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Backup Documents 02/09/1999 RREGULAR MEE~IrlG FOR lHE BCC FEBRUARY O, 1909 l:cbruar.v % 1999 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 9, 1999 9:00 a.m. I~',I-;()I'I-[NI.~'; Ii) ,Xl)I)I,IE.Nh I IIFi II().\P,I) ()\ .si II.IK('l.'n '~\111('11 .\lll'J .X()'I ()N Illin 311'S I lie .',,I I1\11'1'1 El) IX' \\ RIll\(; \~1111 I:Xl'l, \N,\'I I()X '1() '1 II1': ('()I'N'I'Y ,\I),'~,II.NISI I,T.VI'()I( .\ I' I.I-LX.$'I 13 I1.\~'.", I'1(1~11( il) '1 lie I),.\ I E (11" '1 lie ,'~11':1'/I I.'X'(; ,tNI) \\'11,1, Ill", IIE.\RI) I'NI)I'iR"I'I I~1,1¢ 1'1'7111 ANY I'I':IiN()~, \\11¢) I}E('II)I<N I() \I'I'I':,Xl, f ~ I]l-:('lSl{)N ()1" 'Illin I1¢).\1~1) \VII,I, NI':EI) ,\ l~l-~('¢)l{I) ()l" II11'i I'll¢)('F:l-:lIl\'(;.'n I'I.,ICI.\ININ¢; 'IIIEI{FTI¢). AND 'I IIEIIF;I'()I{F; .MAY ,NI,;I';I) T() I*iX.'nl RI'~ II1,\1 ..\ \ I'.I,II~..VII\I I(1'.¢ ()141) q)l' III1'. I'1~()('1'i1',1)1\(;.% I.% .XI.\I)I",. WIII('II I(1':('()1(I) IN('I,I'DEN TIlE 'I'I<N'I'IM¢)NY ,\NI) FIx'II)EN('I; ,\1,1. 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BIS 12. ..',.I)VI-~I~.'I'INI';I) PI'Ill,l(' III-L. XI~,I.N(;,~ - 11('(' 11 (_'()X [I_[.,"S~ !.' ?:] ) l' [~( }~J ;I.,\ Xl ~.,\ I()iI l~._ I!.')_:!_..XJ I.' l:L_! [~j. l'c[:::(::: I': '[ X')X-17 J{]ilil' ,,x I.'()lc:.', l'.lt. (:['( '(,a,l,l] [',II~IIIUUIlII~ ('ollSllll;llltS. t~lc., lCplOsu'zlllll[ J;llllu's (J:)llll;lll. rcqucslm[ ;l ~c/:mc I'~(m: ",&" liliral .'~[lllCllll:liC l()"I'1 'I)" l'l~nncd ['nil S(:ulh. l(an~c 2() l(;isl. ('olhcr ('(:umy, Flor:da. c()llslSlill~ :)l' 37 '/- au'rcs. ('onliliut'(I Ixx(~ ::ct'ks 4/0 (('onlmis%ioncr Ilcrr)' ;ll)%l:litit'(I) 13. 14. 15. 2) ()rilill;ll~t'c ')il-c} - ~d()lllcd ~ Il ('. 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('Oltlllli%~iIHIt'r N,rris rt'.:u',, :lin,,, %l;Ij'l' (lil't't'lillll lO iulc%li~;llt' cltrat'lill~ sslllL'r' ['rlllll (;.hh'u (;:~lc (':ln;d I, puml~ iul. ruusc s~lt'm. ('rmllUini%,llcr ~1 :lc'Kiu directed St;lit lit lt';l~ t' huihlin~ ,j)clt aflt, r ~ p.lll, ill thc I'ulurc il' lilt ('OUllllisnirHI lllU't'lill~ is $1ill il: ~cnniOll. I:I().XI(I) ()1" ('()( '\'i '~ ('())I~,II.%,.',,I()NER.',;' ('():Xl.XlI'NI('.VI I()N.'n I O. ('()N.SEN'I' ;\¢;EXI)A - All nl,iltcr~ Il,tod undc~ \hi'; Itt'Itl arc c:)n~:dc:cd h, he li:ulmc ::lltl ilctii~ll ~.% Ill 1lC t;.lkt'll bi, \)lie IllOll,)li t', Ilhl}tll sCl%ti.ilo stlnu'tlSnll~II ol cJ,..'h ]lClll. ll'ttl'~.lti-,'d:Hl 1~ tt~.'nll',.'d bv i.i I110111llcl ()f fllo Iii)allot. thJl ItClll('.,) ~%111 bc lClll()'s,.'d I'lolll thc ('()IP.,t.'III :\~cll(I,l itlld ¢(lll.,ldu'lCd SCl');ll;.Ih.'iy. ('()xl~ll'NI l'sl' I)l';\ t:l.()l:\ll.]NllI& t':NVII~,()N.xlENT..\I, .%J-:RVI('ImL~ ]) llbl,ll'. %x -,lClll. pdlk', dlltl ICUIk';.lIlIHl;ll I';l(lhllCn. C111cI'~cI1',.'~' lllCdlCd] ",Cf % l',.'C~ hy'.,tk'lll, .";llllth d! ) I .I ( }dtHll ,'~I~'cCl Ill hlmll)kah.'c. (.'-thor ( 'OLlllty, h~lld, Illlp;lCt fcc'-, ti) I')t.' I~;.lld from ..\l'lbrdablc 1 [raisin,. 'I'lu~t I:tllld (] ltl ), l.cbruary 9. 199:) I,[t",. qq-~g ;iud ct'. >.I~ Joan I I l lubbard. 7, I~ lia:bara 5}I:)~ il]IOl. ~ls. IL:U lcia llll'inl[h J{t'~. :HI-q] ] 101,i, lJ, C':(l]U[lOll', - { lo)d:,.' ]llll:.)[¥01ll',-'ll| {.'d'~O Nt,-: M}-IY~-I [- - IL:llCl! .% tk: l~,;lIbal;: J l' ill.:Ill: x(i-I 3-I12- . \llchucl ~k .lu:Iol (itellu: ~:~-I :-~,.:-1 - \'.:lU~ tilt. ('():p. 1,,, lit'~, qU-q3 lllrm~hl P, 0quo,| h: upp:~:~c thc final plul ()ll"'0,'hl',[~Cllllg \\'ii, ld.~" %% |Ih ('(m,,trticli:m ;llld 3];lilllt'llllll~.'t' ..~[rt't'lllt'lll ;llt(I ~til)ul;Iti(m~ }~.l.':~ll. IC~[ t(I U['~13li,%l.l l~I[ ,il.',.'oldll]g |Ill.' l'll'i:[l pl;.'l ()f"..\ultmln \\'4,:id,, l'lul I bloc", and VCilh ]:t'rfl}rlll;lllCt' l'mnd ;lllll (',n,,Iruclion ;fill] .Xl;.lilllellallt't' :\[l'Ut'llld.'lll l~,:.'qt,?,l h: ,:ll:['~:,~', '.: l}IC l'lll;ll plat :)I' lmm:~kulcl.' F,o,:d ('cmcr \Vilhl ('onslrucil:m ;iiul 51;iintcn;ince .~[rt't'illt'l,il ;:ml .',;lipuhili:m: l'l'Bl.l(' {t .\l'~]'~I,):, i.' illl .\\.JO",', ll.d'.l.'lllC;'i[ ti) I ~ :n Ii,lO!cs ( hflfA: ('otmlrv ('lub, II,it.. ,'\ l'l()llida ~lill.])ll)]'~l ('tUl'~dH;lll()l) /\l.'Cc[qUll.;t: ,:I',1 I}l,)Inagc ]:asClllCJll l'l,q,il J:ll¢]l;.llllll,ig .'qh:)ll.'~ (':)-i)p. lilt. :~[~pl~:~c l'tHB~lllg t~)IC}~'CaTC W,IICI M.IlII ~VldClllllg. l'r:,IOCt 'II/ml. litld[t'l Amen(lint'Ill ill the ;llllOtllll Of J:~br,,larv ~J. [(J(J() 4) .\%%~:'d a (,ml~:~c~ ~, ..\l]~cd lru~km~ (~l'FJ,)~id~. Inc. ('.B Ii. '1 ruckln~ ('umpany. [nc. 5) }'Jclhly hclk~ cch Imm,,k:dcc R,,ad ;md Ibc [ cc (',d{{c~ (',nu{lv l.ulc Apl',r,.,vc (']'{~n~jc ~)Mcr v, lib ( i,.ill'.%tutcs, hie.. {'hd '.)~.2734. and ..\l)lCminlcnl t~ II,dc l ',.'lclllch",. [~l,).lcul -0124. In Ibc d,..'ducl ;~m,m,I l.,.:l> )IISI; .Schl,,,l Ill ;Ill ;llll~lllllI II~ll I{~ t'\C~.'Ci{ $33.1IIlI).Ill) i'l 'BI.l(' (',mtinucd lo 2/23;U9: I) ..\d,,pl ;~ ~c-,,dulmn ;ItHh~}~l/ing Ibc a,..:qlll.',,illi)rl of land by g]l't or ptJrch;~sc i)l' I~'c · ,implc )lilt inlcrcxl', f,,r pmpcrllcs ad.luCent to thc cxt~,lu)[z landl]ll I~.alr.__'c _~',[-. 5ivcll,,ll ~. l'~)r pu)'qic Icci't':lli(md{ '"1 ..\tllJl,)ll/t' Ibc J;.lll~tl,i';C ;tll(J ',.'*)I11'1[I11 }~()tllldarlu'., l'~r t]:c ( hd~Jcll ( };Jlc !). SI 'I'I'()R'I' SI-:li VI ( 'i-;S I I 'l lus ]lc,n deleted. ,,\ ill)l( )I ]/;.H I, )Il ITL thc Publl, l<coml, hupacl ..Xpphcat],,n I',,[ I)c~ ch~pmcnt ,&pl~r~,.,ul Il)RI I)AI ami S,,lllh l'h,'M;~ Wulc[ S 199.500.00 Fund ..\ppr{){'~ lJtc ( 'al rv I'{u x~ ;~rd umt J~,cc,~ll{/c J~,c\ ClltlC I'~r J~,Clllcd ;llld ~Cnl(~r l:c)}rt~:trv (), l(J(J(J I-. Iii(IAI,ti) 01-' ('(}I'.N'I 't' ('().\I.~II,~.',;I(LNEI~,N l% I I.%( ' [-~ I . I ..-\ .~' I-~ ( ) [ ' ,~ ( II. ()'1 Ill(l{ ('()N.~'llI'I ["1 I()N.-\I, ()l"t"l('l-H~,N It ,,\,:Ct.pl al: ..\lllCI~.' \' ] Itl%t ]'tlll~i (}lilllt-lll-Alt] ()1'$ l(J.-l:)(') l'f()ll! llIu {)II'icc :)1' tile ,~l;llt' (' ( } l I ) I .'\:ll]lll]l')llilD)l. anti :\lll]lorl/U ('hulr~()mun l,) ,,l,._,n thc .'\.glk*t.lllt'llll (if}! ,.~ lI ,il. .,~i'l 'I'ORN EY I) J~',.'C()l'lll'llc)l,t,l|l¢))l It1,1! IJJC I),();lltJ ~)f( '~)tllll~ ('()lllllll')',lo)lt.l% dF)l')l()'. L' lilt.' J'lllLIJ Jtl~J~lllUIl! It.'];lll~, t' I()lilt.' 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Till-: Ii('(' .%ll-:}.',TI.N(; fIN \Vill('ll 'l'llE l'l'E,Xl,',; ARE .%('lll.]l){'l.EI) TO III-; IIl.].-\l~,l): A.%D 4) .N'O lNI)l\'ll}[':\l..',; .ARE J3' ¢)I'I'()SI'I I¢)N T¢) Till-: I'll. BI. [)ctlll(m J~,-(JX-"..Nl;.tllt) ('il)idle lo. ltlC,;lillg lo cJl;lngO thc ?oIl111~ c]:,ssificalion ol'a property I'r:)H'l "..\" a~llct~Jtura{ h)"f '-.~" }':c:~x y c()mmclciaJ district. thc nm'th s],.tc of fam~amt I rail ];a.,;! apf~rt)xlmalcly 2000 f'ecl cast of('.R. 951 in f'-;cc[i(m 3. T,m n,;}uf~ 51 Stm:h. [,l.;mgc 2(, [!aq. ('olhcr ('OLmIy. [.'h)mta. This ~;llc omsls(s o1'3.35 :]c~c~. ()rd. 90-8 I'clilnm ('1.'-9N-23. A. ()loire Nm~psCm. r'cqucstmg ('omlit~,)nal t'w "l" ~f thc "A" Rural ..X~rlcuhural/O~lHl~ district fi~r varthmm]n~ p~'r Sccti~m 2.2.2.3 I~r pr~,pclty h~calcd at 7000 Big Idand Ranch R,)ad. m Scct~m 25. 'Io~n~iup 4V Smith. Range 27 Florida conslSlmg of 1U5.32 - . Rt'~.gg-i I I 18. AD.J()I'RN IX()I '11.~11-:.% ('¢)N('EI.~NI.X(; ¢'11.\N¢;I-:S '1 ¢)TIlE B()AI~,I)'.% AG END..'~ .%11()1'1,1) lie T¢) 'I'IIE ('¢)1 'N'/Y ..\I)X I I X I.'qTI~,..VI'OI,~'.% ¢)I.'I.'I('E ..VI' 774-~3~3, Naples Daily Hews Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 #912733 57824741 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Nap[es Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Haples, in said Collier County, Florida~ and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/07 AD SPACE: 55.000 INCH FILED ON: 02/08/99 swor ,o and Sub,cribed bar;re ,e thi, ___q d,_, of PUBLIC ~EETING B,,")i,~PD OF COUt IT Y COLLIER COUtITY, 9:00 A Ih~'t the CoLlier Couotv Booed of County Com- 1he Bo~w'd'5 Char'nl~.rs on fha ThirO Floor of fha Ad- ministr orion Building (p4fiidintl FI Ot It~e Collier do, fo conduct the busl* l~ess of Ccdlier Count¥~ ot the c~ove stcded t~r'r,e ond C,wJie~, Of the o~end~J County Adlninis~rotor, cord oe the pro~eedir, q5 . record ~ the proceed- In~. Is mode, which re. cord Includes the upOn which the oppeol JS to be hosed. BOARD 01:: COUNTY CO,'AM~SSlOUER S COLLIER COUiqTY0 pAMeLA S. CHAIR V'/OAAAr~ OWl~blT E. BROCK, CLERK Depul¥ Clerk Feb. 7 No. 1345q?0 I"EBRi:.IR}' 9. 1999 ..IDD: ITI(.~I 8f,.I)(2): Dl.'i('! '.~,'SIO.V 01" M.,IRCll 5m II'ORA'XIlOI' O.V DF.,\:S'II'}' REDf'CTIO.~,'. CLE.'.S'TERI.VG ..I.VD .$'EI'TLE.~IE.'~'T ..IGREE.~IE.VT II'iTll LS' T,.! FF '.$' R £ ~ L'I;S T). MOLT(: ITEM 16(('](2/ TO ,~'((')(3): ..IL'TIlORIZE TIlE L..I.VGI.:.IGE ,.I.YD CONFIRM BOUND..IRIES I"OR TIlE GOLDEN G..IT£ ,VI'~IGIIBORIIOOD PARK .ILS' TU SI 'R 1 7i 1: (COM.IlI,S',$'IO.VI.JR CO,V,$'T,,I,'~'TI.YI'J). PROCLAA4A T_rON WHEREAS, WHEREAS, the Collier County Loan Consortium and the Cooperative Extension Service, a department of the Pubh'c Serw'ces Division of Col#er County, have entered into a pubh'c/pn'vate partnership,, and, the mission of the Loan Consortium is to heir ve~+ Iow,/ow and moderate income families achieve home ownership; and, through the Board of County Commissioners'support, the Extension Serw'ce teaches Home Buyers Education and prepares families for the buying process; and, WHEREAS, more than 300 indiw'dua/s and fam,'h'es howe received home loans through the loan consortium program,' and, WHEREAS, home ownership helps bu~ld stronger commum'ties by prow'ding roots for lorn#les ond o more ~tabl¢ work force: and, WHEREAS, thirteen (13) financial insh'tutions have committed 12 mi/lion do#ars in ]aah funds for ~.., ~.~ , NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier'County, £1orida, that we recognize and thank the member fina?¢ial ins?itut[ons of the Col#er County Loan Consortium for their part in helping to provide home ownership opportunities for Collier County £amilie~. . DONE AMD ORDERED Tl~S 9th bay of ?ebruary, / TTES T: BOARD COLL? ?.?,N ~,V, EL,~ 5. I~,~C'l~.E-. Ct-1~70~N - ,} DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 I/ES()I.I'TION N(). 99- ~ A I~,I!SOI.['TION T(),,\I'TItOI;,IZE ,,\ SI'El!I) I.IMIT I(t~I)I;C'I'IOX 'I'O TIIIRTY FIVI! MIl.ES I'F.I MPIll ON ('.lt.. ~4/~ IIMMOKAI.I,;F. RO,,\I)I I:ROM OAfS I~OI..;I.F\'Af>,D EAWI'F. RI.'f F()R A I)IST,,VN('I! ¢)1: MII.E, WtlF. RIL,\~. ('hilplcr 3lb. FI.rida ('ommissi,ancrs Io ahcr ol'cslal'dish :,pood Iimhs on roads under ~IS jurisdiclmn: and Of Couflly ('ommissioncrs: and WIlt(RI[AS, In accordance I,,ilh ~cclh~lt ('OUllty ('ommissioncrs may allot such cMsllll~ speed hasis o1' an cn~inccrin~ and lraf't]c ~u~ csl t~aliotli ;Iud X~'III~RE,'~; {flu rCStlllS of MICh CII~IIICUFHI~ ;llld Ir;Il'lie llI~CSIi~;iIit,IlS dclul'llllllc dud Ibc reduced speed limil ~s rc;,sonahlc ¢onformily to criteria promulgated hv Iht ( NOW, 'I'ItlLRIfFOtLIL BIf II' RI(g()I.VI~I) COMMISSIONERS OF ('OI.I.II:R ('Ol 7X'l Y, I-I.()RII)A, that: I. Thc Board ot'('OuUlV ('mp, mis~ioncrs docs hcrchv cslahlish a thirty fi~ e miles per hour IS~ mphl speed limit Boulevard caslcrly fi~r a dJsl;mcc of one mdc. ami d.cs hcrchv direct Ibc ('Otllliy 'J'r;illsporl;iholl ~crvice~ J)CpilrllllCIll lo cruel appr~u)ri;,Ic ;idv;lucc ~vaming "REDI'('I~ NI'EI:I) AlII:Al)" ~?s and hpccd hmit ~i~ns ~ivin~ re)lice thereof. 2. These speed limit rcduclitms shall cease ~hcn appr-p~iidc ;11 Ibc dixcrcfi.n c,f thc ('otluty'S Transportation Ncrx ices l)cpanmcnt, ). A copy of this RcsolulJon hc tb~ardcd Io Ibc ('.llicr ('ounly Shcrifl's ()fl]cc Ibr proper cnlbrccmcn[ of fl~c of Ibc established M~ccd limil I lmmokalcc R~adl x~ ithin thc designated 'l }tis resolution adOplCd al'for inmhm, s¢cmld ;md mai,~rlly xotc favoring same Ihis ~,~ day ol'_ ...~_.~ ........ 1999. ATTF. ST: I)WIGtIT E. FIRO('K. ('fork i)cpuLv ('lc~k Approvcd ils to t'Ol'l]l urld ]cga{ stfl'l]cic:lCy: Thomas ('. Pahncr ~' ..\ssislanl County AUorllcy II¢)..\RI) ¢)l.' ('¢)l :N'I Y ('OMMISSI/)NI!bIN OFFICE OF THE COUNTYATTORNEY INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Sue Filson, Administrative Assistant, Board of County Commissioners Michael W. Pettit, Assistant County Attorne~ ~e~ July2~, 2001 Execution of Settlement Agreement and Mutual Release in Richman v. Collier County Attached are four originals of the settlement agreement and mutual release in the referenced lawsuit. The Board voted to approve settlement of this lawsuit on February 9, 1999 under Item No. 9A. Please have Commissioner Mac'Kie execute each of the four original settlement agreements and mutual releases in the place indicated and also have her signature attested by the Clerk. Please have one of the settlement agreements filed with Minutes and Records, and notify my secretary Nancy Bradley who will come to your office and pick up the remaining three executed settlement agreements. Thank you for your help in this matter. MWP/nfb enclosure CC' David C. Weigel, County Attorney Jeff Walker, Risk Management Director h:/Public/Litigation/Open Cases/Richman, Bobby/memo to sue filson ref settlement agreement & mut rel.072701 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement and Release") is entered into and made on this L'~"'Ph day of~ a~'3~DO,~CL~ I , 1999 by and between Robert P. Richman ("Richman") on the one hand and Collier County, a political subdivision of the State of Florida, Michael McNees, Jerre Salmon, Jim Hehl, Leo Ochs, Skip Camp and George Gulley (hereafter collectively referred to as the "County") on the other hand with respect to Case No. 97- 419-CIV-FTM-18D, filed in the United States District Court for the Middle District of Florida, as well as all claims or controversies between Richman and the County or its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties or assigns that could have been asserted in that case or that in any way relate to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County through the date of execution of this Agreement and Release. WITNESSETH: WHEREAS, Richman filed an action against the County in the United States District Court for the Middle District of Florida, and that action was styled Robert P. Richman v. Collier County, a political subdivision of the State of Florida, Michael McNees, Jerre Salmon, Jim Hehl, Leo Ochs, Skip Camp and George Gulley, Case No. 97-419-CIV-FTM-18D (hereafter referred to as the "Lawsuit"); WHEREAS, Richman alleged various claims against the County in the Lawsuit; WHEREAS, Richman and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, asserted or that could have been asserted by Richman in the Lawsuit, including but not limited to all claims for compensatory damages and attorney's fees and costs, and also desire to resolve fully and finally any and all claims, whether known or unknown, that relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County through the date of the execution of this Agreement and Release; WHEREAS, Richman and the County desire to reduce their compromise of the Lawsuit and all claims that could have been asserted in the Lawsuit or that relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County through the date of the execution of this Agreement and Release to a writing so that it may be binding upon Richman and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, agents, representatives, attorneys, insurers, sureties; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which are hereby acknowledged, and with the intent to be legally bound, Richman and the County mutually agree to the following: 1. Richman and the County agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees to pay the sum of Twenty-Eight Thousand and No Hundred Dollars ($28,000.00) in full satisfaction of all claims Richman has made or could have made in the Lawsuit or that relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County through the date of execution of this Agreement and Release. The County and Richman further agree that payment of the $28,000.00 shall be allocated and made as follows: (a) Payment of Twenty-Four Thousand Five Hundred Dollars ($24,500.00) shall be by check payable to Robert P. Richman in full satisfaction of his claims for attorney's fees, costs and compensatory damages. (b) Payment of Thirty-Five Hundred Dollars and No Cents ($3,500.00) shall be by check payable to Toni Home, Esq. in full satisfaction of her attorney's lien filed with respect to the Lawsuit and all related matters, including without limitation any claims Ms. Home has or may have against Richman for attorney's fees or costs. The County and Richman also agree that no portion of the $28,000.00 in settlement proceeds includes or is intended to include payment for backpay or frontpay. 2 3. The payment to Richman referred to in Paragraph 2 of this Agreement and Release includes all amounts allegedly due to Richman from the County for any reason whatsoever including, but not limited to compensatory damages, costs, taxes, expenses, attorney's fees and equitable relief that Richman has claimed or could have claimed in the Lawsuit or that relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County. 4. In further consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the County also agrees to allow Mr. Richman to place a typed or hand written statement in both his Human Resources personnel file and Department personnel file. 5. Richman represents and warrants to the County that he has not filed any other charge, lawsuit, claim or any other action against the County or any entity or natural person that is or has been associated with, controlled by or under common control with/of the County. 6. Except for any claim to enforce the terms and conditions of this Agreement and Release, Richman, on behalf of himself and any and all heirs, executors, administrators, legal representatives, attorneys and assigns, shall and hereby does fully and finally unconditionally, release, acquit, remise, satisfy and forever discharge the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, attorney's fees, costs, covenants, charges, damages, frontpay or backpay, obligations, liabilities, contracts, promises, judgments, executions, claims, or complaints, whether legal or equitable and whether known or unknown, which Richman asserted in the Lawsuit, had, or now has or may have against the County, its elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, arising out of or relating in any way to the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that refer or relate in any way to or arise directly or indirectly from Richman's employment, termination of employment or applications for employment with the County, up to and including the date of execution of this Agreement and Release, including but not limited to, claims in any way pertaining to a claim of discrimination or retaliation pursuant to Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Family and Medical Leave Act, the Employment Retirement Income Security Act of 1974, the Florida Civil Rights Act, the U. S. Constitution, the Florida Constitution, or under any other federal, state or local statute or act, ordinance, regulation custom, rule, or policy, or any cause of action in contract or tort, including any intentional tort, or any instruments, agreements or documents entered into by, between, or among the County and Richman. 7. Richman also agrees to indemnify, defend and to hold the County harmless against any tax liability, including but not limited to income tax, social security tax, penalties and interest, in the event that it is ever determined that the payment made by the County constitutes taxable income to Richman. In this latter regard, Richman acknowledges and agrees upon advice from his counsel that any tax liabilities including but not limited to income tax, social security tax, penalties and interest associated with the payment of any monies to Richman under this settlement are solely his responsibility. 8. Except for any claim to enforce the terms and conditions of this Agreement and Release, including without limitation any claims for indemnification under Paragraph 8 of this Agreement and Release, the County shall and hereby does fully and finally remise, release, acquit, satisfy and forever discharge Richman, his attorneys, agents, successors, insurers, sureties, predecessors, heirs and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, attorney's fees, costs, contracts, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which the County had or now has against Richman arising directly or indirectly out of or relating in any way to Richman's employment, termination of employment or applications for employment with the County or any claim or allegation that Richman has asserted or could have asserted in the Lawsuit up to and including the date of the execution of this Agreement and Release. 9. Richman and his attorney and the County and its attorneys agree to waive the right to seek payment of their respective attorney's fees or costs incurred in the Lawsuit beyond any payment referred to in Paragraph 2 of this Agreement and Release. 4 t9A 10. Richman represents and warrants to the County that he is authorized to enter into and that he has the authority to perform the terms of this Agreement and Release and that he has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims he has released and discharged in this Agreement and Release. 11. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by the County does not constitute, nor shall it be construed as, an admission that it has violated any common law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to Richman under federal, state or local law, policy or practice, with respect to Richman's employment, or in any other matter, or that any of Richman's claims have any merit whatsoever. The County explicitly denies any such wrongdoing. 12. This Agreement and Release shall be governed by the laws of the State of Florida. 13. This Agreement and Release is freely and voluntarily executed by Richman and the County after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, Richman and the County do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Richman and the County acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted or was intended to benefit from the ambiguous language. 14. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 15. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 16. In the event of an alleged breach of this Agreement and Release, Richman and the County hereby agree that all underlying causes of action or claims of Richman and the County 5 have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its express terms and conditions. In this regard, Richman and the County further agree that the sole venues for any such action shall be the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida or the United States District Court for the Middle District of Florida. 17. The parties hereto agree that this Agreement and Release supersedes and replaces all prior agreements and understandings and that it constitutes the entire agreement between Richman and the County and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 18. This Agreement and Release may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute on and the same instrument. 19. Except as expressly provided for herein, Richman and the County represent and warrant that in executing this Agreement and Release, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their representatives with regard to the subject matter, basis or effect of this Agreement and Release. 20. Richman and the County acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. 21. The County agrees that, consistent with the Florida Public Records Law, it shall store all records concerning Richman (other than his personnel files as maintained in the County's Human Resources and Facilities Management Departments) with the litigation files in the Lawsuit. IN WITNESS WHEREOF, and Release, which consists of 13 Richman and the County having executed this Agreement pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Employee. 6 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman Date: Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Robert P. Richman before me this I '~E-~ day of -~-~t.M ,2001. Signature of Notary Public ] Personally Known Produced Identification or Commissioned Name of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: Oebbie 7 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by George Gulley before me this o~ ~>day of ~/~-4~ ,2001. Signature of Notary l~ublic Personally Known ~. or Produced Identification Commissioned Name ~of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: MARIAN R. COLLI I~ PUE)LIC - STATE OF COMMISSION # DO013829 EXPIRES BONE~ED TNRU ~-888-NOTARYI 9 A ' ! JER~{{ErW. SA[,M6N' ~ - Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Jerre W. Salmon before me this /~)q6~ day of Signature of Notary- l~ublic ,2001. Personally Known ~' or Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) Type of I ification Produced My Commission expires: MARIAN R. COLLI NOTARY PI~UC - STATE Ot:: FLORII)A COMMISSION # DOO1382a EXPIRES 8,~,~003 -- I]ONDED TH,'~U 1 ..,BOi~T~.I 9 dSKii~CffMp - _ THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FL(~RIDA WAS SWORN TO and subscribed by Skip Camp before me this / t~day of ]~/A~ ,2001. Si~na{ure of Notary lgu~lic or Personally Known Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) MY Commission expires: ~///~)~/0~/9~?~ Type of Identification Produced MARIAN R. COLLI I~01'ARY ~IC - STATE OF FLO~UDA COMMISSIO~ # DOO13829 EXPIRES ~/8/2003 BONDED THRU lq~884~OTA~Y1 10 THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Leo Ochs before me this.'/~L day of /~-~ , 2001. Signatt~re-of Notary ~blic Personally Known Produced Identification or Commissioned Namte of Notary Public (Please print, type or stamp) Type of Identification Produced My Commission expires: MAP, tAN R. COLLI NOTARY IP~ISLtC - STATE O~: FLORIDA cOMMISS~'q # ~13829 E~IRES B~D ~RU 1 ~8-NOTARY1 11 Date: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by James Hehl before me this a,~tg'I> day of Signature of Notar3 ~ublic- ,2001. Personally Known ~ or Produced Identification Co~m~/one'~d Na~e*of Not a~ pu/blic (Please print, type or stamp) Type of Identification Produced My Commission expires: MARIAN R. COLLI NOTARY PUt. lC. STATE OF FLC~IOA COMMISSION ~ ~ E~I~S ~ 12 MICHAEL A. MCNEES Date: -~]-] ~ '('~ THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT P. RICHMAN AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Michael A. McNees before me this Signature of Notary~ublic /o day of ,2001. Personally Known or Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) MyCommission expires: O~'/~'/Z,~:~,..~ Type of I/~de~nti~fication Produced Approved and accepted as to Paragraph 2: Toni Home, Esq. Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney h:/Public/Litigation/Open Cases/Richman/Settlement Agree&Mutual Rel.061301 13 IIESOI,UTION NO. 99-113 A I~,ESOI,UTION AI'I'OINTING ANI) IlEAl'POINTING MEMBERS TO 'FILE PEI.ICAN BAY MUNICIPAl, SERVICES TAXING AND BENEFIT UNIT ADVISORY COMMFFTEE. ".VIIL:F',F, AS. ('oilier County ()rdinanc¢ No. 90-111 created Ibc I'clican Bay N, lu~licil,al Service Taxing ;md Benefit Unit Adxisory Commitlec and providcd Ihat the Commitlcc shall consist of nine (9) mcmbcrs; and WIIEREAS, Collier County Ordinance No. 91-22 amended Ordimmcc No. 90-111, providing that thc Commitlec shall consist of fifteen ('15) members: and WI IEREAS. Ihcrc ;ire currently three f3) vacancies on this ('ommittc. c; and WttEREAS. thc Board of ('otmty Commissioners previously provided public notice soliciting applications from interested parties. NOW, TIIEREFORIL BE I'F RESOLVED BY 'file BOARD ()F ('OUNTY CONiMISSIONERS OF ('OI.I,IER COUNFY. FLORII)A. that: 1. Joseph A. Bawduniak is hercby appoimcd to tile Pelican Bay Municipal Service Taxing and Bcnefit Unit Advisory Commitlcc fi)r a fi~t~r (4) year tenn. said lenn expiring on .lantmry 29. 2003. 2. I.ou Vlasho is hereby appointed to thc Pelican Bay Municipal Service Taxing ;md l~cncl]l Unit Advisor' Committee fi)r a finlr ~4) 5'car ICFtu. said Icrm expiring on .lanuary 29. 2003. 3. Thomas C. l~rown is hereby reappointed to thc Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Commitlcc for a lbur (4) year term, said term expiring on January 29, 2003. This Resolution adopted after motion, second and unanimous vote. DATED: Fcbru;tryg, 1999 ATTEST: D\VIGt IT E. BROCK. Clcrk Attest as Lo Chalra~l $ signature only. Approvcd as to (omi and lcgal su fl~cicncy: BOARD OF COUNTY ('OMMISSIONI!RS ('OIA,IFY, COUNTY, FI~ORII)A I'~'IE[,A S. MAC'KIE, Chainvoman ' I)avid C. Wcigel ~ County Attorney D('¥,* kn RI'~SOI,UTi¢}N NO. 99-I 14 A, RES¢)I,UTION ,~,i'I'OINTI,",,'¢; CAi,re)l, II()I,I,E I'AIII, TO TIlE (;()NTI,t,,',('T()IL",;' I,ICENSIN(; WI IERIiA5. ('~llicr ('oumy Ordhmncc No. 90-I0~. as amcmlcd, crcalcd thc ('onlrach~rs' l.iccnsin~ Board aml provklcs thal Ibc Board ~hall hc composed oF nine (9) members appoinlcd hy Ibc B(mrd oF County C'nmmissioncrs with ~ minimum of lwo (2I members rcsidin~ wilhm Ibc corporalc cJlv Iimils of Naples or rccommcmlcd m Iht Board hy lhc Naplc~ ('ily ('ouncil; and WIIERI~AS. ct'l~ctivc October I, Ihosc IllClllbCrs quali Fy as co115tJIllCr rcprcscnJalit WIIEREAS. Ihcrc is cuncnlly Rcprcscnl;~tivc; kVIIEREAS, d~c IIo~rd of ('oumy Commissioners prcvim~sly provided public m~licc solicilin~ api~lic-:uinns From varinus interested NOW. 'I'ftIH~EFORIL lie I'F RI~SOI.VED IIV 'IllE IIOARI) ()F ('OIIN'I'Y COMMISSIOXERS OF C'OI.I.IILR prcrcquisilcs For ;~ppointmcnI and is hereby appoinlcd as ('onsumcr Rcprcscnlalivc lo Iht Contractors' [.Jccnsin~ Iloard I~)r a three year Icrln, said Icrm 1o expire on June iii, 2002. This Rcsohmon adopted alter motinn, sccond ~nd majority vote. DATI!D: Fchruarv 9. ATTI:,ST: DWIGItT F,. BP, OC'K. ('lcrk At. test. is t0 Chalm, an s s lg~at, ure 0nl.~. Approved as Io titan and lo.ual sufficicncy: D:wid C. Wcigcl C'oullty AllOnlCy I)CW, kn lOC RESOI,UTION NO. 99-1 I$ A, I/ESOI,UTION I(EAPI'OINI'IN('; DENISE A. S,MITII TO Tile I,M.',IOKAI,EE BE/~UTIFICATION MUNICIPAl, SERVICE TAXING UNIT ,M)VISORY COM.Mi'I'I'EE. WtIF. RE:\S. Collier County Ordin;mcc No. 86-65, as amended, created thc hnmok;llcc [.ighting and Bcatnification District Advisory ('(mmfittcc and providcs fi>r five (5) members; WttEREAS. CoIIicr County Ordin;mcc No. 92-40 providcs that thc AdvisoD, ('ommittcc bc rclaincd for thc llcaulification District only; and WttEREAS. thcrc is currcmly a vac;mcy on thc Committcc; and WtlEREAS. thc Board of Counly Commissioncrs previously provided imblic notice soliciting applications from intcrcslcd. NOW, '[Itf~R[~FOR[~. llt~ IT RI~SOI.VI~D I1¥ 'I'ltl~ II(}ARI) OF COUN'I'5' COMMISSION[~RS OF COLIAER ('OtJNTY. Ihat I)cnisc A. Smith is hcrcby rcappoimcd Io thc hnmokalcc Beautification ,Mtmicipal Scrviccs Taxing and Bcncfit Unit .Xdvisory ('mnmiltcc a four ycar Icftu. said tcrm lo expire on Scptcmbcr 23. 2002. This Resolution adoplcd aficr motion, second and m;dority rotc, DATED: Fcbrua~' 9. 1999 ATTEST: DWIGlfT E. BROCK. Clerk Attest as to Chalr,,an's Approved as to form and Icgal su I'ficicncy: County Attorney IIOARD OF COUNTY COMMISSIONI!RS ('OI.LII']4 COUNT5'. FLORII)A DC W k n RI';SOI,UTION NO. ~9-116 A IU'~SOI,UTION I~E..\IW()INTIN(; MEMBERS TO TIlE (;OI,I-)EN ¢;ATE BEAUTIFICATION AI)VISORY CO.",IMITTEE. \VI tERIb\S. Collier C'ounb' Ordinance No. Iht Golden Gate Bcaufificalion Advisor, Committee and provides tl~al thc commiltcc shall be composed of five (5) members; and WI IEREAS. there arc currcnlly two (2) vaCallCJeS o11 Ibis ('omnfittec; and WIIERE,.XS. ll~c Board of ('Otlllty ('ommissioncrs previously provided public notice soliciting applications l?om intcrcstcd panics. NOW. 'I'}tl~REFORI~, lIE IT RI~S()I,VI~D BY TIlE BOARD OF ('OUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I, Sabina A. Musci is hereby reappointed to thc Goklcn Gate Beautification Adviso~ Committee fi~r a fimr year tenn. said term Itl expire on October 6. 2002. 2. Btmncr G. Bacon is hereby reappointed to Ibc Golden Gale Bcautificalion Advisory Committee For a lbur year term. said tcnn This Resolution adopted after molion, second and majorily vole. I)A'FED: Fcbruap:, 9, 1999 ATTEST: DWIGffT E. BROCK, Clerk Attest al' to ~hatrman's stgaature on 1.y. Approved as to fom~ and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY. FLORIDA David C. Wcigcl ~ County Attorney DCW, Ln RESOI.UTION NO. 99-117 A RESOI.UTION APPOINTING AUDRE I,EVY TO TIlE iII,ACK AFFAIRS ADVISORY BOARD. \VIIEREAS. Collier County adopted Orttinance No. 91-38 creating thc Black Affairs Advisory Board. which provides that thc Advisory Board shall consist of seven (7) members; and \VItERE..\S. Collier County Ordinance No. 91-77 amended Orttinance No. 91-38 by providing that thc Advisory Board shall consist of nine (9) members; and WI tI:.RF~AS, there is currently a vacancy on this Board; and \VI-tEREAS. thc Board of County Commissioners previously provided public notice soliciting apt.,lications from interested panics. NO\\', TIIEREFORE. BE IT RESOLVED BY TIIF. BOARI) O[: COUNTY COMMISSIONERS O[: COLLIER COUNTY, FLORIDA, that Audrc Lc,,')' is hereby appointed to the Black Affairs Advisory Board For tl~¢ remainder oFthe vacant term. said term to expire on June 25. 2001. This Resolution adopted after mow, n, second and majority vole. DATED: Fcbruao, 9, 1999 ATTEST: DWIGHT E. BROCK, Clerk tttest as to Ch&tra~,ln's s ]gaature onl7. Approved as to fom~ and legal sufficiency: David C. \\ elect' ~ County Attorney DCW,;kn IIOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Li~XMEI.A S. MAC'KIE, Chainvoman RESOLUTION NO. 99- 118 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REQUESTING TtfAT TIlE ARMY CORPS OF ENGINEERS USE TIlE DULY ADOPTED COMPRE[IENSIVE PLANS AS TIlE [.AND USE ALTERNATIVF~ FOR TIlE ENVIRONMENTAL IMPACT STUDY FOR SOUT[IWEST FLORIDA; OBJECTING TO TIlE USE OF ANY LAND USE ALTERNATIVE IN TIlE ENVIRONMENTAL IMPACT STUDY THAT DOES NOT STRICT[.Y COMPLY WITII TIlE EXISTING COMPREt[ENSIVE PLANS; AN[) PP, OVIDING FOR AN EFFECTIVF. DATF~. WttEREAS, the United States Army Corps o£ Engineers ("Corps") has undertaken an Environmental Impact Study for Southwest Florida to study the impacts of Ihe Clean Water Act Section 404 permitting program on the area; and WlIEREAS, the State o£Florida, through the Department o£Community Afl.airs, arid Lee and Collier Counties have requested that the Corps use the Comprehensive Plans Developed for each Count), in its environmental Impacts Analysis, and WIIEREAS, the local Comprehensive Plans ',,,'ere developed, adopted arid approved pursuant lo the requirements of the "Local Government Comprehensive Planning and l.and Development Regulation .,',,ct" adopted by the Fl(~rida l.egislature; and WllEREAS. the citizens, businesses, and governments o£ l.ee and Collier Counties expended tens el'thousands o£hours and millions of dollars in developing the in£ormation needed to support the decisions encapsulated in the Comprehensive Plans and the Future l.and Use Maps for both Counties; and WttEI~',EAS, the Corps has ap[minted an Alternatives Development Grot,p which developed a number of difl.erent land t, se alternatives for the Corps' use in developing the Environmental Impact Statement For Southwest Florida. most of which conflict xvith tile land uses designed by the duly adopted Comprehensive Plans; and WtlEREAS, the land use alternatives proposed by the Alternatives Development Group are significantly more restrictive than the adopted Comprehensive Plans; and WItEREAS, the documents in the public domain and the public comments made by the Corps staffand the participants in the Alternatives Development Group indicate fha: the Environmental hnpact Statement for Southwest [:lorida may be used 1o replace the local land use regulations approved by the State o£Florida and the l.ce and Collier Counties governments; and WIIEREAS. the Corps has stated that thc Envlronn'~ental Impact Study for Southwest Florida will sep,'e as a template for evaluating and regulating other projects in the State Florida. - 1 - NOW, TIIERF. FOR[£, BI-: IT RI~SOIY,'I.~D I]Y TIlE COMMISSIONERS OF CO[A. II'~P, COUNTY. FI,ORIDA, that: I. I10,\RI) OF COUNTY The Board requests that the United States Army Corps of F. ngineers, Jacksonville District, usc the duly adopted Comprehensive Plans of l.ce and Collier Counties as the land use ahcrnativcs in completing the Environmental hnpact Statement for Southwest Florida or limit thc usc of Ifc [:.nvironmental Impact Statement so that it ,.,,'ill not. either facially or as applied, act as land usc or zoning regulations. The P, oard strongly objects to file Corps' use of any land usc ahernalivc Environmental Impact Statement for Southwest Florida that will result in land usc or development controls that arc not in slrict compliance wilh thc focal Comprehensive Plans devclopcd and adopted in compliance wilh thc laws of the Slatc of Florida. 3. This Resolution shall be effective upon adoption This Resolution adopted this/~__~_ day or__~/~-~ and majority vote favoring same. _, 1999 after motto., second ATTEST: DWIGIIT E. BROCK, Clerk Attest as to Chalrm~an's $igaature onl$. Approved as to Form and legal sufficiency: David C. Weigcl County Attorney P~AMELA S. MAC'KIE, Cf IAIRWOMAN COLLIER COUNT'Y FLORIDA REQUEST FOR I.EGAL ADVERTISING OF PUBLIC IIEARINGS Fo: ClcrklolheBoard: l,caseplacelhefolhm, inl~ana: XXX Normal legal Advcmsc:ncm [] OIher: ~D~splay Adv.. IocaHon. clc. 1 Origmaung DcpU Ds,,': Comm. Dcv Scrv tPtann]ng Person: Dale: Petition No. (If none, give b~cf dc~nptmn}: Petitioner: [Name & Addr~): M~tcrc~R H~mc~, Ltd., 9311 College Parkway, Fg~ Myer, ~ 33919 Name & Add~ of any ~n(s) to ~ no~fi~ by Clerk's Fc~andcz~ A[CP, Planmng D~'clopmcnt, Inc, 5~ 33 Cast¢llo Drive, ~uite 2, Naples. ~. 34103 Hm~rmg ~forc XXX BCC BZA N¢~spa~r~s}lo~u~d: (Compleleonlyff ~X ~aples Dmlv News Oflmr ~ ~lly R~qulr~d Pro~ Tern: (Include legal d¢~npuon & common l~uon ~~~¢d. repre~ming Mas~er~mR H~m¢$, L~d., r~q~m~ a rezone from "A" A~fi~lm~ ~o ~P~" ~v¢lopmem ~o ~ knm~._a$ Wyndham Park pl~ for ~ngl~ family and mulli-famlly residenli~l lan~o~, fo~ ~ro~m'l~¢d°nO~w¢~side°fCR'9~lappr°~lma~¢l~.~6°FamHe~u~hoflmm0kalceRo~ ins i n2~ T hi oufl~ Ran ¢26Ea~ IlierCounw ~ nda ¢onsis~in of10O~9 lusormmusacres Companion pcmion(s), if any &proposcd hezmng dalc: . /' Docs I~cff[ion Fcc includc advcrllsin§ cost? ~cs [] No 113-1~23.-6491]0 ~ivis~on t lm~d Dale List ^llachment$; If Yes. ~ha! account should bc charged for advertising costs: Approved b?': Coumy Manager Date ..DISTRIBUTION INSTRUCTIONS For heJrin~ before BCC or BZA: Initiating person to complete one coy *nd obtain Division ileJd ,,ppn~.~l mbmitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessary legal review, or reque.~ for same, is submit/ed lo County Allnrncy before submitting to Counlv Manager. Th'e Manager's oflice will dlslribule cop]e~: · [] Courtly Manager agenda file: to Clerk's Office [] Reque.,.ing Division [] OHl~inal D. Other :'-anngs: Initia~ing Division head lo approve and submit ongimfl to Clerk's Office. retaining a copy for file. FOR CLi 'S OFFICE USE ONL',r': .............. --~'--__ .............................. I ............ I I[1'-- - I I[11 II F~ OP' P/~E~ /ff ( II'~CLUDII~n~ T]IIS TO: p,.~ pv.gEl,[' I.d~.~Cilq: NAPI.ES I)AII,Y NEWS EI,I, IE [IOFFMAN LOCATION: COI'J.Tt~ COUNTY COURTHOUSE,. 774-8408 774-8406 NOTICE Of; .......... " '' C' ' Notice is hereby given that on TUESDAY, I.'I.:I~RUARY 9, 1999, [n t:he Boardroom,, 3rd Floor, Administration Building, Collier Count:y Government Center, 3201. East Tamiami Trail, Naples, Florida, the of County Commissioners will consiclur the enact:m?~t, gl a County Ordinance. The fneeting will commence at: 9:00 A.M. The title of proposed Ordinance is as follows: AN ORDII,~ANCE AMENDING ORDi~IANCE NUMBER 91-102, 'F}fE COLLIER (/O(JNTY LAND DEVELOPMENT CODE W}iICH INCLUDES THE COMPREffENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FI,ORIDA BY 7d4ENDING THE OFFICIAL ZONING ATLAS I~P NUMBER 8627S; BY CllANGING THE ZONIt~G CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WYNDHAM PARK PUD FOR SINGLE FAMILY AND MULTI-FAMILY RESIDENq'IAI, LAHD USES, LOCATED O[~ 'I'}fE WEST SIDE OF C.R. 951 APPI{OXIMATELY 0.6 MILE SOUTH OF IMMOKA[,EE ROAD (C.R. 246) [[~ SECTIOH 27, SOUTH, FAr;GE 26 EAST, COLI,IER COUi~'FY, FLORIDA, (fO[~SIfYI'ltK; 120.85~ ACRES; Ai;D BY PROVIDI[:G AN EFFECTIVE DATE. DATE. Petition No. PUD-98-7, Mict~ael R. Fernandez, ArCP, of Planning Development incorporated, representing Mastercraft Homes, Ltd., requesting a rezone from 'A" A.qriculture to "PUD", Planned [Jnit Development to be known as :';yndha:n Park PUD. Copies of the proposed Ordi~ancc~ are on file with the Clerk ti() tl~e Board and are a'/ailable for irur;pecttion. All invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item m~:r;L regi:';l, er with she County administrator prior to presentation o~ the agenda item to be addressed. Individual speakers will be limited to 5 minutes or: any item. The selection of an 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 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written material.~; intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing-. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a <!ecisio:~ ,9£ ~.h,~ Board wi 1.1 need a record of the proceedings pertaining thereto and therefore, may need to ensnare that a verbatim record of the procc, odinfj:~ i:; made, record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COI.2dISSIONERS COLLIER COUNTY, FLORIDA P;d4ELA S. ~.AC' KIE, CHAIPJ,L~.N DWIGHT E. BROCK, CLERK By: /s/Eliie Ho[fman, Depuroy (SEAL) Clerk January 15, 1999 Ms. Pam Perretl Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-7 Dear Para: Please advertise the above referenced notice one time, on Sunday, January 24, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Ho~= ~=man, Deputy Clerk Purchase Order No. 912501 January 15, 1999 Hastercraft Homes, Ltd. 9311 College Parkway Fort Myers, FL 33919 Re: Notice of Public Hearing to Consider Petition PUD-98-7, Wyndham Park PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Com~missioners on Tuesday, February 9, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 24, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 1 January 15, 1999 Mr. Michael R. Fernandez, AICP Planning Development, Inc. 5133 Castel!o Drive, Suite 2 Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD--98-7, Wyndham Park PUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 9, 1999, as indicated on the enclosed notice. The legal notice [)ertaining to this petition will be published in the Naples Daily News on Sunday, January 24, 1999. You are invited [o at~end this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 2 .A_'; CRSi:;;-2{CE A24ENDi:iG ORDI:;2d';CE ::UMBER 9i-i02 THE COLLIER COb~TY ~iND DEVELOPMENT 2ODE WHICH iNCLUDES THE COMPREHENSIVE ZONi:;G REGU~XTIONS FOR THE LlliNCORPO~TED AREA OF COLLIER CO~TY, FLORIDA BY ;C<E~;DI:~G THE OFFICIAL ZONING AT.iS P~AP :'lUMBER 8627S; BY C~2{GING THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" P~NNED ~,;il' DEVELOPMENT ?2{O','/N AS ?;YNDFJd4 PARK Pb~ FOR Si:;GLE FAMILY AND :{ULTi-FA2<ILY RESIDENTIAL ~ND USES, LOCATED ON WEST SiDE OF C.R.951 APPROXI;Z~TELY 0.6 MILE SOUTN OF IMMOY~LEE ROAD (C.R. 846) i:; SECTION 27, TO}~SHIP 48 SOUTH, ~GE 26 EAST, COLLIER CO~TY, FLORIDA, CONSISTING OF 120.85~ ACRES; AND BY PROViDII;G ;,2{ EFFECTIVE DATE. ........... ~ ......... Cf Pia:Irll::~: Le';eiopment: -.c~.~o_a~_. , -- ......... s s~ercraft Hot. es. hti., pe~l~ioned the Board cf County Ccmmzsszoners ~o chana~ -~ zon:na classification cf the herein descr:bed real properzy; NOW, THEREFORE Commlss:cr. ersc~ Coilzer CZ'd::ty, F!or~da: SECTION ONE; The zoning ~ - ~ n ..... , a_oc~.s_n real prcperty !cca~ed ~n Sec%~cn 27, Township 48 Sou-~ Range 26 East, Cci~i~ Count-/ Ficr~da ~s chanced :rcm "A" Aor:cui~ure to "PUD" Documen:, a~:ached hereto as ~xh'bi~ "A" and '~c~2~-- ......... :~ed by re[erence herein. 'lhe Off:cLa2 Zon:n~ A~!as :,:ap :;umber 8622S, as described in Ordinance :;umaer 9i-202, ~he Ccll:er County Land Deveio~men~ Code, :s hereby amended accord:ngly. SECTION TWQ; This Crdlnance shall become effect'ye u~on f!iin~ with the Department PASSED AND DULY A~OPTED by the Board of County Commissioners of Collier County, F!orida, this day of , !999. ~OARD OF COL%4TY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: P;~ELA S. MAC'KIE, Chairman Approved as to Form and Legal Sufficiency Marjo~ie M. Student Assistant County Attorney f/PUD- 98-7 ORDINAl;CE/ WYNDHAM PARK PLANNED UNIT DEVELOPMENT REGUL.'VFIONS AND SUPPORTING MASTER lq. AN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND I)EVELOPMENT CODE Prepared For: Y, lastercraft }{omes. LTD. o311 College Parkway Ft. Myers. Florida Prepared By: Michael R. Fernandez, AICP of Banks Engineering, inc./Planning Development Incorporated Joint Venture 5133 Caste[lo Drive Suite 2 Naples. Florida 34103 941 / 263-6934 -~LL, "~ '" ( PUD98-7 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 12.04.98 Exhibit A TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXttIBITS AND T..\BLES STATE.XIENT OF CO.~IPI. I..\NCE PAGE TI tRU PAGE SECTION I II III PROPERTY O\'~,~ERSHIP & DESCRIPTION I-1 PROJECT DEVELOP,X. IF, NT REQUIREMENTS 2-1 LO\V TO .XlEDIU.~I DENSITY RESIDENTI..XL ARE..\S PI,AN 3-1 DE\:ELOPXIENT CO.~I.MIT.M ENTS .~-1 ii 1-2 ;-6 4-4 2 ,4 LIST OF EXHIBITS AND TABLES EXttlBIT A EXHIBIT B EXHIBIT C TABLE I TABLE ti PUD Master Plan Exhibit PUD Location Map Water .Xlanagement Concept Plan ',,Vyndhan'~ Park Estimated Land Use Summarv Summar5' or' Development Standards for All Residential Structures .oo 111 STATEMENT OF CO.",IPLIANCE The development of approximately 120.85 acres of property in Collier Count;'. ~ a Planned Unit De:'elopment to be known as \Vyndham Park will be in compliance with the ~0als. objectives and policies or' Collier Count',' as set forth in the Comprehensive Plan. The residential facilities of' Wyndham P,"u'k will be consistent with applicable comprehensive planning objectives of each oft. he elements or' the Comprehensive Plaa~ for the follo:ving reasons: The project development is compatible and complementary to existing and sur-rounding land uses as required in Policy 5.4. of the Future Land Use Element. futurc 'Die project development will result in an efficient and economical extension of community o Dacilities ,.nd ser.'ices as rccuired in Policies ;.1.H and [. oI'the Future Land Use Element. 'fEe project will be served bva complete range of sc,'-v~ces and utilities as approved bv the Counts'. The ~,'oject is compatible with adjacent land uses through thc internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. All final local development orders :'or this project are subject to the Collier Count,,' Adequate Public Facilities Ordinance. "Fac subject property is within the L'rban Residential Land Use Dcsitmation as identified on the Future Land Use .Xlap as required in Objective I. Policy 5.1 and Policy 5.3 of the Future [.and Use Elemenu FLUE'~ and therelbre is eligible for the base density as provided by the FLUE Density Rating System. The proposed density lbr the project is 3.66 units per acre v,'hich is less than the maximum density provided by thc FLUE Density Rating System contained in the FLUE and there~bre is consistent with the Future Land Use Element Policy Base density tbr the project is/bur (4) dwelling units per acre..-\ portion of the parcel. 47 acres is within the one mile radius density band of the lmmokalee/CR 951 Activity Center and therefore is eligible lbr an additional (3) units per acre. The project's eligibl~ density is therefore is 47 acres at 7 Wa yielding 329 units and 73.85 acres at 4 u/a yielding 295 units: the sum project potential is 624 units or 5.2 Wa. In summas'?', the subject properLv has mn area of 120.85 acres and is proposed to be developed with maximum of 442 units. The project site will have a density of 3.66 units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. .411 final local development orders Ibr this project are subject to thc Collier Count',' Adequate Public Facilities Ordinance. 1.1 [ '1 1.4 SECTION I PROPERTY OWNERSItlP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions or'the property proposed to bc developed under the project name of Wyndham Park. LEGAL DESCRIPTION Thc subject property being: A TR.ACT OR PARCEL OF I,AND $1TUA'FED IN TIlE STATE OF FI,()RIDA. COI;NTY OF COI.LIL:R. LYING IN SECTION '- rOWNSttIP a8 SOUTIf. RANGE 26 E..\ST...\ND BEING FUR'Fi [ER BOUND .-\ND DESCRIBED .AS FOLLOWS: TIlE NORTIf ': C')F TIlE SOIJTtt 'i C)F TIIE NORTIt 'i c)F Till! SOl :'l'lll!A:q'l' 14: I'Iti.: SOl Jl'll t: OF \'tie NORI'ItE..\S]- 1.4 OF DIE SOU'DtWEST I/4; TIlE NORT}t ',~ OF TIlE SOU]'ItEAST I/.l OF TIlE SOUTi IWEST I/4: T} {E SO[JTtt [5 OF Tt {E NORTI IWEST 1/4 OF T} IE SOUTI {WEST I/4; TI tE NORTH % OF THE SOUTllWEST I/4 OF TltE SOUTHWEST 1/4: THE SOUTH ',5 OF THE SOUTttWEST I/4 OF THE SOUTttWEST 1,'4 OF SECTION 27. TOWNSHIP 48 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA LESS THE PORTION TttEREOF CONSTITUTION ROAD RIGItT OF WAY FOR COUNTY ROADr-951. SAID LANDS SITUATE LYING AND BEING IN COLLIER COUNTY. FLORIDA. LESS AND EXCEPT ,'DIEREFROM TIlE EAST I00 FEET OF SECTION 27. TOWNSIIIP ,;8 SOUT}t. RANGE 26 E..XST. ItAVING BEEN CONVEYED 'FO'FIlE STATE OF FI.ORIDA FROM TIiE USE ..\ND BENEFIT OF THE STATE ROAD DEPARTMENT OF FLORIDA IN DEE[) \:It. ED UNDER CLERK'S FILE No. 57-:'82 IN OFFICIAL RECORDS BOOK 13. AT PAGE 61. PARCEL ~O., ~:~I.,S I20.85 ACRES..,IORE OR I.ESS. PROPERTY O~.~,' ,'NERSIll p The subject proper'ty is under uni fled control through contracts Ibr purchase agreements. The purchaser is Mastercraft l tomes. Ltd.. hereafter called "applicant or de\ eloper '. GENERA[, DESCRIPTION OF PROPERTY AREA A. The project site is located within Section 27, Township 48S, Range 26 E, Collier Count','. The parcel of approximately 121 acres is located adjacent to m~d west of CR 951 and approximately 0.6 of a mile south of lmmokalee Road. The site is also adjacent to and directly south of Oak Ridge Middle School. The zoning classification of the subject property prior to the date of this approved PUD Document was A./Agriculture. I-1 1.5 PHYSICAL DESCRIPTION The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and has been or is currently utilized for agricultural crop production or pasture lands. It is, therefore, generally clear ofvegctation. The site has a limited amount of existing vegetation which is located on the parcel's eastern edge in proximity of CR 951 and the project's singular proposed access. The site has the following designation relative to flood -FEMA Flood ,,\rea Zone X, Finn Map Panel 215 o£1125 Community Panel No. 120067 0215 D: .',,lap Revised June 3. 1986. 1.6 PROJECT DESCRIPTION Wyndham Park is a planned development consisting ora mixture of single of single family and multi-family units. Access to the subject parcel will be from the parcel's frontage on CR 951. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "\Vyndham Park: Planned Unit Development Ordinance." 1-2 "1 PURPOSE SECTION II PRO,IECT DEVELOP,'~IENT REQUIREMENTS The purpose of this Section is to delineate and ~zcncrallv describe the project's plan of development, relationships to applicable County ordinances, the respective land uses of thc tracts included in the project, as well as other project relationships. GENER..\I. Do R. eguiations Ibr development of Wyndham Park shall be in accordance with the contents of this document. PUD-Planned Unit Development District and other applicable sections and pans o£ the Collier Count,,' Land Development Code and Comprehensive Plan in effect at the time of issuance ol:'anv development order to wifich said regulations relate '.~,'hich authorizes the constructio'n of improvements such as Final Subdivision Plat. Final Site Developrnent Plan. Excavation Permit and Preliminary Work :\uthori:,',ation. Where the regulations o/'this PUD Document fail to provide developmental standards then the provisions of the most similar district in the Count,.' Land Development Code shall apply. Unless other',.vise noted, the delinitions of all terms shall be the same as the definitions set I'onh in Collier County Land Development Code in effect at the time of building permit application. ..'~tt conditions imposed and ail graphic material presented dcNcting restrictions tbr the ci~:vclopment or' V','yndham Park shall become part of the regulations which govern the manner in which the PUD site ma,.' be developed. Unless modified. ,.valved or excepted by this PUD document or associated exhibits. the provisions of other land development codes where applicable remain in full force and efl'ect with respect to the development of the land which comprises this PUD. Development permitted bv the approval of this petition ,.viii be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. "1 2.3 DESCRIPTION OF PROJECT PI.AN AND PROPOSED I.AND I.~SES The project Master Plan. including and use of land for the acreage noted, is illustrated graphically bv Exhibit ":V'. PUD Master Plan. ..TABI.E I: WYNDliAM PARK ESTIMATED LAND USE SUMMARY TYPE UNITS ACREAGE TP,,-\CT A Low to Medium Density Residential 82 21 TRACT B Lo,.,,' to Medium Density Residential 160 40 TRACT C Lo,.,.' to *ledium Density Residential 200 60 This acreage includes open space or recreational areas that rna,.' be located within residential acreage. Table I is a schedule of the intended land uses. with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (E,,c.hibit "A"). The Master Development Plan is an illustrative preliminary, development plan. Design criteria and layout that is illustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project's development, as set Ibrth in this document. Modification to all boundaries ma.,,' be permitted at the time of Prelimina~' Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or ,"ks otherwise permitted by this PUD document. 2.4 In addition to the various areas and specific items shov.'n in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts or acreage as may be necessaq,.'. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF I.AND USE 2.5 The project shall be developed at a maximum density of 3.66 dwelling units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier Cot.mD. governmental agency to insure compliance with the 2-2 2.6 PUD .Xlaster Plan. and as applicable, the Collier Count.,,' Subdivisio'n Code and the platting la,,vs of the State of Florida. Exhibit ".-V'. PUD .Xlaster Plan. constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. An.,.' division of property and the development of the land shall be in compliance v.'ith Division 3.2 of the Collier County Land Development Code. and the platting laws of the State of Florida. The provisions of I)ivision 3.3 oI'the Collier County Land Development Code. ,.,,'hen applicable, shail apply to the development oi'all platted tracts, or parcels of land as provided in said Division prior to the :ssuance of a building permit or ,~,thcr ,.it'. tier merit order. Appropriate instruments ,,,.'ill be provided at th,.: time of infrastructure improvements regarding an,,' dedications and method for providing perpetual maintenance of common facilities. Except as provided herein, the design and construction of ail improvements st~all be subject ~o compliance with the appropriate provisions of thc Collier Ctmntv Land Development Code I)ivision 3.2. The development of any tract or parcel approved for residential dcvek>pmcnt contemplating fee simple ov.'nership of land it'or each dwelling unit shall be required to submit and receive approval ora Preiiminars' Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal o~*co~,.struc~ion plans and a final plat for any portion or,he tract or parcel. .',.IODE[. I f().',.ll'!S ..\ND .S..\t.i'.'S F..',.CII.ITII:.S .'vlodel homes, model home centers including a sales ccnter(s~ shall be permitted in conjunction v,'ith the promotion of the residential development of said tract subject to the following: .A. Models mav be constructed prior to recording oI'a plat. 3. Models may be permitted as "dp,' models" and must obtain a conditional certificate oI'occupanc5. lbr model purposes only. Models may not be occupied until a permanent certificate of occupancy is issued. 2-3 2.7 2.8 2.9 2.10 Co Models ma.,,' not be utilized as "sales offices" without appro~,al by aCnd through the Site Development Plan process. The SDP process shall not be required for dry. models pursuant to this section. Prior to the recording of an.',' plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks and the like as set forth herein. If platting is required, corrective deeds shall be recorded once the plat is recorded. Temporar?' access and utility easements mav be provided in lieu of dedicated rights-ot'-way for temporars' sen'ice to model homes. LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal usc throughout Wyndham Park. DEVELOPMENT SCHEDI..'LE The applicant estimates completion of improvements to the property should occur by January 2004. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PI.A:N Amendments may be made to the PUD as provided in the Collier Count',' Land Development Code. Section 2.7.3.5. ASSOCIATION OF PROPERTY O\k ."NERS FOR COMMON ARE.,\ MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property, within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment ora Property. Owners' Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County. Land Development Code. Section 2.2.20.3.8. 2-.4 2. !1 ()PEN SPACE REO. UIRE,XlENTS 2.12 2.14 2.15 A combination of the lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 of the LDC. Open space shall include all pen'ious green space within development parcels and lots. AGRICULTURAL ACTIVITIES The site has previously been mid is currently utilized for agricultural purposes. Agricultural activities, as defined in the LDC. shall continue to be a permitted use throughout the project until such time as residential development has commenced. [-_'..\SE.\lENTS Fr)R I'TIi. ITIES All necessar,.' easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all sen'ice utilities in compliance with applicable regulations in effect at the time of development approvals. COMMON ,.',,RE.-\ MAINTENANCE Common area maintenance, including thc maintenance or'common facilities, open spaces, water management facilities shall be the responsibility of the Developer, their successor or assign. HISTORIC'-\L'A RCIIAEOI'.OGIC.\ L IMPACT Pursuant to Section 2.2.25.8. I of the Land Dc;'elopment Code. ii'. during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development v,'ithin the minimum area necessary to protect the discovery shall be immediately stopped and the Collier Count:,' Code Enforcement Department contacted. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Wyndham Park PUD. General permitted uses are those uses which general serve the Developer and residents of Wyndham Park PUD and are typically part of the common infrastructure or are considered community facilities. 2-5 :\. General Permitted Uses: Essential services as set forth under Collier County Land Development Code. Section 2.6.9.1. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses. gatchouscs, and access control structures. Community and recreational facilities, community centers. Temporar3.' construction, sales, and administrative offices lbr the Developer and Developer's authorized contractors and consultants, including necessary access ways. parking areas and related uses. subject to the requirements set forth in the Collier Count',' I.and Development Code. Landscape t'eatures including but not limited to landscape buffers, bcrms, fences and architecturally designed :*,'ails. Fill storage subject to the standards set forth in thc Collier County I.and Development Code. .-\nv other use which is comparable in nature with thc lbrcuoinu uses and which the Development Sen'ices Director determines to be compatible. Development Standards: Unless otherwise set Ibrth in this document the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - eighteen feet (18') except for guard houses, gatehouses, and access control structures which shall have no required setback. Sidewalks and bikepaths may occur within required buffers, ho.*vever the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk or bikepath. 2-6 "17 2.18 LAKE SETBACKS AND F~XC..\\'.-VI'IONS The required setback to any right-of-way, roadwa`,' access easement or external proper'ty lines shall be thirty/,303 feet if fenced. The required setback to any property line, tract line or structures internal to the development or to structures shall be zero (0') feet. Lakes may be excavated as de`,'elopment excavations to a maximum depth of twenty (20') feet. FILL STORAGE Fill storage is generally' permitted as a principal use throughout the project. Fill material generated may be temporarily stockpiled within areas designated for residential development. "f't~e following standards shall apply: Stockpile maximum slope: 3 to I {horizontal to vertical} Stockpile maximum height: Thirty-five (35') feet Fill storage areas shall be no closer than three hundred 1300') l'cet from any developed residential properties, except as may otherwise be approved by Collier Count',' Engineerintz Review Services pursuant to a submitted grading and filling plan. Soil erosion control shall be provided in accordance with the Collier County [.and Development Code, Division 3.7. In order to properly' utilize the Illl exca`,'ated from the proposed lakes, the site may be filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the [.DC. 2.19 S[.'BSTITI 'TIC)NS TO 541 'BDIVISION RI:.GI YI...\TIC)NS The following design substitutions shall apply: LDC Section .3.2.8.3.19: Street name signs shall be approved by the Development Sen'ices Director but need not meet the U.S.D.O.T.F.tt.W.A. Manual on Uniform Traffic Control Devices. Internal street pavement painting and reflective edging requirements shall be waived. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and their right-of-way widths shall be fifty (50') feet except as neccssao' to accommodate turning lanes at the Project's main entrance. LDC Section 3.2.8.4.16.6: The 1.000-foot length for cul-de-sac streets shall be waived. The maximum length ora cul-de-sac street shall be 1.800 feet. LDC Section 3.2.8.4.16.10: The requirement for tangcnts between reverse curves shall be v.'ai`,'ed. 2-7 LDC Section 3."'.8.4.16. I2.d: The requirement for asphaltic courses shall be ,.vaived to allow the use ot'a surface course oI'paver brick or decorative concrete pavement. 2-g SECTION lll LOW TO MEDIUM I)ENSITY RESIDENTIAL AI~.EAS PLAN 2.1 PI.'RPOSE The purpose of this Section is to identify specific development standards tbr the area designated on Exhibit "..V' as Tracts .-\. B and C. M.AXIXII.'.Xl D\VEL[.ING I'NITS Fhere shall be a maximum oi'4.12 residential units developed ,.vithin the project's residenti:~l tracts. I'SES Pl'-.' R.X 11 T'l"r{ D Residential areas designated on the Master Plan are to accommodate a tull ramze of residential dwelling units, recreational facilities, essential sera'ices, customap,,' ~ccessorv uses. and compatible land uses. Muhi-family uses shall not be mixed with single famiiy uses on the same platted tract. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached t'amiiv structures. ..\t the continuous lot line between single fa~iiv detached anti multiple family housing units or a dissimilar housing type. a landscape buffer I separately or on the tract or'the higher density unitl of at least twenty 120/feet shall be provided. This buffer shall minimally meet the requirements of the LDC's Type "B" landscape buffer. No building or structure, or part thereot: shall be erected, ahered or used. or land used. in ,.,.'hole or in part. for other than the following: :\. Principal Uses: Single family detached, single family attached, cluster development ,'md muhi-familv development. (2'/ Duplex and two-family dO'ellings. (3) /ownhouses and garden apartments/condominiums. 3-1 (6) (8) The clustering or ~ouping of housing structure types identified in this document may be permitted on parcels of land under unified ownership, or as may be othem'ise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier Count,,,' Land Development Code. Open space or preserve area. Water management facilities and lakes. Guard houses and entrance gates. ,-tn'.' other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. .-\cccssor~' U'ses: 3.4 (1) Uses and structures that are accessory and incidental to permitted uses, including private garages. (2) Recreational uses and facilities such as swimming pools, tennis courts and children's playground areas and similar facilities that serve as an integral part ora residential development. Such uses shall be x'isuallv and functionally compatible v,'ith the adjacent residences which have use of such facilities. .-\nv other use which is comparable in nature with the lbregoing uses and which the Development Services Director determines to be compatible. DEVELOPMENT STANDARDS (See Table II, for greater specificity) GENEIL,\L: All yards and setbacks shall be in relation to the individual parcel boundaries, except as othemSse provided. Generally whenever the word "setback" is used relative to a measurement betxveen the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: I) If the parcel is sen'ed by a public or private right-oI:v,'ay, setback is measured from the adjacent right-of-way line. 3-2 If the parcel is served by a non-platted private drive, setback' is measured from the back of curb or edge of'pavement. 3~ If the parcel is ser'.'ed bv a platted private drive, setback is measured from the road easement or property line. 4) Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be an enclosed space. 5') When principal buildings front upon a common parking area. which in turn fronts upon a public or private right-of-v,'ay or non-platted drive, a minimum distance of ten 110) feet shall separate the principal building and an',' related parking facility, and a green belt of ten (10'1 feet shall separate said right-of-v, ay. or other non-platted private drive from the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such uses a parking apron of at least fifteen Il 5) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or twenty (20') feet when a setback includes a sidewalk. M..\XI M U.',.! HEIGHT In order to provide a forrn ora compatibility within the context of existing residential development within Collier Count.',', the maximum number of stories permitted shall be three 13) habitable floors for a maximum height of 35 feet. STREET TREE REQUIRE,IENT Street trees shall be provided throughout the development..-\ street tree plan shall be submitted for staff review and approval as appropriate. Street trees ma.,,' be placed within residential lots and shall be installed prior to or concurrent with thc construction of individual dwelling units or structures in proximity to the roadway or accesswav. PEPJ41TTED USES S TAL~D~3.D S :41:;. LOT A.REA PER S TRUC?~..E OR PER DWELLING L~.;IT MIN. LOT WIDI'H MI,.:. AT'EP-AGE CCP~ LENG ~"H :411;. SiTE DEPTiH MULTIPLE F~34ILY STRUCTLrRES S INGLE FAf41 LY ZERO 2 - FA/d I LY ,' D,ETACZYED Lq ..... = DUPLEX .T. 0'~7 ~H. OUS E 'APARTMENTS g,CO0 4,800 .,~ 400 1,800 ONE ACRE 50 40 24 18 150 FEET 26 26 20 16 18 FEET i00 100 100 !00 100 FEET FRO:~ 'fAP~ SETBACK (i) PRINCIPAL STRUC.--URE 'ii) ACCESSORY FOR SiDE Y;JAD S_._~C.., ~R ~.,C~P~ A2rO ACCESSORY STRUC .T'~?.E S M INIM/3M DISTAS;CE B ET'.qE EN S TRUC%'JRE S '8 18 lB 25 FEET N/A LC' 10* 10' FEET 7 5 5*'CB 0'' 7 5 ' 7.5.*- 15'** FEET i0 !0 10 i0 15'** FEET REAR YARD SETBACK (i) PRINCIPAL STRUC%-b~E 20 15 15'' 15''' 15'** FEET (ii) ACCESSORY STRUCturE i0 i0 it'' 19''' 5''' FEET ?3J<. BUILDING HEIGHT (i) A.BOVE :4FL i00 Y~=-AR 25 25 35 42 42 FEET (ii) ACCESSORY STRUC~JRE 35 35 35 35 35 FEET FLOOR AP. EA M!NiF/3~4/D . U. 1,200 !,000 !,000 1,000 800 S.F. Notes: (i) 'Walls and s~m~lar s~m~actures shall have a setback of five {5) feet along the development's boundarles along public rlght-of-way ~d a setback of cwo (2) fee~ along other perimeter tract ~f where not ~utting inte~al development tracts and a m~imum height of 12 fe~t as measur from the lowest centerline grade of the nearesc p~lic or prlvate right-of-way or easement. 15 FE~ IF SETEACK iN~.D~ES SID~W~K '' ~f FEET IF SETBACK ~C~ERS A ~'S ~I~CE ~ ''' OR ~F ~E Sb~ CF ~E HEIG~ OF ~E S~U~S, ~I~R iS GRATER: ~WE~f FEET IF 3-4 DE\.'ELOP.MENT STAND..\RDS FOR STRUCTURES WITHIN RECREATIONAI. TRACTS A. Setbacks I. Front Yard: 25 feet 2. Side Yard: 25 feet ';. Rear Yard: 25 feet B. .",la..ximum t-t¢ight: 35 feet or three ('3'~ stories, whichever is least. C. .Minimum Lot \Vidth: 75 D. .Minimum Lot De?th: 75 feet E. Minimum Lot ..',,rea: 6.000 square feet F. Minimum Dist~cc Between Structures 10 feet ..3-5 SECTION IV DEVELOP*lENT COMMITMENTS 4. I PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAl. 4.3 4.4 .411 £aciiities shall be const,-ucted in accordance with Final Site Development Plans. Final Subdivision Plans and all applicabie State and local laws. codes and regulations applicable to this PUD. Except '.','here specifically noted or stated other¥;ise, the standards and specifications of the Land Development Code. Division 3.2 shall apply to this project even if the land '.,,5thin the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, agree to follow the Minster Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, an,,,' successor or assignee in title is bound by the commitments within this agreement. PUD MASTER PLAN A. Exhibit "..V'. PUD Master Plan. illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. All necessary, easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. MONITORING REPORT .AND SU~'NSET PROVISIONS The Wyndham Park PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 4-I 4.5 [3. Monitoring Report: :\n annual monitoring report shall be submitteci pursuant to Section 2.7.3.6 of the Collier CounD' Land Development Code. ' N ' FRA; SPORT..XTtON The development of the PUD Master Plan shall be subject to and governed by the following conditions: Ao .,L,-ter/al level lighting shall be provided at the PUD's access point to public right- of-way concurrent with the development of thc entry road. The Developer shall provide right turn and left turn lanes at the project's proposed access from CR 951 concurrent with the development of the entr2.,' road. The Developer shall bear the cost or'these improvements which are not subject to impact fee credits. Under the present two-lane condition of CR-95 I. thc project ma,,.' enjoy unconstrained access to and from the north and south. Under ans' future four-lane or six-lane condition of CR-951, there may or may not be a median opening to serve the project. Nothing in any developmer~t order'shall vest the project with any right of access over and above a right-in/right-out condition. Neither shall the existence or lack ora future median opening be the basis for ans' future cause of action for damages against the Countv by thc project developer, successor in title or assigns. ",","hen requested by the Count.,,', and subject to the approval of the a Developer's Contribution Agreement for road impact fee credits Ibr the fair market value of the dedication, pursuant to Ordinance 92-22. as amended, the developer shall dedicate up to sixty (60) feet of right-of-way along CR 951 for future roadway, bike path and drainage improvements. Suc~ dedication shall not be deducted from the PUD propert?, for purposes for determining yards, lot area or lot dimensions. This dedication shall occur within one hundred and twenty (I 20) days of the County's request. Fo Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass through transmission of historical roadsvav runoff. [n addition, site drainage shall not be permitted to discharge directly into any roadway drainage system not specifically designed for such discharge. 