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Backup Documents 01/27/1998 RBCC REGULAR MEETING OF JANUARY 27, 1998 January 27, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 27, 1998 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTKR PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO T~fE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ~EQUESTS TO ADDRESS T}fE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMI~ IN WRITING WIT}{ EXPLANATION TO T}IE COUNTY A]JMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MT~RTING AND WILL BE }tF2%RD UNDER "PUBLIC PETITIONS" ANY PERSON WTIO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL N~RD A RECORD OF ~7{E PROCW.~DINGS PERTAINING THERETO, AND THEREFORE MAY Nk~Z~ TO ENSURE T~LAT A VERBATIM RECORD OF T}IE PROCF. V. DINGS IS MADE, WHICH RECORD INCLUDES ~nz~ TESTIMONY A~D EVIDENCE UPON WHICH TI{E APPEAL IS TO BE ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERM_ISSION FOR ADDITIONAL TIME IS GRANTED BY TH~ CHAIRMAN. ASSISTED LISTENING DEVICES FOR T}[E }{EARING IMPAIRED ARE AVAILABLE IN T~fE COUNq~ COMMISSIONERS' OFFICE. LUN~I RECESS SC7{F~UL~D FOR 12:00 NOON TO 1:00 P.M. i. INVOCATION - Pastor James Honig - Grace Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes 5/0 4. APPROVAL OF M~K3~ES Approved as t~esented 5/0 A. January 6, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVTCE AWARDS Presented 1) Gary Hamm - Road & Bridge - 15 years Page 1 January 27, 1998 2) Sharon Ardrey - Information Technology - 10 years 3) Barbara Johnson - Parks & Recreation - 10 years 4) Russ Muller - Transportation - 10 years C. PRESENTATIONS 6. APPROVA~ OF CT.RRK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUlTI~Y ADMINTSTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONI~ENTAL S~RlrlCES B. PUBLIC WORKS 1) This item has been deleted. Added: Added: 2) Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of non-exclusive, perpetual road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement for the construction of the six-laning improvements for Airport-Pulling Road (C.R. 31) Project from Pine Ridge Road (C.R. 896) to Vanderbilt Beach Road (C.R. 862), CIE No. 55; and repealing Resolution No. 97-360. Res. 98-22 - Adopted 5/0 3) Adopt Resolution for Architectural Lighting on U.S. 41 (Davis Blvd. to Airport Road). Res. 98-23 - Adopted 5/0 4) Selection of a project delivery method for the Naples and Immokalee Jails. Staff to pursue Construction Management at Risk Option - 5/0 Moved from Item t16B2: 5) Reimburse the Chairman of the Marco Island Beach Renourishment Advisory Committee for expenses to be incurred in performance of his duties. Staff recommendation approved - 5/0 Added: PUBLIC SER%/ICES 1) Amend Chapter 89-449 to authorize previously prohibited acts in parks. Staff to proceed with amendments relating to It~m~ ~2 and ~3 as referenced in the Executive ~,mm~ry. 5/0 Page 2 January 27, 1998 D. SUPPORT SERV-/CES E. COUNTY ADM/]gI STRATOR 1) Approval of ranking of proposals and installation agreement with Consolidated Media Systems for installation and training for the Boardroom Audio/Visual and Broadcast Replay System, RFP #97-2758. Approved 5/0 F. AIRPORT AUqT{ORITY 9. CO~ AT'I~DRNEY' S REPORT 10. BOARD OF CO~ COMMISSIONERS ao Approval of letter or resolution supporting the Overall Economic Development Program adopted by the Regional Planning Council. (Commissioner Norris) Letter to be forwarded supporting the program - 5/0 11. OT~IER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERA_L TOPICS PUBLIC tfEARINGS W-ILL BE HEARD IMMT~DIAT~LY FO~G STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMI~S/VE PLAN A/~ENDMf2gTS B. ZON-ENG AMENDMENTS 1) Petition R-97-8, Community Development and Environmental Services Division representing the Collier County Board of County Ccmmissioners requesting a rezone from "PUD" Planned Unit Development to "A" Agricultural for the Vencentian Residence PUD located on the east side of Tamiami Trail East approximately 1.8 miles west of C.R. 951 in Sec. 32, T50S, R26E, consisting of 30.7 acres. Res. 98-24 granting extension of 6 months - 5/0 2) Petition PUD-97-15, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing George Vukobratovich, Trustee, requesting a rezone from "CF" Community Facility to "PUD" Planned Unit Development for a mixed commercial land use development strategy in a project titled Willow Park for property located on the east side of Airport- Pulling Road south of Lone Oak Boulevard and immediately contiguous property known as Princess Park in Sec. 1, T49S, R25E, containing 11.35 acres, more or less. (CONT~ Page 3 INI] .EF INI~LY ) January 27, 1998 3) Petition R-97-9, Mr. Robert L. Duane of Hole, Montes and Associates representing Adam Fueredi requesting a rezone from "C-3" to "C-3" for property on Lots 2-7 and 81-86, Pineland-on- the-Trail in Sec. 13, T50S, R25E, consisting of 2.5 acres, more or less. Ord. 98-7 - Adopted 5/0 4) Petition PUD-91-11(1) Richard Henderlong representing Kensington Park Trust requesting to repeal the current Kensington Park PUD Master Plan and to adopt a new PUD and Master Plan without essentially changing the land use strategy for property located on the south side of Pine Ridge Road further described as located in Sec. 13, T49S, R25E. Ord. 98-8 - Adopted w/changes 4/1 (Comm{ssioner Mac'Kie opposed) 1) Petition SNR-97-13, Jacqueline R. Conrecode requesting a street name change from Carrotwood Road to Palmetto Woods Drive located in Golden Gate Estates Unit 32, in Sec. 9, T49S, R26E. Res. 98-25 - Adopted 5/0 2) Petition SNR-97-11, William L. Hoover of Hoover Planning Shoppe representing Frank Cooper of Northbrooke Development Limited requesting a street name change for the northern portion of Northbrooke Drive and Oakes Boulevard Extension in its entirety to Cypress Woods Boulevard located in Huntington Subdivision (for Oakes Boulevard Extension only) and in Secs. 18, 19, and 20, T48S, R26E. Motion to change street name to Oakes Blvd. North Tabled for 4 weeks. - 5/0 3) Petition HD-97-2, the Collier County Historical and Archaeological Preservation Board requesting the Board of County Commissioners to officially designate a Calusa Indian archaeological mound/shell work complex as historically significant. Denied - 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HF2%RINGS 1) Petition SV-97-2, Mr. Wiley M. Parker representing Lely Development Corporation requesting a variance from Section 2.5.5.2.3.12 of the LDC to allow for a 20 foot high double- faced off-premise directional sign with a copy area of 72 square feet from the current LDC requirements for off-premise Page 4 January 27, 1998 signs of 2 one-sided off-premise signs with a copy area of 12 square feet each and a maximum height of 8 feet to be located at the corner of C.R. 951 and Lely Cultural Parkway in Sec. 22, TSOS, R26E. Res. 98-26 Adopted w/change - 5/0 2) This item has been deleted. 3) Petition CU-97-24, William L. Hoover, AICP, representing Richard and Teresa Yahl requesting Conditional Use "2' of the "A" Zoning District to allow a horticultural mulching facility in an Agricultural Zoning District for property located in Sec. 31, T495, R27E. Res. 98-27 Adopted w/stipulations of the CCPC - 5/0 1) Relating to Petition CU-94-20 for a third extension of a conditional use for property located on Bailey Lane west of Airport Road, midway between Pine Ridge Road and Golden Gate Boulevard in Collier County, Florida. Res. 98-28 Adopted -5/0 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Lunch with the Collier County Historical Society to be held on February 17, 1998, at 12 Noon at the Palm Cottage. B. Discussion re audio/visual ~nhancements. 16. CONSF2~T AGENDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with Changes 5/0 COMI~I~ I)L~I~T & ENVTROI~AL S~CES 1) Approval of Con~ercial Excavation Permit 59.631 "The Club Estates' located in Sec. 10, T50S, R26E, bounded on the north by PUD (Naples National GC), on the south by an undeveloped PUD (Casa Del Sol G & CC), on the east by County Road 951, and on the west by land zoned PUD (Naples Heritage Golf & CC) and undeveloped land zoned Agricultural. w/construction and maintenance agreement and stipulations as detailed in the Executive Sun,nary 2) Request to approve the final plat of "Sawgrass". Page 5 January 27, 1998 w/stipulations as detailed in the Executive S, ...... ~y B. PUBLIC WORKS 1) Approve Change Order No. 3 to Work Order WMBP-FT-96-4 with Wilson, Miller, Barton and Peek, Inc. (Project No.60061). For professional engineering services related to the development of final design pl~n~ for Livingston Road between Radio Road and Golden Gate Parkway in the amount of $16,130.00 Moved to Item 18B5: 2) Reimburse the Chairman of the Marco Island Beach Renourishment Advisory Committee for expenses to be incurred in performance of his duties. In the est{m~ted amount of $618.00 3) This item has been deleted. 4) This item has been deleted. 5) Petition TM 96-007 for Neighborhood Traffic Management Traffic Calm Palm Drive within the Glades Country Club, Naples Sunrise and Sunrise III Communities. In the amount of $6,225.00, the County's share for construction of this project 6) Recognize, approve and appropriate a portion of Lely Golf Estates Beautification MSTU Fund 152 Reserves for additional maintenance services. Transfer $18,500.00 from Fund 152 Reserves to Fund 152 Operating C. PUBLIC S~LRVICES Continued to 2/3/98 Meeting: 1) Grant of easement to Florida Power & Light Company upon real property owned by the Board of County Commissioner of Collier County, Florida. Continued to 2/3/98 2) Approve budget amendments recognizing carry forward from FY 97 and grant revenue for Capital projects in the Parks Capital Funds (306, 345, 365, 368). $1,640.00 in additional funding for Bluebill Avenue Offsite Parking Project D. SUPPORT SERVICES E. COUNTY AUMTNI ST~TOR Page 6 January 27, 1998 Continued Indefinitely: 1) Line item transfer request from Gulf Bay Marine Management Inc. for Tarpon Fishing Tournament, Tourist Development Funds, Special Events. Continued Indefinitely F. BOARD OF CO~ COMMISSIONERS G. MI SCEI,IJ%NEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. O97IER CONSTITUTIONAL OFFICERS 1) Recommend that the Board execute the previously approve State of Florida, Department of Community Affairs, Stop Violence Against Women Grant documents and approve the related budget ~aendment. I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 1 7. ADJOURN INQUIRIES CONCERNING CHANGES TO T}fE BOARD'S AGENDA SHOULD BE MADE TO T}{E COUN~ A]]MINIST~ATOR'S OFFICE AT 774-8383. Page 7 A (;END/I CilANGE,¥ BOA RI} OF COUNTY COMML¥.¥IONER,¥' MEE?TNG .IANUARY 27, 1998 ADD: ITEM 8(13)(3) - AI)OI'T I*,F. SOI,UTION FOR ARCHITECTUI~AL LIGIlTING ON U.S. 41 (DAVIS BI,VI). TO AIRI~ORT ROAI)). (STAFF'S REQUEST). ADD: ITEM 8(B)(4) - SF.I.EC'FION OF A PROJECT DELIVEI1.Y METIIOD FOR TIlE NAPLF. S AND IMMOKALEE JAILS. (STAFF'S REQUEST). ADD: ITEM 8(C)(I) - AMEN1) C! IAI'TF, R 89-449 TO AUT! IORIZE PREVIOUSLY PROIIIBITED ACTS IN PARKS. (STAFF'S RI£QUEST). CONTINUE TO 2/3 MEETING: ITEM 16(C )(1) - GRANT OF EASEMENT TO FLORIDA POWER & LIGI tT COMPANY UI'ON REAL PROI~ERTY OWNED BY TIlE BCC. (STAFF'S REQUEST). CONTINUE: ITEM 16(E)(i) - NO I)ATE - LINE ITEM TRANSFER REQUEST FROM GULF BAY MARINE MANA(;EMENT, INC. FOR TARPON FISI tING TOURNAMENT, TOURIST DEVEI~OPMENT FUNDS, SPECIAL EVENTS. (STAFF'S REQUEST). RESOI.UTION No. gg- 22 A I~.[-~SOt,U'I'I¢)N AUTtlORIZING TIlE ACQUISITION OF LAND BY GIFT, PURCIIASE OR CONDEIVlNATION OF NON-EXCLUSIVE, PERPETUAL ROAD P, IGtlT.OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTP, UCTION OF TIlE SIX-LANING ROADWAY IMPROVEMENTS FOR AIRPORT.PULLING ROAD (C.R. 31 ) PROJECT FROM PINE RIDGE ROAD (C.R. 8%) TO VANDERBILT BEACH ROAD (C.R. g62); CIE NO. 55; AND REPEALING RESOLUTION NO. 97-360. WI II!RI.:AS, the Board of County Commissioners, on October 28, 1997, adopted Ordinance No. 97-55 lhcrcm establishing thc 1997 (Sevcnth Annual) Capital Improvement Element of the Growth Nlana~¢mcnt ['lan in order to establish priorities for the design, acquisilion and construction oflhc ~arious c;~pital improvemcnl projccls. Thc Transponmion Elcmcnl of Ibc County's Comprehensive Plan w~s adopted in Ordinance No. 97-62~ and WIIEREAS, the six-I~min~ improvements to Ai~omPulling Road frmn Pine Ridge Road to Vandcrhilt Beach Road is one of thc capital improvcmcnt projects requircd under Ibc Transpo~ation Elemcm of thc County's Comprehcnsivc Plum and WI IEREAS. Ibc Board of Counly Commissioners. on April 8, 1997, adopted Rcsolution No. 97-198 authorizm~ thc County ,Staff to acquire by gift or purchase ce~ain easements an~or fee simple tillc to Iht prt)pcny and property intcrcsls rcquired and neccssa~ for thc six-laning roadway improvements of Ai~o~-Pullin~ Road from Pine Ridge Road to Vanderbill Beach Road: and WI IEREAS, iht Iocalion for const~ction of the proposed improvcmcnts has been fixed by survcy and is collccfivcly rcprcscntcd by thc legal descriptions comprising Exhibit "A" attached hcrclo :md incoq~or:~Icd herein. WItEREAS, after consideration oflhc ~vailabilily ofallemmc routes and Iocalions, Ibc CoI11p:lr;ttivc COSIS O~ project ;lllgrllalJvRs, VtlrJoug impacts upon the cnvironmenl, long range planning opmms, and public s~lbly considcralions, lhc Board desires Io exercise lis right Io condemn prope~y for pul~lic purposes. NOW. TItERIWORI~, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMNIISSIONI~RS OF ('OI.I.IER ('OUNTY. FLORIDA. Ihal il has bce, dete~ined by thc Board dial thc construction of linc six-lanin~ roadway improvemenls for Ai~on-Pulling Road from Pine Ridge Road 1o V;mdcrbih Beach Road, (hcrcinaRcr rcfc~cd lo as "thc Pmjccl") is ncccssa~ and in thc public's best Jnlcrcst in ordcr lo prolgcl lh¢ hcallh, safety and welfare of thc cilizcns of Collier Counly. AND IT IS FURTI tER RESOLVED Ihal conslmclion ortho Projc¢l is pa~ of thc County's Ioll~ rtln~¢ plannin~ gJ'l~l'l. ;llltJ is included in Ihc Transpo~alion Element of thc Counly's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community A flairs. AND IT IS FURTI IER RESOLVED that tile County Staff has reviewed alternative locations for the project, various impacts to thc environmental, public safety and welfare considerations associated with tile design and construction of tile project, and the costs associated with thc design. property rights acquisition, and construction of thc project; and the Board finds that after consideration of these issues, tile most feasible location for conslruction of thc proposed improvements is collectively represented by the legal descriptions comprising Exhibit 'A' atlached hereto and incorporated herein. AND IT IS FUR'FI IER RESOLVED th:~t in order to construct the project as designed, it is necessary tbr fi~c Board 1o acquire tile various real properly interests described Exhibit "A" to wit: perpetual, non-exclusive road right-of-way, sidewalk, slope, utility drainage, maintenance and temporary consm~ction interests by easement. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND Ff IS FURTHF. R RESOLVED that lhe County staffis hereby authorized to immediately acquire by gi fl, purchase or condemnation in accordance with the provisions of Chapters 73.74 and 127. Florida Statutes, the above-referenced real properly interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it wilt not be necessary to remove any mobile homes from the property to be acquired. This Resolution repeals and supersedes Resolution 97-360 in its entirety. This Resolution adopted on this .,x~7 e~-,~ day of ~,~:~0~.~, 1998, after motion. second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS BY~AN Approved as to form legal sufficiency: lteidi F. Ashton Assistant County Attorney Page 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 J=.E A_QAL_[)_~ S C R I ~ PROJECT N 0. _____~.- PROJECT PARCEL TAX PARCEL NO. COMMEHCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RA:I¢;~] 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF CO,'~MENCEMENT AL,q : l'{/:;~; ON THE EAST RIGHT OF WAY LINE OF AIRPORT ROAD ~C.R. 31~; 7HE:;fE :;OR'?H 2 DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID EAST RIGHT GE WAY 1,7NE, A DISTA:ICE OF 1049.42 FEET; THENCE SOUTH 89 DEGREES 5! Mi/;U'iES 42 SECONDS WEST, A DISTANCE OF 100.07 FEET TO TIlE WEST RIGHT .;E WAY L:HE OF SAID AIRPORT ROAD AND THE POINT OF BEGINNING; THEN[:E :;OP, TH £ DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID WEST RIG}{'/ OF WAY LiHE, A DISTANCE OF 347.75 FEET; THENCE SOUTH 89 DEGREES 51 :,',i~;UTES 42 SECONDS ~EST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 2 DEGPEKS i.1 MINUTES 00 SECONDS EAST ALONG A LINE LYING FIFTEEN(15')FEET WEST, AS MEASIIRED PERPENDICULAR TO, SAID WEST RIGHT OF WAY LINE OF AIRPORT ROAD, A DISTANCE OF 347.75 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 42 SECONDS EAST, A DISTANCE OF 15.01 FEET TO THE POINT OF' BEGI:;NIIIG; SAID DESCRIBED TRACT CONTAINING 0.120 ACRE (5215 SQUARE FEETi , MORE :%R LESS. BASIS OF BEARINGS IS THE WEST RIGHT OF WAY LINE OF AIRPORT ROAD BEi~;,q $,'X]TH 02 DEGREES 14 MINUTES 00 SECONDS EAST PARCEL 803 PROFESSIONAL LAND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3.3OI~aI~'eT,~IAMI TRAIL NAPLES, FLORIDA 34112 3,301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ..-150 50'~ PARCEL ~ ~ '5~'" 703B 803~1 ~, ~S.89'51'42"W. S.W.~/4, S.[.1/4, - /S.Sg'51'42"W. . ~ Sec. 2. Twp. 49S. 1250.68'~ _ m~oO ~,B/ ~' ~ ~.fl.C. S.ff. Corner Sec. 2, R~e. 25 [. GENERAL NDTES 1) P,D.C. indicates Point oF Commencement 2) P,r.],B. Indicates Point oF' Beginning 3) Sec, indicates Section 4) Twp, Indicates Township 5) Rge, indicates Range 6) R/W indicates Right-oF-way 7) Alt distances ore in Feet and decimals thereof 8) Basis oF bearings is the West R/W tine oF Airport Road being S.02'14'00°E. 9) Not votid untess signed and seated with the embossed seat of' the proFessionot rand surveyor THIS IS ONLY A SKETCH L NsBcTALTEI3 J, 0 ?- 02- 97 ] PR-703B I SHEET 2 OF 2 5301 Of?Ii'ICE' 01i' CAI I'I AL I AOJ'EC'I S EAST TAlvlIAMI TI?AIL I'IAI~L["S, FLORIDA 34.112 (9'11) 77'1-U 192 PI,IOJ[.:C r I.io.~ ~.~~ PI~OJECr PARCEL NO. "7~)~ ES IAX PARCEL biO. 0 0~, 0 0 c> ~ ' A D'SCRIPTION NOT A SURVf'Y COMMENCING AT TIlE SOt]TI lEAST CORNER OF SECTION 2, TO~,VNStIIP 49 SOUTH, RANGF, 25 EAST COI.I.IER COUNTY, FI.ORIDA,SAID POINT OF COMMENCEMENT ALSO I.YING ON TI IE EAS'r RIGI rF OF WAY I.INE OF AIRPORT ROAD (C.R. 3 I); 'FIIENCE NORTII 2 I)I'~GREES 14 MINUTES O0 SECONDS WEST, A DISTANCE OF 1049.41 FEET. TIIENCE SOUTll 89 DEGREES 51 MINUTES 42 SECONDS WEST, A DISTANCE OF I 15 nx FEET TO TI IE POINT OF BEGINNING; TIIENCE CONTINUING WEST ALONG SAID LINE. A DISTANCE OF 1235 6'/FEET; TIIENCE NOR'III ! DEGREE 57 MINUTES 50 SECONDS WEST. A r)ISTANCE OF 130.1)0 FEET MORE OR LESS,TO TIlE S()UTI lEAST CORNER OF 'FI II". NORTI [WEST QUARTER OF THE NORTtIEAST QUARTER OF THE SOUTHWEST QUARTF. R OF THE SOUTHEAST QUARTER OF AFORESAID SECTION 2', TI I[:.NCE CONTINUING NORTll AI.ONG SAID LINE. A DISTANCE OF 15.00 FEET; TI[ENCE NORTll 88 DEGREES 02 MINUTES lO SECONDS EAST, A DISTANCE OF 15 i~o FEET. TIIENCE SOUTII I DEGREE 57 MINUTES 50 SECONDS EAST, A DISTANCE O[: I 't0.5 FEI.71' MORE OR LESS; TI [ENCE NORTll 89 DEGREES 5 I MINUTES 42 SECONDS EAST. A DISTANCE OF [220.59 FEET; THENCE SOLtT~ 2 DE(JP, EES 14 MINUTES O0 SECONDS EAST.ALONG A LINE LYING FIFTEEN.(.15') FEET WEST OF TIIE WEST R/GIlT OF WAY LINE OF SAID AIRPORT ROAD A DISTANCE OF 15 Gl FEET 'rD TIIE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0470 ACRE (20.488 SQUARE FIE. E'I ), MORE OR LESS. BASIS OF BEARINGS IS TI IE EAST RIGt rr OF WAY LINE OF AIRPORT ROAD BEING NORTI[ n2 DEGREES 14 MINUTES O0 SECONDS WEST. PARCEl. 7f13B Gl"Ot~t;t,~'lL ldo ikiONO ' PIt, OFESSIONAL IAI,ID SURVEYOR OFFICE OF CAPI1AL PROJECl'S COLLIER COUNIY GOVEf,{NMrNT COMPLEX 3301 E TAf. IIAhtl 'IRAIL NAPLES. FLORIDA 34112 8 B2, 76'~' 3A OFFICE OF CAPITAL PROJECTS (941) 774-8192 SKETCH OF DESCRIPTION 15.01'\ , ~____' '_Z_' _~0. m' .89'5142 E. 1249.04',,x 15'~JJ-~91 PARCEL 703 I0- ~mO 15.O0 %¼ /-130.50'± ~5111- OI '-- ~ J//' _ PARCEL eo3--.~lll Z ~-' -~J ~//..~-PARCEL 703B P,D.]3.-xlfl o ~' ' ' ' · - o 1 0 59' N.W.I/4, N.E.1/4 ~ . S.W. 1/4, S.E.1/4 . 5.8 Sec 2 Twn 49S 1250.68'~' R~i fsi. ~' ' ~5.0ii/ J ,,.o S.89'51 '42"W. 115.08' ~1~2 P,D,C, S.E. Corner Sec. 2, Twp. 49 S, Rge. 25 E. DRAWN I~': GENERAl_ NOTES 1) P.B.C. indicates Point oF Commencement 2) P,O.B, indicates Point of Beginning 3) Sec. indicates .Section 4) Twp. Indicates Township 5) R(:]e. indicates Range 6) R/V/ indicates Right-oF-way 7) Att distances are in Feet and decimots thereof 8) Basis oF bearings is the v/est Air-port Road being 9) Not valid unless signed end sealed with the embossed seal or thc, professional land surveyor- THIS IS ONLY A SKETCH L .~CALE 07-02-97 AR-703 SHEET 2 OF 2 8 B2, 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (941) 774-8192 PROJECT NO.~ PROJECT PARCEL NO.__ TAX PARCEL NO..__~ ~),,2 ~,,~ ~SCRIPTION ~ COMMF. NCING AT TIlE SOUTtlEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH. RANGE 25 EASI'. COI,I.IER COUNTY. FLORIDA. SAID POINT OF COMMENCEMENT ALS(') LYING ON 'FILE EAST RIGIIT OF WAY t. INE OF AIRPORT ROAD (CR. 31); TIIENCE NORTII 2 DEGREES 14 MINUTES oo SECONDS WEST ALONG SAID EAST RIGIFF OF WAY t. INE. A DISTANCE OF I064.42 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST. A DISTANCE OF I 15.07 FEET TO A LINE LYING FIFTEEN ( 15')WEST.AS MEASURED PERPENDICULAR TO. THE WEST RIGHT (.)F WAY I.INE OF SAID AIRPORT ROAD AND TIlE POINT OF BEGINNING; THENCE NORTII 2 DEGREES 14 MINt]TES (XJ SECONDS WEST ALONG SAID LINE LYING FIFI'EE,"; EEE'F WES]' OF 'FILE WEST RIGHT OF WAY LINE, A DISTANCE OF 332.74 FEET; THENCE SOUTtt 1{9 DEGREES 51 MINUTES 42 SECONDS WEST. A DISTANCE OF II)()l FEET; TtlENCE SOUTtt 2 DEGREES 14 MINUTES O0 SECONDS EAST ALONG A LINE LYING 25 FEET WEST. AS MEASURED PERPENDICULAR TO. SAID WEST RIGIFI' OF WAY LINE OF AIRPORT ROAD. A DISTANCE OF 332.74 FEET: THENCE NOR'IH 89 DEGREES 51 MINIJTES 42 SECONDS EAST, A DISTANCE OF 10,01 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.076 ACRES OR (3.327 SQUARE FEET). MORE OR LESS BASIS OF BEARINGS IS THE WEST RIGHT OF WAY t,INE OF AIRPORT ROAD BEING SOUTIt 02 DEGREES 14 MINUTES CJI SECONDS EAST PARCEL 71)3 A PROFESSIONAL LAND SURVEYOR ~240B OFFICE OF CAPITAL PROdECTS COLLIER OOUNTY (;OV~'dRNMENT 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 8 B OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMt TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 SKETCH OF DESCRIPTION 15.01LN 10 01' · ~ N.89'51'42"E_~_______~. 1249.04~'~ 'o III ~.c~ r~' ' O , ~.1 / 15.00' ~----'lll ?i~._1 ~5.oo~zl ..~ ~111 §~', -- / PARCEL 803 °oJ~J/ III o~J/ ~5o8' S.E. Car.er ~J L~ ~20.s9' ~ JJl ~ ~ ' N.W. 1/4, N.E.1/4, ~_ ~ ' ~ ~ . s.w.~/4 s.E.~/4, - ~. ~ . .... . , .~ Rge. 26E. ~a.u~ / I ~,'~ p,D,B._/ ' ~'r P.rl.C, $.E. Corner Sec, 2, Twp. 49 S, Rge, 25 E. GENERAL NOTES 1) P.O.C. indicates Point oF Commencement 2) P.O.B, indic(~tes Point OF ]3eginntng 3) Sec. indicates Section 4) Twp. Indicates Township 5) Rge. indicates Range 6) R/W indicates Right-oF-way 7) A[[ distances one in Feet and olecimots themeoF 8) Basis oF beonings is the Ai~pomt Raod being S.08']4'OO'E. 9) Not valid unJess signed and 5e~Jed wl~h ~he embossed seal oF the professional THIS IS ONLY A SKETCH SCALE 07-0;>-97 AR-803 SHEET 2 OF 2 88 2. 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (9411 774-8192 PROJECT NO PROJECT PARCEL TAX PARCEL NO, ~ESCRIPTION .(NOT A ~ ('OMMI!NCING AT TI [E SOUTIIEAST CORNEII OF SECTION 2, TOWNSIIIP 49 SOUTH. RANGE 25 EAST COI.I.IER COUNTY, FI.ORIDA.SAID POINT OF COMMENCEMENT ALSO I.YIN(i ON TIlE EAST RIGIIT OF WAY I,INF. OF AIRPORT ROAD (C.R 31); TIIENCE NORTIt 2 I)EGREES 14 MINUTF. S II0 SECONDS WEST. A DISTANCE OF 1{14941 FEt'TF. TItENCE SOUTtl 89 DEGREES 51 MINUTES 42 SECONDS WEST. A DISTANCE OF 115 .,~ FEET 'FO TIlE POINT OF IIE'GINNING; TIIENCE CONTINUING WEST ALONG SAID I.INI!. A DISTANCE OF 12~15 67 FEET; TIIENCE NORTII I DEGREE 57 MINUTF. S 5{I SECONDS WEST. A DISTANCE OF 13{I {~} FEET MORE OR LESS.TO TIlE SOUTI lEAST CORNER OF TIlE NORTItWEST QUARTER OF THE NORTHEAST QUARTER OF TIlE SOUTI IWEST QUARTER OF TIlE SOUTtlEAST QUARTER OF AFORESAID SECTION 2; TItENCE CONTINUING NORTII ALONG SAID LINE. A DISTANCE OF 15.{fi} FEET; TIIENCE NORTtt g8 DEGREF. S 02 MINUTES I{I SECONDS EAST. A DISTANCE OF 15 oo EI£E'F; TIIENCE SOUTII I DEGREE 57 MINUTES 50 SECONDS EAST. A DtSTAN('E OF I Io 5 I:EI'~T MORE OR I.ESS; TIIENCE NORTII 89 DEGREES .~1 MINUTES 42 SE('ONDS EAST, A DISTANCE OF 122o 59 FEET; THENCE SOUTI! 2 I)E(;REES 14 MINUTES {1~ SI{('ONI)S EAST,AI.ON(; A I.INE LYING FIF"FEEN ( FEET \VES'I OF TIIF, WEST RI(lilT OF WAY I.[NE OF SAID AIRPORT ROAD A DISTANCE OF I S (11 FF.[':T TO FIIF. POINT OF BF. GINNING; SAID DESCRIBED TRACT ('ONTAININ(; {} 47(I ACRE 1211,-188 SOUARF FF. ETL MORE OR 1.ESS BASIS OF I~F. ARINGS IS TIlE EAST RIGIIT OF WAY LINE OF AIRPORT ROAD IIEIN(; NORTII o2 DEGREI':S 14 MINU'FES {~1 SECONDS WEST. PARC[{[. 811~ B 89 2-, OFFICE OF CAPITAL PROJECTS 3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION N .... 1001' ?~ N.89'51'42"E. 1249.04'~ q / ~5. oo' ~111 ~J 15.00~z / '~111 ~w~/4, ~.[.1/~ ~~~~ S.W. 1/4, S.E.~/4' - '. /S.89~1'~ 7~ Sec. 2 Twp 49S 1250.68'~ ~ // ; R e ' ' ' ~o ~. 2~. ~,.o~/ ~ ~,~ ...... 11112 P,D.C, S.E. Corner Sec. 2, Twp, 49 S, Rge. 25 GENERAL NOTES D P.O.C. indicates Point oF Commencement 2) P.D.B. indicates Point oF Beginning 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge. indicates Range 6) R/~/ Indicates Rtgh"c-oP-way 7) All dlstonces one in Peet end decimals ChereoF 8) Basis oF bearings is the ~es~ R/~ line o~ Airport Ro~d being S.O~']4'O0'E. 9) Not v~ltd ur,less signed end seated with the embossed seal oF the pcoFessiona[ [an~ surveyor THIS IS ONLY A SK~CH NBT TO ~~ ~ o~ S~~ 2 OF 2 8 B OFFICE OF CAPITAL PROJECTS l'A~,i IAI,~IAMI IIO\11. NAiq_[l$. FI.ONIDA (W, I .:,) 774-8192 PROJECI PARCEL NO.~ fA× PARCEL NO. 00237400004 S_.K_ _ET_C_H__O F__LE_GAL_ O E SCR IPTIO N _ (N_ 07_ ..A_S_U_ .R_V .EY) TEMPORARY CONSTRUCTION EASEMENT l,l.:...q&l..: L) F_s.c_!~.i2T_I-QN Thc West l eh (10') feet of the East 25 feet of the I'ollowing described parcel; COMMENCING at the Southeasl corner of Section 2, T4OS, R25E, Collier County, Florida; thence along the East line ol'said Section 2, North 2', 14' O" West 1397.16 feet for lhe POINT OF BEGINNING: thence Sot,th 89* 51' 42" West 702.58 feet;thence along Norlh and Parallel to the West line of the East half of the Southeast quarter of said Section 2, North I° 57' 50" West 310.04 feet; thence North S0° 51' 42" East 702.58 feet; thence along the East line ofsaid Section 2, South 2" 14' 0" East 310.94 feel to the POINT OF BEGINNING, 5 acres more or less. EXCEPTING the Easterly most I00 fee~ having heretofore been conveyed by Warranty Deed recorded in O.R. Book 171, Page I12, Public Records of Collier County, Florida. Basis of Bearings is the East line of Section 2 being N 02° 14' 00" W. Parcel 46T (704') Sheet I or2 Igld.023\pag SCAt. F' [FFiAVVN CHECKED FILE ..................... PN()FL'SiSIF)N,\I. I~ND SURVEYOR ff2406 OFFICE OF CAPITAL PROJECTS COI.L1ER COUN~ GOVERNMENT COMPLEX '704. OFFICE OF CAPITzlL PROJECTS 5501 EAS1 TAMIAlvll ]RAIL NAPLES, FLORIDA .35962 (S~) 7'/4-S102 SKETCH OF DESCRIPTION N.FIg'Sl'42"E. 702.58" ..... I ~ PROPOSED EASEMENT (46SU) 587.58' *ri%~ IJ?'f'°' ..... -"~0"w ~ r,,7 s,' °~P'n's' N.UI D/ L~ . ...... __ .... × 006) ~- p.R.£. Southeo~t Corner of Section 2, Twp. 49 S. Rge. 25 E. GENERAl_ NBTES 1) P.[J.C. indlcotes Point Gl' Commc~ncement ~) P.12./]. indicates Point oF lleomnln9 4) Twp. lncticnte5 Tnwnshlr) 5) F'9£'. indicote5 [,~nrioe 6) R/W indicates Right-oF-way 7) /~tl dlstnnces are in Foot. nnrl decimnls 'thereof' 8) P, 0sis of` Bearings is the Eos~ I;ne or the Sec~.lon ~ be, in9 N.02'I4'00'W. 9) Not votld unless s:oned ,ncl sealed with 'the embossed s(:ot of' the pror(,sslon(~t tand surveyor THIS IS ONLY A SKETCH ,b :;CAI.E f14-17- 06 46 SHEET 2 OF 2 5 5~J I OFFICE OF CAPITAL PROJECTS f-A31 IAL',IAMi Il<All_ qAI-'L['$, IICI<IDA [,% I .:,), 774 -- lAX F'^ItC[L i"IU .... Q_I~3.?jI.O_000.~ S___K_~C__H_ qE pEQA_L__DES. CRIPT!ON. (N_O..T___A_ _S_U_R_V_E~._) ~;ID'~V'~I%Lt<'/ DRAINANGE, UTILITY AND MAINTENANCE EASEMENT I,Y. QAL _D£!C~ mTJ_EILO_~ The Easl lilteen (15') feet ol'the followinB described parcel; ('OMXIENCING at the Southeast corner of Section 2. T49S, R25E, Collier County, Florida. thence along the East line of said Section 2, North 2°, 14' 0" West 1397.16 feet for iht POINT OF BEGINNING thence South 89° 51' 42" West 702.58 feet; thence along North and Parallel to the West line of the East half of the Southeast quarter of said Section2, North I° 57' 50" West 310 94 feet; thence Norlh 89° 51' 42" East 70258 feet. thence along the East line of said Section 2. South 2° 14' 0" East 310.94 feet to the POINT OF BEGINNING excepting the Easterly most 100 feet having heretofore been conveyed by Warranty deed recorded in OR Book 171, Page 112, Public Records of Collier County. Florida. Containing 46(,4 square feet more or less. Basis of Bearings is the East line ol'Section 2 being N 02° 14' 00" W Parcel 46St.; ('BO4 A) Sheet I of 2 Igld 023a,'pag / DRAWN BY: ......... 7_~_ _-_ '~ J '_-~_]' _-'--"___~/~_'] _~'.~ u L L4~ C, ~]'~i i i;i0 N U-" UAl Ctfi:CKED lyf: PRO~-ESSIONAL LAND SURVEYt~R /1240G FILl:: NO' OFFICE OF CAPlfAL PROJECTS REVISED: ........................ COLI_IER COUN'[Y OOVEk'NMENf COMPLEX ','~,01 E fAI/I^MI lf~AIL NAPLES. FLOIiIDA 33262 OFFICE OF CAPITAL PROJECTS 5501 EAST TAMIAIvll TRAIl. NAPLES, I--LORIDA .35962 (813) 77,1-8192 SKETCH OF DESCRIPTION I I 15.00' N .c · ,, IOOO,--iit /_'l~ ,89 al 42 E ...... ,58'-- pROPOSED702 58 ~1 ' 587 58' Il~'' I'°o.°°' IP dl ~P.B.B. P[~OPOSlJ) EASEMENT (,15)~ Sou~heost Corner of Section 2, l~p. 40 S. R~e. 25 [. EASEMENT (46SU) ¢o4A) GENERAL NOTES I) P.O,C. Indicates Po;n't o£ Commencement 2) P.13.B. indlcol;es Point or IleoinnlnO 3) Sec. indicates Sec'lion 4) Twp. Indicates Township 5) Rge. Indicates Range 6) R/W indicates Righ't-or-way 7) Att dis'tonces ore in Feel and decimals 'thereof 9) Dosls oF ]]eorlngS Is 'the E~st line oF 'the Section ~ bein9 N.02']4'00'~, 9) Not votld untess sl0ned and scored wi'~h 'the embossed seat o¢ the proPesslonot land surveyor TI-lIS IS ONLY A SK~CH NOTscALETO } 04-17-96 46 SHEEr 2 OF 2 OFFICE OF CAPITAL PROJECTS I I r/,I/li~r.,ll Tf~AII_ NAPLES. FI_OR,DA 53962 (81.-',) '/ '1,1- ~,1 '~ PROJECT NO.__~.~-~ J r,.oJr:C ' PARCEL 0.__804 TAX PARCEL N0.___0.0.2.2,_7~ DRAINAGE, UTILITY AND MAINTENANCE EASEMENT _S. K_.-E-[~.~ _O F_ L -E G. A_L_. D _E_SC B Ip__TJ 0 N __( N__O. T__. _A__S_ _U R___VEY_.) 1,EGAI. DESCRIPTION The North 16 Feet of the Ibllowing described parcel; ('ommencing at the Southeast corner of Section 2, Township 49S. Range 25E, thence h'ortherly along the Fast line ofsaid Section 2. N 02° 14' 00" W, 1398.08 feet. thence S 8o© 51' 42" W. 702 58 feet to the Point &Beginning; thence continuing S 89° 51' 42" W. 646 53 feet lo the West line ofthe East I/2 ofthe SE I/4 of Section 2, Twp 49 S. Rge 25 E, Ihcnce Northerly along said West line N OI° 57' 50" W. 070.78 feet, thence N 8o~ 5 I' 42" E, 58445 feet thence S 02° 14' O0 E, 660.00 feet, lhence N 8o~ 51' 42" E. 58 96 feet, Ihence SOI° 57' $0" E, 310.89 feet to the Pbint of Beginning Containing 9351 sqt,a~e feet more or less BASIS OF BEARING East line &the Southwest I/4 comer (also being East right-of- way of County Road 3 I). being North 02° 14' 00" West, Sheet I of 2 SCALE: .... DRAWN BY: CHECKED BY:__ FILE NO:___ REVISED:__ O ESSIONAL LAND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 2,301 E TAMIAMI TRAIL NAPLES, FLORIDA 33962 J '"~ SHEET OF 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA ,33962 (941) 774-8192 SKETCH OF DESCRIPTION PROJECT NO. PRO ECT PARCEL TAX PARCEL NO. 1'42" ,4§*~ 16' [AS~MENT 0 --~ --4 ~-~ 646.53' N89'51 '42"E 58.96' S89'51 '42"W S89'51'42"W P.O.B. 702.58' THIS tS OrILY A SKETCH P.O.C. - . I DATE:__ PROFESSIONAL LAND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 5301 E TAMIAMI TRAIL NAPLES, FLORIDA 33962 8 B 2, 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAM1 TRAIL NAPLES, FLORIDA .34112 (941) 77,1.-8192 PROJECT NO L~O~ I PROJECT PARCEL HO. [{J~ A TAX PARCEL NO.~ SKETCH OF LEGAL DESCRIPTION .(NOT A SURVEY) ROAD RIGBT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE AND MAINTENANCE EASEMENT COMMENCINC; AT TIlE SOUTIIEAST CORNER OF SECTION 2, TOWNSHIP 49 S~)UTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA. SAID POINT OF COMMENCEMENT Al,SO [.YIN(; ON TI [E EAST RIGHT OF WAY I,INE OF AIRPORT ROAD (C,R. 31 ); THENCE NORTt[ 2 DEGREES 14 MINUTES ~XI SECONDS WEST ALONG SAID RIGHT OF WAY LINE. A DISTANCE OF I?0R. lo FEET; TtIENCE SOUTH g9 DEGREES 51 MINUTES 42 SECONDS WEST. A DISTANCE OF I(I0.07 FEET TO THE WEST RIGHT OF WAY LINE OF SAID AIRPORT ROAD: THENCE NORTH 2 DEGREES 14 MINUTES OO SECONDS WEST ALONG SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 660.{~ FEET TO 'DIE POINT OF IN'TERSECTION OF TIlE WEST RIGHT OF WAY LINE OF AIRPORT ROAD AND THE SOUTH RIGHT OF WAY LINE OF ORANGE BLOSSOM DRIVE'. TIIF. NCE SOUTIt ~9 DEGREES 51 MINUTES 42 SECONDS WEST ALONG SAID SOUTH Rl(gFr OF WAY LINE. A DISTANCE OF 3(X).O0 FEET TO THE POINT OF BEGINNING: THENCE SOUTtl O DEGREES Og MINUTES I~ SECONDS EAST. A DISTANCE OF 16.00 FEET: THENCE SOUTH g9 DEGREES 51 MINUTES 42 SECONDS WEST ALONG A LINE LYING 16 FEET SOUTH, AS MEASURED PERPENDICULAR TO. SAID SOUTII RIGHT OF WAY LINE OF ORANGE BLOSSOM DRIVE. A DISTANCE OF 3(,0.oo FEET: TIIENCE NOR.D! 0 DEGREES o~ MINUTES I~ SECONDS WEST. A DIgTANCE OF 16o0 FEET: TtIENCE NORTI! K9 DEGREES 51 MINUTES 42 SECONDS EAST ALONG SAID SOUTIt RIGHT OF WAY LINE. A DISTANCE OF 360.(x) FEET TO TIlE POINT OF BEGINNING'. SAID DESCRIBED TRACT CONTAINING 0.132 ACRE (5.76(I SQUARE FEET). MORE OR LESS· BASIS OF BEARINGS IS TIlE EAST RIGItT OF WAY LINE OF AIRPORT ROAD BEING NORTH 02 DEGREES 14 MINUTES (X) SECONDS WEST. PARCEL IO6A SCAL~: I DATE: PROFESSIONAL LAND SURVEYOR //2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN'PI' GOVERNMENT COMPLEX 3301 E TAMIAM,,,O.: 'RAIL NAPLES1FLORIDA 3411.~dF I J "~ SHEET .'" tsC, A OFFICE OF CAPITAL PROJECTS ,..3301 EAST rAM~AMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 SKETCH OF DESCRIPTION WEST R/W SR-S-31 EXIST. ORANGE BLOSSOM DR. R/W ' N.89'51 '42"E. 660.00' 360.00' ~ 300.00' "'X ~-p,B,B, 660.00° S.89'51'42"W. I 1 Sec. 2, lwp. 4~ $ O~ DOOK 5~0, Rge. 25 E. PACE 983 GENERAl_ NEI T F ,c; 1) P,,q.C, incliFnte¢, Point. of Commencement P_) P,B,i3, indicntes Point of Reoinning 3) Sec, i*~dicate~; .~(:ction 4) Twp, lndicotes Township 5) Rgc. indlcotes 6) R/%' indlcntes Right-or-woy 7) At! dis tonces o~e in Feet ond decimol$ theFeof' 8) ~]osis of' beor*i~gs is the V/esL R/V/ tine ^ir*por-t Rond hein0 9) Not voticl urd(,~5 signed ond t;eotecl ~ith the enbossod senL of the [)roFession~( t~nd 5urveyo¢ THIS IS ONLY A SKETCH )T TU I SC^LE 06-19-97 AR-lOG^ SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAIvll TRAIL NAPLES, FLORIDA ,34112 (941) 77,1-8192 PROJECT NO g ~°31 PROJECT PARCEL NO.---L TAX PARCEL NO.?~ EOA..L.~.~J._Q~SCRIPTION .