RESERVATION X ' I PP I PUBLCFACILRIEB TRACT( EMS) Z 1 D gy RELOCATED OR E% ISTIND w W R • RESIDENTIAL TRACT ACCESSEASEMENTSNOT yR 0I E 1 PROPOSED FOR LL VACATION X Z' a W IF THE ROAD EASEMENTS IN THE PETITION PI. ECTI00028B) ARE VACATED BY THE BOARD OF COUNTY COMMISSIONERS THEN THESE ACCESS CONNECTIONS ARE ALLOWED. IF THE PETITION FOR VACATION S NOT U. IZ U APPROVED. THEN THESE ACCESS CONFECTIONS ARE NOT ALLOWED 12 10 U0 A, I 1— B AGRICULTURE J re UNDEVELOPED 1 j F; LL WILLOW RUN RPUD i, W A'— In WIC In z; o wCN z; 1 X O W m H A R A co' 1 F1 WU R L mi W 11116 R WILLOW RUN RPUD QQ cc j® R Rii C : LZ 1 1 P ILI R I Ai 7 : PRESERVE BP L ; /: L TRACT W I FIRST ASSEMBLY 35. 38 AC. R PUD i ROW I MINISTRIES j' , 1 120' i OU 1 I7 RESERVATION - I I f I PF AKE PKW HAG1Fr1PAJ I q I , EXISTING SWAMP BUGGY BUILDING I Z' Q o12 ' 60' HA¢ I I [ ; 1 S 0 ENDA P a Z A, AGRICULTURE j Igt IAKES; PKWr ceIo•IU w EXTENSION UNDEVELOPED i W Z: 1 A +, ..,',' PRESERVE I 1, ,/ // 1I j IY f2ESERVATION W W ItRACT I j I EXISTING ' iCC J i SWAMP \,;`. U W' d j s Gu-- A;-AGRfeCftTti 2E I I BUGGv j I 1 1R TRACK j I UI DEVELOPEP H H Page 541 of 6529 EXHIBIT D LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S. 89° 10' 42" W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835. 68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S. 89° I I' 14" W. ALONG SAID SOUTH LINE FOR 2906. 24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE S. 89° 09' 39" W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693. 18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S. 89° I I' 01" W. ALONG SAID SOUTH LINE FOR 2693. 80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N. 00° 13' 35" W. ALONG THE WEST LINE OF SAID SECTION FOR 2636. 34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N. 00° 14' 15" W. ALONG SAID WEST LINE FOR 2637. 01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N. 87° 07' 13" E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704. 07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N. 01° 08' 02" E. ALONG THE EAST LINE OF SAID FRACTION FOR 684. 58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N. 87° 12' 28" E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340. 01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N. 01° 04' 11" E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052. 01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S. 87° 28' 21" W. ALONG SAID NORTH LINE FOR 2025. 64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S. 89° 0I' 58" W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328. 51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S. 01° 18' 52" W. ALONG THE WEST LINE OF SAID FRACTION FOR 679. 65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S. 89° 22' 00" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663. 28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 01° 14' 38" E. ALONG THE WEST LINE OF SAID FRACTION FOR 675. 75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S. 89° 01' 58" W. ALONG SAID NORTH LINE FOR 664. 25 FEET; THENCE CONTINUE S. 89° 01' 58" W. ALONG SAID LINE FOR 627. 16 FEET; THENCE N. 01° 01' 15" E. FOR 1699. 99 FEET; THENCE S. 89° 01' 58" W. FOR 701. 42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S. 01° 0I' 15" W. ALONG SAID EAST LINE FOR 68. 31 FEET; THENCE S. 89° 0I' 58" W. FOR 1232. 97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N. 00° 51' 54" E. ALONG SAID EAST LINE FOR 956. 27 FEET TO AN INTERSECTION WITH A LINE 30. 00 FEET SOUTH OF AND PARALLEL WITH ( AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N. 87° 37' 31" E. ALONG SAID PARALLEL LINE FOR 1237. 00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N. OI° 0I' 15" E. ALONG SAID EAST LINE FOR 30. 05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N. 87° 37' 31" E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337. 24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00° 48' 00" E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683. 32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S. 87° 31' 38" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334. 19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 00° 48' 11" E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341. 38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S. 87° 28'42" W. ALONG SAID SOUTH LINE FOR 1002. 41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N. 00° 48' 45" E. ALONG SAID WEST Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 40 of 79 BCC Approved 10/ 25/ 1 1 Page 542 of 6529 AND EAST LINE FOR 335. 13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S. 87° 27' 58" W. ALONG THE NORTH LINE OF SAID FRACTION FOR 1236. 32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N. 00° 49' 30" E. ALONG SAID EAST LINE FOR 1004. 62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N. 00° 50' 27" E. ALONG SAID EAST LINE FOR 344. 07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N. 87° 28' 56" E. ALONG SAID NORTH LINE FOR 1235. 95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 00° 49' 13" W. ALONG THE EAST LINE OF SAID FRACTION FOR 342. 92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N. 87° 25' 45" E. ALONG SAID NORTH LINE FOR 1336. 32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N. 87° 25' 45" E. ALONG SAID NORTH LINE FOR 668. 16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S. 00° 47' 37" W. ALONG THE EAST LINE OF SAID FRACTION FOR 671. 11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87° 27' 14" E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668. 22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 00° 47' 14" W. ALONG THE EAST LINE OF SAID FRACTION FOR 671. 39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N. 87° 28'42" E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336. 55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N. 87° 30' 06" E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328. 72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N. 00° 38' 50" E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345. 26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N. 00° 41' 44" E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707. 07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N. 87° 40' 34" E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321. 29 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 00° 36' 23" W. ALONG THE EAST LINE OF SAID FRACTION FOR 2701. 30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S, 87° 26' 11" W. ALONG THE NORTH LINE OF SAID SECTION FOR 662. 90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S. 00° 35' 02" W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345. 93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 87° 30' 06" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664. 36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S. 00° 38' S0" W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672. 63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 87° 32' 03" E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665. 09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 00° 35' 02" W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672. 97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 87° 33' 59" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665. 81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S. 00° 38' 51" W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345. 10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 87° 37' 27" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667. 27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S. 00° 42' 40" W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344. 51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N. 87° 40' 54" E. ALONG SAID NORTH LINE FOR 2006. 20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S. 00° 56' 29" W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368. 25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 87° 34' 58" E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343. 68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N. 00° 41' 32" E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365. 31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N. 87° 41' 38" E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337. 58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S. 00° 26' 32" W. ALONG THE EAST LINE OF SAID SECTION FOR 1703. 00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE Hacienda Lakes, PUDZ- 2006- AR- 10146 BCC Approved 10/ 25/ 1 l Page 41 of79 Page 543 of 6529 NORTHEAST QUARTER; THENCE S. 87° 33' 18" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672. 60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S. 00° 34' 02" W. ALONG SAID WEST LINE FOR 1022. 89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 87° 28' 21" E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674. 89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S. 88° 12' 42" E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093. 52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 03° 39'20" W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676. 74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N. 88° 56' I0" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940. 59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE S. 87° 07' 20" W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726. 50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S. 87° 07' I3" W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807. 16 FEET; THENCE S. 03° 18' 31" E. FOR 1451. 00 FEET; THENCE N. 88° 56' 54" E. FOR 1582. 00 FEET; THENCE S. 00° 31' 35" E. FOR 1130. 61 FEET; THENCE S. 89° I5' 59" E. FOR 1823. 18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N. 89° 57' 58" E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200. 53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S. 00° 37' 14" W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344. 51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 89° 34' 43" E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365.01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S. 00° 41' 48" W. ALONG THE WEST LINE OF SAID FRACTION FOR 671. 03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 89° 23' 00" E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364. 14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N. 89° 22' 35" E. FOR 710. 09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N. 00° 52' 45" E. FOR 1334. 78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S. 89° 46' 12" W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356. 23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N. 00° 49' 34" E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668. 60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N. 89° 57' 58" E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497. 82 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE S. 01° 12' 08" W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640. 60 FEET TO THE POINT OF BEGINNING. 101, 084, 043 SQUARE FEET OR 2, 320. 6 ACRES+/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL" A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S. 00° 59' IO" W. FOR 1329. 95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S. 89° 22' 35" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355. 05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 00° 55' 57" E. FOR 1332. 36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N. 89° 46' 12" E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356. 23 FEET TO THE POINT OF BEGINNING. 473, 270 SQUARE FEET OR 10. 9 ACRES+/- PARCEL" B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N. 87° 28' 21" E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349. 77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 00° 40' 10" W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361. 17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 87° I7' 48" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356. 51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 00° 56' 29" E. ALONG THE WEST LINE OF SAID FRACTION FOR Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 42 of 79 BCC Approved 10/ 25/ I1 Page 544 of 6529682. 86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S. 87° 23' 02" W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338. 41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. OI° 00' 20" E. ALONG THE WEST LINE OF SAID FRACTION FOR 683. 43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N. 87° 28' 21" E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337. 61 FEET TO THE POINT OF BEGINNING. 2, 072, 100 SQUARE FEET OR 47. 6 ACRES+/- Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 43 of 79 BCC Approved 10/ 25/ I 1 Page 545 of 6529OR 4938 PG 2435 Exhibit D- 1 Esplanade at Hacienda Lakes Legal Description Approved by HEX Decision 2014- 18 Exhibit" A" HACIENDA LAKES OF NAPLES TRACT A A TRACT OR PARCEL OF LAND SITUATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE 4 INCH SQUARE CONCRETE MONUMENT REFERENCED IN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFIED CORNER RECORD NUMBER 84343 MARKING THE EAST ONE QUARTER CORNER OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE ALONG THE EAST-WEST ONE QUARTER SECTION LINE OF SAID SECTION 23, SAID LINE BEING THE BASIS: f + ) IS DESCRIPTION, s ,' de' rlL S. 89° 0I' 58" W., FOR 30. 03 FEET • s ` ON -;' 4; l' : WESTERLY RIGHT OF WAY LINE OF BENFIELD RO CM- THE POINT OF : .:.' NING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING • s I. s/' ii '` %)" • 0 T i ;;' SECTION LINE, S. 89° 01' 58" W., FOR 1, 298. 4: :. 1 i j' % ! ;" .,. At. '' CAP . LB 6990 MARKING THE NORTHEA ! o RNER OF THE~!; ` t- ! . NE QUARTER OF THE SOUTHEAST ONE QUARTEb.AID SECTION ,*+` '' i,:l,M ALONG THE EAST, SOUTH AND WEST LINES 0 441,11%,ORMEAST 0A TER OF THE NORTHWEST ONE QUARTER 0 i. 0- !, t rar 1., •. QUARTER THE FOLLOWING THREE( 3) COURSES: CO'''- 1. THENCE S. 01° 18' 52" W., FOR 679. 65 FEET TO A 5/ 8" IRON ROD WITH CAP LB 6990 MARKING THE SOUTHEAST CORNER OF SAID NORTHWEST ONE QUARTER; 2. THENCE S. 89° 22' 00" W., FOR 663. 28 FEET TO A 5/ 8" IRON ROD WITH CAP LB 6990 MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST ONE QUARTER; 3. THENCE N.01° 14'3 8" E., FOR 675. 75 FEET TO A 5/ 8" IRON ROD WITH CAP LB 6990 MARKING THE NORTHWEST CORNER OF SAID NORTHWEST ONE QUARTER AND A POINT ON SAID EAST-WEST ONE QUARTER SECTION LINE; THENCE ALONG SAID EAST- WEST ONE QUARTER SECTION LINE S. 89° 01' 58" W., FOR 664. 251;TI TO A 5/ 8" IRON ROD WITH CAP LB 6990 MARKING THE CENTER OF SAID SECTION 23; THENCE CONTINUING ALONG SAID EAST-WEST ONE QUARTER SECTION LINE S. 89° 01' 58" W., FOR 627. 16 FEET TO A 5/ 8" IRON ROD MARKING THE SOUTHWEST CORNER OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE ALONG THE WEST LINE OF SAID EAST HALF N.01° 01' 15" E., FOR 1, 699. 99 FEET TO A 5/ 8" IRON ROD; THENCE S. 88° 58'45" E., FOR 445. 48 FEET; Page 44 of 79 Page 546 of 6529OR 4938 PG 2436411 THENCE N.01° 01' 15" E., FOR 400.00 FEET; THENCE S. 88° 58'45" E., FOR 151. 77 FEET; THENCE N.01° 01' 15" E., FOR 457. 04 FEET TO A POINT ON THE FUTURE SOUTHERLY RIGHT OF WAY LINE FOR RATTLESNAKE HAMMOCK ROAD EXTENSION AND A POINT ON A CURVE; THENCE ALONG SAID FUTURE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING SIX( 6) COURSES: 1. THENCE EASTERLY 268. 58 FEET ALONG THE ARC OF A NON- TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 949. 00 FEET THROUGH A CENTRAL ANGLE OF 16° 12' 55" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.82° 44' 27" E. FOR 267. 68 FEET TO A POINT OF REVERSE CURVATURE; 2. THENCE EASTERLY 297. 08 FEET ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 600. 00 FEET THROUGH A CENTRAL ANGLE OF 28° 22'07" AND BEING SUBTENDED BY A CHORD WHICH BEARS N. 88° 49'03" E. FOR 294. 05 FEET TO A POINT OF COMP!': T ' II, t:laf; 3. THENCE EASTERLY 211. 21 •$ : c • 10 ' t V" A COMPOUND CURVE TO THE RIGHT HAVING A RAD la ' o 1, 040. 00 FEET ' * I • A CENTRAL ANGLE OF 11° 38' 09" AND BEING SUB r.i n a ;_ A ' : ' i 1 t ER - ' S. 71° 10' 49" E. FOR 210. 84 FEET TO A POINT • ' ' '' -'' 6 t iu` • Nk 4. THENCE EASTERLY 54•. 8, air c E CURVE TO THE LEFT HAVING A ' . ' • t R; . a- ' t' i c ! : I ANGLE OF 4. N. 27° 00' 44" AND BEING SUB : 44" ED BY A CHO' , ' t tt ' S. 78° 52' 07" E. FOR 541. 84 FEET; 1' Q 5. THENCE N. 87° 3731" E., FO' FEET TO A PO 1 • • ' ' VATURE; 6. THENCE SOUTHEASTERLY '# + * • • C OF A TANGENTIAL CURVE TO THE RIGHT HAVING A ' 11t- L. al i+ e: EET THROUGH A CEN t KAL ANGLE OF 90° 5T22" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 46° 53' 48" E. FOR 71. 30 FEET TO A POINT ON THE FUTURE WESTERLY RIGHT OF WAY LINE OF BENFIELD ROAD AND A POINT OF REVERSE CURVATURE; THENCE ALONG SAID FUTURE WESTERLY RIGHT OF WAY LINE THE FOLLOWING FOUR( 4) COURSES: 1. THENCE SOUTHEASTERLY 955. 48 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 1, 160. 00 FEET THROUGH A CENTRAL ANGLE OF 47° 11' 39" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 25° 00'56" E. FOR 928.70 FEET; 2. THENCE S.48° 36'46" E., FOR 641. 57 FEET TO A POINT OF CURVATURE; 3. THENCE SOUTHEASTERLY 909. 05 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1, 040. 00 FEET THROUGH A CENTRAL ANGLE OF 50° 04'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS S. 23° 34' 19" E. FOR 880.38 FEET; 4. THENCE S.01° 28' 07" W., FOR 239.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. Page 45 of 79 Page 547 of 6529 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation# 1 seeks relief from LDC Subsection 6. 06.01. B, related to streets in subdivisions, that requires subdivisions to have platted road rights- of-way for streets, to allow private streets to be provided by separate access easements rather than platted road rights- of way. Deviation# 2 seeks relief from LDC Section 5. 04. 04. B. 5. c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development. Deviation # 3 seeks relief from LDC Section 5. 06.02 to allow " boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for" boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5. 06. 02B. 6. b. Deviation# 4 seeks relief from LDC Section 5. 03. 02. C. 2. that limits fence or wall heights to six ( 6') feet, to allow fences or walls to be no greater than eight( 8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm, or wall/ berm combination. Deviation # 5 seeks relief from LDC Sections 4. 02. 13 G., and 4. 06. 02 CS., that requires a six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof will not be required on the Business Park Tract along the frontage of Lord' s Way. Deviation # 6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5. 06. 02 B. 2., that would be erected off-site from the Residential Tract, in the Commercial Tract. Deviation # 7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and/ or a new sign can be permitted in Tract C. Deviation# 8 seeks relief from LDC Section 5. 05. 04 D. 1. that limits care unit Floor Area Ratio( FAR) to 0. 45, to allow a care unit FAR of 0. 60. Deviation # 9 seeks relief from LDC Section 5. 06. 02. B. 6, which allows two ( 2) ground or wall signs per entrance to a residential development with a maximum height of 8 feet, to allow for one ( 1) ground sign with a maximum height of 13 feet at the entrance to Esplanade at Hacienda Lakes as shown on Attachment E- 2, Esplanade at Hacienda Lakes Entry Sign Location Map. fHEX 2014- 181 Deviation # 10 seeks relief from LDC Section 5. 06. 02. B. 6, which allows for a maximum height of 8 feet for residential entry signs, to allow for a maximum sign height of 10 feet for residential entry signage at Azure at Hacienda Lakes as depicted on Exhibit E- 3, Azure at Hacienda Lakes Primary Sign Plan Elevation Exhibit, Sheet 1 of 3, attached hereto. IHEX 2016- 201 Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 46 of 79 Page 548 of 6529Deviation # 11 seeks relief from LDC Section 5. 06.02.B. 6. b, which permits two ( 2) ground or wall signs per entrance to the development with a combined sign area of 64 square feet, to allow for one ( 1) total ground or wall sign with a maximum sign area of 80 square feet at the entrance to the Azure at Hacienda Lakes as depicted on Exhibit E- 3, Azure at Hacienda Lakes Primary Sign Plan Elevation Exhibit, Sheet 1 of 3, attached hereto. [ HEX 2016-201 Deviation# 12 seeks relief from LDC Section 6. 06. 01. J, which prohibits dead- end streets, to allow one( 1) dead- end street at the terminus of a local street within the Azure at Hacienda Lakes residential development, as depicted on Exhibit E- 3, Sign Location Map, Sheet 3 of 3, attached hereto.[ HEX 2016- 201 Deviation # 13 seeks relief from LDC Section 4. 05. 02. F, which requires that off-street parking must be arranged so that no motor vehicles have to back onto any street, excluding single- family and two- family residential dwellings and churches, to allow for back out parking from the proposed off-street parking for multi- family dwellings within the Azure at Hacienda Lakes residential development, as depicted on Exhibit B- 2, attached hereto. [ HEX 2016- 20] Deviation # 14 seeks relief from LDC Section 5. 06. 02. B. 6, which allows for a maximum height of 8 feet for residential entry signs, to allow for a maximum sign height of 12 feet for residential entry signage at Hacienda Lakes— North Area as depicted on Exhibit E- 4, Hacienda Lakes — North Area Sign Deviation Exhibit, Sheet 2 of 2, attached hereto. Deviation # 15 seeks relief from LDC Section 5. 06.02. B. 6. b, which permits two ( 2) ground or wall signs per entrance to the development with a combined sign area of 64 square feet, to allow for two ( 2) ground or wall signs that are 64 square feet each. which include signage for each of the residential developments which share access to Collier Boulevard at the entrance to the Hacienda Lakes — North Area, as depicted on Exhibit E- 4, Hacienda Lakes— North Area Sign Deviation Exhibit, Sheet 1 of 2, attached hereto. This deviation is subject to conditions that secondary signage is specifically for the two " R" Tract properties labeled " Future Development" that are immediately fronting and adjacent to the intersection of the entry road with Collier Boulevard, and no other signage for these two " R" Tract properties is permitted facing Collier Boulevard. Deviation # 16 seeks relief from LDC Section 5. 06. 02. B. 14, which allows boundary marker signs to be a maximum of 24 square feet to allow for two boundary marker signs with a maximum of 32 square feet at the Hacienda Lakes— North Area, as depicted on Ex hibit E- 4, Hacienda Lakes— North Area Sign Deviation Exhibit, Sheet 1 of 2, attached hereto. Deviation # 17 seeks relief from LDC Section 6. 06. 01. J, which prohibits dead- end streets except when designed as a cul- de- sac, to allow one ( 1) dead- end street at the terminus of a local street within the Hacienda Lakes— North Area residential development, as depicted on Exhibit E- 4, Hacienda Lakes— North Area Sign Deviation Exhibit, Sheet 1 of 2, attached hereto. Deviation # 18 seeks relief from LDC Section 4. 06. 02, which requires landscape buffers to separate developments, to allow for no buffer along the northern PUD boundary in either or both of the following circumstances: 1) West of the FPL easement if the abutting properties are rezoned or amended to provide for a unified development plan of the northern property ( currently Agriculture- zoned property) and the Hacienda Lakes - North Area properties prior to approval of an SDP or PPL; 2) East of the FPL easement if the abutting property to the north ( currently Willow Run RPUD) is rezoned to provide for no adjacent buffer, as depicted on Exhibit C- 2, attached hereto. Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 47 of 79 Page 549 of 6529Deviation# 19 seeks relief from LDC Section 5. 03. 02. C.2, which permits a maximum fence/ wall height of 6 feet in residential zoning districts, to instead allow for a decorative wall with maximum height of 14 feet in the location shown on Exhibit C- 2, attached hereto. Hacienda Lakes MPUD Words strrek—threugh are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 48 of 79 Page 550 of 6529Approved by HEX Decision 2014- 18 ATTACHMENT E- 1 ESPLANADE AT HACIENDA LAKES PROJECT LOCATION MAP PDI- PL2014- 0000973 r f { NORTH 7 t f\7, it e 1 1 ENTRY SIGN f 111 ' PROJECTS ' DRI c SITE ,, BOUNDARYr 1. MI/ USN 4. 7/ I 1 44/ I I— ET: I P > 1r ol {:,.___ s L i 1_1;5"-' 1 I f— Exhibit B Page 3 of 4 Page 551 of 6529 Approved by HEX Decision 2014- 18 ATTACHMENT E. 2 ESPLANADE AT HACIENDA LAKES ENTRY SIGN LOCATION MAP PDI- PL2014- 0000973 ENTRY SIGN RATTLESNAKE HAMMOCK RD r-~ : C il 4". d` I : K."' r----r— ____:_•.......---\\)ilfro. , _ flk r "..."" .._ Yu In•....., — t-"'- : JUG - `` I f- a 1 fr 1 1 7- Exhibit B 4 , cage. f 4 k Page 552 of 6529 Exhibit " 1" Approved HEX Decision 2016- 20 by Page 5of7 nIIV. i a AO 1. 1331.19 M. C. O IVEt t../ 1901141E1 VI I1. II 7s.. s tu+.. LwP ICarBSYCMORN J1I SOW UM• Nm. AMC VIDAR e. 1e cJ a7 1Cl.tiLQ VQ RU• 1• IO. I. I 1 xOd aa8VVdaxd 9N11133N19N31 lI d w. my. aaravn.. iv an uvx+uw, vanm+ i 1 4 1 V/ Si I I NOLtVA313' V NV- Id NOIS AIII.N3 AVVWfad- E 30 1133HS' E- 3118I1-1X3- S3AV' 1 VQN3IDVH IN 3Nf1ZV 911,131011.400 A1Nf103 ONV 1N3l3lI3d Q331A311 BItCVC 61N311 W00 ALN/ 100( INV 1N3f10) 213d 0360.9t1 BLitt 12 V_ 9II1121« CRI HAMS, 00A3L1 SNOISIATA N 1J 0 1 I} 4. 4\, i E.—, w a V- 111 M I w I x 4 w 4.) E i iS' i 7 a. 1. 9 c L _ ii' g' E 6 Ia i x U8 1 0 1 19hgruBIS- eseBSI- EO l09 meu. ld A+eirt0111g14x3 9011e1Ae0 AS Nita I03-00. 9 LS; 39914' 9-9BulMai0119reue., 7( eae 901—. e)1el BPtepeH) 00.919%;r Page 553 of 6529 no ..,. Os* Exhibit " 1" Approved HEX Decision 2016- 20 by Page6of7 NORTH ESPLANADE AT HACIENDA 3 LAKES s T - PROJECT 4_, LOCATION RATTL HAMMOC I CR- b4 DR I r--- BOUNDARY, 1 PROPOSED I BEhFIELD ROWi iilt`.a.,:" SidAL PAL; I RD 1 r, t 8 L , 9 i HUe I 7. EXHIBIT E- 3, SHEET 2 OF 3 3 AZURE AT HACIENDA LAKES EXHIBIT LOCATION MAP WALDROP I: cm" CI" MCan[ a" vnsauwnww" w PREPARED FOR: SECTION: TOWNSHIP. RANGE: ' I_ ENGINEERING cna EN 0°' 0 M» lvwc ri" ao urtauv 14, 24 26E I 0I TOLL BROTHERS. 23 SOS COLLIER COUNTY, FLORIDA AMERICAS LUXURY HOME BUILDER WOOA a a ws• t aee IOWA VIM'. R SI 1 28 FILE NAME: SI801 EOSOi. dwg g1yµ0y7m FyMoy nun, h SHEET: 3 OF 4 Page 554 of 6529 1- ,,,, WA ', e Ai ' 4 s. Approved by HEX Decision 2016- 20 Exhibit" 1" 4 4o, 1 Fill 1117 ° U 1" 1 . 11111111r Z"' itOs il ill 11111h1 t m 0 41 L 0., 1 CL w 0 Ot eni... 1 aJ g e > .,,,- 2 \ itt in _ III 11111." os S At•4 ik urn irt > Mt A.. N N I - < c,33 1 ki 5 ' 7 . 4s.)::,%:.,..,-(0 .., -,„, .. . 0, .. .:. * i . , 1, r.: < ,.. p ,,,,0. ;.., g as et t e' f,:.i.' ,(...‘‘,.: ei ,, . 9 0--,4/ . t , , rm ,....:,-,4. / • . ii 4! w >- z-, kiitiiik, co < o 1... o m f - '''-., • X ° Ll• E2 W R rrei. 2 Z 1. 14 E 0 ' a. U) fr-3 yz WV ESL 9111MAI Mir tOiriCOLOWAdl... 7611. 41. 0.. 1 all mormiromwriwomoomno(. 041P1 917vr Page 555 of 6529 n A I, i N 1 r I iI BOUNDARY PROPERTY BOUNDARY. TYPICAL j MARKER i ( 32 SF) FUTURE EVELO PMENT 1. oc. - ., \\ i ENTRY , SIGN i t , L_--, . d PROPOSED tt ENTRY ACCESS S F E' SIGN IARE3 ' EASEMENT 84 SF) 1p LAKE I LAKE 1 \_ ( AMENITY I I i FUTURE r PROPOSED 6i ''' DEVELOPMENT_ II CENTER pI DEAD- END yy t l I. BOUNDA(( l 1 -- --_ I _ S(MAX? 150') MARKER SF) 1 LAKE. LAKEi LAKE. TT lM WALUROP J_ _ ENGINEERING HACIgLTALAKES FUTURE NORTH AREA ROAD CONECTION ....,.. PREPARED FOR: EXHIBIT E- 4, HACIENDA LAKES- NORTH AREA SIGN DEVIATION EXHIBIT, SHEET I OF 2 Page 556 of 6529 38' ACCENT WALL( SUM•& ONE) 20' TOTAL SIGN AREAA: 8/4. SF PRiMARv: : 2) SECONOMYNNAE1]! F) ACCENT- WALL ORPLANTER AIL//// 1HACIENDA1 10• L NORTH J SECONDARY NAME 12' SECONDARY NAME L J 22 12' SIGN ACCENT WALL SIGN AREA 32 SF r 1 HACIENDAi- WALL OR I NORTH PUNTER L_ J 1r IA1 WALDROP t ENGINEERING HACIENDA LAKES NORTH AREA ermakiegimmmag 15' PREPARED FOR: I t Brothers It 1! EXHIBIT E- 4, HACIENDA LAKES- NORTH AREA SIGN DEVIATION EXHIBIT, SHEET 2 OF 2 =,t, ---: Page 557 of 6529 EXHIBIT F LIST OF OWNER COMMITMENTS For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of Naples, LLC, its successors, and/ or assigns. The owner commitments below shall not be enforceable upon Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc. I LEGAL A. Access to Parcel" A", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via a new roadway easement from Owner that shall be recorded in the public records of Collier County, and shall run in a north- south direction from the existing thirty-foot roadway easement recorded in O. R. Book 857, Page 1800. This easement shall be recorded within 90- days of approval of this PUD. B. Access to Parcel " B", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via the existing roadway and ingress/ egress easements recorded in O. R. Book 271, Page 505, O. R. Book 622, Page 1609, O. R. Book 245, Page 124, and O. R. Book 287, Page 18. C. No existing public access/ roadway easements shall be vacated to preclude access to off-site private and public lands without providing replacement access easements. This new roadway easement shall be equivalent to the existing easement and shall be recorded concurrently with the vacation. II ENVIRONMENTAL A. Native vegetation shall be preserved in this MPUD in accordance with the table below: Hacienda Lakes Native Preserve Summary Description Total Urban( ac) Rural( ac) Project Area 2262. 14 625. 07 1637. 07 On- Site Native Vegetation 1721. 97 295. 38 1426. 59 Less the Native Veg Within Rattlesnake Hammock Ext. 2. 02 2. 02 0. 00 Less the Native Veg Within The Lords Way Ext. 0. 42 0. 42 0. 00 Less the Native Veg Within the Benfield Road Corridor 12. 91 5. 01 7. 90 Less the Native Veg Within Archaeological Preserves 6. 07 1. 06 5. 02 Native Vegetation For Requirement Calculations 1700. 54 286. 87 1413. 67 Percentage for required Native Preserve 25% Required Native Vegetation* 921. 09 71. 71 849. 38 Preserved Native Vegetation ** 1395. 35 40. 81 1352. 57 Compensating Native Preserve( 2x URF Deficit)" 61. 80 Total Preserve Area 1544. 14 53. 06 1491. 08 Hacienda Lakes, PUDZ- 2006- AR- 10146 BCC Approved 10/ 25/ 11 Page 56 of 79 Page 558 of 6529 Native Preserve Requirement ( LOC Subsection 2. 05. 02. B. 2. g. ii.) of 90% within the RFMUD Sending Lands exceeds 60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall be the required Rural native vegetation area. Compliance with LOC Subsection 3. 05. 07 H. 1. a., requires native vegetation planting enhancement of a minimum of 12. 24 acres of the project' s URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the adopted GMP amendment. B. A Wetland Mitigation/ Monitoring plan is to be submitted once approved from SFWMD, for County review. C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan accepted by Collier County as contained in the Environmental Impact Statement. D. An updated listed species survey for the future development areas shall be submitted prior to the next development order approval. E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to the first preliminary acceptance. III ENGINEERING A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/ 951 over the Henderson Creek Canal. IV ARCHAEOLOGICAL and HISTORIC RESOURCES A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP, Archaeological Preserve on Sheets 3 - 12 in the MPUD Master Plan Set. These sites must remain undeveloped. A public access easement around the archaeological sites for potential digs and further study has been provided. Disturbance to these five protected archaeological sites may only occur with County approval and approval of the State Division of Historical Resources, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. B. Historical/ archeological areas are not used to meet preserve requirements because if an archaeological dig is required, then native vegetation would have to be removed. V EMERGENCY MEDICAL SERVICES A. In order to mitigate for the project impacts and demand on Emergency Medical Services EMS), the developer shall provide a one acre parcel to Collier County. This public facility site is identified as " PF" on the MPUD Master Plan ( Exhibit C). The dedication of the one acre site shall be by deed to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. The valuation of the one acre site dedication has been determined to be $ 30, 000 per acre, for the purposes of the Emergency Medical Services Impact Fee credit, and the conveyance shall occur no later than at the time the 500th residential unit is included in a development order request ( site development plan, or plat), subsequent to the adoption of the DRI Development Order. If Owner conveys to County mitigated land for the real property conveyances described in this paragraph, then Owner shall be entitled to an EMS impact fee credit for the value of the Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 57 of 79 BCC Approved 10/ 25/ I 1 Page 559 of 6529 mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify this cost. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project' s mitigation. State and Federal mitigation does not include County required mitigation. In lieu of EMS impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County- owned State or Federal panther and wetlands credits equal to the value of the EMS impact fee credits calculated pursuant to this paragraph. VI TRANSPORTATION For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord' s Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA The Owner shall construct ( here forward to mean " constructed to meet minimum County requirements for acceptance"), at its sole expense without road impact fee credits, the initial two lanes ( south side) of Rattlesnake Hammock Road Extension from C. R. 951 to Florida Power Line Easement( approximately 0. 25 miles). In addition, the Owner shall construct the Collier Boulevard/ Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure 1, below. Upon completion ( here forward to mean " completed construction to County minimum requirements, and reserved for future conveyance to the County at the County' s request.") of all of such improvements, the Owner shall be allowed to develop up to 327, 500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1, 409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 58 of 79 BCC Approved 10/ 25/ 11 Page 560 of 6529 Figure 1- Hacienda lakes DRI- Commitment I Wand v Existing Lanes/ Turn Lanes t Lanes/ Turn Lanes tote Constructed/ Reconstructed Roadway Segment to be Constructed i Potential Areas to be Developed T, y***.'h p i it at 7 11tttr 1 Rattlesnake Hammock Road tension I r, ' . Residenwl it y .`,.. ii illb \ j t 4 1 Florida Power Line Easement II. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds ( approximately 0. 25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of Such itttp' oventcnt, the- Owner- shall be allowed to--develop- the- following additional land uses: 20, 000 Square Feet of General Office, and; 50, 000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327, 500 Square Feet of Retail ( if applicable pursuant to Commitment 1), and; Remaining portion of Residential Pod A ( if applicable pursuant to Commitment I), and; Required residential uses within Activity Center land use; Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 59 of 79 Approved CCPC Consent- Rev. 09/ 15/ I 1 Page 561 of 6529 These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2, below. Figure 2— Hacienda Lakes DIG• Commitment II 11. lettag Existing Lanes/ Turn 12111 ii lanes/ Turn Lanesto be Constructed/ Reconstructed 1 t l' wax.. Roadway Segment Previously Constructed Roadway Segment to be Constructed r---1 Area Previously Developed Area to be Developed 3 Potential Area to be Developed 4. ,__ . Nt,,,.. it i r I* Y 41' 1 1ttte r i Rattlesnake Hammock R• . ension J Residential ; .' t • Pod 111 se 1 Florida Power line Easement HI. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time Hacienda Lakes, PUDZ- 2006- AR- 1 0 1 46 Page 60 of 79 Approved CCPC Consent— Rev. 09/ 15/ 11 Page 562 of 6529 of construction, and shall include the fair market value of the land or easement when the Owner conveys the road right of way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $ 30, 000 per acre. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent( 50%) of the cost of this improvement is deemed a site- related improvement. Figure 3— Hacienda Lakes DRI- Commitment NI 6. Wand Existing Lanes/ Turn Lanes 1 to Lanes/ Turn Lanes to be Constructed/ Reconstructed 1 Roadway Segment Previously Constructed y Roadway Segment to be Constructed r' l_ Area Previously Developed Area to be Developed 0 ILtsiR7? lf r AU L' i STOP ! 11r s' Rattlesnake Hammock Ro • ension i y i• j' 2 u ` Residential y l 4 Residential Pod B I PodA P Florida Power Line Easement NORTH AREA IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C. R. 951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C ( not to exceed 300 PM peak hour trips at the connection to C. R. 951). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Hacienda Lakes, PUDZ- 2006- A R- 1 0 146 Page 61 of 79 Approved CCPC Consent— Rev. 09/ 15/ 11 Page 563 of 6529 Figure 4— Hacienda Lakes DRI- Commitment IV P Residential PodC 2"": 1 int" . r : 77s t Florida r : Power Line Easement Rattlesnake Hammock R• erasion N. ti Residential '. Residential - Pod B i pod A .. Imand Existing Lanes/ Turn Lanes t lanes/ Turn Lanes to be Constructed/ Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed jJ Area Previously Developed Area to be Developed V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord' s Way from C. R.951 to Florida Power Line Easement and construct the extension of The Lord' s Way from Florida Power Line Easement to the west entrance to the Business Park with a two lane undivided cross section. In addition, when the Collier Boulevard at The Lord' s Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area ( east and west of C. R. 951) and at no cost to Collier County and without road impact fee credits. These improvements are site- related improvements. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: Business Park, and; Residential Pod D. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 62 of 79 Approved CCPC Consent— Rev. 09/ 15/ 11 Page 564 of 6529 These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5, below. I Figure S- Madenda Lakes DRI- Commitment V I Florida Power line Easement ential a \ dC v i Residential 044.Ia ip.. Pod 0 l Thelord' s Wa _ 011ie* li: 1' 1 r '"•• l c' Rattlesnake ; mockR i ,, f- -' ti y1 i. ti Residential \ '; t \ 1 P. Residential Pod B 1 PodA ,. I * r 111, Existing Lanes/ Turn Lanes t lanes/ Tum lanes to be Constructed/ Reconstructed s. Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed 0 Area to be Developed a" When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord' s Way Extension from the west entrance to the Business Park/ School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way up to a width of 60 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County which has been determined to be $ 30, 000 per acre. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord' s Way is not deemed necessary ( through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired.___. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 63 of 79 Approved CCPC Consent— Rev. 09/ 15/ 1 l Page 565 of 6529 BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right of way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County' s right of way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall convey to the County a road easement for the road right of way needed for this section of Benfield Road up to a width of 120 feet, free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for 100% of the increase in cost resulting from the construction of the road according to County Standards ( arterial) instead of as a local subdivision road. The fair market value of 50% of the conveyance of the road right of way easement to the County has been determined to be $ 30, 000 per acre. Fifty percent 50%) of the fair market value of the road right of way easement and the total cost of the improvements are site- related improvements. The Cost of this improvement will be determined at the time of construction. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Residential Pod E. These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6, below. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 64 of 79 BCC Approved 10/ 25/ I 1 Page 566 of 6529 F — Hacienda DRI• Commitment VI Florida Power Line Easement Resldendal Pod y'. Rnidetkial k. .-,,, 4 a Pod 0 ift h , r Residenial Pod E Mt lord' s W s T.. Rattlesnake Hammock Ito • a tO r s & + N Residential Resldentlai Pod d ' A i z .+'* Pad A ` e Existing Lanes/ rum Lanes unes/ Twn Lanes to be Comtructed/ Raconstrutted Roadway Sepnent Prevwusly Constructed Roadway Sett/ twin to be Constructed Al ea Previously oeveeoped 4ea to be Developed VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right of way to Collier County by road easement for Benfield Road on areas not to be built by Owner up to a width of 120 feet, free and clear of all liens and encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The value of the right of way has been determined to be $ 30, 000 per acre. The area to be conveyed is depicted in Figure 7, below, Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 65 of 79 Approved CCPC Consent— Rev. 09/ 15/ I 1 Page 567 of 6529 Hews 7- Madenda Lairs ORR- Commitment VW Florida Power Line Easement ReltidaRtisl Pod C s iar• 9:40.;) Pod um.. oittiy• Jews, sessionalses ionalPodE Thettxd' s Way I Ratdesnalir Hxnmock anetcts t 4 L r•_ .. Air rJE3a•' S+ Reside/ SW Apo.: S ` y y Retadenttaly ti.. Pod tl p, a Pod A c ter.,, Nu- le FsntirgLanes/ TumLanes L Lanes/ Turn Lanes to be Camtnxted/ Reconstructe0 Roadway Segment liveaousty Constructed Rat d Way to be P Tr, e. ved Area. tessousty lkaMoPed Area to be Uevetapd r . VIII. Benfield Road South of Sabal Palm Road: the Owner shall convey by road easement to the County the right of way needed for the future construction of Benfield Road south of Saba! Palm Road ( approximately 1. 00 mile) up to a width of 120 feet free and clear of all liens and encumbrances and at no expense to the County. In addition, the Owner shall receive no impact fee credits for such right of way conveyance. This is a site- related improvement. The area to be dedicated is depicted in Figure 8, below. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 66 of 79 Approved CCPC Consent— Rev. 09/ 15/ 11 Page 568 of 6529 Figure 8- Hacienda Lakes DRI• Commitment VIII Florida Power Line I Easement i is'+ ' - i 25+a Y M J wand Right of Way to be Dedicated IX. As a part of its State and Federal permits, the Owner shall pay for mitigation required for State and or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall at no cost to County either: ( 1) Convey drainage easement( s) to the County for their stormwater management facility needs free and clear of all liens and encumbrances, or 2) agree to accept stormwater from Benfield Road into the Project' s stormwater management system. These are site- related contributions. X. At two thresholds during construction of this DRI, the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner' s contribution to the County' s public road network against the DRI' s proportionate share, ( as defined in the State of Florida' s HB 7207) of which this DRI impacts County and State road segments. If Owner' s contribution is less than its impact based on the transportation analysis, then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of all road impact fees paid to date, the costs of the non site- related transportation Lakes, PUDZ- 2006- AR- 0 146 Hacienda 1 Page 67 of 79 Approved CCPC Consent— Rev. 09/ 15/ 11 Page 569 of 6529 improvements ( those receiving road impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the value of any road right-of-way conveyance by donation to the County unless otherwise calculated as an impact fee credit. The first transportation analysis shall be submitted to the County when 33% of approved development trips ( 1, 109 total gross trips) have been permitted based on building permit issuance, without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved development trips ( 2, 219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the annual PUD monitoring report, Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required by this paragraph and any payments due have been delivered to County, unless the BCC grants an extension. XI. Prior to the issuance of a certificate of occupancy for the first 75, 000 square feet of retail land uses, the Owner shall construct, at its sole expense, a Collier Area Transit ( CAT) stop/ shelter fronting the Commercial Tract C that shall include a 10' x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three ( 3) bike racks. Owner shall be responsible for maintenance of the bus stop/ shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site- related contribution. XII. Prior to the issuance of a certificate of occupancy for the first 70, 000 square feet of business park land uses, or prior to the issuance of a certificate of occupancy for a school or educational facility in the Business Park Tract, the Owner shall construct, at its sole expense, a Collier Area Transit ( CAT) stop/ shelter fronting the Business Park Tract BP that shall include a 10' x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three ( 3) bike racks. Owner shall be responsible for maintenance of the bus stop/ shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site- related contribution. XIII. DRI traffic studies identified an off-site impact at the interchange of I- 75 and S. R. 951 Ramps Intersection, specifically in the left- turn movement serving the northbound S. R. 951 to westbound( northbound) I- 75 turning movement. Assessments of this operation in 2011 indicate that changes to lane usage and signage could augment the acceptable operation of the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant ( exceeds five percent of service volume) at this location at 46. 2 percent of site traffic generation. When the first transportation analysis required under subsection X above is undertaken( e. g. at 33 percent of site traffic generation), the existing traffic flow and level of service at this location will be reviewed and projected to the build- out of the DRI. If the 2011 operational assessment is confirmed and the intersection is, or will be, operating at an unacceptable level of service as determined by County or FDOT, then the Developer will identify a solution to offset its impacts and/ or restore acceptable operating conditions, and contribute its proportionate share, per subsection X above, of the cost of the improvement to the appropriate government agency. If a proportionate share payment is identified as needed, the owner shall receive road impact fee credits for 100 percent of this contribution. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 68 of 79 BCC Approved 10/ 25/ 1 t Page 570 of 6529 XIV. If Owner conveys to County mitigated land for the real property conveyances that are eligible for impact fee credits described in Subsections III, V, VI and VII of this Article VI, Transportation, then Owner shall be entitled to a transportation impact fee credit for the value of the State and Federal environmental mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project' s mitigation. State and Federal mitigation does not include County required mitigation. Developer shall provide documentation acceptable to the County to verify this cost. In lieu of transportation impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County- owned State or Federal panther and wetlands credits equal to the value of the transportation impact fee credits calculated pursuant to this Subsection XIV. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 69 of 79 BCC Approved 10/ 25/ 11 Page 571 of 6529 1l Legend Land Use aCAT STOP/ SHELTER Attraction Tract Proposed CAT Route 4A& 4B Extension Business Park or School Existing CAT Route 4A 6 48 Commercial 0 o Existing CAT Facility 4A EN Preserve Tract ci W Existing CAT Facility 48 Public Facilities Tract( EMS) Route 7 Existing CAT Junior Deputy 2777 Proposed Pedestrian Facilities School 3 Existing Shared Use Path Residential Traci Project Boundary 7',; i Residential 1 Medical Use I Development Boundary Public ROW Reservation CC XISTING CAT ROUTE 7 iii TO " CO ISLAND) Proposed Access I II 111111. 1111b- ilk A . . Pedestrian Facilities Wilt Be Extended Along All DEVELOPER Internal Roads Even if Not Show PROPOSED CAT STOP/ SHELTER THE LORIYS WAY POTENTIAL CAT STOP/ SHELTER PROPOSED 4A& 46CAT ROUTE EXTENSION DEVELOPER Proposed PROPOSED Access CAT STOP/ SHELTER RATTLESNAKE PROP. RATTLESNAKE HAMMOCK r• HAMMOCK RD. EXT. V POTE AL CAT STOP/ S LTER 111 Mr I I _ r EXISTING I 1 CAT i ROUTE 4A i 1 Q W Pedestrl. acilltles Will Be ExtenQ• Along All RA Internal Roads E en If Not Shown EXISTIN' EXISTING I 1 EXISTING CAT CAT I ' CAT FAC TY FACILITY ROUTE 4A 4 VP) 4B( TYP) STATE 4B LANDS t I_ T c SOO 1000 Hacienda : kes Fne, j I, r ! i i. Master r. bility Plan 1 Prced 6Y: nrymee perPrint.; bale: Odd. e. 20I0 N Frio: T.% Pro l4U00A05 0150. 02, 03 NetlendrnMeltGulnuexcTTr. n10MP and 19 ipdated 08/ 27/ 20 lb Page 70 of 79 Page 572 of 6529 IIII Legend Land Use elCAT STOP/ SHELTER Attraction Tract Proposed CAT Route 4A& 4B Extension Business Park or School 4-- Existing CAT Route 4A& 40 Commercial m a Existing CAT Facility 4A Preserve Tract K II Existing CAT Facility 4B Public Facilities Tract( EMS) Existing CAT Route 7 Junior Deputy Proposed Pedestrian Facilities K II. School j Existing Shared Use Path Residential Tract W nProject Boundary Residential/ Medical Use O Development Public ROW Reservation CO n Boundary wW J 1\ EXISTING CAT 1 Proposed ROUTE 7 Access ( TO MARCO ISLAND) Pedestrian Facilities Will Be Extended Along All Access 41. Internal Roads Even if Not Shown Access Proposed14.1..........t........ DEVELOPER 164144 PROPOSED CAT STOP/ SHELTER HACIENDA LAKES PKWY t - e. I es l POTENTIAL 4 CAT STOP/SHELTER/ PROPOSED e 4A& 4B CAT ROUTE EXTENSION DEVELOPER Proposed PROPOSED Access CAT STOP/ SHELTER RATTLESNAKE PROP. RATTLESNAKE HAMMOCK-• HAMMOCK RD. EXT. 7; I I POTENTIAL li IF CAT STOP/ SHELTER EXISTING CAT IV EAU ROUTE 4A i A , I RQ Pedestri ecilltles Will Be Exten , Along All Q i*I* Internal Roads en If Not Shown EXISTING\ EXISTIN 1 EXISTING CAT CAT CAT FACILITY FACILITY ROUTE 4A 4A( TYP) 4B( TYP) STATE 4B LANDS 000 i.(100 ATA Hacienda Lakes noel y , rA Master Mobility Plan REVISED( 07120I2022) Prepared By: nReeee PrIMYq only ocbtn s. 2010 N Ode: FiPrel: 412005` as 0150. 02. 00 HarlmmrLxkxnA0ao0r. 0ZZ ira. IPAP. mad Page 71 of 79 Page 573 of 6529 VII PUBLIC UTILITIES A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is located within the Collier County Water-Sewer District Boundary; there are some areas of this project that currently are outside of the Collier County Water & Sewer District Boundary. The areas that are not part of Collier County Water- Sewer District also do not belong to any other Water-Sewer District. Since Public Utilities can provide service as requested by this project, Impact Fees will be applied to the entire area to be developed. B. The project shall connect to the CCWSD potable water system at a location to be determined by the CCWSD when capacity is available. C. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD, when capacity is available. D. This future development is located on the zone of the existing South Hawthorn Wellfield for the wellfield- SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well fields shall be followed. All well sites and pipeline easements located on and close to this development needs to be shown on all future site development plans, PPL or any other site plans applications. VIII PLANNING A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD, the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing of executed Limitation of Development Rights Agreement( s) shall occur for these same lands. B. A permanent conservation mechanism, including Limitation of Development Rights Agreement( s), [ shall] be attached/ applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first Site Development Plan ( SDP) for the Hacienda Lakes project. IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL DEVELOPMENT COMMITMENTS The following commitments shall only apply to the Attraction and Junior Deputy Tracts: General Provisions A. All motor racing shall normally be limited to weekends and holidays. No motor racing or practice will commence earlier than 9: 00 a. m. and all racing shall be completed no later than 1 1: 00 p. m. B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall be operated and maintained in accordance with accepted safe practices. For security and safety, access to the shooting and archery range areas shall be limited by fencing or other suitable barriers. Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 72 of 79 BCC Approved 10/ 25/ I 1 Page 574 of 6529 C. Fencing and/ or other suitable barriers will be provided on the site by the Owner for security, safety, and traffic control. Roadways and Traffic A. Roadways within the subject property shall be private roadways and shall be maintained by the Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted practices and as permitted by the County Engineer. B. For special events such as the Swamp Buggy races, and as deemed necessary by the County Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance road with CR 951 and Rattlesnake Hammock Road. Utilities and Service Facilities A. The potable water supply source for the project shall be the County regional water system ( now known as the Collier County Water Sewer District). B. Permanent sanitary facilities shall be provided for everyday use by administrative and other personnel. Treatment and disposal of wastewater from said facilities shall be by septic tank/ drainfield, or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/ or State regulatory agencies. C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable toilets ( provided by a licensed commercial service), or permanent restroom facilities, or both. Wastewater from any permanent facilities provided for spectator use shall be stored in a buried holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed commercial service; or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/ or State regulatory agencies. D. Onsite water well or wells may be constructed ( as permitted) for flooding of the Swamp Buggy track and other non- potable uses. X DEVELOPMENT OF REGIONAL IMPACT A. One entity ( hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close-out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD/ DRI commitments until close- out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner' s agreement to comply with the Commitments through the Managing Hacienda Lakes, PUDZ- 2006- AR- I0146 Page 73 of 79 BCC Approved 10/ 25/ 11 Page 575 of 6529 Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed- out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. CP\ I 0- CPS- 01024\ 119 Hacienda Lakes, PUDZ- 2006- AR- 10146 Page 74 of 79 BCC Approved 10/ 25/ 11 Page 576 of 6529 EXHIBIT HACIENDA LAKES PUD MASTER USE AND CONVERSION LIST I FOR SDP/ PLAT/ BUILDING PERMITS APPROVED USES including square footages) APPROVED RESIDENTIAL USES( SDP& PLAT& BUILDING PERMIT) TOTAL RESIDENTIAL MULTI- FAMILY SINGLE FAMILY MANDATED OR PROJECT DATE PERMIT# DISTRICT UNITS RESIDENTIAL RESIDENTIAL NON- MANDATED TOTAL NOTE: IF BUILDING DUPLEX ON ONE LOT, ADD SECOND UNIT AT BUILDING PERMIT APPROVED COMMERCIAL USES IN GROSS FLOOR AREA( SDPs) TOTAL TOTAL PROJECT DATE PERMIT# DISTRICT RETAIL OFFICE TOTAL BP HOTEL TOTAL Page 75 of 79 I of 5 Page 577 of 6529 APPROVED CONVERSIONS( SDPs& PLAT) FROM USE TO USE DATE PERMIT# QUANTITY) QUANTITY) FROM DISTRICT TO DISTRICT ATTACHMENTS: RESIDENTIAL WORKSHEET FOR EACH SDP/ PLAT/ BUILDING PERMIT COMMERCIAL WORKSHEET FOR EACH SDP Page76of79 2of5 Page 578 of 6529 HACIENDA LAKES PUD RESIDENTIAL WORKSHEET FOR EACH SDP/ PLAT/ BUILDING PERMIT TOTAL PROJECT RESIDENTIAL UNITS: 1, 760 [ UP TO 1, 232 MAY BE MULTI- FAMILY] MANDATED UNITS BY GMP 17 IN C DISTRICT 13 IN R/ MU FROM C 25 IN RMU 55 MANDATED RES UNITS NON- MANDATED UNITS: 1, 705 UNITS [ UP TO 1, 232 MAY BE MULTI- FAMILY IN ENTIRE PUD] REDUCED BY: 1. CARETAKER' S RESIDENCES IN ENTIRE PUD 2. UNITS USED FOR CONVERSION TO RV [ UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] 1 RES UNIT— 2. 