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Agenda 01/12/2016 Item # 6A 1/12/2016 6.A. �T Office of the County Manager , Leo E. Ochs, Jr 4 u. 3299 Tamiami Trail East,Suite 202•Naples Florida 34112-5746•(239)252-8383•FAX:(239)252-4010 November 18,2015 Mr. Nader Amani 1100 Concourse Bay Harbor Island FL 33154 Re: Public Petition request from Nader Amani requesting that the Board of County Commissioners remove condition#3 and amend condition#4 of Ordinance 2006-61 (Whippoorwill Lane rezone). Dear Mr.Amani: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of December 8,2015,regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However,your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on-going Code Enforcement case,the Board will hear the item but will not discuss the item after it has been presented.Therefore,your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9 a.m. in the Board of County Commission Chambers,Collier County Government Center,3299 Tamiami Trail East,3`d Floor,Naples, FL 34112. Please arrange to be present at this meeting and to respond to inquiries by commissioners. If you require any further information or assistance, please do not hesitate to contact me directly. Si 'rI%�l Mike Sheffield Manager, Communications and Customer Relations MJS:mjb cc: Jeffrey Klatzkow,County Attorney Nick Casalanguida,Deputy County Manager David Wilkison,Growth Management Department Head Packet Page -19- 1/12/2016 6.A. COLLIER COUNTY Board of County Commissioners Item Number: 6.6.A. Item Summary: Public Petition request from Mr. Nader Amani requesting that the Board of County Commissioners remove condition #3 and amend condition #4 of Ordinance 2006-61 (Whippoorwill Lane rezone). Meeting Date: 12/8/2015 Prepared By Name: BrockMaryJo Title:Executive Secretary to County Manager, County Managers Office 11/18/2015 10:20:33 AM Submitted by Title:Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 11/18/2015 10:20:34 AM Approved By Name: SheffieldMichael Title: Manager-Communications&Cust.Relations, Communication&Customer Relations Division Date: 11/18/2015 3:46:51 PM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 11/22/2015 12:35:47 PM Packet Page-20- 1/12/2016 6.A. Request to Speak under Public Petition Please print Name: Address: Phone: Date of the Board Meeting you wish to speak: Must circle yes or no: Is this subject matter under litigation at this time? Yes / No Is this subject matter an ongoing Code Enforcement case? Yes / No Note: If either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are requesting to speak (attach additional page if necessary): Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): H:\DATA\FORMS\Public Petition Request Form-2013.doc Packet Page-21- 1/12/2016 6.A. Continued from page 1 "Please explain in detail the reason you are requesting to speak (attach additional page if necessary):" Due to the fact that all of the prospective buyers have walked away from the deal stating they can not develop the property if they can't receive C 0's once completed. It's our understanding that the Board has decide to amend this Project and abandon the Extension from Whippoorwill Lane to Livingston Rd. at the 5-14-13 Board meeting. Packet Page-22- 415" 3t-7,„ 1/12/20166.A. 4°1'415" o N N oE%` ORDINANCE NO.06— 61 N� � AN ORDINANCE OF THE BOARD OF COUNTY 61 RL!L 91.0. ‘ COMMISSIONERS OF COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO AMEND THE APPROPRIATE ZONING ATLAS MAP(S) TO CHANGE THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY LOCATED APPROXIMATELY 3,500 FEET SOUTH OF PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, -- COLLIER COUNTY, FLORIDA, FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE • RESIDENTIAL MULTI-FAMILY-6 (RMF-6) ZONING DISTRICT FOR A PROJECT KNOWN AS CAYO WHIPPOORWILL AND PROVIDE FOR AN EFFECTIVE DATE. - WHEREAS, Gary Butler of Butler Engineering, Inc. and Brian Mansour, representing SJC Whippoorwill,LLC,petitioned the Board of County Commissioners to change the zoning classification of the subject real property as part of Petition Number RZ-2005-AR-8039. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: The zoning classification of the subject real property described as: The South%s of the South%s of the Northwest 1/4 of the Southeast 1,4, Section 18, Township 49 South,Range 26 East, Collier County, Florida is changed from the Agricultural(A)zoning district to the Residential Multi-Family-6 (RMF-6) zoning district for a project known as Cayo Whippoorwill. The appropriate zoning atlas map(s), as described in Ordinance 2004-41 as amended, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the conditions set forth in Exhibit A. Packet Page-23- 1/12/2016 6.A. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County,Florida,this 7 2 day of A.04..es....-4.6.v,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA glitk . LIQ- 0,...ak_ By: _3,, f.; _ .,,.:F Deputy Clerk FRANK HALAS,C Approved as to form and le:al sufficiency: 1 ' 1 ...gard Jeffre'A. atzkow Assis : t i�∎unty Attorney • Attachment: Exhibit A—Conditions of approval,dated December 19,2006 R2-2005-AR•8039/KD/sp This ordinance filed with the Secretory of State's Office the 2 day of 1JGC 2CJG(00 and acknowledgement of that fiii received this 2-cl p.n day C- of �Q<co Ac_ _ o, y Clark Packet Page-24- 1/12/2016 6.A. CAYO WHIPPOORWILL REZONE RZ-2005-AR-8039 CONDITIONS OF APPROVAL 1. Prior to the issuance of a Certificate of Occupancy for all units, the developer, or its successors and assigns, shall pay to the Collier County Affordable housing Trust Fund the sum of $1,000 for that unit. The payment of this sum set forth shall reflect a credit to the project's obligations to pay fees that may be adopted in the future by the County relating to the provision of affordable or workforce housing. 2. Prior to allowing clearing in pine flatwoods (411), the developer must provide a survey performed by a qualified biologist to Environmental Services staff identifying any listed air plants. Any air plants so identified must be relocated to the preserve area prior to the pre-construction meeting. The survey and subsequent relocation shall be subject to review and approval by Collier County Environmental Services staff. Proof of completed relocation shall be provided to Environmental Services staff at the pre-construction meeting. 3. Certificates of Occupancy shall not be issued until the roadway connection from Whippoorwill Lane to Livingston Road is fully operational. 4. The developer, or its successors and assigns, shall pay to Collier County the proportionate fair share of the Whippoorwill Lane to Livingston Road extension and the Pine Ridge Road and Whippoorwill Lane signalization costs as those amounts are determined by Collier County Transportation staff. Payments shall be rendered in accordance with the regulations in effect at the time or as determined by Collier County Transportation staff. Revised: 12/19/06 to incorporate Board conditions Conditions of Approval 12-19-06 FINAL.rtf Packet Page-25- 1/12/2016 6.A. 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. 2006-61 Which was adopted by the Board of County Commissioners on the 12th day of December 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of December 2006 . DWIGHT E. BROCK Clerk of Courar lid°.clerk Ex-officio .•to BQ,ard of County Com Ti ioi.ers' Y • . Teresa Dillard :y: Deputy C14 - Packet Page-26- 1/12/2016 6.A. 1211512015 9:35:27 AM Dwight E. Brock Clerk of the Circuit Court (7, _ ISO Customer Deputy Clerk Clerk Office Location BIAGIO BERNARDO BMR CASHIER Collier County Govt. Center BIAGIO BERNARDO MinutesandRecords@CollierClerk.co Building F, 4th Floor 12140 CARISSA COMMERCE m 3299 Tamiami Trail East, Suite CT STE 102 239-252-2646 401 FORT MYERS, FL 33966-5313 P.O. Box 413044 Naples, Florida 34101-3044 Product QUANTITY DESCRIPTION UNIT COST AMOUNT 1 BMR Lobbyist Registration $25.00 $25.00 TOTAL AMOUNT DUE $25.00 Check#504 ($25.00) BALANCE DUE $0.00 Note: Disclaimer:All transactions are subject to review/verification.The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. @OlEnGV©p®Eraco@OM Page 1 of 1 Packet Page-27-