(NOT A SURVEY~ ROAD RIGltT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE AND MAINTENANCE EASEMENT COMMI':NCING AT TI IF. SOt;fl lEAST CORNF. R OF SECTION 2. TOWNSi I1P 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA, SAID POINT OF COMMENCEMENT Al.SO LYING ON TI IE EAST RIGI IT OF WAY LINE OF AIRPORT ROAD (C.R. 3 II; TIIENCE NORTll 2 DEGREES 14 MIN[JTES oO SECONDS WEST ALONG SAID EAST RI(;I IT OF WAY LINE. A DISTANCE OF 17oS. lO FEET; TI IENCE SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST, A DISTANCE OF 100.07 FEET TO Tile WEST RIGI IT OF WAY I.INE OF SAIl) AIRPORT ROAD; TIIENCE NOR'I'll 2 DEGREES 14 MINUTFS oo SECONDS WEST AI.ONG SAID WEST RIGllT OF WAY LINE, A DISTANCE OF 640.0o I,-EET TO TI IE POINT OF BEGINNING; TI IENCE CONTINUING NORTH · ' AI.ONG SAIl) I.INE, A DISTANCE OF 20 O0 FEET TO THE POINT OF IN'I'I!RSECTION OF TIlE EAST RIGIIT OF WAY LINE OF AIRPORT ROAD AND THE SOL1TI l RIGIIT OF WAY LINE OF ORANGE BLOSSOM DRIVE; TIIENCE SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST AI.ONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 300.00 FEET; TllENCE SOUTII 2 DEGREES 14 MINUTES O0 SECONDS EAST, A DISTANCE OF 2o.0¢) FEET: 'FI IENCE NORll189 DEGREES 51 MINUTES 42 SECONDS EAST ALONG A LINE LYING 20 FEET SOUTH,AS MEASURED PERPENDICULAR TO, SAID SOUTI l R1GIIT OF WAY LINE OF ORANGE BLOSSOM DRIVE. A DISTANCE OF 300.00 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0 138 ACRE (5,996 SQUARE FEET), MORE OR BASIS OF BEARINGS IS THE EAST RIGIFF OF WAY LINE OF AIRPORT ROAD BEING NORTll 02 DEGREES 14 MINISTES OO SECONDS WEST. PARCEl. IO6B G ~L~]:.~_i.~ i ~ i~ ~ [~_....__ __ DATE:~ PI'(OFESSIONAL LAND SURVEYOR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI 1RAIL NAPLES. FLORIDA 33962 OFFICE OF CAPITAL PROJECTS 3301 FAS1' 'fAMIAMI iRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION F_XI%T. '/VEST R/W LINE ~ SR-S-,31 ~,~ ORANGE BLOSSOM DR. R/W N.89'51'42"E. 660.00' orr' 660.00' S.89'51'42"W. I -- -t<'~~SE C~orner. 49 S p,o,C,_ / S;~.'., Twp OR BOOK 51g, Rge. 25 [. PAGE 983 GENERAl_ N['] T E § l) P,D,C, indicates Point oF Commencement ~) P.O.B. indicate,_: Point oF Beginning 3) Sec. indicates Section 4) Twp. Indict'res Township 5) Rge. imdicotes Range 6) R/~ indicates Right-oF-way 7) At[ distances ore in Feet and decimals ChepeoF 8) Basis oF beo~ings is the ~est R/~ line oF Ai~popt Rood being 9) Not valid unless signed ond sealed with ~he embossed seal oF the ppoCessionoL land supveyop THIS IS ONLY A SKETCH SCALE 19-97 AR-IO6B SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES. FLORIDA 54112 19411 774-8192 PROJECT IIO.-------.X~' 0 .~ ~ PROJECT PARCEL NO.~ TAX PARCEL NO.__O_O..2,.~~ ~CRIPTION ~ A SURVey] TEMPORARY CONSTRUCTION EASEMENT COMMENCING AT TIlE SOUTIIEAST CORNER OF SECTION 2, TOWNSHI? 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON THE EAST RIGItT OF WAY LINE OF AIRPORT ROAD (C.R. 31); TIIENCE NORTH 2 DEGREES 14 MINUTES 00 SECONDS WEST ALONG SAID EAST RIGHT OF WAY LINE. A DISTANCE OF 1708 I0 FEET; TIIENCE SOUTH 89 DEGREES 51 M[N'dTES 42 SECONDS WEST, A DISTANCE OF 100.07 FEET TO Tile WEST RIGItT OF WAY LINE OF AIRPORT ROAD; THENCE NORTII 2 DEGREES 14 MINUTES oo SECONDS WEST ALONG SA1D WEST RlGIrr OF WAY LINE, A DISTANCE OF 330.00 FEET; TItENCE SOUTIt 89 DEGREES 51 MINUTES 42 SECONDS WEST, A DISTANCE OF 15,0fl FEET TO TI IE POINT OF BEGINNING; THENCE NOR'D[ 2 DEGREES 14 MINUTES 0O SECONDS WEST ALONG A LINE LYING 15 FEET WEST. AS MEASURED PERPENDICULAR TO, SAID WEST RIGHT OF WAY LINE. A DISTANCE OF 310.00 FEET; TI IENCE SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST. A DISTANCE OF 1ooo FEET; TIIENCE SOUTIl 2 DEGREES 14 MINUTES 0O SECONDS EAST ALONG A LINE LYING 25 FEET WEST. AS MEASURED PERPENDICULAR TO,SAID WEST RIGI IT OF WAY LINE, A DISTANCE OF 31OO0 FEET; TIIENCE NORTI I 89 DEGREES 51 MINUTES 42 SECONDS EAST, A DISTANCE OF Io.o0 FEET TO Tile POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING o.071 ACRE (3,098 SQUARE FEET}. MORE OR LESS, BASIS OF BEARINGS IS TI 1E EAST RIGItT OF WAY LINE OF AIRPORT ROAD BEING NOP, TII ~2 DEGREES 14 MINUTES 011 SECONDS WEST. PARCEl. 7116 DATE: PROFESSIONAL LAND SURVEYOR #2405 OFFICE OF CAPITAL PROJECTS COLLIER COUNI~ COVERNMENT COMPLEX 3301 E TAMI,~.II TRAJL NAPLES, FLORIDA 339§2 OFFICE OF CAPITAL PROJECTS 5L01 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION WEST R/W LINE SR-S-3~ EXIST. ORANGE BLOSSOM DR. R/W N.~39'51 '42"1[. 66o.oo' F'AF'I-I-I Ir)F, -~ ~110 ~ P,D,B. 660.00' S.89'51 '42"W. 1 ~~1~- S.E. Corner p,B,C,_/ Sec. 2, Twp. 49 S, OR BOOK 519, Rge. 25 E. PAGE 983 GENERAL NFIT ES ]) P.B.C. indicates Point or Commencement 2) P,O. It. indicates Point oF }3eginninO 3) Sec indicates Section 4) Twp. Indicates Township 5) Rge. indicates Range 6) R/V~ [ndic(ltes Right-or-way 7) Att distances ore in Feet and decimGts thereof 8) ~asis or bearings is the West R/W line oF Airport Rood being N.0~'I4'00°~/. 9) Not votid untess signed and sealed with the embossed seat of' the prof'essionat land rurveyo~ THIS IS ONLY A SKETCH NF~T T~ / 06-19-97 AR-706 SCALE I SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 34112 PROJECT NO.__ ~: ,,2 0 3 / ROJEC PARCEL .0. 806 TAX r'^RCEL NO. 002 ? ? GA D CRIPTION NOT A S RV Y DRAINAGE, UTII,ITY AND MAINTENANCE EASEMENT COMMENCING AT TIlE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COI,I.IER COUNTY, FI.ORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON TIlE EAST RIG[IT OF WAY LINE OF AIRPORT ROAD (C.R. 3 I); TIIENCE NORTll 2 DEGREES 14 MINUTES 0fl SECONDS WEST ALONG SAID EAST RIG[ IT OF WAY LINE, A DISTANCE OF 17OX. IO FEET; TI IENCE SOUTH g9 DEGREES 51 MINUTES .12 SECONDS WEST, A DISTANCE OF 100.f17 FEET TO THE WEST RIGIIT OF WAY LINE OF SAID AIRPORT ROAD~ TIIENCE NORTII 2 DEGREES 14 MINUTES oo SECONDS WEST ALONG TIlE WEST RIGHT OF WAY LINE OF SAID AIRPORT ROAD, A DISTANCE OF :~30.nfl FEET TO THE POINT OF BEGINNING; TI IENCE CONTINUING NORTII ALONG SAID LINE, A DISTANCE OF ~110.00 FEET~ TI[ENCE SOUI'I I g9 DEGREES 51 MINUTES .12 SECONDS WEST, A DISTANCE OF 15~1() FEET; TIIENCE SOUTII 2 DEGREES 14 MINUTES 00 SECONDS EAST ALONG A LINE LYING 15 FEET WEST. AS MEASURED PERPENDICULAR TO, SAID WEST RIGHT OF WAY LINE OF AIRPORT ROAD, A DISTANCE OF 310.00 FEET; THENCE NORTH g9 DEGREES 51 MINI. frES 42 SECONDS EAST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; SAIl) DF. SCRIBED TRACT CONTAINING O. 107 ACRE (4,647 SQUARE FEET). MORE OR LESS, BASIS OF BEARINGS IS TIIE EAST RIGIIT OF WAY LINE OF AIRPORT ROAD BEING NORTII O2 DEGREES I.1 MINUTES oo SECONDS WEST. PARCEl. 1{¢)6 F)~OFESSIONAL LAND SUt~/~.h'OR JJ2406 ~mCE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX .3301 E TAMIAMI TRAIL .NAPLES, FLORIDA 3.3962 OFFICE OF CAPITAL PROJECTS lAST ~AMIAMI fRAIL NAOL£S, FL©RIDA $4112 SKETClt OF DESCRIPTION WEST R/W LINE-~ SR-S-31 [XISf. ORANGE BLOSSOM DR. R/W N.89'51'42"E. 660.00' P.D,B. 660.00' S.89'51 '42"W. -- -?/'~~'S.E. Corner P,D,C, -/ Sec. 2. Twp. 49 S OR BOOK 519. Rge. 2,5 E. PACE 98,3 GEN[_'RAi_ I) P.FI.C. indir:~tes Point oF Commencement ~) P.E].[L indicates Point o¢ 13eoinnin9 3) Sec. indicates Section 4) Twp. Indicates fawns, hip 5) Rgo. indicates 6) R/W indicaten Pioht-oF-woy 7) Att distances are in Feet ~nd decimals thereo~' 9) Basis oF bearings ir, the Vest R/W line aP Airport F4oad being N.02'I4'00'W. 9) Not va[id unless si,fined and seated with the embossed seat oF the proFessionn[ tend sumveyo~ THIS IS ONLY A SKETCH I ,%^LE 06-19-97 AR-806 SHEET 2 OF 2 33O 1 OFFICE OF CAPITAL PROJECTS EASY TAMIAMI fRAIL NAPLES, FLORIDA 34112 (941) '774-8192 PROJECI NO. PROJECT PARCEL NO. 808A lAX PARCEL NO.~ OAL~TION N T A SURV Y GA IPTI N The East Ten (10') feet of the West Forty (40') feet of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 2, Township 49 South, Range 25 East. Collier County, Florid(]. Ld Z t~ -PARiEL 808A DRIVE 25 Eost. PROFESSIONAL LAND SURVEYOR //2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN3¥ GOVERNMENT COMPLEX 3,301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 PROJECT NO. (,:, ,,~ c, ,~, PROJECT PARCEL NO. FOLIO NO. (NOT A SURVEY) DESCRIPTION OF PART OF SECTION 1. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA THE NORTH THIRTY (30) FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF. SUBJECT TO ALL RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD Airpod Road RYW (100') Canal RAN (100') Seclion Line (30') SW '~ of the NW % of the SW South line of N '/~, of N Y~ of S '/,, of Section 1,~ :L301 E, TAMIAMI TRAIL NAPLES. FLORIDA :t4112 NOT TO SCALE PROJECTNO. 1 PROJECT PARCE-~ ~--~.- FOLIO NO. ~ ~ ~ _~_cD~/c u ~ ~__~ ,S_EE_T_CJJ~ ~ (NOT A SURVEY) ~,c,,'~.~=, b.,'t_;,.¥, Yc~ ..', ,,± ¢ ,, ,, ,, c ~. /_--~.,:~.,,~ DESCRIPTION OF PART OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA THE SOUTH 30 FEET OF THE NORTH SIXTY (60) FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF. SUBJECT TO ALL RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD A,rporl Road R~W (100') Canal I~W (100') Section Line South line of N '/~ of N '/~ of S '/~ of Se~ 1 (30') (30') SYV Y. of Ihe NW Y. of lhe SW 114 ,1.101 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE PROJECT NO. ~ PROJECT PARCEL NO. I FOLIO NO. 00235280006 (NOT A SURVEY) ROAD RIGltT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE AND MAINTENANCE EASEMENT DESCRIPTION OF PART OF SECTION 1. TOWNSHIP 49 SOUTH, RANGE 25 EAST. COtUER COUNTY. FtORIDA THE SOUTH 70 FEET TOGETHER WITH THE NORTH 20 FEET OF THE SOUTH 90 FEET OF THE WEST 250 FEET OF THE SOUTH HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF (CANAL RIGHT-OF-WAY). SUBJECT TO ALL RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD Airpod Road RAN (100') S~lh Y, of the NW % el Ihe NW '/, el lhe SW Y, Section Line (90') (?0') NOT TO SCALE Sou~ line of the N ~ of fha N 7, dfhe S ~ of Se, clion 1 j GEORGE R. RICHMOND PROESSIONAL LAND SURVEYOR OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 330! E. TAMIAMI TRAIL NAPLES FL. 34112 OFFICE OF CAPITAL PROJECTS /,'.,I i/,.tJIld.1; II.:/,.ll. hA '1.['.,, If~);1[ A ,,',:'.',; ;t /74-'6I"'J2 SKETCH OF LEGAL DESCRIPTION (N..O_.T_._A_.~.U.R..V.~y) TEMPORARY CONSTRUCTION EASEMENT LEGAl, DESCTIPTIQ.~ The South IlalfofThe West Ten (10') feet of the East 25' ofthe following described parcel, the South 1/: of that part of the East halfofSection 2, Township 49 South, Range 25 East, Collier County, Florida, described as follows; Commencing al the Northeast corner of Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence along the East line of' said section 2, South 2° 13' 05" East, 1589.69 feet; thence North 89° 59' 01' West 100.08 Feet to the West Right of Way line of State Road 31 (Pulling Road), and the POINT OF BEGINNING of the parcel herein described; Thence along the West Right of Way line of State Road 31, South 2° 13' 05" East 198905 feet; thence Soulh 89° 51' 40" West 500.33 feet; thence North 2° 13' 05' West 1990.41 feet; thence Soulh 89° 59' 01" East 500.38 feet to thePOINTOF BEGINNING Containing 99,15 Square feet more or less. Parcel 43TS t/~t3 A) Sheet 1 of 2 Basis of Bearin~js is the East line of Section 2, being South 02° 13' 05" East. t.gld/pag 030 $C41.E:. __. DRAWN f_~Y: ..... CI'4LCKED FILE NC): REVISED: OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E fAMIAMI TRAIL NAPLES, FLORIDA 33962 ['"" SHEET OF Ol P/CA OP CAPITAL PRO,;£CTS 3301 EAST TAMIAMI TRAIt_ NAPLES, FI_ORIDA .34112 (941) 774 -8192 .,KE[C t OF DESCRIPTION If) ~(1' EASEMENT (43TN)-, S.89'S9'01 500.3t ~. ~ 587.58' o~ ,~ N 1/2 S.89'56'20"W. 500.35' 500.33' S.89'51 '40"W. EXSE~E,m (4~S) / P.O.C. Northeast Cart;er of Section 2. Twp. 49 S. Rge. 25 E. EASEMENT (4,3SUN) 'P.O.B. in'' ,0 EASEMENT (43SUS) GENERAL NOTES I) P.[hC. indicates Point oF Commencement 2) P.O.[{, indicates Poln~ or Becjinnin.Q 3) Sec. indicates Section 4) ~wp. Indicates TownshiD 5) R.qe. indicato.~ Range O) I~/~/ indicates Ri(.)ht-oF-way 7) All distances are in Peet and decimals thereof O) Dasis oF ]]earinos is the [a5t line oF the Section ~ b,:in9 S.0~'14'00'E. 9) Not valid unle~ ,dgned and sealed with the embossed sea[ or the professiona~ land surveyor TillS IS ONLY A SKETCH hi[iT TO ~ /[ SCALE 43 jSHEET 2 OF 2 OFFICE OF CAPITAL PROJECTS t A',I [/,,I,',I/~.MI IF,'^ll_ ' " qAI-LI..:~ I'10RIDA PROJECT NO ...... 6_ _2.0_3_~1 ....................... FOLIO NO. _D023_8360004 .SK. ETCH OF LEGAL. DESCRIPTION ( N_ _ .O _T_ _A . _S _U_ .R_V E Y_ ) DRAINAGP.~ UTILI?Y AND MAINTgNANC£ BASDM£N? LEGAl. DESCRI~ION The Soulh I lair'of The East fifteen (I $') Feet ofthe following described parcel; Thal part oflhe East halfoFSection 2, Township 49 South, Range 2:5 East, Collier County, Florida, described as follows; Commencing at the Norlheast corner ot'Seelion 2, Township 49 South, Range 25 East, Collier County, Florida; Ihenee along the East line of said section 2, South 2° 13' 05" East 1589.69 feet; thence North 89° 59' 01" West 100.08 Feet to the West Right &Way line of State Road 31 (Pulling Road), and lhe POINT OF BEGINNING of the parcel herein described; Thence along thc West Right &Way line &State Road 31, South 2° 13' 05" East 198905 feet; thence South 89° 51' 40" West 500.33 feet; thence North 2° 13' 05" West 1990,41 feet; thence South 89° 59' 01" East .500.38 feet to the POINT OF BEGINNING. Containing 14,920 Square feet more or less. Basis ofbearing is the East line of Section 2 being South 02" 13' 0.5" East. Parcel 43SUS /'St~ A') Sheet I of 2 SCALE: ...... U DRAWN BY .... -~' --~. ---~].~---- ~'-'__~.._~---~. C,E,l~tGt: R. RICi'tMOND .... CI-tECK!~D UY: PROFESSIONAL LAND SURVEYuR //2406 FILE NO:_ REVISED: ............. OFFICE OF CAPITAL PROJECIS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI IRAIL -,,, i-,,,,,, i- 1,,,,, -T,,,,o. 813A Ol;'?'ICli' 0I;' CAt/7AL PROJECTS 3301 EAST TAMIAMI TNAll_ NAPLES, FLORIDA 54112 (941) 774-8192 SKE'iCH OF DESCRIPTION ~/--, P.0.C. ~n~ Northeast Carrier of EASEMENT (4.3TN) mn~;'['J Section 2, Twp. 49 S, ' Rge. 25 E. S.89'59'01 ~ P.O.B. ,~ 587.58' g ~ N 1/2 g' . s.8g'56'20"W. ~l~ S ~/2 EASEMENT (43TS) EASEMENT (43SUS) GENEPA[_ NIIILS I) P.L].C. indicates Point of Commencement 2) P.[I,B indlcate~. Point of ~eflinning ~) Sec. indicates Section 4) Twp. Indicates Township 6) R/W indicates Righ(-oF-wey 7) t~ distances a~e in Feet and decimals thereof B) Basis oF Bearings is the East tine or ~he Section being S.0a'14'00'E 9) Not valid unless signed and sealed with the enbossed seal or the pror,,~;%iomnt toad sunveyo¢ TtfllS IS ONLY A SKETCH SCALE ~ 43 SHEET 2 OF 2 OFFICE' OF CAPITAL PROJECTS /,.'~,I IAMiAIAI II~AI[_ NAPI .... {.c, ,~l OF,'IDA J.J:;~L,:~ '" ' ' (F, 1.5) 7/4-8192 S__K_.ET_.C.H. OF LEG_At._ .DESCRIPTION . (.N_ pT_ 6. TEMPORARY CONSTRUCTION EASEMENT L ,GAl, DE TIPTI N The North IlalfofThe West Ten (10') feet of the East 25' of the following described parcel; the South I/: of that part oflhe East halfofSection 2, Township 49 South, Range 25 Easl, Collier County, Florida, described as follows; Commencing at the Northeast corner of Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence along tile East line of said section 2, South 2° 13' 05" East, 1589.69 feet; thence Norlh 89° 59' 01" West 100.08 Feet to the West Right of Way line of State Road 31 (Pulling Road), and the POINT OF BEGINNING of the parcel herein described; Thence along the West Right of Way line of'State Road 31, South 2° 13' 05" East 198905 feet; thence South 89° 51' 40" West 500.33 feet; thence North 2° 13' 05" West 1990 41 feet; thence Soulh 89° 59' 01" East 500.38 feet to the POINT OF BEGINNING. Containing 9945 Square feet more or less. Parcel 43TN Sheet I of 2 Basis of Bcarin~,s is the East line of Section 2, being South 02° 13' 05" East. Lgld/pag.030 ......................... : CtlECKED [JY: ........................ i~¢J~-L'5$IONAt. LAND TURVLYUR #2406 FILE NO:__ OFFICE OF CAPIi"AL PROJECTS REV.,ED: .................................. COLLCER COUNTY GOVERNMENT COMPLEX 3301 E fAMIAMI IR^IL N^PLES. FLOROA 33962 OI,'I,'ICA' 0I,' CAI-'ITAI, I I,tO,II~,CI,S .",.',()I f A'.;I IAMIAMI II(AIl_ NAfg. ES, I'I_()P, ID,% 34t 12 (~t41) 'I14 H197 Ir. ti OI- EASEMENT (43TN) S.89'59'01 "E." ~/c!' 587.58' o~ s.sg'56'20"W. ? - 500.35' S 500.33' s.a~'s~'~o"w~ "P.O.C. Northee~t Corr~er of Section 2, Twp. 49 S, Rge. 25 E. EASEMENT (43SUN) P.O.B. 0 EASEMENT (43SU'S) fl[NI'P)AL Hill[:< I) P.[I.C. ir~dirat¢,s Poinl oF Commpn(:ement :?) St, c:. indicnt~ ~r,( tion 4) Iwp. Indicates township 5) RC)~. indicates Rano~ 6) R/~ indicates [eigtnl-of-way O) I~osi% oF ]]enrinQs is the EaSt tine of the Section ~ being S.0~'14'00'[. 9) llot va[id ,)n[~s 'signed and sealed ~ith the embossed THIS IS ONLY A SKETCH SCALE 10-18-96 43 SHEET 2 O!'.,.~1 PROJECT NO. PROJECT PARCEL NO. FOLIO NO. 00236280005 ~ ~ ~)~ WP L-~.}DRA I NAGE, (NOT A SURVEY) UTILITY AND MAINTENANCE EASEMENT THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF. ~'IE COR. SECTION (rlo~ 30 feet of SE '/. of tiE % of tie %) SUBJECT (15') AIRPORT ROAD ,¥/-v. /' PROESSIONAL IANO SURVEYOR OFFICE OF CAPrTAL PROJE~TS COLLIER COUN~ GOVERt~MENT COMPLEX 330~ E. TAMIAMI TRAIL NAPLES FL. 341 SKETClt NOT TO SCALE OFFICE OF CAPITAL PROJECTS ;,,',i I/~MIAMI I1.,'/\11. NAI.~I_[7:,. I FOLIO NO. _..0.9_23_8_120.0_0.8 ..... SKETCH OF LEGAL_ _DE~.CFdPTION ..(N_._OT__ DRAINAGE, UTILITY AND MAINTENANCE EASEMENT L_~_.GA L DESCRIPTION The Noah I tall of The East fifteen (15') Feet of the following described parcel; That pan orthe East half of Section 2. Township 49 South, Range 25 East, Collier County, Florida, described as follows; Commencing at the Northeast corner of Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence along the East line of said section 2, South 2° 13' 05" East 1559.69 feet; thence North 89* 59' 01" West 10008 Feet to the West Right of Way line of State Road J i (Pulling Road), and the POINT OF BEGINNING &the parcel herein described; Thence along the West Right of Way line of'State Road 3 I, South 2° 13' 05" East 198905 feet; thence South 89° 51' 40" West 500.33 feet; thence North 2° 13' 05" West 1990.41 feet; thence South 8g° 59' 01" East 500.38 feet to the POINT OF BEGINNING. Containing 14,920 Square feet more or less. Basis ofbearir~g is the East line of Section 2 being South 02° 13' 05" East Parcel 43SUN /"ee, t~3 B~ Sheet I of 2 DRAWN itY: .......... CtlECKEU BY:_ PROFESSIONAL LAND SURVEYOR J12406 FiLE NO:____ RLVISLO OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, rLORtDA 3~962 8 B 21 OII ICl, Oli' CAPITAL t~ROJE'CT$ .L',O1 i Af;I TAMIAMI [RAIl. NAPI.[:S, ['LORIDA 34112 (941) 774-8192 .,t,FTCII OF I]FSCRIPIlON EASEMENT (4$TN) S,89'$9'01 i-- ~ eq 587.58' fi)Il S.89'56'20"W. ~ 500.35' .- [~ 500.33' S.89'51 '40"W EASEMENT (45TS) P.O.C, Northeost Corr~er of' Section 2, Twp. 49 S, Rge. 25 E. EASEMENT (45SUN) P.B,B, EASEMENT (43sUs) 1) P.[].C. i~ndi(;(~teq Point oF Commencement Z)) PI}.II. inUi((~tos Poir~t oF Be()lnning 4) Twp. b~dicotes Township R/~ ir~dir:nt~s 7) Atl ctis tonces aFP in Feet and decimats ~hereo¢ Ilnsig r~r llenrings Is the East tine oF the Section B beinQ g) Not vntid ~Jnlr,,;~ signed ~nd seated with the embossed sent oF the D~'nf'es%ionol land surveyor THIS IS ONLY A SKETCH SHEET 2 OF 2 PROJECT NO. _...._~~ ! PROJECT PARCEL NO. ~ FOLIO NO. ~ (NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT THE WEST TEN (10) FEET OF THE EAST 25 FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY)AND LESS BOTH THE NORTH AND SOUTH THIRTY (3b) FEET THEREOF. NE COR, SECf[ON 2 ~ (No~ 30 le~! of $ ~ of NE '/. of NE M of NE %) SUBJECT {103 ~~ (South 30 AIRPORT ROAD R/'W UO0') ~'; ~e,~z'ge R. Rzcl~ond, PLS 240~-~ Collier County Government Complex 330! E Tam'iami T~'ail Naples, F1 34112 SKETCH NOT TO SCALE '88 2 PROJECT NO. ~ PROJECT PARCEL NO. ~ FOLIO NO. 0¢)230360000 (NOT A SURVEY) .~id(,walk, dr¢linaA(,, utility & maintenance, f,a~em(,nl THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS BOTH THE NORTH AND SOUTH THIRTY (30) FEET THEREOF. I : NE COR. SECllOfl 2 (tlo~h 30 fe~ ol S ½ ~ NE '/, of NE F, ~ NE '/,) SUBJECT (South 30 feet ol $ ~ el NE '/, o~ NE y, ~ NE ½) AIRPORT ROAD Collie~ County Government C~pZex * 3301 E Tamia~ T~oil SKETCH NOT TO SCALE 8B 2 PROJECT NO. ~Z031 PROJECT PARCEL NO. 7/~B FOLIO NO. ~o36ooo6 (NOT A SURVEY) easement THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE SOUTH T~IRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY). I I 8out~ ~ of NE ~ of NE Y, of NE II4 (LE SS I~e ~ 30 leer ~he~d.) I I (~oulh 30 feet o{ S ½ of NE ~/~../~.' '~*~ ~/~J AIRPORT ROAD R/W (100') By Date: //~g//.e g~-gi] ~, PLS~ Co[[~e~ County Gove~n,~nb Comp[ex 330[ E Tam~am~ T=a~[ Nap[es, FL 34[[2 SUBJECT (10') -----+ ~ I : I I : I .-K I I SKETCH NOT TO SCALE PROJECT NO. __~ PROJECT PARCEL NO. 8/(~B FOLIO NO. ~__ (NOT A SURVEY) sidew;~Ik, dr;sinag~,, utility and maintenance easement THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE SOUTH THIRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY). NE CC~. Secbon 2 ~ I S~u~ % r.,f NE ~ofNE %Of NE 114 I (LESS ~e Sou~ 3O le~l I~ereo~.) ! (Sou~ 30 feet of S AIRPORT ROAD RAN (1~') Collier County Govornmont Complex 3301E TamiamiTrail Naples, FL 34112 SUBJECT (15') ,~~ SKETCH NOT TO SCALE PROJECT NO, PROJECT PARCEL NO. FOLIO (NOT A SURVEY) temporary construction easement THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE NORTH T~IRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY). ! (Nc~30feelolSl/2ofNE ~o~NE Y,~,fNE ~) SUEJECT(10') ~ I I I (South 30 leer o! $ Y~ o{ NE ~, of NE ~ o! NE '/.) I ~'~ee R. ~.chmond, PL~'-~-'~" Coll'iez- County Government, Complex 3301 E Tamaimi Trail Naples, FL 34_117 AIRPORT ROAD ~ (100) I I : I I ! SKETCH NOT 'rD SCALE PROJECT NO. ~C~ ! PROJECT PARCEL NO. ~ FOLIO NO. ~__ (NOT A SURVEY) sidewalk, drainaRe, uLiltty and maintenance easement THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE NORTH THIRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY). NE CDR. SECTION (No~lh 30 fe~! ol S ~,~ of NE Y~ of NE ¥, of NE Y,} ~Soulh 30 f~lof S ~ ol ~,IE '/. et NE 7, ol NE ~) AIRPORT ROAD /? G~go R. R].chmond, Collior County Govornmont Complox 3301 E Tamiami Trail Naples, FL 3411:> SKETCH NOT TO SCALE 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PROJECT NO.~_~'-~3 ~ .-~ / PROJECT PARCEL NO..~.~,~..~ TAX PARCEL NO.J;:~,~:..~_.~.~_.~ ~'~ ~' ~ESCRIPTION ~ A RIPTI The West ten (10') feet of the East 125' feet of the following described parcel: The North half of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 2. Township 49 South, Range 25 £osf., Collier County, Florida. North Half, Northeast Quarter, Northeast Quarter, Northeast Ouarter, Sec. 2, TwD. 49 S., Rge. 2.5 E, PARCEL 717 - I~.J -I ........... lO0'-------q I (J 0 0 THIS IS ONLY A SKI-I-I~CH L.M.R. ICH£CK[D .~ NONE PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAP;FAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3,$O1 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 07-17-97 AR-717 SHEET 1 OF 1 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION PROJECT NO, PROJECT PARCEL TAX PARCEL NO. ~CRIPTION J~NOT A ~ A RI I The West fifteen (15') feet of the East 115 feet of the following described parcel: The North half of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 2. Township 49 South. Range 25 East, Collier County, Florida. North Half, Northeast Quarter, Northeast Quarter, Northeast Ouorter, Sec. 2, Twp. 49 Rge. 25 E. PARCEL AR 817 ......... l ~'lll' -- II%' I 0 I-- 0 THIS IS ONLY A SKETCH PRO~E~S,ON^, L*~O S~'~'OR O~l~. OF CAP,TA~ PROJEC'~ CO,~,ER CO~.T~ COVER..E.~ CO~'"'E× 5301 E TAMIAMI TRAIL NAPLES. FLORIDA ,34112 ' 17-9 AR-817 SHEET 1 OF 1 PROJECT NO. PROJECT PARCEL NO. FOLIO NO. oo23~28ooo5 (NOT A SURVEY) ! ('flll~¢tr~tr~/ ('¢)lINt rtl(:t ion ('aHL'mollt THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE NORTH THIRTY (30) FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. t : ' I NE CC)R, SECTION 2 : I : I I SUBJECT (I0') ~ (North 30 leel I I : I I 8y:~?~. to: ' G~d, P L'~r"~4~ COLLZ£R COUNTY GOVERNNENT CONPLEX 3301E Tamiami Trail Naples, FL 34112 I I AIRPORT ROAD P,/W (100') ~' I I I I I SKETCH NOT TO SCALE PROJECT NO. ~ PROJECT PARCEL NO. ~ FOLIO NO. _0.~2~J~JL[!//9_~ (NOT A SURVEY) sidewalk, dr;~inage, utility & maintenance easement THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE NORTH THIRTY (30) FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. NE COR. SECTION 2 · (No~ ~0 le~l of N Y~ of SE ~ o! NE '/, o~ NE ~,) SU~ECT ~~nd, ~L~ ~ Coll&er County Government Complex 3301 E Tamiam± Traii Napies, FL 34112 AIRPORT ROAD SKETCH NOT TO SCALE PROJECT NO. 62031 PROJECT PARCEL NO. 124 FOLIO NO. _DA2352,~D/~I~ (NOT A SURVEY) A PERPETUAL ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT BEING: THE SOUTH THIRTY (30) FEET OF THE WEST ONE HALF (W %) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHWEST QUARTER (NW %) OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. N W. ~ of the NE %d ~eNW ~d~eSW Y, o{ Secl~l 1 3301 E Temiami Naples, FL 34112 SKEfCH NOT TO SCALE Col~ Counly Real PiK)e~ Man~en~nl Oep~nmen! 11,:4 ~,' 3 51 I~,t PROJECT NO, ~...2~ 3 / PROJECT PARCEL NO. '715 FOLIO NO. 00236280005 ECzA (NOT A SURVEY) TEMPORARY CONSTRUCTION EASEMENT THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF, NECOR SECTION2 -- ' {North 30 feet ol SE '/, o! NE '/, of NE SUBJECT {I0') ------'--~ AIRPORT ROAD RY~,'V(IO0') ~m,. SKETCH NOT TO SCALE 8 B Date: To: From: Re: January 27, 1998 Marquita King, Transportation Services Jody S, Kuehne, Minutes & Records Item 8B3, BCC meeting date: 1/27/98 - Resolution 98-23 for Architectural Lighting on U.S. 41 (Davis Blvd. to Airport Road) Please find enclosed five certified copies of Resolution 98-23. If you have any questions, please contact me at 774-8406. Thank you RESOI.I.}TION NO. 98-. 23 A RESOI.UTION AHT[IORIZING EXECUTION OF ^ STATE OF FI.¢)RID^ DF.I'ARTMENT OF TRANSPORTATION JOINT PROJECT A~ H~I'~EM ENT FOR ^RCI[FI'FX.'q'URAL LIGHTING ON US 4l (DAVIS I~()lll.l:.¥^Rl) TO ^IRPORT ROAD) AND PROVIDING AN I:.F FI~CI'IVF. DATF.. WI II'~REAS. thc ('ollier County Board of ('ounty Commissioners ("COUNTY") wishes to enter into a Joint Projcc! A.~rccmcm ("AgreernenC) with Ihe Florida Department of Transporlation ("FDOF'); and wi IFRI..:\S. flw COt iN'FY dcs~rcs ~o upgrade Ihe lighting fixtures from conventional !o architectural wilhin Ih,.: FI)¢ ~1 ',, m~pr.vcmcnt project lo U.~ 41 between Davis Boulevard and Airport Road. N~W. '1111:RI:F(H~.E. BE IT RI.~SOI.VF.D BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLII:.R ¢ '( It ~'N'I'Y. FI.ORIDA TI IAT: ~: '1 hc ('¢ II~N'I'Y does hereby m~lhorize its Chairman to enter into a Joint Pr°Ject Agreement with the FDOT I'or Archi~cclural l.ighting on IlS .~I (Davis Boulevard to Airport Road). ~: 'I hc ('OttN'I'Y believes such an Agreement lo be in the best interes! oftbe citizens of Collier ('ounly m Iha! Iht hghl~ng upgrade can bc done by Ihe contractor presently working in the area; and ,~C..~d.O_~'y_'_.~: Thc ~'~ll iN'FY agrees ~. pay ~hc FDO'F ~he sum of $411,255,00. which is Ibc difference between ~1~¢ contract price o1' $1~3.037,~0 tbr conventional lighting and "Oplion A-I" chosen by the COUNTY from thc comractor's arclulcctural lighting cslimatc. ~N.~: 'l'ht,~ Rcs.hmon shall lake clTccl immediately upon its pas.~ge. ~N_~: All Resolutions and parts of Rcsolulions in conflict herewith arc repealed. 'Ibis Rc,,ohltlOl~ adopted Iht ,.,77-~t_~ day of ~,~, 1998. after motion, second and majority vote. A'FI'EST: DWIGI IT I-.'. BRO('K, Clerk Approved as to fi~rm and legal sufficiency: ~homas ('. I';flmcr Assis[anl ('OtlHly .,~lll~rllCy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~ EXECUTIVE SUMMARY AMEND CIIAPTER 89-449, TO AUTIIORIZE PREVIOUSLY PROIIIBITED ACTS IN PARKS Objective: To approve a proposed Bill to amend Chapter 89-449, Laws of Florida, a Special Act that relates to actMties at all Collier County Parks and specified areas adjacent thereto. Consideration: The Board previously approved revisions to this statute on November 19, 1997; however, the Local Legislative Delegation denied the bill as written, but stipulated that the it could be revised and presented again in time for the l998 session. The delegation voiced concern with the language of the bill and the discretionary authority of the Director of Parks and Recreation. The revised bill addresses their concerns. The County Attorney's Office added a provision whereas all rules and guidelines will be approved by the Board of County Commissioners, and they cleaned up the language where stipulated. Chapter 89-449, as now amen&d, absolutely prohibits many activities within County Parks. include but are not limited to: These activities I. Requests to sell alcohol during countywide special events or wedding receptions; 2. Requests for bonfires; 3. Requests for other animal activities such as dog shows. Often times, start' receives requests in direct violation of the current law, but, in reality, they are deemed reasonable in nature. The current law restricts the authoritative powers of both staff and the Board to allow exceptions. The proposed bill extends the authority of the statute to the Board of County Commissioners. The proposed bill must be advertised for 30 days following approval of the Board before it may be resubmitted to the Local Legislative Delegation when they reconvene the first week of March. Growth bl:magenlent: Fiscal Impact: None Recommendation: That the Board approve the proposed Bill to be presented to the Local Legislative Delegation for submission :o the Florida Legislature to amend Chapter 89-449, Laws of Florida, A Special Act related to Collier County Parks and specified areas immediately adjacent to such County Parks. The proposed amendments are depicted in the proposed draft by strike-throughs and underlines. Prepared '['honms W Ollifl; Ad rator ... ...o?: l)~vts~on of Pubhc Services Date: Agend;l. I ~m ~o.~~ JAN 2 7 ,mo~ 2~ amending suDpatag:aphs :21[dlf[g] and Section 3, Chapter 89-4{9. Laws of Florida, to allow alcoholic beverages in park buildings during wudd:ng :ecept~on~ and other domestics:ed an~al~ ::: ~ounty Parks animal show~ and ot~e~ n~b~tantLaLly o: ~atk~ an~ Rcctenti:n ~o authorize on a case-by-case bas:u, ail of the above in accordance with th~ t~n applicable Ru~e~ :he Parks and Rec:e::~o~ Department a~d as app=ovod by the Ooa:c o: County Co~m£ssLoners~ p=ovidina e::cctLve 2e :u Enacted by the Legz~latu:e of the State of £1orLda: Soc::on 1. Legislative intent. - It ~s the intent of the Collier County :o dusigmate employee:~ of the Collier County ~cpartment o~ Parks a~d Rear,fallen a~ county pa:k enforcement o:f[uc:u. It ~s declared a~ a mnt:er of Leglslat~va intent that county park en[orce~en: off,cars c~ empowered to issue citations to enfo:ce any county ordinance Ouly enacted by the board o: ccun%y co~.mls$ionar~ :o regulate acts wi%bin the county parks, public beache~, beach acces~ a:ea~ adjacent :o count, parks, County operated parking facilities, and puDlic areas directly adjacent to county park~: tO pro:~ct sea tur~ies and p=¢hibi% the opera:ion of motor ve~:cle~ in, on, or across the beaches of Collie: County ia order tc promote, protect, and enhance the health, safe%y, and welfare of the citizens of Collier county. words underlined ate a6oed: uurus ut:==k-~hCc'~h-are delote~. 8C1 "' Age.da.Iteq .t6 2 7 R.q8 of the department that hav~_bce_n approved by the Board of County Co~lssioners. (h) Build f~re~ except :~ spuci~£ed a~aas £n county parks on cooking grills provided there£n, ~xc~p..t bonfires related to special ~vcnt~ may be authorized by the Director of Department on a case-by-ca~e bas13 as then author£zmd bY rules of tho deoartment approved by ~ .B~&rd o~ County ¢ommissloner$. (1) Drive any %:navthcrk,'.-J vehicle on any area with%n authcri:ed vehicle ~n other than mr: establAshe~ o~ designated parking a:ea; or park an), unauthorized vehicle in the county park (]) Ride a bicycle cn ~ther than a paved vehicular road or path ~e$ignated for th~t ~u:~o~; leave a bicycle ~n a place other than blcycle rack when ~uch is provided, or ~eavo a bicycle lying on the grcun~ or paving or any place or po~itioa ~o as to (k) Violatu a~)y rule for the use of the park which has been posted on any park :,ign :n a ?articular park p~rsuant to approval by the beard of coun:? cr~:r~i~)uioners including rule~ and (I: Poa~e~u, cart./, .':~ 'ran~port on or about their (m} Injure. kill= molest, collect, possess, or cause dlrect or indirect ir:jury to any species of sea turtle, gopher tcrtoi:es, ~ive sand doi~a:~, ~horebird~, birds of pYey, ~hclls, and live sea stars or to interfere, de~troy, or tamper any ~ay ~ith the nesting of the ~ea turtle, bLrds of prey, gophe= tortoises or shorebirds. (nj Operate or cause to be operate~ a hand, anlma:, rioter, or engine driven wheel, t~ack or othe~ vehicle or implement Words underlined are a~ded; worts oL-~:ca~..~=_cu~-are deleted. 8Cl Agen em I JAN 2 7 tq.Cl8 I fireplace, railing, paving or paving material, water line or other public utility or part: appurtenant thereof, signs, notices or placard whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other ~t:ucture~ or equipment, ~ne grouna or te~cve any ~r~wing th:ha0 xncludi~g, bu~ not tc, ~ny plant, flower, flo~er ~ed, ~nrub, tree, growth or any ~cs~ession in any coun%y park an:' t~ol o: instrument which could ce used for the cutting thereof, c: any garden or agricultural implements or tools which could Oe u~ed for the removal thereo~; o: pile or maintain any material or debris of any kin4 a~ainst or upon the ~ame or attach an7 rope, cable or other contrivance :~ere:o: or ~et fire to any trees, ~hrubs, plants, ~lowers, grass, pl~:~: gTe-th or ti,~Ser, or su~fer azy fire upon land to extend :nrc park land~; or go upon any prohibited lawn, grass plot or pience: area, except at ~ch :..:~,~ ~nd ~n such ~annet as the ::rector cf the parka and rec,',,~'.:nn department may designate. :ct Throw. di~:h~r~, ~: ~therwLse place or cause %o bu ?L:ccc :n :ne ~ater~ of any foun~a::., pond, lake, ~tream, bay, or ::ne: ~o~y of ~ater in or adQL~c?:L [o any county park or any tr:u~:ary, ut£uam, storm uewe:, u~ ~ra~n f%oving snto ~uch waters, any subo%ance, matter or Lhing, i:quZd or solid, which will or may :uuui~ in :he pollution of sa~d watur~. (d) Ca:my, possess, or ~:ink any alcohol:c beverage ~c-e :n any park ~xc~t w~oll~ wlt.~.in buildings during weddinq ~c_c_c~Lcn~ a~d other substantiall~similar special events as then a::~:~i:e~ by rules o~ the deoa~:ment that have been approved by the Bca~ o: County Com~issione:o. (el Enter or exit any pork facility except at cu:~l£s~ed entrance ~ayo c~: ~x:cs, :r at established times. (fl At:ach any posteru :r ~::ectlonal signs to trees, ~g] Cause or permit ~ d.~,~ or other domestic an&~al to "80] "1 Agenda. Item JAN 2 7 1998 Pg. J~ __ ranger) is hereby authorize= to ~o:~uc citations w~th~n the boundaries of any Collier County perk, public beaches, beach violation= of any Collier Counvy ordsnancue, doly enacted by the boo~u u~ county co~sss~oner~ t~, ,:~gulate acta within these areas :~,clud£ng, but not [imlted to, tho~¢ o~d~nanees which ragulato the use of the park~ and prohibit certain acts therein, provide Zor the nesting and protection of =~c turtles and prohibit the uperatlon of motor vehicles :n, on, or across the beaches of Collier County within county par~s, when such violation is witnessed by said cfr=car. Section 3. Powers and Ct;iLea. .. (1) The Board of Count)' ::~:r.~,::.sLc.ners of ColLier County is hereby author:zed tn doeignat,~ e;r,p~oy~s of the Collier County DeTartmen% of Parks and Recr~dt.c):: ,Jo county park enforcement 2: boar~ to determine by reso[utton the t~aining and gu=ill/cations 22 of any employee ac ~e~xgnatc:. Duc:; ,tesigna~ion and training special meeting o~ the board. 25 {2) It shall be the duty of any person designated a~ a county park enforcement o~flcer (park ranger) tO issue citations for any offenses which occur with:a a county park bounda=y, public beacke=, county operated parkln~ ~acilitiea, and public areas im.medlately adjacent to county park=, and which ate either pron:b~ted by ord:nance enacted by the Boa:d of County Ccm.v. isgloners of Collier Ccuncy et are specifically prohibited by 32 thi3 section. It shall ~u ~uch an offense to: 34 u:th, or displace or remove any o,::i~ag, bridge, table, bench, 8Cl Wore= uncorl~nedare adde~: wore= -~-~-~): t..rc~-..~ ~ ar~ deleted. AgendAj_tlem NO.~.