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HEX Agenda 08/28/2014 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA AUGUST 28, 2014 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON AUGUST 28, 2014, IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA. INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL.THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES— 4. ADVERTISED PUBLIC HEARINGS: A. PETITION DRD-PL20140000619 — Petitioner, Pelican Bay Cooperative Housing Corporation, requests approval of a site plan with deviations pursuant to LDC Section 10.02.03.F and seeks relief from Section 7.04.03.A. of the Pelican Bay PUD, Ordinance No. 77-18, as amended, which requires a 68-foot principal structure setback from the property line, to instead allow a 50-foot setback to accommodate an extension of the second floor and addition of a canopy over the existing south building entrance for the proposed Glenview at Pelican Bay health care center redevelopment project, consisting of 7.66± acres of land, located in Parcel D, Pelican Bay Unit 1 subdivision, west of U.S. 41 and north of Seagate Drive, in Section 9, Township 49 South, Range 25 East, Collier County, Florida. [Mike Sawyer, Project Manager] 3. OTHER BUSINESS 4. ADJOURN AGENDA ITEM 4-A • . Co Ter County _ -rt STAFF REPORT COLLIER COUNTY HEARING EXAMINER FROM: DEPARTMENT OF PLANNING AND ZONING HEARING DATE: AUGUST 28, 2014 SUBJECT: GLENVIEW AT PELICAN BAY, SITE PLAN WITH DEVIATIONS, DRD-PL20140000619 PROPERTY OWNER/AGENT: Applicant: Agent: Pelican Bay Cooperative Housing Corporation, George H. Hermanson, P.E., d/b/a The Glenview at Pelican Bay Senior Vice President • 100 Glenview Place Hole Montes, Inc. Naples, Fl 34108 950 Encore Way Naples, Fl 34110 REQUESTED ACTION: The Glenview at Pelican Bay is a continuing care retirement development that intends to add additional nursing care units and expand an existing physical therapy facility. The existing facility was originally approved with Site Development Plan (SDP) 89-29 that incorporated a single building composed of a multi-story tower generally located along the northern portion of the development and an attached lower two story portion generally to the east and south. The requested deviation is needed to accommodate the proposed building expansions to reduce the required building setback from the Pelican Bay PUD required 65-foot building setback from development parcel lines to a proposed 50-foot building setback from development parcel lines. GEOGRAPHIC LOCATION: The subject property is located in the Pelican Bay PUD, Ordinance Number 77-18 as amended, approximately 380+/- feet west of the intersection of Pelican Bay Boulevard and Glenview Place, in Section 9, Township 49 South, Range 25 East, Collier County, Florida. (See location map on following page.) DRD-PL20140000619-Glenview at Pelican Bay Page 1 of 7 August 1,2014, (Revised:August 5,2014,August 14,2014) • _ . • ... . II ' . it . ...,.. ii,,, , IIIM ..... , Iii, do, . 11,,,. . : ., 4 :161.11 I.W Glenview of Pelican Bay .4:-.1". \ iliC11111° ' .� � ` ti Multi-stor■ tumrr `> `:;1'+ ' -.....Air „ Proposed building additions \ _ w FI + _ `\ , ,,,if . .;.-01- ,.. _ II , ..., 04 ,... I ' Qi • 0-39ft Aerial Photo(not to scale) SURROUNDING LAND USE & ZONING: SUBJECT PARCELS: A continuing care retirement development with a zoning designation of PUD(Planned Unit Development) known as Pelican Bay. SURROUNDING: North: Glenview Place ROW,then a Multi-family Residential development with a zoning designation of PUD known as Pelican Bay. East: A Multi-family Residential Development with a zoning designation of PUD known as Pelican Bay. . South: A Multi-family Residential Development with a zoning designation of PUD known as Pelican Bay. West: Conservation Area with a zoning designation of PUD known as Pelican Bay. DRD-PL20140000619-Glenview at Pelican Bay Page 2 of 7 August 1,2014, (Revised:August 5,2014,August 14,2014) 1 NOV 1 u'- �► a vec �s i ea a Fr x m y� 'ae 76pee r� v`V i A. eici• a ' z OQII d�a;��G��Qi'Z Od W o A> :o a. p ti trio a , it 01 9/ % li a segitt* - �P 01 41' ' mac' 'f,." ' G Q ,..... ...' co.* 00. -- y, i*::..-,.!,,, ,.'. 1 4:::::..;„::),A, i , Ai i. ,_3 i i 01111 o :: z __........, y , 1....,„, z i -_ ,•4 ......- -.„. ..." 0 __, I ? NI ,s 1 sC., , ill!" 3 17 a 9 G. d ?I i a a_ • 3701 Di IOW 3 3 o UJ ,i,r41 h 4 , .. . ilia , 10:7)--o Ki, : .4 "`�� , ' ,W In -1124 ~ 30 , ,. /1- 1 . , ,.. . i 3 - -r� II , i giv5A141174-11. 0 1 xd« �3 _�� . ...a III ll .I.1 1111,01111111111 1.00100011111 —, a ! U■ PI o p i CC d 0 Cult OF uarnro J 0 411 APPLICANT'S JUSTIFICATION FOR REQUESTED DEVIATION: The petitioner is seeking one deviation from the requirements of the Pelican Bay PUD. The deviation is listed below with staff analysis and recommendations. Deviation 1 seeks relief from Pelican Bay PUD Section 7.04.03.A, "Group 4 Housing", which requires a minimum yard setback of 50 feet or Y2 the height of the structure, whichever is greater from all tract or development parcel lines. The tower portion of the development is approximately 130 feet tall, so the required yard setback is 65 feet which is %2 of the (tower) building height. Petitioner's Rationale: The petitioner provided the following justification in the application narrative for this deviation: The basis for this requested is that the Glenview building's characteristic are so different between the low-rise portion and the tower (which is distant from the area of the proposed improvements) , that it would be logical to assign the lower 50 foot setback criteria to the low-rise building since the tower already meets it's required higher setback. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved due to the location of the proposed improvements which should have limited impact to • the surrounding developments. As noted above the proposed building expansion is located behind and to the rear of the existing tower portion of the development. This expansion portion of the site is at a slightly lower elevation than the more public northern tower side and is adjacent to the rear yards of other multi-story residential developments which have established perimeter landscape buffer plantings. The tower portion of the building accounts for the greater setback required for the proposed building expansion which, if not attached to the tower, would be allowed to utilize the reduced 50-foot minimum standard proposed by this deviation. It is staff's opinion that the requested setback will meet the purpose and intent of the PUD requirement in that the proposed expansions are located well away from the tower and public portion of the development; additionally there are established well maintained landscape buffers between the proposed expansion and adjacent residential development. The applicant is proposing additional landscape plantings within the existing landscape buffers adjacent to the building expansion to further increase screening as compensation/enhancement for the requested setback reduction thereby further reducing impacts to the adjacent multi-family developments to the south. For these reasons it is staff opinion that the requested reduced setback is reasonable. ANALYSIS: Staff has reviewed the requested against the established criteria and provide the below analysis. 1. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. • DRD-PL20140000619-Glenview at Pelican Bay Page 4 of 7 August 1,2014,(Revised:August 5,2014,August 14,2014) Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. The proposed deviations will not change the permitted land uses and densities within the development. 2. The proposed development is consistent with the Growth Management Plan. Staff is of the opinion that the project as proposed will remain consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development, Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 3. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. As noted above the proposed deviation will not change the permitted land uses and densities within the development. Additionally staff notes that the proposed additional landscape buffer plantings adjacent to the other residential developments will serve as a benefit to those residents reducing potential visual impacts from the proposed Glenview building expansion. • 4. The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose The proposed deviations will not change the current land area within the development. The reduced setback proposed is comparable to a similar building expansion if the attached tower portion of the Glenview development did not require the additional setback amount noted above. 5. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Staff is of the opinion that the proposed deviation meets the purpose and intent of the LDC and PUD regulations as noted above for the proposed expansion. The additional landscaping proposed will in staffs opinion be appropriate to reduce visual impacts to adjacent residential developments. 6. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. • DRD-PL20140000619-Glenview at Pelican Bay Page 5 of 7 August 1,2014, (Revised:August 5,2014,August 14, 2014) • Staff has reviewed the information provided by the applicant and is of the opinion that the resulting visual character of the project will be equal to or better than the minimum standards of the LDC and PUD. 7. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. At time of the Site Development Plan Amendment and Building Permit processing the proposed development improvements are subject to applicable maintenance requirements as well as standard confirmation and authorization of common ownership(s). 8. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Staff finds that the petitioner's deviations are clearly delineated and represent the minimum required to achieve the goals of the project as outlined and stated by the agents in the application. 9. The petitioner has provided enhancements to the development. As noted above the applicant is proposing to provide additional landscape buffer • plantings/enhancements adjacent to the multi-family developments to the south of the proposed building expansions. These additional landscape plantings should serve as a benefit to those residents along this common perimeter. 10. Approval of the deviation(s)will not have an adverse effect on adjacent properties. Staff has described the existing land use pattern in the "surrounding Land Use and Zoning" portion of this report. Further, based on the information provided in the application the proposed deviation should not adversely affect adjacent properties. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the Glenview at Pelican Bay, Site Plan with Deviations,DR-PL-2010000619, Petition, subject to the following condition. Condition 1: Approval of this petition shall be subject to the completion of the Site Development Plan Amendment (SDPA) currently under review and all associated Building Permits as applicable. Attachments: A. Application. B. Minutes of Pelican Bay Cooperative Housing Corporation Special • Membership Meeting of February 11, 2014. DRD-PL20140000619-Glenview at Pelican Bay Page 6 of 7 August 1,2014, (Revised:August 5,2014,August 14,2014) • PREPARED BY: oil MA I A',I. SAWYER. ''OJECT MANAGER DATE DEPARTMENT OF PI. NNING& ZONING REVIEWED BY: RAY BLOWS. MANAGER DATE DEPARTMENT OF PLANNING&ZONING MIKE BOSI,AICP,DIRECTOR DATE DEPARTMENT OF PLANNING&ZONING I DRD-PL20140000619-Glenview at Pelican Bay Page 7 of 7 August 1,2014, (Revised:August 5,2014) Exhibit A Cor County . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SITE PLAN WITH DEVIATIONS FOR REDEVELOPMENT LDC Section 10.02.03 F Ch. 6 I of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED IAPPLICANT INFORMATION I NAME OF APPLICANT: Pelican Bay Cooperative Housing Corp d/bla The Glenview at Pelican Bay ADDRESS: 100 Glenview Place cry Naples STATE FL no 34108 TELEPHONE# 239-591-0011 CELL# NSA FAX# 239-591-4781 E-MAIL ADDRESS: rlong @GlenviewNaples.com NAME OF AGENT: George H. Hermanson, P.E., Senior Vice President FIRM: Hole Montes, Inc. ADDRESS: 950 Encore Way CITY Naples STATE FL zip 34110 TELEPHONE# 239-254-2000 CELL# N/A FAX# 239-254-2099 E-MAIL ADDRESS: georgehermanson @hmeng.com CORRESPONDING SDP,SDPA,SIP INFORMATION I This application shall be submitted in conjunction with one of the following: site development plan, site development plan amendment,or site improvement plan. PROJECT NAME/PL#IF KNOWN: The Glenview at Pelican Bay PLANNER/PROJECT MANAGER, IF KNOWN: Michael Sawyer DATE OF SUBMITTAL OF SDP/SDPA/SIP: May 1, 2014 ip 2/28/2014 Page 1 of 4 coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 I INFORMATION.REGARDING DEVIATION REQUESTS I A site plan with deviations for redevelopment provides a means for a redevelopment project to seek dimensional deviations (excluding height), architectural deviations, and deviations from site features, such as but not limited to, landscaping, parking, and buffers, from the standards established in the LDC when the passing of time has rendered certain existing buildings,structures,or site features nonconforming. A site plan with deviations may be requested for the redevelopment of a site which meets the criteria for a site development plan,site development plan amendment or a site improvement plan as established in LDC section 10.02.03. Except for the requested deviations,the site plan shall comply with LDC section 10.02.03. In accordance with LDC section 10.02.03 F, "redevelopment" shall mean the renovation, restoration, or remodeling of a building or structure, or required infrastructure, in whole or in part, where the existing buildings,structures or infrastructure were legally built and installed. DEVIATION REQUESTS The application must address the follow requirements.Please attach the required narratives and explanations. 