4-2 -1.6 SIGNAGE Project identilication signa~ue Ibr thc residential component of this PUD may be developed at all project entrances in addition to other siunaue._ . All signage shall be subject to the provisions of Division 2.5 of the Land Development Code. 4.7 SITE LIGHTING Lighting facilities shall be arranged in a manner which ,,vitl protect roadways and neighborhood residential properties from direct glare or other interference. 4.8 ENVIRONMENT..\I. Petitioner shall provide tx~t:nty.llve percent (25%} retained native veuetation as required by Section 3.9.5.5 of the Land Development Code. The location oft~e retained vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat (PSP) or Site Development Plan (SDP), whichever is earlier, for ,"tn5' portion of the subject property. Retained vegetation shall be preserved in its entirety with all trees, understorv and ground cover left intact and undisturbed, expect for prohibited exotic species removal. Environmental permitting shall be i.n accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier Count.,,' jurisdictional wetlands All conser','ation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Consen'ation areas shall be dedicated on the plat to the project's homeowners' ~sociation or like entity lbr ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward from the edge of the wetland preserve in all places and averaging twenty-five (25') feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance vdth the state of Florida Environmental Resource Permit rules and be subject to review and approval bv Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan tbr the site, with emphasis on the conservation/preservation areas, shall be submitted to Current 4-3 4.9 4.I0 4.11 4.12 Planning Environmental Staff for reviev,' and approval prior to Iinal site plan/construction approval. WATER MANAGEMENT AND DRAINAGE OUTFALL FOR ,.\BUTTING PROPERTIES The project is within the limits of the Harvey Drainage Basin Stud>', and. as such, ,,viii conform to the requirements set tbnh by the County Water Management Director for easements and discharge rates. Petitioner shall provide an outfall ditch within a thirty 130') Ibm drainage easement along portions or'the project as shown by Exhibit F. Water .Management Concept Plan. attached to this PUD document, to provide a drainage outfall Ibr abutting properties ,r'()l- LING PI.ACES This PUD is subject to thc provisions in Section 2.6.30 of the LDC. I.;TII.ITIES All required utility services are available lbr this project. To '.,.'it: Water and ".Vastewater Disposal: 'Dmse utility services are to provided by Collier County Utilities. The Project is proposed to connect to an existing 24" water main on the west side of CR-951 and to a proposed 8" force main on the east side. Electric Pnwer: This utilit`"' service is to be provided by Florida Power and [.ight Company. The Project is proposed to connect to an existing aerial feeder along the westerly boundary of the Project adjacent to thc existing Harvey Basin ditch. Telephone_ This utility sen'ice is to be provided by UTS/Sprint. Thc Project is proposed to be connected to existing £ncilities within the CR-951 right-ol:way. pEDESTRIAN CIRCULATION Subject to the approval of Collier County Public Schools as to location and cross section. the proposed project improvements will include the construction ora connection of the internal pedestrian or bicycle circulation system(s) to the abutting campus of Oak Ridge Middle School. ' 4..4 PUD EXHIBIT "A " ==, SITE LOCATION MAP SECTION 2 7 TOWNSHIP 48 SOUTH, RANGE COLLIER COUNTY, FLORIDA 26 EAST Proles~onaJ £nimee:l. Plannera & [and LOCATION MAP WYNDHAM PARK PUD COLLIER COUNTY, FLORIDA ~7,36 DR'U njp Fit '~. t. S. EXHIBIT "C" NapLes Daily Neus Naples, FL ]4102 Affidavit of Publication Naples Daily elevs BOARD OF ¢O~JNTY COHMISSI~IERS ATTN: HZATTA SIRLEAF PO BOX &13016 NAPLES FL 34101-3016 REFERENCE: 001230 ~912501 5781~37~ 91-102/PUD-98-7 uOT[ State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Nays, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said nevsbaper o~ dates listed. Affiant further says that the said Naples Daily Ne~s ia a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first ~Jblication of the attached cof~y of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLZSNED ON: 01/24 AD SPACE: 141.GOO INCH FILE0 Off: 01/25/79 Signature of Affiant ' '' Sworn to and Subscribed before me thi, ~L~.~day of ~ 19~ Personally known by me qi.102/PUD.g8-7 t4OTICE OF IHTEHT TO CONSIDER OF'DINA NCE that on TUESDAY FE~UARY 9, 1~. In the Hoordroom 3rd ~1~ ~ller Co~ ~nme~ C~.3~ Eo~t Tomlaml Trail, ~d ~ C~ C~- VELOP/AENT CODE ViHICH 1~4CLUDES THE COMPREHEtl- ~ ZOtalHG REGU- LATIOHS FOR THE UNINCORPORATED BY A~,~UDIUG THE O~FtCIAL ZOt~ING AT. LAS ~AP NUMBER 16~S BY T~ 2Otl IG CLA551- FICATION OF THE HEPEIN DESCRIBED REAL PROPERTY FRO~ "A" AC, RICULo TU~E TO "PUD" PLkhlhlED UIIIT DE- PUD FOR 51t~GLE FA~ILY RESIDEr/- TltL LAIRD U~ LO- GATED OU THE ~IEST SIDE ~ C~. 951 P~OXI~ATELY 0.6 /~ILE ~UTH OF ~OKALEE ~OAD (C~. 146) IN ~CTION 27, TOWt4~IP ~1 ~UTH, RAN~ 36 EAST, C~- LIER COUUTY, DA, COUSISTING OF ensue ~ a v~m BOARD OF ~OUNTY ~ FL OR,DA O~tGHT E, 8ROCK~ ;,:: ORDINANCE ANENDING ORDINANCE NUMBER 91-102 Tile COLLIER COUNTY LAND DEVELOPMENT CODE WHICtt iNCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNiNCORPOPJ.,.TED AREA OF COLLIER COLD, ITY, FLORIDA ,n_y AMENDING THE OFFICIAL ZONING ATI~AS IdAP NUMBER 8627S; BY CHA.UGING THE ZONING ChASSIFiCATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A' A<;RiC':Ji,TJFi.: TO t ~ PLANNED UNIT !.~EVE',~Ot-'MENT KNOW:; AS WY:JDHA;.{ PARK PUD FOR SINGLE FAMILY AND MULTi-FAMILY RESiDENTiAL L;J'.~D USES, LOCATED ON THE ',';EST SiDE OF C.R.951 APPROXI~ZJ~TELY 0.6 MiLE SOUT}{ OF iMMOFJ~LEE ROAD {C.R. 846) iN SECTION 27, TOWNSHIP 48 SOUTH, P~ANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSiSTiNG OF 120.85± ACRES; AND BY PROVIDING ~2'; EFFECTIVE DATE. ,'h.::..,::,~:.;, M. ichae! R Fernandez, AICP of Plan:ting Development Incornoratod reFresr-n'.'l::~ M,'t:~t.r'IcFaft t{otn~f;, !,t.[l [~r,l_i' i()ll(.t the Board cf Count':' Commissioners to change the zoning classlfica%:on of the herein described real property; NOW, THEREFORE BE IT ORDAIHED by the Board of County Co:nm:ssloners of Cott~er Count. y, Florida: The zsn~ng c!assificet~on of the herein described real 9roperty !oc~tel ~n Section 27, Township 48 South, Range 26 East, Collier Counny, Fioride, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Wyndham Park PUD Document, ar~tasned hereto es Exhibit "A" and ~ncorporated by reference herein. The O~ficiai Zoning Ati~s Map ~:umber 8627S, as ~.~ ~r ~ -_02, .he Co~lle County Land Development Code, is hereby amended accordingly. SECTION TWO~ Th:s Ordinance shall become effective upon filing with the Department of State. .mASSED AND DULY ADOPTED by the Board of County Commissioners 1999. · AiTEST: D~G~T E. BROCK, Clerk BOARD OF COL%[TY COMMISSIONERS COLLIER COUNTY, FLORIDA ~AHELA S. MAC'KIE, Chairwoman Approved as to Form and Legal Sufficiency Marj~r-'.~ :4. Sr ~:~'-' Assistan~ County Attorney WYNDHAM PARK A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPI'ORTING MASTER PLAN GOVEP, NING A PLANNED UNIT DEVEI.OPMENT PURSUANT TO PROVISIONS OF ]''tie COLLIER COUNTY LAND DEVELOPMENT COI)F. Prepared For: Mastercraft tlomes, LTD. 9311 College Parkway Ft. Myers. Florida Prepared By: .Michad R. Fernandez...\ICP of Banks Engineering, Inc./Planning Development Incorporated Joint Venture 5133 Castello Drive Suite 2 Naples. Florida 34103 941 / 263-6934 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPE:kL DOCUMENT DATE ??-? 12.04.98 Exhibit A T:\FILE OF CONTENTS PAGE TI tRU P,'\G E 'I':\BI.E OF CONTENTS [.IST OF IiXI IIBIT.q ..\."iD 'F.'\BI.ES ST.-VI'E.x. IENT OF C()XIPI.I:\NCI.~ SECTION l II III PROPtiRT'~' O\~..'NERSI-tlP & DESCRIPTION Iol PROJECT DEVELOI'MENT RI-2QUIREMEN'TS 2-1 LOW TO MEDIUM DENSITY RESIDEN'I'I:XL ARE:\S PL:\N 3-1 DEVEI_OPN1ENT CONINIITXIILNTS 4-1 I-2 3-6 4-4 ii LIST OF EXIflBITS AND TABLES EXftlBIT A EXttlBIT B EXHIBIT C TABLE I TABLE il PUD Master Plan Exhibit PUD Location Map Water Management Concept Plan Wyndham Park [£stimated Land Use Summary Summarv of Development Standards tbr ..\11 Residential Structures iii STATEMENT OF COMPI.IANCE The de`.'elopment ofapproximate!y 120.85 acres of property in Collier Counly. as a Planned Unit Development to be known as Wyndham P~k will be in compliance with the goals, objectives and policies of Collier Count,.' as set forth in the Comprehensive Plan. The residential facilities of \Vvndham Park ',,.'ill be consistent with applicable comprehensive planning objectives ofeach ofthe elements of the Comprehensive Plan for thc following reasons: The project development is compatible and complementary to existing and future surrounding !and uses as required in Policv 5.4 of the Future I.and Use F~lemcnt. The project development `.,.'ill result in an efficient and economical extension of community /'acilities and services as required in Pc, licies 3. l.II and I. of the Future l.and Use F. lement. Thc pro. cot x`.iil bc .,,creed by a corp. plcte range of services and utilitics as approved bv County. 4. 5. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and thc proposed development standards contained herein. All final local development orders Ik')r this project are subject to the Collier Count.v .,\dequatc Public Facilities Ordinance. The subject property is within the Urban Residential I,and Usc Dcsiunation as identified on the Future Land Use .Map as required in Objective 1. Policy 5.1 and P()licv 5.3 of thc Future Land Use Elemenu FLUE)and therc:bre is eligible for the base density as provided b'.' thc FLUE Densit`.' Rating S.vstem. The proposed density lbr the project is 3.66 units per acre which is less than the maximum density provided by the FLUE Density Rating System contained in the FLUE and there/'ore is consistent with the Future [.and Use Element Polic,.' 5.1. Base density lbr the project is four (4) d~velling units per acre. A portion of thc parccl. 47 acres is within the one mile radius densit;' band of the Immokalee,'CR 951 Acti`.'ity Center and therefore is eligible for an additional (3) units per acre. The project's eligible density is therefore is 47 acres at 7 tk'a yielding 329 units and 73.85 acres at 4 u/a yielding 295 units: the sum project potential is 624 units or 5.2 u:'a. In summar?', the subject property has an area of 120.85 acres and is proposed to be de'.'eloped with maximum of 442 units. The project site `.,.'ill ha,.'e a density of 3.66 units per acre. This density is deemed consistent with the density provided for by the County's Growth .'xlanagement Plan. 7. All final local deYelopment orders for this project are subject to thc Collier County Adequate Public Facilities Ordinance. I.I 1.3 1.4 SECTION I PROPEI,tTY OWNERSItlP AND I)ESCII. I I'TION The purpose of this Section is to sci forth the location and ownership of the propert?', and to describe the existing conditions of thc properly proposed to bt: developed under thc project name of \Vvndlmm Park. I.EG..\I. I)[:SC RIt TIO.~ Thc subject proper't?' being: ..\ TRACT OR PARCEl. OF LA?;D .'-ITt'ATED IN 'HiE ST..\TE OF FI.ORII)A. COl, .~ 1'5 OF COI.IAER. I.'r'ING I.',i SEC'ilO."; '- FOW:;',;IiIP -:'8 SOUTit. RANGF. 26 E.,kST...\ND I~,F. INC, FtJR'HIER I?,OUND \ND DF. SCRIPA!D ..kS FOI.I.O'd,'S: DIE NORTII :: OF TIlE SOU]it ': OF Tile NORTtl ': OF TIlE SOUTttEAST 1.:4; TIlE SOUTII '5 OF T}tE NORTttEAST 1 4 OF 'FILE SOUTHWEST 1,'4; TIlE NORTtt '.'.' OF TIlE SOUTItEAST 1/.I OF 'File SOUTtt\\'EST I 4: file SOUTtl ti OF '\'tie NORTII\VEST I,'4 OF TIlE SOUT}IWEST I/4: TIlE NORTII '5 OF THE SOUTIt\VEST 1,'4 OF THE SOUTHWEST 1/4: THE SOUTI't ;5 OF TIlE SOUTttWEST I/4 OF 'VILE SOUTt tWF. ST 1'4 OF SECTION 27. TOW'NSIIIP 48 SOUTI t. RANGE 26 EAST, COLLIER COUNTY. FLORIDA \.ESS TIlE PORTION TItEREOF CONSTITUTION ROAD RIG}IT OF WAY FOR COUNTY ROAD =951. SAID LANDS SITUA I'E LYING AND BEING IN COLLIER COUNTY, FLORIDA. LESS AND EXCEPT TItEREFROM TIlE EAST I00 FEET OF SECTION 27. TOWNStlIP 48 SOU'FIt. RANGE 26 EAST. 1lAVING BEEN CONVEYED TO 'FILE STATE OF FI.ORIDA FROM TIlE USE AN[) BENEFIT OF TIlE STATE ROAD DEP.,XRTMENT OF FLORIDA IN DEED FILED UNDER CI.F. RK'S FILE No..;7482 IN OFFICIAL RECORDS BOOK 13. AT PAGE 61. PARCEL CONTAINS 120.85 ACRES. ,",lORE OR LESS. PROPERTY OV~ .~ERSHIP The subject property is under uni fled control through contracts for purchase agreements. Thc purchaser is .Mastercraft Homes. Ltd.. hereafter called "applicant or developer". GENERAl. DESCRIPTION OF PROPERTY AREA ,-\. The project site is located within Section 27. l'ownship 48S, Range 26 E, Collier Count???'. The parcel of approximately 121 acres is located adjacent to and west of CR 951 and approximatel?' 0.6 of a mile south of Immokalee Road. The site is also adjacent to and directly south of Oak Ridge Middle School. The zoning classification of the subject property prior to the date of this approved PUD Document was A/Agriculture. 1-1 1.5 PItYSICAL DESCRiPTI()N The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD and has been or is currently utilized for agricultural crop production or pasture lands. It is. therefore, generally' clear ofvegetation. The site has a limited amount of existing vegetation which is located on the parcel's eastern edge in proximity of CP, 951 and the project's singular proposed access. The site has the follov.'ing designation relative to flood -FE.'xl..\ Flood ..\rea Zone X. Firm .'*lap Panel 215 of1125 Community Panel No. 120067 0215 D:.Xlap Revised June 3. 1986. 1.6 PROJECT DESCRIPTION Wvndham Park is a planned deveh)pmcnt consisting of a mixture of single of single l'amilv and multi-family units. Access to the subject parcel will be from the parcel's frontage on CP, 95I. 1.7 SHORT TITI.E This Ordinance shall be known and cited as the "Wyndham Park Planned Unit Development Ordinance." 1-2 SECTION !I I'RO.IECT I)EVEI.()I'.MENT RI.:QI.'II{E.XlENTS Pi 'RP¢)SF. Thc purpose of this Section is to delineate and ~encraily describe thc project's plan of development, relationships to applicable County ordinances, thc rcspcclivc land uses of thc tracts included in the project, as well as other pr~ect relationships. Gk. ERA,,. Re?.:'iations i'br development of \Vyndham Park shall be in accordance '~'.'it}~ the comer, ts of this document, f't.'D-Planncd [JF~it Development District and ,)thor applicable sections aild parts of tile Collier County [,and Development Code and Con',prchensive Plan in effect at thc time oF issuance of an.,.' development order to which said regulations relate ;vhich authorizes the construction of improvements su~:h as Final Subdivision ['tat. Final Site Development Plan. Excavation Permit and Preliminary \Vork Authorization. \\'here the regulations of this PUD Document l'ail to provide developmental standards then the provisions of tile most similar district in the Count',' l,and Development Code shall apply. Unless other",vise no~ed, the dclinitions of all terms shall be the same as the definitions set forff~ in Collier County [,and Development Code in effect at the time ofbuiiding permit application. All conditions imposed and all graphic material presented depicting rcstrictions for the development of \Vyndham Park shall become part of the regulations which govern the manner in '.vhich the PUD site may be de,.'dopcd. L'nless modified, waived or e::cepted bu' this PUD document or associated exhibits. the provisions of other land development codes v.'hcre applicable remain in tull force and effect with respect to the development of the land which comprises this PUD. Development permitted bv the approval of this petition will be subject to a concurrency reviev.' under the provisions of Division 3.15 Adequate Public Facilities of the Land Development Code at the earliest or next to occur et'either final SI)P approval, final plat approval, or building permit issuance applicable to this development. '"I 2.3 2.4 I)ESCP, IPTION ¢)[: PROJF. CT I~I...\N AND PROPOSI:.I) [.AND :\. The project Master Plan. including and usc of land for thc acreage noted, is illustrated graphically hv Exhibit "A". PUD Master Plan. T..\BI.F. l: \VYNDI !A.Xl PARK ESTI,NI..XTED [.AND USE SUMM,,XI~.Y I,rNITS ACRI!,,\(iIi TP,..\C'T ..\ i,ow to .Xlcdium Density l~.esidcntial 142 21 I'R..\CT [3 Low to .X. lcdium Density P, esidential 160 40 TIC,\C'I' C Low to Medium I)cnsity Residential 200 60 This acreage includes open space or recreational areas that mavbc located wifl~in residential acreage. Table I is a schedule of thc intended land uses. with approximate acreage of thc tt;taI project indicated. Thc arrangement of these land areas is shown on .Master F'lan/Exhibit "A"). The Master Development I'lan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on thc Master Development Plan and other cxMbits supporting this project shall be understood to be flexible so that final design may satis~' development objectives and be consistent with the project's development, as set forth in this document. .X,'lodification to all boundaries ma.',' be permitted at the time of Prelin~inar?,' Subdivision F'lat or .";itc Development l'lan apprc, val. subicct to thc provisions thc Collier County I,and l)cvclopmcnt Code or as othcr,.visc permitted hv this P [.,' D document. In addition to the various areas and specific items shown in Exhibit "A". such easements as necessary (utility. private, semi-public, etc.) shall be established within or along the various tracts or acreage as ma,,' be necessary.'. DF. SCRIPTION OF I'I~,O.ItiCT DI.2X,,'NITY OP, IN'I'I!NSITY ()F I...\NI) I;SI:. 2..5 The project shall be developed at a rnaximum density of 3.66 dwelling units per acre. REI...\TF.D PROJF. CT PI.,,XN .,\I~PP, OVAI. RI'~QI !IP, I'~NIF. N'Ffi A. Prior to the recording ora Record Plat. and/or Condominium Plat for all or part cf the PUD. final plans of all required improvements shall receive approval of the appropriate Collier County' governmental agency' to insure compliance with the 2-2 pi, iD .",faster Plan. and as applicable, the Collier County Subdivision Code and tile platting lav,'s of tile State of Florida. Exhibit "A". PUD Master Plan. constitutes the required PUD Development l'[an. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat. iFapplicable, shall be submitted for the entire area covered bv tile P[JD Master Plan. Anv division of propeFty and the development of the land shall be in compliance with l)ivision 3.2 of the Collier County I.and Development Code. and thc platting lax,,s of thc State of Florida. 'I he provisions of Division 3.3 of the Collier County l.and l)cveh)pmer~t Code. ,.vhcn applicable, shall apply to title development of all platted tracts, or parcels of land as pm,.ided in said Division prior to the issuance ora building permit or other development order. D. Appropriate ~nstrumcnts will be provided at thc time o1' infrastruclurc impro,.cmcnts regarding anv dedications and method lk)r providing perpetual maintcnar~cc oF common t~cilitics. Except as provided herein, tile design and constmctim'~ o£ all improvements shall be subject to compliance with file appropriate provisions of the Collier County Land l)e,.'ctopment Code l)ivision 3.2. The development of an',' tract or parcel approved Ibr residential development contemplating fcc simple o,.vncrship of land for each dwelling unit shall be required to submit and receive approval ol'a Prcliminarv Subdivision F'lat in conformance with thc requirements of I)ivision 3.2 of the Collier Ctmnty I.and i)cvcl~)pmcnt Code prior to thc submittal ol'construction plans and a final plat Ibr any porlion or'the tract or parcel. 2.6 MC)D[![. [tOMES AND S.,\I,F.S F:\CII,ITIF, S Model homes, model home centers including a sales center(s) shall be permitted itl conjunction with tile promotion of thc residential development of said tract subject t, thc following: A. %h)dcls may be constructed prior to recording of a plat. Bo Models may be permitted as "du' models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be occupied until a permanent certificate ofoccupancy is issued. 2-3 Models may not be utilized ms "sales offices" without approval by a'nd through the Site Development Plan process. The SDP process shall not be required for dry, models pursuant to this section. Prior to the recording of;my plats, metes and bounds legal descriptions shall bc pro,.'idcd to and accepted bv (;oilier Count,',' as sufficient for building permit issuance. Said metes and bounds legal dcscriptitms must mcct proposed plat conligurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, s:..,.~acks and the like as set forth herein. If platting is required, corrective deeds shall be recorded once thc plat is recorded. 'l"emporar.,' access and utility ca.sements rna:' bc providcd in lieu of dedicated right:i-t)l'-~s'av fi)r tcmp~)rary :Jerrico ti) mo{Jcl h()mc:;. 2.7 [..,\NI).";CAt~[:. BI ;f:[:[!R.q. B[iR.Xl.q, I:ENCE.q AND Landscape buffers, berms, fences and ,.'.'ails are generally permitted as a principal usc throughout Wyndham Park. 2.8 D EV[:.I.OP.M I-~N'F SCI tf'~DI Jl.['; Thc applicant estimates completion of improvements to thc property slmuld occur bv Januap,' 2004. 2.9 .,\MENDMI-~N'FS TO pl.;r) l)OCl~;Ml'-'.x'r OR PI ;13 .MAWI'I':.I~, t'I.AN Amendments may be made to the PL.'D as provided in thc Collier County l.and Development Code. Section 2.7.3.5. 2.10 ..\SSOC[..\'FION ¢)l: I~ROPERTY OWNERS I:()R COM.X.I()N ..\RF..,\ MAINTI'~NANCI'~ Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of thc subsequent purchasers of property v,'ithin said development in which thc common interest is located, that developer entity shall provide appropriate legal instruments fi)r the establishment of a Property Owners' Association or another appropriate entity whose function shall include pro,,'isions for the perpetual care and maintenance of all common fhcilities and open space subject further to the provisions of the Collier Count',' l.and Development Code. Section 2.2.20.3.8. 2-4 :\ combination of thc lakes, landscape buffers and open space shall meet the 60 percent open space requirement for development as set forth in Section 2.6.32.2 office LDC. Open space shall include all pervious green space within dcve!opment parcels and lols. .-\G ~ I('1 ,'I,TI' RA [, ACTI V ITl Th~ site has previously been and is currently utilized for a_uricultural purposes. Agricultural activities, as defined in thc I.I)C. shall continue to be a permitted usc throuuhout thc project until such time as residential development has commenced. 2.13 E.\SF..',,IENT.q FO)P, I.:TII.ITIF. S All necessary easements, dedications, or other instruments shall be granted to insure tile continu,..'d operation and maintenance of ali sen'ice utilities in compliance with applicable regulations in effect at tile time of development approvals. 2.14 COMMON ARE..\ M..\INTI'-]NANCF. Common area maintenance, including tile maintenance of common facilities, open spaces, water management facilities shall be the responsibility of thc Developer. their successor or assign. 2.15 t It STO P,I CAI..."A RCt tA EOI.O(}I C,.\ I. IM P,,\CI' Pursuant to Section 2.2.25.8.I of thc [.and Development Code. il'. during thc course of site clearing, excavation or other construction activity, a historic or archaeological anti'act is found, all development within the minimum area necessarE.' to protect thc discovery shall be immediately stopped and the Collier Count.,.' Code Enforcement Department contacted. GENER..\I. PI!R,MITTF_D I.'SES Certain uses shall be considered general permitted uses throughout tile Wyndham Park PUD. General permitted uses arc those uses x,.'hich general serve tile Developer and residents of Wvndham Park PIED and are typically part of the common infrastructure or are considered community facilities. 2-5 :\. General Permitted l.,'ses: Essential services ms set forth under Collier Count,,' I.and Development Code. Section 2.6.9. I. V','ater managerr~ent l:acilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses. gatehouses, and access control structures. Community and recreational f.acitities, comrnunitv centers. 7. '['emporar?' construction, sales, and administrative of.rices For the Developer and i)cvclopcr's authorized contractors and consultants. including nccessarv access ways. parking areas and related uses. subject to the requirements set forth in the Collier Count,.' Land Development Code. I.andscapc f.catures including but not limited to landscat:c bur,lets, bcrms. fences and architecturally designed '.','ails. [:ill storage subject to tile standards set/brth in tile Collier County l.and Development Code. .-\nv other use xvhich is comparable in nature with thc tbrcgoing uses and which the Development Services Director determines to be compatible. Development Standards: Unless otherwise set forth in this document thc tk~llo,.,.'ing development standards shall apply to structures: Setback from back or'curb or edge of pavement ofanv road - eighteen feet (18') except for guard houses, gatehouscs. ~d access control structures which shall have no required setback. Sidewalks and bikepaths ma.,,' occur within required butters, however the width of the required buffer shall be increased proportionately to thc width of.the paved surface of'the side,.valk or bikepath. 2-6 2.18 2. I9 SETBACKS AND [EXCAVATIONS The required setback to any right-oI:wa>', roadwav access easement or external property lines shall be thirty (30') feet if fenced. The required setback to an>' propcrt>' line. tract line or structures internal to the development or to structures shall be zero (0') feet. Lakes may be excavated as development excavations to a m,zximum depth of twenty (20') feet. FII,L STO t?~,.\ G F. Fill storage is generally permitted as a principal use throughout the project. [:ill material genernted mav be temporarily stockpiled ,.vithin areas designated for residential developmer,,t. ['he l'ollox'.inu standards shall apply: Stockpile maximum slope: 3 to I {horizontal to verticall Stockpile maximurr~ height: 'D'firt>'-five (35") feet }':ill storage areas shall be no closer than three hundred {300') t'cet from anv developed residential properties, except as ma,',' otherwise be approved by Collier Count,,' Engineering Review Services pursu,'mt to a submitted grading and filling plan. Soil erosion control shall be provided in accordance with the Gollier Count>>>' l,and Development Code. Division 3.7. In order to properly utilize the fill excavated from the proposed la. kcs. thc site may bc filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of thc I,DC. It. ~ ,0.,% T(~ 5,1 'BI)IVISION RV.G[ ;I,..VVIONS Thc l'ollo'.ving design substitutions shall apply: Ao [3. C. D. [,DC Section 3.2.8.3.19: Street name signs shall be approved b>' the I)cvelopmcnt Sen'ices Director but need not meet the U.S.D.O.T.F.I t.W.A. Manual on IJniforrn Traffic Control Devices. Internal street pavement painting and reflective edging requirements shall be waived. LDC Section 3.2.8.4. I6.5: All internal streets shall be considered local streets and their right-of-v,'a>' widths shall be rift,,' (50') feet except as necessary to accommodate turning lanes at the Project's main entrance. LDC Section 3.2.8.4.16.6: The 1.000-foot length for cul-de-sac streets shall be waived. The maximum length ora cul-de-sac street shall be 1.800 feet. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curt'es shall be waived. 2-7 LDC Section 3.2.8.4.16.12.d: Thc requirement for asphaltic courses shall be waived to allow the use of a surface course oi' paver brick or decoratiYe concrete pa,.'ement. 2-8 SEC'FION III I.O\V TO MEI)IUM I)ENSITY I~.ESil)ENTi..',,L ..~,RI.L.\S PI,AN 3.1 3.3 The purpose of this Section is to identit'y specitic development standards for thc area desi,,.:natcd on Exhibit ".-V' as Tracts ..\. t3 and C. NI..\XINIT_'M D\VEI.I,ING 1'NITS I';nere si:all bca max;mum of 442 residential umts dc'. eloped ,.vithin thc project's residential tracts. I 'SF.S PFP, N11TTI(D Residential areas designated on the Master Plan arc to accommodate a full range of residential dxvelling units, recreational facilities, essential services, customary accessory uses. and compatible land uses. Multi-family uses shall not be mixed with single family uses on the same platted tract. Principal uses shall not be developed between dissimilar permitted usc types, specifically, no multi-t'arnily type shall be located bct,.vccn single family de~act~ed I~milv stra.~cturcs. :\t the continuous lot line bet,.',een single family detachcd and multiple t'amit.v htmsing units or a ctissimilar housing type. a landscape buff'er i separately or cm the tract of thc higiaer density unit~ of at least tv,'enty ~20/feet shall be provided. This buff'er shall minimally meet the requirements oI'd~e LDC's Type "I3" landscape buffer. No building or structure, or part thereof, shall be erected, ahered or used. or land used. in \,.'hole or in part. for other than the follov, ing' ..\. Principal t/scs: (I) Single famil.v detached, single family attached, cluster development and multi-family development. Duplex and tv.'o-Ihmily dwellings. l'ownhouscs and garden apartn'~ents'condominiums. 3-1 'k :- 3.4 The clustering or grouping of housing structure types identi~ed in this document may be permitted on parcels of land under uniticd ownership, or as may be other~vise provided in Section _.6._7 of the Collier Count,,' l.and i)evelopment Code and subject to the provisions of I)ivision 3.3 of the Collier County Land Development Code. (61 Open space or prcsc~'c area. ~7) \Vater management facilities and lakes. Guard houses and entrance gates. ..\nv ,)thor use which is comparable in nature with thc Ibrcgoing uses and '.,,idch the l)cv¢lopment Services I)irector determines to bc compatible. B. ..\cccssors.' Uses: L'scs and structures that are accessou' and incidental to permitted uses. including private garages. Recreational uses and facilities such as swimming pools, tennis courts and children's playground areas and similar facilities that serve as an integral part ora residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. .-\ny other use v.'hich is comparable in nature with the foregoing uses anti which the Development Services Director determines to be compatible. DEVEI.OPMENT ST..XNDARDS (See 'Fable II. for greater specificity) GENERAl.: All vards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word "setback" is used relative to a measurement between the buildings and a lot line anct'or perimeter boundary of a parcel of land upon which buildings are to be constructed it shall ha`,'e the following application: FP, ONT Y,.\RD: Front yard setbacks shall be mezLsurcd as follows: 1) If the parcel is served by a public or private right-of'-way, setback is measured from the adjacent right-of-way line. 3-2 2'} Il' thc parcel is sen'ed by a non-platted private drive, setback' is measured from the back of curb or edge of pavement. If the parcel is served b:' a platted private drive, setback is measured from thc road casement or property line. Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may bc an enclosed space. V,.'hcn principal buildings front upon a common parking area. `.`.'hich in turn fronts upon a public or private right-oI:`.vay or non-platted drive, a minimum distance of ten Il O) feet shall separate the principal building and any related parking thcility, and a green belt often{lO} feet shall separate said right-,~l'-xvay, or other non-platted private drive from thc common parking area. This shall not prohibit thc attachment of enclosed parking structures to thc principal residential structure, however in such uses a parking apron of at least fifteen (151 feet shall separate thc enclosed parking space t'rom the edge of curb on a private right-of-way without sidewalks or twenty 120) feet ,.,.'hen a setback includes a sidev,'alk. N1..\XINII :M It[-~IGItT In order to provide a form of a compatibility within thc context of existing residential development within Collier County. thc maximum number of stories pcrmiucd shall bc thrcel3)habitable floors for a maximum height of 35 feet. STREET T R F.F. Street trees shall be provided throughout the development. :\ street tree plan shall be submitted lbr staff review and approval as appropriate. Street trees may be placed within residential lots and shall be installed prior to or concurrent with thc construction of individual dwelling units or structures in proximity to thc roadway or acccssway. 3-3 TABLE II: SbT,~J~R'f OF D~;ELOPMEI~F ST~d~DAP. DS FOR ALL RESIDE~rFIAL STRUCTI/RES PEP3dlTTED USES S TAL~DAP. D S MIN. LOT ;~.EA PER S TRUC%/37. E OR PER DWELLING U~IT MiN. LOT WIDT~H MIN. CO?~D LENGTH :41:;. SiTE DEPiq~. M//LTIPLE FAMILY STRUC%//PES S iNGLE F;4,11 LY ZERO 2 - F;4,~ILY/ DETACHED LOT LiN~ DUPLEX ....... O~oE APAR~4E?~S 6,000 4,800 2,400 .,~ 800 O~;E ACRE 50 40 24 18 150 FEET 26 26 20 16 18 FEET i00 i00 100 i00 i00 FEET FRO:;T YA~ SETBACK (i) PRINCIPAL STRUC%'JRE 20 {ii) ACCESSORY FOR CO'/ERED P~RKi:;G SIDE YAP. D S-TB~ PRINCIPAL ~D ACCESSORY STRUCTLT. ES M I N IML",4 D !STAk:CE BET'WEEN S TRUCT~,ES !8 18 18 25 FEET N/A !0' 1O' 10' FEET 7.5 5''GR 0'* 7.5'' ".5''' 15''' FEET '0 !0 10 i0 15''' FEET REAP. YAP~ SETBACK (i) PRINCIPAL STRUCTURE 20 15 15'* 15''' 15''' FEET (ii) ACCESSORY STRUCturE I0 10 I0'' 19''' 5'*' FEET M. AX.. EUiLDiNG HEIGHT (i) A~OVE MFL ~OO YEA~q ~c 35 35 '~ ,t2 FEET (ii) ACCESSORY STRUC%q3RE 35 35 35 25 35 FEET FLOOR AP. EA MINIML~d/D.U. 1,200 1,000 1,000 !,C00 800 S.F. walls and s:m:lar st.~ac%ure2 sh, all have a setback cf f'~':e 5i f~'et along %he development's bc,~ndarLes alcng ~ublic r:gh,~-of-way and a se%~ack of two 2) feet along other perimeter trac[ bcunda~/ where not abut%ln~ :nternal develcpment %rac%2 and a %axlmum height of 12 feet am measured frcm the lowest centerline grade of the neares: public ur prl'.-a%e r:ght-of-way or easement. 15 FEET iF SET~ACK !NCLL~ES SI2~W~K ~WE~,Tf FEET IF SETBACK ENC~4BERS A ~.E'S M~I~:~CE E~EME:~ CR F~F ~E SETBACK ~BERS A ~'S 3-4 DE\.'[-'.I.OPMF. NT ~T.,\ND.,\RI)S FOR STRUCTI;RES \\'ITl tin RECRE.,VFI©NA[. TRACTS A. Setbacks 1. Front Yard: 25 feet 2. Side Yard: 25 feet 3. Rear Yard: 25 feet B. .".laximum f leight: 35 feet or three 13) stories, xvhichcvcr is least. C. Nlinimum Lot Width: 75 feet D. :xlinimu,'n i.ot Depth: 75 t'cet E. .Minimum Lot Area: 6,000 square feet F. .Minimum Distance Between Structures 10 feet 3-5 SECTION IV I)EVELOPMENT COM,MITM ENTS 4.1 PI,,'RPOSE The purpose of this Section is to set forth the development commitments for thc development of the project. 4.2 GENER..\I. 4..3 All facilities shall be constructed in accordance with Final Site Development Plans. Final Subdivision Plans and afl applicable State and local laws. codes and regulations applicable to this PUD. Except ,.','here specifically noted or stated othc:rwise, thc standards and specifications of the Land Development Code. Division 3.2 shall apply to this project even if thc land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible Ibr the commitments outlined in this document. The developer, his successor or assignee, agree to follow the Master Plan and the regulations of the PUD as adopted, and an.,.' other conditions or modifications :ts may be agreed to in the rezoning ofthe property. In addition, anv successor or assignee in title is bound by the commitments within this agreement. PUD MASTER PI,.-\N 4.4 Exhibit "A". PUD Master Plan. illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and ma.',' be varied at an,,' subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amcndmems as may bc made from time to time. A. II necessaO' easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance o£all service utilities and all common areas in the project. M'ONITORING REPORT .AND SU,'NSET PROVISIONS The Wyndham Park PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development COde. 4-I 4.5 Bo Monitoring Report: :\n annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier Count.,,' Land Development Code. 'FR:\NSP¢)RT.,\TION The development of the PUD .Xlaster Plan shall be subject to and go`"cmed bv the Ibllowing conditions: A. Arterial level lighting shall be provided at the PUD's access point to public right- or:wa`" concurrent xvhh the development of the ent~' road. The Developer shall provide right turn and left turn lanes at thc project's proposed access from CR 951 concurrent with the development of the entry road. The o Devdoper shall bear the cost of these improvements which are not subject to impact fee credits. Under the present txvo-lanc condition ofCR-951, the project may enjoy unconstrained access to and I¥om the north and .south. Under an,.' future four-lane or six-lane condition of CP,-95 l. there ma,,' or ma',' not be a median opening to sen'e the project. Nothing in an',' de'.'elopme~t order'shall ','est the project with an.,,' right of access over and above a fight-irt/right-out condition. Neither shall the existence or lack ora future median opening be the basis for an,.' future cause ofaction for damages against the County by the project developer, successor in title or assigns. \Vhcn requested by the Count.','. and subject to the approval of the a Developer's Contribution Agreement Ibr road impact fee credits Ibr the fair market value of the dedication, pursuant to Ordinance 92-22, as amended, the developer shall dedicate up to sixty (60) feet of right-of-way alon~ CR 951 for future roadway. bike path and drainage improvements. Such dedi~'ation shall not be deducted' from the PUD property for purposes for determining yards, lot area or lot dimensions. This dedication shall occur within one hundred and twenty (120) days of the County's request. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide pass through transmission of historical roadwav runoff: in addition, site drainage shall not be permitted to discharge directly' into an,,' roadway drainage system not specifically designed for such discharge. 4-2 4.6 SIGNAGE 4.7 Project identification signage for the residential component of this PUD ma.',' be developed at all project entrances in addition to other signage. All signagc shall be subject to the provisions of Di`.'ision 2.5 of the Land Development Code. SITE I.IGfiTING 4.8 Lighting facilities shall be arranged in a manner v,'hich ,.,.'ill protect roadways and neighborhood residential properties from direct glare or other interference. ENVIRONMENTAI. Petitioner shall provide twcnty-!ivc percent (25'3/ol retained native vegetation as required bv Section 3.9.5.5 of the Land Development Code. 'nc location of the retained ','egetation shall be identified as a part ot'the submittal for Pretiminar>.' Subdivision Plat (PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the subject property. Retained vegetation shall be preserved in its entirety with all trees. understors' and ground cover left intact and undisturbed, expect for prohibited exotic species removal. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit Rules and be subject to review and approval bv Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier Count?' jurisdictional wetlands. All conservation areas shall be recorded on the plat with protecti,.'e covenants per or similar to Section 70.-I..06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier Count.,,' with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least lifleen (15') feet landv;ard from the edge of the wetland preserve in all places and averaging twenty-five (25') feet from the land,.vard edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance v,'ith the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the s~te, ,.vith emphasis on the conservation./preservation areas, shall be submitted to Current 4-3 4.9 4.10 4.11 Planning Environmental Staff for review and approval prior to final site plaWconstruction approval. WATER MANAGEMENT ..\ND DRAINAGE O[.!TFA[.L FOR ABUTTING PROPERTIES The project is within the limits of the ltarvev Drainaue Basin Stud,,'. and. as such. will conlbrm to the requirements set Ibr~h bv the Count,,' Water Mana~2ement Director for casements and discharge rates. Petitioner shall provide :tn outfall ditch within a thirty 130') foot drainage easement along portions of the project as shown bv F. xhibit F, Water Management Concept Plan, attached to this PUD document, to provide a drainage outfall for abutting proper'ties. ~ PO[.[.ING PI.:\CES This PUD is subject to thc provisions in Sect/on 2.6.50 of the hDC. UTII.ITIF. S ,All required ut/litv services arc available for this project. 'Fo ,.'.'it: Water and V,'astewater Disposal: These utility services are to provided bv Collier County Utilities. The Project is proposed to connect to an existint~ 24" water main on the west side of CR-951 and to a proposed 8" force main on the east side. Electric Power: 'I~is utility sen'icc is to be provided bv Florida Power and Liuht Company. The Project is proposed to connect to an existint~ aerial feeder alone thc westerly boundary of thc Project adjacent to the existing Har¥cv Basin ditch. Telephone: This utility service is to be provided bv UTS/Sprint. The Project is proposed to be connected to existing facilities within the C~-95 l right-oI:way. 4.12 PEDESTRIAN CIRCULATION Subject to the approval o£Collier Count,,' Public Schools as to location and cross section. the proposed project improvements ,.','ill include the construction ora connection of the internal pedestrian or bicycle circulation svstem(s) to the abuttint~ campus of Oak R. idt~e Middle School. ' - ~ 4-4 PUD EXHIBIT SITE LOCATION MAP SECTION PRO,,ECT , ~/ t ~: |: ¢ [;, , ' .',..:. ". , ..... ?, ! 27 TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Professmnal £ngmeet3, Planner1 & ~nd Sut-veTor~ LOCATIOH MAP WYNDHAM PARK PUD COLLIER COUNTY, FLORIDA I,,,~c,j :....~ j,:(~l>...,,.,~,.,,c.,:j..:..,,I~t, r,, / n~.z,,o(s-t- L. EXHIBIT "C" STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts irs and for the Twer~tJ. eth Judicial Circuit, Collier County, Florida, do hereby certi£y that the foregoing is a true copy of: OP, DIIIAIICE 110. 99-9 Which was adopted b7 the Board of County Comrnis:~ionerr~ on the 9th day of February, 1999, during Regular Session. WITNESS rny hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of February, 1999. DWIGHT E. BROCK ."' , . Clerk of Courts and'Clerk Ex-officio to Board:of County Commissioner~ By: Etlie liar fman, .7/) .. ', ,, Deputy Clerk "~/,:'~"~," C()I.I.IEN (:'(~UNTY I.'I.(~RII)A I~I;¢)t:I;ST i:¢)I~ I.E¢;AL AI)VI~It, TISIN(; ()F i'UIII. IC IIEAI~,IN¢;S Clerk I. Ibc Board: I'k':m' place thc f, lhmin'g ns a: [] Normal leyal ..\dvcm:,cmcnl (Dis?lay Adv.. Iocali(m. cie.) [] Olher: Originating/)cpi." Dw: Colher Count? I'cr~,on Jtffm I I. [)~ury [ );ttc: I.'12",w P:fifion No, ('IF none, '..' i,,'e tmcf tl'.'scriplmn): Pcfilioncr: (Name ,r..: ..\ddrcsM: Ilcarin,_.: before ,%X i:CC BZ..'~ Rcqu,,.'stcd }t~;:rin'.' day.': ('Bas,~d on a., z.,:~,t::tr,., ;:p[,v;,r l0 ~kt~5~, hz'fore hr'arm'.: l'cbruar: % Imm Ncwspnp'.'r(s) to b': us:d: (C'omplcl,.' onl:, ~f ~:llporl;lr~ll. [] Naples Daily N,zws Proposed D!tision List L'"~ No Ifv ., ~t;;:t ;::.cuanl ~,tmuld bt' ch;:r,.e'cd £or a¢lvcrtl:,ul,.z Approved by: I- I)I'4TR I l~l "I'1()'~' I NS'I'RI'('TI()NS; For hc:lrin~s btf(:r:.' BCC or I,~ZA: lniti:~li:l~ perton to compMe onv cov ::nd obt:Jin I)ivisiun tie;id npprov:d before submitling lO COUll[? Matm~er. Nole: If ]e~:lJ document is involved, be sure lJl:ll ;lily necessary le~::l review, or request for snrne, is submilted m Count) Attorney before submillin~ lo Courtly M::nagcr. The Man:iger's office will distribute copies: [.1} Cot, nty M:m:12cr :lflcnda flit': Clerk's Office l~ l~:cqueslink' L~ (~rizinal B. O:h:r hcari:E.:'s' Ir:i:ia:in,..: [;i','ision h.z::'J to ;:pprov~' and ~;ubml: original io Cl::rL's Offic:.'. r'ctaming a cop> for file. FOR CLERK'S OFFICE USE ONI.Y: I)a::: R=':'=:, :.'d: __4'./_/',,/'//_~_,ff_. I);m: of l'ublic h::aring: e2.7/~,,,/_~__ l)ate ,\dv:.'nised:. d..-~ FAX ~ OF PAGES ~ (]:NUm.UD~ TKrS COVe) PAM pFp~vYl I~O~_.~t,~'ION: NAPI.ES DAII,Y NEWS FAX ~0: 263-4703 ~R(~: ELLIE HOFFMAN LOCATI~: CO!ff,T~R COUNTY COUR~~ 774-8408 774-8406 1 January 15, 1999 Ms. Pam Perrell Naples Daily News 1075 Central Avenue [,}aples, Florida 34102 P,e: }~otice of Public Hearing to Consider an Ordinance ~nending the Airport Authority Ordinance r;o. 95-67 Dear Pam: Please advertise the above referenced notice one time, on ~oaf, Janua 29 1999, and kindly send the Affidavit of Publication, in d~'o!icate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 IiOTICE OF Ir;TENT TO CONSIDER ORDINANCE Notice is hereby given that on q~ESDAy, FEBRUARY 9, 1999, in the Boardroom, 3rd Floor, A~ministration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Com~,issioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: Al4 ORDINANCE A',:E!IDING PARAGRAPH A OF SECTIOn: FIVE OF ORDINANCE 95-67, THE AIRPORT AUTHORITY ORDINANCE, TO ELIM!:iATE THE LIMITATIONS ON THE I:UMBER OF TIMES A MEMBER OF T}tE AUTi{ORITY HAY RE-APPOINTED TO THE AUTHORITY; PROVIDIiIG FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINAi~CES; PROVIDIIIG A~I EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail interested partier: are invited ~o attend and be heard. NOPE: All persons wishing to speak on any agenda item must register with the County achr, inistrator prior to presentation of the agenda item to be addressed. Individual speakers ',:ill be limited to 5 minutes on any item. The selection of an 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 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written matc..rials intended ~2o be considered by the Bcard si:ali be submitted to the appropriate Count}' staff a minimum of seven days prior to the public hearing. Ali material used in presentations before the Board ,,;ill become a permanent part of the record. Any person who decides to appeal a 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 p.oce_dzngo zs made, which record includes the testimony and evidence upon which the ap~eal based. BOARD OF r'OUNTV- . CO:'2{iSSTM--~,',-~,S COLLIER COUN?Y, FLORIDA PAMELA S. I'~C' KIE, CHAIRI~;'.N DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 2 3 7 8 9 10 11 ORI)IN:XNCE NO. 99- AN ORI)iNANCE A,'HENI)iNG i'AIIA(;IIAI'II A O1: SECTION FIVE OF OI{I)INANCi,; NO. 95-67, Till'] AIRI'ORT A U'I'IIOI{i'I'y OI{i)INANCI.;, '!'() I']I.I3IlN:',,Ti.; Tile 1.1311TATIONS ()N Till.; NI/311II.;I~, OF 'I'i31ES ,\ 511'].~1111';1{ ()F 'I'IIE AU'I'iI()IU'I"I' 5IAY Ill.; R I':-A. I'1'() INTI.; 1) '1'() Till'; A UT! IOl,tl'l'y'; I'I~,OVll)IN(; I:OR C()NFI.ICT ANI) SI';VI';IL,\IIII.ITY; I'I,tO\"II)IN(; FOR INC'IAhSION INTO Tile C{)i)E (,il,' I.AWS ..',,N 1) (')IU) I N.,%, N (;l,2S; I'ROV'II)iN('; AN EFFECTI V'E DATE. I2 WIII'~RI.:AS, paragrztlfl~ ,\ of .";cctJun I"IVI! of Ordinailcc No. 95-67 (Ibc 13 Airport Authority Ordinance} limits thc numl)cr of times that a metal)ct of tile 14 Airpurt Authority may be re-appointed to thc Airport At thurily' and WIII:;RI:;AS, thc Airport Authority has rcqucstcd that thc lloard of ('otmly Commissioncrs delete from ()rdinancc No. 95-67 limitations on thc number of times a member of thc Authority may bc re-appointed to thc Authority; and 18 WIII';REAS, because thc :\illpt,)l't Authority functions much like ;t I:lom'd ~t' ~9 I)ircctors ol'a ¢orporatiorL thc lloard t]Ild.s ll~:tt it docs m~t necessarily pronmtc 20 thc public interest to limit thc lltllllJ)cr oi' lill'~Cs lll¢{llbCrS ot' lilt2 Authorily may 21 bc re-appointed to membership t~f thc A[ithori[y. 22 ,NOYV, TIII';IU';I:f)I*,I,.', lie IT Ol~ti)/,,INl';l) IIY Till'; IIOAI,tl) O!: 2..', COUNTY COM.MISSI(.)NEI{S OF COi.I~II'.'R COUNIS, FI,ORli)A, as 24 follmvs: :~ SECTION .v, C'OL!,N'TY ()RI)INAN(TI.; 27 ('oilier County Ordinance Nu. 95-67 is hereby ;.tillClldcd It) rcrld ;.is follows: :8 IAI,TI';I~,NATI.] :\J 51,\.l()l~,l'l"f V¢)TE ()I: 29 SECTION I:IVE. (;O'v'I';I~,NING ,\I'I'OINT.XlI.2NT, Ti';RMS ()F OFFI(~I'.'. 31 A. Thc g,avcrnir~g body ()1' thc Authority shall bc composed oi' seven (7) 32 members appointed by thc Board. l;o~)urtx)s~o~h~%nifial_appoinlments; 33 thret~ (G~memt)e~hal~q,pointed~b~w~~erm~itl~the remainder-olMhe member~ppoinled-li~r-tbu~¢~.ea~erms:. :t:hereat~e~ V','urds l. Llld~/iJjlli'.~ ;irc a,,Idimm.,, u.o,,d., ',tru,.:k-lhr,mgh ;irc dt_'lcliuns, d~an--~wo4-2-)M'u lt-~em~s-e~cep~-whe n_a_mem ber2.M n i d a l_i~ pi)ohm n u n {_i ~_l.m._a oilier Collier ('(}tlll[)' rule, regulation or uz'dinancc, this I)n)vision shall prevail. [Jt)())l thc expiration of a member's Icrm t)l' ul'iicc, such member shall maintain his or her al)poinlmunl until Ibc member is ciLhcr rc-llpl)t)inlcd or a successor is appointed I)y thc Board. )0 [AI,TI.~RN:',,TiC llJ t;N,\NI,%I()U,~ V()'I'I.] ()1.' Tlll.] 1~().,\i{I) :",. 'fhc governing bo(ly ()1' the Authority shall I)c compuscd ~2 seven (7) members aplmintcd by Iht l~oaz'd. JZor-purlmSes-,)IZlhe_inilial ~ app()intments~lhre~ (3 }-meml~r~shatl-bc~tppointed_tk)t=lw(>_(_~)~eal=lt~rms ~ ~her~lier~ :' ~ ~ · , , '~lp~.~~L~ l~, ~~ all members shall bc aplmintcd to serve fi>ur (4) >'car terms, 17 ~'., ~ ' ' ' '( ~ ' ' , eac~ ~ member shall 18 timite(M(~er~ing ~ m) more than two (2) l~ll terms except when ~9 member's initial appointment is for a term of less flum fi}ur (4))'cars. :t'hc~w() 2o fulMeFn~imhafio~e~k)rd~)Hi)i~tion~i~ali-nobl)c~,ai veal_, nd_i n_l he 21 even M hi~pro~siomc4miliet~it h_iu~>il)e~=CZollier~Zoum~ru tc~.ugu hdion_or 2~ ordh~anee~hi~provisio~hal~)revaih Upon thc expiration o[' a member's 23 term of oflicc, such member shall maintain Iris or her apl>()intmcnt until thc 24 member is either re-appointed ()r a successor is appointed by thc 2s SI'~C'I'ION TWO. CONFI.ICT ANI) SI,2VI.:I,L.'kI:Hi. ITY. 26 In thc cvem this C)J'din;.mcc conflicts with any other ordinance of Collier 2'7 County, this ordinance shall prevail. I1' any section, phrase, sentence 28 portion of this ordinance is for ;.lily l'CaSoll held invalid or unconstitutional by W.rds k111~ '~1i11~ are addifi(m.s, sgords ~ru~;kqhr,.~gh are deletions. ~ v;IJJtJJly ()l'(]le l'Clll'dJllJll~ i}t)rl)oll5 lJlCl'Ct)J~ SECTION 'I'111(EI.L INCI.USION IN TIlE COI)E OI: I,AWS AND Oi~I)INANCI.'.S, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.1 25 26 27 28 2') 30 31 The provisions o£ this Ordhmncc shall become and bc made a part ul' thc Code of l.aws and Ordinances of CollJer County, Florida. Thc sccli~)ns o1' thc Ordinance may be rcnumbcrcd or rclettered to accomplish such, and thc wortl "ordinance" may bc chan~ed to "section", "article", or any olher approprhJte word. SECTION FOUR. I'~FFI';CTIVi.: i)ATF.. This Ordinance shall bccomc cl'lgclivc tlpOll filing with thc Del)ar[incht of State. I'ASSEI) AND I)UI.Y AI)OI'TI'~I) by thc 13oard of CoLmty Commissioners ol'Collicr County, Florida, this ~ day of , 1999. ATTEST: Dv,'ight E. Brock, Clerk By: Deputy Clerk Approved as to lbrm and legal sufficiency: Thomas C. Pahncr Assistant County Attorney BOARI) OF COUNTY (7OMMISSI()NI~I(S ('OI.IAI!R COUNTY, FI.OP, II)A. 13y: l'amcla S. Mae'Kit, ('hair/nan W.rds l.hll0iJ'lilg:d ar,: addim.,ns. '.v.rd,., '4rmzk-dmmgh arc dclclion~,. AGENDA ITEM TRANSMITTAL SLIP : " ' Submitted 1 ! 1 :~!c) 9 Requested Agenda Date: '"~' '" ? '-"' ? ~ ROPRIATE HEADING (CIRCLE ONE): (4) Approval of minutes, (5) Proclamations & Presenlalions, (6) Clerk, (7) Public' ~ons, (SA) Community Development & Environmenlal Services, (8B) Public Work~) Public Services, (SD) Support .ces, (8E) County Manager¢(9,)Attorney, (10) BCC. (11) Olher Constitutional Ofl'icers,~ublic Hearings, (13A) BZA Public trigs, (13Bl[Go'"n-'~tior/~)U~/~h (14) BCC Communications, (15) Sial' Communications, (16) Consent Agenda Jested By ~~'~ ~.C~'''~'''''''~- Date /-/~-~' ~.. Reviewed By ....... Date .ion Head k........./~,/L-~_/////4'/ /.-.,,..._~/.. Dale /-/,.~ ~7' ~, Manager ....... Dine Title ZI~ ~ON$IDER F. NAC?MF. NT INTO LAW AN ORDINANCE TO AHBND ~HB AIRPOrt HORITY ORDINANCE (NO (95-67) TO ELI~iNA'i'E Tile NUMBER OF TiHES A HEMBER OF THE PORT AUTHO'RITY HAY BE RE-APPOINTED TO MEMBERSHIP TERHS ON TIlE AIRPORT AUTHORITY6 ~f Documents Attached Executive Summary (required) ~-S13 5. F,X I.;(iUTIV E SUMMARY TO CONSIDER ENACT,II.;NT IN'I'() I,AW AN OI~I)INANCE TO AMENI) Till.; AII~.I'OR'F AUTItORITY OI~.I)INANCE (NO. 95-67) TO EI,IMINA'FE TIIE NUMBEI{. OF TI.\lES ,.\ ,MEMIII.;I~ OF TIIE AIRPOI¥I' AU'I'It()RITY MAY lie RE-APPOINTEI) TO .XlEMBEI~[SIIII' 'FEI~,MS ON TIlE :\IRI'()I¥1' ..\UTII()RIT'~' (')B.IECTIVI.~: To have thc Board of Cotmty' Commissioners consider enactment into lax,,' an Ordinance to amend paragraph A of Section FiVE of Ordinance No. 95-67 (thc Airport Authority Ordinance) to eliminate the number of tirncs a member of tile Authority ma:,' be re-appointed to terms of membership on the Airport Authority. CONSIDERATION: OnNovcmbcr 15.1998, tbc Collier County Airport ,'\uthority determined that in its judgment members of tile Airport Authority administer thc actitms of the ,,\uthoritv much like a Board of Directors ora corporation. Continuation of corporate memory is generally desirable. The Airport .,\utbority determined that. in its judgment, it is not in thc public interest to place limitations on the number of times members of the Authority arc eligible lbr re-appointment to terms on thc Authoritv. '['his Board. on January 12. 1999. authorized the County Attorney to draft thc attached proposed Ordinance and amhorized the Authority to advertise this public hearing. Thc attached Ordinance contains an ALTERNATE A or an ALTERNATE I3 tbr selection by the Board. Thc Clerk will bc provided with an Ordinance that contains cithcr AI.TERNATE A or ALTERNATE I3. FISC..\I. I.XlP..\CT: None. G ROWTIt MAN:XG E.X,l ENT 151PACT: None. P, ECO.XI.MENI)ATION: That the Board of County Commissioners. after thc public hearing thereon, consider enactment into law the attaci~cd proposed ()rdinancc and thcrebv amend paragraph A of Section FIVE of()rdinancc No. 95-67 (thc Airport Authority Ordinance) to eliminate thc number of times members of thc Authority may be re-appointed to membership terms {m thc Airport Authoritv. AIJI'ERNATILASection ONE provides Ibr appointments beyond two (2) full terms by maioritv vote of the Board. AI.TERNATE B Section ONE provides [bt appointments beyond two (2) t~ll terms by unanimous voteofthe Board. The Airpom Authority requests that thc Board select Alternate A. The Board's Clerk has been provided one Ordinance that contains ALTERNATE ..X and with another {alternate) Ordinance that contains ALTERNATE t3. Of course. Chairman Mac'Kie will execute only the Ordinance selected by the Board. /~irtlect°r APPROVED B Michael ~'illiams. Chairman Date: Date: "" 1 )laptes Daily News Naples, FL 34102 Affidavit of Publication Naples Daily Ne~s BOARD OF C~Jt(TY COHHISSiOtIERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-30i6 REFERENCE: 0(31230 #912501 57817870 95-67 HOTICE OF IIITE State of Florida County of Collier Before the undersigned authority, personally appeared E. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the ~laples Daily News, a daily newspaper published at ~laples, in Collier County, FLorida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said tlaples Daily Ne~s is a newspaper published at Haples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attmched copy of advertisement/ and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED Or(: 01/29 AD SPACE: 110.000 II(CH FILED 0('t: 01/29/99 Swo n to a.d u scrib;O before, thi. , Personally known by me '.'~ ~-~ ~ · ~~J ~ 95,67 NOTICE OF IHTENT TO COr~S~E~R ORDINANCE Notice Is hereby given tt~'t on TUESOAY, FEB. RUARY 9, 1999, in the BoardroOm 3rd FloOr Adm n sf'r~on BU Id ng, Collier Coun~ Govern- rnent Center 3301 East Tomlaml Troll, Naples, Florida, the Board of Counly Commissioners will coel$1der it3e enact- ment of o Co(~nty Ordi- nance. The meeting will commence at 9:00 A.fA. The title of the proposed Ordlnonce Is os tallows: AN OROINANCE A~AEtJDING PARA- GRAPH A OF SECTION FIVE OF ORDINANCE NO. 95-67, THE AIR. PORT AUTHORITY ORDINANCE, TO ELIMINATE THE LIN~ITATIONS ON THE HUMBER OF TIMES A MEMBER OF THE AU- THORITY MAY BE RE-. APPOIt~TED TO THE AUTHORITY; PROVID- ING FOR CONFLICT AhlD SEVERABILIT Y[ PROVIDING FOR IN- CLUSION INTO THE CODE OF: LAWS AhlD ORDINAiqCES; PRO- VIDING AH EFFEC- TIVE DATE. Co~les of the proposed OrOlnonce aec on tile with the Clerk fo the Board and ore available foe* Inspec- tion. All Interested parties ore Invited to offend and be heard. NOTE: All persons wishing to ~eok On any agenda ttem must regis- ter with the County mlnl$tr afar PRIOR presentation o1' the agen- da item to be addressed. Individual 5oeo~ ers will be limited to $ minutes on (~n¥ Item. The selection of on Individual fo speak on t~eho/t of an orgonlzotlon oe group Is encouraged. If recognized by the Choir. man, o s/pokesperson foe a geoup or oegonlzotion may be ollatled 10 min- utes fo s~eok On on Item. Persons wishing fo hove wflffen or g~a~hlc materials Included In the Board agenda pockets must submit sold material o minimum of 3 weeks prior to the respective public hearing. In case, written materials In- tended to be considered by the B(x3rd shall be sub- rattled ?o the oppro~orlate Coun%, staff o minimum of sever1 days p¢lor to the public hearing. All moterl. al used in presentations befoee the Booed will be- come a permanent port at the record. Any person who decid- e5 to al~3.eol (3 decision of the Board will need o re- cord at the proceedings Pertaining thereto and thereforez .may need to ensure mc~ a verbatim record of the proceedings Is mode which record In- cludes ~e testimony and evidence upon which the apoeol I$ b<3$ed. BOARD OF: COUNTY C O/~/'AISSIONER $ COLLIER COUNTY, FLORIOA PA/V~ELA $. MAC'KIE, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellle Hoffmon g , C,erk Jonuary 29 NO. 1344324 12g I ()IU)INANCE N(). 99-~0 :\N ORI)INAN('E :\.MENI)I.~,'(; I'AI*,Af;I~,AI'II A f)F SECTION FIVE OF ORI)IN:\NCE NfL 95-67, TIlE AII~,I'OI~IT AI;"ilI(')IU'I'Y OI*,I)IN:',,NCE. TO I-;I,I.MIN:VI'E TIlE ..\II. SOl,UTE I,I.'MITATION TIlE NUMBER OF TIMES A ME.MIIF, R OF TIlE AUTIIORI'I'Y MAV I',E I~,EAI'POINTED TO TIlE AUTIIORITY I'll, eVIl)El) TIIE SPECIFIC .ME.M BER'S EXTENI)EI) I.IEAI'I'OINTM ENT I."; APPI,IOVEI) IP.' UNANIMOUS VOTE OF TIlE BO,.'.,RI) OF COUNTY COMMISSIONERS: I'ROVII)IN(; FOR INCIoUSION INT() TIlE CODE OF I,AWS AND ORi)IN:~.NCES; PRO',.'II)IN(; AN EFFECI'IVI': DATE. WIIEREAS, paragraph A o1' .Section FIV['~ oF ()rdinancc N,. US-r~7 (thc Airp.rt Amlmriiy Ordinance} limits fl~c number of Umus that a mcmhcr of thc Aiqmrt Amhority may bc re- appointed to lhc Airp,rt Aulhorily; and WIlEREAS, thc Airport ,.\uflmrily has requcsto. I d'la! 11~¢ Board of County ('ommissioners delete from Ordinance No. 95-67 limitations on thc number of limes a member of thc Authorily may be rc-appoinlcd In lhe :\ullmril.v; and WllEREAS,, because the ..\irpon Authority functions much like a Board of' Direct.rs el' a corporation. Ih( B~ard limn I}1;11 ii dOCS Bet necessarily pmmale lilt pul>lie Hllcrcsl to limit lilt nunlbcr of limes members of thc Autimrity may hc rcappoinlcd Io nlcml~crship o1' 11~c Aulhorily. NOW. TIIEI~EFORE. lie I'F ORI)AINEI) BY TIlE ll(),\i~l) OF (7OUN'I'Y CO.MMISSIONERS OF COI,I,IER COUNTY. FI,ORIDA, as Follows: SECTi()N ()NE. A.MENI)MENT TO SECI'I()N FI\'E OF ('{')I,I.IEI~, COUNTY ORDINANCE NO. 95-67. Paragraph :\ of Section FIVE of ('oilier ('rarely ¢)rdin:mcc 67 is hereby amended It) read :is IBllows: SECI'ION FIVE. (;f)VI';I~,NIN(; BOI)Y; .ME.MBEI~,SIIII', AI'I'OINTMENT, TERMS OF OFFICE. tX. Thc gox'crlfing body of Ihc Aull~ority shall bc composed of seven (7) members appointed hv thc Board. ~mq~l~i~imn~~(3) ~ all members shall bc appoimcd to sc~'c g fi)ur [4) year terms. No mcmhcr shall serve more than m'o 12) ~ ~ lcm~s cxccpt whcn ~ a member's initial appomtmcnl is ~ ~crm of less tl~an lBur 14) ycars. ~]~ ~~ two full term ~~ limitation i~h~4i~~. ~ bc ~saivcd b~ ' v - · ~ ' and in thc event this provisim~ conflicts ~ith any othcr Collicr County rulc, regulation or orclinancc, this provision shallprcvail. Uponlhccxpir;,ionofamcmhcr'stcrmo~oflicc. such mcmt~cr shall maintain his 12C ! or her :~ppointmcnt until tile mcrnbcr is either re-appointed or a succcssor is ~,ppointcd by thc Board. SECTION TWO. CONFIACT ANI) SEVERAIIII,I'FY. In tile cvcr~t this Ordinance conflicts with any other ordinance oF Collier Colmty, fids ordinance shall prevail, lf any section, phrase, semcnccor portion of this ordimmcc is lbr any reason held invalid or unconstitutional by any court ofcompclcnt jurisdiction, such portion shall bc dccmcd a separate, distinct, and independent provision, and such hokling shall.not afl,ct thc validity off thc remaining portions thereof. SECTIONTilREE. INCI.USIONINTIIECODEOFI,AWSANDORi)INANCES. Thc provisions of this Ordinance shall become and he made a pan of dm Code of I.aws and Ordinances of Collier County. Florida. Thc sccticms off thc Ordinance may bc rcnumbcrcd or rclcttcrcd to accomplish such. and tt~c word "ordinance" may hc changed Io "section", "article", or any other appropriate word. SECTION FOUR. EFFECTIVEI)ATE. This Ordinance shall become effective upon filing wilh tlm Dcparlmcnt orStatc. PASSEl) ,',,ND DUI.Y ADOPTEl) by the Board of County Commissioners of (.;oilier County, Florida, this '~_::~ day of ~~.~"~. , 1999. ATTEST: Dwight E. Brock, Clerk By:~~~,..~B y: Attest as to Ch~tr'~ln'$ s tg~atur~ onl.Y. Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney ICp [)rd. Amending A~rpor! Authority (')rdmam. c BOARD OF COUNTY CO*IMISSIONI:.RS COL[,4ER COUNTY. FLORI DA. are a'J4ed; wards stricken t~-J~, are deleted. -2- 12C 1 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 copy of: ORDINANCE NO. 99-10 Which was adopted by the Board of County Commissioners on the 9th day of February, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of February, 1999. DWIGHT E. BROCK Clerk of Courts and. Clerk Ex-officio to Boar'~ of County Commissione~, By: Ellie Hof fman, ,. Deputy Clerk RESOI,UTION NO. 99-...gp,,~ RI!SOI.UTION OF 'I lie BOARI) OF ('OliN'FY Co,MM ISSIONfiRS. ('()1.1.1 ('OL'NTY, FI.ORIDA. AI:TIIOI~IZING WAIVER ¢)I: I.IBRARY .SY.STIiM IMI'A('T FliES. I)ARKS ,.\NI) I(li('I~.IiA'I'IONAL FA('Ii.H'IIiS IMP..\(71 FI!liS. l/O:\l) IMt'ACT FliliS, I-.'.MER(it;NCY MEDICAL SI.~R\'I( 1:.~ IMI'A£"I FI.it!S ..\NI) EDL'CATIONAI. FA('II.H'IF.S SYSTEM 1MPA('T FliES I-¢)R ONE '1() lie CONSTRUC'IF.I) t~'~' ROMMY T. SMITII AT 313 ~i,.\L'NT STREI:T IN IMMOK..\LEIi. COLLIER COUNTY, FLORII)A. WIIEREA$. Collier County has recognized and attempted to address thc lack of adequate ami aflgrdablc housi~g lbr moderate, low. and ~ crv-h~w income household5 m thc (Mtmtv aiR] Ibc nccd provisions in thc Collier County (-}re,t th Nl,m,~gcmcnt l'laa, including: oh.icctixe 1.4. p~licy objective 1.5, policy 1.5.2. policy 1.5.3. policy 1.5.~, policy 1.5.5, policy 1.5.t~: ohjcctivc I.b. policy t.6.3; objective 2.1. policy 2.1.1. policy 2.1.2. policy 2.1.3, policy 2. t.5. and policy 2.1.6 of thc Housing Element: and WI IEREAS, Collier' Count)' has received l~mding pursuant t,) thc State lhmsing Initiatives Pam~crship ]'rOgl'aIll scl fi~rth in Sccfio',~ 42~.')117 ~.. Florida Sl;tlutc~ ;llltl ( '}l;ll)lcl '11-37. l'h~rlda Administrative Code: and XVIIEIIEAS. in accordance with Collier C'ounly Ordinance No. 93-19. thc (.'Otlllly authorized to use funding l?om I]~e STate th)using Initiatives Pa~anership [NltIP] Program Ibr xxaivcrs of Collicr County impact lbcs; and WI IEREAS. Rommy T. Smith is seeking a waiver of impacl lbcs; and XVIIERI-;AS. Return? T. Smith ',~Jll construct a three (~1 bedroom un~l ~thc "f)wclling I :uif') al 313 Gaunt Street. lmmokalec in Collier County. Florida: and W il E REAS, ~ho Dxvclling Unit ~ill be owned by a x'cO' low income household, WIIEREAS, Rommy T. Smith submillcd to tho el'rice of thc llousing and Urban Improvement Department an Afl~rdable I lousing Application dalcd Oclobcr 21. 1998 tbr a waiver of impact IL'es for thc construction of a house al 313 Gaunt Street in Immoka!cc, C'ollicr ('t)tmty, Florida. a copy of said application is o~ file in thc Ih)using and Urh;m Improvement l)cparm~cnt: and WIIEREAS, i~ accordance with Section 3.(14 of the Library SS'stclll Impact I:cc Ordimmcc, Ordinance No. 8S-97. as amended; Soctiou 4.05 of thc Parks and Recreational Facilities Impact Fcc Ordinance, Ordinance No. 8S.96, as amended; Section 3.04 of file Roud Impact Fcc Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Iml)acl Fee Ordinance. Ordinance No. 91-71, as amended; and Section 3,05 of the Educalional Facilities System Impact Fcc Ordinance, Ordinance No. 92-33, as amended; an al~plicanl may oblain ii waiver of impact fees by qualifying Ibr a waiver; alld XVIIEREAS, Rommy T. Smith has qualified Ibr an impi~:'t Ibc ~aix'cr based upon tho following representations made by Rommy 'I. SlllilR: -1- A. The Dwelling UnJL si~all be owned by a firsl-tJnlC home buycn B. Thc Dwcllin~ Unit shall be owned by a household with a very Iow income level as tcan is defined in thc Appendices to thc respective Impact Fcc Ordinances and monthly payment to purchase thc unit must be within thc affordable housing guidelines established in thc Appendices lo tl~c respective Impact Fcc Ordimmccs. C. Thc l)x~clling Unit shall hc thc l tomcstcad of thc owner. D. The Dwelling Unit shall remain afl,rulable l~r fifteen 1151 years I5'~m~ ~l~c date thc certificate of occupancy is issued. NOW. TIIEREFORE. BE IT RESOI.VEI) BY TIlE IIOAI{D OF COUNTY COMMISSIONERS OF COI.I.IEI~ COUNTY, FI.OIUI)A, 'I'IIAT: I. Thc Board of COtlllly Commissioners hereby authorizes thc Cotlllty Administralor lo iS>tlC itl1 ..Xuth,,ri/afion ~;,r x~aivcr of impact i;ecs to R,,mmv T. Smifl~ l;,' one (I I x'.hich shall bc construclcd at 313 (]allllI SIrcct. IIllllBI~L;~iCC. ICl (','}Jlcl ('t,HlllV. J;Jol Idil. 2. Upon receipt b)' thc /lousing and I'rban Improvement lhrcct,,' ,,f ;m agl'CClllClll waiver signed by Rommy 'I'. Smith. or other documcntamm acceptable to Ibc ('t)tlllly Attorney. thc Board of Count5 Commissioners hereby authorizes thc payment by Collicr Cuunty of thc Gllowing impact fccs ITom thc AflYrd,tblc }lousing Trust Fund. Fund (I 91 ). in the IBIlowing amounts Ibc thc one {1) house lo bc buih al 313 Garret Street in lmmokalcc. Collier ('otmty. l:lorida by Rommy '[. A. l.ibrary Impact Fcc S l B. Road Impact Fcc 1.37*An~ C. l'arks and Recreational Facilities hnpact Fee: {I) Regional Parks 1 { 2 ) Community Parks 3~),~.~ D. EMS Impact Fcc E. Educational Facilities Nyslcm Total Impact Fees S 3.929.52 3. Thc payment of impact tuts by Collier County is subject to thc execution recordation ol' all ..Xl'Ibrdablc ilousing .Agreement Ibc payment of ('t>llicr ('ountv hnpact Fees bclxk cell thc prupcrly n,.t ncr alld Or ptlrc}l'ascr alld thc ('OtlII[V. -2- EX11113I'I' LEGAL DESCRIf'TION ROMMY T. SMITII RESIDENCE LOTS 6 AND 7, BLOCK 5, MAINLINE SUBDIVISION, 313 GAUNT STREET, ACCORDING TO TIlE PLAT TItEREOF, RECORDI~D IN I'LAT BOOK 1, PAGE 98, OF TIlE I'UBLIC RECORDS OF COI.I.II~R COUNTY. FLORIDA. -4- MAiN LINE SUBDIVISION , Being a sub~Msion of the SW-'I/~ of II~'SW-V4 of .... "~' 71~ SecJ[on ~, Twp, 47'S.- Rg.29E.Tallahcss~e IV~ridia~, Immc~aJee, C. ollier C~nJg, Florida. .C.~3Je :i,', ,ICOft Oclober, i950 C AVENUE AVENUE--' : 17 I 28 18 [ 19 [ 2~ .24 E. AVEr,'UE. f ('Otli]l>'. Florida. hcrcinal'tcr r~.'li'n'cd ,~ as "('()I;NTV" and I~.~mm~v I, .'SlnJth. hcr,.'in',llicr rc I'crrcd !.o as "O'~\'X L: R." W I T N E S S f!'F f1: \VIIF. RE..\S. C'ollicr (i'i'~tllllV ()rdinancc No. ~q-~)7. :is ;mlcndcd. thc ('~dli,..'r ('C~tllllV Collier ('oulllv Parks ;llld Rccrc.tion:lJ l"acililics IlllpaCl J"CC ()rdinancc; ('.llicr ('~tllllV Ordinancc N~. ~)I-71. as ,mended. thc (',llicr ('t~tllllV [{lllCl'~Cll(')' .Xlcdic'al Xcrvic'c'~ Impact Kcc Ordinancc: ('-IIicr ('o,nlv ()rdinancc No. ~ ~ -_-__. Road lmp:~ct Fcc Ordinance: and C'ollicr ('ounly Ordinance N,. '~2-33. as mncndcd. Ibc (',llicr C'ountv I~clucational Facilities System Impacl Fcc ()rdinancc; as IYom timc m time hcrcinalicr collectively rcIYrrcd m ax"lmlxtCt I:cc ()rdinmlcc", pr~vidc waivers ot' impact t~cs Ibr new ox~ncr-occul~iCd dxvcllin- units qualiI~'in~ WI II~REAS. OWNER has applied Ibr a waiver of impacl Fcc Ordinance. a copy of said ;U~plic;nhm is on file in Iht ~l'l~cc ol' II,using and I:rhan Improvement Dc]~:n'tmcnt: and waiver ol' impact t~c~ ax csml:lishcd in thc Imlx~CI Fcc ()rdinancc; and WI IER[L. kS, thc impact I~c x~aivcr shall hc prcscnlcd in Iic, ()f impact l~cs suh.jcct I(~ smislhcthm t>I';lll crilcria in Ibc Impacl Fcc ()nlin:mncc qtnllil'ying ~hc project as eligible Ibr an impac~ l~c waiver and WI tI~RI~,.XS, ~hc ('()I,:NTY appr<)vcd :~ waiver ()f impact tL'c~ WIfI'~R[!:\S. Ibc lmpacl Fcc Ordimmc~ requires Ihat Agrccmcnt ,,,,'ifl~ thc COISN'I'Y. 25 2. PG', 'I. 6A 1, Ibc ()\VNI!I{ cHtcr inlo all NOW. 'I'I I[£I{IiFOR[:'. in consideration of thc l'orcgoirlg rccit:fls, thc pm'tics cm cH:Hll Hml agree as Volltm'g: 1. RI~C'I'['AI.S IN('OI~I~OI(:VI'I{I). 'linc lhFcgtfing rccimls m'c truc ami C~H'FUCI Hml shrill he incorporz~tcd by relk'rcHce herein. 2. I.EGAI. DI~SCRIP'I'ION. Thc Icgi~l dcscril)tion of thc tlxxclling trait (thc"l)xxctlinu Unit") and site phi is attached hcFct(} as I~xhihil ";X" :Itt iHct)rp(u'alcd by rclDrcnce hcrcin. 3. 'I'I~R.%I. OWNER ~mrccs thz~t thc I)wclliH,, I'Hit ~,tJall r'cmz~iH :~s :~l'li~Fdithlc h(m~qiHz and shall hc oI'fgrcd Ii)F SHIc in HccortJ:lllcc wilh thc sl;tllthtl'tls scl liH'th in thc ;U)pcrldicus to thc Impacl Fcc ()rdiHancc Ibr it i,crit)tJ oJ' t]l]ccll (151 VUiH'H cnmmcncing fi'om thc thttc thc ccrtil]catc ofoccupa~lcy is issued Iht Ibc l)xvclliHg th:it. 4. RISI'RI~SI~NTA'I'ION5 ..XNI)W..XRR..XNTII{S. ()WNIH{ I'C[WUNCIIIs;IlltI XXZlI'I';HIIs thc a. Owner maintains a htmschold with a h~xv iHcomc :~s tlcliHcd iH linc appcndiccs to thc Impact l:cc ()rdinancc ami thc monthly p;lylllcllls h~ lmrchasc thc I)xvclling [.;nit must bc within thc at'tiu'ttHhlc hm~siHg ?