~ JAN 2 7 1998 P9~,,, '~ ~ seawa~ thereof, c~ to operate o~ d~lvo much a veh~c!e on tho sea~ar~ t~ereo~, co.nonny .e.e..~d to ~s Section, 4. Cnforc,:m,:nt. - A citation i~eued by a county park enforcement officer (park .-~n~er) under tho p~v~lons o~ pre$cribc~ Dy county ordinance. Sect:on 5. This act ~na!l take effect upon becomAnQ a law. 801 .o.. JAN 2 7 1998 ' '" 8C1 ENECUTIVE SIIMMARY ADOPT RI($()I.I'TI()N I:OR AI~('IIITF.('TURAL LIGItTING ON US 41 (DAVIS BOULEVARD TO AIRPORT R( ~~E: '1,~ ~dmun Board approv;d of a Resolution for architectural lighting on US 41. CONSII)EIL:_..\'L'!()N$: On J;~nuary 6, 1998, thc Board approved agenda item 16(B)(3), for a Joint prOJect Agweement bct~xccn ('ollicr ('ounty and the Florida Deparlment of Transporlation (FDOT). The FDOT requires th:d a Rc-~,lutmn also be approved to accompany this Agreement. To the above cml. a Rcsolutmn has bccn drafted, reviewed and approved by thc County Attorney's Office, and is attached hereto for Board review and adoption. FISCAL I.XlPA("[: The total cost of recommended Option A-I is $411,255. The FY 1998 Budget provided S236.¢mo for the lighting system, equally funded by MSTD Road District 1 (Fund 102) and MSTD and MSTI) R,~ad l)is~rict 3 (Fund 1041. Thc balance required to fund the recommended option is $175,455. This will bc fimdcd by a combination of available Reserves and surplus Carry Forward in the Road Districts. MSTD Road l)~,n'~c~ 1 (Fund 102) ~ ~, .6_8 share of the lighting improvements would be funded as follows: $58.900 t f ~u:'pI,~ · t 'arD.' ]:orward Il 02-919010) would be appropriated and $28,728 of the available Reserve balance ( 1~ C-'~ I')~I~) would be used. MSTD Road lh,:rlct 3 {Fund I()~) portion of $87,628 would be funded by appropriating $87,628 of the S391.400 m ~urplt~s C'arrv l:orward (104-919010) for the lighting system m the Road Resurfacing Cost ('enter ( 1 ~ -1- I (, ~ ¢,43 ). and appropriating the remaining $303,772 into Reserves ( 104-919010). GROWTILJIc~..N).(_LE.XlENT IMI'A('_'[: None RECO.M.~II'_L_.xJL.Y!'!C)N: That the Hoard authorize it's Chairman to sign the Resolution for architectural lighting on I'.~ 41 Il)avis Boulevard to An-port Road). and authorize the Clerk to the Board to provide five (5) certified c,,pw, m linc Transportation Services Department for transmittal to the FDOT. DATE: 1/21/98 DATE: 4z'// DATE:/- 23 mk, Ol219x't.', I I},' i I1' \ [ :,2', ..\grot ,,loc AG, C NOA II£N. . JAN 2 7 1998 PG. J 8Cl ' 1 7 12 17 20 2~ 23 24 26 27 29 3~ 32 33 35 37 43 I(E~t)l,lrrloN N(). A RI..s()I,I:I'It)N At'III~I(IZING F. XECUTION OF A sTATE OF 1:1( )RII)A I)I{I'AR'IMEN I ()F 1RANSI'()RTATION JOINT PROJECF A( ;RI{I{MEN'I' I'( )R AR('IIII ELqllRAL LIGll'I'ING ON US ~1 (DAVIS lU)Iq.EVAI(D T() AII(I'()RT ROAD) AND PROVIDING AN I:l. Fl(('TIVl~ I)ATIL WI II'.l(l' ..XS. the ('olhc~ County I%oatd of County ('~.nnussioners ("('OUN'~") w~shes to enter a Joint I'lolCCl ..%~tccmcnt I"Agtccmcnl"~ xs ~lh II%c I:lomla IScpartment of ~'ransporlation ("l:IK)]~'): ami WI Il{RI{AS. fl~c ~.'()~ INI'Y des,rcs Io upgrade the lighting fixtures from conventional to archilectural ~v~thin thc Iq)()T's ~mpmvemcnt project to US ~1 bet~'een l)av~s Boulevard and Ai~fl Road. N~ ~W. 'l III..Rl:l.(}l(l{, l~l( II RI:S(~I.VI~I) BY 'lllE I{OARD OF ('(}lJNl'Y COMMISSIONERS OF ('OLLII{R ('()UNTY. I:I.ORII)A TllAT: 5~C'I'IO~_[: 'lhc ('()t tN IY d.cs hc~cby :,uthonze ~ts ('ha~:,n to enter into a Joint project Agreement wllh thc FI)()I lot A~clutcclutal I.~ghtmg ,,n US ~1 (Davis Buulevard lo Ai~ofl Road}. 5EC~ 2: Ihc ~ '( ~I~N I'Y bchc~ cs such an Agreement lo be m the best interest of the citizens of Collier ('ounty m Ihal ~hc h~htmg upgrade u'un be done by Ihe contractur presently working in Ihe area: and 5~Q~ 3: Iht ~fl:N I'Y a~ccs ~, pay Ihe FI)OT the sum of $411.255.00. whlch is lhe difference bclwccn thc o,:xl~aCt price of $1S3.o37.SO fi~r convenmmal lighting and "Option A-I" chosen by the ('( ~[ YN'I'Y Imm fl~c contractor's atciulcclural hghting estm~ale. ~EL'I I0~_4: I },~s Rcsolulmn shall take cflk'ct mm~edialely u~m ils passage. 5~1~% 5' All Rc~olulums and paris of I(csolut~ons in conflict herewith are repealed. Ih:s Rc.,,h:m,n adopted the ..... day of · 19q8. after motion, second and BOARI) OF COUN'FY COMMISSIONERS ('OLLIER COUNTY, FLORIDA IIY: IIAI'.BARA IL IIERRY. Chairman JAN 2 ? 1998 '8C1 Iohn C. Norris District 1 Timothy L. Hancock. AICP District 2 Timothy I. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B, Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 ° Fax (941) 774-3602 Jammry 27, 1998 Mr. Boyd Rose. Planning and TA Chief F. conomic I)cvclopment Administration Atlanta Regional ()l'l]~ 4()1 XVcsl l)cachlrcc Slrcct, NW. ~tlitC 1820 Afiama. GA 3030~-3510 Dear Mr. Rose: Collier County supports the updated Overall Economic Development Program (OEDP) prepared by the Southwest Florida Regional Planning Council's Economic Development Committee and adopted by ll~c Council at its .hmo It), 1007, meeting. The overall fimus of thc ()EDP is job creation and divcrsificatiou of Iht local economy. Collier County recognizes tile need to support and promote economic development through local and regional initiatives. Additionally, the County recognized that long-range economic development planning is mutually beneficial to tile County, its subsidiaries, and the designated redevelopment center(s) within thc County. For this reason, the County wishes to remain an active member in the Regional Economic Development District and participate in its planning cflbrts invoh'ing economic development in Southwest Florida. Commissioner. District 5 BBB:sf cc: Wayne Daltry, SWFRPC COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUDLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advcrtiscmcn! [] Other: (Display Ad,,'., location, crc.) OriginatingDept/Div: Com,n. Dev. Serv./Plamfing Peman: c~-f~n,'~"~'"~---4-L:n~--,,- ,..,,a~,~,t~,,,,~ Date: Petition No. (If none, give brief description): R-97-8 Petitioner: (Name & Address): ¢ommunily Development & Envir0nmcnlal Scrvicc~; Divi~;ion, 2800 N, H0rs¢~ih~ Drive. Naples. Florida 34104 Name & Address of any person(s) to be notified by Clerk's O~cc: (If more space is needed, attach separate sheet) Hearing before XXX BCC BZA Other Newspaper(s) to be used: (Cornplclc only if i~nporlant): Based on advertisement appearing 15 days before hearing. Naples Daily News Olhcr [] Legally Required Proposed Text: (Include legal dcscription& common location & Size: Petition No. R-97-8. Community Development & ? Environmen!al Services Division, rcprescnlm~ tile Collier Counw Board of Counw Commissioners. reouestine a rezone from-pUD- Planned Unit Development to "A" ARricullural for thc Vinccnlian Residence PUD Iocalcd on thc soulh side of U.S. 41 East and on thc cast side of Soulhwcst Boulevard, in Section 32, Township 50 South. R~m,¢ 26 East. Collier CounW. Florida. c~mii~ine of 307 acres. Companion petition(s), if any & proposed hearing date: Does Petition Fccincludc advertising cost?i-lYes 113-138323-649110 Rcvic~vcd by: / / DMsion Head Date [] No If Yes, what account should be charged for advertising costs: Approved by: County Manager Date List Atlachmcnts: DISTRIBUTION INSTRUCTIONS A. For hearings hefore BCC or BZ~S,: Initiatinll person to complete one coy and obtain Division llead approval before submitting to County blanager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] Count)' Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Ollicc, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: ~ Date Advertised: (/nclud/n~ th/s cove.c) 111111111111111111111111111111111111111111111111111111111111111 BA/'Y, E2I DAT?.T BEgS Ill 11111111111111111111111111111111111111111111i!11111111111111111 FROH ~ LO C~T*ZOI~: RECORDS PHONE'NO= (81~) 774-8406 '4~ l 4% I 12-o51 ST. TIr,IEITOTF~L T[MEJR~BRI ID 15:30 I 00°01'56 ] 19263486~ 15:54 ~ 00°01'42 I ~926~4864 ISTRTU$ l I:IPG~.~PT CODE C~ ......... December 5, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition R-97-8 Dear Judi: Please advertise the above referenced notice one time on Sunday, January 11, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 27, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners 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: AN ORDINanCE ~4ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0632N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 EAST AND ON THE EAST SIDE OF SOUTHWEST BOULEVARD, IN SECTION 32, TO?~SHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "PUD" PLANNED UNIT DEVELOPMENT TO "A" AGRICULTUP~L FOR THE VINCENTIAN RESIDENCE PUD; AND BY PROVIDING AN EFFECTIVE DATE. Petition R-97-8, Community Development & Environmental Services Division, representing the Collier Board of County Commissioners, requesting a rezone from "PUD" Planned Unit Development to "A" Agricultural for the Vincentian Residence PUD located on the south side of U.S. 41 East and on the east side of Southwest Boulevard, in Section 32, Township 50 South, Range 26 East, Collier County Florida, consisting of 30.7 acres. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 COMiMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 5, 1997 Mr. Chahram Badamtchian Community Development & Environmental Services Division 2800 ~;orth Horseshoe Drive Naples, FL 34104 Re: Public Hearing to Consider Petition R-97-8 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0632N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 EAST AND ON THE EAST SIDE OF SOUTHWEST BOULEVARD, IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "PUD" PLANNED UNIT DEVELOPMENT TO "A" AGRICULTURAL FOR THE VINCENTIAN RESIDENCE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 18, 1985, the Collier County Board of County Commissioners approved Ordinance Number 85-27 changing the zoning classification of the herein described property from "A-£" Agricultural to "PUD" Planned Unit Development known as "Vincentian Residence"; and WHEREAS, THE Vincentian Residence PUD, pursuant to the Zoning Reevaluation Ordinance, was determined to be inconsistent with the Future Land Use Element of the Collier County Growth Management Plan, and was amended on September 16, 199! to comply with the provisions of the said Growth Mar~agement Plan; and WHEREA~{, on October 30, 1991, the Collier County Board of County Commissioners approved Resolution 97-175, pursuant to Section 2.7.~.4 of the Land Development Code, Time Limits for Approved PUD Master Flans, requiring the property owner or agen~ of the Vincentian Residence PUD to submit an amended PUD to the Planning Services Director prior to September I8, 1997 in order to cause said PUD to become consistent with the Collier County Land Development Code; and WHEREAS, an amendment to the Vincentian Residence PUD was not received by the Planning Services Director prior to September 18, 1997; WHEREAS, Community Development & Environmental Services Division, representing the Collier County Board of County Commissioners, petitioned the Board of County Co~issioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "A" Agricultural and the Official Zoning Atlas Map Number 0632N, as described in Ordinance 91-102, 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. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: Marjd~rie M. Student Assistant County Attorney D~GAL DESCRIPTION Commencing at the concrete monument marking the East 1/4 corner of Section 32, Township 50 South, Range 26 East, Collier County, Florida, this monument being the Point of Beginning; thence }lorth 02'47'30" East along the Easterly boundary of said Section 32 a distance of 885.11 feet to the Southerly right-of-way line of U.S. 41 (Tamiami Trail), said right-of-way line being a cur~e; thence along said right-of-way line an arc distance of 819.59 feet, said curve concave to the Northeast, _having a central angle of 14'35'08", radius 3219.55 feet, chord distance 817.38 feet and chord bearing of North 46'21'34" West to the point of tangency; thence continue along said right-of-way line North 39'04'00" West 73.64 feet to the Easterly right-of-way line of Southwest Boulevard which is the Easterly boundary of Trail Acres subdivision as recorded in Plat Book 3, Page 50 of the Public Records of Collier County, Florida; thence along said right-of-way line and said boundary South 50'56'00" West 1007.99 Feet to the Northeasterly boundary of Trail Acres Unit 3 as recorded in Plat Book 3, Page 94 of the Public Records of Collier County, Florida; thence Southeasterly along said Northeasterly boundary of said Plat South 39'05'25" East 1081.97 feet; thence Easterly along the North boundary of said Plat South 87'30'12" East 695.91 feet to the Point of Beginning. Said parcel containing 30.7 acres more or less. Uaples Dai~y Heys Naples, FL 339~0 Affidavit of Pub[ica:ion Naples DaiLy News BOARD OF COUNTY CONHISS~ONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFEREtICE: 001230 800551 57620521 NOTZCE OF iNTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared 8. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples 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 Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuousZy 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. PUBLZSHED ON: 01/11 AD SPACE: 105.000 INCH FILED ON: 01/12/98 Signature of Affiant Sworn to and Subscribed before me this ~' ' day of Personally known 0y me ,1: /"/' / / NOTIC~ OF INTENT TO CONSIC~4~R O~DINANCE Notice Is ~e~ ~ ~ ~ T~AY, JA~. ~m~ ~d F~, mlnls~ ~1~ Ca- Ce~. ~1 E~t T~ mi Tr~, ~ ~ ~d~ C~. ~,. T~ ~ ~o~ Afl ORDINANCE A~ENDING ORDI- NANCE el.~0~ T~ C~L(R COUNTY LAND VELOPMENT CODE, WHICH I~S COMPREHENSIVE ZONING TIONS F~ T~ UNIN. CORPORATED AREA ~ C~L~R C~NTY, ~LORIOA, BY ~AE~- lNG THE ZONING ATLAS ~ NU~BE~ 0632N CHANGI~ T~ ZON- ING CLASSIFICATION OF T~ ~REIN ~O REAL ~- ERTY LOCATED ON T~ ~TH ~ U.~ 41 EAST A~ T~ EAST Sl~ SOUTHWEST BOULE- VARD, IN ~CT~N L~ C~NTY PLANNED UNIT ~L~NT TO AGRICUCTURAL F~ T~ VI~ENTIAN RE~ ~OVONG ~N EF~C- TI~ DATE. P~ ~-~4. C~- ~ ~M & E~-, ronmentol Services P~n~d Un~ Oeve~. ~ sl~ ~ U.~ 41 E~ ~e Cl~ ~ ~ ~d ~ore* c~d M ~ ~ olnl~ ~ ~ eyre ~-~h BOARD O~ COUNTY CO~S~S CO~bIER COUNTY, TIMOTHY L. HA~, CHAIR~N DWIGHT ~. C~ERK ~ 111717S To: pedone_b Cc: martin_c Subject: Continuance of PUD-97-15 ll:trlmra, l{{m Nino h:n~ indi(tated fha! hr~ n(,(,d:; Io continue I~UI)-9"/. 15 which wns .~ehnduled for the meetinR of ,hmuary 2T in(Infinitely I wdl I)la('~' Ibis it,~m ()n Ih¢? a~n(la and m:~rk il. as ~:onlint, ed indefinitely. Thnnk.~ ,Ioh n n ie Page 1 (inr-J. ud.tnc~ th:Ls cove::) !ii111111111111111111111111111111111111111111111111111111111111 2 11111111111111111111111111111111111111111111i111111111111111111 ~OI~'NO: (813) C.oll~er County C06rthouse ,:! 77A-8408 I 774-840~ 00°01'58 9263486a 80*Ol'59_L___a92634864 128 2 December 8, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-97-15 Dear Judi: Please advertise the above referenced notice one time on Sunday, January 11, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUh~RY 27, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 Ea:;t Tamiam[ Trail, Nap].es, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance i~ as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE ~ICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY A2~ENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9501S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "CF" COMMUNITY FACILITY TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WILLOW PARK FOR A MIXED COMMERCIAL LAND USE DEVELOPMENT STRATEGY, LOCATED ON THE EAST SIDE OF AIRPORT-PULLING ROAD(C.R. 31) SOUTH OF LONE OAK BOULEVARD AND IM~4EDIATELY CONTIGUOUS PROPERTY KNOWN AS PRINCESS PARK IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.35 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-15, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc.. representing George Vukobratovich, Trustee, requesting a rezone from "CF" Community Facility to "PUD" Planned Unit Development for a mixed commercial land use development strategy in a project titled Willow Park. Copies of the proposed Ordinance are on file with the Clerk Lo the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 tke appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 8, 1997 Mr. George Vukobratovich, Trustee Welsh Companies 2400 9th Street North, Suite 202 Naples, FL 34103 Re: Public Hearing to Consider Petition PUD-97-1 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 2 December 8, 1997 Mr. Blair A. Foley, P.E. Costal Engineering Consultants, Inc. 3106 North Horseshoe Drive Naples, FL 34104 Re: Public Hearing to Consider Petition PUD-97-15 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Ho£fman, Deputy Clerk Enclosure COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to thc Board: Ple.~sc place thc following as a: 12B 2 XY~X Normal legal Advertisement [] Other: (Display Ad,,'., location, crc.) Petitioner: (Name & Address): Ocorec Vuko___b..r.~t0vich, Trustee. ~' Welsh ¢9n~aniq$, 24(_.!o 9'h St.. N.. Suite 202. Naoles. F. Lo.rid,3 341O3 Name & Address of an.,,' person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Blair A. Fol~', P~E., of Coastal Enginc. c_ring Co_n. st..jItants~ h._3c., 3106 S. Horseshoe Drive., Naples, Florida 34104 Hearing before XXX BCC BZA Other Requested Hearing date: \~,. e'2~-'~ 0x(~ Based on advertisement appearing ,5 days before hearing. Novspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. PI,JD-97-15. Blair A. Foley. P.E.. of Coastal Engineering Consoltants, Inc., representing George Vukobratovich, Trustee, requesting a rezone rom "CF" Community F~;ility ii) "PUD" Planned Unit Development for a mixed commercial land use development stratem' in a omiect titled Willow Park for propcrp,' located on the east side of Airpon-Pu!/ing Road south of Lone Oak Boulevard and immediately comimrous Drooertv known as Princess Park in Section 1, Township 49 Sou:h, Range 25 East, Collier Cotlnlv, Florida, containing 11.35 a~:r~$, more or less. Companion petition(s), ifanv & proposed hearing date: Docs P¢lition Fcc include :~dvcrlising cost'? [] Yes [] No If Yes. what account should be charged for advcrlising costs: 113-138323-649l lO Reviewed by: ,4 ,:~, ] / Approved by: Division ttcad i, Date . County Manager Date List Allachmcnts: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Dh'islon llead approval before submitting to County Manager. Note: If leg:il document is invoh'ed, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Ofiglnal Clerk's Office ,.q. Other hearings: Initiating Division head to approve and subtnit original to Clerk's Office, retaining a copy for file. FOR CLER :'S O 'nCS USE Dale Received: /.2,/..Y',/J.7 Date of Public hearing: ./,/..7 ~/5'2~ Dale Advertised: /,//~// ' 2 ORDINAI:CE NO. 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COI,LIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOPJtTED AREA OF COLLIER COUNTY, FLORIDA [W AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9501S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "CF" COMMUNITY FACILITY TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS WJ. LLOW ['ARK FOR A bliXED COMMERCIAL LAND USE D. EVEI,OPMENT STRATEGY, LOCATED ON THE EAST SIDE OF AiRPORT-PULLING ROAD (C.R. 31) SOUTH OF LONE OAK BOUI,EVARD AND IMMEDIATELY CONTIGUOUS PROPERTY KNOWN AS PRINCESS PA~K IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11.35 ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREA.';, Blair A. Foley, P.E., of Coastal Engineering Con:;~;]ta:,t.--;, Iht., :epre.';enting George Vukobratovich, Trustee, petitioned the Board of County Com_missioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: ,~EC'T I 0:~ ONE: The zoning classification of the herein described real property located in Section 1, Township 49 South, Range 25 East, CoilJc. r County, Florida, is changed from "CF" Community Facility to "PUD" Planned Unit Development in accordance with the Willow Park PUD O~cument, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number c, 501:~, as desc. ri?)ed in Ordinance Number 91-102, the Co!li.3r County Land Development Cede, is hereby amended accor,:!ingl y. SECTION TWO: This Ordinance sh?.ll become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: Chairman Approved as to Form and Legal Sufficiency /~arjorie M. Student Assistant County Attorney PUD-97- ! 50RDINANC£/ 12B WILLOW PARK A PLANNED UNIT DEVELOPMENT Regulations and Supporting Master Plan Governing Willow Park. A Planned Unit Development Pursuant to Provisions of The Collier County Land Development Code Prepared for: The Welsh Companies 2400 9th Street North, Suite 101 Naples. FL 34103 Prepared by: Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples. FL 34104 CEC File No. 97.388 November 25, 1997 Date Reviewed by CCPC Date Approved by BCC Ordinance Number Amendments and Repeal TABLE OF CONTENTS Page Statement of Cornpli;mce ................................................................................................ i Section I Section I1 Section ili Section IV Section V Section VI Exhibit "A" Property Ownership and Description Project Development Requirements Commercial Areas - Tracts A & B Commercial Areas - Tracts C & D 'l...ake/Detention Area/Open Space - Tracts F & G Development Commitments PUD Master Plan 12E 2 STATEMENT OF 'COMPLIANCE The tlevelopment of this project will be in compliance with the planning goals and objectives of Collier County its set forth in the Growth Management Plan. This compliance inchldcs: The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The pr(occt ,,viii be served by a complete range of services and utilities as approved by the County. Thc project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. .. Thc Planned Unit Development includes open spaces and natural features which arc preserved from future development in order to enhance their natural functions and to serve as project amenities. All final local development orders for this project arc subject to the Collier Count,,' Adequate Public Facilities Ordinance No. 96.53. Thc prqject will consist of office space and Iow intensity commercial, which is consistent with the Office and in-fill Commercial Subdistrict of the Future Land Use Element. 128 SECTION 1 I~ROPERTY OWNERSHIP AND DESCRIirI'ION I,I, I'URPOSE Tile purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Willow Park. i.2. LEGAl, DESCRIPTION 1.4. The South 1/2 of the South I/2 of the Southwest 1/4 of the Southwest 1/4 of Section I. Township 49 South. Range 25 East. Collier County, Florida, less the west 100 feet for road right-of-way purposes. PROPERTY OWNERSHIP The subject property is currently under the ownership of Gulf Coast Golf. Inc.. a Florida Corporation. 4505 Beechwood Lake Drive North. Naples. Florida 34112. GENERAI, DESCRIPTION OF PROPERTY AREA The I 1.36 acre site is located in the southwest comer of Section 1. Township 49 South. Range 25 East. The property is bordered on the north by Princess Park. on the south by Temple Citrus Grove. on the east by Walden Oaks. and on the west by Airport-Pulling Road North (C.R. 31 ). The zoning classification of the subject property prior to the date of this approved PUD Document was Commercial Facility (CF). SHORT TITLE This Ordinance shall be known and cited as the "Willow Park Planned Unit Development Ordinance." I-1 12B 2 SECTION II I'RO.IECT I)EVF_.LOPMENT REQUIREMENTS 2.1. 2°2. I'URPOSE The purpose of this Section is to delineate and generally describe the project plan of development, rclammships to applicable County ordinances, the respective land uses of tim tracts included in the project, as well as other project relationships. ¢ ;I:,NERAI~ Regulations Ibr development of Willow Park shall be in accordance with the contents of this document. PUD-Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code and Growth Management Phm in effect at the time of building permit application. Where these regulations fail to provide developmental standards, lhen the provisions of the most similar district in the County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as thc definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Willow Park shall become pan of the regulations which govern the manner in which the PUD site may be developed. Do Unless modified, waived or excepted by this PUD. the provisions of any other sections of the Land Development Codes. where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by thc approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. II-I 2· 2.3. I)ESCRIlXFION ¢)F TIlE PUl) blASTER PI,AN AND PROPOSED i,ANI) USES The PUD Ma.~ter Plan. including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A". PUD Master Plan. There shall be lYur land use tracts, plus necessary water management lakes. s~reet rights-of-way, thc general configuration of which is also illustrated by Exhibit "A". A & B Cotnmcrcial & Rclalcd Business Park U~s 1.83 C & D Office Usc Only , 5.64 E Rimd Righl.Of-Way 1.62 F I.akc 1.3 I G Detention Arca/Open Space 0.96 Total ! 1.36 Areas illustrated as lakes by Exhibit "A" shall be constructed :ts lakes. Such lakes shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification 1o all tracts. lake, ~n ~nher t'nn~mlary tnay b~ ~rmilw~l al II~ fim~ ~ff Preliminary provisions of Sections 3.2.6.3.5 and 2.7.3.5 ~s~ctively. of the Collier County ~nd Development Code or ~ othe~ise ~iltcd by this PUD d~umcn~. In addition lo the various areas and specific items shown in Exhibit "A". such casements as necessary. (utility. private, semi-public, etc3 shall be established within or along the various Tracts as may be necessary. 2.4. RELATED PR..~.~JECT 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 County governmental agency to insure compliance with the PUD Master Plan. the Collier County Subdivision Code and the platting laws of the State of Florida. !I-2 12B 2 Exhibit "A", PUD Master Plan. constitutes the required PUD Development Plan, Subsequent to or concurrent with PUD approval, a Preliminary Subdivision PI;it. il' applicable, shall bc submitted for thc entire area covered hy tile PUD Master Plan. Any division of property and thc dcvciopmcm of thc hind shall be in compliance with Division 3.2 of thc Collier County [.and Development Code. and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County l. zmd Development Code. when applicable, shall apply to the development of all plattcd tracts. tlr parcels of land tls provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided al. thc timc of inffa.structural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5. SALES FACIIATIES Sales centers shall be permitted in conjunction with ~he promotion of tile development subject to the following: One "wet" sales center may be conslmclcd prior lo recording of a plat. Location ix limited to future land use tracts. All sales centers must be applied for by project owner. Thc ",.vet" sales center may be served by a temporary utility system with uhimatc connection to tile central system. Interior fire protection facilities in accordance with NFPA requirements arc required unless a permanent water system ix ~,vailablc. A water rn:magcmcnt plan must be provided which ;,ccommo,.lates the runoff from the model home. parking, access road/driveway and other impervious surfaces. 2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PI,AN Amendments may be made to the PUD as provided in the Collier County Land Dcvvlopmcnt Code. Section 2.7.3.5. 11-3 2,7. ASSOCIATION OF PROPERTY OWNERS FOR ~COMMON AREA 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 thc establishment o1' a Proper~y Owners Association 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. il-4 12B 2. 3.1 SECTION !!I COMMF~RCIAI, AREAS - TRACTS A & B I'URI'OSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit "A". as Tracts A & B. 3.2. USES PERMITTEI) No building or structure or part thereof, shall be erected, altered or used. or land used. in whole or part. for other than the following (Standard Industrial Classification Manual 1987 (SIC) #'s are shown in parentheses): A. Principle Uses: Amusement and Recreation Services (7911-7999) Business Services (7311-7389) Communication (4812-4899) Depository institutions (6011-6099) Eating and Drinking Places (5812-58 i 3) Educational Services (8211-8299) Engineering. Accounting. Research. Management. and Related Sen'ices (8711-8748) Health Services (8011-8099) Holding and Other Investment Offices (6712-6799) Hotels. Rooming Houses. Camps. and other Lodging Places (7011-7041) Insurance Agents. Brokers. and Services (6411) Insurance Carriers (6311-6399) Legal Services (8111) Membership Organizations (8611-8699) Motion Pictures (78 i 2-7841 ) Museums. Art Galleries. and Botanical and Zoological Gardens (8412-8422) Non-Depository Credit Institutions (6111-6163) Personal Services (7211-7299) Printing. Publishing. and Allied Industries (2711-2796) Public Administration (9111-9721) Real Estate (6512-6553) Security :.t~ld Commodity Brokers. Dealers. Exchanges. and Services 16211- 6289) III-I 3.3 Social Services {8322-8399) Transportation Services {4724-4789) U.S. Postal Service {4311 ) Veterinary Services (0742.0752) Any other commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with thc permitted uses and intent and purpose statement of this ordinance. B. Accessory Uses: Uses and structures that are accessory and incidental to the uses permitted. Caretaker's Residence. I)EVELOPMENT STANDARDS Minimum Setbacks Front: Side: Rear: Minimum Lot Area: Minimum Lot Width: Maximum Building Height: Minimum Floor Area: 3. 4. 5. 25 feet plus one foot for each one loot of building height over 35 feet. 15 feet Zero feet or 5 feet I 0.000 SF 100 feet 50 feet 700 SF ground floor, each building. III-2 12B 2 4.1 4,2. SECTION IV COMMERCIAL AREAS o TRACTS C & D I'URPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the are~ts so designated on Exhibit "A". as 'Fracts C & D. USES PERMITTED No building or structure or part thereof, shall be erected, altered or used. or land used. in whole or part. for other than the following (SIC #'s are shown in parentheses): A. Principle Uses: Business Services (7311-7389) Communication (4812-4899) Depository Institutions (601 i-6099) Educational Services 18211-8299) Engineering. Accounting. Research. Management. and Related Services (8711-8748) Health Services {8011-8099) Holding and Other Investment Offices (6712-6799) Insurance Agents. Brokers. and Services (641 i ) Insurance Carriers (6311-6399) Legal Services 1811 I) Membership Organizations (861 i-8699) Museums. Art Galleries. and Botanical and Zoological Gardens (8412-8422) Non-Depository Credit Institutions (61 I 1-6163) Personal Services (7211-7299) Public Administration (9111-9721) Real Estate (6512-6553) Security and Commodity Brokers, Dealers. Exchanges, and Services (621 !- 6289) Social Services (8322-8399) Transportation Services (4724-4789) U.S. Postal Service (4311 ) Veterinary Services (0742, 0752) IV-I 4.3 Any other commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and intent and purpose statement of this ordinance. B. Accessory Uses: Uses and structures that are accessory and incidental to the uses permitted. 2. Caretaker's Residence. I)EVELOPMENT STANDARDS I. Minimum Setbacks Front: 25 feet Side: 15 feet Rear: Zero feet or 5 feet 2. Minimum Lot Area: I0,000 SF 3. Minimum Lot Width: 100 feet 4. Maximum Building Height: 35 feet 5. Minimum Floor Area: 700 SF ground floor, each building. IV-2 SECTION V LAKE/DETENTION AREA/OPEN SPACE - TRACTS F & G 5.1. 5,2. PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designed as Tracts F & G. Detention Area/Open Space on the PUD Master Plan. Exhibit "A". The primary function and purpose of these tracts will be to provide a water management area for the project. USES PERMITTED No building or structure, or pan thereof, shall be erected, altered or used. or land used. in whole or in part. for other than the following: A. Principal Uses: Lakes Open Spaces/Nature Preserves (Conservation Area) Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the common's area,;. Small docks, piers or others such facilities constructed for purposes of lake recreation for residents of the project. B. Accessory Uses: Small docks, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. V-I SECTION V! DEVELOPMENT COMMITMENTS 6.1. PURPOSE The purpose of this section is to set forth the development commitments for the development of the project. 6.2. GENERAl, All facilities shall be constructed in strict accordance with Final Site Development Plans. Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within 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 shall agree to follow the Master Plan and the regulations oi' the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning or' the proper~y, in addition, any successor or assignee in title is also subject to any commitments within this agreement. 6.3. PUI) MASTER PI,AN ho Exhibit "A". PUD Master Plan. illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code. amendments 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. VI-I 12B 2 6.4. MONITORING REPORT AND SUNSET PROVISION Willow Park PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 6.5. TRANSPORTATION Access from Airport-Pulling Road shall be consistent with the County's Access Management Policy. Resolution 92-422. as amended. Bo Nothing in any zoning approval shall operate to vest any right to a median opening in this project. The developer shall be resPonsible for the installation of arterial level street lighting at all project entrances prior to the issuance of certificates of occupancy, exclusive of the model center. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Compensating right-of-way for turn lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing right-of-way at the time said turn lanes may be required by Collier County. Such dedication shall be considered site related and there shall be no road impact lee credit to the developer. Road Impact Fees shall be paid in accordance with Ordinance 92-22. as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Go Road improvements required for this project, both site specific and system capacity shall be in place prior to the issuance of any certificates of occupancy for the development. VI-2 12B 2" 6.6 6.7 WATER MANA(;EMENT The development of this PUD Mater Plan shall be subject to and governed by the following conditions: In ~tccordance with the rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40. this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. A SFWMD Right-of-Way Permit and Discharge Permit shall be submitted prior to final development plan approval. UTILITIES The development of this PUD Mater Plan shall be subject to and governed by the following conditions: Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer at no cost to Collier County and the State of Florida. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility ea.