73 RV UNITS 37 2. UNITS USED FOR CONVERSION TO SENIOR HOUSING [ UP TO 112. 50 RES UNITS FOR 450 SENIOR HOUSING UNITS IF DERIVED FROM RESIDENTIAL] 1 RES UNIT= 4 SENIOR HOUSING EXCEPT INDEPENDENT LIVING SINGLE FAMILY STYLE UNITS ARE 1 TO 1. AT SDP, DETERMINE WHICH MANDATED RES UNITS OR NON- MANDATED UNITS ARE MULTI- FAMILY AND WHICH ARE SINGLE FAMILY DISTRICTS THAT ALLOW RES: C DISTRICT: 17 RES UNITS ( MANDATED) R DISTRICT: RMU DISTRICT: 38 UNITS ( MANDATED) CONVERSIONS: TO RV IN RV DISTRICT: DEDUCT: UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] TO SENIOR HOUSING: DEDUCT UP TO 112. 50 IF RES UNITS ARE DERIVED FROM RESIDENTIAL.] TOTAL: 1, 760 Hacienda Lakes MPUD Words struck through are deleted; PL20210001791 Words underlined are added Last Revised: April 21, 2022 Page 77 of 79 Page 579 of 6529 HACIENDA LAKES PUD COMMERCIAL WORKSHEET FOR EACH SDP TOTAL PROJECT COMMERCIAL INTENSITY 327, 500 RETAIL IN GROSS FLOOR AREA: 70, 000 OFFICE 140, 000 BP 92, 000 HOTEL OF 135 ROOMS BP DISTRICT: A) _ 140, 000 SF OF GROSS FLOOR AREA OF BP USES; AND IF HOTEL BUILT HERE AND NOT IN C DISTRICT, ADD 92, 000 SF OF GROSS FLOOR AREA FOR HOTEL UP TO 135 ROOMS ( HOTEL CONVERSION DISAPPEARS) OR IF NO HOTEL IN BP & NO HOTEL IN C, ADD 60, 000 SF OF GROSS FLOOR AREA OF BP USES ( THIS IS HOTEL CONVERSION) OR B) PRIVATE OR PUBLIC SCHOOL UP TO 140, 000 SF OF GROSS FLOOR AREA EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) R/ MU DISTRICT: UP TO 50, 000 SF OF GROSS FLOOR AREA OF MEDICAL- RELATED USES ALL USES ARE OFFICE USES EXCEPT FOR DRUG STORES AND PROPRIETORY STORES ( GROUP 5912) WHICH IS RETAIL] CHECK APPROVED RETAIL IN TRACT C — CAN' T GO OVER 327, 500 SF OF GROSS FLOOR AREA OF RETAIL IN THE ENTIRE PUD] CHECK OFFICE IN TRACT C — CAN' T GO OVER 70, 000 SF OF GROSS FLOOR AREA IN ENTIRE PUD] TRACT C: 327, 500 SF OF GROSS FLOOR AREA OF RETAIL; 1. DEDUCT MEDICAL RETAIL APPROVED IN RMU 2. DEDUCT SF OF GROSS FLOOR AREA OF SENIOR HOUSING NOT DERIVED FROM RESIDENTIAL UNITS [ MAX 450 SENIOR HOUSING UNITS IN ENTIRE PUD] 4 5 of Page 78 of 79 Page 580 of 6529 3. UP TO 81, 875 SF OF GROSS FLOOR AREA OF RETAIL CAN BE CONVERTED TO OFFICE [= 25% OF TOTAL]; AND IF NO HOTEL IN BP& HOTEL CONVERSION NOT USED IN BP, ADD 92, 000 SF OF GROSS FLOOR AREA OF HOTEL UP TO 135 ROOMS; AND 70, 000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE USES 1. DEDUCT UP TO 50, 000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE IF APPROVED IN RMU DISTRICT CONVERSIONS IN TRACT C: UP TO 25% OF RETAIL CAN BE CONVERTED TO OFFICE [ UP TO 81, 875 SF] RETAIL TO OFFICE ON A ONE- TO- ONE BASIS [ UP TO 81, 875 SF] RETAIL TO SF SENIOR HOUSING ON A ONE- TO- ONE BASIS [ MAY HAVE 450 SENIOR HOUSING UNITS IN ENTIRE PUD] 5of5 Page 79 of 79 Page 581 of 6529 r F v ham- r 4 40 FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State May 31, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court Comptroller of Collier County 3329 Tamiami Trail E, Suite# 401 Naples, Florida 34112 Attention: Ann Jennejohn Dear Martha Vergara: Pursuant to the provisions of Section 125. 66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022- 18, which was filed in this office on May 27, 2022. Sincerely, Anya Owens Program Administrator ACO/ mas R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399- 0250 Telephone: ( 850) 245- 6270 Page 582 of 6529 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 6.06.01.B, related to streets in subdivisions, that requires subdivisions to have platted road rights- of-way for streets, to allow private streets to be provided by separate access easements rather than platted road rights-of-way. Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project but shall not exceed a total of 60 models for the entire MPUD development. Deviation #3 seeks relief from LDC Section 5.06.02 to allow " boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for " boundary markers" to be in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5.06.02B.6.b. Deviation #4 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated greater with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm, or wall/ berm combination. Deviation #5 seeks relief from LDC Sections 4.02.13.G., and 4.06.02.C.5., that requires a six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six-foot wall, or berm, or combination thereof will not be required on the Business Park Tract along the frontage of Lord' s Way. Deviation #6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section5.06.02.B.2., that would be erected off-site from the Residential Tract, in the Commercial Tract. Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock Road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and/or a new sign can be permitted in Tract C. Deviation #8 seeks relief from LDC Section 5.05.04.D.1. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60. Deviation #9 seeks relief from LDC Section 5.06.02.B.6, which allows two (2) ground or wall signs per entrance to a residential development with a maximum height of 8 feet, to allow for one (1) ground sign with a maximum height of 13 feet at the entrance to Esplanade at Hacienda Lakes as shown on Attachment E- 2, Esplanade at Hacienda Lakes Entry Sign Location Map. Deviation #10 seeks relief from LDC Section 5.06.02.B.6, which allows for a maximum height of 8 feet for residential entry signs, to allow for a maximum sign height of 10 feet for residential entry signage at Azure at Hacienda Lakes as depicted on Exhibit E- 3, Azure at Hacienda Lakes Primary Sign Plan Elevation Exhibit, Sheet 1 of 3, attached hereto. June 11, 2025 Page 1 of 3 PL20240011559 Page 583 of 6529 Deviation #11 seeks relief from LDC Section 5.06.02.B.6.b, which permits two ( 2) ground or wall signs per entrance to the development with a combined sign area of 64 square feet, to allow for one ( 1) total ground or wall sign with a maximum sign area of 80 square feet at the entrance to the Azure at Hacienda Lakes as depicted on Exhibit E- 3, Azure at Hacienda Lakes Primary Sign Plan Elevation Exhibit, Sheet 1 of 3, attached hereto. Deviation #12 seeks relief from LDC Section 6.06.01.J, which prohibits dead-end streets, to allow one (1) dead-end street at the terminus of a local street within the Azure at Hacienda Lakes residential development, as depicted on Exhibit E-3, Sign Location Map, Sheet 3 of 3, attached hereto. Deviation #13 seeks relief from LDC Section 4.05.02.F, which requires that off-street parking must be arranged so that no motor vehicles have to back onto any street, excluding single- family and two- family residential dwellings and churches, to allow for back out parking from the proposed off-street parking for multi-family dwellings within the Azure at Hacienda Lakes residential development, as depicted on Exhibit B-2, attached hereto. Deviation #14 seeks relief from LDC Section 5.06.02.B.6, which allows for a maximum height of 8 feet for residential entry signs, to allow for a maximum sign height of 12 feet for residential entry signage at Hacienda Lakes - North Area as depicted on Exhibit E- 4, Hacienda Lakes - North Area Sign Deviation Exhibit, Sheet 2 of 2, attached hereto. Deviation #15 seeks relief from LDC Section 5.06.02.B.6.b, which permits two (2) ground or wall signs per entrance to the development with a combined sign area of 64 square feet, to allow for two (2) ground or wall signs that are 64 square feet each. which include signage for each of the residential developments which share access to Collier Boulevard at the entrance to the Hacienda Lakes - North Area, as depicted on Exhibit E-4, Hacienda Lakes – North Area Sign Deviation Exhibit, Sheet 1of 2, attached hereto. This deviation is subject to conditions that secondary signage is specifically for the two "R" Tract properties labeled "Future Development" that are immediately fronting and adjacent to the intersection of the entry road with Collier Boulevard, and no other signage for these two "R" Tract properties is permitted facing Collier Boulevard. Deviation #16 seeks relief from LDC Section 5.06.02.B.14, which allows boundary marker signs to be a maximum of 24 square feet to allow for two boundary marker signs with a maximum of 32 square feet at the Hacienda Lakes – North Area, as depicted on Exhibit B -4, Hacienda Lakes – North Area Sign Deviation Exhibit, Sheet 1 of 2, attached hereto. Deviation #17 seeks relief from LDC Section 6.06.01.J, which prohibits dead-end streets except when designed as a cul-de-sac, to allow one (1) dead-end street at the terminus of a local street within the Hacienda Lakes - North Area residential development, as depicted on Exhibit E-4, Hacienda Lakes - North Area Sign Deviation Exhibit, Sheet 1 of 2, attached hereto. Deviation #18 seeks relief from LDC Section 4.06.02, which requires landscape buffers to separate developments, to allow for no buffer along the northern PUD boundary in either or both of the following circumstances: 1) West of the FPL easement if the abutting properties are rezoned or amended to provide for a unified development plan of the northern property (currently Agriculture- zoned property) and the Hacienda Lakes - North Area properties prior to approval of an SDP or PPL; 2) East of the FPL easement if the abutting property to the north (currently Willow Run RPUD) is rezoned to provide for no adjacent buffer, as depicted on Exhibit C-2, attached hereto. Deviation #19 seeks relief from LDC Section 5.03.02.C.2, which permits a maximum fence/ wall height of 6 feet in residential zoning districts, to instead allow for a decorative wall with maximum height of 14 feet in the location shown on Exhibit C-2, attached hereto. June 11, 2025 Page 2 of 3 PL20240011559 Page 584 of 6529 DEVIATIONS #20 THROUGH #25 APPLY TO THE WESTERN 25.86 (+/-) ACRES OF TRACT G OF THE HACIENDA LAKES OF NAPLES PLAT RECORDED IN PB 55 PAGE 19, LOCATED AT THE CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD (THE “COSTCO PARCEL”) Deviation #20 seeks relief from LDC Section 4.02.08, which requires a maximum light pole height of 25 feet, to instead allow a new maximum height of 36.5 feet. Deviation #21 seeks relief from LDC Section 4.05.04.C, which requires commercial projects with a minimum 80 parking spaces and off-street parking in excess of 120% to obtain a variance and provide double the landscaping required in interior vehicular use areas, to instead not require a variance and only provide the landscaping required in interior vehicular use areas as required in LDC Section 4.06.03 without doubling the required landscaping. Deviation #22 seeks relief from LDC Section 4.05.06.B, which requires minimum loading spaces of 3, plus 1 for each 25,000 square feet over 50,000 square feet, to instead allow for a total amount of 5 loading spaces. Deviation #23 seeks relief from LDC Section 05.05.08.D.2.b.i, which requires a total of 45% glazing (‘glass’) on the total three combined primary façades of the building, to instead allow a combination of glazing and planted trellis features for a total of 23% (12% glazing and 11% planted trellis). Deviation #24 seeks relief from LDC Section 05.05.08.D.4, which requires variations in building façade massing greater than 150 linear feet for buildings 40,000 square feet or larger, to include a break in the façade massing, to instead allow structurally attached planted trellis features as an alternative to provide an elevation break out for visual interest along the building façade length. Deviation #25 seeks relief from LDC Section 05.06.04.F.4, which requires a maximum signage square footage in nonresidential districts of 750 square feet, to instead allow for an increase of 367 square feet over the maximum for a total of 1,117 square feet as shown on Exhibit E-6, Costco Warehouse Signage Elevation Exhibit. June 11, 2025 Page 3 of 3 PL20240011559 Page 585 of 6529 EXHIBIT F LIST OF OWNER COMMITMENTS Revised text to Section VI (Transportation), XI in Ordinance 22-18: XI. Prior to the issuance of a certificate of occupancy for the first 75,000 square feet of retail land uses, the Owner shall construct, at its sole expense, a Collier Area Transit (CAT) stop/ shelter fronting the Commercial Tract C that shall include a 10' x 20' pavilion shelter with benches and protection from the elements and include a minimum of three (3) bike racks. Owner shall be responsible for maintenance of the bus stop/ shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site-related contribution with the exception for the Costco Wholesale development (PL20240011790 and PL20240011559) that defers the requirement to the future retail commercial outparcel at the southeast corner of Collier Boulevard and Rattlesnake Hammock Road to better serve the public that utilize public transportation for a variety of retail uses. Page 586 of 6529 COSTCO WHOLESALE CORPORATION EXECUTIVE VICE PRESIDENT/SECRETARY'S CERTIFICATE The undersigned, John Sullivan, hereby certifies as follows: 1) I am the duly elected Executive Vice President and Secretary of Costco Wholesale Corporation, a Washington corporation (the "Corporation"). 2) Rainey Astin has been duly elected to and holds the office of Assistant Secretary. 3) I certify that the following resolution was adopted by the Board of Directors of the Corporation on January 27, 2011: RESOLVED, that any one of the Chairman, the Chief Executive Officer, the President, the Chief Financial Officer, any Executive or Senior Vice President, the Secretary, the Treasurer, or any Assistant Secretary of the Corporation is hereby authorized to execute any and all documents regarding the acquisition, leasing, sale or development of real property, including, without limitation, the execution of purchase agreements, deeds, escrow instructions, leases, closing statements, easements, deeds of dedication, restrictive covenants and construction agreements. I further certify that said Resolution remains in full force and effect as of the date hereof. Dated this __ day of January, 2025. John Sullivan Executive Vice President/Secretary Page 588 of 6529Page 589 of 6529 GMCD Public Portal Land Development Code Administrative Code Addressing Checklist Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Applicant Contact Information *Name of Owner/Agent: Firm [if agent]: *Address: *City: *State: *ZIP: *Telephone: Cell: Fax: *E-Mail Address: Location Information *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: *Legal Description of subject property or properties [Attach list if necessary]: Street Address(es) where applicable, if already assigned: Addressing Checklist 6/14/2024 Page 1 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 590 of 6529Collier County Project Information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre-approval of project name and/or street name may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Submittal Requirement Checklist Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. ☒ List of additional folio numbers and associated legal descriptions. ☐ E-mail from Addressing Official for any pre-approved project and/or street names. ☐ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department | GMCD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: Front.Desk@colliercountyfl.gov Addressing Checklist 6/14/2024 Page 2 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 591 of 6529N/A Page 593 of 6529Page 595 of 6529Page 596 of 6529Page 597 of 6529 4 1 RATTLESNAKE HAMMOCK RD COLLIER BVLD 1 2 3 2 3 4 MAYSEPTEMBER 2024 | CW20-0503 2024 | CW23-0757 | STONE MTN, | GA AERIAL MAP & PICTURES COLLIER COUNTY FL (SOUTH NAPLES) Page 598 of 6529 GENERAL NOTES MOD: 09/10/24 N MCNJ-CVER-NOTE-1000 09/01/22 1. THE SUBJECT PROPERTY IS KNOWN AS PORTION OF TRACT 'G' OF HACIENDA LAKES OF NAPLES, TRACT G REPLAT, PLAT BOOK 55, PAGES 10 THROUGH 21. 2. THE PROPERTY IS LOCATED IN THE HACIENDA LAKES MIXED USE PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND CONTAINS A TOTAL TRACT AREA OF ±1,125,715 SF, ±25.84 ACRES. Engineering&Architecture,Surveying, Design, CT LandscapeP.C. Architecture, OWNER: HACIENDA LAKES OF NAPLES, LLC APPLICANT: COSTCO WHOLESALE CORPORATION 7742 ALICO ROAD 45940 HORSESHOE DRIVE, SUITE 150 Engineering FORT MYERS, FL 33912 STERLING, VA 20166 904-762-4454 703-885-4002 & Design W E 3. THE SUBJECT PROPERTY IS PRESENTLY UNDEVELOPED, HEAVILY WOODED LAND WITH A CLEARED UTILITY BUFFER PER LDC EASEMENT ALONG THE EASTERN PROPERTY BOUNDARY. THE APPLICANT PROPOSES TO CLEAR THE REMAINDER OF www.colliersengineering.com THE PROPERTY AND FILL IT IN TO CONSTRUCT A COSTCO WHOLESALE WAREHOUSE WITH A FUEL FACILITY, PARKING LOTS, AND OTHER ASSOCIATED INFRASTRUCTURE. Copyright © 2025. Colliers Engineering & Design All Rights Reserved. This drawing (PENDING FPL and all the information contained herein is authorized for use only by the party for RATTLESNAKE HAMMOCK ROAD/CR 864 4. ZONE DATA: MPUD - MIXED USE PLANNED UNIT DEVELOPMENT whom the services were contracted or to whom it is certified. This drawing may not APPROVAL) be copied, reused, disclosed, distributed or relied upon for any other purpose FUTURE without the express written consent of Colliers Engineering & Design. NORTH REQUIRED EXISTING COSTCO OUTPARCEL ±1,125,715 SF 949,044 SF 176,677 SF PROPOSED MINIMUM LOT AREA 10,000 SF TRAFFIC ±25.84 ACRES 21.79 ACRES 4.06 ACRES Doing Business as C O N S U L T I N G MINIMUM LOT WIDTH 100 FT 1,235 FT 1,114 FT 253 FT ENGINEERS + SURVEYING S PROTECT YOURSELF PRINCIPAL BUILDING ALL STATES REQUIRE NOTIFICATION OF MINIMUM YARD (FROM LOT BOUNDARY) R EXCAVATORS, DESIGNERS, OR ANY PERSON BUFFER PER LDC 25 FT N/A 52.5 FT T.B.D. PREPARING TO DISTURB THE EARTH'S 37' MINIMUM YARD (FROM MPUD BOUNDARY) 25 FT N/A 61 FT T.B.D. SURFACE ANYWHERE IN ANY STATE PROPOSED PROPOSED SIGNAL MAXIMUM ZONED BUILDING HEIGHT 50 FT N/A 34 FT T.B.D. ___________________________ 210' DECELERATION FULL ACCESS SAWCUT BUILDING RIGHT TURN LANE DRIVEWAY LINE (TYP) MAXIMUM ACTUAL HEIGHT 60 FT N/A 34 FT T.B.D. SETBACK FOR STATE SPECIFIC DIRECT PHONE NUMBERS 210' DECELERATION PROPOSED MINIMUM FLOOR AREA 600 SF N/A 162,671 SF T.B.D. VISIT: WWW.CALL811.COM LINE R2' R25' RIGHT-IN/RIGHT-OUT DEPARTMENTAPPROVED: _______________________CITY OF OFCITY PITTSBURGH PLANNING RIGHT TURN LANE CITY _______________________ PLANNING CHAIRMAN COMMISSION ATTEST: _______________________ _______________________SECRETARY 11' R25' R35' R50' MINIMUM GROSS FLOOR AREA PER UNIT 600 SF N/A 162,671 SF T.B.D. DRIVEWAY R50' 20' R50' 11' R35' 5.9' ACCESSORY BUILDING MINIMUM YARD (FROM LOT BOUNDARY) 10 FT N/A 111.9 FT T.B.D. 7.4' R43' R45' 5.9' 50' MINIMUM YARD (FROM MPUD BOUNDARY) R60' 10.98' R25' 10 FT N/A 204 FT T.B.D. 7.8' 6' R25' MINIMUM DISTANCE BETWEEN STRUCTURES 10 FT N/A N/A T.B.D. 20' 63.5' R25' MAXIMUM ZONED BUILDING HEIGHT 25 FT N/A 8.92 FT T.B.D. 5' 60' MAXIMUM ACTUAL HEIGHT 30 FT N/A 8.92 FT T.B.D. 50' 15' 20' R45' MINIMUM GROSS FLOOR AREA PER UNIT 80 SF N/A 197 SF T.B.D. 4' 12' 12' 12' R25' 20' R50' R26' R50' 96.5' 33.4' 18' FUTURE FUEL 24' MAXIMUM BUILDING (LOT) COVERAGE N/A 0.00% 17.2% 25.5% * FACILITY R47.5' 15' 15' 24' MAXIMUM IMPERVIOUS COVERAGE N/A 1.48% 71.4% 51.0% * EXPANSION PROPOSED CONCRETE STEP OFF CURB (TYP.) R43' 20' 24' BUFFER 10 FT 10.98 FT 11 FT T.B.D. 20' R30' R65' 204' R20' R35' 112.6' R50' PARKING R20' 15' 15' 20' 8' USE: 1 SPACE/250 SF RETAIL/OFFICE AREAS 652 SPACES 0 SPACES 819 SPACES T.B.D. LOADING PER TABLE 18 IN COLLIER COUNTY 11.5' 30' 10' 45' 8 SPACES 0 SPACES 5 SPACES (V) T.B.D. LD CODE SECTION 4.05.06.B 126' 24' PROPOSED CONCRETE 92.5' 28' 24' 10' FUEL FACILITY GENERATOR STEP OFF CURB (TYP.) BUILDING ADA SPACES 2% TOTAL 0 SPACES 17 SPACES T.B.D. SETBACK LINE 7' 20' 30' 20' BUILDING AREA N/A 107 SF 162,868 SF 45,061 SF* THREE (3) - 40,000 10' GALLON FUEL NON-BUILDING IMPERVIOUS AREA N/A 16,541 SF 514,612 SF 45,028 SF* STORAGE TANKS 20' LAKE/WETLAND AREA N/A 848,716 SF 18,515 SF 3,265 SF* FUEL FACILITY ELECTRIC GREEN AREA N/A 260,352 SF 253,049 SF 83,323 SF* TRANSFORMER WITH BOLLARDS 24' (E) = PRE-EXISTING NON-CONFORMING CONDITION (V) = VARIANCE REQUIRED 24' DESCRIPTION R5' (U.N.O.) * = VALUES ARE ALLOTMENTS FOR THE FUTURE AND ARE NOT A PART OF THIS SITE DEVELOPMENT PLAN . . . . . . . . . . R25' RELOCATED STONE FPL 5. THE FOLLOWING DEVIATIONS (PER AMENDED EXHIBIT E LIST OF DEVIATIONS TO ORD. 22-18) ARE BEING REQUESTED 20' R10' . . . . . . . . . . AS A PART OF AUTO SERVICE STATION WAIVER (ASW) PL20240011790 AND PLANNED UNIT DEVELOPMENT R10' R35' SERVICE ROAD R10' INSUBSTANTIAL CHANGE (PDI) PL20240011559: 30' 111.9' FUEL FACILITY ONE (1) LOADING SPACE R5' (U.N.O.) 5.1. DEVIATION #20 SEEKS RELIEF FROM LDC SECTION 4.02.08, WHICH REQUIRES A MAXIMUM LIGHT POLE HEIGHT DRAWN BY PROPOSED CONCRETE 20' OUTPARCEL OF 25 FT, TO INSTEAD ALLOW A NEW MAXIMUM HEIGHT OF 36.5 FT. PROPOSED PAINTED KIOSK (197 SF) PROPOSED VERTICAL CURB (TYP.) STEP OFF CURB (TYP.) 5.2. DEVIATION #21 SEEKS RELIEF FROM LDC SECTION 4.05.04.C, WHICH REQUIRES COMMERCIAL PROJECTS WITH ACCESS DRIVE 5.2. DEVIATION #21 SEEKS RELIEF FROM LDC SECTION 4.05.04.C, WHICH REQUIRES COMMERCIAL PROJECTS WITH . . . . . . . . . . WHITE STRIPPING, 4" WIDE (TYP.) A MINIMUM 80 PARKING SPACES AND OFF-STREET PARKING IN EXCESS OF 120% TO OBTAIN A VARIANCE DATE R15' PROPOSED PAINTED 24' 10' AND PROVIDE DOUBLE THE LANDSCAPING REQUIRED IN INTERIOR VEHICULAR USE AREAS, TO INSTEAD NOT WHITE STRIPPING, R35' REQUIRE A VARIANCE AND ONLY PROVIDE THE NORMAL LANDSCAPING REQUIRED IN INTERIOR VEHICULAR 4" WIDE (TYP.) USE AREAS AS REQUIRED IN LDC SECTION 4.06.03. . . . . . . . . . . REV 10' 5.3. DEVIATION #22 SEEKS RELIEF FROM LDC SECTION 4.05.06.B, WHICH REQUIRES MINIMUM LOADING SPACES OF 20' 5.3. DEVIATION #22 SEEKS RELIEF FROM LDC SECTION 4.05.06.B, WHICH REQUIRES MINIMUM LOADING SPACES OF 24' R25' 20' 3, PLUS 1 FOR EACH 25,000 SF OVER 50,000 SF, TO INSTEAD ALLOW FOR A TOTAL OF 5 LOADING SPACES. 5.4. DEVIATION #23 SEEKS RELIEF FROM LDC SECTION 5.05.05.B.1, WHICH REQUIRES A MINIMUM 500 FT 20' 30' 20' 24' 20' 20' 24' 20' 20' 24' 20' 7' 24' 20' 20' SEPARATION BETWEEN FACILITIES WITH FUEL PUMPS, TO INSTEAD ALLOW A MAXIMUM 132 FT SEPARATION 20' 20' 24' 20' 20' 24' 20' 10' 20' 15' 20' 30' 20' 20' 24' BETWEEN THE COSTCO PARCEL AND THE 7-ELEVEN PARCEL LOCATED TO THE NORTH, SEPARATED BY RATTLESNAKE HAMMOCK ROAD, A 4-LANE ARTERIAL. 5.5. DEVIATION #24 SEEKS RELIEF FROM LDC SECTION 05.05.08.D.2.b.i, WHICH REQUIRES A TOTAL OF 45% 24' PROPOSED VERTICAL GLAZING ('GLASS')(GLASS) ON ON THE THE TOTAL TOTAL COMBINED COMBINED PRIMARY PRIMARY FACADES FACADES OF OF THE THE BUILDING, BUILDING, TO TO INSTEAD INSTEAD ALLOW ALLOW A A CURB (TYP.) COMBINATION OF GLAZING AND PLANTED TRELLIS FEATURES TO ACCOUNT FOR A TOTAL OF 23% (12% GLAZING & 11% PLANTED TRELLIS). 20' 5.6. DEVIATION #25 SEEKS RELIEF FROM LDC SECTION 05.05.08.D.4, WHICH REQUIRES VARIATIONS IN BUILDING FACADE MASSING GREATER THAN 150 LINEAR FEET TO INCLUDE A BREAK IN THE FACADE MASSING, TO INSTEAD ALLOW STRUCTURALLY ATTACHED PLANTED TRELLIS FEATURES AS AN ALTERNATIVE TO PROVIDE 20' AN ELEVATION BREAK OUT FOR VISUAL INTEREST ALONG THE BUILDING FACADE LENGTH. FUTURE OUTPARCEL 5.7. DEVIATION #26 SEEKS RELIEF FROM LDC SECTION 05.06.04.F.4, WHICH REQUIRES A MAXIMUM SIGNAGE SQUARE FOOTAGE IN NONRESIDENTIAL DISTRICTS OF 750 SF, TO INSTEAD ALLOW FOR AN INCREASE OF 367 24' R5' (U.N.O.) ±4.1 ACRES V 10' SF OVER THE MAXIMUM FOR A TOTAL OF 1,117 SF. R35' 6. BOUNDARY SURVEY AND TOPOGRAPHIC INFORMATION SHOWN HEREON IS TAKEN FROM A PLAN ENTITLED V V “ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, 20' PREPARED BY COLLIERS ENGINEERING & DESIGN. V V V R74' 7. THE HORIZONTAL DATUM IS RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM NAD1983 EAST (2011 20' R55' R56' ADJUSTMENT). THE VERTICAL DATUM IS RELATIVE TO NAVD 1988. V BUFFER PER LDC R25' 8. BENCHMARK REFERENCE: NGS BENCHMARK STAMP Y 526, ELEVATION: 11.42' (NAVD 1988). 24' 30' PROPOSED FLUSH PAVEMENT JOINT R5' (U.N.O.) R5' (U.N.O.) WHEEL 9. THE LIMITS OF FRESHWATER WETLANDS SHOWN HEREON ARE BASED ON A PLAN ENTITLED “ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, PREPARED BY STOP (TYP) V 20' COLLIERS ENGINEERING & DESIGN AND IS PRELIMINARY AND WAITING FOR FINAL APPROVAL. R35' R56' 20' 7' COSTCO 10. THE FLOOD ZONES DEPICTED HERON ARE BASED ON A PLAN ENTITLED “ALTA/NSPS LAND TITLE BOUNDARY & R74' DEMISED TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, PREPARED BY COLLIERS ENGINEERING 24' 20' 7' 20' AREA & DESIGN WHICH WAS PLOTTED BASED ON FEMA FLOOD INSURANCE RATE MAP NUMBER 12021C0606J, LAST REVISED 12.5' FEBRUARY 8, 2024. DESCRIPTION . . . . . . . R25' REVISED PER FPL COMMENTS REVISED PER PDI REVIEW DATED 02/12/25 REVISED PER COUNTY SUFFICIENCY REVIEW COMMENTS DATED 01/27/25 V OUTPARCEL 11. GEOTECHNICAL INFORMATION AND SOIL TEST PIT LOCATIONS SHOWN HEREON ARE AS PRESENTED IN A REPORT 24' 10' ACCESS DRIVE ENTITLED “COSTCO WHOLESALE WAREHOUSE: NAPLES, FL - CW23-1027 - GEOTECHNICAL ENGINEERING REPORT”, 18' . . . . . . . JEH R15' DATED MARCH 27, 2024, PREPARED BY TERRACON. SVD SVD V 20' FOUR (4) DRAWN BY LOADING 12. THIS SET OF PLANS IS NOT DEPICTING ENVIRONMENTAL CONDITIONS OR A CERTIFICATION/WARRANTY SPACES REGARDING THE PRESENCE OR ABSENCE OF ENVIRONMENTALLY IMPACTED SITE CONDITIONS. 30' . . . . . . . 20' 13. THIS IS A SITE DEVELOPMENT PLAN AND UNLESS SPECIFICALLY NOTED ELSEWHERE HEREON, IS NOT A SURVEY. DATE 01/31/25 02/27/25 03/18/25 COLLIER BOULEVARD (COUNTY ROAD 951) V R74' 14. DO NOT SCALE DRAWINGS AS THEY PERTAIN TO ADJACENT AND SURROUNDING PHYSICAL CONDITIONS, . . . . . . . 1 2 3 24' R56' BUILDINGS, STRUCTURES, ETC. THEY ARE SCHEMATIC ONLY, EXCEPT WHERE DIMENSIONS ARE SHOWN THERETO. REV 15. THIS SET OF PLANS HAS BEEN PREPARED FOR THE PURPOSES OF MUNICIPAL AND AGENCY REVIEW AND APPROVAL. 11.5' V 20' THIS SET OF PLANS SHALL NOT BE UTILIZED AS CONSTRUCTION DOCUMENTS UNTIL ALL APPROVALS REQUIRED HAVE BEEN OBTAINED, ALL CONDITIONS OF APPROVAL HAVE BEEN SATISFIED AND THE DRAWINGS HAVE BEEN 9.3' STAMPED “ISSUED FOR CONSTRUCTION”. THIS SHALL INCLUDE APPROVAL OF ALL CATALOG CUTS, SHOP R74' DRAWINGS AND/OR DESIGN CALCULATIONS AS REQUIRED BY THE PROJECT OWNER AND/OR MUNICIPAL ENGINEER. 20' R56' PROPOSED 16. THE CONTRACTOR IS RESPONSIBLE FOR PROJECT SAFETY, INCLUDING PROVISION OF ALL APPROPRIATE SAFETY BUILDING MASONRY SETBACK PROPOSED PROPOSED PAINTED DEVICES AND TRAINING REQUIRED. COMPACTOR PROPOSED TRASH 24' LINE FLUSH 10' WHITE STRIPPING, SCREENING WITH COMPACTOR 4" WIDE (TYP.) 17. PRIOR TO ANY EXCAVATION, THE CONTRACTOR SHALL CALL 811 TO REQUEST A UTILITY MARKOUT. METAL GATE PAVEMENT 327.7' JOINT 18.5' 20' 18. THE COSTCO WAREHOUSE BUILDING WILL BE OF TYPE V-B CONSTRUCTION AND THE COSTCO FUEL FACILITY WILL 10' 24' 20' BE OF TYPE II-B CONSTRUCTION. 162,671 SF R40' 20' 18' SITE NOTES 52.5' R100' 1. BUILDING FOOTPRINT DIMENSIONS SHOWN HEREON ARE APPROXIMATE. FINAL BUILDING FOOTPRINT DIMENSIONS R70' FOR EACH BUILDING SHALL BE FURNISHED ON THE ARCHITECTURAL PLANS WHEN APPLYING FOR A BUILDING 24' PROPOSED CONCRETE R5' (U.N.O.) PERMIT. ALL STRUCTURES SHALL CONFORM TO THE APPROVED BULK ZONING REQUIREMENTS. R65' STEP OFF CURB (TYP.) PROPOSED 10' Russell T. McFall II STRUCTURALLY 2. CURB RAMPS ARE TO BE CONSTRUCTED FLUSH WITH THE FINISHED PAVEMENT SURFACE. ACCESSIBLE CURB RAMPS 20' FLORIDA PROFESSIONAL ENGINEER ATTACHED AND INSTALLED WITHIN THE PUBLIC RIGHT OF WAY ARE TO HAVE DETECTABLE WARNING SURFACES COMPLIANT WITH LICENSE NUMBER: PE75738 PLANTED TRELLIS (TYP) FEDERAL ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC ROW. COLLIERS ENGINEERING & DESIGN, INC. 20' 3. TRAFFIC SIGNAGE/STRIPING SHALL CORRESPOND TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 4. REFUSE AND RECYCLABLES SHALL BE STORED WITHIN OUTSIDE SCREENED COMPACTORS AS NOTED ON THE PLANS 495.5' 24' AND PICKED UP BY PRIVATE WASTE DISPOSAL HAULER. BUFFER PER LDC R5' (U.N.O.) LIGHT POLE R85' 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROPER DISPOSAL OF ALL WASTE MATERIALS IN ACCORDANCE SITE DEVELOPMENT PLANS BASE (TYP) 20' 50' R65' WITH GOVERNING REGULATIONS AND AGENCIES. 24' 20' 6. THERE SHALL BE NO ON-SITE BURIAL OF CONSTRUCTION MATERIALS, TREE BRANCHES, STUMPS, OR OTHER LAKE 13 PROPOSED R50' GENERATORS 20' DELETERIOUS MATERIALS. FOR 43.9' ±0.50 ACRES 20' 7. MATERIALS, WORKMANSHIP, AND CONSTRUCTION FOR THE SITE IMPROVEMENTS SHOWN HEREON SHALL BE IN ACCORDANCE WITH: R20' 24' R25' A. THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, LATEST VERSION. BUILDING B. FLORIDA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE PROPOSED STRUCTURALLY ATTACHED SETBACK PROPOSED STRUCTURALLY ATTACHED 61' R25' AND PLANTED TRELLIS (TYP) CONSTRUCTION," LATEST VERSION. 20' 61' LINE AND PLANTED TRELLIS (TYP) C. CURRENT PREVAILING MUNICIPAL, COUNTY, AND/OR STATE AGENCY SPECIFICATIONS, STANDARDS, 30' CONDITIONS, AND REQUIREMENTS. D. CURRENT PREVAILING UTILITY COMPANY/AUTHORITY SPECIFICATIONS, STANDARDS, AND REQUIREMENTS. E. CURRENT MANUFACTURER SPECIFICATIONS, STANDARDS, AND REQUIREMENTS. PROPOSED RIGHT-IN 20' / LEFT-OUT ACCESS DRIVEWAY 11.5' EXISTING LEGEND PROPOSED R15' TRAVERSE LINE, CENTER LINE R20' 'LEFT ONLY' SIGN OR BASELINE (LABEL AS SUCH) 12+00 13+00 R50' R5' RIGHT OF WAY LINE R3' PROPOSED 49' PROPERTY LINE COLLIER COUNTY BUFFER PER LDC SAWCUT LINE (TYP) EDGE OF PAVEMENT FLORIDA FACE CURB EXTON BACK 410 Eagleview Boulevard, DEPRESSED CURB Suite 104 Engineering&Architecture,Surveying, Design, CT LandscapeP.C. Architecture, Exton, PA 19341 SIDEWALK Engineering Phone: 610.254.9140 COLLIERS ENGINEERING & DESIGN, INC. DOING & Design BUSINESS AS MASER CONSULTING X X FENCES X X TREELINE SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 01/17/25 SVD RTM REVIEWED BY: ROADWAY SIGNS PTH PROJECT NUMBER: DRAWING NAME: WETLAND LINE 24000317A C-LAYT 50 0 50 100 MUNICIPAL BOUNDARY LINE SHEET TITLE: STALL COUNT 10 DIMENSION PLAN SCALE : 1" = 50' ADA ACCESSIBLE STALL Linear unit of measure: US Survey Foot (1 ft = 1200/3937 m) V DEPRESSED CURB AND ADA RAMP HC SHEET NUMBER: DIRECTION OF TRAFFIC FLOW 3 of 18 UNAUTHORIZEDONLY MAPS WITH ALTERATION THE LAND SURVEYOR OR ADDITION OR PROFESSIONALTO A SURVEY OR ENGINEER'S ENGINEERING SEAL MAP ARE BEARING GENUINE A TRUE LICENSED AND CORRECTLAND SURVEYOR COPIES OROF THEPROFESSIONAL LAND SURVEYOR ENGINEER OR PROFESSIONAL IS A VIOLATION ENGINEER’S OF SECTION ORIGINAL 7209, SUB-DIVISION WORK AND 2,OPINION. OF THE NEW YORK STATE EDUCATION LAW. 2024\24000317A\Engineering\Site Plans\C-LAYT.dwg\C-03-Dimension Plan By: SDONLEVIE NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 599 of 6529 GENERAL NOTES MOD: 09/10/24 N MCNJ-CVER-NOTE-1000 09/01/22 1. THE SUBJECT PROPERTY IS KNOWN AS PORTION OF TRACT 'G' OF HACIENDA LAKES OF NAPLES, TRACT G REPLAT, PLAT BOOK 55, PAGES 10 THROUGH 21. 2. THE PROPERTY IS LOCATED IN THE HACIENDA LAKES MIXED USE PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND CONTAINS A TOTAL TRACT AREA OF ±1,125,715 SF, ±25.84 ACRES. Engineering&Architecture,Surveying, Design, CT LandscapeP.C. Architecture, OWNER: HACIENDA LAKES OF NAPLES, LLC APPLICANT: COSTCO WHOLESALE CORPORATION 7742 ALICO ROAD 45940 HORSESHOE DRIVE, SUITE 150 Engineering FORT MYERS, FL 33912 STERLING, VA 20166 904-762-4454 703-885-4002 & Design W E 3. THE SUBJECT PROPERTY IS PRESENTLY UNDEVELOPED, HEAVILY WOODED LAND WITH A CLEARED UTILITY BUFFER PER LDC EASEMENT ALONG THE EASTERN PROPERTY BOUNDARY. THE APPLICANT PROPOSES TO CLEAR THE REMAINDER OF www.colliersengineering.com THE PROPERTY AND FILL IT IN TO CONSTRUCT A COSTCO WHOLESALE WAREHOUSE WITH A FUEL FACILITY, PARKING LOTS, AND OTHER ASSOCIATED INFRASTRUCTURE. Copyright © 2025. Colliers Engineering & Design All Rights Reserved. This drawing (PENDING FPL and all the information contained herein is authorized for use only by the party for RATTLESNAKE HAMMOCK ROAD/CR 864 4. ZONE DATA: MPUD - MIXED USE PLANNED UNIT DEVELOPMENT whom the services were contracted or to whom it is certified. This drawing may not APPROVAL) be copied, reused, disclosed, distributed or relied upon for any other purpose FUTURE without the express written consent of Colliers Engineering & Design. NORTH REQUIRED EXISTING COSTCO OUTPARCEL ±1,125,715 SF 949,044 SF 176,677 SF PROPOSED MINIMUM LOT AREA 10,000 SF TRAFFIC ±25.84 ACRES 21.79 ACRES 4.06 ACRES Doing Business as C O N S U L T I N G MINIMUM LOT WIDTH 100 FT 1,235 FT 1,114 FT 253 FT ENGINEERS + SURVEYING S PROTECT YOURSELF PRINCIPAL BUILDING ALL STATES REQUIRE NOTIFICATION OF MINIMUM YARD (FROM LOT BOUNDARY) R EXCAVATORS, DESIGNERS, OR ANY PERSON BUFFER PER LDC 25 FT N/A 52.5 FT T.B.D. PREPARING TO DISTURB THE EARTH'S 37' MINIMUM YARD (FROM MPUD BOUNDARY) 25 FT N/A 61 FT T.B.D. SURFACE ANYWHERE IN ANY STATE PROPOSED PROPOSED SIGNAL MAXIMUM ZONED BUILDING HEIGHT 50 FT N/A 34 FT T.B.D. ___________________________ 210' DECELERATION FULL ACCESS SAWCUT BUILDING RIGHT TURN LANE DRIVEWAY LINE (TYP) MAXIMUM ACTUAL HEIGHT 60 FT N/A 34 FT T.B.D. SETBACK FOR STATE SPECIFIC DIRECT PHONE NUMBERS 210' DECELERATION PROPOSED MINIMUM FLOOR AREA 600 SF N/A 162,671 SF T.B.D. VISIT: WWW.CALL811.COM LINE R2' R25' RIGHT-IN/RIGHT-OUT DEPARTMENTAPPROVED: _______________________CITY OF OFCITY PITTSBURGH PLANNING RIGHT TURN LANE CITY _______________________ PLANNING CHAIRMAN COMMISSION ATTEST: _______________________ _______________________SECRETARY 11' R25' R35' R50' MINIMUM GROSS FLOOR AREA PER UNIT 600 SF N/A 162,671 SF T.B.D. DRIVEWAY R50' 20' R50' 11' R35' 5.9' ACCESSORY BUILDING MINIMUM YARD (FROM LOT BOUNDARY) 10 FT N/A 111.9 FT T.B.D. 7.4' R43' R45' 5.9' 50' MINIMUM YARD (FROM MPUD BOUNDARY) R60' 10.98' R25' 10 FT N/A 204 FT T.B.D. 7.8' 6' R25' MINIMUM DISTANCE BETWEEN STRUCTURES 10 FT N/A N/A T.B.D. 20' 63.5' R25' MAXIMUM ZONED BUILDING HEIGHT 25 FT N/A 8.92 FT T.B.D. 5' 60' MAXIMUM ACTUAL HEIGHT 30 FT N/A 8.92 FT T.B.D. 50' 15' 20' R45' MINIMUM GROSS FLOOR AREA PER UNIT 80 SF N/A 197 SF T.B.D. 4' 12' 12' 12' R25' 20' R50' R26' R50' 96.5' 33.4' 18' FUTURE FUEL 24' MAXIMUM BUILDING (LOT) COVERAGE N/A 0.00% 17.2% 25.5% * FACILITY R47.5' 15' 15' 24' MAXIMUM IMPERVIOUS COVERAGE N/A 1.48% 71.4% 51.0% * EXPANSION PROPOSED CONCRETE STEP OFF CURB (TYP.) R43' 20' 24' BUFFER 10 FT 10.98 FT 11 FT T.B.D. 20' R30' R65' 204' R20' R35' 112.6' R50' PARKING R20' 15' 15' 20' 8' USE: 1 SPACE/250 SF RETAIL/OFFICE AREAS 652 SPACES 0 SPACES 819 SPACES T.B.D. LOADING PER TABLE 18 IN COLLIER COUNTY 11.5' 30' 10' 45' 8 SPACES 0 SPACES 5 SPACES (V) T.B.D. LD CODE SECTION 4.05.06.B 126' 24' PROPOSED CONCRETE 92.5' 28' 24' 10' FUEL FACILITY GENERATOR STEP OFF CURB (TYP.) BUILDING ADA SPACES 2% TOTAL 0 SPACES 17 SPACES T.B.D. SETBACK LINE 7' 20' 30' 20' BUILDING AREA N/A 107 SF 162,868 SF 45,061 SF* THREE (3) - 40,000 10' GALLON FUEL NON-BUILDING IMPERVIOUS AREA N/A 16,541 SF 514,612 SF 45,028 SF* STORAGE TANKS 20' LAKE/WETLAND AREA N/A 848,716 SF 18,515 SF 3,265 SF* FUEL FACILITY ELECTRIC GREEN AREA N/A 260,352 SF 253,049 SF 83,323 SF* TRANSFORMER WITH BOLLARDS 24' (E) = PRE-EXISTING NON-CONFORMING CONDITION (V) = VARIANCE REQUIRED 24' DESCRIPTION R5' (U.N.O.) * = VALUES ARE ALLOTMENTS FOR THE FUTURE AND ARE NOT A PART OF THIS SITE DEVELOPMENT PLAN . . . . . . . . . . R25' RELOCATED STONE FPL 5. THE FOLLOWING DEVIATIONS (PER AMENDED EXHIBIT E LIST OF DEVIATIONS TO ORD. 22-18) ARE BEING REQUESTED 20' R10' . . . . . . . . . . AS A PART OF AUTO SERVICE STATION WAIVER (ASW) PL20240011790 AND PLANNED UNIT DEVELOPMENT R10' R35' SERVICE ROAD R10' INSUBSTANTIAL CHANGE (PDI) PL20240011559: 30' 111.9' FUEL FACILITY ONE (1) LOADING SPACE R5' (U.N.O.) 5.1. DEVIATION #20 SEEKS RELIEF FROM LDC SECTION 4.02.08, WHICH REQUIRES A MAXIMUM LIGHT POLE HEIGHT DRAWN BY PROPOSED CONCRETE 20' OUTPARCEL OF 25 FT, TO INSTEAD ALLOW A NEW MAXIMUM HEIGHT OF 36.5 FT. PROPOSED PAINTED KIOSK (197 SF) PROPOSED VERTICAL CURB (TYP.) STEP OFF CURB (TYP.) 5.2. DEVIATION #21 SEEKS RELIEF FROM LDC SECTION 4.05.04.C, WHICH REQUIRES COMMERCIAL PROJECTS WITH ACCESS DRIVE 5.2. DEVIATION #21 SEEKS RELIEF FROM LDC SECTION 4.05.04.C, WHICH REQUIRES COMMERCIAL PROJECTS WITH . . . . . . . . . . WHITE STRIPPING, 4" WIDE (TYP.) A MINIMUM 80 PARKING SPACES AND OFF-STREET PARKING IN EXCESS OF 120% TO OBTAIN A VARIANCE DATE R15' PROPOSED PAINTED 24' 10' AND PROVIDE DOUBLE THE LANDSCAPING REQUIRED IN INTERIOR VEHICULAR USE AREAS, TO INSTEAD NOT WHITE STRIPPING, R35' REQUIRE A VARIANCE AND ONLY PROVIDE THE NORMAL LANDSCAPING REQUIRED IN INTERIOR VEHICULAR 4" WIDE (TYP.) USE AREAS AS REQUIRED IN LDC SECTION 4.06.03. . . . . . . . . . . REV 10' 5.3. DEVIATION #22 SEEKS RELIEF FROM LDC SECTION 4.05.06.B, WHICH REQUIRES MINIMUM LOADING SPACES OF 20' 5.3. DEVIATION #22 SEEKS RELIEF FROM LDC SECTION 4.05.06.B, WHICH REQUIRES MINIMUM LOADING SPACES OF 24' R25' 20' 3, PLUS 1 FOR EACH 25,000 SF OVER 50,000 SF, TO INSTEAD ALLOW FOR A TOTAL OF 5 LOADING SPACES. 5.4. DEVIATION #23 SEEKS RELIEF FROM LDC SECTION 5.05.05.B.1, WHICH REQUIRES A MINIMUM 500 FT 20' 30' 20' 24' 20' 20' 24' 20' 20' 24' 20' 7' 24' 20' 20' SEPARATION BETWEEN FACILITIES WITH FUEL PUMPS, TO INSTEAD ALLOW A MAXIMUM 132 FT SEPARATION 20' 20' 24' 20' 20' 24' 20' 10' 20' 15' 20' 30' 20' 20' 24' BETWEEN THE COSTCO PARCEL AND THE 7-ELEVEN PARCEL LOCATED TO THE NORTH, SEPARATED BY RATTLESNAKE HAMMOCK ROAD, A 4-LANE ARTERIAL. 5.5. DEVIATION #24 SEEKS RELIEF FROM LDC SECTION 05.05.08.D.2.b.i, WHICH REQUIRES A TOTAL OF 45% 24' PROPOSED VERTICAL GLAZING ('GLASS')(GLASS) ON ON THE THE TOTAL TOTAL COMBINED COMBINED PRIMARY PRIMARY FACADES FACADES OF OF THE THE BUILDING, BUILDING, TO TO INSTEAD INSTEAD ALLOW ALLOW A A CURB (TYP.) COMBINATION OF GLAZING AND PLANTED TRELLIS FEATURES TO ACCOUNT FOR A TOTAL OF 23% (12% GLAZING & 11% PLANTED TRELLIS). 20' 5.6. DEVIATION #25 SEEKS RELIEF FROM LDC SECTION 05.05.08.D.4, WHICH REQUIRES VARIATIONS IN BUILDING FACADE MASSING GREATER THAN 150 LINEAR FEET TO INCLUDE A BREAK IN THE FACADE MASSING, TO INSTEAD ALLOW STRUCTURALLY ATTACHED PLANTED TRELLIS FEATURES AS AN ALTERNATIVE TO PROVIDE 20' AN ELEVATION BREAK OUT FOR VISUAL INTEREST ALONG THE BUILDING FACADE LENGTH. FUTURE OUTPARCEL 5.7. DEVIATION #26 SEEKS RELIEF FROM LDC SECTION 05.06.04.F.4, WHICH REQUIRES A MAXIMUM SIGNAGE SQUARE FOOTAGE IN NONRESIDENTIAL DISTRICTS OF 750 SF, TO INSTEAD ALLOW FOR AN INCREASE OF 367 24' R5' (U.N.O.) ±4.1 ACRES V 10' SF OVER THE MAXIMUM FOR A TOTAL OF 1,117 SF. R35' 6. BOUNDARY SURVEY AND TOPOGRAPHIC INFORMATION SHOWN HEREON IS TAKEN FROM A PLAN ENTITLED V V “ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, 20' PREPARED BY COLLIERS ENGINEERING & DESIGN. V V V R74' 7. THE HORIZONTAL DATUM IS RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM NAD1983 EAST (2011 20' R55' R56' ADJUSTMENT). THE VERTICAL DATUM IS RELATIVE TO NAVD 1988. V BUFFER PER LDC R25' 8. BENCHMARK REFERENCE: NGS BENCHMARK STAMP Y 526, ELEVATION: 11.42' (NAVD 1988). 24' 30' PROPOSED FLUSH PAVEMENT JOINT R5' (U.N.O.) R5' (U.N.O.) WHEEL 9. THE LIMITS OF FRESHWATER WETLANDS SHOWN HEREON ARE BASED ON A PLAN ENTITLED “ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, PREPARED BY STOP (TYP) V 20' COLLIERS ENGINEERING & DESIGN AND IS PRELIMINARY AND WAITING FOR FINAL APPROVAL. R35' R56' 20' 7' COSTCO 10. THE FLOOD ZONES DEPICTED HERON ARE BASED ON A PLAN ENTITLED “ALTA/NSPS LAND TITLE BOUNDARY & R74' DEMISED TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, PREPARED BY COLLIERS ENGINEERING 24' 20' 7' 20' AREA & DESIGN WHICH WAS PLOTTED BASED ON FEMA FLOOD INSURANCE RATE MAP NUMBER 12021C0606J, LAST REVISED 12.5' FEBRUARY 8, 2024. REVISED PARKING EXHIBIT BASED ON CURRENT DIMENSION PLAN DESCRIPTION . . . . . . . R25' REVISED PER FPL COMMENTS REVISED PER PDI REVIEW DATED 02/12/25 REVISED PER COUNTY SUFFICIENCY REVIEW COMMENTS DATED 01/27/25 103% OF CODE V OUTPARCEL 11. GEOTECHNICAL INFORMATION AND SOIL TEST PIT LOCATIONS SHOWN HEREON ARE AS PRESENTED IN A REPORT 24' 10' REQUIRED ACCESS DRIVE OVERFLOW FPL ENTITLED “COSTCO WHOLESALE WAREHOUSE: NAPLES, FL - CW23-1027 - GEOTECHNICAL ENGINEERING REPORT”, 18' . . . . . . . JEH SVD R15' DATED MARCH 27, 2024, PREPARED BY TERRACON. SVD SVD PARKING V EASEMENT 20' FOUR (4) DRAWN BY 670 STALLS LOADING PARKING 12. THIS SET OF PLANS IS NOT DEPICTING ENVIRONMENTAL CONDITIONS OR A CERTIFICATION/WARRANTY SPACES REGARDING THE PRESENCE OR ABSENCE OF ENVIRONMENTALLY IMPACTED SITE CONDITIONS. 30' . . . . . . . 20' 149 STALLS 13. THIS IS A SITE DEVELOPMENT PLAN AND UNLESS SPECIFICALLY NOTED ELSEWHERE HEREON, IS NOT A SURVEY. DATE 05/12/25 01/31/25 02/27/25 03/18/25 COLLIER BOULEVARD (COUNTY ROAD 951) V R74' 14. DO NOT SCALE DRAWINGS AS THEY PERTAIN TO ADJACENT AND SURROUNDING PHYSICAL CONDITIONS, . . . . . . . 4 1 2 3 24' R56' BUILDINGS, STRUCTURES, ETC. THEY ARE SCHEMATIC ONLY, EXCEPT WHERE DIMENSIONS ARE SHOWN THERETO. REV 15. THIS SET OF PLANS HAS BEEN PREPARED FOR THE PURPOSES OF MUNICIPAL AND AGENCY REVIEW AND APPROVAL. 11.5' V 20' THIS SET OF PLANS SHALL NOT BE UTILIZED AS CONSTRUCTION DOCUMENTS UNTIL ALL APPROVALS REQUIRED HAVE BEEN OBTAINED, ALL CONDITIONS OF APPROVAL HAVE BEEN SATISFIED AND THE DRAWINGS HAVE BEEN 9.3' STAMPED “ISSUED FOR CONSTRUCTION”. THIS SHALL INCLUDE APPROVAL OF ALL CATALOG CUTS, SHOP R74' DRAWINGS AND/OR DESIGN CALCULATIONS AS REQUIRED BY THE PROJECT OWNER AND/OR MUNICIPAL ENGINEER. 20' R56' PROPOSED 16. THE CONTRACTOR IS RESPONSIBLE FOR PROJECT SAFETY, INCLUDING PROVISION OF ALL APPROPRIATE SAFETY BUILDING MASONRY SETBACK PROPOSED PROPOSED PAINTED DEVICES AND TRAINING REQUIRED. COMPACTOR PROPOSED TRASH 24' LINE FLUSH 10' WHITE STRIPPING, SCREENING WITH COMPACTOR 4" WIDE (TYP.) 17. PRIOR TO ANY EXCAVATION, THE CONTRACTOR SHALL CALL 811 TO REQUEST A UTILITY MARKOUT. METAL GATE PAVEMENT 327.7' JOINT 18.5' 20' 18. THE COSTCO WAREHOUSE BUILDING WILL BE OF TYPE V-B CONSTRUCTION AND THE COSTCO FUEL FACILITY WILL 10' 24' 20' BE OF TYPE II-B CONSTRUCTION. 162,671 SF R40' 20' 18' SITE NOTES 52.5' R100' 1. BUILDING FOOTPRINT DIMENSIONS SHOWN HEREON ARE APPROXIMATE. FINAL BUILDING FOOTPRINT DIMENSIONS R70' FOR EACH BUILDING SHALL BE FURNISHED ON THE ARCHITECTURAL PLANS WHEN APPLYING FOR A BUILDING 24' PROPOSED CONCRETE R5' (U.N.O.) PERMIT. ALL STRUCTURES SHALL CONFORM TO THE APPROVED BULK ZONING REQUIREMENTS. R65' STEP OFF CURB (TYP.) PROPOSED 10' Russell T. McFall II STRUCTURALLY 2. CURB RAMPS ARE TO BE CONSTRUCTED FLUSH WITH THE FINISHED PAVEMENT SURFACE. ACCESSIBLE CURB RAMPS 20' FLORIDA PROFESSIONAL ENGINEER ATTACHED AND INSTALLED WITHIN THE PUBLIC RIGHT OF WAY ARE TO HAVE DETECTABLE WARNING SURFACES COMPLIANT WITH LICENSE NUMBER: PE75738 PLANTED TRELLIS (TYP) FEDERAL ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC ROW. COLLIERS ENGINEERING & DESIGN, INC. 20' 3. TRAFFIC SIGNAGE/STRIPING SHALL CORRESPOND TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 4. REFUSE AND RECYCLABLES SHALL BE STORED WITHIN OUTSIDE SCREENED COMPACTORS AS NOTED ON THE PLANS 495.5' 24' AND PICKED UP BY PRIVATE WASTE DISPOSAL HAULER. BUFFER PER LDC R5' (U.N.O.) LIGHT POLE R85' 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROPER DISPOSAL OF ALL WASTE MATERIALS IN ACCORDANCE SITEPARKING DEVELOPMENT EXHIBIT PLANS BASE (TYP) 20' 50' R65' WITH GOVERNING REGULATIONS AND AGENCIES. 24' 20' 6. THERE SHALL BE NO ON-SITE BURIAL OF CONSTRUCTION MATERIALS, TREE BRANCHES, STUMPS, OR OTHER LAKE 13 PROPOSED R50' GENERATORS 20' DELETERIOUS MATERIALS. FOR 43.9' ±0.50 ACRES 20' 7. MATERIALS, WORKMANSHIP, AND CONSTRUCTION FOR THE SITE IMPROVEMENTS SHOWN HEREON SHALL BE IN ACCORDANCE WITH: R20' 24' R25' A. THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, LATEST VERSION. BUILDING B. FLORIDA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE PROPOSED STRUCTURALLY ATTACHED SETBACK PROPOSED STRUCTURALLY ATTACHED 61' R25' AND PLANTED TRELLIS (TYP) CONSTRUCTION," LATEST VERSION. 20' 61' LINE AND PLANTED TRELLIS (TYP) C. CURRENT PREVAILING MUNICIPAL, COUNTY, AND/OR STATE AGENCY SPECIFICATIONS, STANDARDS, 30' CONDITIONS, AND REQUIREMENTS. D. CURRENT PREVAILING UTILITY COMPANY/AUTHORITY SPECIFICATIONS, STANDARDS, AND REQUIREMENTS. E. CURRENT MANUFACTURER SPECIFICATIONS, STANDARDS, AND REQUIREMENTS. PROPOSED RIGHT-IN 20' / LEFT-OUT ACCESS DRIVEWAY 11.5' EXISTING LEGEND PROPOSED R15' TRAVERSE LINE, CENTER LINE R20' 'LEFT ONLY' SIGN OR BASELINE (LABEL AS SUCH) 12+00 13+00 R50' R5' RIGHT OF WAY LINE R3' PROPOSED 49' PROPERTY LINE COLLIER COUNTY BUFFER PER LDC SAWCUT LINE (TYP) EDGE OF PAVEMENT FLORIDA FACE CURB EXTON 170' WIDE FPL BACK 410 Eagleview Boulevard, DEPRESSED CURB Suite 104 EASEMENT Engineering&Architecture,Surveying, Design, CT LandscapeP.C. Architecture, Exton, PA 19341 SIDEWALK Engineering Phone: 610.254.9140 COLLIERS ENGINEERING & DESIGN, INC. DOING & Design BUSINESS AS MASER CONSULTING X X FENCES X X TREELINE SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 01/17/25 SVD RTM REVIEWED BY: ROADWAY SIGNS PTH PROJECT NUMBER: DRAWING NAME: WETLAND LINE 24000317A C-LAYT 50 0 50 100 MUNICIPAL BOUNDARY LINE SHEET TITLE: STALL COUNT 10 DIMENSION PLAN SCALE : 1" = 50' ADA ACCESSIBLE STALL Linear unit of measure: US Survey Foot (1 ft = 1200/3937 m) V DEPRESSED CURB AND ADA RAMP HC SHEET NUMBER: DIRECTION OF TRAFFIC FLOW 3 of 18 UNAUTHORIZEDONLY MAPS WITH ALTERATION THE LAND SURVEYOR OR ADDITION OR PROFESSIONALTO A SURVEY OR ENGINEER'S ENGINEERING SEAL MAP ARE BEARING GENUINE A TRUE LICENSED AND CORRECTLAND SURVEYOR COPIES OROF THEPROFESSIONAL LAND SURVEYOR ENGINEER OR PROFESSIONAL IS A VIOLATION ENGINEER’S OF SECTION ORIGINAL 7209, SUB-DIVISION WORK AND 2,OPINION. OF THE NEW YORK STATE EDUCATION LAW. 2024\24000317A\Engineering\Site Plans\C-LAYT.dwg\C-03-Dimension Plan By: SDONLEVIE NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 600 of 6529 30 SF DIRECTIONAL / 34'-0" 3 34'-0" 3 34'-0" 3 TOTAL 250 SF / CODE 31'-0" 3 A 3 WAY-FINDING SIGNAGE COPING 31'-0" "MEDIUM DARK BRONZE" VERTICAL RIBBED PANEL "SURREY BEIGE" TRELLIS RONZE" CONNECTION TO THE BUILDING SEE VIEW 3 SPANDREL STRIPE KINGSPAN INSULATED METAL PANEL PART OF THE 250 SF @ NORTH ELEVATION 31 SF GLAZING "COSTCO RED" "METALLIC CHAMPAGNE" SMOOTH FACE CMU 1 NORTH ELEVATION (NTS) DIRECTIONAL "GRAY" COPING /WAY-FINDING "MEDIUM DARK SPANDREL GLAZING 3 34'-0" 32'-6" 3 SIGNANGE 32'-6" 3 B BRONZE" 31'-0" 3 COPING C 29'-6" 3 B SMOOTH FACE CMU "SAHARA BROWN" "MEDIUM DARK BRONZE" 3 16'-0" VERTICAL RIBBED PANEL "SURREY BEIGE" A TYPE TRELLIS B SCREEN METAL TRELLIS "PLANTED" ATTACHED TO 3 NE ENTRY ELEVATION (NTS) 2 EAST ELEVATION - NO SIGN (NTS) METAL CHANNEL SPANDREL VERTICAL RIBBED PANEL THE BUILDING TRELLIS OVERHEAD "MEDIUM DARK BRONZE" GLAZING "SURREY BEIGE" 3 3 34'-0" 3 3 34'-0" COPING 31'-0" 3 30'-0" 3 31'-0" A 250 SF / CODE 31'-0" 30'-0" 3 B "MEDIUM DARK BRONZE" A A A SCREEN METAL TRELLIS "PLANTED" ATTACHED TO THE BUILDING B SCREEN METAL B B B B A 4 SOUTH ELEVATION - HOSPITAL METAL CHANNEL TRELLIS "PLANTED" "MEDIUM DARK BRONZE" SMOOTH FACE CMU KINGSPAN INSULATED METAL PANEL (NTS) 250 SF / CODE VERTICAL RIBBED PANEL 3 34'-0" COPING "GRAY" "SANDSTONE" 3 31'-0" 31'-0" 3 34'-0" 3 "SURREY BEIGE" B "MEDIUM DARK BRONZE" A 30'-0" 3 TYPE TRELLIS TRELLIS CONNECTION TO THE BUILDING SIGNAGE AREA TABULATION - WALL SIGNS GREEN SIGNS DETERMINES QTY SIGN SIZE AREA (SF) EA TOTAL SF SIZES PER CODE A 4 COSTCO WHOLESALE 6'-0" "C" 286 SF 1,144 B 1 COSTCO WHOLESALE 5'-2" "C" 198 SF 198 C SMOOTH FACE CMU STRIPE VERTICAL RIBBED KINGSPAN INSULATED METAL PANEL 1 TIRE CENTER 17'-4" X 1'-9" 31 SF 31 5 D 1 LIQUOR SALES 18'-0" X 1'-9" 30 SF 30 WEST ELEVATION (NTS) "BUFF" "COSTCO RED" PANEL "SANDSTONE" "SURREY BEIGE" Elevation 1 & 3 combined exceed TOTAL SIGNAGE AREA 1,403 allowable display area by 36 sf +30 sf + 198 sf. Requires waiver for 264 sf of signage. 32'-0" 26'-8" 17'-4" 1 2 23 6'-0" 5'-0" 1'-9" B-198 sf (angled to rattlesnake) 52 C-31 sf (31 sf over) - C - 31 SF 22 - A - 286 SF - B - 198 SF A-286 sf (36 sf over) Requires variance for 31 sf of sign-age 6 SIGN PACKAGE 1'-9" 18'-0" LIQUOR SALES 2 PERMITTED SEPARATELY A-286 sf (36 sf over) 4 FROM THE MAIN BUILDING - D - 30 SF WAREHOUSE SIGNAGE ELEVATIONS APRIL 2024 | CW23-0567JANUARY 2025 | ALLEN, TEXAS PL20240011559 COLLIER COUNTY, FL (SOUTH NAPLES) Page 601 of 6529 COSTCO WHOLESALE NEIGHBORHOOD INFORMATION MEETING Date: February 18th, 2025 Time: 6:00 PM – 7:00 PM Meeting called to order by: Brad Wester, DMH&D IN ATTENDANCE • John Alvarado & Jim Ostrowski- Costco Wholesale representatives • Brad Wester – Driver McAfee Hawthorne & Diebenow (Agent) • David Torres – Hacienda Lakes of Naples, LLC (subject property owner) • Chris Riggle, PE - Colliers Engineering & Design (Civil Engineering) • Ryan Cunningham, PE – Kittleson & Associates (Traffic Engineering) • Juan Zapata – Ware Malcomb (Architectural) • Collier County planning department staff members • Laura Layden (attended virtually on the Microsoft ‘Teams’ video/audio link) • General public, news media, local residents & other community participants • Security personnel and owners of the Swamp Buggy Race/Rec Park facility MEETING MINUTES* Introduction by Brad Wester setting the tone as a recorded public meeting workshop (not a public hearing, but a Neighborhood Information Meeting) as part of the requirement to the group in attendance. Explanation of format of the meeting and timeframe. Identify the six graphic display boards showing project maps and details in the room. Frank Cipolla, the local opposition organizer spoke and thanked the crowd for the turnout and generally echoed what Brad said. Explanation that the facility is for a new Costco Wholesale store with gas on a site that is already commercially zoned for the use. The reason for NIM meeting is explain and present: 1. slight waivers/modifications to PUD Hacienda Lakes Development 2. gas facility within 500 feet of another gas facility (7-eleven) – requires waiver and public notice. This one is a member-only gas facility for Costco, unlike the 7-eleven. 1 Page 602 of 6529 QUESTIONS & ANSWERS Community member question (Q)– if you do not get the variance for gas use, will it kill the project? Team Answer (A) – right now it’s early in the process, going though comments Q – 135/140 feet from 7-eleven how will you get that waiver granted? A – Local law requires a 500ft separation, but the process allows the application/request to the county to review of all elements for a waiver. The difference is that this is a member-based service. Q - # of people/patrons getting fuel? Staffing A – that has been programmed into the design for maximum efficiency regarding cars using the facility – traffic and civil engineer in attendance to answer if needed. Q – how many lanes will it be? A – 12 fuel pumps double sided, to avoid line issues and maximize flow of vehicles. Q – where will queuing cars go? A – designed to hold 70 vehicles on site in the queuing lanes. Q – concern RE environmental impact of fueling/ gas facility, doesn’t matter how many cars there are. A – we are adhering to all the federal and local requirements. Q – concern of single entrance and exit and concerns of accidents A – there will be multiple access points to the main roadways. Q – seems like too much in one place A – it’s a commercially zoned site for this type of use already, inherently it comes with need for multiple access points, currently we have 3 – pointed to on physical maps. Q – elementary school nearby? A – cannot comment because not family with the specifics of the school– but it is a factor to the accepted traffic methodology current in review by the county. Q – why Costco has to go here? Is your reward predicted on Costco building in the Hacienda development? It seems ludicrous to take a facility like that with a service station and large building into this small property with 3,000 apartments being built with larger homes, there is larger property on Rt 41 South on way to Goodland where there is public complex. Recommended 2nd site on Collier Blvd as perfect place. Your 3rd entrance has been denied so there are only 2, the hospital should be against this for emergency vehicle access. A - this site is already commercially zoned, that’s one factor, Costco puts a lot of resources into research of the best locations for growth to provide best services and access to members. This is an ideal location for Costco Q – gas facility in proximity to another gas facility 2 Page 603 of 6529 A – this gas facility comes with the Costco store, its not abutting the other gas facility, its across the street and it is member based and not public open. Q – when was the last traffic impact study done regarding this and will there be another study be done? How will you address the amount of traffic that is coming? A – last traffic study was submitted in January. is currently in review and going back and forth with county comments. This site is already zoned commercial, its already programmed for a retail store like this. Q – how many people go through Costco in a day? A – traffic wise we anticipate 4500. Q – if you don’t get the waiver? A – its too early to say regarding the waiver, it still has to go through the full process Q – have you taken into account that there are 2 story apartments, nursing homes, etc. in the driving study? A – yes Q – Will there be another community meeting related to the waiver? A – going through the waiver process now, comments and responses, requesting this use specifically, there will be public hearings and there will be more information and detail on landscape, traffic, lighting, etc presented as part of the application details and hearing stage. Q – is there a way to get the gas station without the waiver? A – only if over 500 ft away per code. Q – is there a way to get that distance? A – may be a way to flip the plans, orientation and wayfinding is key to the site for Costco for the consumer, they’re going through the best plan possible now with the current orientation. Q – 500ft regulation is that for a safety concern? A – don’t have an answer but will find out Q – if you can get a waiver on safety. A – safety is # 1 for Costco too. Q – amount of traffic and trips on roadway A – traffic study is in the county’s hands and is public record, going back and forth on comments and responses Q – who do we go to for due process to provide their comments? A – staff, local elected officials and boards. Q – traffic concern, is a county comment – events in area create traffic that blocks the residents, and the road needs to be widened with a light there, she doesn’t have a problem with Costco but big concern for traffic 3 Page 604 of 6529 A – going through the process now with county staff for facility Q – traffic – how come study is at specific seasonal time? A – we have a methodology for studies, they followed that process. Q – traffic study – a lot of the new growth was not built yet A – factors of traffic study account for all uses, which started last May (2024) and submitted in Jan (2025). Q – traffic – appreciate studies done but don’t believe it to be accurate since the growth A – traffic methodology is agreed upon from the state level, not by us and going through comments and responses Q – about square footage A – it’s already approved in the PUD, as well as the access points, we are not increasing what is already allowed as square footage, or the use, its already defined as a specific commercial activity center, turn lanes and deceleration lanes are also included Q – 1 – are you looking for any other locations in SE Naples? Q – wouldn’t it be better south of that on E 41? Q – 2 – never seen stand alone Costco, usually in midst of other residential community like this. A – this is the site we are here to talk about tonight Q – why does Costco want to build there? A – Costco has a lot of resources in selecting a site, density, permissibility, and many other factors, this was an optimal site based on emerging growth and existing Costco in the area. They assess many factors. The biggest element is that it is already zoned for commercial use activity. Q – what is the effect of Costco for property values? A – don’t have an answer to property valuation that based on commercial use going into commercial property Q – about the study of environmental aspects, has Costco studied that? A – yes not only in the beginning, but Costco is always in compliance with all regulations federal, and state, unlike other facilities – its tied to operation of store so gas facility closes when the store closes. Q – gas facility on map A – infrastructure looks bigger but its built on whats there. Idk what hes saying less pumps for gas, not typical gas station, latest technology Q – construction vehicles entering and exiting site? A – dedicated loading facility and loading vehicles with products at night not during operating hours, they have it down to a science, its not in street, showed on map, regarding construction. Q – descriptions on delivery times? 