~itlcliHcs cstzflqishcd in tl~c appcndiccs t,~ Ibc Impact l"cc ()rtlin;mcc: b. ()xx ncr is :t lSrst-timc }~t)mc buycF: d, '['hc Dwelling [Jllil shall rcmaiH ;is ;~l'lhrtl:lb]c h(msing Iht tiIiuuH (l 5) ycrH's l?om thc date thc ccrtilicatc oFocctu3ancy is issuctl li)r thc l)wclling lJHiI: c. ()WNHR is thc OXkllCI' ()J' FCCOI'd Of thc l)wcllin5 t'Hit ;lilt[ ()wes inu,:~ct l~CS hi lhc tot;ti :tlllt)tlllt om's.~,"' c~c)_ ).fi~._ pLII'SLI;Illl N) thc Imnpact Fcc P512 ()rdimmcc. In rclm-n lhr Iht waiver (al'thc inlp;~ct Ibcs ~xvcd hv impact Igc xvaivcr qualil]catitm criteria detailed in thc Impact I'cc ()rdinancc. impact li'c wmvcr Io a stzl~scqttcm inlrchascr or renter, ibc l)xx cllillU I'nil si~all hc x~hi 6. ..[FI:()R[)At/I,I.~ RI{Q[ 'IRI{NIi{NI. Thc l)xkclting L.Yn~t IIlLIM I~C ulili/cd I~r housing Ibr a fifteen t151 >car period alicr thc date thc ccrtil}calc ~1' occupancy issticd: and it' thc [)~clling [h~il ceases to bc utili/cd ibr that PUrlmSC during such period, thc imp:~ct IDes sh:~ll hc immediately repaid to tile ('()1 rX'I'¥, COlllilltlotlS periled oF l]l]ecn years alkcr thc date thc ccrtll}calc ~}l'~ccup;incy is Jsstic(t. 7. LIILN. Thc waived impact IZ'cs shall hc it lien upon thc properly ~xhich lien may hc lbrccloscd upon in thc event o1' ixm-complial~cc xxith tile I'cqtlil'cmcnls ~I' this S. RISI,I{.,XSI~ OF I,II~N. I'p,m s;itislhch~ry conlplcli(m c~l'zi~c .-lgrccmc~t Lq*on paynlcnt oFII]c x~aixcd imp:icl Ii'cs. thc ('OliN'l Y sh;tll. ;It thc expense o1' Iht COUNTY. record any necessary d(~cumcntalion evidencing thc tcrnlinalion ol'thc lien. including, but not limited to, a release of lien. 9. [~[NDIN(} I~FFHCT. This ,,[grccmncnt shall bc hhlding Lq)On thc p;,'tics h, IJlis assigns. In thc case o1' s:llc ~r trlmslbr by gili of thc l)xkclling I:nit. thc original OWNHR shall rcim~in l/able lbr thc hnpacl Igcs waived dclbz'rcd until said impacl Ibcs arc paid in fi~ll or until thc conditions scl Forth in thc Impact Fcc ()rdimmcc satislicd, l)l ;)dditio)l. this/\grcclncnt shall run wilh thc land and shall remain against thc Dwelling t_:nit until thc provisions el'Section X nrc salislicd. 10. RI!COl/DIN(}. This Agreement shrill bc recorded by ()WNIiI{ itl Ibc OWN[iR in thc Ol'licial [{ccortls o1' ('oilier ('ot~llv. ["lorid:~. wilhin s/xlx' al'tcr c'xcctllioi1 o1' tills .'X?'cc~llcill hx Ibc ('hnirn~an of thc I/ozzrd ~1' ('()IllllV ColllllliSSiOllOl's. Il. DtiF..XlZI.'I'. OWNI!R shall bo in dcl~ttlt el'this :Xgrccmcnl ( I I ~x hcrc ()WNI(I{ to sell the Dwelling Unit in accorda~cc with thc afftBrdablc hot~sit~g stlu~dards qualilicalio~ criteria cslal, lishcd in thc Impact ['cc Ordinlutcc :t~d thereafter fab' Iht D~:p;ict IL'cs ~vi~hi~ .%~ days oCs',dd ;~n-c~mpli:~ncc. ~' 12) ~ I~crc ()WNI{I~ ()rdinancc Ii~r it pcFiod ofthirt5. (3t)} ditvs al)er nolicc el'thc 12.[{ENIEI)IISS. Should the OWNEI{ of thc properly I~il lo conHMy with thc said qttalilScatio~ criteria nt any time during tho /515cch {15} kc:u-pcFiod t~r should agrees that thc impacl I~cs ~saJvcd shall co~sliltHc a Iici) t~n thc l)wclling comn~cncing on thc c/'l~ctix'c date of this ~Xgrccmcnt a~d Conli~tiing u~Hil Such lion shall be superior and paramount to thc intorcsl in thc l)xvclling t/nit oxv~lcr, lessee, tcllaflt, morlgi~gcc, or oilier pcrSOll cxccpl thc lien Ii,,' ('OUllIv tilXCS ;lll(J ~xrittcn llOlicc lo ()WNILI{. Ibc ltoilrd lllilV brillg cix ml ;~clio~ I{* c,){i~Fcc this propel'IS'. '/'his remedy is ct~mt~latix'c with any other right or remedy nvailat,lc tt) thc COUNT5'. Thc [~oard shall he entitled to rccoxcr all atloF~c.v's IUc. s. inct~Frcd by thc OR: 2151 PG: O A Board in cntbrcing Ihis .-\~rccmcnl. plus inlcrcst al Ibc st~ittllOi"v F:llc FOF tld?ll¢lllS calculated on a calendar day basis until paid. IN WITNESS \\']II.LI~,L:OF. lhc parlics have executed tiffs ..\grccmcnt For Waiver oF Impact Fees on tile date and 3'car tirst abox'¢ written. \Vitncsscs: ,_~'.'Print Name -'..,.,.,.. ,..___,,~,~_.:,.. / STATF OF FI.OI~ID.,\) COUN'F'~' OF ('OI.I_IER) Thc Foregoing instrtlmcnt was ackl~owlcdgcd before mc this ~,/ dav (>1' ,.,v, . ~ ~ 1999. bv Rommv '['. Smith. She is personally known to mc or-produccd~ - ) - ~ ~.~ JEANNE DAI. BEY $ ~ ~ ~ M~ COMMI$%ION · CC ~1* ~ [N~ '-' Sfunaturc o1' ['crson 'l':lkinu ..Xc~no~ Icdumcnt ATTEST: DWIGtII' E. BROOK, CleFk tte'st ~s to Chai~n's si~ature o~ly. Approved as to Ii)Fro and legal sufticicncv Hcidi F. ,,\sl~ton Assistant County ,.\ttomev jd'c/agrccmcn! return.', snlllh I I!XIIIBIT "A" I.EG.'\ I. DI:.S('RIPTION I.O'FS 6 .'\ND 7. BI.OC'K 5, MAINI.INL: SUBDIVISION. ,'\('('()RI)IN(; ]'O 'FItE PLAT REC'ORDI~D IN PLAT BOOK I. P..X(~E 9S. ()F '1'111~ PUBLIC RECORDS OF C'OI.LIER ('OL:N'fY. FI.ORII)A MAiN LiNE b~UBDIVISION Being a subdivision of the SW-I/4 of the SW-I/4 of Section 5, 7wp. 47S.- Rg.29E.TalJahasseeMeridian, Immokaiee, Collier County, Florida. ~:;;e ~r,**:CO fl October, i950 1 C .... / .... ,r r~ '~VE'.,,'")=~ f / ,%. i 24 .~', 19 ,l 20 t '0 o~ Fr oc / '~ " O. AVENUE E. AVENUE 3,6 12 16 17 18 15 J .... .7~ IG J 29 ,'~'o. 99- 89 A RES:OLUT[G;; '37 THE P. OARD OF COUNTY COt,2'{iSSIONERS PRC'/iS~XG FOP ASSESSHENT OF bIER, FOR THE COST OF THE AkATEMEr;T OF PUBLIC NUISANCE, iii ACCORDANCI;; WiTH ORDINANCE 91-,17. , . .... ] .... ] Ordinance 91-47, the direct costs of abatement cf certain nuisances, including prescribed administrative cost incurred ky the County, shall be assessed against such property; and WNE:~.F;.£, t.!;.u uost_ th.~reof to Lhe County as t:o r~ach [aI-r'el :;hal with., ,fortaz !? :,,n ,,f s.~i J p,~rc,:l; and . . .,..:/::s~S, s'.;cn assessment shal; ~e a loc:al, valid and binciing onllgatzon uscn the nronert'/ against which 6ado un'ti paid; and ,,n=..=,,S, the assessment shall become d~- and r;.,yable thirty days a~ter the mailing of Notice of Assessment aft%r which interest shall accrue at a rate of two]ye percent (]2.0%) pe~ ,*nnum ~n unpaid portion NOw, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTy COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and he'zing been abated of a public nuisance after due and proper notice thereof to the owner cf said property, is hereby assessed the fcilowln9' ,;cs,is of such abatement, tc wit: NAME: Mr. Wallace L Joyce 506 Quinnipiac Ave North Haven, CT 06473 Mr. Lawrence Joyce 1268 Commercial Ave Coos Bay, OR 97420 Ms. Joan H Hubbard 110 High St Clinton, CT 06413 Ms. Barbara Showalter 127 Maple St East Haven, CT 06512 Ms. Patricia Harowkewicz 389 Ocean Ave West Haven, CT 06516 Ms. Judith J Corso 128 Robert Dr East Haven, CT 06512 Ms. Lauren K Bowers 62 Grove St Branford CT 06405 LEGAL DE$CRIpTiONi Lot 5, Block D, South Tamiami Heights as recorded and platted in Plat Book 3, Page 44, Public records of Collier County, Florida. gO__ST $245.00 2448555 OR: 2523 PG: 3406 RICOROID In OHICIAL IIICORO$ of CO[.LIII~ COUlI?I, COPIIS fLIH TO ?il BOARD REFERENCE: 80331-053 #74412200000 The Clerk cf the Boa.,'~ shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to Fay such assessment within thirty (30~ days hereof, a certified copy of this Resolution shall be recorded in the official records cf Collier County, to constitute a lien against, such property according to law, unless such df:cation is stayed b',, this Board upon appeal of zhe assessment of zhe owner. BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Mr. Wallace L Joyce, 506 Quinnipiac Ave, North Haven, CT 06473 Mr. Lawrence Joyce, 1268 Commercial Ave, Coos Bay, OR 97420 Ms. Joan H Hubbard, 110 High St, Clinton, CT 06413 Ms. Barbara Showalter, 127 Maple St, East Haven, CT 06512 Ms. Patricia Harowkewicz, 389 Ocean Ave, West Haven, CT 06516 Ms. Judith J Corso, 128 Robert Dr, East Haven, CT 06512 Ms. Lauren K Bowers, 62 Grove St, Branford CT 06405 REFERENCE 80331-053 ~74412200000 ' :?~;; Lot 5, Block D, South Tamiami Heights as recorded and platted in Plat Book 3, Page 44, Public records of Collier County, Florida. · ·., :.'= '.'.U~' .' : ' L" ."" : ' : z ':; V.? ':"L '.' i: '~ :, : ~ ~' ~ :' : Y':"iC7'i? :'~::Y.'_:iL' : :': ':?. .::. '~ .~ ~L'? ~ ." ' .,' '.'." ' '/ /-:: ; ~ .i,.:, ~;" ,,';'.'i:;e'i ' :..~". t:... : =: · 1'::. :" .":~*,'1':,~ M;lr,:'~,:r, u:': :. 4/9/98, · %'/ L: ILL,::. :.: ':- ;~ , .:.':','.L : : ' :'?' ':/:,",I ~i[>'>:'..' , '. 'l. ~.i, Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". ':'L~ :i;::*' : '_'..~:1'.,.. : ;::. : .... ~-l[::~:; ,W.;~ ~r! .... ,:~/, ~ l'~ '.'/q:: .ii -J'..': ~ f"t' · ' $ 45.00 ':;':,,' ":. i ' ;:,, : : ,: ; : ' : .:,';: ~'- ': :, :"' ". ".:~t .'... :':"::.:. ' : ;' :'." : $200,00 ' ,: - ' ' ~. ..l $ 245.00. .',~':, ,: ,:;~:;, }''"';' ~';' · 1. : ''.: }' :: : ' · .''./ ;':'. , !.' :; : . ., : F.'.: : :,:, :.:v.: :,': ':. :, ::".:'' : : :~,:. ' ':, :I, v.- i : : .... ,' '. i:[:,.r--' - lOr; :!'~':' :'~ !','::'' -~ L''-:: ::. : :- : .~,. '['~' !~'~"~!<~'~ ']',';:.' / ~[~:':[~l~[;l~'~Ii~'r:; GJ:';':4 fl%:' t.'-." 1:', : '::;-:' ~: ,"~?F~:;F:'~','!I 'C '~:,,? ',':111 ;. .... ",:'r, :' ,:::':~ ';i" C';U[:T'{ "~ .......... ~ ....... ::fl ',. ',- : /% ~ 0 ATTEST: DWIGHT E. BROCK, CLERK ~D LEGAL DAVID WEIGEL COUNTY ATTORNEY second and majority vote. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY I:LOR IDA P~a S. Ma: ~i., Chai~'woman CSce 11 - i/I/9~ Attest as to Ch~irman's st~qature only. ..m~.J,,d, IO~,, NO. 99- 90 A RESOLUTION OF THE P, OARD OF COUNTY CO.r.{XlSSIO,'~Pii~S PRO't:iSi::G FOR ASSESSME:~T OF LIEN, FOR THE COST OF TNE ABATF. iME::T OF PI;RL!C NUISANCE, ~}: ACCORDANCF, WIT.:{ ORDINANCE 91-47. · .";---='c,~h~X_h~, aS provided in Ordinance 91-47, ~ .... direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereo£ to the County as to each parcel shall be calculated and reported to the Board of Count'/ Commissioners, together with a des':r:.p'.isr. ',f :~:,id .:,a:'cei; and obligation Epc:l t::e ~rcpert'/ against 'wn~cil :ra~:.-: ...... ~ :oa~r~; and WHEREAS, r.~,._ ass_ssm.~n~_ shall become due a;:d payable thir'Ly days afzer the ma:ilng of :~otic,:. of Assessment. after whfch shall accrue at a rate cf twelve percent (12.0%) per annum on any unpaid portico thereof. :;OW, THEPE?CRE, BE '" RESOLVED BY THE BOARD OF COUNTY COMMiSS!O:;ERS ~= COLLIER .... '~'z , .... ~U,~,., FLORIDA that the property described as follows, and havinu heed abated of a public nuisance after due and prope~ ............ notice 'i~'~-no~ ~o t~'~ owner of said .n"o~'r'rtY-- :.. , i~. hereby assessed the foiicwi:.l -:-,r:'_s cf s~;ch ab.~t,;m,::~t, t.o wit: NAME: LEGAL DESCRIPTION: COST Paul L Riddleberger JR 652 -94~h Ave N Naples, FL 34108 Lot 11, Block 6, NAPLES MANOR EXTENSION, according to the plat thereof, recorded in Plat Book3, Page 101, of the Public Records of Collier County, Florida. $340.00 REFERENCE: 80514-017 ~62204520007 T'::e Clerk 'if the B',a:d shall mail a noti-:e cf assessr:,:nt ot lien tO the c',;ner cr owners of ~he abo';e described property, and if such owner fails ts pay such assessment within thirty (}O; days hereof, a certified copy of ~his Resolution sbali be recorded in the official records of Collier County, lo constitute a lien against such proper~y according to law, unless such direction is stayed by this Board upon appeal of the assessment cf the owner. This Resolution adopted after motion, second and majo: ity vote. ATTEST: DWIGHT E. BROCK, ,CLERK sl~ature only, A~PROV~D A~ TO F©RM ~ND LEGAL SUFF ..... ~v DAVID WEiGEL COUNT'/ ATTORi;EY CSce ii !/i/99 .:~OARD OF CSU:;':",~ C'2<M iSS lONERS COLLIER r'-,.r ~-'m" F:~OR I DA / ~/' / i ' ' ,': , / / / , ;, / ~["' ~/, s'/: ., , , ~ /{- Pamela S. Mac'Kie, Chairwoman 2448556 OR: 2523 PG: 3409 RlCOItDlO In OUICIII, RICORDS of COI, LIIR COOITl, Fi, RIC Fill 10.50 COPII$ 2.00 Retn: CI, IRK ?0 I'1'11 80ARO tli?IRON'I¢i tlit t'I,001~, lit 724( BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Paul L Riddleberger JR 652 -94=h Ave N Naples, FL 34108 P~EFERENCE 80514-017 ~62204520007 L~i.2~ N:.~{?ki.: LEGAL !3E2';Pi~:Ti%~:: Lot 11, Block 6, NAPLES MANOR EXTENSION, according to the plat thereof, recorded in Plat Book3, Page 101, of the Public Records of Collier County, Florida. ad'/:sed ':.:~t '.:." ;-.::!..: ~:.q, .'~::'.':,:e:: :.l:::~er, dlu .:. 5/14/98, ~:-:,:: the Ordi:./::~ce 32-,i", ::er'.'::.[~ : .'.ic,~ tr:ere©~ up-;n Y' :, :; ;':f, :','::::,~:;,',: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Weeds over 18", also vegetative debris of downed trees & branches. a'Jm-r:i:~t_r-;'_i'.'e ':'.::' : $200.00 : -: -:; t:l ' f $ 340.00. ~lcri'~:~, :.!:'.'e n,-.-:r. ~:-,~,:.s-:;..-, .,-:,::;.:~t -.:;,: ;~h,:'.'e p:'t, per',':' ,:, a,",c Sr.a... :',~-~]:r-: :: i ;.~r. -.r. ' :.e n.r,x~e:t',' thirty '!1 -J,t~'/:; aS.$eSS;ZeL t . .qF, O't.' 'i;: ':r. ' ' · .... . ...... r.',';.~-. '.'~,, .'' '~ ;h.' ~':r.'l ' - ' . ~ ,, , .... " '.:lq~r ' ; - l.~':l;.-;[. }" iF@ ;[.','"':: r;::,'-r'q %: "?:':'~:~S;.'.'r' ' ''.';;,'.' Go'/ern:ner:t Cenler, Nanles, Fi,}rica 3,1112 in ',;rit:r,{~ wi'bin thirty days~ .... .... ~ ....... ~- da~- cf t?.i~ ,.,?:s,.~ss,r:en', to be CSce "- ' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PRCVr-r,',:.=.,.~ .rru~.. ASSESSMENT OF LIEN, FCR THE COST OF THE AN;,TEMK::T qF PUi~L~C NUISANCE, IN ACCCRDANCF. ...... ~ ........ c-' -47. ',4.:{EREAS, as [.rc';ided in Ordinance 91-47, the direct. ¢:©:;t:; of abatet.-ent of cot':a!:; n~;~:;a:.ces, including pre:;crlbed a,Jmini.~;t~atlve cost incurred ky the Cc';nty, shall be assessed a-.:air;.qt such property; and WHEREAS, the scs% thereof to the County as to each parcel shall be calculated ant ~_oc.~_d to the Board of County Commissioners, together with a descr; ...... = ' ' ~:,~ ...... sa~s parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property ageinst which made until paid; ar.d '/;h'EREAS, the assessment shall become due and payable thirty (30) days after the ~ailing of :;trice of Assessment after which int_erest shall accrue at a rate of twelve percen.t (i2.0%} pe~ annu:n on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE hOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuis&nce a~ter due and proper nozlce thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: ~OST Sheila Tempelmann 33 University Ave ~1001 Toronto Ontario Canada MFJ 2S7 Lot 56, Block 591 of Marco Beach Unit Twenty-three a Subdivision according to the Plat thereof, recorded in Plat Book 8 Page 81-83, of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80527-094 #58772280003 to %h~ r-..~ - ,. ::e anr;','e ,iescrlked n:-or~orr, y, .... },:._r 5~ owners -" ' ' . , and J [ such owner fails to [3,1}' such u::iess:nent, within thirty {3ri'~ da,l:; hereof, a certified copy sf thxs Resilutiox shall be recorded in the official records cf Collier County, '.c constitute a ilen against such property acccrdlng to law, unless such direction is stayed by this Board upon appeal of the assessmen5 cf the owner. This Resolution aicptei after motion, second ani majority vote. DATED: VER - ~ ATTEST: ~tt~,..,n. r~. s .... K, CLERK : tc ~:D LEGAL SUFFiCiENCY: DAVID WEIGEL COUNTY ATTORNEY CSce ' i i/i/i9 hOARD OF COUNTY COMMISSIONERS COLLiER,COUNTY, FLORIDA ,," ~I,. ..'/ ; ~ / / ,' / BY:~ / / / ~' '~(/" ~amala S. Mac':ie Chairwoman 2448557 OR: 2523 ?S: 3411 ¢0N15 2.00 lit 72i0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Sheila Tempelmann 33 University Ave #1001 Toronto Ontario Canada MFJ 2S7 REFERENCE 80527-094 #58772280003 Lot 56, Block 591 of Marco Beach Unit Twenty-three a Subdivision according to the Plat thereof, recorded in Plat Book 8 Page 81-83, of the Public Records of Collier County, Florida. recorC~ :r--..ir:t.::.~,e-j i.'.,' '.;.:: ' ::.,?. ~.f ',he J'rcp~+rty ;,,,,'!,r.~ ;:~:.-, a'J',':$~.,:_ ................. '-..' '-~. '~ .... .- ' ' .... .' :.:,~::.~.::,'..r, 'i:~: '.:. 5/28/98, ,~r,~,.: ~b~temer. t ;f ;~ "-';:'::::. r.:::-'.:n ',: .:;.::::' :r?: :: *r:e ,':: v.. :,r,,!..',r' '.,' b'/ Ord:r.e ..... .... ~, 9'-,,,,'" .... 'r''":r, :..' !'" .... ,.',.c' ';:.o::. '/''., :::;-.~. Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". '1',' .~.l:;~:": %0 -:r:~:'.: .::;::: :.i::; ::::,'; 'z,!:~:,~(:U!~%r,,L' ',',',~;: :,' ':''": admlr~:str~:t;',-e ~:%:~:' ,:f $200,00 t%: ~; ,.ora', '.,~. $ 245.00. Flor/da, ::,-:v;: h,:_.,::~ -::~r~e:~:,~-: .:':;~:::~.~t t;.,_-' abc'.,e p:::h,:..~t7 ~,.... ~'~'~ "~ ~9~q. '"O" .......... ~,-]'/ f'''; i/.''* ~ : ~"~"'' .; ' ,''~ -' ' :-:,': !: '::~: ,:~? '::,'',' "U.:T, iJS:&' hearin'.: must L,-. r.:':,; r:c th~- ~'er~: ~;t ~r.n ,hoard of 'q'.ur,t/ ~5o','err::r,,::,'. ';,;:':t.~::, :;.:!.Lc:;, !'L'::':,, :;::; :r. "-' ..... 'CZE??', .:.:O;:?b O.F COUWr':' A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROViDiNG FOR ASSESSMENT OF LIEN, FOR THE COST OF T}{F ARATEMEt;T OF PUBLIC ~UISANCE, IN ACCORDANCE ;';ii'~{ ,SRDi~A:4CE 91-47. WHEREAS, a:.-' p:'cvided ir: Ordfnance 91-47, the direct costs of abatement cf c.-,:'t nih m:ir;.~:t,',,:;, i~'lu,ii;~g pl,::;,:~ ib,:d ,*dminfst_rat_i,ze cost incurred i;y the County, shall be assessed against such properly; and .......,::=.-.r.,:.~*-, the ¢'o--+. ..~ t?-.er,_.of to the County as to ¢..~¢:h parcel shall be calculated and reported to the Board of County Commissioners, together' with a description of said parcel; and WHEREAS, such assessme:tr, shall be a legal, valid and bJndLng obligation u.~on the property a~ainst which made until paid; and days¢-~-~=,.,=. *'=...: .... ...~_: ~-3 ~ ~r,, i~.~. .~I: Assessment afte~ which interent shall accrue at a ra~e of t_v.'elv.~ p~rce:w. (12.C%; L<:r annum on nny unpaid l;orti, cn '.hereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having keen abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: cost Julio Dominguez Estate John R Dominguez P/R 74 Ashley St Bridgeport, CT 06610 Lot 8, Block 175, Unit 5, Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80803-061 #36247840000 The Clerk of the Board shall mail a notice of assessment o[ lien to the owner or owners of the above describer] property, and i f such owner fails to pay such assessment within thirty '30i days hereo£, a certified copy cf this Resolution shall be recorded in the official records of Collier Csunty, to constitute a lien against such property according to !aw, unless such direction ls stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED :.£.~. ',' t!]9!; ATTEST: DWIGHT E. BROCK, CLERK s l~sature on~, " APPROVED AS TO FOPM AND LEGAL burrz'~,r ..... ; DAVID . COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /7 Pamela S. Mac'Kie, Chairwoman 2448558 OR: 2523 PG: 3413 ~ICO~DIO In O~IC]AL RlCORD~ 0[ COL~II~ COUXTT, ~ 03/IJ/19~ at 11:03~ DV[GH! l. BIOC:, ~lC ~11 10,50 COMIS 2.00 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSI~ENT OF LIEN lgA 2 Julio Dominguez Estate John R Dominguez P/R 74 Ashley St Bridgeport, CT 06610 REFERENCE 80803-061 #36247840000 LEGAL Lot 8, Block 175, Unit 5, Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 122 of the Public Records of Collier County, Florida. You, as the cwr, er of the property ,,bcTe d~:scribed, ,~:~ ~e¢:or(Jed records maintained by the office of the Property Apprais,~r, ar~ hereby adTised that the Ccmpllance Servicers Man,~qer, dld ~,h 8/7/98, '~rd,:r the abatement cf a qertaln nuisance existln! on the ah'/,',. [.r~4~'r~'/ by Ordinance 9i-47, seruing no%ice thereof upon you, ~;uc:; r;uin,,nc~, being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" expenditure of p'.:hlic funds at a direct toni. of $ 45.00 administrative cost of $200.00 icr ~] total o[ $ 245.00. Such costs, by Resolution cf ~kc. 5oarq cf County ,.;, m~s.~ .rs , . and shall become a lL,:n ~,n '.he p:,;NerLy 'Llr'.y ~ ;q :.~y: You may request a hear!n~ before t:,,~ [io;~rd o~ Co:.:nty "ior.:r. ls:;i,',r~er:~ Lo show cause, if any, why the expenses and charges incurrr~d b'/ the Cot;nt.y shculd not ccnstl~'~;te a lic:P. ,~{;alr. st t he prgperty. S'; :L r~,q,;r::~t for days from the date of %his assessment to ne valid. Ci,ERK, ~iOARD OF COUNTY COMMiSSiONERS CSce 9- 1/93 RESOLUTION NO. 99- 93 A R.ESSLUT:C;; CF T.:iE .:?.OAF~D OF COUNT':' PP©'/~D;:.'G ,;;ON A.q;biSSMENT 0!" I,IEN, FOP, TH!fl COST 'Nit ABATEMENT Oi.' PUBI,IC I'IUIS;d~CE, iN ACCORDANCE WiTH CRDiNA:~CE 91-47. WHEREAS° as prc'/ided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incu[red by the County, shall be assessed against such property; and WNEREAS, the cost tker,.or to the County as t.o each parcel shall be calculated and r,.r.o~d to the hoard of County Commissioners, toqqther with a description cf Said r, arcel; and - WHEREAS such oblilalicn upor. the prcp,:rt_y agair:st 'which made. until paid; a/id WHEREAS, the assessment shall become due and :~,~yable thirty (30) days after the mailing3 of ';o~i,-~. of Assessment a[t~:r which intorent shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, EE iT PESOL'/ED BY THE BOARD OF COUHTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the nroperty described as foiiows, and having keen abated of a public nu;sance after due and proper notice %hereof ts the owner of said Drosert:y is hereby :he foi~": ..... ~n-h! Cooks Cf S'gC':I , ba ':~'~"t, LO ',;i~ : NAME__.' bEGAL DESCRIPTION: Darren S & Barbara J Filkill 2201 -44~h Terrace SW Naples, FL 34116 Lot 7, Block 59, GOLDEN GATE, UNIT 2, according to the plat thereof recorded in Plat Book 5, Pages 65 through 77, inclusive, Public Records of Collier County, FloridA. REFERENCE: 80708-117 #35774240006 COST $290.00 The Clerk cf the Eodrd 'shall mail a nouice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty /30) days hereof, a certified copy cf zhis Pesolution shall be recorded in the o£ficial records of Collier Count},, to constitute a lien against such property according to la':.,, unless such direction is stayed by this Board upon appeal of the ass_os ....... cf ~,~ owner This Resolution adopted after motion, second and majority ,vote. DATED: ATTEST: DWIGHT E BROCK, r-~--. · AND LEGAl, SUFFiCiENCY: DAVID WEiGEL ..... ATTORNEY CSce Ii - 1/i/'99 Pamela S. Mac'Kie, Chairwoman 2448559 OR: 2523 PG: 3415 RIC Fig 10.50 CO~II~ 2,00 ~et~: CkIH ?0 ?~! ~0I~D I~?~O1HCi i?~ lkO0~ 724~ BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY, FLORIDA LEGA/~ NOTICE OF ASSESS~fENT OF LIEN Darren S & Barbara J Filkill 2201 -44~n Terrace SW Naples, FL 34116 DATE: P~EFERENCE 80708-117 #35774240006 LEGAL Lot 7, Block 59, GOLDEN GATE, UNIT 2, according to the plat thereof recorded in Plat Book 5, Pages 65 through 77, inclusive, Public Records of Collier County, Florida. records ::t.~ : :. t <: :. :?.': :.y t:.,: '.:!:':,: '.'. t:;,: J'[©?;::ty .:,N:'.:-:;:..,~r, .~.',' advlsec t:,:,': '.:.e ;-.:?l:,a:t'?,~ :>.:'.':ce.s !,:-tnager, did ,n 7/13/98, by Ordinance 91-,;-t, :~er','in,..' not:ce thereof upon '/ct:, such nuisance Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". expenditure of pULL:': funds at a ':irc'ct cost o[ $ 90.00 ,~:,,i adminLstr,]ti';e cost cf $200.00 for a total Of $ 290.00. :]ut'!: ROSOiL:tLCF, '-~: '_?'.~ Rc-!:J 0'. '{l~ ;:,'.y r'orr::~is$'~©:',ers Cf '2,1 i :,r:r ~::".d '.i:~,;.~ :::31:'-: : ,:,,:, '.:. ':,.. !:'!.,.:'.y t::Lr'.'./ :. :~}':: .:',?,',' a .5 s ~ s .'3 :R.z :.'.. You may rr;c,.";.;:lt .: .'.,z:li:;q :,,~'.'3r,} ,he l*.oard of tl,,~;:~*.}, (?~;Ri:3si~n~2[:~ .show cause, '-.' .::;y, why '.hr~ ..:<p,.~nr~,~s ,tn(J char(,:e.'-: i;:':ur~,zd by Lhr..~ Cr)l:nty sho!.:lr] :.".t ~...:;:..2' j ' l , ~ . :,-:. .:q,i:i:-lt t. he prr~.[~ert'/. :1;1,:[; r,.r{u,.r,* heJri::'.: :..::'. i.,. :',':,. ' '.::,- "::,}:k ,~! '::,, :-'.,)~:-d ~'. :.:::.'', Go'zerr;:>,;:;'_ '>::.'.?:', ';~::.e:', ;. i ;: '.,:, :4112 in v::i' l:. : '..;:'.h~:: '!ii:'',,, days £ro:r the ,:.,' .. .1 '".;2:. .::5:ie:s:~n,::.t t.r i,e 'Fa: i,J. CLE,,'-.K, P. OARD OF COUIi'F'f C£ce q- 2/%'3 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF DIEN, FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WiTH ORDI~:ANCE 91-47. WHEREAS, as provided in Ordinance 91-47, abatement ~ ~ cost, zncurrei b'/ the Cou:;tv, shall be assessed and ' ',';HEREAS, the ':cst thereof to the County as to ::ach p;~rce] :;ha]l calculated ani repcrted to the Eoard of County Ccmmissfoners togr}ther with a description cf said parcel; and ' WHEREAS, such assessment shall be a legal, valid and oblication upon th~ property against which ~ - mac:_ until paid; ,and WHEREAS, the assessment shall become due and payable thirty days alter the xailln,: cf Notice of Assessment after which shall accrue aL a rate -;f twelve r;ercent {12.0%) r3,:~' a~nH:m ,}:1 unpaid portion ':he:-ecf. ' ' t;C;.;, TNERENCPE, RE ii' PESOLVE[} :;v i'NE BOAR~ CF ~" ....... COMMiSSiONERS CF' CChI, iE~ COUNTY, FI,ORIDA, that the property as lei lows, and ha'/in,~ been abatte<] of a public n',~is;,r:c,~ ;,f~,,~ the foilo',,'in~ ccs:s of such abatement, to wi2: N~E: Michael & Janet Grella 729 Jane Dr Franklin Lakes, NJ 04717 REFERENC____~E: 80713-027 #57853400004 LEGAL DESCRIPTION: Lot 17, Block 326, Marco Beach Unit TEN, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 74-79, Public Records, Collier County, Florida. COST $245.00 The Clerk cf the Roard shal] mail a notice of a.~sess,ent, o£ liun to the owner cr ';,;::ers of the above described oropert,/, and ii such owner fails tc pay such assessment withirl thirty ~30) days hereof, a certifiei copy- zf this Rest!ut!on sh-~l! Le recorde,] i:t the official appeal of the assessment of the owner. This ~ ...... ~ ' fiocte,J ~ .... o~ ...... , a . a~[er motio::, second and majority vole. DATED: FEB "q ~J~e ATTEST: DWIGHT E. BROCK, CLERK APPROVED AND LEGAL SUFFiCiE::C':': ~.,' DAVID WEiGEL COUNTY ATTORNEY CSce ii 1/1/99 BOARD OF COUNTY COMMISSIONERS COLLI ER ~COUNTY, FLORIDA , ,,'/_~_/; ~ ) ,It,',/,' P, Y: / / . ~ Pamela S. Mac'Yie, Chairwoman 2448560 OR: 2523 PG: 3417 ~ICO~DI~ i~ OUICI~ ~ICO~D$ 0f ¢0~11~ COUP?T, ~ RIC 111 10.50 COPIII I~TIR0~IICi 4T~ /L00R BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Michael & Janet Grella 729 Jane Dr Franklin Lakes, NJ 04717 REFERENCE 80713-027 #57853400004 LEGAL DATE: Lot 17, Block 326, Marco Beach Unit TEN, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 74-79, Public Records, Collier County, Florida. records malnta!r.~.: L'/ the o::ice o[ the Property ;'::..~r,~i~,~:, ,r,: ad,,'lse, d ,.nat '.:.:: :'>;:'~:': ::.c,. :'~,r';'~ces Manager, d:'i '.:: 7/13/98, by O:dlr;,~.L':,: '.:-.; ', .-?.:'.'1:~-: r/,' ;.':,~ '.h'"rr'" ·' ';[/,r. '/'';, ': ;'th r..;::..'h,',' Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". ............. , , $ 45.00 administ.:at;'.'e :-,',s'_ r;.,'. $200.00 '.Cf .~ t. Ctdl Of $ 245.00. /:u,'h ,:,,::ir;, P. eso!u;:~r, c: ':h,': [:,,;,:<: c: ':'";::'.7 qr,ftmi f~fJlOhQr:~ ',.J' "]'~i ~ ;' : rj ~;f~t '1', FlorifJa, La-,'~ keen ~ssesse': ;:':.~:,~:'. the ,:bo','e [,:':,'-:t'/.... ,,n ~'; : :~'.- and she ' h:,ccre a [:,-n or; ti:'.,. [.r.'.l~,~:-t7 ~h:rty ' ~ , d~=',.':; ,~fr,.r hearing must be r~(i,.~ to ,_he rl[erk of the Bc,/lrd r)f (?/iiit'/ Go./c. rnm,.:.t ~',-.,',.: ';.,:.1~-% Fl, r[,i.~ 34~:'~ :n ',.'r:' ::.~ '..,' 'h~r. thirty CSce r,_~ i/~,-, I RESOLUTION NO. 99- 95 PESCi. UT!C,'{ CF THE BOARD OF COUNTY COMMISSIONERS FOR ASSESSMENT OF I~!KU, FO.:{ TH:": COST OF AP, AT.:<:<E::T r)F P'J.::,LIC NUTSANCE, !N A':COPDANCE WHEREAS, as r,'ovidod i'; Ordinance 91-47 : ;-,- dire,"- c-;sL:; abatement of cart_als nui:.:ance.~, includin<:~ prescribe~l ,~drnin~:;1.~a: iv,: COS~ i .... u~d by the Co,xnty, shall he assessed ac:ainst such property; and WHEREAS, thc, cost theroof to tile County as to ,:ach p,,~cel shall caicula%ed ani reported to the Board of County Commissioners, together with a d~'s,'r~r,"i,,~ ~ said :>areal; and -~-:~,c such assessment shall be a ie,~ol '/aii'~ ~,nd binding . . : ...... Dr'cD,:rty a-~.~:tr;ti which 'fade :r:' i! p;~i-i; W}iEEE/,S, ';':1,: ar;ser;r;'~,:r,t r;ri.~ll r,,:c,,rn,~ due .,:.,i f.:~7.~i,l,, :hilL'/ da'/s -" _. the 'lin7 of Not:,',- of Ar;r;essrr. ent ;,:~,.,' which int.eres~ shaii accrue al a rate of '..welve percent ' 1 2 . 0% p::r ,il;hUm c~n unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and ha';ing been abated of a public nuisance after due and tne,eo~ to the owner o~ said property, is hereby assessed proper notice ' " ~ -~ ~: ic',,'in~: costs of such abatement to wit: N~E: LEGAL DESCRIPTION: COST Varnville Corp % Y Braunschweig Bethust 48 Lausanne Switzerland 1012 Lot 19, Block 787, of a REPLAT OF A PORTION OF MARCO BEACH UNIT TWENT-FIVE, according to the Plat thereof, recorded in Plat Book 12, Pages 86-89, of the Public Records of Collier County. Florida. $245.00 REFERENCE: 80713-034 ~59023960000 The Clef< of the Board shall mai! a netice of assessment of lien to the owner or c',/::ers of the above descriLed property, and if such owner fails to pay such assessment within ShiTty ,'39) days hereof, a certified copy cf this Resolution shall be recorded in the official records of Collier Count'/, to ccns[itute a lien agair:s~ such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ' ~'[~ "~i IqqC ATTEST: DWIGH'7 .:'i. r.:~,,--~' ,": Attest ~s t0 Chairman's F~qD LEGAL SUFFIC:ENCY: DAVID WEIGEL COUNTY ATTORNEY CSce i' - 1/i/99 .:,,C;...:<} OF CC';:;TY 'lO>P{ [SS [ONEPS" r., - ~ r:;~ CfjU.~:'fy, FLCR:DA ,. / i ,.."..., ~ ' / / t t Pamela S. >:ac'Kie, Cb.]irwoman 2448561 OR: 2523 PG: 3419 ilCODD 1~ 0HIClI~ 11C0~$ 0f ¢0~tllR CO,HI, ~ O]/It/IH} it II:03~ DVI~H I. HOCl, Ctlll RIC H! lO,~O COPIIS 2.00 CLH[ ?0 ?H BOA~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOT.ICE OF ASSESSMENT OF LIEN DATE: Varnville Corp % Y Braunschwelg Bethus t 48 Lausanne Switzerland 1012 REFERENCE 80713-034 #59023960000 ~. ~ ~.~ Lot 19, Block 787, of a REPLAT OF A PORTION OF ~L~RCO BEACH UNIT TWENT-FIVE, according to the Plat thereof, recorded in Plat Book 12, Pages 86-89, of the Public Records of Collier County Florida. You, as the o;..q,-:: %:i '!.e .~,r%..',er t7 a?,ove rJescr [hq-J, ,if; ro.-.'or,Jr~,~ ~n Prohibited acc~ulation of non-protected mowable veg. tation in excess of 18" in height in a s~divi~ion oth.r than Golden Gate Estates. Weeds over 18". admir;iszr.,t:'/,~ .:,¢.;'_ ,.: $200.00 ~or a t-'¢tai of $ 245.00. Such costs, ...... : ~ - -~ ..~. '/ . '!-:7".~ ~ft,:r such hearing muss r.e :r.~c]e te t_r.,~ "'er< of the !ioard of T<';r,t'/ Corn:nissior~orr~, CSce 9- RESOLUTION HO. 99-_96 A RRSOLUTiON {-,[" THE NC';,R7 OF CC:i::T'f CC, MM[SS:O:H6R.~; pROViDiNG FOR ASSESS>i~NT OF ~i~N, FOR THR COST OF THE ABATEMENT OF PUNI,[C NUISANCE, IN ACCORDANCE WiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of ce:train nuisa::ces, including prescribed administrative cos~ incurred by the County, shall be assessed against such property; and WHEREAS, the cos' t::ereof to the County as lo each parcel shall be calcul_a~ed and repcrted ~% the ~oa~d of County Commissioner:;, together with a descrigt!sn ef sai'J parcel; and WHEREAS, such assess:r.e:w: shall he a ielal, valid and blnding obligation upon the preserty against which made until paid; nnd days after ~he ma~!ing cf Notice of Assessmen~ after which interest shall accrue a~ a rate of twelye percen~ (12.0~) per annum on any unpaid portion thereo~. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~hat ~he properly described as follows, and ha'zing been aba~ed o~ a public nuisance aft. cF due and ~rooer notice thereof to the owner of said property, is hereby assessed [he' fcilowlng costs of such abatement, to wit: _NAME: Edwin & IDes Guerrero 4526 Meadowood Cir Apt 8 Naples, FL 34116 LEGAL DESCR__~IPTION: Lot 19, Block 110, Unit 3 Part - Golden Gate according to plat thereof recorded in Plat Book 5, Page 99, of the Public Records of Collier County, Florida. COST $245.00 REFERENCE: 80721-030 836008840003 -~-~ "'~-'-> of the Board shaki mall a notice ~[ assessment of lien owner fails :o ~ay such assessment within thirty (~C) days hereof, a certified co~y %f this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property acccrding tc !aw, unless such d[rectlon is stayed by this Board upon appeal of the assessment cf tile owr. er. This Resolution ado~t<:d after rctlon, seco;nd and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLER?'. AND LEGAL SUFFiCiENCY: · DAVID WE!GEL i COUNTY ATTORNEY CSce !i I/i/90 2448562 OR: 2523 PG: 3421 ~CO~DID ~IC ~R~ 10.50 COPII$ Retn: llt BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Edwin & Ines Guerrero 4526 Meadowood Cir Apt 8 Naples, FL 34116 REFERENCE 80721-030 #36008840003 L ' :.2; LEGAL DKSq.:~i[-i'%:;: Lot 19, Block 110, Unit 3 Part - Golden Gate according to plat thereof recorded in Plat Book 5, Page 99, of the Public Records of Collier County, Florida. ,-~'o~r~d in the 'lC';, -;x -:.r~ ;'...:.e: .... · ·-r. :....r~,I~','. . ,~ho'.'e ,!e.-~cr!b~d , af~ r , .... a.dvise~ '.hat ~h-:- ':mNli~:r.:'- .f.::','i,zes :.:an~,c~,r.. , d:d '.:. 7/21/98, order the by Ord:nance ?:-.;':, ~e~...;n3 r:.:tice thereo~ upon you, such nutsance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". You fa: ~,<] '.O aha:_,? s'.i-:L :,~;.r~h ',:; '.-;h~.r,~u[>.x, i' ',..'.~r~ ,~:~,:t ,.~: ~' t ezpenc: .... = '' r,:::l:c f;r:d:~ .~t a ,:~rect c:cr~t cf $ 45.00 adm~nistrat:'.'e cost: ~f $200.00 [or a total of $ 245.00. Such cost:~, ' r~o:,~'~ of Com:r, issior~ers o~ Collier County, Resolutior~ ol t:ne ..... riou:ltY Floric!a, have been assr:sse" -i']airist the above prcp,'.rt:'/ o:l F'~ ', aErJ f;h; ............... ' ' >c.~.c--~- .: ' -r.q C" 'r."r ],~Gr.c'mt'/. . ,h:rty ~'.. ':.:y:: aftt,':r show cause, if a:,~, .... wh7 tho e:.:r, ensos, and char,:~s..., incurr,}d by the County should Let .uof~st ' ttite ,i i i,~:: a,jainst the propert:'/. Such r,tquost for hearin~ ::.';st :? :' :'J': '.'~ tr.,: qi,;rk of t.::e [:~3~ar'J q! qo'.J[it7 Go','err:rr.,zr.t. C,?:,'.er, ::;:;,l,':s, Fl,,rz-:e~ 34112 :n ',.;r~'_:nq '..;:thin thirty days [:0:% Lf, e .'Ja'.,~ '.~ hr:is .~ssessfn,~r,t to be CSce 9- 1/93 A RESOLUTiOH C:? Th'E BOA?D OF COUNTY CD;/.>!!SSiONERS PROViEi:{G FOR ASSESSMENT OF LIEN, FCE THE COST OF THE ABATEMENT '}F PUBLIC NUISANCE, :~ ACCORDANCE Wi'Mr ~;RDiNANC['; '~L-47. WHEREAS, as pro'/ided in Ordinance 91-47, the direct costs of abatement cf certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parco] shall be calculated and reported to the Board of County Commissioners, togethe[ with a descriDticn cf said Darce!; and WHEREAS, s~lch assessr, ent shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing cf Notice of Assessment after which interest shall accrue at a rate cf twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, 5E iT RESOLVED BY THE BOARD OF COUNTY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having keen abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs cf such abatement, to wit: N~E: LEGAL DESCRIPTION: COST Richard F McCullough 255 Cocohatchee Dr Naples, FL 34110 Lot 42 & 43, Block 2, Trail Acres, Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. $290.00 REFERENCE: 80715-113 #77262280002 The Clerk cf the Board shall mall a notice cf assessment of lien to %he owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy cf this Resolution shall be recorded in the official records cf Collier County, to constitute a lien against such property according tc law, unless such direct!Ch is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: , f~ .Q~.. ATTEST: DWIGHT E. B=OCK // APPROVED AS TO FORM ~D LEGAL SUFFiCiENCY: .DAVID WEIGEL COUNTY ATTORNEY CSce 11 1/1/99 BOARD OF COUNTY COMMISSIONERS ~ / COLLIER C~OUNTY, FLORIDA .,, /'/ , , , , }/ / ,? ./ / ~ / ! .// t.~/~ Pamela S Mac'Kie, Chairwoman 2448563 OR: 2523 PG' 3423 R~COR~ in OHIC1A~ HCO~DS o[ CObLI[R CO~?~, ~ ~I¢ I!! 10.50 COHI$ l.O0 II?I~O~IlCl tTH ~LO~R lit 1240 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Richard F McCullough 255 Cocohatchee Dr Naples, FL 34110 DATE REFERENCE 80715-113 #77262280002 Lot 42 & 43, Block 2, Trail Acres, Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. ad'/ised %ha~ the ~c:-N~:ar-.ce S,:r';:r:,?s Marlager, CJ~'~ ",:. 7/20/98, ,~r,l,.r abaLemen: cf a certain nuisance existing on the above property prohibit, e<] by Ordinance 91-47, servlnl not:ce thereof upon ye:, such nuisance3 Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". expenditure ~[ put. lic funds at a d~rect test o[ $ 90.00 admlnls:ra-;'.'e ':~st cf $200.00 ~,~r a tota~ of $ 290.00. Sue?, ~:ost.:;, by E!crlda, have been ~:ssesse'~ a.::,~:r, st the above [,re: ~.r-y ,,:~ t' , : assessmer.'_ . You may :e?~esL ~ :.':arlr;~ before the board c.~ C:o,Jr~t), Ct4Rm/ssic)ners Lo show cause, if ~ny, why the ezpenses and charges incurred by the CLEFF, !SCAF. D OF COUIFF:' CSce 9- t/93 16A A :~:.,.,~-c,"'"--~",.,.~, ,,.,,, C,F THE B©AP, D GF COUNTY -'";::"ISS!ON[':RS, .., P?O'/iD:?;G FOR AFSESSMENT OF LIEN, FOE THE COST OF T.:{F. AP, ATEY, ENT C!" NJBI,IC HUISANCE, :il ACCOPDANCE WiTH ORDINANCE 91-47. ?'::r~--Ac as ~rc';ided irt Ordinance 91-47, the direct cost.~; of abatement cf ce?a{.", nui:~an,:es, including pret;cr'ib,'..t ;~d,,nini:~t:r,~t iv,. cost ir. curre~ ?,., the Count'/, shall be assessed ac:ain:~t such propcrtty; and W.:iEPEAS, ' :re ':-,n~ ', !:'- .*" ~; f ',~ ' i*/~ C,;:int'/ ar: ' ~> ,.,~,:h pa:,',~l ::h,~l ] calculated and ,,.,'orzr-i Lo the .:~eard of Counr. y ~'r'--;yJSl©li0r:J~ ..,.,,- , LO(J'?L¥1r'~'- - with a ~:~s,.~ipT.~-~ ..... ~ ....-; said .:;a~'~i; and ..... a.l a iecai valid a~d binding ?;HEREAS, such assessment ,'~' ] be , ,, obligation upon ~he property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days af~ ....... ,~ r, aill-c.,_ c[ Notice of Assessment after which interest shall accrue at a rate cf twelve percent {12.6%; per annum on any unDaid ~o~ '~,~cf ....... - ......... cn'',i=-' n'z THE BOARD OF COUNTY COMMISSiO:{ERS t= CCLLiER CCU:;TY, :..,.,R,u,,, rna': the prc~%erty <]escribed as follows, and ka',,:ng been abated of a public :r;;sa:;cze att_er due and proper notice t'nerecf to the owner of said pro?:rLy, is hereby assesr;,~d the ~n~*~-.; costs ~r such abat,,~t- to wit: N~E: LEGAL DESCRIPTION: COST Mimon Baron 399 -5'~ Ave S Naples, FL 34103 Lot 6, Lely Country Club, $245.00 MURFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. REFERENCE: 80721-062 #55200240000 The Clerk of the Board shall mail a notice of assessment of lien to tie owner or owners of the above described property, and if such owner fails to pay such assessment within thir~-y ~20) days hereof, a certified copy of this Resolution shall he recorded ::: t, he official records of Collier County, to CO:lstltUte a lie:: a-:ain3t such property according to ia',.', unless such direct!o:: [s s%ayed hy ibis Board upon appeal of the assessmen% cf the This Resolution adopted after :~otlon, secc::d and majority vote. DATED: :~ ATTEST: DWIGHT E. BROCK, CLERK DAVID 'dE IGEL COUNT'{ ATTORNEY CSce 11 1/1/99 .:",OAED CF ,',-..,,~ ....... .... z COMMISSION['~R8 COLLtE~ ,COUNTY, FLORIDA ?amela S. Mac/Kie~ Chair~o{nan 2448564 OR: 2523 PG: 3425 HCORDID in OtHCiAL HCORDS of COL~IIR CO~?l, HC /Ii 10,~0 BeLa: CHRI ~0 ~1 BOARD BOA~D OF COUNTY COM~4ISSIONER$ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Mimon Baron 399 5=~ Ave S Naples, FL 34103 REFERENCE 80721-062 ~5520024000Q LEGAL 5EZ':?i??i$~:: Lot 6, Lely Country Club, MURFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. records maintained by t?,e c[f:c': ,~£ t:/~ Pr~[,e:ty ,'-.pp~-.jiser, ,~r,~ advise~ that the Cot. pimento Servi.~s Hanager, did o:: 7/24/98 the abatement cf ~ certain nuisance existing on the aboTe property prohibited by Ordl::u:'.:": 5'-47, ser','in~ n:~tice thereof upon y%u, :such nuir~a:~c,.~ Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". 'leu fa/led tc abate :~uch n~2isance; whereupon, it was abated by the e:q~endlt'~:e ~ f ~/~hlic f'~r.'i~ ;=t a di:~'ct cost cf $ 45.00 and adminlstr6'~l'.'e 753'. ~i $200.00 for ~: '~':~l of $ 245.00. S~]ch ,;est:~, Fesolu'.!~:. c~ · ;.,. N,,,r~] -~f 'Y~ ;:.'7 ,f,.,::;:.:r::~o~e~: cf '~,~: i ;,~: Florida, r.u'."' : ':":: ,::~s*-::~e': ~':,,, and shall beet:~e ;~ lief. o:. t.h,~ [,rcp,rrty thirty ~'~; ,i~yrs ,]it. er assessmeL'- · hearing must ~/: :-.~de Lc t:.,: ';lerk o'. '_h,; i:o~r'i '.1 '1.,.;:,.../ Government clenter, 'iaples, Fl,~riC<i 34112 in writ:nj within thirty (30) days ~rom the date of th~s ,~ssessme:~t t:<~ be ual CSce 9- i / 9 ~ 16A 4.· A PES"')LUTiG:[ OF ':'lie BOARD OF COUNTY C'O:<MISSIOi'IEI~,q ;',~".,'Ii,"~,',;G F'r>:'~ ,4,:~;Ji:;SSMKNT OF LIEN, FOR ',7tie COST CF THE ABATEMENT qF PUBI,IC NUISANCE, l~'l ACCORDANCE ;'IITtt C, Pb,~NAh'Ct~ 91-47. 'z;.:iE.r"E;:S, .-~:; b:",vide'J abatement of certain n';isancer;, inciudinq prencriL~.d cost in-'urrr, d r.7 ' ;'- Ciu:.t7 r;?;a!i ~:.e n,'~'~--~4 i:~st and " ' W.'qEREAS, the cost thereof to the County as 'lo each narceI shat1 be with a description of :;aid p.~r,:el; and ',,F'- m - ? c nm.r..~,., such ar;:ie,ssmr~nt. :ih;ill be a legal, valid 4rul birldinil obligati-m upon the property against which made unr il paitt; and WHEF(E;,.S, ~ hr. ,-,:-,,"- -~ si:all accrue at a rate unpaid porLiorl thereof. NC'/;, TH."'iPEF©PF;, hE :';" ."'E:;',J,'/k:,, i;Y THE i:OAkb OF COUI;TY COMMISSIONERS OF COLLIER C'©U:ITY, FI,ORIDA, that: l.h,. f,rr)p~rl,/ as follows, and h,*'/in,f b,:,:n abated of a public nui:sanc,,* aLLot due and proper notice t. hereof to the owner of said pr~,f,,~r~.7, ir; her,:by the foliowin~ C',:;LS of such abatement, to wit: NAME: LEGAL DESCRIPTION: .cpsT John C Garrison JR & Virginia Garrison 45878 Cabin Branch Dr Sterling, VA 20164 Lot 5, Block 199, Unit 6, Part GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Pagel31 of the Public Records of Collier County, Florida $245.00 REFERENCE: 80722-023 #36315760009 The Clerk cf the 5oard :;hall mail a notice of assesnment of l to the o',;~.er o:- o',/;~orr; r;f t.h,~ above described propertT, and if owner fails to [.a7 such ;i:;r;,tsnm,'znt within thirty t30) days hereof, certified cop'/ ~f th:s ~esolution shall be recorded in the o[[icial records of Collier County, to constitute a lien against such propert,/ accordinif to law, unless such direction is stated b7 this Board upon appeal of the as~essment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT~.,~ BROke., r-~_,,,..r, r, ~'. Atte,;[ ,~; t0 Chalr~n'S )~PPROVED AS TO FORM AND LEGAL ,,Urr._ir ..... i DAVID WEiGEL COUNTY ATTORNEY CSce 1! 1/1/99 BOARD OF COUNTY COMMISSIONERS / .-~,,~IER ~.3b,~, f, FI,CRIDA .; / ~ I , ) , ,/ ', ~Y:., S/arno.ia S. M~5c'71.., (~hairwornal~ 2448565 0R: 2523 PG: 3427 llCOlOlO 1~ OlllCIl[ IlCOIDS of CO[~lll ~lC I11 BOARD OF COUNTY COM/4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: John C Garrison JR & Virginia Garrison 45878 Cabin Branch Dr Sterling, VA 20164 REFEP~NCE 80722-023 #36315760009 Lot 5, Block 199, Unit 6, Part GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 131 of the Public Records of Collier County, Florida Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" acministratiT,z ,.",::t ~,~. $200.00 f~,~ ,, total of $ 245.00. ~esoit]ti~n ct ,.Lc [:oard of C~.mt.y C.~rr~missioners of C,~] ] i,~r (/,~uht'/, CSce 9- 1 / ~. 16A RESOi,UTION NO. RES©LUi'iO?,~ OF THE..~r'c"%P'~ ....... el" r'c'rt,"~v.~.,, .... r'O'/,'~SSIONERS,,,, PP©ViF, I:;q FOR ASSE.qSME:CF Or.: I,IN:;, FOR THE <lOST OF ABATEMENT OF PUPi,~C NUISANCE, '":., ACCORDANCE WIT!{ OPDINA?;CE 91-47. W}{EREAS, as provided in Ordinance 91~47, th,.: direct costs o£ abatement of certain nuisances, including prescribed administrative cost incurred hy the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to ,_'ach parcel shall be calculate~ and."~'D~-d.. ......... ,:~ "~,, Pt. ard c,f County Co~mlrsloners, to~]~,th~K~. _ with a description cf said ~rce'; and '~IHERE;,S, r;':':h asses:;:~er.t :;h;~il be a legal, '..-i' ir; :md binding W.:{EREAS, the assessment shall become due an'-] .:~ayable thirty (]0) days after the mailing of Hohic,: of Assessment after which inLerest shall ,accrue at a rate of twelve percent f12.0%~ per annum on any unpaid pornion thereof. NO'fl, THEREFORE, BE iT RESOLVEE. BY THE BOARS OF COUNTY COMMiSSiONERS CF COLLIER COUNT'f, FLORIDA, that the property described as follows, and ha'zing been abated of a public nuisance after due and proper notice thereof to the owner of said pro?yrtV, is hereby assessed the following costs of such abatement, %0 w~t: NAME: LEGAL DESCRIPTION: COS~ Lloyd G Sheehan 5600 Tamiami Trl N Ste 1 Naples, FL 34108 Lot 9, Block 10, NAPLES MANOR ADDITION, according to the Plat thereof recorded in Plat Book 5, Pages 67 and 68, of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80723-072 #62099080008 The Clerk cf the Bcard shall mall a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment cf the owner. This Resolution adopted after moticn, second and majority vote. DATED: .... ATTEST: DWIGHT E BuO~K ~'~-~v $ l~qature cnlj. APPROVED AS TO FORM AND LEGAL SUFFiCiENCY: [ . t DAVID ;';E !GEL COUNTY ATTORNEY CSce !I - 1/i/99 BOARD OF COUNTY ¢;O[.::,{!SSIONERS COLLIER ' ,' //// b,,c/ 1/ BY: .~ [~mela S. Mac'Kie, Chairwom~n 2448566 OR: 2523 PG: 3429 RIC ~l] 10,SO COPIES I[TliOI[ICl I?H ILOO~ BOARD OF COUNTY COPR4ISSIONER$ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 4 Lloyd G Sheehan 5600 Tamiami Trl N Ste 1 Naples, FL 34108 REFEB-ENCE 80723-072 ~62099080008 LESAL Lot 9, Block 10, NAPLES MA2~OR ADDITION, according to the Plat thereof recorded in Plat Book 5, Pages 67 and 68, of the Public Records of Collier County, Florida. r,Tcor(is :n(;i:',t;~lr, r:'j ~)'.7 th'? b~ fi":') ~. :':O~':: %': ~',,: :;~.; ::~:r, ,;-r, advised '.nat '.:.,: ~:'.:r:.i.,::,':,: ::,;r'zlc,:s :,%~:,-~?~r, ,j:q ~.:~ 7/23/98, aba~er~e:.: of a .:<.:~a:n :.u::~.,''~'~. ....... ~-;.'~s~n~. ct,. the a?<.v,; ;,.. ~:~;,,.t'/... Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". ':'c',: ..... ~;~; :~'J %5 ~h,~TM- ..................... -: --.~ ,.-,. ~.r.; V;,-~-rr,:'r/~;,. _.. it :,,'~:. ~i.,~t.,;'; ?/ ~'-'s~d; .... ~ ~' .... ' '- ' .... ~" at a ~Ji .... t cost of $ 45 00 admlnistra%l'.'e 'coat cf $200.00 f~r ~l tct~]l ol $ 245.00. :~':~': You mai,.~-su~t~. _~ & :.earir.~ ~:e:.sr<~ t:n~ ~oard of i:;,:.t'/ i,):r:r, issi~n~r:~ to show ~" ~ ; ' -]:;'i, wh'J the <-;<oo2ses ar.d ch;~'r;r.s irtc:;rre~ by the County u~der this f>r~lr.~hmc') ~:r~: ,.:-.'..:.=rrar~te(i <>r <t:,:c~ssi'.''' r.r '...'~)' st:ch da'y's fret. the date cf this ¢~ssess:r, er:t t:o r;e vaii:i. CSce 9- 1193 16f . 4 99- 10I 7: ?F.£OiiJTION OF TiiR BOARD OF COUNTY CO;,:Mr:ASIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUIS~MNCE, IN ACCOP, DANCE WiTH CRDiN/MNCE 91-47. 'WHEREAS, as prc';ided in Ordinance 9!-47, the direct costs of abatement of certa:n nuisances, including prescribed administrative cost incurred ky the Ccur:ty, shall be assessed against such property; and WHEREAS, 'h,, cost thereof uo :.!:,- County as uo e,~ch pa.z:! shall be ca!cu!a:ed and reported zc the Board cf Cc. tnt7 Ccr. mi~sioners, together wltb a descri~tic, n cf sold parcel; and WHEREAS, such ~-=~-~=s.._n%-.~ shall be a lecal,, valid and binding obiigatlcn upon the property ag.ainst which made unti] paid; and WHEREAS, the asses:;m,:nt ~;hall become due and payable thirty days after the m~iling of Notice of Assessment after which interest shall accrue at a :ate o[ twelve percent {i2.0%i per annum on any unpaid portion thereof. NOW, THEREFORE, BE i- EESOi,V.ED BY T.:!E BOAR.'% OF' CSUNTY COM:<iSSiC:iERS CF COLLIER COUNTY, FLORIDA, chat the [;rcperty described as follows, and having keen abated of a public nuisance after due arld D~s~ notice thereof to -'"~ owner of sa~d D~OD~'"~y is hereby assessed the ~oi~''' _ i~,.:nu costs Of ~u''~ abat~ to wit: NAME: LEGAL DESCRIPTION: COST Bruce T & Elsye K Whitmer 420 Griffith Ave Owensboro, KY 42301 Lot 27, Block 7, Naples Manor Lakes, evidenced by plat of record in Plat Book 3, page 86,in the Public Records of Collier County. $245.00 REFERENCE: 80727-043 #62256160004 The Clerk cf the Board shall mail a notice cf assessment of lien to the owner or owners of the above described property, and if such owner fails 2o pa7 such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records cf Collier Count>', 2o constitute a lien a~ainst such property according tc law, unless such dlrectlcn is szayed b7 this Board upon appeal of the assessment ~f the owner. This Resclulisn adopted after merles, second an,! majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO DAVID WE[GEL COu,,~. ATTORNET CSce iI - i/i/99 BOARD OF COUNTT COMMISSIONERS, COLLIER; C~OU£;TY/ ?L(~P,%DA)__ / / .,.,.' ,, ~/,/ ,,'~ BY: '~" / '"' '' '/ ~amela S. Maz'Kze, Chairwoman ttte:t ~s to Ch~Ir:~an ; ~t~atuee onl.y. 2 8S67 OR: 2523 01/1~119}} it ii:O]XM ~I~t I, BiOCl, RIC Ill I0.50 CO~ll~ 1.00 IMTi~O))ICl IT~ ~L~ BOARD OF COUNTX COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 16A 4 DATE: Bruce T. & Elsye K. Whitmer 420 Griffith Ave Owensboro, KY 42301 REFEP. ENCE 80727-043 #62256160004 L!E[I NUMBER: LEGAL 2ESCRi P71C::: Lot 27, Block 7, Naples Manor Lakes, evidenced by plat of record in Plat Book 3, page 86, in the Public Records of Collier County. ........ . ........ 1. Property /:.:.p~',;i:~,::, ac','isec the- ........ -,r. "'--r ilar, ce.. S~ .... , . ~ces Manager, did on 7/27/98, o[{1,}~ the aha~e-e- t ' ~ -. :,::' :i:: nui:;,~n, e ,~:.::st lng on the aD,~',,e pro[,,:rL'/ prohibited Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weed over 18". e;-:Fendlture cf ~;':rll;:: fur, u: ;=: 4 ':ir ..... Text 5f $ 45.00 ad=.::.:str,~:,:v.:: ' :'_ -,: $200.00 ',,,: ,, '',':-1 ~,f $ 245.00. Pescl'=t;,- c,i -:? . ........ "-,';;'.:',' , ....... .. and shall tecc::.e a i:en on the [,:c:;er:.7 t:nirty ;~, ,L~y:; assess~e2 t . ShOW C;~tiS%, .~ .z .:7..:. , '.';2'.' il f.;'- c".':3r... ........ ~-:1 .=:,q ~2~.~1-~ c.~' ih ";Z f~:'J b'/ hh"_ f'OU~. .. y Go','ernsen' 2er:let, ::;:p.e:c, ?lcrisa 34112 in writLr;7 >:Itnzn thirty (30) .ua'/s fret. '.::e c:::.e c:' ,_h::~ ;,::::,::~:::-x:nt ~<., he CSce c_ . / ~ ] ..~ .... ,U;ION NO. 99-. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROViDI:':G FOR ASSESSMENT OF LIEN, FOR THE COST OF -.HE ABATE:<E:,;T OF PUBLIC NUISANCE, iN ACCORDANCE WIT.'-{ ORDiNF..NCE 9!-47. WHEREAS, as provided in Ord'~nance 9i-47, the direct costs o[ abatement of cerzaln nuisances, including prescribe{] administrative cos: ir. cuffed ici.' the County, shall be assessed against suci~ property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon '~he property against which made unzii paid; and WHEREAS, the assessmexu shall become due and payable thirty (30} days after the mailing of ~':otice of Assessmenu after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property describe{] as follows, and ha'zing been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAI4E: LEGAL DESCRIPTION: COST Mr. Wallace L Joyce 506 Quinnipiac Ave North Haven, CT 06473 Mr. Lawrence Joyce 1268 Commercial Ave Coos Bay, OR 97420 Ms. Joan H Hubbard 110 High St Clinton, CT 06413 Ms. Barbara Showalter 127 Maple St East Haven, CT 06512 Ms. Patricia Harowkewicz 389 Ocean Ave West Haven, CT 06516 Ms. Judith J Corso 128 Robert Dr East Haven, CT 06512 Ms. Lauren K Bowers 62 Grove St Branford CT 06405 Lot 6, Block D, South Tamiami Heights as recorded and platted in Plat Book 3, Page 44, Public records of Collier County, Florida. $245.00 2448568 OR: 2523 PG: 3433 IICOIU)ID l~ OI~I'ICIAL RICOI~DS of COI, I,I'H~ COglitl, I~I, RIC )I! lS.O0 IXDIIIXG I~etn: CLIRI( ?0 ?Iii ~OA£D II(IilJOI'IICl Ill'it REFERENCE: 80409-027 #74412240002 The Clerk of %he Board shall mail a notice of assessment of lien to the cwner cr owners cf the above described property, and if such owner fails to pay such assessment ,within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Col~_r County to constitute a lien against such property according uo law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK · ~ND LEGA!, SUFFZCiENCY: BOA?D OF COUNTY CO,'4MISSIONEP.~ COLLIER .COUNTY, FLORIDA Ramela S. Mac'Kie,/Chairwoman DAVID WEiGEL CSce il i/1/99 o BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Mr Wallace L Joyce, 506 Quinnipiac Ave, North Haven, CT Mr Ms Ms Ms 06473 Lawrence Joyce, 1268 Commercial Ave, Coos Bay, OR 97420 Joan H Hubbard, 110 High St, Clinton, CT 06413 Barbara Showalter, 127 Maple St, East Haven, CT 06512 Patricia Harowkewicz, 389 Ocean Ave, West Haven, CT 06516 Judith J Corso, 128 Robert Dr, East Haven, CT 06512 Lauren K Bowers, 62 Grove St, Branford CT 06405 REFERENCE 80409-027 ~74412240002 Lot 6, Block D, South Tamiami Heights as recorded and platted in Plat Book 3, Page 44, Public records of Collier County, Florida. Prohibited acc~ulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". Fi{:{%i,UTiOi; DF 'i'liE P. OAP. D OF C©U:.ITY COMMISS!ON!.;!{S FOR ASSESSMENT OF LIEN, FOR Tile OOST OF AhA'i'EME~iT OF PUBLIC NUISANCE, IN ACCOttbAIICI,; WiTH ORDINA?ICE 91-47. WHEREAS, as p.~c'zided itl Ordinance 91-47, th,-~ direct abatement of c,:~t.]in nuisan:('s, including pr,~scrib,~d cost i~c;rred b7 the Count-/, shall be assessed against suc!~ property; a nd WHEREAS, such assessment shall be a legal, '.,al id and binding oblir:azicn ,'so- t_he srcperty against which mad,-: until paid; and WHEREAS, the ;,s:3essment nhall become due and payabke Lhi:ty days after the mailing of Notice of Assessment a£ter which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, RE :T RES©LVED BY Tile RGA~D ©F COUNTY COMMISSIO:IE.~S OF COLLIER COUNTY, FL©R~DA, that tile property descrtbed as follows, and having been abat. ed of n public n~:i:;anc~, aft:~r rhm and proper notice thereof to the c;,'ner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Elena S Grossi 510 S Heathwood Ave Marco Island, FL 34145 Lot 4, Block 212, of that $245.00 certain subdivision known as MARCO BEACH, UNIT SEVEN, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of COLLIER County, Florida, in Plat Book 6, page(s)55-62. REFERENCE: 80515-025 #57676400003 The Clerk of the Roard shall ma~l a notice of assessment of ] to the owner ct' -T,:F. er.'-/ of the above described property, and if such owner fails 20 F~ay' such assessment within thirty (B0) days hereo£, a cer%ifled cop'.,' cf this P.e:~c]ution shall be recorded in the o£ficial records of Collie:' COUEt7, ~:c constitute a !ion against such property accord:hq Lo law, unless st;ch d;rection is sza}'ed bi' this Board upon appeal of %he assessmen% cf %he owner. This Resci'iticn adcptei after mo~ion, second and majority vote. DATED: ATTEST DWIGHT E. CROCK, CLERK Arrest ~i to Cl~,~lrz~n~ ' S ~nature APPROVED AS TO FORM ;uND LEGAL SUFFiCiENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/i/99 BOARD OF r' COLLIER COUiJTY, FLORIDA / ,' ~amela S. :,:ac'Kie, Chairwoman 2448569 OR: 2523 PG: 3436 01/1~119~9 ~ II:01AX DWIGHT !. BROCI, CSIRI COMBS 2.00 Rem IZ! 7240 COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Elena $ Grossi 510 S Heathwood Ave Marco Island, FL 34145 REFERENCE 80515-025 ~57676400003 Lot 4, Block 212, of that certain subdivision known as MARCO BEACH, UNIT SEVEN, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of COLLIER County, Florida, in Plat Book 6, page(s) 55-62. ad-.':sed 'ri:i: ':?.-<¢ ":rrsiianc,: ::'ervice.s Manager, did or: 7/6/98, order t. he abater, e:.- -;f <~ ,':,:rz,,in nu;.~:.:~nqe ,,:,:istin7 on the above properly k?' Ord:r;:r-ce 1'1-.;-', ::ervinq :teL:co zhereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". You failed to aca'.,:- s~c?: n'.;isance; whereupon, it was abated by the expenditure of p';bilc f'lnds at a direct cost of $ 45.00 and adr, lnlstr%ti';e ?cst. %f $200.00 for a total cf $ 245.00. Such cosLs, by :~e~clu::.:r. cf the ::2~::~ ,t ':..:.'.',' C':,mr::ssio::ers .cf qol!ier Cot~nLy, . :..:~c...: , ._. ....... .. : r .~,:: , ..:.1: ~;' : ' ' lt'e such YOU ~.a7 r=';':~fit.. ........ ~: '~.:~'rt'j :r'f%:'e r.h~ ::card r)f Cc:;r:t.7 Co:nmissioners h. eazin7 :-';:~': ~:,7 ~:,':,:: ' :~ ':n,. 'l:;zr}: o~ the ~c.~rr: (;f ':'.::nt7 Corr, misr~ioners, Governr. er,: ':er:t. er, :;af._e.~, F..::-:-~ 14112 :n wrztin:: wit:bin t. hirt7 (30) days from tlc :late '.f t_L:s ~::;:;essmer, t t.c be qLE~;F, BOAf, D CF COUNTY COMM[SSIOt.;ERS CSce 9- i / 9 ] RESO!.UT!ON ~.~O. 99-/fL4 A ...... :.-'c^'"'~'?.~-~,, OF, i::~. BOARD OF .... u.~T. CO:.::.iISSIONERS PP.O'/iDi:~C- FOR ;,SSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDIN;uNCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, inc!udin.~ urescribed administrative cost incurred b// ~~"~ ........ ~ou .... ,", shall be assessed a~ainst~ such property; and '/;HEPEAS, th,~ cost then-eof to the Cot:htr as to eac:i parcel sha].l be calculated and reported to the .2oard of County Commissioners, together with a descrlpt'~on o~ sa~d parcel; and :':HEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF COUNTY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper .notice thereof to the owner of said property, is hereby assessed the fcilcwing costs of such abatement, to wit: NAME: Palm Foundation, Inc. Attn:Steven H Loveless PO Box 8786 Naples, FL 34101 LEGAL DESCRIPTION: Beginning at the NorthwestRidge corner of Lot 14, Block 3, Pine Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence Not 39~ 53' 10" West95.76 feet along the joint lot line of Lots 13 and 15 of said Block 3 to a point on a curve; thence 20.58 feet along the arc of a non-tangential curve concave to the Northwest, having a radius of 50 feet and subtended by a chord which bears North38" 19' 29~ East for 20.43 feet; thence South 39~53' 10" East 113.07 feet, 20 feet Northeasterly and parallel the common line between Lots13 and 15 of said Block 3, to the North line of Lot 14 of said Block 3; thence South 83~ 24'10" West 23.93 feet along said North line of said Lot 14, to the Point of Beginning, being a portion of Lotl3, Block 3, Pine Ridge Second Extension as recorded in Plat Book 10, page 86, of the Public Records of Collier County,Florida. COST $315.00 REFERENCE: 80619-039 #67342200006 The Clerk cf the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (20) days hereof, a certifzed copy cf this Resolution shall be recorded in the official records of Collier County, to constitute a lien a7ainst such property according to law, unless such direction ~s stayed by this Board upon appeal of the assessment of the owner. 2448570 OR: 2523 PG: 3438 ~lC ~11 15.00 3.00 ReLn: CL~RK ?u THI 80ARD 16A This Resolution adopted after motion, second and majority vote. DATED: '' ATTEST DWIGHT Art's% ~ to Chalrma,~'{ s l ~-.,ature oMI. A~PROVED AS TO FORM AND LEGAL SUFFICIENCY: ~,, / DAVID WEiGEL CGUXT';' BOARD OF COUNTY COMMISSIONERS -OLI.,.ER_~.OU.~.., FLORIDA , I ~} ~/~- . P~%aela S. Mac'Kie, Chairwoman CSce ii 1/1/99 O BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN L© p, Palm Foundation, Inc. Attn: Steven H Loveless PO Box 8786 Naples, FL 34101 DATE: REFERENCE 80619-039 #67342200006 L[NN ..... .~.......~,.q' :~: Beginning at the Northwest corner of Lot 14, Block 3, Pine Ridge Second Extension as recorded in Plat Book 10, page 86 of the Public Records of Collier County, Florida; thence Not 39" 53' 10" West 95.76 feet along the joint lot line of Lots 13 and 15 of said Block 3 to a point on a curve; thence 20.58 feet along the arc of a non-tangential curve concave to the Northwest, having a radius of 50 feet and subtended by a chord which bears North 38° 19' 29° East for 20.43 feet; thence South 39° 53' 10" East 113.07 feet, 20 feet Northeasterly and parallel the common line between Lots 13 and 15 of said Block 3, to the North line of Lot 14 of said Block 3; thence South 83° 24' 10" West 23.93 feet along said North line of said Lot 14, to the Point of Beginning, being a portion of Lot 13, Block 3, Pine Ridge Second Extenslon as recorded in Plat Book 10, page 86, of the Public Records of Collier County, Florida. You, as the owner of' the pro[~erty above described, as recorded tn the records Cor. pl~a:. :e S~r'.'; s,:. ~<::;v/er, ,:~-: cn 7/9/98, order the ab,steP, ant. of a certain nuisance exlst:;.~ n the 4no'/e ~%rcperty prohibited ~3y Crdlnance 91-47, serving notice thereof '~htR yo'.;, such nuis-]nce being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". Of DuS!ic f~nd.; a~. ,: :[rect ,-,r~t -~f $115.00 ,,:'.d -]qrr,~n:str,~t ~',',~ cost of $200.00 flor a tat. al of $ 315.00. ;J:~ ::'. :r, sts, by Pesolut~cn of th,t ~oar,i o~ County property on {-'C ') '~qq and shall become a lien on the property thirty ~ ~%j days ~t~::r s;cr~ -~ssessmen, . to the Clerk of the kcard al County Co~issioners, Government Center, Naples, Florida 34112 i;~ writlir:g wlthin thirty {30) days from the date o~ this assessu~er.t to Le '.'-~l CSce 9- i/9! ?ESCLU'I'iON N©. 99- 105 :,-,~ .... ,~,,©,., THE BOARD OF COUNTY CO;,iM!::J$IONEP. S [;.~O'S[[').:;;G FOR ASSESSMENT OF LI~N, FOR Tile COST ..... ~=,~._.,,=,~ PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS. as provided in Ordinance 91-47, the direct costs of abatement of certain nuisan(~es, including plescribed administrative cost incurred hy the County, shall be assessed against such property; and calculate'i ani reported tc t!';.? Nonrd of O;unty C/om:nissicz:~::~, together with a ~iescri~tic:'~ of said Narcel; and obli~atlcn upc:; the properZy against whicP, made until [;aid; and WiiF.?EA£, the asses:;m,~p,t: shall becomn due and payabln thirty days after the mailing cf Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, T.:'.'EPEFCN.:'i, RE IT .:%i'iS©LVED BY THE R©APZ ©F C.OU:TFY as follows, and having hee:: abated of a p']blic ::u;..q:ar:,:e a£t.e.,' due and proper not;ice t:'.ereof t.-; the owner of said properti.', the foilowln%' costs of such abatement, to ',;it: NAME: LEGAL DESCRIPTION: COST Andres C Hanson 785 -109~n Ave N Naples, FL 34108 Naples Park Unit i Blk 15 Lot 3 $245.00 REFERENCE: 80727-089 ~62426200008 ~'"= ~:~r; of the [:oar-i shall mail a notice of assessment of lien to the owner or owners~ the above described property, and if such owner fails to ~ay such assessment within thirty [30) days hereof, a certified copy of this Resolution shall be recorded in the official ~-. _co.~,'=~.~ of Co!' ...... i~ r'ounty, ~o constitute a lien against such property acccrding to !aw, unless such direction is stayed by this Board upon appeal ~r.~ the assessment -~.~ tke owner. Thls Resolution a:]c~:':,~,l after motion, seccnd and majority vot:e. ATTEST: DWIGHT E. BROCK, CLERK APPROVE~ ~S TO FORM ~D LEGAL SUFFICIENCY: DAVID WEiGEL COUNTY CSce I ./ ./ _ ;, [~O.,',RD OF COU:FF':' COMMISSIONERS COLLIER COUX'FY, FLORIDA ' /' tt/ . · t~ ~ t Pamela S. Mac'Eie, Ch,)irwoman 2448571 OR: 2523 PG: 3441 RICO~DID in O~ICIAL RICORD$ of COLLIII COg~?l, I~ 0]/1~/199~ at II:O3AM DWIGH? I. BROC[, I1~ ~1! 1~,~ COPII$ 2,00 CLIRK TO ?HI BOARD INTi~OfFI¢I 4YH 124D BOARD OF COUNTY COM~IISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSI~ENT OF LIEN A Andrew C Hanson 785 -109~n Ave N Naples, FL 34108 REFERENCE 80727-089 #62426200008 LEGAL Naples Park Unit 1 Blk 15 Lot 3 DATE: ,-i'~ , .{~ You, as the owner of the F. roper%y ab,Jrt; descrtbec, as r,-corded in the ad',,]seC t:..~t tr.,: q'.r:pii.=:,,:,~ S,:ryi,:,::; M.~n~ge:, dld ~:~ 07/27/98, orr]er the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18" 'for fail-:'J to ,~L~:te such Luisance; whereupon, it was abated by the expenditure of pu:~iic funds at a direct cost of $ 45.00 and admin:s%ra~:ve cos% c.f $200.00 for a total of $ 245.00. Such costs, by Resolut:cn of the ~oar~ cf County Commissioners of Coil[or County, F~:'~ ',/~f Flor:rid, have ~,7.-.:: :ssesse'J .~,;ainst the above p:cNer~ y and ~ha] i ;.euere :: :~e:. o:. the property thirty (30) d,'~ys aider such assess~,eLt . You may request a hearing before the [{oard of County Commissioners to show cause, if ar.y, why the expenses and charges incurred by the County under this Oral:hence are unwarranted or excessiye or why such expenses should not c3nst~".Jte a lie:: agai:;st the prc[~erty. Such request hearing musl he :--~.Je tc the 'ller~ ef ~h,', Noard of County Cemmissioners, Governmr~:.' Cer.'_er, Naples, P'iorLda 3,;1!2 in writinI within thirty 'iLEPK, }3CARD OP' COUNTY COMXiSSIO:;ENS CSce 9- 1/93 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~NT OF LIEN DATE: Jennifer S Brandon 791 -98=~ Ave N Naples, FL 34108 REFERENCE 80821-031 #62777640003 LEGAL Lot 3, Block 66, NAPLES PARK, UNIT 5, according to the Plat thereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier County, Florida. records maintain,z-: b)' the %f floe of the ?roperty /?pr.~s,~r, arq h,,reby advised %ha% the qcrpil.anco ~;,:r','ices Manager, dic on 8/25/98, order the abatement of a cer%~ii, n'Jis-:n,.'e extstlng on the ,=::e',',~ ~,ro?~rty prohibited by Ordinance 91-47, };arvin(: notice thereof upon you, such Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Gate Estates. Weeds over 18". You failed %c a~ate such nuisance; whereupon, it wa:~ ~bdted by the expenditure of p'Jhlic funds at a direct cost cf $ 45.00 and administratlve cost cf $200.00 for a total of $ 245.00. Such costs, by Resolution of the Board of County Co~missioners of Collier County, Florida, have keen assessed asainst the above property on and shall beccr~e .~ .:,:n c:'. ':ar: [.re;pert)' thirty (39 days after such assessmen%. 'leu may request a hearing n. efore 5r.e Board of Co,Jilty Cc. mmlssloners to show cause, If any, why th,.. expenses und char]es incurred Dy the County under this Ordinance are unwarranted or excess.~ve or why such experises should not constitute a lien against the property. Such request for hearing must be marie to tho Clerk of the Boar,J of CoErlty Commissioners, Government Center, ~;~[;2~'.:~, [.'l'.r~ri;: 2.11!2 ;r; wr~t. irvl '..;;t?:~ri thirty (30) days fret:: the d~=te o~ tr':t:~ .~s.s.]:ssment to he '.'al CLEP31, ~OA[~D CF COUNTY CSce 9- !/93 RESOLUTICi; ::©. 92- A RES';i,U'?ICN OF Tile BOARD CF COUNTY CGMMISSIO!IERS .~R.O'JiDi:/3 FOR ASSESSMENT CF LIEN, FOR THE COST OF THE A~ATEMENT OF PUBLIC NUISANCE, I:; ACCO?DAF;CF] NiTH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including plescribed administrative cost incurred by the County, shall be assessed against such property; and calculated an~ repcr'_eJ to the Roard ~sf z;ocP, ty Ccrmlssi©ne~s, Lop,ether ;';HEPEAS, such assess-ant shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and sayable thirty (30) days a~t__ t~ mailing of Notice of Assessment aft~_r which interest shall accrue at a rate cf twelve percent (12.0%} per annum on any unpaid portion thereof. NC, W, THEREFORE, BE iT RESOLVED BY THE BOARD ©F COUNTY ~OM~'Icc~m~=~c .................. CF COLLIER ~'~ ..... .... , ...... r~uR,DA, that t.._~'~ r.:o~ert'/ described as foiicws, and kay:no keen akated of a public xuisanco af er due anti proper notice thereof to the owner of said property, is hereby assessed the roi!owing costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Jennifer S Brandon 791 -98~h Ave N Naples, FL 34108 Lot 3, Block 66, NAPLES PARK, UNIT 5, according to the Plat thereof, recorded in Plat Book 3,at page 14, of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80821-031 ~62777640003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy cf this Resolution shall be recorded in the official records of Col!let Count?', to constitute a lien against such property according tc law, unless such direction is staye~ bp' this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, seco:vi and majority vole. DATED: ATTEST At~est a; to Cha~rzan ~ AND LEGAL SUFFiCiENCY: DAVID WEiGEL CSce ii 1/1/99 g'f: ;':~,Ar~D CF' ~" ..... "COMMISSIONERS COLLIER. n~'~ ..... ~ ....... : , FLORIDA Pa"~.$ia' s. Xac'Kie, Chairwoman 2448572 OR: 2523 PG: 3443 [ICORDID In OUICIAL RICORD$ of COLLIIR C0~?X, FL 03/16/1959 at II:9]AM DWIGHT K, BROCK, CbBRK ~lC Fl! 10.50 COHR$ Retn: CLllI TO T~I BOARD RESOLUTION NO~ 99- 107 A RESOL:iT!©,'; SF THE BCAR,'~ OF =OUNTY COMMISSION.ERS .n:z t~:z~:.:...,.~.,. CF ;:'fELl WHEP. EAS, -ss .~rcvlded ii: O:'di:,.,:,~.: 91-47, t:'~. .... direct cost. s of abaterent cf ce:-:.~i:: nuisances, inciudin9 prescri?~ed admini:xr,~tlv~ cost in:u~--~d .... hy the %'~unty, shall b~_ assessed aaa:~s*~ ~., ~ sur'h_ property; ................. ,:r~:o. to .,_ County as to each parcel shall be ~a~ula=ed and ~.~o~t~d. _. . _ to the Board of Count}, Commissioners, together with a descript:~n -'f sa[-] parcel; and WHEREAS, such assessment shall ke a ie(:al, valid and bfndinq obligatloL iscn the.n~o'%c'rti'/- . _ . ar;ain.'37~ which m~.i,: '.ti'.! ' :.lid; .~xd ;';HEPEAS, '.?.e asse.ss'~en'. :;?:oil be':,:ne du,. an-i days a:?~-' ......... -~¢. mailing of ,Tot.. -'~._ ol At_Is =.:.~-,~ ~-='-~'::t =,f t,':." which shall accrue a- a r--,te cf twel'/r. .r. ercent 'i2.t~ per :COW, THEREFORE, BE il' RESC. L'/ED BY THE BOARD OF COUNTY COMMiSSiO::ERS OF COLLIER COUNTY, FLORIDA, that. the Dropert7 described as follows, and having been abated of a public nuishnce after due and proper notice thereof to the owner cf said property, is hereby assessed the fo!lowing costs cf such abatement, to wit: NAME: LEGAL DESCRIPTION: c_qs.! Mary Johnson 1764 Aquarius CT Ft Myers, FL 33916 Lot 20, Block 1, South Im.mokalee $245.00 Heights, according to the plat thereof recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. REFERENCE: 80706-046 #74030640000 The Clerk cf the Board shall mall a notice cf assessment of lien to the owner cr owners of the above -~escribed pr-~perty, and if such owner fails Lc [.ay such assessment within %klrty ~]q, days hereof, ,~ certified ocr.'/ cf this ~e:cluticn :hall he r,~cc:-ded in the official according lo _a',;, unless suck alit'oct!ch :s s~ayed by this Board upon appeal cf the assessment cf the owner. This Resci=ticn adorned after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, C:.ERK AND LEGAL SUFFiCiEXCY: DAVID WEIGEL COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLiE~ r ........ Pamela S~ >~c'Kie, 'Chairwoman 2 48573 OR: 2523 PG: I]COIDI~ in OUICIA[ iICOIDS o[ CO[~III CO~ltl, Retn: COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Mary Johnson 1764 Aquarius CT Ft Myers, FL 33916 REFERENCE 80706-046 LEGAL LESCPi?TiO~: DATE: #74030640000 Lot 20, Block 1, South Immokalee Heights, according, to the plat thereof recorded in Plat Book 3, Page 29, Public Records of Collier County, Florida. adTised that ~he CLr, pilance Services Manager, did ex 7/6/98, order the abatement of e certain nuisance existing on %he Prohibited acc~ulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18" assessment . show cause, i f ar:y, why 2:.,- ": :.: [.,} r. ses ,~:.-f charges days from the date cf this -~::'~essrr:ent to be valid. CSoe 9- i / 2 } P~r S '~.0 11 :~Z~ P. O!/04 2802 N. HORSESHOE DR NAPLES FL 34'104 PHONE ~ 941-403-2350 FAX Ri 941-403-2366 vi= MAR - 3 1999 [] U~je."rt [..] For Rnview D ~oalo C~mme~ [:J I:~ense Reply ['J PI.nsc Recycle e C.o m m e i'Tt~: Mar 3 '~ I1:10 F'.0d~0d PESOLU F i9:I NO. ;~C','IDI:{O FOR AS.~F._qOMENT OF 1,[EI~o FO~ Tills CO~T OF 7'HE ~ATE~.E~IT OF [,L~LiC rFOISI~CE, Il; ACCORD~'{C~ WITH ORDIN~ICE 91-47. cost fr, curr~d by the Coun;y, ~hall be ae~ea~ed against, ouch property; WHEREAS, tho cout thereof to ~he County an to each parcel sh~ll bu calculated and reported to the Hoard ~f Count'/ Com~ioslonero. NOW, Ti{EREFOP. 