~ernents, required by the County. shall be conveyed to the County for ownership, operation and maintenance pursuant to Collier County Ordinance No. 97-17. as amended and all State and Federal regulations and adopted policies in effect at the time of conveyance. All potable water and sanitary. sewer £acilities constructed on private property and not required by the County to be located within County utility easements shall be owned. operated and maintained by the developer, his assigns or successors. Upon completion of the potable water and sanitarv sewer within the project, the facilities shall be tested to insure they meet Collier County's utility consuuction requirements in effect at the time construction plans are approved. The above tasks shall be completed to the satisfaction of Engineering Review Services prior to placing the facilities, whether County owned or privately owned, into service. Upon completion of the potable water and sanitary sewer facilities and prior to thc issuance of Certificates of Occupancy l'or structures within the project, the utility fi~cilities shall be conveyed to the County, pursuant to Collier County Ordinance No. 97-17. as amended and all regulations in effect at the time conveyance is requested. VI-3 !2B D. All construction plans, technical specifications and proposed plat. if applicable, for thc proposed potable water and sanitary sewer collection and transmission systems, whether County owned or privately owned shall be reviewed and approved by Engineering Review Service.,; prior to commencement of construction. All customers connecting to the potable water distribution system shall be customers of the County and shall be billed by the County in accordance with thc County's established rate. All potable water and sanitary, sewer facilities in publicly owned rights-of- w:ty or within dedicated County utility casements within thc prOject's limits shall make connection to the County's off-site potable systems and .,~anitary sewer facilities including but not limited to the follov,'ing: Main sewage lift station and properly ~zed force main inter- connecting with the County utility easements necessary. 2) Potable water distribution facilities from the point of connection with the County's potable water facilities to a point of the project's property line. 3) Conslruction and ov,'ncrship of thc potable v,':~tcr and sanitary sewer facilities shall be in compliance with Collier County Ordinance No. 88-776. a.,; amended, all Federal. State regulations which apply and practices etc. in effect at the time construction ~,pproval is requested. 4~ Detailed hydraulic design rcports covering potable water and sanitary sewage collection and transmission systems to serve the p~',~ject shall be submitted with the construction documents. The reports shall list all design assumptions, demand rates and all other factors pertinent to the system under consideration. 5) Certifications of Occupancy for structures constructed within the project shall not be approved by Engineering Review Services until fire flow tests have been conducted on the project's potable water distribution system and the results are found to be acceptable and approved. VI-4 6.8 6.9 ENGINEERING Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. Division 3.2. Work within Collier County fight-of-way shall meet the requirements of the Collier County Right-of-Way Ordinance No. 93-64. LANDSCAPING ho All required landscape buffers shall be in accordance with Section 2.4.7.4. of the Collier County Land Development Code and shall have the following widths: Project Boundary Buffer Requirements North I 0 feet South I 0 feet East i 5 feet West ! 5 feet Landscape buffers shall not be required along the perimeter of individual lots. excep~ for those landscape buffers described above. Landscape buffers shall not be required on Site Development Plans for the development of individual lots. 6.10 ENVIRONMENTAL The developer shall be required to remove all prohibited exotic vegetation on site and to prevent rcinvasion of prohibited exotic vegetation by maintaining the site exotic free in perpetuity. 6.1 ! ACCESSORY STRUCTURI. kq Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a sales center. 6.12 SIGNS All signs shall be in accordance with Division 2.5 of the 'Land Development Code. VI-5 12B 6.13 i.ANDSCAPIN(; FOR OFF.STREETPARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Dmd Development Code in effect at the time of building permit application. 6.14 POLIANG PI,ACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County. which shall be binding upon any and all successors in interest that ~,cquire ownership of such commons areas including, but not limited to. condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 6.15 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby pem'litted. If after consideration of fill activities on those buildable portions o1" the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the b. md Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20.000 cubic yards. All other provisions of said Division 3.5 are applicable. VI-6 NapLes DaiLy flews Naples, FL 33940 Affidavit of Publication Naples Daily News BOARD OF COUNTY CONHISSIONERS ATTN: NANCY SALOGUB PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 800551 57621~94 NOTICE OF INTENT TO 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 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 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 ~aiL matter at the post office in Naples, in said Collier County, FLorida, for a period of I 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 di3count, rebate, commission or refund for the purpose of securing this advtrtisement for publication in the said newspaper. PUBLISHED ON: 01/11 AD SPACE: 108.(X)0 INCH FILEO ON: 01/12/98 .............................. ¥---; ..... .................................. Signature of Affiant ' ~ Sworn to and Sub~cribed before me this /'' day of ~,,',. Personally known by me . (' ', / ' '~ ...' ~ .. NOTICE OF INTENT TO CONSIDER ORDIN&NC~[ Notice I~ het'e~y gh, e~ ~ ~ ~AY, JA~- ~ ~ ~nm~ ~, 3~1 E~ T~ mlss~s ~ C~ ~ e~ ~ a C~ AN OROINAHCE A~ENDING ORDI- NANCE NUMBER ~1-102 T~ C~L~R COUNTY LAND DE* VELOPMENT CODE ~;CH I~S T~ COMPREHENSIVE ZONING REGULA- TIONS F~ T~ UNIN- CORPORATED AREA ~ C~L~R C~NTY, FCORID~ BY AME~- lNG THE OFFICIAL ZON~G A~S ~P NUMBER eS01S BY CHANGI~ T~ ZON- ING CLASSIFICATION OF ~ ~REIN ~- ~R~D REAL PR~- ERTY FROM "CF" COMMUNITY FACILI- TY TO "PUD" PLANNED UNIT ~LOP~ENT KNOWN AS ~LOW P~K F~ J A ~IXED CO~MER- CIAC LAND U~ VEL, OPME N T STRATEGY, L~ATED ON T~ ~$T S;~ ~ AIRPORT-PULLING RO~ (C.R. 31) ~ ~ LONE OAK BOUt. YARD AND IMMEDI. ATELY CONTIGUOUS ~RTY KNOWN PRINCESS PARK IN ~N i, TO~ 49 ~UTH, RAN~ EAST~ COLLIE~ C~N- TY, FL~IO~ CONSI~ M~E ~ LE~; A~ BY PROV~ING AN FECTI~ P~ PUD-97.1~ B~ A. F~ey, P~._ ~ ~ I~, r~e~ ~ V~vlch, Tru~f~, re~sfl~ a rez~ ~ D~e~ ~ a ve~ s~v ~ a ~ flff~ Wfll~ P~. ~t~e ~e ~ file w~ ~e Cl~ ~ ~ ~d ~ ~. All I~ ~ A~V ~ ~ ~ ~e ~d ~ ~ ore- pe~olnl~ ~ereto ~e ~ o v~m h ~, ~khr~d ~ ~ ~ ~sfl~y ~ eyre ~ ~kh ~ ~ls~ BOARD OF COUNTY CO~Mi~O~RS COLLIER COUNTY, FLORA ~IR~N OWIGHT E. BROCK, ~ 111~I 2 COLLIER COUNTY FLORIDA iiEQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: 12B XXX Normal legal Adverlisement (Display Ad,.'., location, etc.) [] Othcr: Petition No. (If none. give brief description): R-97-9 Petitioner: (Name &Addrcss): A. Focrcdi, 1857 G~dlc0n Drivq:, Naples, Flori{l~t 34102 Name & Address of any person(s) to be notified by Clerk's Office: iff mom space is needed, altach separate sheet) Rol;grl L. Duane, Hole, Montes & Associates, 715 Tcnlh Street Sooth, Naples, Florida 34102 Hearing before XXX BCC BZA Other I ' Newspa~r(s) to ~ u~d: (Complete only if im~nanl): Based on advertisement appearing 15 days before hearing. XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Pclilion No. R-97-9, Robert L. Duan¢ of Hole. Monies & Associates representing Adam Fueredi, requesting a rezone from C-3 to C-3 to delele a stipulation the! rcslriClS commercial ~__ccess_ I0 Outer Drive for Lots 2-7 and 81-86, Pincland-on-thc-Trail, in Section 13, Township 50 $oulh, Range 25 East, Collier County, consisting of 2.5 acres, more or less. Companion petition(s), if any & proposed hearing dale: Docs Pclition Fca include advertising cost'? [] Yes i 13-13832341491 I0 Rcvicwcd by: Division Head Date [] No if Yes. v,'hal account should be charged for advertising CosLs: Approved by: County Manager Date List Altachmcms: DISTRIBUTION INSTRUCTIONS For bearings hefore BCC or BZA: Initiating person to complete one coy and obtain Division Head approval befor~ ~, submitting to County Manager. Note: If legal document is invoh'ed, be sure that any necessa~, legal review, or request for same, is suhmitted to Counly Attorney before submitting to County Manager. The blanager's office will distribute co/ties: [] County Manager agenda file: to [] Reqnesting Division [] Original Clerk's Office B. Olher hearings: Initiating Division head to approve and submit original Io Clerk's Office, retaining a COl~ for file. Date Received: ./.,2/'~,,,7,/f ~ Dale of Public hearing: Date Advcrlised: I //] U~nr..1.ud.tncj. ~ ~!!i111111111111111111111111111111111111111111111111111111.1111111 11111111111111111111111111111111111111111111i111111111111111111 3~ Date :lent: 12B ]': December 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice to consider Petition R-97-9 Dear Judy: Please advertise the above referenced notice one time on Sunday, January 11, 1998, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, y S Kuehne, Deputy Clerk Encl. P.O. No. 8000551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 27, 1998, in the Boardroom, 3rd Floor, Administration Building, C-~ll-er County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners 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: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0513S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN SECTION 13, TOV~SHI? 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM C-3 TO C-3 TO DELETE A STIPULATION THAT RESTRICTS COM)~ERCIAL ACCESS TO OUTER DRIVE FOR LOTS 2-7 AND 81-86, PINELAND-ON-THE-TRAIL; PROVIDING FOR STAFF AND PLANNING COM}4ISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 TIMOTHY L. HANCOCk:, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Jody S. Kuehne, Deputy Clerk (SEAL) December 15, 1997 Robert L. Duane Hole, Montes & Associates 715 Tenth Street South Naples, FL 34102 RE: Notice of Intent to consider Petition R-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday,January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January, 11, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: A. Fueredi December 15, 1997 A. Fueredi 1857 Galleon Drive Naples, FL 34102 RE: Notice of Intent to consider Petition R-97-9 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday,January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January, 11, 1998. You are invited to attend this public hearing. Sincerely, Jody S. Kuehne, Deputy Clerk Encl. cc: Robert L. Duane ORDINANCE NO. 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0513S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM C-3 TO C-3 TO DELETE A STIPULATION THAT RESTRICTS COMMERCIAL ACCESS TO OUTER DRIVE FOR LOTS 2-7 AND 81- 86, PINELAND-ON-THE-TRAIL; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing Adam Fueredi, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property: NOW, THEREFORE BE iT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 13, Township 50 South, Range 25 East, Collier County, Florida, is changed from C-3 to C-3 and the Official Zoning Atlas Map Number 0513S, as described in Ordinance 91-102, 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 following conditions: CURRENT PLANNING a. The subject properties maintain a 40-foot minimum setback for structures from the property line along Outer Drive. b. The Petitioner shall increase the landscape buffer and plantings to 20 feet wide along the southern property line. TRANSPORTATION a. Access from US 41 shall be subject to FDOT and County permitting requirements and access management considerations. In considering the access management for these parcels, it is possible that all three parcels may be required, under FDOT criteria, to share a single access point. However, in the absence of any specific proposal for these properties, it should be stipulated that there be no more than three access points from US 41 consistent with FDOT and County criteria. There shall be no direct access to any of these parcels from Outer Drive. This stipulation is in keeping with the intent of the GMP and the LDC with respect to separating commercial and residential use and access. However, a secondary access from Lots 2-7 and lots 81-86 to Outer Drive shall be permitted for medical use only. If the medical use of the property reverts to a commercial use in the future, the access to Outer Drive shall be converted to an emergency access only. Arterial level street lighting shall be provided at all access points at the time said entrance is constructed. WATER MANAGEMENT/ENGINEERING ao Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Section for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Section. bo In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. Co Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.~ An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of Collier County Land Development Code. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance ~o. 93-64. Access into each tract as shown on the conceptual master plan is informational only. Location and number is subject to preliminary subdivision plat or SDP approval. This project is recommended for approval for rezone purposes only. If required, a preliminary subdivision plat shall be submitted which complies with all the design standards of Division 3.2 of the Collier County Land Development Code (LDC) unless, in accordance with the LDC specific exceptions to the design standards are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The zoning petition master plan 1213 submitted shall not be considered to suffice for the preliminary subdivision plat required pursuant to the Collier County Land Development Code. If required, the project shall be platted in accordance with Collier County Land Development Code to define the right-cf-way, tracts, and easements as shown on the Preliminary Site Development Plan. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. ENVIRONMENTAL An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the LDC. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: Chairman Approved as to Form and Legal Sufficiency: Assistant County Attorney LEGAL DESCRIPTION Lots 2 to 7 inclusive and Lots 81 to 86 inclusive, Pineland-On-The-Trail, according to the plat in Plat Book 3, Page 60, Public Records of Collier CounW, Florida. Exhibit "A" ~aples Dai~y Naples, FL 339~0 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS ATTN: NANCY SALOGUB PO BOX &13016 NAPLES FL 3~101-3016 REFERENCE: 001230 800551 57620437 NOTICE OF %NTENT TO State of Florida County of CoLLier Before the undersigned authority, personaLty appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a deity newspaper published at Naples, in Collier County, FLorida: that the attached copy of advertising uae published in said newspaper on dates Listed. Affiant further says that the said Naples 0aiLy flews is 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 publication of the attached copy of advertisement; amd 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. PUBLZSttE0 ON: 01/11 AD SPACE: 88.000 INCH FILE0 Oil: 01/12/98 Signature of Afi~ent Sworn to and Subscribed before me this . day of ' 19LL'~ Personally known by me ., ' ",' 12B NOTICE Of: INTENT TO CONSOGR ORDINANCE Notice h, hereby given ff~of 0~1 T~AY, JANU- ARY ~, 1WI. In ~. ~d FI~, A~ mlnls~ ~11~ ~. ~, ~1 E~t T~ mi Tr~, ~ will A~. The ~ ~ ~ AN ORDINANCE AMENDING NANCE NUMBER COUNTY LAND VELOPMENT CODE WHICH ESTA~I~D T~ ~O~E~N~, ZONING REGULA. TIONS F~ T~ UNIN- CORPORATED AREA FL~IOA, BY A~E~ lNG THE OFFICIAL ZONING A~A~ ~ NUMBER 0S13S BY ~HANGING ~ ZON* lNG ~LASSIFICATION OF ~ ~REIN ~. SCRIBED PROPERTY L~ATED IN ~CT~N 1~, TOWNSHIP SOUTH, RANGE EAST. C~L~ C~N- 3 TO C.3 TO ~LE~ STIPULATION THAT RESTRICTS COMBER. CIAL AC~ TO ~T. ER ~1~ F~ LOTS 2.7 A~ 1146, Pl~. LAND-ON.THE-TRAIL; PROVIDING STAFF A~ ~ANNING CO~IS~N TIONS[ AND BY V~ING AN EFFECTI~ DA~. ev~e ~ ~ ~ TIMOTHY L. CHARON DWIGHT E,, ., 12B ORDINANCE NO. 98-7 Al; ORDINANCE AMENDING ORDINANCE NUMBER ~i-iQ2, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0513S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM C-3 TO C-3 TO DELETE A STIPULATION THAT RESTRICTS COMMERCIAL A~?R3S TO OUTER DRIVE FOR LOTS 2-7 AND 81- ~6, FiNELAND-ON-THE-TRAIL; PROVIDING FOR C~TAFF AND PLANNING COMMISSION STIPULATIONS; A:~D BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing Adam Fueredi, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO>~MiSSiCNEPS OF COLLIFR COUNTY, FLORIDA: SECTiOH ONE: 'The zoning c]ass~fication of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 13, Township 50 South, Range 25 East, Collier County, Florida, is changed from (.'-3 to C-3 and the Official Zoning Atlas Map Number 0513S, as described in Ordinance 91-102, the Collier County Land ~e,'eiopr,en' Co~e ~s hereby amended accordingly, The is hereby approved subject to the following conditions: CURRENT PLANNING a. The subject properties maintain a 40-foot minimum setback for structures from the property line along Outer Drive. b. The Petitioner shall increase the landscape buffer and plantings to 20 feet wide along the southern property line. '?RANSPORTATION ,,. Access from US 41 shall be subject to FDOT and County permitting requirements and access management considerations. In considering the access management 3 for these parcels, it is possible that all three parcels may be required, under FDOT criteria, to share a single access point. However, in the absence of any speci[ic proposa] for these properties, it should be stipulated that there be no more than three access points from US 41 consistent with FDOT and County criteria. bo There shall be no direct access to any of these parcels from Outer Drive. This stipulation is in keeping with the intent of the GMP and the LDC with respect to separating commercial and residential use and access. However, a secondary access from Lots 2-7 and lots ~1-86 to Outer Drive shall be permitted for medical use only. If the medical use of the property reverts to a commercial use in the future, the access to Outer Drive shall be converted to an emergency access only. Arterial level street lighting shall be provided at all access points at the time said entrance is constructed. WATER MANAGEMENT/ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Section for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Section. Co In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Co].lier County Land Development Code, Division 3.2. An Excavation Permit will be required for the pro~osed lake(s) in accordance with Division 3.5 of Collier County Land Development Code. Work within Collier County right-of-way shall meet the ~equiremen~s of Collier County Right-of-Way Ordinance No. 93-64. Access into each tract as shown on the conceptual master plan is informational only. Location and number is subject to preliminary subdivision plat or SD? approval. This project is recommended for approval for rezone purposes only. If required, a preliminary subdivision plat shall be submitted which complies with ail the design standards of Division 3.2 of the Collier County Land Development Code (LDC) unless, in accordance with the LDC specific exceptions to the design standards are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The zoning petition master plan 12B 3 submitted shall not be considered to suffice fcr the preliminary subdivision plat required pursuant to the Collier County Land Development Code. If required, the project shall be platted in accordance with Collier County Land Development Code to define the right-of-way, tracts, and easements as shown on the Preliminary Site Development Plan. Detailed water management plans and calculations, signed amd sealed by a Florida Professional Engineer ~h,lll be provided. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. ENV I RONt-IENTAL An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the LDC. b. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of 1998. ATTEST: [~WIG}{T E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~hairman Approved as to Form and Legal Sufficiency: Marjo~ie M..,tudent Assistant County Attorney 128 LEGAL DESCRIPTION Lots 2 to 7 inclusive and Lots 81 to 86 inclusive. Pineland-On-The-Trail. according to the plat in Plat Book 3, Page 60, Public Records of Collier County, Florida. Exhibit "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. 98-7 Which was adopted by the Board of County Commissioners on the 27th day of January 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of January, 1998 . DWIGHT E. BROCK Clerk of Courts and C~.k ...... .. ~,-~ Ex-officio to Boar~.'_~'. ' .:". County Commissioner~f ." By: / s~J./JodyUS. Ku~m~. ,. ..~.. Deputy C 1 erk~/? ~i; "" '~' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv.. localion, crc.) [] Other: Originating Dept/Div: Comm. Dcv. Serv./Planning Person: ~ ~ Date: 12° ! g. 9 / Petition No. (ir none, give brief description): PUD-9 I-11 ( I } Petitioner: (Name & Address): J, Dudley Goodlclt¢, TrusleC, 2700 Pine Ridee Road. Napl¢~, F19rid~l 3.1109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard Hendcrlong. Kensington Park Dcvelopm.e2~h 2700 Pine_.R_id/Ic Road, Naples, FL 34109 Hmaring before XXX BCC BZA Other Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Propo~d Text: dncludc legal description & common location & Size: [] Legally Required Companion pctilion(s), if any & proposed hearing date: Docs Petition Fcc include advertising cost? [] Yes 113-138323-6491 I0 Reviewed by: No IrYcs, what account should be charged for advertising costs: Approved by: Division }lead Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before submitting to Count)' Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's off~ce will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division bead to approve and submit original to Clerk's Office. retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: ~,(., 7/;'7 Date of Public hearing: //'~ 7,//z, ;" Dale Advertised: /. 5.'//'/:i7" (:Lnc.].ud~g th.:l.s cove.~) 12B ililiililillllilliililililillllililiillilillllilillllliiliiliii December 19, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-91-11(1) Dear Judi: Please advertise the above referenced notice one time on Sunday, January 11, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800551 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on q~3ESDAY, JANUARY 27~ 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners 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: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER CO[~TY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N AND 9513S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" AND "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNO~] AS KENSINGTON PARK, FOR PROPERTY LOCATED ON PINE RIDGE ROAD (C.R. 896) APPROXIMATELY 1/4 MILE EAST OF AiRPORT-PULLING ROAD (C.R. 31), IN SECTION 13, TOWNSHIP 49 SOUTH, R;~NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 370 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-25, AS AMENDED, THE FORMER KENSINGTON PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. Pe%ition PUD-91- ll(1), Richard Henderlong of Kensington Park Development, representing J. Dudley Goodlette, Trustee, requesting a change of the zoning classification from "PUD" to 'PUD' and "A" to "PUD" Planned Unit Development known as Kensington Park. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 COb~ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOC}i, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 12B December 19, 1997 Mr. Richard Henderlong Kensington Park Development 2700 Pine Ridge Road Naples, FL 34109 Re: Public Hearing to Consider Petition PUD-91-11(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 128 4' December 19, 1997 Mr. J. Dudley Goodlette, Trustee 2700 Pine Ridge Road Naples, FL 34109 Re: Public Hearing to Consider Petition PUD-91-11(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12B ORDINANCE 98- AM ORDI~ANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ~NCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N AND 9513S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" AND "A' TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS KENSINGTON PARK, FOR PROPERTY LOCATED ON PINE RIDGE ROAD (C.R. 896) APPROXIMA?ELY h MiLE EAS? OF AIRPORT- PULLING ROAD (C.R. 31), IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 370 ACRES MORE OR [.ESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-25, AS AMENDED, THE FORMER KENSINGTON PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Henderlong of Kensington Park Development, representing J. Dudley Goodlette, Trustee, petitioned the Board of County Coram]ssioners to change the zoning classification of the herein described real property; ~OW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~:TY, FLORIDA; SECTIOH ONE: The Zoning Classification of the herein described real proper~y located in Section ]3, Township 49 South, Range 25 East, Collier County, ~lorid~, i~ changea from "PUD" to "PUD" and "A" Agriculture to "PUD" Planne~ ~n~ ?e'.'.~!,~?ment in accordance w~th the PUD Document, a~tached hereto as E>~.~i~ ":~?', w~:ich ~ incor~cr~e~ herein and by reference ma~e part hereof. Th.~ Official Zoning Atlas Maps numbered 9513N and 9513S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are herek, y 3mended accordingly. SECTION TWO: Ordinan'~-. ~:um~.er 92-25, .]~ amended, known as the Kensington Park PUD, a%:opte~ cn April 2%, I9~2 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 12B SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AHD DULY ADOPTED by the Board of County Co,~,issioners of Collier County, Florida, this __ day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Assistant County Attorney f/PuD-gl-Il (1) OP. DItlANC£/ BY: Chairman KENSINGTON PARK 12B A PLANNED UNIT DEVELOPMENT PREPARED FOR: J. DUDLEY GOODLETTE, TRUSTEE PREPARED BY: KENSINGTON~PUD doc KENSINGTON PARK DEVELOPMENT 2700 PINE RIDGE ROAD NAPLES, FLORIDA 34109 DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER REVISED: EXHIBIT "A" 9/29/97 12/10/97 12B ~- TABLE OF CONTENTS LIST OF EXHIBITS & TABLES STATEMENT OF COMPLIANCE SECTION i.I 1.2 1.3 i.4 1.5 1.6 1.7 I PROPERTY OWNERSHIP AND DESCRIPTION ....................... 1-1 PURPOSE . i- I P~o~Y o~s~., SHORT TITLE ............... , ...... l-! GENERAL DESCRIPTION OF PR~I~I~ ~ ~~ 1-2 P~VS~C~ ~rsc~v~os PROJECT DESC~PTION SECTION 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 PROJECT DEVELOPMENT PURPOSE GENERAL ................................... PRO~ECT PLAN ~ LAND USE TRACTS ...... ii. i i iiiiiiiii'i'" 2-1 .... 2-I MAXIMUM PROJECT DENSITY .................................. 2-2 PROJECT PLAN APPROVAL REQUIREMENTS ..................... 2-2 GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT ....... 2-3 DEDICATION AND MAINTENANCE OF COMMON FACILITIES ...... 2-3 MODEL HOMES SECTION 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 III RESIDENTIAL DEVELOPMENT ~L~os~ ............... MAXIMUM DWELLING ~(r~l~' i i i i i i i i i i i ....................... 3-1 USES PERMITTED . · ............. 3-1 RESIDENTIAL LAN~) 6~-' ~F~I'~E'(~I~'~ i i i i i i i i i i i i. i[ ............. 3-2 DEVELOPMENT STANDARDS ................................... 3-2 CLUSTER HOUSING CLUSTER HOUSING DEVELOPMENT STANDARDS ................ 3,-6 ATTACHED MAID/GUEST QUARTERS ........................... 3-8 GENERAL APPLICATION FOR SETBACKS ........................ 3-8 SECTION 4.1 4.2 4.3 IV GOLF COURSE/RECREATION AREA ............ 4-1 PURPOSE ................ ' ................ USES PERMITTED ........ iiiiiiiiiiZiiiiiiiZiiiiiiiiZiiZiZ .... 4-I .~-I DEVELOPMENT REGULATIONS ............................. i Zii 4-2 128 4 SECTION V PRESERVE AREA ............................................... 5-1 5.1 PURPOSE ..................................................... 5-I 5.2 USES PERMITTED ............................................. 5-1 SECTION 6.1 6.2 6.3 VI BUFFER AREA ................................................. 6-1 PURPOSE ..................................................... 6-1 USES PERMITTED ............................................. 6ol DEVELOPMENT REGULATIONS ................................. 6-1 SECTION 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 VII DEVELOPMENT COMMITMENTS ............................... 7-1 PURPOSE ..................................................... 7- I GENERAL ..................................................... 7-1 PUD MASTER PLAN ............................................ 7-1 SCHEDULE OF DEVELOPMENT ................................. 7-1 ENGINEERING ................................................ 7-2 EXCEPTIONS TO THE SUBDIVISION REGULATIONS ............... 7-2 UTILITIES ..................................................... 7-2 TRANSPORTATION ............................................ 7-3 WATER MANAGEMENT ........................................ 7-4 ENVIRONMENTAL ............................................. 7-4 ACCESSORY STRUCTURES ..................................... 7-5 SIGNS ........................................................ 7-5 POLLING PLACES .............................................. 7-6 LIST OF EXHIBITS & TABLES TABLE I EXHIBIT A EXHIBIT B EXHIBIT C DEVELOPMENT STANDARDS ............................ 4-5 PLANNED UNIT DEVELOPMENT MASTER PLAN (Prepared by MeAnly Engineering and Design, Inc.) PLANNED UN1T DEVELOPMENT TRACT MAP VICINITY MAP STATEMENT OF COMPLIANCE The development of approximately 370 acres of property in Collier County, as a Planned Unit Development to be known as Kensington Park will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and recreational facilities of Kensington Park will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: l) The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective I, Policy 5. I and Policy 5.3 of the Future Land Use Element. 2) The subject property's location in relation to cxisting or proposed community facilities and services permits thc development's residential density as required in Objective 2 of the Future Land Use Element. 3) The proposed residential de~izity of 1.6 dwelling units per gross acre is less than that defined by the Density Rating System in the Future Land Use Element. Policy 5.1 of the Future Land Use Element requires that new residential zoning be at a density equal to, or less than that defined by the Density Rating System. 4) The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5) The project's development will adhere to the provisions of Collier County's Land Development Code as set forth in Objective 3 of the Future Land Use Element. 6) The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 7) The project development will incorporate natural systems for water management in accordance with their natural functions and capabilities as set forth in Ordinance 90- i 0 and Collier County's Land Development Code as required by Objective 1.5 of the Drainage Sub-Element ofthe Public Facilities Element. Il l.! !.2 1.3 1.4 SECTION I PROPERTY OWNERSHIP ANT~ DESCRIPTION PURPOSE: Thc purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Kensington Park PUD. LEGAL DESCRIPTION: The subject property being approximately 370 acres, is described as a parcel of land located in Section 13, Township 49 South, Range 25 East~ Collier County, Florida, more particularly described as follows: Commencing at the Northeast comer of Section 13, Township 49 South, Range 25 East, Collier County, Florida and run North 89°31'46" West along the Northerly line of said Section 13 for 1384.78 feet; thence run South 00°28'14" West for 75.00 feet to the intersection with the Southerly Right-of-Way line of County Road 896 (Pine Ridge Road) to the POINT OF BEGINNING; thence run south 00°22'59" East for 1241.64 feet; thence run South 89023'53.. East for 873.00 feet: thence run South 00°15'37" East for 1327.03 feet; thence run South 00009'47" East for 73.36 feet; thence run North 89°50'13'. East for 390.00 feet; thence run South 00°09'47" East for 540.00 feet; thence run South 89°50'13'' West for 390.00 feet; thence run South 00°09'47" East for 2016.60 feet to the intersection with the Southerly line of said Section 13: thence nm North 88°56'26" West for 2922.26 feet; thence run North 00°34'51" West for 2623.27 feet; thence nm North 89° 14' 12" West for 689.41 feet; thence nm North 00038'53.. West for 2543.98 feet to the intersection with the aforementioned Southerly Right-of-Way line; thence run South 89032'39" East along said Right-of-Way for 1384.73 feet; thence nm South 89031'46.. East for 1387.00 to the Point of Beginning, subject to easements, restrictions and reservations of record, containing 370. ! 6 acres, more or less. PROPERTY OWNERSHIP: The subject property is currently under the ownership of J. Dudley Goodlette, as Trustee. SHORT TITLE: This ordinance shall be known and cited as the "Kensington Park Planned Unit Development Ordinance." 1-1 1.5 1.6 1.7 GENERAL DESCRIPTION OF PROPERTY AREA: The project site is located in Section 13, Township 49 South, Range 25 East. Furthermore, the subject property is located south of Pine Ridge Road, approximately 1/4 mile east of the intersection of Airport-Pulling Road and Pine Ridge Road (See Vicinity Map, Exhibit C). B. The zoning classification of the subject property is PUD - Planned Unit Development. PHYSICAL DESCRIPTION: The project site is located adjacent and to the ~uth of Pine Ridge Road, and approximately I/4 mile east of Airport-Pulling Road. The project site lies in the tributary drainage basin ofthe D-2 fl-75) Canal tributary of the Golden Gate Canal System, with ultimate outfall into Naples Bay via the Gordon River. Existing elevations range from +6.4 to +14 N.G.V.D. The water management system serving Kensington Park PUD consists of 51 acres of lakes and 20 acres of preserve areas which receive all runoff from the residential areas, roads, and natural areas. Runoff is collected from the roads and residential areas by catch basin and culvert systems. Runoff from buffer and natural areas is directed over grassed areas to catch basin and culvert systems for conveyance to the preserve areas and lake system. The soils found within the project boundaries include predominantly Holopaw fine sand, Pineda fine sand, limestone substratum, and Halandale fine sand, with minor areas of Malabar fine sand, Boca, Riviera, limestone substratum and Copeland fine sand depressional and Urban Land in the northerly areas of the site. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Soils Conservation Service in January 1990. PROJECT DESCRIPTION: The Kensington Park PUD shall be a single/multi-family residential development with diverse recreational amenity opportunities. The amenities include, but are not limited to, an 18-hole golf course, tennis courts, and related support facilities, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of outdoor recreational opportunities. Each individual single-family lot and each multi-family parcel will be served by public utilities including potable water, sanitary sewer and electricity. Also, additional services will be provided as deemed appropriate. 1-2 2.1 2.2 2.3 SECTION ii PROJECT DEVELOPMENT PURPOSE: The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts and development parcels included in the project, as well as the project criteria for Kensington Park. GENERAL: Regulations for development of Kensington Park PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the sanac as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of Kensington Park PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Do Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD will remain in full force and effect. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Division 3.15, Adequate Public Facilities of the Collier County 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. PROJECT PLAN AND LAND USE TRACTS: The project Master Plan, including layout ofstreets and general depiction of land use. is illustrated graphically by Exhibit "A", PUD Master Plan. The project Tract Map identifies approximate acreage and land use of the various tracts and development parcels, and is illustrated graphically by Exhibit "B", PUD Tract Map. There shall 2-1 12B be land use tracts, plus necess,'u'y water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary or Final Subdivision Plat or Site Development Plan approval, subject to the provisions of Section 2.7.3,5 of the Collier County Land Development Code. TRACT "A" TRACT "CR' TRACT "P" TRACT "S' TYPE UNITS ACREAGE:I: Residential 600 120 Commons/Recreation Area 0 223 Preserve 0 20 Buffer 0 7 Areas illustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, dry depressions for water detention purposes. Such areas, lakes and dry areas shall be in the same general configuration, and contain the same general acreage as shown by Exhibit "A'. In addition to the various areas and specific items shown in Exhibit "B", such easements as necessary (utility, private, semi-public, common use, etc.) will be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 600 resideqtial dwelling units, single and multi-family, may be constructed in the total project area. The gross project area is approximately 370 acres. The gross project density, therefore, is a maximum of 1.6 units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: Prior to the recording ora Subdivision 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 County governmental agency to insure compliance with the PUD Master Plan, the County Land Development Code and the platting laws of the State of Florida. Bo Exhibit "A", PUD Master 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. Any division of property and the development of the land shall be in compliance with the County Land Development Code, and the platting laws of the State of Florida. 2-2 12B 2.6 2.7 2.8 Thc provisions of Division 3.3 of thc Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to thc issuance of a building permit or other development order. Do Thc development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall bc required to submit and receive approval of a Prcliminary Subdivision Plat in conformance with thc rcquircments of Division 3.2 of the Collier County Land Development Code or prior to the submittal ofconstruction plans and plat for any portion of thc tract or parcel. Appropriate instruments will be provided at the time ofinfrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT: Areas designated for residential land uses on Exhibit "A" are designed to accommodate a full range of residential dwelling types and customary accessory uses. Approximate acreage o fall residential tracts have been indicated on Exhibit "A", and Exhibit "B", in order to indicate relative size and distribution of thc residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages, configurations and densities of development tracts will be provided at the time of development plan approval in accordance with Section 2.5. DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Kensington Park PUD. A property owners' organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters ~vithin the project. MODEL HOMES: No more than three "Dry Models" may be constructed prior to recording ora plat for the project if applied for by the project owner. Site(s) for the model(s) must conform to zoning 2-3 12B standards and be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "Sales Center" or an approved independent "Sales Center." Access shall be for pedestrian traffic only, no paved road will be allowed. A "Sales Center" may be constructed prior to recording of a plat. The "Sales Center," which may also be a model, shall be limited to one structure (one building permit). It may be serviced by a temporary utility system (i.e., dry well and septic tanlddrainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the Center. Review and approval of the "Sales Center" shall follow the requirements of the Site Development Plan process (Collier County Land Development Code, Division 3.3). A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan must be provided which accommodates the runoff from the "Sales Center," the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At thc time of building permit application for a "Sales Center," a Temporary Use Permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2-4 12B SECTION III RESIDENTIAL DEVELOPMENT 3.1 3.2 3.3 PURPOSE: The purpose of this Section is to identify specific development standards for areas proposed to be developed with residential land uses. MAXIMUM DWELLING' UNITS: The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 600 dwelling units. USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1) Single family detached and attached, zero lot line. Attached single family dwellings shall henceforth be defined as no more than eight (8) residential dwelling units which are structurally integrated and which may have a common roofline. 2) Townhouses and garden apartments. Garden apartments shall henceforth be defined as a single structure containing more than three dwelling units, which does not have assigned off-street parking facilities structurally attached to each individual dwelling unit. 3) Model Homes (See Section 2.8 ofthis PUD document). 4) Cluster Housing: On a unified plan of development, some development standards set forth in this Section may be reduced provided a common architectural theme is followed. See Section 3.6. B. Accessory Uses: 1) Customary accessory uses and structures including but not limited to private garages, tennis facilities and swimming pools with or without screened enclosures. 3-I 3.4 3.5 2) Accessory uses and structures customary in multiple family residential projects, including private garages, recreational buildings, equipment and associated facilities. .3) Utility facilities and, or easements (including rights-of-way easements). 4) Signage. s) Project sales and administrative offices, which may occur in residential or recreational buildings. 6) Water management facilities/lakes. 7) Commercial excavations as.provided for by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). RESIDENTIAL LAND USE INTEGRITY: The mixing of single family detached housing units with any other form of multiple family housing structures shall not be permitted within the same platted tract of land where platted tracts exist, or on lots platted for the expressed purpose &accommodating the placement of a single family detached housing unit. DEVELOPMENT STANDARDS: A. General: Except where noted, all criteria listed below shall be understood to be in relation to individual parcel or lot boundary lines or between buildings. Setback/yard requirements set forth below shall not apply to interior phase boundaries nor interior condominiurn/homeowners association(s) boundaries. Minimum Lot or Parcel Area: Lot area is that area assigned to an individual dwelling unit. Parcel area is that area assigned to an individual building which may contain more than one dwelling unit. 1 ) Single family detached: 6,000 square feet per lot. 2) Attached single family lot: 1,000 square feet for single story units; 1,200 square feet for two (2) story units. However, each dwelling unit shall have a gross area relationship within a unified plan ofdevelopment so that no less than 2,500 square feet of parcel area is attributable to each dwelling unit in addition to any area covered by a dwelling structure. 3-2 3) Zero lot-linc: 4,000 square feet per lot. Minimum Lot/Parcel Width: Lot width is the average width of the lot assigned to an individual dxvelling unit. Parcel width is the average width of the parcel assigned to an individual building which may contain more than one dwelling unit. I) Single family detached residences: a) Comer Lots: Seventy (70) feet. b) Interior Lots: Sixty (60) feet. 2) Single family attached residences: Lot width may be the same width as the individual single family dwelling unit. Parcel width shall be determined at the time of development plan review. 3) Zero lot line and patio homes: Forty (40) feet per lot. 4) Townhouses and garden apartments: One hundred (100) feet per parcel. Minimum Yard Requirements: 1) Single family, detached: Front yard: Twenty-five (25) feet. Side yard: Seven and one half (7.5) feet. Rear yard: Twenty (20) feet.* Rear yard - accessory structure: Ten (10) feet.* 2) Single family, attached: for side yards shall be measured from parcel boundaries. A Setbacks minimum distance of fifteen (15) feet, or one-half(½) the sum of the heights of adjacent residential buildings, whichever is greater, shall be maintained between structures. Front yard: Twenty (20) feet. Side yard: Seven and one-half(7.5) feet. Rear yard: Twenty (20) feet.* Rear yard - accessory structure: Five (5) feet.* 3-3 Eo Fo Go 3) Zero lot-line: Front yard: Twenty (20) feet. Side yard: Zcro to five (0-5) feet on thc zero lot line side; a roofovcrhang not to exceed thirty (30) inches shall be allowed, subject to the recording of a three (3) foot access easement. Rear yard: Fifteen (15) feet.* Minimum distance between principal and accessory structures: Ten (1 O) feet. Rear and side yard - accessory structure: Five (5) feet.* 4) Townhouses and garden apartments: A distance of fifteen (15) feet, or one-half (V,) the sum of the heights of adjacent structures, whichever is greater, shall be maintained between structures. Front yard: Twenty-five (25) feet. Side yard: Ten (I0) feet from parcel boundaries. Rear yard: Twenty (20) feet.* Rear yard - accessory structure: Ten (10) feet.* *Rear Yard: Fifteen (i 5) feet along the south project boundary. Where a parcel abuts a golfcourse: zero (0) feet. Where a parcel abuts a lake: zero (0) feet may be allowed provided the perimeter of the lake is bulkheaded in accordance with Collier County Ordinance No. 91-102 and SFWMD rules. Minimum Floor Area: I ) One Story Single Family Structures: One Thousand (1,000) square feet. 2) Two Story Single Family Structures: One Thousand Two Hundred (I,200) square feet. 3) Townhouses and garden apartments: Seven hundred-fifty (750) square feet. Off-Street Parking and Loading Requirements: As required by Collier County Land Development Code in effect at the time of building permit application. Maximum Height: 1 ) GolfClubhouse Tract - maximum fifty (50) feet. 2) All other Principal Structures - thirty-five (35) feet from finished floor elevation. 3-4 12B 3.6 3) Accessory Structure - fifteen (15) feet. except pool enclosures which may be twenty-five (25) feet from ground level. Golf Course/Recreation Area - maximum forty (.10) feet. 4) Along the southern boundary, multi-family units shall be limited to thirty- five (35) feet in height. H. Landscaping and Buffering: Unless other.vise specified in this Section, landscaping shall be in accordance with Collier County's landscaping requirements in effect at the time of building permit application. Ali multi-family land uses shall be buffered from abutting single family type residential land uses with a five (5) foot wide area generally parallel to the entire length of abutting single family type property boundaries. Said buffer shall have vegetative hedge plant material and/or fencing/wall, not to exceed six (6) feet, to achieve an 80% opaque condition, thirty-six (36) inches in height, one (1) year after installation. It is not mandatory that the buffer area be installed to abut parcel boundaries. This requirement shall apply to required vehicular use landscaping adjacent to interior property lines, and shall satisfy the County's requirement(s) for such areas. I. Required Landscaping Adjacent to Vehicular Rights-of-Way: Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County's Land Development Code. J. Required Vehicular Use Area Interior Landscaping: lmerior landscaping pertaining to vehicular use areas shall be in accordance with Collier County's Land Development Code. K. Vehicular Overhang of Landscaped Areas: The front ora vehicle may overhang any landscaped area a maximum oft~vo (2) feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. CLUSTER HOUSING: Modification to the development standards provided for in this Section may be approved by Collier County's Development Services Director, or his designee, as a function of approval 3-5 12B fl 3.7 ora Site Development Plan pursuant Io the provisions of Section 2.5 of this document, and Division 3.3 of Collier County's Land Development Code for projects maintaining a common architectural theme. A project shall have a common architectural theme provided all of the following are evidenced in thc Site Development Plan application: The architectural style of all of the dwelling units/strttcturcs shall be similar in design and in the use of materials and color: The residential project shall have a signature entranceway that scrvcs to identify thc entryway to a unified plan of development. The entranccway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture, and ornamental pavement surfaces. A landscape theme throughout the entire project that enhances the unified appearance of thc project: Do Street materials, signage and lighting shall be complementary, and the same throughout the project's accessways. CLUSTER HOUSING DEVELOPMENT STANDARDS: Minimum Lot Area: The minimum lot area in any cluster housing development may be reduced to no less than three thousand (3,000) square feet for each single family residential dwelling unit. Development of cluster housing upon a single parcel or tract of land, rather than upon conventional lots, shall provide a minimum of three thousand (3,000) square feet of open space for each dwelling unit exclusive of any common open space required by this subsection. Minimum Lot Width: The minimum lot width in any cluster housing development may be reduced to no less than forty (40) feet. Maximum Lot Coverage: The maximum allowable lot coverage in any cluster housing development may not exceed sixty percent (60%). Minimum Yards: The minimum side and rear yards set forth above may be reduced by up to twenty percent (20%) of the minimum yard requirements for the residential land uses proposed. When shown and approved on a unified plan ofdevelopment, a zero lot line concept may be utilized for single family detached dwelling units, or in the case of single family attached dwelling units, a common wall concept may be employed. In either case, the remaining yard shall be equal to the sum of thc required side yards. Zero lot line cluster housing shall, in addition, conform to the following: 3-6 12B ao 1) 2) 3) 4) The zero lot line portion of the dwelling unit shall be void of doors or windows. Where non-zero lot line residential land uses exist adjacent to a side yard. a minimum three (3) foot maintenance access easement shall be provided. Roofoverhang shall be no more than thirty (30) inches over adjacent property lines, subject to the recording of a minimum three (3) foot access easement. The minimum front yard requirements may not be reduced. In no case shall the separation between principal buildings and structures be less than ten (10) feet. Common Open Space: i) All deductions in the minimum lot area, lot width and yard requirements below that which would otherwise be required shall be required to provide an equal anmunt ofcommon open space within the same phase and general area of each cluster of homes in the development. 2) Common open space shall be reserved for recreationalYsocial uses, however, utility facilities necessary to serve the development may be located in such areas. 3) Any recreational facilities subject to membership, registration, fees, or otherwise aimed at attracting users which do not have some interest in Kensington Park, shall not be counted as common open space. 4) The sale, lease, or other disposition of common open space shall be prohibited except to a non-profit corporation or homeowner's association established under the laws of Florida to administer and maintain the facilities subject to a deed restriction acceptable to the County to limit the use of said property to common open space. Provisions shall be included to assure the continued maintenance of the common open space area. 5) Access rights to common open space for all residents within the cluster development shall be guaranteed through restrictive covenants. 6) Land utilized for common open space shall be restricted to common open space in perpetuity by appropriate legal instruments satisfactory to Collier County. Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall constitute a covenant running with the land, and be in recordable form. 3-7 3.8 3.9 ATTACHED MAID/GUEST QUARTERS: Attached maid/guest qt,artcrs, with secondary kitchen facilities (i.e., kitchenettes), shall be pem~itted for no more than 380 single family detached and zero lot-linc residences, subject to the following restrictions, which shall be recorded as deed restrictions: Maid/guest quarters shall folio,,,,' the common architectural theme and be an integral part of the main residential structure. Bo Only single family detached and zero lot-line patio homes which have 2,$00 square feet or more of air conditioned living area shall be eligible to have attached maid/guest quarters. Attached maid/guest quarters shall only be occupied by the property owner, domestic employee of the property owner, or guest(s) of the property owner. Do Attached maid/guest quarters are not a separate dwelling unit and, therefore, may not be sold, leased, rented, interest transferred or conveyed in any way so as to separate said quarters from the description of the residential unit. GENERAL APPLICATION FOR SETBACKS: Generally, whenever the word setback or yard is used relative to a measurement between the buildings and a lot line and/or perimeter boundary ora parcel of land upon which buildings are to be constructed, it shall have the following application: A. Front Yard Front yards setbacks shall be measured as follows: 1) If,he parcel is served by a public right-of-way, setback is measured fi.om the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back ofcurb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Generally, principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 3-8 12B SECTION IV GOLF COURSE/RECREATION AREA 4.1 4.2 PURPOSE: Thc purpose of this Section is to set forth thc dcvclopmcnt plan and development standards for thc areas designated as Tract CR Golf Course/Recreation Area on Exhibit "B". The primary function and purpose of this Tract will bc to provide access and aesthetically pleasing open areas, passive/active recreational areas, and usc areas intended to satisfy the rcsidcnt's basic necds for a quality recrcational opportunity. Any recreational, social, administrative or maintenance facility which may be indicatcd on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and thc placement of such facilities, as may be indicated on the PUD Master Plan shall be considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, ali natural trees and other vegetation, as practicable, shall be protected and preserved. USES PERMITTED: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) 2) 3) 4) 5) 6) 7) 8) 9) Utility, water management and rights-of-way/access easements. Golf courses and golf cart paths. Structures which house social, recreational, project sales, administrative, or security facilities. Lakes/water management facilities. Signage. Open Spaces, Nature Preserves. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the common areas. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Shuffleboard course, tennis courts, fitness center, swimming pools, and other 4-1 4.3 types of facilities intended for outdoor rec:eation. 10) Commercial excavations as permitted by Collier County's excavation regulations (Collier County Land Development Code. Division 3.51. B. Accessory Uses: I) Clubhouse, pro-shop, practice driving range and other customary, accessory uses of golf courses. 2) Small establishments including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3) Customary accessory uses of structures incidental to recreational areas and/or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4) One (1) caretaker's residence. DEVELOPMENT REGULATIONS: Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. All buildings shall be setback a minimum of fil~een (15) feet from all parcel boundaries. An exception shall be granted (from 0 to a minimum of 3') in the case when an FPL easement line serves as a parcel boundary within the golf course maintenance site. Co Structures adjacent to one another shall be separated a mini. mum often (IO) feet, or one half the sum of the building heights, whichever is greater. Lighting facilities shall be arranged in a manner xvhich will protect roadways and neighboring properties from direct glare or other interference. E° A Site Development Plan in compliance with the County's development reg'ulations shall be required. F. Maximum Height: I) Principal Structure: Sixty (60) feet. 2) Accessory Structure: Forty (40) feet. 4-2 12B Ho Minimum Off-Street Parking and Loading: I) Private Golf Course: Four (4) spaces per hole. Additionally, one (1) space per 200 square feet shall be provided for office/lobby/pro-shop/health club/clubhouse/lounge/snack bar/dining/meeting room areas, of which a maximum one-third (%) of this requirement may be grassed and set aside for future parking and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Sile Development Plan at the time of approval pursuant to Division 3.3 of Collier County's Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag, and equipment storage rooms, maintenance buildings, and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation (non-golf course)/Administrative Areas: As required by Collier County's Land Development Code in effect at the time of building permit application. 3) Loading Areas: As required by Collier County's Land Development Code in effect at the time of building permit application. Landscaping and Buffering: Unless otherwise specified in this Section, landscaping shall be in accordance with the landscaping requirements of the Collier County Land Development Code in effect at the time of building permit application. All recreational areas (excluding golf course areas), recreational, administrative/social and maintenance buildings shall be buffered from abutting residential lands with a five (5) foot wide area generally parallel to the entire length of abutting residential/non-residential parcel boundaries. Said buffer shall have vegetative hedge plant material and/or fencing/wail, not to exceed six (6) feet, to achieve an 80% opaque condition, thirty-six (36) inches in height, one (I) year after installation. It is not mandatory that the buffer area be installed to abut parcel boundaries. This requirement shall apply to required vehicular use landscaping adjacent to interior property lines, and shall satisfy the County's requirement(s) for such areas. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR RIGHTS-OF-WAY: Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County's Land Development Code. 4-3 REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING: Interior landscaping pertaining lo vehicular use areas shall be in accordance with Collier County's Land Development Code. VEHICULAR OVERHANG OF LANDSCAPED AREAS: The front ora vehicle may overhang any landscaped area a maximum of two (2) feet. provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. GOLF COURSE CARETAKER'S RESIDENCE: One (1) golf course caretaker's residence shall be permitted subject to the following: i) The residence shall be constructed as an integral part of the main golf course clubhouse facility and shall be entered from within the clubhouse facility. The residence may be constructed as an integral part ora sales, fitness, or tennis center, only if it is not constructed within the clubhouse facility. 2) The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course and/or its facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Collier County's parking requirements in effect at the time ofbuilding permit application. Parking for the caretaker's residence shall be in addition to any other required parking facilities. 4-4 KENSINGTON PARK DEVELOPMENT STANDARDS TABLE I DEVELOPMENT SINGLE SINGLE 'ZERO LOT GARDEN APTS CR STANDARDS FAMILY FAMII.Y LINE TOWNItOUSES USES DETACHED ATTACtIED MINIMUM LOT/ 6,000 SF 1,000 SF .,1.000 SF NOT NOT PARCEL AREA PER LOT PER UNIT PER LOT APPLICABLE APP. SEE 3.4B.2) MINIMUM LOT 70' CORNER SAME WIDTH 40 FEET PER 100 FEET PER NOT WIDTH 60' INT. AS D~[T LOT PARCEL APP. FRONT YARD 25 FEET 20 FEET 20 FEET 25 FEET ! 5 FT. REQUIREMENT SIDE YARD 7.5 FEET '7.5 FEET 0-5 FEET '10 FEET 15 FT. REQUIREMENT REAR YARD 20 FEET 20 FEET 15 FEET *'20 FEET I:5 FT. REQUIREMENT ACCESSORY FRONT 25 FEEl' *"20 FEET 20 FEET *"25 FEET 15 FT.. SIDE 7.5 FEET 5 FEET 0-~ FEET 10 FEET 15 FT. REAR *'10 FEET "5-10 FEET '* 5-10 FEET '*!0 FEET 15FT. MINIMUM 1,000 SF I STORY 750 SF NOT FLOOR AREA 1,200 SF 2 STORY APP. DIST. BETWEEN 15 FEET 15 FEET OR % 10 FEET 15 FEET OR V2 10 FT. PR/NC. STR. SUM OF HT. SUM OF HT. MAX. BLDG. 35' PR/NC. 35' PRINC. 35' PR/NC. 35' PR/NC. 50' P. HEIGItT · 15' ACC. · 15' ACC. · 15' ACC. · 15' ACC. 40' A. NOTES: · Lot area is that area assigned to an individual dwelling unit. · Parcel area is that area assigned to an individual building which may contain more than one dwelling unit. · Lot width is the average width of the lot assigned to an individual dwelling unit. · Parcel width is the average width of the parcel assigned to an individual building which may contain more than one dwelling unit. Cluster housing development standards are set forth in Section 3.7. · Setbacks for side yards shall be measured from parcel boundaries. · * Fifteen (15) feet along the south project boundary. Where a parcel abuts a golfcourse: five (5) feet. Where a parcel abuts a lake: zero (0) feet may be allowed provided the perimeter of the lake is bulkheaded in accordance with Collier County Ordinance No. 91-102 and SFWMD rules. · ** Garage not accessed from the right-of-way may be ten (10) feet, · Pool enclosures may be twenty-five (25) feet. 4-5 5.1 $.2 SECTION V PRESERVE AREA PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract P, Preserve Area on Exhibit "B'. The primary function and purpose ofthis Tract will be to preserve and protect native flora and fauna in its natural state. USES PERMITTED: Elevated boardwalks may be constructed in the various preserve areas for the purpose of enjoyment of the natural amenities by the residents of the project, subject to recei?'~ of appropriate permits. $-1 12B 6.1 6.2 6.3 SECTION VI BUFFER AREA PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract S, Buffer Area on Exhibit "B". Tract "S", Buffer Area, is an easement intended to protect residential land uses from more intensive residential land uses, possible impacts from adjacent roadways and/or non-residential I,'md uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this document. USES PERMITTED: No structure or pan thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Pr/ncipal Uses: 1 ) Landscaped buffer; existing native plant types may be utilized and/or; 2) Eanhen berms and/or; 3) Fences/walls: Nine (9) foot maximum height. 4) Signage; neighborhood identification columns/wails. B. Accessory Uses: 1) Water, sewer and drainage facilities as required at the time of Final Construction Plan approval. DEVELOPMENT REGULATIONS: The buffer area shall not be less than ten (I0) feet in width along the north project boundary and the project boundary adjacent to the southwesterly preserve area. The buffer area shall not be less than twenty (20) feet in width along the south project boundary. All other land use buffer widths shall be in accordance with Collier County's Land Development Code. Land use buffer widths shall be measured at right angles to properly lines, ,and shall be established along the entire length of, and contiguous to, the designated projec.t boundary line. 6-1 128 Thc area shall be so dcsigncd, pl:mtcd, and maintained as to bc eighty (80) pcrccnl or more opaque between three (3) and eight (S) fcct above average ground level when viewed horizontally. Plantings used For buffering shall bc ora size an(.] type which xvill insure compliance witi~ thc eighty (80) percent opacity requirement within no longer than twelve (I 2) months of the completion date of first planting. Types and numbers of plantings for buffers shall be submitted with application for Preliminary Subdivision Plat, or Construction PI:tn and Plat rcvicw, along with plans and statements demonstrating how the buffer will be irrigated and maintained in the Thc area along the south project boundary shall be so designed, planted, and maintained as to be eighty (80) percent or more opaque between three (3) and eight (8) feet above average ground level when viewed horizontally, including trees spaced no more than thirty (30) feet on the center. Plantings used for buffering shall be of a size and type which will insure compliance with the eighty (80) percent opacity requirement within no longer than twelve (12) months of thc date of the first certificate ofoccupancy issued to a building in this area. Installation ofall materials shall be in accordance with the landscape plan submitted to the Community Development Director and completed prior to the first certificate ofoccupancy issued for any building across the southern roadway. 6-2 12B 7.1 7.4 7.3 7.2 SECTION VII D E V ELOPMENT COMM ITM ENTS PURPOSE: Thc purpose ofthis Section is to set fonh thc development commitments for thc development of thc projcc!. GENERAL: All Facilities shall be constr-ucted in strict accordance with Final Site Development Plans, Final Subdivision Plans, and all applicable State and local laws, codes and regulations applicable to this PUD in effect at the time of Building Permit approval(s). Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUT) is not to be platted. The Developer, his successor and assigns, shall be responsible for the comnnitmcnts outlined in this document. The Developer, his successor or assignee shall agree to develop in accordance with Exhibit "A", PUD Mzuster PI~, :md the regulations of the PUD as adopted, and may other conditions or modifications as may bc agreed to in the rezoning of the property. In addition, the Developer will agree to convey to any successor or assignee in title, any commitments within this agreement. PUD MASTER PLAN: Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final ,'md may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to Ihe provisions of Section 2.7.3.5 of the County's Land Development Code, amendments may be made from time to time. All necessary casements, dedications, or other instruments shall be granted to insure thc con!mued operation and maintenance of all service utilities and all common areas in thc project. SCHEDULE OF DEVEI.OPMENT: Presently, more than 50% of the project has been developed. The Developer reserves the right to dc,/elop portions of the project in a non-sequential manner as market conditions change. Platting of* the entire PUD will be required. Phases of development may include 7-1 7.5 7.6 7.7 construction of residential, social or recreational Facilities/structures, roadway or lake constnlction. ENGINEERING' The Developer and all subsequent lando,,vners arc hereby placed on notice that they ;ire required to satisfy thc requirements of all County ordinances or codes in effect prior to, or concurrent with, nny subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plat, Site Development Plans and any other application that will result in thc issuance ora final or final local development order. Work within Collier County right-of-way shall meet the requirements of (,'oilier County Right-of-Way Ordinance 82-91. EXCEPTIONS 'FO THE SUBDIVISION REGULATIONS: Land Development Code, Division 3.2.8.4.16.5, Street Right-of-Way Width: Waived to a minimum of fifty (50) Feet for the local road along Ire westerly property line, adjacent to the southerly' preserve area. 23. km~d Development Code, Division 3.2.8.4.16.5, Street Right-of-Way Width: Waive the requirement of one hundred thirty (130) feet to one hundred (100) feet for fl~e .4- lane road at enid% Land Development Code. Appendix B, Typical Street Sections and Right-of-Way Design Standards: Waive the typical roadway section to one shown on master plan, subject to having sidewalks. Land Development Code, Division 3.2.8.4.16.6, Dead-End Streets: Waive the ma:,'imum one thousand (1,000) foot length. UTILITIES: Sc',v;,ge collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance xvith Collier County Ordinance No. 88-76, as amended, and other applicable County roles and regulations. All customers connecting to the sewage collection facilities to be constructed ,,vill be customers of the County and will be billed by the County in accordance with the County's established rates. C. Prior to construction plans and plat approval, a letter from the City of Naples Water 7-2 128 7.8 Department stating that the Dcpanmcm has re,,'iewcd and approved ibc water and facilities cc, nstr'uction docurl'~Cn~s fiqr service to fl~e project shall bc submitted. Thc project's Developer(s). his assigns or successors shall negotiate an atzreement with the District for the use of treated sewage eftlucm within the project limits For irrigation purposes. The Developer v.'ould be responsible For providing all on-site piping and l'mmping facilities from the Cotmty's point of deliver),' and. if required, negotiate with tile County to provide fi:Il or partial on-site storage facilities consistent with thc ,.'olume of treated `.vaslcwatcr to be utilized. The utility construction documents for Ibc project's sewerage system shall be prepared so that all sewage flowing to the Coumy's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station ',rill not be possible. Tile Developer's engineer shall meet with the County staff prior to commencing preparation ofconstruction drawings so that all aspects of the sewerage system design can be coordinated with lhe County's sewer master plan. Thc existing off-site selvage transmission facilities of thc District must be evaluated fbr hydraulic cnpacity to se~'e this project and improved as required outside the project's bounda~7 to provide adequate capacity to transport the additional ',vastc,.vater generated without adverse impact to the existing transmission facilities. T R ,.MN S PO RTATI ON' A galchousc/securSty facility has been provided xvifl'fin the project's main entrance area(s) and located so as to not impede traffic flo,.v on Pine Ridge Road or the future I.ivingston Road right-of-way. The project access is in alignment with the existing median opening on Pine Ridge Road. The access is designed so as not to cause entering traffic to back up onto Pine Ridge Road. An ..'astbound right turn lane and arterial level street lighting on Pine Ridge Road at d~c project entrance has been provided. There is an existing traffic signal at the project entrance. Road impact fccs shall be ~ set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. All traffic control devices used shall conform with the Manual on Uniform Traffic 7-3 7.9 7.10 Control Devices as required bv Chapter 316.0747, Florida Statutes. Tile Developer shall provide a certificate of Adequate Public Facilities at the time of any Final Development Order. H. Thc Petitioner has dedicated to thc County file minimum right-of-way cascmcnt necessary tbr thc Livingston Road Extension road right-of-way. WATER MANAGEMENT: Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of thc proposed construction, in accordance with the submitted plans, is granted by Project Review Services. Fill material from lakes is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off-site subject to thc requirements of Division 3.5 of the Land Development Code. Removal of material in excess of 10% of thc total, or a maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Division 3.5 of thc Land Development Code. Landscaping shall not be placed within the water management areas unless specifically approved by Engineering Review Services. The proposed off-site ditch accepting discharge fi'om Ibc site shal! be dedicated as a drainage casement prior to construction plan approval. Thc i,~cs and wetland locations shall meet the minimum 200 feet separation criteria of' tile South Florida Water Management District (SFWMD) rules unless thc SFWMD approves an5, separation less th~ 200 feet, and written confirmation to that effect is provided to Engineering Review Services. ENVIRONMENTAL: If during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at lhe location shall be immediately stopped and Engineering Revie:v Ser','iccs notified. Development ',,,'ill be suspended lbr a sufficient length of time to enable Engineering Review Services, or a designated consultant to assess the find and determine thc proper course ofaction in regard to its salvageability. Engineering Review Services will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. 