4 Page 605 of 6529 A – only at night, during closed hours, not operating hours, you won’t see it from residential areas. Regarding construction – there is an element to the construction plan for maintenance of MOT – maintenance of traffic. I don’t have an answer of where it is but there is a specific plan. Q – children, grandchildren – how would you like 4500 cars daily – did you study the height of the traffic and emissions? A – study of cars emissions are not part of the study, different regulations for Naples than California. ANNOUNCEMENT TO WRAP UP MEETING DUE TO TIME EXPIRATION IN RESERVED ROOM *Meeting minutes are generalized and paraphrased. An audio recording of this meeting is also provided. 5 Page 606 of 6529Page 607 of 6529 The public is invited to attend a Neighborhood Information Meeting to discuss the proposed Costco Wholesale store and gas facility on: February 18, 2025, beginning at 6:00pm, at The Florida Sports Park Reception Hall, located at 8520 Rattlesnake Hammock Road, Naples, FL 34114, (the location of the World Famous Swamp Buggy Races). Formal applications have been submitted to Collier County seeking approval for the following: Insubstantial Change to Planned Unit Development (PDI- PL#20240011559) and Auto Service Station Waiver (ASW- PL#20240011790). The request is for a PDI (PL#20240011559) for relief from certain standards and an ASW (PL#20240011790) for a gas distance separation waiver for the development of a new Costco Wholesale store and gas facility located generally at the southeast corner of Rattlesnake Hammock Drive and Collier Boulevard on approximately 25-acres (County Parcel ID# 48586002021) in the Hacienda Lakes Mixed Use Planned Unit Development (MPUD). Project Location Map On-line participation in the meeting will be made available by request. If you have questions related to the project or would like to participate virtually, please contact the agent for the Costco Wholesale matters listed below. Bradley C. Wester Driver McAfee Hawthorne & Diebenow, PLLC. One Independent Drive, Suite 1200 Jacksonville, Florida 32202 904-301-1269 bcw@drivermcafee.com Page | 1 Page 608 of 6529 Page 609 of 6529Page 610 of 6529Page 611 of 6529Page 612 of 6529Page 613 of 6529Page 614 of 6529Page 615 of 6529Page 616 of 6529Page 617 of 6529Page 618 of 6529Page 619 of 6529Page 620 of 6529Page 621 of 6529Page 622 of 6529 GIS PROCESSING REQUEST (Property Notification Address Listing) Lists do not include Civic or Homeowner Associations. Submit completed form to DL-GMDNorthGIS@colliercountyfl.gov Please allow 3-5 business days for your request to be completed. NOTE: Incomplete or altered forms will not be accepted. Request Date: NIM Date (if scheduled): AGENT/APPLICANT INFORMATION Name of Agent/Applicant: Business: Telephone #: E-Mail: SITE LOCATION INFORMATION PL Number (required): Folio Number(s) of Property: and/or PUD Name (required) Buffer Distance Around Site Location (select one): [ ] 150 ft [ ] 500 ft [ ] 1,000 ft [ ] 1 Mile Properties Included (select all applicable): [ ] Internal [ ] External REQUESTED PRODUCTS Results: [ ] Names and Addresses Only [ ] Names, Addresses, and Property Descriptions Product(s) and Processing Fees [ ] Spreadsheet (MS Excel, Electronic) $70.00 [ ] Mailing Labels (Printed) $80.00 + $0.06 for every record over 1,500 [ ] Spreadsheet and Mailing Labels $85.00 + $0.11 for every record over 1,500 ADDITIONAL INFORMATION Disclaimer: The data used in this request belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided. As such, Collier County and its employees make no guarantees, implied or otherwise as to the accuracy or completeness. Collier County therefore do not accept any responsibilities as to its use. Page 623 of 65298360 SIERRA MEADOWS MOB LLC CCMR RESPONSIVE LLC COLLIER CNTY 841 PRUDENTIAL DR #200 RLC RESPONSIVE LLC TRANSPORTATION RIGHT-OF-WAY JACKSONVILLE, FL 32207---0 RLC RESPONSIVE PARTNERS LLC 2885 HORSESHOE DRIVE S ATTN: BARRY J HASKELL NAPLES, FL 34104---0 9777 VITRAIL LN DELRAY BEACH, FL 33446---0 COLLIER CNTY COLLIER CNTY COLLIER HMA INC TRANSPORTATION RIGHT-OF-WAY TRANSPORTATION RIGHT-OF-WAY % ALTUS GROUP 2885 HORSESHOE DRIVE S 2885 HORSESHOE DRIVE S PO BOX 92129 NAPLES, FL 34104---0 NAPLES, FL 34104---0 SOUTHLAKE, TX 76092---0 HACIENDA LAKES OF NAPLES LLC HACIENDA LAKES OF NAPLES LLC HACIENDA LAKES OF NAPLES LLC 7742 ALICO RD 7742 ALICO RD 7742 ALICO RD FORT MYERS, FL 33912---0 FORT MYERS, FL 33912---0 FORT MYERS, FL 33912---0 HACIENDA LAKES OF NAPLES LLC HAMMOCK PARK DEVELOPMENT LLC HAMMOCK PARK RESIDENTIAL LLC 7742 ALICO RD 7742 ALICO ROAD 7742 ALICO ROAD FORT MYERS, FL 33912---0 FT MYERS, FL 33912---0 FT MYERS, FL 33912---0 HAMMOCK WOODS LLC HAMMOCK WOODS LLC MHP FL VII LLLP 12580 UNIVERSITY DR STE 102 42 BARKLEY CIR STE 3 601 BRICKELL KEY DR # 700 FORT MYERS, FL 33907---5686 FORT MYERS, FL 33907---4543 MIAMI, FL 33131---0 MHP FL VII LLLP PX REALTY LLC RACETRAC INC 601 BRICKELL KEY DR #700 5355 TOWN CENTER RD #430 ATTN PROPERTY TAX DEPT MIAMI, FL 3313---0 BOCA RATON, FL 33486---0 200 GALLERIA PARKWAY SE STE 900 ATLANTA, GA 30339---0 RACETRAC INC S-H NAPLES DEVELOPMENT SIERRA MEADOWS PROPERTY ATTN PROPERTY TAX DEPT PROPCO LLC OWNERS ASSN INC 200 GALLERIA PARKWAY SE % DISCOVERY MANAGEMENT GROUP 24600 S TAMIAMI TRL # 212 STE 900 27599 RIVERVIEW CENTER BLVD BONITA SPRINGS, FL 34134---0 ATLANTA, GA 30339---0 STE 201 BONITA SPRINGS, FL 34134---0 SIERRA MEADOWS PROPERTY INC SIERRA MEADOWS PROPERTY INC TCW 2082 LLC 12580 UNIVERSITY DR STE 102 12580 UNIVERSITY DR STE 102 2082 TRADE CENTER WAY FORT MYERS, FL 33907---5686 FORT MYERS, FL 33907---5686 NAPLES, FL 34109---0 TRACT L DEVELOPMENT LLC 7742 ALICO ROAD FORT MYERS, FL 33912---0 Page 624 of 6529 Costco Wholesale Deviation & Justification List June 11, 2025 Deviations Descriptions & Justifications 1. A deviation from LDC Section 4.02.08 for relief from the maximum light pole height of 25 feet to a new maximum height of 36.5 feet. Justification: The 25 foot height standard will add up to 13 more poles to the overall site. The requested 36.5 foot height allows for a reduced amount of poles overall reducing visual clutter and will still adhere to the photometric standard at the property edge. 2. A deviation from LDC Section 4.05.04.C for relief from the additional requirement to obtain a variance and provide double the interior landscaping if the commercial project includes more than 120% of the required parking. The relief will not require a variance and allow the normal landscape requirements to apply to this commercial project. Justification: Per the enclosed parking exhibit, 149 spaces are depicted as overflow and provided in an existing FPL utility easement. 670 spaces are proposed outside the FPL easement on the main development area and is approximately 103% of the parking standard maximum, which is below the 120% threshold on-site. 3. A deviation from LDC Section 4.05.06.B for relief from the minimum loading spaces required (3 plus 1 for each 25,000 square feet over 50,000 square feet) for a total amount of 5 loading spaces, which is the standard for this type of Costco Wholesale store. Justification: The requested 5 loading spaces are the required amount for Costco Wholesale (4 at the store building and 1 at the gas facility). The required Code amount is excessive and not warranted for this Costco Wholesale use as customarily used. Current Costco standard is 4 loading spaces attached to the building and 1 at the fuel facility. This number of spaces is standard for Costco operations. There is no need for additional loading spaces. 4. A deviation from LDC Section 05.05.08.D.2.b.i for relief from the façade requirement for 15% of glazing (‘glass’) on primary facades for a reduction from the total 45% for all facades to a total of 23% (12% glazing and 11% planted trellis) per the architectural exhibit and descriptive chart included with this request. Justification: The building will incorporate planted metal trellises structurally attached to the building façade as an alternative to glazing in certain areas. This approach aims to mitigate the absence of glazing as much as possible, in alignment with the project program, while also contributing to the architectural aesthetics and functionality. Please see below calculations per elevation, totals provided by type and location, and overall totals compared to the overall provided. Page 625 of 6529 Costco Wholesale Deviation & Justification List June 11, 2025 5. A deviation from LDC Section 05.05.08.D.4 for relief from the required variations in building facades greater than 150 feet in length for a break in massing. Justification: For the variation on the massing, the structurally attached planted trellis is providing an elevation break out for visual interest variations along the façade length. They are also strategically placed to work with the project’s program while contributing to the architectural aesthetics and meeting the spirit and intent of the requirement. 6. A deviation from LDC Section 05.06.04.F.4 for relief from the maximum signage square footage requirement in nonresidential districts for a proposed total of 367 square feet over the maximum combined of 750 square feet. The proposed signage total is 1,117 square feet. Elevations 1 & 3 are the North facing elevations and are 264 square feet over the maximum required amount for the ‘Costco Wholesale’ signage and ‘Liquor Sales’ directional/way-finding signage combined. Elevation 2 is the East facing elevation and it's not permitted to have a ‘Costco Wholesale’ advertisement wall sign so it does not include one, but it will include a small non-illuminated 31 square foot directional/way-finding ‘Tire Center’ sign over the tire center entrance. Elevation 4 is the South elevation and is 36 square feet over the required amount for the ‘Costco Wholesale’ signage. Likewise, elevation 5 is the West elevation and is 36 square feet over the required amount for the ‘Costco Wholesale’ signage. Justification: The signage exhibit enclosed provides the required and relief request for a total of 367 square feet over the standard respectively, for the combined amount. This signage square footage increase is commensurate with the size of the building face for increased visibility for promotion, orientation and way-finding. Additionally, no other signage, including pole signs, ground signs, projecting signs and or other per LDC Section 5.06.04 is proposed for this site except for the requested signage on the face of the building. Page 626 of 6529 MAP OF SURVEY I N F O R M A T I O N O F F A C T THIS SURVEY WAS PREPARED WITH THE BENEFIT OF AMERICAN LAND TITLE ASSOCIATION COMMITMENT PREPARED BY "FIRST AMERICAN TITLE 1. THIS SURVEY AND PLAN IS BASED UPON THE FOLLOWING DATA AND/OR EXCEPTIONS: INSURANCE COMPANY", UNDER COMMITMENT NUMBER NCS-1199393-ATL, WITH A COMMITMENT DATE OF MAY 20, 2024 AT 07:30 AM. THE BELOW YES NO ITEM Engineering REFERENCED ITEMS ARE NUMBERED AS THEY APPEAR IN SCHEDULE B SECTION II OF THE TITLE COMMITMENT AS FOLLOWS: A.) OWNER X HACIENDA LAKES OF NAPLES, LLC. & Design SCHEDULE B-II EXCEPTIONS: B.) DEED OF RECORD X DEED BOOK 6170, PAGE 301 10. Matters shown on the Plat of Hacienda Lakes of Naples, recorded in Plat Book 55, Page 10; as affected by Scrivener's Affidavit recorded in Book 5154, X Page 316 of Official Records; as affected by Scrivener's Affidavit recorded in Book 5154, Page 318 of Official Records; as affected by Clerks Reference C.) FIELD SURVEY FIELD LOCATED ON 12/19/2023 www.colliersengineering.com Sheet recorded in Book 5024, Page 2448 of Official Records.(DOES AFFECT, PLOTTED) X D.) PLAT PLAT BOOK 55, PAGES 10 THROUGH 21, "HACIENDA LAKES OF NAPLES" Copyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing X and all the information contained herein is authorized for use only by the party for 11. The terms, provisions, and conditions contained in that certain Ordinance 75-20, by the board of County commissioners of Collier county, Florida, E.) TITLE REPORT FIRST AMERICAN TITLE INSURANCE COMPANY whom the services were contracted or to whom it is certified. This drawing may not recorded in Book 619, Page 1177 of Official Records; as affected by Ordinance 75-21, by the board of County commissioners of Collier county, Florida COMMITMENTS NUMBER: NCS-1199393-ATL be copied, reused, disclosed, distributed or relied upon for any other purpose recorded in Book 619, Page 1182 of Official Records. (DOES AFFECT, BLANKET IN NATURE) EFFECTIVE DATE: MAY 20, 2024 AT 7:30 AM without the express written consent of Colliers Engineering & Design. N X 12. Easement granted to Florida Power & Light Company by instrument recorded in Book 692, Page 774 of Official Records; as affected by Memorandum of F.) OTHER (SEE REFERENCES) Right-of-Way Consent Agreement recorded in Book 3857, Page 1047 of Official Records. (DOES AFFECT, PLOTTED) Doing Business as C O N S U L T I N G CERTIFIED TO : COSTCO WHOLESALE CORPORATION ENGINEERS + SURVEYING 13. Easement granted to Florida Power & Light Company by instrument recorded in Book 870, Page 343 of Official Records; as affected by Memorandum of FIRST AMERICAN TITLE INSURANCE COMPANY Right-of-Way Consent Agreement recorded in Book 3857, Page 1047 of Official Records. (DOES AFFECT, PLOTTED) HACIENDA LAKES OF NAPLES, LLC, A FLORIDA LIMITED LIABILITY COMPANY. PROTECT YOURSELF ALL STATES REQUIRE NOTIFICATION OF 2. AREAS: 14. Easement, granted from William Henry Martin and Inez L. Martin, his wife to Peter P. Hawryluk and Ann M. Hawryluk, recorded in Book 882, Page 1867 R EXCAVATORS, DESIGNERS, OR ANY PERSON TRACT G = 1,125,715.44 SQ. FT.± / 25.84 ACRES±. PREPARING TO DISTURB THE EARTH'S of Official Records. (DOES NOT AFFECT) SURFACE ANYWHERE IN ANY STATE 15. Covenants, Conditions and Restrictions as set forth in Warranty Deed recorded on September 10, 1999 as Book 2590, Page 2071, of Official Records, but 3. THIS IS TO CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS MAP OR PLAN IS THE RESULT OF A FIELD SURVEY PERFORMED ON 12/19/23, BY ME OR UNDER __________________________ MY DIRECT SUPERVISION, IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE "FLORIDA BOARD OF SURVEYORS AND MAPPERS." THE deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial INFORMATION DEPICTED HEREON, CORRECTLY REPRESENTS THE CONDITIONS FOUND AT, AND AS OF THE DATE OF THE FIELD SURVEY, EXCEPT SUCH IMPROVEMENTS OR status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). (DOES NOT AFFECT) FOR STATE SPECIFIC DIRECT PHONE NUMBERS W E EASEMENTS, IF ANY BELOW THE SURFACE AND NOT VISIBLE. ACCORDINGLY THE UNDERSIGNED PROFESSIONAL IS NOT RESPONSIBLE FOR THE PRESENCE OF UNDERGROUND VISIT: WWW.CALL811.COM UTILITIES OR STRUCTURES, IF SAME ARE NOT VISIBLE OR OTHERWISE DISCLOSED BY ANY AFOREMENTIONED DATA LISTED ABOVE. DEPARTMENTAPPROVED: CITY _______________________CITY PLANNINGOF OFCITY PITTSBURGH PLANNING COMMISSION ATTEST: _______________________ _______________________ CHAIRMAN 16. Covenants, Conditions and Restrictions as set forth in Warranty Deed recorded on March 18, 2003 as Book 3241, Page 3460, of Official Records, but _______________________SECRETARY deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial 4. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). (DOES NOT AFFECT) REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 5, 8, 11, 13, 14, OF TABLE A THEREOF, THE FIELDWORK WAS COMPLETED ON DECEMBER 19, 2023. 17. Terms and conditions of the Joint Access Easement Agreement between Vision & Faith, Inc., a Florida corporation and Collier HMA, Inc., a Florida corporation recorded in Book 3241, Page 3464 of Official Records; as affected by Amendment to Joint Access Easement Agreement recorded in Book 5. THE USE OF THE WORD "CERTIFY" OR "CERTIFICATION" CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THOSE FACTS OR FINDINGS WHICH ARE THE 4045, Page 2151 of Official Records. (DOES AFFECT, BLANKET IN NATURE) SUBJECT OF THE UNDERSIGNED PROFESSIONAL'S KNOWLEDGE, INFORMATION, AND BELIEF, AND IN ACCORDANCE WITH THE COMMONLY ACCEPTED PROCEDURE NORTH CONSISTENT WITH THE APPLICABLE STANDARDS OF PRACTICE, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE EITHER EXPRESSED OR IMPLIED. 18. The terms, provisions, and conditions contained in that certain Environmental Resource Permit Notice by South Florida Water Management District, recorded in Book 3845, Page 2681 of Official Records. (DOES AFFECT, BLANKET IN NATURE) 6. THE LOCATION OF ALL UNDERGROUND UTILITIES AS SHOWN HEREON ARE APPROXIMATE AND ARE BASED ON VISIBLE ABOVE GROUND STRUCTURES. NO EXCAVATIONS S WERE MADE DURING THE PROGRESS OF THIS SURVEY TO LOCATE BURIED UTILITIES/STRUCTURES, ADDITIONAL BURIED UTILITIES/STRUCTURES MAY BE ENCOUNTERED, THE 19. The terms, provisions, and conditions contained in that certain Order of Taking, recorded in Book 3910, Page 3745 of Official Records; as affected by CONTRACTOR SHALL HAVE ALL UNDERGROUND UTILITIES FIELD VERIFIED BY THE PROPER UTILITY COMPANIES BEFORE ANY CONSTRUCTION BEGINS. Stipulated Final Judgment recorded in Book 4631, Page 1163 of Official Records. (DOES AFFECT, PLOTTED) 7. HORIZONTAL DATUM = FLORIDA STATE PLANE COORDINATE SYSTEM (FL S.P.C.S.) NAD 1983 EAST(2011 ADJUSTMENT) WAS ESTABLISHED AT THE PROJECT SITE BASED ON REAL 20. The terms, provisions, and conditions contained in that certain Notice of Environmental Resource or Surface Water Management Permit by the South TIME KINEMATIC (RTK) GPS OBSERVATIONS. Florida Water Management District, recorded in Book 4765, Page 504 of Official Records. (DOES AFFECT, PLOTTED) 8. VERTICAL DATUM = NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) WAS ESTABLISHED AT THE PROJECT SITE BASED ON A NGS BENCHMARK STAMP Y 526 WITH AN 21. Terms and conditions of the Assignment of Residential Development Rights between Swamp Buggy, Inc., a Florida not-for-profit corporation and ELEVATION OF 11.42' (NAVD88). Hacienda Lakes of Naples, LLC, a Florida limited liability company recorded in Book 4845, Page 1286 of Official Records. (DOES NOT AFFECT) 9. THE UNDERSIGNED PROFESSIONAL IS NOT QUALIFIED TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF WETLANDS AND/OR TOXIC WASTES. THEREFORE IT SHOULD 22. Terms and conditions of the Assignment of Residential Development Rights between Collier County Junior Deputies League, Inc., a Florida not-for-profit NOT BE ASSUMED OR CONSTRUED THAT ANY STATEMENT IS BEING MADE BY THE FACT THAT NO EVIDENCE OF WETLANDS OR TOXIC WASTES IS PORTRAYED HEREON. IT IS corporation and Hacienda Lakes of Naples, LLC, a Florida limited liability company recorded in Book 4845, Page 1290 of Official Records. (DOES NOT IN THE BEST INTEREST OF THE CLIENT TO PURSUE THESE MATTERS AS SEPARATE CONCERNS APART FROM THIS SURVEY. AFFECT) 10. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY THE SURVEYOR. ALL INFORMATION REGARDING RECORD EASEMENTS, ADJOINERS, AND OTHER DOCUMENTS THAT 23. The terms, provisions, and conditions contained in that certain Notice of Department of the Army Permit, recorded in Book 4845, Page 2209 of Official MIGHT AFFECT THE QUALITY OF TITLE TO TRACT SHOWN HEREON WAS GAINED FROM A TITLE REPORT LISTED IN NOTE 1E ABOVE. Records. (DOES AFFECT, BLANKET IN NATURE) 11. THE PARCEL SHOWN HEREON LIES IN FLOOD ZONE "A, AE & X" PER THE FLOOD RATE MAP FOR COLLIER COUNTY, FLORIDA MAP NUMBER 12021C0606J, WITH A REVISION 24. The terms, provisions, and conditions contained in that certain Notice of Establishment of Hacienda Lakes Community Development District, recorded in DATE OF FEBRUARY 8, 2024 AS ESTABLISHED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). ALL FLOOD ZONE LINES SHOWN HEREON WERE DIGITIZED FROM Book 4852, Page 1137 of Official Records; as affected by Amended and Restated Notice of Establishment of the Hacienda Lakes Community FLOOD ZONE MAP. COLLIERS ENGINEERING & DESIGN MAKES NO GUARANTIES OR WARRANTIES ON LOCATION ACCURACY. Development District recorded in Book 5500, Page 3229 of Official Records. (DOES AFFECT, BLANKET IN NATURE) 12. THIS PLAN IS MADE FOR AND CERTIFIED TO THE PARTIES NAMED HEREON FOR THE PURPOSE(S) STATED. NO OTHER PURPOSE IS INTENDED NOR IMPLIED. THE UNDERSIGNED 25. The terms, provisions, and conditions contained in that certain Declaration of Consent to Jurisdiction of Hacienda Lakes Community Development PROFESSIONAL IS NEITHER RESPONSIBLE NOR LIABLE FOR THE USE OF THIS PLAN BEYOND ITS INTENDED PURPOSE. District and to Imposition of Special Assessments, recorded in Book 4928, Page 3894 of Official Records. (DOES AFFECT, BLANKET IN NATURE) 14. BASIS OF BEARING: THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK RD. ALSO BEING THE NORTHERLY BOUNDARY LINE OF TRACT G HAVING A BEARING 26. Temporary easement granted to Taylor Morrison of Florida Inc., a Florida corporation, according to instrument recorded in Book 4938 page 2470 of OF : N00°51'39" E (RTK) DESCRIPTION Official Records. (DOES NOT AFFECT, PLOTTED) . . . . . . . . . . 15. WETLAND LINE SHOWN HEREON WERE PREPARED BY COLLIERS ENGINEERING & DESIGN ON DECEMBER 8, 2023. WETLAND LINE ARE PRELIMINARY AND WAITING FOR FINAL 27. The terms, provisions, and conditions contained in that certain Notice of Adoption of a Development Order, recorded in Book 4968, Page 860 of Official APPROVAL. Records. (DOES AFFECT, BLANKET IN NATURE) . . . . . . . . . . 16. SUBJECT PROPERTY ACCESS RIGHT OF WAY: "RATTLESNAKE HAMMOCK ROAD/CR 864" 28. Easement, granted from Hacienda Lakes of Naples, LLC to Embarq Florida, Inc., d/b/a CenturyLink, recorded in Book 5009, Page 1293 of Official Records. DRAWN BY 17. THE PROPERTY HEREON DESCRIBED IS THE SAME AS THE PERTINENT PROPERTY AS DESCRIBED IN FIRST AMERICAN TITLE INSURANCE COMPANY'S, COMMITMENT NO. (DOES AFFECT, PLOTTED) NCS-119939-ATL, WITH AN EFFECTIVE DATE OF NOVEMBER 6, 2023. . . . . . . . . . . 29. Easement granted to Florida Power & Light Company by instrument recorded in Book 5010, Page 833 of Official Records. (DOES NOT AFFECT, PLOTTED) DATE 30. Easement granted to Florida Power Corporation by instrument recorded in Book 5103, Page 569 of Official Records. (DOES NOT AFFECT) . . . . . . . . . . REV 31. The terms, provisions, and conditions contained in that certain Vacation of Dedicated Easement, recorded in Book 5154, Page 313 of Official Records. (DOES AFFECT, PLOTTED) 32. Easement, granted from Hacienda Lakes of Naples, LLC, a Florida limited liability company to Hacienda Lakes Community Development District, a TRACT G, HACIENDA LAKES OF NAPLES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN Community Development district formed and existing pursuant to chapter 190, Florida Statues, its successors and assigns, recorded in Book 5154, Page LOCATION MAP PLAT BOOK 55, PAGES 10 THROUGH 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY, 320 of Official Records; as affected by Amendment to Sign Easement recorded in Book 5363, Page 382 of Official Records. (DOES AFFECT, PLOTTED) (NOT TO SCALE) FLORIDA. 33. The terms, provisions, and conditions contained in that certain Notice of Hurricane Vulnerability Zone, recorded in Book 5451, Page 531 of Official LESS AND EXCEPT ANY PORTION THEREOF, CONVEYED TO MHP FL VII, LLLP, A FLORIDA LIMITED Records. (DOES AFFECT, BLANKET IN NATURE) LIABILITY LIMITED PARTNERSHIP BY VIRTUE OF THAT CERTAIN SPECIAL WARRANTY DEED, 34. The terms, provisions, and conditions contained in that certain Recorded Notice of Environmental Resource Permit, recorded in Book 5942, Page 2406 RECORDED IN BOOK 6170, PAGE 301 OF OFFICIAL RECORDS, OF THE PUBLIC RECORDS OF of Official Records. (DOES AFFECT, BLANKET IN NATURE) COLLIER COUNTY, FLORIDA. 35. Easement, granted from Dr. Charles V. Gnau and Elizabeth K. Gnau, et. ux. to Collier County, Florida, Recorded in 981,Ppage 296. (Does not affect) PARCEL 2: 36. Matters shown on the Plat of Cadenza at Hacienda Lakes of Naples, recorded in Plat Book 74, Page 16. (Does not affect) EASEMENTS AND OTHER INTERESTS IN REAL PROPERTY AS SET FORTH IN THAT CERTAIN JOINT ACCESS EASEMENT AGREEMENT BETWEEN VISION & FAITH, INC., A FLORIDA CORPORATION 37. Easement, granted from Collier HMA Inc. to Collier County, Florida, recorded in Book 3958, Page 2205 of Official Records. (Does not affect) AND COLLIER HMA, INC., A FLORIDA CORPORATION RECORDED IN BOOK 3241, PAGE 3464 OF OFFICIAL RECORDS; AS AFFECTED BY AMENDMENT TO JOINT ACCESS EASEMENT AGREEMENT 38. Easement, granted from Sembler Family Partnership #42, ltd. to Collier HMA Inc., recorded in Book L E G E N D RECORDED IN BOOK 4045, PAGE 2151 OF OFFICIAL RECORDS. 4045, Page 2113 of Official Records. (Did affect at one time, however, expired November 30, 2006) 39. Riparian rights are not guaranteed or insured. Title to no portion of the herein described land lying - INDICATES MAG NAIL & DISK FOUND, UNLESS OTHERWISE NOTED below ordinary high water mark is hereby insured. - INDICATES REBAR W/ CAP FOUND, UNLESS OTHERWISE NOTED 40. Riparian and/or littoral rights are not insured. PRELIMINARY 41. ALTA/NSPS Land Title Survey prepared by Colliers Engineering & Design under certification and seal - INDICATES CONCRETE MONUMENT FOUND of Charles D. Ferraro, Florida Registered Land Surveyor No. 4768, dated February 14, 2024, last ALTA/NSPS LAND TITLE revised _______, 2024, designated as Project Jo. 21007015A, discloses the following matters: none BOUNDARY & TOPOGRAPHIC - INDICATES REBAR W/ CAP OR MAG NAIL SET, UNLESS OTHERWISE NOTED SURVEY NOTE: ALL OF THE RECORDING INFORMATION CONTAINED HEREIN REFERS TO THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, UNLESS OTHERWISE INDICATED. ANY REFERENCE HEREIN TO A BOOK AND PAGE IS A REFERENCE TO THE OFFICIAL RECORD BOOK OF SAID COUNTY, UNLESS FOR INDICATED TO THE CONTRARY. 18" REBAR WITH PLASTIC CAP PURSUANT TO SECTION 6(C)(ii) OF THE MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS (EFFECTIVE DATE 2021) DETAIL COLLIERS ENGINEERING & DESIGN HAS PLOTTED ANY RIGHTS OF WAY, EASEMENTS AND SERVITUDE'S BURDENING THE SURVEYED PROPERTY AS IDENTIFIED IN THE TITLE INSURANCE COMMITMENT PROVIDED BY THE CLIENT OR OBTAINED BY THE SURVEYOR AND STATED IF EACH IS “SHOWN” OR “NOT SHOWN” ON THE SURVEY. THIS CLIENT HAS REQUESTED THAT THE SURVEYOR STATE IF, AS AN OPINION, THE RIGHTS OF WAY, EASEMENTS AND SERVITUDE “AFFECT” OR “DO NOT AFFECT” THE SUBJECT PROPERTY. THESE OPINIONS ARE NOT TO BE CONSIDERED TO BE MADE WITH ANY LEGAL EXPRISE AND SHOULD BE REVIEWED BY CLIENT'S LEGAL REPRESENTATIVE TO VERIFY VALIDITY PRIOR TO RELYING ON THOSE STATEMENTS. TRACT G PLAT BOOK 55, PAGES 10 THROUGH 21 SEC. 23, TWS 50 SOUTH, RANGE 26 EAST CITY OF NAPLES COLLIER COUNTY FLORIDA TAMPA 7284 West Palmetto Park Rd Suite 201-S Boca Raton, FL 33433 ALTA/NSPS LAND TITLE BOUNDARY AND TOPOGRAPHIC SURVEY Engineering Phone: 561.717.6496 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL & Design COLLIERS ENGINEERING & DESIGN, INC. OF A FLORIDA LICENSED SURVEYOR AND MAPPER DOING BUSINESS AS MASER CONSULTING S U R V E Y O R ' S C E R T I F I C A T E THIS CERTIFIES THAT THE SURVEY REPRESENTED HEREON WAS PERFORMED UNDER SCALE: DATE: DRAWN BY: CHECKED BY: MY DIRECT SUPERVISION AND MEETS THE STANDARDS OF PRACTICE SET AS SHOWN 01/03/2024 KE REVIEWED BY: FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS CHAPTER PTH FL 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA PROJECT NUMBER: DRAWING NAME: STATUES, AND THAT THE SKETCH HEREON IS A TRUE AND ACCURATE REPRESENT- 21007015A V-SURV ATION THEREOF TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUBJECT TO NOTES FIELDPAGE:XX BOOK: AND NOTATIONS SHOWN HEREON. SHEET TITLE: BOUNDARY AND FO TOPOGRAPHIC SURVEY CABX SHEET NUMBER: H Y D DATE OF CHARLES D. FERRARO - REGISTERED LAND SURVEYOR 01 FIELD SURVEY: 02/14/2024 FLORIDA CERTIFICATION NO. 4768 of 02 UNAUTHORIZEDONLY MAPS WITH ALTERATION THE LAND SURVEYOR OR ADDITION OR PROFESSIONALTO A SURVEY OR ENGINEER'S ENGINEERING SEAL MAP ARE BEARING GENUINE A TRUE LICENSED AND CORRECTLAND SURVEYOR COPIES OROF THEPROFESSIONAL LAND SURVEYOR ENGINEER OR PROFESSIONAL IS A VIOLATION ENGINEER’S OF SECTION ORIGINAL 7209, SUB-DIVISION WORK AND 2,OPINION. OF THE NEW YORK STATE EDUCATION LAW. 2021\21007015A\Survey\Plans\V-SURV.dwg\SURVEY NOTES PG 1 By: DFERRARO NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 627 of 6529 H RATTLESNAKE HAMMOCK ROAD/CR 864 Y D H D H Y Y D TEPED Engineering & Design www.colliersengineering.com Copyright © 2024. Colliers Engineering & Design All Rights Reserved. This drawing G and all the information contained herein is authorized for use only by the party for whom the services were contracted or to whom it is certified. This drawing may not be copied, reused, disclosed, distributed or relied upon for any other purpose without the express written consent of Colliers Engineering & Design. FO G G Doing Business as C O N S U L T I N G TEPED ENGINEERS + SURVEYING PROTECT YOURSELF ALL STATES REQUIRE NOTIFICATION OF R EXCAVATORS, DESIGNERS, OR ANY PERSON PREPARING TO DISTURB THE EARTH'S SURFACE ANYWHERE IN ANY STATE __________________________ FOR STATE SPECIFIC DIRECT PHONE NUMBERS VISIT: WWW.CALL811.COM DEPARTMENTAPPROVED: CITY _______________________CITY PLANNINGOF OFCITY PITTSBURGH PLANNING COMMISSION ATTEST: _______________________ _______________________ CHAIRMAN _______________________SECRETARY TEPED E FO E E DESCRIPTION . . . . . . . . . . . . . . . . . . . . DRAWN BY TEPED . . . . . . . . . . H DATE Y D W . . . . . . . . . . REV COLLIER BOULEVARD (COUNTY ROAD 951) CURVE DATA PRELIMINARY ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR N PORTION TRACT G PLAT BOOK 55, PAGEs 10 THROUGH 21 SEC. 23, TWS 50 SOUTH, FO TEPEDTEPED G RANGE 26 EAST E TEPED TEPED W E CITY OF NAPLES TEPED COLLIER COUNTY H Y D FLORIDA NORTH HOLMDEL (Headquarters) G 101 Crawfords Corner Road, Suite 3400 H TEPED Y D TEPED Holmdel, NJ 07733 S Engineering Phone: 732.383.1950 COLLIERS ENGINEERING & DESIGN, INC. & Design DOING BUSINESS AS MASER CONSULTING 60 0 60 120 SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 01/03/2024 KE XXX REVIEWED BY: SCALE : 1" = 60' PTH Linear unit of measure: US Survey Foot (1 ft = 1200/3937 m) FL PROJECT NUMBER: DRAWING NAME: 21007015A V-SURV FIELDPAGE:XX BOOK: SHEET TITLE: ALTA/NSPS FO LAND TITLE SURVEY CABX SHEET NUMBER: H Y D 02 of 02 UNAUTHORIZEDONLY MAPS WITH ALTERATION THE LAND SURVEYOR OR ADDITION OR PROFESSIONALTO A SURVEY OR ENGINEER'S ENGINEERING SEAL MAP ARE BEARING GENUINE A TRUE LICENSED AND CORRECTLAND SURVEYOR COPIES OROF THEPROFESSIONAL LAND SURVEYOR ENGINEER OR PROFESSIONAL IS A VIOLATION ENGINEER’S OF SECTION ORIGINAL 7209, SUB-DIVISION WORK AND 2,OPINION. OF THE NEW YORK STATE EDUCATION LAW. 2021\21007015A\Survey\Plans\V-SURV.dwg\V-02-SURVEY By: DFERRARO NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 628 of 6529 GENERAL NOTES MOD: 09/10/24 N MCNJ-CVER-NOTE-1000 09/01/22 1. THE SUBJECT PROPERTY IS KNOWN AS PORTION OF TRACT 'G' OF HACIENDA LAKES OF NAPLES, TRACT G REPLAT, PLAT BOOK 55, PAGES 10 THROUGH 21. 2. THE PROPERTY IS LOCATED IN THE HACIENDA LAKES MIXED USE PLANNED UNIT DEVELOPMENT ZONE DISTRICT AND CONTAINS A TOTAL TRACT AREA OF ±1,125,715 SF, ±25.84 ACRES. Engineering&Architecture,Surveying, Design, CT LandscapeP.C. Architecture, OWNER: HACIENDA LAKES OF NAPLES, LLC APPLICANT: COSTCO WHOLESALE CORPORATION 7742 ALICO ROAD 45940 HORSESHOE DRIVE, SUITE 150 Engineering FORT MYERS, FL 33912 STERLING, VA 20166 904-762-4454 703-885-4002 & Design W E 3. THE SUBJECT PROPERTY IS PRESENTLY UNDEVELOPED, HEAVILY WOODED LAND WITH A CLEARED UTILITY BUFFER PER LDC EASEMENT ALONG THE EASTERN PROPERTY BOUNDARY. THE APPLICANT PROPOSES TO CLEAR THE REMAINDER OF www.colliersengineering.com THE PROPERTY AND FILL IT IN TO CONSTRUCT A COSTCO WHOLESALE WAREHOUSE WITH A FUEL FACILITY, PARKING LOTS, AND OTHER ASSOCIATED INFRASTRUCTURE. Copyright © 2025. Colliers Engineering & Design All Rights Reserved. This drawing (PENDING FPL and all the information contained herein is authorized for use only by the party for RATTLESNAKE HAMMOCK ROAD/CR 864 4. ZONE DATA: MPUD - MIXED USE PLANNED UNIT DEVELOPMENT whom the services were contracted or to whom it is certified. This drawing may not APPROVAL) be copied, reused, disclosed, distributed or relied upon for any other purpose FUTURE without the express written consent of Colliers Engineering & Design. NORTH REQUIRED EXISTING COSTCO OUTPARCEL ±1,125,715 SF 949,044 SF 176,677 SF PROPOSED MINIMUM LOT AREA 10,000 SF TRAFFIC ±25.84 ACRES 21.79 ACRES 4.06 ACRES Doing Business as C O N S U L T I N G MINIMUM LOT WIDTH 100 FT 1,235 FT 1,114 FT 253 FT ENGINEERS + SURVEYING S PROTECT YOURSELF PRINCIPAL BUILDING ALL STATES REQUIRE NOTIFICATION OF MINIMUM YARD (FROM LOT BOUNDARY) R EXCAVATORS, DESIGNERS, OR ANY PERSON BUFFER PER LDC 25 FT N/A 52.5 FT T.B.D. PREPARING TO DISTURB THE EARTH'S 37' MINIMUM YARD (FROM MPUD BOUNDARY) 25 FT N/A 61 FT T.B.D. SURFACE ANYWHERE IN ANY STATE PROPOSED PROPOSED SIGNAL MAXIMUM ZONED BUILDING HEIGHT 50 FT N/A 34 FT T.B.D. ___________________________ 210' DECELERATION FULL ACCESS SAWCUT BUILDING RIGHT TURN LANE DRIVEWAY LINE (TYP) MAXIMUM ACTUAL HEIGHT 60 FT N/A 34 FT T.B.D. SETBACK FOR STATE SPECIFIC DIRECT PHONE NUMBERS 210' DECELERATION PROPOSED MINIMUM FLOOR AREA 600 SF N/A 162,671 SF T.B.D. VISIT: WWW.CALL811.COM LINE R2' R25' RIGHT-IN/RIGHT-OUT DEPARTMENTAPPROVED: _______________________CITY OF OFCITY PITTSBURGH PLANNING RIGHT TURN LANE CITY _______________________ PLANNING CHAIRMAN COMMISSION ATTEST: _______________________ _______________________SECRETARY 11' R25' R35' R50' MINIMUM GROSS FLOOR AREA PER UNIT 600 SF N/A 162,671 SF T.B.D. DRIVEWAY R50' 20' R50' 11' R35' 5.9' ACCESSORY BUILDING MINIMUM YARD (FROM LOT BOUNDARY) 10 FT N/A 111.9 FT T.B.D. 7.4' R43' R45' 5.9' 50' MINIMUM YARD (FROM MPUD BOUNDARY) R60' 10.98' R25' 10 FT N/A 204 FT T.B.D. 7.8' 6' R25' MINIMUM DISTANCE BETWEEN STRUCTURES 10 FT N/A N/A T.B.D. 20' 63.5' R25' MAXIMUM ZONED BUILDING HEIGHT 25 FT N/A 8.92 FT T.B.D. 5' 60' MAXIMUM ACTUAL HEIGHT 30 FT N/A 8.92 FT T.B.D. 50' 15' 20' R45' MINIMUM GROSS FLOOR AREA PER UNIT 80 SF N/A 197 SF T.B.D. 4' 12' 12' 12' R25' 20' R50' R26' R50' 96.5' 33.4' 18' FUTURE FUEL 24' MAXIMUM BUILDING (LOT) COVERAGE N/A 0.00% 17.2% 25.5% * FACILITY R47.5' 15' 15' 24' MAXIMUM IMPERVIOUS COVERAGE N/A 1.48% 71.4% 51.0% * EXPANSION PROPOSED CONCRETE STEP OFF CURB (TYP.) R43' 20' 24' BUFFER 10 FT 10.98 FT 11 FT T.B.D. 20' R30' R65' 204' R20' R35' 112.6' R50' PARKING R20' 15' 15' 20' 8' USE: 1 SPACE/250 SF RETAIL/OFFICE AREAS 652 SPACES 0 SPACES 819 SPACES T.B.D. LOADING PER TABLE 18 IN COLLIER COUNTY 11.5' 30' 10' 45' 8 SPACES 0 SPACES 5 SPACES (V) T.B.D. LD CODE SECTION 4.05.06.B 126' 24' PROPOSED CONCRETE 92.5' 28' 24' 10' FUEL FACILITY GENERATOR STEP OFF CURB (TYP.) BUILDING ADA SPACES 2% TOTAL 0 SPACES 17 SPACES T.B.D. SETBACK LINE 7' 20' 30' 20' BUILDING AREA N/A 107 SF 162,868 SF 45,061 SF* THREE (3) - 40,000 10' GALLON FUEL NON-BUILDING IMPERVIOUS AREA N/A 16,541 SF 514,612 SF 45,028 SF* STORAGE TANKS 20' LAKE/WETLAND AREA N/A 848,716 SF 18,515 SF 3,265 SF* FUEL FACILITY ELECTRIC GREEN AREA N/A 260,352 SF 253,049 SF 83,323 SF* TRANSFORMER WITH BOLLARDS 24' (E) = PRE-EXISTING NON-CONFORMING CONDITION (V) = VARIANCE REQUIRED 24' DESCRIPTION R5' (U.N.O.) * = VALUES ARE ALLOTMENTS FOR THE FUTURE AND ARE NOT A PART OF THIS SITE DEVELOPMENT PLAN . . . . . . . . . . R25' RELOCATED STONE FPL 5. THE FOLLOWING DEVIATIONS (PER AMENDED EXHIBIT E LIST OF DEVIATIONS TO ORD. 22-18) ARE BEING REQUESTED 20' R10' . . . . . . . . . . AS A PART OF AUTO SERVICE STATION WAIVER (ASW) PL20240011790 AND PLANNED UNIT DEVELOPMENT R10' R35' SERVICE ROAD R10' INSUBSTANTIAL CHANGE (PDI) PL20240011559: 30' 111.9' FUEL FACILITY ONE (1) LOADING SPACE R5' (U.N.O.) 5.1. DEVIATION #20 SEEKS RELIEF FROM LDC SECTION 4.02.08, WHICH REQUIRES A MAXIMUM LIGHT POLE HEIGHT DRAWN BY PROPOSED CONCRETE 20' OUTPARCEL OF 25 FT, TO INSTEAD ALLOW A NEW MAXIMUM HEIGHT OF 36.5 FT. PROPOSED PAINTED KIOSK (197 SF) PROPOSED VERTICAL CURB (TYP.) STEP OFF CURB (TYP.) 5.2. DEVIATION #21 SEEKS RELIEF FROM LDC SECTION 4.05.04.C, WHICH REQUIRES COMMERCIAL PROJECTS WITH ACCESS DRIVE 5.2. DEVIATION #21 SEEKS RELIEF FROM LDC SECTION 4.05.04.C, WHICH REQUIRES COMMERCIAL PROJECTS WITH . . . . . . . . . . WHITE STRIPPING, 4" WIDE (TYP.) A MINIMUM 80 PARKING SPACES AND OFF-STREET PARKING IN EXCESS OF 120% TO OBTAIN A VARIANCE DATE R15' PROPOSED PAINTED 24' 10' AND PROVIDE DOUBLE THE LANDSCAPING REQUIRED IN INTERIOR VEHICULAR USE AREAS, TO INSTEAD NOT WHITE STRIPPING, R35' REQUIRE A VARIANCE AND ONLY PROVIDE THE NORMAL LANDSCAPING REQUIRED IN INTERIOR VEHICULAR 4" WIDE (TYP.) USE AREAS AS REQUIRED IN LDC SECTION 4.06.03. . . . . . . . . . . REV 10' 5.3. DEVIATION #22 SEEKS RELIEF FROM LDC SECTION 4.05.06.B, WHICH REQUIRES MINIMUM LOADING SPACES OF 20' 5.3. DEVIATION #22 SEEKS RELIEF FROM LDC SECTION 4.05.06.B, WHICH REQUIRES MINIMUM LOADING SPACES OF 24' R25' 20' 3, PLUS 1 FOR EACH 25,000 SF OVER 50,000 SF, TO INSTEAD ALLOW FOR A TOTAL OF 5 LOADING SPACES. 5.4. DEVIATION #23 SEEKS RELIEF FROM LDC SECTION 5.05.05.B.1, WHICH REQUIRES A MINIMUM 500 FT 20' 30' 20' 24' 20' 20' 24' 20' 20' 24' 20' 7' 24' 20' 20' SEPARATION BETWEEN FACILITIES WITH FUEL PUMPS, TO INSTEAD ALLOW A MAXIMUM 132 FT SEPARATION 20' 20' 24' 20' 20' 24' 20' 10' 20' 15' 20' 30' 20' 20' 24' BETWEEN THE COSTCO PARCEL AND THE 7-ELEVEN PARCEL LOCATED TO THE NORTH, SEPARATED BY RATTLESNAKE HAMMOCK ROAD, A 4-LANE ARTERIAL. 5.5. DEVIATION #24 SEEKS RELIEF FROM LDC SECTION 05.05.08.D.2.b.i, WHICH REQUIRES A TOTAL OF 45% 24' PROPOSED VERTICAL GLAZING ('GLASS')(GLASS) ON ON THE THE TOTAL TOTAL COMBINED COMBINED PRIMARY PRIMARY FACADES FACADES OF OF THE THE BUILDING, BUILDING, TO TO INSTEAD INSTEAD ALLOW ALLOW A A CURB (TYP.) COMBINATION OF GLAZING AND PLANTED TRELLIS FEATURES TO ACCOUNT FOR A TOTAL OF 23% (12% GLAZING & 11% PLANTED TRELLIS). 20' 5.6. DEVIATION #25 SEEKS RELIEF FROM LDC SECTION 05.05.08.D.4, WHICH REQUIRES VARIATIONS IN BUILDING FACADE MASSING GREATER THAN 150 LINEAR FEET TO INCLUDE A BREAK IN THE FACADE MASSING, TO INSTEAD ALLOW STRUCTURALLY ATTACHED PLANTED TRELLIS FEATURES AS AN ALTERNATIVE TO PROVIDE 20' AN ELEVATION BREAK OUT FOR VISUAL INTEREST ALONG THE BUILDING FACADE LENGTH. FUTURE OUTPARCEL 5.7. DEVIATION #26 SEEKS RELIEF FROM LDC SECTION 05.06.04.F.4, WHICH REQUIRES A MAXIMUM SIGNAGE SQUARE FOOTAGE IN NONRESIDENTIAL DISTRICTS OF 750 SF, TO INSTEAD ALLOW FOR AN INCREASE OF 367 24' R5' (U.N.O.) ±4.1 ACRES V 10' SF OVER THE MAXIMUM FOR A TOTAL OF 1,117 SF. R35' 6. BOUNDARY SURVEY AND TOPOGRAPHIC INFORMATION SHOWN HEREON IS TAKEN FROM A PLAN ENTITLED V V “ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, 20' PREPARED BY COLLIERS ENGINEERING & DESIGN. V V V R74' 7. THE HORIZONTAL DATUM IS RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM NAD1983 EAST (2011 20' R55' R56' ADJUSTMENT). THE VERTICAL DATUM IS RELATIVE TO NAVD 1988. V BUFFER PER LDC R25' 8. BENCHMARK REFERENCE: NGS BENCHMARK STAMP Y 526, ELEVATION: 11.42' (NAVD 1988). 24' 30' PROPOSED FLUSH PAVEMENT JOINT R5' (U.N.O.) R5' (U.N.O.) WHEEL 9. THE LIMITS OF FRESHWATER WETLANDS SHOWN HEREON ARE BASED ON A PLAN ENTITLED “ALTA/NSPS LAND TITLE BOUNDARY & TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, PREPARED BY STOP (TYP) V 20' COLLIERS ENGINEERING & DESIGN AND IS PRELIMINARY AND WAITING FOR FINAL APPROVAL. R35' R56' 20' 7' COSTCO 10. THE FLOOD ZONES DEPICTED HERON ARE BASED ON A PLAN ENTITLED “ALTA/NSPS LAND TITLE BOUNDARY & R74' DEMISED TOPOGRAPHIC SURVEY FOR COSTCO WHOLESALE”, DATED JANUARY 3, 2024, PREPARED BY COLLIERS ENGINEERING 24' 20' 7' 20' AREA & DESIGN WHICH WAS PLOTTED BASED ON FEMA FLOOD INSURANCE RATE MAP NUMBER 12021C0606J, LAST REVISED 12.5' FEBRUARY 8, 2024. DESCRIPTION . . . . . . . R25' REVISED PER FPL COMMENTS REVISED PER PDI REVIEW DATED 02/12/25 REVISED PER COUNTY SUFFICIENCY REVIEW COMMENTS DATED 01/27/25 V OUTPARCEL 11. GEOTECHNICAL INFORMATION AND SOIL TEST PIT LOCATIONS SHOWN HEREON ARE AS PRESENTED IN A REPORT 24' 10' ACCESS DRIVE ENTITLED “COSTCO WHOLESALE WAREHOUSE: NAPLES, FL - CW23-1027 - GEOTECHNICAL ENGINEERING REPORT”, 18' . . . . . . . JEH R15' DATED MARCH 27, 2024, PREPARED BY TERRACON. SVD SVD V 20' FOUR (4) DRAWN BY LOADING 12. THIS SET OF PLANS IS NOT DEPICTING ENVIRONMENTAL CONDITIONS OR A CERTIFICATION/WARRANTY SPACES REGARDING THE PRESENCE OR ABSENCE OF ENVIRONMENTALLY IMPACTED SITE CONDITIONS. 30' . . . . . . . 20' 13. THIS IS A SITE DEVELOPMENT PLAN AND UNLESS SPECIFICALLY NOTED ELSEWHERE HEREON, IS NOT A SURVEY. DATE 01/31/25 02/27/25 03/18/25 COLLIER BOULEVARD (COUNTY ROAD 951) V R74' 14. DO NOT SCALE DRAWINGS AS THEY PERTAIN TO ADJACENT AND SURROUNDING PHYSICAL CONDITIONS, . . . . . . . 1 2 3 24' R56' BUILDINGS, STRUCTURES, ETC. THEY ARE SCHEMATIC ONLY, EXCEPT WHERE DIMENSIONS ARE SHOWN THERETO. REV 15. THIS SET OF PLANS HAS BEEN PREPARED FOR THE PURPOSES OF MUNICIPAL AND AGENCY REVIEW AND APPROVAL. 11.5' V 20' THIS SET OF PLANS SHALL NOT BE UTILIZED AS CONSTRUCTION DOCUMENTS UNTIL ALL APPROVALS REQUIRED HAVE BEEN OBTAINED, ALL CONDITIONS OF APPROVAL HAVE BEEN SATISFIED AND THE DRAWINGS HAVE BEEN 9.3' STAMPED “ISSUED FOR CONSTRUCTION”. THIS SHALL INCLUDE APPROVAL OF ALL CATALOG CUTS, SHOP R74' DRAWINGS AND/OR DESIGN CALCULATIONS AS REQUIRED BY THE PROJECT OWNER AND/OR MUNICIPAL ENGINEER. 20' R56' PROPOSED 16. THE CONTRACTOR IS RESPONSIBLE FOR PROJECT SAFETY, INCLUDING PROVISION OF ALL APPROPRIATE SAFETY BUILDING MASONRY SETBACK PROPOSED PROPOSED PAINTED DEVICES AND TRAINING REQUIRED. COMPACTOR PROPOSED TRASH 24' LINE FLUSH 10' WHITE STRIPPING, SCREENING WITH COMPACTOR 4" WIDE (TYP.) 17. PRIOR TO ANY EXCAVATION, THE CONTRACTOR SHALL CALL 811 TO REQUEST A UTILITY MARKOUT. METAL GATE PAVEMENT 327.7' JOINT 18.5' 20' 18. THE COSTCO WAREHOUSE BUILDING WILL BE OF TYPE V-B CONSTRUCTION AND THE COSTCO FUEL FACILITY WILL 10' 24' 20' BE OF TYPE II-B CONSTRUCTION. 162,671 SF R40' 20' 18' SITE NOTES 52.5' R100' 1. BUILDING FOOTPRINT DIMENSIONS SHOWN HEREON ARE APPROXIMATE. FINAL BUILDING FOOTPRINT DIMENSIONS R70' FOR EACH BUILDING SHALL BE FURNISHED ON THE ARCHITECTURAL PLANS WHEN APPLYING FOR A BUILDING 24' PROPOSED CONCRETE R5' (U.N.O.) PERMIT. ALL STRUCTURES SHALL CONFORM TO THE APPROVED BULK ZONING REQUIREMENTS. R65' STEP OFF CURB (TYP.) PROPOSED 10' Russell T. McFall II STRUCTURALLY 2. CURB RAMPS ARE TO BE CONSTRUCTED FLUSH WITH THE FINISHED PAVEMENT SURFACE. ACCESSIBLE CURB RAMPS 20' FLORIDA PROFESSIONAL ENGINEER ATTACHED AND INSTALLED WITHIN THE PUBLIC RIGHT OF WAY ARE TO HAVE DETECTABLE WARNING SURFACES COMPLIANT WITH LICENSE NUMBER: PE75738 PLANTED TRELLIS (TYP) FEDERAL ACCESSIBILITY GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC ROW. COLLIERS ENGINEERING & DESIGN, INC. 20' 3. TRAFFIC SIGNAGE/STRIPING SHALL CORRESPOND TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. 4. REFUSE AND RECYCLABLES SHALL BE STORED WITHIN OUTSIDE SCREENED COMPACTORS AS NOTED ON THE PLANS 495.5' 24' AND PICKED UP BY PRIVATE WASTE DISPOSAL HAULER. BUFFER PER LDC R5' (U.N.O.) LIGHT POLE R85' 5. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROPER DISPOSAL OF ALL WASTE MATERIALS IN ACCORDANCE SITE DEVELOPMENT PLANS BASE (TYP) 20' 50' R65' WITH GOVERNING REGULATIONS AND AGENCIES. 24' 20' 6. THERE SHALL BE NO ON-SITE BURIAL OF CONSTRUCTION MATERIALS, TREE BRANCHES, STUMPS, OR OTHER LAKE 13 PROPOSED R50' GENERATORS 20' DELETERIOUS MATERIALS. FOR 43.9' ±0.50 ACRES 20' 7. MATERIALS, WORKMANSHIP, AND CONSTRUCTION FOR THE SITE IMPROVEMENTS SHOWN HEREON SHALL BE IN ACCORDANCE WITH: R20' 24' R25' A. THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, LATEST VERSION. BUILDING B. FLORIDA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE PROPOSED STRUCTURALLY ATTACHED SETBACK PROPOSED STRUCTURALLY ATTACHED 61' R25' AND PLANTED TRELLIS (TYP) CONSTRUCTION," LATEST VERSION. 20' 61' LINE AND PLANTED TRELLIS (TYP) C. CURRENT PREVAILING MUNICIPAL, COUNTY, AND/OR STATE AGENCY SPECIFICATIONS, STANDARDS, 30' CONDITIONS, AND REQUIREMENTS. D. CURRENT PREVAILING UTILITY COMPANY/AUTHORITY SPECIFICATIONS, STANDARDS, AND REQUIREMENTS. E. CURRENT MANUFACTURER SPECIFICATIONS, STANDARDS, AND REQUIREMENTS. PROPOSED RIGHT-IN 20' / LEFT-OUT ACCESS DRIVEWAY 11.5' EXISTING LEGEND PROPOSED R15' TRAVERSE LINE, CENTER LINE R20' 'LEFT ONLY' SIGN OR BASELINE (LABEL AS SUCH) 12+00 13+00 R50' R5' RIGHT OF WAY LINE R3' PROPOSED 49' PROPERTY LINE COLLIER COUNTY BUFFER PER LDC SAWCUT LINE (TYP) EDGE OF PAVEMENT FLORIDA FACE CURB EXTON BACK 410 Eagleview Boulevard, DEPRESSED CURB Suite 104 Engineering&Architecture,Surveying, Design, CT LandscapeP.C. Architecture, Exton, PA 19341 SIDEWALK Engineering Phone: 610.254.9140 COLLIERS ENGINEERING & DESIGN, INC. DOING & Design BUSINESS AS MASER CONSULTING X X FENCES X X TREELINE SCALE: DATE: DRAWN BY: CHECKED BY: AS SHOWN 01/17/25 SVD RTM REVIEWED BY: ROADWAY SIGNS PTH PROJECT NUMBER: DRAWING NAME: WETLAND LINE 24000317A C-LAYT 50 0 50 100 MUNICIPAL BOUNDARY LINE SHEET TITLE: STALL COUNT 10 DIMENSION PLAN SCALE : 1" = 50' ADA ACCESSIBLE STALL Linear unit of measure: US Survey Foot (1 ft = 1200/3937 m) V DEPRESSED CURB AND ADA RAMP HC SHEET NUMBER: DIRECTION OF TRAFFIC FLOW 3 of 18 UNAUTHORIZEDONLY MAPS WITH ALTERATION THE LAND SURVEYOR OR ADDITION OR PROFESSIONALTO A SURVEY OR ENGINEER'S ENGINEERING SEAL MAP ARE BEARING GENUINE A TRUE LICENSED AND CORRECTLAND SURVEYOR COPIES OROF THEPROFESSIONAL LAND SURVEYOR ENGINEER OR PROFESSIONAL IS A VIOLATION ENGINEER’S OF SECTION ORIGINAL 7209, SUB-DIVISION WORK AND 2,OPINION. OF THE NEW YORK STATE EDUCATION LAW. 2024\24000317A\Engineering\Site Plans\C-LAYT.dwg\C-03-Dimension Plan By: SDONLEVIE NOTE: DO NOT SCALE DRAWINGS FOR CONSTRUCTION. Page 629 of 6529 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 9:00 A.M. on July 17, 2025, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL to consider: AN ORDINANCE AMENDING ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT, TO APPROVE AN INSUBSTANTIAL CHANGE TO THE PUD, TO ADD DEVIATIONS FOR RELIEF FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE RELATING TO ARCHITECTURAL GLAZING STANDARDS, BUILDING FAÇADE MASSING, LIGHT FIXTURE HEIGHTS, LOADING SPACES, LANDSCAPE STANDARDS FOR INTERIOR VEHICULAR USE AREAS, AND SIGNAGE, TO REVISE A TRANSPORTATION COMMITMENT, AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PARCEL IS IN THE COMMERCIAL TRACT OF THE MPUD AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011559] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND DEVELOPMENT CODE, FOR DEVELOPMENT OF A COSTCO WHOLESALE, WITH A RESULTING SEPARATION DISTANCE OF 132 FEET FROM THE PROPERTY LINE OF THE EXISTING 7-ELEVEN. THE SUBJECT PROPERTY IS LOCATED IN THE COMMERCIAL TRACT OF THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011790] Page 630 of 6529 All interested parties are invited to appear and be heard. Copies of the proposed Ordinance will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401, Naples, FL 34112, one (1) week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to July 17, 2025. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov Any person who decides to appeal any decision of the Collier County Planning Commission (CCPC) 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 631 of 6529 Collier County Planning Commission Joseph K. Schmitt, Chairman Page 632 of 6529 PUBLIC HEARING NOTICE Collier County Planning Commission: Costco Wholesale (PDI) & (ASW) Date: 7/17/2025 Petition Type: Planned Unit Development Time: 09:00 AM Insubstantial Change & Auto Service Station Location: 3299 Tamiami Trail East, Building F, Waiver Naples, FL 34112 Petition No.: PL20240011559 & PL20240011790 Planner Name: Sean Sammon Phone: (239) 252-8422 This is to advise you of an upcoming public hearing Meeting information: Individual speakers may be because you may have interest in the proceedings, limited to five (5) minutes on any item. Persons or you own property located near the vicinity of the wishing to have written or graphic materials included following property. in the agenda packets must submit materials a minimum of ten (10) days prior to the respective public hearing, to the county staff member noted above. All material used in presentations before the Collier County Planning Commission will become a permanent part of the record. Any person who decides to appeal a decision of the Collier County Planning Commission will need a record of the proceedings pertaining thereto and 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. For more information, or to register to participate If you are a person with a disability who needs any remotely: https://bit.ly/Public__Hearings accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the *Remote participation is provided as a courtesy and provision of certain assistance. Please contact the is at the user’s risk. The County is not responsible Collier County Facilities Management Department, for technical issues. located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. This petition and other pertinent information related to this petition is kept on file and may be reviewed at For difficulties registering please call Ailyn Padron at the Growth Management Community Development (239) 252-5187 or email to Department building located at 2800 North ailyn.padron@CollierCountyFL.Gov. Horseshoe Drive, Naples, Florida 34104. See reverse for more information Page 633 of 6529 Collier County Planning Commission to consider the following: AN ORDINANCE AMENDING ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT, TO APPROVE AN INSUBSTANTIAL CHANGE TO THE PUD, TO ADD DEVIATIONS FOR RELIEF FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE RELATING TO ARCHITECTURAL GLAZING STANDARDS, BUILDING FAÇADE MASSING, LIGHT FIXTURE HEIGHTS, LOADING SPACES, LANDSCAPE STANDARDS FOR INTERIOR VEHICULAR USE AREAS, AND SIGNAGE, TO REVISE A TRANSPORTATION COMMITMENT, AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PARCEL IS IN THE COMMERCIAL TRACT OF THE MPUD AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011559] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND DEVELOPMENT CODE, FOR DEVELOPMENT OF A COSTCO WHOLESALE, WITH A RESULTING SEPARATION DISTANCE OF 132 FEET FROM THE PROPERTY LINE OF THE EXISTING 7-ELEVEN. THE SUBJECT PROPERTY IS LOCATED IN THE COMMERCIAL TRACT OF THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011790] Page 634 of 6529SOUTH FRONTAGE Page 635 of 6529 NORTH FRONTAGE Page 636 of 6529WEST FRONTAGE Page 637 of 6529 ORDINANCE NO. 2025-_____ AN ORDINANCE AMENDING ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT, TO APPROVE AN INSUBSTANTIAL CHANGE TO THE PUD, TO ADD DEVIATIONS FOR RELIEF FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE RELATING TO ARCHITECTURAL GLAZING STANDARDS, BUILDING FAÇADE MASSING, LIGHT FIXTURE HEIGHTS, LOADING SPACES, LANDSCAPE STANDARDS FOR INTERIOR VEHICULAR USE AREAS, AND SIGNAGE, AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PARCEL IS IN THE COMMERCIAL TRACT OF THE MPUD AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD [PL20240011559] WHEREAS, on October 25, 2011, the Board of County Commissioners approved Ordinance No. 11-41, which established the Hacienda Lakes Mixed-Use Planned Unit Development (MPUD) zoning district; and WHEREAS, on May 22, 2022, the Board of County Commissioners approved Ordinance No. 2022-18, which amended the Hacienda Lakes MPUD; and WHEREAS, Costco Wholesale Corporation, a Washington corporation, represented by Brad C. Wester of Driver McAfee Hawthorne & Diebenow, PLLC, filed a petition to request approval of an insubstantial change to the Hacienda Lakes MPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO EXHIBIT E, LIST OF DEVIATIONS, ATTACHED TO ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA LAKES MPUD Exhibit “E” attached to Ordinance No. 11-41, as amended, the Hacienda Lakes MPUD, is hereby amended and replaced with Exhibit “E” and Exhibit “E-5”, attached hereto and incorporated herein by reference. [24-CPS-02559/1971349/1]158 Text underlined is added; text struck-through is deleted. Hacienda Lakes/PL20240011559 1 of 2 9/23/25 Page 638 of 6529SECTION TWO: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ______ day of __________________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _______________________ By: ____________________________________ Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: _________________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney Exhibit E – Revised List of Requested Deviations Exhibit E-5 – Costco- Elevation and Signage Exhibit [24-CPS-02559/1971349/1]158 Text underlined is added; text struck-through is deleted. Hacienda Lakes/PL20240011559 2 of 2 9/23/25 Page 639 of 6529 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Subsection 6.06.01.B, relateD to streets in subDivisions, that requires subDivisions to have platteD roaD rights- of-way for streets, to allow private streets to be proviDeD by separate access easements rather than platteD roaD rights-of-way. Deviation #2 seeks relief from LDC Section 5.04.04.B.5.c that limits the number of moDel homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project but shall not exceeD a total of 60 moDels for the entire MPUD development. Deviation #3 seeks relief from LDC Section 5.06.02 to allow " bounDary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for " bounDary markers" to be in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limiteD in LDC Subsection 5.06.02B.6.b. Deviation #4 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet, to allow fences or walls to be no greater than eight (8') feet throughout the development. Where associated greater with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installeD as a wall, berm, or wall/ berm combination. Deviation #5 seeks relief from LDC Sections 4.02.13.G., anD 4.06.02.C.5., that requires a six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six-foot wall, or berm, or combination thereof will not be requireD on the Business Park Tract along the frontage of Lord' s Way. Deviation #6 seeks to allow one real estate sign in aDDition to the real estate signage permitteD in LDC Section5.06.02.B.2., that woulD be erected off-site from the ResiDential Tract, in the Commercial Tract. Deviation #7 The existing Swamp Buggy sign locateD in the southeast corner of Rattlesnake Hammock Road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extenD Rattlesnake Hammock RoaD, anD/or a new sign can be permitted in Tract C. Deviation #8 seeks relief from LDC Section 5.05.04.D.1. that limits care unit Floor Area Ratio (FAR) to 0.45, to allow a care unit FAR of 0.60. Deviation #9 seeks relief from LDC Section 5.06.02.B.6, which allows two (2) grounD or wall signs per entrance to a residential development with a maximum height of 8 feet, to allow for one (1) ground sign with a maximum height of 13 feet at the entrance to EsplanaDe at Hacienda Lakes as shown on Attachment E- 2, Esplanade at Hacienda Lakes Entry Sign Location Map. Deviation #10 seeks relief from LDC Section 5.06.02.B.6, which allows for a maximum height of 8 feet for residential entry signs, to allow for a maximum sign height of 10 feet for residential entry signage at Azure at HacienDa Lakes as DepicteD on Exhibit E- 3, Azure at HacienDa Lakes Primary Sign Plan Elevation Exhibit, Sheet 1 of 3, attached hereto. September 17, 2025 Page 1 of 3 PL20240011559 Page 640 of 6529 Deviation #11 seeks relief from LDC Section 5.06.02.B.6.b, which permits two ( 2) grounD or wall signs per entrance to the development with a combined sign area of 64 square feet, to allow for one ( 1) total ground or wall sign with a maximum sign area of 80 square feet at the entrance to the Azure at HacienDa Lakes as DepicteD on Exhibit E- 3, Azure at Hacienda Lakes Primary Sign Plan Elevation Exhibit, Sheet 1 of 3, attached hereto. Deviation #12 seeks relief from LDC Section 6.06.01.J, which prohibits deaD-end streets, to allow one (1) deaD-end street at the terminus of a local street within the Azure at Hacienda Lakes residential development, as depicted on Exhibit E-3, Sign Location Map, Sheet 3 of 3, attached hereto. Deviation #13 seeks relief from LDC Section 4.05.02.F, which requires that off-street parking must be arranged so that no motor vehicles have to back onto any street, excluding single- family anD two- family residential dwellings anD churches, to allow for back out parking from the proposed off-street parking for multi-family dwellings within the Azure at HacienDa Lakes residential development, as depicteD on Exhibit B-2, attached hereto. Deviation #14 seeks relief from LDC Section 5.06.02.B.6, which allows for a maximum height of 8 feet for residential entry signs, to allow for a maximum sign height of 12 feet for residential entry signage at HacienDa Lakes - North Area as DepicteD on Exhibit E- 4, Hacienda Lakes - North Area Sign Deviation Exhibit, Sheet 2 of 2, attacheD hereto. Deviation #15 seeks relief from LDC Section 5.06.02.B.6.b, which permits two (2) grounD or wall signs per entrance to the development with a combined sign area of 64 square feet, to allow for two (2) ground or wall signs that are 64 square feet each. which include signage for each of the residential developments which share access to Collier BoulevarD at the entrance to the HacienDa Lakes - North Area, as DepicteD on Exhibit E-4, HacienDa Lakes – North Area Sign Deviation Exhibit, Sheet 1of 2, attached hereto. This deviation is subject to conditions that secondary signage is specifically for the two "R" Tract properties labeleD "Future Development" that are immeDiately fronting anD aDjacent to the intersection of the entry roaD with Collier Boulevard, anD no other signage for these two "R" Tract properties is permitted facing Collier BoulevarD. Deviation #16 seeks relief from LDC Section 5.06.02.B.14, which allows bounDary marker signs to be a maximum of 24 square feet to allow for two bounDary marker signs with a maximum of 32 square feet at the HacienDa Lakes – North Area, as DepicteD on Exhibit B -4, HacienDa Lakes – North Area Sign Deviation Exhibit, Sheet 1 of 2, attacheD hereto. Deviation #17 seeks relief from LDC Section 6.06.01.J, which prohibits deaD-end streets except when designed as a cul-de-sac, to allow one (1) deaD-end street at the terminus of a local street within the HacienDa Lakes - North Area resiDential Development, as DepicteD on Exhibit E-4, Hacienda Lakes - North Area Sign Deviation Exhibit, Sheet 1 of 2, attached hereto. Deviation #18 seeks relief from LDC Section 4.06.02, which requires lanDscape buffers to separate developments, to allow for no buffer along the northern PUD boundary in either or both of the following circumstances: 1) West of the FPL easement if the abutting properties are rezoneD or amenDeD to provide for a unifieD development plan of the northern property (currently Agriculture- zoned property) and the HacienDa Lakes - North Area properties prior to approval of an SDP or PPL; 2) East of the FPL easement if the abutting property to the north (currently Willow Run RPUD) is rezoneD to provide for no aDjacent buffer, as depicted on Exhibit C-2, attached hereto. September 17, 2025 Page 2 of 3 PL20240011559 Page 641 of 6529 Deviation #19 seeks relief from LDC Section 5.03.02.C.2, which permits a maximum fence/ wall height of 6 feet in residential zoning districts, to instead allow for a decorative wall with maximum height of 14 feet in the location shown on Exhibit C-2, attached hereto. DEVIATIONS #20 THROUGH #25 APPLY TO THE WESTERN 25.86 (+/-) ACRES OF TRACT G OF THE HACIENDA LAKES OF NAPLES PLAT RECORDED IN PB 55 PAGE 19, LOCATED AT THE CORNER OF RATTLESNAKE HAMMOCK ROAD AND COLLIER BOULEVARD (THE “COSTCO PARCEL”) Deviation #20 seeks relief from LDC Section 4.02.08, which requires a maximum light pole height of 25 feet, to insteaD allow a new maximum height of 36.5 feet. Deviation #21 seeks relief from LDC Section 4.05.04.C, which requires commercial projects with a minimum 80 parking spaces anD off-street parking in excess of 120% to obtain a variance and provide double the landscaping required in interior vehicular use areas, to instead not require a variance and only provide the landscaping required in interior vehicular use areas as required in LDC Section 4.06.03 without Doubling the requireD lanDscaping, and provide 25% additional tree/plant quantities calculated by the distance of the full perimeter buffers to be locateD along select areas of the perimeter of the property. Deviation #22 seeks relief from LDC Section 4.05.06.B, which requires minimum loaDing spaces of 3, plus 1 for each 25,000 square feet over 50,000 square feet, to insteaD allow for a total amount of 5 loaDing spaces. Deviation #23 seeks relief from LDC Section 05.05.08.D.2.b.i, which requires a total of 45% glazing (‘glass’) on the total three combined primary façaDes of the building, to insteaD allow a combination of glazing and planted trellis features for a total of 23% (12% glazing and 11% planted trellis). Deviation #24 seeks relief from LDC Section 05.05.08.D.4, which requires variations in building façaDe massing greater than 150 linear feet for buildings 40,000 square feet or larger, to incluDe a break in the façaDe massing, to insteaD allow structurally attacheD planted trellis features as an alternative to provide an elevation break out for visual interest along the building façaDe length. Deviation #25 seeks relief from LDC Sections 5.06.04.F.4 anD 5.06.04.F.a for on-premises non- residential wall, mansard, canopy or awning signs as follows: 1. Single occupancy parcels where there is double frontage on a public right of way are allowed 2 signs, to insteaD allow 4 signs as shown on Exhibit E-5, Costco Warehouse Sign Elevation Exhibit ; anD 2. Which allows a maximum Display area of 250 square feet per sign for a total of 500 square feet, to insteaD allow a total maximum display area of 801 square feet for 4 signs. September 17, 2025 Page 3 of 3 PL20240011559 Page 642 of 6529 Page 643 of 6529Sean Sammon From: Ray Bellows Sent: Friday, April 18, 2025 1:26 PM To: Sean Sammon Subject: FW: Proposal for Collier and Rattlesnake Hammock FYI Ray Bellows Manager - Planning Zoning Ray.Bellows@colliercountyfl.gov From: johnsweeney224560@gmail.com Sent: Friday, April 18, 2025 11:53 AM To: Ray Bellows Subject: Proposal for Collier and Rattlesnake Hammock 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. To: Members of the Board of County Commissioners Members of the Collier County Planning Commission Thank you for taking a few minutes to read this message and I appreciate your consideration of this suggestion. The intersection of Collier and Rattlesnake Hammock is poised to be one of the most densely populated residential areas in Collier County. Besides the existing single family, condo and RV developments near that intersection, five very large multi-family buildings have been recently constructed and five more are currently under construction. There are more multi-family buildings planned just east of the existing five under construction. That is an enormous amount of people moving to the area within a short distance of the Collier-Rattlesnake Hammock intersection. The land at the Southeast corner of Collier and Rattlesnake Hammock was designated commercial many years ago when the Hacienda Lakes PUD was created. I am sure at that time the County had no idea there would be so much residential development at that corner. Currently there are no Collier County public park or recreational facilities anywhere east of Collier Blvd between Beck Blvd and Tamiami Trail – a distance of approximately 7 miles. 1 Page 644 of 6529Given the massive population growth expected over the next 2 years, it would be wonderful if Collier County would use the land at the SE corner of Collier and Rattlesnake Hammock to create some public park facilities. Of course I understand that it would have to be re-zoned, but I do hope the County put its residents first. Here are some thoughts: Plan 1 – Collier County to purchase the land to create a very nice park, with a nature walk, pickleball courts, dog park, playground, etc. The County would then sell of part of the land to a developer for a small strip mall that would serve the local residents. Plan 2 – Collier County to purchase the land and create a “downtown” for Hacienda Lakes. Some shops, some entertainment venues and a walkable “downtown” with parks and nature area. Maybe even add a library branch as well. I know this is a huge departure from the current plans and designs, but I ask you to please give it some thought. Sincerely, John Sweeney 9220 Cayman, Naples 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. 2 Page 645 of 6529Sean Sammon From: Michael Bosi Sent: Monday, March 10, 2025 8:04 AM To: Sean Sammon; Ray Bellows Subject: FW: Proposed Costco on Collier Sean, For the file on the petitions. Thanks, mike Michael Bosi AICP Division Director - Planning & Zoning Zoning Office: 239-252-1061 Mobile: 239-877-0705 2800 North Horseshoe drive Naples, Florida 34104 Michael.Bosi@colliercountyfl.gov From: jschmitt@comcast.net Sent: Sunday, March 9, 2025 3:55 PM To: Ray Bellows ; Michael Bosi Subject: FW: Proposed Costco on Collier 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. Forwarded for the petition record. Joe From: johnsweeney224560@gmail.com Sent: Sunday, March 9, 2025 11:09 AM To: jschmitt@comcast.net Subject: Proposed Costco on Collier Dear Mr. Schmitt, My wife and I are homeowners in the Azure subdivision of Hacienda Lakes. We were very happy to read that the proposed new Costco at Collier and Rattlesnake-Hammock will have to be reviewed by the Collier County Planning Commission rather than a hearing examiner. 1 Page 646 of 6529I did attend the recent “information” meeting with Costco, but to be honest, Costco was not very open, and they certainly gave a very different picture of the situation than what Rick LoCastro has written in his newsletter. The Collier-Rattlesnake Hammock area is primarily residential, but we do know that the parcel upon which they want to build is zoned Commercial. Most of us had been expecting smaller stores that would serve the neighborhood. The proposed Costco with a gas station with the entrance and exit on the Rattlesnake Hammock extension was quite a shock. I suggest that the County purchases that land and create a public park, with maybe a few smaller stores on out lots. There are no public parks on the East side of Collier from Davis to 41, yet there are an amazing number of new residential buildings and houses going up in the area. A park with a nature walk, dog park, etc., would so very welcome by the residents of the apartments, condos, senior living and houses in the area. I know this would be a very ambitious project to change the zoning, but please give some thought to creating a public park which is badly needed in the area. At the end of this letter are some thoughts from my wife and I on the Costco situation. Please read if you have a few more moments. Sincerely, John Sweeney, Celeste Sweeney 1. TRAFFIC At the recent meeting where Costo did a Q&A for local residents, the Costco representative said they expect a minimum 4500 vehicles a day to enter and exit their facility (before the extended hours announcement). The majority of those vehicles would have to enter and exit onto Rattlesnake Hammock. The Costco representative said that since Rattlesnake Hammock is a multi-lane divided highway, there should be no issue with the traffic. While Rattlesnake Hammock west of Collier is pretty much exactly that with 3 lanes in each direction and a 45mph speed limit, Rattlesnake Hammock east of Collier is more of a residential parkway that is a little less than a mile in length, 2 lanes in each direction and a 40mph speed limit. Clearly Rattlesnake Hammock is different east and west of Collier. There are no businesses east of Collier on Rattlesnake Hammock facing Rattlesnake Hammock. A number of new apartment and condos are being constructed – all residential. With less than 1,000 homes in Azure and Esplanade, there are no current traffic concerns east of Collier on Rattlesnake Hammock. At the time of the meeting, Costco hours were 10am to 8pm. 4500+ vehicles a day on Rattlesnake Hammock would mean an average of 560+ vehicles an hour, or 10 vehicles every minute. That is a huge increase in traffic for a residential parkway. Costco indicated that the volume of traffic would be so significant that they proposed a stoplight be constructed in the middle of the residential neighborhood on Rattlesnake Hammock to make sure their customers can exit. Costco has since decided to expand their gasoline sales hours, so the number of vehicles will likely increase. Rattlesnake Hammock east of Collier was not designed as a commercial road and is certainly not a “highway” as characterized by Costco. The best way to eliminate the traffic issues on Rattlesnake Hammock is to add an entrance and exit on Collier. I realize this has its own issues, including disruption of the multi-use path, bridges over the canal, negotiations with the hospital, etc., but it makes so much more sense than feeding all the traffic into a residential neighborhood. I believe it is unusual to have Costco store with a gas station and service bays built in the middle of a residential area. 2. Fuel Station Currently the intersection of Collier and Rattlesnake Hammock has two fueling stations in existence and both have access from Collier. Over the years, the County has developed many statutes, building codes, ordinances, etc. that allow our County to remain beautiful. The proposed Costco has indicated that they will apply for a variance to the 500 foot distance rule. We see no reason why the County should grant this variance. The county rules have been established for good reasons and Costco should not receive any special treatment. They have options – move the fuel operation so it is further away or build a Costco without a fuel station. Without a fuel station, the traffic would be less and alleviate some of the traffic concerns listed above. 2 Page 647 of 6529Sean Sammon From: Lauren Trethewey Sent: Monday, February 24, 2025 12:36 PM To: Christine Willoughby Cc: Sean Sammon Subject: Re: Inquiry Regarding Costco Planning Project (PL20240000445) 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. Hello Christine, Thank you for your quick response, I really appreciate the information. I understand that Costco has not submitted any Site Development Plans for review yet, and I appreciate the clarification on the review process. Sean , I know both Communities have some concerns on this project, how do we go about a public petitions. Thank you in advance for your help, On Mon, Feb 24, 2025 at 12:27  PM Christine Willoughby wrote: Hello Lauren, Costco has not submitted any Site Development Plans for review, as of yet. I only review the SDP plans and do not review the public petitions. Site Development Plans are administratively approved and do not require public input. Sean Sammons is the reviewer for the public petitions, I have copied him on this email to make him aware of your concerns. I am not sure what road you are speaking about since I have not reviewed any site development plans. 1 Page 648 of 6529 Christine Willoughby Planner III Development Review Office: 239-252-5748 , Collier County Growth Management Division Christine.Willoughby@colliercountyfl.gov From: Lauren Trethewey < ltretheweysunshinestate@gmail.com > Sent: Monday, February 24, 2025 11:49 AM To: Christine Willoughby < Christine.Willoughby@colliercountyfl.gov > Subject: Inquiry Regarding Costco Planning Project (PL20240000445) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Afternoon Christine, I hope you're doing well. I am reaching out regarding the Costco Planning Project Application Number PL20240000445. I was wondering if there have been any updates or new information available on this matter. I am particularly concerned about the zoning waiver discussed at the last meeting, where Costco seemed confident they would receive approval. My main concern is the proximity of the proposed gas station. The 500-foot distance requirement is clearly in place for environmental reasons, among others. However, the fact that the proposed distance is only 132 feet is troubling. While I understand the property is zoned commercial, the anticipated increase in traffic—especially with the addition of 4,500 more cars, including those from new apartments and the upcoming school—makes the gas station's proximity even more concerning. Additionally, I was hoping you could provide more information about the new road being constructed near the Azure Hacienda Lakes gate. Do you know where this road will lead, and whether it will provide 2 Page 649 of 6529 another access point to the Rattlesnake Costco? Unfortunately, Costco was unable to provide clarification on this. I appreciate any insights you can provide and look forward to your response. Best regards, -- To help protect your privacy, Micro soft Office prevented automatic download of this picture from the In ternet. May be an image of 1 person an d text that says 'Lauren RE 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. -- To help protect your privacy, Micro soft Office prevented automatic download of this picture from the In ternet. May be an image of 1 person an d text that says 'Lauren RE 3 Page 650 of 6529Sean Sammon From: Linda Ann Ventura Sent: Sunday, March 2, 2025 7:37 AM To: Sean Sammon Subject: Yes to COSTCO near us!! 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 Sean: We would love for COSTCO to be built near or next to Rattlesnake Hammock ( not certain the exact location) in east Naples. We have much housing construction going on and many families will appreciate the proximity to a pretty amazing grocery/everything store. Not to mention the jobs that will be created! Hoping this happens, Linda Ann Ventura 307 Tamarindo Ln Naples, Fl 34114 239-777-4976 1 Page 651 of 6529Sean Sammon From: Norma H Sent: Wednesday, February 19, 2025 6:50 AM To: Sean Sammon Subject: Costco 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. I support the new costco to be located on the corner of Rattlesnake and Collier Blvd. 1 Page 652 of 6529Sean Sammon From: Frank E. LaPorta Sent: Wednesday, February 19, 2025 1:56 PM To: Sean Sammon Subject: Costco 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. I am a full time resident of the Tamarindo Community just down the road from the proposed new Costco off Collier & Rattlesnake. Please know I am in full support of this project. Frank E. LaPorta 325 Spiaggio Court Naples, Florida 34114 1 Page 653 of 6529Sean Sammon From: Tiffany Bray Sent: Wednesday, February 19, 2025 5:55 PM To: Sean Sammon Subject: Proposed Costco PL20240011559/PL20240011790 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Evening Sean, I wanted to reach out and express my support for the proposed Costco in Hacienda Lakes. I am a homeowner in a nearby community (Tamarindo) and I believe having a resource like Costco would be a good value to our area. I wasn't able to attend last night's NIM but I do work for a civil engineering firm and I understand the County's zoning process. I've been tracking this for some time and I hope they get to move dirt on this one. As a native to Naples my husband and I see the value of this new development being something that will support working class year round residents and not just the seasonal residents that appear to have been in abundance at the meeting yesterday. I've heard rumor that this will be scheduled for HEX, would you please let me know when the next hearing is scheduled for this site? Thank you, Tiffany Bray tiffany.bray13@gmail.com 239-776-9499 1 Page 654 of 6529Sean Sammon From: Jessica Rodriguez Sent: Tuesday, February 18, 2025 7:12 PM To: Sean Sammon Subject: Costco EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good evening Mr. Sammon, I hope you are doing well. I wanted to reach out to let the County know that I am in full support of the proposed Costco and to ask that this email be made part of their application. I am a resident in Tamarindo HOA near Hacienda Lakes where the neighborhood informational meeting for the Costco was held tonight. I attended that meeting and am very much in support of the proposed Costco. I was born and raised here in Naples and in this area of town there’s a lot of housing but not enough other infrastructure to support the area. People who work full time like myself often can’t go to these types of meetings and so often our voices aren’t heard, but please know that there is community support for this type of project. I would much rather see a Costco or some other retailer that provides goods and services that benefit the community and generate employment opportunities than another self-storage or more housing. Thank you. -- Sincerely, Jessica Rodriguez Claro 239-293-6709 1 Page 655 of 6529Sean Sammon From: John M. Ventura Sent: Sunday, March 2, 2025 7:36 AM To: Sean Sammon Subject: Costco in 34114 Naples 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 Sean, I fully support the addition of putting a Costco in the 34114 zip code of Naples FL (it is my understanding that it would be between Physicians Regional Hospital on Collier Blvd and the Hacienda Lakes development, on the east side of Collier). I'm sure you are investigating environmental and traffic impact and would trust the opinions of those experts. So, barring any significant detrimental effects of either of those two items, I fully support this addition of a new Costco. John John M Ventura 307 Tamarindo Lane Naples, FL 34114 585-943-7680 1 Page 656 of 6529 g1Q117^ t9z4b° N 41 l pJ ORDINANCE NO. 11- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE 9ZSZVS NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE AGRICULTURAL ( A) AGRICULTURAL- SPECIAL TREATMENT OVERLAY ( A -ST) AND PUD ZONING DISTRICT SWAMP BUGGY DAYS PUD) TO THE MIXED USE PLANNED UNIT DEVELOPMENT ( MPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HACIENDA LAKES MPUD THAT WILL ALLOW A MAXIMUM OF 327,500 SQUARE FEET OF GROSS RETAIL COMMERCIAL FLOOR AREA; 70,000 GROSS SQUARE FEET OF PROFESSIONAL AND MEDICAL OFFICE SPACE INCLUDING A CONVERSION OF RETAIL USE TO PROFESSIONAL AND MEDICAL OFFICE; 135 HOTEL ROOMS INCLUDING A CONVERSION TO BUSINESS PARK; 140,000 GROSS SQUARE FEET OF BUSINESS PARK OR EDUCATION FACILITY; A PUBLIC SCHOOL; CONTINUATION OF EXISTING " SWAMP BUGGY” ATTRACTION AND " JUNIOR DEPUTY" PASSIVE RECREATION; AND A MAXIMUM OF 1, 760 RESIDENTIAL DWELLING UNITS INCLUDING CONVERSIONS TO RECREATIONAL VEHICLE PARK AND SENIOR HOUSING FOR INDEPENDENT LIVING, ASSISTED LIVING AND NURSING CARE. THE SUBJECT PROPERTY, CONSISTING OF 2, 262 +/- ACRES IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD ( C.R. 951) AT THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE- HAMMOCK ROAD AND NORTH AND SOUTH OF SABAL PALM ROAD IN SECTIONS 11, 12, 13, 14, 23, 24 AND 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 84 -26 FOR SWAMP BUGGY GROUNDS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, Inc., Robert Mulhere of Mulhere and Associates and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P. A., representing Hacienda Lakes of Naples, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. Hacienda Lakes of Naples LLC PUDZ- 2006- AR- 10 146 Page 1 of BCC Approved 10/ 25/ 11 Page 658 of 6529 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida, is changed from the Agricultural ( A), Agricultural- Special Treatment Overlay (A -ST) and PUD zoning district ( Swamp Buggy Days PUD) Zoning District to a Mixed Use Planned Unit Development ( MPUD) Zoning District for the 2, 262 +/- acre project to be known as the Hacienda Lakes MPUD, to allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space; 135 hotel rooms; 140, 000 gross square feet of business park or education facility; continuation of existing " swamp buggy" attraction and " Junior Deputy" passive recreation; and a maximum of 1, 760 residential dwelling units in accordance with the Hacienda Lakes MPUD Document, attached hereto as Exhibits " A" through " G" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: Ordinance No. 84 -26, the Swamp Buggy PUD, is hereby repealed. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County h Commissioners of Collier County, Florida, this 25` day of October, 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS D WICcI ( CLERK COLLIER COUNTY, FLORIDA t. By: FRED W. COYLE, Ch& rinan PU DZ- 2006 -Ak 16- i 4-6'-- Page 2 of 3 BCC Approved 10/ 25/ 11 . Page 659 of 6529 Approved as to form and legal sufficiency: i ', ,4- - - 0((2 Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachments: Exhibit A – Permitted Uses Exhibit B – Development Standards Exhibit C – Master Plan Exhibit D – Legal Description Exhibit E - List of Requested Deviations Exhibit F - List of Owner Commitments Exhibit G – Master Use and Conversion List CP\ ] 0- CPS -01024\ 118 This ordinance s! ,,' with Secretary of ., ll 3i?t day of pf that and acknowledgeme filinga received ti, day of isi py- - Deputy lerlc Hacienda Lakes of Naples LLC PUDZ- 2006 -AR -10146 Page 3 of 3 BCC Approved 10/ 25/ 11 Page 660 of 6529 EXHIBIT A PERMITTED USES PROJECT LAND USE TRACTS TRACT TYPE UNITS. ACREAGE+ TRACT " R" RESIDENTIAL 1, 714 447. 86 TRACT " R/ MU" RESIDENTIAL/ MEDICAL USE 25 min.* 38. 82 TRACT " BP" BUSINESS PARK 1 35. 38 TRACT " C" COMMERCIAL 17 min.* 34. 16 TRACT " A" ATTRACTION 1 47.27 TRACT " P" PRESERVE 0 1, 544. 14 TRACT " PF" PUBLIC FACILITY 0 1. 33 TRACT " JD" JUNIOR DEPUTY 2 21. 62 TRACT " ROW" PUBLIC RIGHT -OF -WAY 0 72. 01 TRACT " S" SCHOOL 0 19. 55 Total 1, 760 2262. 14 Denotes the minimum number of dwelling units that must be constructed in the associated land use tract. Given that Tract C may generate up to 55 residential dwelling units, thirty ( 30 %) percent of those residential units ( 17 units) must be constructed in Tract C. Tract R/ MU is required by this document to have no less than 25 residential dwelling units constructed within that Tract. The balance of the residential dwelling units generated from Tract C ( 13 units) must be constructed in either the R/ MU Tract, or on a portion of Tract R, within one -third of one mile ofthe boundary of Tract C. GENERAL PERMITTED LAND USES Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally permitted anywhere within this MPUD except for in the P, Preserve Tract. II TRACT " R ". RESIDENTIAL PERMITTED USES: Up to 1, 760 residential units consisting of single family units and multi- family units are permitted in the entire PUD. No more than 1, 232 units in the entire PUD shall be multi -family, as defined in the LDC. Residential units may be converted to senior housing units or recreational vehicle ( RV) units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Single family detached dwellings; 2. Zero lot line, detached dwellings; Two -family and duplex dwellings; 4. Single family attached dwellings, ( including townhouses intended for fee simple conveyance including the platted lot associated with the residence); Hacienda Lakes, PUDZ-2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 1 of 51 Page 661 of 6529 Multi- family dwellings; Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B. In no instance shall greater than 450 senior housing units be developed in the entire MPUD; 7. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA, by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: I. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Model homes and model home centers including offices for project administration, construction, sales and marketing, apartment rental, as well as resale and rental of units within the MPUD in perpetuity (group 6531); Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; 4. Horse stables and related equestrian facilities to serve the PUD that complement the MPUD' s proximity to the Picayune Strand State Forest may be allowed on residential lands lying east of the proposed north /south public roadway, subject to applicable permitting. This private, non -commercial, accessory use is intended for stabling for residents of the PUD. Horse racing, dressage, or horse jumping events open to the public are prohibited; Private stables on single -family lots greater than 43, 560 square feet in lot area, on residential lands lying east of the proposed north/ south public roadway are permitted to allow one horse for each 21, 780 square feet of lot area; 6. Horse trails. III TRACT " RV ": Up to 290 RV units are allowed only if residential units are converted to RV in accordance with the Land Use Conversion Factors in Exhibit B. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, other than the following: Hacienda Lakes, PUDZ- 2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 2 of 51 Page 662 of 6529 A. Principal Uses: Recreational vehicle parks ( Group 7033, recreational vehicle parks only), subject to the criteria contained in Exhibit B, and only in the location depicted on Exhibit C. In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. Except as provided herein, the RV District shall comply with the Land Development Code ( LDC) including Sections 2. 03. 031 and 5. 5. 10. B. Accessory Uses: Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; 2. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests; IV TRACT " R/ MU ", RESIDENTIAL/ MEDICAL USE PERMITTED USES: Up to 1, 760 residential units consisting of single family units and multi -family units are permitted in the entire PUD. No more than 1, 232 units in the entire PUD shall be multi -family as defined in the LDC. The residential units may be converted to senior housing units, where permitted, in accordance with the Land Use Conversion Factors in Exhibit B. Upon conversion, the residential units shall be reduced according to the Land Use Conversion Factors in Exhibit B. Up to 50,000 square feet of gross floor area of medical office related land uses are also allowed in this tract, less up to 50,000 square feet of gross floor area of medical related office land uses approved by plat or SDP in Tract C. Developer and County shall each maintain a master list of converted uses for this PUD. No building or structure, or part thereof, shall be erected, altered or uses, or and used, in whole or in part, for other than the following: A. Principal Uses: Single family detached dwellings; Zero lot line, detached dwellings; Two -family and duplex dwellings; 4. Single family attached dwellings, ( including townhouses intended for fee simple conveyance including the platted lot associated with the residence); Multi -family dwellings; Senior housing for persons over age 55, limited to independent living facilities, assisted living facilities, skilled nursing facilities, and continuing care retirement communities. Senior housing facilities shall not be considered residential land uses Hacienda Lakes, PUDZ- 2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 3 of 51 Page 663 of 6529 for the purposes of density, but shall be derived from conversion from residential units in accordance with the Land Use Conversion Factors in Exhibit B. These land uses shall be developed in accordance the development standards set forth in Table II of Exhibit B In no instance shall greater than 450 senior housing units be developed in the entire MPUD. 7. Drug Stores and Proprietary Stores ( Group 5912). If this retail use is developed in the R/ MU Tract then the square footage of gross floor area of this retail use shall reduce the square footage of gross floor area of retail uses permitted in Tract C.; 8. Health Services, ( Groups 8011 -8049, 8071 -8072, 8082, and 8092 -8099); 9. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; Model homes and model home centers including offices for project administration, construction, sales and marketing; Recreational facilities and structures to serve the PUD including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests. V TRACT `BP" BUSINESS PARK PERMITTED USES: Up to 140,000 square feet of gross floor area of business park land uses, and a hotel of up to 135 rooms capped at 92, 000 square feet of gross floor area if a hotel is not developed in Tract C. However, if owner elects not to build a hotel on Tract C or BP, then the square footage limitation of business park land uses could be exceeded if a hotel conversion to business park of up to 60,000 square feet of gross floor area is used based on the land use conversions in Exhibit B. In place of the business park and hotel land uses, a school may be developed. If a hotel is constructed on Tract C or BP, based on an approved plat or SDP, then the hotel conversion shall terminate. Tract " BP" is located directly north of the Attraction Tract that accommodates the Swamp Buggy land uses and facilities. This acreage is meant to provide for a transition from the Attraction land uses to the Residential Tract and intended land uses further north. This Tract shall be permitted to be developed for either a business park or a school. If the Tract is developed as a school, only those uses permitted in Section XI below shall be allowed. Should the 35. 38 acre tract be proposed for development as a business park, no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Apparel and other finished products ( groups 2311- 2399); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 4 of 51 Page 664 of 6529 2. Building construction ( groups 1521- 1542); 3. Business services ( group 7311); 4. Communications ( groups 4812 -4899, including communication towers limited in height to 100 feet); 5. Construction: Special trade contractors ( groups 1711- 1799); 6. Depository and non -depository institutions ( groups 6081, 6082); 7. Drugs and medicines ( groups 2833 -2836); 8. Eating places ( group 5812, not including fast foods, walk -up windows and drive - thru restaurants); 9. Educational services ( groups 8221- 8299); 10. Electronics and other electrical equipment manufacturing, indoor only (groups 3612- 3699); 11. Engineering, accounting, research, management, and related services ( groups 8711- 8748); 12. Food manufacturing ( groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099); 13. Furniture and fixtures manufacturing ( groups 2511- 2599); 14. Government offices /buildings ( groups 9111 -9222, 9224 -9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661); 15. Health services ( groups 8011- 8049); 16. Industrial and commercial machinery and computer equipment ( groups 3524, 3546, 3571 - 3579); 17. Industrial inorganic chemicals ( groups 2833, and 2844); 18. Job training and vocational rehabilitation services ( group 8331); 19. Leather and leather products ( groups 3131- 3199); 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing ( groups 3812- 3873); 21. Medical laboratories and research and rehabilitative centers ( groups 8071, 8072, 8092, 8093); 22. Miscellaneous manufacturing industries (groups 3911- 3999); 23. Motion picture production ( groups 7812- 7819); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 5 of 51 Page 665 of 6529 24. Motor freight transportation and warehousing ( group 4225, mini- and self- storage warehousing only), subject to the following criteria: i. The use of metal roll -up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right -of way- is prohibited; and ii. Access to individual units whether direct or non -direct must be from the side of the building that is oriented internally; iii. No building shall exceed 100 feet in length when adjacent to a residential tract within the MPUD; iv. No outdoor storage of any kind is permitted, and v. Storage units shall be utilized for storage purposes only. 25. Printing, publishing and allied industries ( groups 2711- 2796); 26. Rubber and miscellaneous plastic products ( groups 3021, 3052, 3053); 27. Security/commodity brokers ( group 6211); 28. Transportation equipment (groups 3714, 3716, 3732, 3751, 3792, 3799); 29. U. S. Postal Service ( group 4311); 30. Wholesale trade durable goods ( groups 5021, 5031, 5043 -5049, 5063 -5078, 5091, 5092, 5094 -5099); 31. Wholesale trade non durable goods ( 5111 -5153, 5181, 5182, 5191, except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential tract within the MPUD, 5192 -5193); 32. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals. B. Limited Principal Uses: The following uses shall be limited to a maximum of 30 percent of the total acreage of the Business Park tract: Business services ( 7312, 7313, 7319, 7331, 7334 -7336, 7342, 7349, 7352, 7361, no labor pools, 7371 -7384, 7389); 2. Child day care services ( group 8351); 3. Depository and non -depository institutions ( groups 6021 -6062, 6091, 6099, 6111- 6163); 4. Drug stores ( group 5912, limited to drug stores and pharmacies) in conjunction with health service groups and medical laboratories /research /rehabilitative groups; Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 6 of 51 Page 666 of 6529 Hotels ( group 7011) up to 135 rooms, capped at 92,000 square feet of gross floor area if a hotel is not developed in Tract C. Hotel square footage does not reduce the business park square footage cap. If the hotel conversion is applied to Tract BP, then a hotel is not permitted; 6. Membership organizations ( group 8611); business associations ( group 8621); professional organizations ( 8631); labor unions and similar labor organizations; 7. Personal services ( groups 7215 -7231, 7241); 8. Physical fitness facilities and bowling centers ( groups 7991, 7933); 9. Professional offices; insurance agencies ( group 6411); insurance carriers ( groups 6311 - 6399); real estate ( 6531, 6541, 6552, 6553); holding and other investment offices (groups 6712- 6799); attorneys ( group 8111); 10. Travel agencies ( group 4724). C. Uses Accessory to Principal and Limited Uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right; 2. One ( 1) caretaker' s residence within Tract BP, Business Park Tract, subject to the following: i. The residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure. Exits required to comply with fire code shall be permitted; ii. The caretaker' s residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the principal structure; iii. Off street- parking shall be as required for a single -family residence. 3. For primary business park uses, retail sales and/ or display areas as accessory to the principal uses shall not exceed an area greater than 20 percent of the gross floor area of the permitted principal use and is further subject to retail standards for landscaping, parking and open space. VI TRACT " C" COMMERCIAL PERMITTED USES: Up to 327,500 square feet of gross floor area of retail land uses and up to 70,000 square feet of gross floor area of professional and medical office uses reduced by medical- related retail use square footages approved by SDP in Tract R/MU and reduced by up to 50, 000 square feet of gross floor area of professional and medical office land use square footages approved by plat or SDP in Tract R/ MU. The 70, 000 square feet of professional and medical office may be exceeded if the retail land uses are converted to office thereby reducing the retail square footage, not to exceed 25% of the retail land use allocation. Additionally, a hotel of up to 135 rooms and up to 92, 000 square feet of gross floor area shall be allowed in Tract C unless a hotel is developed within Tract BP or if the hotel use is converted to BP uses in Tract BP based on an approved plat or SDP. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Hacienda Lakes, PUDZ-2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 7 of 51 Page 667 of 6529 A. Principal Uses: 1. Single family attached dwellings, ( including townhouses intended for fee simple conveyance including the platted lot associated with the residence); 2. Multi -family dwellings; 3. Residential land uses integrated into commercial buildings with residential units located above commercial land uses to create a mixed -use building; 4. Accounting, auditing and bookkeeping services ( group 8721); 5. Adjustment and collection services ( group 7322); 6. Advertising agencies (group 7311); 7. Advertising —miscellaneous ( group 7319); 8. Amusements and recreation services, indoor ( groups 7911 -7922, 7991, 7993, 7999, only billiard parlors, bingo parlors, martial arts and yoga instruction, bicycle and golf cart rentals); 9. Apparel and accessory stores with (groups 5611- 5699); 10. Auto and home supply stores ( groups 5211 -5261, and 5531); 11. Automotive dealers, not elsewhere classified ( group 5599); 12. Automobile parking ( group 7521), including garages -automobile parking, parking structures, no towing yards; 13. Automotive repair, services and parking (groups 7513 — 7533, 7536 - 7549); 14. Barber shops ( group 7241), except barber schools; 15. Beauty shops ( 7231), except beauty schools; 16. Boat dealers ( 5551); 17. Bookkeeping services ( 8721); 18. Bowling centers, indoor (7933); 19. Building construction —General contractors ( groups 1521 — 1542); 20. Building materials, hardware and garden supplies ( groups 5211- 5261); 21. Business associations ( group 8611); 22. Business consulting services ( group 8748); 23. Business credit institutions (groups 6153- 6159); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 8 of 51 Page 668 of 6529 24. Business services ( groups 7311 -7353, 7359, except labor contractors, 7371 -7379, 7381 except armored car and dog rental, 7382 -7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, cosmetic kits, cotton inspection, cotton sampler, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, press clipping service, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service); 25. Cable and other pay television services (group 4841); 26. Senior housing for persons over age 55, limited to independent and assisted living facilities, continuing care retirement communities, and nursing homes. This housing is included in the retail square foot limitation and no greater than 450 senior housing units shall be developed in this entire MPUD; 27. Child day care services ( 8351); 28. Commercial printing (2752, excluding newspapers); 29. Civic, social and fraternal associations ( group 8641); 30. Coin operated amusement devices, indoor (group 7993); 31. Communications ( groups 4812 -4841) including communications towers up to specified height, subject to LDC Section 5. 05. 09; 32. Construction —special trade contractors ( groups 1711 — 1793, 1796, 1799); 33. Dance studios, schools and halls ( group 7911); 34. Drug stores ( group 5912); 35. Depository institutions (groups 6011- 6099); 36. Eating and drinking establishments ( group 5812, and group 5813) excluding bottle clubs. Outdoor amplified sound is prohibited; 37. Educational services ( groups 8221, 8222, 8243 — 8249); 38. Engineering, accounting, research, management and related services ( groups 8711- 8748); 39. Food stores ( groups 5411 - 5499); 40. Gasoline service stations ( group 5541 subject to LDC requirements); 41. General merchandise stores ( groups 5311, 5331 - 5399); Hacienda Lakes, PUDZ-2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 9 of 51 Page 669 of 6529 42. Glass and glazing work ( 1793); 43. Health services ( groups 8011 -8049, 8051 -8059, 8071 -8072, 8082 and 8092 -8099); 44. Home furniture, furnishing, and equipment (groups 5712 -5736); 45. Hotels and motels ( groups 7011, 7021, and 7041) only if a hotel is not built in Tract BP and the hotel conversion is not applied to Tract BP; 46. Insurance carriers, agents and brokers ( groups 6311 -6399, 6411); 47. Landscape architects, consulting and planning ( group 0781); 48. Legal services ( group 8111); 49. Libraries (group 8231); 50. Management and public relations services ( groups 8741 -8743, 8748); 51. Membership organizations ( 8611- 8699); 52. Membership sports and recreation clubs, indoor (group 7997); 53. Miscellaneous personal services ( 7291, 7299, debt counseling only); 54. Miscellaneous repair services ( groups 7622 — 7699); 55. Miscellaneous retail ( groups 5912 -5963, 5992 -5999); 56. Motion picture theaters ( group 7832); 57. Motorcycle dealers ( group 5571); 58. Motor freight transportation and warehousing ( group 4225 mini- and self -storage warehousing only); 59. Museums and art galleries ( group 8412); 60. Non -depository credit institutions, and loan brokers ( groups 6111- 6163); 61. Offices for engineering, architectural, and surveying services ( groups 0781, 8711- 8713); 62. Paint, glass and wallpaper stores ( 5231); 63. Passenger car leasing ( group 7515); 64. Passenger car rental ( group 7514); Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 10 of 51 Page 670 of 6529 65. Personal services ( groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7217, 7219, 7221 -7251, no beauty or barber schools, 7261 except crematories, 7291, 7299, excluding massage parlors, escort services, steam baths, Turkish baths and tattoo parlors); 66. Photographic studios ( 7221); 67. Physical fitness facilities ( 7991); 68. Political organizations ( group 8651); 69. Printing, publishing, and allied industries ( groups 2711, 2721); 70. Professional membership organizations ( group 8621); 71. Public Administration ( groups 9111 -9199, 9229, 9311, 9411 -9451, 9511 -9532, 9611- 9661); 72. Public or private parks and playgrounds; 73. Public relations services ( group 8743); 74. Radio, television, and consumer electronics stores ( group 5731); 75. Radio and television broadcasting stations ( groups 4832, and 4833); 76. Real estate ( group 6512, 6531- 6552); 77. Record and prerecorded tape stores ( group 5735), excluding adult oriented rentals and sales; 78. Recreational vehicle dealers (group 5561); 79. Religious organizations ( group 8661); 80. Research, development, and testing services ( group 8731- 8734); 81. Retail nurseries, lawn and garden supply stores ( group 5261); 82. Security and commodity brokers, dealer, exchanges and services ( groups 6211- 6289); 83. Theatrical producers and miscellaneous theatrical services, indoor ( groups 7922- 7929); 84. Tour operators (group 4725); 85. Travel agencies ( group 4724); 86. United States Postal Service ( 43 11 except major distribution center); Hacienda Lakes, PUDZ-2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 1 1 of 51 Page 671 of 6529 87. Veterinary services ( groups 0742, 0752 excluding outside kenneling); 88. Videotape rental ( 7841), excluding adult oriented rental and sales; 89. Vocational schools ( groups 8243 - 8299); 90. Any other commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the Board of Zoning Appeals. A. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Parking facilities and signage; 2. Eating/ Picnic Area; 3. One ( 1) caretaker' s residence within the C, Commercial Tract; 4. Child care, outdoor play areas. Where play areas are constructed as an accessory use to a permitted use, the following conditions shall apply: a. A minimum five -foot, six -inch high reinforced fence shall be installed on all sides of the play area which are not open to the principal structure; b. Ingress to and egress from the play area shall be made only from the principal structure, however an emergency exit from the play area shall be provided which does not empty into the principal structure; c. The play equipment shall be set back a minimum distance of five feet from the required fence and from the principal structure. 5. Kiosks, that are small separate structures, often movable and open on one or more sides, used as a newsstand, vending stall, or other conveniences, Individual kiosks shall not to exceed 200 square feet.; VII TRACT " A" ATTRACTION PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: Swamp Buggy" race track (group 7948, swamp buggy track only); 2. County fair and similar expositions, including circuses, carnivals, and other recreation/ entertainment activities; Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 12 of 51 Page 672 of 6529 3. Exhibition hall /community center; 4. Amateur soccer, softball, lacrosse, volleyball, football, and similar outdoor recreational sports and activities and shall not be limited in the number of occurrences; 5. Indoor target ranges, including archery; 6. Stock car, monster trucks, and motorized vehicle race track ( group 7948, motorized vehicle race track only); 7. Motocross ( including bicycle and motorcycle) race course ( group 7948, motocross race course only); 8. Stadium, training, and practice facilities for professional baseball ( group 7941). This use is allowed only if a Notice of Proposed Change or Substantial Deviation Application for Development Approval is processed in accordance with Section 380.06, F. S., or any successor statute, and the Hacienda Lakes DRI is amended. If state law changes such that DRI review or other state review is no longer required then this provision shall terminate; 9. Administrative offices and supportive service facilities; 10. Any other use or structure that is comparable in nature to the foregoing and that is approved by the Board of Zoning Appeals. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Any accessory uses and structures that are incidental to and customarily associated with those uses permitted herein; 2. Onsite water management, utility, and service facilities; 3. Signs as permitted or required by the applicable Collier County Land Development Code at the time of application for construction permits; 4. Residential facilities (one ( 1) residential unit within the A, Attraction Tract) for housing of security personnel or caretakers whose work requires residence on the property; 5. Concessions, ticketing, bleachers, and other spectator- related facilities; 6. Picnicking and playground areas, as well as areas for camping that may be utilized only three days prior to, during, and three days after a major event weekend. C. Conditional Uses: 1. Fuel storage and related facilities. Hacienda Lakes, PUDZ- 2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 13 of 51 Page 673 of 6529 VIII TRACT " P" PRESERVE PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Upland preserves; 2. Wetland preserves; B Accessory Uses and Structures Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, horse trails, shelters, viewing platforms, educational signs, and information kiosks; 2. Water management structures; 3. Archaeological sites and associated research of said sites. IX TRACT " PF" PUBLIC FACILITY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Public safety facilities intended to provide emergency medical, ground transportation services. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage; 2. Administrative offices and support service facilities; 3. Lighting or storm water management facilities and structures. X TRACT " JD" JUNIOR DEPUTY PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 14 of 51 Page 674 of 6529 A. Principal Uses: 1. Open space and outdoor recreational uses, including, but not limited to hiking, biking, fishing, boating, camping, picnicking and nature trails; 2. Sporting and recreational camps; 3. Caretaker' s residence, limited to two for the JD, Junior Deputy Tract. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Boardwalks, nature trails, shelters, pavilions, viewing piers, viewing platforms, educational signs, kiosks, and docks or platforms for launching and mooring or storage of non- motorized vessels utilizing movable storage racks; 2. Covered camping pavilion( s) ( i. e.: concrete, or similar hard surface, that is roofed, and may, or may not be enclosed with screen/ plastic sheeting, or walls), which may include kitchen/cooking facilities, office and restroom facilities; 3. Passive parks and passive recreational uses; 4. Pervious roads, driveways, and pervious and /or impervious parking facilities; 5. Project identification and directional signage; 6. Water management structures; 7. Restrooms /bath houses; 8. Roofed or unroofed storage for maintenance and recreational equipment; 9. Fencing and security gates, which may include barbed wire; 10. Archery and air rifle range( s). XI TRACT " S" SCHOOLS PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Schools, public or private, including Educational Services ( Group 82). Hacienda Lakes, PUDZ- 2006-AR- 10 146 BCC Approved 10/ 25/ 11 Page 15 of 51 Page 675 of 6529 B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Educational facilities; 2. Parking facilities and signage; Administrative offices and support service facilities; Lighting or storm water management facilities and structures; Recreational facilities. XII SIGNS: A. Seven, on- premise, ground signs shall be permitted on property corners fronting on existing, proposed, or future public roadways as depicted and labeled " Boundary Marker" on Sheets 3 and 4 of the MPUD Master Plan Set. These ground signs shall be allowed in addition to other signage allowed by Section 5. 06. 00 of the LDC. Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development ( See Exhibit E, Deviation #3). B. One real estate sign shall be permitted in the Commercial Tract for the purposes of marketing residential products within the MPUD. This additional real estate signage may be utilized by any of the developers of the residential communities within the MPUD ( See Exhibit E, Deviation #6). C. The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain until new signage can be permitted in Tract C. ( See Exhibit E, Deviation #7) Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 16 of 51 Page 676 of 6529 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of the Hacienda Lakes MPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code ( LDC) and Growth Management Plan GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. Conversion of residential land use types are provided for below which may be utilized to apportion units to senior housing or recreational vehicle units relative to the mix of residential land uses within this MPUD and their relation to public facility impacts. Table I below, sets forth the development standards for residential land uses within the MPUD, including residential land uses that are required to be developed in Tracts C and R/ MU. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Figures 1 thru 7 generally depict typical development standards for the various residential products. Table II below, sets forth the development standards for commercial land uses, senior housing units, and public facility land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table III below, sets forth the development standards for the business park land uses and school land uses within the MPUD, however these standards do not apply to the Collier County School District public schools. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. Table IV below, sets forth the development standards for the Attraction land uses and Junior Deputy passive recreation land uses within the MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat. The facilities and improvements that are depicted on Exhibit C, the MPUD Master Plan shall be considered conceptual in nature. The design, location, and configuration of land improvements shall be defined at either site development plan, or construction plans and plat approval( s). Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. MAXIMUM DENSITY AND INTENSITY: Residential Density: This MPUD shall be limited to 1, 760 residential dwelling units ( du) that equates to a density of 0. 78 dwelling units per gross acre. The 1, 760 residential units are either single- or multi -family units as defined in the LDC. No more than 1, 232 multi -family units may be constructed in the entire PUD. Caretakers residences shall be deducted from the 1, 760 unit allocation. A minimum of 25 residential units shall be constructed in the R/ MU Tract, and a minimum of 17 residential units shall be constructed in Tract C. The balance of the residential dwelling units generated from Tract C ( 13 units) must be constructed in either the R/ MU Tract, or on a portion of Tract R, within one -third of one mile of the boundary of Tract C. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 17 of 51 Page 677 of 6529 LAND USE CONVERSION FACTORS Residential Density: 1. 0 residential unit equates to 2. 73 Recreational Vehicle units /spaces ( not to exceed 290 RV units in the entire PUD), or 4 Senior Housing Units ( not to exceed 450 Senior Housing Units in the entire PUD). Up to 1, 232 of the total 1, 760 residential units may be multi -family as defined in the Land Development Code. Commercial Intensity: Hacienda Lakes is intended to be developed with a mixture of commercial land uses that include 327, 500 square feet of gross floor area of retail uses, 50,000 square feet of gross floor area of medical office uses, 20,000 square feet of gross floor area of general office uses, 140, 000 square feet of gross floor area of business park land uses, and 135 hotel rooms. In no event shall the project exceed 3, 328 PM Peak Hour Trips. Such maximum trip generation cap was developed based on 327, 500 gross square feet of retail land uses, 50,000 gross square feet of medical office land uses, 20,000 gross square feet of general office land uses, 140,000 gross square feet of business park land uses, a primary school with a contemplated enrollment of 919 students, 135 hotel rooms, not to exceed 92,000 gross square feet, 704 single- family units, and 1, 056 multi -family units. However, the hotel shall not count against the 140,000 square foot cap associated with the business park. Should the BP Tract not be developed as a business park but be developed as a school facility (excluding Collier County School District public schools), such facility shall not exceed the maximum 140, 000 gross square feet allowed in that Tract. The developer shall be allowed to convert retail land uses to office land uses at a one to one ( 1: 1) ratio, not to exceed 25% of the retail land use allocation, provided only if the converted use is an allowed use in the tract. The developer shall also be allowed to wholly convert the hotel development opportunity of 135 rooms not to exceed 92,000 square feet to 60, 000 square feet of gross floor area of business park land uses. All existing land uses and facilities in the Attraction and Junior Deputy Tracts shall not count against the overall trip and land use cap. Senior Housing Intensity: The intensity of any senior housing project shall have a maximum Floor Area Ratio ( FAR) of 0. 60. The 1, 760 dwelling unit cap is only intended to limit the number of single family and multi- family residential units, as those units are defined in the Land Development Code. The development may include in excess of 1, 760 residential units if some are developed as senior housing units. With the exception of senior housing development in the C, Commercial Tract, senior housing units shall be developed through the conversion of residential land uses. Residential units shall be allowed for conversion to senior housing units based on the Land Use Conversion Factors, above. However, 1 single -family dwelling unit equates to 1 single -family style independent living units. In no instance shall greater than 450 senior housing units be developed in the entire MPUD. Total Project Intensity: In no event shall the project exceed 3, 328 pm Peak Hour Trips. Operational Characteristics for Senior Housing Senior housing may be composed of one or more types of care/ housing facilities. These care/ housing types are limited to independent living, assisted living, and skilled nursing units, each of which can have varying operational characteristics. The following characteristics of senior housing care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a senior housing care unit: Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 18 of 51 Page 678 of 6529 The facility shall be for residents 55 years of age and older; There shall be on -site dining facilities to the residents, with food service being on -site, or catered; Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; There shall be an onsite manager /activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; An on -site wellness facility shall provide exercise and general fitness opportunities for the residents. Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. Recreational Vehicle Park Criteria Any RV Park may be located in one location as generally depicted on Exhibit C, MPUD Master Plan. This area shall be developed either with an RV Park or residential land uses, and not be a combination of both. The RV Park shall be limited to Class A motorcoaches only. In no instance shall greater than 290 Recreational Vehicle units be developed in the entire MPUD. The density of the RV park shall not exceed 12 RV units for each acre of the development parcel [ not less than 20 acres]. The Lord' s way shall be the principal access to Collier Boulevard ( CR -951). A 25 foot Type C landscape buffer shall be located between any RV land use and adjoining residentially zoned or developed parcel. Sign Development Standards Boundary Markers shall be no greater than 15 feet in height, and shall not exceed 64 square feet of sign content area ( See Exhibit E, Deviation #3). Each of these permitted signs shall only contain the name of the project or any major use, insignia or motto of the entire development. Any signage proposed for identifying the on -site Swamp Buggy Attraction land use in the Commercial Tract may be illuminated and manually changeable so the traveling public may learn of upcoming events in the Attraction Tract. Any land uses permitted within the boundaries of the MPUD shall be considered on -site for the purposes of providing for signage within the Commercial Tract. Site Development, or Plat Approval At the time of each development order application subsequent to rezone approval, the developer or its successors and assigns shall submit a list of previously approved land uses ( approved via site development plan, or plat), and the trips, commercial square footage and residential units consumed to date. Developer shall also provide to County a copy of its master list of land uses and converted uses for this PUD with each SDP or plat application in the form attached as Exhibit G. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 19 of 51 Page 679 of 6529 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS SETBACK SINGLE ZERO LOT TWO TOWNHOUSE MULTI- CLUB RECREAT- FAMILY LINE FAMILY/ FAMILY HOUSE/ IONAL DETACHED DUPLEX DWELLINGS REC- VEHICLE REATION PARKS BLDGS PRINCIPAL STRUCTURES Minimum Lot Area 4, 800 SF 4, 000 SF 3, 500 SF per 1, 800 SF per lot 1 acre 800 SF per lot 10, 000 SF space/ unit Minimum Lot Width 40' 35' 35' per lot 18' per lot or 150' 35' unit N/ A 15' or '/ 2 BH, 15' or 1/ 2 BH, 15' or 1/ 2 BH, 15' or % BH, 15' or '/2 BH, 15' or 1/ 2 BH, 15' Minimum Distance From whichever is whichever is whichever is whichever is whichever is whichever is MPUD Boundary greater. greater. greater. greater. greater. greater. 20', or 15' 20', or 15' 20', or 15' 20' 20' or '/2 BH, 10' with side with side with side whichever is Front Yard Setback load garages load garages load garages greater. N/A Side Yard 6' 0' or 10' 0' or 6 0' or 6' 1/ 1 BH 5' N/ A Rear Yard 15' 15' 15' 15' 15' or '/ 2 BH, 8' whichever is greater N/ A 25 From Preserve 25' 25' 25' 25' 25' 25' 30' Maximum Zoned Height 35' 35' 35' 45' 75' 40' 35' Maximum Actual Height 42' 42' 42' 50' 85' 50' Floor Area Minimum SF 1200 SF 1000 SF 1000 SF 900 SF 750 SF N/ A N/ A Minimum Distance 15' or 1/ 2 10' Between SBH, 12' 10' 12' 12' Yz SBH Principal Structures whichever is greater ACCESSORY STRUCTURES Front SPS SPS SPS SPS SPS SPS SPS Side SPS SPS SPS SPS SPS SPS SPS Rear 5' 5' 5' 5' 5' 10' SPS From Preserve 10' 10' 10' 10' 10' 10' 10' Minimum Distance 10' Between Accessory Structures on same lot 0' or 10' 0' or 10' 0' or10' 0' or 10' 0' or 10' 0' or 10' Minimum Distance 0' OR 10' Between Accessory and Principle Structures on same lot 0' or 10' 0' or10' 0' or 10' 0' or 10' 0' or 10' Maximum Zoned Height SPS SPS SPS 35' SPS SPS Maximum Actual Height SPS SPS SPS SPS 35' SPS Minimum Distance From 15' or'' /2 BH 15' or' /2 BH 15' or'' /2 BH 15' or'' /] BH 15' or %:BH 15' or'' /2 BH MPUD Boundary" whichever is whichever is whichever is whichever is whichever is whichever is L reater reater reater eater eater eater SPS: Same as Principal Structure LL: Lot Line BOC: Back Of Curb Paseo: A pedestrian only access way to and from residences. N /A: Not Applicable BH: Zoned Building Height SBH: Sum of Building Heights Principal and Accessory Uses shall not protrude or encroach into any required landscape buffer Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 20 of 51 Page 680 of 6529 General application of setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of way,- the setback is measured from the adjacent right -of way- line. ii. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. Notes: 1) Structures adjacent to a lake may have no setback from the lake maintenance easement. 2) Entrance features ( i.e.: guard house, clock towers and colonnades) are limited in height to no greater than 35 feet in actual height. 3) Two or three story multi -family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15 -foot building wall setback is provided as depicted in Figure 1 below. 4) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk closest to the garage, except for side loaded garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to prevent vehicles being parked across a portion, or all of the referenced sidewalk. 5) No residential buildings greater than 50 feet in actual height shall be permitted west of the Florida Power and Light easement. PPo Figure 1 Terraced Setbacks Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 21 of 51 Page 681 of 6529 PRESERVE ) 5' E STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY - STRUCTURE SETBACK 1 1 15' MIN. REAR YARD PRINCIPAL FROM PRESERVE I 1 STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL STRUCTURE SETBACK ACC SM. . FROM PRESERVE 1 1 i 1 8' MIN. 6' MIN. 12' MIN 6' MIN. SIDE YARD PRINCIPAL 1 1 STRUCTURE SETBACK 1 PRINCIPAL 1 STRUCTURE 23' MIN. TYP.) 1 I I I FRONT YARD PRINCIPAL I i FRONT YARD PRINCIPAL STRUCTURE SETBACK 1 STRUCTURE SETBACK 15' MIN. 20' MIN.- 23' MIN. I ROW L 5' SIDEWALK- - BACK OF CURB 10' MIN. CENTERLINEi - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 2 Detached Single -Family Units i PRESERVE 5' MIN. REAR YARD ACCESSORY 01- 1­ 1 STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY - -- -- r--- ---- - - -- - STRUCTURE SETBACK 1 1 I 1 15' MIN. REAR YARD PRINCIPAL FROM PRESERVE I 1 I 1 STRUCTURE SETBACK 25 FOOT MINIMUM PRINCIPAL ACC. STR. STRUCTURE SETBACK I FROM PRESERVE I 1 1 I 1 I I 10' MIN. 10' MIN, 10' MIN. _ O' MIN. SIDE YARD PRINCIPAL 1 1 1 1 STRUCTURE SETBACK 1 PRINCIPAL I 1 STRUCTURE 23' MIN. I TYP-) 1 I 1 1 I 1 I I I FRONT YARD PRINCIPAL I I I T SETBAC STRUCTURE SETBACK 1 I 1 20' 213' I AK 15, MIN. MI . ROW I MIL 5' SIDEWALK BACK OF CURB 10' MIN. CENTERLINE i - ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 3 Detached Single- Family /Zero Lot Line Units Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 22 of 51 Page 682 of 6529 IRPRI PRESERVE 1, 5' MIN. REAR YARD ACCESSORY i/`/ i!16C URE SMACK 10 FOOT MINIMUM ACCESSORY ---- -- --- - - I -- ---- --- STRUCTURE SETBACK I I I 1 1 15' MIN. REAR YARD PRINCIPAL FROM PRESERVE I I i I 1 STRUCTURE SETBACK I I I 25 FOOT MINIMUM PRINCIPAL ACC. STR ACC. STR STRUCTURE SETBACK I I FROM PRESERVE I I 1 I I I i I I 1 NO SIDE YARD REQUIRED FOR ATTACHED PRINCIPAL UNITS MIN. 12' MIN. i 1 1 PRINCIPAL I STRUCTURE 6' MIN. SIDE YARD PRINCIPAL 23' MIN. I I ( TYP) STRUCTURE SETBACK FRONT YARD PRINCIPAL I I I I STRUCTURE SETBACK i I I I 15' MIN. 1.77 N ROW 5' SIDEWALK — BACK OF CURB 10' MIN. CENTERUNE — --" — ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 4 Duplex and Two -Family Units PRESERVE 1 5' MIN. REAR YARD ACCESSORY i STRUCTURE SETBACK 10 FOOT MINIMUM ACCESSORY 15' MIN. REAR YARD PRINCIPAL I I I 1 STRUCTURE SETBACK STRUCTURE SETBACK I I I I I FROM PRESERVE I I I SIDE FOR 25 FOOT MINIMUM PRINCIPAL I I ATTACHEDYPRIINC UNITS STRUCTURE SETBACK FROM PRESERVE 1 12' 1 MIN. PRI IPA ST; RE EE PRINCIPAL r STRUCTURE J. i MOWMOW STIRUCTURESTIRUCTURE SETBACKSETBACK 5'5' SinnSinn BACKBACK OFOF CURB—CURB— CENTERLINE—CENTERLINE— I ACC.ACC. STIR.STIR. - - - ACCESSORYACCESSORY STRUCTURESTRUCTURE NOTNOT TOTO SCALESCALE NOTNOT DRAWNDRAWN PROPORTIONALLYPROPORTIONALLY FigureFigure 55 AttachedAttached Single-Single- FamilyFamily andand TownhouseTownhouse UnitsUnits HaciendaHacienda Lakes,Lakes, PUDZ-PUDZ- 2006 2006- --AR AR- --1014610146 BCCBCC ApprovedApproved 10/10/ 25/25/ 1111 PagePage 2323 ofof 5151 Page 683 of 6529 PALI PRESERVE SETBACK TRACT UNE- J.J J _ _ — \_ _ 10 FOOT MINIMUM .../ ACCESSORY ( SE FROM PRESERVE — — — _ _ — _ _ -- — — 15'REAR MIN.YAM 25 FOOT MINIMUM PRINCIPAL PRINCIPAL STRUCTURE SETBACKSTRUCTURE SETBACK FROM PRESERVE T7 OF THE BUI DM 1/ 2 BUILDING HEIGHT MDU M—} SIDE YARD PRINCIPAL STRUCTURE SETBACK 7RACT LINEN 5' Sic BACK OF ACC. STR. - ACCESSORY STRUCTURE NOT TO SCALE NOT DRAWN PROPORTIONALLY Figure 6 Multi- Family Units Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 24 of 51 Page 684 of 6529 TABLE II COMMERCIAL, INCLUDING MIXED USE BUILDINGS, PUBLIC FACILITY, AND SENIOR HOUSING DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10, 000 SQUARE FEET N/ A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM LOT 25 FEET OR %: THE 10 FEET BOUNDARY) BUILDING HEIGHT, WHICHEVER IS GREATER * ** MINIMUM YARDS (MEASURED FROM MPUD 25 FEET 10 FEET BOUNDARIES * * ** PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR %: THE SUM OF 10 FEET STRUCTURES BUILDING HEIGHTS* MAXIMUM ZONED HEIGHT 50 FEET * * * ** 25 FEET MAXIMUM ACTUAL HEIGHT 60 FEET * * * ** 30 FEET MINIMUM FLOOR AREA —COMMERCIAL 600 SQUARE FEET ** N/A MINIMUM FLOOR AREA —SENIOR HOUSING 350 SQUARE FEET N/ A MINIMUM FLOOR AREA —PUBLIC FACILITY 1, 500 SQUARE FEET N/A MIN. GROSS FLOOR AREA PER UNIT 600 SQUARE FEET ** 80 SQUARE FEET ** Whichever is greater Not applicable to kiosks General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of -way, the setback is measured from the adjacent right -of -way line. ii. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. Principal and Accessory Structures shall not protrude or encroach into any required landscape buffer. except that a hotel, destination resort, senior housing or mixed use building may be up to 75 feet in zoned height and 85 feet in actual height. Note: Any independent living unit proposed for development in a single -family type of configuration shall comply with the development standards for single- family land uses set forth in Table I. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 25 of 51 Page 685 of 6529 TABLE III BUSINESS PARK AND SCHOOL DEVELOPMENT STANDARDS EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 8, 000 SQUARE FEET N/ A MINIMUM LOT WIDTH 80 FEET N/ A MINIMUM YARDS ( MEASURED FROM TRACT 50 FEET * ** 10 FEET BOUNDARY) —BUSINESS PARK MINIMUM YARDS ( MEASURED FROM TRACT BOUNDARY) —SCHOOL 50 FEET * ** 25 FEET MINIMUM YARDS (MEASURED FROM MPUD N/ A N/A BOUNDARIES PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR %: THE SUM OF 10 FEET STRUCTURES - BUSINESS PARK BUILDING HEIGHTS MIN. DISTANCE BETWEEN or 18 FEET 10 FEET STRUCTURES- SCHOOL MAXIMUM ZONED HEIGHT - BUSINESS PARK 35 FEET 35 FEET MAXIMUM ZONED HEIGHT - SCHOOL 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT —BUSINESS PARK 50 FEET 35 FEET MAXIMUM ACTUAL HEIGHT - SCHOOL 60 FEET 60 FEET MINIMUM FLOOR AREA —BUSINESS PARK 1000 SQUARE FEET N/ A MINIMUM FLOOR AREA —SCHOOL or 350 SQUARE FEET 35 SQUARE FEET MIN. GROSS FLOOR AREA PER UNIT BUSINESS PARK 500 SQUARE FEET 80 SQUARE FEET SCHOOL N/ A N/ A Whichever is greater General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private road right -of way,- the setback is measured from the adjacent right -of way- line. ii. If the parcel is served by a non -platted private drive, the setback is measured from the back of curb or edge of pavement. The Lord' s Way Access Improvements: In the event that Tract BP is developed as a business park, the Lord' s Way shall be improved by the Developer with roadway facilities as depicted by LDC Appendix B -4, a Commercial/ Industrial typical roadway section, prior to the issuance of the first certificate of occupancy for a business park land use. In the event that Tract BP is developed as an educational facility, the Lord' s Way shall be improved by the Developer as depicted by LDC Appendix B -3, a Local Street typical roadway section. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 26 of 51 Page 686 of 6529 TABLE IV ATTRACTION AND JUNIOR DEPUTY DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 1 ACRE N/A MINIMUM LOT WIDTH 100 FEET N/ A MINIMUM YARDS (MEASURED FROM 20 FEET, PLUS 1 FOOT FOR 20 FEET TRACT BOUNDARY) EACH 2 FEET OF BLDG. HT. OVER 50 FEET MINIMUM YARDS ( MEASURED FROM 25 FEET 20 FEET MPUD BOUNDARIES PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR %Z THE SUM OF 10 FEET STRUCTURES BUILDING HEIGHTS* MAXIMUM ZONED HEIGHT 50 FEET 50 FEET MAXIMUM ACTUAL HEIGHT 75 FEET 75 FEET MINIMUM FLOOR AREA 1000 SQUARE FEET ** N/ A Whichever is greater Not applicable to modular units, trailers, towers, camping pavilion, and similar structures to support the utilization of the attraction facilities, which have no minimum floor area limitations Parking for Junior Deputy: Required parking for the JD designated areas of the MPUD shall be calculated at the rate of one parking space for each 1000 square feet of covered camping pavilion. Junior Deputy Target Orientation: Archery and air rifle ranges shall be oriented for a line of fire only to the east, or north, and shall have a back stop that shall be comprised of absorbing materials such as an earthen berm, hay bales, or similar treatments, each installed according to industry standards, to prohibit projectiles from exiting the range area. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 27 of 51 Page 687 of 6529 Exhibit C og' r s 7F 9m mo gZD F Z. IT = m f 50 0Z 9i ems o L 55 9 j s o fr i3 lit M N uM M N M n ev ° ° sue ply lip a 54 o S A, X sass a I €€ rew[ tT. InR( H 2flln Cf 4. X1.11E mc CIENDA LAKES OFNAPLES, LLC. HACIENDA LAKES CONSUL INc QvdHo eaa r, OVERALL MPUD/ DRI i I& .. a sus" oM.v MASTER PLAN ., MPUD/ DRI o ....°,....: m.,..>,. Page 688 of 6529 5rHAciE EXHIBIT D LEGAL DESCRIPTION A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 11 THROUGH 14 AND 23 THROUGH 25, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 19 AND 30, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE S. 89 °10' 42 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2835. 68 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S. 8901 I' 14 "W. ALONG SAID SOUTH LINE FOR 2906.24 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE S. 89 009' 39 "W. ALONG THE SOUTH LINE OF SAID SECTION FOR 2693. 18 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE S. 89 °I 1' 01 " W. ALONG SAID SOUTH LINE FOR 2693. 80 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE N.00 °13' 35 "W. ALONG THE WEST LINE OF SAID SECTION FOR 2636.34 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE N. 00014' 15 " W. ALONG SAID WEST LINE FOR 2637. 01 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE N.87 °07' 13 " E. ALONG A LINE COMMON TO SAID SECTION 24 AND 25 FOR 1704. 07 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE N.01 ° 08' 02 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 684. 58 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N. 87 012' 28 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 340.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N. 01 ° 04' 11 " E. ALONG THE WEST LINE OF SAID FRACTION FOR 2052.01 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S. 87 °28' 21 " W. ALONG SAID NORTH LINE FOR 2025. 64 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 23 AND 24; THENCE S. 89 °01' 58 "W. ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 FOR 1328. 51 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE S. 01 0 18' 52 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 679. 65 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S. 89 022' 00 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 663. 28 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 01 ° 14' 38 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 675. 75 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE S. 89 °01' 58 "W. ALONG SAID NORTH LINE FOR 664. 25 FEET; THENCE CONTINUE S. 89 °01' 58 "W. ALONG SAID LINE FOR 627. 16 FEET; THENCE N.01 ° 01' 15 "E. FOR 1699. 99 FEET; THENCE S. 89 °01' 58 "W. FOR 701. 42 FEET TO AN INTERSECTION WITH THE EAST LINE OF A 170 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE S. 01 ° 01' 15 " W. ALONG SAID EAST LINE FOR 68. 31 FEET; THENCE S. 89 °01' 58 "W. FOR 1232. 97 FEET TO AN INTERSECTION WITH THE EAST LINE OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE N. 00 °51' 54 "E. ALONG SAID EAST LINE FOR 956.27 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH ( AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID SECTION 14; THENCE N. 87 °37' 31 " E. ALONG SAID PARALLEL LINE FOR 1237. 00 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N.01 ° 01' 15 " E. ALONG SAID EAST LINE FOR 30.05 FEET TO THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N. 87 °37' 31 " E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1337.24 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE N.00 °48' 00 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 2683. 32 TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE S. 87 °31' 38 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 334. 19 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 00 °48' 11 " E. ALONG THE WEST LINE OF SAID FRACTION FOR 1341. 38 FEET TO THE NORTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S. 87 °28'42 "W. ALONG SAID SOUTH LINE FOR 1002.41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE EAST LINE OF SAID FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE N. 00 °48' 45 "E. ALONG SAID WEST Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 29 of 51 Page 689 of 6529 AND EAST LINE FOR 335. 13 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE 5. 87 °27' 58 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 1236. 32 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 21, AT PAGE 183; THENCE N.00 °49'30 "E. ALONG SAID EAST LINE FOR 1004. 62 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 11; THENCE N.00 050'27 "E. ALONG SAID EAST LINE FOR 344. 07 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE N. 87 °28' 56 "E. ALONG SAID NORTH LINE FOR 1235. 95 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE 5. 00 °49' 13 " W. ALONG THE EAST LINE OF SAID FRACTION FOR 342. 92 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N. 87 °25' 45 "E. ALONG SAID NORTH LINE FOR 1336. 32 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE CONTINUE N. 87 °25' 45 "E. ALONG SAID NORTH LINE FOR 668. 16 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE S. 00 °47'37 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671. 11 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14; THENCE N.87 °27' 14 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 668. 22 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 00047' 14 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 671. 39 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N. 87 °28'42 "E. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 14 1336. 55 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE N. 87 °30' 06 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1328. 72 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °38' 50 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1345. 26 FEET TO THE NORTHEAST CORNER OF SAID FRACTION AND THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE N.00 °4 1' 44 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 2707.07 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.87 °40' 34 "E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1321. 29 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 00 °36'23 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2701. 30 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION SAID POINT BEING THE NORTH QUARTER CORNER OF SAID SECTION 13; THENCE S. 87 °26' 11 " W. ALONG THE NORTH LINE OF SAID SECTION FOR 662. 90 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE S. 00 °35' 02 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 1345. 93 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 87 030' 06 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 664. 36 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND SAID SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE S. 00038' 50 "W. ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672. 63 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 87 °32' 03 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665. 09 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 00 °35' 02 "W. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 672. 97 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 87 °33' 59 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 665. 81 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE S. 00 038' 51 " W. ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER FOR 1345. 10 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE 5. 87 °37'27 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 667. 27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE S. 00 °42'40 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344. 51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION AND AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 24; THENCE N. 87 °40' 54 "E. ALONG SAID NORTH LINE FOR 2006. 20 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE 5. 00 °56' 29 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1368. 25 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.87 °34' 58 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1343. 68 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N.00 °4 1' 32 "E. ALONG THE EAST LINE OF SAID FRACTION FOR 1365. 31 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N. 87 °41' 38 "E. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER FOR 1337. 58 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE S. 00 026' 32 "W. ALONG THE EAST LINE OF SAID SECTION FOR 1703. 00 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 30 of 51 Page 690 of 6529 NORTHEAST QUARTER; THENCE 5. 87 033' 18 " W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 672.60 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE S. 00 °34' 02 "W. ALONG SAID WEST LINE FOR 1022. 89 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 87 °28'21 " E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 674. 89 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE S. 88 °12' 42 "E. ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER FOR 3093. 52 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 03 °39'20 "W. ALONG THE EAST LINE OF SAID FRACTION FOR 2676. 74 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE N.88 °56' 10 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 2940.59 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE 5. 87 007' 20 "W. ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 FOR 2726.50 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION; THENCE S. 87 °07' 13 " W. ALONG THE NORTH LINE OF THE NORTHWEST QUARTER FOR 807. 16 FEET; THENCE S. 03 °18' 31 " E. FOR 1451. 00 FEET; THENCE N. 88056' 54 "E. FOR 1582. 00 FEET; THENCE 5. 00 °31' 35 "E. FOR 1130.61 FEET; THENCE S. 89 °15' 59 "E. FOR 1823. 18 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE N.89 °57' 58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2200.53 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S. 00037' 14 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 1344. 51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 89034' 43 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 365. 01 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE WEST HALF OF THE SOUTH HALF; THENCE S. 00041' 48 "W. ALONG THE WEST LINE OF SAID FRACTION FOR 671. 03 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 89023' 00 "E. ALONG THE SOUTH LINE OF SAID FRACTION FOR 364. 14 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE N. 89 °22' 35 "E. FOR 710. 09 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N.00 °52' 45 "E. FOR 1334. 78 FEET TO THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S. 89046' 12 "W. ALONG THE NORTH LINE OF SAID FRACTION FOR 356. 23 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N.00049' 34 "E. ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF FOR 668. 60 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE N. 89 °57' 58 "E. ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 30 FOR 2497.82 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE S. 01 ° 12' 08 "W. ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION FOR 2640.60 FEET TO THE POINT OF BEGINNING. 101, 084, 043 SQUARE FEET OR 2, 320.6 ACRES +/- LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS: PARCEL " A" BEGINNING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF OF SAID SECTION 30; THENCE S. 00 °59' 10 "W. FOR 1329. 95 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE S. 89022' 35 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 355. 05 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N.00 °55' 57 "E. FOR 1332. 36 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE EAST HALF OF THE SOUTH HALF; THENCE N. 89 °46' 12 " E. ALONG THE NORTH LINE OF SAID FRACTION FOR 356.23 FEET TO THE POINT OF BEGINNING. 473, 270 SQUARE FEET OR 10. 9 ACRES +/- PARCEL " B" BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTEROF SAID SECTION 24; THENCE N. 87 °28' 21 " E. ALONG THE NORTH LINE OF SAID FRACTION FOR 1349. 77 FEET TO THE NORTHEAST CORNER OF SAID FRACTION; THENCE S. 00 °40' 10 " W. ALONG THE EAST LINE OF SAID FRACTION FOR 1361. 17 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE S. 87 017'48 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 1356. 51 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 00 056'29 "E. ALONG THE WEST LINE OF SAID FRACTION FOR Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 31 of 51 Page 691 of 6529 682. 86 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE S. 87 °23' 02 "W. ALONG THE SOUTH LINE OF SAID FRACTION FOR 338. 41 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE N. 01 000' 20 "E. ALONG THE WEST LINE OF SAID FRACTION FOR 683. 43 FEET TO THE NORTHWEST CORNER OF SAID FRACTION; THENCE N. 87 °28' 21 " E. ALONG THE NORTH LINE OF SAID FRACTION FOR 337. 61 FEET TO THE POINT OF BEGINNING. 2, 072, 100 SQUARE FEET OR 47. 6 ACRES +/- Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 32 of 51 Page 692 of 6529 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation # 1 seeks relief from LDC Subsection 6. 06.0l. B, related to streets in subdivisions, that requires subdivisions to have platted road rights -of way- for streets, to allow private streets to be provided by separate access easements rather than platted road rights -of way. Deviation #2 seeks relief from LDC Section 5. 04.04.B. 5. c that limits the number of model homes, to allow one model home for each variant of the residential product proposed in the various phases or communities within the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of 60 models for the entire MPUD development. Deviation # 3 seeks relief from LDC Section 5. 06. 02 to allow " boundary marker" signage on property corners fronting on existing, proposed, or future public roadways that provide access to the MPUD. The sign content area for " boundary markers" to be located in the Residential Tract R may be 15 feet in height rather than 8 feet in height as limited in LDC Subsection 5. 06.02B. 6. b. Deviation #4 seeks relief from LDC Section 5. 03. 02. C.2. that limits fence or wall heights to six ( 6') feet, to allow fences or walls to be no greater than eight ( 8') feet throughout the development. Where associated with existing or future public roadways, or Tract A, a 20 foot tall visual screen may be installed as a wall, berm, or wall /berm combination. Deviation # 5 seeks relief from LDC Sections 4. 02. 13 G., and 4. 06.02 C. 5., that requires a six foot tall opaque architecturally finished masonry wall, or berm, or combination thereof be provided around the boundaries of a business park. Buffering around the proposed Business Park Tract would be as required by the entirety of the referenced sections of the LDC, but the six foot wall, or berm, or combination thereof will not be required on the Business Park Tract along the frontage of Lord' s Way. Deviation # 6 seeks to allow one real estate sign in addition to the real estate signage permitted in LDC Section 5. 06.02 B.2., that would be erected off site- from the Residential Tract, in the Commercial Tract. Deviation #7 The existing Swamp Buggy sign located in the southeast corner of Rattlesnake Hammock road and Collier Boulevard shall be allowed to remain in the present location until: the sign is relocated to allow the construction of the bridge to extend Rattlesnake Hammock Road, and /or a new sign can be permitted in Tract C. Deviation # 8 seeks relief from LDC Section 5. 05. 04 D. 1. that limits care unit Floor Area Ratio ( FAR) to 0. 45, to allow a care unit FAR of 0. 60. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 33 of 51 Page 693 of 6529 EXHIBIT F LIST OF OWNER COMMITMENTS For the purposes of this PUD, the owner commitments set forth below are applicable to Hacienda Lakes of Naples, LLC, its successors, and/ or assigns. The owner commitments below shall not be enforceable upon Swamp Buggy Days, Inc., nor Collier County Junior Deputies League, Inc. LEGAL A. Access to Parcel " A ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via a new roadway easement from Owner that shall be recorded in the public records of Collier County, and shall run in a north -south direction from the existing thirty-foot roadway easement recorded in O.R. Book 857, Page 1800. This easement shall be recorded within 90 -days of approval of this PUD. B. Access to Parcel " B ", as described in Exhibit D of this document and is not a part of this MPUD shall be accessible via the existing roadway and ingress /egress easements recorded in O.R. Book 271, Page 505, O. R. Book 622, Page 1609, O. R. Book 245, Page 124, and O. R. Book 287, Page 18. C. No existing public access /roadway easements shall be vacated to preclude access to off site- private and public lands without providing replacement access easements. This new roadway easement shall be equivalent to the existing easement and shall be recorded concurrently with the vacation. II ENVIRONMENTAL A. Native vegetation shall be preserved in this MPUD in accordance with the table below: Hacienda Lakes Native Preserve Summary Description Total Urban ac Rural ac Project Area 2262. 14 625.07 1637. 07 On -Site Native Vegetation 1721. 97 295. 38 1426. 59 Less the Native Veg Within Rattlesnake Hammock Ext. 2. 02 2. 02 0. 00 Less the Native Veg Within The Lords Way Ext. 0.42 0. 42 0.00 Less the Native Veg Within the Benfield Road Corridor 12. 91 5. 01 7. 90 Less the Native Veg Within Archaeological Preserves 6.07 1. 06 5. 02 Native Vegetation For Requirement Calculations 1700. 54 286. 87 1413. 67 Percentage for required Native Preserve 25% Required Native Vegetation* 921. 09 71. 71 849.38 Preserved Native Vegetation ** 1395.35 40. 81 1352. 57 Compensating Native Preserve 2x URF Deficit)" 61. 80 Total Preserve Area 1544. 14 53.06 1491. 08 Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 34 of 51 Page 694 of 6529 Native Preserve Requirement ( LDC Subsection 2.05. 02.B.2.g. ii.) of 90% within the RFMUD Sending Lands exceeds 60% of the total project RFMUD Sending Lands. Therefore, over 60% of the total project RFMUD Sending Lands shall be the required Rural native vegetation area. Compliance with LDC Subsection 3.05. 07 H. 1. a., requires native vegetation planting enhancement of a minimum of 12.24 acres of the project' s URF Subdistrict Preserve Tract. Compliance with 100% of the native vegetation preservation requirement shall be achieved through preserving RFMUD project native vegetation in an amount two times the deficient native vegetation preserve acreage in the URF Subdistrict project lands as is provided for through the adopted GMP amendment. B. A Wetland Mitigation/ Monitoring plan is to be submitted once approved from SFWMD, for County review. C. The MPUD shall be developed in accordance with the Wildlife Habitat Management Plan accepted by Collier County as contained in the Environmental Impact Statement. D. An updated listed species survey for the future development areas shall be submitted prior to the next development order approval. E. Installation of the Sabal Palm Road culvert crossings and spreader swales shall occur prior to the first preliminary acceptance. III ENGINEERING A. A SFWMD ROW permit will be required for widening the bridge at Rattlesnake Hammock/ 951 over the Henderson Creek Canal. IV ARCHAEOLOGICAL and HISTORIC RESOURCES A. The five archaeological sites identified within the Hacienda Lakes parcel are denoted AP, Archaeological Preserve on Sheets 3 - 12 in the MPUD Master Plan Set. These sites must remain undeveloped. A public access easement around the archaeological sites for potential digs and further study has been provided. Disturbance to these five protected archaeological sites may only occur with County approval and approval of the State Division of Historical Resources, and any disturbance shall only be permitted under the direct supervision of a qualified archaeologist. B. Historical /archeological areas are not used to meet preserve requirements because if an archaeological dig is required, then native vegetation would have to be removed. V EMERGENCY MEDICAL SERVICES A. In order to mitigate for the project impacts and demand on Emergency Medical Services EMS), the developer shall provide a one acre parcel to Collier County. This public facility site is identified as " PF" on the MPUD Master Plan ( Exhibit Q. The dedication of the one acre site shall be by deed to Collier County and is subject to an Emergency Medical Services Impact Fee credit based on the fair market value of the donated property. The valuation of the one acre site dedication has been determined to be $ 30, 000 per acre, for the purposes of the Emergency Medical Services Impact Fee credit, and the conveyance shall occur no later than at the time the 500`h residential unit is included in a development order request ( site development plan, or plat), subsequent to the adoption of the DRI Development Order. If Owner conveys to County mitigated land for the real property conveyances described in this paragraph, then Owner shall be entitled to an EMS impact fee credit for the value of the Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 35 of 51 Page 695 of 6529 mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. Developer shall provide documentation acceptable to the County to verify this cost. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project' s mitigation. State and Federal mitigation does not include County required mitigation. In lieu of EMS impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County-owned State or Federal panther and wetlands credits equal to the value of the EMS impact fee credits calculated pursuant to this paragraph. VI TRANSPORTATION For the purposes of the following commitments, it must be understood that the property was divided into three main areas: North area being north of The Lord' s Way extension; South area being south of Rattlesnake Hammock Road plus School; Benfield Road Improvements. The South area commitments shall be constructed in a sequential manner. However, the rest of the commitments are not sequential and can be accomplished in no specific order. Similarly, the three areas identified above are not required to be developed in a sequential manner. SOUTH AREA I. The Owner shall construct ( here forward to mean " constructed to meet minimum County requirements for acceptance "), at its sole expense without road impact fee credits, the initial two lanes ( south side) of Rattlesnake Hammock Road Extension from C. R.951 to Florida Power Line Easement ( approximately 0. 25 miles). In addition, the Owner shall construct the Collier Boulevard/ Rattlesnake Hammock Road intersection interim geometry as shown in Figure 1, below and to improve the bridge on Rattlesnake Hammock Road Extension over the canal to the interim geometry as shown in Figure 1, below. Upon completion ( here forward to mean " completed construction to County minimum requirements, and reserved for future conveyance to the County at the County' s request. ") of all of such improvements, the Owner shall be allowed to develop up to 327, 500 square feet of Retail Land Uses, or Residential Pod A, or some combination of the two land uses. However, the total number of gross trips to be generated by this portion of development shall not exceed 1, 409 PM peak hour trips. In the event that Residential Pod A is developed, access to Pod A will be either an internal private roadway or via an extension of Rattlesnake Hammock Road to the entrance of Pod A. These improvements and the areas allowed to develop upon completion of these improvements are depicted in Figure 1, below. All of these improvements are site related improvements. Hacienda Lakes, PUDZ-2006- AR- 10 146 BCC Approved 10/ 25/ 11 Page 36 of 51 Page 696 of 6529 Figure 1— Hacienda Lakes DRI - Commitment I II. The Owner shall construct, at its own expense and without road impact fee credits, Rattlesnake Hammock Road Extension from Florida Power Line Easement to the road leading into Swamp Buggy grounds ( approximately 0.25 miles) and improve the bridge on Rattlesnake Hammock Road Extension over the canal to the final geometry as shown is Figure 2, below. These improvements are site related improvements. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 20, 000 Square Feet of General Office, and; 50, 000 Square Feet of Medical Office, and; 135 Room Hotel, and; Remaining portion of the 327,500 Square Feet of Retail ( if applicable pursuant to Commitment I), and; Remaining portion of Residential Pod A ( if applicable pursuant to Commitment 1), and; Required residential uses within Activity Center land use; Hacienda Lakes, PUDZ- 2006 -AR -10146 Approved CCPC Consent — Rev. 09/ 15/ 11 Page 37 of 51 Page 697 of 6529 These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 2, below. Fiture 2 —Hacienda Lakes DRi - Commkment 11 III. The Owner shall construct, at its sole expense, Rattlesnake Hammock Road Extension from the road leading into Swamp Buggy grounds to the future Benfield Road as a two lane road, including construction of the Rattlesnake Hammock Road Extension at Benfield Road intersection. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: 919 Student Elementary School, and; Residential Pod B. Since only a portion of the capacity to be provided by this two lane section will be consumed by the Hacienda Lakes PUD, the Owner shall receive road impact fee credits equal to 50% of the cost of this improvement. The cost of this improvement will be determined at the time Hacienda Lakes, PUDZ- 2006- AR- 10 146 Approved CCPC Consent — Rev. 09/ 15/ 11 Page 38 of 51 Page 698 of 6529 of construction, and shall include the fair market value of the land or easement when the Owner conveys the road right of way to the County, free and clear of liens and encumbrances. Fair market value has been determined to be $ 30, 000 per acre. This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 3, below. Fifty percent ( 50 %) of the cost of this improvement is deemed a site -related improvement. Flaure 3 —Hacienda Lakes DRI - Commitment 111 NORTH AREA IV. With no improvement other than a bridge to be constructed by the Owner, at its sole cost and without road impact fee credit, over the water canal that runs parallel to C. R.951 at the northern project site access, the Owner shall be allowed to develop Residential Pod C ( not to exceed 300 PM peak hour trips at the connection to C. R.951). This improvement and the area allowed to develop upon completion of this improvement are depicted in Figure 4, below. At no time will the County accept ownership of this bridge. This improvement is a site related improvement. Hacienda Lakes, PUDZ- 2006 -AR -10146 Approved CCPC Consent — Rev. 09/ 15/ 11 Page 39 of 51 Page 699 of 6529 Figure 4 —Hacienda lakes SRI - Commitment IV rl__„, Residential Pod C I 6 S 1%_ 1 Florida Power Line Easement Rattlesnake 7 Residential Residential Pod B 17, 14 Pod A \ I L Existing Lanes/ Turn Lanes — — L Lanes/ Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed j_ Area Previously Developed Area to be Developed V. The Owner shall, at its sole expense and without road impact fee credits, complete the reconstruction of The Lord' s Way from C. R.951 to Florida Power Line Easement and construct the extension of The Lord' s Way from Florida Power Line Easement to the west entrance to the Business Park with a two lane undivided cross section. In addition, when the Collier Boulevard at The Lord' s Way intersection is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area ( east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. These improvements are site -related improvements. Upon completion of such road improvement, the Owner shall be allowed to develop the following additional land uses: Business Park, and; Residential Pod D. Hacienda Lakes, PUDZ-2006- AR- 10 146 Approved CCPC Consent —Rev. 09/ 15/ 11 Page 40 of 51 Page 700 of 6529 These improvements and the area allowed to develop upon completion of these improvements are depicted in Figure 5, below. Florida Power Une Easement Residential Pod C Residential" x; Pod r ttt Residential Residential Pod B r. ry Pod A c k \ 1mid to Existing Lanes/ Turn lanes Lanes/ Turn Lanes to be Constructed /Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Previously Developed Area to be Developed When the DRI has received certificates of occupancy for 66 percent of the total commercial and residential development authorized by the DRI, Collier County will perform an evaluation and inform the Owner if it is necessary to convey road right of way to the County for the section of The Lord' s Way Extension from the west entrance to the Business Park/ School to Benfield Road. If Collier County requests the road right of way, the Owner shall convey by road easement to the County the needed road right of way up to a width of 60 feet, free and clear of all liens and encumbrances, and shall receive impact fee credits equal to 100 percent of the fair market value of the road easement conveyed to the County which has been determined to be $ 30, 000 per acre. No further certificates of occupancy shall be issued until the road easement conveyance is recorded in the public records of Collier County. If this segment of The Lord' s Way is not deemed necessary ( through documentation, or lack thereof, in the LRTP or the CIE) by the time the development achieves 66 percent of the total approved development quantities, this commitment shall be considered expired. Hacienda Lakes, PUDZ- 2006 -AR -10146 Approved CCPC Consent —Rev. 09/ 15/ 11 Page 41 of 51 Page 701 of 6529 BENFIELD ROAD IMPROVEMENTS VI. The Owner shall construct, at its sole expense Benfield Road from Rattlesnake Hammock Road Extension to the entrance of Residential Pod E with a two lane undivided cross section and reserve the right of way necessary for the final 4 lane divided cross section. Residential Pod E shall be connected in a consistent manner with the County' s right of way reservation plans or construction plans for future Benfield Road sections. Upon completion of such improvement and acceptance by Collier County of the improvements, the Owner shall convey to the County a road easement for the road right of way needed for this section of Benfield Road up to a width of 120 feet, free and clear of all liens and encumbrances. Upon recordation of the road easement in the public records of Collier County, the Owner shall receive road impact fee credits for 50% of the fair market value of the road easement necessary for this section of Benfield Road and for 100% of the increase in cost resulting from the construction of the road according to County Standards ( arterial) instead of as a local subdivision road. The fair market value of 50% of the conveyance of the road right of way easement to the County has been determined to be $ 30, 000 per acre. Fifty percent 50 %) of the fair market value of the road right of way easement and the total cost of the improvements are site -related improvements. The Cost of this improvement will be determined at the time of construction. Upon completion of such improvement, the Owner shall be allowed to develop the following additional land uses: Residential Pod E. These improvements and the area allowed to develop upon completion of this improvement are depicted in Figure 6, below. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 42 of 51 Page 702 of 6529 Florida Power line Easement Resksendal`' v Pod C Resdential Pod ; Residential Pod E 1 The lad' Rattlesnaft Hammock i g ResldeMisl ` _ Pod B Pod A ` k IV ' Xna g Lanes/ Tum Lanes L ianrt/ Twn Lanes to be Canuructed/ Reconstructed Roadway Segment Previously Constructed Roadway Segment to be Constructed Area Prevlou* Dew4oped Area to be Developed VII. Benfield Road South of Rattlesnake Hammock Extension and north of Residential Pod E connection to Benfield Road: the Owner will convey right of way to Collier County by road easement for Benfield Road on areas not to be built by Owner up to a width of 120 feet, free and clear of all liens and encumbrances. Upon such conveyance, Collier County will provide road impact fees credits for 100% of the fair market value of the road easement. The value of the right of way has been determined to be $ 30,000 per acre. The area to be conveyed is depicted in Figure 7, below. Hacienda Lakes, PUDZ- 2006 -AR -10146 Approved CCPC Consent —Rev. 09/ 15/ 11 Page 43 of 51 Page 703 of 6529 Hacienda Lakes ON - Florida Power Line Easement Residenttai ` ' I Residents Pod D Residential Pod E Ratdemm Mammal; Rpa4wension Netider ttal Pod B Pod A Lti>i ti y E sLsueg Larvra/ Tum Lanes L Lanes/ Tum Lanes to be Constructed/ Reconst.. ted Roadway Segment Previously Corntrutud r_ Riet of Way to be Preserved Atea PteviocMy Developed Area to be Developed VIII.VIII. BenfieldBenfield RoadRoad SouthSouth ofof SabalSabal PalmPalm Road:Road: the the OwnerOwner shallshall conveyconvey by by roadroad easementeasement toto thethe CountyCounty thethe rightright ofof wayway neededneeded forfor thethe futurefuture constructionconstruction ofof BenfieldBenfield RoadRoad south south ofof SabalSabal PalmPalm RoadRoad ( ( approximatelyapproximately 1.1. 0000 mile)mile) upup toto aa widthwidth ofof 120120 feetfeet free free andand clearclear ofof allall liensliens andand encumbrancesencumbrances andand at at nono expenseexpense toto thethe County.County. InIn addition,addition, thethe OwnerOwner shallshall receivereceive nono impactimpact feefee creditscredits forfor suchsuch rightright ofof wayway conveyance.conveyance. ThisThis isis aa sitesite - - relatedrelated improvement.improvement. TheThe areaarea toto bebe dedicateddedicated isis depicteddepicted inin FigureFigure 8,8, below.below. HaciendaHacienda Lakes,Lakes, PUDZ-PUDZ- 2006-2006- AR-AR- 1010 146146 ApprovedApproved CCPCCCPC ConsentConsent — — Rev.Rev. 09/09/ 15/15/ 1111 PagePage 4444 ofof 5151 Page 704 of 6529 to IX. As a part of its State and Federal permits, the Owner shall pay for mitigation required for State and or Federal environmental impacts arising from the permitting for portions of Benfield Road described in Commitments VI and VII. In addition to this commitment, the Owner shall at no cost to County either: ( 1) Convey drainage easement(s) to the County for their stormwater management facility needs free and clear of all liens and encumbrances, or 2) agree to accept stormwater from Benfield Road into the Project' s stormwater management system. These are site -related contributions. X. At two thresholds during construction of this DRI, the Owner shall provide to Collier County a transportation analysis which compares the value of the Owner' s contribution to the County' s public road network against the DRI' s proportionate share, ( as defined in the State of Florida' s HB 7207) of which this DRI impacts County and State road segments. If Owner' s contribution is less than its impact based on the transportation analysis, then Owner shall pay to County the difference in three installments starting 90 days after the transportation analysis is agreed to by both parties, and then each 90 days thereafter until paid in full. The transportation contribution by the Developer shall be defined as the sum of all road impact fees paid to date, the costs of the non site -related transportation Hacienda Lakes, PUDZ- 2006-AR- 10 146 Approved CCPC Consent — Rev. 09/ 15/ 11 Page 45 of 51 Page 705 of 6529 improvements ( those receiving road impact fee credits) on Rattlesnake Hammock Road, Benfield Road and the Lords Way, plus the value of any road right -of way- conveyance by donation to the County unless otherwise calculated as an impact fee credit. The first transportation analysis shall be submitted to the County when 33% of approved development trips ( 1, 109 total gross trips) have been permitted based on building permit issuance, without projecting forward growth. The second transportation analysis will be submitted when 66% of the approved development trips ( 2, 219 total gross trips) have been permitted based on building permit issuance, with a projection toward build out. The second analysis and reconciliation will finalize any transportation related assessments owed by the Developer for the build out of the Project. With the annual PUD monitoring report, Developer shall provide an annual trip generation analysis of trips approved by Site Development Plan approval and building permit issuance compared to total trips approved within the DRI. Upon triggering 33% or 66% as described above, Developer shall submit the transportation analysis described in this paragraph within six months. No certificates of occupancy shall be issued until the traffic analysis and annual trip generation analysis required by this paragraph and any payments due have been delivered to County, unless the BCC grants an extension. XI. Prior to the issuance of a certificate of occupancy for the first 75, 000 square feet of retail land uses, the Owner shall construct, at its sole expense, a Collier Area Transit ( CAT) stop /shelter fronting the Commercial Tract C that shall include a 10' x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three ( 3) bike racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site -related contribution. XII. Prior to the issuance of a certificate of occupancy for the first 70,000 square feet of business park land uses, or prior to the issuance of a certificate of occupancy for a school or educational facility in the Business Park Tract, the Owner shall construct, at its sole expense, a Collier Area Transit ( CAT) stop /shelter fronting the Business Park Tract BP that shall include a 10' x 20' pavilion shelter with benches and protection from the elements, and include a minimum of three ( 3) bike racks. Owner shall be responsible for maintenance of the bus stop /shelter unless Owner elects to convey to County at no cost to County an easement for the bus shelter. The location of the CAT shelter is generally depicted below on the Master Mobility Plan. This is a site -related contribution. XIII. DRI traffic studies identified an off site- impact at the interchange of I -75 and S. R. 951 Ramps Intersection, specifically in the left -turn movement serving the northbound S. R. 951 to westbound ( northbound) I -75 turning movement. Assessments of this operation in 2011 indicate that changes to lane usage and signage could augment the acceptable operation of the intersection and delay the impacts of the DRI. Hacienda Lakes traffic becomes significant ( exceeds five percent of service volume) at this location at 46.2 percent of site traffic generation. When the first transportation analysis required under subsection X above is undertaken ( e.g. at 33 percent of site traffic generation), the existing traffic flow and level of service at this location will be reviewed and projected to the build -out of the DRI. If the 2011 operational assessment is confirmed and the intersection is, or will be, operating at an unacceptable level of service as determined by County or FDOT, then the Developer will identify a solution to offset its impacts and/or restore acceptable operating conditions, and contribute its proportionate share, per subsection X above, of the cost of the improvement to the appropriate government agency. If a proportionate share payment is identified as needed, the owner shall receive road impact fee credits for 100 percent of this contribution. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 46 of 51 Page 706 of 6529 XIV. If Owner conveys to County mitigated land for the real property conveyances that are eligible for impact fee credits described in Subsections III, V, VI and VII of this Article VI, Transportation, then Owner shall be entitled to a transportation impact fee credit for the value of the State and Federal environmental mitigation, as a cost of construction for public facilities. The value of the mitigation shall be a per acre value calculated at the total cost of state and federal mitigation of the environmental impacts including wetland and wildlife impacts divided by the impacted acreage of 718 acres. The total cost of State and Federal mitigation includes land costs for onsite preserves used for mitigation, environmental permitting costs, exotic removal, enhancement of preservation lands, creation of wildlife habitat, hydrological improvements and any mitigation activity required in the Army Corps of Engineers permit and South Florida Water Management District permit for the project in order to address the project' s mitigation. State and Federal mitigation does not include County required mitigation. Developer shall provide documentation acceptable to the County to verify this cost. In lieu of transportation impact fee credits for environmental mitigation, the County reserves the right to transfer to Developer or Owner County-owned State or Federal panther and wetlands credits equal to the value of the transportation impact fee credits calculated pursuant to this Subsection XIV. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 47 of 51 Page 707 of 6529 1 1 1 LoWnd Land Use CAT STOPISHELTER Attraction Tract Proposed CAT Routs 4A 8 48 Extension Business Park or School Existing CAT Rouse 4A 8 48 Commercial Ch / Q Exbung CAT Fadkty 4A Preserve Tract 10 Exis" CAT Facility 48 Public Fadities Trad (EMS) U / Exi" CAT Routs 7 Junior Deputy Proposed Pedestrian Facilities School W / Exabrig Shared Use Pah Residential Trad J / pProject Boundary Residential i Medical Use OM / Development Boundary Public ROW Reservation d'W J J O EXISTING CAT ROUTE 7 i (TO MARCO ISLAND) Proposed Acest" pedaWlan Fadlities VWU as Extended Along AN DEVELOPER Internal Ras" Even it Not Shown 1 PROPOSED CAT STOP /SHELTER, THE LORD' S WAY POTENTIAL CAT STOP /SHELTER/ PROPOSED 4A 3 48 CAT ROUTE EXTENSION DEVELOPER Proposed \ PROPOSED Acmes CAT STOP/SHELTE RATTLESNAKE 1 PROP. RATTLESNAK HAMMOCK RQ, HAMMOCK RD. EX1 POTENTIAL CAT STOP/SHELTER EXISTING CAT ROUTE 4A aeiStles WWI as Alerq AB Wornal Roads K Not shown evneTrun_ EX13TING CAT CAT W CAT FACILITY FACILITY ROUTE 4A 4A (TYP) 48 (TYP) STATE 348\ LANDS d 1? A 1IA' " I Hacienda Lakes Fea is i Master Mobility Plan a- P— Or_, r+... o oe.: ear e. mroPage 708 of 6529 c,,. na VII PUBLIC UTILITIES A. Per the current 2008 Water and Sewer Master Plan Update, the majority area of this project is located within the Collier County Water -Sewer District Boundary; there are some areas of this project that currently are outside of the Collier County Water & Sewer District Boundary. The areas that are not part of Collier County Water -Sewer District also do not belong to any other Water -Sewer District. Since Public Utilities can provide service as requested by this project, Impact Fees will be applied to the entire area to be developed. B. The project shall connect to the CCWSD potable water system at a location to be determined by the CCWSD when capacity is available. C. The project shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD, when capacity is available. D. This future development is located on the zone of the existing South Hawthorn Wellfield for the wellfield- SCRWTP expansion to 20 MGD. The Rules and Regulations for protection of well fields shall be followed. All well sites and pipeline easements located on and close to this development needs to be shown on all future site development plans, PPL or any other site plans applications. VIII PLANNING A. Prior to the issuance of the first residential Development Order in the Hacienda Lakes MPUD, the Base TDR Credits and Early Entry TDR Bonus Credits shall be severed and redeemed from all Sending Lands to be preserved within one mile of the Urban Residential Fringe and the filing of executed Limitation of Development Rights Agreement( s) shall occur for these same lands. B. A permanent conservation mechanism, including Limitation of Development Rights Agreement( s), [ shall] be attached/ applied to all Sending Lands to be preserved beyond one mile of the Urban Residential Fringe prior to final approval of the first Site Development Plan ( SDP) for the Hacienda Lakes project. IX SWAMP BUGGY DAYS RECREATION AND SPORTS PARK PUD GENERAL DEVELOPMENT COMMITMENTS The following commitments shall only apply to the Attraction and Junior Deputy Tracts: General Provisions A. All motor racing shall normally be limited to weekends and holidays. No motor racing or practice will commence earlier than 9: 00 a.m. and all racing shall be completed no later than 11: 00 P. M. B. The shooting and archery ranges shall meet accepted design standards regarding safety and shall be operated and maintained in accordance with accepted safe practices. For security and safety, access to the shooting and archery range areas shall be limited by fencing or other suitable barriers. Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 49 of 51 Page 709 of 6529 C. Fencing and/or other suitable barriers will be provided on the site by the Owner for security, safety, and traffic control. Roadways and Traffic A. Roadways within the subject property shall be private roadways and shall be maintained by the Owner. Therefore, said roadways shall be constructed and surfaced in accordance with accepted practices and as permitted by the County Engineer. B. For special events such as the Swamp Buggy races, and as deemed necessary by the County Sheriff, the Owner will arrange for special traffic control at the intersection of the main entrance road with CR 951 and Rattlesnake Hammock Road. Utilities and Service Facilities A. The potable water supply source for the project shall be the County regional water system ( now known as the Collier County Water Sewer District). B. Permanent sanitary facilities shall be provided for everyday use by administrative and other personnel. Treatment and disposal of wastewater from said facilities shall be by septic tank/drainfield, or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/or State regulatory agencies. C. Sanitary facilities for spectators and participants at scheduled events shall consist of portable toilets ( provided by a licensed commercial service), or permanent restroom facilities, or both. Wastewater from any permanent facilities provided for spectator use shall be stored in a buried holding tank of suitable capacity and subsequently removed and disposed of offsite by a licensed commercial service; or as otherwise permitted by Florida Administrative Code and approved by the appropriate local and/ or State regulatory agencies. D. Onsite water well or wells may be constructed ( as permitted) for flooding of the Swamp Buggy track and other non -potable uses. X DEVELOPMENT OF REGIONAL IMPACT A. One entity ( hereinafter the Managing Entity) shall be responsible for PUD and DRI monitoring until close -out of the PUD and DRI, and this entity shall also be responsible for satisfying all PUD /DRI commitments until close -out of the PUD and DRI. At the time of this PUD approval, the Managing Entity is Hacienda Lakes of Naples LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD and DRI by the new owner and the new owner' s agreement to comply with the Commitments through the Managing Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 50 of 51 Page 710 of 6529 Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD and DRI are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD and DRI commitments. CP \10- CPS -01024 \119 Hacienda Lakes, PUDZ- 2006 -AR -10146 BCC Approved 10/ 25/ 11 Page 51 of 51 Page 711 of 6529 i ti Q U O H ti a m a F Q tx W Qz Z a rn W Wr>~ A app ww Azd 00 xwa W o H o C) w a U w v a Q D z w W rs a awl a Page 712 of 6529 WWd o H w x w a C7 Q a H O 4 H d w a 0 O N xx UU dd W w O w cn z xx co a w 33 Q zW wo 5 C4 U v H z w x U d d Page 713 of 6529 HACIENDA LAKES PUD RESIDENTIAL WORKSHEET FOR EACH SDP / PLAT / BUILDING PERMIT TOTAL PROJECT RESIDENTIAL UNITS: 1, 760 [ UP TO 1, 232 MAY BE MULTI -FAMILY] MANDATED UNITS BY GMP: 17 IN C DISTRICT 13 IN R/ MU FROM C 25 IN RMU 55 MANDATED RES UNITS NON -MANDATED UNITS: 1, 705 UNITS [ UP TO 1, 232 MAY BE MULTI -FAMILY IN ENTIRE PUD] REDUCED BY: 1. CARETAKER' S RESIDENCES IN ENTIRE PUD 2. UNITS USED FOR CONVERSION TO RV [ UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] 1 RES UNIT = 2. 73 RV UNITS 3. UNITS USED FOR CONVERSION TO SENIOR HOUSING [ UP TO 112. 50 RES UNITS FOR 450 SENIOR HOUSING UNITS IF DERIVED FROM RESIDENTIAL] 1 RES UNIT = 4 SENIOR HOUSING EXCEPT INDEPENDENT LIVING SINGLE FAMILY STYLE UNITS ARE 1 TO 1. AT SDP, DETERMINE WHICH MANDATED RES UNITS OR NON -MANDATED UNITS ARE MULTI -FAMILY AND WHICH ARE SINGLE FAMILY DISTRICTS THAT ALLOW RES: C DISTRICT: 17 RES UNITS ( MANDATED) R DISTRICT: RMU DISTRICT: 38 UNITS ( MANDATED) CONVERSIONS: TO RV IN RV DISTRICT: DEDUCT UP TO 106 RES UNITS IF 290 RV UNITS ARE DEVELOPED] TO SENIOR HOUSING: DEDUCT UP TO 112. 50 IF RES UNITS ARE DERIVED FROM RESIDENTIAL] TOTAL: 1, 760 3 of 5 Page 714 of 6529 HACIENDA LAKES PUD COMMERCIAL WORKSHEET FOR EACH SDP TOTAL PROJECT COMMERCIAL INTENSITY 327, 500 RETAIL IN GROSS FLOOR AREA: 70,000 OFFICE 140, 000 BP 92, 000 HOTEL OF 135 ROOMS BP DISTRICT: A) _ 140, 000 SF OF GROSS FLOOR AREA OF BP USES AND IF HOTEL BUILT HERE AND NOT IN C DISTRICT, ADD 92, 000 SF OF GROSS FLOOR AREA FOR HOTEL UP TO 135 ROOMS ( HOTEL CONVERSION DISAPPEARS) OR IF NO HOTEL IN BP & NO HOTEL IN C, ADD 60, 000 SF OF GROSS FLOOR AREA OF BP USES ( THIS IS HOTEL CONVERSION) OR B) PRIVATE OR PUBLIC SCHOOL UP TO 140, 000 SF OF GROSS FLOOR AREA EXCLUDES COLLIER COUNTY SCHOOL DISTRICT PUBLIC SCHOOLS) R/MU DISTRICT: UP TO 50,000 SF OF GROSS FLOOR AREA OF MEDICAL -RELATED USES ALL USES ARE OFFICE USES EXCEPT FOR DRUG STORES AND PROPRIETORY STORES ( GROUP 5912) WHICH IS RETAIL] CHECK APPROVED RETAIL IN TRACT C — CAN' T GO OVER 327,500 SF OF GROSS FLOOR AREA OF RETAIL IN THE ENTIRE PUD] CHECK OFFICE IN TRACT C — CAN' T GO OVER 70,000 SF OF GROSS FLOOR AREA IN ENTIRE PUD] TRACT C: 327, 500 SF OF GROSS FLOOR AREA OF RETAIL; 1. DEDUCT MEDICAL RETAIL APPROVED IN RMU 2. DEDUCT SF OF GROSS FLOOR AREA OF SENIOR HOUSING NOT DERIVED FROM RESIDENTIAL UNITS [ MAX 450 SENIOR HOUSING UNITS IN ENTIRE PUD] 4of5 Page 715 of 6529 3. UP TO 81, 875 SF OF GROSS FLOOR AREA OF RETAIL CAN BE CONVERTED TO OFFICE [= 25% OF TOTAL]; AND IF NO HOTEL IN BP & HOTEL CONVERSION NOT USED IN BP, ADD 92, 000 SF OF GROSS FLOOR AREA OF HOTEL UP TO 135 ROOMS; AND 70,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE USES 1. DEDUCT UP TO 50,000 SF OF GROSS FLOOR AREA OF PROFESSIONAL AND GENERAL OFFICE IF APPROVED IN RMU DISTRICT CONVERSIONS IN TRACT C: UP TO 25% OF RETAIL CAN BE CONVERTED TO OFFICE [ UP TO 81, 875 SF] RETAIL TO OFFICE ON A ONE -TO -ONE BASIS [ UP TO 81, 875 SF] RETAIL TO SF SENIOR HOUSING ON A ONE -TO -ONE BASIS [ MAY HAVE 450 SENIOR HOUSING UNITS IN ENTIRE PUD] 5of5 Page 716 of 6529 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011 - 41 Which was adopted by the Board of County Commissioners on the 25th day of October, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of October, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board, of....._r ti• County Commissio7si ••, RS•, 3 ' r, r z By: Martha VercYa, Deputy Cle' k; L -` V • 8 ", V Page 717 of 6529 lte' EXECUTIVE SUMMARY PUDZ-2006-AR-10146: Hacienda Lakes MPUD -- 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 Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A), Agricultural-Special Treatment Overlay (A-ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing “swamp buggy” attraction and “Junior Deputy” passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84-26, for swamp buggy grounds; and by providing an effective date (Companion to Petitions DRI-2006-AR-10147 and CP-2006-11). OBJECTIVE: To have the Board of County Commissioners (BCC) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: Approval of this project to allow for a mix of residential, commercial (retail and office), hotel, business park or education facility uses as well as the continuation of existing junior deputies passive recreation and existing swamp buggy attraction uses. The petitioner is requesting approval of this PUD for Hacienda Lakes to allow development as shown below. TRACT TYPE UNITS. ACREAGE ± TRACT “R” RESIDENTIAL 1,714 447.86 TRACT “R/MU“ RESIDENTIAL/MEDICAL USE 25 min. 38.82 TRACT “BP” BUSINESS PARK 1 35.38 TRACT "C" COMMERCIAL 17 min 34.16 TRACT “A” ATTRACTION 1 47.27 TRACT “P” PRESERVE 0 1,544.14 Hacienda Lakes MPUD: PUDZ-2006-AR-10146 Page 1 of 7 Revised: 9/21/11 BCC Hearing Date 10/11/11 Page 718 of 6529 TRACT “PF” PUBLIC FACILITY 0 1.33 TRACT “JD” JUNIOR DEPUTY 2 21.62 TRACT “ROW” PUBLIC RIGHT-OF-WAY 0 72.01 TRACT “S” SCHOOL 0 19.55 Total 1,760 2262.14 (NOTE: If the developer decides to develop an RV use, it must consist of not less than 20 acres, and that acreage would be subtracted from the R designated area.) As proposed the project will be developed in one eight-year phase that is to be divided into two stages (2012-2016 and 2015-2019 as shown below as an excerpt from Master Plan), with development to begin in 2012. Buildout is projected to occur in 2019. These dates could be adjusted based upon approval date and appeal periods. This PUD application is one of three applications under consideration for the subject site. Companions to this application are a Comprehensive Plan Amendment (GMPA) and an Application for Development Approval (ADA) of a Development of Regional Impact (DRI). The Swamp Buggy Days lands are included within this project. The project incorporates the Swamp Buggy Days PUD (Ordinance #84-26) uses. That will allow the uses that were permitted in that project to continue, or be established if they have not been. Please refer to Section VI. Tract “A” Attraction Permitted Uses,” and IX. “Swamp Buggy Days Recreation and Sports Park PUD General Development Commitments.” FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The County’s Future Land Use Map designates [approximately 1,637 acres] of the subject site as Rural Fringe Mixed Use District (RFMUD) Sending Lands, Belle Meade Natural Resource Protection Area (NRPA) Overlay. The balance of the site has the future land use designations of the Urban Residential Fringe ( URF) Subdistrict, and Mixed Use Activity Center (MUAC) No. 7. Policies and Provisions for these designations are located in the FLUE and the CCME of the Growth Management Plan. The property owner submitted an application to amend the GMP (GMPA) in petition CP-2006- 11 seeking to amend the Future Land Use Element (FLUE) and Conservation and Coastal Hacienda Lakes MPUD: PUDZ-2006-AR-10146 Page 2 of 7 Revised: 9/21/11 BCC Hearing Date 10/11/11 Page 719 of 6529Management Element (CCME). That petition is a companion to this petition and it must be approved in order for this petition to be consistent with the GMP. For more details, please refer to the Comprehensive Planning Staff memo, dated July 12, 2011. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 1, 2011, and by a vote of 7 to 0 (Paul Midney was not present and there is one vacant position on the Commission), with Commissioner Schiffer making the motion and Commissioner Ahern seconding the motion, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following changes to be made to the PUD document: Exhibit A: 1) Project Land Use Tracts: Adjust Tract C to remove 2.51 acres because it is already included in Tract ROW; 2) Tract R/MU: Remove "units or RV" from introductory paragraph; 3) Tract BP Permitted Uses: Correct #16; 4) Tract C: Change "PB" to "BP" in the introductory paragraph; 5) Tract A Principal Uses: Revise Item 8 to address DRI substantial deviation requirements; 6) Tract S Accessory Uses: Add "Recreational Facilities"; 7) Signs: Renumber the deviation references to reflect the petitioner's withdrawal of the previous deviation #1; Exhibit B: 1. Revise Table II paragraph to address Collier County public schools; 2. Revise Table III paragraph to address Collier County public schools; 3. Maximum Density and Intensity – Residential Density: correct the number 1,332 to 1,232; 4. Land Use Conversion Factors – Residential Density: Refine the RV, Senior Housing Uses and total residential uses; 5. Land Use Conversion Factors: Clarify the BP tract school facilities use; 6. Land Use Conversion Factors – Senior Housing Intensity: add the word "project"; 7. Land Use Conversion Factors: Clarify the total project intensity; 8. Recreational Vehicle Park Criteria: Remove references to Tract R as the applicant has added a separate RV designation; 9. Recreational Vehicle Park Criteria: Clarify that the RV parcels cannot be less than 20 acres in size instead of 24.2 acres; 10. Sign Development Standards: Renumber the deviation reference to reflect the petitioner's withdrawal of the previous deviation #1; 11. Site Development or Plat Approval: add "with each SDP or plat application" to the end of the item. 12. Table I: Remove the column townhouse alley design; 13. Table I: Add "or ½ the building height whichever is greater" to Minimum Distance for MPUD; 14. Table I footnote: Add "zoned" to Building Height; 15. Table I notes – Remove Note #2 about Firewall protrusion; 16. Table I notes Note #3: Change 50 feet to 35 feet; 17. Figures 2-5: Revise each exhibit to correct the "Preserve Cloud" location; 18. Figure #6: Delete this figure; Hacienda Lakes MPUD: PUDZ-2006-AR-10146 Page 3 of 7 Revised: 9/21/11 BCC Hearing Date 10/11/11 Page 720 of 6529 19. Table II: Add "including mixed use buildings" to the title; 20. Table II -- Minimum yards: Replace "tract" with "lot" and add "or ½ the building height whichever is greater"; 21. Table II – Revise Maximum zoned height from 75 feet to 50 feet and 85 feet to 60 feet actual height, adding a footnote to exempt hotel, destination resort, senior housing or mixed use buildings that can be up to 75 feet in zoned height and 85 feet in actual height; 22. Table II Footnotes: remove the unused iii. 23. Table III – Add "Collier County School District" to the exclusion in the title; 24. Table III – Remove "SBR" and "including portable classrooms" from all locations in this table; 25. The Lord's Way Access Improvements: Remove two instances of the word "generally"; Exhibit C: Modify R/RV to R or RV; Exhibit E: 1. Deviation #1 was withdrawn by the applicant, therefore the deviations shall be re-numbered. 2. Deviation #5 (now #4) shall be revised to reflect a wall will not be required on the Business Park tract for the Lord's Way frontage only. Exhibit F: 1. I--Legal Item C: Add language to require a replacement easement for the Boness tract; 2. II--Environmental: Table footnote. Correct citation to read LDC Subsection 2.05.02.B.2.g.ii; 3. IV--Archaeological and Historic Resources: Add language to require approval from the State of Florida Division of Historical Resources; 4. V--Emergency Medical Services: Add language to address EMS impact fee credits for mitigation; 5. V--Emergency Medical Services: Add the number $30,000 for acreage valuation. 6. VI—Transportation – South Area III: Add the $30,000 per acre number for fair market value; 7. VI—Transportation – North Area V: Remove "140,000 square feet of" at the beginning of Business Park; 8. VI—Transportation – North Area V: Change width of 90 feet to width of 60 feet; 9. VI—Transportation – North Area V: Add the $30,000 per acre number for fair market value; 10. VI—Transportation – Benfield Road Improvements VI: Change width of 150 feet to 120 feet; 11. VI—Transportation – Benfield Road Improvements VI: Add "100% of" before "the increase in cost…;" 12. VI—Transportation – Benfield Road Improvements VI: Add the $30,000 per acre number for fair market value; 13. VI—Transportation – Benfield Road Improvements VII: Change width of 150 feet to 120 feet; 14. VI—Transportation – Benfield Road Improvements VI: Add the $30,000 per acre number for fair market value; Hacienda Lakes MPUD: PUDZ-2006-AR-10146 Page 4 of 7 Revised: 9/21/11 BCC Hearing Date 10/11/11 Page 721 of 6529 15. VI—Transportation – Benfield Road Improvements VIII: Change width of 150 feet to 120 feet; 16. VI—Transportation – Benfield Road Improvements XIII: Add language into the PUD document similar to what is in the DRI DO Transportation Item G; 17. VII—Public Utilities – Revise language to mirror the Utilities information from the DRI DO; The changes requested have been made to the draft Ordinance, and the petition was approved on the September 15, 2011 CCPC Consent agenda. Because the staff report recommended approval and CCPC approval recommendation was unanimous, and there is no correspondence in opposition, this petition can be placed on the Summary Agenda. LEGAL CONSIDERATIONS : [Quasi-judicial, Four-fifths vote for approval] This PUD gives the applicant multiple options for development by allowing conversions from one use to another, both within a proposed district and also from one district to another. These conversions make the PUD very complex and difficult to administer. The LDC does not expressly allow conversions. If the BCC elects to approve this PUD with the conversions, then the County Attorney’s Office recommends an LDC amendment to allow for conversions. This is a site specific rezone to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project to be known as the Hacienda Lakes MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for MPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: 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. 2. Is there an adequacy of evidence of unified control and suitability of 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. 3. Consider: Conformity of the proposed MPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: 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. Hacienda Lakes MPUD: PUDZ-2006-AR-10146 Page 5 of 7 Revised: 9/21/11 BCC Hearing Date 10/11/11 Page 722 of 6529 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with MPUD 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. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change 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 ? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Hacienda Lakes MPUD: PUDZ-2006-AR-10146 Page 6 of 7 Revised: 9/21/11 BCC Hearing Date 10/11/11 Page 723 of 6529 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: 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. 25. Consider: The impact of development resulting from the proposed MPUD rezone 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 [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney’s Office. This item has been reviewed for legal sufficiency and is legally sufficient for Board action. An affirmative vote of four is necessary for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approve the request subject to the attached PUD Ordinance that includes both the staff recommendation and the CCPC recommendation. PREPARED BY: Kay Deselem, AICP, Principal Planner, Zoning Services Section, Land Development Services Department, Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Comprehensive Planning Memo, dated July 12, 2011 3) Ordinance 4) Back up material information sheet Hacienda Lakes MPUD: PUDZ-2006-AR-10146 Page 7 of 7 Revised: 9/21/11 BCC Hearing Date 10/11/11 Page 724 of 6529Page 725 of 6529Page 726 of 6529Page 727 of 6529Page 728 of 6529Page 729 of 6529Page 730 of 6529Page 731 of 6529Page 732 of 6529Page 733 of 6529Page 734 of 6529Page 735 of 6529Page 736 of 6529Page 737 of 6529Page 738 of 6529Page 739 of 6529Page 740 of 6529Page 741 of 6529Page 742 of 6529Page 743 of 6529Page 744 of 6529Page 745 of 6529Page 746 of 6529Page 747 of 6529Page 748 of 6529Page 749 of 6529Page 750 of 6529Page 751 of 6529Page 752 of 6529LauraDeJohnVEN From: LauraDeJohnVEN Sent: Thursday, July 10, 2025 1:31 PM To: 'mspokojny@aol.com' Cc: Ailyn Padron; Ray Bellows; Michael Sawyer; Michael Bosi Subject: RE: Planning Commission Meeting July 17, 2025 Milt, Thank you for providing input for the 7/17 CCPC meeting. I will include your email and attachment in the backup documentation for the meeting. Please be aware that the Traffic Study referenced in your correspondence (the applicant’s January 2025 Traffic Study) is associated with the pending Site Development Plan application (County application # PL20240000445). The Planning Commission and Board do not consider or review Site Development Plan petitions. Site Development Plans do not go to public hearing. The Planning Commission and Board will be considering these two items:  Auto Service Station Waiver of Distance (for facility with fuel pumps) - (ASW-PL20240011790)  Insubstantial Change to the PUD (PDI-PL20240011559) These two items considered by the Planning Commission and Board relate to the distance of the proposed fuel pumps from existing fuel pumps at 7-Eleven, and the deviations from design standards that are being sought related to: architectural glazing, building façade massing, light fixture heights, loading spaces, landscape standards, signage, and timing of a future transit stop/shelter at time of future development of the commercial outparcel at the SE corner of Collier Blvd/Rattlesnake Hammock. During the public hearing process, the Planning Commission and Board will be deliberating these items only. They will not be evaluating the Traffic Study that is associated with the Site Development Plan in their decision making. If you have questions on this, feel free to contact me or Ray. Thanks, Laura From: mspokojny@aol.com Sent: Thursday, July 10, 2025 10:50 AM To: LauraDeJohnVEN ; Ray Bellows Cc: Sean Sammon ; Ailyn Padron ; MILTON SPOKOJNY Subject: Re: Planning Commission Meeting July 17, 2025 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. Ray Bellows Attached please find a cover and traffic analysis that I request that you include for in your packet the CCPC to review regarding the July 17, 2025 meeting before the CCPC. Thanks, Milt Spokojny 1 Page 753 of 6529On Thursday, July 10, 2025 at 09:29:43 AM EDT, Ray Bellows wrote: Hi Laura, Please provide Milt Spokojny with the applicable information requested below. Thank you for your assistance. Ray Bellows Manager - Planning Zoning Office:239-252-2463 2800 North Horseshoe Drive Naples, Florida 34104 Ray.Bellows@colliercountyfl.gov From: mspokojny@aol.com Sent: Thursday, July 10, 2025 8:25 AM To: Ray Bellows Cc: Sean Sammon ; Ailyn Padron ; MILTON SPOKOJNY Subject: Fw: Planning Commission Meeting July 17, 2025 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. Ailyn Padron suggested that I reach out to you in order to receive the following information: The Collier County Planning Department's written recommendations on Costco's request for incidental changes and the their request for a 500 foot waiver in order to construct a gas station. These are the recommendations that would be sent to the CCPC for their July 17th meeting on Costco's proposals. As always, thanks for your assistance. 2 Page 754 of 6529 Milt Spokojny Sent from AOL on Android ----- Forwarded Message ----- From: "mspokojny@aol.com" To: "Ailyn Padron" Cc: "Ray Bellows" , "Sean Sammon" , "MILTON SPOKOJNY" Sent: Thu, Jul 10, 2025 at 12:02 AM Subject: RE: Planning Commission Meeting July 17, 2025 Good morning Ailyn, I was just wondering if the agenda for the CCPC meeting on July 17th has been prepared yet. Also, has the Planning Department made their written recommendations yet on Costco's request for incidental changes and the the 500 foot waiver request to construct a gas station. Please send me these documents at your earliest convenience. Thanks, Milt Spokojny Sent from AOL on Android On Mon, Jun 30, 2025 at 10:08 AM, Ailyn Padron wrote: You’re very welcome,, Milt. Have a great day! 3 Page 755 of 6529Ailyn Padron Management Analyst I Zoning Office:239-252-5187 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.Padron@colliercountyfl.gov From: mspokojny@aol.com Sent: Monday, June 30, 2025 9:38 AM To: Ailyn Padron Cc: Ray Bellows ; Sean Sammon ; MILTON SPOKOJNY Subject: RE: Planning Commission Meeting July 17, 2025 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. Thank you Ailyn Sent from AOL on Android On Mon, Jun 30, 2025 at 9:26 AM, Ailyn Padron wrote: Good morning, Milt, Thank you for your email. Please see my responses in blue. Thank you. 4 Page 756 of 6529Ailyn Padron Management Analyst I Zoning Office:239-252-5187 2800 Horseshoe Dr. Naples, Florida 34104 Ailyn.Padron@colliercountyfl.gov From: mspokojny@aol.com Sent: Sunday, June 29, 2025 11:54 AM To: Ailyn Padron Cc: Ray Bellows ; Sean Sammon ; MILTON SPOKOJNY Subject: Planning Commission Meeting July 17, 2025 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. Ailyn Padron Hi Ailyn, Sean Sammon suggested that I contact you regarding the upcoming Planning Commission meeting scheduled for July 17th, 2025 regarding Costco's proposal to construct a Costco facility on the corner of Collier and Rattlesnake Roads. In this regard, I am a homeowner at Hacienda Lakes and have several questions. 1. When will homeowners receive official notification of the Planning Commission meeting that is scheduled for July 17, 2025.  The property owner letters were mailed out on 6/27/25 and the advertisement was published on the Clerk’s website on 6/27/25. Also, the signs have been posted on the property. Please use the link below: Search Results: – Collier Legal Notices 2. What is the mechanism for a person to speak at the Planning Commission meeting? Is there a sign in sheet and how long can a speaker speak?  The public may participate in person or virtually at the Planning Commissioner’s hearing. If the public chooses to speak in person, a speaker form will need to be filled out. The speaker forms along with the agenda will be provided at the hearing. The agenda is published a week prior to the hearing; it will include the registration link. 5 Page 757 of 65293. What is the Zoom link for property owners to sign into to watch the meeting?; Can a homeowner address the Planning Commission via the Zoom link and what is the mechanism for doing this?  The public may watch the hearing on Collier TV. Please see below. Homepage - Collier Television  The public may participate and/ or observe through Zoom. The registration link will be included in the agenda, which is published a week prior to the hearing. If you prefer, I can add you as an attendee, however, you will still need to register virtually. Please be advised that the county is not responsible for any technical difficulties that may arise with virtual participation. 4. If a homeowner wants to send a written document to the Planning Commission for their review prior to the meeting, what is the mechanism for doing this?  I will defer this question to Ray. Respectfully submitted, Milt Spokojny 248-821-7184 Sent from AOL on Android 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. 6 Page 758 of 6529July 10, 2025 Collier County Planning Commission Collier County Government Center 3303 Tamiami Trail East Naples, Florida 34112-4961 Subject: Traffic Impact Analysis for Proposed Costco at SR-951 and SR-863 Dear Collier County Planning Commissioners: A Traffic Impact Study (TIS) has been prepared for Costco by Kittelson and Associates in support of constructing a Costco warehouse at the southeast corner of Collier Blvd (SR- 951) and Rattlesnake Hammock Road (SR-864). We understand that the Collier County Planning Commission (CCPC) and associated departments have been in the process of reviewing the study. In support of this effort, residents of Hacienda Lakes are hereby providing additional input to the review process for your consideration. In light of the large volume of new residential and commercial construction underway in the immediate area, a number of concerns have been raised by residents of Hacienda Lakes communities regarding traffic and related safety impacts that a large volume commercial enterprise (such as Costco) may create if the traffic design and controls are not optimized. We believe the CCTDR will conduct a thorough analysis, and in support of this effort we have reviewed the TIS from our own, non-professional perspective. To this end, attached is a brief review of the January 2025 Traffic Impact Study for your consideration. We hope this is constructive and helpful as you work through analysis and important decisions. A few brief observations: The TIS seems to be limited in scope with respect to areas of analysis that are of interest to the CCPC and Collier County Transportation Operations Development Review Department (CCTDR), especially Safety, Access Management and Neighborhood Impacts. For example, bicycle and pedestrian traffic and historical accidents at the intersection were not considered. Also, most of the residents in Hacienda Lakes are constricted to ingress/egress via Rattlesnake Hammock without alternative means of access to the nearest artery. Secondly, Capacity analysis appears to be somewhat flawed in that it utilizes baseline data not reflective of true peak traffic and does not consider the rapid rate of construction in the immediate area. Also, many new communities in the area were not included in the analysis, especially those without direct access to Rattlesnake Hammock, but that do have convenient indirect access and will add to the traffic. Finally, the overall traffic flow design is not well justified in the TIS. The locations of access points, ineffectiveness of the access to the hospital road, number of Page 759 of 6529entrances on Rattlesnake Hammock, pedestrian and bicycle traffic and access to Publix (requiring delays for pedestrians) should also be considered in a thoughtful design. We encourage the CCPC to request a more comprehensive traffic flow design from Costco (or any large-scale retail or commercial enterprise considering this location), or possibly even contracting an independent professional traffic consultant to address some of these concerns. Our goal is simply to support the Collier County Planning Commission (CCPC) and the CCTDR so that the end result is not simply a code-compliant construction project, but an integrated design that attempts to optimize access, traffic flow, safety and quality of life for residents and visitors to the Hacienda Lakes area, as well as users of these key roads. Thank you for your consideration and please let us know if further clarification is needed. We appreciate your willingness to listen. Sincerely, Submitted on Behalf of Residents of Esplanade and Azure at Hacienda Lakes Page 760 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Overview This document summarizes observations regarding the Traffic Impact Analysis commissioned by Costco in support of potentially locating a new warehouse facility on the southeast corner of CR-951 (Collier Blvd) and Rattlesnake Hammock Road in Collier County. The Analysis was prepared by Kittelson and Associates (Orlando FL office) and issued in January 2025. The purpose of this summary is to provide constructive input to the Collier County Planning Commission as they consider traffic and safety concerns of the proposed project on the surrounding businesses and residents of the area, and particularly those that are not fully addressed in the Analysis. This is not an exhaustive review but hopefully it serves to highlight specific areas where further analysis should be considered. This summary was not prepared by professional engineers, but by residents of adjacent communities, and therefore may include inaccurate assumptions or naïve questions, so we ask the CCPC for their understanding as they consider these inputs. The Analysis appears to be thorough in its methodology, but it should be noted that: 1) There are important safety and traffic concerns that may have been outside the scope of the Analysis which should be considered, 2) It may be advisable to refine several underlying assumptions 3) There may be changes or additions to the overall design that the CCPC could consider to result in improved safety and convenience for residents and visitors of the area. These topics are briefly described below and specific cross-references to the Analysis are shown in the attached table. Traffic andS afety Concerns Outside the Scope of the Analysis • Pedestrian and bicycle traffic. Many already use the existing bike lanes and walking paths in the area and this traffic will only continue to grow with new residential construction underway. Of special concern are: crossing Collier to/from new residential buildings to/from Publix and added delays to car traffic flow at all controlled intersections. This was not considered in the Analysis. • Impact of residential and commercial construction currently underway that is not directly on Rattlesnake Hammock. There will be significant additional traffic related to developments not directly on Rattlesnake Hammock (e.g. Seven Shores, Sapphire 1 Page 761 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Cove, proposed school), a number of large residential buildings north of 7/11, Florida Sports Park, all of which will produce some traffic on Rattlesnake Hammock and to/from Costco. Also, there is a new road under construction from Rattlesnake Hammock to Seven Shores near the entrance to Azure. This was not considered in the Analysis. • Emergency access to/from Physicians Regional and the CC EMS Station. The concern is that emergency vehicle movement could be impeded by additional traffic and controlled intersections. Also, the Costco proposal includes an entrance on a hospital emergency room access road that directs exiting traffic onto the hospital property, rather than towards Collier Blvd. There would be no direct access for fire equipment to the proposed fueling area or other structures in the Costco area. This was not considered in the Analysis. • Recent accidents and fatalities at the intersection of Collier and Rattlesnake Hammock. There have been at least two fatalities in recent years at this intersection. Design and/or improvements should consider reducing such incidents. This was not considered in the Analysis. • Proximity of Costco fueling location to other adjacent fueling locations vs. County Policy. A waiver is under consideration; however, the existing policy was created out of interest in safety. Strong justification should be required and made public. There are already two gasoline stations at the intersection and Costco’s additional fueling station would benefit less than one third of the area residents (membership required). Some Assumptions and Baseline Data May Be Inaccurate • Assumed traffic growth rate of 5%/year is not based on construction plans in the whole area or real estate data. See comments below regarding pages 80-81 of the Analysis. • Baseline roadway Level of Service (LOS) does not include peak months of February and March. • Baseline traffic data was collected in May 2024 (used to define seasonable adjustment); actual peak season analysis not shown. Why not use actual data instead of a formula for adjustment? • Costco trip data and fueling queueing is based on national averages. North Naples store may be a better comparison due to seasonality. Additional Thoughts for Improvement • There is no rationale for the decision to install a second traffic light on Rattlesnake Hammock. The Analysis claims that other options (like a traffic circle) were analyzed, but such analysis is not provided. Perhaps there is a more effective design. 2 Page 762 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 • In general, traffic flow in the area was not optimized, only analysis of proposed changes (e.g. adding turn lanes and lights) to keep traffic within Level of Service parameters was considered. Two examples of possible improvement: a) Costco customers making U-turns on Rattlesnake Hammock or in the Hospital parking lot to get back to Collier does not make sense for good flow. One solution would be to make the Hospital entrance road into the main Costco entrance. This could work if the Hospital would agree to share the access. b) The northbound right turn lane on Collier is often blocked today by northbound traffic at the light; this will only become worse unless the turn lane is extended or the Costco entrance on the Hospital road is changed. • The Analysis does not address Collier County Access Management Policy clause 5.02.9 or 5.02.10. A number of communities (e.g. Azure and Esplanade) rely on Rattlesnake Hammock as the only access to a main artery; residents are otherwise captive in a cul- de-sac situation. The proposed additional traffic lights and traffic on Rattlesnake Hammock significantly impedes access for residents, which is important for a number of reasons. Perhaps the Hospital Road could be converted to a main entrance to Costco. This would facilitate flow for Costco customers and may be acceptable for the Hospital since they have another existing main entrance. 3 Page 763 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Notes on Specific Pages of the Document Page Content Comment 9 The Study is based on 2023 This determines existing baseline assumptions Collier County Annual regarding traffic capacity and usage at the Update and Inventory (AUIR). intersection. Later in the study they simply This does NOT include data assumed that 4% of the trips entering the on Rattlesnake Hammock intersection come from RSH east of Collier. (RSH) east of Collier. 9 Baseline data was acquired This obviously avoids peak season which is on May 22, 2024. shown to be Week 3 – Week 15 (page 53). Therefore baseline data is not representative of peak requirements and uses a questionable seasonable adjustment factor (SF) of 1.04. Clarification from Collier Countywould be helpful as to how this factor is to be applied and to which roads (e.g. feeders vs arteries). 15 Project will generate an At the public meeting Costco told the residents it estimated 7,319 new net would be 4500. daily trips through the intersection. 18 Background traffic was This is a general average, not based on specific assumed to grow at 4.59% analysis of known growth in the area which is not per year. changing linearly over many years but with a number of steps up as new residence facilities open in the next 1-2 years. 20 Planned development Analysis does not consider traffic generated by analysis only considers new developments with access to RSH (e.g. projects on RSH. Seven Shores with new access road being built, properties north of 7/11, Sapphire Cove, potential school). 22 The plan proposes a right in / It is currently an Emergency Entrance road to the left out access on the hospital emergency room. The proposal only hospital “driveway”. allows traffic to enter Costco from the hospital property (westbound) and only allows traffic to exit eastbound onto the hospital property. There is not direct access to Collier Blvd. for regular traffic or fire equipment access to Costco fueling area. This right in / left out design is not practical except for construction traffic or ambulance trips to Costco. 4 Page 764 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Page Content Comment 26, Turn lanes are to be The north bound ramp from Collier to RSH is 131 constructed to the County currently too short due to long wait lines at the standard which is based on light. This will only become worse unless the speed limit. access ramp is lengthened. 28 Fueling area capacity is Perhaps an analysis of the existing North Naples calculated based on national store at peak season would give a more accurate averages for Costco stores. capacity analysis. 32 “The proposed full access This second traffic light and the anticipated u- driveway is projected to have turning customers from Costo will add significant inadequate capacity as a delays on westbound RSH. There is no analysis of stop-controlled intersection. this delay or associated safety considerations. A traffic signal and a The “separate cover” analysis of traffic circle vs. roundabout were evaluated traffic light should be provided to local residents. as potential intersection control alternatives in an Intersection Control Evaluation (ICE) and Signal Warrant Analysis report under a separate cover. A traffic signal is the recommended traffic control alternative at the full access intersection.” 36 Planned build out year is Just an item to note. 2026. 42 “Data contained within the This should be updated with 2024 or even 2025 2023 AUIR will be used to data. This is the baseline data set used to analyze the proposed study model all assumptions. It should be as current roadway segments.” as possible before approval. The County could require a rerun of the data tables with most recent data available (including the segment of RSH east of Collier). 5 Page 765 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Page Content Comment 47 “Level of service calculations Their method of determining traffic Level of for road facilities means Service (LOS) omits data from February and calculations for peak hour March. Therefore, it is reasonable to assume traffic on aroadway segment that traffic will be actually worse than the for maximum service analysis during those months. volumes at the adopted LOS. Peak hour is calculated as the 100th highest hour based on a 10 month period (omitting February and March), which is generally equivalent to the 250th highest hour for a twelve (12) month period. For design of roadway capacity projects, the 30th highest hour for a 12-month period at LOS "D" will be utilized.” 53 Seasonable adjustment This avoids peak season which is shown to be factor for May (1.04) was Week 3 – Week 15. Therefore baseline data is applied for the analysis. not representative of peak requirements and uses a seasonable adjustment factor (SF) of 1.04 instead of 0.88 (end of Feb or early March). Why not use actual data from peak season? 67- Trip generation for Appears to preclude a supermarket in the out 69 Supermarket exceeds parcel area. Current Publix cannot handle the assumed additional allowed anticipated volume of new residents in the traffic forout parcels. immediate area. This is an unaddressed need. 70- Trip generation for a Drive-in Nore: a bank could go in the out parcel area. 72 Bank is within assumed additional allowed traffic for out parcels. 73- Trip generation for a small Allows only a very small office building in the out 75 General Office Building is parcel area within assumed additional allowed traffic for out parcels. 6 Page 766 of 6529Costco South Naples January 2025 Traffic Impact Analysis Review 6/24/2025 Page Content Comment 80- Traffic growth trend analysis Trend assumptions may not be accurate. The 81 starts in 2018 and assumes following are not considered in the model: linear growth of about 5%. Growth was typical in 2018-2019. Heavily impacted by Covid in 2020-2021. Prices and construction in South Naples peak 2022-2023. Residence inventory in South Naples continues to grow very quickly 2024-2026. Traffic load probably follows the number of residents. 84- Traffic impact of new Analysis does not consider traffic due to 108 developments that are properties that are not directly on east RSH but included in the analysis. with access roads to RSH: Includes: Cadenza, Allegro, Sapphire Cove, Seven Shores (new road under 7/11 & shops, Hammock construction), large complexes directly north of Park, Watercrest (assisted 7/11. living facility). 128 Collier County Access Collier County will determine if clause 5.02.9 is Management Policy being followed. Residents of Azure and Esplanade do not have a reasonable alternative route to a main artery except through Costo traffic and control lights. 128 Collier County Access Collier County will determine if clause 5.02.10 is Management Policy being followed. Residents of Azure and Esplanade could take the position that emergency services from Collier EMS Station at Hacienda Lakes Parkway and Caimen Dr or Physicians Regional Hospital are hampered in their access to the communities. 7 Page 767 of 6529Page 768 of 6529 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: AN ORDINANCE AMENDING ORDINANCE NO. 11-41, AS AMENDED, THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT, TO APPROVE AN INSUBSTANTIAL CHANGE TO THE PUD, TO ADD DEVIATIONS FOR RELIEF FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE RELATING TO ARCHITECTURAL GLAZING STANDARDS, BUILDING FAÇADE MASSING, LIGHT FIXTURE HEIGHTS, LOADING SPACES, LANDSCAPE STANDARDS FOR INTERIOR VEHICULAR USE AREAS, AND SIGNAGE, AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PARCEL IS IN THE COMMERCIAL TRACT OF THE MPUD AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011559] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS PURSUANT TO SECTION 5.05.05.B OF THE LAND DEVELOPMENT CODE, FOR DEVELOPMENT OF A COSTCO WHOLESALE, WITH A RESULTING SEPARATION DISTANCE OF 132 FEET FROM THE PROPERTY LINE OF THE EXISTING 7-ELEVEN. THE SUBJECT PROPERTY IS LOCATED IN THE COMMERCIAL TRACT OF THE HACIENDA LAKES MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF COLLIER BOULEVARD AND RATTLESNAKE HAMMOCK ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ±25.86 ACRES OF THE ± 2,262 ACRE MPUD. [PL20240011790] Page 769 of 6529 A copy of the proposed Ordinance/ Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 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 Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier.gov. Any person who decides to appeal any decision of the Board 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 770 of 6529 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 771 of 6529 10/14/2025 Item # 9.B ID# 2025-2927 Executive Summary This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning real property from Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist (RT) zoning district within the Vanderbilt Beach Residential Tourist Overlay (VBRTO) zoning district for a project to be known as Paraiso Club. The subject 1.35± acre beachfront property is located along the Gulf of America on the west side of Gulf Shore Drive, just south of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [PL20240007340] (This Item is a companion to 9.C., PL20240009700, Paraiso Club Conditional Use) OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition, and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes to rezone the subject 1.35± acre beachfront property from the Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist-Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district to allow a private club. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition RZ- PL20240007340, Paraiso Club Rezone, on August 21, 2025, and voted 6-0 to forward this petition to the Board with a recommendation of approval. This item is consistent with the Collier County strategic plan objective to enhance the character of our community. FISCAL IMPACT: The Rezone by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees before the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected before the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed Rezone, and the subject petition is consistent with the Future Land Use Element (FLUE) of the GMP. LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Residential Tourist Overlay (VBRTO) Zoning District. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question the Petitioner or staff to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that your decision is not later found to be arbitrary, discriminatory, or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Straight Rezones 1. Will the proposed change be consistent with the goals, objectives, and policies, and the future land use map, and the elements of the Growth Management Plan? Page 772 of 6529 10/14/2025 Item # 9.B ID# 2025-2927 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change 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? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? Page 773 of 6529 10/14/2025 Item # 9.B ID# 2025-2927 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration that would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is 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 [Code ch.106, art.II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? This item is approved as to form and legality, and it requires an affirmative vote of four for Board approval. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. (HFAC) RECOMMENDATIONS: To approve the Ordinance for Petition RZ- PL20240007340, Paraiso Club Rezone. PREPARED BY: Nancy Gundlach, Planner III, AICP, PLA, CSM, Zoning Division ATTACHMENTS: 1. PL20240007340, PARAISO CLUB REZONE 2. Attachment A-Proposed Ordinance-Paraiso Club RZ- 072325 3. Attachment B-GMP Consistency Review 7-16-25 Paraiso Club Rezone 4. Attachment C-NIM Documents-Paraiso Club Rezone 5. Attachment D-Application-Paraiso Club Rezone 6. Letters of Support 10-6-25 7. Letter of Objection 10-6-25 8. Affidavit of Posting Notice-Paraiso Club Rezone (8-4-2025) (1) 9. Paraiso Club (RZ) (CU)- 10.14.25 BCC published ad 10. legal ad - agenda IDs 25-2922 & 25-2927 - Paraiso Club RZ & CU (PL20240007340) & (PL20240009700) - 10.14.25 BCC Page 774 of 6529 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: AUGUST 21, 2025 SUBJECT: PL20240007340, PARAISO CLUB REZONE, (COMPANION ITEM TO PL20240009700, PARAISO CLUB CONDITIONAL USE) PROPERTY OWNER/AGENT: Property Owner: Applicant: Lloyd Bowein and Majorie E. Monaghan Trust David Tingley, MGR 10021 Gulf Shore Drive Paraiso Club, LLC Naples, FL 34108 2039 Prince Drive Naples, FL 34110 Agents: Robert J. Mulhere, FAICP, and Richard D. Yovanovich, Esquire Ellen Summers, AICP Coleman, Yovanovich, Koester Bowman 4001 Tamiami Trail North, Suite 300 950 Encore Way Naples, FL 34103 Naples, FL 34110 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of Collier County Commissioners (BCC) of Collier County, Florida, amending Ordinance Number 04-41, 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 Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist (RT) zoning district within the Vanderbilt Beach Residential Tourist Overlay (VBRTO) zoning district for a project to be known as Paraiso Club. PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 1 of 11 Page 775 of 6529 PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 2 of 11 Page 776 of 6529 MASTER PLAN PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 3 of 11 Page 777 of 6529 GEOGRAPHIC LOCATION: The subject 1.35± acre beachfront property is located along the Gulf of America on the west side of Gulf Shore Drive, just south of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone the subject 1.35± acre beachfront property from the Residential- Single-Family-3 (RSF-3) zoning district to a Residential Tourist-Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district to allow a private club. (Please see Attachment A- Proposed Rezone Ordinance.) SURROUNDING LAND USE AND ZONING: North: Developed single-family residence with a zoning designation of Residential- Single-Family-3 (RSF-3) East: Gulf Shore Drive, a 2-lane local road, and then single-family residences with a zoning designation of Residential-Single-Family-3 (RSF-3) South: Resort Hotel with a zoning designation of Residential Tourist–Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) West: Gulf of America PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 4 of 11 Page 778 of 6529 Subject Site GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. For further information, see Attachment B-GMP Consistency Review. Transportation Element: In evaluating this project, staff reviewed the applicant’s April 24, 2025, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2024 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 5 of 11 Page 779 of 6529 b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff findings: According to the TIS provided with this petition, the proposed Paraiso Club development will generate a projected total of +/- 19 PM peak hour trips on the adjacent roadway, Gulfshore Drive. The trips generated will occur on the following adjacent roadway network links: Roadway/Link Link Current Peak Projected 2024 Level 2024 Hour Peak P.M. Peak of Service Remaining Direction Hour/Peak (LOS) Capacity Volume/Peak Direction Direction Project Traffic (1) Gulfshore Vanderbilt 900/NB 5/NB B 580 Drive/29.0 Beach Rd. to th 111 Ave. 111th Avenue Gulfshore 700/EB 4/EB B 390 North/39.0 Dr. to Vanderbilt Dr. 111th Avenue Vanderbilt 900/EB 3/EB C 270 North/40.0 Dr. to US-41 Vanderbilt Gulfshore 1,540/EB 3/EB C 430 Beach Drive to US- Road/109.0 41 1. Source for P.M. Peak Hour/Peak Direction Project Traffic is April 24, 2025; Traffic Impact Statement provided by the petitioner. The applicant proposes the following Traffic Management Strategies: • No On-site Parking for Members. • Member Shuttle Service. • Staff Transportation Service. • Limited Vendor Site Visits. • Promote Bicycling and Walking to the Facility. PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 6 of 11 Page 780 of 6529 Based on the TIS provided by the applicant, the 2024 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Planning staff finds this petition consistent with the GMP. Conservation & Coastal Management Element (CCME): Environmental Planning staff evaluated the petition. The subject 1.35± acre property has been found consistent with the goals, objectives, and policies of the CCME. Based on the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE) of the GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.08. F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establishes the legal bases to support the CCPC’s recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC (Board of Collier County Commissioners), who, in turn, use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading “Rezone Findings.” In addition, staff offers the following analyses: Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and is recommending approval. Environmental Review: Environmental Planning staff have reviewed this petition. The property has historically been a single-family home and impacted by hurricane events; therefore, the Master Plan does not show a preserve since no minimum preservation is required. A beach dune restoration plan will need to be provided at SDP review. No listed animal species were observed on the property. Environmental staff recommend APPROVAL of the proposed project. This project does not require an Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Utility Review: The project lies within the regional potable water service area and the North Collier wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent right-of-way. Sufficient water and wastewater treatment capacities are available. Any improvements to the CCWSD’s water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utilities acceptance. Planning & Zoning Review: As previously stated, the petitioner proposes to rezone the subject 1.35± acre beachfront property from the Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist-Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district to PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 7 of 11 Page 781 of 6529allow a private club. The proposed beach club will extend the abutting Residential Tourist-Vanderbilt Beach Residential Tourist Overlay to the south into the subject property. The proposed beach club is located next to and to the north of the LaPlaya Beach and Golf Resort. The beach club will be a members-only club. It will provide an additional opportunity for beach access. The Land Development Code (LDC) requires a 30-foot front yard, 17.5-foot side yard, and 30-foot rear yard RT-VBRTO building setbacks for the proposed beach club. These are greater than or similar to the current LDC required RSF-3 building setbacks. The petitioner is exceeding the side yard setback by providing a minimum 21-foot setback. The petitioner has provided a Condition of Approval to limit the height of the proposed beach club to a 38-foot zoned height, which is similar to the 35-foot zoned RSF-3 zoned height. The petitioner is also providing all of the minimum code required landscape buffers. A 15-foot- wide Type B Landscape Buffer (trees at 25 feet on center and a 6-foot-high hedge or wall) will separate the beach club from the residential development to the north. The attached Exhibit A-Conditions of Approval also limits the land use to a private club and prohibits land uses such as hotels, churches, marinas, family care facilities, and other similar uses. Staff finds the proposed private beach club compatible with the adjacent community. REZONE FINDINGS: LDC Subsection 10.02.08. F. states, “When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners…shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings when applicable” (The criteria are italicized, Staff’s responses to these criteria are provided in regular font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies, and the future land use map, and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed rezone is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. The subject site is currently zoned RSF-3 with a proposed zoning designation of RT-VBRTO. As described in the “Surrounding Land Use and Zoning” portion of this report, the neighborhood’s existing land use pattern is characterized by single-family to the north and east, resort hotel to the south, and the Gulf of America to the west. The private beach club use proposed in this petition should not create incompatibility issues. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 8 of 11 Page 782 of 6529 The subject site is not an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map on page two of this staff report, the existing district boundaries are logically drawn. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. This rezone request is not necessarily the result of changing conditions, but it provides for an additional use that is compatible with the existing development pattern. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change from RSF-3 zoning designation to RT-VBRTO zoning designation to allow a private beach club will not adversely influence living conditions in the neighborhood. 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. As previously stated, Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be addressed at time of first 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 development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed private beach club should not significantly reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. The proposed rezone to RT-VBRTO is an expansion of the zoning designation to the south. Therefore, Staff is of the opinion that this rezone will not adversely impact property values in the adjacent area. PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 9 of 11 Page 783 of 652911. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties to the south and north of this property are already developed, and properties to the east are under construction or redeveloping. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed rezone should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed under the existing zoning. However, according to the petitioner, a rezone is sought to provide a private beach club. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed development complies with the GMP requirements for the uses proposed. The GMP is a policy statement that has evaluated the scale, density, and intensity of land uses deemed to be acceptable throughout Collier County. Staff believes that the zoning district will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not 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. The development anticipated by the proposed zoning district would require some site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 10 of 11 Page 784 of 6529regulations during the site development plan approval process and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 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 BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held the required meeting on April 7, 2025, at 5:30 p.m. at the Collier County Library, located at 2385 Orange Blossom Drive, Naples, Florida. Eight people, along with the applicant and County Staff, attended the meeting. The neighbors were receptive to the proposed private club. To date, no letters of objection or support have been received. For further information, please see Attachment C: NIM Documents. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s Office reviewed this staff report for content and legal sufficiency on July 21, 2025. STAFF RECOMMENDATION: Planning and Zoning Review staff recommend that the CCPC forward Petition RZ- PL20240007340, Paraiso Club Rezone, to the BCC with a recommendation of approval. Attachments: Attachment A: Proposed Rezone Ordinance Attachment B: GMP Consistency Review Attachment C: NIM Documents Attachment D: Application PARAISO CLUB REZONE, PL20240007340 July 23, 2025 Page 11 of 11 Page 785 of 6529 ORDINANCE NO. 2025 -_____ 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 RESIDENTIAL SINGLE FAMILY 3 (RSF-3) ZONING DISTRICT TO A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) FOR THE PROJECT TO BE KNOWN AS PARAISO CLUB, LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240007340] WHEREAS, Robert J. Mulhere, FAICP and Ellen Summers, AICP, of Bowman and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Paraiso Club, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Section 29, Township 48 South, Range 25 East, Collier County, Florida, is changed from a Residential Single Family 3 (RSF3) Zoning District to a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road Tourist Overlay (VBRTO) for a 1.3+/- acre project known as Paraiso Club, subject to the [25-CPS-02601/1957544/1]58 Paraiso Club / RZ-PL20240007340 7/23/25 1 of 2 Page 786 of 6529 Conceptual Site Plan as shown in Exhibit B and the Conditions of Approval in Exhibit C. Exhibits A, B and C are attached hereto and incorporated 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 _______ day of ___________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _____________________________ By: _____________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A – Legal Description Exhibit B – Conceptual Site Plan Exhibit C – Conditions of Approval Exhibit D – Location Map [25-CPS-02601/1957544/1]58 Paraiso Club / RZ-PL20240007340 7/23/25 2 of 2 Page 787 of 6529Exhibit A Page 788 of 6529 Exhibit B PROPOSED BUILDING EXISTING 6' AND CONCRETE UNDER SIDEWALK BUILDING ZONING: RSF-3 PARKING USE: RESIDENTIAL 21' MIN. SIDE YARD BAYVIEW AVENUE 10' PUBLIC SETBACK WALKWAY 15' TYPE "B" BUFFER SCALE: EASEMENT 1" =60' 30' FRONT YARD SHORE SETBACK FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 30462 GULF DRIVE ZONING: RSF-3 USE: RESIDENTIAL UP ENVIRONMENTAL PROTECTION APPROVED FEBRUARY, 1989 BEACH DUNE COASTAL CONSTRUCTION LOCATION PER GIS DATA POOL PROVIDED BY FLORIDA 950 Encore Way 7 EXISTING Naples, FL 34110 UP Phone (239) 254-2000 www.bowmanconsulting.com DEPARTMENT OF © Bowman Consulting Group, Ltd. Bowman Consulting Group, Ltd. 70' ROW CONTROL LINE 30' MIN. REAR YARD SETBACK 9 LOT #32 7 GULF OF MEXICO 10' TYPE "D" BUFFER LOT #31 PL20240007340 UP REZONE MEAN HIGH WATER EXISTING PARAISO CLUB POOL TO BE REMOVED PROPOSED PROPERTY LOADING BOUNDARY ZONE PROPOSED BIKE TRASH PARKING 21' MIN. 15' TYPE ENCLOSURE SIDE YARD "B" BUFFER COASTAL CONSTRUCTION CONTROL LINE SETBACK ZONING: RT APPROVED SEPTEMBER 18, 1974 USE: HOTEL LOCATION PER GIS DATA PROVIDED BY FLORIDA SITE INFORMATION NOTES: DEPARTMENT OF ENVIRONMENTAL PROTECTION TOTAL SITE AREA: 1.35 ACRES MAXIMUM ZONED BUILDING HEIGHT: 38 FEET NO PRESERVE REQUIRED CONCEPTUAL SITE PLAN SITE CONCEPTUAL C-01 Page 789 of 6529 Exhibit C – Conditions of Approval Paraiso Club Rezone PL-20240007340 1. The following use is hereby permitted as a conditional use, subject to the standards and procedures established in LDC section 10.08.00. a. Private clubs. 2. The following uses are prohibited: a. Hotels and motels. b. Multi-family dwellings. c. Family care facilities. d. Timeshare facilities. e. Townhouses. f. Wireless communications facilities. g. Churches. h. Marinas. i. Noncommercial boat launch facilities. j. Group care facilities (category I and II); care units, nursing homes; assisted living facilities; and continuing care retirement communities. k. Yacht clubs. l. Model homes and model sales centers. m. Ancillary plants. 3. No building or structure shall exceed a zoned building height of thirty-eight (38) feet, and an actual height of fifty-seven (57) feet. 4. A beach dune vegetation restoration plan for the subject site shall be provided at time of SDP or subdivision plat. 5. The maximum total daily trip generation for the Rezone shall not exceed 19 two-way PM peak hour net rips 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. Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340815-01-001 PARAISO CLUB REZONE & CONDITIONAL USE\Rezone\2nd Submittal\Exhibit A - Conditions of Approval (rev 5-2-2025) Rezone.docx Page 790 of 6529 Bowman Consulting Group, Ltd. CONCEPT PLAN PARAISO REZONE 6200 Whiskey Creek Drive C-01 Fort Myers, FL 33919 AERIAL LOCATION Phone (239) 985-1200 10021 &10047 GULF SHORE DR. www.bowmanconsulting.com FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 30462 COLLIER © Bowman Consulting Group, Ltd. Page 791 of 6529 CONSISTENCY MEMORANDUM TO: Nancy Gundlach, Planner III, Zoning Services FROM: Jessica Constantinescu, Planner II, Comprehensive Planning Growth Management Community Development Department DATE: July 16, 2025 SUBJECT: Paraiso Club (RZ-PL20240007340 & CU-PL20240009700) _________________________________________________________________________________ REQUEST: To change the zoning district of a property from Residential Single Family (RSF-3) to Residential Tourist (RT) for a private beach club known as Paraiso Beach Club. LOCATION: The subject site is comprised of +/-1.35 acres and is located on the west side of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban Residential Subdistrict of the Urban Mixed-Use District of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The Urban Mixed-Use District allows water- dependent and water-related land uses within the coastal region, and states: “Mixed-use sites of water-dependent and water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water-dependent and/or water-related land use shall be encouraged to use the Planned Unit Development technique and other innovative approaches so as to conserve environmentally sensitive areas and to assure compatibility with surrounding land uses.” The subject property does not meet the minimum lot area required of a Planned Unit Development (PUD). In order to achieve compatibility with the surrounding areas under the Residential Tourist district, the petition includes Conditions of Approval in Exhibit A to limit the zoned building height of the structure and restrict the remaining permitted and conditional uses as allowed by the RT district. The uses listed as prohibited in the Conditions of Approval may otherwise be considered incompatible and would entitle the property to uses and densities deemed inconsistent with the FLUE. As the FLUE allows water-dependent and water-related uses in the Urban-Mixed Use District, the innovative methods used to attain compatibility of the Paraiso Beach Club may be found to be consistent with the Future Land Use Element of the Growth Management Plan. Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 792 of 6529 Certain applicable Future Land Use Element (FLUE) policies are shown as follows in italics, followed by staff analysis in bracketed bold text. FLUE Policy 5.6 (shown below in italics) followed by staff analysis in [bracketed bold text]. New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004, and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The property does not front a collector nor arterial road.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The site does not contain any new roads or internal accesses. Vehicular congestion is alleviated by limiting allowance for on-site parking and requiring members to use alternative modes of transportation, such as shuttles and bicycles, to access the property.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments, regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The surrounding development of the site is fully improved. The development is not of a feasible scale to incorporate local streets and interconnection points with its adjacent developments.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities, and a range of housing prices and types. [As the site is not of a residential nature, analysis of this policy will be limited as applicable. The Paraiso Beach Club encourages walkability of the area by restricting use of parking and encouraging resident members to access the site by walking or biking.] CONCLUSION: Based on the above analysis, staff finds the subject petition consistent with the Future Land Use Element of the Growth Management Plan. Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 793 of 6529Page 794 of 6529Page 795 of 6529Page 796 of 6529Page 797 of 6529Page 798 of 6529Page 799 of 6529Page 800 of 6529Page 801 of 6529Page 802 of 6529Page 803 of 6529Page 804 of 6529Page 805 of 6529Page 806 of 6529Page 807 of 6529Page 808 of 6529Page 809 of 6529Page 810 of 6529Page 811 of 6529Page 812 of 6529Page 813 of 6529Page 814 of 6529Page 815 of 6529Page 816 of 6529Page 817 of 6529Page 818 of 6529Page 819 of 6529Page 820 of 6529Page 821 of 6529Page 822 of 6529Page 823 of 6529Page 824 of 6529Page 825 of 6529Page 826 of 6529Page 827 of 6529Page 828 of 6529Page 829 of 6529Page 830 of 6529Page 831 of 6529Page 832 of 6529Page 833 of 6529Page 834 of 6529Page 835 of 6529Page 836 of 6529Page 837 of 6529Page 838 of 6529Page 839 of 6529Page 840 of 6529Page 841 of 6529Page 842 of 6529Page 843 of 6529Page 844 of 6529Page 845 of 6529Page 846 of 6529Page 847 of 6529Page 848 of 6529Page 849 of 6529Page 850 of 6529Page 851 of 6529Page 852 of 6529Page 853 of 6529Page 854 of 6529Page 855 of 6529Page 856 of 6529Page 857 of 6529Page 858 of 6529Page 859 of 6529Page 860 of 6529Page 861 of 6529Page 862 of 6529Page 863 of 6529Page 864 of 6529Page 865 of 6529Page 866 of 6529Page 867 of 6529Page 868 of 6529Page 869 of 6529Page 870 of 6529Page 871 of 6529Page 872 of 6529Page 873 of 6529Page 874 of 6529Page 875 of 6529Page 876 of 6529Page 877 of 6529Page 878 of 6529Page 879 of 6529Page 880 of 6529Page 881 of 6529Page 882 of 6529Page 883 of 6529Page 884 of 6529Page 885 of 6529Page 886 of 6529Page 887 of 6529Page 888 of 6529Page 889 of 6529Page 890 of 6529Page 891 of 6529Page 892 of 6529Page 893 of 6529Page 894 of 6529Page 895 of 6529Page 896 of 6529Page 897 of 6529Page 898 of 6529Page 899 of 6529Page 900 of 6529Page 901 of 6529Page 902 of 6529Page 903 of 6529Page 904 of 6529Page 905 of 6529Page 906 of 6529Page 907 of 6529Page 908 of 6529Page 909 of 6529Page 910 of 6529Page 911 of 6529Page 912 of 6529Page 913 of 6529Page 914 of 6529Page 915 of 6529Page 916 of 6529 Dear Mike, Thank you for reaching out to hear my (and my husband’s) perspective on our decades in the Vanderbilt Beach area. My family’s love affair with Naples began in 1972 when my dad, convinced he had found paradise, brought us here for the first time. As the middle of five kids, I remember those early days vividly light traffic, just a handful of restaurants (Witches Brew, Pippens, Kelly's Fish House, Pewter Mug) and the charm of a quiet, untouched coastal town. Our first home was at Palm River Estates, where La Playa golf club now stands. My dad, who battled polio, always said that being in Naples made him feel better than anywhere else. The warm air, the gentle ocean breeze and the laid-back lifestyle gave him a sense of peace and well-being that was truly special. Vanderbilt Beach quickly became my favorite place-a reflection of “old Florida” at its finest. When my parents moved to The Vineyards, our connection to the area only deepened. My oldest sister bought a condo in Vanderbilt Beach in 1995 and my husband and I followed suit in Vanderbilt Beach 1998. For 25+ years, we cherished everything about this incredible place-the beauty, the community and the sense of belonging. However, as Naples has grown, so too has Vanderbilt Beach. The increased development, parking structures, and influx of visitors have brought more energy but also more congestion. While I understand and appreciate progress, it has been bittersweet to see the tranquil charm of Old Florida slowly fade. The beaches at Vanderbilt Beach have become grossly overcrowded. The situation will get much worse once the Ritz Residences are completed. As a result, we planned to sell our condo in Vanderbilt Beach and leave the area. That’s why I was so excited to hear about Paraiso Beach Club. After learning about the vision, the membership structure, and the thoughtful and ongoing planning behind it, we are wholeheartedly committed to joining. Speaking to you and Dave only reinforced our beliefs that this is an opportunity to restore the serenity we have always cherished. Knowing that we will have a place where we can gather with family and friends, enjoy the natural beauty, and embrace the Naples lifestyle in a more intimate setting fills me with renewed joy. We realize it will take time, but because of this exciting future, we are holding on to our condo and looking forward to the day when we can once again walk along the quieter shores and enjoy an exceptional beachside experience. We appreciate the dedication and effort it takes, and will continue to take, to make this vision a reality. Thank you for your hard work and commitment to preserving what makes Naples so special. Page 917 of 6529Page 918 of 6529Page 919 of 6529Page 920 of 6529Page 921 of 6529Page 922 of 6529Page 923 of 6529Page 924 of 6529Page 925 of 6529Page 926 of 6529Page 927 of 6529Page 928 of 6529Page 929 of 6529Page 930 of 6529Page 931 of 6529Page 932 of 6529 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 RESIDENTIAL SINGLE FAMILY 3 (RSF-3) ZONING DISTRICT TO A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) FOR THE PROJECT TO BE KNOWN AS PARAISO CLUB, LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240007340] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO SUBSECTION 2.03.02.E.1.C.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35± ACRES. [PL20240009700] Page 933 of 6529 Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 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 Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier.gov. Any person who decides to appeal any decision of the Board 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 934 of 6529 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 935 of 6529 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 RESIDENTIAL SINGLE FAMILY 3 (RSF-3) ZONING DISTRICT TO A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) FOR THE PROJECT TO BE KNOWN AS PARAISO CLUB, LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240007340] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO SUBSECTION 2.03.02.E.1.C.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35± ACRES. [PL20240009700] Page 936 of 6529 Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 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 Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier.gov. Any person who decides to appeal any decision of the Board 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 937 of 6529 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 938 of 6529 10/14/2025 Item # 9.C ID# 2025-2922 Executive Summary This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a Resolution for a Conditional Use to allow a Private Club within a Residential Tourist- Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district pursuant to Section 2.03.02.E.1.c.5 of the Collier County Land Development Code. The subject 1.35± acre beachfront property is located along the Gulf of America on the west side of Gulf Shore Drive, just south of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [PL20240009700] (This Item is a companion to 9.B., PL20240007340, Paraiso Club Rezone) OBJECTIVE: To have the Board of County Commissioners (Board) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition and render a decision regarding the petition, and ensure the project is in harmony with all the applicable codes and regulations to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests a Conditional Use approval to allow for a Private Club in the Residential Tourist (RT) Zoning District. There is also a companion rezone from the Residential-Single-Family-3 (RSF-3) zoning district to a Residential Tourist-Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district. The subject site is composed of two lots. One of the lots is developed with a single-family dwelling. The other lot is vacant. The proposed private beach club will be a zoned height of 38 feet and an actual height of 57 feet. It is surrounded to the south by neighboring building heights of 4 to 14 stories. To the north of the subject site, the buildings are a zoned height of 35 feet. The proposed beach club will be membership only. The proposed Conditions of Approval provide compatibility with the surrounding area. The Conditions include established hours of operation, building height, lighting requirements, and operational requirements. For further information, see Attachment B-Conditions of Approval. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition RZ- PL20240009700, Paraiso Club Conditional Use, on August 21, 2025, and voted 6-0 to forward this petition to the Board with a recommendation of approval. This item is consistent with the Collier County strategic plan objective to enhance the character of our community. FISCAL IMPACT: The Conditional Use by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the Conditional Use is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees before the issuance of a Certificate of Occupancy to help offset the impact of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected before the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the CCPC to analyze this petition. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff has reviewed the proposed Conditional Use, and the subject petition is consistent with the Future Land Use Element (FLUE) of the GMP. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use authorizing a private beach club in the Residential Tourist (RT) Zoning District. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff to satisfy yourself that the necessary criteria have been satisfied. In addition to meeting the necessary Page 939 of 6529 10/14/2025 Item # 9.C ID# 2025-2922 criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may 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, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATIONS: To approve the Resolution for Petition CU- PL20240009700, Paraiso Club Conditional Use, subject to the approval of the companion rezone petition, PL20240007340, Paraiso Club Rezone. PREPARED BY: Nancy Gundlach, AICP, PLA, CSM, Principal Planner, GMCDD, Zoning Division ATTACHMENTS: 1. CU-PL20240009700, PARAISO CLUB CONDITIONAL USE 2. Attachment A-Proposed CU Resolution -Paraiso Club - 060325 (1) 3. Attachment B-GMP Consistency Review-Paraiso Club CU 4. Attachment C-Conditions of Approval-Paraiso Club CU (5-2-2025) 5. Attachment D-NIM Documents-Paraiso Club CU - 7-22-25 6. Attachment E-Application-Paraiso Club CU 7. Letters of Support 10-6-25 8. Letter of Objection 10-6-25 9. Affidavit of Posting Notice-Paraiso Club CU - (8-4-2025) 10. Paraiso Club (RZ) (CU)- 10.14.25 BCC published ad 11. legal ad - agenda IDs 25-2922 & 25-2927 - Paraiso Club RZ & CU (PL20240007340) & (PL20240009700) - 10.14.25 BCC Page 940 of 6529 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: AUGUST 21, 2025 SUBJECT: CU-PL20240009700, PARAISO CLUB CONDITIONAL USE (COMPANION ITEM TO PL20240007340, PARAISO CLUB REZONE) PROPERTY OWNER/AGENT: Property Owner: Applicant: Lloyd Bowein and Majorie E. Monaghan Trust David Tingley, MGR 10021 Gulf Shore Drive Paraiso Club, LLC Naples, FL 34108 2039 Prince Drive Naples, FL 34110 Agents: Robert J. Mulhere, FAICP, and Richard D. Yovanovich, Esquire Ellen Summers, AICP Coleman, Yovanovich, Koester Bowman 4001 Tamiami Trail North, Suite 300 950 Encore Way Naples, FL 34103 Naples, FL 34110 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a Private Club within a Residential Tourist- Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district pursuant to Section 2.03.02.E.1.c.5 of the Collier County Land Development Code. CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 1 of 9 Page 941 of 6529 CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 2 of 9 Page 942 of 6529 CONCEPTUAL SITE PLAN CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 3 of 9 Page 943 of 6529 GEOGRAPHIC LOCATION: The subject 1.35± acre beachfront property is located along the Gulf of America on the west side of Gulf Shore Drive, just south of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner requests a Conditional Use approval to allow for a Private Club in the Residential Tourist (RT) Zoning District. There is also a companion rezone from the Residential-Single- Family-3 (RSF-3) zoning district to a Residential Tourist-Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) zoning district. The subject site is composed of two lots. One of the lots is developed with a single-family dwelling. The other lot is vacant. The proposed private beach club will be a zoned height of 38 feet and an actual height of 57 feet. It is surrounded to the south by neighboring building heights of 4 to 14 stories. To the north of the subject site, the buildings are a zoned height of 35 feet. The proposed beach club will be membership only. The proposed Conditions of Approval provide compatibility with the surrounding area. The Conditions include established hours of operation, building height, lighting requirements, and operational requirements. For further information, see Attachment B-Conditions of Approval. SURROUNDING LAND USE AND ZONING: North: Developed single-family residence with a zoning designation of Residential- Single-Family-3 (RSF-3) East: Gulf Shore Drive, a 2-lane local road, and then single-family residences with a zoning designation of Residential-Single-Family-3 (RSF-3) South: Hotel with a zoning designation of Residential Tourist–Vanderbilt Beach Residential Tourist Overlay (RT-VBRTO) West: Gulf of America CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 4 of 9 Page 944 of 6529 Subject Site AERIAL GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. For further information, see Attachment C-GMP Consistency Review. Transportation Element: In evaluating this project, staff reviewed the applicant’s April 24, 2025, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2024 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 5 of 9 Page 945 of 6529 that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff findings: According to the TIS provided with this petition, the proposed Paraiso Club development will generate a projected total of +/- 19 PM peak hour trips on the adjacent roadway, Gulfshore Drive. The trips generated will occur on the following adjacent roadway network links: Roadway/Link Link Current Peak Projected 2024 Level 2024 Hour Peak P.M. Peak of Service Remaining Direction Hour/Peak (LOS) Capacity Volume/Peak Direction Direction Project Traffic (1) Gulfshore Vanderbilt 900/NB 5/NB B 580 Drive/29.0 Beach Rd. to th 111 Ave. 111th Avenue Gulfshore 700/EB 4/EB B 390 North/39.0 Dr. to Vanderbilt Dr. 111th Avenue Vanderbilt 900/EB 3/EB C 270 North/40.0 Dr. to US-41 Vanderbilt Gulfshore 1,540/EB 3/EB C 430 Beach Drive to US- Road/109.0 41 1. Source for P.M. Peak Hour/Peak Direction Project Traffic is April 24, 2025; Traffic Impact Statement provided by the petitioner. CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 6 of 9 Page 946 of 6529 The applicant proposes the following Traffic Management Strategies: • No On-site Parking for Members. • Member Shuttle Service. • Staff Transportation Service. • Limited Vendor Site Visits. • Promote Bicycling and Walking to the Facility. Based on the TIS provided by the applicant, the 2024 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Planning staff finds this petition consistent with the GMP. Conservation & Coastal Management Element (CCME): Environmental Planning staff evaluated the petition. The subject 1.35± acre property has been found consistent with the goals, objectives, and policies of the CCME. Based on the above analysis, Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element (FLUE) of the GMP. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.01.E.1.c.5., of the LDC permits conditional uses in the Residential Tourist (RT) zoning district. The requested use for a private beach Club is permitted as a conditional use in the Residential Tourist (RT) zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Use Procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). This request is consistent with the GMP, and this project will comply with the applicable provisions of the LDC. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As depicted on the Conceptual Site Plan on page three, the vehicular ingress will be located on the north side of the site and egress on the south from Gulf Shore Drive. There will also be a separate driveway for the loading area located to the south of the egress driveway. CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 7 of 9 Page 947 of 6529 There will be no on-site parking for the club members and staff, except for handicapped parking. Shuttle service will be provided instead. A Condition of Approval has been made to implement this. (See Attachment C-Conditions of Approval.) The Fire Code official’s office has no objection to the ingress/egress and will review the Site Development Plan (SDP) upon its submission to ensure compliance with applicable fire codes. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic, or odor effects. The proposed private beach club will have minimal impact on the neighboring properties in relation to noise, glare, economic, or odor effects. The Conditions of Approval ensure that the proposed private beach club will be compatible with the neighboring properties. The Conditions limit the hours of operation, lighting, building height, and outline operational requirements. (See Attachment C-Conditions of Approval.) 5. Compatibility with adjacent properties and other properties in the district. The proposed private beach club is compatible with the adjacent properties in the district. To the south of the proposed beach club is a 4-story resort hotel. To the north and east of the proposed private beach club are large homes that are similar in height to the proposed beach club. The Conditions of Approval minimize impacts on the surrounding neighbors and ensure compatibility with the surrounding properties. Based on the above findings, this conditional use is recommended for approval. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held the required meeting on April 7, 2025, at 5:30 p.m. at the Collier County Library, located at 2385 Orange Blossom Drive, Naples, Florida. Eight people, along with the applicant and County Staff, attended the meeting. The neighbors were receptive to the proposed private club. To date, no letters of objection or support have been received. For further information, please see Attachment D: NIM Documents. COUNTY ATTORNEY'S OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for CU-PL20240009700, Paraiso Club Conditional Use on July 23, 2025. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20240009700, Paraiso Club Conditional Use, to the Board of Zoning Appeals (BZA), with a CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 8 of 9 Page 948 of 6529 recommendation of approval, subject to the approval of the companion PL20240007340, Paraiso Club Rezone. Attachment A: Proposed CU Resolution Attachment B: GMP Consistency Review Attachment C: Conditions of Approval Attachment D: NIM Documents Attachment E: Application CU-PL20240009700, Paraiso Club Conditional Use August 4, 2025 Page 9 of 9 Page 949 of 6529 RESOLUTION NO. 2025 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO SUBSECTION 2.03.02.E.1.c.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35± ACRES. [PL20240009700] WHEREAS, the Legislature of the State of Florida in Chapter 67–1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for 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 Conditional Use of a private club in a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road Tourist Overlay (VBRTO) pursuant to Subsection 2.03.02.E.1.c.5 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a 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: [25-CPS-02602/1949710/1]34 Paraiso Club / CU-PL20240009700 6/3/25 1 Page 950 of 6529 Petition Number PL20240009700 filed by Robert J. Mulhere, FAICP and Ellen Summers, AICP, of Bowman and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Paraiso Club, LLC, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a private club in a Residential Tourist (RT) Zoning District within the Vanderbilt Beach Road Tourist Overlay (VBRTO) pursuant to Subsection 2.03.02.E.1.c.5 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit “C”. Exhibits “A”, “B”, and “C” are attached hereto and incorporated herein by reference. The effective date of the Resolution will be the effective date of Ordinance No. ______ for the companion rezone PL20240007340. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this ____ day of ______________, 2025. ATTEST: BOARD OF ZONING APPEALS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: __________________________ By: __________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: _________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C – Conditions of Approval [25-CPS-02602/1949710/1]34 Paraiso Club / CU-PL20240009700 6/3/25 2 Page 951 of 6529Exhibit A Page 952 of 6529 Exhibit B PROPOSED BUILDING EXISTING 6' AND CONCRETE UNDER SIDEWALK BUILDING ZONING: RSF-3 PARKING USE: RESIDENTIAL 21' MIN. SIDE YARD BAYVIEW AVENUE 10' PUBLIC SETBACK WALKWAY 15' TYPE "B" BUFFER SCALE: EASEMENT 1" =60' 30' FRONT YARD SHORE SETBACK FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 30462 GULF DRIVE ZONING: RSF-3 USE: RESIDENTIAL UP ENVIRONMENTAL PROTECTION APPROVED FEBRUARY, 1989 BEACH DUNE COASTAL CONSTRUCTION LOCATION PER GIS DATA POOL PROVIDED BY FLORIDA 950 Encore Way 7 EXISTING Naples, FL 34110 UP Phone (239) 254-2000 www.bowmanconsulting.com DEPARTMENT OF © Bowman Consulting Group, Ltd. Bowman Consulting Group, Ltd. 70' ROW CONTROL LINE 30' MIN. REAR YARD SETBACK 9 LOT #32 7 GULF OF MEXICO 10' TYPE "D" BUFFER LOT #31 UP PL20240007340 MEAN HIGH WATER EXISTING PARAISO CLUB POOL TO BE CONDITIONAL USE REMOVED PROPOSED PROPERTY LOADING BOUNDARY ZONE PROPOSED BIKE TRASH PARKING 21' MIN. 15' TYPE ENCLOSURE SIDE YARD "B" BUFFER COASTAL CONSTRUCTION CONTROL LINE SETBACK ZONING: RT APPROVED SEPTEMBER 18, 1974 USE: HOTEL LOCATION PER GIS DATA PROVIDED BY FLORIDA SITE INFORMATION NOTES: DEPARTMENT OF ENVIRONMENTAL PROTECTION TOTAL SITE AREA: 1.35 ACRES MAXIMUM ZONED BUILDING HEIGHT: 38 FEET NO PRESERVE REQUIRED CONCEPTUAL SITE PLAN SITE CONCEPTUAL C-01 Page 953 of 6529 Exhibit C – Conditions of Approval Paraiso Club Conditional Use PL20240009700 1. No building or structure shall exceed a zoned building height of thirty-eight (38) feet, and an actual height of fifty-seven (57) feet 2. The facility shall be open only between the hours of 8:00 a.m. and remain open until 11:00 p.m, except that the use of pools and access to the beach will cease one hour after sunset. All users must depart the facility within 30 minutes after the allotted closing time. The Owner shall be responsible for strictly enforcing the hours. 3. The facility will have on-site management during all hours that it is open and such management will also remain on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in conformance with these stipulations are, in fact, done. 4. Trash and garbage receptables will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 5. The roof of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. 6. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 7. Lighting, windows, and doors shall comply with LDC Section 3.04.02 B. regarding sea turtle protection, specifically visible light and window transmittance values of 45% or less. 8. Parking areas will be utilized only by authorized users of the facility and will have means to prevent ingress and egress to the parking area during non-operating hours. 9. Members shall be prohibited from driving to and from the beach club, except those with disabilities or special needs. The Owner shall require all members to adhere to this restriction as part of their membership agreement. 10. Members shall be transported to the club via Paraiso’s luxury shuttles. 11. The Owner will attempt to arrange for food and other vendor deliveries to be scheduled during times when traffic volume is at its lowest, such as in the early morning. 12. The Owner shall promote bicycling and walking to the club for members and staff by providing bicycle racks within the building footprint and pedestrian connectivity to the existing sidewalk along Gulf Shore Drive. 13. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club, defined as beach area enclosed by the north and south property lines of the club, extended to the edge of the water. 14. The maximum total daily trip generation for the Conditional Use shall not exceed 19 two- way PM peak hour net rips 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. 15. A beach dune vegetation restoration plan for the subject site shall be provided at time of SDP or subdivision plat. Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340815-01-001 PARAISO CLUB REZONE & CONDITIONAL USE\Conditional Use\2nd Submittal\Exhibit A - Conditions of Approval (5-2-2025) .docx 1 of 2 Page 954 of 6529 16. All other applicable state or federal permits must be obtained before commencement of the development. 17. 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. Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340815-01-001 PARAISO CLUB REZONE & CONDITIONAL USE\Conditional Use\2nd Submittal\Exhibit A - Conditions of Approval (5-2-2025) .docx 2 of 2 Page 955 of 6529 CONSISTENCY MEMORANDUM TO: Nancy Gundlach, Planner III, Zoning Services FROM: Jessica Constantinescu, Planner II, Comprehensive Planning Growth Management Community Development Department DATE: July 16, 2025 SUBJECT: Paraiso Club (RZ-PL20240007340 & CU-PL20240009700) _________________________________________________________________________________ REQUEST: To change the zoning district of a property from Residential Single Family (RSF-3) to Residential Tourist (RT) for a private beach club known as Paraiso Beach Club. LOCATION: The subject site is comprised of +/-1.35 acres and is located on the west side of the intersection of Gulf Shore Drive and Bayview Avenue, in Section 29, Township 48 South, Range 25 East. COMPREHENSIVE PLANNING COMMENTS: The subject property is located within the Urban Residential Subdistrict of the Urban Mixed-Use District of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The Urban Mixed-Use District allows water- dependent and water-related land uses within the coastal region, and states: “Mixed-use sites of water-dependent and water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses such as boat storage, launching facilities, fueling facilities, and restaurants. Any development that includes a water-dependent and/or water-related land use shall be encouraged to use the Planned Unit Development technique and other innovative approaches so as to conserve environmentally sensitive areas and to assure compatibility with surrounding land uses.” The subject property does not meet the minimum lot area required of a Planned Unit Development (PUD). In order to achieve compatibility with the surrounding areas under the Residential Tourist district, the petition includes Conditions of Approval in Exhibit A to limit the zoned building height of the structure and restrict the remaining permitted and conditional uses as allowed by the RT district. The uses listed as prohibited in the Conditions of Approval may otherwise be considered incompatible and would entitle the property to uses and densities deemed inconsistent with the FLUE. As the FLUE allows water-dependent and water-related uses in the Urban-Mixed Use District, the innovative methods used to attain compatibility of the Paraiso Beach Club may be found to be consistent with the Future Land Use Element of the Growth Management Plan. Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 956 of 6529 Certain applicable Future Land Use Element (FLUE) policies are shown as follows in italics, followed by staff analysis in bracketed bold text. FLUE Policy 5.6 (shown below in italics) followed by staff analysis in [bracketed bold text]. New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004, and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition.] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The property does not front a collector nor arterial road.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The site does not contain any new roads or internal accesses. Vehicular congestion is alleviated by limiting allowance for on-site parking and requiring members to use alternative modes of transportation, such as shuttles and bicycles, to access the property.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments, regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [The surrounding development of the site is fully improved. The development is not of a feasible scale to incorporate local streets and interconnection points with its adjacent developments.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities, and a range of housing prices and types. [As the site is not of a residential nature, analysis of this policy will be limited as applicable. The Paraiso Beach Club encourages walkability of the area by restricting use of parking and encouraging resident members to access the site by walking or biking.] CONCLUSION: Based on the above analysis, staff finds the subject petition consistent with the Future Land Use Element of the Growth Management Plan. Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliercountyfl.gov/ Page 957 of 6529 Exhibit A – Conditions of Approval Paraiso Club Conditional Use PL20240009700 1. No building or structure shall exceed a zoned building height of thirty-eight (38) feet, and an actual height of fifty-seven (57) feet 2. The facility shall be open only between the hours of 8:00 a.m. and remain open until 11:00 p.m, except that the use of pools and access to the beach will cease one hour after sunset. All users must depart the facility within 30 minutes after the allotted closing time. The Owner shall be responsible for strictly enforcing the hours. 3. The facility will have on-site management during all hours that it is open and such management will also remain on site after closing to ensure that those actions that need to be taken at the end of each operating day to be in conformance with these stipulations are, in fact, done. 4. Trash and garbage receptables will be enclosed and will be removed from the beach-side facilities at the close of each operating day. 5. The roof of any buildings on the site, and the pool deck, will be of a non-glare material in a muted color. 6. Lighting shall be designed so as to eliminate spill over on to adjacent properties. Light poles shall be no more than 15 feet in height and shall be of a material and color compatible with the design of the facility. 7. Lighting, windows, and doors shall comply with LDC Section 3.04.02 B. regarding sea turtle protection, specifically visible light and window transmittance values of 45% or less. 8. Parking areas will be utilized only by authorized users of the facility and will have means to prevent ingress and egress to the parking area during non-operating hours. 9. Members shall be prohibited from driving to and from the beach club, except those with disabilities or special needs. The Owner shall require all members to adhere to this restriction as part of their membership agreement. 10. Members shall be transported to the club via Paraiso’s luxury shuttles. 11. The Owner will attempt to arrange for food and other vendor deliveries to be scheduled during times when traffic volume is at its lowest, such as in the early morning. 12. The Owner shall promote bicycling and walking to the club for members and staff by providing bicycle racks within the building footprint and pedestrian connectivity to the existing sidewalk along Gulf Shore Drive. 13. Beach chairs, umbrellas, cabanas, and similar devices supplied by the club shall only be used on the beach in front of the club, defined as beach area enclosed by the north and south property lines of the club, extended to the edge of the water. 14. The maximum total daily trip generation for the Conditional Use shall not exceed 19 two- way PM peak hour net rips 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. 15. A beach dune vegetation restoration plan for the subject site shall be provided at time of SDP or subdivision plat. Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340815-01-001 PARAISO CLUB REZONE & CONDITIONAL USE\Conditional Use\2nd Submittal\Exhibit A - Conditions of Approval (5-2-2025) .docx Page 958 of 6529 16. All other applicable state or federal permits must be obtained before commencement of the development. 17. 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. Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340815-01-001 PARAISO CLUB REZONE & CONDITIONAL USE\Conditional Use\2nd Submittal\Exhibit A - Conditions of Approval (5-2-2025) .docx Page 959 of 6529Page 960 of 6529Page 961 of 6529Page 962 of 6529Page 963 of 6529Page 964 of 6529Page 965 of 6529Page 966 of 6529Page 967 of 6529Page 968 of 6529Page 969 of 6529Page 970 of 6529Page 971 of 6529Page 972 of 6529Page 973 of 6529Page 974 of 6529Page 975 of 6529Page 976 of 6529Page 977 of 6529Page 978 of 6529Page 979 of 6529Page 980 of 6529Page 981 of 6529Page 982 of 6529Page 983 of 6529Page 984 of 6529Page 985 of 6529Page 986 of 6529Page 987 of 6529Page 988 of 6529Page 989 of 6529Page 990 of 6529Page 991 of 6529Page 992 of 6529Page 993 of 6529Page 994 of 6529Page 995 of 6529Page 996 of 6529Page 997 of 6529Page 998 of 6529Page 999 of 6529Page 1000 of 6529Page 1001 of 6529Page 1002 of 6529Page 1003 of 6529Page 1004 of 6529Page 1005 of 6529Page 1006 of 6529Page 1007 of 6529Page 1008 of 6529Page 1009 of 6529Page 1010 of 6529Page 1011 of 6529Page 1012 of 6529Page 1013 of 6529Page 1014 of 6529Page 1015 of 6529Page 1016 of 6529Page 1017 of 6529Page 1018 of 6529Page 1019 of 6529Page 1020 of 6529Page 1021 of 6529Page 1022 of 6529Page 1023 of 6529Page 1024 of 6529Page 1025 of 6529Page 1026 of 6529Page 1027 of 6529Page 1028 of 6529Page 1029 of 6529Page 1030 of 6529Page 1031 of 6529Page 1032 of 6529Page 1033 of 6529Page 1034 of 6529Page 1035 of 6529Page 1036 of 6529Page 1037 of 6529Page 1038 of 6529Page 1039 of 6529Page 1040 of 6529Page 1041 of 6529Page 1042 of 6529Page 1043 of 6529Page 1044 of 6529Page 1045 of 6529Page 1046 of 6529Page 1047 of 6529Page 1048 of 6529Page 1049 of 6529Page 1050 of 6529Page 1051 of 6529Page 1052 of 6529Page 1053 of 6529Page 1054 of 6529Page 1055 of 6529Page 1056 of 6529Page 1057 of 6529Page 1058 of 6529Page 1059 of 6529Page 1060 of 6529Page 1061 of 6529Page 1062 of 6529Page 1063 of 6529Page 1064 of 6529Page 1065 of 6529Page 1066 of 6529Page 1067 of 6529Page 1068 of 6529Page 1069 of 6529Page 1070 of 6529Page 1071 of 6529Page 1072 of 6529Page 1073 of 6529Page 1074 of 6529Page 1075 of 6529Page 1076 of 6529Page 1077 of 6529Page 1078 of 6529Page 1079 of 6529Page 1080 of 6529Page 1081 of 6529Page 1082 of 6529Page 1083 of 6529Page 1084 of 6529Page 1085 of 6529Page 1086 of 6529Page 1087 of 6529Page 1088 of 6529Page 1089 of 6529Page 1090 of 6529 Dear Mike, Thank you for reaching out to hear my (and my husband’s) perspective on our decades in the Vanderbilt Beach area. My family’s love affair with Naples began in 1972 when my dad, convinced he had found paradise, brought us here for the first time. As the middle of five kids, I remember those early days vividly light traffic, just a handful of restaurants (Witches Brew, Pippens, Kelly's Fish House, Pewter Mug) and the charm of a quiet, untouched coastal town. Our first home was at Palm River Estates, where La Playa golf club now stands. My dad, who battled polio, always said that being in Naples made him feel better than anywhere else. The warm air, the gentle ocean breeze and the laid-back lifestyle gave him a sense of peace and well-being that was truly special. Vanderbilt Beach quickly became my favorite place-a reflection of “old Florida” at its finest. When my parents moved to The Vineyards, our connection to the area only deepened. My oldest sister bought a condo in Vanderbilt Beach in 1995 and my husband and I followed suit in Vanderbilt Beach 1998. For 25+ years, we cherished everything about this incredible place-the beauty, the community and the sense of belonging. However, as Naples has grown, so too has Vanderbilt Beach. The increased development, parking structures, and influx of visitors have brought more energy but also more congestion. While I understand and appreciate progress, it has been bittersweet to see the tranquil charm of Old Florida slowly fade. The beaches at Vanderbilt Beach have become grossly overcrowded. The situation will get much worse once the Ritz Residences are completed. As a result, we planned to sell our condo in Vanderbilt Beach and leave the area. That’s why I was so excited to hear about Paraiso Beach Club. After learning about the vision, the membership structure, and the thoughtful and ongoing planning behind it, we are wholeheartedly committed to joining. Speaking to you and Dave only reinforced our beliefs that this is an opportunity to restore the serenity we have always cherished. Knowing that we will have a place where we can gather with family and friends, enjoy the natural beauty, and embrace the Naples lifestyle in a more intimate setting fills me with renewed joy. We realize it will take time, but because of this exciting future, we are holding on to our condo and looking forward to the day when we can once again walk along the quieter shores and enjoy an exceptional beachside experience. We appreciate the dedication and effort it takes, and will continue to take, to make this vision a reality. Thank you for your hard work and commitment to preserving what makes Naples so special. Page 1091 of 6529Page 1092 of 6529Page 1093 of 6529Page 1094 of 6529Page 1095 of 6529Page 1096 of 6529Page 1097 of 6529Page 1098 of 6529Page 1099 of 6529Page 1100 of 6529Page 1101 of 6529Page 1102 of 6529Page 1103 of 6529Page 1104 of 6529Page 1105 of 6529Page 1106 of 6529 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 RESIDENTIAL SINGLE FAMILY 3 (RSF-3) ZONING DISTRICT TO A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) FOR THE PROJECT TO BE KNOWN AS PARAISO CLUB, LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240007340] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO SUBSECTION 2.03.02.E.1.C.