1. A narrative of the redevelopment project and how it is consistent with the standards for approval, LDC section 10.02.03 F.7. 2. Description of each requested deviation and justification for each request. Requested deviations shall be clearly delineated in the petition. The LDC section for which the deviation seeks relief from shall be identified. 3. Project enhancements to offset or minimize the deviations shall be clearly identified on the site plan and explanation provided. 4. Deviation Request types: Zoning Deviation Requests-Check all that may be impacted by the request. ii Dimensional standards(excluding height):Setback for proposed second floor extension and canopy ❑ Parking ❑ Architectural ❑ Landscape/Buffers ❑ Other site features: Engineering Deviation Requests-Check all that may be impacted by the request. ❑ Stormwater ❑ Pathways ❑Transportation Planning ❑Other site features: S 2/28/2014 Page 2 of 4 _ _direr co .nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 :SUBMITTAL REQUIREMENTS CHECKLIST REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Site Development Plan with Deviations for El Redevelopment Application _ Completed SDP/SDPA/SIP application ❑ ❑ Copy for the Pre-Application Notes,if not submitted with ❑ SDP/SDPA/SIP Affidavit of Authorization signed and notarized 2 ❑ _._ ❑ _ Electronic Copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all 0 © 0 materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARNG PROCESS: • At 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. FEE REQUIREMENTS IN Site Plan for Redevelopment:$1,000.00 IA Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 2/28/2014 Page 3 of 4 a Co . er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PETITION PL-2014-0000619 1, RANDAL D.LONG (print name),as EXECUTIVE DIRECTOR _(title,if applicable)of PWCAN BAY COOPERATIVE HOUSING CORP.QIBfA T11E GLENVIEW AT PELICAN BAY (company,If applicable),swear or affirm under oath,that I am the (choose one)owner 1,71 applicant! !contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. i have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided unencumbered by the conditions and restrictions imposed by the approved action. 5. We/I authorize GEORGE H.HERMANSON,P.E.,SR VP OF HOLE MONIES,INC. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • lithe applicant is a corporation,then it is usually executed by the carp.Ares.or v.pies. • if the applicant is a Limited Liability Company(L.L.C.)or Limited Company(L.C.),then the documents should typically be signed by the Company's`Managing Member." • lithe applicant is a partnership,then typically a partner can sign on behalf of the partnership. • lithe applicant is a limited partnership, then the general partner must sign and be identified as the general partner"of the named partnership. • lithe applicant is a trust,then they must include the trustee's name and the words"as trustee". • in each instance,first determine the applicant's status,e.g.,individual,corporate,trust,partnership,estate,etc.,and then use the appropriate format for that ownership. Under penalties of perjury,I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. lar22)-4;,-- -- 4 - 6.=://z/ Signature RA.*T.OAL D. LONG, EXE'CUT 1V- ERECTOR Date PELICAN BAY COOPERATIVE °USING CORPORATION d/b/a THE GLENVIEW AT PELICAN BAY STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed)and subscribed before me on (Pill I`} (date)by (name of person providing oath or affirmation), as RANDALD.LONG _ 1•111 is personally known to me or who has produced (type of identification)as identification. W n . e STAMP/SEAL 'onature of Notary Public CPSO*.COA-00115\155 4:7��,q., 1-1 LiU A CRUZ RUZ a. ! MY COMM SION tiFF123 123130 i=X ?II3E May I 1.2018 2/28/2014 l (.0 .1 {∎iaLIN!.luy.x:c+tirCUPI Page 4 of 4 1 0I 1 95525 19U0 JUL -8 Pli I: 37 001363 00 198 4 1111/ COLLIER COUNTY RECORDED OR BOOK PAGE '��c Ja3_°,n `,j'I� A� WARRANTY DEED INT..... .- THIS INDENTURE, made this 15th day of June, A.D. 1988 be- rm eon SIGNATURE COMMUNITIES, INC., a corporation existing under 3 413 g e laws of the State of Florida, having its principal place of business in the County of Collier and State of Florida and law- fully authorized to do business in the State of Florida, Grantor, and PELICAN BAY COOPERATIVE HOUSING CORPORATION, a corporation existing under the laws of the State of Florida, having its prin- cipal place of business in the County of Collier and State of Florida*"and lawfully authorized to do business in the State of Florida, Grantee, WITNESSETH: That the said Grantor, for and in consideration of the sum of THREE MILLION FOUR HUNDRED THIRTY-EIGHT THOUSAND DOLLARS ($3,438,000.00) to it paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, its successors and assigns forever, the fol- lowing described land situate, lying and being in the County of Collier and the State of Florida, to-wit: A part of Parcel "D", PELICAN BAY UNIT ONE, according to the plat thereof as recorded in Plat Book 12, Pages 47 through 52, inclusive, of the Public Records of Collier County, Florida, as more particulr.rly described in Ex- hibit "A" attach c= subject to the follow t}V 1. Real estate h es far l9 an s bsequent years III which are Po d�e amid yabl? at '�h date hereof. 2. Assessmen.s .f P- i s T, r e• e t District for the year 1.9' . a . ub v4 ent ea;4ss which are not due and p. ,.. .t ITCS h6� ti !,. "4„ I 3. Assessment Pelican Bayu it n, Inc. for the year 1988 �ar4 -subsequent yea (wHich are not due and payable a i date herea5 4. That certain DE� .AM`iD0 GENERAL PROTECTIVE COVENANTS, recorded in Official Records Book 825, Pages 1755 through 1788, inclusive, of the Public (.1 REcords of Collier County, Florida, as amended. rn m 5. That certain DECLARATION OF RESTRICTIONS AND ce • PROTECTIVE COVENANTS FOR A PORTION OF PARCEL "D", .