7-4 A tv.,cnty-five (25) Foot wetland buffer, minimum fifteen (15) Feet, averaging twenty- five (25) fed, shall bc provided around both isolated wetlands. A conservation easement shall be placed over the two jurisdictional wetlands including buffers, prior to final plat approval, with protective covenants as in, or similar to `section 7(.)4.06, Florida `statutes. These easements shall be platted. D. Tile project shall be maintained Free from exotic vegetation. 7.11 ACCESSORY STRUCTURES- Accessory structures may be constructed simultaneously with, or following tile construction of the principal structure. 7.12 SIGNS: All signage shall be in accordance with Division 2.5 of the County's Land Development Code in effect at the time of Site Development Plan approval, with the following exception. T,.vo (2) ground, ',,,'all or gate project identification signs may be located at each entrance to tile development subject to the following requirements: l) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material. 2) An), project identification sign(s) shall not exceed one hundred (I 00) square feet, excluding mounting surfaces(s) or structures(s). W'here signage is affixed on an integral part ora wall or fence, the face of sign(s) may protrude above the upper edge of the wall or fence but remains subject to height restrictions. 3) No project identification sign(s) shall exceed a height of eight (8) feet above thc finished ground level of the entire parcel. 4) Project identification signs may be lighted, provided all lights are shielded in a mama, er which prevents direct glare into the vision of motorists dr'lying on adjacent roadways, or into adjacent residences. One (1) ground or :',,all sign may be located along each of the Pine Ridee Road and future Livingston Roar] frontages for the purpose of promoting the development or any major use within the development, subject to the following requirements: 1) Any promotional sign(s) shall not exceed one hundred (100) square feet, 7-5 excluding moul~ting sdrfacc(s) or strtlctLlrcs(s). 2) No promotional sign(s) shall exceed a height of ich (10) Feel above tile average ground level of thc site. 3) Promotional signs may bc lighted, provided all lights arc shielded in a manner which prcvcnls direct glare inlo thc vision of motorists driving on adjacent roadxvays, or into adjacent residences. Residential directional or identification signs, no greater than six (6) square foci in size, and located intcrnaltothcdcvelopmcntshallbcpcrmitted. Such signsshall only be used to idcntif'y the location, or direction o£approvcd uses such as models or model centers, sales offices, information centers, recreation centers, or the individual components of the development. Directional or identification signs ma!ntaining a common architectural theme, may be combined into single sign(s) not to cxcccd eight (8) fcct in height, and thirty-six (36) square ['cct in area. Two (2) ground, ,,vail or gate internal project identification signs may be located at each internal entrance to a multi-family or single-family development area subject to thc following requirements: I) Such signs shall contain only the name of the development, the insignia or motto ortho development and shall not contain promotional or sales material. 2) ,^,ny internal project identification sign(s) shall not exceed one hundred (I00) :~qu:lrc fc:.:t, excluding mounting surface(s) or structu;'c(s). Where signage is affixed on an integral part ora xvall or fence, the fhce of sign(s) may protrude above Ibc upper edge of the wall or fence but remains subject to height restrictions. 3) No imcma! project identification sign(s) shall exceed a height ofeight (8) feet above tim average ground level of the site. internal project identification signs illayI be lighted, provided ail lights arc shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. 7.13 POLl_lNG PL,,\CES: Pursuant to Section 2.6.30 of thc County's Lm'~d De,.'cloptnent Code provision shall be made, for tile Ft~tt~re use of building space within common ,areas for the purposes ofaccommodating the funclion of an electoral polling place. 7-6 An agrccmcnt recorded in thc official records of thc Clerk of the Circuit Court of Collier County, which shall bc binding upon any and all successors in interest that acquire ownership of such common areas including homcowncrs associations, or tenants associations. This agreement shall provide for said community recreation/public buildin ,~public room or simil,'u' common facility to be used for a polling place if determined to be necessary by thc Supervisor of Elections. 7-7 12B 4" KENSINGTON PARt'( P.U.D. MASTER PLAN - EXHIBIT A TOTAL. 370 AC. l FOR: SWISS AMERICA KENSINGTON PARK PUD MASTER PLAN 4g S. R 2'5 E. CO~R COUh'~y. FI..~RIDA KENSINGTON PARK P.U.D. TRACT MAP - EXHIBIT B 12B TRACT TOTAL 'CR' 'eR' FOR: ocsc~,no~: -AND 'DESIGN, INC 3 1~ T 40 3, ,R ~ ~ CO~R CO~. FLORIDA (~,q ~o~ ~ (~')~ i 12B ~ N.T.S. · ~ TRUe: .& S 12 ? · ITE It AL I? U~T ~ tn~T 3t VICINITY MAP ~ples Dally News ~aples, FL 33940 Affidavit of Publication Naples Daily Hews BOARD OF COUNTY COHHLSSIONERS ATTII: tlAHCY SALOGUB PO BOX 413016 I~APLES FL 34101-3016 REFERENCE: 001230 800551 57621363 HOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve~ as the Assistant Corporate Secretary of the tlapLes Daily Hevs, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising uas published in said neuspaper on dates Listed. Affiant further says that the said ~tapLes Daily Neus is a neuspaper published at ~apLes, 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 ~iaples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and a[fiant 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 ~n the said newspaper. PUBLISHED O~l: 01/11 AD SPACE; 10~.000 INCH FILED ON: 01/12/g8 S~gnature of Affiant Suorn to and Subscribed before me this __ d.~y of Personally knoun b:' me , ' ',__ ' ~- ,. ., NOTICE OF INTENT TO CONSIDER ORDINANCE ~ ~ TUE~Ay, JANU- ARY ~7, 1~8 In m his r~ m Buildl~, Col- Ce~er, 2~01 Eo~t me B~d of C~ C~- AN ORDINANCE AMENDING ORal. NANCE NUMBE~ 91-~02, THE COUNTY LAND VELOPMENT CODE WHICH THE COMP~EHEN51~ ZONING OF COLLIER COUNTY, FLORIDA BY AMEND- lNG THE OFFICIAL flUMBERED 951]N 951]S BY CHANGING THE ]ONING CLASSIFI- PROPERTY F~OM "PgO" TO "PUD" AND ''A'' TO PLANNED UNIT VELOPMENT KNOWN AS KENSINGTON PARK, FOR PROPERTY LOCATED ON PINE RIDGE ROAD (C,R. MILE EAST OF AIR. EAST, ~OLLIER COUN. TY FLORIDA CON515. MOPE OR LFSS' ~O- VlDING FOR T~E X~E NDED THE F~- P~OVI~NO AN EFFEC- 3 I~ DATE, COM~IS~ONER5 COLLIER COUNTY, DWIGHT E, BRO~K, CLERK Depu~ ~le~ (SEAL) J~. ~ 1 No, 12B ~1-102, TiH.; 'TH,I,I~,;R COUH'I'Y I,AND DICVEI,Oi'FIICHT COl)E, ' ~'~ XO~if:i,'i f<~.;~;UI.,,',,TIO/i:; Fei': 'I'ttfC UHINCORPOI~ATEi) ,',.;.t!.l:;[,lt;(; THE :;FFiCIAL ZOHIHG ATI,AS NAPS ........'u;"':";~':F '~LiTM,, ;,,lid 9~. 13F BY CttAHG~HG TIlE Z(;;;i:?; qi./..:;::!FiCA'I'IOr! Ol" THE t!EREIH :d'l::r*.PI:~:':[~ ?E.:,.i, :'POP!(f~T':' :"I~C)~4 "t'lJf)" TO "PUl)" .... ":'..' . ... : ,¢~h,c,D LII4IT DEVEI,OPP1F. N'? FIFY.'lti ;.,1; Fi':;i/;I',t :T ::I P/'d.',K, FOR t'I.',Ot'I';I.:TY :,Oq,:,.TF:) C:: P'i,,; RIDGE ROAD (C.R. 890) APPF'OXIFiA'i'EI,'{ *-~ I';;I,g [;;AST OF AIRPORT- ~";:,i,i~ici POAD lC.P.. 31), IH SECT[OIl 'T';,?;~;Si!;P 49 SOUTtl, RANGE 25 EAST, COLLIER C()UiITY FI,ORIDA, COHS1, IIHG OF 370 ACRES [,'.OPE OP L,'iS/;; PRC)VIDItlG FOR THE REPEAi, OF F;Fi)lliA:;C.~ ~JUHBI.iR 92-25, AS At{ENDED, TIlE F.q./d4FR KEN2 I [.~(;TO['~ PARK PUD; AHD .'q¢'}VID!fi(; AN [.7FFECTIVE DATE. ~":~ :" ':"; h', i ~:} ..... .... , :.~:,i [ ,nu Ot ?hctnsfngt:on Park I'CDrn,4,,,'[ ill(: .J. 1) '~.' G,~odlq:.LO, Trustee, petitioned Zhe Board ~': Com:nissL.7,::.,::x to. ,::,.~n.:,~ t.qe ::c.r':ina ~:i,~ssifica.*:ion of t:he herein dc-sc.':ibed [:0'.'; '?~!~],'i;:-' :q.tE ?!'; i :F;2'.,i[;[']D 2Y '!'lie BOAIq[) OE' COUNT'[ COplmioS~ .... 2:'.o OF CO',.,! EF Z~)U::T :', 'Fn,. ;:u:~n,: :'i,-, ;xit [::,l~JC:i, rtl th') herein descrtbeci real [eta'::, ir; :;,-,'t ~,::~ i~ 'i'(:',.;nshif' ;q Scr4t. h, Rar,ge ,r East Collier Florida's, - ~; ~-~..,:~:~,;.-.c: f [-~rn "pL][~" LO "PUD" ar:d "A" Agriculture Lo "PUD" ?lann,:::4 :;n:: i',,,v.-,l,,pm.):~ ::: ,~ '7)rdance wi/_h the PUD Document, attached ~,rcrtip,_ ,is E:.::'.i~,'.t ".&" , v,'hi,;~i :::: {:u.'nrpc~r,~t:ed h(ZreiH anti by rer~e:ence' made SECTiO;; T?;C,: -1- SECTIO~.i TII},',EE: This ordi:~a:',ce shall become effective upon filing with the Depa[tment c~ i;t~tLe. PASSED AiID DUI,'~' Ai)OI'TED by the Board o£ County Commissioners of Collier County, E~!orirJa, this~]~x~ day of _~__, 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. P.F.O~i~, C.!e; k COLLIER COUNTY, [.'LORIDA Approved Legal Su i ' BA,r~.ARA n. BEt~Y, Ch, a i rm'_an~ Assistant CoL~r]I:':, /:t£torlley -2- KI!NSINGTON PARK A PLANNF. I) tJNIT I)EVEI.OPMF, NT PREPARED FOR: J. DUDI,I:.Y GOODLETTE. TRUSTEE PR[£PARED BY: KI!NSIN(;TON lb\RI/. D[!VEI.OPMF. NT 2700 fINE RIDC;E ROAD N,,\Pi.[!S, FI.ORIDA 34109 DATE FILED DATE REVIEWED BY CCPC 1/8/98 DATE APPROVED BY BCC 1/27/98 ORDINANCE NUMP, ER 98-8 P,I'~\;IS E[3: 9/29/97 1/27 98 EXIIIBIT "A" 'I'A[?,I.E O[: CONTL:NTS I.IST (31: I{NIIIBITS & TABI.I:.$ ................................................. I ST.,\T['~MIiNT Ot: £'OMI)I,IANCF, ............................................... I1 SE('TIt)N .2 .3 .? I PR()PI:.R]'Y O\VNI'_'RSt]IP AND I)ESCRIPT1ON ....................... I-1 l't ;RI~()S [:~ ..................................................... 1-1 I.tiGAI. DI:.SCRItq'ION ......................................... I-1 I'R()I'I!I¥I'Y ()WNI!RSIIIP ........................................ I-I St t()ICI' 'I'ITi.t( ................................................. I-I (31(,NI!RAI. I)I{NCI~,II'TION OF PROI~F.I~,TY AREA ................... 1-2 Pl I'fF, IC'A [. I)I':S('RII'TtON ....................................... I-2 P R,().i I{CT i)I{N('I-~I PTION ........................................ 1-2 SE('TI()N 2.1 2.3 2.4 2.5 2.6 2.7 2.,'-; I'R().It!('T I)I{Vt!IX)I~MI£NT . ...................................... 2-1 l't ~t{['()S[! ..................................................... 2-I (;I!Nt!RAI ...................................................... 2-1 t'RO.II-i('T PI.AN ANI) I.AND USE TI~.ACTS ......................... 2-1 ,',IAXIN1U?.I I'RO.!t-:CT I)ENSIT'f. ................................. 2-2 I'R()JI!('T ['I.AN AI'I'RO\;AI~ RI!QUIREMENTS ..................... 2-2 (il!NliR.,\l. I)I!S('RII'TION OF RESIDF~NTIAL DEVI:'I.OPMI!NT ....... 2-3 I)I{I)I(';\'I'I()N ,,\NI) blAINTt!NANCI! OF ('OMMON FA('II.ITI[:_S ...... 2-3 M O1)1:.I. 11()MI!S ............................................... 2-3 SECTION 3.1 3.2 3.3 3.4 3.5 3.7 3.9 f~,[:.SID[:.NTI:\I. Df{VFA_OI'.',IENT . ................................. 3-I I'UI~POSI! ..................................................... 3-1 MAXIMLIM I)\VI:'I.I.IN(~ UNITS .................................. 3-1 t IS F.S l'F. Rtvl ITTEI') ............................................. 3-1 t~,F. Sil)I'~NTIAL I.ANI) USE INTEGRITY. ........................... 3-2 DI{\:EIX)I'MI!NT ST:\N D.,\ RI)S ................................... 3-2 ('1,1 iSTI!R I I()USIN(i ............................................ 3-5 CI.I. iS'I'I!R l lOl JSIN(i I)IiVI{I.()I'NII!NT STANDARI)S ................ 3-6 AT'I'A('III(I) .XI.,\II') r, it I!ST QI.;,.\RTI~I>,S ........................... 3-8 (i!'iNItR.\I. ,.\I'I~I.i(',.\TION I:()R StiTIL,\('KS ........................ 3-8 SECTION 4.1 4.2 4.3 (i(.)l_t: I.'OtJle, S 15'I~, I:('I~, IL,Vt'ION ..\ RE.,\ ............................. 4- I PU R POSI'.' ..................................................... 4-I U,$ l"lS I~I~: R,¥11'I'TE D ............................................. 4-1 I)I':.V F.I.OI'M [!NT I,~ I~GLiI.ATI(')NS ................................. 4-2 4 SECTION 5.1 5.2 ~.1 SI~CTION 7.1 7.2 7.3 7.4 7.5 7.7 7.S 7 7.11 7.12 7.13 V PF, IESt£RVi} ARI!A ............................................... 5-1 IqlRPOSf! ..................................................... 5-I t ISI:.5 PI!RNIITT[!D ............................................. 5-1 VI I~[ iFI':!'~R ,,\Ri!A ................................................. 6-1 IlL ',R P()SI! ..................................................... ~ IS F2-; I'F.R MITT[:.[) ............................................. 6-1 DF. VILI.Oi)M F. NT RE(UJL,,VI'IONS ................................. 6- Vii DEVEL()I)*I[{NT COMMIT,MI~NTS ............................... 7-I I~IJRP()Sf( ..................................................... %i GI!NEP, AI ...................................................... 7-1 PLiD MAST[iR PI.AN ............................................ 7-1 SCI IL:DUi.f! OF I)I'~VI!L()I)ML:NT . ................................ 7-2 ENGINf~EI~,IN(i ................................................ 7-2 tLX('EI'TIONS TO TI IE SUIII)IVISION REGULATIONS ............... 7-2 [5TILITII'LS ..................................................... 7-3 TRANSI~OIYrATI()N ............................................ 7-3 \V,,\'I'I~R ~I..\N,,\(iI!,X, II!NT . ....................................... 7-4 t!NVIRONMI!NTAI .............................................. 7-5 A('('IiSSORY STR1K'T[ ll¢,l'iS ..................................... 7-5 SIGNS ........................................................ 7-5 I)()I.I.ING I'I.A('I!S .............................................. 7-7 I.IST OF F. NtliBITS & TABLES T.,\BI.F. I tIP, IT ,,\ ItXIIII~IT A-I I!XIIII?,IT t~ I!XtlIBIT (' I{XIIIBIT l) ItXtlIBITE D :\. l:l,()l MI:N I STANDARDS 4-5 PI.ANNI!D UNIT DIiVI'~LOI~MIZNT MAS'I'F-I~, Pl..AN (Pi'qYarcd bv ?vlcA111v ILn~ii~ccriug and l)csign, .'-;()UTI II{RN I~OUNI)ARY £'ON('I!I'TLI,,\I. SI'I'E I'LAN ( Prepared by Coastal Engi nccring ( 'onsu It;mls. 111¢. ) I I./\NNI'.I) I INI'I' I)I!VI!I.()PMI!NT TI,?,..\(.'T M,'\I~ VI('INITY MAP \Vt!i.I.INGTON I)I.,,\('E - PI IASI£ ON 1'.', TRACT "E" (10 buiklings) Architccttu'al Rendering I.,,\NI)S(',,\PE PLAN (.I. Roland Licber) 4 ~'[',VI [{.MI{NT ()l: C()MPLt.,\N('E 'l'l~c ,JcvdoPmcnt of ;IPl','oxirn;.~lcty .~Tll ;v,.'rc.'-:, ~1' Prnpcr~y in ('oilier ("om'dy, a.s a Pkmncd [;nil Dcvcjoprr~cut lo bc known as Kcnsin~lon I':u'k will hc in comPii:mcc xvifl~ thc Phmnin~ ?als and regulations. :md ;q~plic:tblc cnmprchcnsivc plutming oI~ cctix'cs tbr thc tbllowing re:tsons: I) 'l'hc .sub.itel I*~l'opctl'L.V is withim~ Iht [h'h:m I,~c:ddcnli:tl l.uml l!sc l)esigrmlion :ts idcnlilicd ~m Ibc ["tilt. IfC I.;md ('sc .X,l;q'~ a.'-; required in ()hjcclivc I, l'olicv 5.1 and lh~licv 5.3 ~l'lhc I:~llllrc I.;m~l I:xc t!lcmci~l. 2) Thc suh.jcct property's Iocali(m in rchJlion m cxislin~ or proposed community lhciliticx ;md .scrvicc~ pcrmils Iht dcvclopmcltt's rcsidcnlial dcnxily as required in ()h. icctivc 2 ot'lhc I:uturc I.:md I~'sc F. Icmcnl. Thc Im~poscd rcxidcnti;t] density o1' 1.6 dwdlinM units per ~mss ucrc is less titan thut dc!lncd hv thc [)cnsilv Rulin~ System in Iht Futm'c l.;m(l Usc l{Jcmcnl, l'olicv 5. I cqunl to, or less limn th:ti tlcl]ncd by thc Dcnsilv Ralmg ~vslcm. 4) Thc project dcvdo?iucul is comp;~lil'dc and coml'~lcmcl~tury to cxisling and fulure sut'~'oumiin~ luml uses ;~s required in Policy 5.4 ol'lhc Fulurc I.:md Usc F. IcmcnL Thc pro. joel's dcx'ClOlm~Cnt ~ ill ;tdhcrc Io Iht I~l'ovisitms oI' Collier ('oumv's l.and I)cx'ClUlm~Cnt ('ode :m scl Ibrth in ()h. jccli','c 3 oI'Ihc t:ulurc l,and Ijsc Element. Thc pi'o. jccl dcvclopmcl~t x,,ill result in am cl'llcicnt and cconornical cxlcr~sion of community Ihcililics ',md scrx'iccs as required in Policies 3.1.11 :md l. of Iht Furore I.:md I~;,sc I!lcmcm. 7} Thc pt'qjcct tlcvcloprrlcrll will illCOrporalc llilltll'il] .SV,SICIllS t'Ol' v,';.ilcr rnan;.~gc,lcnl ill :lccord;mcc with their n:,ural l\mclions and cap;d'~ilitics ;ts ,scl Forlh in ()rdhlamcc 911-II1 and ('oilier (.'ounlv's l..:uld Dc\'c]OplllClll ('ode ;.IS required hv Ohjcclivc I..¢ ot'lhc i)l'~titmSc .%uh-t!lcn~cnl of'thc Public Facilities l!lcmcrd. 11 1.2 1.3 1.4 S F.('TION I PROI'I!I~.'I"f OWNERSHIP AND DESCRIPTION P~ iRPC)SF.: Thc purpose nfthis .%cclion is to s, ct li~rlh thc lucation and uwnurship ufthc pml~crLy, and to describe thc existing cemditions ¢3l'lhe properly prolmSCd m he developed raider Ibc project 11;1IllU o1' Kcnstn~lon Park I'LiD. l.l~G,,\ 1. I)ILS' ('f~,I IWION· Thc subject prol')crty hcing al~proximatcly 37t') acrcs, is described as a i',arccl of land located itl S;cctior~ 13, Toxvnshil'~ 49 South, Range 25 East, Collier ('ounty. Florida. rnore particularly dc'.;cribcd as follows: ('ommcncing at the Northeast corner of Section 13, Township 49 South. Range 25 East. Coil:ct Cntmtv. Florida and run Norlh 89% 1'46" West along the Northerly linc of said Section 13 Ibr 13R4.7g I~ct: thence run South ()0°2g'14'' West for 75.00 feet lo thc intersection wifl~ the Somhcrly Right-of-Way line of County Road 896 (Pine Ridge Road) lo thc POINT OF BEGINNING: thcncc run south 00022'59'' East for 1241.64 Feet: thence run South $9'23'53" Eust I~r S73.00 t}cl: thence rrm South O0°15'37" East for 1327.03 feet: lhcncc run 5troth 0()°()9'47' East lbr 73.36 t~cl; thence run Norlh 89°50'I 3" East tbr 390.00 l'ect: thence run South 0(1°0g'47'' East For 540.00 l~cl; thence run South 89°50'13" West 39000 IDol: thence run South ()O°09'47'' Easl tbr 2016.60 I~cl to tho intersection with tho 5oulhcrlv linc ofsuid Section 13: thence run No~h 88056'26.' Wcst Ibr 2922.26 I~ct; thence run North O0°34'5 I" West Ibr 2623.27 IDol; thence run No~qh 8{? 14'12" West IBr 689.41 I~ct: thence run North ()O°3S'5Y' W'csl Ibr 2543.9S I~ct to thc intersection with thc albrcmentioned 5oulhcrly Right-of-Way line: thence run gouth 89032'39" East along said Right-ol~Way 13S4.73 IL'et: fl~cncc run South S9°31'~6'' East Ibr 1387.00 to Iht Point oFBcginning, subject to casements, restrictions ami reservations of record, containing 370.16 acres, more or less. I)ROPt:RTY O\\'N F,I~,St liP: Thc stxhjcct 1)ropcrty is cm'rcntlv under thc owncrshil) of J. Dudley Goodlette, as Trustee. Sl IORT TITle[:.: This etd:mince shall tlc known and cited its tile "Kensington Park Planned Unit Development Qrdinancc." I-I 1.7 Thc projec~ si~c is Io,.'u~cd in .%cclion 13. Township 49 Somh, Runic 2S Easl. FtnM~crtnorc, thc subject property is localcd soulh el'Pine Ridge Road. upproximalcly 1,4 mile casl oFIhc imcrscclion ol',.Xirport-l'ulling l~o'ad and Pine Ridge Road (See Vicinity Map. Exhibit C'). Thc zoning clussilic;dicm o1' thc sub cot properly is PUD - Planrmd Unit l)cx'clol~mcl~l. PI th'Sl(',,\l. DI!S£'I~IPTI()N: Thc pro. jcct site is Iocmcd at[jaccm and to thc south oF Pine Ridge Road, uml approxinlatcly 1/4 mile cast of'/Xirport-I'ulling Road. Thc pro. icct site lies in thc wibulary drainage basin el'tile [)12 (I-75) ('anal tril~utarv el'Ibc (;oldcn Gale Canal System, with ullimalc outfidl into Naplcs})avviathc(-hwdon River. I~xistin~clcvationsrangc fi'om~6.4to*14N.G.V.D. Thc water management system scrx'ing Kensington Park PUD consists ol'51 acres of lakes m~d 20 'acres el'preserve ;u'cas which r'cccivc :iii rkmolT fi'om thc residential areas, roads, and t~atural areas, l(tmolT is collected From thc roads mid rcsidcnlial areas by catch basin and culvert syslcms. I{mloFl' Fr'om ht~l'l~r ami naltu-al areas is directed over grassed areas lo catch hasi~ and culvert systems ['or conveyance lo thc preserve re'cas and lake system. Thc soils ibund within thc project bour~darics include prcdornilmi~tly ltolopaw tine sand. Pincda fine sand. limestone substr:ttum, and }talamlulc fine s'and, with minor areas oF Malabar linc sand, Boca. Rix'iota, limestone subslraltlm ails Copclalld lil]C sand dcprcssional and Urban Land in thc northerly areas oFlhc site. Soil characteristics were derived From thc Soil Survey of ('oilier County, Florida, issued by thc U.S. Soils Conservation Service in I~R(),IE('~. D[!SCRIPTION: The Kensington Park Pt lT) shall be a singlc/mulli-I)m~ily rcsidcnlial development with diverse recreational amenity Ol,pOtlUnitics. Thc amenities include, but are not limited to. an 18-hole gc,~l' course, tennis courts, and related support ffacilitics, structures designed Io i, rovictc social and recreational space, lakes, natural and landscaped open spaces, nnd a v;trictv oFtmttloor recreational opportu]~itics. Each individual singlc-Jkl:nily lot :md each multi-lkm]ily parcel will be scrvctt l~y public utilities it~cluding pot;d~le water, sanitary sewer m~d clcclricily. Also, udtlilional sen'ices will 2.3 ,"; I!('TION II I'R().II:('T t'I,; l,t I'().',.; t!: dcvcl~pmcnl, thc rcspu, clivc ImM uses of'Ibc It';~cls ami dcvch~pmcnl col, as well ;m Ibc pr~iccl crilcria l~r Kcnsin~l~m I~aT'k. (iI!NI!R,,\I.: I'~i' dcvcl,~u~lncnl ',~1' kcnsir~lor~ Park PUl) shall bc in uccordancc Widl ~1' Ihis d~cumcnl, l)t ]l)-l~l',mncd 1 ]nil l)cvu'kHmJcnl I)istrict and olJlcr sect,ms and parts ol'lhc ('ollicr ('ounly Ixlmt i)cx'clopn~cnl ('ode in cl'l~ct buildingpcrmitapplicmion. Whcrcthcscrcgulalionslt~iltoprovidc dcvclopmcnt:d standards, then thc provisions of'thc most similar district in thc l~and I:nlcss otherwise ;~oted. thc dclSnitions ol'all tm-ms slmll bc thc same as thc tlcl]:lhions scl l't~rlh in ('oilier ('ounty l.and l)evclopnlCnl ('ode in cfTcct at tile lime {~rht:ilding i'~crmit apF~lic:~ticm. :XI1 ctmclitions impt~scd uml all graphic malcri:d presented depicting restrictions liar I]lc development o1' Kensington Park P[ H) shall become p:u't ol'lhc regulations which ?vcrn Ibc m:mncr in which thc Pt)l) site may be developed. }). t :nlcss spccilic',dly xx mx.ed thi'ou~J~ :lnv variance or xvaivcr prtwisions from any other this l'[ ii) will rcm;fin in Full I~i'cc ;md clTc¢l. Dcxcl,~pment pcrmillcd by thc approval of ibis petition will bc subject to a concurrcncv review umlcr l{lc provisions o{' I{lc [)iv{sion 3.{5. :[dcqualc Ptlblic {:'aci{ilics o{'ibc ('o{{}cr C'ountv l.;uld Dcvc{o{~mcni ('ode. at l}lc cur{icsl or ncxt Io occur o~'cilhcr I"ina{ SI)P :H,prov',d, lin;il plal :H~prox':d. or building l~crmit issuance I'I*,().IH('T I>I...\N ,,\NI) I.,.\ND LISP: TI~,.,\("F%: Thc pro col Nlaslcr {~]:m. including I',~youl ol*strccts ;md general depiction ol'huid usc. is iiluslr;ttctl gr;H~hicitlly hv l[xhihit ",,X". PIJI) Maslcr l'hm. Thc project Trucl Nlap idcnti lies approxi;n:~tc ;icrcagc and land Hsc oJ' thc vm'i~us trilcls illld dCVCJOpl]lClll parccI~, ami i~ ilIim{r',.cd ?,H~hically Iw I'~xhibh "W'. PI "I) 'Fracl Map. Thcrc shall ~cncral conli?ration ol'xvhich is also illustrated by Exhibit "A". Minor modilication 'all trac~s, lakes or other boundaries may be permilled al the lime of Prclimina~' I:imfl Nubdivision Plat or Site Development Plan approval, subject Io the TRA(TT ",,V' TR..\CT "('R" TRACT "p" TRA('T T Y P !'~ U N ITS A C R E A (; E ± Residential 57() 12O ('ommons/Rccrcation Area () 223 I'rcscrvc () 20 l~,u I'l'cr {) 7 2.4 2.5 Areas illustrated as lakes by ['~xhibit "A" shall be constructed lakes or. upon apprtwa}, p:u'ts IhcrcoF may bo constructed as shallow, dry depressions lbr water dclcnlion pt~rposcs. Such al'cas, lakes and dry areas shall bo in the same general conll<uration, and contain Ibc SillllC ~CllCl'ill ilCFOa"C lis showI1 bv Exhibit "A". addition to Iht various zu'cas and specific items shown in [(xhibil "B". such c;~sclncnts as llcccsSill'V (utility, private, semi-public. COllllllOll USC. etC.) will be established wilhin or along thc X'al'iOtm tracts as nlay be t~cccssarv. M:\XIMUNI Pt~.O.IECT DEN$IT't" ,,\ maxirntm~ oF57()rcsitlcntial dwelling units, single and multi-l)mfily, lllav be constructcd in Iht tolal project area. The gross project area is al~proximatcly 370 acres. Thc gross project density, thcrclYrc, is a maximtxm of 1.6 unils per acre. PRO.It{CT PI.AN AI~I~RO\;/\[. P,F. QUIP, F. MENTS: Prior Io thc recording oFa Subdivision Plat. and/or Condominiun~ PI:tl Ibr all or pan of thc l't ID. final i,lans oFall required iml, rovcmcnts shall receive approval ol'thc aplWOl,riatc ('ollicr Cotmty governmental agency to insure compliance with the PUD Master Plan. thc ('ounlv [.and Development Code and thc platting laws ol'thc State oF [:lorida. lixhibil ",.V'. PIJD Master l~l;m, ccmstitutcs thc required PtJD DcvcloplnCnt Plan. 5uhscqucnt m. or omcurrcnl wilh PUI) aplWOVal, a I'rcliminarv SuhdMsion Plal. il' atqWicablc, shall bc submitted Ibr thc entire area covered hv Ibc PUD Master Plan. Any division of property and thc development ot'thc land shall be in compliance with Ibc Cutmnty l.:md l)cvclopmcnt ('ode, and thc platting laws ol'thc grate ol' Florida. 2-2 2.(~ 2.7 2.8 The i'~rovisions ot' I)ivision 3.3 ,~l'lhc Collicr County Laml Dcvclopmcnl ('ode. whcn applic;ihlc, sh;lll apply h~ I11c dcvclolm~Cnl of'all plallcd Ii'acls, OF parcels of land provided in said Division prior Io file issuance oF a building permit or olhcr tlcvcJopmcnt I). Thc tlcvclopn~cnl o1' anv tracl or parcel approved ['tlr residential dc','cloprner~l coiHcmplating I('c simple ownership o1' laid lbr each dwelling unit shall bc required Io submit ami receive aplWoval of a Ih'climinary Nubdivision Plat in conlbrmance with thc rcquircmcnls oF Division 3.2 el'thc Collier C'otmty I.mld Dcvdopmctal ('ode or prior to thc submittal ofconslruction plans and plat fi~r any portion of thc tract or pared. AI¥~ropFi:TlC insll'umcnts will bc i'~rtwitlcd al Iht lime el' inli'astruclural improvcmer~ts regarding any dedicaticms illld method tbr providing l'~¢rpetual mainlermrlc¢ oF common fi~cililics. GENEIO\I. I)I:.SCRIPTION OF RESIDF. NTIAL DF_VEI.OPMENT: Areas designated Ibr residential land uses on Exhibi! "/V' arc designed to accommodate a Full range oF residential dwelling types and cuslomary accessory uses. .,\pproximalc acreage oFall Fcsidcntial Iracls have been imlicatcd on Exhibit "A", and Exhibit 'q~". in order to indicate relative size ai~d distribution el'thc residential uses. These acreages arc based on col~ccptual designs aid must be considered lo be approxinmtc. Actual acrcagcs. conlSgm'ations alld densities oF development lI';lcls will bo provided at the lime o[' development plan apprtwal in accordance with Section 2.5. I)I'EDI(':VI'ION AND MAINTEN,ANCI! OF ('OMMON FACII.ITIF~S: lZascments shall t',c provided Ibr v.'amr marlagemeFlt areas, righls-olLway, utililies and other ptH-posc:; :is required. All necessary cascmcds, dedications, or olhcr inslrtm~cnts shall be granted lo insure Iht continued operation and mainlcn;mcc oF ail service utilities in compliance xvilh 'applicable regulations in cl'lbcl at the time el'adoption oF this OFdinance cslablishiHg the Kensington Park PUD. ,,\ property owners' organizalion shall be created and shall bc assigned rcspormibilily operation, mainlcnancc and management et'all commonly owned lands, lhcilities and waters within tile project. MOl)Iii. I IOMI:.S: more than flu'cc "I0t'.,,, Models" may be construclcd prior to recording o1' a plat for the pro. joel iFaF¥~licd Ibr bv lhe project oWneF. Site(s) Ibr tile model(s) must conlbrm to zoning 2-3 "Salon ('cl~tcr" ,Hay I~c constructed Drior lo recording o{'a pi:il. The "Sales ('cl~tcr," which also t~c a model, shall be limited lo ol~c slrt~cttlrC (fmc I~t~iltli~,g permit). serviced by :t tcmDor;u'y t~tilitv svslcm (i.c.. tl~'y well and septic I;n~k/dr;d~l]cld) prior ;,vuil',d~ililv ofcc;nral utility syslcms nt which time connection Io the ccnlr;tl system will be {~cx'ic~v ~u~d ;q~Droval off thc "Sales ('oilier" shall Ii~llow II~c rcquiremc~Is of thc Nile I)cvclopmc~ Pla~ process (('oilier ('otmt>' [.a~d DcvelopmcHt ('ode. Division 3.3)...X moles ;md b(~t~i]ds leg;il description1 s{~ll be provided ns part of Ihe ~q~pl{catioH. ,,Xcccss to the "%ales ('c~tcr" ~d~a{I be Drox'idcd by :~ Dared road or tcmDorar>' driveway which meels ('O[llllV st:n~tlards..,X writer lll~lllilgCillC{l[ plaml lllllSl bC provided which [ICCOllllllodiilCS thc ~'tH~ol'J' 1¥O111 I]lC "%:iJCS ('(lit(r," tile rctlt~il'cd i];,'km5 :md access road/(h'ivcway illld Lilly other i,~pcr,'io,,s st,r~}iccs. 'l'}~c system shall bc dcsig~cd to {]t in wilh Ibc master wilier :\t Ih( lil~:c off btlildiHg pcrmi! ;tDiMicalio~ li~' a '~Snlcs Uccel(r." a 'l'cmp,)rnr>' [~sc Permit sl~all l>c ol~tail~cd. "Sales CcHtcFs" m:~v tlol be occuDicd tmtil a Ccrlil]calc ot'Occtip:mcy is issHcd. Models must ol,tai~ a coHtlilio~nl (_*crlillcale of Occupa~cy tbr model puq*oscs o~15'. Models n]:t>' Hot l>c occtlpicd tH]iii ;~ l>Crm:mc~t CcrtilScntc ot'()cctll~mc5' is issued. 2-4 SECTION Ill R F. Si DIENT1,.\[. DF. VELOPM ENT 3,1 3.2 3.3 PUR PO,% F.: The purpose of this .'qtzclim~ is m identify specific dc,,'ClOlm~Cnl stamlards for areas proposcd m be developed x,.,itl~ residential land uses. MAXINI[JNI I)WEI.I.IN(-} tJNI'I'S: The maximum numhcr of residential dwelling units allowed wilhin thc PUD shall be established at thc time ofdcv¢loplnOnt plan reviev,', ['}tit shall 11oi exceed 570 dwelling units. USES P[£RMITTED: No building or structure, or part thcreol: shall be altcrcd or used, or hind used, in v,,holc or part. for other than lh¢ Ibllowing: A. Princip:~l [;scs: I} .%ingle fim~ilv detached and attached, ×cro lot linc. Attachcdsingle flintily dwellings shall hcnccllwlh be defined as no more limn eight (8) residential dwelling units which arc structurally intcgralcd and which may have a C0111111011 r(>Ol]illC. 2) Toxvnhouscs iu'~d garden apaIlr~cnls, Garden apamncnts shall hencctbnh be dclincd as a single structure containing more than three dwelling units, which docs not have ussi?cd ol%strcct parking fiJcilitics strucltmfllv attached lo each individual dwclling mill. 3) Modd t lomcs (Sec Section 2.8 of'this PUD doctuncnl). 4) Cluslor I louMng: On a tmificd plan of dovclopnlcIlt, some dcvclopmcn! standards scl lbrlh in Ibis Section may be reduced provided a common a~chilccmral thorne is tbllowcd. Sec Section 3.6. B. .,\cccssor': Uses: 1) ('ustomarv accessory uses and struclurcs includhlg but not limited to pr{vale garages, tennis facilities and swimmil~g pools with or without screened CI1C ]OStlI'CS. 3-1 3.4 3.5 2) ,,\cccs:;ory uses and slructurcs customary in mullipl¢ f'amilv rosidcnlial pro.loots, h,,cluding pri:'al¢ garages, recreational buildirLgs, equipment and ;msociatcd Facilities. 3) Utility Facilities and. or casements (including rights-of-way cascmcntsL 4) .%ignagc. 5) Pro,itel s;JlCS and adlninislrativc ~l'lSccs, which may ~ccur in rcsidcmial or rccrcalional buildings. \Vmcr n'~:m.ttgcll'm'lll I'ucililics/lakcs. 7) C'ommcrcial excavations as provided For by Collier C7ounty's excavation rcguh~tions ((Mllicr County [.and Dcvclopnacnl ('ode. Division 3.5). RI!SIDIENTIA[. l./',Nl) (.,'SI! Thc mixing ¢~['singlc l'andlv tlctachcd housing units with any other [brm of multiple Iim~ilv housing slructtH'cs shall nt~t bc permitted within thc sil1110 platted tract of land where platted tracts exist, or on lots platlcd l~w thc expressed ptHl~OSC ol'accommodating the placement o1' a single i~m~ily dclachcd housing unit. DI{\"[:. I.OP,\I liNT ST,'\NDARDS: ,:\. Gcncral: l!xccpt v,'l~cr¢ holed, all crilcria listed helow shall hc understood lo be in rclalion lo individual parcel or lot bound',u'v lines or between buildings. Setback/yard requirements scl Ibrth below shall not upply Io interior phase boundaries nor interior cond,~minium/J~omcowHcrs association(s) boundaries. 1~,. Nlii~imt]m l.ol or Parcel .,\rca: l.c,l ar,la is th:il ',lrca assigned to ;m imtividtml dwelling tlnit. Parcel area is tl'ml area assigned ~o an indix'iduul huilding which may contain more than one dv.'¢lling unit. 1) h:ingle family detached: 6.1}00 square Feet per lot. 2) Altachcd single family lot: 1,¢)00 square feet lb:' single slory units: 1.200 square l~'cl J~)r Iwo (2) S[Ol'y units, tlowcver, each dwelling uHit shall have a gross area relationship within a unified plan ot'dcvclopmcnl so that no loss than 2.500 square l~ct ol'parcel area is attributable Io each dwelling unit in addition 1o ally ill'ell covered by a dwelling structure. 3-2 D. 3) Zcro lot-linc: 4,000 scl,arc fcct per lot. Nlinimum Lot/Parcel Width: l,ot width is thc avcr;me width of thc lot ' ' ~ assigned lo an individual dxvclling trait. Parcel width is Ibc average width or thc parcel assigned to an individual buikting which may contain more titan one dwelling unit. 1) Singlc lhmily dctachcd rcsidcnccs: a) Corner Lots: Scvcnly (70) fcct. b) Inlcrior Lots: Sixty (60) Feet. Single fitmily attached rcsidcnccs: Lot width may be thc same width as thc individual single Family dwelling unit. Parccl width shall bc determined at thc lime offdcvelopmcnt plan review. 3) Zero lot linc and patio homcs: Forty (40) fcct pcr lot. 4) Townhouscs and gardcn apartmcnts: One hundrcd (I 00) fcct pcr parccl. N'linimum Yard Rcqtfircmcnts: I ) Singlc fhmily, dctachcd: 2) Front yard: Txvcnty-I%'c (25) fcct. Side yard: Seven and one half'(7.5) feet. Rcar yard: Twcnly (20) fcct.* Rcar yard -acccssory structttrc: Tcn( 1 O) fcct.* Single fitmily, attachcd: Sctbacks for sidc yards shall be measured from parccl botmdarics. A minimum dist:mcc of lifiecn (I 5) rcct, or one-hal f(Y2) tl~c sum of thc heights of adjacent residential buildings, whichcvcr is greatcr, shall be maintained bctwccn structures. Front yard: Twcnly (20) Vcct. Sidc yard: Seven and one-half(7.5) I~ct. Rcar yard: Twcnly (20)lkct.* Rear yard - acccsso~ slructurc: Fivc (5) Foci.* 12B 4 3-3 [7. 3) Zero lot-line: l:ron! yard: 'l'wcnly (20) foci, Side yard: Zero Io live (0-5) fcct on Ihe zero Io! linc side; a rooFovcrhmlg not to exceed lhi~ly (30) inches shall he allowed, subject to Ihc recording ora lhrcc (3) Foot access casement, Rear yard: Fifteen (15) Foci,* Minimum distance l~ctwcc~l principal and accessory structures: Tell (I O) Feet. Rear and side yard - accessory struclt:rc: Five (5) Feet.* 4) ']'own]~ouscs and garden :tparlmcnts: A distance of fifteen (15) feet, or one-half ('/2) the sum of thc heights of mljaccnt structures, whichever is grealcr, shall be maintained between slructurcs. Irront yard: Twenty-five (25) Feel. Si(Ic y:lr(l: Ten (10) Fcct from parcel botmdarics. Rear yard: Twenty (20) fl.'ct,* Rear yard - :tcccssory structure: 'Fen ( 1 O) £cct.