5, R~ iT Y. ESOLVED BY T~E BO~D OF COLT;TY COfCiiSSiO:;ERS OF COLLIgR COLT¢TY, F~RIDA, that the pr~Ferc~ described proper I;uttce thereof tO ~he owner of oal~ property, B~adar & Company, Inc. D.rryl J D~J~ioo 1820 J & C Blvd #Z0 l.ot 1~, ~lock 8B, BEACN UI~I~ £IVE, a Subdivision Iccordin9 to th~ plst ths:oof, reootdmd in Pllt ColliAr County, 8070{-057 I57191760008 The Clerk of the Board ghall rnai~ a notice of as~5-ment to the owner or ownera o~ the above descrlbe~ property, and if owner iailu tO pa'/ ~uch aa~s~m~nt. ~tr.h~n '.hi:ty (30) days har~of, certiiied copy or th]. Ke~olu~ion shall be r~cordeJ in the official recorda o~ Collier County. tO constitute a li~n agdinat such according to law, nn]-.s nuch direction !9 uC~}'ed by fbi0 Board upor, This ReGolutLon adopted after motion, second and ma]ori~y vote. DATED: DWIGHT E. DROCX,~.CLEKK COLLIf~COL~;TY,_ FLORIDA /'. l'~r 3 'C~ i ! :0g P. 03/04 Official Receipt- Collier County Board,of County Commissioners CDPR1103 - Official Receipl ; Trans Number Date [110117 [03/03/1999 11:04:18AM 103/03/1999 JSA 49640 .~j Post Date BRA, DAR & COMPANY, INC Payor: CAPITAL HOMES Fee Information Fee Code ~ _ . L40LMNR '~ Ot MOW.-CLEAR,-PRINC I GL Account 11113801434390800000 $245 O0 Amount r Waived Total ; $245.00 Payments ..._Pa_)'ment Code Account/Check Number Amount CHECK 28307 ~ Memo' FOLIO #5? 1 g 1760008 LOT CLEARING - PAYMENT PRIOR TO BEING LIENED RESOLUTION#gg-108 (RFF'8070B-057) Total Ca&h I S0.00 Total Non-Cash ~ $245.00 TOlal Paid $245.00 Ceshier/Iocatlon: FROLOFF_E / 1 User: ARLOT-rA K Collier County Board of County Commfss~oner~, CD-Plus lot Windows 9~NT PrinterJ:03/031'~999 11,05 05 AM HOMES DARRON DEVELOPMENT INC. ~*APLES,'rL 34109 ' 2.~307 ORDEq 0¢ ~c~ o~Cuu:~ Commis~io~cr~ j ~ Two IJundr~ d Fo,"~.'-Fi~ e ~ J 00'1 O0 ........................ * ...... . ..... , I,'E~',O RESOLU'T ON ~'99.10~; _ ..__.._ '~---. ','O ~ ½0 ?,,' ':0~ ~ ~OK~B,: 1.6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROViDiNG FOR ASSESSMENT OF LIEN, FOR Tile COST OF T.:{E ABATEMENT OF PUBLIC NUIS;u%CE, IN ACCORDANCE ;';ITt{ ORDINANCE 91o47. WHEREAS, ns provided ir. Ordinance 91-47, tire direct costs of a~at .... ~.,_ ~ certain nuisances, including prescribed administrnt:ive cost incurred ?y the County, shall be assessed against such property; and WHEREAS, the cos% thereof to the County as tn each parcel] r:ha]) be calcu]ated and ~epo~ted t.o th,~ Board ol County Commissioners, together with a description ~ ~ said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing cf ?,;~tic,~ cf Assessment after which interest shall accrue at a rate cf twelve percent (12.0%) per annum on any unpaid pcrtlcn .-.hereof. ~::::..-r.:' ¢:.::, RE 12' RESOi27ED B':' ~n~ iiOARD OF COUNTY COMMi'~¢'''-~c C:' COLLi =~u~ .... ER COUNTY, FLORIDA, that the property described as follows, and having been abnted of a public nuisa:]ce after due and s~cs~-~ notice thereof to the ow~er cf said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION: COST Bradar & Company, Inc. Darryl J Damico 1820 J & C Blvd #10 Naples, FL 34109 Lot 19, Block 88, of MARCO BEACH UNIT FIVE, a Subdivision according to the plat thereof, recorded in Plat Pages 39-46, of the Public Records of Collier County, Florida. $245.00 REFERENCE: 80708-057 #57191760008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified cosy cf this Resc!ution shall be recorded in the official records cf Cc!lief Count7, to constitute a lien against such property according to law, unless such direction is stayed by ti~is Board upon appeal cf the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: FEp,...,,o :,,~. ATTEST: DWIGHT E. BROCK, CLERK At. test as to ~]hair~ s s~t~i~6%.--~lAs TO ?OR:4 AND LEGAL SUFFiCiE:;CY: BOARD OF COUNTY COMMISSIONERS COLL I E:I-,COUNTY, FLORIDA "'-','"' ,, ?/ BY: "~"'"' ."'; t' ~ ~ Pamela S. :<ac'Kie, Chairwoman DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/1/99 BOARD OF COUNTY COM~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Bradar & Company, Inc. Darryl J Damico 1820 J & C Blvd #10 Naples, FL 34109 REFERENCE 80708-057 ~57191760008 LEGAL DATE: LIEN :F,Z.'.BE.:~: Lot 19, Block 88, of MARCO BEACH UlqIT FIVE, a Subdivision according to the plat thereof, recorded in Plat Pages 39-46, of the Public Records of Collier County, Florida. records main':ai:.::d ~,}' tr,,: -~f ~r:e of the Property /:.r~praisr~r, are d .... S~C that ~' ""r~' .=',-" Z,:r','i,',.=~ Mdna(:er, di~ or: 7/9/98, ord,.r the aba~er~en': of % ':,:::tel:, nu::;%;.':e e;<i:~,.tnq ~;n the ~::~o','e propert.'/ [,~oh.ibited k7 Ordin,~ricr~ r,~_,~-~ .;,. Prohibited acc~ulation of non-protected mow~le vegetation in excess of 18" in height in a s~division other than Golden Sate Estates. Weeds over 18". ~;.~ :~ Lc ~h~'ze :~uTh n'.::s2r'.ce; wnereuy, on, :: was aLa~ed by the admLnLs'zraz:';e ';' :-'_ ~ $200.00 [cr ~ ',',:,~ c~ $ 245.00. Such cosLs, b'/ You may req';es% ;~ ~.'2~217.7 ;~:L .2e LEe kf~,~fd o~ Cou:.''/ C,t:r. missioners to hearing rr:ust be :,;~":e to the (3[r:rr: of t?,e Board of ';o]nt'/ Comrnizsioners, Oov_~nm~ ~ .... % Center, ,,~r. les,' .... Fl'~r~u;, :,,! ;.:' :n wr ft.:h'm, wit. bin thirty (30) .:~:.;.r , k'.A?[~ C?' 'f.';~;T':' ................... RESOhUT~O,~,' NO. 99- 109 A FESC, i,'JTiON OF Tile BOARD OF COUNTY COMMfSSIONERS PRO'/iD![;G FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABA'iEMENT OF PURl,lC NUISANCE, I~; ACCORDANCE WiTH ORDiN;d~CE 91-47. abatement of certain nuisances, including prescribed cost incurred by the County, shall be assessed against such prOD,~Fty; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a :_s ~ ...... sa ~arce and WHEEEAS, o':ch assessment shall be a legal, valid and binding obligation u~cn the property against which made t:ntil paid; and WHEREAS, the assessment shall become due anr~ payable t.h~tty (30) days after the ~a ..... ~ .... '"~'¢'= ~'¢~ ~ which interest. shall a~-'~u~ az a rate -~ twelve n~rr'ont (12 0%~ ?%r annum unpaid portion thereof. NCW, THEREFORE, BE i, RESOLVED BY THE BOARD OF COUNTY COMMiSSiONERS ~= COLLIER ~"~-'z ~. ._~u~., FLORIDA, that the property described as follows, and h~'zinq been abated of a public nuisance after due and pro,er notice thereof to the owner of said property, is hereby assessed the fo!lowln~ costs of such abatement, to wit: N~E: LEGAL DESCRIPTION: Edward J & Laverda L Pelc 1307 N Kankakee St Lincoln, IL 62656 Lot 15, Block 2, Unit 1, Part 2,GOLDEN GATE, as recorded in Plat Book 11, Pages 11 and 12, Public Records of Collier County, Florida. $345.00 REFERENCE: 80709-062 #35690600005 The Clerk of the Board shall :::ail a notice -~f assessment of lien to the owner or cw::ers cf the above described prs[3erty, and i~ such owner fails ts pay such assessment within thirty (30) days hereof, a certified copy cf this Resclution shall be recorded in the official records of Collier County, to constitute a lien against such property according to !aw, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. ERGiK, C[,EPK / ~tte~t as to Chairman's ~D,LEGAL SUFFICIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce ii - 1/1/99 BOARD OF COUNT':' COMMISSIONE.r~,S COLLIER COUr:TY, FI,ORIDA ~' * } / ,7 I ,. ,, ~ .. {2 Pamela S. Mac e, Chairwoman 2448574 OR: 2523 PG: 3447 ~lC ill 10.50 COPII$ 2.00 Re%n: C:IRI ?O T;,~ BOARD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Edward J & Laverda L Pelc 1307 N .Kankakee St Lincoln IL 62656 REFERENCE 80709-062 #35690600005 i, i K'.[ LEGAL DESCRi?TiC:;: Lot 15, Block 2, Unit 1, Part 2, GOLDEN GATE, as recorded in Plat Book 11, Pages 11 and 12, Public Records of Collier County, Florida. You, as the o',;r.e: ,%.- the [.rz[;ert7 abo':e descr:i;ed, .~:~ r,~q:or~i,,d i~l advised that the Cc:-,pl~ar:':,: ~;qrvices Mana~u~r, d~d cn 7/13/98, r)r~l~ abatement o~ a r;e:'_q.:. :.4./;~r.'Ye exJst~nq r)n '.tm a~q';,) [;r'~[:,)r~ '/ Acc~ul~tion of prohibited exotics on unimproved land located within 200' of improved, s~divided property. Brazilian peppers throughout rear yard, ':'ou fai !ed to ab-,t,: :st:cz r. ui sance; whe[eupon, ~ t ',;.,s .~bat:ed by expenditure of public fuzes at a Cirect cost. of $ 145.00 administra%i';e c~,st cf $200.00 for a t-.tal oi $ 345.00. Stlch c~,:;L:;, Resolut:.',n cf the h..ard ,~f C<":nty Ccrr, rr:ssi')r~,~rs o'. '/'.'.l~,tr You may r,:quest a :.e.,r:r:7 :.;:f')re the Bc)ard of Count'/ Commissioners to show eau:lc, i f ~;','/, why '.he ,-:.:pon'.~,~:~ ,~r:r] chd, rg,~:4 ::;~":rteri b'/ the h~aring must be :r.~':,: '..; '.I.,: ':.'::~: '~f. th,2 Boarq ~ ':. ::r:t.'/ days ~ ro:n the q.'~ t.,, '. f th t :: ~:~::,)r~?mr:rtt t ,-, br~ '.';~ ! J ']. CFc:r' "- : "" ~ RESOLUTION HO. 99- II(1 A FESOLUT!©N OF THE i!OARD OF COUHTY CC:<MiSSIOHERS PROViDiNG FOR ASSESSMENT OF LIE:;, FOR THE COST THE ABATEMENT OF PUBI,IC NUISANCE, I:; ACCORDAHCE WIT}{ ORDINANCE 91-47. WHEREAS, as provided in Ordinance 9t-47, ~ho direct cot;ts of abatement of certain nu:sances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and with a descri:~t:'~n o[ :~,] p.~rccl; und WHEREAS, such as.~;essm,_.nt shall be a legal, valid and bind]ng obligation upon the property against which made until paid; and WHEREAS, the assesr;.~ent shall become due and pa'/abl,: thirty (30) days after the ~allin~ of ~:otice of Assessment after which interesL shall accrue at a rate of twe]'/e percent {12.q%; [,er annum on any unpaid portion thereof. NO',';, 'i'.h'E~?]FOPN, P,N iT RESOLVED BY THE EOAPD OF CO~;NTY the followinI costs of such abat,:ment, to wit: NAME: LEGAL DESCRIPTION: Eileen Curran 1232 Woodridge Ave. Naples, FL 34103 Naples Manor ADD Blk 12, Lot 36 $245.00 REFERENCE: 80723-057 62101400000 to the owner er qwners of the akove ,]escribe,] ~r,~pnrt:y, and owner fails '_c N:'Y such assessment within thirty ~%q, ,lay:': here,>f, certified copy cf this P,rsclution shall be recorded in Lhe records of Collier County, to constitute a lien against such property according to !aw, nnloss such direction is stayed by this Board ,]pon appeal of the assessment of the owner. This Resolut[en adopted after motion, second and majority vote. DATED: ~ ~ ...... T: DWIGHT E. .3R07;?', '.'~.N;'?' Attest ~r $ ~ ,'- ;.. AND LEGAL SUFFiC!EHCY: DAVID WEiGEL COUNTY AT'FOP:;EY CSce I' l/l/>', Pamela S. ;<~c'Ki,'}, Chairwoman 2448575 OR: 2523 PG: 3449 ~[C ~ll I0,~0 Re:n: CLIRK TO T~& INTI~OUIC! &TH ~OOR I%! BOA.RD OF COUNTY COMlqISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Eileen Curran 1232 Woodridge Ave. Naples, FL 34103 P. EFERENCE 80723-057 ~62101400000 LEGAL DF]~q~?i'ir~i: Naples Manor ADD BLK 12, LOT 36. DATE: k'/ Or,'i~r~ar:c,, '~I-47, r;er'/;t.'} r.,,,.ic'r. 'her,?o¢ uh'>:: T', ;, ~;';~:~; Prohibited acc~ulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Weeds over 18". YOU fai ~<:~J *.o ,~r,::',: ;~ ;cb n:~.~,~" ~,-~c.. :; wherou~>or:, it ',;a~ ,~:)atr?J' adm:nir~'.r,:Z:v,:. ':',:~' ,~ $200.00 for ,: '.',tal cf $ 245.00, and sh;::: ~,,~:,3rr,: ,: i:,?r. %r, 'r.,, pr~.p,.r''/ ,hi:''/ ~c', 'J:v: ,~',,r ?;oarinfj r'.if;'. :.,r :'-: ~. ' :.,. [...r r: : r ~, R,,.~:,; '. ,f..;:., ./ Goverr.r..'.r;t r',-...,-., ...... , [:~:.1,::~,, [''r~:ldq ':';113: i:, '.',': i* i:~,': ',,'ILl;i:, t. hirt CSce 9- ' COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMEi',,,JTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into Ibis 2 ~'"'(" da'/of .....2~,_.~ 19c~ , be ween Peggy Bradley. Cynthia A Rodriguez and Angel Rene Rodr~guez, hereinafter referred to as "Developer." and Ihe Board of CounlyLCommissmr~ers of Colher County, Flonda. hereinafter relerred to as the "Board" RECITALS: 1. Developer has. simultaneously wflh the delivery o[ Ihis Agreement, applied for Ihe approval by Ihe Board of a certain plat o! a subdivision to be known as: WHISPERING WOODS Division 2, 2 of the Collier County Land Development Code allows the Developer to construct lbo improvements requded by said subdivision regulations pdor to recording the final plat. NOW THEREFORE. in consideration of the foregoing premises and mulual covanenls hereinafter set forth. Developer and the Board do hereby convenant and agree as follows: 1 Developer will cause lo be conslructed a 14 Ioof w~de limerock surface access drive and retention swale withm 12 months from the dale of approval of smd subdivision plat. said improvements hereinafler referred to as lhe required improvements. 2 Developer herewit~ agrees Io conslruct said improvemenls prior to fecordmg said subdivision plat and lho Board of Counly Commissioners shall not approve the plat for recording unlil said ~mprovemenls have been completed. 3 Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of ~ 584,0~ which represents ten percent of the Iotal contract cost to complete construction. Upon receipl of said subdivision performance security by the Development Services D~rector. the developer may request lhe Board of County Commissioners to approve the subdw~sion plat lot recording and grant preliminary approval of said plat 4. The required improvements shall not be considered complete unhl a stalemenl of subslantial complebon by Oeveloper's engineer, along w~th the hnal project records, have been furnished Io be reviewed and approved by the Developmen! Services Direclor for compliance with the Collier Counly Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of Ihe statemenl of substantial completion, either: a) holily the Developer in writing of his preliminary approval gl the improvements; or b) notify the Developer in writtng of his refusal lo approve lhe improvemenls, therewilh specifying Ihose conditions which the developer must fulfill in ordor to obtain the Director's approval of lhe improvemenls However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact construcled and submitted for approval in accordance wilh lhe requirements of Ihis Agreemenl. 6 The Developer shall maintain all required improvements for a mimrnum period of one year after preliminary approval by lhe Developmenl Services Director. After Ihe one year maintenance period by the developer has lerminaled, the Developer shall petition the Development Services Director to inspect the required improvements The Development Services Director or his assignee shall inspect the improvements and, if found lo be still in compliance with the Collier County Land development Code as reflected by final approval by the Board, the Board shall release the ten percent subdivision pedormance securily. The Developer's responsibility for maintenance of the required improvements shall conlinue unless or until the Board accepls maintenance responsibility for the County. 7. In the event the Developer shall fail or neglecl to fulfill its obligations under this agreement, upon certification of such failure, lhe County Adminislralor may call upon the subdiwsion performance secudty Io secure satisfactory completion, repair and maintenance of the required unprovemenls. The Board shall have lhe right to constnJcl and maintain, or cause Io be conslructed and maintained, pursuant to public advedisement and receipt of acceptance of bids, the improvements required herein. The Developer, as pnncipal under the subdivision performance security, shall be liable 1o pay and to indemnify the Board, upon completion of such construction, the final total cost Io the Board thereof, including, but not limiled Io, engineenng, legal and contingenl costs, together wdh any damages, either direct or consequential, which the Board may sustain on accounl of lhe failure et lhe Developer to fulfill all the provisions of lhis agreement. 03/02/1995 09:04 19417756465 POCTELL~-Im'J~.E ASSO~ P~'3E APPENDIX A -STANDARD LEGAL DOCUMENTS ~ All of lhe lerms, convenants and condO, Ions herren ¢_.ontaine(:l Developer ~nd the respective succes~m and assigns of the developcr. IN VV1TNE$S 'V'~dF.R,F..OF: Ihe Board and the Developer have c~used th~s Agreement to be executed I~ their duly atrthonzed ~upresentallves this ATTEST: DWlGHT E. BROCK. CLERK ved as to form and legal sufficiency: County Attorney (Ord. No.92.73.02; Ord No 94-58.03. 10-21-94: Ord. No.96-21,03) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA -) By: ~...:' L/ "!-- " "" '::;I~'' ':~'!'~ Pa.,~'~a S, Hac'K~e Cha ±]2..ronan Attest es to Chalr~n's signature onl]. O3 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS emered into this ?~:/~/~' day of _~'~¢--.-~:..,~--~2~~, 19.~"2, between CENTEX H,O, MES, a Nevada General Partnership authorized to transact busmess ~ the State of Florida, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as tit(; "Board". RECITALS: A. Developer has, su'nultaneously with tile delivery of this Agreement, apphed lot Ibc' al)l)roval the Board of a certain plat of a subdivision to be known as: AUTUMN WOODS UNIT 3. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropr,ate guarantees for the construction et the improvements required by said subdivision regulations, sa~d guarantees to be mcorporated in a bonded agreement for the construction el th(; required ~mprovements. NOW, THEREFORE, ~n consideration of the foregoing prom~ses and mutual covenar~ts hur(;inaft(;r set forth, Developer and the Board do hereby covenant and agree as fol]ows: Developer ,..,,dt cause to be constructed: A certair'~ plat of a subdivision to t]e known as "Autumn V',/oods Unit 3", with all infrastructure improvements, mcluding polar)lo water system, samtary sewer system, storm drainage system, roadway systl;m ;~f~(I hm(Jscal)ing consistent w~th WMBP Project, D-.QS_,32:0_&, Sheets 1 through. 10_. Tit(; required ~mprovements will be constructed w~thin eighteen (18) months from the date el approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto Exhibit "A" and by reference made a part hereof) in tho amount of .¢_7~,¢¢_~_._0~ which the date of th~s Agreement. In the event of default by the Developer, or failure of the Developer to coml]lme such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion et the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer, along ,,'ath the final proiect records, have been furnished to be reviewed and approved by the Dovelopmen! Services Director for compliance with the Collier County Land Development Code. Colher CounW Land Development Code .- ~ Page 2, Tho Development Serwcas Director shall, w~lhm s~xty 160) days Of rl.'(:(.'~I)l r~f Ihf; statement of substantial completion, either: a) noilly tho Developer m wrdmg of hm prehmmary approval of the m~provements; or b) not,fy the Dev(dr~f)er m wr~hn(] ~t hms refusal to approve m~provements, therewith Specifying those COrl(JlllOIl[~ whmch lh(t Developer must fulfdl m order to obtmn the Director's approval of tho m~provernums. However, in no event shall th.e Development Services D~rector refuse prolimu~ary apl)rev;il o¢ the ~mprovements if they are m fact constructed and submitted for approval ~n accordance w~th tho requirements of th~s Agreement. The Developer shall ma~ntmn all required ~mprovements for a minimum period of one il) year after preliminary approval by the Development Services Director. After the one year maintenance per~od b'¢ the Developer has terminated, the Developer shall p,:lil~on tim Development Services Director to inspect the required improvements. Tho Development Services Director, or his designee, shall inspect the improvements and, ~f fouled to bo stdl ir~ compliance vv~th the Collier County Land Development Cocle as relief:ted hv (ina) approval by the Board, the Board shall release the remammng 10% el tho subdmvmmor~ porformaRce secunt'/. The Developer's respons~bdity for mau~tenancf~ et lll~ ruqtur~:(J for ~ttl(J by the County. Six (6) months after the execul~on of this Agreement and one; w,ihln uv,;ry :;~x (Gl months thereafter, th, e Developer rna'/ request the Development Sorvtco2 D~r(mlor reduce the dollar amount of the subdwision performance SeCurity on tho b¢lsis o[ work compiete. Each request for R reduction in the dollar ~lmount of Ih(~ performance security shall [)e accompanied by a statement o( substantial con)pletlon by the Developer's engineer, together with the project records flocossary for review J)y Development Services Director. The Development Services Director may granl request for a reduction in the amount of the subdiwsion porforrnonco security for improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill ~is obtigatJons undur ihl.'; Agreement, upon coriiflcation of such failure, the Counly Administrator may call upo~ iht; subdivision performance security to secure satisfactory completion, repair m~d maintenance of tho required improvements. The Board shall have the right to construct and mainta,n, or cause to be constructed or mamntmned, pursuant to public adw~rlisement and receipt and acceptance of bids, t~e improvements required hor~]~n. The Developer, as principal under the subdivision periormance secunty, shall t)e )l~)Jf] If) [)ay (lll(J if) indemnify the Board, upon completion of such construction, the final Iota[ f;f)sJ ~o Iht: Board thereof, including, but not hm~ted to, engineering, legal and contingent cosJs, together with any damages, either d~rec[ or consequential, which lbo Board may %ustam on account of the failure of the Developer to fulfill all of the provis~ons of this Agreement. Alt of the terms, covenants and conditions herein contained are and shall be t)inding ripen the Developer and the respective successors and assigns of the Developer. Colher County Land Development Code Page 3. IN WITNESS WHEREOF, the Board and the Developer have caused tL}is Agreement to be exucule(J by thmr duly authorized representatives this , ,~',~ day Of .,,,..,7~~ _ ................ SIGNED, SEALED AND DELIVERED IN THE PRESENCE., OF: S~gnatL~e Printed or Typed Name Signature Printed or Typed Name STATE OF FLORIDA COUNTY OF COLLIER CENTEX HOMES, . Nevada G(;ner;ll Partm;rsl~H} By: Centex Real Estate Corporatmm, a Nevada CorporatLon,,its Managing General Partner TIMOTHY ,J. ~:t4JEMLER Division Presiden[ I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Timothy J. Ruemler, Division President of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada General Partnership, on behalf of the Partnershff). He is personally known to me and did not take an oath. WIT~ESS my hand and official .s.e¢l m the County and State last aforesmd th~s _~. ,Z,', .,'d. J.. L , 1 9 .' ..... NOTARY PUBLIC. My Commission Expires: / "-.- (J;ly Of ..... ! autwoods phase3 landde','cod Colher Land Developmen! Code WITNESS: Signature Printed or Typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~ ' Chairperson ' / ,,~ /, S~gna~ure Pr,nted or Typed Name ATTEST: DWIGHT E. BROCK, CLERK /, De~uty'Clerk Approved ,as to form,and legal sufficiency: County Attorney .....e,t as to Ch~frm~n ~ s :y~ature onl ~, PERFORMANCE BOND BOND NO. 5977317 KNOW ALL PERSONS BY THESE PRESENTS: That CENTEX HOMES, a Nevada General Partnership, 6702 Lone Oak Boulevard, Naples, FL 34109, (hereinafter referred to as "Owner") and SAFECO INSURANCE COMPANY OF AMERICA, 1601 Elm Street, Suite 2100, Dallas, TX 75201 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County"), in the total aggregate sum of Seven Hundred Sixteen Thousand Six Hundred Eighty Five and no/100 ($716,685.00) in the lawful money of the United States, for the payment of which sum well and truly Io be made, we bind ourselves, our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas the Owner has submitteed for Approval by the Board a cedain subdivision plat named "Autumn Woods. Unit #3", and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter referred to as "Land Development Regulations"). This obligation of Surety shall commence on the date this Bond is executed, and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in 1he Land Development Regulation ("The Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall sadsfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owneds failure to do so, end shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surcw, for value received hereby, stipulates and agrees that no change, ex~er~ion of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and i[ does hereby waive notice of any such change, extension of time, alteration, addition or deletion 'to the proposed specific improvements. Performance Bond Page 2, PROVIDED, FURTHI~R, that it is expressly agreed that the Bond shall be deemed amended automatically and Immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surew to thc full and faithful performance in accordance"~wlth the Land Development Regulations, The term 'Amendment', wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever, ._ *- SIGNED, SEALED AND DELIVERED THE PRESENCE OF: WI!NESS: ^ (Signature) .~,~. t Name) (Print Name)-- State of Florida Collier, SS CENTEX HOMES, a Nevada General Partnership By: Centex Real Estate Corporation, a Nevada Corporation. tts Managing General Parzner TIMOTHY J. RUEMLER Division President I HERFRY CERTIFY [hat on this day before me, an officer duly qualified to Take acknowledgments, personally appeared, Timothy J. Ruemlar, DivL~ion President of Centex Real Estate Corporation, Managing General Pa~'tner of Centex Hom~, a Nevada General Partnership, on behalf o! the Paz'u~rsh~p. He is personally known to me and did not take an oath. day of Performance Bond Page 3. SIGNED, SEALED AND DEUVERED IN THE PRESENCE OF: ISignature) Lo/- __~ (Print Nam~z ~// (Signature)' (Prim: Name) '- (Signa[,~/~t -~ " ' Allyson Dean (Print Name) Attorney-in-fact ~tate of Texas County of Dallas On thls. 26th day of january , 19....99 , before me personally appeared A1 lyson Dean , known to me to be the Attorney-in-Fact of SAFEC0 INSURANCE COMPANY OF AMERICA , the Forporatlon tha~ exacted the within instrument, and acknowledged to me Hat such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in ~the aforesaid county, the day and year in this certificate first w~']tl:en (Notify ruu,ml Deborah Griffith Printed Name My Commission Expires: 8-23-99 _~OUNTERSI GNED BY: , POWER SAFECO INSURANCE COMPANY OF AMERICA GEN£.AL INSURANCE COM.ANY OF A~ORNEY HO~E O~C~: SA~CO --, ~--~ SEATTLE. WASHINGTON KNOW ALL BY THESE PRESENTS: No. 10130 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint "~"K"""~'""""~"N""""'~"~'"""""""ALLYSON DEAN, Del les, its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed m~d attested these presents this 19 day of February . 19 98 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws. and (ii) A copy of the power-of-at"torney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of tho certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I. R. A. PiersGn, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of e Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation th ,2. day of (? 'ps-g741EP Iig3 (~ Registered trademark of SAFECO Corporation. 'i ~5 C<).'qS [ KL'C'i [O:'; .-'~ND :,:Ali',' i'E:4;\F:CE AO?dZE:.~E.":7 FOR I%IF?.O'¥E.hlE.*,:~iS PK1OR 'IO R.ECORi)I:<(.i OF PL4T AGREE:.tE:4'T ~:?.icrcd C',-rol'.'~ N:c=',,.onder. BEerr,; N:c=xt'onder. and .~la:,~ D Nice~mder. }.erctnal",::~ re'.'cr~ec ::-;c.'-:='j ::, ::s ' '[ he P.,q( [T.:-,[. S. F'L'D " Developer herev, ith %,r,=.~s :o constru~ 5aiJ ~mpa','.cments prior to r=curd{~ .~aid s/od:', :~::=n :<at and ~?,e Board c f Co :n% Conun:5>~oners shall m:.t api~ro','e tho i<z: 1i': :vcordim: ~:::::: caid imprc', eh:eries ha'. e ['con :',':::'.',:r::anee securitF ~n t:",,: amount ~,~' 552. )57 ,.,0 which ::preser,~s :., comg:e:~' ,:cns:~zcuc. n. t.'pcn receip: ~;:' szid >u~Ji'.i=ion perfi)r:::an.:¢ scc'.:'it7 b,. ~h~ _,. ~ e'.c'ome:u Se~5'ices Di:'ec;or. :n: Deve.op-:r m?.F request ,:g7.:,o'. e the subdivision plat 5:.r recorJmz :m,:i gnmt preI:m:aa~ approval of ,al ' -.'..' s.,bs:ar.~iai completion L'}' Developer'~ en~'ineer ;dong uith the ~Sr. al p:o}:,ct rec,~rds h~'.'e beer: furr2sh:.Z :.:, b.e re'.'iewe,~ amd a:~::.ro','ed b~ :he Dc'. tlc. preen: SeF. ice~ [~rcc:~qr (~r ce:::plioa~ce '.,.'i~k :h: '-~(,.L,r";-' Cc,ur:? Land De',eloz, men~ 't h: l.):'.'¢l~,pmcnt .%_¢rvices [,~ir.-cu-,r s?.ail. ~..i:mn sl'.:U' ,'(fi;) da':'s o:' rcc,npl o: ' . . o .. rg.u.,,a, io aFF,:o',c Ih~ aF?.-.'.'..~l ,:,~ r.}l: i:nprc'.em:':~is: ,~r bi ;:o~f~' thc Developer in '.~ntin~ o; Pas "' ~ .-',vree:nen;. upon ce~it~cattort of quch thilure, the Cour. W Ad:ninis~at,~r n~y call up,.m lhe re.Tx[red in~provemznts The B,~ard s~:all imve ~:e righ~ ~,~ con~tri,c: :md mM;:min, or czu~c 1,9 Dc impr,7,'eme::ts required herein. '['he De~eloper. as principal under thc suhdivisl,~n F,c<'o~:ancc s'xs:2~2 c.,;; accouI;: o:' t}:e fail,~-c ,>f the De'.e:opcr to ~ulfi:l o=: ~22 ,ff eL,: pr,-,v{sions c.t' thi~ .S. .A. Ii ofd:c terms, co', cn'..mt.~ ;md condi:iorLs herein confined arc and .~hall u~c:: the Developer m:d the res>¢cti','e successors a:.d assigns of the Dc,, fN %TI"NESS \VH. Et>.JSOF. th," Board and t,h¢ De~eloper have cau~e,~, this :}!:rccmcl;t 0d/i 5./!18 ~lH: .33 'iX/It), \(). ,17.'1.5 I'. I)113 [] r~ Y Printed Name and 5:,'4.0 o:' ../. ," Count.*.' of "-' Thc tbrc;oin~ instm::',~t:t ',,.'as acknowledged bc,q',rc luc :!:is da:.' ¢,:' ,:.r :cr,:,duc¢.-.4 i,dc:~:ittcaUo:'~ .... T.', pc of idurmf~.e, tion p;c.d'~ccd: ~ &::]:,: t~,.%a.?' Sca] } / Not~o' ,r'ublJc RI> Commissior~ Ex[,i~cs: Primed :<ami, ;md 'Iitl~ ~'.;OS. '2:.' Jay ~. '~';icewcnfier. Jr.. ',~ho pcrt, onally appeared before :r.c and ',~ho ~- er F:'oduccd idc;:tiEcgtioz Type o:' idcmi/]ca:~or~/noduccd;~ ,Affix notac.' seal) '" ' My Commission N, ~ta:7.. Prit;:ed 06/13/!t8 08:53 TX/II× X0.,17,15 I'.004 · Primed .Wa;ne and 'l'~:lu State of .' ' ' ,.- Co,uRty of · ' , ' T:".e foregoing instrument was ackno~,,'ledged before me Ibis ' da.,,' of..____~: ...... 1958. by C~ro.yn Niccwonder whn perpetually appeared befure me amt who is personally ~ .or produ:ed id:mi:Scatien ................. Type of iden:i~cation produced: ~ .~ftiX t~Ot~' Se~') Nc)~;<,' Public My Cotmnissi,.,a Exl-irc"~ N'otars' Pru;ted Name %",'imesses .'.o Sher:-..,' Nice,.,.'cnder Thc Foregoing instzument was nck~,owlcdged be/bre me th~s. .,_ day o;' 199g. by She~/Nice~'onder ~'ho i~'r~mail7 ap;~mred before mc and who is personally produced identi ficaHon 'l ? pe of Mend ficaHon produced: .~ol:lry P ublic · ' (.'ornn,is'~:m Expire:;: Not,'~' P~'intcd N=ne (J6t 1 ,~/!)8 [}8: 5:1 TX/IIX .NO. 4 7,15 I'. fl(}~ I Witnesses to :,!ark D. Nicewondcr. Pr;n:e~ N~e:_I:_ f~ ' ~..~ rut ~ , Printed Name $:at.~ of ' The foregoing instrument was ackliowlcdicd bcrk'~r¢ mc tlS:: ........ day oi'. ~.: _or produ:ed i2enfi fica:ion T? pe of ;dent~carioa ;o:o,Succ,'l: (Affix not,,,v. ,~.. st'al) DWIGHT E. BROCK. CLE,'424. Ap..,,ro:'ed as to :'om: and. legal s~afficiency: ,. Attest $t~aature .Nom.,?' Public .Nly Commi:isiorJ Ex pire.s: NOt. tO' Printed >",~'T,e BOARD OF COUNTY (?OMNIiS.'gIO:'~ERS OF COLLIEK COl.~fl'Y. :~.p¢ID.~ / I~,5~%>, :. :lAC ' K ! iC, C'.~A I!~WO~IAN t0 Chltr~n' $ only. 0{i/1.5/.q8 08:5:1 TX/IIX ACCESS EASEMENT THIS ACCESS EASEMENT, made and entered into this ~ day of .....-~..~ ,19 ~'~, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns, as Grantor to TWINEAGLES GOLF & COUNTRY CLUB, INC., a Florida Non-Profit Corporation, TWINEAGLES LAND GROUP I, a Florida Limited Liability Company, TWINEAGLES MANAGEMENT, LTD., a Florida Limited Partnership, its sole manager, TWINEAGLES DEVELOPMENT, INC., a Florida Corporation, its general partner and TWINEAGLES COMMUNITY ASSOCIATION, INC., a Florida Non-Profit Corporation whose mailing address is 4099 Tamiami Trail. North Suite 305, Naples, FL 34103, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the padies to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive access easement, license, and privilege for access over, under, upon and across the following described lands (the "Easement Area") located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said Easement Area for the purposes of constructing a bridge (and related improvements) across the Cocohatchee Canal and connecting Grantee's road with lmmokalee Road (CR-846), provided that Grantor shall approve Grantee's plans prior to construction. Twin Eagles Community Association Inc., a Florida Non-Profit Corporation shall be responsible for the maintenance of improvements constructed or installed by Grantee, unless otherwise agreed in writing, by Grantor. If Grantor determines that a safety or operational problem, or both, exists from Grantee's utilization of the Access Easement, Grantor shall provide Grantee with written notice that the Access Easement shall terminate within sixty (60) days unless Grantee has corrected said operational and/or safety problem within said sixty (60) days. In such event, Grantor shall not be required to compensate Grantee for any improvements constructed or installed by Grantee in the Easement Area. Grantor and Grantee are used for singular or plural, as the context requires. Page 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DA T E D :~,27,,~ ATTEST: DWIGHT E. BROCK,_/GIe_r.k By:~ Deputy Clerk Attest as to signature on]7. BOARD OF COUNTY COMMISSIONERS Pamela S. MacKi¢, Chairwoman / TWINEAGLES GOLF & COUNTRY CLUB ACCESS EASEMENT DESCRIPTION A s~rip of land lying in the southwest quarter of'Section 20, Township 48 South, Range 2'7 East, Collier County, Florida, and more pamcularly described as follows: Commencing at the southwest comer of said section 20 run Ng6°00'55"E along the south line of the southwest quarter of said section 20 a distance of 609 98 feet to the Point of Beg nning thence run N03°$~'05"V,,, 100.O0 feet to ti~,e north line of'a 100 foot wide collier count:,' draina=e right of v,'ay; thence run NgS;00'55"E ~-long said nor'th line For 100.00 feet, thence lea',ing said north line run S03%9'05"E for I00.00 feet to the south line of' said section; thence run S86°00'$5"W For 100.00 feet to the Point of Beginning. Said parcel containing 10,000 00 sqt:are Feet or 0 23 acres more or less, subject to easemer~,~s, restrictions and reservations of' record. -~illiam C. ~~.?,,?'///ff Florida Registration No. 1543 McAt'dy Engineering and Design, Inc. 5101 East Tamiami Trail, Suite 202 Naples, Florida 34113 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this __~__ day of ~,~__~_¥, _. 19~_.1[.~, by ENCHANTING SHORES CO-OP, INC., a Florida corporation, whose mailing address is 17 Turquoise Avenue, Naples, FL 34114, as Grantor, and COLLIER COUNTY, a polilical subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein Ihe terms "Grantor" and "Grantee" include all the parties Io this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS (S10.00) and other wfluable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Granlee, a perpetual, non-exckJsive, license, and privilege to enter upon and to install and maintain drainage and utility facililies on the following described lands located in Collier County, Florida, to wit: See attached Exhibil "A" which is incorporaled herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee logelher wiUi the right to enter upon said land, place, excavale, and remove materials for the purpose of constrtmfing, operating, and maintaining drainage and utility facilities thereon. Grantor and Granlee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with tile land and shall t)urden the lands described above. IN VVITHESS WHEREOF, the Grantor has caused these [)resents to be executed the date and year first above written. FIRST WITNESS. (Sigpature) ~ ~<:.4.,:..~ ,~ c./.,'-,4.-:.z-'./ (Priyt Name) SECG~ID?gITN~SS (Signature) (Pri(d Name) ENCHANTING SHORES CO-OP, INC., a Florida corporation, The foregoing Drainage Easement was acknowledged before mo this '~--~___ (Jay of ~,.-n io.¢,"', , 1998, bv ~r..k~J]l~,.,,,,.,~,~ 12¢1,,,,,~ /.. ,~,.~',.,,L~/:v,.-(Print Hame of OfficerL ~r~y_~T_/'_~/(.¢ ~,~l,¢~t (Print Till_ of Officer) on behalf of ENCrtANTING SHORES CO-OP, INC., a Florida Corporalion. He/She is personally known to me or who has produced .~',.¢,,, ,,.,.c~.4 as identification. (Affix notarial seal) (Si~'~ature ~:~/-~t~Ty7 _J)z.,., td Z. (Prinl Name oI Notary) Commission fl_C~d7 d ~ My Commission Expires: /}/~ EXHIBIT_. Page__L_ oi'1_..3.._. I~GAL DE$(jILU"rlQN I'ROJECI' NO. Roost Road PROJECT PARCEL NO. -- TAX PARCEL NO - A strip of land 40 Feet wide For drainage purposes abutting and lying north of thc £ollowing described linc. The sidelines of said strip arc to intersect at the property lines. Commence at the £outhwest corner o£ thc Norti]cast I/4 o£ the Northwest I/,1 o£ Scctkm I I, Township 51 South, Range 26 East, Collier Counly, Florida; Thence along the west linc of said fraction of section, N0l°dYS0"l;., 995.2 feet lo tim l'oint of Ileginning, Thence S73°30'00"W, 905 feet to the Point of Termination. S.KE'FC_! OF L_.__~EGA___L. DESqiRIPTION ( NOT A~';Y.~..I }-,.--- West line of tie I/4 cf NW Ill -- ~ ~L~' Poin! of Commencement Norlheas! 1/,1 of Norlhw¢$! I/4 of S¢(.'liol! l 1 SCALE: IIOT TO SCAL£ DRAWN BY: RSG CIIECKED BY: 1t":~3 ." ~ ,', ~' . I,. t '~( '; ~ ,~$fiI~N~I<~01~QEYOR AND MAI'PFR N~LFFS;"~O'RIDA 34104 ~6g 6 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 16~ 8 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 This instrument ln'elmred by: Heidi F. Ashton ..\ssi.,qant County Attm'ney Office of the County :~tlOl'llPy 3301 East Tamiami Trail Naples. Fhn'ida 3,1112 (5,11) 77,1-8,100 Property Folio No. I;:lsG:tll;0001 S:VI'ISI":\(7I'ION OF I,II':N KN'O\V ..\12, .MF;N BY 'I'I{I';SI'; IN~.I';SI';NTS: 'l'ha~ ~he I~O;\P,I) COUN'FY CO.NI.MISSIONICRS OF COI,[,II':[{ COUNTY, [:I,Ol{ll):\ was Ill(.' mvnm' holder ora certain l,ien ngainsl: lt:lliH~ W. Tnylor & N. ,lean Taylor & Kmth 1. T:Lvlor :13:t I .Xlc(lregnr Blvd. l"t..Myers Fl. 33901 The I,ien was record;~d ~m 01/21/91 ill Offici;~l Recm'd Book 0015$7. [~;t~{: oo2;tHo, in th¢~ Office of the Clerk of the Circuit Court of Collier ('otlllty. St;tlc of I:h.'id:l. The l,icn secures the l>rincil>aI sum of Two }[un<h'ml and Seventy-Five l)ollm's {$275.00), plus accrut~d interest and imn:thics, if;my, and imlms<~s cra'lain t>hli~ations against real I>rOl}m'ly situated in Ct,llier Cnunty. l"h>rida, described as fidlmvs: IliA,: 3!1 I.OTS 2:) - 32 ()14 500 I'(; 753 & OR 121 I PC; GIG OF COUNTY. 1:I.(/I11 Collier County. n l>olilic;~] subdivision (>t'th(., Stale of l"lorida, her(..by m;knowh~d~es receipt of payment in Full s:~tisfaction of th, l,icn and hereby c~,nccls the l,i(,n. 'I'll{; Clerk o£lhe Circuit Court is herchy dir{.ctml to rccnrd this Satisf:mti{m of IAcn itl the Official l>,eco,'ds o£ Collicr CourtLy. l"lm'id:l, to ncknnwled~ l}mt Ihe IJr,n ci~;,sc.~ Io exist. IN WITNESS \VHEt{I':OI:. lhe Bo:mi of County Commissioners of Collie,' County. Florida. :mtinfz throt,,gh its Chairman. directs executmn and recording of this Satisfacl ion of Lien. I)y act ion of th, Boa rd t his.~..'. ' 't-~_ lay of ATTEST: D\VIGHT I']. BI',OCN, Clm'k Attest as to Chalraan's sl~aature onlj. I;O:\RI) OF ('OUNTY CO.X. IMISSIONI.;I,L'-; ('()I,I,IER COUNTY, Fl,Ol{ll):\ By: ,/'-" } 1'' PAME[,^ ?,. MAC'KI[.;, CIt^IRWOMAN This inst rum(,nl In'Ol)ared by: Heidi F. A~lm)n Assistallt Cotlnty AtlOl'llt?* 3301 East Tamiami Trail Naples. Florida 3.1112 (9.11) 77,1.8400 Property Folio .~o. 5,~119 IS(100l) S:VI'ISFACTION OF I,IEN KNOW :\IA, MEN BY TIIESI'; PIIESENTS: That the BOAIU) OI" COUNTY COMMISSIONEIIS OF COI,I,IER COUNTY. FI,ORII)A was tim owner and holder .fa certain l.ien aff;tinsl: The I,ien was recorded on 0~;/zn~!)l in Official Record Book 001i;28, Page 000721, in Office of lhe Clerk ()f the Circuit C.url ()f C, dlier County, Stale of Flm'id:). The Men secures the princilml sum r)f Two ttundrcd and }"orty. Fwe l}.llars ~S215.001, plus nccrued interest and i)enalties, if any, and imposes (:erlain ol)limltions a~ainst I't~ll[ I)rr)l)erly situated in Collier County. Flm'ida, described as follows: I.OT 9. BI.OCI'[ .12 t, MAI{CO BEA(;II L'NIT 'FIIIIITt.;I.XX, A SUBI)IVISII}N Collier County, a political sul)divisio,l of the State of Florida, hereby ;ickno~vledges receipt of payment in full satisfimtion of the l.ien and hereby cancels the Men. The Clerk of the Circuit Court is hereby directed to record this Satisfi~ction of Lien in the Official F, ecm'ds of Collier County. Florida, to acknowledge that the I,ien ceases to exist. IN \VITNESS WIIEREOI:, the Board of C(),mty Cmnmissi-ners of Collier County, Florida, aclin~ l}u'()u,gh its C'hairman, directs (,xeculi()n and r(!cordiul4 of this . ~, Satisfi~ction of I.ien. hv action oflhe Board th.s_. ~lay ()f.~e"o/~,., ,,, 19!)9. ATTEST: DWIGHT E. BROCK, Clerk - / Attest as to Ch~lr~n'S I',(-):\I~.I) OF COUNTY COMMISSIONI';RS COI,I.IER COUNTY, I"I,OI{IDA PANi'.I.A S. HAt' ~ - ",. ' . / 1 h;/ -f- : .... .. ', '.51:~ :) ' - This instrumont prep:tred by: tleidi F. :\shTon Assist;mt County :Mtm'ney Office of the Cot~t3' :XttOl'llt,y 3301 East Tami:tmi Trail Naples, Floridn 3,11 12 (0,11) 77,1-8,t00 Property Folio N'o, 577.11520006 S:VI'I,'-;F..\('TI¢)N ()F IAEN KNOW :\I,1, .MEN BY 'I'}tESE PI{ESEXTS: That lbo I{()..XRI)O1: COUNTY CONINIISSIONI5IIS OF COI,IAEI{ COUNTY. I:I,OIIlI)A was the owner :lml holder ora certain l,i(,n a~ninst: · lames ,! lh'mh.rlck & Rose 51arie llrodermk :t9 .Morr~s Avenm. N l'atchoque. NY 11772 The I,ien was recorded on 05i05/:~1 ill Official Record Book 1913. PaRe 2218. in the of the Clerk of the Circuit Court of Collier Cotmly, State of Florida. The IAcn secures the principal sun: of Two tlundred and Forty Five Dollars {$2.15.00). plus accrued interest and pennlties, if any. and imposes certain o})li~ations ngainst real property sit unted in Collier County. Florida. described ns follows: I,OT 13. BI,OCK 290. .M;\llCO lll-;,.\(T}t UNIT 8. ,~. St'III)IVISION. Collier County. a politicnl subdivision of th. Stnte of Florida, hereby acknowh,dues receipt oflmYment in full satisf;lction ¢}fth(, Lien and hereby cancoI~ th. IA-ri. The Cle,-k of the Circuit Court is hereby directed to record this Sat lsf;tction of l,imi in the Officinl Record.* of Collier County, Florida. to ncknowledge lhat l}le l.ion ct, risers to exist. IN \VITNI';SS VCltIERI';OI''. the Board of County Commissioners of Collier County Florida, noting through its Ch;tirmnn, direcls execution nmi recording oft. his Satisfnction ofl,ien, by notion of the Board th~s_~lny of~ . 1999. :VI'TEST: DWIGIIT I';. BROCI,L Ch.,rk ~ Jgaature cnij. OF C¢)ILN'TY C{')MNI ISS[ONER,% COUNTY. FI,ORI I):\ P~\MEL.r~ S. NAC'~IE, CttAIRI,'IOi'q/\N This instrument i)repured b.v: Heidi F. Ashton Assistant County Attorney Office of the County 3301 Eas~ Tamiami Trail Nal)les. Florida 3.11 12 (94 I) 77,1-8,100 I~roperty I:olio .N'o. 57~; SATISFACTION OF I,IEN KNOW Al,l, MEN BY THI';SE PI{ESENTS: 'Fh;~t thc BOAIll) O1" COUNTY COMMISSIONPZRS OF COI,I,I Ell COUNTY, FI,ORI I)A was tht~ ,,wnt,r and holder ora certain Lien against: P.i}.Box 57.1212 'l':,rzana, Califl~rnia 91357 The IAen was rccm'de(l on 05*ru;/:m in O£ficial Record Book 2179. l);l~e (~lr18, in lhe Office of the Clerk of t he Circuit Court of Collier County. State of Florida. The Lit'n st,Ctll'¢~s the principal sum ~f Tw,, ttun,lre,I nmi Forty ]"ixq. Dollars (S215.00). plus ;~(:cru(~d pen;dries, if :~ny. ;tnd imposes c(q'tain f~bli~ations agninst real properly Collier County. [:lorida. described as fi~llows: I.OT 6. L~I.OCK IS I. ¢)I: 5I:'~IiCO [II.;:~,C}I I'NIT SEVEN. ,%. SL'BDIVISION. Ar~COIil)IN(; TO TIlE ['I~T THEREOV. liEf'OIil)I.:D IN I'I.-kT B()()K 6. I'Aill.',S 55 TO I;2 OF TIlE I'Ulll,IC I{I.:(;Olll)S OF COI,I,IER ('Ot'NTY. I.'I,OI{IDA Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisf;~ction of the I,ien an(I here})y cancels the Tho Clerk of iht, Circuit Cotlrt is herel>y dir(,cted t~) record this SatisC~mtion of I,ien in the Official Records of Collier County, Florida. to acknowled~r, thal thr? l,ien ceases to exist. IN WITNESS W.[IEI>,I';OF, tho 13o~u'd of County Commissioner.q of Collier County, Florida, acting ~hrough its Chairman, directs execution and ~r~din~, ofthi.~ · thLq. ;' ~-~lny of-.~--~.~-~. , 1.q.q!). Satisfitction ofl,ien, by action of the Bonrd ' '"" ATTEST: D'~VIf;I-{T E. BI~.OCI(, Clerk Al:est as to Chairman's sic~Lure onlj', I~,O..\I~D OF COUNTY COM.MISSIONI,;IIS (;OIAAER COUNTY. I.'I,OI{ID:\ This in.~trulnont l)rel)ared by: Heidi F. Ashton Assistant County Al torney Office of the County Attorney 3301 East Tamiami Trail Nnples. Florida a,1112 (9,11) 77-1-8-100 ['roperty ]:'olio .N'o. ;',:)02GOOOOOG SATISVACTI()N OF I,IEN KNO\V AI.,I, .MEN BY TItESE PRESENTS: That the BOARI) OI" COUNTY CO.M.MISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder ofa ce,'tain l,ien a,mfinst: I'rsula lh,ertel Ilomharstr :1 820:1 i ( ;ruon',vald (;(.rma ny The Lien was reco,'ded on oo/01/s8 in Official Reco,'d Book 2.t58. Page 1.12.1, ill tile Office of the Clerk of the Circuit Court of Collier County. Stale of Florida. The IAen secures the l)rincilml sum of Two Ihmdred and F, rty Five Dollar* ($2.15.0OL 1}lus accrued inlerest nnd penahies, if any. and imposes certain obligations against real p,'operty *;it hated in Collie;' County. Florida. desc,'ibed ns fidlows: LOT 15. I~I,OCI< 789 OF A I'd.;I'I.AT t)l.' :\ t'()l('I'l¢)N OF .MAliCe [;L'ACll !.'NIT TWENTY FIVE. :\ SUIII)IVISION. Collier Count}'. :, political subdivision of th(' State o£ [:lcrida. herel)y ackn,)wh.dges receipt oflmYment in full satisfaction of the IAen and herel)y cancels the I,ien. The Clerk of the Circuit C(,urt is hereby directed to record this Satisfactiou of l,ien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases 1o exist. IN WITNESS WIIEIll.;OF. tile Iloa:'d of County Commi.~sioner.q of Collier County, Florida. act lng t brough il s Cha irma n. direct s execut ion and recording of this Satisfact ion of l,ien, by act bm .l'lhe Board this_~, ~ay of ~f~-~- I,L),). :\TI'EST: DWIGHT E. BROCK. Clerk si~q~ture onll. I/():\IU) OF COL:NTY COMMISSI(')NI.;RS COIA,I Ell CO UNTY. FI,O R IIJA By: / PAMELA S. MAC'KIE, CIIA[EWONAN This inst,'ument prelm red by: Held! F. ;\shton Off, ce of the County Atlm'nt.y 3301 East Tam!ami Trail Naples. Florida 31112 (9.t 1) 2434494 OR: 25i2 ?G: 3011 *** Property Folio N'o. 577 1 SATI S VA ¢,TI O N O F LI E X KNO\V ,.\IA. ,MI.;N I',Y TIIESE I'I{I.;SI,;NTS: Tim! ~h(, I;OAI',D OF COUNTY COSI.MISSIONI.;RS OF COIAAEII C()UNTY, l:l.OIlII);\ was tho owm,r and holder ora certain Lien a~:tinst: .lames ,J Brodermk Rose .Matra Ilrt~lermk 3.9 Morris Ave .'%' Patchol.lue. Nh' 11772 The Lien was ,'ecordetl on o:~;2z/!m in Official Recm'd Book 2v;I. Page 21:1o. in Ill{, Office of the Clerk of lhe Circuit Co!Ir! ~,f Collier Cotln!y. Sla!o of l:Iorida, The Lien st,cures tile principal suni of Tw. }hmdred and I'%rty Five l}ollar..~ 152 IS.OlD. plus nccruotl intr'n'.~t and penalties, if;my, and imlmSes certain obligations agmns! re;,l property situated in Collier County. Florida. described as £ollows: I.OT 13. l',ld)('K 29o..M..\I{CO l',I-;.-\(71l UNIT 8. S['BI)IVISION ACCOIil)ING 'lq} Till.; PIAT THEI',I.;¢)F AS III.;(!{)I{I)ED IN I'I..\T Lq)OK (;. I',\¢;I';S G:t.(;8. OF' TIlE PI'Ill.lC I',I.;(~OI',I)S ()1.' COLI3 EI{ COUNTY. FI.ORIDA. Collier County. a political suhdivision of the St:dc of Fhn'id:~, hercl,y :,ckn,~wled~es receipt of payment in full s;itisfitction of the IAen and hereby cancels the lath. The Clerk of tile Circuit Court ix herr:lc.-dH'et/ed lo record thi.~ Hal isf';,ct !tm t,f l,icn in tho Official Records of Coil!re' Coumy, Florida. to acknowletl~4e Ihat the lfit. n cerises to exist. IN WITNESS WtIEIiEOF. tim B,ard of C,,unty Commissioners of Collier County. Florida, acting t }u-ouch its Clmirman, directs execulion and~an~recordin, m thor this~s Satisf:mtion of lAma. by acti¢m of the Board this_ ~-~ay of~ , I.LI,L't' ATTEST: I)WIGIIT E. BI{OCK. Cle,'k AL?.sL as to Chiir~'$ I;O..\I{I) 01: (,OUNTY COMMISSI()NI,;I'~S COI,I,I Ell CO UNTY. l"l,Ol{I DA This in.ctrument prepared by: Heidi F. Ashtnn Assistant CotHHy Atlm'ney Office ~f the Counly :M lOl'llt,y 3301 East Tamiami Trail Naples. Florida 3.1112 (9,11) 77,1-8.100 Property I:olio No. ~;2,~ 112 I{,on~; S:\TISI":\('I'ION OF I.II';N Ic.N¢)W :\I.I..MEN I;Y 't'III';.%I'; I'RE.%I';NT.'-;: T}m~ ~lm I;():\I{D OF COUNTY CO.\I.\IISSIONEI),S {)t" {'¢)I,I,I EII C{)UNTY. I"l.Ollll)..\ wa~ tim .wm,r .mi holder .£;: certain I,ien :.14ainst: The Lien was rocm'ded m~ o:VH;'!:, in ()fficial lh.cm'd B~nk 2n:l~L Pa~e Il 18. in Ihv ()f'fic~ oftheClerkc~f~he Circuit C.urt,,fC.llierCm~nb'.StateofFl.rida. Thel.ic,nsvctu'(.s the princilm] sum ,~f lqv,. tlun,h'..,t l),,ll.r~ ~$5o1~ ~}m. plus accrumt intm'ust .nd penah irs. if any. and inllmses C(.l'{;lll] ohli~atimls :~aizlst z'(.:tl iH'oilorly situal~,d in Collim' (fmtnty. Flm'id;~. described as fi,flows: I.OT I BI,OCK 76 OF NAI'I,ES I',\I{K SI 'I;I)IVISI{)N I'NIT NO. 6...\(.'~'¢)l{l)lNI; 'l'O Till.; IH.AT TItEIII.:OI:. t{E('OIIDI.:I) IN PlAT II¢)OK ;1. AT I',.\{l].; 15. t)F TIIE I'I'BI,IU II]';COI{I)S ¢)1.' COL'NTY. I.'I,OIIlI)A. Collie.' County. n Imlilical .,.uhdivisitm nfthe 8late o[' Flo.'ida. hereby m:knmvlmtg~.s receipt (~fp;tyment in full s:ilisfaclion ()£lhe Lien and herel)y canc(,ls lilt, I.iml. The Clerk of ~he Circuit ('mu'l is h(,rehy dir{,clml It; recm'd this S.iisfimlion .f IAm in the Official Ih.cra'ds .f ('ullier ('re. inly FIm'ida. In acknmvled~, fha! Ibc. l,ien cuases I~ exist. IN \\'ITNE.%S \V[[I':IIEOF. thy l~,mll'd of County C'~mlmi.,~simwrs c~f Collier Cmmly. Florida. actin~ lhrou;h its Chairman. directs execulinn and recto'ding of this Satisfi~ction of l,ien. I)v acliml t~flhe B~mrd this~lav of~ ~~, 1.I.hl. ATTEST: I)WI(;ItT E. BROCI,:. Clerk .,.:~t a~ to Ch41r~n'$ si~:,ature onl.~, l;()..\l{l) OI" COUNTY COM.MISSIONI.;IIS (tOI,I,IER COUNTY. l"l,Ollll):\ I'AI'4I':IA S. bM~C'l.;r,r.], (-qlAI[eWOMAN Thi:.; instrument prepar{.d [~y: lleidi F. A~hton Assistant (.'ounty :\ltorney Office of the Cotlllty 3301 East Tamiami Tr;~il Naples. Floridn 3,1112 (9,1 I) [~roperty [:olio .N,'<). 577 113'q'g;0G S.,VI'IS I";\~ I,I I';N I'~NO\V :\I,I~ .MI';N BY '['Itl';SI'; I'RI';SI';NTS: Tim< COUNTY C(')M.MI.qSIONI';IIS (.ii" COI,I,[I';II COUNTY. I:IX)I{I I):\ was lhe own.,' and hohler ora cert;~in IAen The l.ie n was recor¢led on 0! q;3/:~7 ill O ~t:ial Recm'd [look 22t;$. l)a ge 012a. in t he O ffic. of the Clerk of thc ('ircuil COtll'l of Collier (7ounty. St;~t¢, of l"hn'ida. The IA<.n sm:tu-(,s the l>rillcip:ll stlm o~ Two llun,h'cd nnd ['%rty Vive I)oIlars 15215,O(11. plus ;~ccru¢ql Collier County. l:lorid;t, d¢.sm'il..d as [.OT 13. I;I.¢}('lq 290. M.\H{'() l;f':,-\('lf I'XIT s..,\ SI 'l;l)lVt.qlON. Collie,' County. :t iJolitical subdivision of th. St:itc. of ["lorida. h.rtdLv n<:knowh,¢lg<~s receipt ofl);lyment ill full satisfitt:ti<m of th<, l.ien and hereby <:;lllc(.I.,.; tile! l,i(,n. The Ch:rk of the Circui! ('our< is h.rchy directed to ri. cord this Sulisfi~ction of l.ien in the Officinl II<.cm'ds of ('olli(.r ('oullly. l"lorida, to acknowledge Ih;~ the I.i.n ce;,s~.s ro exist. IN \V['I'NI';S.q \Vi [[.;I~,EOI:. lh<. Board o£ (5,ul~ty Commissi.n(.t's or ('oilier (Munty. Florida. aclin~ ~hrou~h i~s ('halrin:tn. dire.els ~.,xecution and r('cordin~ Satisfi~ction of l,i{'n, hv ;t~:lion .f~hf' B-;~rd this_ ~ t~lav ~ ' This instrumen~ pr(.par~.d t[eidi 1". 330I East %,mi:,mi Trail Naples. Florida 3.1112 ['r,,lwrty ["o]j,~ .\'o. 512 II:l~O0(I,, H..VI'ISI"ACTI()N ¢)I" I,IEN t,iXOW Al,l, ,\lEX I;Y '1'111'~SI'~ I'ItESENTS: 'l'ha~ Ilw B()AItI)O1" COUNTY CO.Xl.XlISSIOXEILq OF ('¢)IdAEI{ COUNTY. I"I,OI{II)A was lhe owner and h,)hler ,ifa certain l,im~ a~ainsl: F,h;mn,, ;117 S]'~ 13 th .qt r,.pt lmm.,kal..e, l"l,,rvla The l.iml ',vas recm',h.d ,,n (,I/t~s/~j~; in Officml I{ec,,,'d Book 2167, l'ag(. 171;2, ill the Office o£ the Clerk ,~[ I lie Cir,:uit Cotlrl i~f C,~lli,,r (,ounty, Start, of Florida. The l,ien secures the prir~cJpal sum o[' Tv..,, lhm,h.,~,l and l",,rty lqv,. l),ltnr~ 45215.00). plus accrued inhu'esl an,l imnalties, ilr any. and imposes ctq'lt,in ,~l,ligntions against real properly siluated in Colti,.r County. l:lm'ida, descrihefl as follows: I,~)T 17, l;[,Ot'l< l; I.M.'dOK,U,I';E IIIt;IIt,'~XDS. :NS I'l';l{ I'IAT TIII.;IU.;¢)F,Lq I(E('(iHI)EI) IN I'I,,.\T BOOK 7. PA¢;E I. I'1 'BI,lC l'd'Y'Ol'd).q ()I" (';~1,1,1I",1~ ('OiL~'I'Y. I:I,OI{II)A. Collier County. a political suhdi','isim~ .fttw Sl:,t~, of Flm'ida. hert,hy m:knmvh,dl:,es rec(tipl of imynlonl in full sal isfiiclmn ol'lhe l.ien and he:'c'l~y ca noels the l,ien. The Ch,rk ,,f the Circuit (',,url is hert,l~y directed to recm'd this Sat israel ion of l,ien in the Official l~.ecm'ds of Collim' County, l"~ ~r' I . Io acknowlodge tha~ thc' I.ien (:raises to exist. IN WI'I'NESS WIIEIU';OI", the Board ()f County Commissim~ers o£ C. llier County, Fir)rid:,, acting tln'ouuh its Chairman, dirt,ct.~ ext, cution nnd ri,cra'ding of this Satisfaction r,f J.i(,n. by a<rtion ,)f th(, B~m]'d this ~, ,y of~~ 1999. ATTEST: DWIGHT E. BROCK, Ch,rk tit(x,-. :: to Ch~lr~i,q'$ si~a~ure on]$. This instrument prepared by: Heidi F, Ash~on Assistant (~ounty At torn{? Office of the County Al tm'n~W 33(}1 East Tami.mi Tr. il Nap]es, ]"torida 341 I~ (9,11) 77-t-8400 Prol)erty Folio No. s(;:) 117(;0o07 SATISI:..\CTI¢)N OF I,II';N I.ZNO\V :\ l.I, .Xl EX BY TI I I';SI:; 1)IU';SE;NTS: That th. I10:\ RI) 0 F COUNTY COMMISSIf)NI';IIS OI" COIA.IER Cf)LINTY. FI.ORI DA was tim .wnm' and holder of a certain l.ien .~ainst: l).v.t lh..rnd I'.O. Box .Marco Island. Flor.la The Lien was recorded .n 10a) v:)r; in Official Recm'd Book 22:1c. Page ()Ir, S, in the OFfice of the Clerk r)f the Circuit C.url of Collim' Cmmly. State of l:h)rida. The I.ien secures the l)rincip:H sttlll Of ']'w,)tlun,h'c,I and F,,r/y I:~vt. l)ollar.~ (8215.00). plus IlCCI'tIf~(] hltel'eSl and penahies, if any. nnd imposes certain o[)ligations againsl foal property situ;tted in Collier Cotlllty. Florid;. descrihod as fi~llows: I.OT I. I;I.OCI.: 1:~2, .M.\I{(70 BI.L.\Cll I'NIT I.'CH'R. A SUBI}IVISION :\C(~OI{I)ING '1'()Till.; I'l,,Vr 'l'IIl.:l'~l.:Ol:. I'd':('oId}ED IN I'I...VF I~()OK 6. PA(iES :J2-:17. OF 'Fill.; I'['III.IC I{.I.;CllIU)S ()l.' COI.I.I I.;R CO['NTY. Collie,' County. a Imlitical subdivision of the State of [:h)rida, herehy acknowledges receipt of payment in full satisfaction of the Lien ~,nd hereby cancels the IAen. The Clerk of the Circuil Court is hor(,hy dir(,clvd to record this Satisfaction of l.ien th(! Offi(:ial R(~¢:ords .f (7()lli(.r (,.untv Fl.rid:. to .cknowh.,d,,.,e that tlw Ifien ceases exist. IN WITNESS W[IERI':OF. tho Ihmrd .f County Commi.~sione,'s of Collier County. Fl.rid.. acting through its Chairman. directs execution and recordi,lR.flhis Satisfaction of Lien, I)v action of the Board Ibis< ~'P-.~lay of --.- 7~c~-~ 199!). ATTEST: DWIG f IT E. BROCK, Cl(,rk ' t,.;;i ; (;.., 2 ,' .... Heidi I:. Ashum Assi~lant County Attm'm,y Office of the Cotnlly Attorney .3301 East Tamia:ni Trail Naples. Florida 3,1112 (5,11) 77,1-8,100 Z~:r -' >~ ~V:~ ., f _. Property Foliu No. G2101520¢~0:1 ~I"..\C'I'I()N OF I,IEN KNOW Al.l, MEN BY TItI';SE I'I{I~]SENTS: That Ill(' P,O;\I{D ()F COUNTY CO.MMiSSIONI';IL'q O1" (_'OIAAEII COUNTY. }"IX)Rll)A was the-wrier ,mi holder ora cerlain l,Jen alZamsl: .Jo}HI ;\ 325 N ,'qt:lte Strc~'t (;Ir;ird. Ohm ,11120 Thc Lien was recorded m~ ol,'o:u:;7 in Oflqci:tl Record Book 22(;8, Pagu oIzG, in the Offi(:(~ of the Clerk of the Circuit Court of Collier County. State of Florida. The I.ien secures tho principal sum of J"m~r thm,h't.d ;md Seventy Iq~ght Dollars ($178.O0). plus ;lc(:rutM interesl and penalties, if.ny, and imposes certain obligations against real prolm]'ty situated in Collier County. Viol'ida. &'scribed as fi~llows: I.OT 3, BI.(.)CI'~ 13. N:\I'I,ES M:\NOP, ADI)ITION Collier County. a lmliticM subdMsiml of the State of Florida. heruhy :.:knowledges receipt of payment in full satisfaction of the l.ien and hereby cancels tile Lien. The Clerk of the Circuit Court is herel)y directed to record this Sati~£;Jction o£IAen in the Official Records o£ Collier County, I'%rida, to acknowledge that the l.ien ceases to exist. IN WITNESS \VI tEI{I5OI:, the B,m,'d of County Cmn missioner~ of ('.llier (Mu]ny. Florida. ;t(;ting throuuh its ('hairmnn. di.'ect~ oxecution nnd rpco]'ding of ibis Satisfimtion of l.ien, hy ncti,,n ,1' the B,,:u'd this. p ~d:,y of ~,~ 1!)~1~1. ATTEST: DWIGHT E. BROCI<. Clerk B():\Iii) 01: COUNTY CO.M.x, IISSIONI.]I~S COl.L1 ER COUNTY. FI.ORI I)A l;y:~ tteidi F. Assistant County Off]ce of the County :[~toriley 3301 East Tami;,mi Trail Naples. F]m'ida 3.1112 (9,t 1) 77,1-8.t00 S:V 'ISF.-XCTION OF !,II';N NNOW Al,l, .MEN BY 'I'ltESE PFtESENTS: Tha~ tile I~,O;\RD OF COUNTY COMMISSION[',;I',S OF COLI,II.;I), COUNTY. I:I,ORID;\ was the owner and holder of a cra'thin I.i.n ,g;~insl: The I,ien was recorded on o:~/oo:9:) in Official Record Book 2037. ['ngo o729. ill tim Office of the Clerk of lhe Circuit Court of Collier Coullly, State of I"l,rida. The Lien secures the principal sum of Two [lundred and Forty F~ve I),llars ($2-15.00>. plus nccrued interest and penah les, if a ny. a nd iml)oSt, s terra in ol)]i~ations against real prop(,rty sit tinted in Collier County. Florida. d(,scril)vd as fi,lh,ws: I,OT 13. 1,1,¢)¢,lx _JcL .XlAItCO I;E,\Clt t'NlT 8. ,\ S1 'I;I)IVISION. Collier County. a political suhdivisim~ of Ih, ,%tatv r,f l:h,'ida, h('r(.bv m:knowl(Mgo.~ receipt of lmyment in full satisf'act ion of tile Lien and hereby cam:ei.,4 the l,ien. The Clerk of tile Circuit Court is hereby direc'ted Ir) record this Sali.qfi)clion of I,ion in the Official Records of Collier County, Florida, t, acknowledge that the Lien ¢:eases to exist. IN WITNESS WIqEREOF. the Board of County Cmnmissioners of ('oilier County. Florida. acting through its C}mirman. dirvr:ls execution and recording of~his Satisfi~ction ,fi,ich. by action of the Board ~his. ~ .day of ~ff~. 1D99. ATTEST: DWIGHT E. BI{OCI(, Ck, rk Xttest as [0 Chairman's 130:\RI) OF COUNTY (,O,M,.XIISSIONI.;ItS COLI,IER COUNTY. FI,OI{II)A l;y: ~ __ [A,'iELA $. ZAC'EIE, C'HAIRNOMAN This instrument ! teidi F. OFfice o£ the ('ounty :\! torney :]301 East Tamiami Trail ,N'nples, I'qorid;~ 3.1112 (9,11) Property Folio N'o. G220352f)oo,g S..VI'ISI"ACTION ()I" IAI.;N I<NOW Al,I, NIl.;\ I;h' 'l'[lb:Slt; PRI.;SI.;NTS: q'}mt Ihe I/O:\RI) O1" COUNTY COY, I.\II$$IOXI.H{$ OF COI,LIIgR COUNTY, FI,ORID:\ w;,s the owner and holder ora certain I,ien ~ainst: The Lien was recorded on 0:1/27/D7 in Of'fici:d Record Book 22!~!.~. lh~ge 1008, in the of the Clerk of the Circuit Court of C~llier (:ounty, State of Florida. The IA~:n secures the princilml sum of One Thousan,l Six Itundred And Forty Dollars !$I.C,.10.00~, plus accrued int(:rest ~nrl l)en:~lties, if ;~ny. and imposes certain o])ligations against real properly situated in Collier County. Florida, described a.q follows: I.OT lC,. IIt.OCI.Z 5. N;\I'I.ES MANOR EXTI.;NSION Collier Counly. a politic;~l subdivision of thc, State of Florida, hereby acknowledges receipt <~fpaynmnt in full satisfi~ction of the l,ien and hereby c~,nc~,is The Clerk of thc, Circuit (,ou,'t ix hert.l~y dirt,tied to record this S;,tisfaction the Official Records of Collier County. Florida, to acknowledge th;it the l,i¢m exist. IN \VITNESS \VHERICO F. the Board of County Commissioner.~ Florida. acting through ils (2}mirm;~n. direcls i~xecutJon and recording of this 8atisGction of IAen. I)y action of the Board this g ~lay ATTEST: D\VIGHT E. BROCt<. Clerk $t~qsture onlj, t~()AI{I) OF COUNTY CO515IISSIONI,;IIS ('O I,[,[ ICI{ CO UN'FY, I"I,0 IU I):\ PAt.',f.:I.A S. :,:AC ' f I E, CHA l l~,'Ot4AN ]hfidi F. Assistant County :\t torney Office of the County Attorney 3301 East Tami, mi Tr:ul Naples, Florida 3.1112 (9,t 1) 77,t-8-100 Properly Folio ._S;\TIS FACTIgN OF I,.[EN KNOW AIA..MEN BY 'FIIESE I'RESENTS: That the IIO,\I{I) ()I" COUNTY COMMISSIONERS OF COI,IAER COUNTY. FIJ)RII)..\ was the ,v,'ner and holder of a ce,'tam Men a~:, mst: 505(;;u.dens Dr Apt 201 ['-mp:mn Beach. Fl,r~(t:~ ri'he Lien was reco,'ded on 0:t/27/.97 ill Official Itecord Book 2299, Page o~)~)& in the Office of the Clerk of the Circuit C.urt of O)llier County, State of I"h)rida. Tho l.ien st~(:tlros the principal ~um of T.,, }{un,h',:,l :md I'%rty l:tx'e l).lhirs (S215.00), l)lus accrued infervst and penalties, if:thy, and imp()st,s (','rlain (,I)ligati,ms against real in'.t]vrty situ;ile(I C.Ilier County. lVlorida, I.OT 3 I. BI.OCK 142..XI..\F,(~O I:l'::\(ql \'NIT I:(H 'R...\ SUBDIVISION. C.llier C,mnty, ;t p.lit i(:;,l suh¢livisimi of the State of l:]m'id;h here, l.,' m:kn.wledges receipt ~Dfpayment iii full satisfimtim~ of the l~ien and he,'eby cancel~ thc, Lic, n. The Clerk of the Circuit Cot, rt is hereby di,'ected to reco,'d this Satisfimtim~ ~,f IAen in the Official Records ,f C,llier County. l:lm'id:h to acknmvledge that tho l,ien ceases to exist. IN WIri'NESS \VI II';R[.:O V, the ll.;,rd .f C..u nt.v Ccmm~issi,mers of C.Ilier County, I:lo,'ida, acting through its Chairm;~n, directs execution and ;'eom'ding of this Satisfaction of IAen, Iiv ..... acti.n ofthe B(mrd this 9 ~:'Mav ,ff ---/...&. l.),lJ.', t :VFFEST: DWIGHT E. BROCi{, Clerk BO..\t{I) OF COUNTY COMMISSIONEI{S COLLIER COUNTY, FI.ORIDA I',M.:[.:I.A :. :.,',(:'FIE: C~Arf~,'OtqAN r,'.,L ''/1:, ..... t. '._.Vi._.,: " '- ': x This instrument pr(.pared Heidi F. :%~i~t~nt County Attorn(,y Or'ce c)f the CotlHly :~ttOl-l~ey 3301 East 'r;tnfiami Trail Naples. Flm'ida 3.1112 (9,11) 77,1-8,100 Property Folio .Xo. :l(;of):)2 I[)o¢iG S:VI'ISI":\CTION OF I,IEN NNOW :\I,L .MEN BY 'I'[IES['; t'IHSSEN'I'S: 'I'hal the BO:\I{I) OF COUNTY COY. I.'tlISSIONEI{S OF COI,I,IER COUNTY. FLORID:\ w,.~ the owm,.r and holder ora certain I,ien Thomas WaNh 2.'118 Pine N'aples. Florida .'ill 12 The Lien was recorded on 0{;,'22/98 ill Official Recm'd Book 21:12, Page 2~ 1.1. ill tile Office of the Clerk of the Ch'cult Court o£Collier County. State o£ Florida. The I,ien secures the ln'incipal sum of Two Ilundred and l"orb' I"wo l)ollars($2.15.O0~, plus accrued interesl and penalties, if any. and imposes certain oblig, tions against real prol~erty situated in Collier County, Florida. described as follows: I,OT 17. III,OCK I05. GOI,I)EN/;ATE lrNIT Collier County. a imli!ic:d subdivision ,fibs, Stato of Fh)rida. he,'t.I)v m:kn¢)wh~dges receipt ()fl)ayment in full s;iti.~facl ion of the l,ien and he.'el)y c:~ncc'is tile I,ien. The Clerk r)f th(. Circuit Cou,'t i.~ h(,r(,I)y dir(,ctod to rm:ord this .~at israel ion the Official Records of Collier County. Florida. to acknowledm~ that the l,ien cea.~es exist. IN WITNESS WHEIH';OF, the Board of County Commissioners of Collier Cra, nb', Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Libra. by nct im~ .f the Board this ?t?.__~- day of -.._.7~c.~ 1999, A'FI'EST: DWIGHT E. BROCI,i. Clerk Attest as to signature only. I10:\IH) OF' COUNTY COM.,XlISSIONI.;IIS COI.I,IER COUNTY, I:I,OIiIDA 7</&,,//55. __ P/&IELA S. .'<AC'KIE, GItAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County :\t tr)rncy Office of tho County Attorney 3~01 East Tamiami Trail Naples. Florida 3,1112 (9.11) 77,1-8,100 Property [:olio S:\TIS FACq_.'ION OF I,IEN [':N'OXA' ,.\[,I, .\II';.N' I;V TIIH.qI'; I'I{HSI';NTS: 'l'h:~t the BO:\[',I) el" COUNTY CO.'MY. II$SIONI'.;ILq OF COIAA Ell COI. JNT'V. FI,ORI D..\ w~s tht~ ~wnt:r ;md holder ora certnin Lien against: 21 ,,\rlingto~ Str,,,et The Lien was recorded on o112o,/81 ill OflScJal Record Book 9oo. P;~ge I81G, in the Office of the Clerk of the Circuit (~ourt of Collier Coullty. State of Florida. The I,ien secur~:s the principal sum of imposes certain ot)lig;,ti,,ns ;~g:~inst rc.;~l Prol)l,rty situated in Collier County, Fh,rida, described as N:\I'I,HS I':\tH( I'NIT c,. BI,¢)('I( .1~;. I,()T 25. Collier County, a political suhdivisicm of the State of Florida, herel)v acknowledges receipt oflmyment in full satisfaction of the l.ien and hereby cancel:q the Lien. The Clerk of the (2ircuit Court is hereby directed to record this S:~tisfaction of Lien in the Official Records of Collier County. Florida, to ncknowledg(: that th~: l,ien ceases to exist. IN WITXESS \VItI';IiHOF. t he Board of County Commission¢ws of C-lli(w County. Florida, acting through its Chairm,n. directs execution and rt~t:¢n'ding of this Satisfi~ction of ],it,ri. I)y action of tim go:~t.d this ?~day ()f~ ., 1999. ATTEST:' DWIGfiT E. BROCI(. Clerk slc~ature only. 130:\RD OF COUNTY COMMISSIONERS C. OI,I,II.;R COUNTY. I"[,ORI D:\ Thi.q il'~strumont l)~'(~l)t~l'e:r] Heitli I:. :\shton :\ssislant C(Jtmt.v ;\1 Office of the Count.v Atto~'~t~3- 3301 East Tami~mi Tt'~lil Naples, Florid:l 3.tl 12 (9.11) 774-8,100 *** 2434505 OR' 2512 PG: 3022 · .%:\TIS I"~ [,[N()W :\[,I~ ,MEN BY Tt IF;SE I'I{ESENTS: Th:,t tile gO:\lll) O1,' COUNTY CO*I.MISSIONEIIS OI: (~OI,I.IEI{ COUNTY, l:LOltID:\ holder c~f:~ cert;~in I,ien J'tltm Vl,lltlll'(.s Jilt. :}~5:/ 'J';~ m I;i m I Tl'J N .qt(~ I (1(;- I (17 · ~:,1,1~'.'% 1"1 ::111)8 The Lien wrls t'ec~rded ~,~ 0~1,'22,'!/,,~ in Offici~,l l?.ec,,rd Book 2.1:12, [>~gra 2:', 15, ill the of the Clerk of the Circuit Court of Collier Count.~', State of Florid~. The Lien the princilml sum of Two tltmdrt:,l And Forty Fi'ce D,,llars.('$2.1.",.O0.}, l~ltls accruerl inl~;rest l)en:~ltios, if;my, :md imposes cc:ri:tin obligations llg:~i~st :'e:~l l)r()l)erty .~ittmted in Collier Count.v, I:lorid:~. ¢les¢:,'it)ed :,s f~)llows: LOt 14. l;l,OCl,i 10~;. (;(ll,I)l.;X (;.VI'lC. l'NIt :{,. Collier County. ~, l,,~litic;,l sul,dix'i.~i,m o£tho Ht:~lt, ,~f l"lo,'irl:,. I~ol't,l>5' receipt of p;~.%'mo~t i:~ ft:ll s:~ti~f;~(:ti~m ,)ftht, I~i(~l ~md herol>.~' c;in~:ols the IN WITNI~;S$ WHEI{EO[:, the Ilo:ltd ,~f C~tmty Cr,mmissio~ers of Collier C~tmty. Flo~'id~, :~cting thrr,ugh its Clmirm:m. di~'e~:ts oxet:ution ~md roc~r~ting ,,fthis :\TTEST: DWIG[tT E. gl{OCl(. Clerk Ai. te:t az to Chalrmam.g $ tCn4ture onlff. This instrument prep:u'ed by: Heidi F. A.~hton :'xssistant County :Mtorney Office of t}m County :Xl tm'ney 3301 East Tamiami Trail Naples. Florida 3,1112 (9,11) 77.1 2434506 OR: 2512 ?G' 3023 *** Property Folio No. G220:~52000.,.J SATISFACTI()N O1" I,IEN KNOW AI,I,*IEN BY'IU{ESE I'RESENT$: Timt the BOARI) OF COUNTY COMMISSIONERS OI" COl,IAI'HI COUNTY, FLORII)A was tile turner and holder of a cart a in IAen, ~ainst: .M;mrice I" (',.dar l,;,..v. Flor,la The Lien was re,:m'ded on nn/l~,,'!js in Official Record Book 2.1:1o. l'Hge 1195. ill lilt! Office of the Clerk of the Circuit Cm.'~ ,f Collier County.. State of Fh,rid:,. The I.ien secu,'es the: ln'incilm{ sum of Tv.,, lhm,h.,.,l ,nd I",,rty ["tx'~. I),,llars ($2 15.O0,h plus re:trued interest penalties, if any. and imposes cert,in ohligatinns against real property silualed in Collier County. l"h,rida, described ~,s follows: IX)T 16. F,I.OCI,~ 5. NAI'I.ES .M..\NOI{. EXTI.:NSION Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfactim~ of the l,ien ami herehy cancei.q tile l,ien. The Clerk of tile Circuit Cot, rt in herehy directed lo ,'ecord this S:,t isfac!ion of l,ien in the Official Records of Collier County. Florid;,. to acknowledge that the l,ien cc;,ses to exist. IN WITNESS WHEI{EOF. tile Bo;,,'rl of Counlv. Commissioners of Collier County. Florida, acting th,'oug}, it~ Chairman. directs execution and re~ ,,f thin Satishction of Lien. l)v action ofthe Board this 9~dayof ~ 1999. ATTEST: DWIGHT E. BROCN. Ch,rk This instrument pr(,pm'ed by: Heidi F. Ash:on Assistant County ;\ttorney Office of the Coul:lty Attorney 3.301 East Tam!ami Trail N~,l)les, Florida 3.1112 (9,11) 77,1-8400 2434507 OR: 2512 PG' 3024 *** Property Folio No. :;~;:105.'~ 10007 S:\TISI::\CTI()N OF 1,I EN I,:NC)\V Al,l, ,MEN I;Y TI ll';SE I'III';SENTS: Thal ~h~, I;O..\I~I) ()I" COUNTY CO.MY, IISSIONEt~,S OF COI,LII';I?. COUNTY. I:I,OH. ID;% was Ihe owner and holder ofa cc. rtain Li~m agninst: The I,ien was recm'ded r,:~ 07:27,'9,~ in Official Record Book 2.11t. [~::ge 2120, in the Office of the Clerk of the Citer, it Court of Collier Counly, State of I"tm'ida. The l,im~ si;Cl, ll't,s the principal sum of Two llundred And Sixty [:ive l)oth, r~ ~$2G:5.00). I:lu.q accrued inierest and lmnahies, if:my, and imposes certain obligations agains! real l)rOl)erty sitt,aled in Collier County. Florida, described as follow.~: LOT 20. I;I,OCK 189. UNIT 3. (;OI.DEN GATE. Collie:' County. a imlit ical subdivision o£ t he St ato of Florida. horchy acknowledges receipt ofl)::yment in full satisfm:lion of the l,ien and hereby cancel.~ the IAvn. The Clerk nf :}lo Circ'uit Court is bra'.by (tirm:t~,d to record this Sat isf:mt im~ of I,im~ in the Official Records of Collier Gounty, l:hn'ida, to acknowled,,.:e that the l~ien ceases Io exist. IN WITNESS WIII~;IiEOI'', the Bo;u'd of County Co,nmissioners of Collier County, Florida, actin~ throm4h its Ch:firman, direct.~ execution and recording of this Satisfaction of I,ien. l)y action of the Board this ?/J-, day of ~...;~od;,~ 19!19. ATTEST: DWIGHT E. BROGIC Clerk s~ature c~iz. I;O..\RI) OF COUNTY CO.M,XlISSIONERS COI,I,II';I{ COUNTY, F'LORII)..\ 13~ ~rq^N This instrument prepared l)y: Heidi F. Ashton Assistant County Attorney Office of the Cotlnly At tm'ney 3301 East T, mi,mi Tr, il Naples. Florida 3.1112 (94 I) 77,1-8.t00 Property Folio No. 57750200006 SATISFACTION Ot.' I,IEN NXOW :\LL MEN BY 'I'[H.;SE I'Rf';SENTS: That tile BO:XltD OI" COUNTY COMMISSIONERS OI" COIA,IER COUNTY, FIr)RI I')A w.s tim mvnm' .nd home r of a ce1'1 a in l.ien. ~.inst: Soc,~rru ~;I fltll];l~l 2 t33 S ¢;OTh ('m,rt Cicero, II The Lien was recorded .n o7/27/:18 ill Official Record Book 2111. Page 2.1:m, in tile Off'ice of the Clerk of the Circuit Court of Collier C.untv, St:m., of l:h,,'ida. The l.ien s~curc, s the l)rincipnl Stihl of Two [tundrt, d And Forty l"~;'e l)oll, r,~ ($21:5.00f. plus accrued inle,'est and penalties, if any. and irnposos certain obligations against rem ln'operty .~ituatml Collier Coullty. Florida, described as TR.:\CT OF lAND I)I':SCI'dl;EI)AS I"OI.I.¢)WS, LOT I:OUI~. f.D, BI,OCK TWO Itl;NI)I{.I';I).NINI,;Ty. EIGIIT (289). OI: M:\I{CO BL'ACtt L'NIT I'.'I(;ltT (SL IN A SUBI)IVISION. Collier County. a politic:il sul)divisi¢)n of the Slate of Florida. hereby acknowle¢lgt,s receipt ofpaynlenl ill full satisfilctio,~ of the Lier~ and hereby c. nccl's tile lfion. The Clerk of the Circuit Ct, u,'t is heJ'ebv directed to record this Satisf;,c!ion of l.i(m in the Official Recorcl,~ of C.llim' Count;' i"lm'id:i. T~) .cknowledur, that the Lien ct ases to exist. IN WITNESS WHF;REOF. tilt, lh):,rd .f County Commissioners of Collier County, Florida. acting through its Chair,nan. directs ~xecutim'i and recm'di[~g of this Satmfactmn of Lien. by actmn of the Bo. rd this ~'~_day of'.-.. T-.-~-4..f_~ 1!19!1. ATTEST: DWIGttT E. BROCK. ('lerk s l~aturc onij. BO:\I~D OF COUNTY CO.MMISSIONERS CO I.I,I ER COUNTY. FI.O RII)A P/d/,I.5I,A s. :/,AC'K!E, CIIAIRWOMAN This instrument prep:u'ed by: Heidi ?. Ashton Assistant County At mrney Office of tho County Attorney 3301 East Tamiami Trail Naples, Florida 3,1 ] 12 (9,11) 77,1-8400 *** 2434503 OR: 2512 ?G: 3026 *** Property Folio .N'o. 577170 IOOOl SA___TI S F..._____X cyr__j O N O F I.I EN KNOW Al.l, MEN BY THESE PRESENTS: That tile I;OARD O1,' COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA w.s lhe owner and holder ofa ~m'tain Lien ag. in.~t: Niv:~r(lo .\Iartmvz & Elba .\I:.rtim.z ~92 Ch;m,:ell,.. Ave lrvington. N.J O7111 The Lien was recorded on 07/27/98 ill Official Record Book 2.1.1 I. Pnge 2,12.1. itl the Office of the Clerk of tho Circuit Court ~ffCollier County, State of Florida. 