=i2 PELICAN BAY UNIT ONE, recorded in Official Records a`�, � Book 1329, Pages 598 through 603, inclusive, of the -o o-, o, Public Records of Collier County, Florida, as o ro.^, amended. 4-a. s. 3-.. 0. s'D- o`" 6. That certain Mortgage Deed from said Grantor in ,c, favor of Westinghouse Communities of Naples, Inc., N N.o securing an indebtedness in the original principal ';a,cn amount of $1,846,000.00, dated February 17, 1988, recorded February 19, 1988, in Official Records Book 1329, Page 606, of the Public Records of Col- lier County, Florida. p t� nerzived g_ 1 D j -t(�b V 9' V _Documentary Stamp Tax I:ecerr'a$ C' ;;"C"Intangible __ ,i \ n _i-rsonal Property Tax COLLIER Cr i•J I I CLERK OF COURTS • BY .:.1..... -. L� D.C. 0 iis r, . t7r,t-e1/41TcE.5 76*--,- CrFtcc ,Ei-,PMES`_i S I N Li{ t e. . C-I41 _ Dg, A)rF L s`PL 3�C/‘„,7 I I 001363 0 0 I 9 0 5 OR BOOK PAGE AND said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed in its name by its proper officers, its corporate seal to be affixed, and to be attested by its Secretary, the day and year first above written. ,.t- i \ P. SIGNATURE COMMUNITIES, INC. IWO . , By: —'1 ., ,. .. Lam._ Gera d F. G�, II, . - - I President ,,.... At est: •.... I1 I._ / ' (CORPORATE SEALk+ l'� Pamela S. Andrascik, ;%, •• Secretary - J...n• ,J STATE OF FLORIDA COUNTY OF COLLIER `ILR C'QLi I HEREBY CERTIFY, ida on this 1 ,y of June, A.D. 1988, before me personally Op' ared GERALD F.".GRr FIN, II, and PAMELA S. ANDRASCIK, Presi n and ecretar-. re ple Lively of SIGNATURE COMMUNITIES, INC., rpbratii9n ex1 tang \un er the laws of the State of Florida, to e-k •w rs ns who signed the foregoing instrumen ru+• o f}' s� n sev rally acknowledged the execution there .f, • h , ee} a t tipd deed as such of- ficers for the uses 'All •rp•-e., re ,\ mq,..t°oned and that they . affixed thereto the pf icial seal o a d e poration, and that the said instrument . he act and d s� d corporation. WITNESS my hand alid" •fficial set ' `/Naples, in the County of Collier, Florida, the\\' ay }si t`aforesaid. .r' : Ngkary"Puhlic (SEAL) Hy Canniaaion expire. L..1 ROTARY PUBLIC STATE OT TLORIOI NY COMNISSIOR EXP.OCT 31,1480 I V� BONDED TORO GENERAL INS.ONO. . ,,. ,, ,- z. . J This Instrument prepared by. J. Stephen Crawford, Egg.9200 Bonita Beach Rood Bonita Springs, FL 3)923 Varrdeed.lm aa^ ._ •.:+.:. . . ..i,�. C4?{�:+;d��- v�:,._P .w rFr iF hY�!k'X»P.rA, Vr < t .. . 4 . . • . ; • EXHIBIT A 0 PART OF PARCEL D, PELICAN BAY UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 47 THROUGH 52, COLLIER COUNTY rUBLIC RECORDS, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL D, SAID CORNER BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL D AND THE WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD ON THE FOLLOWING FIVE COURSES; 1) SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE o CD WESTERLY AND HAVING A RADIUS OF 1,140.00 FEET AND A CENTRAL 7.0 o ANGLE OF 6° 41' 24' A DISTANCE OF 133.11 FEET; - 2) SOUTH 14°-55' 15" WEST 315.00 FEET TO THE BEGINNING q co OF A CIRCULAR CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF CD CD 1,2.60-00 FEET; c" 3) SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 27° 30' 0r AN ARC DISTANCE OF 604.76 FEET; 4) SOUTH 12° 34' 45' EAST 453.14 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1,260.00 FEET; 5) SOUTHERLY ALONG THE ARC Or SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 23° 15' 00' AN ARC DISTANCE OF 511.29 FEET; CD THENCE SOUTH 35° 49' 45' EAST ALONG THE NORTHEASTERLY LINE OF SAID c PARCEL D AND THE SOUTHWESTERLY RIGHT'OF-WAY LINE OF PELICAN BAY } — BOULEVARD, A DISTANCE OF 319.25 FEET TO A POINT OF CUSP; SAID CD C. POINT BEING THE BEGINNING OF A CIRCULAR CURVE, CONCAVE SOUTHERLY "I CO AND HAVING A RADIUS OF 50.00 r T�' NORTHWESTERLY, WESTERLY °7 FJL.- AND SOUTHWESTERLY ALONG THE�ICI b A{ CULAR CURVE, THROUGH A CENTRAL ANGLE OF 90° 00' p�'�.#R'�AR�D, T W \OF 78-54 FEET; THENCE SOUTH 54° 10' 15' WEST 1090 FEET TO THE D€GI'N ING OF A CIRCULAR CURVE, CONCAVE NORTHWES//1ER, AND_HAVIN[: A R Dirt S OF 699-12 FEET; THENCE SOUTHWESTERLY AI'ID WE Y`ACON6\THE C OF SAID CIRCULAR III CURVE, THROUGH A CENTRAL A E �I ,° D` a ARC DISTANCE OF 207.43 FEET; THENCE SCUT 7 114FEET TO A BEGINNING OF A CIRCULAR U VE R O T E ST-RLY AND HAVING A RADIUS OF 40.00 FEET; TIi LIE I_ SO W 1JERLY, AND SOUTHERLY ALONG THE AIZIC" F SAID CIRCUL R C?RV , /THROUGH A CENTRAL ANGLE OF 62° 21', 35' A1;(- VC DISTANCE o 131.5 kF'EET TO THE BEGINNING OF A REVERSE „Of, CONCAVE NO 4 Y AND HAVING A RADIUS OF 57.00 FEET; TIEfic.NSOUTHERLY A S THWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE`�<JJ}F{491I6H A_2G If R� ANGLE OF 33° 32' 44' AN ARC DISTANCE OF 33.37 FEET'�('QA`/- H • 1Hr OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 146° 11' 33' AN ARC DISTANCE OF 145.44 FEET; THENCE LEAVING SAID CURVE NORTH 81° 27' 03' WEST 430-76 FEET; THENCE SOUTH 26° 28' 12' EAST 100•20 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 76.00 FEET; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 24° 39' 23' AN ARC DISTANCE of 32.71 FEET; THENCE SOUTH 1° 48' 49' EAST 277.11 FEET; THENCE SOUTH 5° 18' 03" WEST 50.80 FEET; THENCE SOUTH 14° 42' 12' WEST 128-93 FEET; TIIENCF SOIITH 80° 06' 09' EAST 430-36 FEET; THENCE SOUTH 53° 53' 32' EAST 150-00 FEET To THE BEGINNING OF A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS SOUTH 53° 53' 32' EAST 485.37 FEET; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE, THROUGH A CENTRAL ANGLE OF 80° 23' 04' AN ARC DISTANCE OF 680.96 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, 411/ EXHIBIT,:A r . . -.. ... - a �,.