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35± ACRES. [PL20240009700] Page 1107 of 6529 Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 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 Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier.gov. Any person who decides to appeal any decision of the Board 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 1108 of 6529 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 1109 of 6529 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on October 14, 2025, in the Board of County Commissioners Meeting Room, third floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL to consider: 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 RESIDENTIAL SINGLE FAMILY 3 (RSF-3) ZONING DISTRICT TO A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) FOR THE PROJECT TO BE KNOWN AS PARAISO CLUB, LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20240007340] AND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A PRIVATE CLUB IN A RESIDENTIAL TOURIST (RT) ZONING DISTRICT WITHIN THE VANDERBILT BEACH ROAD TOURIST OVERLAY (VBRTO) PURSUANT TO SUBSECTION 2.03.02.E.1.C.5 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE WEST SIDE OF GULF SHORE DRIVE NEAR THE INTERSECTION OF BAYVIEW AVENUE IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1.35± ACRES. [PL20240009700] Page 1110 of 6529 Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 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 Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collier.gov. Any person who decides to appeal any decision of the Board 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 based. 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 Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Page 1111 of 6529 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER Page 1112 of 6529 10/14/2025 Item # 10.A ID# 2025-3708 Executive Summary Request the Board adopt a Resolution expressing support for designating October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.” OBJECTIVE: To adopt a resolution support for designating October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.” CONSIDERATIONS: The Collier County Board of Commissioners wishes to support the resolution brought forth by Senator Rick Scott to the Senate on September 18th, 2025, designating October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.” [AGENDA_ITEM_CUSTOM_TEXT_8] FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for Board approval. — JAK RECOMMENDATIONS: Recommendation to adopt a proposed Resolution. PREPARED BY: Commissioner Dan Kowal, District 4 ATTACHMENTS: 1. 2025 Resolution - Charlie Kirk -SF edits Page 1113 of 6529 RESOLUTION NO. 2025 - ______ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, EXPRESSING SUPPORT FOR DESIGNATING OCTOBER 14, 2025, AS THE “NATIONAL DAY OF REMEMBRANCE FOR CHARLIE KIRK.” WHEREAS, Charlie Kirk was a champion of free speech, civil dialogue, and faith; and WHEREAS, Mr. Kirk consistently promoted the values of individual liberty, open debate, the importance of civic engagement, and the defense of constitutional principles; and WHEREAS, Charlie Kirk was recognized as one of the leading voices among young leaders in the United States, creating opportunities for civic education, fostering youth leadership, and promoting principles of liberty and democracy across the United States; and WHEREAS, Mr. Kirk founded and served as the executive director of Turning Point USA, a nonprofit organization of chapters across the United States dedicated to educating students about the principles of freedom, free markets, and limited government; and WHEREAS, Charlie Kirk authored multiple national best-selling books that engaged readers in critical conversations about civics, culture, and the future of the United States; and WHEREAS, through his writing, public speaking, and media presence, Charlie Kirk reached millions of Americans and inspired a generation of young people to participate in civic life and leadership; and WHEREAS, Mr. Kirk’s outreach and programs brought many young people into the civic arena who otherwise might not have engaged, including students who credit his work with motivating them to form campus organizations, pursue public service, and study civics more deeply; and WHEREAS, since his assassination on September 10, 2025, there has been a notable surge of interest and applications to establish Turning Point chapters and similar civic programs on college campuses, reflecting his continuing influence on youth civic engagement; and WHEREAS, Mr. Kirk was widely appreciated for restoring vigorous debate on college campuses [22-BCC-00996/1744470/1] Page 1114 of 6529 and in public life, reminding Americans that disagreement should not preclude conversation and encouraging citizens to consider differing perspectives in good faith; and WHEREAS, although frequently associated with political debate, Mr. Kirk grounded his public work in moral convictions that he placed above partisanship; those convictions guided his public advocacy and steered his approach to debate and civic education; and WHEREAS, October 14, 2025, Mr. Kirk’s birthday, provides an appropriate opportunity for citizens and institutions to commemorate his life and the civic values he advanced; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board joins in support of S.Res.403 and designates October 14, 2025, as the “National Day of Remembrance for Charlie Kirk.” 2. The Board recognizes Charlie Kirk for his contributions to civic education, public discourse, youth leadership, and moral advocacy. 3. The Board encourages educational institutions, civic organizations, and citizens within Collier County and across the United States to observe this day with appropriate programs, activities, prayers, and ceremonies that promote civic engagement, respectful debate, and the principles of faith, liberty, and democracy that Mr. Kirk championed. 4. The Board commends the work of student leaders and civic organizations who continue to advance the practices of open debate and moral-based civic engagement that Mr. Kirk promoted. This Resolution adopted upon majority vote on this ___ day of __________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA By:_____________________________ By:_____________________________ , Deputy Clerk Burt L. Saunders, Chairman [22-BCC-00996/1744470/1] Page 1115 of 6529 Approved as to form and legality: ______________________________ Jeffrey A. Klatzkow, County Attorney [22-BCC-00996/1744470/1] Page 1116 of 6529 10/14/2025 Item # 11.A ID# 2025-3616 Executive Summary Recommendation that the Board of County Commissioners, as the ex-officio the Governing Board of the Collier County Water-Sewer District, approve a Resolution repealing and replacing Resolution No. 2023-135, as amended by Resolution 2024-212, by modifying the Utility Project A-1 description set forth on Exhibit A to add the Northeast Interim Facilities Program and Wastewater Regional Treatment Plant Expansion projects as eligible projects to be financed with a loan under the Florida Local Government Finance Commission's Pooled Commercial Paper Loan Program, and increasing and authorizing the borrowing of a not to exceed principal amount of $50,000,000 to $200,000,000. This Loan is secured by a subordinate pledge of and lien on the net revenues of the water and sewer utility system in accordance with the terms of the Loan Agreement and as provided in the Resolution approving such Loan; authorize execution of the loan note or loan notes to evidence such borrowing; authorize the execution and delivery of other such documents as may be necessary to effect such borrowing; and authorize all necessary Budget Amendments. OBJECTIVE: The public purpose is to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. This action is to provide gap funding for the Northeast Interim Facilities Program and the Wastewater Regional Treatment Plant Expansion. CONSIDERATIONS: On July 11, 2023, Agenda Item 11B, the Board adopted Resolution 2023-135 providing gap funding for the Headworks project as well as PUR projects in Naples Park and Palm River. Through prudent fiscal management and subsequent user fee rate increases, the utility has fully funded those projects in the Fiscal 2025 Capital Improvement Budget on a cash and carry basis to date, without the need for commercial paper. On November 12, 2024, Agenda Item #16.C.9, the Board amended Resolution No. 2023-135 to add the Golden Gate Wastewater Treatment Plant Expansion and potential property purchases as potential projects for Commercial Paper Loan use in addition to constructing the North Collier Water Reclamation Facility (NCWRF) Pretreatment Facility and continuation of Public Utility Renewal projects. On July 8, 2025, Agenda Item 11G, the Board approved the Northeast Interim Facilities Program. The Program is a systematic approach by the Collier County Water Sewer District (“CCWSD”) to evaluate the projected demand to provide for the supply capacity required to meet the service demand. The program incorporates the Annual Update and Inventory Report (AUIR) established levels of services against population growth. Validation of engineering modeling efforts for water, wastewater, and IQ commodities determine the program components that include deliverables inside and outside the regional plant site. The Program will be reviewed and validated each year in concert with the AUIR. On July 30, 2025, the Finance Committee met to discuss Public Utilities’ need for additional funding sources and unanimously approved repealing and replacing Resolution No. 2023-135, as previously amended, in its entirety, to add the Northeast Interim Facilities Program and Wastewater Regional Treatment Plant Expansion projects as potential projects for financing under the Commercial Paper Loan program and unanimously approved to increase the potential borrowing limit under the Commercial Paper Loan Program amount from $50,000,000 to a not to exceed amount of $200,000,000. This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. It further is in support of the Infrastructure and Asset Management Strategic Focus Area’s objectives to optimize the useful life of all public infrastructure resources through proper planning and preventative maintenance. This item is aligned with the Annual Update and Inventory Report (AUIR) and other planning tools that establish and implement plans for availability and adequacy of public facilities and remain in compliance with all regulatory requirements. FISCAL IMPACT: Approval of the Resolution provides the framework to draw loans up to $200,000,000, it does not obligate any loan draw. No funding has been drawn to date. For Fiscal Year 2026, the rough order of magnitude estimated funding needs for the Northeast Utility Mains Expansion Project and Golden Gate City Wastewater Treatment Plant Expansion Project total approximately $201,000,000. Currently, approximately $35,000,000 is available in County Water-Sewer Bond #2 Proceeds (Fund 4019), leaving a funding gap to be covered by the commercial paper loan. Gap funding requirements for the Wastewater Regional Treatment Plant Expansion Project and the Public Utility Renewal Page 1117 of 6529 10/14/2025 Item # 11.A ID# 2025-3616 Projects will depend on cash flows pending user fee rate adjustments. At the current interest rate of 3.68% including all fees, $200,000,000 in principal would cost approximately $7,360,000 in annual interest. Any loan under the Loan Program may be prepaid upon 45 days’ notice without penalty and any remaining principal would likely be refinanced as part of a long-term, fixed interest rate bond. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. – JAK RECOMMENDATIONS: That the Board of County Commissioners, as the ex-officio the Governing Board of the Collier County Water-Sewer District, approve a Resolution repealing and replacing Resolution No. 2023-135, as amended by Resolution 2024-212, by modifying the Utility Project A-1 description set forth on Exhibit A to add the Northeast Interim Facilities Program and Wastewater Regional Treatment Plant Expansion projects as eligible projects to be financed with a loan under the Florida Local Government Finance Commission's Pooled Commercial Paper Loan Program, and increasing and authorizing the borrowing of a not to exceed principal amount of $50,000,000 to $200,000,000. This Loan is secured by a subordinate pledge of and lien on the net revenues of the water and sewer utility system in accordance with the terms of the Loan Agreement and as provided in the Resolution approving such Loan; authorize execution of the loan note or loan notes to evidence such borrowing; authorize the execution and delivery of other such documents as may be necessary to effect such borrowing; and authorize all necessary Budget Amendments. PREPARED BY: Joseph Bellone, Director, Utilities Finance ATTACHMENTS: 1. Resolution Commercial Paper Utility Project A-1 - CAO FINAL Page 1118 of 6529 RESOLUTION NO. 2025- A RESOLUTION OF THE BOARD OF COLINTY COMMISSIONERS OF COLLIER COTINTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COLTNTY WATER-SEWER DISTRICT, REPEALING AND REPLACING RESOLUTION NO. 2023- 135, AS AMENDED BY RESOLUTION 2024-212, BY MODIFYING THE UTILITY PROJECT A- 1 DESCRIPTION SET FORTH ON EXHIBIT A TO SUCH RESOLUTION AND INCREASING AND AUTHORIZING THE BORROWING OF NOT EXCEEDING S5O,OOO,OOO TO $2OO,OOO,OOO FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT (UTILITY) AMONG THE DISTRICT, JPMORGAN CHASE BANK, N.A., AND THE COMMISSION IN ORDER TO FINANCE, COSTS OF VARIOUS CAPITAL IMPROVEMENTS TO THE UTILITY SYSTEM, INCLT]DING THE REIMBURSEMENT OF ANY EXPENSES PREVIOUSLY INCURRED BY THE DISTRICT IN CONNECTION THEREWITH; AUTHOzuZING THE E,XECUTION OF A LOAN NOTE OR LOAN NOTES TO EVIDENCE SUCH BORROWING AND AGREEING TO SECURE SUCH BORROWING WITH A SUBORDINATE PLEDGE OF NET REVENUES OF THE UTILITY SYSTEM, ALL AS PROVIDED IN THE LOAN AGREEMENT (UTILITY); AUTHOzuZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFE,CT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 1 1,2023 the Board of County Commissioners (the "Board") of Collier County, Florida (the "County"), acting as the Ex-Officio Governing Board of the Collier County Water-Sewer District (the "District"), adopted Resolution No. 2023-135 (the "Original Resolution"), approving borrowing of not exceeding $50,000,000 from the Florida Local Government Finance Commission (the "Commission") pursuant to the terms of a Loan Agreement (Utility) among the District, JPMorgan Chase Bank, N.A. and the Commission to finance costs of various capital improvements to the District's Utility System, as described in the Original Resolution; and WHEREAS, on November 12, 2024 the Board of the County, as Ex-Officio governing body of the District, adopted Resolution No. 2024-212 (the "Amending cao Page 1119 of 6529Resolution") amending Resolution No. 2023-135 to expand the list of projects described in Exhibit A to be financed with proceeds of the approved borrowing; and WHEREAS, the District would like to further expand the list of projects described in Exhibit A to the Original Resolution, as amended by the Amending Resolution (collectively, the "Approving Resolution"), to include additional projects to be financed, and to increase the authorized borrowing amount to not exceeding $200,000,000, and deems it necessary and desirable to repeal and replace Resolution No. 2023-135, as amended by Resolution No. 2024-212, in its entirety as provided herein. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ACTING AS THE EX.OFFICIO GOVERIIING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT: SECTION 1. AUTHORITY. This Resolution is adopted pursuant to Part I, Chapter 125, Florida Statutes, Part II, Chapter 153, Florida Statutes, Part I, Chapter 163, Florida Statutes, Chapter 78-489, Laws of Florida, Special Acts of 1978, as amended, and all other applicable provisions of law. SECTION 2. REPEAL AND REPLACEMENT. Resolution No. 2023- 135, as amended by Resolution No. 2024-212, is hereby amended and restated in its entirety to read as follows: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. rrActrr means, collectively,Part I, Chapter 125, Florida Statutes, Part II, Chapter 153, Florida Statutes, Part I, Chapter 163, Florida Statutes, Chapter 78-489, Laws of Florida, Special Acts of 1978, as amended, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the Public Agency pursuantto Sections 5.02(b),5.02(c),5.02(d),5.05,6.06(e) and 8.04 of the Loan Agreement. "Bank" means JPMorgan Chase Bank, N.A., and any successors thereto. "Board" means the Board of County Commissioners of Collier County, Florida, acting as the ex-officio governing board of the Public Agency. "Chairman" means the Chairman or Vice Chairrnan of the Board, and such other person as may be duly authorized to act on his or her behalf. 2 CAO Page 1120 of 6529 "Clerk" means the Clerk of the Board and ex-officio Clerk of the Public Agency, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "CounQ/" means Collier County, Florida, a political subdivision the State of Florida. "Designated Revenues" means (1) Net Revenues as set forth in the Loan Agreement, (2) the proceeds of the Loan pending the application thereof, and (3) the proceeds of any obligations issued to refinance Loans made under the Loan Agreement. "Draw Date" has the meaning set forth in the Loan Agreement "Loan" means the loan to be made by the Commission to the Public Agency from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan No. A-1 (Utilify)" means the loan designated as "Loan No. A-1 (Utility)," the proceeds of which shall be used to finance Utility Project A-1. "Loan Agreement" means the Loan Agreement (Utility), to be executed in connection with Loan No. A-1 (Utility) among the Public Agency, the Commission and the Bank, as the same may be amended and supplemented, which Loan Agreement was approved by the Board on October 25,2022. "Loan Note" means a note of the Public Agency evidencing the obligations incurred under the Loan Agreement by the Public Agency on account of a borrowing of money made in regard to a Loan, which shall be in substantially the form provided in the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest on the Loan Amounts payable by the Public Agency pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the Public Agency pursuant to the provisions of the Loan Agreement. "Net Revenues" shall have the meaning ascribed thereto in the Utility Resolution. "Parity Obligations" means the Public Agency's outstanding Water and Sewer Refunding Revenue Note (Subordinate), Series 2016 and any other debt issued on parity with Loan No. A-l under the Loan Agreement. Ja cao Page 1121 of 6529 "Program" means the Pooled Commercial Paper Loan Program established by the Commission for which the Bank currently provides the Credit Facility. "Public Agency" means the Collier County Water-Sewer District, a body corporate and politic and a duly constituted political subdivision of the State of Florida (the "State"). "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Senior Obligations" means (1) the Public Agency's Water and Sewer Revenue Bond, Series 2018, Water and Sewer Revenue Bonds, Series 2019, Water and Sewer Revenue Bonds, Series 2021 and Taxable Water and Sewer Refunding Revenue Bond, Series 2023; (2) any obligations issued on parity with any of the obligations described in clause (1) above; (3) any obligations issued to refund any of the obligations described in clause (1) or (2) above; and (4) any obligations issued on parity with the obligations described in clause (3) above. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. "System" shall have the meaning provided therefor in the Utility Resolution. "Utilify Project A-1" means the acquisition, construction and equipping of various utility capital improvements as described on Exhibit A hereto and as more particularly described in the plans and specifications on file with the Public Agency, and as the same may be amended or modified from time to time. "Utility Resolution" means the Public Agency's Resolution No. CWS-85-5, adopted on July 30, 1985, as restated, amended and supplemented, and any successor instrument thereto. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. 4 CAO Page 1122 of 6529 SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the Public Agency, desiring to finance the cost of acquiring, constructing and equipping capital improvements and to finance other governmental needs. (B) In fuitherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" pursuant to the Program and shall loan the proceeds of such Series A Notes to public agencies, including the Public Agency. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the Public Agency such amounts as shall be authorized herein and in the Loan Agreement in order to enable the Public Agency to finance, refinance and/or reimburse the costs of the acquisition, construction and equipping of various capital improvements to the System, including the Utility Project A-1, and the Public Agency desires to borrow such amounts from the Commission subject to the terms and conditions of the Loan Agreement. (D) There is presently a need by the Public Agency to finance the acquisition, construction and equipping of the Utility Project A-1 and the most cost-effective means by which to finance the Utility Project A-1 is by use of moneys obtained pursuant to the Program by means of Loan No. A-1 (Utility). (E) The Public Agency hereby determines that the provision of funds by the Commission to the Public Agency in the form of Loan No. A-1 (Utility) pursuant to the terms of the Loan Agreement and the financing of a portion of Utility Project A-l will assist in the development and maintenance of the public welfare of the residents of the Public Agency, and shall serye a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (F) Loan No. A-1 (Utility) shall be repaid solely from the Designated Revenues as described herein and in the Loan Agreement. Such Designated Revenues shall include a pledge of and lien on the Net Revenues which shall be subordinate and junior in all respects to the pledge of and lien on such Net Revenues granted to the holders of the Senior Obligations and shall be on parity with the Parity Obligations. The ad valorem taxing power of the County will never be necessary or authorizedto make the Loan Repayments. (G) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-1 (Utility), the complexity of the 5 CAO Page 1123 of 6529transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the Public Agency to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the Public Agency to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the Public Agency to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOAN NO. A-1 (UTILITY). The Public Agency hereby approves Loan No. A-1 (Utility) in an aggregate principal amount of not exceeding $200,000,000 for the purposes of providing the Public Agency with sufficient funds to finance a portion of the costs of Utility Proj ect A- 1 . The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the Public Agency a Loan Note or Notes and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A-1 (Utility) as provided in the Loan Agreement. The Loan Notes shall reflect the terms of the Loan or draws made on account of Loan No. A-l (Utility) and shall be substantially in the form attached to the Loan Agreement as Exhibit D. The County Manager shall determine the dates and amounts of the funding of Loan No. A-1 (Utility) in accordance with the terms of the Loan Agreement as shall be determined necessary to finance the Utility Project A- 1. The repayment of the Loan or the draws made on account of Loan No. A-l (Utility) shall be made at such time or times as shall be determined by the County Manager and shall be permitted by the Loan Agreement and set forth in the Loan Notes; provided, however, the final maturity may not be later than five (5) years from the date of issuance. Loan No. A-1 (Utility) is subject to mandatory prepayment in accordance with Section 5.06 of the Loan Agreement. Draws made in regard to Loan No. A-l (Utility) shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The Public Agency further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The letter of credit fee with respect to Loan No. A-1 (Utility) shall equal such amount as may be agreed upon between the Public Agency and the Bank so long as such fee does not exceed 110 basis points. SECTION 5. AUTHORIZATION OF UTILITY PROJECT A-1. The Public Agency does hereby authorize Utility Project A-1 as described herein and the reimbursement of any costs incurred by the Public Agency with respect to Utility Project A-1 within the prior 60 days that are approved by bond counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The Public Agency's obligation to repay Loan No. A-1 (Utility) will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The pledge of and lien on the Net Revenues, which constitute a portion of the Designated Revenues, shall be subordinate and junior in all respects to the pledge of and lien on such Net Revenues granted to the holders of the Senior Obligations and shall be on parity with the Parity 6 CAO Page 1124 of 6529Obligations. The obligation ofthe Public Agency to repay LoanNo. A-1 (Utility) shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the making of Loan No. A-1 (Utility) by the Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the Public Agency and (ii) the Commission and the Bank. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the Public Agency are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the Public Agency or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 9. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SBCTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. AII resolutions or parts thereof in conflict herewith which seek short-term financing of the Utility Project A-l of the Program, including Resolution No. 2023-135, as amended by Resolution No. 2024-21,2, are hereby superseded and repealed to the extent of such conflict. SECTION 11. EFFECTM DATE. This Resolution shall take effect immediately upon its adoption. 7 CAO Page 1125 of 6529 DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 14th day of October, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COIINTY, FLOzuDA, AS THE EX OFFICIO GOVERNING BOARD OF THE COLLIER COLINTY WATER- SEWER DI STzuCT By By , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality Ar Jeffrey A. Klatzkow, County Attorney 4lta t{ 8 CAO Page 1126 of 6529 EXHIBIT A UTILITY PROJECT A-I DESCRIPTION Utility Project A-1 generally includes the following, as more particularly described in the plans and specifications on file with the Public Agency, as the same may be modified from time to time: Naples Park Public Utility Renewal - A multi-year program that provides full replacement of water, wastewater, stormwater and transportation infrastructure in Naples Park that has reached the end of its useful life. The program installs fire hydrants, water mains, force mains, gravity sewer, stormwater, and roadway infrastructure. To date, six streets are fully renewed, four have completed the water infrastructure renewal, and two are currently under construction for full renewal. This section includes design and construction of two more streets covering approximately two miles of complete infrastructure renewal. Beyond those two streets, there are five remaining for full renewal and four remaining for wastewater and stormwater renewal. This project continues the Naples Park Public Utilities Renewal program sustaining compliance, meeting demand, and providing reliability through continued proactive maintenance and replacement of the system assets. Palm River Public Utility Renewal - A multi-year ten area phased program that provides full replacement of water, wastewater, stormwater and transportation infrastructure in Palm River that has reached the end of its useful life. The program installs fire hydrants, water mains, force mains, gravity sewer, stormwater, and roadway infrastructure. To date, there are two areas currently under construction. This project involves the next two areas that equates to approximately two miles of complete infrastructure renewal. This project is part of the Palm River Public Utilities Renewal program sustaining compliance, meeting demand, and providing reliability through continued proactive maintenance and replacement of the system assets. Golden Gate City Wastewater Treatment Plant expansion - The existing Golden Gate Wastewater Treatment Plant ("GGWWTP") is a 1.50 MGD AADF package plant activated sludge wastewater treatment facility. The Golden Gate City Central Service Area is expanding to accommodate flow from current and future development in Activity Center #9 and the surrounding area north of I-75. To facilitate this service area expansion as well as anticipated redevelopment of the Golden Gate parkway corridor and the Golden Gate Country Club (acquired by the County in July 2019) ani the conversion of existing septic system users within the existing service area, the GGWWTP will undergo a 3.5 Million Gallons per Day (MGD) expansion, including construction of necessary utility appurtenances, resulting in the S.O laCO (net) Central Collier Regional Water Reclamation Facility. This is a multi-year compliance assurance program that restores, rehabilitates and replaces aging wastewater treatment 9 CAO Page 1127 of 6529systems within the District acquired Golden Gate City Wastewater Treatment Plant to maintain compliance and to meet operational needs. Wastewater Regional Treatment Plant expansion - Design, Construction and Engineering Inspection for wastewater regional treatment plant capacity expansion, including but not limited to treatment technology and flow management improvement and deep injection well, irrigation quality water system expansion, associated pipelines, and other utility facilities as necessary to meet operational needs. Northeast Service Area - Design, Construction, Engineering Inspection and Program Management for the Northeast Service Area Program, including but not limited to water and wastewater treatment plants, mains and pipelines, storage tanks, pump stations, irrigation quality water system, monitoring wells, raw water wells, power, fiber infrastructure, supervisory control and data acquisition, appurtenances, sitework and landscaping necessary to enable future production, treatment, distribution and collection in the Northeast Service Area. 10 CAO Page 1128 of 6529 10/14/2025 Item # 11.B ID# 2025-3480 Executive Summary Recommendation that the Board of County Commissioners, acting as the ex-officio Governing Board of the Collier County Water-Sewer District, approve an Agreement for Sale and Purchase of 3910 Domestic Avenue for pump rebuild operations, inventory storage, and personnel accommodation. The total cost for this transaction will not exceed $4,525,000. OBJECTIVE: The public purpose is to provide public utility facilities to effectively and sustainably meet demand and maintain health, safety, and regulatory compliance. This action is to acquire the 3910 Domestic Avenue property. CONSIDERATIONS: Due to the growth of the wastewater system, the current pump shop facility is significantly undersized and no longer meets operational, safety, and compliance demands. CCWSD’s current facility, located at 6027 Shirley St, Naples, FL 34109, houses the following business wastewater units: • Inventory • Asset Infrastructure Rehabilitation • Pump Shop • Camera and Vactor Crew and Equipment • Electrical and Instrumentation Crew and Equipment. Key limitations at the current facility include: • Inadequate Storage and Inventory Space: Insufficient room to maintain required pump parts and replacement stock. • Limited Pump Rebuild Capacity: Lack of purpose-built workspace diminishes efficiency and increases reliance on outside vendors. • Insufficient Sanitary and Personnel Accommodations: Overcrowding has reached a critical level, forcing staff and equipment to be staged at remote pump stations not designed for these uses. The remote locations lack sanitary facilities, resulting in employees relying on temporary toilets and insufficient decontamination space. Acquisition of the proposed property at 3910 Domestic Avenue, situated on 0.85 acres, directly addresses these shortcomings. The facility provides space for pump rebuild operations, inventory storage, and accommodates staff, while also improving system resilience, operational efficiency, and scalability for future growth. Two independent appraisers, using the sales comparison approach and both noting no adverse conditions, valued the property at an average of $4,560,000. The County has negotiated a purchase price of $4,500,000 for the 12,500-square- foot facility, which also includes bay units well-suited for shop and storage functions. At closing, all units will be delivered vacant, with no carryover of any existing tenants. The current Owner will be permitted to occupy the storefront, storage above, and the nearest bay unit (the “Occupied Area”) for a period not to exceed 60 days following the date of Closing (the “Occupancy Period”). During the Occupancy Period, Seller will not be required to pay rent; however, Seller will be solely responsible for all utility charges and any related service costs for installation, maintenance, and service of any separate meters required to measure such use for the Occupied Area. If Seller fails to vacate at the end of the Occupancy Period, Seller will be liable for holdover damages in the amount of $233.33 per day, in addition to any other remedies available to Purchaser at law or in equity. Notable terms of the Purchase and Sale Agreement (“Agreement”) include: • Purchase Price: $4,500,000 or the average value determined by two appraisers, if lower. However, Seller may rescind the Agreement if the Board does not approve a purchase price of $4,500,000. • Inspection: If Phase I Environmental Assessment requires Phase II Environmental Assessment, the Seller is required to pay for Phase II, but if the price exceeds $5,000, then they may rescind the agreement without penalty. • Closing: 180 days from the date of the Agreement, or within 30 days of the County’s receipt of all reasonably required closing documents, whichever is later. Page 1129 of 6529 10/14/2025 Item # 11.B ID# 2025-3480 • 3rd party Inspection Period: 90 days from the date of the Agreement. This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. FISCAL IMPACT: The total cost of the acquisition should not exceed $4,525,000 ($4,500,000 for the purchase price; $25,000 for a title commitment, title policy, closing costs and recording of the documents). The source of funding is Wastewater User Fee Capital Fund (4014). A budget amendment is required to allocate $4,525,000 from the SCWRF Electrical #1 Upgrade, Project No. 70288 to the Wastewater Collections Building, Project No. 70296 within the Wastewater User Fee Capital Fund (4014). GROWTH MANAGEMENT IMPACT: The item is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. – SAA RECOMMENDATIONS: 1. Approve the attached Agreement for Sale and Purchase. 2. Authorize the Chairman to execute the Agreement and any additional closing documents. 3. Authorize staff to prepare related vouchers and warrants for payment. 4. Authorize necessary budget amendments. 5. Direct the County Manager or their designee to proceed to acquire the Property and to follow all appropriate closing procedures, to acquire and obtain clear title to the Property, and to record any and all necessary documents (once approved by the County Attorney’s Office) in the Public Records of Collier County, Florida. PREPARED BY: Grant Cox, Property Acquisition Specialist II ATTACHMENTS: 1. 3910 Domestic Avenue Location Map 2. Seller Signed P.A._RA Signed 3. Carlson Norris' Appraisal 4. RKL's Appraisal 5. BA - CIP 4014 - 70296 - WW Collections bldg Page 1130 of 6529Page 1131 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX ID NUMBER. 00282090906 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT FOR SALE AND PURCHASE (hereinafter referred to as this "Agreement") is made and entered into by and between AMBROSI 3 LLC, a Florida limited liability company whose address is 3910 Domestic Avenue, Naples, FL 34104 (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, whose address is 2685 Horseshoe Drive South, Suite 103, Naples, FL 34104 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 ln consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A" attached hereto and made a part of this Agreement. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Four Million, Five Hundred Thousand Dollars and 00/100 dollars ($4,500,000.00), (U.S. Currency) or the average of two appraisals engaged by the Purchaser, whichever is lower, payable at time of Closing; lf the average of the appraisals is less than Four Million Five Hundred Thousand and 00/100 Dollars ($4,500,000.00), the Board of County Commissioners may, by supermajority vote, approve payment of the higher Purchase Price. Notwithstanding anything in this Agreement to the Public Utilities Division 612025 Page 1 of 17 cP'o Page 1132 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX ]D NUM BER : 00282090906 contrary, if such supermajority approval is not obtained or if for any reason the Purchase Price to be paid to Seller to Purchaser at Closing is less than Four Million, Five Hundred Thousand Dollars and 00/100 dollars ($4,500,000.00), then Seller in its sole discretion shall have the right to rescind this Agreement upon written notice without cost or penalty. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before one hundred and eighty (180) days following execution of this Agreement by the Purchaser, or within thirty (30) days of Purchaser's receipt of all reasonably required closing documents, whichever is later; provided, however, notwithstanding anything herein to the contrary, if for any reason Closing does not occur on or before December 31,2025, and the failure to Close is not caused by any act or omission of the Seller, then Seller in its sole discretion shall have the right to rescind this Agreement upon written notice without cost or penalty. The Closing shall be held at the office of the insuring title company or by mail or by electronic signatures. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and, if legally required, acknowledged and in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Propefi, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments (b) Such other easements, restrictiohs, or conditions of record. 3.0 112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap Tax Proration, Owner's Non-Foreign Affidavit", as required by Section 1445 of the lnternal Revenue Code and as required by the title insurance undenrvriter to insure the "gap" and issue the policy contemplated by the Title Commitment. 3.0114 A W-9 Form, "Request for Taxpayer ldentification and Certification" as required by the lnternal Revenue Service. Public Utilities Division 612025 Page 2 of 17 cho Page 1133 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX lD NUMBER: 00282090906 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the items specified herein and the following documents and instruments duly executed : 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the Title Commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the Title Commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article lll hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.0 123 Combined Purchaser-Seller closing statement. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and electronic fee of recording any instruments necessary to clear Seller's title to the Property (including a Multiple Lien Search, Electronic Service Fees for documents being recorded, and a Corporate Affidavit). The cost of the Owne/s Form B Title Policy, issued pursuant to the Title Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the Title Commitment along with the closing fee and any other charges for title services shall also be paid by Purchaser. lf (i) required by a Phase I report issued by a licensed environmental professional received prior to Closing at Purchaser's sole expense and (ii) desired by Purchaser, then Seller shall pay for a Phase ll Environmental Assessment selected by Purchaser; provided, however, if for any reason the cost of such Phase ll Environmental Assessment exceeds Five Thousand Dollars and 00/100 dollars ($5,OOO.OO), then Seller in its sole discretion shall have the right to rescind this Agreement upon written notice without cost or penalty. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. lf Closing occurs at a date which the current yeads millage is not fixed, taxes will be prorated based upon such prior yea/s millage. Public Utilities Division 612025 Page 3 of 17 CAO Page 1134 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX lD NUM BER : 00282090906 IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the effective date hereof, Purchaser shall request as evidence of title an ALTA Commitment for an Owner's Title lnsurance Policy (ALTA Form B-1970) covering the Property (the "Title Commitment"), together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the Title Commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at Closing. lf the Title Commitment contains uncurable exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement no later than ninety (90) days after the effective date of this Agreement as Purchaser's sole remedy. 4.012 lf Purchaser shall fail to advise the Seller in writing of any such objections or uncurable exceptions in Selleds title in the manner herein required by this Agreement, the title shall be deemed fully acceptable to Purchaser and Purchaser shall waive all rights to raise any further objections or uncurable exceptions in Selle/s title. Upon notification of Purchase/s objection to title, Seller shall have thirty (30) days to cure or othenuise remedy any defects to convey good and marketable title at Seller's expense, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. ln the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement as Purchaser's sole remedy. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the Title Commitment and the contingencies in Sections 4.011 and 4.012 shall be deemed waived. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within ten (10) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any Public Utilities Division 612025 Page 4 of 17 cAo Page 1135 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX lD NUMBER: 00282090906 change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5o/o of the overall acreage. lf the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement as Purchaser's sole remedy. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access and the contingencies in this Section 4.013 shall be deemed waived. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the effective date of this Agreement, ("lnspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environ- mental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose by the Collier Cou nty Water-Sewer D istrict. 5.02 lf Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the lnspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. lf Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the lnspection Period, it shall be deemed that the Purchaser is satisfied with the results of its Public Utilities Division 612025 Page 5 of 17 CAO Page 1136 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX ID NUMBER. 00282090906 investigations and the contingencies of this Article V shall be deemed waived. ln the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property during normal business hours for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. Purchaser shall be solely responsible for any and all damage to the Property or improvements thereon caused by or resulting from any inspections, analyses, borings or other investigations conducted by Purchaser or any of its agents, employees and servants, Purchaser agrees to repair such damage and restore the Property and improvements thereon to their pre-existing condition. Purchaser's repair and restoration obligations hereunder shall survive termination of this Agreement. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time during normal business hours prior to the Closing upon no less than twenty-four (24) hours prior notice to Seller. VII. POSSESSION 7.O1 Purchaser shall be entitled to full possession of the Property at Closing, subject to the following temporary occupancy rights granted to Seller. Purchaser shall allow the Seller to occupy and use (i) all of the shop (i.e., retail space) portion of the Property, including all of the upstairs area above the shop (i.e. the portion of the Property closest to Domestic Avenue), (ii) all of the bay adjacent to the shop and closest to Domestic Avenue (i.e., the first of five warehouse spaces) and (iii) the five (5) parking spaces in the parking area closest to and abutting the front doors to the shop (collectively, the "Occupied Area") for a period of up to sixty (60) days following the date of Closing ("Occupancy Period"). Seller shall not be required to pay rent or any other amounts to Purchaser for such post-Closing Occupancy Period; however, Seller shall be solely responsible for all utility charges associated with the use of the Occupied Area during such Occupancy Period, as well as the cost of installation, maintenance, and service of any separate meters required to measure such use, if any. All other portions of the Property shall be delivered vacant and free of any personal property or occupants at Closing. Upon expiration of the Occupancy Public Utilities Division 612025 Page 6 of 17 CAO Page 1137 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX ID NUMBER. 00282O90906 Period, Seller shall deliver the Occupied Area to Purchaser free and clear of all personal property and occupants, in broom clean condition, and othenrvise in the same condition as it existed as of the date of Closing. lf Seller fails to vacate at the end of the Occupancy Period, Seller shall be liable for holdover damages in the amount of $233.33 per day, in addition to any other remedies available to Purchaser at law or in equity. Seller shall maintain commercially reasonable liability and personal property insurance naming Purchaser as an additional insured during the Occupancy Period. Seller shall release, indemnify and hold harmless Purchaser, as well as their employees, agents and representatives, from any and all claims, demands, causes of action or damages of any kind or nature brought by the undersigned or others, including reasonable attorneys' fees, arising out of or in any way associated with Seller's post-Closing temporary occupancy of the Occupied Area, including without limitation any personal injury or property damage arising from such occupancy. This indemnification shall survive the Closing and remain in full force and effect until the expiration of the Occupancy Period and the resolution of any claims arising therefrom. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable after closing on the Property shall be prorated as of the Closing Date (with Seller charged for the period prior to the Closing Date and Purchaser charged for the period on and after the Closing Date) based upon the gross amount of current year taxes. IX. TERMINATION AND REMEDIES 9.01 lf Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of and opportunity to cure such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller; provided, however, if the cure of such failure reasonably requires more than ten (10) days, then Seller shall have an additional (and final) thirty (30) day period commencing immediately upon the expiration of the initial ten (10) day period so long as Seller is continuously and diligently taking action to complete the cure of such failure as soon as reasonably practicalwithin such additional (and final) thirty (30) day period. lf Seller fails to cure such failure within the extended cure period, Purchaser may terminate this Agreement by written notice to Seller. Termination in accordance with this section shall be Purchaser's sole and exclusive remedy for any such failure by Seller. 9.02 lf Purchaser shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Purchaser, within ten Public Utilities Division 612025 Page 7 of 17 c4r, Page 1138 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX lD NUMBER : 00282090906 (10) days of written notification of and opportunity to cure such failure, Seller may, at its option, terminate this Agreement by giving written notice of termination to Purchaser; provided, however, if the cure of such failure reasonably requires more than ten (10) days, then Purchaser shall have an additional (and final) thirty (30) day period commencing immediately upon the expiration of the initial ten (10) day period so long as Purchaser is continuously and diligently taking action to complete the cure of such failure as soon as reasonably practical within such additional (and final) thirty (30) day period. lf Purchaser fails to cure such failure within the extended cure period, Seller may terminate this Agreement by written notice to Purchaser. Termination in accordance with this section shall be Seller's sole and exclusive remedy for any such failure by Purchaser. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X SELLER'S AND PURCHASER'S REP RESENTATIONS AN D WARRANTI ES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. To the best of Seller's knowledge, Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. Seller further represents the Property is free from any and all occupants, tenants, and other persons or entities claiming possession of the Proper$ at the time of Closing. This provision shall survive Closing. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the effective date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. Public Utilities Division 612025 Page 8 of 17 Qqo Page 1139 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX ID NUIVBER. 00282090906 1O.O14 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Selle/s ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that they have (it has) no knowledge that there is or ever has been incinerators, septic tanks, or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents that to their knowledge the Property has not been used for the production, handling, storage, transportation, manufacture, or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and, to the best of Seller's knowledge, there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents that they have (it has) no knowledge that there is or ever has been any storage tanks for gasoline, or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents that they have (it has) no knowledge that any part of the Property has ever been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Selle/s operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, Public Utilities Division 612025 Page 9 of 17 Qqo Page 1140 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX ID NUMBER: 00282090906 construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 Seller has no knowledge of unrecorded leases, licenses or other possessory interests, restrictions, easements, or rights of way (other than easements, restrictions or conditions of record, and existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service, or other contracts affecting the Property which have not been disclosed to Purchaser in writing prior to Closing. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Selle/s ability to perform hereunder; nor does Seller have knowledge of any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the Closing. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Selle/s representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property, and not to do any act or omit to perform any act, which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 Upon Purchaser's request at the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shallsurvive the Closing. Public Utilities Division 612025 Page 10 of 17 a16 Page 1141 of 6529Docusign Envelope ID: 91AECEE8-30B3-4E69-8A22-A996FDE2679A Collier County Water-Sewer District TAX lD NUMBER: 00282090906 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment to the extent arising from the condition of the Property prior to the Closing Date, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/ordamage to the Property between the effective date of this Agreement and the date of Closing shall be Selle/s sole risk and expense. XI. NOTICES 11.O1 Any notice, request, demand, instruction, or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, and with notification to the other Paff sent via email containing the tracking number and/or fax number (if applicable) of such notice addressed as follows: lf to Pu rchaser: Joseph Bellone Division Director Public Utilities Division 3339 Tamiami Trail E. Suite 301 Naples, Florida 341 12 Email: Joseph.Bello Iiercou ntvfl.oov With a copy to Attn: Grant Cox Collier County Real Property Management 2685 Horseshoe Dr. S., Suite 103 Naples, Florida 34104 Telephone n umber: 239-252-5373 Fax number: 239-252-8876 Ema il : G ra nt. Cox@co lliercou ntyfl.q ov Public Utilities Division 612025 Page 11 of 17 Q