'I'll(.. Lien .,4ecures the principal sum of T,,-,, Hundred And Forty Fwe Dollars (S2.15.00). plus accrued interest and penalties, if any. and imp{)ses certain ohligations against real property situated in Collier County, Florid., de.~cribed as follows: LOT 13 IN BI.OC, K 29 I, Ol,' .\I.',.,~('O BEACIt UNiT I':I(;IIT t)l,' A SI'I'~I)IVISION. Collier County. a imlitical subdivision of the St.to of Florida. herelw ;.:kn.wledges receipt of payment ill full satisfaction of the Lien and hereby canceis the I.ic, n. The Clerk of the Circuit Court is hereby dire, clod to recm*d this Satisfaction of l,ien the Official Records of Collier County, Florida. to acknowledge that the l.ien ceases exist. IN \VITNESS WHEIII':OF. tile B.:u'd of County Commissim~ers .f C.llier ('ounly. Florida, ;~ctJng I hrou g]l it s Clmirm. n. dirt,el s execution a nd record lng of I his Satisfi~ction of Lien. I)v. action .f the B..rd this~ ~dav..F -- -~)J~ 1999. ATTEST: DWIGHT E. BROCK. Clerk s ~.~tura oniff. BOAI.~D OF COUNTY COM,MISSIONI.;RS COI.I.II,;R COUNTY, I:LORIDA By: ' ' ..c PAMEI,A ,%. MAC'KIE, CIIAIRWOMAN This instru,nent prepared by: Heidi F. Ashton Assistant County Attm'ney Office of the County Attorney 3301 East Tamiami Trail Naples. Floridn 3,tl 12 (9.11) 77,1-8,t 00 Property S:VI'ISI"AC'I_____~ION OF I,IEN KNOW ALL MEN P,Y THESE PRLiSENTS: Thnt the P, OARI) OF COUNTY CO.'xI.MISSIOXERS OF COI,I,IICR COUNTY. FI,ORID;\ wns tile owner and holder ora certain Lien a~ninst: Flor Al/; (;rand ;\vt,. NOlffl'll P,I'ili(iEN, XJ 0 10.17 The Lien was reco,'ded on oS/almS irt Official ]{ecm'd Book 24:5.5. l'nge :12:12. ill tilt; Oil]ce of the Clerk of the Circuit Court of Collier County, State of Florida. The I,ien secures the principal sum of Eight ttundred :\nd FH'Lv I)ollnr.q/S850,00), plus nccrued interest and l)enalties, if any, and imposes certain ¢)l)]igntions ngainst renl p,'<)l)C','ty sit unted in Collier County. Florida. described :ts fi)llows: LOT 156. WII.I.Ot'f;ItB',' ;\(:liES. Collier County. a llolitical subdivisicm of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cnnceis the l,ien. The Clerk of the Circuit Court is hereby directed to record this Sat isfitct ion of Lien in the Official Recto'ds of Collier County, Florida, to acknowledge that the I,ien ceases to exist. IN '0,'ITNESS WIH';RISOF. lhe P,~mrd of County Commissioners of Collier Crmnty. Florida. actin,~ lhl'o[l~}l its C}lairnl;in, directs execution anti recording of this SntisDmtion {~f Lien. I)v action of tile 13{mrd this c/4~ day ATTEST: DWIGHT E. BROCK, Clerk kttest as to Chairman's signature only. BOARD OF COUNTY COA'IMISSIONEIIS COI,LIER COUNTY, FI,ORII):\ By: ~~r PA dAN !:% :.:". ,' -. This instrument prep;iffy, 4 by: Heidi F. Ashton Assistant County Attorney Offico of the County Attorney ,3301 East Ta mia mi Trail Naple.~. Florida .3,1112 (9,11) 774-8,t0f) Prolmrty Folio S:\TISI.':\CTION OF IAI'iN I(NOW Al.l..MEN BY TIIESI'; Plll,;SENTS: T}mt tilt; BO:\RI) O1,' COUNTY COM.MISSIONt';RS OF COI.LIER COUNTY, I:I.O1{II):\ was tilt; r~wnvr and holder ora certain Lic, n against: l,:lr~ I';= & :\nn :\ I,ar.~.~on lf)f)l Murrphy Dr · Jr~het. II, 601:152837 The I.ien was recorded on ,~/o llt~,~, in OFficial l{ecm'd Book 2.1:,,~. Page I I:lf), ill tim Office of the Clerk of the Circuit Court of C.Ilier County, State .f l"Im'ida. The l,ien securl.~s the principal sum of l"our Itundr0:d I).llar¢ (,.q I(IO.O(U, plus accrued intm'es! and l)enalties, it' any, and imposes certain o})ligation,~ against real property situated in Collier County, Florida, described as follmvs: I,OTS 20 BI,OCtl 250 UNIT 7 [':\RT- (;f)I,I)I'iN (;ATE. Collier County. a political sul)divisiml o['lhe State of Flm'ida, hereby acknowledges receipt ofl)ayment in full satisf;.:ti.n .f the I.ien and }mreby cancels lhe l.ien. Tile Clerk of the Circuit Court iv hcrehy directed to recm'd this Sati.~fitctitm o£ l.ien in the Official Records o£ C.llier C.unty, Flm'ida, t. acknowledge that the l.ien cease, s l t, exist. IN WITNESS WHEREOF, tilt; Board t)f Cmmty Cmnmissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfimtion of l,ien, by actimu of the Board this ~ day of~, 1999. ATTEST: DWIGHT E. t,kO ,Ix. Clerk I',OARI) O1.' COUNTY COMMISSIONI,;RS COI,I,II';R COUNTY. FI,ORII)A BY:~MAU This instrument prep:t red by: Heidi F. Ashton Assistant County Altm'ney Office of tho County Attm'noy 3301 East Tamiami Trail Naples. Florida 3,t 112 (9.11 ) 77,t-8.100 [)roperty ["olio SATIS 1::\¢71'I0~ OF I,[ EN KNOW ALI, .MEN BY 'I'II[':SI'; [)RESENTS: Th,t the I~O:\RD COUNTY C().M.MISSI(~NI':I{S OI: ('¢)I,I,IEI{ (;()I~NTY. FI,(}I~II),.\ w,s th. mvn)u' and holder ora certain I,i(:n l~aymond (~umlan & I)~4).rah .12$ ,'*'; (~ountry ltd East l'atchoque, 11772 The ],ien was r(~c(,r(Icd ,,n ,:)/c)l/!)x in O£fi(:i;~l Il. ce.r([ B()ok 2 ;;,n. [);ig(~ 1~2.. in t lin of the Clerk ()f the Circuit Court of C.lli(..r ('ounly. State of lqm'ida. 'l'h(~ Lien secures the i)rincilml sum of 'l'w. Iiutphq.d ..~zl,l ["orty t"lve l).ll.rs 152 lS.{)m, plus ;ICCI'tltV[ inlt,rest and penalties, if any. nnd imposes cvrtain ohli~:~t ions against r~,nl t)ropm'ty sit tinted in Collier County. Fl.rida. described as LOT 13. I~I.OCK 21:). ()F .M/,,ItC() I;I':A{;II I'NIT N(). SI,;\'I.:N, A StTBI)IVI,qlON. Collier County. a political subdivision of tile St:,te of Florida. bott, by acknowh.lgex receipt oflmyment in full s:xtisfaction of the I,ien and herel)y cancels tilt? The Clerk of the Circuit Court is horc, I)y directed to record this S;nisfi.:tion ()f'l.icn in the Official Records of Collier County. Fhn'id:~. to acknowled~(, t lint thc IA(,n exist. IN WITNESS \VI II':ItEOI". the l~..ard .f County Commissioners of C.[licr County, Florida. acting through its ('h:tirm:~n, directs execution and recording of ibis Satisfaction of Lien. I)3' action of the Board this ~ day ¢)f ~ ~" . 1,1.).1. ATTEST: DWIGHT E. BROCI'(. ('h,rk si~a~ure ~lj,, 2434513 OR: 2512 PG: 3030 C:;:~ ~ ~: :: ':~'~':3": ~:::~, 2?: :,:::'::::f ~:: ;: .: Propcrl)' l:~)lio N(). 621J960(~0001 SA'I ISFACI'I(JN ()11 I.ll!N KNO\V ..\l.I..MEN 1½Y 'I1 ll:.S I'P,I.:SI:N l'S: 'I hat iht I~{.),\P,I)()1-' ('(.)I IN'I Y CO.X[MI,SSIOIiP, S (.ii: (_'{)l.I.]I:l~ C(}{ .!N'I"Q FI.(}I{.IDA ,,va.,;, ti'lc o'.,%11,.'r al]d h()ldcr (')l'a ccrl;iH] I.icll ~,gainst: Khmdic .Ioxc ,.\ 4~ Myron (/Iii'mn. NY '1 he l.icn ~as recorded on October 02. 1()gg in {)l'licial Record l~,ouk 2466. p:L',.Jc 3U()4. in thc ( il'lice of thc Clerk ol'lhc Circuit Court (d'('()llicr ('OUlll). Slate o1' Floridu. Thc l.icn secures thc princip:fl sum ol"lMo [lundrcd Fort) Five l)ollars ($245.00). plus accrued inlcrcst and pcnahics, il'uny. imp<)scs certain obli.~:tti(m~, against rcul lm,pcrb' silu;.ltcd in ('~)llicr ('~,unt.'.. I h,'i&, described I.OT II. IH.O('K ,~. N.,\t'I.ILS ,XI.,\N()I~. AI)I)I'I ION. Collier ('ount.v. a i'x litical ..,uN. tivision of thc Smtc of I:lorida. hcrcl~y acklmx~ Icd~cs receipt of paylncnl in full ~,atisl'acti,m ol'thc l.icn and hcrcl~y cancels lhe l.icn. 'I hc Clerk ~)l'II~c ('ircuit ('mu-t is hcrch} dilcctcd h, record thi~, Smi~;l~,ctiun ~d' I.icn in Iht ()flicial P, ccords of Collier £'ouruy. l"h~rida, to ;tcknov~ Icd~c lhaI thc l,icn cca:,cs to cxixt. IN \VI'I'NI':SS \VI II:RI:OF. thc Board of ('mmty ('ommissi~mcrs of Collier County. I"h~rida. acting throu,gh its Chairman. directs execution and~ccording ol'this Satisl~tction o1' I.icn. by action of thc Board this P~ dayof ~& .1999. ATTliST: I)\VI(H tT I:. I~I~OCK. (..'lcrk B(),,\RI) ()F ('{)I :NTY ('().X1,MISSI()NIH.LS. {'{)I.J,lJiPx ('{}['N'I'Y. FI {}l>xIl};\ Attest as to Chsirm~la'$ PA:,IEI.A .q. :.:AC ' KI E, (,;'HAl RWOt4AN This instrument ln'ep:n'ed by: Heidi F. Ashton Assistant County Attorney Offico of the County Attorney 3301 East Tami;tmi Trail Naplos, Florida 3.1112 (941) 77.t-8400 Property Folio No. :~;l:~O.l toool 'ri S l:,.'~ C:TI o_~'. oj~j,3 r:; ~ K.x,'OV,' :\I,I, .MEN I;Y TItESE I'RESENTS: That tho tlO.\l{l) ()I" COUNTY CO.M.XlISSIONERS OF C()I.I,II';Ii COUNTY. I"I,()RII);\ was the owner and holder of a certain Lien against: Sunbrella IDnnes Inc. 9085 Winterv~ew l)r. Naples. Fl, 31109 The Lien was rt,corded on 10i02/.9.'~ in Officinl Re, cord Book 2 u;c;. Pat. l{' :100s, in of the Clerk of the Circuit Court of Collier County, State of l"lorid:t. The I~ien the principal sum of Two liundred And l:m'ty l"ive Dollars (82.15.00L plus accrued interest and penalties, if any. and imposes certain ol~ligations against real property situated Collier County, Florida. described as follows: LOTS .3. I:ILOCK 158 OF ITNI'I' .1. I'AWI' 1, t;OIJ)EN GATE. Collier County. a political subdivision of tile State of Florida. hm'elLv acknowledges receipt of payment in full satisfaction of the l,ien and he, felLy cancvls the l,ien. The Clerk of't}w Circtm Court is her¢,lW dir¢,cted to record this .%ntlsfimtion of I,ic, n the Official Records of Collier (~ounty, l:lorida, to acknowledge th,t the l,ien ceases exist. IN \\TFNf'.;SS \VII I';RISOF, tile Board of C,unty Commissioners of Collier County, Florida, actinR through its Chnirman. directs execution and recordin~ of this Satisfaction of l,ien, by acti(m of the Bo:n'd this ~'~day of ~- ., 1999. ATTEST: D\VIGttT E. BROCI(. Clerk Attest as to Chairman'S sicnature onlj, BOARD O[: COUNTY ('OMMISSIONEI{S COI,I,II.;R COL.'NTY, FI,ORII):\ PA,"I, ELA S. blAC'KIE, This instrument prqmred by: Heidi F. Ashton O~ce of the Co u llty :M tm'noy 3301 East Tamiami Trail Naples. Florida 3.11 12 (g.t 1) Property Fo]lo .N'o. t;20~fl; 120[dfl~ S :._2'l;j ,_Sj:_A_( :_'.I2!_Q,_N_Q ['_J_' ! ,.J J_'; ~ KNOW Al,I, .MEN P,',' 'I't IESI'; I'I',I';SI';NTS: That Ih, I;():\RI) ¢)l" COUNTY COM.MIS$IONERS OF (~¢)I,I,It';R C'OI~N'I'Y. FIJ)t{II)..\ was lhe .wm,r and }mhler o£a certain l,ien a~ainst: b[londn: Ara~,,n & 18 Myron Street Cl,ru,n. N.I ~1701.1 The l,ien wa.~ rocm'ded on 10/02/98 ill O£ficial Jim:re'fl Book 2 I~;t;, of the Clerk of the Circuit Cotll'l ¢)f Collier (Munty. State r4' Fhn'ida. The l,ien secures the I;rincil);ll sum of Two}lundred and Fortylqv{,l)ollar~'$2ff~.00}. pltl.q accrued interest and l)enahies, if any. and imposes certain ohliuatim~s against real C~dlier Courtly. Fl,ri'ida. described as follmvs: I,OT 12. BI,OCI,~ 8. NAI'I,ES M;\N()R AI)I)II'ION. Collier County. a political subdivision of the State of Florida, herel)y re:knowledges receipt of payment in full satisfimtion r)f the I,ien and hereby cam:els lhe l,ien. The Clerk of the Circuit ('mu't is herel~y dimctr.d lo recto'fL this Sa tisfact ion .£ l,ien in the ()f'fici:~l lit, cra'ds of ('ollim' (?l}tltlty. I:lm'id:t. to m:knmvled~e Ih;it the l,ien ceases to exist. IN WI'I'NESS \Vt [I';tH';OI". the Brmrd .f (Jounly £'mnmissioners of Collier County. Florida. noting l]n'ough ils Chairman. direcls exm:ution and r{,cm'ding of this Satisfaction of l,ien, l)y actimi of the Board Ihis~:~ day of ~ 1.).1.). ATTEST: DWIG}tT E. BI{OC]{. Cle,'k Attest as to CMtr~an's slgaature 0nll. This il~strum(.,l~t ;Xssist;~t :1301 l~;lst 'I':~ m i:~ mi 'I'~':~ il N:~l}les, Flr)~'id:~ 3,11 12 (~),t 1 ) 77-1-8.t00 *** 2434516 OR: 25i2 PG: 3033 *** S..\'{' I ,'-3 l":\ t' :T l O .N (-)I: I,[N¢3\%' :\I,I, .\If,iN I;h' Tlll.;SI,; I'I~.ISSI.;N'['S: 'l'h:,i th{; 11():\1~.1) O1.' COUNTY CO.XI.XI[SSIOXfCI~S OF COI,I,I l.;I~. COUN'I'5', l:I,OI{II):\ w;~.s ih(., ~w~r:~. ;, nd holdel' of;~ ¢ort;ti~ Lien ;l~i~ast: Tho l,ion w;t.s t'~:c~'~l~:rl ~,~a lO/f~2/~J8 ill Ofl'i~:i:~l of tho Clerk of tho Circt~it C~urt ~f (~llit~r tho pt'in(:il)~l sum of Two }lui~dre. d :~)~1 l:~rty I:~ve l)()lI;~rs ~82.15.001. l)lt~s :l(:cl'tled i~t(~'(~sI ~(I Cr~llior Cougars'. P'lorid;~. ~lo~c~'il){~rl ~s Foll~,ws: l,OT I I. I',l,(.~(iI,~ ~. N..\l'l,I.;.'q .x,I;\N{>l-I Collier CrJulIt.x', l! l>~)litic:tl st~bdix'isi*~r~ recoiler ~f l}:t.','met~t ida frill The Clerk ()f tl~e Cie'cubit C()urt is he~'el)5' di~'(~(.'led I~) rec,)rd this S:~tisfi~ct i()n ()f I,i(~ i~ the Offici;tl Ilo{:ords '(' '" , exist. I)WIG I t'1' E. gI~.O CI,2, Cle~'k Attest ~; to C~irman's ll(.):\l',I.) O1.' COLJNTh' (;O.XlMISSIONI,;I~.S COl,l,ll,2I~ COUN'I'h'. I"I,O1~II):\ l't',.,~,~[- I.t% .'4. I-I,%C; ' K I }';, GIIA I I~%'/()MAN . '(t t ~ ....... This instrument In'epa red Heidi F. Ashton O~ce of the County :Xttr~l'llpy 3:101 East Tamiami Trail Naples. Flm'ida 3.1] 12 (9.11 ) 77,1-8.10~ 2434517 0,q: 2512 PG' 3034 *** ..,..: ....... ~7~ :" .:':: S..VI'ISI:..\¢'TI()N' OF I,II']N I,~NO\V COUNTY CO.\I.\IISSIONI.;IiS Ol" COIAAI'llt COUNTY, I"IJ)I'tlDA was thc, owing,' ami holder o£a certain I~ien IS Myron (~llfi,,n. N.J O7OII oflhe Clerk .f the Cirtruil Court ,)f ('olli,r (Munty, Stair. ()f Florida. ']'h(~ I,i(,n st,Ctll'l~s the princitml sum of Two [{un,h'ed and Forty l"~ve I),,llar~ (82-15.00). plus re:trued inlerpsl and pena]ties, if:tn3', and imlmSes certain ()bliMalions against real prol,,q'ty situated in Collier Courtly. Flm'ida. descri}md as frdh,ws: I,OT lo. P,I,{}{'I,[ ~. Collie,' County..', lmlitwal sulMivision of'th,, .<,late ,,f l:l,,rid;,, her~,hy a¢:kn¢~wh.dg,.s receipt Oflmyment in full satisfaction of the l,ien aml hereby cancels the I,ien. the Official Records of Collier County, Flm'ida. t~, m:knowledk:e that the I,ien ceases exist. 1N WI'I'NI,;SS \VI II';I{1'.7) F, the Board of County. Comnns.~mners' ' ~' of Collier County,' Florida, actin~ thi'ou~h its Chairman. din,els execution and recordiu~ oflhis Satisfitction of Lien, I,v. actim~ ,,f t he Board t his~dnv, of ~.(~_ _ _. I.L).).'" ;VI'TI:;S'I': I)WIGI IT I'1. I;I~.OCI,L Clprk Attest as to Chairman's l;():\ltl) OF (/Or. TNT\' CO.\[.\II.C, SIONI,:[,~S C.¢)[,I,I I.;I{ COUNTY. By: PANEI.A S. NAC'KIE, CIIAIRWOMAN This instrument prop;,red by: Heidi F. :\sht(m :\ssistant COtlllly Office of the C~tllll5' :~I tt)l'llo5' a ao 1 [.i;~st Tam ia m i Trail Nnples. Florid;~ 31112 {9,t 1) 77-t-8-100 Property Folio ,q.-\TIS ["..\CTIi)N OF l,lI';N l(.x.'OW :\I,I, .\II';N [IY TttI';$I'; I'I{I:;8I';NTS: That tile BO:\Iii) OF COUNTY CO.Xl.XlISSIONIt;IIS OF COi,l,[l';II COUN ?h, FI,ORID:\ wns the owner nnd holder ofn certain l,ien ngninst: The Lien wns recorded on 12/o.I/9S ill Offici:~l I'~ocord Book "Is';. ['age 3.lO,S, in the OffSco of the Clerk of tile Circuit (2ourt of Collier (;ounty, ,State of [:loridn. The IAen sect, res the principal sum of Two IIttndred ,\nd Foryt Five l)ollnrs ($2.15.00/. plus accruc, d illlorost ~111¢1 pennlties, i£any, nnd impose.* certnin obligntions ngninst renl pl'Ol,~¢,rly situated in Collier County, Florida, described, ns follows: I,OT I 1,I, )Clx _t.} oi.' .Xl..\l'~(70 IM';:\(;lt 17NI'l' SI.;VI.;X ,\ St~BI)IVISION. Collier County, a political subdivision of the State of Floridn, he, toby ncknowledges receipt of payment in full snt isfact ion o f t ho IAen n nd hereby cn ncels t he l,ion. The Clerk of tile Circuil Court is hereby directed to record this Satisfnction ell,ich in the Official t{ecords of Collier County, Florida, to ackn~wledge thnt the l,ien ceases Io exist. IN WITNESS \VHEREOF, the Brmrd of County Commissioners of Collier County, Florida, acting through its Chnirman, directs execution nnd recording of this Satisfaction of Lien, 1)5' action of the Board th:s W.~lnv of~~ . 10.LL AT'I ES t: DWIGHT E. BROCI,:, Clerk lttest as to Ch~Jr~4n'~ This in.~trumcnt prep:trod l icidi 1:. Ashton Ass[slant County Attorney OJ*t]ce of Iht Cotlllty :Mlorl;cv 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-840g Property I:tflio :q,,\'[ IgFA("I I( )N ()1: l.lliN' KNOW Al.I..XlliN BY '11 I1!.% I'I,[I.2.'-;I(N'I S: '1 hat thc ll()..\Rt)¢~1: ('()I;N'I'Y C'O.MMISSIOI!RS (.}I: (.'{}I.l.lliR COl 7N'I'Y. FI.(}RII},,\ was thc m~ncr and htfldcr o1';, cc,'min I.icn against: 'l'hc l.icn was recto'dod {m March 26. l~,'t)l in ()ttlcial Record Ikn~k I fli}l, pltgc 2305. in thc {)l'licc of thc Clerk of thc Circuit Cm~rt {~I' ('oilier ('mlnty. State of l:lorida. Thc l.icn secures thc principal sum of Four I hmdrcd Forty l)ollars ( $440.0gL plus accrued interest and pcnahics, il' any. illld imposes certain obligations against real property situated in Collier ('otlnty. Fh~rlda. described as lbIlows: 1.()'1' 4. tU.()('K 10. N..\l'l.l'].'-; .NI..XN()R .,\ l )l )l'l l ( ~N. (_'oilier County. a political subdivision ol'lilc ,%lute o1' Florida. hcrcbx pz~)'mcnt in ft, II satisfaction of Iht l.icn and hereto) cancels thc l.icn. Thc Clerk of'iht Circuil Court is hereby dircclcd to record this .'qati.q'uclion ,~t' l.icn in thc ()fl]civl Records of (.'oilier (._'tllllll)'. t-'lorida, to acknowlcd.ge that the I.icn cc:tscs to exist. IN \Vlll'.X,'l:..q,.% \Vi IF. RI:.OF. thc Ik:ard ol'('otlgt.', ('ommissi:mcr.s ::l'('::llicr ('l:tlllI). l. lorida, acting lhrouul'~ ils Chairman. dirccls cxcctlliog ;uld rccordin,., of this .gatisl'acli,m rd' I.icn. I'w action of Iht Board Ibis ? ~ day t,l .~~ .......................... 19'/9. Al'TI!ST: DWI(il IT I!. BR(.)CK. Clerk I',()..\l~,l) ()1: ('()t 'N'IY ('().".I~IlS,%I()NI']R.'q. ('()l.l.lliR ('()I :NI'Y, {:I,()RII),,\ Attest as to signature Il>: t'ANF, iA f;. NAC'KII.i, CIIAIB'WOMAN This instrumcm prepared b}: I leidi F. Ashton Assista)l! Coullty Altorllcy Office of thc County Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 l)ropcny Folio N(>. 606051)(}2900 .":,ATISFA("I'I¢}N O1" I.II!N KNOV',' :\l.l..".lEX BY '[ Ilk.q, I'RliSI~N'I S: That thc B(),,\RI) OF COtJNTY COMMISSI(')ER% ¢31: COI.I.II'3( C¢)L'N'I Y. I"I.()IUI):\ was tile ox~ncr and holder of a certain l.icn against: I)(,ris 4051 Ice Castle Way Naples. I'1 33962 The I.ien was recorded on April 08. 1996 in Official Record Book 2167. page 1700. in tl~c ()l'ficc of the Clerk of thc Circuit Court of Collier County. State of Florida. '1 he I.ich secures thc principal sum of Three l lundred Ninty Eight Dollars 15398.00/. plus accrued interest md pcnahics, if any. and imposes certain obligations against real property situated in Collier County. Florida. described as tblloxvs: I.OT 35. BI.OCK B. MOON I..,\Kt!. UNIT ONE. Col licr County. a political subdivision of thc State of Florida. hereby acknowledges receipt of payment in full satisfaction of tt~c l.icn and hereby cancels thc Thc Clerk (>l'thc ('ircuit ('otlr! is hereby directed to record this Satisfaction of I.icn in thc ()l'ficial Records of Collier County. l"lorida, to acknox~ ledge tlmt thc Lien ceases lo exist. IN \\'ITNI'~SS WIII{RIiOF. thc Board of County Commissioners of Collier Covnty. Fk)rida, acting through its Chairman. directs cxccutitm and recording of this Satisfaction of l,ien, bb' action of thc Board this C/,h-$7~ dt, y of ..-.:~_z,f~ . 1999. A'I'TI-~ST: DWIGI IT E. P, ROCK. Clerk II(),,\RI) ()F ('r)I~;N'I'Y C()MX.IISSI()NI'H~..";. C'()[.I.IILI~, C()UNTY. I:I.(}RII)A Attest zs to Chafrm,~n's s~ature onlff. By: __ . _ I",\;Z:ELA S. ;4AC'KIE, CttAIRWOMAN This instrument prepared by: l leidi F. Ashton Assistant COUIIIy t\ttorncy Office of thc County Attorney 3301 East Tamianfi Trail Naples. Florida 34112 (941 ) 774-8400 l'ropcrty l"olio No. :) )0,,_0(/004 SATI.";[:ACTION OF KNO\V Al.l. ,MF.N BY TI lES PRliSI-~N'I'S: That tile BOARI) OF COUNTY COMMISSIOILRSOFC¢)I.I.II(I~, 't I* "'' (.) ;N l 5, FI.ORII)A was tile owner and holder ofv certain [.ich against: [:ulvio Ava Salvador Ay Filandia. Rcs Montana 21 -A Aha Florida Caracas Venezuela The Lien was recorded on September 16. t996 in ()fficial Record Book 2228. page 2104. in thc Office of the Clerk of tile Circuit Court of C'ollicr County. State of Florida. '['hc I.icn secures tile principal sum ofTv.'o l lundrcd Forty Five l)ollars 15245.00). plt, s accrued interest and penalties, il' any. and imposes certain obligations i,gainst real property situated in Collier Counly. Florida. described as follows: LOT 3.. BI.()CK 786. ()F A t'OR'I l()N OF MAI(C() BI£ACII UNI'I ..... [ V, I:N' .... 1 '~ -1'1\/I:.' Collier County. a political subdivision of the State of Florida. hereby acknowledges receipt payment in full satisfaction el'thc I.icn and hereby cancels tile l.icn. Thc Clerk of thc Circuit Court is hereby directed to record this Satisfaction of l.icn in thc ()flicial Records of Collier County. Florida. to acknou, ledge that tile l.icn ceases to exist. IN V',TI'NI~SS \VI II';I(Ii()F. thc Board of('t,unty ('ommissioncrs of Collier County. Florida. acting through its (~miFman. directs execution and rcct,rding of this Satislhction of l.icn, by action of thc Board thisY~ day ol'.~~ . 1999. A'ITEST: DWIGI fl' Ii. BI*,OCK. (.'lcrk I?,O.,\P,I) OF COUNTY COMMISSIONI~RS. ('()l.l.ll-]( COtJNTY. FI.ORII)A B}: PA?.RI.A .c;. ?4:\C'KIE, CIIAI RWONAN This i~strum~:m prcp~,rcd by: l l~:idi F..,\shto~t Assistant County Attorney Of lice of ~he Cou~t~' A~t~'~rne~' 3301 l~ast 'l'~miami 'l'r;~il Naples. [:l(}ricl~t 34112 (941 ) 774-8400 2434522 ©,q: 25i2 ?G: 3039 ×** l~mpcrty t:olit~ N{~. 5693 S.,\'l I.$1:A("I I~)N (~t: I.II'~N KNOW Al.l..XlIiN IIY Tt 11!."; I'l~.liSl'~×'l .'f: 'I h;~t thc 1/().,\1~,1) ()1: ('()[JN'I Y COM Ml.S.SIOl~[~,.$ r)F C'()I.I.I1-~I,[ ('()t;,N'1%'. I:1.()I*,11)A xx:~s thc ~x~'~cr ~md h~ldcr ~I'~ ccr~;~i~ I.ict~ agai~st: lx't~r K;~cc~l'~crg 4203 lie;ich 42'~ St. l~,rook lyre, NY I I __4~ Thc [.ic,~ ,,'~ts rcc~rdcd ,~:~ ()ct{)bcr 1/2. l~)%}X i:~ ¢ )fliciiil l~,cc{~rtl llt)c:k 2466. pi:ge 2~JSX. il~ Ibc { )I'15cc of thc Clerk t~l' thc Circuit ('~urt ~l' ¢%~llicr (;~,tmty..St~tc ~I' I:l~rida. '['hc [.ic,~ scctlrcs Ibc l,ril~cip;~l sum t~I"l'wt~ f ltmdrcd F~rty-Fixc l)t~ll;.trs {$245.0OI. plus r~ccr~.lcd imcrcst rind peal;titles, il'~my. ~md impr~scs ccrt:~i~ t;bli~ati(ms ~'.4-':~i~l.',t real prt~pcrt.x sim:~tcd i~ £'~llicr ('t~,tllll>'. I:l~rid~. dc.scribed ;~s follows: [.OT 2. I~I.()CK 115. ,Xl.,\R('tl Illi:\(.'ll C'ollicr C'~)tl~]t.v. ;~ p(~litici~l st~hdix'isi~l] ~t' thc Stz~tc (~I' I"l~rid~t. hcrchy rtckl~ lcdL2cS rcccil*t pa2.'mc~t i~l l'ull s:ltisl':~cti(m ()l'thc l.i~.'~ :md hereby c~mccls thc l.icn. THc Clerk ~I' thc (.'irct~i! C~urt is hcrcl~x' directed to rock,rd this .";;~lisl2~ctitm {~1' l.ic~ i~ Ibc ()l'tici:~l l",cet>rds ~I'('~llier ('t~tlllly. l'l~rid~, t~ uckm~x~leduc theft thc [.i¢~ ccrtscs It~ cxisl. IN \VI'I'NI~.%S \\'I II{IL[!()l:. ~hc 1½{~;trd ol'C{~u;~ty ('(~mmissi{mcrs ofC'ollicr C'{~unly. l:lorideJ. ~icti~g ~hrough its ('hztirm~m. directs cxccutirm ~md rcc{~rdi~g ~1' tl~is Satisl~cti~m ~1' l.ic~, b5' ;~cti~m t~l' thc [loard this ¢~ dz~y t)l' ~~ . 1999. A'i~i'ES-i': DWI(il IT ti. ItI{O('K. ('lcrk l l( ),,\ [*,l) ¢)I: C()tJNTY ('O.NIMISSI(INI:.It, S. ('()l.l.ll';l~, £'¢)I/NTY. I:I.()I~,II)A Attest as s 19,'~*- tur~ 0n!j. It.v: I)A~'!EI,A S. r4AC'KIE, CIIAII~'OMAN This inslrumcnt prepared by: t t¢idi F. Ashtnn Assistant Count)Attorney Ot]~Ce of the Co,lilly AIIoH~C)' 3301 East Tamiami 'hail Naples. Florida 34112 (941 ) 774-8400 *** 2434523 OR: 2512 ?G: 3040 *** .::.Z;:.;: ;t ;L;:77'~ :!7::~ :: "';.':~; ??'.,~'T'.,, "-:: .;!".: 17' .:i; '2-' Property l-'otio No. 35985640000 SA'IISI:AC'lION ()F I,IF.N KN()V,,' Al.l..MEN BY 'i l lbS I'I(IiSI~N'I S: '1 }iai thc B(L, XP, I) ()F C()I/N'I'Y COMMISS[OI(P,S OF C()I,I.II!R ('f)IJN'l Y. I'I.ORli)A v, as thc m~ncr :md h.ldcr ol'a certain I,icn against: Frank Kirhy 'l hcrcs,: Kirby 670 13"' St. NW Naples, FI 34120028 Thc l.ien ,.vas recorded on ()trebor 02. 1998 in ()lticial Record Book 2466. page 2974. in thc ()fi]cc of the ('fork of thc ('ircuit (Murt ,ffCollicr ('ounty. State of l:lorida. Thc l.icn secures thc principal sum of'l'xu} I hmdrcd l:or~3-1:ivc l)ullars ($245.0fU. plus accrued in,crest and pcnahics, if any, and imposes curtain ohligalions against real propcrl~ situated in Collier County, Florida. described as fi~ltows: I,OT23. ilI,¢)CK 85. (;¢)I,I)I';N (;.,VII';. tJNITNO. 3, Collier County. a political .sulxlivision of tl~c Ntate of Florida. hcrchy acknm~lcdgcs receipt oF payment in Full satisfaction et'thc l.icn and hcrch.x cancels thc l,icn. Thc Clerk cd'thc Circuit Court is hereby dircclcd lo record this Salisfaction of l,icn in thc ()flicial P, ecords el'Collier County. l"lorida, to acknov.'lcdgc that thc l.ien ceases to exist. IN WITNESS WI I[-;l~,liOl''. thc Iloard oF('nunty Commissioners of'Collier ('otmly, Florida. acting through its ('hairman. directs cxccutitm a0d recording iff this Satisfitctim~ of l.icn, by actiun of thc Board this 9~ day,,F -~ .19oo. A'I'TI,:ST: I)WIGIIT E. BROCK. Clerk lit )..\ P,I) f)l: ('()l ;N'IY ('¢)M MIS.'-;I( )NI'J(.'-;. ('()I.I.IER C()IJN [ Y. I:I.()P, II)A t / I/ ' L.iL:~ .. % BOAP, D OF COUNTY COMMISSIONERS MISCELI.,ANEOtJS CORRESPONDENCE FEt:~RUAR. Y 9, 1999 FOR BOARD ACTION: I. ,'vlISCI:LI.ANEO[.~S ITf:.MS 'FO FII,I~, I:()R I~,I:~CORI') WITlt ~\CTION tXS DII~,I~(~'I'[:.I): o Clerk of Courts: Submitted for public record, pursuant to Florida ,%tatutcs, Chapter 136.06(1), the disbursements for the Board of County Comrnissioncrs for the period: A. January 11 - 15, 1999 B. January 18 - 22, 1999 Minutes: A. City/County Beach Rcnourishmcnt Advisory Comn'fittcc - Agenda of'January 7. 1999 I3. Collier County Planning Commission - Agenda of January 7. 1999 and minutes November 19 and December 3, 1998 meetings C. Environmental ~\dvisory Board - Agenda of JanuaD' 6, 1999 AGE NDA, ),.TEM FEB 09 1999 mel omndun Dato: I I'~ To; From: RE: ,'\dlllllll~tlallt C .'\,,I,lalll 1{¢ ¢' Iqt',l~,c I'llld Cllc[,i~Cd Ibc dl".}'ull ~',t.'lllt,'lll'., I~1 lbo ['h~,lld ~l ('lltlll[", ('~.lllllll¥'.llHICl", Jill lilt.' Ihcst' ?cp~,It', itt.' ih'Id Illild'..' Il,Ill Itt II '.t,u hu',c ,iii': q[Ic%ti,~tl, ~t.'?.~;:hlE.' fill', tll,I;It'l, pIc,i%C k'lcph, mc mc al .... I-', Ix l Ih,ink '.,,~I ,\Il.It ]llllClll,, BCC VENDOR MAi'~UAL ',VARRAf,~T LOG DATE NAME 1/13199 NALA 1/14i99 Daytona Beach Hdton Resort 1/14/99 Ruth Lurid; Holzem 1/15/99 Ben Bov,'don · Risk Mana§emont 1/15/99 Cdy of Marco Island 1/15/99 ASA Properties LLC AMOUIIT 100 00 180.00 315.00 267.9~ 3.245.17 3,~.775 40 CHECK ¢ 476188 476189 476190 476191 476192 476193 REA$OH L~t~gahon E~'nm - Barnett Flngg. Seminar Part t~me employee Travol. Bowdon Leo Courtly Coop Equdy Dist, Skating Promo 1 memorandum 1 RECEIVED JAN ? 5 1999 Date: 125 1')~)') To: From: RE: Ibard of ('O~.lllly ('t~ii1111ie, inller~;. [)ishtlrsemel'w4. Please find enclosed the disbursements f~)r Ihe Board of ('(}uaty ('ommi:,sioncrs Ik~r thc pcr~()d Jam~ary 1~ Ihrt~ugh Jam;ary 22. 1099. In accordance with Florida Statules. Chapter 136.06~ 1). x~e x~ould request that lhcse rcp~)rls bk' included as miscellane(}us correspondence lo thc [g()ard ,fC'ounty ('OlllIlIissioIICrS ;llld lllildc pa~t d' 111o record. II')ou have any qucsl~ns regarding this mailer, please lclcph,,~c mc al 774-S.181. 'l himk y.u ll}r vt)tlr coopcratlOI1. ].6~ 1 BCC PAYROLL MANtJAL WARRANT LOG DATE 1/21/99 Barbara Berry 1/21/99 James Carter I:~IAME AMO_U[,II 1,275.68 1.572.09 CWF. C, Kt! 199298 199299 Replacement Replacement BCC VENDOR MANUAL WARRANT LOG 1/23/99 USF Dugan Trucking 1123/99 Office Furniture & Design A/',,IO UL'~ 1.091.48 543.38 476654 476655 Shipping charges Sleelcase Desk RECEIVED DEC 3 0 1998 lOG i NATURAL RESOURCES MANAGEPIENT 735 8TH STREET SOUTH, NAPLES, FL 34102 Tel. 941. 434. 4655; Suncom 974. 4655; FAX No. 941.434.4620; emaii napiesnrmSnapiesnet.com NOTICE OF PUBLIC M]EETING Board of COuntl Tr.e ~ea~'~ Renouri¢~-~,- -" ~ ......... / ........ na,.ce Co.,~,_~tee announces a public meeting ts w~i~h a!~ interested persons are ..... 'n;.~ed. DATE: Thursday 07 January 1999 TI~: 9:00 A.M. P~CE: Ci~'/ Co~ci~ Chambers 725 Ei~h~, ~ ~ , ' . . - , ~ ..... zree~ South, Naples, F!crzca 24102 o AGE}VDA :r '~ : Call Items 5c ke added. ~:~-'~'i~, of ap~.rc'/a! c~ ~ -~ ,~ h~ ~ · !99~ .... :~'-~ r .... lac: .... = ......... S Cf t _ 0~ ' ~=-=~:a! b=~~ :7~e~su~ c~-~-~ ~. · Rock removal proiec~ Consideration c~ a~r.c,.~ c~ -- - ' -- - ~.,i~cations fo~ -:%~ f .... . --. ....... .= ~ne tn~ cen: of ~ne tourist Ad~surn. For additional information, please con:acc Jon Staige~ 43 at 4- .-\GENDA COI.LIER COUNTY PL,.\NNING CO. IMISSION' x ' \VILL .MEET AT $:30 :\.M.. TiIURSDAY, JANUARY - 1999 IN TIlE BOARD OF COUNTY COMMISSIONERS MEETING ROOM. ADMINISTRATION BUILDING. COUNTY GOVERNMENT CENTER. 3301 TAMIAMI TRAIL EAST. EAST NAPLES. FLORIDA: .x.'OTF.: INDIVII)ITAI..%P[:.:\KF. RS \VII,L BE I.INIIqF. I)'I¢) 5 NIINIF['I!S ANY I'FF, M. [NI)IVIDI,'..\I,S SIi[.EC'['IiD '['O SI'F...\K ON BI:ItAI.[: ()F AN ORGANIZATION OR ¢iR()(;P ARE F.N£'Ot;RAGtil) :\NI) MAY ALLOTI'[-:D 10 MINUTF, S TO SPF. AK ON .AN [TF.M IF St') P,I-X.'¢)GNIZEI) I?,Y TIIF, CtfAIRMAN. ['IH*,SONS \VISIIING TO [I:\VF, WRFIT[iN GRAPtIIC MATERIA1.S INCLUDED IN TIlE CCP(' ,.\GF. NDA PA('KF, TS .MUST SUBMIT SAID MATERIAl, A MINIMUM OF 3 WEEKS PRIOR TO TIlE RESPE('lqVF, PUBI.IC IIF, ARING. IN ANY ('ASE. WRITI'I.~N M:VI'tiRIAI.S INTE:<Di.I)T¢) Bt: ('ONSIDI{RF.D B'f T[tli ¢'(T¢' SIIAI.I. · SUBMI'Iq'F.I)'I'()Till:, API'[.',()I'RIATF. COUN'F5' ST..X[.F A .\IINIM{:.\I ¢)1: SF.\'IiN DAYS PRIOR 'l()'l'lil'] Pl 'IH.IC II[:.ARIN¢}. AI.I..\IA'I I/RIAl. IN PRESF~NTATIONS BI:.F()RF. TIIt£ C(T(' WlI.l. BI:('()MI! ,.\ PERMANENT P,.XRT OF TI IF. RECORD AND \VII.I. BF. ,,\VAII.AIII.F. FOR I'RESENTATION TO TIlE llO..\l~,l) OF COUNTY CO,\INIISSIONIiI~,S IF AI~PI.ICABI.E. :\NY I'F. RSON Wl lO I)ECIDES TO APPEAL tX DECISION OF TIlE (;(T(' \VllJ. NEED A RECORD OF TIlE PROCEEDINGS PERTAININi; '['[IERETO, ANI)'['fIERt:FORt.: MAY NEED TOl:Ngt;kk' TIIAT A VERBA'FIM RE('ORD OF 'tile t'R(K'EI(DIN(iS IS MAI)fL WIII('II RECORD IN('[.[;I)I(S 't'IlE 'IES'I'IMONY ANI) I(VII)EN('E I TI'()N WtlI('II 'FILE APPEAl. IS TO BE BASI~I). qorr ROLL CALL BY CLERK :rnst~ntlne ~c'K~e ADDENDA TO TIlE AGENDA APPROVAL OF MINUTES' November 19. 1998 and December 3, 1998 PLANNING CO.M.\ItSSION ABSI:.NCk'S: 5. BCC REPORT 6. CHAIRMAN'S REPORT 7. ADVERTISED PUBLIC HEARINGS: Copies Petition No. V.98-20. P, oger fhll. representing Lowell \V. and Claudia G. Newton, requesting a 10.3 foot ,.'anance from the required 15 fl'~ot rear yard accessory structure setback to 4.7 feet for property located at 520 Bald Eagle [)rive. thrthcr described as Lot 18. Naples Ba~h & Tcnms Club. Unit B. in Section 14, I'ov.'nshtp 49 South. Range 25 East. (Coordinator: Ross Gochcnaurl oO ..\GENI)A COLLIER COUNTY PLANNING COMMISSION WILL .MEET ..\T 8:30 A.M.. TItURSDAY. JANUARY 7. 1999 IN THE BOARD OF COUNTY COMMISSIONF. RS MEETING ROOM. ,.\DMINISTRATION BUILDING. COUNTY GOVERNMENT CEN'FF.R. 3301 TAMIAMI TRAIL EAST. EAST NAPLES. FLORID..\: ~ INDI",'II)[7:\I..%t'[:.AKIiRS WII.[. I:;I'~ I.l,\ll'I'l!l)'It) 5 %llN[;'l'liS ANY ITEM. INI)IVIDUAI.S SI~IA~C'I'I.~D TO SPEAK t)N flI:II:\IY t)l: AN ()RGANIZATION ()R GR()UP ARE ENCOURA(iEI) ANt) MAY AI.I,OTI'EI) I0 MINUTI!S 'FO S['EAK ON AN ITEM IF S() RIK'O(iNIZI!I) BY TIlE CIIAIRMAN. PERSt)NS WIStIING TO [lAVE WRI'ITEN GRAPtllC MATERIALS IN('I.15l)l!I) IN Tile ('fTC AGfiNDA PA{'KETS %ltJS'l' SUI~NIIT SAIl) MA'I'I!RIAI. A MINIMUM (if 3 WEEKS I'RIt)R File RI(SI'I(("I'IVIL l'l'I~I.I(' tIEARIN(i, IN ANY (',.XSI':. WRI'ITI(N MATI'LRIAI.% IN'l'l;Nl)i..I)'1¢) llh ('ONSII)IcREI) l~h' [IIE ('('I'~'NIIAI.[. 5~-.,,.,~*StJBMI-19'f:I) 'IC~ TIlE ,.XPI'R()I'RIATE ('OUNTY STAFF ,4 .XIINIXItiNI SEVEN DAYS['RI(~R'IOTIIEi,UBi.iCitEARiNG. AI.I. MATERIAl. IN I'RESIiNTATIflNS [IIiFORE TIIE CCP(' WII.I. IIIiCOME A I'ERMANENT PART f)F TIlE RECORD AND WII.I. BE AVAII.AI/I.E F()R PRESENTATION TO 'l'ItI~ BOARI) OF COUNTY COMMISSIONIiRS IF AI'PI.ICAI~I.E. ANY PF. RSON WI IO [)F. CII)IiS TO AI'PI!:\I. :\ I)[iCISION ¢)1" 'II IE WII.I. NtiEI) A RI'if'()RI) OF TIlE PRO('I:Iil)INGS I'IiRTA[NIN(i I'IIERETO. ANI)TItliRt~FORE MAY NEED T() t':NStJRE TI I:VI' A VERIL,VI'IM RE('ORI) t)F 'I'IIE I'RO('EEI)IN(JS IS MAI)IL WIII('II RECORD INCI.UI)ES 'I'I]E TESTIMONY ANI) EVIDtiNCt! I;I'()N WIIICII 'I'tiIi APPEAL IS TO BE IL.NSEI). Pot r t s Ca~ter ADDENDA TO APPROVAL OF .MINUTES: November 19, 1998 and lJcccmbcr 3. 1998 PI.:\NNING COM.XlIS$ION ,,\f:I.SI!N(.'liS: { ~ Co:it:o: 5. BCC REPORT D,Ae: 6. CtIAIR.MAN'S REPOP, T It~m~ o ADV'ERTISED PUBI.[C ttEARINGS: Pennon No. V-98.20. P, ogcr 1Ii11. representing l.owell W. and Claudia G. Newton. rcquesm~g a 10.3 variance from the reqmred 15 foot rear yard accessory structure setback to 4.7 Feet For properly located at 520 Bakt Eagle Drive. fur,,her described as Lot I$, Naples Bath & Tenms Ulub. Unit B. in Section 14. Townsh,p 40 .South. Range 25 East. ~C'oordina~or: Ross Gochenaurl 9. Il. D. Petition No. V-9:'~-2). liichanil) Yovanovtch. [i~q..ut'(h,Mlctte.¢'-leman A: J,hns,m. P.A..~cpresenting i-}us Sclacqua. requesting a 15 foot variance from tile required 15 foot s~de yard setback lo 0 lkc! for property located at I'am!aml Trail North ~I:.S. 41 ). IUnher described as I.o! 82. Naples hnprovcment {'o.'s I.ittlc Farms. m Sccuon 22. 'I'o,.tnsh)p 49 South. Range 25 East. ICoordlnatol': ('bahrain Badamlchlan) Petmon No. R-98-2. .Marun D. Pmckney. P.E.. of American f:ngtnecrmg ('unsullants. Inc.. representing Llano ('uriale. requesting a re/one I~oli1 "A" to "C-5" fl)r properly h)caled un thc mmh side o[ ILS..II, casl m'S R. 951 m Section ). 'I',~'.;nsh~p 51 ~outh. Range 26 East. ('.lhcr t'ounty. FlnrMa. cmlsistmg of 3.35 acres, tCoordmator; t'l:ahram Badamtctuan} Pctmon No. R.9.'-;-'7. WHham 1.. }hmver. AICP. of [toover Planmng. representing .Marpcl Investment, Inc.. rcqucsung a rc.~one from f,[.<,I'-3 to ('.4 for property located on the cas~crn sMc uf .";.R. 951 approximately '7.00 feet south m' I'.5. al m Secmm 3. To~.nnshlp 51 South. Range 26 [:.asl, ('oilier Cmmly. [:torida. consisting of 1.43_- ;,eros. t('tmrthnalor: Susan ,Murrayl Porn:on No. Pl..'I)-X'~.2.'.I I t. P.,,bcrt 1.. Duan¢. AICP. of Jlolc, .Montes and Assoc,alcs. Inc.. representing Jim Colosuuo. '[mstcc. rcqucqlng Jn arllclldnlc~l 1o Ibc l.awmctka Plaza PlJI) fi~r Ibc puq~osc of increasing nlaxl~Itl~l Of 2711.()1111 ,tltiarc t?cI: l;lCrCaslng llllBImtlm blnhtmg scparatmn frum 15 foci Io 25 l'ect~ :cconI}~urm9 thc ['rcwrxc ~.rca :,~r belier ~crecnmg and buffering to adlaCCnt uses. Ih~r properly h<alcd on Hw nor;lin cst corner of W~gg:::s Pass Road I('.R. SSS} and t'.g. 41. m Nccu,m I~>. Imvnship 48 South. Range25 East.('ulhcr('uunp..linrMa. cons~stmgof33.62acrcs. {Coordinator: Ravllcll,~s} Petition No. (iU-9.'.;-24. Mark W Nlmor. P.[:.., ofQ. (}rady .Minor and Associates. P.A.. rcprcscmmg Robert Duncan for t}'~e ['ask F,rce for thc }lc, toeless, requesnng ('ondit,:,nal [;sc "0" ,f the "('-4" zoning district per Secuon 2.2.15.3. lo add twenty t 20~ beds to an ex~snng homeless sheller for property located at 2001 Airport R~ad South I('.F.. 311. further deqcnhed as l.ot 1. Block K. Thc Glade,,. ['nit 'l'~v.. in .~;t'Cllon 12. Township 50 South. Range 25 [:asr. Collier County, Hortda, consisting of 2.3_- acres. {('oordmamr: Susan Murray) Petmon No. ('I'-9x.25. P, cau Keenc. P.I:.. of Kccnc Engineering. representing I)arryl J. l)anuco, Bradley l)armco, and Jnllv ['recking. Inc. rcqucslmg ('omht~onal I/sc "I" ~U' thc "A" rnmng d~stnct l'nr carlhmmmg per Sccuon 2.2.2.3 1;',r pmpcru located on lhe south side of Angola R~ad approximately 1'3 mdc east of SanctuaO' Road anti 5 S mile norlh of hnmokalce Road In Section 23. lownsinp 47 g,mlh, Range 27 East. Coil:ur County. Fhmda. oms~stmg of 9.862 acres. (('<mrdmator: ('hahram lladamtchian) (("ominucd lndefimte I l'etmon N,. ('[Lg×-2t~. l;cau Kecnc. ILl:.,. ofKccne [:.ngmccrmg, representing Joseph and ('onni¢ Smith. requesting conditinnal l'se "I" .f the "A" zomng d~smct for earthmmmg per Section 2.2.2.3 for property Iocaled 300 l~'ct east of [.~lac R.ad approximately 3.8 mile north or' Imm.kalce Road m Scctmn 24. l',,,.vnsh~p .17 South. Range 2' Fast. ('oilier ('ot, nL',', Florida. consisting m' 4.X._ acres, l('nordmator: ('bahrain [;adamtcluan~ I( 'm~lmucd lndefimte } OLD BUSINESS NEW BUSINESS PUB[.IC COMMENT ITI:N1 DISCUSS[ON OF ADDEND..\ ..\DJOURN I ? ~9 ('(TC .Mil:ND,.\ md TRA~NSCRiPT OF THE ~dEETING OF THE COLLIER COUNTY PLANNING COI~24ISSION Naples, Florida, Nove.~ber 19th, 1998 LET iT BE REi.[EZ~BERED, that the Collier Count-y Planning Commission in and for the County of Collier, having conducted business herein, met on =..Is date az 8::0 a.m. in REGU~R SESSION in Building "F" of the Goverm~ent Complex, East Naples, Florida, with the following members present: Michael J. Bruet Russell A. Budd Michael A. Davis Edward J. Oates, Jr. Russell A. Priddy Michael Pedone Terri Tragesser Karen Urbanik Ga~y Wrage ALSO PRESEi;T: Ron ~;ino, Senior P!an.ner Marjorie M. Student, Assistan5 County Attorney Page i AGENDA COLLIER COUNTY PL.-LN~'NING COYLMISSION WILL MEET AT 8:30 A.M., TttURSDAY, NOVEMBER 19, 1998 IN THE BO,.Mg, D OF COUNTY COMMISSIONERS MEETING ROOM,' ADMD4ISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAaMI I-RAiL EAST, EAST NAPLES, FLORIDA: 2. 3. 4. 5. 6. 7. ~ INDIVIDUAL SPEAKERS WILL BE LhMiTED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOUR. AGED AND MAY BE ALLOTTED I0 Mh-NUTES TO SPE~MK ON AN FI'EM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO ItAVE WRI-ITEN OR GRAPHIC MATERIALS FNCLUDED IN Tt~ CCPC AGENDA PACKETS MUST SUBMIT SAD MATERIAL A ~SUM OF 3 WEEKS PRIOR TO THE RESPECTIVE PUBLIC tEEARING. IN ANY CASE, WRFFTEN MATERIALS INTENDED TO BE CONSIDERED BY TIiE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO TIt'E PUBLIC HEA. RD4G. ALL MATERIAL USED IN PRESENTATIONS BEFORE TIlE CCPC WIJ..L BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPE,&L A DECISION OF THE CCPC WILL NEED A RECORD OF TH~ PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VEP~A~ RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD rNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICtI THE APPEAL IS TO BE BASED. ROLL C/'d..L BY CLERK ADDENDA TO THE AGENDA .APPROVAL OF MINUTES: October 15, 1998 P L,MNNING COMMISS ION ABSENCES: E~CC REPORT CHAIR,MAN'S REPORT ,ADVERTISED PUBLIC HEAR.INGS: 9. lO. 11. t2. Pemlon No. TU-9$-SE. Stephen T. Buffer, Inc.. representing Arthur Rutenberg ltomes, requesting a five {5) month extensxon. :'rom July 31, 1998 to December 3 I, 1998. of th.'- temporary, use permit for a model home at 11004 Longshore Way \Vest. Longshore Lake Unit 2. (Coordinator: Ross Gochenaurl Bo Petit;on No. PSP-98-15, Geoffrey G. Pur~e. representing Robert S. Hardy, requesting Preliminary Subdivmon Plat approval for Northbrooke Plaza. located in the NE Quadrant of 1-75 and Naples-lmmokalee Road (C.R. 8.16). Section 19, Township .18 South. Range 26 East. consisting of 39.90 acres. (Coordinator: Ron Nino ~ Petmon No. PSP-9$-i6. R.A. Gonzalez. P.E.. of Banks Engmeenng, inc.. representing Mastercraft Itomes. Ltd.. requesting Prelmunary Subdivisior~ Plat approval for Wyndham Park. located on the west side of C.R. 951 approxUnately 0.6 of a mile south of Immokalee Road (C.R. 846), in Section 27, Toy, reship 48 South, Range 26 E~L constsUng of 121± acres. (Coordinator:. Susan Murray) D° Pemion No. PDI-98-3, Blair A. Foley, P.E., of coastal Engineering Consultants, inc.. representing Southpomte Yacht Club, requesung in~ubsumual changes to the Southpointe Yacht Club PUD Master Plan design by revising the building footprint locations, relocating a parking lot and designating it as marine parking, and by, adding a sidewalk from the parking lot to the dock area. to provide for pedesu-ian and emergency sen';ces for property, located ;5 re. fie south of Thomasson Drive in Sectmn 23. Township 50 South. Range 25 East. Collier County, Florida. (Coordinator:. Ray Bellows) Petition No. PUD-98-7, Michael R. Fernandez. AICT, of Planning Development Incorporated. representing Mastercraft Homes. Ltd.. requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known ax Ws'ndham Park PUD for single fannly and multi-family residential land uses, for property located on the west side of C.R. 951 approximately 0.6 ora mile south of Immokalee Road, in Section 27, Township .18 South. Range 26 E~k Collier County, Florida cons[sung of 120.85 acres. (Coordinator: Susan Murray) Pention No. CU-98-18, Alvin J. Sandsrnark. of Southwest Florida Design and Engineering, representing American Funding and Service corporation, requesting Conditional Use "6" of the "RMF-6(3)" zoning district for an Adult Living Facility (ALF') for property located on the west side of Goodlette-Frank Road. south of Q,'press Woods Drive. east side of 12' Street and north of Frank Whiteman Boulevard in Section 22, Township ,19 South. Range 25 Eaxt. (Coordinator: Ray BellowsJ Pention No. PDl-98-5. William L. Iloover, AICT, of Hoover Planning, representing Smiths, Sykes.,Bloorm RyndewHoover, requesting an insubstannal change deterrnmanon to the Zurich Lake Villas PUD by adding a second access point into the prope,"D/located ¼ mile south of Lmmokalee Road (C.R. 846}, adjacent and on i' the east side of the eastern boundary, of the 1-75 fight-of-way, in Section 30, Township 4g South. Range 26 East. (Coordinator: Ray Bellows/ (Continued To The Meeting Of December 17, 1998) OLD BUSINESS NEW BUSINESS PUBLIC COMMENT ITEM DISCUSSION OF .ADDENDA .~DJO ULP. N I 1,'19/9g CCPC AGENDA/md 2 November 19, 1998 CP~.iP~L~2; ERUET: i'd like ~o call the :.;ovem~er !9th, 1998 meeting of the Collier County Planning Commission, and I will start with roll call. Commissioner Priddy? CO[~{ISSIONER PRIDDY: Here. CHAI~.AN BRUET: Commissioner Urbanik? CO~{ISSIONER URBA};IK: Here. CHAIrmAN BRUET: Commissioner Davis? COl{MISSIONER DAVIS: Here. CF~I~{AN BRUET: Commissioner Budd? (No response.) CHAIPI~XN BRUET: Commissioner Bruet, present. Commissioner Pedone? COI~ISSiONER PEDONE: Here. CF~I~XN BRUET: Co~missioner Oates? CO~4ISSIONER OATES: Here. CF~I~%/~ BRUET: Commissioner Wrage? COI~{ISSIONER ~3.GE: Here. CHAIRMA1; BRUET: Commissioner Tragesser? CO~4ISSIONER TP3.GESSER: Here. CF~I~ BRUET: Ve~f good. Any addenda to the agenda? Ron? I~iR. NINO: No. MS. P~RRAY: Yes, you need to change -- 143{. NINO: Oh, I'm sorer, I thought we were going to do that under -- yeah, that's true. Item E -- CHAI~%I~ BRUET: Yes. I{R. NINO: -- needs to go -- CHAI?2~AN BRUET: Prior to C. ~q. NINO: -- to item C. And item C should go at item E. C?~.I~34 BRUET: Would we not hear those -- really discuss those MR. NINO: Well, no, you really have to zake action on -- CHAI~{3~ BRUET: On E first. IfR. NINO: -- on E first. CHAi~3~N BRUET: But we'll just move right into C. ~{R. NINO: Yes. Sure, you can do that. CO~4ISSIONER PRIDDY: So moved. COI~ISSIONER DAVIS: Second. CHAIRMAN BRUET: A motion has been made by Co~missioner Priddy, seconded by Mr. Davis. All those in favor? Opposed? (No response.) CO[~4ISSIONER OATES: Mr. Chairman, do we also need to continue item G? CHAI~4A}; BRUET: i have not heard about item G. CO~-ISSIONER OATES: it says on here continued to the meeting of ,2~.c~mber 17th. CO~4ISSIONER PRIDDY: So moved. Page 2 November 19, 1998 CO:.E.[ISSiONER DAVIS: Second. CO~2.[ISSIONER OATES: Second. CHAIPldA~N RRUET: Motion's been made by :.:r Priddy, seconded by Mr. Davis. Ail in favor? Opposed? (No response. ) CH_AI?/~N BRUET: Approval of minutes for Novem2~er i5th. CO:.14ISSiONER PRiDDY: So moved. COI~-~.ISSiONER OATES: Second. COI.R4ISSiONER ?;RAGE: Second. CHAIR/~A=N BRUET: Motion has been' made by Mr. Priddy, approved by Conm~is sioner Oates. Ail in favor? Opposed? (No response. ) CP3. IP/Z3~! BRUET: Motion carries. I would like to add, 5hough, my o,~zn schedule, i need to leave around !1:00, so -- COMI{ISSIONER PRiDDY: We ',gill be leaving here about 9:00 or 9:30, Mr. Bruet. CF-~.IP.MA~; BRUET: i was hoping so. Are there any planned absences? For this evening, of course, we come back for an LDC. CO.MMISSiONER PRIDDY: i will not be here this evening. COI~4ISSiONER WP3.GE: i will not be here this evening either. C?~IP/Z_A_N BRUET: T~,.;o. Eve_~fone else is fine, so we still have a quorum without a problem. COM2~ISSIONER OATES: And I still am~ going to be gone December the 3rd. CHAIPI~; BRUET: Thank you. BCC report. Ron? MR. NINO: To the best of ml; knowledge, all of your recommendations-- the board has dealt '~,."~ a__~ of your recommendations in a manner consistent with your recommendations on petitions that you have dealt with in the iasc few weeks. COMI4ISSiONER PRIDDY: Ron, the -- moving the things to the consent agenda, that's in effect now? M~. NINO: Actually, it's suu~mary agenda. COM24ISSIONER PRIDDY: The sth,-~mary agenda? MR. NINO: Yes. It's in effect and is working very well. I mean, most of our material is going on the summary agenda. COM24ISSIONER OATES: I see now they're going to only meet evers, other week, so maybe it's working quite well. (Commissioner Budd enters boardroom.) MR. NINO: That way it won't affect our petition process, because tha~ means they'll be dealing with them at eve.~f meeting. CO:~MISSiONER OATES: i t..,nm ~t s great that we're having less go:;er~ent. CO~C~.ISSiONER PRiDDY: Do we get to go to ever-f -- once a month? Page 3 ::ove.~er 19, 1998 CO:.C,:ISSiONER DAVIS: Mr. Priddy, the reason ;;ky they might be able to do that is because we're doing .~ .. ..,e :cork and getting t'~ings accomplished, and it's working quite well. CO~C4iSSiONER .','FRAGE: Besides, if we went to once a month, cut our salar-/ in half. CY-%I?I~-~2'~ BRUET: That ' s true. CO?-4iSSiONER DAVIS: That's true. CO.~.I~.-O~R'.~.~-cc' ,T.- PRiDDY: That's true, we car.'t aZ=ora' -~a- ..... CH~AiPJ/2~; BRUET: The chairman's report, i have -- ! would to get our -- a meeting set back up with the City of .Naples BZA, as we did once before, i think ,we had all cor.r, itted to trying to do that: once or twice a year, and i think it's appropriate. So if you could talk to the city sta== ~~, Ron, about setting a date here, prcbabiy right after the holidays, i think trying to squeeze something in between now -- ~,. NINO: You mean the Christmas holidays, don't you? C,u~_.~...-~lu'r'~'."' BRUET: Yes, yes. So if you could shoot for something in JanuaFf. And we also had a r~ee~nc set, at one -~ ' ~. _ ....... as I remember, w~th CO.~.ISSiONER OATES: Lee County. CN~AiRYSuN BRUET: -- Lee County that did not come about at a last minute cancellation, as I recall. COM}[ISSIONER DAVIS: Yeah, and i think that would probably be well worth pursuing. We've got some North Collier County, South Lee County issues. Sitting down ;with that group, I think it would be a great idea. CF=IIPd4AN BRUET: I think it would be nice to follow up on that. Also, LDC hearings ,would be out of the way. So if we can try to get together the Lee County -- MR. NINO: I will contact my Lee Count~ ..... cou..~e.~pa.~. CF_AiRMAt~ BRUET: Thank you. With that aside, we move into the public hearings. And I'!! call pecition number TU-98-5-E. MR. GOCHENAUR: Good morning, commissioners. For the record, Ross Gochenaur, planning services. The petitioner is requesting a five-month extension for a temporary use permit for a model home located at Long Shore Lake. This temporar~f use permit extension ,would expire in December of this year. We've received no objections to this petition, and we recor~end approval. C.~LAIRMA-N RRUET: I guess -- this being a public hearing, I guess we need to swear in a -- HR. NINO: No, we don't need to do than. CF-AIR/{A~N BRUET: Not for this? MR. NINO: No. It's only for legislative actions -- CHAIPI{AN BRUET: i understand. MP,. NINO: -- required by the board, that go to the board's agenda. CP~AiFq4A. N BRUET: Thank you. Page 4 November 19, i998 Any questions of staff? Does the petitioner care to address the issue, if he's present? if not, i'll close the public hearing. COi.E.fISSiONER OATES: l~r. Chairman, I moue we approve petition TU-98-5-E. CO:C4ISSiONER BUDD: Second. CO~ISSiONER %'~.GE: Second. CF~I~JC{ BRUET: The~e is a motion to approve by Com~issioner Oates, seconded by Commissioner Budd. Ail in favor? Opposed? (No response.) CHAI~4AN BRUET: Motion carries. Second item on the agenda, petition n~er PSP-98-15. MR. NiNO: Hello, my name is Ron Nino, for the record. Petition PSP-98-15 is your t>~ical pre!imina~f subdivision plat application which, as you know, is a step in the development process that t?pically follows the rezoning action. it wasn't too long ago that this commission recommended the Northbrooke Plaza PUD. This is a subsequent phase which prepares the land for lotting and installation of infrastructure so that they can get on about the business of developing it. Typically, we have a nu,,~ber of stipulations in the PSP resolution, the most important of which is that all the conditions of the PUD apply. However, there a~_~o some additional stipulations primarily dealing with environmental considerations in the PUD in this PSP. They also, to a large extent, mirror those in the PUD. However, our staff feels that it's important enough to repeat them at the PSP stage. We recommend your approval. Mr. Purse is here to indicate whether he has any problem with the stiou!ations that are to be :~ade prior to the resolution. C~.I~.~2[ BRUET: Any ~aestions of staff? if none, l.[r. Purse, you care to address the board? ',~ PURSE: Good morning For the record my name is ge Purse, represen~inc ' _ Roue_~ S. Hardy. Just to be quick about it, tha~ we agree with all the stipulations, and I'd be here to answer any questions that you all might have. CHAI~4A.N BRUET: Are there any questions of the petitioner? CO~MISSIONER TP3.GESSER: I have one question. Just looking at the deue!opment area, that's all in the green that you have highlighted on that. Do you -- are you implying by that diagram that all of the property in green 'will be accessed by that one interior road you show? MR. PURSE: No, ma'am,.. The tract B and tract C can be accessed off of Northbrooke Drive. CO~.~ISSIONER TRAGESSER: Thank you. CHAI~43d~ BRUET: Any further'questions of the petitioner? If not, I close the public hearing. COM/4ISSIONER OATES: Mr. Chairman, I move we approve petition Page 5 November 19, 1998 PSP-98-15. COM/~ISSiONER BUDD: Second. COMI~ISSIONER URBA~;iK: Second. CHAI~f~N BRUET: There is a motion to approve made by Mr. Oates, seconded by Mr. Budd. All in favor? Opposed? (No response.) CF~I~AN BRUET: We are going to move now to petition number PUD-98-7. And that was listed as agenda item E, moving up to C. Staff? COP[MISSIONER OATES: You have to swear? CHAI~4AN BRUET: These we will swear in, yes. All those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (All speakers were duly sworn.) MS. MTJRRAY: Good morning, Susan Murray, for the record. There aren't a lot of complicated issues about this PUD, so I'll just touch on the highlights and then give you staff's recommendation. The site's located on the west side of County Road 951, approximately six-tenths of a mile south of the intersection of 951 and Im~okalee Road, just south of the existing Oak Ridge Middle School. This petition purports to rezone the 120-acre site from agriculture to PUD in order to develop a mixed single-family and multi-family residential development at a proposed density of 3.66 dwelling units per acre, for a maximum of 442 dwelling units. 442 dwelling units is approximately 29 percent less than the 624 dwelling units the site would be eligible to receive under the density rating system. Access to the site will be provided via a single point of ingress and egress from County Road 951. Development tracts are planned to be interior and exterior to an internal access road, and some development tracts will abut an interior lake tract. A pedestrian access is planned along the north property bounda~f to the middle school site to the north. Properties to the south are currently zoned agricultural and are undeveloped. Property to the west is zoned for the Heritage Greens PUD and is developed as part of that project's golf course. The Heritage Greens PUD was approved at a density of 2.1 dwelling units per acre. Along the southern boundary of the subject site, a 30-foot wide drainage easement will be provided, consistent with the Harvey Basin Master Plan, drainage plan. This drainage easement will carry runoff from the subject site, as well as portions of the school site and other sites to the north. This drainage easement will tie into the Harvey Basin Canal, which runs along the western property boundary. The PUD master plan shows three typical road cross-sections, two of which show sidewalks on one side of the street. Staff is reco,~mending approval of the subject petition, provided that sidewalks are provided on both sides of the street as required in Page 6 November 19, 1998, the Land Development Code. i'!! be happy to answer any questions you have. C.w-Ai?-'.~; B~U=m: Are there any fur~he~ ques~lons of staff? CO~4ISSiONER PRIDDY: I have a ~estion. Susan, you mentioned the property zo the south is s~ill agricultural. Will than be the las5 piece in that block that's not in a PUD? MS ~URP~f: Generally in that area, yes. CO~.IiSSIONER,~IDDY:., Because we jus~ rece..~!y~- -- MS '~JR~zY: Mos~ of the stu~' to ~ north and west COI,~,f!SSiONER PRiDDY: We recently approved another piece just south of there, so that -- MS. ~R~Y: Correct. So that -- COI~{ISSIONER PRIDDY: -- that whole ~adrant's going to be pretty well planned out? MS. ~RP~Y: That's correct. C~.iPI~,; BRUET: Any further ~aestions? If not, does the petitioner care to address the board? MR. FEP~.;DEZ: Good morning, commissioners, Michael Fernandez, re:~resenting~ petitioner, for ~_.~e record. Just to say than we're amenable ~o accepting s[aff's condition of sidewalks on both sides, and if you have any ~estions, I'll be happy to answer them. As s~aff has indicated, I don't think this is a very complicated -- it's a ve~f straightforward proposal. ~d you'll be hearing the PSP, which has specific plans i~ediateiy hereafter. CO~ISSIONER OATES: Mr. Chairman, I'd like to thank Mr. Fernandez and his group for accepting sidewalks on both sides. C~I~N BRUET: I was about to say the s~me thing. Staff's com~ments on the stipulations are none, so it looks ii'-~ nice, clean project from here. ~ .... not, does anyone ~rom the public care to speak to the issue? Seeing none, I'll close the public hearing. Pleasure of ~he board? CO:~4ISSiONER DAVIS: I'll make a monion to foF,;ard PUD-98-7, Windh~ Park, to the BCC with a recommendation of approval. CO:~4ISSiONER URB~qIK: Second. CF_AIPlZ~: BRUET: There was a motion by Mr. Davis, seconded by Urbanik. All in favcr? Opposed? (No response.) C:~3. IP2~2,; BRUET: Motion carries. CO~.E4ISSiONER OATES: Mr. Chairman, are we going to hear item E next? CP~i~2,; BRUET: Yes, we are. CO[.E{iSSiONER OATES: I mean C, excuse me. CO[~4ISSiONER DAVIS: Mr. Chairman, could i ask a ~estion on the PSP? Page 7 November 19, 1998 COPZMISSIONER DAVIS: We can go ahead and take final authority and approve a PSP for a PUD that has not been approved by the board yet? ~4R. NINO: Your decision would have to be conditioned upon the board's approval, in other words, it wouldn't take effect until the board approves it. MS. MURRAY: Mr. Chairman, may I -- I'm sor~f, just to clarify, your resolution, specifically yours, Mr. Chairman, was amended to include that effective date language. You all did not receive copies of that. And I apologize, it was just done at the last minute yesterday afternoon. So it is part of the resolution that the effective date would not take place until the PUD was -- until the effective date of the PUD. CF~I~4AN BRUET: How did we wind up like this? ~,. NINO: Pardon? CHAI~2; BRUET: How did we wind up like this? We haven't done this before, have we? And I don't -- I mean, I don't mind -- ~.. NINO: Yes. CF~I?~3uN BRUET: -- it for this particular case. ~R. NINO: You're right, traditionally we have scheduled ~he following the board's meeting. However, it's not to say that it can't be done. COmmISSiONER OATES: It is being done. CHA. I~Z325 BRUET: I understand. CO~4ISSiONER ?~3. GE: We're on the cutting edge here. COb94ISSIONER PRIDDY: They're obviously in a hurry. C~I~Z~A3~ BRUET: Susan, you can move fo~,:ard. MS..MURP3.Y: Okay. Susan Murray, for the record. The petitioner is seeking approval of a preliminary subdivision plat for the purpose of dividing the subject property, which consists of the Windham Park PUD into 290 lots for single family residential, two lake tracts, a recreational tract and a native preserve tract. The single-family lots are consistent with the dimensional requirements as approved in the PUD document. The proposed plan provides for water management areas, drainage easements, open space landscape buffers and road right-of-way, consistent with the development criteria as proposed in the PUD rezoning petition that you just heard. I would note again that staff is reco~T~r, ending approval subjec~ to the conditions noted. Specifically, I would reference condition number seven, which requires sidewalks on both sides of the street. And I did mention the effective date, so that's all the information have. CHAI~4AN BRUET: Thank you. Any further questions of staff? ~4R. NINO: Since we have lots of time, could we have the exhibit amended so that section .AA and BB illustrate a sidewalk on both sides? CHAI~4AN BRUET: Commissioner Tragesser has a question. CO~4ISSIONER TRAGESSER: Actually, I think my question would better be asked by the petitioner. CHAI~4A/q BRUET: Does the petitioner care to address the board? ~R. FErnANDEZ: Michael Fernandez, representing petitioner, i'll Page 8 November 19, 1998 be happy to answer any questions you have. D. nd we are amenable -- we'll go ahead and get that corrected on the section that shows sidewalks on both sides. COYt~-ISSiONER T?J~GESSEE: Good morning. Just one question. You mentioned that you all are planning to have a bike and pedestrian access to the school? is tna[ -- MR. FE?34~;DEZ: If they're amenable to having us have an access and we can work it out in the appropriate location, yes. COMt~ISSiONER T?_Z. GESSER: Would that be close to -- what is it -- 95!, or would it be -- how close to the -- ',;here would that occur? Would it occur near the road, away from the road? ~q. FEP~;ANDEZ: We haven't worked the specifics out with the school board yet. My guess at this time is that it would be closer to 951, only from the standpoint that that's more the front area. We don't want students coming into the back of the school. The school does have s ec~~_ty measures of thei~ own, ' ~, , ~ lnc_uG.,~g fencing, and so we need ~o work out something ~ha~ --he school board's comfortable with. it's no~ like the old days '' walk across car~us ~ · ~ne._ you could just · ~.~- schools nave become security zones ~n o;,~. right. COI~-<ISSiONER T?3.GESSER: Thank you. CH-AIR/~A_N BRUET: i think the Pebbiebrook Shores Community there, the Ric?~mond -- the old Ricb. mond PUD, has an access over there. don'~ know if you can get together with them. It doesn't appear that you're adjacent to them, but they proposed the same thing, which are really excellent steps, i guess that's my point. MR. FERJ>;ANDEZ: Yeah, it saves a few steps for the poor student that has to walk to school. C?LAIP24AN BRUET: Thank you. Any questions of ~he petitioner? Does anyone in the public care to speak ~o the issue? Seeing none, I'll close the public hearinG. COMt~-ISSIONER OATES: .~r. Cha.rTnan, I move we approve PSP-98-16, subject to the approval by the County Co,~,mission of' PUD-98-7. CO~4ISSIONER PEDONE: Second. MR. NINO: Mr. Chair, may I suggest that so that we're in accord with Mr. Fernandez's agreement, that a pedestrian link with the school be provided -- CHAIP24A~; BRUET: Say what? MR. NINO: That a pedestrian link with the school site will be provided in the location amenable to bo~h parties. COMt~ISSiONER OATES: But he has to get the school board agreemens. MR. NINO: Yeah, out we need that in the condition on approval· COM/~ISSIONER OATES: We!l, what if they don't agree? MR. NiNO: Well, I suggest that we be authorized -- the word is that should they agree -- COi~4ISSiONER OATES: Okay. MR. NiHO: -- that they will agree. COMt~.ISSIONER OATES: That's fine. Should they agree is fine. Page 9 November 19, 1998 CF~i?I.'3~N BRUET: Mr. Pedone, still take a second? CO~ISSIONER PEDONE: Yes, still second. CF, AIPd4AN BRUET: There is a motion by Mr. Oates, second by Hr. Pedone. All in favor? Opposed? (No response.) CF3. I~.DM,I BRUET: Motion carries. Petition -- CO~{ISSIONER OATES: Excuse me, I4r. Chairman. I thought Southpointe Yacht Club PUD was behind this. I didn't know we were going to be hearing this. I thought they went to court and they resolved their problems. CON/qISSIONER DAVIS: We continued this petition, you may remember, some time ago pending an appeal to the board, which I was curious and called Mr. Bellows, which has since been resolved. And so I guess -- CO~4ISSIONER OATES: Do we know that it's been resolved? I mean, I know from Ms. Barnett tha~ she supposedly had agreed to it. Bu~ has anybody seen any signed papers or anything? CHAIRMA~ BRUET: I think the petitioner can speak to that particular issue. And I had a short conversation with him on the way in. CO~4ISSIONER OATES: Okay. CHAIRMAN BRUET: So if we can maybe hold and listen to what he has to say and we'll make our judgments from there. CO~ISSIONER OATES: Okay, thank you. CHAIRMAN BRUET: Right? ~R. BELLOWS: Do we have to be sworn in on this i~em? CN~I~.~N BRUET: Yes. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repean after the court reporter. (Speakers were duly sworn.) CF~I~3~N BRUET: Thank you. Ray? ~R. BELLOWS: For the record, Ray Bellows. The petitioner seeks approval of an insubstantial change to the Southpointe Yacht Club PUD Master Plan. As you can see on the original master plan, the site consisted of the master plan. Conceptual master plan consisted of two larger structures adjacent to the marina and a central parking area that was unlabeled. A site development plan was approved, replacing those two larger footprints with five smaller building footprints. And in doing so, it eliminated the central parking area between the two buildings. Code Enforcement was called in from a complaint that there was inadequate parking for the marina. Staff determined that the master plan should be changed and the site development plan be changed to add marina parking. This is the proposed revised updated master plan that is consistent with existing conditions. The buildings being built are in Page 10 ~;ovem~er 19, 1998 over here. i ~hink all three buildings are in. Proposed marina Darklnc '..,'ill be located %here. It's also served by a !2-foot pedestrian emergency accessway to the marina. The fire department has deemed tha~ ~ is ~ t~,~s satisfacto~; for emergency ser'zices. There's a drop-off and pickup area provided. Staff has denermined that this meets all the criteria for an insubsnannia! change. There was an appeal filed by some of the property o~,~ers. That has been resolved and the appeal was withdrawn. I'll be happy to answer any qluestions. CF~.i~3~; RRUET: Just for a little histo~f, there was two buildings approved, and they went ahead and built three prior to -- MR. BELLOWS: Well, the master -- CH~i~ BRUET: -- prior to this -- prior to any amendment of the PUD? ~R. RELLOWS: Correct. The sta~ determined that the mas~er plan -- this conceptual mas~er plan -- a site development plan was approved, similar to this -- C~.I~3d~ RRUET: Right. lfR. BELLOWS: -- showing ~he smaller buildings, and building permits were issued. Amd i ~hink three or four -- three buildings were built. I think the fourth one is -- ~,. NiNO: Four buildings are under construction. MR. BELLOWS: Four buildings are under construction. MR. NI?[O: The fourth building is under construction. CHAI~Z2; BRUET: I think I got the picture. Any further questions of s~af~ if ~ ti not, De tioner care to address the board? ~4R. SOLIS: Good morning. Andrew Solis for East Sound Realty. Just to clarify the history -- and I know Ray just touched on it -- there was an appeal filed by an ad hoc com~ittee of boat slip o~ers at the marina. The issues were resolved prior to the Board of County Commissioners actually hearing the appeal. A~nd tha~_ a~ea~.. _ was just o=~ :'~.~. Mu!here's de~e~ .... ~nation' tha~ ~his is in fact an insubstantial change. Those issues were resolved, the ad hoc committee withdrew its appeal and all of its objections to the amendment of the PUD master plan, and so there really is no objection, as far as ! know. ~nd we would ask that i~ be approved, if you have any questions, i'll be glad to answer them. CHAI~43uN BRUET: Co~missioner Oates. CO~4ISSIONER OATES: is there a signed agreement that they're not going to dispute this? ~.~. SOLIS: I senn the chairman a copy of Mr. Kobza's letter withdrawing the appeal and their objections. I hoped that everyone would have gotten a copy of that. I have -- CO~ISSIONER OATES: I didn't get one. CHA. I~,~aN BRUET: Andy, i didn't get one. ~CR. SOLIS: You didn't get -- CP~I~.~2; BRUET: %';ho sent it? I have not received it. I~R. SOLIS: Okay. Ray, do you have a copy? Page 11 November 19, 1998 ~.~. NiNO: I Pmow there is a letter. I received a copy as well. ~4R. SOLIS: There's a copy of the letter I sent. CHAI~&AN BRUET: Thank you. CO~4ISSIONER OATES: Has Mr. Kobza signed off on it? MR. SOLIS: Yes, that's -- attached to my letter to the chairman is Mr. Kobza's letter. CO~2~ISSIONER OATES: Thank you. CF~I~4A2~ BRUET: I assume it says what it says. Are there any further questions of the petitioner? Thank you. Anyone from the public that cares to speak to this issue, please come forward. Seeing none, I'll close the public hearing. COMMISSIONER URBANIK: I move that we forward petition PDI-98-3 to the Board of County Com~missioners for approval. MR. BELLOWS: This -- CHAI~ BRUET: We approve it. MAR. BELLOWS: -- is to be approved by the Planning Commission. CO}~4ISSIONER DAVIS: Correct. Approve or non approve. CO:~4ISSiONER URB~,;IK: Okay. Just approve. CO~4ISSIONER BUDD: Second. CHAI~XN BRUET: There was a motion by Hs. Urbanik, seconded by Conunissioner Budd to disapprove -- CO~4ISSIONER URB~JiK: No, approve. CHAI~4AN BRUET: Approve, excuse me. Okay. Ail those in favor? Opposed? (No response.} CHAI~3~N BRUET: Motion carries. MR. SOLIS: Thank you. CO~4ISSIONER OATES: ! think we need to have a copy of this letter for our files. CHAI~4AN BRUET: Yes, I believe it is in part of the exhibits. Moving forward to petition number CU-98-18. And this being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Ail speakers were duly sworn.) CHAI~ BRUET: Thank you. HLR. BELLOWS: Again, for the record, Ray Bellows. The petitioner is requesting a conditional use si>: of the ~4F-6 district to allow for an assisted living facility. The property is located on the west side of Good!erie-Frank Road and on the east of 12th Street North. Proposed concepuual plan for the ALF indicates the access point off of Goodlette-Frank Road. This requires an agreement with the City of Naples and from the Collier County Board of County Commissioners to obtain access off of Goodlette-Frank Road. That is a stipulation in the resolution. As you can see, the ~4F-6 district, the property owner by right could develop 30 multi-family housing units on the site, with a 15-foot side yard setback that is currently allowed in the .~MF-6 Page 12 November 19, 1998 district. The proposal for an ALF increases the site setbacks from Ghe proper~y line to the structure to 65 feet. Tine buffer has been increased from 15 feet to 18 feet surrounding the property. Setback in the front is back over 400 feet, and it preserves an en';iromT, ental!y sensitive area fronting Good!ette Road. The subjecn site is -- traffic impac'_ statement indicates that the project will generate 455 trips per day, 'which will not significantly impact Good!erie-Frank Road. No access is provided to the local streets within the subdivision; however, there is an eme_=~..cy~ ' access provided in the southeast corner to 12th Street North. The applicant has provided an architectural rendering of the proposed structure. Conceptual plan. Basically it's a two-story structure with a third sto~f built within the roof of the structure with dormer windows. The P~.[F-6 district allows for three stories for multi-family housing in this district also. Staff has not received any letters for or against this petition. - :_ be happy to answer any questions. COHMISSiONER OATES: i have a question. C?~.iPi{A2,i BRUET: Commissioner Oates? CO:'R~.ISSiONER OATES: ,,,%z.~oer one, zf the City of Naples, and if the Board o= County Co,r~m' ~-~ =~- . ~.._s, is this not basically a landlocked piece of property? ~P,. BELLOWS: No, they can obtain access from the local streets that abut the property. CO:~4ISSIONER OATES: From !2th? MXR. BELLOWS: Yes, and !4th. CO[~{ISSIONER OATES: And 14th. Ail right. And then secondly, where -- I'm not qdite clear where this PUD is going to be. 'Where -- I mean, I can see it's Royal Woods, or what is {t? Diana's on one side But where -- -~, . ~ . e~.ac~_y is ito And how are they going to accomplish -- l.XR. BELLOWS: i'm not sure i understand the question. COI~4ISSIONER OATES: ~,'£nere's the cut in the -- MR. NINO: On Goodlette-Frank? CO~'~ISSIONER OATES: w , .,o, I know it s on Goodlette-Frank, but where is the cut that they're going to get : - ~n~o this piece of property? COMI4ISSIONER }FRAGE: The right in, right out. MR. NINO: You mean on Good!ette-Frank? CO~.ISSIONER OATES: Yeah. }{P... NiNO: Yeah. COI~4ISSIONER OATES: Where on Goodlette-Frank is the -- !{R. BELLOWS: The median cut? COHMISSiONER T?3.GESSER: Like what's across the street from where the median cut is. COM/4ISSIONER OATES: Yeah, where is it? }PR. NINO: Do we have an aerial? CO,'_~4!SSIONER DAVIS: Yeah, there's an aerial in the package. Page 13 Novem/eer 19, 1998 CO:~,!iSS~.O~_.. :'FP3.GE: Acco~d~-c to this mad ~t's a rich' in, _.g.., out, _t looks to me. CO>I{ISSiONER DAVIS: Across the sureet from Hole-in-the-Wall. CO~C4ISSiONER PEDONE: Yeah, Hole-in-the-Wall Golf Course. CO~,~ISSiONER OATES: Yeah, but that really, I guess, doesn't answer my ~estion. Where -- how do they get into this? I mean, where is the cut itself? i don't quite understand. ~.~. BELLOWS: Access = = o=, -- right in, right out off of Good!erie-Frank Road? CO~4ISSIONER OATES: Yeah, where is it going to be? Right through the middle of Highpoint, or -- I~. BELLOWS: Goodlette-Frank Road -- this property fronts on Good!ette-Frank Road. CO~ISSiONER OATES: i understand that. ~.. BELLOWS: There is no other access to the site. HR. NINO: Hole-in-the-Wall is off -- it doesn't look like there are any offset driveways. CO~'~ISSiONER OATES: it's still confusing. I don't know where this is. i~.. NINO: Here you are, the entrance to Royal -- entrance Royal Poinciana Golf Course. None of the streets -- I guess with the exception of Solano runs ou to the -- ~ Goo .... te-Frank Road. So you really have -- COi~{ISSiONER OATES: Wha%, is 5ha~ Creech? HR. NINO: That's Solano. COI~4ISSIONER OATES: Yeah. ~q. NINO: Nothing runs through to Goodlette-Frank -- CO:~{ISSIONER OATES: Right. ~. NINO: -- until you hit Ridge Street. CO~4ISSIONER OATES: Ridge, right, yeah. ~. NINO: So there's half a mile, more ~han half a mile. Ct~I~; BRUET: There are some median openincs in there, i looks like one would be closed -- MR. NINO: I don't K..o~; where ~he median openings are. C~I~ BRUET: The aerial identifies It looks like one may be closed and ~he new one constructed. CO~4ISSIONER OATES: I don't think there's any median openings, though, between Ridge and Illinois. C:~I~ BRUET: Yeah, there is. CO~4ISSIONER OATES: Is there? CF~I~ BRUET: Yeah. There is on the aerial ~here. ~,. NINO: We have an aerial that shows CO~{ISSIONER PEDONE: It's right here. The median opening righ~ here. Here's Sunshine -- C?