- r y NARRATIVE FOR SITE DEVIATION REQUEST FOR THE GLENVIEW AT PELICAN BAY REVISED JUNE 11,2014 This narrative accompanies a request approval for a Site Plan Deviation for a proposed building expansion at the Glenview in Pelican Bay. The Glenview is a continuing care retirement community located west of Pelican Bay Boulevard and at the southwest corner of the Glenview Place cul-de-sac. It is located within Pelican Bay Group IV Housing which allows multi-family and high-rise type residential development. The accompanying drawing depicts the location of the Glenview site and the site plan. Glenview was approved by the County in 1992 as SDP-89-29.Note that the building is made up of basically two components. The majority of the building is low-rise, two stories (single story on an elevated deck with on grade parking below). There is also tower located at the northwest corner of the building. The attached ground level photo depicts the south elevation (low-rise) of the building with the tower in the background. It is believed that the Glenview was permitted and constructed in accordance with all applicable standards with Group IV Housing in Pelican Bay and there is no indication of any previous variances or deviations granted in connection with the project. The owner intends to add some building improvements to include (1) addition of seven skilled nursing living units in the southwest corner of the low rise building; (2) extension of the second floor common area and the expansion of their existing Physical Therapy facility over the existing south entrance and lobby; and (3) a canopy projecting from the second floor extension at the south entry. This area will also function as a sheltered drive-up under the second floor extension and canopy. The attached site plan also depicts these building improvements. As explained below, the purpose of the request to allow approval of these building improvements, but note that the proposed canopy and second floor extension require a site deviation approval. The seven skilled nursing units addition does not require special approval and no other deviations are requested. The Pelican Bay PUD Group IV specifies that setbacks from tract boundaries be the greater of 50 feet or one-half the building height. Since the tower is approximately 130 feet tall from the main floor, all of the setbacks for Glenview would have been 65 feet to all tract boundaries. This is consistent with the original site development plans showing the actual building setback of 68 feet at the south building where these improvements are proposed. This is also consistent with County policy which has required setbacks to be based upon the highest portion of the building, regardless of the heights of other building components or characteristics. The site deviation process allows for consideration of smaller setbacks for portions of buildings which are lower in height as long as they are logical or conform to absolute minimums (in this case 50 feet). The deviation requested here is for approval of the second floor extension to provide a minimum of a 50-foot setback from the south tract line. This building element is only a maximum of 21 feet high, measured from the building's main floor. Because the south end of the Page 1 of 3 H:\2013\2013041\WP\Site Plan with Deviations for Redevelopment\Narrative for Site Deviation Request(Revised 6-11-2014).docx building contains an additional floor level that is 10 feet below the building's main level, this building height would, at most, be defined as 31 feet. In either case, the required setback of this building element would be the minimum 50 feet if the tower was not considered. The cantilevered canopy would extend further,but no more than 3 feet into the 50-foot setback which is allowed by the LDC for roof eaves,balconies and canopies. Therefore, this request is for approval of the proposed second floor extension to be subject to a minimum 50-foot setback from the south tract line and for the cantilevered canopy to extend no more than 3 feet into the 50-foot setback. The basis for this requested deviation is that the Glenview building's characteristics are so different between the low-rise portion and the tower (which is distant from the area of proposed improvements), that it would be logical to assign the lower 50-foot setback criteria to the low-rise building since the tower already meets its required higher setback. The site deviation process requires a narrative on how the project is consistent with standards set forth in LDC Section 10.02.03.F.7: A. Land uses and densities within the development shall be consistent with the permitted and approved conditional uses in the zoning district. Response: The proposed deviation will not add density or change land use to this project. The additional seven units proposed are allowed within the density of Group IV Housing in Pelican Bay, and are not part of this application. The requested deviation does not change the land use. B. The proposed development is consistent with the Growth Management Plan. Response: The development is consistent with the GMP since is not inconsistent with any standards or objectives in the Growth Management Plan, only in interpretation of a setback involving a lower portion of the building structure. C. The development shall have a beneficial effect both upon the area in which it is proposed to be established and upon the unincorporated area as a whole. Response: The existing facility currently provides exceptional rehabilitation and physical therapy services to both The Glenview's residents, as well as to the community at large. The community's need for these services continues to grow. The proposed expanded facility will help meet the community's healthcare needs, with potentially less trips of residents seeking these facilities and services off-site. D. The land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. Response: The total land area of the Glenview tract is adequate to provide these additional building improvements with no additional consideration other than the minor setback deviation. Page 2 of 3 H:\2013\2013091\WP\Site Plan with Deviations for Redevelopment\Nairative for Site Deviation Request(Revised 6-11-2014).docx E. Streets, utilities, drainage facilities, recreation areas, sizes and yards, architectural features, vehicular parking and loading facilities, sight distances, landscaping and buffers shall be appropriate for the particular use involved. Response: These facilities are appropriate for the use involved. There will be no affect on any of these facilities, other than minor adjustments in parking area and utility relocations, all of which will still meet applicable County requirements. F. Visual character of the project shall be equal or better in quality than that required by the development standards for the zoning district. The visual character of the project shall be better in quality than the existing project before redevelopment and after it was first permitted. Response: The proposed addition provides the existing skilled nursing/physical therapy building with a contemporary image. It will help transition the building to a more current architectural expression that is consistent with the style that can be seen on some of the more recently developed and prominent buildings the community. G. Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. Response: Areas for common ownership will continue to be maintained by the owner and management staff H. Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. Response: Deviations as requested are clearly shown on the attached drawing as the requested setback for the canopy and second floor extension. The petition has provided enhancements to the development. Response: The expansion will contribute to the development an updated architectural image, as well as give the community greater access to much needed high quality rehabilitative services. The attached landscape plan depicts an enhanced perimeter landscape buffer along the south tract boundary. This is in the area where the deviation is requested and consists of 13 sabal palms and 7 live oaks. J. Approval of the deviation will not have an adverse effect on the adjacent properties. Response: Approval of this deviation will not affect any adjoining properties since the setback will only be for a minor extension of the two-story structure and canopy. There will be no extension of taller portions of the building for which larger setbacks would be appropriate. Page 3 of 3 H:\2013\2013091\WP\Site Plan with Deviations for Redevelopment\Narrative for Site Deviation Request(Revised 6-1 1-2014).docx 7�g56788�0' \6���� 51 ORDINANCE NO.04- 59 Z71Z0t AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91-102. THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR PROVISION, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. TO AMEND THE APPROPRIATE OFFICIAL ZONING ATLAS MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PELICAN BAY PUD FOR THE PURPOSE OF AMENDING THE PUD DOCUMENT TO REALLOCATE 121,000 SQUARE FEET OF APPROVED BUT AS YET UNCONSTRUCTED AND UNCOMMITTED COMMERCIAL USES FROM THE NORTH COMMERCIAL AREA KNOWN AS THE MARKETPLACE y TO THE SOUTH COMMERCIAL AREA KNOWN AS THE o WATERSIDE SHOPS. TO REDUCE THE NUMBER OF D?_ N APPROVED BUT YET UNCONSTRUCTED AND " UNCOMMITTED RESIDENTIAL DWELLING UNITS o rn FROM 8600 TO 7800. A REDUCTION OF 800 r*+ - DWELLING UNITS: AND TO PROVIDE FOR -n° s rn ADDITIONAL TRANSPORTATION COMMITMENTS ALL oc = 0 FOR PROPERTY LOCATED IN THE NORTHWEST 'Dn QUADRANT OF THE INTERSECTION OF U.S. 41 AND a arm p1 SEAGATE DRIVE (C.R. 896) IN SECTIONS 32 AND 33. TOWNSHIP 48 SOUTH. RANGE 25 EAST. AND SECTIONS 4. 5. 8 AND 9. TOWNSHIP 49 SOUTH, RANGE 25 EAST. COWER COUNTY. FLORIDA. CONSISTING OF 2.104 ACRES. MORE OR LESS: PROVIDING FOR A PARTIAL REPEAL OF ORDINANCE NUMBER 77-18. AS AMENDED, THE EXISTING PELICAN BAY PUD ORDINANCE: AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,C. Laurence Keesey,Esq.,representing the Waterside Shops at Pelican Bay Trust and WCI Communities,Inc.,petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: The zoning classification of the herein described real property Iocated in Sections 32 and 33, Township 48,South,Range 25 East and Sections 4,5,8 and 9,Township 49 South,Range 25 East,Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the additions and deletions to Ordinance Number 77-18,as amended,the Pelican Bay PUD as reflected in Words stijek-thr-ougit are deleted;words underlined are added. Page 1 of 2 SECTION VII GROUP 4 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit"C", Site Plan, and Table 1 as Group 4. 7.02 MAXIMUM DWELLING UNITS A maximum number of 3200 dwelling units may be constructed in all of the Group 4 parcels combined except as permitted by Section 2.10. 7.03 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used,in whole or part,for other than the following: A. Principal Uses: 1) Multi-family residential buildings. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) Those uses permitted in Group 3 when developed in accordance with Section 6.04. 4) Parks,playgrounds,playfields and commonly owned open space. 5) Water management facilities. 6) Existing non-commercial plant nursery. Principal Uses Requiring Site PIan Approval: 1) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses,intended to serve the surrounding residential area. 2) Churches,schools and child care centers. 3) Civic and cultural facilities. 28 AI4) Hotels and motels, except in those areas identified as "no hotels permitted" on Exhibit "L", maximum of 1336 units. Each hotel or motel unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. 5) Private clubs intended to serve the residents of PELICAN BAY. 6) Convalescent homes, rest homes, homes for the aged, adult foster homes,children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. B. Permitted Accessory Uses and Structures: 1) Private boat docks, with or without boat hoists, on waterfront lots, not protruding more than five(5)feet into the water;except if such waterbody has a width of one hundred(100) feet or more,the dock may protrude not more than twenty (20) feet into such waterbody, providing,however,that no boat is used as a residence. 2) Non-commercial boat launching facilities and multiple docking areas. 3) Customary accessory uses and structures, including private garages. 4) Signs as permitted by the Zoning Ordinance of Collier County. 5) Model dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 6) For a one (1) year period beginning with the effective approval date of the August 21, 1990 amendments, tents shall be permitted in conjunction with hotels or motels, providing the following standards shall be met: (a) The tent shall be on the same site as the hotel or motel. (b) Tents permitted under this section shall be used only for meetings, banquets, and similar "event type"social functions. 29 (c) Site plan approval shall be obtained in accordance with Section 10.5 of the Zoning Ordinance. (d) Tents shall be located so that they are not visible from a public street. A landscape screen which has the effect of totally blocking the view of said tent from a public street shall be deemed acceptable. (e) Where a tent is to be erected under this section so that it could be viewed from an adjacent residential area then said view vista shall be in accordance with Section 8.37 b of the Zoning Ordinance and as a function of a Section 10.5 review and approval. (1) No tent erected under this section shall be located closer than 100 feet to any public street and 200 feet to any residentially zoned or used property. (g) No noise transmission from said tent permitted under this section shall exceed the specifications set forth in the Collier County Noise Control Ordinance 90-17, as amended. (h) Any existing tents will be removed at the owner's expense prior to the expiration of the one (1) year period defined in paragraph C(6). (i) The minimum size tent structure