* *Rear Yard: Fi ficcn (15) foci nlong the soulh project botm(l:try. \Vhcrc a goll'coursc: zero (0) t~cl. Where a parcel abuts a lake: zcro (0) Feet may be allowed provided thc perimeter ol'thc lake is bttlkhcatlcd in accortlancc with Collier County Ordinance No. 91-102 and S FWMD rules. Minimun~ Vloor Area: I ) One Story Single Family Structures: One Thot~sand (1,000) square l'cct. 2) Two Story Single Family Structures: One Thottsand Two l lundred (1.200) square t'cct, 3) Zownhouscs and garden ;.tt'~arlmcllts: Seven htmdrcd-fifty (751')) square feet. O£F-Strcct Parking and Loading Rcqtfircmcnls: ,,\s required hy Collier County l.and Development ("ode in cl'f'cct at thc time of buiklin.g pcrnfit al~plication. M;iximtm~ lqciglll: I) GolfClul~hottsc Tract - maximum fifty (50) feet. 2) All olher Principal Structures - thirty-five (35) feet from finished floor ¢Icx'ation. 3-4 3.6 12B Accessory Structure - fi ftccn (15) £cct, except pool enclosures which may be twenty-five (25) Feet from ground level. Golf Course/Recreation Area - maximum forly (40) fcct. 4) Along the southern l'mtmdary, multi-fimaily units shall be limited to thi~y- Five (35) fcct in height. I'l. Lal'~dscaping and Buffering: Unless otr~crwis¢ spcci fled in lifts Section, landscaping shall be in accordance wilh Collier County's landscaping requirements in effect at the time of building pemfit application. All multi-flintily land uses shall bo buffered from abulting single Family type residential land uses with a five (5) Foot wide area generally parallel to Ille entire length of abutting single flintily type property boundaries. Said buffer shall have vcgctalivc hedge plant material and/or fencing/wall, not to exceed six (6) feet, to achieve an S0% opaque condition, thi~y-six (36) inches in height, one ( I ) year after installation. It is not mandatory thai the buffer area be installed to abut parcel boundaries. This requirement shall apply to required vehicular usc landscaping adjacent lo imcrior property lines, and shall satisfy lite County's requirement(s) for such areas. I. Rcqtdrcd Landscaping Ac[jacent lo Vehicular Rights-oSWay: Landscaping adjacent to vehicular rights-of-way shall bc in accordance with Collier Cotlltly's L,'md Development Code. J. Rcquircd Vchicular Usc Area lnlcrior Landscaping: Interior landscaping pertaining to vehicular use areas shall bc in accordance v,'ith Collier Cotmly's Land Development Code. K. Vehicular Overhang or l.andscapcd Areas: Thc front ora vehicle may overhang any landscaped area a maximum of two (2) feet, provided lhe landscaped area is protected by motor vehicle wheel stops or curbing. Two fcct of such landscaped area or walkway may be part of the required depth of each abutting parking space. CLUSTER tlOUSING: Modi fication to the development standards proviclcd for in this Scclion may be approved by Collier County's Dcvclopmcnl Sen'ices Director, or his designee, as a Functior~ of approval 3-5 12B 4 3.7 of a Site Development Plan pursuant to the provisions oF Section 2.5 oF this documcnl, and Division 3.3 oF Collier County's Land Development Code For projects maintaining a common arclfitecmral theme. A project shall have a common architectural tlmme provided all ottlnc following are evidenced in tim Site Development Plan application: Tile architectural style of all of tile dwelling units/structures shall I'm similar in design and in thc use ofmalcrials and color: Thc rcsidcmial project shall havc a signature cntranccway tlmt scrvcs to idcnti Fy thc cntryway Io a unified plan of development. Thc cnlranccway design and improvement clements shall include some or all of thc Following: thc usc of hmdscapc materials, gated structure, water fcalurcs, sculpture, and ornamental pavCmCllt surfaces. A landscape thcmc lhrouglmut thc entire project that enhances tilt uni fled appearance of tilt project: Slrcct materials, signagc and lighting shall be complcmcnla~' and tlnc samc througlnout thc project's acccssways. CLUSTER I tOUSING I)EV[:LOPMENT STANDARDS: Minimum Lot Area: Thc minimum lot area in any cluster housing dcvcloprncnt may be reduced lo no less than three thousand (3,000) square Feet For each single family residential dwelling unit. Development of cluster housing upon a single parcel or tract oF land, rather than upon conventional lots, shall provide a minimum of three thousand (3,000} square fcct of open space for cach (hvclling unit cxclusivc of any common open spacc required by this subscction. Minimum Lot Width: The minimum lot width in ;tlny clustcr Inousing dcvclopmcnt may bc reduced to Ilo less than forty (40) fcct. Maximum Lot Coverage: Tilt maximum allowable lot coverage in any cluster housing development may not cxcccd sixty percent (60%). D. Minimum Yards: Thc minimum side and rcar yards sci forth abovc may bc rcduccd hy up to twenty pcrccnt [_u,, j ofll~c minimum yard rcquircmcnts for thc residential land uses proposed. \Vhcn shown and approved on a unified plan of development, a zero lot linc concept may be utilized For single family detached dwelling units, or in thc case of single flintily attached dwelling units, a common wall concept may be employed. In either case, Ibc remaining yard shall be equal lo lhe sum of thc required side yards. Zero lot linc cluster housing shall, in addition, conform lo Iht following: 3-6 I) 2) 3) Thc zcro lot linc portion of Ihc dwclling unit shall bc void of doors or willdows. Where non-zero lot linc residential land uses exist adjacent to a side yard. a minimum three (3) root maintenance access easement shall be provided. P, oof'ovcrhaug shall be no more than thirty (30) inches over adjacent properly lines, subject to the recording ora minimum three (3) foot access casement. 4) Thc minimum front yard rcquircmcnts may not bc reduced. 5) In no case shall Ihe scp:,ration between princirml buildings :md structures be less than ten ( I 0) feet. CoIlll.tlOll Ol')(21.t Space: 1) 2) 3) 4) All dcductions in the minimum lot area, lot width and yard requirements below lhut which would othcnvise be required shall be required to provide an equal amount oFcommon open space within the same phase and general area of each cluster of homes in thc development. 6) Common open space shall be reserved for recreational/social uses, however, utility rucilities necessary to serve Ihe dcvclopmer~t may be located in such ilFCilS. Any rccrealional facilities subject to membership, ,'egistration, fees. or otherwise aimed at attracting users which do no! have some interest in Kcnsinb, ton Park, shall not be counted as common open space. Tile sale, lease, or olher clisposition of common open space shall be prohibited except to a non-profit coq}oration or homeowner's association established under the laws of Florida to administer and malnlain thc facilities st,b. iect to a deed reslriction acceptable to the County to limit tile use o£said property to eollllllOll open space. Provisions shall be included to assure the continued maintenance ortho COmlllOll opcll space area. Access rights to common open si)ncc for all residents within tile clusler development shull be guaranteed through restrictive covenants. Land utilized rot commoll opcll spt.tee shall be restricted Io common open space in pcrl)ctuity by appropriate legal instruments salisractoW to Collier County. $uch instrument shall be binding upon thc owner, developer, his successors, lind assigns, and shall constitute a covenant running with the land, and bc in rccordable Form. 3-7 3.g 3.9 ATTACI IED MAID/GUEST QUARTERS: Atlachcd maid/gues! quarters, wilh secomlary kilchen Facililies (i.e.. kilchcn¢ltes), shall be permitted For no more limn 380 single family detached and zero lot-line residences, subject to the following restrictions, which shall be recorded as deed restrictions: A. Maid/guest quarlcrs si~all Follow the common archilccmral theme and be m~ integral parl of the main residential slruclure. B. Only single flintily delached and zero lot-line patio homes which have 2,500 square f~ct or more of air comlidoned living area shall bo eligible lo have nllachod maid/guest qua~ers. C. Allached maid/guesl qua~ers shall only be occupied by thc propc~y owner, domestic employee of the property owner, or guest(s) of the property owner. D. Attached maid,'guest qumqers arc not a separate dwclling unit and, lhcrefore, may not be so}d, leased, rented, in~eresl IransFen'ed or conveyed in any way so as Io separalo said qua]qcrs from Ibc description of{l~c rcsidcnlial unit. GENERAl, APPLICATION FOR SETBACKS: Gcneral{y, whenever thc word sclback or yard is used relative buiklings ami n lot linc and/or perimcler bounda~ of a parcel of land upon which buiktings are to be conslruclcd, it shall have Ibc following application: A. Front Yard Front yards setbacks shall be measured as follows: 1) I Fll~c parcel is sen,cd by a public righl-ogway, sclback is measured from tho adjacent right-of-why line. 2) If Ibc parcel is sen'ed by a non-plaited private drive, selback is measured fi'om thc back of curb or edge of pavement. 3) If'~l~c parcel is sca'ed by a plaited privale drive, setback is measured from the road cascmcnl or properly line. 4) Generally, principal btfiklings shall be scl back a dislance suflScienl Io provide for txvo back Io back parking spaces, one of which may be enclosed space. 3-g 12B SECTION IV GOLF COUi'~,SE/RECI>,EATION AREA 4.1 4.2 I"UI~.I,OS E: The ptUl~OSC of this Section is to set Forth thc dcvclopment plan and dcvclop,'ncnt standards liar thc areas designated us Tract CR Golf Coursc/Rccrcation Area on ExhiBit "B". Thc prinmry flmclion and ptu]~osc of this Tract will be lo provide access and aesthclically pleasing open areas, passive/active rccrcalional areas, and usc areas intended to satisfy thc residcnt's basic needs {2~r a quality recreational opportunity. Any recreational, social, admi,~istralix'c or maintenance R~cility which may be indicalcd on thc PUD Mastcr Plan, Exhibit "A". shall bc considered conceptual, and thc placcmcnt of such fi~cilitics, as may be indicated on thc PUD Maslcr Plan shall be considcrcd non-l~indh~g. Except in areas to be used For water impoundment, and principal or acccssoD' usc areas, all natural trccs and other vegetation, as praclicablc, shall bc protected and prcsc~'cd. USF~S I'ERMITTED: No building or structure, or part thcrcol: shall be erected, altered or used, or land used, whole or in part, for other than thc followir~g' A. Principal Uses: I ) Utility, walcr management alld rights-ol'-way/acccss casements. 2) Golfcom'scs and golfcart paths. Struclurcs which house social, rccrcational, project sales, administrative, or security facilities. 4) Lakes/water man:~gcmcnt fi~cilitics. 5) Signagc. 6) Opcn Spaces/Nature Prcscrvcs. 7) Pcdcstriatl nncl bicycle paths, or other sirnilar f'acililics constructed for purposes o1' access to, or passage lhrougl'~ thc common areas. S) Small docks, piers or other such fi~cilitics constructed for purposcs of lake recreation for residents of the project. 9) Sl'ml'tlcboar,,I course, tennis courts, fimcss center, swimming pools, and other 4-1 4.3 types of fi~cilities intended For outdoor recreation. ~0) Commercial cxcavalions as pcnnitlcd by Collier Cotmty's excavation regulations (Collier Counly Land Dcvclopmcnt Code, Division 3.5). B. Accessory Uses: l) Clubhouse, pro-shop, practice driving range and other customary acccsso~ uses o f golf courses. 2) Small cslablishments including golf and tennis Ctluipmcnt sales, restaurants, cocktail lounges, and similar uses, intended to cxchlsivcly serve patrons of the gel F course and other pein'fitted recreational £acilitics. 3) Customary acccssory uses orstmcturcs incidental to recreational areas and/or Facilities, including structures constructed for puq~oscs of maintenance, storage, rccrcation or sheller with appropriate scrccning and landscaping. 4) One ( I ) caretaker's rcsidcncc. DEVELOPMENT REGULATIONS: Overall site design shall be ham~onious in terms of landscaping, enclosure of structures, location of access slrecls and parking areas, and location of buffer areas. All huildings shall be setback a minimum of fifteen (15) Feet from all parcel houndarics. An exception shall he granted (from 0 to a minimum of Y) in the case whcn an FPl. casement linc sc,wcs as a parcel boundary within thc golf course maintenance site. Structures adjacent to one another shall be separated a minimum often (10) Feet, or one halFthc sum of the building heights, whichever is greater. Lighting facilities shall be arranged in a manner xvhich ,,vill protect roadways and neighboring properties from direct glare or other interference. A Site Development Plan in compliance with thc County's development regulations shall bc required. F. Maximum tlcighl: 1) Principal Strt,cturc: Sixty (6¢)) Feet. 2) Accessory Structure: Forty (40) feet. 4-2 Go ti. 12B Minimum Off-Street Parking and Loading: I) Private GolfCoursc: Four (4) spaces per hole. Addilionally, one (I) space per 2f)0 square fcct sh:fil be provided for oflicc/Iobby/pro-shop/l~ealth club/chfl~housc/lounge/snack baffdining/mecling room areas, of which a maximum one-third (Va) oflhis requirement may he grassed and set aside For fi~ttn'c parking antl shall he paved as deemed ncccssmT by Ibc Development Sc~wiccs Director and dcdicalcd ns such on lhc Site Development Phm at thc time of approval pursuant to Division 3.3 of Collier County's Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including swimming pools, golf driving nmgc and tennis courts shall bc provided. Golf cart, golf bag, and equipment slorage rooms, maintenance buildings, and rooms for mechanical equipment shall be compulcd at one ( I ) space per 1,000 square l~ct. 2) Recreation (non-golFcoursc)/Administralive Areas: As required by Collier County's Land Development Code in effect at thc lime of buikling permit application. Loading Areas: As required by Collier County's Land Development Code in cf feet at thc time of building permit application. I.andscapi ng and Btl ffcring: Unless otherwise specified in this Section. landscaping shall be in accordance thc landscaping requirements of thc Collier County Land Development Code cflkct at thc lime of building permit application. All recreational areas (excluding golf course areas), recreational, administrative/social and m;fintenancc buildings shall bc buffered from abulling rcsidcmial lands with a five (5) foot wide area generally parallel to the entire length of ahulting rcsidcmial/non-rcsidcntial parcel botmdarics. Said buffer shall have x'cgctalivc hedge plant material and/or Fencing/wall, not to cxcccd six {6) feet, to achieve an S0% opaque condition, flfiny-six (36) inches in height, one ( i ) year after installation. It is not mandatmy that lhe buffer area be installed to abut parcel houndarics. This requirement shall apply lo required vehicular usc landscaping adjacent to inlcrior properly lines, and shall salisffy the County's requirement(s) For such areas. REQUIRED LANDSCAPING ADJACENT TO VEl IICULAR RIGHTS-OF-\VAY: Landscaping adjacent to vehicular rights-of-way shall be in accordance xvith Collier County's Land Development Code. 4-3 J. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING: Interior l;mdscaping pertaining to vehicular use areas shall be in accordance with Collier County's Land Developnlcnt Code. I2B VEHICULAR OVERIIANG OF I,ANDSCAPED AREAS: The fl'ont ora vehicle may overhang any hmdscapcd area a maximum of two (2) foci. provided tilt landscaped arca is protected by motor vehicle wheel stops or curbing. Two feet of such hmdscaped area or walkway may be part of the required depth of each abutting parking space. GOLF COURSE CARETAKER'S RESIDENCE: One (I) golfcourse caretaker's residence shall be pcmlitted subject to the following: 2) The rcsidcncc shall be constructed as an integral part oflhc main golf course clubhouse fitcility and shall bc entered from within lhc chlbhousc facility. Thc residence may bc constructed as an integral parl ora sales, fitncss, or tennis center, only if it is not constructed within tile ch~bhouse facility. The carctaker's rcsidcncc shall bc an accessory use and shall bt for the exclusive usc of tile property oxvncr, tenant, or designated employee opcrating or maintaining thc golf course and/or its fitcilitics. Off:street parking shall bc :ts for :t single-flintily residence in accordance with Collier County's parking requirements itl effect at the time ofbuikting permit application. Parking for the carctakcr's residence shall bc in addition lo any other required parking hlcilitics. 4-4 KENSING'FON PARK DEVELOPMENT STANDARDS TABLEI I)E\'EI,OI'MENI' SIN(;I,E SIN(;I,E ZERO LOT (;ARDEN Al'TS CR STANI)AI~,I)S i:AMil,Y FAMII,Y lANE TO\VNIIOIISES USES I)EI'ACilEI) ATTACllED MINIMUM I.OT/ 6.000 SI: 1.000 SF 4.000 SIr NOT NOT PARCI!I, AREA PI!R I,OT PF.R UNIT PER I,OT APPI,ICAI~I,E APP. SEE 3,4B.2) MINIMUM I.()T 70' ('ORNI'~R SAME WIIT['II 40 FI-iI'TF ['ER I00 FI".F.'F PER NOT WID'Fll 60' IN'F. AS UNll' I.OT PARCEL APr'. FRONT YARD 25 FF.I'~T 20 FEET 20 I:EET 25 FEET IS FT. R EQI ;IR EM I'~NT SIDE YARI) 7.5 FEET *7.5 FEET O-S I:EF, T * I0 FEE'F 15 FT. RF. QUIREM [!N'F RI:,AI~, YARD 20 FEET 20 FF, F.T I$ FEET **20 FEET 15 FT. RF, QLIIR EM F. NT ACCF, fiSOI'tY FRONT 2S FEF. T ***20 Fl':IiT 20 FEET ***25 FEL:T 15 FT. SIDE 7.5 FFA:,'F 5 FF, ET 0-$ FEET 10 FEF, T 15 FT. REAR '*lO FEI'TF ** $-10 FF, ET ** $-I0 FEET **10 FF. ET I~ FT. MIN1MtLM 1.000 SI: I S'FORY 750 SF NOT FLOOR AREA 1.200 SI: 2 STORY APP. DIST. I1E'I'WEI~N 15 FF, ET 15 FEF,'F OR '/~ 10 FEE'F 15 FEI'TF OR '/~ I0 FT. PR INC. STR. SLIM OF I IT. SUM OF I IT. MAX. BI.I)G. 3? I'RINC. 35' I'RINC. 35' PRINC;. 35' PR1NC. 50' P. 11 lilGl IT · I 5' ACC. · 15' AC(,. · I 5' ACC. · 15' ACC. 40' A. NOTES: · Lot area is that area assigned to an individual dwelling unit. · Parcel area is lhat area assigned to an individual building which may contain more than one dwclling unit. · Lot width is thc average width oflhc lol assigned to an individual dwelling unit. · Parcel width is the average width of tho parcel assigned lo an individual building which may contain more than one dwelling unil. Cluster housing development standards are set forth in Section 3.7. · Setbacks for side yards shall be measured from parcel boundaries. · * Fifteen (15) feet along the soufl~ project bounda~. Where a parcel abuts a golfcourse: five (5) feel. Whcrc a parcel abuts a lake: zero (0) feet may be alloxvcd provided lhe perimeter of thc lake is bulkhcadcd in accordance with Collier County Ordinance No. 91-102 and SFWMD rules. · ** Garage not accessed from tho right-of-way may be ten (10} feel. · Pool enclosures may be twenty-five (25) I~ct. 4-5 5.1 5.2 SECTION V PRESERVE AREA PURPOSE: Thc purpose ol'this Section is lo scl £orlh thc development plan For thc areas designated as Tract P, Prcscn, c Area on Exhibit "B". Thc primaw fitnction and Im¢OSC of this Tract will bc to prcsc~,c and protect nalix'c flora and fauna in ils natural slate. USES PERMITTED: Elevalcd boardwalks may be constructed in the various preserve areas for the purpose of enjoyment of the natural amenities by the residents of the project, subject Io receipt of appropriate permits. 5-1 128 4 6.1 6.2 6.3 SECTION VI BUFFER AREA P U R POS F.: Thc purpose of this Section is to set forth the development plan for thc areas designated as Tract S. Buffcr Arca on Exhibit "B". Tract "S", Buffcr Arca, is an casement intended to protect residential hind rises fi'om moro intensive residential hind uses, possible impacts from adjacent roadways and/or non-residential land uses. Although no structures other than those sci Ibnh in ibis Section may bc locatcd within buffcr cascmcnts, buffer cascmcnts shall be included in yard requirements sot forth clscwhcrc in this docunmnt. USES PERMITTEI): No structure or part thereof, shall be crcctcd, altered or used, or land used, in whole or in part, tbr other than thc Following: A. Principal Uses: I ) Landscaped buffer; existing native plant types may be utilized and/or; 2) Earthen berms and/or; 3) Fences/walls: Nine (9) foot maximum height. 4) Signage; ncighborhood idcntification columns/xvalls. B. Accessory Uscs: I) Water, sewer and drainage facilities as required at the time of Final Conslruclion Plan approval. DEVEI.OPMENT REGUI,ATIONS: The burl'ct area shall not be less than ten (I 0) fcct in width along the north project bounda~ and Iht project boundaw adjacent lo thc southwesterly prcsen, e area. The buftkr area shall not be less than twenty (20) feet in width along the south project botmda~. All other land use buffer widlhs shall be in accordance with Collier County's Land Development Code. Land use buffer widths shall be measured at righl angles to propmly lines, and shall be established along the entire length oh and contiguous to, thc designated prqicct bounda~ linc. 6-1 Thc area shall he so designed, planted, m~d malnlaincd as to be clghty (80) percent or more opaque between Ihrcc (3) and right (g) fcct above average ground level when viewed horizontally. PI;ratings used for buffering shall be ova size and type which will insure compliance with thc eighty (80) percent opacity requirement within no longer than tweh'e (12) months of the completion date of first planting, 'l'ypc.~ and l~umhcrs of i~l:mtings for buffers shall be submitted whh application Preliminary Suhdivision Plat, or Construcliot~ Pl:m ami Plat review, along with plans and statements demonstrating how ll~c huffcr will he irrigated aml maintained in the fl~turc. The arca along thc south prqjcct houndary shall lie so designed, plantcd, and maimaincd as to be eighty (80) percent or more opaque between three (3) and cight (g) Feet :d~ovc average ground Icvcl when viewed horizontally, including trees spaced no more than thirty (30) feet on thc center. Plantings used For buffering shall be of a size and type which will insure compliance with thc eighty (80) percent opacity requirement wiflfin no longer than twelve (12) months of the d:tte of thc first certificate ofoccup:mcy issued to a huilding in this area. Installation of all mnterials shall be in ;tccordance with the landscape plan submitted to lhe Community Development Director and complclcd prior to thc first certificate ofoccupancy issued Fur any building across thc southcrtt roadway. The area alon~j Cbc sou~h p~ojeeL hounrjary gha~l be desi i~anCed and meinCained consts~enC 6-2 7.1 7.2 7.3 SECTION VII DEVELOPMENT COMMITMENTS PURPOSE: Thc purpose o£this Section is to sci £onh thc dcvelopn~cnt commitnmnts for the development of'ibc project. GENERAL: All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans, and all applicable State and local laws, codes and regulations applicable to this PUD in effect at tile time of Building Permit approval(s). Except where specifically notcd or stated otherwise, the standards antl spccifications of the official County Land Development Code shall apply to this project even if thc land within the PUD is not to be platted. Tile Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Dcvclopcr, his successor or assignee shall agree to develop in accordance with Exhibit "A", PUD Master Plan, and the regulations ofthe PUD as adopted, and any other condilions or modifications as may be agreed to itl the rezoning of lhe properly. In addition, thc Developer will agree to convey to any successor or assignee in title, any commitments within this agreement. PUD MASTER PLAN: Exhibit "A" and "A-I", PUD Master Plan illustratcs thc proposed development and is conceptual in nature. Proposed tract, lot or land nsc boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at thc time of final platting or site development phm application. Subject to thc provisions of' Scction 2.7.3.5 of tile County's Land Development Code, amcndmcnts may be made from time to time. All ncccssary casements, dedications, or other instrunmnts shall be granted to insure the conthmcd operation and maintenance ofall service utilities and all common areas in tile project. Multi-f'amily buildings shall be limited to exterior lighting only below the eaves and at the first floor level £or those units shown on EXhibit "A-I". Street lighting on tile southern perimeter road and tracts A, B, C, D and E of Exhibit "A-I" shall be no greater than 20 feet in height as measured from grade level. 7-1 7.4 7.5 7.6 E. Tract "B" of Exhibit "A-l" is limited to detached single family land use. '7. Tract "E" of Exhibit "A-1" shall bc constructed with tile architectural building design as depicted in Exhibit "D". SCHEDULE OF DEVEI.OPMENT: Presently, more than 50% of thc project has bccn developed. Thc Dcvclopcr rosen'cs the right to develop portions of tile projcct in a non-sequential manner as market conditions change. Plattlng of thc entire PUD will be required, Phases of development may include construction of residential, social or recreational fitcilitics/structurcs, roadway or lake construction. ENGINEERING: Tile Developer and all subsequent landowners are I~crcby placed on notice that they arc required lo satisfy tile requirements of all County ordinances or codes in effect prior to, or concurrent with, any subsequent development order relating to this site. This includes, but is not limited to. Preliminary Subdivision Plat, Site Development Plans and any other application that will result in tile issuance ora final or final local development order. \Vork within Collier County right-of-way shall meet tile requirements of Collier County Right-of-Way Ordinance 82-91. EXCEPTIONS TO TIlE SUBDIVISION REGULATIONS: Land Development Code, Division 3.2.8.4.16.5, Strce! Right-of-Way XVidth: Waivcd to a minimum of liay (50) feet Ibr tile local road along tile westerly property line, adjacent to tile southerly preserve area. Land Development Code, DMsion 3.2.8.4.16.5, Street Right-of-Way Width: Waive the requirement ofonc hundred thirty (130) feet to one hundred (100) feet for the 4- hmo road at entry. I. and Development Code, Appendix B, Typical Street Sections and Right-of-Way Design Standards: Waive tile typical roadway section to one shown on master plan, subject to having sidewalks. Land Development Code, Division 3.2.8.4.16.6, Dead-End Streels: Waive tile maximum one thousand (1,000) foot Icr~gtll. 7-2 128 4 : 7.7 7.8 UTILITIES: Sewage collcction and transmission facilities to scrvc tile project are to bc designed, constructed, conveyed, owned arm maintained in accord:race with Collier County Ordinance No. 88-76, ;xs amended, and olher applicable Counly mits and rcgulatior~s. I3. All ct~stomcrs connecting to thc scwagc collcction fitcilitics to bc constructed will be customcrs of Ihc County and ,,,,'ill be billcd by thc County in accordance with the County's cstablishcd rates. Prior to construction phms and plat approwfi, a letter from lhc Cily of Naples Water Department stating that thc Department has reviewed and approved tile water and sewer facilities construction documents for sen'ice lo tile project shall be submitted. Do Thc project's Developer(s), his assigns or successors shall ncgotlatc an agreement with thc District for the usc of treated sexvage cfflucnt within thc project limits for irrigation purposes. Thc Developer would be responsible for providing all on-site piping and purnping fixcilitics fi'om tile County's point ofdclivcry and, ifrequired. negotiate with the Cotmty to provide full or partial on-site storage facilities consistent with the vohtme of treated wastewater to be utilized. Thc utility construction documents for thc project's sewerage system shall be prepared so that all sexvage flowing to the County's master pump station is transmitted by one (1) nlain on-site pump stallon. Due to the design and configuration oethc master ptunp station, flow by gravity into tile stalion will not be possible. Thc Developer's engineer si'mil meet xvilh thc Counly staff prior to cornmcncing preparation ofconstn~ction drawings so that all aspects of thc sewerage system design can be coordinated with tile County's sewer maslcr plan. 7. Thc cxisling off-site scxvagc transmission facilities of Ihe District must be evaluated fi)r hydraulic capacity lo serve this project and improved as required outside thc prQcct's botmdary to provide adequate capacity to transport tile additional wastcwatcr generated v,'ithout adverse impact to thc existing transmission facilities. TRANSPORTATION: A gatchot~sc/sccurity facility has been provided within thc project's matt! entrance area(s) and locatcd so as to not impede traffic floxv on Pine Ridge Road or the fitture Livingslon Road right-of-way. Thc project access is in alignment with the existing median opening on Pine Ridge Rend. Thc access is desiencd so as not Io cause entering traffic Io back up onto Pine Ridge Road. 7-3 7.9 'I. 2S Co An c,'~stbound right lure lane and arterial Icvcl street lighting on Pine Ridge Road at thc project enlrance has been provided. D. There is an existing traffic signal at the project entrance. Road impact fees shall be as set fmlh in Ordinance 92-22, as amended, and shall be paid at d~c time building pcmfits are issued unless othcm, ise approved by thc Board of County Commissioners. Fo All traffic control devices ~.tsed shall conform with the Manual on Unlfonn Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. Thc Dcvclopcr shall provide a certificate of Adcquat¢ Public Facilities at the time of any Final Development Order. Thc Petitioner l,.as dedicated to lhe County thc minirnun'~ right-of-xvay casemcnt ncccssary for thc Livingston Road Extension road right-of-way. \VATER MANAGEMENT: A. Detailed paving, grading and site drainage pi:ms shall lie submitted Io Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance ~vith lhe submitted plans, is granted by Project Review Sen, ices, Fill material from lakes is phmned to be utilized within thc project. However, excess fill matcrial, up to 10% of thc tolal or a maxin'mrn of 20,000 cubic yards may be removed and utilized off-site subject to thc rcquircmcnts of Division 3.5 of the Land Developrncnl Code. Removal of material in excess of 10% of thc total, or a maximum of 20,000 cubic yards must mcct the requirements of a commercial excavation per Division 3.5 ortho Land Development Code. ' Landscaping shall not be placed within the water management areas unless spec i fically approved by Engineering Review Sca'ices. Thc proposed ofl:silc ditch acccpting discharge from thc site shall be dedicated as a drainage casement prior to construction plan approval. Thc lakes and wetland locations shall meet thc mininmrn 200 feet scp:~ration criteria of thc South Florida Water ~lanagcmcnt District {SFWMD) niles unless the SFXVMD approves any separation less than 200 foci, and written continuation to thai effect is provided to Engineering Reviexv Sen'ices. 7-4 7. I 0 ENVIRONMENTAL: [['during the course ofsitc clearing, excavation, or other construction activities, nn `archacologic`al or historical site, artifilct, or other indicator is discovered, ,all development at the location shall be immediately stopped `and F. nginecring Review Sca'ices notified. Development will be suspended for a sufficient length of time to enable Engineering Review Services, or a designated consultant to assess thc find and determine thc proper course oFaction in regard to its salvage`ability. Engineering Review Services will respond lo any such notification in a timely and efficient manner so as to provide only a minimal inlemtption to any constnlction activity. A twenty-five (25) flint wetland buffer, minimum fifteen (15) feet, `aver`aging twenty- five (25) feet, shall lie provided `around both isolated wetlands. A conservation casement shall bc placed over thc two jurisdictional wetlands including buffers, prior to final plat approval, xvith protective covenants as in, or similar to Section 704.06, Florida Statutes. These casements shall be plaited. D. The project shall bc maintained free from exotic vegetation. 7.11 ACCESSORY STP, UCTIJRES: Accessory sln~clttrcs may be constructed simultaneously with, or following the construction of the principal structure. 7.I2 SIGNS: All signage shall lie in accordance with Division 2.5 of tile County's Land Development Code hi effect at tile time o1' Site Development ~lan `approv`ak with the following exception. Two (2) ground, wall or gate project identification signs may be located at each cnt,'ancc 1o thc development subject lo the following requirements: l) Such signs shall contain only tile name of thc development, the insignia or molto of the development :md shall not contain promotional or s,ales material. 2) Any project identification sign(s) shall not cxcccd one hundred (I00) square feet, excluding mounting surfaces(s) or structures(s). Where sign,age is affixed on an integral part ora wall or fence, the time of sign(s) may protrude above Iht upper edge of thc w`all or fence but remains subject to height restrictions. 3) No project idcntific`ation sign(s) shall exceed a height ofeight (8) feet above 7-5 Co thc finished ~round level oFthc entire parcel. 4) Project identification signs may bc lighted, provided all lights are shielded in a manner which prevents direct glare into thc vision of motorists driving on adjacent roadways, or into ndjacent residences. Ollc (l) grotlnd or wall sign may he localcd along each of the Pine Ridge Road and fitturc Livingston Road I¥ontages Igr thc pu~osc of promoting thc development or any major usc wiflfin thc dcvclopmcnl, subject to thc Following rcquircmcnls: l) Any promotional sign(s) shall not exceed one hundred (I00) square feet, cxchlding mounting surfi~cc(s) or struchlrcs(s). 2) No promotional sign(s) shall cxcccd a height of ten (10) feet above the average ground level of the site. Prornotional signs may be lighted, provided all lights arc shielded in a manner which prevents direct glare into thc vision of motorists driving on adj:~ccnt roadways, or into adjacent residences. Residential directional or identification signs, no greater Ih:m six (6) square feet in size, and located internal to thc development shall be permitted Such signs shall only bc used to identify the localion, or direction ofapproved uses such as models or model centers, sales offices, intbnnation centers, recreation centers, or the individual components of the development. Directional or identification signs maintaining a common architectural Iheme, may be combined into single sign(s) not to exceed eight (8) feet in height, and thirty-six (36) square feet in area. Two (2) ground, wall or gate internal project identification signs may be located at cact~ internal entrance lo a multi-flintily or single-flintily development area subject to the lbllowing rcquircmcnts: I) Such signs shall contain only the name of the development, thc insignia or mono oFthe development and shall not contain promotional or sales material. 2) Any internal project idcntification sign(s) shall not exceed one hundred (!00) square Feet. excluding mounting surlhcc(s) or stntcturc(s). Where signage is aflixcd on an integral pa~ ora wall or fence, thc fi~cc of sign(s) may protrude above thc upper edge of the wall or Fence but remains subject to height restrictions. 3) No internal project identification sign(s) shall exceed a height ofcight (8) fret above the average ground level of the site. 7-6 ? 4) Imcrnal project identification signs may be lighted, provided ,rill lighls nrc shielded in a manner which prcvcnts dirccl glare inlo Ih¢ vision oF motorists driving on :M. jaccnt roadways, or inlo adjacent residences. 7.13 POI,I, ING PI,ACES: I~ursuant to Scclion 2.6.30 of thc County's Land Development Code provision shall be made fbr thc tim]re usc of building space within common areas for thc puq~oscs ofaccommodating thc fimction of an electoral polling place. An agrccmcnt recorded in thc official records of the Clerk of the Circuit Court of Collier County, which shall bc bi,haling upon any and all successors in interest that acquire ownership of such common areas including homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public buildin~public room or similar common facility to be used for a polling place ifdctc~incd Io hc necessary by thc Supervisor oF Elections. 