~.IP2Z~ BRUET: is %here any further ~estions of staff? i think ~he petitioner can probably address some of these issues. Tom? ~. CONRECODE: Good morning, co~issioners. For the record Tom Co,recede >;~th V Group representing the petitioner. We have already had letters of no objections from county and city Page 14 November 19, 1998 transportation officials regarding their quarter management ordinance and agreement that was entered into in the late Eighties, so we don't anticipa5e that being a problem. Median opening has already been authorized by county staff, subject to some stipulations wherein when the road is six-laned, we may have to have a directional median opening, as opposed to a full median opening. In addition to that, there would be a right in dece! lane traveling from north to south along Goodlette. CO~4ISSiONER OATES: Tom, when you say a median opening, you're not talking about an additional median opening? ~. CONRECODE: As it stands right now, it looks like the existing median opening that doesn't currently serve anything could be modified to serve -- COI~4ISSIONER OATES: Enclosed or something? ~z~q. CONRECODE: Yes, sir. COi~4ISSiONER OATES: Okay. CF~I~2~ BRUET: Any further questions of the petitioner? Yes. Sorer. COi~dISSiONER TP~.GESSER: Thank you. ~o questions. First of all, this is a lovely rendering. Do you anticipate the actual site -- the actual building to have a similar character to what 7ou've proposed here? MR. CONRECODE: Yes, ma'am. CO~ISSIONER T?~GESSER: Thank you. The other question, could you describe to me, so that ! would have maybe a little better visual and a little better sense of how that emergency situation -- the emergency entrance/exit would work on 127 MR. CONRECODE: Yes, ma'am. The emergency access located off 12th would be gated for emergency access in the event that if a fire or ambulance needed to access the rear portion of the property, they could come in from 41 and access it through here, with either a locked barrier that they could take out or a fiberglass barrier that would allow them im,~ediate access unimpeded. We don't intend to have this open so that there would be through traffic that impacted the neighborhood. CO~41SSiONER TRAGESSER: Thank you. CH~I~,~ BRUET: So there's really just one physical access point that eye,lone will use, and that's onto Good!ette. A median opening, left turn directional, left in and out. Is there any further questions of the petitioner? If not, anyone in the public care to speak to this issue? Were you sworn in, Jack? ~,. LIEBEE: I don't believe so. (Speaker was duly sworn.) THE COURT REPORTER: Could you spell 7our last name for me? ~R. LiEBER: L-I-m-m-z-R. Jack Lieber. !'m a property owner on Cypress Woods Drive. This Sunday the developers met with a group of property owners Page~ 5 Nover~er 19, 1998 and e:.~piained the plans. Our only concern was the t.=.~ic on our stye~ .... which is rather high because it is a cut-through_ ~=~om the beach over to the clubs over there. A_nd if anybody has ridden on our street, you'll see that we have 25 mile an hour speed limit signs on just about every mailbox. that that makes much difference, but the effort is put there. And it was basically the consensus, i believe -- at least certainly was at the meeting -- that there was no access through on !2th to Cypress Woods which would increase the traffic on our street, that everybody agreed that this was a good progr~ and a good plan. C~2AIP24~2'~ BRUET: Thank you vez~f much. Anyone else care to speak to the issue? If not, I'll close the public hearing. COM24ISSIONER DAVIS: Mr. Chairman, I'll make a motion to forward CU-98-18 to the BCC with a recommendation of approval, with the color elevation rendering we've been provided to go along as what we ~mderstand the construction to look like. COY24i SS iONER BUDD: Second. C,w3nIF2~32.~ ERUET: There is a :notion by Cor.r. issioner Davis, seconded by Com~nissicner Budd. All in favor? Opposed? (No response.) CPLiI?2~3~; BRUET: Motion carries. i guess that's it on the -- MAR. NINO: Mr. Chairman? CF_AIPCiAN BRUET: if we could move on ~o~~;aro to COI.R41SSIONER BUDD: We're out of agenda package. COM/4ISSIONER PRIDDY: i'm out of pape-~;ork. CFuXIR/4AHW BRUET: You're out of paperwork? ~uq. NINO: Under old business, may I -- C,u-AIP/~AN BRUET: Under old business. MLR. NINO: -- may I remind you that i handed out a revision of the architectural section. Due to time constraints, we really didn't get Joe McHarris's revisions until later on yesterday, so the architectural section needs to be -- needs to supplement what I already -- and replace ',;hat you already received the day before. And we'll talk about that tonight. COM14ISSIONER DAVIS: Hr. Chairm. an? CHAIP/4A_N BRUET: Yes, Commissioner? COM14ISSIONER DAVIS: One issue that i -- since our last meeting, and I just wanted to kind of put an idea in your head for tonight's meeting that I discussed with Mr. Nino, and yesterday with Mr. McHarris, specifically in the instance of the fences. And the part you may recall, where chain link fences, we're talking about not allowing them, basically, in the front yard of commercial buildings. What I suggested to both of them, and they seemed to agree, is that we consider putting a five-year time frame in which people have to bring nonconforming fences into conformity. It's always struck me that we make these nice changes to the code, it affects the new Page 16 November 19, !998 buildings. Well, that's wonderful, and then we have all this existing stuff than still looks like the dickens. The one argument is, is that it can be a code enforcement nightmare. So I took the liberty to call Michet!e Arnold, our director of code enforcement, and I asked Miche!!e what her thoughts were. She thought it was a great idea. ~md she said no, it doesn't really present any problems for them. i know in the past this discussion came up, particularly with the Marco island overlay, about the length of time you need to put, and five years is what I came up with, because that was what was used on Marco, and seemed to be acceptable from a legal standpoint as a reasonable length of time for people to amortize the cost of the improvement. So I just ask you to think about that for tonight's meeting. And there might be some other opportunities, things similar to fences where that same sort of idea of a time in which things get made to look better again be done. COI~4ISSiONER TP~GESSER: Thank you, !{r. Davis, for your initiative. Really appreciated. CH~I~J~ BRUET: Ve~f good idea. CO~C4ISSIONER DAVIS: It seems to be working well on Marco, and they're about halfway through the amortization period. And it -- what my observation has been, as people have wanted to make a change to something, they said well, gee whiz, I've got to do this in two and a half years an~way, so they go ahead and do it to the new code. So it's had a real good effect on Marco. At least that's my observation. CH~I~2~ BRUET: Grandfathering -- not grandfathering, but something needs to be, I think, in the code to accelerate those fees issues. liR. NINO: Please remember to so instruct us tonight. COI~ISSIONER DAVIS: Oh, rest assured. C.HAI~iAN BRUET: Any further discussion? If not, we'll adjourn 'ti! this evening. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:15 a.m. COLLIER COUNTY PLA/',7;ING COM~4ISSION MICHAEL j. BRUET, C.w_z. iP24A2; T,~2~SC ..... PREPARED O~'I BEHALF OF GREGORY COURT REPORTING SERVICE, iNC., BY CHERIE' R. LEONE, RPR Page !7 ~ecemoer 3 1998 TFJ<;SCRiPT OF THE MEETING OF THE CO~=~. COo~,~: PLA~14iNG CO~.~,~SmIO~.; ~iapies, Florida, December 2rd, 1998 ~ ~ .... REMEMEERED, that the Coizler County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:20 a.m. in REGULAR SESSION in Eui!ding "F" of the Go;__.=,,e,.t' ~ ~ Complex, East liaples, Florida, with the' following members present: Michael J. Rruet Russell A. Budd Michael A. Davis Edward J. Oates, Jr. Russell A. Priddy Michael Pedone Terri Tragesser Karen Urbanik Gary Wrage ALSO PRESENT: Eon Nino, Planning Services ..a_~o__e Student, Assistant County Attorney Page .\(; ENI)..\ %¢)I'E: INDIVIDtL.\I, hI'Ii.\KIiRS ~A'I[,L BE I,INII'IED l'¢) 5 MINI'I ANY I'I'ENI. INI)IVII)I'.NI.N %I(1,ECI'ED T() SPEAK ()N ItEIIAI,F f)[: AN f)R(}..XNIZ..XI'ION f~R ~}Rf)I'P ..XRE t~NCOURA(}I(D .XNI) XlAY Ai.I,()TTEI) I0 MINt-lES I()SI'EAK ()N AN Il'EM IF S()RI(C()(iNIZt~I) BY TIIE CIIAIRMAN. 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I(.'t~ord:rlalor Stls. a:l MtJrra', the mcctlrlZ o! I)CCclnNC." I ' ',~m,',;i 0I.I) BUSINESS NILW I?,[.'SINii.SS PL.'I3[.IC DISC' L'S.'<,ION ()f: .-\DJOL'RN t2,3 9g £'C'l't .-\(ii .",D..\ md December 3, 1998 Cnr.=z=.~_,~ -muET: Good mornlnu, i d ilke to call the Collier Count'/ Planning Co~.ission meeting of Decerber 2rd to order. And we'll star% with taking roll call. Commissioner Priddy? CO!~4ISSiONER PRiDDY: Here. CHAi~'~2.~ 5RUET: Cot,missioner Urbanik? CO:.P:ISSiONER URR~;iK: Here. CPLAi~,~/,~ BRUET: Co~missioner Davis? CO:C,[ISSiONER DA'/iS: Here. C:~Ai~z~2,.~ ERUET: Co~.missioner Budd? i'm not sure if he '..:as excused from %he ias5 meeting or not. Co~missioner Bruet is present. Commissioner Pedone? CO:C4iSSiONER PEDONE: Here. CH~I~2{ BRUET: Co:mmissioner Oates? COiC~ISSiONER OATES: Here. CF3. I~32; BRUET: Cor,~issioner Wrage? CO~C4ISSiONER W?AGE: Here. CP~TM Cor~s~ione~ Tragesser? ..... ~. BRUET: ' ~ CO~'fi~ISSiONER ~=~c=cS=~. = ~. CN~i~2'~ BRUET: Any addenda to the agenda? We notice we have two continuances, beinc items O and P, and that ',.:ill be fine. CO~C{ISSiONER OATES: Mr. Chairman, i would move we continue petition number R-98-6 and PUD-98-17 to the meeting of December 17th. CO~{ISSIONER PRiDDY: Second. C?~I~{Z~ ERUET: Tkere's a motion to approve, a second -- by Commissioner Oates, seconded by Mr. Priddy. Ail in favor? Opposed? (No response.) CH~I~2~ BRUET: Mo~ion carries. Also, Ed Kan~ has asked that item N be moved forward once Don ............ comes ~n, because Ed has another engagement as soon as Don Pickworth comes, we will move item N behind the item that we're ~iscussing at the time. CO:~{ISSIONER OATES: Mr. Chairman, i am not theoretically supposed to be here, and i am, obviously, but - have to leave a~ 11:30. CHAI~{At~ BRUET: Okay. CO[~{ISSIONER TPS. GESSER: And :.ir. Chair, i'll have ~o depart at I1. CHAI~ BRUET: One, two. And i, myself, am going to leave around 10:30. We still have a -- one, uwo, three, four, five -- CO~{ISSIONER PRIDDY: We should be done by then. CHAI~dAN BRUET: By !0:307 Wonderful. Wonderful. We still will ha'se a quorum if three of us have to leave. Approval of the minutes. And there were no minutes submitted for this month. Planning Co~mission absences. Are there any for -- known, the holidays? Not at this time. Page 2 ECC report? ........ ~.,O: ~.~ the last -- -:~i !and us~ ~eti~ons .....~ ~he ~oard consis~en: ~.,-~5~ your recommendations. -,-g.,~ s the rst niciht of txe LDC hea~incs bofore tho ,o~_~. t went well. All Detitions were -- all amendments were fa';orably received. However, the next meeting of the ECC '..ti'-~ respect to '~ LDC was cozt:~,. s ~" - --- ,,,~es to ---, ~, the ~..ua.y 27th o. 1999. CHA i Pg.L~g ERUET: ,ha .... you. The chairman's resort Rot, have you had a~ opocrtunity ~n touch with Lee County or the Cit'/ of NaD!es on a CtS.!Pill,: RRUET: Please make that a priority. :,:R .;~.~O: Okay. =zr=,,-,- ERUET Thank C ....... .~ : you. I.[R. NiNO: Four stars. CnAzy2~32,: BRUET: Yes, szr. That's it from the board. We'll begin with the advertised public hearings. And once again, all you folks ',.;ho wish to speak to various issues, :)lease make out a small slip that's out in the hallway and submit it to Eon ];ino. Tha'a makes it much more organized and we can move along at a decent rate. !'!! also remind the audience that everyone will be limited to five minutes, and any individual who's =Dea'-~c on b~h,~]~ of a group would be alicwed as much as 1O minutes at the discretion of the chairman. So with that in mind, we'll begin our public hearings. Beginning with petition TU-98-7-E. And this being a public hearing, al! those wishing to speak to this issue, please stand, raise your right hand and reoeat after the court .... . - ~ epo~ ~e~ (All speakers were duly sworn.) CF3.!P2~; BRUET: Thank you. Ross? HR GOCHENAUR: Good .... ~ "" Corn.mi ss loners, - ..o ...... =, -~r the record, Ro~.s Gochenaur planning services ~'I1 make ~n~s very krief. The petitioner's actually requesting an is--~o~~ ex-=-=ion rather than a three-year extension that was noted in the agenda. That's incorrect It would - {~= · end .... on October the ~ - _s~, 1999. We"/e received no objections to the D~ition, and we do recom~mend approval. CHAiPJ~N BRUET: Any questions of staffo Does ~n_ oetitioner care to soeak to the issue? ~= - ,~ not, the public hearing ls -- does anyone in the public want to speak to the issue~ rf not, the public hearing is closed. ' Pleasure of the board? CO:.2{!SSIONER PRiDDY: October '99 is only ~! months. :{R. GOCHENAUR: Yes, sir. C~.iPd~=N BRUET: Yes, sir. ~{R. GOCHENAUR: The way this works, the extension runs from the month ~ha~ ~Ro oricina! -~ '7- ~ pe.m.5 exp~rec. So that was, I . {~> ~-.,~o~a~y use ~ ~ ' tn ...... back ~n August. i'm not sure. Whatever it works out to 18 months. COr~{ISSIONER PR!DDY: Okay. HR. GOCHENAUR: These things usually take three to four months to Page 3 get before those folks. COM2dISSIONER PRIDDY: approva! TU-98-7-E. COlm-4ISSIONER URRDJ~IK: CO[~4ISSIONER OATES: December 3, 1998 :,Ir. Chairman, I move that we recormmend for Second. think we actually approve -- CN~.I~%Z{ ERUET: We actually approved this. There is a motion b7 Commissioner Priddy, seconded b7 Commissioner Urbanik. All in favor? Opposed? (No response,) CHAIP2~; BRUET: Motion carries. Petition number BD-98-31. Fred? MR. RE!SCHL: This is quasi-judicial. C~i~ BRUET: This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Al! speakers were duly sworn.) CPLAi~.N BRUET: Thank you. MR. REISCHL: Good morning, Commissioners, Fred Reisch!, planning services. This is a request for a 20-foot boat dock extension in Lely Barefoot Beach subdivision for an irregularly shaped lot. You can see the lot in yellow. It's at the end of the waterway, which means that it had to meet the end of waterway setbacks, which are seven and a half feet, which it did. Because of the unusual shape, it was, so to speak, a challenge for Mr. Nelson to configure this on the lot, but he did, meeting the setbacks on both sides and still getting adequate extension for the size boat on a lot with actually very little water frontage. We did receive one letter of objection from the property owner, which I have highlighted here in pink, and they objected generally that a 20-foot dock is sufficient in this area. It wasn't for any view considerations or anything like that, just the fact that the property o>~er thought that a 20-foot dock was sufficient in the area. Staff recommends approval. CH~I~dAN BRUET: We've given some extensions to other individuals in that general area; is that correct? MR. REISCHL: In this area there's a lot of extensions, yes. CHAI~43d~ BRUET: Yes, that's what I thought. Thank you. Anyone else care to question staff? MR. NINO: I have a -- no, this is item B, isn't it? CH~I~ BRUET: B, as in boy. MR. NINO: I have the wrong -- I have a Tony Franza. Did he expect to speak on this issue? MR. FRANZA: It wasn't for this particular issue. MR. NINO: Okay. MR. FP3~ZA: Did I put the wrong number? MR. NINO: You said A and B on your -- MR. FP3~ZA: I meant K and L. Page 4 December 3, 1998 :4R. ::iNO: A and L? Okay. K and L, right. No other speakers. CHAiPLL~'~ ERUET: ::o other speakers. Does the petitioner care to address -~he board? ,No other public speakers? i'll close the public hearing. CO:C4ISSiO:.:ER OATES: :.!r. Chairman, i moue we approue petition RD-98-31. CO:C4I SS iO::ER PEDOI:E: Second. CHAIPI.IA2.~ BRUET: There is a motion to approve by CoPmmissioner Oates, seconded by Coz, missioner Pedone. All in favor? Opposed? (No response.) CHAiPiz.~2,~ BRUET: Motion carries. Moving on, petition RD-98-36. This being a public hearing, alt those wishing to speak to this issue, please stand, raise your right hand and repean after the courn reporter. (All speakers were duly sworn. ) CHAi?2~: ERUET: Fred? MR. P. EiSCHL: Fred Reischl, planning ser';ices. This is another request for a boat dock extension, the same general area of the county. This is Little Hickory Shores. As you can see, the lot is on a canal. It's au 80-foot canal. Therefore, the maximum extension of a boat dock without coming before the Planning Cor~,ission is five feet. They're requesting an additional 14 to bring it out to 19 feet total. This still leaues over 50 percent of the water open for passage of boats. The 15-foot setbacks are met by the proposed dock and jet ski combination. And no objections have been received. Staff recor,~nends appro'/al. CHAIP~'~-~2; BRUET: Any further questions of staff? Is there anyone wishing to speak from the public? Does the petitioner care to speak? If not, the public hearing is closed. Pleasure of the board? COM24ISSIONER DAVIS: Mr. Chairman, motion %o approve. COM~4ISSIONER URBA~iK: Second. CP~AIP/ZJ~4 BRUET: There's a motion to approue by Conunissioner Davis, seconded by Co~missioner Urbanik. All in favor? (Unanimous vote of ayes.) CHA. IP-'z~A2,; ERUET: Motion carries. Nay? (No response.) CHAIPd4A24 £RUT: Excuse me, motion carries. Moving on to petition number PSP-98-14. MR. NINO: This petition is for -- Eon Nino, for the record. CHAIP~'L:~N BRUET: This being -- MS. STUDENT: You need to be sworn. MR. NINO: Oh. CHAIPiZ~I; ERUET: This being a public hearing, all those wishing Page 5 December 3, i99~ to speak to this issue, please stand, raise 'your right hand and repeat after the court reporter. (All speakers were duly sworn.) :dR. NINO: Petition PSP-98-14 is a petition for approval of a preliminary subdivision plan, which as 'you all know is the step that usually is taken im,~ediately following a rezoning actions, and it's basically the process of dividing the property ~.nto lots and creating streets so that the de'zeioper can get on with his development scheme or the zoning for '..;hlch the property is used can be utilized. This is a phase of the White Lake development. White Lake ]s located in the northeast quadrant of Highway CR 95! and Alligator Alley. This is the first phase of that development which would create the internal road system and seven or eight lots, and in particular, a lot at the very eastern end of it for a very large development that will be kno}~ as the Shaw Arrow Corporation. As usual, staff has recor~mended a number of stipulations that have to do with infrastructure improvements, a necessity to comply with the requirements of its zoning action, nameD/, the White Lake PUD, en'/irop~,enta~ considerations than need to he accounted for. Stay~ recor~ends approval We understand that ~h~ Detit~one~ has no objection to the stipulations. However, they ',.;ill address them specifically. ~=.: ~.n7 further questions of staff~ The petitioner? MR. EOBAU: Yes. Good morning. For the record, my name is Emilio Robau. I'm with RWA, and today I'm representing William T. Higgs, and on one issue, Shaw Arrow Devices. And we are in cen~a~ accordance with Eon's statements And we just wanted to point out a couple of things. -want to enter one thing into the record and discuss the need for a side'..,'a!k across Tract 1 and 1-A of the subdivision plans. i'd just_~ike to -- regarding -- i think it's tend'~i.ion number D, the conservation area, - wanted to make sure we entered into the record_~g.,t '~ now our plans to record some of that conservation area and we have a buy=~ scheme here that we've agreed with Shaw to enter into the public record, so I just wanted to do that first. The other 'hi-c - noticed on the staff report, we've been continued a couple cf times here, and one of the previous -- you might have an old eight and a half by i! on there, and the only difference between than and ?.'hat i'm going to give you right now is this conservation area that we've -- on the south side of the lake, so i'd like to just go ahead and distribute that. CO~ISSzONm.. PEiDDY: i 11 pass them down. MR. ROBAU: And ha';ing done that, i just want to discuss the sidewalk between Lots 1 and i-A. Shaw Arrow Devices has a concern about security, and what they'd like to do, instead of a rigid sidewalk linear on the north side of the property line, is provide another means of ingress and egress for pedestrian traffic maybe along the south side of their pavement on their site development plan which currently they ~ "~ . ..a~_ being reviewed So we're really just asking to have another means oz _..g~_ss and egress on that Page December 3, 1998 CHAiP/.'-~: BRUET: tsuld you ~'_ustra~e -_nat on your sure we a!! understand. Emilio, '..:here -- :.:R. ROBAU: is ~hls on? The way we're reading the condition that a sidewalk :s going ~o be placed on the north side of Tract !-A and i up through here, and we would just like another means of ingress and egress. Their site plan actually has some road entry along the lake, and they '..;ou!d just like to incorporate some other pedestrian pathway along the south side of the road entry, which is part of their parking area, maybe a s-_riped area or something like that, rather than having a linear sidewalk along the front all the ',:ay through their property. Cn~.~.~.-~.~,~ z.~u?.~: Have 'you discussed ~nat with ~o~ is this something new or is this an issue that you've gone over? :.:R. N!NO: Having heard -- ',:e received the letter indicating that they objected to %he extension of the sidewalk through the property. That's not consistent with '..:ha5 Emilio is now saying. CHAi?f.t?-~N 5RUET: That's ',;hi' ''m asking. :.iR. NiNO: The'./' re saying '~hey would have some modified .pedestrian system.. And ' think :.;e can ",,o~-., out appropr'ate: wording to that effect, that it doesn'~ have to be a hard sidewalk along the north end. MR. ROBAU: Yeah, that's the intent, really, is to give us a =~exibi!ity to get .5edestrlan traffic from one side of the site over into the, you know, c,:!-de-sac, which is where the rest of the development will .ero-/ide the sidewalk, as stipulated on the plan. .-_~.=.=,~=~ BRUET: You don't know the exact location at this time, it's something that's going to be field driven with the county staff? MR. ROBAU: :'/ell, yes, they're in the process of finalizing their site development plan for this. They were on the fast track program. The Count,/ has been very gracious on that. And they want to incorporate that :nfo their site plan versus having a rigid sidewalk on the north side. They're ~hinking that this is connected to some ~ ~a:h And they ]ust other amenities, -occ~..g ~' cetera o';er '~ ' don' ~ ',:ant a ricid~ side:.;a~>~... The,/'. ..~a.,~ to c~-~__ peopl~ around the lake and then over into the cul-de-sac and then onto the sidewalks and then back around the lake on the south side. CHAIRMA2'; BRUET: The SDP, you get -- MR. NiNO: Yes, :.;e can work that out. CO:~.~ISSiONER PRiDDY: It would seem to make more sense to have tha~ on the lake side than on the -- ',:hat would be the back side of the property anlrway. CHAIR/42~2; BRUET: It does. it was just a little unorthodox and i · ,;anted -- MR. ROBAU: That is exactly the -- Shaw Arrow Device's comJnent on it and they just want some flexibility in their site planning. C?iAIRMA}~ BRUET: Thank you. Anyone in the public care to speak to this item? MR. NINO: There's no one registered to speak. CHAi~4A2; BRUET: if not, I declare the public hearing closed. Pleasure of the board? Page - December 3, 1998 CO[~.IiSSiONER OATES: Mr. Chairman, I move we submit petition PSP-98-14 to the Board of County Commissioners with a recommendation of approval. CO[,R.[!SSiONER DAVIS:~'11 second that, i=. you change it to an approval, since we're final authority on the PSP. COiC.[iSSiONER OATES: Oh, we are? I beg your pardon. CHAi~i~z2~ ERUET: There is a motion by Com~issioner Oates to approve, seconded by Com~issioner Davis. All in favor? Opposed? (No response.) C?~I~AN BRUET: Motion carries. Petition V-98-i7. This being a public hearing, al! those wishing to speak to this issue, please stand, raise your right hand and repeat at~e ..... court reporter. (Ail speakers were duly CHAi~2,; BRUET: Thank you. MR. GOCHENAUE: For the record, Boss Gochenaur, planning ser';ices. The petitioner =s requesting a variance to construct a boathouse at the extreme end of a proposed dock for which an extension to 92 feet has already been granted. The reason this is a variance and not a boathouse petition is the Land Development Code suecifically limits the protrusion of boathouses to 20 feet into the waterway. The petitioner has withdra?~ a simultaneous request for a second covered structure in the same dock, and that's the handout that I gave you at the beginning of the meeting. So the illustration here that shows this covered structure will no longer be a part of the application. That's been deleted. The property is located at 26 East Pelican Street on Isles of Capri, and contains about 75 feet of water frontage. The waterway is about 800 feet wide at the proposed site. Isles of Capri has been designated a state maintained aquatic preserve, and there's some question as to whether the state will issue building permits for the construction of boathouses at all. The petitioner tells me that he has not yet obtained state permits for this project. I've received one phone call in objection from a property owner in isles of Capri who wished to remain anonymous. His objection was to boathouses in general and to the variance procedures. This sort of generic objection is ~a~.iy co~on for boathouses, and the caller refused to give his name, said he didn't want to put anything in writing and doesn't want to attend the meeting. Although the existence in the immediate area of numerous boathouses protruding greater than 20 feet makes the addition of any such boathouse less objectionable in terms of compatibility, the Land Development Code was spec:=icatly~ amended in order to prohibit boathouses which protrude greater than 20 feet into the waterway. Sta== therefore recommends denial of this petition However should the Planning Commission decide to recommend approval, staff Page 8 December ], i99~, recor~mends that st: "~ ' ' ' _p~_a~ions De added requiring that all applicable s~ate and Federal permits be obtained before the county '..;ill issue building .oermits, and also, that the boathouse r. eet all the remaining ~riteria of Land . i ~ ~ . . . . . De;e_op,~e.~ Code Section 2 6 21 3 Questions? CHAiPJ,Gqq 5RUET: is ~here -- yes, Ross, is ~.e ..... reason !ook{ng at the properties to the west and east, oo~ .... ~uoe~ appear to be in the area of 20 feet. is there any reason that this petitioner cannot ccmDiy and a~c., project, so to speak, with the neighboring projects, that you can see? >fA. GOCHE~[AUE: [:o, sir, it [s compatible with the neighborhood in that, as the petitioner has shown in his photographs in the overhead, there are a large nu~er of extended boat docks with boathouses %hat go out further than 20 fee~. So as far as compatibi!i%y, it is compatible, but we did amend the code spec~. _ ~ica!ly %o .D~=';~'~% ..... boathouses from coin~_ . out further than 20 feet, so that %he star= felt that we must recom.~end denial. C~zr_.~_, EEUET: Rut there are grand~atkered structures beyonqt the 20 feet? XE. GOCHENAUR: Yes, sir, there are. "S c ..... .~ Chairman, if I might '.~ Gochenau~ and I [aiked about this petition quite some time ago. And it's our position because the land code was specifically amended to put a cap on the length of the protrusion, and there's no variance procedure at the time that amendment was made set up in the code specifically for this, as there is -- as is the case for signs and such, that a very strong argument could be made that this is not legally permissible. CHAiPgz32~ BRUET: Any further questions of staff? Could we ..ea~ from the pe-'tioner~ I<R. ~EAL: Jerry ~:ea!, representing Cus%om Dock. This application was a question to Ross as to if we could have the two items, two structures. And at the time that we had filed, we didn't see anything in the code that said you could not have ~.uc~u._s i ~..c_.s~a,,c that l,[arjorie had "~tten a legal opinion stating we cannot have two structures, so therefore, the amended drawing that you have before you only shows one structure. MS. STUDENT: if i might co~ment on that, gentlemen, members of the Planning Com,mission, allowing additional structures by way of variance would amount to a use ';ariance. Use variances are specifically orohibined in our Land Development Code and are specifically prohibited by Florida case law, and that was the reason for that opinion. CHAiF~,G~; EEUET: ~nan~% you. ~.[R. NEAL: So therefore, we're proceeding with just the boathouse, not the chickee. In your package, you should have some photographs, and also you should ha'/e an aerial. And ?;hat we're doing is replacing an existing dock that is there today, but it's been there so many years that half of it has fallen in the water. Also, on that aerial, you'll see that, especially to the east, there are two boathouses that are out further Page 9 il' December 3, 1998 than the one ,.re re requesting. And the reason we're requesting the boathouse be positioned where it is, is on that same aerial you'll see that there's a shoal that goes along the shoreline, and nhe reason all these docks are extended so ~=, out in the waterway is to be not in the shoal, but in the break point where you have some water which is offshore from the seawall. Today was t~.._ firs5 time i heard that the attorney's office= may think that this is not allowable and may be illegal to grant such a ';ariance. MS. STUDEi~T: i didn't say that absolutely '.,as. i said an a~gumen~ could be made -- and i think, Ross, didn't we -- I recall that we discussed this previously, and discussed the fact that there wasn't a provisicn in the code. There was a cap on the length of the protrusion and there was not a specific provision in ~hat section. MR. GOCHENAUR: Not a specific provision, but it was my ~nce~s~and~ng that this would be a dimensional variance, even though it wasn't on the property; that there was a legal question, but that this wasn't anything that we could decide at this hearing. MS. STUDENT: That's why I said it was an argument. I didn't absolutely say it was prohibited, I said an argument could be made because there's a question and perhaps when ~ to .~ gets the board, they can clarify it for us. MR. NEAL: So based upon the discussion this morning that there may be a question, and -- MS. STUDENT: We'll have to clarify it, Jerry.. ~<R. NEAL: '£es, and that the board's going to have to clarify it, that since we are in conformance with the other docking facilities in that surrounding area, we already have a boat dock eztension approval, that we ask the board to approve this subject to the state DEP and the Federal Corps of Engineers approval and also, the county board approval. CO~.~{iSSiONER T?~.GESSER: i have a question on this for staff. The existinc boathouses that are there should they ~cuire renovation, shoring up, redoing, what would be the position of staff relating to them being able to continue to have a boathouse if the structure of it was not sustainable? MR. GOCHENAUR: If the o}~er of the boathouse could establish that the boathouse and dock are legally nonconforming structures, they could be repaired. This would require them to produce building permits or other evidence that the docks have been in existence either before we maintained accurate building permitting information or were actually permitted to go to the distance that they have. I== they're legal structures, we would allow them to be repaired. If they can't establish that, we would not. CO~{ISSIONER OATES: What constitutes repair? i know that's -- CHAIPaMA~ BRUET: It's like is. That's like is. CO~{ISSIONER OATES: Right, is. MR. GOCHENAUR: The 50 percent doesn't apply as far as like I know to accessory structures. CO~4ISSIONER OATES: So it could be 100 percent repair. Page 10 December 3, 1998 XR. "='~ znd r, av - add -- HR. GOCHENAUR: Possibly. ..... - ...... ?ossibly. ~O,,_..~SiONER ..... =..a= if you MR. ~:~.~: -- that under the state and federal rules, replace a dock, the pilings in the same position that it '...'as previously in, then actually you're exemp~ from having to ge~ a permlt. CO:C4ISSiONER PRiDDY: But if a hurricane came through and wiped that out, would the county issue -- allow them to put back or would ' ~:-~, code of no boathouse beyond ~i~,~/ then be subjec~ ~o the e;,:~s .... Ci~i~.t~q BRUET: P,.;entf feet. CO?~{iSSiONER PRiDDY: -- 20 feet? MR. NiNO: :]o, ! think '..;e would ~ake the most lenient posture that says_~:~ we can .~rove that there's been a boathouse there for a lengthy duration of time, i think we would acknowledge that for all practical purposes, it's a legal -- or a legal nonconforming use. MS. STUDENT: i just would like to add something to that. We o~~_.,ance .t has a have a hurricane reco';ery ~- , and ~ build-back policy in : i don' have ~ ~ '~ ~e in ~ront of me, but i _~. t .... g ........ ~h~nk the extent to ',.;hich you may have ~o conform depends on the amount of damage to the structure with ',;hat's now existing, and i don't have it in front of me, so i really hesitate to try 5o delve back in :ny memory on that, but we do ha';e build-back po!icy for hurricane damage. ~_~,.x.=-~ BRUET: Any ~urther cuestions~ CO?~4~SS!ONER~ DAVIS: Hr ..... r'~'a~.man.~ ~ ' te,a~e Ross, explain to me, ~f you could, fei ~" your basis for your reco~endation of denial. Does it -- it hinges on the code being very specific, not to exceed the 20-foot protrusion? MR. GOCHENAUR: Yes, sir, the code was specifically designed to prevent that. So ! think to recommend approval in this case, regardless of the fact that it would be compatible with other boathouses and boat docks, wouldn't be appropriate. But again, i do want to stress, as ! did in uke staff report, the fac% that i'c ccmpatibie with other structures in ~he neighborhood. CHAi~.~N BRUET: But we spend hours updating uhe LDC to try to address, I think, issues almost identical to this in that the new projects that come along, we ',.;ant to pull these boathouses in and not allow them to be as far out. It doesn't do us any good to update the LDC if we continue to go back and simply allow petitioners to come in and move forward as they did !0, 15 years ago. I guess that's what I'm having trouble getting comfortable 'with here. i understand~'- is comDa, tib!e. But ~o me, the way the ordinance is '.;~tten, it's written to help begin to clean up that process. MS. STUDENT: Mr. Chairman, the legal quandary is that we have a boat dock extension procedure, and some people even call that a variance, because it works like a variance, you can get within certain parameters, in addition to what the code allows. So this is sort of like a variance on a variance, if you will, and that is the, you know, quandary that we find ourselves in. Page !i December : 19 And there are provisions in the code, Mr. Neal's quite correct, about variances being provided, allowed for dimensional requirements. But since we already have a process that really is a variance, it's like a variance on a variance, and that's the quandary, and i think we'll need ~_o have our ~oard of County Co~,m. issioners address it and clarify it for us. And ~ha~ was -- you ~.'.' ~hat's ~ ~.oiicv, argument or ~h~ rationale behind my concern. CO:C{!SSiONER ~._DD'f: Xr ..... airman, i nave a question, ~oo. :;orma!!y, when a eet!~ioner comes in here, they";e already gel DEP or s~ate, oLher regulatory agencies' permits and approval before ~hey ge~ to us. Is that no~ the normal -- MR. GOCHENAUR: That has been my experience, tha~ generally they do have 5hose permits. Generally. CO,,=~zSazO~m., PRIDDY: Because, you know, if 5here s some question as to whether, you know, ~he state's going to allow %his, it may be a moot point %ha~ -- XR. :iEAL: ThaL :s something we '.,;i!' have to address, but ',,;ha~2 we do normally :- .._ '' ~irst so ~ha~ we can show ~he state than ~..'~ have ~h~ county Dermi~, and then '.,' e~ ...... n_.. we ge~ thaL, ::hen we are shov;in~ ~he s~ate, v;hich they ask in Federal government, ~ ..... agreemen% '..:i~n %he Growth Managemenc Plan. So a Io[ of the projects we go for tlne county first when we're doing nlnis kind of permitting. CF~IP/Z32; BRUET: Any further questions of the petitioner or staff? Anyone in the public -- !'m sorry, Jerry, are you all set? MR. ?:EAL: Yes. CHAiPJ~,~ ERUET: Okay. Anyone in the audience care to speak to this item? MR. N!NO: i have a John Hude!!. CF3.1P2,~2.; BRUET: Yes, please come up. MR. NiNO: H-U-D-E-L-L. C~3. iP1~2'~ ERUET: State your name for the record and spell your last name, please. MR. HUDELL: My name is John Hude!l, H-U-D-E-L-L. I o}m the property at 30 East Pelican Street, which is a couple of doors from them. It's one of the -- one of the properties where the dock sticks out quite a bit. The property is on the end there. My neighbor is with me here, Mrs. Kennedy, she ov,~s the property on the other side of me. They've gone out that far, because as you can see, there's a big sand bar there, and they were that way when both of us bought the properties, they were already existing structures. They had to go out that far in order to acco~,odate some kind of big boat. The objection i had -- I didn't realize at the time that the chickee hut had been nixed, or they had withdra}~ that, because as it was, when I'm sitting on my lanai, like all of us in there, we like to watch the sunset on the Gulf, and the construction of a dock with a boathouse -- and ~'m not even quite sure what the boathouse entails Page 12 December 3, i998 is ..:' ~o~4 .... a covered structure, is it an ~-~_..__o~_~,~,: structure? -t kind of depends on the point of vie'..; as far as the obstruction of my views. The way -- I brough~ some pictures here and !'ye had a death the family, so i wasn't able to submit it all ~o everybody ahead of time, but it would totally obscure my views of the Gulf, the sunsets. Now tha~ the chickee hut has been dropped, I'm not quite sure what that would mean, because I'm not cuite sure exactly what this boathouse ennails, if i~'s actually going to be enclosed or jus~ a covered structure. CHAiPZ.L~2,~ ERUE?: Ross, i take it that it's an enclosed boathouse. MR. GOCHENAUR: No, sir. By definition, the criteria that I referred to earlier state that a boathouse has to be open on all four sides, so it's covered but not enclosed. CH~iPZ,LZZ',~ =r,U=~:, sorry, a roof MR. GOCHENAUR: Yes, s~r, the roof has to be compatible with the roof of the main structure, and it cannot be enclosed. MR. HUDELL: That sounds a lot better for me, because -- there was also a worry, non only from the obstruction of ';iev;, but also, i've been living there about seven years, and !";e seen a number of storms come through. Three or four times I";e seen the water get ~o the top of the dock, and certainly threatened the structures, and Georges had just made a little dip like it was supposed to or if Mirth had come north a lit~l_ cuicker than it did none of those boat docks would be there right now. it would be kind of like a dominos type of effect. Anything -- I was worried that anything that far out in the water, a boathouse and a chickee hut, that would just be coming apart. The swells would dig underneath my dock and pretty much wipe my dock out, as well as my neighbors. And I think that the chickee, before I found out about this -- dropping that, I was afraid that chickee was going to end up in my lanai, i'm sure it would have, as a matter of fact. And basically that's just ',.;hr i came here. CF3. iPI.~2,~ BEUET: Thank ';ou Any . . ....... e_ speakers to this item? if not, i declare ~he public hearing closed. Pleasure of the board? COI~4ISSIONER DAVIS: Mr. Chairman, i'll make a motion to forward V-98-17 to the -- I guess it's the BZA, with a reco~endation of approval, contingent upon their finding that someone can apply for a variance in this case, and with the cogent '_hat what we're talking about here, there's a boat dock extension, so the distance out is already approved. So what we're talking about here is whether or not we're going to have a roof. So -- C~.IPlZ~; BRUET: At 20 feet or 92 feet. CO~<ISSIONER DAVIS: There's going to be a dock at 92 feet -- CH~I~; BRUET: That's correct. COI~ISSIONER DAVIS: -- either way, so all we're talking about here is whether or non they can put a roof on it. And my motion is to reco~end that yes, they can. CHAI~ BRUET: is there a second? is there a second? If not, Page 13 December 3, 1998 motion dies. Pleasure of the board? COi,~ISSiONER OATES: Mr. Chairman, I move that we deny petition V-98-17. COI~R4ISSiONER W?3.GE: i'll second that. CHAI~3~; BRUET: There is a motion to deny -- well, actually, recor~end denial by Commissioner Oates, seconded by Commissioner ?;rage. All in favor of the -- all in favor? Opposed? CHAI~! ERUET: Opposed? COI~4ISSIONER DAVIS: Aye. C?~I~XN 5RUET: [4orion carries one vote against. Thank you. We'll move forward with petition PUD-92-16(1) . This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Ail speakers were duly sworn.) CHAI~; BRUET: Thank you. IdS. !~RP~.Y: Susan Murray, for the record. The subject site is a 15.26 acre parcel, which is located at the eastern terminus of Wiggins Pass Road. It was originally adopted -- excuse me, it was originally zoned PUD in 1982 to allow for commercial and industrial land uses. These co~yunercial and industrial land uses were intended to support the industrial uses associated with the property immediately abutting the subject site to the west, and that is currently developed with the Krehling concrete plant. Approximately 75 percent of the subject site is cleared and is currently being used as storage area for finished concrete products from the Krehling concrete plant. This petition basically accomplishes two things. It allows the petitioner to comply with the sunsetting provisions of the Land Development Code, and it updates the PUD document and the master plan to be consistent with the current LDC requirements. Consistent with the Growth Management Plan, this petition does not purport to increase the intensity of uses from those which were originally approved in 1982. In fact, the uses originally approved in 1982 are virtually the same uses, which are a part of this subject petition. The overall area of the site is not proposed to change. The original PUD master plan did indicate three development tracts, two which allowed for com~,ercial and industrial uses, and one preserved tract. This petition proposes two development tracts, allowing a mixture of commercial and industrial development on one tract and one tract as preserve. It also identifies the two driveway access points which would be permitted from Wiggins Pass Road. Staff is recom~ending %hat the Planning Co~nmmission forward a recommendation of approval ~o the Board of County Com~.issioners for this petition. We have enumerated four conditions. Numbers two, three and four pertain to landscaping and land uses adjacent to the northern property Page 14 Eecember s, 19~o boundary. On the northern side o= Wiggins Pass Road there's some agr'~cu!J:razly zoned property '."-{c~ is currently undeveloped and those conditions are in%ended ~o protect any future residential de';eioDment which may occur there. Add:-:o~l-,., '..;ou'~ .i-~ ~o read in amour, er st:~u~ation need %o add %o %ha~. Just yesterday ! received the required flux map for our.o!anninc services envlronmen~al depar~men~ ~o ~.'-{~',._,~_.., and they have no~ had ~he oeeor~un~ty., to ~,.~_e,,{" that. Upon the~_. review, ~he preserve area :ndlcated on th~ - ~ ~ . ~ . ,.,ao..e. Dian may chance As such ! would ~:>~ , ~ .... %o read ~nto the record shall submit the requi~-d flu:< map for the planning services enviromT, ental staff's review and approval, and that should staff determine that the preserve area indicated on the PUD master plan is insufficient, tkat the PUD master plan would be revised three weeks prior to tko hearing before the Board of County tom.missioners to accurately .... ~=f~=~t~ -h= ..... ~c~'ired.~ ~reserve. area as recor~nended and approved by Co!~i~r County en':i ...... ] ' · .... ,~_ -- excuse r,e, you have not had CHAiPi.L~ ~RUET: ;~n,' f .... chance ~o discuss ~i';e or -- the flf~h item that you just read MS. :,~RPAY: No, - have no-. We jus~ go~ this yesterday afternoon. So this was dev~spd yesterday af' i did receive approximately five letters in objection to this PUD. The major -- all of those letters really discuss the impacts of deve!opmen~ from the ex.s~Ing concrete plant, which is not part of this peuit!on, although it is under the same o'~mership. CHA!PZzS-2.J ~RUET: is the petitioner here? Does the petitioner have someone ~o speak ~o the issue? Okay, just one second. I want make sure the staff is ail zeE. I d~dn't see Ms. Bishop here, so wan~ed to be sure. If ~here's some issues here and the peui~i'oner wasn'L represented, bu~ we -- you're fine. is ~here any further questions of the staff? If not, does the peuitioner care uo address 2he board? MR ..... P~'"'=~.~.,~,O.,D:U ~a~>.,. 7ou, my name is David Crawlord, ,~ represent Kreh!ing industries. We think thau scarf has done an exceilenz job on 2his and we agree with basically everything that's in the report. We do have a couple o~ concerns ',.,'~ would ' '~ ......... ' - - - ~ne to address. - ~4~. 2hey re fairly minor bun somewhat -roub!esome for us. For the stipulation, we have no objection to that. We didn't get the flux maps to them in order, and we'!! stipulate to that, and that's certainly an appropriate thing. We have two concerns, basically. One is, as you read the staff reco~,endations, they talk about adjacent to Wiggins Pass Road. We would just like to more clearly define what that means. And I would pass this out, if i could, some language, and it really hasn't been given to staff, so it's kind of a surprise ~o them. i apologize for that. On one and two conditions, we have no objections ~o those, and on three and four, what we're really requesting is that '...'here it says Page ! 5 December 3, 1998 adjacent, we replace that with 50 feet. Fifty feet is '..;hat's in the -- consistent with the zoning category for industrial ,to agriculture, and we're just trying to more clearly define that distance so that in ~ ~ the = = the future ~ sta~_ changes or people change, we know what adjacent r, eans. I also added a fifth condition which would say that if the property to the north is ever used for 'anything other than residential, then both the conditions two, three and four would be voided and fha~ we would fa!~ back on to the ~UD ' '~ ~ , ~ - ~ cocu .... nt as ~t s wri[5~. And that's the only two things that ! have to say, and i'd be glad to answer any questions. CHAIPiG2; BRUET: Susan, do you have any co~ents on a couple of the issues here -- MS. i.~RP~Y: I'm reading them quickly. Cwz~='"'~ m~UET Okay, ~ understand. MS. :.SJRP3.Y: Perhaps if --Mr. Chairman, I'm sure there's some oub!ic speakers S=rhaDs i could comment .... - a~te_ the public speakers. CHAiP2~2.; RRUET: Yes, we'll let staff digest those. MR. CP3.WFORD: That's my fault and I apologize for that. CHAiPP~2,; BRUET: Le~s=~=--~= diges[ those for a few minu~es. MR. CPAWFORD: Sure. ...... · ~.U.2, ERUET: Those that ',;ish to speak to this -- "~ El!iot~ Burd. ~'~... NINO: Ci~Ai=u~' .... ~ ERUET: Could the other people who are registered -- could you read out the names and we'll line them up along the wall. MR. NINO: Moorehead and Havemeier. CH~AIPd~ RRUET: Please simply stand over adjacent to the wall and when one speaker is one, the other one will be able to move forward. Thank you. MR. RURD: My name is E!!iott Burd, B-U-R-D, !'m a resident of -~. Place , ' ' ' ' P~ ..... Wes[ wn~cn ~s within the :00 foou area of where the plan% is !ocaued. We're a !it%le concerned about any additional permius in this area because of the exisuing noise and disrup[ion from ~he plant that we in the area are now experiencing. And all we're asking is that before granting any addiuional permits, the County, I think, has an obligation to determine what additional impact that this new deve!opmen~ would have on our residential areas and our way of life here. That's roughly what my question is. C~IP2~2,; BRUET: Thank you. Next speaker? MR. ~,OO ...... ~.D:_ . ~ A. Moorehead. I live at 1156 Imperial Drive, Park Place Wesm, Nor5h Naples. Basically, we did no5 find ou~ abou~ this until la[e yesterday afternoon, so we have done no homework. There was no opportunity. is the present opera,ion of Krehling considered light industry? CP~.IP~Z~; BRUET: i would no[ uhink so. MR. NINO: We don't have a category of light or hea~ industry, we jus~ have a classification of industrial in the code. Page 16 December 3, 1998 MR. MOOREHEAD: Okay. ~';el, our only objection would be to any more industry in that area. The :.;hole character of the area has changed from the v~_= ..... oeg ........ g of Krehling. It is now residenmiai and com~erciai, but dominannly residen[iat. And when you wake up vroom, vroom (phonetic), and you go ct, vroom, vroom, for 24 hours a day, seven days a week, it is ridiculous. I know in isn't your problem, but the county noise ordinance had to be written by ......... ~ s attorneys. Iz is ridiculous ~hat that can go on, and anything addinionai would be adding insul~ no insult. And I don't believe I'm exaggerating one bit. Thank you. CF~IPd~; RRUET: it's for the first and second speakers, i~'s my understanding there are no use changes. MS. ~RkAY: Correc~ CHAIP2~.; BKUET: l.[r. Krehling plans to do '..,'kan ke could have done in years prior. He's simply going ~hrough an a~mlnis%ra~ive process here. So there are no addiBiona! uses beyond what he could do in the pas5. >[E. -~OO. ..... ~D. Okay. As · say, we didn't have a chance to do our homework. ..~,~: Well, another -- ..... ~4OO.,:nz~.D: ="~ any additional industry in that area 3us5 is not right. :.[R. >~:~;0: With respect to that question, ~hough, sir, another oppor%uni:y will be afforded you before the Board of County Commissioners. This is not a final decision [oday. MR. MOOEEHEAD: ~ understand [hat. But by the same token, i feel tha~ it's important tha~ it go in the record :hat we're saturated wit:h sound. C73. I~25 BRUET: Thank you. And it is in 5he record. Step forward, please. ['IR. 5~.VEMEIER: My name is Ken Havemeier. i'm the presiden5 of Albion Lake Condo Association, and we too are concerned about the noise factor and %ha5 particular a~a - "-'=~ ' "' it' it .~ ' ...... o~.s~a,,c now s a i tle d~feren: ~nan what I -- was firs5 brough: :o my a~tention. C:~AIPS'~2~; RRUET: Yes. Excuse me, remember, there is no e:.:pansion change. They planned -- wha~ he could do in 5he past, he can still do in [he future ~o than parcel. MR. ~3.VEMEIER: The ie[ser, as such, does no% specifically explain that, and there were many people who jus: received it, including myself, wi[hit the !as~ week, so we didn'5 really know what was happening. CHAIP2&:~ RRUET: :':e j'ast want to ge5 you comfortable with that. :<R. HAVEi4EiEK: Thas's correct, and I understand and appreciate that. CHA i P~.~2~ BRUE?: Okay. :.[R. HAVEMEiER: So any%hing that happens in 5he future as far as additional expansion of tha~ plan~, I'd like :o second the same motion of wording, wha~ ~he gen%!eman before you has said, tha~ we would like to be informed abou5 Page 17 December 3, !998 happens, because it does affec-_ each and every one of us as far as noise ~- ' ==c~o_ and blah, blah, blah. So any development in the future, we certainly would like to be well aware of. And other than that, i guess the procedure, do '..,,hat you have to do but I would !~-~ to, at ..... .-~..s time, go on record az such that any future expansion, that we definitely are known and we i:ave a chance to express our opinion and our feeling. Thank you. C HA i ?d,?._"; ==U=T- ~'- ........ a .... 'you. · -= - , .... Cha~ rman i tnl:!.< :~-'s 'mportan[ ~o :{R :.ii:lO: ~ . may v~ _ , . .... poin~ out ~o those people ir. imperial Golf Courses -- the development., that this is an opportunity, however, for the PUD to be enhanced te mitigate against perceived problems that Imperial Golf Estates may have. · i mean, here's an omso.. -.-.n~t'_ y since the -- the document ~.s' no:.,, being opened for reinspection There is a window -' · ~na~ -- you know, in much enhanced !andscasing. , for example. I don'', thi-'-~.,, this window offers an oeDor-_unity., to ..-_~,'ate their abi~{t-!__ to deveioo th~ proDert', for cor~merciai indus~ria! p':rposes, out it does o~_=_~=~ ':s an opportunity te introduce and enhance deve!opmen-_ standards that would create a better separation between imperial and this .~roeertv. ;,nd .'-hink you ought to think abou~_ that. ' ' CHAi?i.tA2,: BRUET: And this comes about through the ne:.; Land Development Codes with respect ~o buffers and the like that the owner will have to comply with ',;hen he submits for a building permit and a site development plan. MR. HAVEMEIER: :';ill "-here be some more considera-_ion given ~o this then, or i mean, is this going to be the final -- CHAi.-~.tz2j BRUET: ~;o. ! think that's wha~ Rot is saying. It certainly ;;ill be given more consideration. MR. PLAVE.MEIER: ! would surely appreciate a little bit more time on this and maybe a !: ~ re =t=.e r.c information so that peoele understand ',;ha~'s happening. I can appreciate your :.,'ording, sir, and i think '-hat's very good. Again, i don't want to repeat myself, but we really want to be informed of what's happening. C0~4ISSIONER OATES: This is scheduled for the -- MR. FS~VEMEIER: Because the gentleman -- excuse me. The gentleman before me that said about the 24-hour noise problem and so forth, the level of noise may meet the standard, I'm not saying that, but when you sit on 'your lanai on a Sunday -- on a Saturday or a Friday, I should say, and you want to visit with some people, it just shuts you off like that. ~ mean, it's ridiculous. But we understand t'-=~e has to be someplace where they can make the cement block. We reaz~ze~: that, but we feel there can be some negotiation going on on that situation. CF~I?g4A2q BRUET: i would dare say, when the plant was established, there probably wasn't many residential properties around. MR. HAV--zJ4EIER: Right, i agree with that. .... ERUET C~.i?2lzHW : Times have changed, and -- HR. · '-'3.~;EMEIER: But we just don't want to double the size or make Page !8 December 3, 1998 it worse -_kan :.;hat it is, and Derhaps some other consi{[eration by the owner so far as numleer of hob:rs being used. ~"~ leu~ ~, .... fy- ~ hours a day, ! think, is unnecessary. -f he needs more expansion t~> build more block in a 12-hour period, so be it, but 24 hours a day is uncailed for. Thank you. ..... ~ .... ERUET ~ r~. ~, ,.=-xI : Thank you. CO:,S{iSSiONER OATES: Sir? ','~ H=V=',~E7 ER: Yes nO',nzmcc~n'.~rm O:-m=c: This meeting ~hm lena~ hear:ng : ........................ ,s scheduled for ~he January !2th, 1999 Board o= County Com,mlssione:'s, so you should have -- MR. HAVEMEiER: January 12th? CO:C{ISSIONER OATES: -- six weeks to -- January the 12th, yes, sir. MR. PAVEMEiER: But will we be sen~ some information at least 30 days ahead of time? Can we get some kind of description -- MR. NINO: Eu~ you'll have the opportunity to -- ~he point I was ~'~f~ng ~ ~o -- you'. __~ ~ have the opportunity to confer amongst yourselves and ccnsu'n further with Susan Murray to de,ermine if there is an : .... ~ ~he level of separation between you and opportunity ~o ,..,p_o,_ . Kreh! lng. MR HAVEME ~ =u ~'I~ ' . . , ' . =_..: .~ don n want Eo stOP the operation that s not the Doing. We just wan~ ~o live with it and have them consider us people around the surrounding area, including imperial and the people nort~.. and whanever ~se.__ ~ mean, i think that's jusE ihe normal way of operation. Thank you. C..~u'~',~, .... BRUET: Thank you once again. Yes. CO:.Z.:ISSiONER TP~.GESSER: Mr. Chairman, would it be possible for -- slnce, to enlighten us a __~tt!e more here on the .~-,c~.~..~.~..~ Board and also the people 5hat are here on this issue, if the pe'2itioner could civo a briei narration as fa~ as what ~ sees as ~- ~-'~:~'~ t~s that CHAiP2{~2,~ BRUNT: Ac~ivizies with respecz zo spec:lic development? CO?2{iSSIONER TPAGESSER: if the petitioner has an understanding at ~his poin~ what he plans lo do in the way of uses ',.;i~h this site. CHAIRPERSON BRUET: He certainly can share with you, i would imagine, wha~ he knows a~ this time, absolutely. COZC{!SSiONER TP~GESSER: Uh-huh, exac~iy. Nu CP~.n=ORD: Very good question. I don t believe that I can really ~el! you much o~her than what the uses listed in the PUD -- you know, ~he o%,~er desires ~o have the options to do all ef those. Z ~hink ~he complaints -' -~n~ ;.,'~'ve heard this morninc~ is really abou~ the exis5ing opera,ion, which isn't what we're listening ~o today, and -- C0[CdISSiONER TPAGESSER: So you're not that far along in this to nno,; wha% you re going 5o be doing there? MR. CPS. WFORD: i think there's a range of opportunities and a list of uses that are similar to what's already available there and what was approved previously in the original PUD document, and of course, my applicant desires to have that full range of opportunities Page 19 ia order to continue his Business, as has been done in the past~ which has been 5iqere a very long time, and, you know, prior to all the residen~ia! deve!ogmen~ that has 5aken place around it. And im's already buffered off pretty decently. And '.,.'ham is being complained about today, you know, the buffering %here is no% going to change because of an existing condition. The new PUD document, we've worked with staff in buffering, and the wording in the new PUD will buffer ~ff as much as possible to the future uses. For example, %he south to imperial, i%'s a 50-loon setback on the new PUD in order 5o buffer :hose t~es of noises, and there's also a large wetland area there that also buffers it off to the south. So we think we'-se a!read'z, addressed ~hat issue, and hoDe~u!ly. ~ ~:~ won'~ be a p_oo,_m ;~ the future ~o the existing residen%s. CF3. IP2,L~; EAUET: Thank you. ,'~... CP3.WFO9. D: don t know_~_ -- ~.~"~'.'=~' 'zou.=.._.=c ~ r .:~estion very we l i. CHAi92C~; ERUET: Thank you. Very quickly, please. 14R. HAVEHEiEK: Very quickly, i just wan~ to make sure that we are informed of exactly what the in:en~ is ~o e:.:pansion. It says here addinc cor~,ercial and ~ ~gh- i~m,,:-~ develo.cmen~. We want to k~ow ~he '~:~ c ........ o.. and what the plan is ~o build %here on that site. This man just sk~r~d .... around, as far as I'm c~-~rned, what he was try~c ~o %~i i us .... ~ -- . ~ wana to know, and our people wa~t to know, what will be expanded. Are we going to build more cement block, or what are we going to do, and what are the hours going to be, so tha~ we don't have an additional noise problem from whac we already have. Thank you. CO1~4iSSIONER DAVIS: Mr. Chairman, I'd like to give the speaker my copy of ~he staff report and petition. I4R. NI~;0: Do you have the PUD document there as well? CF~.iP~2.; BKUET: Yeah, the PUD is wha% he needs for the uses -- I don' t '' ~ ~> ~n ..... we have the PUD. C0,'~4-SSiGNER DAVIS: i don'% tnzn~ we were given 5he PUD. CHAIP2Z3M RRUET: ~- ~ could recommend ~na5 you s%op in and see ~he county s~aff within the next day or so, because %key' !1 review the PUD with you and they'!! help you form a full picture of what Krehting can do and canno~ do on %ham property. HS. F~K~3. Y: Hr. Chairman, I've men with several property owners in the neighborhood, met with them and given them co~ies of the document, and i'd be happy co do ~hat for anybody whc'd like to come in and -- FiR. HAVEMEIER: Are you speaking of CF3. IP2.~J RRUET: Yes, either staff me,er will he able to provide you all ~he information on, again, the uses tha~ can take place and those that cannot, and ~ha~'ll help you formu!ace -- and I'm sure they'd! give you the proper dates ~ ~ - ~o. future hearings. Okay? ~4R. F~VEMEIER: Thank you. C~.IPI~,; BRUET: You ' re welcome. Is there anyone else in the audience, Ron, that ts signed up to ~a~ 20 D~'~ ~ ~ i998 speak? MR. :;i::O: No, %ha-_'s it. ...... ~', : %here are you no - ~ speakers ...... .~,o.e , i will close the public hearing. Pleasure of the board? CO:~ISSiONER WPAGE: Don't we need to go back to Susan -- CPL~IPI~}; 5RUET: Excuse me, i'm sorry, i'm sorry, my apologies. XS. !~RP3. Y: Susan Murray, for the record, i'1' just go through %he !is~ that was handed out to you. Staff= doesn' % havo.. ~ a .problem with r.~Der one, ~2moer' 5wo, obviously. We would prefer to revise the language of number [hree to read that development within 50 feet from the required setback of the northern property boundary of the site shall be limited to co~ercial t~e of land uses. Any t~e of outdoor storage shall not be permitted within 50 feet from the required setback of the ~' no_ _ne.n property boundary or in association wi~h a structure or use within 50 feet from ~ho setback of the ~ .... o ...... n property boundary. Number four i'd like to be revised ~o say the r, aximum height of ..... u~es _ocated adjacent to %he northern property boundary shall be ....~{mi~ed ~o ~5 feel, a minimum of 50 feet from ~he .eq .... .... ~d setback from tR~ ~' ~ ~ ~-. ~o_ ~e.~ ..- p.~pe.~y boundary. Five, _=~af~ acroos~ -~ ',;i'~.., wi[h'tee., understanding ~hat the penitioner unders[ands that all other applicable provisions of the PUD and LDC shall apply. CO:~4ISSIONER OATES: You still want your numar five? MS. ~RPAY: That's correct. CO~e~ISSIONER OATES: Right? MS. ~RP3. Y: Yes, with regard to the flux map, that's correct. CO~C~ISSIONER URBA2:iK: Susan, you were saying in number four, you a .... c ~o keep ~ne 25 fee5 as ~he height? ,~o',;, are you speaking about above flood plane or a~ grade? '~S ICJRP. AY: It would be a~ grade, or ~ "· ,rom which -- at grade. And i just wan5 to clarify, because 5he reason eu~ those s~iputations in there was because the setback requirement from the perimeter -- and again, it depends how the property is developed. it's subdi'zided, it could be different., bu~ the northern property boundary setback is 30 fee~, so there would be no development within that first 30 feet, as far as structures go. CHAIP2~ BRUET: Does the petitioner care to address those ~wo items? MR. CP3.WFORD: i believe we're in agreement wi[h -- it's really 80 feet setback is wha~ we're ~alking abou~ and we'l~ stipulate to that at this ~{ ~ _~e . CHAI~; BRUET: Thank you very much. COmmISSIONER TP3.GESSER: I have a transportation question, and Ed, I see you're moving to ~he back of the room. MR. ~T: Just taking the long way around. COmmISSIONER TP3.GESSER: Mr. Kant, you and I have had a discussion abou~ the ~ -~ of -n~.section Wiggins Pass Road and U.S. 41, relating to the Circle K and some of those -- the fact that there's a December 3, 1998 median headinc off onto that ~.. -~ ' · : .... a~_ roac going to the east, and tilere -- i trying to refresh your memory as La. as some o~ those safety issues. In reading these documents, do I interpret it correctly to say that in the process of this petition moving forward, even though this is a private road, some of the access issues and safety issues resulting from th= intersection and the road going east can be addressed effectively? ~0 ~. ~Ud~T: i wou~d 1~>= to think the answer ~ a snor~ and sweet yes, but unfortunately, being an engineer, nothing is ever that simple. The stipulation that we've put -- that we've requested that the planning staff put in the document is that they provide an intersect:on analysis for the Florida Department of Transportation review. :~ow, we stipulated Florida Department of Transportation, because as you're aware U.S 41 is a state , · u~,.sdic-ional roadway _at .... than a county j~,~' .~~-=cictional roadway. However, because of our working relationship with ~he FDOT, i'm sure that '...'e whatever they submit. The issue car~e up because that roadway that keeps being referred to as Wiggins Pass Road, which lies on the east side of U.S. 41 fact, a private and not a ~ubiic roadway, although ~'- is used by the public. It is not publicly maintained. We have had some issues in the past where we have -- where we've requested some fixes, if you will, because of the Circle K access and because of the large -- nur~er of large trucks. And ! think that in fairness to the applicant, they've been reasonably responsive in making those fixes. Unfortunately, the nature of the traffic that's going in and out of the Circle K is such that -- and because of the location of the Circle K's driveways, that creates a problem. I think it's safe to say that if that ',;ere a blank piece of property and were coming in today for approval, that that driveway wouldn't be where it is. Unfortunately, we have to live with what we have. That's the long answer. The short answer is that we do need to have some type of intersection analysis, and again, because this is a new PUD, we can request in at this time. Under the old or under the ezisting conditions, they would not have been required to do anything, exceot as Ms Murray has ~"~ ' they - . po .... eG out, - could jus~ simply build according to their plan. So we think we have a little bit more of a control at least to tell us if we're going ~o have a problem, and then if ~here is a problem, we can add some mitigation issues to any site plan approval stipulations but at this ~, , . , po .... I can t tell you it's going to solve the problem. I think that at least it ',gill help us to recognize where the problems are. One of the other issues, as you may be aware, is that U.S. 41 is going to be siz-taned in that vicinity in about a year, i believe, they're going to be starting up there. That may address some of those issues, but my latest look at the plans doesn't indicate that they're Page 22 December 3, 1998 going to go too far into that road. They simply are going to improve th~ intersection within their right-of .... ay '~' ,n~,,g. ~ . Krehlzng doesnt So it may be a .~me dependent ~' ;~' -~ Mr ' ' begin doing any work over the ne:<% two or three >,earLs, i don't antici~a-~ ',;ou'~__ s~ any chanc~ i:~ he has a si~ ~:en that r'o~es in, obviously, that's going to be the trigger that .qlves u's the right to require that analysis. I realize it's a rather long-winded answer 5o your question, but that's -- that's the best information i can give you at this point. CH~'-,i?2.L~_.'; _=EUET: That was a good yes or no, wasn't it? MR. ~%;-..":T: That was a good definite maybe. CHAiPt'L~-N BRUET: With that, are there any other speakers to this issue, and does the board have any questions of staff or the petitioner? COMt,[ISSiONER DAVIS: - do. CHAipI~-zt'~ BRUET: Good. Cr'""z~cciONER DAVIS: '.'~ ';~ ~,- ' ............... u brought up a point about the opportunity we have here. What about increased -- have you provided_ the .~cuirement_. for increased buffering where it would have effect on Imperial? :,IS. :.7JR?3. Y: Well, no, and the reason being is ~hat because that site was there for such a long time, what's happened is anything that's kind of come after the fact has kind of buffered ~tself in the layout of its land use plan. Specifically, they've got a golf course area th~:.re and a significant vegetative buffer on their side, and then again, a portion of the preserve area also provides a buffer in addition to the required landscape. CO~<ISSIONER DAVIS: An older PUD like this, is there much buffering ,',hat was required at that time ',;hen uhe cor:nercial -- Kreh!ing's comr, ercia! plant %;as put in? MS :,~RP~.Y: '-~'s not speci~; ~!y .... ~ca~ spelled out in the PUD document, so -'m goinc_ -o say probably no, because %ke ~_~r' nas' been amended q~:ite a bit with regard to landscaping requirements, and they, as yo'. know, have j,:sz increased sicnifican5ly. COIC<ISSIONER DAVIS: So that's ',..'by ~_n your star'~ report you dealt: with buffering for future development, if you ',.,,ill? ;dS. 14URP_AY: That's correct. CO:~4ISSIONER DAVIS: Okay, Khank you. CHAIRMA~N BRUET: Any further questions from the board? Any further speakers? MR. NINO: No. CHAiR/,L~2~ BRUET: if not, - '..,'ill once again decl~_~re t:he pu'b!ic hearing closed. Pleasure -- CO¥2~ISSIONER OATES: Mr. -- CHAIPt-tz~ BRUET: Excuse me, one mordent. CO:C4iSSIONER TPe. GESSER:~'m sorry, ~ do have a question ~or the petitioner. CHAIPt~At~ BRUET: Okay. COMt~ISSIONER TP~AGESSER: This relates to the transportation issue Page 23 December 2, i998 than,.~'.'~. Kant -- :.:.-,. C.~.;~:Or.D: 'm going to bow out to our transportation e:.:pert. CO:.£.:iSSiO?;ER TP~.GESSER: I see this as an opportunity to maybe solve a safety issue and incorporate it into the development plans for your proper~y, because :.:hen this project does go on line, we will see more activity at the Circle K, and we'll see more activity in the intersecticn there. So what i'd like to hear from the petitioner that at the time you come in :or your final approva~::, that you have worked with staff to deal with the access issues and safety issues that would possibly be involved on the property, ,eri';ate road of your client. MR. JARVI: Yes, since I haven't spoken before, my name is Reed Jarvi with Vanasse and Daylor, for the record. ~r believe -- yes, we ',;ill do that. ~he~e~ are some access ~ssues,' as Ed mentioned earlier, that we won't have control over, like, you know, we can ccntro! to some extent the roadway, because it's a przvate easement, ant if there are safety issues invol';ed with that, you know, '...'e can look at those ;.;hen '..re actually do ~:ur deve!opmen~. But, you know, access of the Circle :4, ;;e, as a pri'.'ane developer, have no co,.=~o~ over ~..a~. Now ;':e ',/ill ;.,'ork '.,~'~ staff · · , ~ tot.._~ iTM-.,.~ ~ tha~ ',.'e carl, 'out, you know, we can't or :.;e'l! modify it, because that's not within our purview. CO:C4ISSiONER TP~.GESSER: I understand that. But there is, on your private property, a concrete median that adds to or compounds all the traffic movement issues at that area that relate to the use of the Circle K. So you are part of the solution to ~his. :dR. JARVi: Yes. CO:C.[iSSiONER TP3.GESSER: And i would appreciate yo~:r recognition of that. MR. JARVi: Yes. i mean, within the right-of-way -- or excuse me, easement, the roadway, certainly we'll look at that and be working with both county staff and the DOT staff ',.'hen it comes to that point as part of the permitting process, and we would voiun[eer to do that anlr,;ay, but we are required to do that as part of the permitting process, so yes, we will. CO.