that may be erected under this section is 3,000 square feet. (j) Tent structures erected under this section shall pay all applicable impact fees as prescribed by the appropriate County ordinance at the time of an approval of a final Site Development Plan as provided by Subparagraph( c) above. Said impact fees are non-refundable upon the removal of the tent following the one year period of authorization, however if building permits are issued for a permanent building to replace said tent structure within one year following the removal of the tent, a credit against the impact fees and/or system development charges payable for the permanent building, up to the amount of the charges paid for the tent shall be given. S 30 (k) Tent erected from this section shall be clear-span frame structures and not traditional pole tents, designed and engineered for long-term installation. Tents shall be designed for wind loads of 70 mph wind speed, exposure B, UBC 1985. Appropriate specifications and technical information to demonstrate compliance with these standards shall be submitted with the application for site plan review. 7.04 REGULATIONS 7.04.01 MINIMUM LOT AREA: One(1)net acre. 7.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard set back line. 7.04.03 MINIMUM YARDS: A. From tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half(1/2) the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or one-half(1/2) of the height, whichever is greater. B. Distance between structures— 1) Between any principal structures — one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses — one-half (1/2) the sum of their heights but not less than thirty(30) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05. I 31 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Principal structures: Two hundred(200)feet above finished grade of the lot, except in those areas so identified on Exhibit "M", there shall be a maximum height of five (5) stories above one(1)floor of parking. B. Accessory structures shall be limited to a maximum of twenty-five(25) feet above finished grade of lot except for roof top recreation facilities. 7.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty(750) gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. 7.04.06 OFF-STREET PARKING: Those principal use structures which are identified in Section 7.03.A shall contain a minimum of 1.5 parking spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicated infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units,parking shall be provided in accordance with the Zoning Ordinance of Collier County. 7.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 11 32 . . _ . • '';',7 , I ritr. - _ - - ..., 14, il . , . ..,...1 . i.,....,..... . . i . . 04.4. 1. s f. . .0„..... ...... .. , ,,,,, . ih_,., _ i, . . ,9, ,, 11*,,r4' .tl.r.'is,,,,..„,,t,..•-4,c,:i ,;-. 411-fi."1,..-,f i , • 4 .- T.'.. tvt mit/ • .), • ,. ,2::::i.-, ..,,,,,.,.., -;,,,,...f,'..:„,.....,,,...,.1:7,11.,ir r .";iv- 4!; . 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L) 0 - i f iIf - I ‘i, , -.., /.. i, SIGN POSTING INSTRUCTIONS 8 (Section 10.03.00,COLLIER COUNTY LAND DEVELOPMENT CODE(LDC) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs,however these guidelines should not be construed to supercede any requirement of the LDC. For specific sign requirements,please refer to Section 10.03.00 of the LDC. 1. The sign(s) must be erected in full view of the public,not more than five(5)feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s)in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s)is destroyed,lost,or rendered unreadable,the petitioner or the petitioner's agent must replace the sign(s 11 NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE —ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER 0 BEFORE THE UE'SIGNED AUTHORITY,PERSONALLY APPEARED GEORGE H. HERMANSON, P.E., SR VP WHO ON O.TN S S TI '"IiEiSi-li HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER CO . IT AN■ DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER DRD-PL-2 Utili Ors06 ' . � HOLE MONTES, INC. SIGNATURE OF APPLICANT OR AGENT STREET OR P.O.BOX GEORGE H. HERMANSON, P.E. , SR VP 950 ENCORE WAY, NAPLES, FL 34110 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 6TH day of AUGUST , 20014,by GEORGE H. HERMANSONpersonally known to me or who produced _ as identification and who did/did not take an oath. W (kW G ■ ej Signat e of Notary Public Oi:". STEPHANIE KAROL '� Stephanie Karol , :r MY 1 EE t8 iO4 r:.,�'� {= EXPIRES:March 9,2018 Printed Name of Notary Public 8 '?••.;n t Banded Thu Notary wbk u�aawil«s ry My Commission Expires: ` (Stamp with serial number) •1 • • I ti .1 Ilf4 '. -+a 4! , , Ail' 1 10 tt 4 i{� g I.It ' s 1:" - a s ii i a=F r� Yl.�• a �3 1i' i a r C7 a atts s s FIl i t , •••"OZ iisiaii s Op 16 Z 4 a $ :l '' Z��lilleil : i! f,Y. •- 1. • 6:7111-tii A !3e E. o •;46•F - - - • • o- 42s. li: : $S eine - - -. •440,, 'W N ° r '4 t 1 44 le .tom • •',_ . 1 . a :e:.3i�t.�I'. ' "f lE s ..-y.. ..... 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Vt . n. ,.... 1 • , I 0 1 ) _ ''' 4 1 1 t ..,, . . i 1 I ■ i 1 ftrr, , i!;•I _4:.., -'0' , , I 1 1 --;,,4.'1 '' 31,7,4,-■ . • I - , ... - ■ -•-• .*Gt I-.... ' ' _ . ■ . ■ eV j:T1 .. . ' I • j r .r1 - I ,.. 1. , Of • %ie.) '.■ ' r ....-- - - €) ; * co , 3-.7) ',-.•$ ZI ,,,%., , ./ I i • vcs,,otos .t,,,t-t, 1 - . ..., 41 ,.... , • 2W i1 IP o CL1 , ' Iii ' ' lift ii ,11". ...... , .., f - jilli 111 . . N ii zit ....t i k e ii!JJ 5iiii Iti Plin 14010L t .' r 1 1,-t it!'" Wel21 111 ni 14 EAV'r" ,riii i • '■) •;•.1 • 5f,Ar01 11 1 Pi I ) 6 Mildhittgii i.' L., • 1 i,a.. -ot. :.,.'4M4,i .......1 --.. C. Ili Pi il III ! Ne39•01.- .!!,::,C111 = 1 Exhibit B PELICAN BAY COOPERATIVE HOUSING CORPORATION SPECIAL MEMBERSHIP MEETING February 11,2014 MINUTES A meeting of the Membership of Pelican Bay Cooperative Housing Corporation,chaired by James Morrison,Board of Directors President,was held in The Glenview Room, 100 Glenview Place,Naples,FL 34108,pursuant to previous notice. Steele Stewart,Board Secretary,kept the minutes. We had approximately 80 residents in attendance. Mr. Morrison called the meeting to order at 1:50 p.m. The purpose of this Special Membership Meeting is to receive the membership proxies for the vote on the proposal of the expansion in Premier Place and amend the contracts to increase the healthcare beds from 35 to 42. . Mr.Morrison opened by asking the Secretary,Steele Stewart,if we had a quorum of members present or by proxy. Mr. Stewart reported that we did have a quorum with having received a total of 109 proxies. Mr. Morrison then asked if there were any members present who had not yet voted and wished to vote before giving the final tally. Hearing none,he asked if there • were any members present who wished to change their vote. There were none. He then announced that the tellers certifying the voting were Sharon Bernstein and Joe Debbink. He asked Sharon to make the announcement of the voting results. Mrs. Bernstein: The purpose of this Special Meeting of the Membership is to vote to approve or disapprove the improvements to Premier Place and to amend the contract to increase the healthcare beds from 35 to 42. In order to present these changes to the Office of Insurance Regulation we must obtain a 2/1 positive vote from the membership. The vote tellers have confirmed that we have received 102 votes in favor of the changes and 7 votes opposed,out of a possible total of 118 votes. Mr.Morrison: As the president was designated to be the representative of those who submitted proxies,I declare that I will vote as the residents so instructed with 101 in favor and 7 opposed. Bill Stevens has one proxy and he will vote for the other proxy.Mr. Stevens do you so vote?Mr. Stevens votes yes for approval. I also declare that the proposal to make the improvements in Premier Place and to amend the contracts to increase the health care beds from 35 to 42 is approved. • • At this point I would like to thank Bill Farrar and the Steering Committee for all their dedicated work in making this project come to fruition.I would like to thank all of those who participated in the voting,both those who voted in favor,as well as those who were opposed Qpen_Forum for Comments and Questions There being no questions or comments from the membership, Mr.Morrison adjourned the meeting at 1:56 p.m. Steele Stewart, Secretary • i 2 i • CERTIFICATION I+ kiittlarn C c 4 _ as Custodian of the records of Pelican Bay Retire ent Services, Inc. hereby certify that the foregoing is a true and correct copy cf the resolution enacted on February 20, 2014 . The resolutions therein contained are still in full force, as of the date hereof, have not been in any respect altered, revised, or repealed, and the resolutions do not in any manner contravene the Articles of Incorporation or Bylaws of Pelican Bay Retirement Services, Inc. Secretary of Board of :. ectors • (Records Custodian) SEAL 1111 • RESOLUTION OF BOARD OF DIRECTORS OF PELICAN BAY RETIREMENT SERVICES. INC. I. RESOLVED that the Board of Directors of Pelican Bay Retirement Services,Inc. (hereinafter referred to as "Applicant")does hereby authorize the tiling of the application as described in the Letter of intent with the State of Florida. Agency for Health Care Administration. 2. RESOLVED that the Applicant is hereby authorized to incur the expenditures necessary to accomplish the proposed project as stated in the Letter of Intent. 3. RESOLVED that, if issued a CON.the applicant does hereby certify that it shall accomplish the proposed project within the time allowed by law and at or below the costs contained in the Certificate of Need application. 4. RESOLVED that the Applicant does hereby certify. if awarded a CON. that it shall license and operate the facility for which approval is sought inthe Certificate of Need application. • In witness whereof. I have here unto set m) hand this ��' dad of Fehruar■, 2914. NA (o T f 1 Sccrctar■ oflioard of Director t Records C ustodian t • PELICAN BAY COOPERATIVE HOUSING CORPORATION LIMITED PROXY—SPECIAL MEETING The undersigned, owner(s) or designated Voter Representative, of the cooperative parcel known as Residential Unit Number in The Glenview at Pelican Bay,hereby constitute and appoint(Check(a)or(b)): ,(a)the President of the Association or in his/her absence any officer of the Association;or (b) (if you select(b),write in the name of your proxy) as my proxyholder* with powers of substitution for and in the name and place of the undersigned, to appear, represent, and cast votes only as I specifically instruct in reference to the following matters to come before the Special Meeting of the Members of Pelican Bay Cooperative Housing Corporation ("Association") to be held on February 11,2014 at 1:50 P.M. at 100 Glenview Place,Naples,FL 34108 and any lawful adjournment thereof. The proxyholder named above has the authority to vote and act for me to the same extent that I would if personally present, with power of substitution, except that my proxyholder's authority is limited as indicated below: LIMITED POWERS—For your vote to be counted on the following issue,you must indicate by checking your preference in the space provided (use x or J). THE PROXYHOLDER DOES NOT HAVE THE AUTHORITY TO VOTE FOR YOU IF YOU FAIL TO SPECIFY. THE PROXYHOLDER IS MERELY THE PERSON WHO PHYSICALLY"CASTS"THE VOTE BY DELIVERING THE PROXY TO THE VOTE COUNTERS. • I SPECIFICALLY AUTHORIZE AND INSTRUCT MY PROXYHOLDER TO CAST MY VOTE IN REFERENCE TO THE FOLLOWING MATTER AS INDICATED BELOW: Do you approve of: a The modernization and expansion project for Premier Place and related improvements which project has an estimated cost of approximately $7,000,000 and includes a new larger modem therapy center; a new fine dining/meeting area; a new life care dining and activities area; renovations to resident rooms and bathrooms; and expansion of the healthcare center to provide for an additional 7 healthcare beds; and h. The Association obtaining a loan to pay for a portion of the construction costs;and C. Upon completion of the modernization and expansion project, amendments to the Residency Contracts to reflect the increase from 35 healthcare beds to 42 healthcare beds. Yes — _ No Dated: ,2014. Signature of Unit Owner: Signature of Unit Owner: *The failure to check either(a)or(b),or,if(b)is checked,failure to write in the name of the proxy,shall be deemed an appointment of the Association's President as your proxyholder THIS PROXY IS REVOCABLE BY THE UNIT OWNER AND IS VALID ONLY FOR THE MEETING FOR WHICH IT IS GIVEN AND ANY LAWFUL ADJOURNMENT IN NO EVENT IS THE PROXY VALID FOR MORE THAN NINETY (90) DAYS FROM THE DATE OF THE • ORIGINAL MEETING FOR WHICH IT WAS GIVEN 319277.1 i 1 ` _ ; 0` 1' - `' 1 • 1 I - 1 IL z / /I/ U/ 0 c!C ye th M IPS , 94 z a ebs an f-- \\1/ a; t 6 I i 1 a / I z .4.4. Z i 1 d 1.. 0 pi, ,I D ''*410 I 0 I —- -;° 1 W wan i D 2 8 1 R r III 1 1 i Z I b L) ce- 1 i ` .. 1 CI in s . , From . . . b pi"; 1 ! , En v, 6 * s.:\/1 , /62 i f' N -� t Lt. i � t / _ > 0 S2 d. W r�,1:1-/ • 1 u .,..,. _ .