~{ISSIONER TPJ~GESSER: Thank you. MR. JAP. VI: Okay. CHAIPi~A~: BRUET: Thank i/ou. An'? fur-'~~ questions? if not, for the third time, i'll try to close the p,,b~ heari~c. Pleasure of the board? CO:C{ISSiONER OATES: Mr. Chairman, i move that we submit PUD-82-!6(1) ~o the Board of County Commission with a recommendation of approval subject to the staff's stipulations, which includes the flux maps. in addition, the change of verbiage as submitted by the petitioner, along with then the rechange of the verbiage by Ms. Murray. COMI4ISSIONER PRiDDY: Seccnd. CN-~.IPiZ=a.N BRUET: There is a mo~ion to approve, as stipulated by staff, and with various revisions sum.~narized by Co.~missioner Oa[es, Page 24 December 3, 1998 · ,'ith a second by Cor~nissioner Priddy. All in favor? Opposed? (No response. ) CH~.~,.~,$~N BRUET: Motion carries. Moving on to petition number PUD 98-9. This being a public hearing, all those wishing to speak to this issue, Liease stand, raise vour, riahn_ hand and re,eat, after the court -~F-~o~e~'~- CO~4ISSiONER PRiDDY: Mr. Chairman, were we go: ng %o put Mr. Pickworth after this, since he's here? CO!C4!SS!ONER OATES: ;';ell, he's gone. CHAi?I~uXN BRUET: They aren't even here. Neither one is here. !'!1 get them next time. i'11 get them next time. Stay with this one. Okay. Please take your oath. (All speakers were duly sworn.) CHAI?Y32,I ERUET: Thank you. CO.~.E~.!SSiONER OATES: Mr. Chairman, i have a question -- Ci~z.i~S~_A~.I BRUET: Yes, sir. CO:,E,!iSSIONER OATES: -- before we get into r ~ ' ' - ' ~-~ed _ ~_a~ the o:.~.,er to b~ Glen Eden on the ~ay, a partnership. And i looked in the application for owner buyer details, and I can't find anything that tells us :.;ho the limited partners or -- and/or general partner is. CM~XIP/Z_A~ BRUET: Good point. MR. NINO: I requested that information, but I haven't received it yet. MR. MINOR: Yes, sir, my name is Mark Minor and I represent Glen Eden. The o,,rner is Glen Eden on the Bay, and the managing partner is Mr. Gary Kinsella. COI~_{ISSIONER OATES: .~,.o are the othe~ pa~t~? MR. MINOR: That, I don't know, sir. CO:C~ISSIONER OATES: ;':ell, we need to know that, because we got in a real mess once before with not knowing who the partners were. CHAIR/Z_a_N BRUET: Very important issue for us voting on a rezoning and not knowing the oynners of that property. COl~24ISSIONER PRIDDY: is that something that you could find out in the next few minutes and :.;e can switch? MR. MINOR: if it's going to cause us to continue this, yes, I can certainly try. CO.~.~4iSSIONER PEiDDY: i would ~ ~ - ~ ~ ' __co ..... e..c that we postpone petition until later in the agenda. CHA. iP~2,~ BRUET: We'll make you ~he last item of the day. MR. MINOR: Thank you. COM~4ISSIONER OATES: Well, if you didn't submit the information that you were supposed to submit, there's no reason that you shouldn't be inconvenienced. MR. MINOR: Yes, sir, I'm sorry, that was just levity. Thank you. C~IP/Z~/,,~ BRUET: Do i hear a motion? Page 2 5 December 3, !998 CO>2.[ISSiONER PRIDDY: I have a motion to continue this to the last inem. · ~ ......... Second. CO.,E4_ S ~ -' ONmm URE~2'I ~.K: CPL~.IPi4P~I ~RUET: There's a mo~ion by Co~;~issioner Priddy, seconded by Ms. Urbanik. Ail in favor? Opposed? (No response.) CF3. IPi~ BRUET: I.[otion carries. We will move now to Ed's project, which was zO,,mr, OATES: CO!.C~iSS- ~'-- Mr. Chairman, ' move we move u~ ~eni~ion CU-98-20. COIC<ISSIONER URB~i~IK: Second. Cn~.zP/~=';z'' RRUET: There is a motion by Cor.~issioner Oaces, seconded by Ms. Urbanik. Ail in favor? Opposed? (Mo response.) CP~IPiZ3~ BRUET: I.[otion carries. Fred? ~,-= ~-~CCWL. It's a cuasi-judicia! '.~ Chairr~an 's cuasi- judicial. MS. STUDENT: He has co be sworn C>~i~ BRUET: Oh, ezcuse me. It must be a public hearing. All chose wishing ~o speak to chis issue, please stand, raise your righc hand and repeac after the court reporcer. (Ail speakers were duly sworn.) M~. REISCHL: Good morning again, Fred Reischl, planning services. This is a request for a conditional use for an 82-acre site, which is located on U.S. 41 East, indicated here by the blue line, and East H~itton Road, which you can see through the middle of the projec~ su__ou,,ce~ ~g__c.lturat zonir, c,~ ac:ire agricultural fields to the east and some active, some low density single-family residential on agricultural property to the norgh and west. As said, U.S. 41 to the south. The site has some work done to it due ~o a previous conditional use that was granted in 1993. However, the use for a golf course never co~enced, therefore, the conditional use has expired. The site plan is similar to what was approved in 1993, some changes, but in essence, similar. The lakes that are there are going to remain. As you can see, there's going to be some modifications with littoral shelves along the shores of the lakes. The preserve that was required in the 1993 conditional use has in fact been e~anded a little bit. The clubhouse area is in the same general location at the intersection of East Hamilton and U.S. 41. The clubhouse has been scaled do'~ from the 1993 version. I've received no objection from me,ers of the public. However, as you're aware, transportation services has a difference of opinion Page 26 December 2, 1998 with the project engineer, and -- regarding turn lanes and access on East Hamilton Road. With -- hopefully, with those worked out, staff recommends approval, because of the similarity of the impacts from the 1993 approval. CPLAi~,~2'; BRUET: Ed, can you address some of the issues? 14R. }rANT: Edward Kant, transportation services director. i spoke briefly with Mr. Pickworth, the owner'£ representative, and we had two concerns. One of our concerns was the fact that East Hamilton Road was improved back in ~he mid eighties under a public -- a municipal services benefit unit, and there were -- there's at least one beneficiary of than improvement that is not included within the land of this golf course, and that would be the property direct].y to the north. There's about B0 acres there which is currently, believe, actively farmed, and we want to make sure that East Hamilton Road would remain as an open roadway rather than to be either encroached upon or closed off by the golf course. in our hallway caucus, we got that item cleared up. It's not their intent to change the characteristics of East Hamilton Road at ali, so we therefore have no objection on that basis. The only other issue would be with respect ~o the Florida Depar~men% of Transportation connection permit. Because East Road is an existing road and if in fact they're not requesting any additional connections no 4i, %hey probably will not require any additional permits from FDOT. However, because of the type of ,]se, being basically automobile traffic, and because there are a number areas that are shown as potential fill availability sites, if they com~nence some type of a trucking operation out of there as an interim use, there may be a necessity for turn lanes. One of 5he problems we have with that particular stretch of U.S. 41 is that we have high speeds, we have a narrow roadway, we have a large percentage of hea,~/ trucks, and unfortunately for -- on the basis of acciden~ rate, even though there may not be a lot of accidenns ou~ there, there is a fairly high accident rate. So one of the things we would want to make sure of is if in fact they apply for a permit to remove fill from the site, that that be reviewed by FDOT, and if FDOT believes that the turn lanes are required for that operation or under the golf course operation from a safety point of view, we would like to make sure that that's a part of the proceedings here today. Thank you. CHAI~Z32; BRUET: Thank you. Any further questions of staff? Does the petitioner care to address %he board? HR. PiCKWORTH: Thank you. Hr. Chairman, members of the co~mission, my name is Don Pickworth, I'm the representative of Naples Golf Partners, the developer of this project. Let me respond to the last thing :.Ir. Kant was saying. We are non going to be removing fill from the site. We won't even be looking for that kind of -- CHAI~4At~ BRUET: Not part of the PUD. Page 27 December 3, 1998 !.iR. PzC~.,,O~.,z: ~-[o, no, we re not supposed to do that under our water management application. So I don't think that's going to be an issue. MR. ~'J~iT: Then that should be a moot issue. i,IR. PiCKWORTH: Other than that, i think, you know, l<r. Reischl prett'/. '..:ell o~,~'-m_c=' it up. And in a sense, even thouah_ this is styled a new conditional use, it's really just an amendment of a conditional use you all unanimously granted in 1993, except than that was a rather ambitious project, i guess you might say, and calling for a 150-seat restaurant, a very large clubhouse and that, and the project started construction, never went My client has now acquired the project, and essentially we're gozng to do the same executive type golf course, except it's, you know, just a !itn!e snack bar, smaller clubhouse. Essentially, the project has ~= scaled do7~ from what was contemolated in 93 There's much more wetlands preservation than there was in '93. As i say, it's a reduced project from an intensity standpoint all the way around. So with that, we'll answer any questions. u-r=,.,-,' BRUET Any questions of the petitioner? COi~iSSiO!';ER .... ~G~: Just a clarification, in other words there is no turn lane. I,IR. EEiSCHL: To m7 understanding, FDOT is not requiring -- MR. PiCKWORTH: We have a letter from DOT that they're not requiring turn lanes. CHAI~.~ BRUET: Based on this use. COI~4ISSIONER %'~3.GE: Okay. I'm just clarifying. CHAi~ BRUET: Are there any speakers from the public, Eon? MR. NINO: No, there aren't. C~.I~j~[ ERUET: I=~ there are no speakers, i'1i declare the public hearing closed. The pleasure of the board? CO?24iSS!ONER URB~.;iK: l.[r. Chairr. an, i move that we forward petition CU-98-20 to the Board o~ County Cor~.issioners for approval. COt,RdlSSIONER DAVIS: Second. CH~i~z~ ERUET: There is a motion b7 Com.~issioner Urbanik approve, seconded b7 ?ir. Davis. All in favor? Opposed? (No response.) CHA!~g3~ BRUET: Motion carries. Do you want to take a short break or take one more? Short break? Ten minutes at the most. We'll be right back. (Recess.) CHAI~Jq BRUET: I'd like to call the meeting back to order, please. i'd like to move to petition H, which is petition number PUD-98-15. ~md we need staff here for this. Chahram? COI~MiSSIONER WRAGE: I'm impressed. Mr. Hoover's not last today. Page 28 December 3, '998 :':ha-~ is .... =-~ u~ didn't wear his tie, so · don t know. CO~'-~4ISo=O~,~., PRiDDY: .... CO:,E4iSSiONER W?3.GE: Oh, is that MR. HOOVER: i'll have to ~ry tha~ again next time. CP~.IP!~ BRUET: This being a public hearing, all those wishing to speak to this issue, please stand, raise your righ5 hand and repeat after the court reporter. (All speakers were d~'~, s'...'orn ) ..... ~ ....... ~..: Good morning, Commlssioners, Chahram ~adam~chian fromD_a.,..~ng~ ~' ser';ices s~aff Mr. Hoover is requesting a rezone from agricultural ~o PUD for residential developmenu locaued on the eas~ side of 951, approximately 700 feet north of Vanderbiit Reach Road extension. The property contains 38.99 -- 39 acres, and they are proposing four dwelling units per acre, density of four units per acre for a total of 156 units. They are also proposing as a conditional use ALF and nursing homes. Staff reviewed this petition and reco~.ended approval as proposed, it is !ocaned in an area that mostly has three or four dwelling units per acre. There's a Golden Pond PUD, which was approved a few months ago with four units per acre, which is across the street from this one. And we have Vanderbi!% Pines and Island Walk, which have similar density in the area. Water and sewer will be available ~o %he site. They are proposing ~o build single-family de~ached, attached, and two families and multi-families. Staff recommends approval of the petition. C~.IP2,~2.; BRUET: It's nice to see tha~ you've given Mr. Hoover a break and not beating him up over density. I know he's taken a beating lately, so -- I thought that was kind of arbitrary in the past, but I'm glad we didn't do it to him this time. Any other questions of s5aff? ~'~ NiNO: Isn't ~here a provision in this PUD - MR. RADA2,[TCHI~2;: There is a provision, yes, saying ~hat no residential tract shall have more than 12 unius per acre in case uhey wanu to cluster all the developments in one area. MR. NINO: Let me ~ell you the genesis of that, something you might want to think about asking us in the future as well, keeping us on our feen. As you ~ .~now, a lot of these rezones have a subsuantial amount of wetlands, jurisdictional lands, which can't be built. So when you look at that muter that you're authorizing them, you have to draw some relationship to tha~ nur~er and the net acreage ~hat's going be available for residential. And when you look au %hose numbers sometimes, they would almosn have to build five-story, multi-family housing to achieve the number of units they're asking for. So that was apparent in ~his situation, and Mr. Hoover was kind enough to agree than, however, in the net development condition, there'd be no~hing greater ~han 12 units per acre, which we associate normally with multi-family, but at two stories or three stories a~ the most, which we think is a reasonably compatible %~e of development in Page 29 December ~, 1998 the 951 corridor area. Bun anyth_::g hzgher :hah than, i think you would agree, would not be looked on too favorably, and that's why that stipulation, but you might want :o remind us in the future if we forget to do that. C~$.i~,~2~ BRUET: Well, we'll discuss net acres. We never do. We always take the densities and gross acres and that is sort of up to the developer and up to market as to what he can do on his net acres. I4R. !~II[O: We!l, we did that on Sierra Ideadows, if you recall. Sierra !,!eadows had a similar situation. MR. BAD~,ITCHi~: However, like Pelican i,!arsh, they're approved at mwo units per acre. However, they have Pelican i,Iarsh Apartments on im,T~okaiee Road. They clustered all the density, and they have close to 17 units per acre on that trac~, and all the surrounding, adjacent land coming for rezoning, iu's hard to deny them any higher density, because mhey will be adjacent ~o 18 units per acres development, even though the overall density is only ~wo. CP~.I~.~z~ RRUET: in this case, you say your density is four per acre surrounding nhe core, unity, so I think mhat's good judgment. CO:~,IiSSiO!~ER PRiDDY: ~u~ on the flip side of tha~, tha~ allows opportunity for more open space somewhere else in the development, and MR. BAD~dTCHi~,~: in nhis deve!opmenm, they are proposing at least 60 percen~ of open space. COI,24iSSIONER OATES: This was kind of similar to the Glen Eagle than we started out with a long time ago. C:~I~4-A~ BRUET: Absolutely. Does the petitioner care to address the board? MR. HOOVER: For the record, Bill Hoover of Hoover Planning, representing the petitioner. i think those are some good points. I don't think ~hat issue's really ever been brough~ up as far as I know. But if you took somebody that had a piece of land, let's just say it's a total swamp, and they were going to -- and they got four units an acre approved on it, and they mitigated their !and and bui!~ all the units on, let's say, 15 percent of their si~es and had to go five stories, like Ron's saying, something really intense that doesn't match with the neighborhood, I think that's something that maybe you need to look at. That might even have to go in your comprehensive plan, possibly, when you're reviewing that, or maybe in the PUD section of the Land Development Code. Bu~ we've agreed not ~o -- we will be clustering the units somewhat in here, bun no place in the PUD would it exceed 12 units an acre. And like Rcn's saying, 5ham's sor~ of a generally accepted principle, sort of like !0,000 square feet co~mercial land an acre, so it's generally accep%ed in the development area that you can do multi-family without i~ getting very -- too intense, let's say, at 12 units per acre. When you go past that, it tends to get to three to four stories. CF~I~2; BRUET: Thank you. Anyone in the public registered to speak? Page 30 December 3, 1998 MR. C?,~.iG: :.tr. Chairman, members of the board, I speak in opposition, at least at this point, on beka!f of the owner of property ir~ediate!y west of :he property that's ~roposed :o be rezoned. CHAiPn.~A21 BRUET: Excuse me, sir. Could you give your name, please? MR. CP_AiG: Yes, Roger Craig, representing Mr. David Phillips. The basic objection from the standpoint of Mr. Phillips, Phillips o',,~s a single family residence on a five-acre parcel i~,.~ediateiy to the west of the parcel in question. The complaint that he has, he rece:_ved actual notice of the proposed rezoning yesterday, and contacted me yesterday afternoon to come here and represent him. The only posting with reference to the change was up on Vanderbilt Reach Road, nonkzng on Seventh, which is the area directly affected. So the r~'-~st-~.~ .......... tha~ '.'~ ~':~,!ips -- he hasn'-~ had any opportunity and doesn't believe his neighbors have had any opportunity to even understand ',.;hat -he request :.;as about, let alone mobilize and de~ermine :..'hat the opinion or position ought to be. He has instructed me to request that the matter be put over briefly to permit those who are ir. terest~d aP. oD~ .... ~-. :.~ ...... =~=' to actually act on legitimate notice. As far as he knows, the only posting of any information with reference to that issue, as I've said, was up on Vanderbilt Beach Road. :':o indicatlcn on Seventh, no other indication that he's aware of. and ?'" ~ ~ ~ ' · ~..e.e_o~_, it s a great surprlse ~o them. And they have asked that ! request that this matter be postponed for a brief period of time to give them an .. o~so ....... y to look at it. C.uuXIPn~N BRUET: Chahram, could you address the notice issue, please? MR. BADAI4TCHIA~.~: When this parcel on Seventh Avenue -- we have one 40-acre tract, and then there would be another cluster of properties -'- ~ ~,a~ would be another 40 acres. And Seventh is several hundred feet maybe seven 800 feet away = , , ~rom this property. And I don't know why :.;e would post -- CHAiPPtA2; BRUET: Okay. vD m~.D=_.~IC.-.,=~: -- a.~y p. otlces on there. CHAIPi4AN BRUET: i 5hink that's the answer. Marj orie? MS. STUDENT: Mr. Chairman and members of the co.~'nission, if staff tells us that we followed our legal requirements in the code for posting, as ',;ell as notice to surrounding property owners, as well as advertisement in the paper, because these things are advertised in the paper as ',;ell, then there is no need to continue this, because we have met our legal requirement. CHAiPd.~3~ BRUET: is ~hat ~he case? MR. BADAn4TCHIAi;: Yes, we have done that. CHAIP/4A2; BRUET: Thank you. MR. BADA14TCHI}2:: And i believe ~hey are mistaken. There is no five-acre site adjacent to this. There's another 40 acres -- CHAIPI4AN BRUET: Not for the -- not to the west. Golden Pond is west. I'm not sure where the -- MR. CF_AIG: What I have in front of me, Mr. Chairman, is the Page 3 ! December 2, 1998 diagram that Mr. Phillips provided me, and it :.;as based on the information that he obtained only yesterday. That may account for the p~oo_=m, out his impression '..:as that the property being developed was between C 951, County Eoad 951, and bordered by 951 -- no, actuallv -- :.tR. :lit;O: Kingsvi~,e'~ Road. ....v=. C?_A!G: East of 9~. and south of ','anderbi!t -- CHA_-Fi.LZ2; BRUET: South of Vanderbi!t? CO[.E.IISSiONER OATES: CHAiP2.~24 BRUET: i can see why he wasn't notified. ~.[R. CRAIG: So his understanding of the area in jeopardy is incorrect. Thank you. CHAiP2,~4 BRUET: Thank you. Are there any other speakers, Ron? MK. :~iNO: :;o, there aren't. C~3-.iP2,~2,; BRUET: Are there anyone else -- is there anyone else in the audience that cares to speak? If not, i'll declare the public hearing closed. Pleasure of the board? CO:.~.:iSSiO:IER OATES: Mr. Chairman, i move we submit petition PUD-98-!5 to the Board of County Commissioners with a recommendation of approval. CO:~4iSS_,O~,,zR PEDONE: Second. CHAIP2&'-2.; BRUET: There is a motion to approve by Commissioner Oates, seconded by Co~missioner Pedone. Ail in favor? (Unanimous vote of ayes.) u--~ .... RRUET - ' . :4o~ion carries C.z-.:.~,.-_,~ : :t is approved then . Moving forward to petition number 98-16, and we also have a companion issue, PSP-98-17, so I assume a !or of the conversation and discussion will be pretty much parallel, but we'll take separate motions for approval. This being a public hearing, all those wishing to speak to this issue, please stand, raise your right hand and repeat after the court ~epo~ ~er. (Ail speakers ,,;ere duly sworn.) CO~ISSIONER OATES: Mr. Chairman, I have a technical question. On the one petition, it shows the owner to be U.S. Home Corporation. The PSP shows Clyde C. Quinby, trustee, as the owner. Now, which is right? CHAIRMAN BRUET: Good question. Maybe Bruce, could you address the issue, please? MR. AHWDERSON: :4r. Chairman, Commissioners, for the record, my name is Bruce Anderson on behalf of the applicant and contract purchaser, U.S. Home. The owner of the property is Clyde C. Quinby, trustee. U.S. Home has an option contract to purchase the property. CO~/.zSSIONER OATES: Well then I don t quite understand. How can the ov,nner apply for a PSP? What -- COM24ISSIONER PEDONE: They got it backwards. COM]4ISSIONER OATES: It shows the o:.nner of the PSP to be Clyde Quinby. I'm not an attorney. Page 32 December 3, 1998 MR..~DERSON: Well, and i -- this is news to me. I had no hand in preparing the PSP. I assume it was some clerical error where they thought they needed to lisn the true property owner rather than just the actual developer. CHAi~.~2q BRUET: Can we just clear for the record certainly that U.S. Home should be the PSP-98-!7 and Clyde Quinby should be involved in ?UD-98-167 MR. ~DERSON: Thank you. CHAI~%N BRUET: Thank you. CO~MISSIONER OATES: In that case, do we know who he's trustee for? I don't see anything in my documents. MS. ~URRAY: Susan Murray, for the record. The PUD document submitted to you for the PUD hearing should list out all the property o~er information, including the beneficiaries of the trust. CO~4iSSiONER OATES: i'm sorry. ! didn't see that. CHAi~32,; ERUET: ! think we're covered. CO~,~ISSiONER OATES: OkaT. CHAI~,ta2,; ERUET: Go ahead, Susan. >IS. ~UE?~¥: The petition purports to rezone a ,~lS-acre site to allow for 799 dwelling units, permitting both single family and mu!ti-famii7 development around an 18-ho!e championship wolf course and country club. The site is located just north of the ~.:ap!es Heritage PUD, a very similar project which was approved at a density of 1.43 dwelling units per acre. Access to the site is from two points, or would be proposed from two points. One off of State Road 84, or Davis Boulevard, to the north and west, and County Road 951 to the east. The petitioner is proposing a density of 1.9 dwelling units per acre, or 799 units, which equates to 24 percent of the maximum allowable dwelling units, which would be 3,350 under the density rating system. Under:the current zoning scenario, development of the site would allow for a maximum of 1,120 dwelling units, so the petitioner's proposed 799 is significantly below what is currently allowed and what could possibly be allowed under the density rating system. There is an extensive preserve area, which runs east and west through the subject site. The layout of the site plan in the preserve area minimizes the impacts of -- on future residential development from impacts associated with traffic on County Road 951 and State Road 84, and also .provides a significant bu~^~=~ between the I~aples Heritage PUD to the west in addition to those road right-of-ways that I described. This is a presented pretty straightforward petition, so I'm not going to talk too much about it, except that there are a few issues associated with it that you need to be aware of. The first one is the fact that the state ?DOT is in the process of evaluating three options for State Route 84 extension. Two of -- two of these alternatives, namely A and B on the map shown, run through the middle of the subject property. The third alternative, Page 33 December 3, I99g alternative C, actually follows the current alignment of State Route 84 and would just consist of an expansion of the existing right-of-way. The problem is the state hasn't decided or selected an alternative yet. And the petitioner is before you today for a potential rezoning. The second issue is that DCA -- the petitioner submitted a letter to DCA in order to determine if the project qualifies as a DRI, since the proper%y of [[aptes Heritage and this subject site are one in the same. Yesterday, i received a clearance letter from the state saying that this project would not qualify as a DRI. If you'll look under staff's recommendations, under number two, that would now become null and void, because it's no longer an issue. Third, sidewalks, the petitioner is requesting an exemption from the subdivision regulations, which would require sidewalks on both sides of the street and is requesting sidewalks on one side of the street. As such, s~aff ~s reco:~nending that the Planning Co:~nission forward a recom~,endation of approval of this PUD subject ~o the three stipulations listed in your document with the exception of now we can remove stipulation number two. And I'd just like to reiterate that the stipulation number one reads as follows: Should the FDOT select an alternative for the planned relocation of State Route 84, which affects the proposed project, and the FDOT acquires the affected lands, that the PUD master plan and applicable sections of the PUD document shall be amended to provide for the reservation of right-of-way for 5he relocated Sta%e Route 84, provided the petitioner shall not be required to provide enviro~menta! mitigation as a result of said reservation. Staff has discussed this with the petitioner, and they are in agreement with us, and i'm sure they 7;ill make note of that on the record. CO~,2<iSSIONER DAVIS: Ho7/ about the sidewalks? MS. ].~R?~Y: i don't believe they're in agreement with the recommendation; at least they didn't indicate so. CF~i~{z2I RRUET: Never can get over that hurdle. Any questions of staff? If no~, does the petitioner care to address the board? 14R. ~DERSON: Mr. Chairman, Co~missioners, again, my name is Bruce Anderson, on behalf of the applicant, U.S. Home. Ms. Murray has given an excellent and brief presentation. The only thing I would emphasize is that this is an actual down zoning and density reduction. We're ahead of the curve on density reduction on this petition, reducing it from over 1,100 units under the existing zoning, to 799, and we have our consulting team here if you all should have any particular questions. O~herwise, I'll reserve any time, if there are any public speakers."'' C?~I~ BRUET: Do you want to address the sidewalk issue? MR. ~DERSON: Oh, yes, thank you. Page 34 December 3, 1998 ?;e '.,~ ac~= to '~ s~dewaik stzDu!atlon And also the stiDu!ation as revised by :.is. Murray with regard to the Davis Boulevard issue. And i thank you. CHAi~2[ BRUET: Very good. Thank you. Anyone in tke public care to speak, Ron? CHAi~Cz2~ ERUET: Mr. Chairman, I have a Peter Lombardi. MR. LOMBARDI: Question. CHAi~.~lq BRUET: Please give your name and spell ih for the court ~ ~ please __po MR. LOMEARDi: Peter J. Lombardi. 2 reside at 7768 [[aples Heritage Drive, and i live in Naples Heritage. i'm here representing a nu..~-~er of property Question, are we talking about the PUD rezoning, or are we talking about the subdivision? CHAI~Z2~ BRUET: Well, they're pretty much in the same. MR. LOHBARDI: Okay. As far as the PUD goes, we're in favor of it. We think that U.S. Homes has done a fine job with Naples Heritage and we're rather pleased that they bought the property next to us and are putting up another suoczvzszon similar ~o ~=p=es Heritage. We re pleased about that, and we'd be in favor of the approval of the rezoning ~-~_~ from c..=,.c~ ',;ha_ _~ cur i~ %~ a elanned unit development. Okay? CHAIP2~2.} RRUET: Very good. MR. LOMBARDi: :Iow, I see you have the map up there. We me~ with Susan Murray, the chief planner, about a week or so ago, to discuss this particular proposed subdivision. And we have a few concerns, and I'd like to mention that to 'you today. We mentioned it to Ms. Murray, and also -- there was somebody else at our meeting, and ! don't recall who he was. MS. ?~RPA'f: Steve Seal, our engineer, who is also here in %he audience. MR. LOMBARD!: And '.ge talked about %his. We met on November !gth. So '..;e had enough time to talk abou5 the project with him. Also in a~tendance at ~hat meeting '...'as Anthony Percice!li (phonetic), who is the regional vice president of U.S. Homes, and he laid out this subdivision plan and showed us what it was. And as I say, we were pleased than they are going to develop the property. We also think that by the development of that property, it will increase the value, of. our property, so consequently, that's great. Howe{2e~', we've got a number of concerns we'd like to place before you during this review process, and possibly in your recommendation to the County Com,missioners, there could be sor, e consideration for our concerns. Num~er one, our primary concern is that that property line currently between Naples Heritage and Cedar Ham~mock is heavily wooded. The only problem is that a lot of the woods there are these melaleuca trees, and I think on the current subdivision approval, they have to destroy the mela!euca trees, and consequently when they do that, it will take away a lot of the screening. There are a number of housing units. There's three units. One Page 25 167 1 December 3, 1998 is -- i don't know if you know -- it's categories, but units -- two units to the building, and then they have another set of units that have ten units to the building, two story, and then we have high-rises. And you go along that line that goes from 951 and it goes · ,./est. And you see that bottom line there? CHA!='''~', ~'~.~ ~ ERUET : 'Z~s.. ~ MR. LOb[EARDi: ;';eli, those houses are located on ',.;hat we understand are about 400, 500 feet of the property lines to the property lines of the proposed houses that will be built on the other side. And we're concerned that we don't want to look at houses if we don't have to. Currently, we look at a lake and a golf course and woods, and we're concerned that if they take do>~ those melaleuca trees, we'll be looking at buildings. in our discussion with Xr. Perciceili, ke informed us that he's ._once~n. sure the purchasers of Cedar Ham~mock will also have the same ~ ~ And about ~ only tk~-~ that we'~ be seeinc a~ the roof tons Fine. But we just ',.,'ant to make sure that in '~ke approval of the subdivision i~sei=, that there is sufficient screening. Whether he has to a!ant some more trees or something :>~ that '..;e would ] {' o have that noted in the subdivision approval. Oh, our next area of concern is stormwater tuner~. We -- ?~ currently have a nu,~"~ber of photographs that we took that show considerable amount of standing water. And I'm a bit confused in that i~ you have wetlands, how much standing water is normal and how much standing water is excessive. What we're finding is that some of the areas in Naples Heritage has standing water currently anF,;here from eight inches to 12 ~ ~ ' ' ~,,c,._s, and it s causzng some of those pine trees to die in the wetlands area. I talked to Hr. Comeau, Peter Comeau, who is also with U.S. Homes, and he informed me in our conversation than number one, that those wet areas were planned originally when they did the subdivision, and I know I mentioned to him that some of these pine trees were dying. He indicated that he would have some replanting of cypress instead of pine, and that would be adequate for us. But this is a different subdivision, and we're concerned that there would be some runoff from Cedar Hammock to our subdivision. I was informed by your water engineer than this is -- Cedar Ham~mock is a zero -- zero water discharge. And the only time we'd have water running from Cedar Hammock to Naples Heritage, which apparently is dov~.stream, is when you'd have the 25-year flood. Well, we could have 25-year floods every other year. That's a possibility. The other com=ment ',,;as made that in the event we had that problem, that there was drainage that goes from -- would go from Cedar Hammock to Naples Heritage onto Naples National, which is adjacent to us. I haven't seen that runoff area, and. I talked to Mr. Comeau this morning, and he's to give ,as a tour and show us where these areas are, and we feel comfortable that they're there. ;';hat i'm worried about is that maybe those areas are overgro,,~ and the water won't go running through, and that would create a problem. Page 36 ~_c ~moe~ , _998 So consequently in -- i Guess in your reco~T~endations for ~' i ~ approval on Cedar Hammock, we ',:ant some corrections made to Naples ~'"~· ·~ :~ National. Otherwise, we think we have a problem when you have a lot of water runoff. The last area of concern we have, if you'll look at the map, in that !eft-hand corner, you'll see there's a golf -- it's a golf course there. And that is a green fairway and a green, and that particular area is -- runs parallel to :;aples Heritage Dri';e. And Naples .- -~' of right turn there and goes straight H~ri%age Drive m~es sor~ a - The concern we have that there may De some e~~a.,t shots slices that would come onto the road and it would be dangerous to any cars coming up that road, or pedestrians ',;ho walk that road. And consequently, we talked to Mr. Percicelli about that, and he recognizes that it's a potential hazard, and we discussed the ~ possibility of very hea,ry vegetation planting in that area, and we talked about screening, we talked about fences, and we really don't want a fence, i don'~ thin[-: that would be very attrac'iv~, but we would hope that ~_hey had sufficient screening in there so that it would protect the citizens who are walking up and down the walkways Naples Heritage. Other than that, that's about -- our concerns as far as your sidewalks, i heard the cor.ment about sidewalks. We have single sidewalks on one side in Naples Heritage, and I think it works real well, the. single sidewalk. And I don't know why you would have two sidewalks."' ~t 'don't make sense to me. CHAIP/4~; ~RUET: Well, we don't get two very often. I wish you ,would just put that aside. MR. LOMBARDI: :';ell, i just don't see any need for it. But if you wan~ it, fine. CO~.SdiSSIONER OATES: The code requires it. C...~.I,~,,~ BRUET: zt s in the Land Deve~r-'~nt Code, that s wh'f :,IR. LOMBARDI: :':ell, they didn't -- they don't have it in !~aples Heritage. m ~ CHAi~Pi,Lz2.; ~RUET: They didn't have it when you '..;ere first built in the firs~ phase~ I.'~R. LOMBARDI: Okay. Do you have any questions of me? CHAi?/~32~ BRUET: No. We'll quickly address some of your concerns here for the record and -- MR. LOMBARDI: Let me, if i may -- did i miss anything? Some of the homeowners in that area I was telling you about claim that they were told that there would al;.;ays be a preserve area on tha~ side. Now, having walked ~hat property and know what it is, right there by 951, there is a large area of land, and 'where it has trees on it and that sort of thing, and that's where the maintenance units are, maintenance building and that sort of thing. And that area is heavily wooded by the maintenance, currently heavily wooded, even after they cleared out the mela!euca trees, so that's heavily wooded, but as you go down a little bit, just before you get to that preserve area, where it shows a big preserve area, what you have in there, it's sparsely Page 37 December 3, 1998 treed, and then on the property, on the [[aples Heritage side, but on the other s~,_~_ the Cedar Ham:hock .~,~;,~ __~- is treed now, })ut it's al! me!a!euca and it's all going to come out. So what we're saying is if you take tkat out, how about putting something else back up? Okay? CHAi~.~ ERUET: Thank you very much. MR. LOMBARDI: Ail right. CHAi~,~2; BRUET: Susan, could you talk a little bit about the drainage -- i think the buffering sort of speaks for itself and what they can do in preserves and can't do in preserves is well defined in permits, but just talk a little bit about the stormwater management system. MS. MURP~Y: You ',;ant to talk about stormwater? CF~I~32{ BRUET: Someone should, i don't want to make -- for the record -- MS. :.~RPHY: Steve Seal is here from our engineering -- tHAIland.; ERUET: -- I want everyone comfortable that -- that's fine. MS ~.zUE.~.~: demartment, and ~'d like ~ · -- . .._m to speak because he's -- CHA!~.~2; BRUET: Sure. ~S. :.~R?~.Y: -- the expert on that. MR. SEAL: Steve Seal, engineering review. The question was the preserve areas or the water management areas of !~aples National and the project to the south, those are to be maintained as part -- as part of their permit, they're to be maintained b7 the homeowners' association or the ov,r. er is to keep those maintained. Do you want an overview of -- CHAi~.tzJ~ BRUET: No~ I'd like him to get comfortable with the zero discharge concept here so that they can be comfortable they aren't going to be =looded MR. SEAL: We!!, :~aples Heritage was permitted to accept, i believe, 66 CFS of runoff from the north, which included this project, and approximately i~0 acres north of Davis Boulevard. And per our ordinance, Collier County's water management ordinance, they're allowed to discharge .04 CFS per acre, which would be about 17 CFS for this project. I don't know what it would be for -- whether it's -- the 150 acres is controlled or uncontrolled, but Naples Heritage has far exceeded what's going to come through the project· They are berming -- this project will be bermed at an elevation, designed elevation of the 25-year, three-day storm event. They are choosing not to discharge anything -- has zero discharge for the 25-year, three-day event. And that's all our ordinance requires them to design to. So they have -- you know, they're under what P;apies Heritage had designed for. The engineer for this project could probably -- I've reviewed the preliminary design, and their engineer may have some more comments on this. MR. LOMRARDI: One question we have is once you approve this Page 38 16 1998 subdivision, and le:'s say there's a planned runoff '"rom one area tkrough our project into another area, such as Naples :[ational, does ~he county ever come and re';iew, look at that waterway, so to speak, to ensure that it's not overgrown and it would impede the water flow? Do they ever do that? CHAI?P~Ftl BRUET: i'!t have to have the county address that, but I'm certain that they do. HR. LOHBARDI: If they do, how much? CHAIPICF2[ BRUET: They'll have to address that for you. :4R. SEAL: Well, we don'~ have the staff to review it on a regular basis, but if there are any complaints ~om the :public, we come out and observe it and -- ~,, much complaint d~!ven, CHA!P/~2I BRUET: ..... ~ ' - he's saying. CHS~IPZZ_'-2~ BRUET: Okay. You've got a phone, righh? MR. LOMBARDI: We'll handle that. Fine. Yeah, ~.hat's our concern. ........ ~ Okay. MR. LOMRARDI: :',"e're afraid -- a hurricane, for example, you're go:ng to c~t__ th~e,~_ or four feet oz water .u ....... g through there. CHAI?!4A}[ BRUET: So will everyone. MR. LOMBARD£: Yeah, and if so, I don't mind it running through, ! just don't want it being stopped somewhere and then building up. CHAiPi~.N BRUET: Unders rand. MR. LOMBARDI: Understand? C.w_AIRMAN BRUET: Thank you very much. CO~4MISSIONER PRIDDY: It works the other way, too. The people south of you are taking your water. MR. LOMBARDI: ! hope so. CHAIPd{uXN BRUET: Ron, are there any other speakers? MRS.' Ni~i0:' No, there aren't. CHA!PI~I: BRUET: Does anyone from the Dubiic wish to speak to the zssue? if not, i'!! close ~he public ~ Pleasure of the board? CO!,E4ISSIONER DAVIS: Wait a minute, Mr. Chairman· I'd ask Ms ? · ,.~u.~ay, on page 30 of the PUD docume~'t, there is language to do with signage on the project. And maybe just to cut to the chase, I'd ask the petitioner's representative, if you would delete this from the PUD and accept to abide by what's in the Land Development Code, division 2.5 for signage. MR. A_NDERSON: My client has agreed to sign off on that. CO[,~4ISSiONER DAVIS: Thank you. CO~'~4ISSiONER T?3.GESSER: No pun intended. CO~4ISSIONER DAVIS: So that section can be deleted and just as per LDC? Great· Thank you. MS. ~{URRAY: Is ~hat -- Susan Murray. Is that -- that entire section, is that ',;hat you're referring to? CO:z24ISSIONER DAVIS: That was my understanding, yes. MS. ~4URP-AY: Okay, thank you. Page 39 December 3, 1998 CHAi~Z3~; BRUET: Are '~ ~ " ~..e~e any other questions? :es. COiC{ISSiONER TF3.GESSER: Yes, my question relates to -- it's a transportation question and a PUD design question. if you look at the site map, you see that the roads -- and correct..m~_ ~ ?~'m ~..ac~ura~ ~' re, the roads that are going to be utilized b'! '~ !ndi';idua~s i~'':~'' in '-~'~ . _ ........... ~ ._.._s community ',;ou!d be D~vis and 951; correct? ~.,o }lz2,:T: ~..a= s correct. Edward Kant for the recoro. C .... ~c~- .... ~ TPAGESSER: And you have a commercial center right ' ' ' ~ ~ '' ~ either proposed, it's called -- at ~nat V in~e.s-c~!o,~ zhat's MR. }LANT: You're talking about the Westport Commerce Center, yes, ma'am. ~_s at West CO:.~{ISSiONER TP~GESSER: Okay. Would there be activit;= Point (sic) Cor~,erce Center that the residents would want a -- what's the character of that? XR. }t~'~T: As my memory serves me, that is more of a -- less of a, shall i say, Publix tl~e shopping center, and more of a lighter -- ~- industrial cor~,erciai type center r thi~ a~d acain, i'it - ~, remembe~ rely r~ore on planning staff for the uses, but se_n ~o things like perhaps a terminal or warehousing or something like that, as opposed to retailing. You may want to correct me, staff, I don't know. MS. MURRAY: Mr. Kant's correct, but Westport Commerce Center al!ows'a ~[~ure of co=~erciai and light industrial uses. There is a signi~icant~ buffer area. The .portion of ";est~ort, . that abuts the subject site is significantly buffered with vegetation and a water management lake, so there should be no -- ?~. KA2~T: And ! might add, and also I believe they have, in their master plan, a road that comes in along -- near or along that southern boundary, so that any building is going to be probably ,.,;ell over i00, possibly 200 feet north of that boundary. CO:~4iSSiONER TRAGESSER: Well, my big interest here, i could imagine that buffering would be adequate. What we're hoping to do now is link up commercial uses -- MR. Y~NT: You're talking about interconnectivity. CO:C{ISSIONER TPAGESSER: Exactly. MR. KA~T: Yes. CO:~4ISSiONER TP3.GESSER: Because if this in fact were something that would benefit the core, unity, as relates to retail commercial, and we've done everything '..;e possibly can on the site design to disconnect them, and that was the purpose for the question. MR. YJuNT: If this ',;ere a traditional, if you will, or typical corner parcel that was going to have, like i say, the Publix and that type of thing, then yes, interconnectivity would be our mantra. However, in this case, I don't think that you're going to see -- there'~ay::b~s6me, don't misunderstand me. I don't know in detail. But I don't '~e~ this as a shopping center type use. I believe that across the street on the east side of 951, at the intersection of 95! and old 84, which is now -- I think it's called Forest Glenn. It was the Olde Naples Golf Estates PUD a number of Page 40 December 2, 1998 years back. They have a cor.?,erciai corner and there it's more likely that you will see some tp?e of Publi:< t~e -- CO]C<iSSiOf;ER TP3.GESSE?.: i;eighborhood -- ~,?R. ~A_NT: i don't have a stock in Publix, but some type of coroercia! shopping center, supermarket typ. e anchor. And they, I do believe, do have an interconnection to the Forrest Glenn Subdivision. CO.~.ISSIONER TRAGESSER: Thank you. Ci<%iR/~N RRUET: Are there further questions? MS. MUR?~Y: i<r. Chairman, could i get some clarification on staff's stipulations, if you're getting ready to take a 'rote? C.~LAi?2~3~I BRUET: Co~missioner Davis, dealing with signs? MS. MURRAY: That -- I understand that. Mr. Anderson just handed me something at the last minute that he wanted to revise in one of the staff's stips, stipulations, and I don't have a problem with it but I would like to read that language into the record and make sure that that's okays.with him -- C?iAI.q/~N BRUET: Please do. MS. ICJRP~AY: -- because it's slightly different than '..ghat he ga're ~e. And than would be to the first stipulation, and it should read, should the FDOT select an alternative for the planned relocation or e:<~ansion of State Route 84 which ==~ . _ , . , a~cts the oro~osed project and the FOOT acquires the affected lands, the PUD master plan and applicable sections of the PUD document shall be amended to provide for the reservation of right-of-way for the relocated or expanded State Road 84, provided the petitioner shall not be required to provide enviro~mental mitigation as a result of said reservation. Then I would also like to strike number two, because it's no longer applicable. And obviously the petitioner has agreed to number three, so -- CHAIP2.~; BRUET: That's fine. Expansion issue -- CO~C~[ISSIONER DAVIS: Mr. Chairman, are you ready for a motion? C ~3~ I ?l~J~.~ BRUET: Absolutely. CO~.[ISSiONER DAVIS: I make a motion that we forward PUD -- get back here and find -- CO~ISSIONER OATES: 98-16. CO~ISSIONER DAVIS: -- 98-16 to the Board of County Com,~issio.n.,e.r~ ?;ith a recommendation of approval with the staff stipu!a[i~nsi'r.evised as just read into the record by Ms. Murray, and the deletion of the entire section in the PUD having to do with signage, and it be replaced with as per our Land Development Code. CO~ISSIONER PRIDDY: Second. CHAiP2~lq BRUET: There is a motion by Cor~issioner Davis to approve as stipulated by staff and amen~L~ent by Mr. Davis, and seconded by Commissioner Priddy. Ail in favor? Opposed? (t;o response.) CPLAIR3~; BRUET: Motion carries. CO~'~ISSIONER PRiDDY: Mr. Chairman, if you're ready for another Page 41 December 2, 1998 recommendation. CHAI~A/q BRUET: i certainly am, Commissioner. CO:~4ISSIONER PRIDDY: I would recom,mend that we forward Petition PSP-98-!7 to the Board of County Commissioners with a reco,Tunendation of approval. CO~4ISSIONER DAVIS: Mr. Chairman, I'll second that if he changes it to an approval pending the approval of the PUD by the BCC. MS. ~.~URRAY: That, Mr. Davis, that language is also incorporated into the resolution, so -- CO~4ISSiONER DAVIS: Yeah, as long as it's in the record. CO~4ISSIONER PRIDDY: i would make that change, Mr. Davis. CP3. IP243~N BRUET: There's a motion to approve by Commissioner Priddy, seconded by Mr. Davis. Ail in fa'zor? Opposed? (No response.) CHAI~32.; BRUET: [.lotion carries. Petision number DOA-98-3. Does than mean automatic failure, Ed, a DOA? CO~ISSiO~[ER OATES: DOA. CHAI~2~; BRUET: I.;ot much of a chance here. And i would -- oh, yeah, and the PUD-86-!2(3). And I would like to re'zeal, I've had some discussions with the petitioner relative to this application. COI~<ISSiONER OATES: As have'I. CO~.[ISSiONER PEDONE: As have I. CO~<ISSIONER URBA~NIK: As have i. CO[~4ISSiONER PRiDDY: i have, too. CO~4ISSIONER DAVIS: Me, too. CF3. I~4A,N BRUET: This being a public hearing, all those wishing to speak t6! this issue, please stand, raise your right hand and repea~ after the court reporter. (Ail speakers were duly sworn.) CP~i~ BRUET: Thank you. i.[R. RELLOWS: For the record, Ray 3ellows. The petitioner is seekzng to amend the Bretonne Park PUD and DRI for the purposes of eliminating the commercially approved uses designased on Trac~ D and replacing those uses with an assisted Ii'zing faci!iny ~hat includes a skilled nursing facility. They also are proposing to increase the maximum building height from 30 feet to 50 feet. This is to allow for greater setbacks. The petitioner is proposing to increase the setback from Davis Boulevard to 80 feet and from Embassy Woods to 35 feet. As you can see on the master plan, we're dealing with this tract here, which is on the northeast corner of the entrance of Davis Boulevard and Embassy Woods Boulevard. It's a public platted roadway up to the gate -- guardhouse. The entrance has already been approved for the shopping center off of Embassy Woods Boulevard. The petitioner is also proposing to have the ability to provide another access point off of Davis Boulevard. Staff has no objections to this amendment. We haven't received any letters for or against Page 42 December 3, i998 this .~ ' D~itlcn, out several quesnlons and concerns about the location and access, and there may be some additional people here with certain concerns abou5 landscaping. T~ petitioner is ~ r ..... e.e and they can explain a little bit more of the operation if you have any questions. CHAi~.5~.: BRUE?: Are there any questions of the staff? ..~... }t~'~T: Ecward Kant, transportation services director. i just '..;an%ed to make a point that -- it's a minor point, but i believe that the first 400 feet of the -- what is, ! guess, called Embassy Woods Eouievard, unless they've changed it to Glen Eagles Boulevard now, i don'- know -- '..;as originally platted as public road, and it's m7 understanding that the access point coming in, the one that Mr. Ee!!ows pointed out, at this point, will be coming in off the public portion of the road. We do have an agreement with the prior developer, which I guess now I better renew it with the present developer, for the landscape maintenance of that ~'~ ~ e .... anc_, so that they would prefer to keep the landscaping on their own. So the access point, which we have reviewed, we don't believe is going to be an issue. And i'm making that statement for the record, because there may be residents here that are not aware that that first few hundred feet is actually platted as a public road. As far as the access off Davis Boulevard, obviously, that's something that will have to go through the FDOT permitting process. CHAI~iA~N ERUET: Thank you. Any other questions? CO:~{ISSIONER DAVIS: Mr. Bellows, just -- in a nutshell, we're talking about doing away with the fairly intense commercial and replacing it with the ACLF use. MR. BELLOWS: Yeah, the traffic impact review indicates that the ~rips ~ ~ ~' ' · ~ ~ecu~ion s almost 80 to 90 percent less than the shopping center. CO~4ISSiONER DAVIS: Big difference. ~.m BELLOWS: Big dif~ ~ ~ .... -e~~nc_. CMA!~2J BRUET: When you consider the use ~hat zhey could have developed there, this -- if i lived in Embassy Woods, i'd be pretty exci~ed over this project. Does the petitioner care to address the board? MS. HEALY: Thank you. Good morning. My name is Marilyn Mullen Healy from the firm of Ruden, McClosky, and i have Jeff Perry and Wayne Arnold from Wilson-Miller and Peter Worthington, who is our director of development. i'd like to take a brief moment to tell you a little bit about our cqNp~Ny... We have been in the senior housing residential health care market fo~ over 25 years. We operate over 35 health care and senior resident facilities throughout the nation. We're very hands-on owners. We manage our o}.~ properties and we have a continuing commitment to not only the co.~r, unity in general, but the surrounding residential community, of which we usually try to abut up to. Page 43 December 3, 1998 Currently, we have a facility in Largo, Florida, which is in ?ineiias County, zha- is our largest, and we have one under construction in Hernande Ceunty, ',;hich is !80 ALF and 120-bed skilled .... ~ ~ =aci~ { :';e have met with some of the residents this suz~.er. We've had a .-.,ore formal meeting with the Trans-Eastern folks who are the current developer of the coz.reunify, and '..;e have met with the master associations and their representatives, as recently as yesterday afternoon. They have indicated support for our development. They did raise some concerns, which i'll briefly go over with you, and then Wayne :.;ill come and give you the details of the project. and how we would like to respond to those concerns. First, let me say, we have absolutely no relationship with the ~v:o"s Previous developer EI~ £aron None ',,;ha~soever (Applause. CO:C.[iSSiONER OATES: That's a plus right %here. MS. HEALY: The residents also expressed concern over the ~trance and -'-~ ~-.-~c~it'/ of an'./ sicnace which '..;ou~d go u~ And they have a beautiful entranceway, and we have spoken with the Trans-Eastern folks about %hat. We also have a primary interest in maintaining than entranceway, because we have an upsca!e top-of-the-llne development as ;,;ell, so we will work with their association in > ~ ~ ' ..e_p~..g that entrance malntained appropriately. They have raised the issue about potential traffic problems on Davis Boulevard from people corning in and out of our development. I think, as our traf~ic~ nut, bets show through the studies and that we can elaborate on a little bit fur%her, we actually have a significant decrease in the traffic ',;hich is planned ~o~ that area. Landscape bur ~e~~ng, of course, is always an ~ssue, and we do ut_.__ze a lot of green space. We have requested a change in the development standards because we want to have more green space, and we will buffer appropriately so that nothing is unpleasant to their eyes, because quite frankly, i~ i~'s~ unpleasant~ to them, it's going to be unpleasant to our residents as well. And finally, you know, there's just general conc~_..s about operationa.1 issues, you know, do you have a million ambulances going in and out of there and that type of thing, and Peter Worthington, our director of development, can address any of those tlp. es of issues. MR. ARNOLD: Thanks. Wayne Arnold, with '",',z,~son-Miller. I just ',;anted to basically touch on a couple of the issues related ~o this. And :.;e're talking about a PUD amenctmenn as well as a DRI amendment. And the effectiveness of that is really to deal with 13.3 acres of the total project area. The overall Glen Eagle project is -- at the time, Bretonne Park was 333 acres. We're dealing with a 12.3 acre tract of land that ;.;as designated as commercial in the original DRI and master plan. And it was -- as Ray mentioned, the access point was defined as part of that DRI, and we're trying to utilize that access point as well. Again, one of the important things that we think we're doing here is reducing traffic considerably, by over 90 percent. We're looking Page 44 16' December '~ 1998 at daily trip rates of somewhere in the neighborhood of 400 uo 500 trips compared to eight to 9,000 trips a day for a shopping center. i think one of the o~her characteristics of an ALF is typically they are -- even though they're not really residential, they're not co~ercia!, they're considered more of a community facility use. 'Phey typically: take. on more of a residential character, which we think makes it even more compatible with the residences that are nearby. Typically, the shopping center, the back side of it, is not the most attractive part to look at, and that's exactly what would look onto 5he Glen Eagle project. i think that's -- that's one of the big issues is compatibility here, and i think when we me5 with the neighborhood association and Trans-Eastern, there were a lot of questions, a lot of questions, but no real concerns. The compatibility issue was one that I think, hands do',,~., everyone agrees that the project tha~ we're proposing is more compatible. One of the things ~hat has been mentioned is really what we look like, and i think it was well documented yesterday in our meeting with the homeowners, that ~he John B. Goodman Limiled Partnership, wi~en they develop an ALF, they don't use a s[andard product. They ~ailor the product to ~he market they're in and ~o the residential component that t¼~.z'~ typically a part of And wha~ I brought 7;ere some architectural renderings of other projects that the limited partnership has built or is building just to show you how diverse they can be to respond to the neighborhood characteristics that they're trying to be a compatible neighbor with. So I'd like to just hand those to you, and if you want to start those -- b~t I think those samples of the four facilities that you see c!early's~d6}['{hat we attempt to be a good neighbor, and we'll certainly try to be. i think it's also important to show on that, they're very much residential in character, they're not co~r~ercial. There's high utilization of green space on site. A !on of our own amenities on-site for the residents to enjoy, whether it's courtyards, walkways, gardens, et ce[era, we provide those amenities on-site for our own residents, we don't rely on the adjacent project's amenities for tha~. I think that's really all I wanted to say. I know Jeff Perry is here, if you have any specific questions on traffic. To me, it's an issue that's not really an issue. It was the only issue that the regional planning council asked us to address as we went through the DRI process, but one that was not regionally significant by any means because of the major reduction, bu~ one of statute. It was one that we had to address. So anF,;ay, we are here for additional questions, or if you have any questions of the owner representative, we'd be happy to deal with those, and we certainly would like to respond to any of the comments you might hear from some of the residents. CHAi~{~N BRUET: We'll give you that opportunity. MR. ARNOLD: Thank you. CHAI~/W BRUET: Thank you. Rot? Page 45 December 3, 1998 MR. :~iNO: Yes. Prank Ca!andra, Don 'folentine, Lester Pitcher, Pete >[arinovich, if you all ge~ ready to talk, address the board? also have Tony Franza, i don'- know if he's here on the other one. CHAi~.~2[ BRUET: Please just simply step forward. MR. VOLENTI[iE: i'm Don Vo!entine from 525 Saratoga Circle, in Glen Eacle Country Club. I just would like to say ~'~ , ~l~ot of all, that the entire concept of the project is fine with me, as long as the buildings are attractive, it's well landscaped and well maintained. The tlning that bothers me most of all, ! guess, is sharing our entrance, i don't know how many of you have been out there at all, but there's been thousands of dollars spent in improving our entrance. If we share with this facility, they will undoubtedly want signs saying this is the entrance to our facility. I t~ink it wou~d spoil our entrance. " I'm just talking with one of the gentlemen here. I didn't know before i came today that this was a public access. I guess the only way to abandon that is to get a petition out to turn it into private, from what he's -- he said to me. Consequently, why, it looks like we're stuck unless we can get a petition to privatize this segment of our entrance. However, that's my main concern. Because there will be traffic coming out, people coming into Glen Eagle from Davis Boulevard, people coming out of this facility. There's going to be -- flows right in there, then you'r¢~ going to have ~o stop pretty quick. - So i ~hink there's go'nc to be a traffic problem. And basically that's ali i have to say, thank you. CHAI~,Lz2,; BRUET: Thank you. CO~'E'[ISSIONER OATES: Sir, you realize that the traffic problem is going to be a lot less than it would if that was developed as com~ercial. MR. VOLm~,;Tz~,~E: Yes, i do. MR. CAL~,~DP~: Frank Calandra, 6780 Dennis Circle, in Glen }Eagle. Again, ~ agree with the conceps, but ! have some questions and some mi -~,~;- - ,~ ~ . . s~ ..... g~. And i ~ address :he he!~ht o: ~he building, which f feel may not be compatible with the residential nature that we are in right now. And going from 30 to 50 feet, I think, is a very substantial increase, and i think that should be looked at and reconsidered. Secondly, regarding the traffic, I don't believe we should say that it's -- it is an improvement, no doubt about it. And I'm happy to say it is an improvement. But I think we're dealing with the issue of today...The issue of today is that the -- I think one of the speakers said'there's going to be 500 cars going in and out of that place every day. That's a substantial and sizeable number. And we weren't clear as to how many feet was public. Somebody said 400 feet. But our guard gate sits in the middle of that, so it may be less. But regardless of that, I ~hink you have to consider a couple of key points. One is that recently, with the new management at Glen Eagle, we've instituted high security issues entering the guard gate, and as a result, there's been a backup of traffic. Before, people Page 46 e.,.o .... 1998 would j':sc buzz righc --brough. And now the guard ,lace cakes names and licenses, and i've already seen four and five cars backed up, and we're hoc a~ the height of our season. So ! ~hink GhaG has co be considered. Another issue is that the ~raffic -- ~he population a~ Glen Eagle right now is roughly = ~ou_ to 500 residents, and it's going up to 11 1,200. I think tha~ has to be taken into consideration. And I'm saying that if the backup is occurring now in November~ which is a !igh~ season, and we're no~ even fully s~affed -- or developed, i should say, i think we should exeec- orea~e~ backue in nra{~ic. ~. think you really have to consider that. I '~'~'~.~,..~. zt' 's a very serious"issue, because there may be instances where an ambulance has to come in and we may not be able to have them get in on a timely basis, ams - ' ' tn/nm that should be considered. There should be multiple accesses away from that main entrance, and i believe that there's a consideration for one access on Davis, and i think there should be maybe two, so that that should be the primary entrance and exit of the -- of the faci!itv. And i think that would obviate any .ootential problems which ' think would be very serious, and i "~,,K'~ I would like the board to consider those items. And if it requires, as rh~ previous speaker said, to put a proposa_ ~ ..... at we privatize that street, i think that should be considered, because ! think the foundation of this whole place is Eli Baron, and i think he did not consider the safety of this -- what would happen here -- C~IP2~ BRUET: Excuse me sir, the ~. -~ ' , p-.za~_zatlon of the entrance is really a whole different issue. We need to really just address our co~ents to the PUD. MR. CAL~;D~.: Okay. If you take a look at the map, it says Bretonne Park and includes what is now considered a public access. And I'm saying, why was it called Eretonne Park? !f {t was Bretonne Park, that means it was a kind of thing -- I'm not debating this with the board, don't misunderstand, i'm saying, understand the deve!opmeBt..itself did no[ have really very good foundations. And I think '{her~ '[,;ere' loose things happening -- CHAIP2{~N BRUET: Is there something we can do about that now? i'm kind of missing the point here. MR. CALenDS: ::o, i'm not saying you can. i'm saying I'd like you to address whether the previous speaker's co,men[ about whether we could opt to try to p~,zatize is really feasible or not. CN3. IPI~2{ ERUET: Again -- COf~4ISSIONER OATES: That will not be up to us, that will be up to the County Cor~mission, if they ever decide to do CN~I~.~; BRUET: That's a ',;hole animal by itself, of course. MR. CALD~DPA: That's what i wanted to know. CH~IPg,~; BRUET: All right. MR. CAL}~;D~: i thank you for your time. CFJ. IPiG~ BRUET: Thank you. If I could just remind the speaker, that if -- they've addressed issues on traffic and the like. We need to hear some other points of Page 47 Cecember '3, 1998 view. All right? We understand the issue on traffic. '.'= FP_~_NZA: i m,gh, repeat a l{~!e. CHAiP2.~2; ERUET: Pardon me? MR. FP_~;ZA: i might repeat some of the issues. CHAi?2.iA2~ BRUET: i don't care to hear them. i want to hear issues other than traffic. We're very familiar with the traffic issue. MR. FP3.NZA: Okay. My name is Tony Franza. ! live in Glen Eagle, a private gated, secure community. And incidentally, I'm for t,,_ assisted living faci] ~ty as compared to a strip mall. My concerns, maybe it stems back to our relation with Eli Baron, but on the other side of Glen Eagle, there is a forested area thaL homeless people are living in. I'm not against homeless people e~.._r On the o~her end '..:e nave Saxony (sic} Manor. it s affordable living facility, it's nice. They've done a nice job, except %hey don't have any separation between us and them. They have a chain link fence four feet high and no shrubbery o.~' landscaping. And the fence isn't completed after two years. ,Now we have the assisted living, which i'm for, and i'm concerned about what separation they have between us and them. It's not that I %;ant to wander over there, but on the other hand, maybe they don't want to wander over onto our facility. So i'm concerned that we have a proper berm or fence or something there to preven~ any of that from happening. C~-AIP14A_N BRUET: ?:e'l! have the developer address ~hat issue when we're..don~.~peaking, okay, to get you comfortable with this. MR. FRA_NZA: There's another one coming in, Whittenberg, the same consideration there. Are we going to have a consideration, are we going to look at them and they're going to look at us? I came here because it's a private gated, secure community, and so far, a lot of those things have been violated. CO,~,~4ISSIONER OATES: Mr. Chairman, the piece that he's talking about, Sazon Manor, isn't anlr~:here near their :property. Their property is in the south -- MR. FP~NZA: Oh, it is. CO:,S{ISSIONER OATES: i '.%eg your pardon, ~heirs is -- Sat.:on Manor is -- ~he ',;ay aE least it shows on here, is -- MR. FPJ~NZA: Saxon Manor is on our property. COM2{ISSIONER OATES: Yes, but it doesn't have anything to do with this property. MR. FRANZA: Oh, no, no. I was only using tha~ as an example of where we had no security -- CO:~4ISSIONER OATES: The piece of property he's describing is at the northwest side. This piece of property we're discussing is in the southeast corner. MR. F?_ANZA: i was only using tha~ as an example of where we felt it wasn't secure and it wasn't -- COM24ISSIONER OATES: That's not part of this developer's -- ~R:.-~:~RAi~;~':. ' No. COM~ISSIONER OATES: It has nothing to do with that at all. Page 48 December 3, 1998 MK. F?32qZA: ~[o, this happened in this situation, and also in the Whi~tenberg situation. CO~.E.[ISSiONEE OATES: Whittenberg also doesn't -- has nothing to do with this piece that we're discussing today. :{R. FPf~ZA: No, the only question on the heigh~ of the buildings is that I hope the landscaping doesn't give us a comp!ere view of that facility, i hope there is a separation, security and so forth. And as far as traffic, I don't want -- why can°t we have a separate entrance, as far as the traffic? CHAIPIG/,I BRUET: That's another issue. That's not part of this petition. MR. FR~ZA: Thank you. CHAI~3.~ BRUET: Thank you. Yes, sir, please state your name for the reporter. ~J~,. PITCHER: Lester Pitcher, Dennis Circle. I have to admit, most of my questions have already been answered by the previous -- CF~.I~32~ BRUET: Those are the kin~ of speakers we like to have. MR. PITCHER: And if I just -- my co~ent goes -- C~I~Z~,BRUET: Sure. MR. PITCHER: -- you're talking -- I haven't heard this, 50 foot building. How many stories is that going to be, four? Because part of the question, I'm thinking anything over three being inappropriate for -- within a residential area, even in the do~mtown ar,~a of Naples today, to where that's business as well as residential. They're putting -- at least the council is considering putting the restriction of three-story buildings in that particular area as well. So just a question there, is it appropriate for a residential area? CHAI~32.~ BRUET: We'll have the developer address the buffering and landscape issue. MR. PITCHER: Yeah. CHAI~2,; BRUET: I know that's a concern of yours, and we'll have him address that now. MR. PITCHER: Okay, thank you. CHAI~4AN BRUET: Wayne? Either one. MS. HEALY: All right. Well, I think i'm going to ask Mr. Jeff Perry to come up and address the issues as it relates to the traffic going in and out of that boulevard. And then of course as it pertains to the signage -- CHAI~ BRUET: Okay, I don't think Jeff has to spend a lot of time o~rt~[~i~i .... I mean, we're reducing traffic by 68 percent. I don't[]~nd~s~ahd the issue. But I would like to get them comfortable with the buffering. MS. HEALY: Okay. MR. WORTHINGTO~: Thank you. My name is Peter Worthington. I'm with the -- director of development for the Goodman Group that will be developing this project. Just a con%ment. The Deople -- the average age of the resident in our facility is about 82, and our units are complete apartments, so the people that live with us are perfectly able of cooking their own Page 49 "1" 2ecember 1, 1998 meals and par5icipating in all %heir normal retirement activities. As Wayne mentioned, we -- we try to develop our properties to have our amenities, our walking paths, our gardens. Our people don't wander. They're retired adults, looking for another alternative way to live in their retirement years. With regard to the buffer ng and the look of the projects, let me assure you that we are -- we a e long-term landowners. We'll be there for a long time. We want to be good neighbors. in terms of the look of t}~e building, it's important to us that our buildings look very good, .~ecause after ail, we're in a compe{itig~n~atket, and so we h&ve to be attractive to people who want to come there. We want to have good signage to make sure that we Look good to everybody, including cur neighbors. In other locations where we're developing a facility adjacent to a larger community, as we start the development process, we meet with the residents monthly to give you an idea of what's going on with the project. We %;ant to become ~:~rt of your co~munitV. In fact, it's likely, as we're doing in other places in the country, %ha% we migh~ be prc;iding some heai%h-re!ated services residents of your cor~munity from our facility. So we very much need to be good neighbors ~o be s'~ucessful. In terms of %he but!din, height, we've asked for 50 feet so that we can accomplish a four-story building. We need that for a number of reasons. One is we need ~o have a certain number of units to make the project work. We wan~ to b'3 able to afford to spend money on good buffering and good !andscap~ .g, and good signage, and good-looking buildings. In order to do that, we need to have enough apartments to pay for it. If we try to limit the leight, we end up with a building that's very spread out that eats up too much land, doesn't leave enough !and for green spaces and gardens. It also makes the walking distances within our building within our buildings too long for the residents. So. fe~:~ nu.Tdser of reasons, the four-story building is really important to'us'. We -- in the PUD amendment we've asked to have the setback from the property line increased. Our building will be further away from the property line than a current building would be allowed to. We've done that because we know we want to be taller than previously anticipated. We'll pull i% further away from the property line so it will be less of an issue. Landscaping, a co~men% -- or a question was raised at the homeov,~ers' meeting yeste:lay about, you know, are we going to do any more than nhe county code requirement. And the answer is absolu[eiy yes. We are a competitive marketplace. We need to make our facility as attractive to other pecple as possible. We spend a lot of money on landscaping. There will be a significant amount of buffering. Where we can, we'll try to maintain the existing mature trees, because those tall trees are really helpful. We've had some -- we will be glad to work with the residents to create as much of an opaque barrier as we can, all consistent with the idea of being a good Page 50 December 3, t998 neighbor. We don't happen to believe in wall and fences, but we do believe in iandsc~g,.plants and shrubs and trees, so we '..;ill have, i think, more than aaequate buffering to accommodate the residents' concerns. I think I've covered all the issues. CHAIP~MA~ RRUET: Thank you very much. MR. WORTHINGTON: Thank you. CHAI~,~2[ BEUET: Any further questions of the petitioner? Or staff? Very quickly. MR. F?~2;ZA: As - said earlier, i am for the concept of the nursing facility, i have no problem with that. But I really have to take issue with the fact that we're discounting the traffic issue. I think %hat's a very imDorzant issue and that we should at least consider it. And by saving that it's not a problem because it's less than it was before, i don't know tha~ that's really valid. So -- CHAI~3-2[ BRUET: 'You don't think a 67 percent reduction in ~-=- impacts is significant? I just fail to see your point. MR. FP32qZA: No, you misunderstand my point, CHAi~,~2-; 5KUET: i guess I am. ZdR. FRA~ZA: So let me ezplain it, if you would. CHAI~Z3~ BRUET: Yes. MR. FP32,;ZA: What I'm saying is that the issue isn't that it's less, we agree it's less. It's obvious that than's what they're saying. The issue is, is 500 daily, is -- that goes above a certain threshold.that is'not adequate for the existing entry, and that's all I'm s~in~~ .... [.[.-~'im[saying that should be conszdered. CHAI~!A/'~BRUET: You could have had a shopping center built [here without even being -- going through this process that would have dumped 1,500 cars a day in there, and now we're less than that. I just fail to see the logic here. MR. FRANZA: But we're not dealing with that. We're dealing with the current issue. I'm saying the current -- CHAI~S~;=RU_~:' =~ The poin~ is you could have and you wouldn't even have been here -- CO~4ISSIONER 0ATES: You '..,'ant them ~o go ahead and build a shopping center? [,[aybe they'd! build a shopping center for you. MR. FP~NZA: Ezcuse me, but I heard something about 5,000 -- it would have been four or 5,000 vehicles before, i don't think that would have ever been approved. It could have -- at least let's say this. It would have been approved, but you would have had multiple accesses. Ail I'm saying is that we should consider the number --'the absolute -- C0~4ISSIONER 0ATES: It's already approved. CHAI~4AN BRUET: That was. They could do that without even going through this process of a public hearing. !iR. FPJ~NZA: But there's a question about access. That's what i'm dealing with. I'm only dealing with that one problem, access, which~.I..f~eI~w0uld. ., be a problem, which the residents of Glen Eagle are gozng [o have to deal with this, as well as the people in the nursing facilities. When you have traffic jams there, you're going to have a Page 51 December 3, 1998 problem. And iu's not a ma~ter c~ ~', ~-~ ~- ' - ' - -,e_~g_,,g things out. t s their peak loads. Ai ~ ~' ' -~ ~ m saylng is r~i~-~.~:.~ consider the traffic !~::ue ,-~u 500 / .... cles coinc ; :kere daily and '-' - ~ ~ -., l~ S spread over o4 hours, i%'s peak loads, and %he fact that we're going %o have an additional 800 more, approxima~e!y 7 to 800 more residents built on Embassy -- Glenn Eag~o ATM 'm asking you is to please conside~ tha%. i'm not saying that it isn't an impro'zemen%, i'm saying the cu ...... threshold may have been exceeded, 500 may exceed the current threshold and may require additional exits and entries into the nursing facility. Thank you. CO~dISSIONER DAVIS: Sir, if you were sitting here in my place, you asked us to consider -- what do you wan~ us 5o do specifically? MR. FP32~ZA: i want you 5o consider the fact that -- COiC4!SSiONER DAVIS: ~o, not consider. What do you want me to do? MR..FP3/,[ZA: I want you to pu~ some contingencies on their plan that say that to be approved, we have to have further accesses, that the current existing access would be overloaded and create hazards. CO~.~4ISSiONER DAVIS: But you do understand that rather than come here today, if they want to change and be a shopping center developer, they. can go over to Development Services and ~.=~!e the paperwork to build a shopping center? MR. FPS}[ZA: Okay. !f they build a shopping center, could they use %hat current access? CO:~4ISSIONER DAVIS: Yes. it's all approved. MR. FP3~ZA: You would not consider -- CO~,EdISSIONER PRIDDY: it's already approved. CO~4ISSIONER OATES: We wouldn't have a chance to consider it, sir. COI~4ISSIONER DAVIS: Excuse me, it's all done and approved. They can go do that right now. They don't have to ask you, they don't have to ask me, they don't have to ask the Roard of County Commissioners, they don't have to ask anybody. MR. Fk~;ZA: Well, okay. It's obvious to me that this is a more economical situation, otherwise it would go the other way. CO~dISSIONER DAVIS: Maybe, maybe. MR. FRANZA: I mean, you're a businessman, I'm a businessman, and I have. an~ opportunity to make more money, I'm coinc to go the way that makes more~mQn~y. And I'm saying that if you do put a shopping faclllty in there, It would be havoc and chaos, and it probably would never fly, so they're -- so we're dealing with today's situation. Today's situation, all I'm saying is that please consider the fact that 500 exceeds the threshold. That may not be tolerable by the existing entry. It's a simple request. CN~I~ BRUET: Okay. Thank you. IdR. FRANZA: Thank you very much. I.~R. PITCHER: What everyone is trying to express is their frustration -- Page 52 / December 3, 1992 MR. BELLOWS: Sir, can you repeat ':'our name again? MR ..... n=.~: Les Pitcher from Dennis Circle. But they're trying to express a frustration, because all the traffic coming out of that particular facility, even though it may be approved for a shopping center, is going to be left-hand turns across all of that traffic coming into Glen Eagle. And as a result, it :.:ill be a big safety problem with accidents occ~~l.,g possibly, you know, relatively frequently, even worse, ten times worse, if it was a shopping center. But that's part of the frustration. That!~was .approved a long time ago. it's very difficult to see how that ;;as approved at that point in time. But it is a fact. But now they're still worried about that safety issues across there. Thank you. C,qA. IP2Z32'; RRUET: Thank you. ~ .... BELLOWS: I'd just like to point out to the two gentlemen that there is a proposal to add a second -- or an access point directly ~ of ~ -. o~_ Davis Boulevard as shown here. :.;hick would allow some additional relief '_o you. But in any event, : ~ that access is never built, the amount of -- reduction :n trips '/ersus the approved shopping center, this will no~ create any Drob!ems as far as staff ~s concerned. CHAiP2~-al; B?.UET: Are 5here any other speakers? if not I declare ~he public hearing closed. ' CO~4~4IS.~zO~,,mR DAVIS: And I have a question for Mr. Bellows. Looking at the entrance, the entrance became a point of discussion here. If I understand the paperwork I've been given, if I'm coming up to the guardhouse, the subject property is on my right. The property runs up to ',that is a county maintained road, which is the entrance to Glen Eagle's, and fronts up to Davis Boulevard. Correct? MR. BELLOWS: Yes. CO~4ISSIONER DAVIS: So currently, the entrance feature and signage, which is on either side of this public street, the eastern entrance fea[ure. and signage is on the property they're buying, correct? :' ~':' ' MR. BELLOWS: The entrance sign to Glen Eagle's? COM24ISSIONER DAVIS: Glen Eagle's. MR. BELLOWS: There may be an easement there, i have to check the plat. COb£4ISSIONER DAVIS: Just -- it doesn't -- you know, of course, the map I've got is awfully small. So -- MR. FJ~NT: Edward Kant, for %he record. it may sit in the ~ight-of-way or ~ ~ ,~ '..;ay -- as nay points out, it may sit on an easement. But ! think I know where you're going with this, that they have improved on both sides of the roadway itself. There's still, I believe, some signage provisions in the LDC that ,,till permit any use on tha~ land to have additional ground signage at their access point. COM24ISSIONER DAVIS: Certainly so, Mr. Kant. And there's the ample opportunity for that. But I ,,;as just raising the point of where it's located, I'd be surprised if it's in the right-of-way. Page 53 16G i' December 2, 1998 MR. .~ANT: if it is in the right-of-way, it :.;ould be there under pe_m~t. And i~ it s not in the right-of-way, then there may be some ocher agreement that would permit it to be put on that other piece of property. That's a tough call, because obviously we don't have any dimensional information on this map. COb~<ISSIONER DAVIS: Just the point I make. One of the people commented on, and i know that they've recently spent quite a bit of money to remodel and modernize the entrance feature to Glen Eagle's, and i% looks cuite nice. :.:y concern is, is the piece of property -_hat they're buying, half of ;;hat you just spent the money on, i think, may be on their p~ope~y. So ! razse that issue. You may want to -- you may want to come to some a~,e=.~.:.,~ about that so that you don t end up with half an entry. CO~2~ISSiONER OATES: Half an entrance is better than none. CHAIRIXS~N BRUET: Any further discussion? Pleasure of the board? COI~4ISSiONER 0~.~:~: .... Chairman, I have a question of Harjorie. Should we approve or submit for approval the PUD amendments before we do the DOA? b:S. STUDENT: Well, they're both recom.~endatory to the board, so ! think that :.;hat you would -- just trying to think ho',; we do this. i think we do the DOA first and then the PUD. COI{M~S~QNER. OATES: That's fine. M~?'~H~l~man', I move we submit for approval DOA-98-3 to the Board of County Commissioners with a recommendation of approval. COMMISSIONER URBANIK: Second. CHAIRMAN BRUET: There is a recommendation for approval bp' tom,missioner Oates, seconded by Co~nissioner Urbanik. All in favor? Opposed? {No response. ) CHAiP/~-z2'; ERUET: :,:orion carries. CO:C,IISSIONER OATES: Mr. Chairman, ~ move we submit petition PUD-86-i2(3) to the -~oard of County Comm~issioners with a recom.mendation of approval. CO:~4I SSIONER PEDONE: Second. CHAIR24~2~ BRUET: There is a recormmendation for approval by Cormmissioner Oates, seconded by Commissioner Pedone. Ail in favor? Opposed? (No response.) CHAIRI~; BRUET: Hotion carries. What have we got, one more? CO~{ISSIONER DAVIS: One more. CHAIPd{AN BRUET: if you could just take your conversations outside',:" p~al's~:. If we' ~oul~ get back on track here, please. just need to move forward. I'm sorry, ma'am, I If we could move forward to petition CU- Page 54 ~e~emoer 3, 1998 9~-17 and being a puo!ic hearing, all '-hose · , ......... to speak to this issue, please stand, raise your right hand and repeat after the court reporter. (Ail speakers :.;ere duly sworn.) (Cor,.missioner Tragesse left the boa,c~oo .... ) CHAIP2,~2.; RRUET: I'm going to have to excuse myself. Pedone will take over. Run this place with an iron hand. (Chairman Eruet left the boardroom.) :.:R ~=rcCUL: F~s P. eischl ~ - ~. ........... , p.a.,n_,.g services. This is a req,lest for a conditional use for a golf course on approximately 260 acres of agriculturally zoned land. It's located the east of County Road 95i. You can see in the vicinity of the proposed golf course to the east would be the existing Olde Florida Golf Course, which is zoned GC, golf course. To the north and ',.;es~ are developed and undeveloped agricultural parcels, some with low density residential. Farther to the west, as you can see on the l°cati6n'~:;~s the Vanderbilt Country Club. };ow you can see the Vanderbilt Country Club, which is now under conszructlon. And to the south of the site is Golden Gate Estates. The proposed plan for the golf course as you can s~ incl ~ ~,' ' - - , small clubhouse area and - ' - ,.~aln~enance area. ~.~e resn of the area would be ~he links, space between them, and Army Corps of Engineer wetlands, which will be preserved in ~he plan. i did receive a letter from a gentleman who had some questions regarding stormwater management. I spoke ~o him on the phone and in person, and his questions were resolved and he has no objection to the golf course. There are some changes. Mr. Nadeau will pass ou~ a revised ownership. Apparently, Mr. Quinby has acquired more of the properties, so many of the smaller owners are Mr. Quinby as trustee. There is also a question -- or no~ a question, a change on s~ipulation nu~er four, which says ~hat ~here is no -- there shall be no access from Vanderbilt Beach Road· Through :,tr. Nadeau's research, he has found out that even though Douglas S~reet physically exists, there's no easement, there's no right-of-way, it's just basically a dir~ path going north from Vanderbilt Beach Road. Therefore, access going to b~.g~Ning off the end of Vanderbilt Beach Road at ~ha~ point. I beli~e~2..Khnt has agreed to the removal of ~ha~ condition. MR'.' REISCHL: ~di~h that, staff recommends approval. CO~4ISS!ONER PRIDDY: i have a question. COmmISSiONER PEDONE: Go ahead. CO:~{ISSIONER PR!DDY: Fred, if we were building houses or dwelling units as opposed to golf courses, how many dwelling units might this property qualify for and hold? MR. REISCHL: i believe tha~ was two hundred -- two hundred six - - no, 52 single-family homes. - CO:G{ISSIONER PRiDDY: Okay, thank you. CO}~4ISSIONER PEDONE: Any o~her questions? Hr. Nadeau? MR. NADEAU: Acting Chairman Pedone, distinguished members of the Page 55 ~C .... oe~ s, ,998 cos.~ission. For the record, my name is Dwight ~:adea,:, McAnley Engineering and 8esign, representing the a.~o!icant, Everglades Golf Corp. ~ ' if i can refer you to the first page of the staff report, it says the property o'~aners. I can tell you, and documentation has been provided to Mr. Reischl, that the property has been closed with Jaeger, with Merrimont Development Corporation, with Yvonne Fields, Daisy Anthony,~.Coretta Anthony, Adria Parsons, Angelos and Angelika Patsis"and!'M~r~orie Tasetano. So presently, the currently -- the current oroeerty owners a~ ~oggs Doo .... Doramo and Gulf Club of the Everglades. The closing on the balance of the property ',.,,ill occur after the board hears this conditional use application i think "~ Reisch! has done a superior job in describing the project. What we've got is roughly 261.8 acres directly adjacent and to the west of the Olde Florida Golf Course. We're proposing 18 holes of golf, which would include approximately 107 to 109 acres of fairway. The balance would be rough. :';e have 28 acres of lands which are jurisdictional to the Army Corps cf Engineers, bun due to the hydrologic conditions, we're jurisdictional to the Sou:h Florida Water Management District, nor Collier County. As pla .... e_ Re,sc ..... =~ified, Douglas Streeg doesn't exist. Even :hough there's a county street sign out there cal!;~ ~,.g it Douglas Street, it doesn't exist. The -- a dirt road there does meander in and across my client's property, and we're going to allow that access to remain. It's our intention to have a 15-foot wide buffer to the easg of the so-called Douglas Street. And we will be taking access off of a 60-foot right-of-way easement, 'which was donated -- or which was given for access .to -- to the Olde Florida Golf Club. it isn't actually Vanderbf!~!'iBeach Road, because the Vanderbilt Beach right-of-way stops slightly to' tho"west of the subject property. That '...'as the reason for the removal of that fourth condition in the resolution. if you have any questions, i'd be happy to answer them. CO:~{iSSiONER PEDONE: Any questions? Do we have any speakers, Mr. Nino? "~ NINO: No, we don't CO~Z2<ISSiONER URBANIK: i move that we forward petition CU-98 -- CO:/2'[!SSIONER PEDO:;E: Well, ~irst I have to close the public hearing. T close the public Do we have a motion? CO~.~.~I~SiONER UREA2;iK: Yes, :.:r Chairman i move that we ~o~'..~a_c pe .... on CU-98-i7 %o the Board of County Con%mission for approval. CO,~C4!SSIONER PEDONE: Do i have a second? CO~,E4ISSIONER OATES: Second. CO~4ISSIONER PEDONE: Second. Call for the vote. All in -- any other questions? All in favor, signify by saying aye. Opposed? 16 December CO~'!ISSIONER PEDONE: None. Motion carries. MR. NADEAU: Thank you, Com~issioners. CO~4ISSIONER PEDONE: Do you want to do any recycling, Mr. Nadeau? MR. NADEAU: Yes, sir. COI~4ISSiONER DAVIS: Mr. Chairman, i think that brings us back ~o the one we moved to the end. COI'E4ISSIONER PEDONE: Yes, it does. And that would be PUD Number 98-9, Glen Eden on the Bay. i'll ask all those who have -- who intend to speak on this subject to stand up and be sworn in. (Ail speakers were duly sworn.) MR. ~I~O: Mr. Minor, would you like %o enter into the record the property ownership details? ~.. MINOR: Yes, sir. ~.~y name is ~.[ark Minor. I represent Glen Eden on the Ray, a limited partnership. I apologize to the board and the staff members for the delay. i'll read for the record the property owners and then I'll submit this in writing to Mr. Nino for incorporation into the file. And the property owner of record is Glen Eden on the Bay LP, a Delaware Limited Partnership. The managing partners are Mr. Gary Kinsetla'~K~I~NrS-E-L-L-A. And Mr Harry Littler. L I-T-T-L-E-R There. is a -- one general partner. That would be Western Sales and Development Company, a Delaware corporation. The president is Mr. Harry Littler. The vice-president is Mr. Gary Kinsel!a. CO~4ISSIONER PEDONE: Everybody satisfied? In other words, questions as to the op~ership. Okay. MR. NiNO: For the record, Ron Nino. Glen Eden on the Bay is located on the west side of Vanderbilt Drive, i~mediately south of the Bay Forest development and north of Arbor Trace. Is it Arbor Trace -- Arbor Trace -- two residential communities -- MS. SMITH: Excuse me, correction. MR. NINO: Please, please, please. MS. SMITH: Bay Forest. CO~4ISSIONER PEDONE: No, but you're not speaking right now, so you'll have to keep quiet until your turn. MR. NINO: The petition is for 40 acres of land, currently zoned agricultural. The request is to rezone it to the planned unit development classification. The density that is allowed under the Growth Management Plan is three units per acre. This petition will not exceed that density. As a matter of fact, it will be somewhat less. The density of this project will be 2.3 units per acre, which as I indicated, is less than th~:;~:A.:~~fi.-I· . . . g p acre o~herW~ge a~thorized density of three dwellin units er . of this petltlon for consistency with applicable elements of th~'Growth Management Plan, particularly traffic circulation element, indicates that this petition is consistent with the standards that we have to -- in place in order to justify a recommendation for approval on the basis of traffic conditions. Page 57 December 3, 1998 With respect mo conservation and open space, as you know, projects, residential projects, need 60 percent of their area in open space. This pro~ec% will have 42 percent of its area mem aside as a result of preserves and lakes, which qualify as open space. And ~i]en %he balance of %ka% iE percent would be open space that is designed within ~he residential tracts themselves, and we're comfortable that they will exceed the 60 percent requirement. With respect to the water, sewer and stormwater management element, those are items that are typically reviewed at the subdivision stage and the site development stage. Ry law, we're required to make sure that those approvals are consistent with the water and sewer and stormwater management element. Therefore, this petition, in our opinion, is consistent with all of the applicable elements of the Growth Management Plan, and justifies,,a..recom~,endation of -- a recommendation of approval on that basis'alone. However, as you know, that's not the only basis upon which we look at petitions. We look at them for timeliness of development, we look at them for compatibility. And particularly wi~h respec~ to the issue of compatibility, because that gets our greatesm attention, usually. We have a piece of land zoned agricultural, located between two multi-family, basically multi-family residential projects, a greater density than is requested by this petition. So surely, one would have to conclude %hat that use of land is compatible. The owner of this proper~y is entitled to develop the property for a residential project because that's whan the law allows. i know there are people here today that are going %o say it would be nice 5o leave i% vacant. Under :he law, we canno% do that. we cannon deny a person an opportunity to develop their land as long as it's consisten~ with the county's master plan of development. The PUD documen5 that you have before you does reflect some of the concerns that we've raised, some of the conditions that we've asked them to include in the document. For example, this document includes all of the environmental conditions that were recommended by the EAB. it includes the stipulations that have been recommended by our transportation staff and by our engineering and landscaping staff. At, this,.point in time, however, there are some items that legal and ours~Qe~ need to tweaK. We haven't -- we don't have i,Is Students s~gn ~r~ on tnzs Gocument oecause there are a few outs~anG~ng questzons. But they are not of a substantive nature. They don't deal with whether or not this property should be developed as a residential project at the requested density. (Com,missioner Oates exited the boardroom.) MR. NINO: I also neglected to point out, because I think it is very important in terms of the issue of compatibility, but this request is for a single family development located primarily between projects of multiple family nature. So obviously, this, if anything, should be deemed 5o be a more compatible project than it might otherwise be if it were for a multi-story, multi-family development aparnment units. Page 58 2ecember ], !99~ We certainly reccr.-.end an approval subject to our ability to make some minor modifications to the PUD consistent with !eta! review requirements. Thank you. COI'R4ISSIODER PEDO~,:E: Any questions of ~':r. Nino? There being none, Mr. Minor? MR. MINOR: Thank you, sir, my name again is :,:ark ~.:inor. I~ thiJk~.Ron made a mistake when he was talking about the location of the' prop~t~. The Emerald Bay property lies directly to the north of the project, and i ke!ieve that's what you all '..:ere concerned about. We started this process four or five months ago, and we're bogged do'~.;n a little bit with en';ironmental issues. And in the staff report, there's some rough acreages that have to do with preservation of wetland. There are jurisdictional areas. We've since modified our plan that was shown to the state and the federal regulatory agencies to remove all proposed impacts from those jurisdictional areas. Thus, our open space has increased in the area and the~= are no impacts to any sensitive wetlands that are on the site, in c~mp!iance :.:i-_k -_heir request, and also, the EAB concerns. We've read -- incorporated staff's stipulations into the revised PUD ~. ..... . There the t;Du!at~on howe';er that we object [o, and it is sho:.,~ graphically on the PUD master plan. And that is the requirement to provide two five-foot wide concrete sidewalks, one on either side of the street. COMI~ISSIONER .mDO~,~m: Why did I know that~ MR. MINOR: And I'm sorry, I just wanted to bring that up here. I don't know if you all want to discuss that or not. We would -- we would like to go on record as saying that we deem those as not being necess.ary~because of the low vehicular and pedestrian ~raf~c and the nature:6 tne~pro]ect. We would like to propose one =lye-foot wide concrete s~dewalk on one side of the street, and that's really all I have on that subject. I'd be happy to try and answer an'./ questions that you all have, or possibly if these people ~'n the audience are going to speak, could try and clear some of that up, too. CO~4ISSiONER PEDONE: Any questions of Mr. Minor? MR. NINO: Mr. Chairman, I wanted to_~dentify that th_~_~'s something I forgot to indicate in my presentation, and that was -- no, i guess Mark's already done that. I'm sorry. Mark caught up to me in the revised plan. You'll recall a statement in my staff ~= ~' ~~po~ that said 1 = ought ~o be possible, under an emergency condition, for people to go from this project to Arbor Trace. And i was looking at the mas~er plan, and Mark did make that change on it. Forget my remark. We have two speakers, Mr. Chairman. James Houston and Janet -- I can't make it out. Smith? MS. SMITH: Smith. COM/4iSSIONER PEDO~.;E: Ezcuse me, have they been sworn in? I don't remember. MS. SMITH: Forgive the rude interruption. I was concerned that Page 59 Decemoer 3, i998 the record was~ going to read Bay Forest instead of Emerald Bav. i represent -- represent residents of Emerald P~ay who are both concerned and curious about one particular feature of 'Lhis d,:v~-~lopment of Glen Eden at the Bay. Most of us on the boundary bought tho:~e units particularly because we back to a conservation area,.,a~.~ preserve. Ant we :.;ere told very strictly ~ha~ ',.;e would not -- should not tamper with it in any way. :';e were also assured that there ',;ould be a% least 30 feet beyond our boundary retained as a nature preserve. And needless ~o say, we have cherished those woods and tall pines. On the preliminary plat, it shows the road going along our boundary, and then a !5-foot landscape easement. No '..;oods. No woods at all. It's true the wetlands have been kept at the back. It's true -.hat there is -- there are one or two small sections designated upland o~e~ ~_. t '..;e are really woncerlnc ho',; th~s previous designa~!on has been so easily puu aside. That's our chief concern. The landscape easement doesn't show anything much except a line. We have noted and obser';ed ;;hat has taken place at the Glen Eden development across Vanderbilt Drive on the east side. Everything was simply cleared at the boundary between that and the retreat. And there were woods there. A fence has been thrown up. It's quite barren, but I understand a few trees will be put along the fence. To those of us living adjacent to the woods and who, as I say, were assured?that they would stay, and in fact, we have been scrutinized by the county from time to time. One resident was fined substantially because he ~ook down a tree which interfered with his view of ~he lake. ;'le -- we're just sorry. We're just really sad to see this desecration of the natural preserve. And we want to protest it. Thank you. CO>2diSS!ONER PEDONE: Next? ~.~... muScOvy: :dy name ls James Huston, H-U-S-T-O-N. ;:nd i would like to go on record as supporting what Janet Smith has already stated. :':y conc~ re!ares also r_o the .... ..~moe~ of un~%s as it impac%s the placement of the access road and the buffer zones on the preliminary plan. i'm urging you to consider saving as much as the natural beauty of the present preserve as possible. Especially the zrees and the vegetation between Glen Eden and the Villages of Emerald Bay. After being witness to the Glen Eden development directly easu of the proposed planned site where the land was level and most, if not all, the mature trees and vegetation ,,:ere destroyed, I believe our concerns are valid, and i would just hope you would take that into consideration. Thank you. CO~4I$S~ONER PEDONE: Anyone else? Any questions from CO~4ISSIONER PRIDDY: i have a question or two for Mr Minor ~.s zt relates to the roadway that the neighbors have concerns 'with, can you describe ~o ,is the landscape buffer, the berming, and if it's possible to leave any of the mature vegetation in that area? :.IR. .MINOR: Yes, sir, i can. Unlike the sister project, Glen Eden, across the street, which requires a few feet of fill in order to Page 60 Cecember 3, 1998 get the,_r flood elevations on their road, and yo~: know '..,'hen we fi!! a couple of :eet for the roads, and three and a half or four feet 'for houses, there's not much room -_o save the native vegetation. We are unique. The existing elevations on this side of the street at Glen Eden are -- we're going to be cutting a little bit for our roads. Therefore, we will be able to save the entire 15 -- all the natural vegetation that's within the 15-foot landscape buffer on the north property line, plus you can see there's two pockets to the road, dips to the south, all of the natural vegetation in those areas, and at least another five ~ ~ ~ ' =e_t from the edge o~ the pavement to the right of way. So I would estimate there would be 20 feet of existing native vegetation. No',;, some of that is rather sparse, because it's a scrub -- it's a sandy type of habitat. That will be enhanced with plantings tha~ meet th~i~J~i p~velopment Code. That is a type B buffer, i believe, that's required there. So any fill in would be, you know, your trees at 25 feet on centers and shrubs where they're required. COMMISSIONER PRIDDY: Thank you. MR. MINOR: Yes, sir. CO:C4iSSiONER PEDONE: ;:ny other questions? CO:C.:ISSiO:,~ER :'/RAGE: Just Ron, I heard the v.'ord preserves :-.brewed around here. This has never been a preserve? MR. .~I,',O: ~:O. CO:G4ISSiONER :.';P3. GE: I don' t -- MR. NI.NO: That's not correct. CO~<ISSiO:,~ER WPS, GE: That's always been agr:_cultural? MR. HINO: it's always been agricultural. MS. SMITH: Excuse me, why were we misled then? Why };ere we ~old to leave this -- CO[~4ISSIONER PEDONE: Can you come to the microphone. :';ho told you that this was a preserve? MS. SMITH: The seller. The seller. And -- COM/4ISSIONER PEDONE: And you belie'zed him. MS. SMITH: Well, as i say, the count'/ has chocked on us from time to time to make sure that we're not tampering with those woods in any way. gOM/4ISDIONE~, DAVIS: Ma'am, if the seller told you that this ',:as : I~*: t.~: I I ll.l,l,,.;" a. preserve, ~ne pr.oper~y we're talking about tonight -- today -- MS. SMITH: Yes. COM2{ISSIONER DAVIS: -- I'd suggest you leave here and go see an attorney, because it's a civil matter. MR. NINe: i think Mrs. Smith, though, is referring to vegetation, if you look at the monitor, she's referring to a row of vegetation to the rear of those properties, to those buildings in the -- in Water Glades development, Emerald m_ay's development. I don't think she is saying that all of the land to the south ',gas a preserve. in other words, this 40 acres. I don't think she's saying that. MR. MINOR: No, sir, there is, you know -- as you know, an ST -- HR WRA=m: Well I just raise the issue that I heard the word. But I assume that it ,was never a preserve, and I -- Page 61 December 2, 1998 ~4R. MINOR: No. ~4R. WRAGE: -- ju~ t to clarify that. CO~24ISSIONER PEDO,' E: Any other questions? There being none~ i'll close the public kearing. Do I have a mot CO~ISSIONER WE3 :: ~r. Chairman, I make a motion and reco~unend for apDro{;a~.~of!'PUD -- petition -- well, an~,;ay, PUD 98-9, as described. COM/~ISS IONER URR? NIK: Second. CO~ISSIONER PEE NE: Any questions? Discussion? There being none, I'!i call for t:.e vote. All in favor, signify by saying aye. Opposed? (No response.) CO~4I SS IONER PEL D[:E: None. Okay, I need the findings of fact for the previous case. COI~ISSIONER DA"IS: We passed ours o,;er. Oh, here they are. CO~MISSIONER WR GE: This end took care of their work. CO~4ISSIONER PELONE: Do we have any old business? Do we have any new business? A~ly public co,T~nents? COM/4ISSIONER P~ )ONE: They've been continued. COI~dISSIONER W %GE: It was continued at the beginning of the meeting. CO~MISSIONER Pi~EONE: At the beginning of the meeting that was continued until Dec ~.2~er the !7th. Do you have a copy of the agenda? Did you see on the ~cttom where it says continued? Okay. There being no further business, I will adjourn. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:46 p.m. COLLIER COUNTY PLANNING CO~MISSION MICHAEL BRUET, CHAIRMA2~ TRANSCRIPT PREPAPED ON BEHALF OF GREGORY COURT REPORTING SERVICE, iNC., E'.' CHER!E' R. LEONE, RPR Page 62 RECEIVE[ COI.I.IER COUNTY EN\'I RON31ENTAI, :\DVISORY BOARI) ,\GENgf~..I~d of Count, ~';c.~~ ';~ io,ec~ .IANUARY ~99:9 n.m. CO.Xl.~,IISSION BO:\RDROO.X,I. TIlIRD FI,OOI~,--..\I).X. IINISTR.,VI'iON BUII,I)IN(; I. ROLL CAI. L II. APPROVAl. OF MINUTES - November 4. 1998 III...\DDENDA IV. CONS liNT ..\ I)MI N ISTRATIV E A PPROV,,\ 1. ,,\GI!NDA All matters listed tinder Ihis item ;ire considered to be rouline and action will be laken bv one motion vdthout sepnrnte discussion of each item. If discussion is desired by a mend)er of the Board, that itemis) will be removed from the Consent :\gend:i and considered separately. V. REGULAR AGENDA .-\. Planned L'nit Dcvclopmcn! No. PUD-98-17 "Whittcnbcrg Estates" B. Commercial Excavation Permit No, IiX 59.672 "Lilac Excavation" C. Commercial L:xcavation Permit No. IiX 59,678 "Maloncv Commercial Excavation" D. Commercial Excavation }'ermit No, EX 59.664 "Roberts }tornesite and Commercial Excavation" E. Commercial Excavation Pein'fit No. 59.642 "Angela Excavation" VI. OLD BUSINESS VII. NEW BUSINESS Carter Constantine ~c'Kte ~err$ ' .r.. Lt, Copies 1o: \"I 11. A I)JOUP, NM I!NT t IX. W(_)RKSI lOP NOTES: A. [Board ?,lenfl~ers]: Notify tile PLANNING SERVICES DEPARTMF. NT (403- 2400) no later than 5 P.M. on l)ccember 31, 1998 ifyou cannot attend this meeting or if you have conflict and thus ,,,,'ill abstain from voting on a particular petition. [General Public]: Any person who decides to appeal a decision of this board will need a record of thc proceedings pertaining thereto; and lhcrefore may nccd to insure that a verbatim record of the proceedings is made. which record includes thc testimony and evidence upon which the appeal is to be based. MEMORANDUM Date: To: From: Re: February 11, 1999 Jean Gansel, Budget Office Lisa Steele, Deputy Clerk r~inutes & Records Department Item #16H!, approved February 9, 1999 This is to confirm the two originals we provided to you on February 10, 1999 regarding the above referenced item. When the executed documents are returned, please send one orginal of each to this office for our files. If you have any questions, call me at 774-8406. Thanks, .,\rticlc V TrLISt Fund (h'al)t-in-,,\id A~Tmccmcnt fi)r ('()Iii(.')' C'otmt.v. Fh)rid;~ This Agreement is nlaclc bctv,'cc~l thc Ollicc of thc State ('Otll'lS Administrator (Iht "( }.'$( 'A" ) and thc (;olli(:r (.'()ulm,' [:loard ofCounl)' Commisskmcrs (thc '(i)a ~ ct.' ). 'ibc parties agree that: Thc ¢)S('.,\ ~ill pay thc (]rantcc up lo ~,,19~49~ as a ~rant-in-aid pursuant t() gpccilic ..~ppropriati(m 2219 ()f thc 199X-99 {icncral Apim)l~riations .Act and ~23.4I)2. I'la. 51;il. 11997). lbr c(~ts ~llcurrcd umlcr Article V ol'thc I:lorid:~ ('()nslituti(m iii ()pcrating Iht %talc CtqlFlS S)'SIClll. crmtin~cnt upon stlflicicnt (~()tllll%' Article k' '['rust Fund c()llccli()ns. I Ip(m ~ rittcn request tbr thc rctcasc ()f thc fumls. Iht (}gUA ~ ill pay out Ihrcc dishurxcmcnls prior t() July 31. 1999 t() thc Grantee. Thc (Jrantcc has a poi'relation ofgrcatcr than 74.999 ami ~% ~11 usc ~rant re(mits pr()vidcd under this r~rccmc~lt ill accordance with f25.4(IZ( I)[ d)(2). Fla. ~Ial. II ()()7) I~r cx pert witness f~cs in criminal ca,cs, court rcportin~ and tran~cribin~ cnsls in criminal casco, ami c(~sts ass()ci'atcd xtith thc apl~,>intmcnt ()1' special public dcl~n(lcrs. Thc ¢iranlcc ~,. ill SLIJ')miI a ','. rillCrl rcquisilion l()Ibc ().S( ';\ for release of/zr':ull funds Im later than [:cbruln';' 19. 1999. Thc (irantcc. in consultation tvith thc chicl'judgc ol'thc 'i'~',cntit. th Judicial ('irct,il. ,,t ill submit il detailed. ,,,. rittcn [')lall ti}r use ol'granI l'und,~ m ().'q( 'An() later Ih;m Fcbrt~arv 19. 1999. for OSCA's usc in reporting I()the Fh)rida l.cgi~,latu~c. Thc (irantcc ~t ill n()I t)',c grant I'umls for I()bbving tile Florida I.cgislalurc. Iht judicial branch, or a SIillC ;tgCllC.v. 'Iht (iranicc ~,t iii retain gral]l I'tlflCl.~ II()l CnCtlnfl'~C)C(I by .lime 3(). 19()9 li)r SLfl'~SCqUCnI USC in accordance ~,~ith Provision II. The (}rantcc ~,ill rcturll encumbered by Jtmc 3I). 2I)l)l. along with inlcrcsl accrued, lo Iht lrusl I'~md distritmti(m lc)all cmmtics in thc t'und's fourth year. (' This ,,\grccmcnt is sub. joel lo thc li)llmvi)~g Icrm~ ami co ~t Irons: Thc (h'antcc v. il] Illllilll;lill proj'~cr ([OCLIIllCIlliIli~))I (,l'all m(mio~ ',pent in a ma)mcr sut'licicl~t l'~)r pr()pcr pre- alld fu)Sl-atJdll. Thc ( }rlmtcc ~,. ill mainlain all cxpcmliturc rcc(~rds for a period of 4 years folh.)',vh'~g thc c(mclusi(m of lhis ,'\grccmcI~I. Thc (]ranlcc ,a iii maintain all rcc()rds re:ldo or received in c()n. juncti()n %~ith this <\grccmcnl in accordance with thc requirements of rule 2.()51. Florida Rules of .ludicial ,'\dministrati(m. I()f2 -122. Fla.."ilar. (1997). inc{~rl.~()ralcd as :\tlachmcnt ..\. Il:or IL'ss Ihan S25.0110) \Vilhin 31) dilSs al'let Iht ICl'lllltlilliOll (hilt oi'lhis .,\grccmcnl. tile (irantee will l',rovide asv, orn statement lo the ().SC'.,\ and thc ,'\udih,r (icncral attesting to tile Grantee's compliance with the requirements of'this Agreement. (For 525.000 to S IIHI.¢HI0) \\'ithir~ 30 days afler tile lcrminati~m date of' this · '~gr~'OH1k'Hl. file (]ralllCe will provide m lJ~e ()SCA arid Ihe Auditor (]choral an atRli[ pcrlbrmcd in accordance ~t ilh Ihe/XutJilor (;cneral rules prnmt~lgalcd purstH~nl lo ~J J.45. J:];t. NlaI. { JggT). or a slalen~cHt prepared by an {ll(JcpeHdcHl ccrlilScd imblic ;ICt'l~tlllI~ltll lJl~ll illlUhlS lo (Jl'alllk'c'S COlllpJi;tllCC k~ JlJl lJlc l'CtJtlirglllClllS oJ' IIlis Agrecmcnl. (For more Ih:in S 100.000) \\'hhin 30 (J:lV.~ aflcr tt~c lcrmmalicm dale of' .'~grcclllCll[. thc (]rillllce kt ill prok idc 1o thc OSC'A and Iht Auditor (}cIicraJ i111 pcrlbrmcd in acc~rd;mce with Ihe Auditor (}encral rules promulualcd pL~rst[anl p I 1.45. Fla. Slat. {1997). thc.imlgmc~ll ~Jl'lhc ¢)$(':\. lac (;ranlcc liar an~. rca,,~m lilil,: I,~ comply ,.,~ ~l'lhis .'\gl'L't.'lllC[l[~ lilt.' ( ).'q(_',.\ ,,viii hH~ ,,..' tilt.' ri~llt ti', tc'rmlflatc Iht ..\gr,..'cnlt.'n[ dil',.-, ','..rillt.'ll I'IJHiCC by ccrtif~t.'d mail. In lite c',.cnI ~,f It.'rnlinalhm. lilt ( il'illlit.'c v. ill rcttu'n all grant fum. ts h) Iht ()SCA Ibr rc~,.crsH)ll h~ thc :\rliclc' V Trtlsl I'uml. '['hJ,i :\grcclllClll COH'qJttllCS tile entire tmderslandinu ol'lhc parties. All modilica{i ms tfl Iht .'\grccmcnl nu,t be in ,.,~ riling. This Agr¢cmcnl is cffcclive on iht dale ol'cxcculion mid will ICrlllill;llc Oll .JtlllC 3{}. 199'g. I:1.¢.~1),ll).\ .SE 'I'I),I!\llL ('{It 'RT. {}l:l"l( '1! TI if: .S'I'.-\'I'I: (.'()1 'I),'iS ..\I)XlINIS'I R,,Vi'(}P, Kcnnclh R. Palmer .State (.'om'ts ..\dministrah~r [)ate (;RAN'[ I:1: lhmrd ol'('ounly C'ornmisshmers ATTEST: C~; . DWIGHT E, BROCK, CLEP~ s l~ature ~ DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 161 2 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 161 3 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 COI.IolER CO I:'NT'~' FI.ORID/,, I~I';QI~EST F'Oll IA-X;AI. :~,DVEI,VI'ISIN(; OF PUBLIC IIF;ARINGS Clcrk lo the Bm~vd: Please pl;~ce the fiHlm~ Normal legal Ad'.crliscmcnl [] Oilier: IDisphD Ad,.'. localion, cie. } Pefitlon ,No. Iff none, gl~e brief descrlt)l~onl: Petitioner: (Name & Address); Nlarm Curinl¢,. 8.15 B;dd...E:lg .e. Dr., M;Irco ~l;tnr~, FL 34145 Name & Address of any ~rsont s) to ~ notified by Clerk's Office; (If more space ~s needed. ;Hlach sci)ar:itc shccl) N~;~rl~.[~. D Pinckncv. P E Alllcric:H1 Enmpecrln,2 COH]II~I;ilII[. 121c . 57.1 Bnld En~le Dr ~larco Island. VI. 34145 Hcnring before XXX ECC ItZA edger Requested l~{car~ng d;llC Fcbruar-, ';. t3ascd oil ad', cn~scmcnl nppcarmg 15 da? s before he:~rmt~ Nc~spnpcr{s} lo tx2 used (Complclc on13 il' illlj)Ofl;llll) X:(X N'aplcs Da,Iv N'c~s Other ~ Legally Required Proposed Text (Include legal dcscrlpuon En2inccrinu Consuhan~s, lng. rg2r~5~g3~D!~fi' .Mr2rio C'ur~ rcr~s~H2_~ :~ redone from "A" 1o "('-5" fOLl)r~r~x. I~ntcd on ll~e north sideofUS. 41.Easters R ,15[ m SccHon 3. Tox~nslU251Sotnh. R;muc ~6 F~q Colh,'r f'o Comp;lnion pcliHonts). ~f an~ ,t proposed hcnrinu dale S PCllllO~l Fcc include I ~7138323'6491 IO ~ ~ No Ill'es. ,~1,;,1 accounl should bc ch;~rgcd for advcrl,s,ng cosls ~Ticx~ cd by: Approx cd ~ Div~sion Hcqd ~atc Coum~ M~nagcr Datc List DISTRIIIIFI'ION INS'FRI ("I'ION.~ Clcrl,:'s For hearings bcfo,'e BCC tar BZ.A: lnitiafin2 person Io ct)mi}fete one coy and olHain l)i~ision ilcad alHm~al bcfi~re submitlin~ lo Counly .~lan;I,dcr. N'ole: If Ic~;ll dt)cunlcnt is invohed, be ~ure th;~t ;In~ ncccs~;try legal rcvit, w. t)r request for same, is sul)mittcd to C,,unt, Altm'ncy heft}re stJIJmiltin~ to Countx ,Mana2cr. 'I'Ve 51anagcr's office will distribute ~...~( Ct)lHe~: · C,)untv .~larm~cr ;~Zcnd;t flit': hJ ~ Rcquc~tlt~ l)i~ i~i,m ~ ()ri~inal ~:~ t3. OlhcrhcarH~gs. IrnHalmgDixis~onheadtoapproxcandsubm:tor]ginalto(.ic~k.sOll]cc. rclamtng;]copylbr file. FOIl CLERK'S OFVICE USE O~'1.¥: , - · '0: PAM PERRELL ~~: NAPLES DAILY NEWS 263-4703 lTA LISA STEELE l~7.~kTI_Cf~: COT.T.TlzA CO[]NT~ COURT~OUS]~ (941) 774-8~06 17A December 18, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: R-98-2 ~nerican Engineering Consultants Dear Pam: Please advertise the above referenced notice one time on Sunday, January 24, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138323-649110 17 A December 18, 1998 Martin D. Pinckney, P.E. American Engineering Consultants, Inc. 573 Bald Eagle Dr. Marco Island, FL 34145 Public Hearing to Consider Petition R-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Co~missioners on Tuesday, February 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 24, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure December 18, 1998 Mario Curiale 845 Bald Eagle Dr. Marco Island, FL 34145 Public Hearing to Consider Petition R-98-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 24, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 17/i NOTICE OF INTENT TO CONSIDER ORDI.qA]:CE Notice is hereby given that on ~TFE. SDAY, FEBRUARY 9,1999 i.n the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Cor~missioners will consider the enactment of a County Ordinance. The meeting will com~mence at 9:00 A.M. The title of the proposed Ordinance is as follows: AAq ORDIiU-I.,~CE A2,[ENDING ORDIN;d{CE NUMBER 91-102, THE COLLIER COUNTY LA2.;D DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONIr;G REGULATIONS FOR THE UNINCORPOPJ~TED AREA OF COLLIER COUNTY, !?LORIDA BY Ad4ENDiNG THE OFFICIAL ZONING ATLAS btAP NtE4BER 1603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE NORTH SIDE OF US-41, EAST OF SR-951 IN SECTION 3, TOWNSHIP 51 SOUTH, P32qGE 26 EAST, COLLIER COUNTYN FLORIDA, FROM "A" TO "C-5" FOR A BUILDING SUPPLY STORE; PROVIDING FOR STAFF AND PLAN~;ING COi,2.[iSSiON STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. R-98-2, Martin D. Pinckney, P.E., of ?=merican Engineering Consultants, Inc., representing Marlo Curiale, requesting a rezone from "A" to "C-5 for property located on the north side of U.S. 41, East of S.R. 951 in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 3 35 acres. · Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspecsion. Ail interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County a~ministraSor r~ to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an 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 10 minu~es to speak on an isem. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County s ~ ta,, a minimum of seven days prior to the public hearing. Ail material used in presen[ations before the Board will become a permanent part of the record. Any person who decides to appeal a 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. BOARD OF COUNTY CO~4ISSIONERS COLLIER COUNTY, FLORIDA BARBAP~ B. BERRY, CHAI~ DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) ORDINANCE NO. 99- At.; ORDINAt;CE AMENDING ORDINANCE Nb~.:BER 91-!02, THE COLLIER CO~;TY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHEXSiVE ZONING REGULr~TIOXS FOR THE b~':INCORPOPATED AREA OF COLLIER CO:~;TY, FLORIDA, CDiSSiFiCATiO:: OF THE HEREi~; DESCRIBED PROPERTY LOCATED O:; THE NORTH SIDE CF 41, EAST CF SR-951 iN SECTION 3, TOXi;SHIP 51 SOUTH, P/C;GE 26 EAST, COLLIER COUXTY, FLORIDA, FROM "A" TO "C-5" FOR A BUILDING SUPPLY STORE; PROVIDING FOR STAFF PL~{NiNG COMMISSION STIPU~TiONS; ;did BY PROVIDING ;CT EFFECTIVE 5ATE. WHEREAS, Mar:in D. Pi:'.ck::ey, P.E. of America:: En%:ineering Co:::;uiL,::.ts, ~':':;:::s'_.::ti::g M,rio Curiale, .~etllloned the ~oard of Coun~_y Commissioners to change the zcninl classificatisn cf the herein described real property; :;OW, THEREFORE BE IT ORDAINED BY THE BOAAD OF COUNTY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA: SECT!OX OXE: The zoning c!assif:ca2io:t of the real pr-~p, erty as more par~icu!arly descrlhed by Exhibit "A", a~achei hereto and incorporated by reference herein, and located in Sect/ch 3, Townshir. 5! South, Range 26 East, Collier County, Florida, changed from "A" zc "C-5" and ~he Official Zoning AZlas Map Number i~03~, as descrlbei in Ordinance 91-i62, the Collier Counzy Land DeveloEment Code is hereby ar. ended accordins!y. The herein descrlhed rea! ~rcl. erty is ~he sar. e for which t he rezone is hereby approved suhjecz :o the following ccnditio:::: This p~ ..... 7 --~--~ can only be used for Ci/T purposes until the EAR based a~endments to t!.,: Futurc Land Use -~ -~ ' of .... ~ro,.u.. Manaue:zent P~:,n become legally effective as Dro'zided by f;i[3.3189{2} (a) the Local Government ~omsrehensl.;e Land Use ~ !anninc and Land Developmen~ keg[~!a~ion Act. The following uses a~_ hereby authorized: a. Unless otherwise provided, all permitted uses in the C-4 general commercial district. b. Building Materials, Hardware, Garden Center (Groups 5211-5261) . Building Construction - General Construction and Operative Builders (Groups 1521-1542). Construction - Special Contractors (Groups 1711, 1793, 1796, 1799}. Co do 3. A .r. reclst mascr, r'; d~n~a~i.,.~ ~..~ six · - ............ } feet ...... ~C~ ~=' -: Lakes ,~... .. }/C };';ll ~:F.~ _:' .".r':rt'.::.'o .;::.~l' -',:c,.e.: ~ ~. Tho '...'~ll ;~ -~xy :;'.::idi::= ;r s~:'u ..... -¢- -~ the >;~c:~f:eli Lakes ZL'L shall he ~ns~:~a:;ed 1X:i1211 251S% ~b~iSSIOIiS %0 sa:i 7. Arterial 'evel street i~chtlnu shall he :nstaiied ~t the project entra:~ue on U.S. 4! as cart cf ~h~ d~. ~ ~. The s~te [~ian snail be csnsls%en% wlth the ro ...... ~-~"--s - ~ %rdlr. axce 9~-64 ',;ith respecL to .......... m~nlr, um ~hroat distances and · - -~ic rcu~atlon. ~:ll%'/ to - ~ detain and treau historic ~=c_ ruzoff ~rom ~h_ roadway -' -~ presented a~ the ~me cf an ap~l~cauion for a Si~e ~_z_~cum ~ Plan. '~. Any apsro.z~i f~r th~s prc3ect snail no:~ vest eny r~gh~ ~o a median opening, now or ~n ~he ~u~u~- ~!on~ any sro]~.~, roadway ~ Access ma'/ he ccxs~ralxed to a ~-~:-,- -l~,/ ~'ch--out -}nil.. ' I. Su~sequ~.x-- appr~.'/al c; a Slit- L~.v,-io:;rr:,..,. Plan ~.,~- ~;ro','l{ie ior cross or shared access '/;l th propers:es to the '/zest of this srcD~,-~., no that shared access :s achle'zec, ieadlny to US 41. -. ~ ....... a .... '-~.~me ef~'~"' ~'/¢- '],'3o'~ ~!!l::<: -¢,.i~¼ t-he -~esar~-mc'n~ cf State. Cc.-.~m~ss~cners of "-'GiiLor <-'L~:nEy, Florida, day of BOARD OF COL::TY COMMISSIONERS COLLIER ~Ob~. F" v ?LORIDA ATTEST: DWIGHT E. BROCK, CHA f RMAN APPROVED AS TO FORM A:;D LEGAL SUFFICIENCY :<a-RJOR!E M. STUDENT ASS i ST;C.~T COb~qTY ATTOR:;EY TOTAL AREA 5..35 ACRES ::t: SKETCH OF LEGAL DESCRIPTION NOT TO SCALE EXHIBIT 'A' REZONED PROPERTY, MARLO CURIALE LEGAL DESCRIPTION BEING ,; P.,:-RCEL OF L.t~,O THAT IS L'r'INC W1THIN THE SECTION ~, TOWNSHIP $l SOUTH. RANGE 26 EAST. COLLIER CGUNF,. FLOF~IDA /-hid ~¢~'iICH IS ;,tOFE PARTICULARL( DESCRIBED AS FGLLC,'`"ZS: C0~,~/EHCINC AT THE EAST GUARTER ( E 1/4 ) CORNER CF THE /,BOVE ~,~ENTIONED SECTION 3; THENCE SOUTH 0 DEGREES 41 MINUTES 49 SECONDS '`"~EST ALONG THE EAST LINE OF SAID SECT;Gt`I. A DISTANCE OF' 612,54 FEET; THENCE ;`IORTH 89 DEGREES 18 i'.!INUTES ;', SECCNDS WEST, A DISTANCE C'F 72224 FEET fO THE !NTERSECTION OF THE ,'ZEST RIGHT-OF-WAY LINE DF 4 CCU,NT< DR;-INACE CANAL AND THE NORTH RICHT-,)F-',,IAy LINE OF US #4 ( ;.~.A .S? 90. TAMIAMI TRAIL ), ,:, 2'30 FEET ',',",DE POT, SWAP, THENCE NORTh, 54 5EC. F, EES 20 MINUTES ;6 SECONDS ZIEST ;-LONG SAID NORTh-RIGHT-OF-WA r L:hE. ;. DISTANCE OF !767.47 FEET TO THE POINT OF P_,EOINNINO; THENCE C©NT~UI,NG NORTH 54 DEGREES 20 MINUTES ~6 SECONOS ;'lEST ALONO SAID LINE. ;, DISTANCE OF 564.96 FEET; THENCE NORTH 35 DEGREES 59 ~.;INUTES 44 SECONDS EAST, A DISTANCE OF 400.~4 FEET; THENCE SOUTH 54 DEGREES 20 MhNUTES 16 SECOND.';, EAST. A DISTANCE CF 564 96 FEET; THENCE SOUTH 55, DEGREES 39 MINUTES 44 SECONDS ',"ZEST. A DIST;,NCE OF 400.~4 FEET TO THE POINT OF BE01NNING; SAiD DESCFhBED TRACT C'-')NfAN'.IINO "'"~ ACRES, MORE GR LESS. THE ~E/,RINGS USED :C,R THIS DESCRIPTION ARE ~,'.~,u UPON A,N ASSUMED 'SEARIt`IG OF ,'NORTH 54 DECREES 20 MINUTES I6 SECOt~£,S ','zEST FOR T,'tE NORTtl RIGHT-©F-WAy LANE CF 'SAID US FILE: 99070903.Dw0 ~13 ~]C?-';PTICt,' /IAS PPEP/,RED , AL;,,`I r;E;,L PROFESSIONAL SUAVE FOR AND .MAPPER PI~EPA,q'EO BY FLORIDA CERflFICATE NO. 4656 AMERICAN ENGINEERING CONSULTANTS, INC. 5H££~ I OF 1 JOB No,: Naples Oaily News ~aoles, FL 34102 Affidavit of Publication WARD OF COU~TY CO,'aM!$SIONERS ATTN: ~IATTA $1RLE&F PO BOX 413016 NAPLES FL 34101-3016 REFEREHCE: 001230 1131383236&91 57814625 91-102/R-98-2 tlOTICE State of Florida County Of Collier Before the undersigned authority, personally as the Assistant Corporate Secretary of the Naples Daily ~e~s, a daily newspaper p~blished at Naples, in Collier Co~ty, Florida: that the attached cogy of Advertising was published ~n said newspaper on dates li~ted. Affiant further says that the said Naples Daily News ts a newspaper p~blished at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second c~ass mail ~tter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor pro~ised any person, firm or coporation any discount, rebate, com~isslon or refund for the purpose of securing this advertisement for p~bltc&tto~ in the said newspaper. PUBLISNED ON: 01/24 AD SPACE: 137.0(0) FZLED ON: Signature of Affiant , ,C S~or. to snd Su~,cribed ~efor, .e thi,~ day o~'- I~Y A~A~'~D~tIG TH£ ORDi.UA:';CE ::O. 99- 8 1.7A t:.. -::,~,,.,::,?r. AME:[Di,,G ORDINAN'CE ;;UMBER 91-132, THE COLLIER COUNTY L;dJD DEVELOPMENT CODE ."' , n;~:. ESTABLISHED THE COMPREHENSIVE ZOXiNG REGULATIONS FOR THE ~INCORPORATED AREA OF '~' ~ BY -=~[ ..... COUNTY, FLORIDA, ~.,.n .... ~..= ,:~r~ OFFiCiAL ZONING ATLAS MAP X'JMEER '~03N BY CNANGING THE Z~"~-''~ CLASSiFiCATiON OF THE HEREIN PRGPERTY LOCATKiD 0:S THE NORTH SiiLR OF ,i' EAST CF c~-9~]! ~N SECTION .:~.::, PAXGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "C-5" FOR A BUiLDiNG SUPPL'/ STORE; PROVIDING FOR STAFF AND PL~SEii:iG COMMISSION ST,PU~,A~:O~,S; AND ..~'/ PROVIDr~'r:.,,_ AN EFFECTIVE DATE. WHEREAS, Martin b. P:nckney, P.E. of American En{~ineerfnq Consultants, represent:n9 :.'.ar:o Curiale, per::r.~oned the Board of County Comm:ssloners to change the zoning classification zhe herein described real properzy; XOw, THEREFORE BE iT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: 'The nsn:n'g class~f:cat~o:~ o~ the real property as more particularly descr:bed by Exh~blt "A", attached hereto and 2ncorporated by reference herein, and located in Section 3, Township Bi Soulh, Range 26 East, Collier County, Florida, changed from "A" r.o "C-B" and the Official Zoning Atlas Map Number !6~3:;, es described ~n Ordlnence 91-!92, the Collier County Land 3eveloprexl Cs~le is hereby amended accordingly. The here~n described real Fro[;<.rty ~s the same for ',.'n:':h '.h,: rezone is hereby approved suhlect to the foiiowins ~'= z~cz~'y can chi7 be used for Ct/T zoninc~ zu"~s unzi~ '~- EAR based am_ndm_nts to the Fut~:ro Land 'l~- Ei~m~ .... ~ The Growth v ~ ~j, , p ........ ~ ~ .a;.a. =m=L~ lan become lose~'~ --,, ...... ........ ~--'t''/,'- as r, rovlded by 5163. 3181{2) (a) of -~ -~o~ c'..;:ng uses are h_._b'/ authorized: a. Unless ...... ,,~se provided, all pezmitted uses in ~_,,: C-4 general commer:ial district. 17 A b. Building Materials, Hardware, Garden Center (Grot:ps ~21]--5261) . c f;ui id:nc Ccnst,-t'-', ion (,~n-.ra! C'cn:3trt:ctlOll and Operativ~ F',:l!ders CcJlr~Lruct ion .~:iJec:lal Contr~ctors (Groups 171!, i793, 1796, 1799). A Drecast -- "~,'-' .... ~so,,./ decorative fence six (6) feel %~a~ shall b," constructed along %he ,~roDerty lino conti~ucus to th,: Woodfield Lakes PUD. :;c buildinus or huildi,~ material s~o"a~=~. ma'/ occur ',;i~hiz sixty {60) feet of the contiquo~ls 'c, ~'- of ~-- .... ~.eld Lakes PUD. Xo kuilding or strucuure shall exceed a height 7h~- wall o~ any buildina or st~'~ ..... -~ . ts the :';ocdfleld Lakes PUD shall be insulated irihlklt noise emissions to said properly. Arterial level .-,~r:,:: iluht~nc shall be i .... ~'~-~; the proj~.~t entrance on U.S. 4! as par[ of the deve2opment of the first phase· T'~ si-~ plan shai' be consistent with the requirements of Ordinance 93-~4 with resmect to turn lanes, minimum throat distances and' internal ira ..... ~rcu!ation. Substantial competent evidence of the project's ability to accept, detain and treat historic surface runoff from the roadway shall be presented a% the time of an application for a Site De'ze!opmen% Plan. i0. Any apprcva! for this project shall not 'zest any right to a median opening, nc'..: or in the future, aion~ an)' project roadway Access ma}' be conssralned to a right-:n/ right~out only. ii. Subsequent approval of a Site Development Plan shall provide for cross or shared access with properties ~o the west of this property so that shared access is achieved, leading to US 4!. SECTiOn{ 7wQ; This r'~r:~-~.~ '' ' '-'" _..ec_~',,~ ,:pon filing with the Departmer, 2 of State. PASSED A=ND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~9 day of ATTEST: DWIGHT E. E~CCK, CLERK - Attest as to Ch~trm~n's APPROVED AS TO FORM ~D LEGAL SUFFICIENCY M~RJOR~ M. STUDENT ASS!ST~T COb~TY ATTORNEY 'I LEGEND · = DEt~OTE$ BASIS OF' DEARIt,~C.S = DENOTES SUBJECT AREA P.O.C. = DEtiOTES POIt4T OF COMMErICEUEHT P.O.B. = DEHOTES POitIT OF BEGlt~hlff,~G TOTAL AREA 3.35 ACRES ,'- % . / S~TCH ~ ~G~ DESC~P~ON ~T~ ~ / / / x/ ,/ / ptjI;'POSE5 ¢..,t,'LY A,qD 15 ~ A SUR'W[Y 722.2~,' N 89'18'11' W EXHIBIT 'A' REZONED PROPERTY, MARLO CURIALE LEGAL DESCRIPTION BEING A PARCEL OF LAND THAT IS LYING ¥~THIN THE NORTH-HALF ( N1/2 ) OF SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA AND ;`~ICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 0UARTEP ( E 1/4 ) CORNER OF THE ABOVE ,'MENTIONED SECTION 5; THENCE SOUTH 0 DEGREES 41 MINUTES 49 SECONDS WEST ALONG THE EAST LINE OF SAID SECTIOr,~, A DISTANCE OF 612.54 FEET: THENCE NORTH 89 DEGREES 18 MINUTES 11 SECONDS WEST, A DISTANCE OF 722.24 FEET TO THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF A COUNTY DRAINAGE CANAL AND THE ,NORTH RIGHT-OF-WAY LINE OF US ,~41 ( A.K.A.S.R 90, TAMIAMI TRAIL ). A 200 FEET ',',fiDE ROADWAY, THENCE NORTH .54 DEGREES 20 MINUTES 16 SECONDS ;`,'/EST ALONG SAID NORTH-RIGHT-OF-WAY LINE, A DISTANCE OF 1767.47 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 54 DEGREES 20 MINUTES 16 SECONDS ;,'/EST ALONG SAID LINE, A DISTANCE OF 364.96 FEET; THENCE NORTH 55 DEGREES 39 MINUTES 44 SECONDS EAST, A DISTANCE OF 400.14 FEET; THENCE SOUTH ,54 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF .364.96 FEET; THENCE SOUTH 35 DEGREES 59 MINUTES 44 SECONDS WEST, A DISTANCE OF 400.14 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 3.35 ACRES, MORE OR LESS. THE BEARINGS USED FOR THIS DESCRIPTION ARE BASED UPON AH ASSUMED BEARING OF NORTH 54 DEGREES 20 ,MINUTES 16 SECONDS ',','EST FOR THE NORTH RIGHT-OF-WAY LINE OF SAID US #41. THIS DESCRIPTION ;'/AS PREPARED B'r': T. ALAN NEAL PROFESSIONAL SURVEYOR AND MAPPER PREPARED B'~" FLORIDA CERTIFICATE NO. 4656 AMERICAN ENGINEERING CONSULTANTS, INC. 7~O H~.F:~OIJR ~IV[ NA,C~.'r~S. Ir~.. 34105 (g4i) ~43-1551 (r~,,~) 575 BALD EASE DR. WARCO I~O. FL. (g41) 394-~697 (rA~) 3g~-7571 STATE OF FLORIDA) CO~4TY 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 copy of: ORDINAIWCE NO. 99-8 Which was adopted by the Board of County Commissioners on the 9th day of February, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of February, 1999. Clerk of Courts and Ex-officio to Board.~of County Commis sione~'~: Deputy Clerk American Engineering Consultants, Inc. 573 Bald Eagle Dr~ve P.O. Box 1700 Marco Island. Florida 34146 941-394-1697 · FAX 941-394-7571 [FA December 28, 1998 Mr Ron Nino, AICP Planning Manager Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition No. R-98-2 Dear Mr Nino: I have received your letter, dated December 18, 1998, regarding the above referenced petition. Please be advised that I am not representing Mr. Marlo Curiale at the public hearings, as M'r. Curiale is representing himself. Please call me ifyou have any questions. Sincerely yours, AMERiCAN ENGINEERING CONSULTANTS, INC. Martin D. Pinckney, P.E. Branch Manager MDP/Ilh CC: Lisa Steele, Deputy Clerk Collier County Courthouse P.O. Box 413044 Naples, FI.. 34101-3044 Marlo Curiale 845 Bald Eagle Drive Marco Island, FL 34145 COLLi£R COUNTY FI.ORil}A ' RI ST FOR LEGAl. AI)VER'FISING OF PUBI.IC I1EARINGS To: Clerktc loard: Please place the fldbmin~ a~ a: XXX Normal legal Advcm<mcnl ~ Other: ~Display Adv.. I~adon. etc.) Pet:lion No ~lf none. g~ve brief dcscnpuon/: C~-9~-23 Petitioner: (Name & Address): A. Gl~.''l Aves W Na le._ke, gs .Fl, 'i-fl 16 Name & Address of an.~ person(s) to be notified by Clerk's Office: (1£ more space is nee&& altach scpar:,c shccl) Ncx~spaF, crls) lo be used tComplete o1115 i[ iillporl;ml} XXX Naples Dady News Other ~ Legally I~c(Imrcd Pressed Text: (Include legal description & common I~ation & Size; Pclition No ('U-')~-2~. A (;lcntt:Si~p~cj~c~lu~gU~)g Conditional U~ "1" of ~l~e "A" Rural A~ricuhural zomng districl for caflhminH~g~SeCliOn 2 2.2.3 for prt~rtv I<atcd al 7000 ~ Island Ranch Road. in Sccuon..'~. To~ nshi~_ 47 South. ,..,. ~ ......~ _~7, E',.,,o,s~ Col.~=__=~er Co ........................, Tx. Flor~d;L con~ist i,g 9fJJ).~ ELt~s ~ llli ~tlS acres ....................................................................... No If Yes. v, hat accou,ql should bc charged for :tdvcrl~sing costs Approxed b)' (.'olinl? ?,lanagcr Dale List A!IaCJlIIICIllS: I)ISTRIBUTION I N.q'l'l{ I!CTIONS Clerk% Office For hearings beforeBCCorBZA: Initiatin~ person to cnmplete one coy and °htain Divisionilcadapprovalbcfl~rc submitting to County Manager. Note: ir legal d¢~umcnl is inv~fived, be sure that any necessary legal review, ~r request for same, is submitted to County Attnrney before submitting m Cnunt)~ Man;t~er. The ,Man;iger's ~ffice will distrihute C.lfiCs: County.Mana~era~enda file: t. ~ Requestin~l)ixisim~ ~ ()ri~inal B. Other hearings llmiallng Dl',,.lslon head to approve :md sublnlt orlgxnal to Clerk's ()flicc. relamlng ;1 copy for file FOR CI.ERK'S OFFICE USE ONI.Y: Date Received: [);itc of Public hearing: Dale Advcrlised: 'i. 78 ~ OF FAG~ . PAM PERRELL NAPLES ~ ]~O: 263-4703 ~:( .L/.. LISA STEELE LOCATION: COT.T,M COUNTY FAX NO: (941) V~4-8408 P~t0NE ]~ID: (941) 774-8406 January 6, 1999 Hs. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Conditional Use 98-23 Big Island Ranch Road Dear Pam: Please advertise the above referenced notice one time on Sunday, January 24, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 January 6, 1999 A. Glenn Simpson 5061 22nd~.~e" . S.W. Naples, FL 34116 Public Hearing to Consider CU-98-23 Big Island Ranch Road Dear Peri-~ ~ ~: ~o.,e~ Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 9, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 24, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure NOTICE OF PUBLIC HEARii[G Notice is hereby given that the Board of County Co~nissioners of Collier County, will hold a public hearing on ~R3ESDAY, FEBRUARY 9, 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. CU-98-23, A. Glen Simpson requesting Conditional Use "i" of the "A" Rural Agricultural zoning district for eartlm~ining per Section 2.2.2.3. for property located at 7000 Big Island Ranch Road, in Section 25, Township 47 South, Range 27, East, Collier County, Florida, consisting of 105.32 plus or minus acres. NOTE: Ail persons wishing to speak on any agenda item must register with the County a~ministrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an 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 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 to be based. BOARD OF COUNTY C0~4ISSIONERS COLLIER COU~.Y, FLORIDA BARBARA B. BERRY, CHAI~N DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk RESOLUTION A RESOLUTiC:: PROVIDING FOR THE ESTABLISHMENT C'~,,,D,x.ONn~ USE "~" iN THE SURSU~2~T TO SECTION 2.2 .2.3 OF THE CCLLiER ~CLi~TY ~'~D 2EVELOPMENT CCEE FOR PROPERTY F32:GE ~7 EAST, COLLIER CCL~/Y, FLORIDA. WHEREAS, %he Le~isiature of the State cf Florida in Chapter 67-'~4~, Laws cf ?:er:da, and Chapter 125, FloriJa Statutes, .has rcnferred on c~'' .~.~ ~-~ .... y the ~o~e_ establish, coordinate and enforce zoning ~nd such huslness regulatlons as Ire necessary for the ..... ?~bl ~ · and WHEREAS, the Ccun%y pursuant ~heretc has adopBed a Land ~-;-.cDment ~cd~- Ordinance ho. 91-102) ..... n .... Zcn:n~ nance establlsn~nc regulations for the ~ cula =ecgr~pnlc di'/Isicns cf the County, among which zonln~ ~. ~artl r ~ - ' ~s the ~rantln~ cf C%nd:tlonal Uses; and .................. / -.ann:ng Ccmm~sslon, being the duly appoznBed and constituted pianning board for the area hereby affected, has he'd a Fub!ic hearing after notlce as in said r~'c:'~atlcns made and ~rc'zlded and has considered the advisability Csndltlcnai Use "'' cf Sectlcn 2.2.2.3 in an "A" Rural Agricultural ................... ~ ....... ~rc~e .... kerelna~t~r described, and has ................ ac% ~Ezh~D~t "A", 'hat satisfactory provision and arran~eren% nave been made concerning all applicable matters recurred by sald ..... --~=~,~.,s and in ~ ~ ~ th - a__o.~an__ wi Subsection 1.7.4.4 of the Land Leveicpment Code for the Collier County Planning WHEREAS, al' ~n%eres%ed ~art~es have keen he heard h'/ th~= 5card in a . -- : ..... lc meetlng assembled and the Board XOW, THEREFCRE 5E iT RESOLVED, BY THE BOARD OF ZONING APPEALS of 7c' ~ -~ County, Florida -_hat: property herel-'='~ descr:hed as: Exhlk:t "~" which is attached '--,~-~ ' ...... ~ by reference kere:n be and -_he 2are ~s hereby -,[,[~ro'/ed fcc ?cni:'_:cnal Use "I" of Sect:ch 2.2.2.5 cf %ne "A" ~:rai Agrlc';lLural Zcn::'.~; L;::%r:ct fcc earthminin~: '. 5'-astl:.~ 's not ~ermltted. 4. ih-_- e×?a'.'at~t:. ~f~ .;r,:ted to a hotter, e'e','atttn '3f -ii.0 fee'. 'eke 2lttcra' ::c~' ..~]ant'-n? area c[ '0~ _of the ~rlcr to final acceptance, a 20 fcct Talntenance easement a~"-~: t~' ~ .... "*~ ~ th~ lake shall he /~/-~. Coil:er ?cunty w:th no respons:h:i:t), fcc m~ntenance. easthc':ni turn lane sn-~il be constructed cn CR 846. '7he County Transportation Ser'/~ces C~rector shall iete:"-lne the tlre for cons%ruction of a westbound ~urn _ ~-.a.~ns, a bond damage ,to CR %46, shat' he posted ~,,-~y Transncr. a. ion Ser','tces D:rector the ?~li:er ?cunty Access :,:anac~m~t Plan. Purs'aant to Sect:ch 2.2.25.3.1 cf the Land Le'/etcpment ~ '~ ';"~'nu the ~ '~ of 1__ ear excavation zr cuber uc.nsuruct!cn related act~'/~ty, an historic or archeclcqlcal artifact is found, ali development within the minimum %rea necessar./ to prct~.ct the d:scovery si~all be ~mmed~ately stopped' and the Coii~er County Tcde Enforcement Director shai' be contacted. 7h~ ~'ann~nu Serv:ces u~,__to~ ~s zed make au~..~_, to minor chanqes ts the s:te plan· BE iT FURTHER RESOLVED that this Resolution be recorded in the m~nu~es of thls Board. ............ u-~w~-~ alter mo=ion, second and majorit'? ';ore. .... = day of 1999 BOARD CF ZONING APPEALS COLLIER ~ .... z, ~OU~.. FLORIDA ATTEST: ~/,~=n. ~. BROCK, Clerk BY: Chairman Approved as to Form and _ ~ .... ciency: ., ~. ..... '~. Stu .... t Assiscant County Attorney f "-": }% ii FINqDING OF FACT BY COLLIER COUNTY PLANNING COM3~ISSION FOR A CO~DITIONAL USE PETITIOn; FOR CU-98-23 The following facts are found: Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. o Granting the ccnditicna! use will not adversely affect the public interest and will not adversely affect other property or uses in the same districz or neigb~orhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and ccntrci, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o a~ ~.ects neighboring properties in relation to noise, glare, economic or odor effects: ~;o affect or Affect mitigated by Affect cannot ke mitigated Ccmpatlbiiity with adjacent properties and other property in the district: Compatible use within district Yes No Based cn the above findings, this conditional use should, with stipulations, (ccpy attached) (should not) be recommended for approval DATE: CSiA ! ~z~;: f/?%:,"D::;Q OF FACT. LEG.~L DESCR',mTION THE EAST 1/2 OF THE NORTHEAST 1/4 SECTION 25, T47S, R27E EXHIBIT "B" i tO--...,, -J ~oz.,-e I) 9 t~pLes DaiLy ne~s NapLes, FL 3~10~ Affidavit of PubLicatic~ NapLes DaiLy Ne~s BOARD OF COUtITY CC~MLSSZ~4E~S ATTN: M]ATTA SZRLEAF PO BOX 41~016 NAPLES FL 34101-~016 REFERENCE: 0012~0 ~912501 5781/.J.06 CU-98-23 e~T[CE Or P State of Ftorlda Cou~ty of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, ~ o~ oath says that she serves as the Assistant Corporate Secretary of the flapLes DaiLy Ne~s, a da(~y ~s~per ~bt(sh~ at Nap[es~ (n Co~LJer C~ty, F~orJda: t~t the attach~ c~ of ~vert(st~ vas ~t~sh~ tn said ~s~r ~ dates AffJ~t further says t~t the said tlap[es N~S is m n~s~r ~Lish~ at ~pLes, in said CoLLier C~ty, FLorida, a~ t~t the said n~s~r ~s heretofore ~en c~tin~sLy ~Lis~ Jn said CoLLier C~nty, FLorida, each ~y a~ ~s ~en ~ter~ as sec~ class ~tL ~tter at the ~st office in t(aptes, tn said CoLLier C~ty, FLorida, for a ~ri~ of 1 yea~ ~xt prec~J~ the first ~Licatt~ of the attach~ ¢~ of ~vertis~t; a~ affiant further $~s t~t she ~s neither ~Jd ~r pr~is~ any ~r~, firm or c~ratt~ any dJs~t, r~te, c~iss(~ or refu~ for the ~r~se of securi~ this ~vertJse~t for ~LJcat(~ (n the said n~s~per. PUBLISHED ~f: 01/2~ AO SPACE: 93.0G0 IPtCH FXLEO 0~: 01/25/99 Signature of Affiant S~orn tO and Subscribed before ,, this '~_./~ctay of~R~ ~9~ .... ,'" ~:;~: ',C 2%2 CU-98-23 t~OT~CE Of= the Boardroom, 3rd F:oor, Administration ~ Ce~, 3~1 East Tamloml Trol, t~ople s, Florida. The T~ ~d will c~ld- ~ p~ CU.98-23, Am ~ ~en ~ r~esi~ ~ C~ U~ "1.' f~ e~hmlnlng Der ' ~ 2.2.2.3 t~ ~- J I~ R~h R~. in [ consisting Of 105.32 flOTE: All ~ wl~- ~ ~ ~t re~st~ w~ ~ ~ ~em to ~ ~- ers will ~ IlmHed to S mi~ ~ ~ Hem. T~ ~v the Cholrman, o ~ 10 ml~ to ~ Persons wishing to ~d ~e~ p~et~ ~t ~H ~ld ~erl~ o ~lnlm~ ~ 3 weeks ~ltc hearing. In onv ~ st~ a minimum ~ ~ven ~s ~ to ~ ~ ~IN. All ~1- Nf~e ~ ~d will ~- C~ a ~ ~ ~ Any ~ ~ ~ld- ¢~d ~ ~ ~1~ ~olnl~ ~o, ~ex ~v ~ to Is ~, w~h rec~d In. cl~s ~ tesfl~v ~ eyre ~ ~ich ~ ~l~tobe~ BOARD OF COUtlTY C OfA~AISSIOe lER 5 COLLIER COUNTY, ~L~A BARBARA B. BERRY, CHAIR~FI DWIGHT E. BROCK, CLERK B~/s/Li~ Sle~e, ..... ,..-,:.,e...: _'.'e ,.3.'%'_..-.T .... -.~..¢. .......... : , amor',g :';HEREA£, -_he ?glider ?:un:y ~lann:n9 C:.-..m:ss:cn, ~e:ng the duly a.u.~c'-n-_ed 5nd rcns:::u:ed .tlann:n~ ksard for :he area hereby -cnc'-%i:na ';se "l" zf 3er-,i:n 2.2.2.2 in an ",.'~" ?.%r1. - '"- · ....... -=~_--r ';~'~--~ked, ~nd .has ...... is i mat:er ~f f-u: Exhlb:t "A" ~ that sa% is-* act ~r-,, and irrBr.=e.-.,en: ~i-..= k__r. -~i~ ~ - 2,-.-i..:. cf -~= Land 2e','e':.ument Cede f:r -~ E:lller ?~untv P!anni:iu ?;.:-.'EF. EA£, il- iz-~'"'~':-~ 7art'-es ha','e keen Zi','en :rucrtunitv to he heard hl,. :h:s --card in a cuuilc me~-i-= ass~mi~i=d and the Board na',,::.: -:nsldered all matters presented. :lC:': -u==_-.-~=.- .~-=='=-,'=D, BY --.'qE BOAP. 2 CF ZONING APPEALS lslller 7:un-_'..-, Flsrlda !i. =~ ,~ FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Ee~c!uticn adopted after motion, second and majority ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: P/~<EL;: S. ;,'3:C' Ki E, CHAIRWOMAN App~roved as to Form and Legal Sufficiency: Marj~rie M. Student Assistant Count'/ Attorr. r:'/ Attest a~ to ChaSrm4n s signature onl$. FI}rDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-23 The following fact~i are found: Section 2.2.2 3.1 of the Land Development Code authorized the condition~l use. o Granting the ,:onditional use will not adversely affect the public intere:~t and will not adversely affect other property or uses in th0~ same di~trict or neighborhood because of: ao Consiste:]cy with the Land Development Code and Growth Management Plan: Yes No C0 Ingress .~nd egress to property and proposed structures thereon '~ith particular reference to automotive and .medestri0~n safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Ade.~uate ingress & egress Yes No Affects ~%eighboring properties in relation to noise, glare, e:onomic or odor effects: No affec~ or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and o~h_r' n property in the district: Com)atible use within district Ye s No Based on the above findings, this conditional use should, with stipulations, (cop; attached) (should not) be recommended for approval DATE: CF~IRMAN: 9 f ' ~ f/FI:,~IN~ OF FACT C}{.AIP.".A~'Z/ .'U-38-23 Exhibit "A" -- ~1! ~ THE EAST 1/2 OF THE NORTHEAST 1/4 SECTION 25, T47S, R27E EXHIBIT *B' I