7-7 12B 4 KENSINGTON PARK P.U.D. MASTER PLAN - EXHIBIT A FOR: ~, S~SS AMERICA McANLY ENGINEERING ~ "~'~'~ KENSINGTON PARK ..o ~o~c ~.c PUD MASTER PLAN ~,~, 7 W F--- rS) ~2B I.II I!1I ) II A ! / KENSINGTON PARK P.U.D. TRACT MAP - EXHIBIT B TOTAl.. 370 AC, FOR: S ~ISS AMERICA D£SCRIP TION: KENSINGTON PARK PUD TRACT MAP 4~ S, R ~5 ~. COU.J~R COUNTY. rLDRIDA McANLY ENGINEERING AND DESIGN, INC. EXHI~!T N.T.S. S V~CINITY MAP 0 0 12B 4 12B X --I --I 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. 98-8 Which was adopted by the Board of County Commissioners on the 27th day of January 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of January, 1998. DWIGHT E. BROCK - Clerk of Courts and':.Clerk Ex-officio to Board~'6f ".~'' County Commissione~' By: /s/ Kueh~e Deputy Clerk I I I i I I I I ! I i ! i I ! i I I I PUD AMENDMENT TABLE OF EXHIBITS 1. Existing PUD Master Plan. 2. PUD Amendment Master Plan. 3. Grey Oaks Plat (adjacent to Kensington Park) 4. Photograph of Grey Oaks Landscape Berm. 5. Comparative Impacts Table. 6. Appraiser's Evaluation Letter. 7. Lieber Landscape Drawing. 8. Landscape Elevation Drawings. 9. Architectural Submission. Project Team Engineering Planning & Design Planning & Development Appraisal, Marketing & Economic Analysis Landscape Architects Sales & Marketing John Asher Ray Pezeshkan Richard Henderlong Rick Armalavage Michael B. Elgin Jack Lieber Michael Vranek Counsel: Kevin G. Coleman Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples. FL 34103 / / :! I-I 1 I I I I I I I I I I I I "l I f I I I I I" I. /"%.% I t rT'l .-.I IT! Z ?. ! °\o r.P ,',' L TRANSMISSION LINt EASEMENT '- I CANAL I I I I I I i I I I I I I I I I I I I I I i i I I COM EAI?,AT_IVE_TAB L E Proposed Master Plan vs. Existing PUD Proposed Existing Difference ~ Landscape Buffer (acres) 3.22 2.97(1,63) +0.25 ROW (acres) 6.65 5.73 +0.92 Residential (acres) 30.54 36,00 -5.46 Lakes (acres) 14.95 12.00 +2.95 Impervious areas 14.83 17.92 -3.09 Pervious areas 40,53 37.44 +3.09 # of driveway curb cuts (perimeter road) 23 55 -32 # of buildings 59 87 -28 SF residential detached units 15 46 , -31 MF - 2 story units 176 140 +36 MF - 3 stoW units 35 (6 buildings) -35 Sub-Total 191 221 -30 TOTAL UNITS (570) (600) ~;, -30 January 20.1998 f Phone: (94 l) t; 14-4646 I:at~: (941) AI4-4647 Mr. Kevin Coleman, Esquire Goodlettc Coleman & Jonhson, PA ,1001 Taminmi Trail North Naples. Florida RE: Kensington PUI) Amendment Analysis of South Properly Line Valuation Assignment 98-2540 Dale of Analysis: .Innuary 20, 1998 Dear Mr. Goodlettc: In accordance with )'our request, I have made a studv and analysis of thc Kensington PUD and tile proposed PUD amendment requesting modification of allowed uses bordering the Grey Oaks property line along the south area of Kensington community, The south property line consists of approximately 2,970+/- linear feet bordering the north side of Grey Oaks community. The proposed Kensington PUD south area would consist of a buffer of approximately 105 feet wide including green belt area, road right of way, ,'md utilities. The two-story residential buildings would be located approximately 114 feet north of the rear properly line. 1'he scope of my study consisted of a review and analysis of the proposed plans for Kcnsington. a study of tile existing and proposed PUD documents, a study and review of Grey Oaks community and various ariel photographs, sketches and diagrams prepared by Coastal Engineering. Architectural Network, and Jack l,[cber, anti a study of like kind properties located throughout the marketplace. The purpose of this study is to determine economic and market impact on the subject project, as well as surrounding properties as a result of the proposed Kensington PUl) Admcndmcnt. Based on my study and analysis, I have concluded the folloxving: Tile proposed PUD Amendment and proposed buffer modification at the south end of ] Kensignton will not create a diminution of value to Kensington community, and will not create diminution of value to Grey Oaks or World Tennis Center. I I I I ! I I I I I I I I I I I I i 12B~ Thc existing Kensington PUD allows residential housing along tile south side bordering Grey Oaks which creates significantly greater visual impact on the adjoining community than the proposed Kensington PUD plan. The proposed plan ',,,'ill have minimal, iFany, visual impact on tile surrounding properties. The existing Kensington PUD plan allows housing of 2 stories abutting the south property which impacts views of adjoining Grey Oaks housing. The proposed plan provides a wklcr bufl'cr area and more visual screening, thereby, having less visual impact on Grey Oaks properties. The existing berm localed along tile north side of Grey Oaks, and south side of Kensington. is one of file largest berm areas separating residential communities in this area. Values of Grey Oaks homes adjoining tile north berm were established as a result of existing conditions, rather than visual impact from Kensington housing units. There is no quantifiable difference in Grey Oaks homesite values based on comparing tile existing Kensington PUD plan and tile proposed Kensington PUD. If anything, tile additional Kensington bulTer area created by the new plan will cnhnnce fl~e marketability of the ad.joining residential properties in Grey Oaks. I. Richard I. Armalavage, certify that I have no undisclosed interest in tile sul!ject propcr~y and my employment and compensation are not contingent upon my Iindings and valuation. It has been a plcasure to be of service, lf l can be of further assistance, please do not hesitate to Rcspectl'ully Submitted. A~LAVAGE & ASSOCIATES, INC. /./,~,~ ~ l~lclmra ~./xrnlalavagc, MAI State-Certi fled General R.E. Appraiser. RZ0000962 020 KEi',;51NG'F©N COl_I: + COUNTRY CLUB 0 --I GONC[PTLIAL ~Ol,ITtt LAt'IDC-,~,AP[ BurrER KLNSINGION C,OLI' 4- C,OUNTRY C, LLJ[.~ ll,~rL [ 5. r L ORJPA, 0 i i Robert Trent Jo~es I1 Naples, Florida Det~'lol~ed By: Sr~iss.A medea. DL't~'lopment ~qCOH£CARD LOCK. J UNITS :: :TYI'E: A 44 Yill,'l Il 32 .~ingh: Fqmily C II ~ingl¢ Family C 31 Villa I) 7 Single FmHily I~ 2g Villa F ]3 Vill~ ( i ? I Single I:;.nily {; 23 Vilhl Il 76 Single Ibmil)' I 29 Single Family TOTAl, 454 I,iving Ilnils '11¥}I£ gL '(1}1 ,I,}lOd}llV O91X',~l'/ ciO a'ln9 To: COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC Clerk to thc Board: Please place thc following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) Originating Dcpt/Div: Comm.Dci,.ScmJPlanning Petition No. (If none, give brief description): $NP,-97.13 Petitioner: (Namc& Addrcss): ,lacq,clinc R. ¢gnrc¢0dc, .1921 40' Ave. SW, N0pl¢$, FL 34119 Name &.Addrcss of any person(s) to be nolificd by Clerk's Officc: (If more spacc is nccdcd, att:~ch separate sheet) Hearing beforc XXX Bec \BZA ,~ Other " Rcqucstcd Hcafing date: ~'''~'Xr~('~ ~{~. Based on advcrliscment..'.'! appearing 15 days before hearing. Ncwspaper(s) to Ix: used: (Complclc only if important): X.'CX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description &. common location & Size: Petition No. SNR-97-13, Jacqueline R. Conrccod¢ requesting a slreet name chan?,e from Carrotwood Road to Palractlo Woods Drive in Golden ~;ate Estates, Unit 32, Section 9, T0w'nship 49 South, ILange 26 East, Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [] Yes 113-138323-6491 I0 Revicwed by: / ,/ Division Head Dale " Lisl Attachments: Ao [] No If Yes. what account should be charged for advcnising costs: Approved by: County Manager Date DISTRIBUTION INSTRUCTIONS ~ ~. -iO,,i;;~ !..,~,t~:~:, :-.linc For hearings before Bce or BZA: Inltiatlng person to complete one coy and obtain Division Ilead approval before submitting to County Manager. Nole: If legal document is invoh'ed, be sure that anN necessary legal review, or request for same, is submitted to Counly Attorney before submitting Io County Manager. The Manager's office will distrlbule COlfie.~: [] CounLv Manager agenda file: lo [] Requesting Division [] Original Clerk's OfFice B. Other bearings: Initiating Division head to approve and submit original to Clerk's O~ce, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Z/~>/Y7 Date of Public hcnring: ~//~ ~,/Ff Date Advertised:' I!I!Iiili!!111111111111111111111111I!I!III!IIili!11111111111111 TO: LOCATION: NAPLES DAILY COM}LENTS: 263-4864 R. : ~ ~/~-~ ~m Z - 9¢-/3 III!II!IIIIii1IIIIIIIII!II!II1111111111111I!IIIIIIIIIIIIIiiiiii 2C 1'1 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX ~tO: (813) 774-8408 PHONE 'NO: (813) 774 532 I 12-1~1 16:59 533 { 12-22{ 15:31 s~_J_l~-2~I ls:s~ O0'" el '5.2 192634864 OK IDatosent: 0688~ 1 D{ 0686~16I 10686e08~i41 December 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-97-13 Dear Judi: ' Please advertise the above referenced notice one time on January tl, 1998, and kindly send the Affidavit of Publication,?in duplicate, together with charges involved to this office. Thank you. ~ Sincerely, Ellie Hoffman, Deputy Clerk ~ ~ " Purchase Order #800551 ~' ......... '. NOTICE OF PUBLIC HEARING . " Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 27, . 1998, in the Boardroom, 3rd Floor, Administration Building, Collier Cou----~ty Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition SNR-97-13, Jacqueline R. Conrecode requesting a street name change from Carrotwood Road to Palmetto Woods Drive in Golden Gate Estates, Unit 32, Section 9, Township 49 South, Range 26 East, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida. All interested parties are invited to attend, to register to s and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 22, 1997 ~4s. Jacqueline R. Conrecode 4921 4th Avenue S.W, Naples, FL 34119 Re: Public Hearing to Consider Petition SNR-97-13 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 98- RESOLUTION RENAMING CARROTWOOD ROAD TO "PALMETTO WOODS DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to. confirm the renaming of Carrotwood Road to Palmetto Woods Drive. This' street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat ...'i~i~:~i thereof, recorded in Plat Book 7, Page 21, of the Official Records of " Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Carrotwood Road to Palmetto Woods Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Publi:~.~. Records of Collier County, Florida, and noted upom the maps of the stre~t~%~ and zoning atlases of Collier County, and notations made on the referenced. Plat. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney BY: Chairman Naples Batty News Naples, FL 3'~940 Affidavit of Publication Naples 0aily News 0BARD OF COUUTY COHrlISSIONERS ATTN: tlANCY SALOGUO PO BOX /,13016 UAPLES FL 34101-3016 REFERENCE: C01230 800551 57620329 NOTICE OF PU~L%C HEA State of Florida County of Collier Before the undersigned authority, personalty appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Uaples. 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 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 mai[ 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 co. ration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED 0~: 01/11 AD SPACE: 59.000 INCH FILED ON: 01/12/98 5worn to and Sub3cribed before me this /.~ day of -- NOTICE Ca: PUBLIC HEARING Notice Is he~'eby glvett mot ~e Boord o~ Cou~ C~mlsslo~ ~ C~II~ he.lng o~ TUESOAY~ JANUARY 27, 1~, Ce~er, 3~t EDit Tom~ consider Pelltl~ G~e Es~s, Un~ ed in P~ ~ 7. P~ 21. BOARD OF COUNTY CO~MISSIONERS COLLIER COUNTY, TIMOTHY ~ HA~, DWIGHT ,;udi!h A. Ranigan MY E,%~MIS~IO, I ~ CCS08~'87 IXRIRES feb~Jar,; Jg. *** 2274114 OR: 2384 PG: 0594 RESOLUTION NO. 98- 1 2 1 RESOLUTION RENAMING CARROTWOOD ROAD TO "PALMETTO WOODS DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEFEAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, ezcept for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Carrotwood Road to Palmetto Woods Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Plat Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF-]~]~i~ COLLIER COUNTY, FLORIDA: The name of this street is hereby changed from Carrotwood Road to Palmetto Woods Drive and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, Clerk day of /~f~~, 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~Barbara B. Berry~ ~'~-~airman Approved as to Form and Legal Sufficiency: Marjo~_ M. Student Assistant County Attorney COI. I.IER COUNTY FLORIDA .~ I~tEQ'UEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to lhe Board: Plcascplacelhefollow~ngns XXX Normal legal Advertisement (Display Ad,,'., location, crc.) [] Other:. Originating Dcpt/Div: Comm. Dcw. Sc~'./'Planning Person Date: Petition No (if none give bricfdcscriplion)' SNR 97 11 /' Petitioner: (Name & Address): .Mr, Frank W, Cooper, V.P,, Nodhbr~kc Development, ltd., Bonita Grande Hc~t¢l CQrp~rntign, 415g Lorraine A_vcnu_c~ple~.,.F!orida ,34104 Name & Address of an.',' person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) tlearing before XXX BCC BZA Other Newspaper(s) to tx: used: (Complel¢ only Ji'importanl): Based on advertisement appearing 15 days before hearing. XXX Naples Daily Ncs,.s Other [] Legally Required Proposed Text: (Include legal description & common location & Size: Petition No. $N3~-9771 I, Frank Cooper, Vice Presiden! _Nor~hbr~kc Dcvclo.pmcnt, Ltd., Boniln qran.d_Hot¢l Cor~__~_l~n. aS General Parlncr. r~ncsfine: a slrcc! name ~;han. ge from Iqoulcvard Ext_c_nsion, nodh 9f Immokalcc Ro_,qd. nnd only flm~ portion of Northhbrooke Drive norlh of ils interl;ecfi0n Io Cvpr¢$.~ Woods ~, in Sections_tR. 19 & 20~Townshi~ 4,g Soufl'~. IL'~nee 26 East, ,Collier Cgunty, Florida. . Companion petition(s), if any & proposed hearing date: Dc, cs Petition Fcc include advcaising cost? [] Yes [] No If Yes. what account should be charged for ad,,'crtising costs: ! 13-13~3234,491 I0 P, cvicxvcd by: Approved by: Divis{o,~ tie:id Dale County Manager Date Lisl AtlnchmcnlS: DISTRIBUTION INSTRUCTIONS For hearln,,.:,s bcfi,'c BCC or BZA: Inltlathtg person Io complete one coy and obtain Dis'islnn lie.ad apprm'al hcfi~re suhmittin,,.:, tt~ County Manager. Note: It' leg:il document is involved, be sure that any ncccss~,r'2,.' legal review, or request for same, is st,hmltted to Count)' Attorney befl~re submitting to County Manager. The Manager's office will dlstrlb~te cnples: [] Count)' M3nager agenda file: to Clerk's Office [] Requesting Division [] Original Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for FOil CLERK'S OFFICE USE ONLY: Date Received: ,/.~-;.~/,'~(/27 Date or Public hearing: ///27./.~,f" Date Advertised: ~ OF PAGES (including this cover) 2 lllllllllllllllllilllilllllllllllllllllllllllllllllllllllllllll MS. JUD I77l LOCATTON: NAPLES DAILY NEWS FAX }~O.: 263-4864 ' lllilllllilllllllilllllllllllllllllllllllll'liilllllllllllllllll I oi-o~ ./ Ol-O5 ? FROM: ELLIE HOFFMAN - MINUTES & RECORDS L_ LOCATION: Collier County Courthouse FAX ~O: (813) 774-8408 PHONE 'NO: (813) 774-8406 10:56 11:09 16:51 15:55 10:29 00°06'17 00°00'56 00°00'43 00°01'39 00°01'53 +9d14032312 95141371 9412626d55 941 995 0823 9263a864 Time sent: ...[ January 2, 1998 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SNR-97-11 Dear Judi: Please advertise the above referenced notice one time on Sunday, January 11, 1998, and kindly send the Affidavit of Publication, in duplicate, together wJ.~h charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800551 'i2C 2"' NOTICE OF PUBLIC HEARING. Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 27, 1998, 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 SNR-97-11, Frank Cooper, Vice President of Northbrooke Development, Ltd., Bonita Grand Hotel Corporation as General Partner, requesting a street name change from Oakes Boulevard Extension, north of Immokalee Road, and only that portion of Northbrooke Drive north of its intersection to Cypress Woods Boulevard in Sections 18, 19 & 20, To~ship 48 South, Range 26 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 CO~ISSIONERS COLLIER COUNTY, FLORIDA TI~4OTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) 2 ~ January 2, 1998 Mr. Frank W. Cooper, V.P. Northbrooke Development Ltd. Bonita Grand Hotel Corporation 4158 Lorraine Avenue Naples, FL 34104 Re: Public Hearing to Consider Petition SNR-97-11 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 120 2 RESOLUTION }lO. 98- RESOLUTIOn; ~ENA24ING OAKES BOULEVARD EXTENSION LOCATED I~I HU~;TINGTON SUBDIVISIO~I, WHICH STREET IS LOCATED ~IORTH OF IMMOKALEE ROAD, AND O:~LY THAT PORTION O? NORTHBROOKE DRIVE ~;ORTH OF ITS INTERSECTION WITH OAKES BOULEVARD EXTENSION TO "CYPRESS WOODS BOULEVARD" ALL BEING LOCATED IN SECTIONS 18, 19 & 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board cf County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of Oakes Boulevard Extension and only that portion of Northbrooke Drive north of its intersection with Oakes Boulevard Extension to Cypress Woods Boulevard. These streets are located in Section 20, Township 48 South, Range 26 East, Collier County, Florida, Huntington _Subdivision, according to the plat thereof, recorded in Plat Book 24, Pages 75-76 , of the Official Records of Collier County, Florida, for Oakes Boulevard Extension; and that portion of Northbrooke Drive, a public right- of-way, that is north and west of the intersection with Oakes Boulevard and located in Section 18 & 19, Township 48 South, Range 26 East, Collier County, Florida. WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to con_~.m=~ the name of this street, ~OW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~I~.!ISSiONERS OF COLLIER COUNTY, FLORIDA: The names of Oakes Boulevard Extension and of only that portion of ~;orthbrooke Drive north of its intersection with Oakes Boulevard Extensicn are hereby changed to Cypress Woods Boulevard and are confirmed as such. BE IT FURTHER RESOLVED tha= this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. 12C This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjo~jie M. Student' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman f/SNR-97-1 ! RZSOLUT I O~/ 12C 2' NapLes, FL 339~0 Affidavit of PubLication NapLes DaiLy Ne~s BOARD OF ATTN: flAHCY SALOGUB PO BOX 413016 NAPLES FL REFERENCE: 001230 800551 576213~ ~TICE OF PUBLIC HEA State of FLorida County of CoLLier Before the undersigned authority, personaLLy appeared B. Lamb, who o~ oath says that she serves as the Assistant Corporate Secretary of the NapLes DaiLy Nevs, a daily nevspaper published at NapLes, in CoLLier County. FLorida: that the attached copy of advertising vas published ~n said nevspaper o~ dates Listed. Afff&nt further says that the said NapLes DaiLy Nays is a newspaper published at Naples, in said CoLLier County, FLorida, and that the said neuspaper has heretofore been continuousLy published in said CoLLier County, FLorida~ each day and has been entered as second class matter at the post office in IlepLes, in said Co~Lier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says tha: she has neither paid promised any person, fire or cca=,oratton any disco~nt~ rebate, commission or refund for the purpose of securing this advertisement for publication in the said nevspaper. PUBLZSHEO ON: 01/11 AD ~PACE: 64.000 JNCH F~LLO ON: 01/12/98 Signature of Affiant ~ · / '~ '~ ......... * ........................... S.orn to and Subscribed before me this ~ ~ ,, day of PersonaLly knovn by me ' ,,,/,-;,. ~ .'. NOTICE OF PL,'~.JC F'I~ARING Notice I% hereby Cornm1%sloner$ of ~1~ rl~ O~ TUESOAY~ JANUARY ~, I~, J~ ~ Ce~, 3~1 E~t Tom~ mi Tr~l, N~le~ The me~ will ~gln ~ ~ A.~. P~ SNR-~.11 C~er, VIce Pres ~ ~ Northbrooke Oeveloe. ~kS ~ulev~d Exte~ ess W~S ~e~d F~I~ An I~er~ted ~ r~ster ~ ~ ~ ~ ~a ~ to ~e ~K CO~MISS~S COLLIER COUNTY~ TIMOTHY ~ HA~, CHARON DWIGHT E, BROCK, C~RK PLANNING SERVICES DEPARTMENT MEMORANDUM TO: Barbara Pedone, Executive Secretary County Administrator's Office FROM: Ross Gochenaur, Planner I DATE: 5 February 1998 RE: SNR-97-11 This petition was heard by the BCC on 27 January and a decision was made to table the petition until the 24 February meeting. The petitioner has decided to withdraw the petition (see attached letter). Please return the Executive Summary to either Johnnie Gebhardt or me. Thank you for your assistance. cc: Johnnie Gebhardt Maureen Kenyon Cecilia Martin Feb 04 98 OB:25a B. HooveP (94! ! 40:3-9009 HOOVER PLANNING SHOPPE Rewntngs, PUD'~, Site Dev. Plans, Affordable Housing, Comh'ttonal Use~, Trafflc/ParMng/Zontng Studies and Variances (In Collier & Lee Countles) February 3, 1998 Ross Gochcnour Current Plarm/ng 2800 N. Horseshoe Drive Naples, FL 34104 RE: Withdrawal ofPetition SNR-97.11 Dear Ross: Per the request of Frank Cooer, the petitioner, we hereby request that the subject petition to rename pordons of Northbrooke Drive and Oakes Blvd. to Cypress Woods Blvd. b~ withdrawn. Based on County Attorney David Wiegel's comments at the last hearing this would preclude us from needdng to be et thc 2-24-98 BCC Hearing for the subject petition since the County Commissioners could not actually rename the 2 roadway segments Oakes Blv& North without Frank Cooper'$ permission. If this is not County staffs understanding, please contact mc as soon as possible. Sincerely. HOOVER PLANNING SHOPPE William L. Hoover, AICP cc: Frank Cooper I.-IPS File# 155-A.21 5051 Castello Drive, Sulte 220, Naples, Florida 34103 Phone 941-403-8899 COI,LIER COUNTY FLORIDA ~.: j:: - RI-;Q UEST FOR LEGAL ADVERTISING OF PUBLIC II£ARINGS 1'o: Clerk Io llle Board: Please place Ihe following as a: ~KX Normal leg.al Advertisement (Display Ad,,'.. location, crc.) [] Other: Petition No. (I f none, give brief description): HD:97-2 Petitioner: (Name & Address): ~'ollicr County tlis.!odo1/Arch¢¢919gignl Prcsen,'nti0n Board, 3301 East.Tamlami Trail, Naples, Florida 34104 Name & Address of any person(s) to bc notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr, Barrett M, blorr~, 151 S. tnalhvc~xt_D_riv__e,_C. Jl_o~0L~s_ke_e~.lor__ida ;14138 , tlearing before BCC XXX BZA Other Requcs,cdllcari,lgdate: LI._~.-."~. /q ~ , Based on ad,'crfisement appearing l~ days before hearing. Newspaper(s) to be u~d: (Complete only if irnporlant): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & common location & Size: _?.cthion No. 1ID-97-2 Collier C_.q~n. tv Historic Os~ _Arclm~'.ologicnl Prcscrv:tfion Bonrd_~r_cq!tc.s._i[n_g to have the Board o/County Commissioners officiallvdc_siv, na~e a Calusa Indi_nn archaeoloeical mount/shell work cornplcx as hi~Lori.enllv sieln, ifican[ and represents an imporlant record of Chokoloskcc.~$ and the Ten Thousand lsland's~p.~c_lLis, to~ri~_~h~.c for p~I'4', My Iocn!e.d on lh¢ $outh.e,'lst comer of ~;mqlJs.%'gc;x:l Drive a.nd Chokoloske¢ Drive f,_~tmhcr described .as..Pilrcel_s 81 and 10g (OR, 22.19. Page 23.11') in Section 31, T0ssm~;hip .~3 $0uIh, Range 30 E~qst Companion pclition(s), if any& proposed hearing date: Does Petition Fcc include advertising cost? ~cs [] No If Yes. v, hat account should be clmrgcd for advertising costs: 113-138323-6491 I0 Division Head Dalc County Manager Date List Atlachmcnts: I) ISTR I BUTION INSTRUCTIONS For hearings l~cforc BCC or IIZA: l,fiti;tting l)cr.son Io complete one co)' anti obtain Division llcad al)plural before 4 suhmitting to County Manager. Note: If leg:ti document is involved, be sure that any necessary legal review, or request for same, is submitted to Connty Aftra'ney before submitting to County Manager. The Manager's office will distribute Col)les: [] Count)' M:m:lger :tgcntl:t file: lo [] Requesting Division [] Original Clerk's Office B. Other hearings: Initiating DMsion head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE O,NLY; Date Received: .///~_ .,; ,/9 .? Date of Public hearing: ,./,/a. 7/~/'- Date Advertised: //~//.,°'~ (including this cover) 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TO: ~. JUDYTH FI~NAfiAN LOCATION: NAPLES DAILY NEq. fS fA/( NO.: COKPLENTS: 263-4864 Ro: ~/'_~.~.__,V'~..,.~ ///~ _ >';,'. ~. !I111I!11111111IIIII11IIIIIIIIIII11111IIIIIIII11IIIIIIIII!II111 FROM: ELLIE HOFFMAN - MINUTES & RECORDS LOCATION: Collier County Courthouse FAX }{O: (813) 774-8408 , P}IONE'NO: (813) 77&-~&06 12-191 16:59 ~O" ~1'33 12-22 { 15:31 0o."01'54 92634864 424J OK ~3 L_ ' . , ' Time ato --ent: /.?/~,_.~/~:' December 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition HD-97-2 Dear Judi: Please advertise the above referenced notice one time on Sunday, January 11, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800551 NOTICE OF PUBLIC HEARIMG Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 27, 1998, 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 HD-97-2, Collier County Historic and Archaeological Preservation Board, requesting to have the Board of County Commissioners officially designate a Calusa Indian archaeological mount/shell work complex as historically significant and represents an important record of Chokoloskee's and the Ten Thousand Island's prehistoric heritage for property located on the southeast corner of Smallwood Drive and Chokoloskee Drive, further described as Parcels 81 and 108 (O.R. Book 2249, Page 2341) in Section 31, Township 53 South, Range 30 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. 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 COM~4ISSIONERS COLLIER COUNTY, FLORIDA TI~4OTHY L. HANCOCK, CHAIRMAN DWIGHT E o BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 22, 1997 Collier County Historical/Archaeological Preservation Board 3301 East Tamiami Trail Naples, FL 34104 Re: Public Hearing to Consider Petition HD-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure .Z December 22, 1997 Mr. Barrett M. Morris 151 Smallwood Drive Chokoloskee, FL 34138 Re: Public Hearing to Consider Petition HD-97-2 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION 98- A RESOLUTIOM DESIGNATING A CALUSA INDIA~! MOU~ID/SHELL WORK CO~PLEX, LOCATED ON THE MORRIS PROPERTY IN CHOKOLOSKEE AS A HISTORICALLY SIGNIFICANT ARCHAEOLOGICAL SITE, PURSUAMT TO THE COLLIER COUNTY HISTORIC/ARCHAEOLOGICAL PRESERVATION REGULATIOHS AS PROVIDED FOR IN THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHEREAS, the Board of County Co~.nissioners of Collier County adopted Ordinance ~Io. 91-70, the Historical/ Archaeological Preservation Ordinance, on August 7, 1991, and subsequently incorporated this Ordinance into Section 2.2.25 and Div. 5.14, Collier County Land Development Code, Ordinance No. 92-102; and WHEREAS, the Board of County Co~nissioners of Collier County seeks to recognize the importance and significance of Collier County's historical heritage, and to this end has enacted regulations to protect, preserve, and perpetuate Collier County's historic and archaeological sites, districts, structures, buildings and properties; and WHEREAS, Sec. 2.2.25.5, Land Development Code, provides for official designation of particular sites as historically significant and Sec. 2.2.25.6 provides regulations to maintain the historic charaster of officially designated properties; and WHEREAS, the Collier County Historic/Archaeological Preservation Board reviewed and considered the historic designation of a Calusa indian mound/shell work complex located on the Morris Property in Choko!oskee at a public meeting held for that purpose; and WHEREAS, the Preservation Board voted to nominate the Calusa Indian mound/shell work complex located on the Morris Property in Chokoloskee to the Board of County Commissioners for official designation in recognition of the important role played by the Ca!usa Indians in the early settlement of Chokoloskee and the Ten Thousand Islands area while the mound/shell work ccmplex located on the Morris Property represents an importan% record of Chokoloskee's prehistoric heritage; and WHEREAS, the Preservation Board hereby forwards said nomination to the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Collier County, Florida, that: In recognition of its important and significant place in the historical heritage of Collier County and South Florida, the property co~only known as the Morris Proper~y and legally described as: Lots 4 and 5 as listed in O.R. Book 2249; P~ge 2341 in Section 31, Township 53 South, Range 30 East, Collier County Florida. is hereby designated as an historic site. BE IT FURTHER RESOLVED that the Morris Property shall hereafter be subject to the Historic/Archaeological Preservations Regulations of the Land Development Code as they pertain to historically designated property, including all applicable incentives and restrictions. This Resolution adopted after motion, second and majority vote. Done this day of ATTEST: , 1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: Chairman Approved as to Form and Legal Sufficiency: ~:arjor~e M. Studen~ Assistant County Attorney f/MD-97-2 ~esolution -2- Naples Oa~Ly Affidavit of .aples Daily E~A~D OF CO~TY COfl~SS~IERS ATTfl: NAflCY SALOGU~ PO BOX ~13016 NAPLES FL REFERENCE: 001230 8005Sl 57620327 tK)TICE OF PUBLZC HEA State of FLorida County of Collier Before the undersigned authority, personalty appeared B. Lamb, vho on oath lays that she servel as the Assistant Corporate Secretary of the Naples Oatty tiers, a daily nevspoper published at Naples, in Collier Countyt FLorida: that the attached col~/ of advertising vas pubLfshed newspaper on dates Listed. Affiant further says that the sa~d NapLea Daily Ne~s is a newspaper published at tlapLes, in said Collier County, FLorida, and that the sa~d nevspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered aa second class ~ail eatter at the post office in Naples, in said Collier County, FLorida, for a period of I year next preceding the first pubLtcatic~ 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, co~tssto~ or refund for the purpose of securing this advertisement for publication in ~he said nevspaper. PUBLISHED ON: 01/11 AD SPACE: 71,000 INCH FILEO ON: 01/12/98 S~orn to and Subscribed before ee this ~ day of /~ · /,~., .~ Person. by ' ,..5 / / NOTICE OF PUI~L lC h~[ARING No, ce IS, hereby Comml~,,~:)nefs a~ ~1~ he~l~ on TUESOAY~ JANUARY ~, 1~, Ce~, 3~1 Emi T~b ~ ~ The ~d c~l~ P~ H~-~ ~ ~c~ Pr~ flc~ ~ a ~ In~la~ orchaeologlcol ~1~11 e ¢~ ~ re~ k~s rec~d ~ ~ ~ T~ corner of Smollwood ~lve ~ r~l~er ~ ~ ~ ~d ~ ~ o r~ c~d ~ ~ BOIRD OF COUNTY COLLIER COUNT~a FL~ OA TIMOTHY ~ HA~, CHAIRMAN DWIGHT E, BROCK~ CLERK C~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clcrk to the Board: Please place the following as a: XXX Normal legal Advcnisemcnt [] Other: (Display Ad,,'.. location, etc.) Pctition No. (If none. give brief dcseriplion): $V-97.2 Petitioner: (Name &Address): Lc!',' Dcx'¢10pmcnt Corl~oration. ~g25 Ea~;; Tamia.mi Tr0il, Naples, FL ,'14113 Name & Address of any person(s) to be notified ~' Clerk's Office: (If more space is needed, attach separate sheet) Wiley M, Parker, Ert/'ker,/Mud~z¢It/Smi h Architegls. 2030,B ',Vest First Slrect. Fl. Myers. FL It=ring before BCC XXX BZA Olhcr Ne't~.'spaper(s) to be used: (Complctc only ifimporlanl): XXX Naples Daily News Other [] Legally Required Proposed Tcxl: (Include legal description & common location 8:. Size: ..Pgliti0n No. SV-97-2, Wiley M, Parker of parkedMudgcll/$mith Architecls. rcl~resenling Lely D~.'elol~ment Corl~ration on l~half g?f Edison Community Colle~.e. re~luestinl~ variance from lh¢ rcquircmcnl~; 9f $¢cli0n 2,5.5.2,3,12 ~flhc LDC f~r a 20 fool high doublq-fagcd ~ff-premi.~'~; ¢iretni~nql $iffn. wilh a ¢oI:~, area of 72 ~uar¢ feet Iocalcd at Ibc inlcr~ction of Islc or Cal~ri Road (C.R. 951) and 1.8:ly Cultural Parkwav riehl-of-way, in Section 22. Townshit~ '~0 South Ran~.c 26 EM;I, Companion petition(s), if any & proposed hearing date: Does Pctition Fcc include aclvcnising cost': [] Yes [] No Il'Yes. sshat account should be chargcd for advertising costs: ! 13-138323-6491 I0 Reviewed by: Approved by: Division Head Date ,' / Count:,' Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Dh'islon tIead approval before submitting to County Manager. Note: If legal document is |nvoh'ed, be sure that any neces.narv legal review, or:request for same, is submitted Io County Attorney before submitting to County Mans ger. The Manage~"s ol'fiee will dlst~ibute copies: [] Count)' Manager agenda file: Io [] Requesting Division [] Orlglnal Clerk's Office B. Other heatings: Initiating Division hm'~d lo approve and submit original to Clerk's Office. relaining a copy for file. FOR CLERK'S OFFICE USE ONLY: iiii~i! Date Received: /,~/~/Y"/ Date ofPublic hearing: ,'/~ 7//~j' DateAdverlised: /~7/! t/P,~~ (.t.~=l.~:U~g. ~ cave~) liillllillllliillilllllllililliliilillllliillillillllllillilili m liillllliilllllllllilllllllllllllllllllllillillllllllllllllllll · LOCATIO~ ~01~'~0: ELSIE HOFF~A~ - ~/flr~S & RE¢0R~$ Collier County C.o~rthouse (813} 774-8408 , 774-8606 495 [ 12-05[ 15:30 [ 0~01 56 19263a86d December 5, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition SV-97-2~ ('-~" ...... Dear Judi: Please advertise the above referenced notice one time on Sunday, January 11, 1998, and kindly send the Affidavit Publication, in duplicate, together with charges involved this office Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 27, ~ 9998, 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 SV-97-2, Wiley M. Parker of Parker/Mudget/Smith Architects, representing Lely Development Corporation on behalf of Edison Community College, requesting a variance from the requirements of Section 2.5.5.2.3.12 of the LDC for a 20 foot high double faced off-premises directional sign with a copy area of 72 square feet located at the intersection of Isle of Capri Road (C.R. 951) and Lely Cultural Parkway right-of-way, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prio~ to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may ne~d 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 COM~ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 5, 1997 Mr. Wiley M. Parker Parker/Mudget/Smith Architects 2030-B West First Street Ft. Myers, FL 33901 Re: Public Hearing to Consider Petition SV-97-2 Please be advised that the above referenced petition will'be considered by the Board of County Commissioners on Tu~ January 27, 1998, as indicated on the enclosed notice. legal notice pertaining to this petition will be published/in the Naples Daily News on Sunday, January 11, 1998. ?~. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 5, 1997 Lely Development Corporation 8825 East Tamiami Trail Naples, FL 34113 Re: Public Hearing to Consider Petition SV-97-2 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 1998, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published the Naples Daily News on Sunday, January 11, 1998. ~ You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 9 ~ RELATING TO PETITION NUMBER SV-97-2, FOR SIGN VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations'~ for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted 8oard of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of variances from the requirements of 2 one-sided off-premises directional signs with a copy area of 12 square feet each and a maximum height of 12 feet to allow for one 20 foot double-faced off-premises directional sign with a copy area of 72 square feet, as shown on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a ma~ter~ of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Lan~ Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: -1- The Petition SV-97-2 filed by Wiley M. Parker of Park/Mudget/Smith Architects, representing Lely Development Corporation on behalf of Edison Community College with respect to the property hereinafter described as: Exhibit "B" be and the same are hereby approved for variances from the .... ~'~ requirements of 2 one-sided off-premises directional signs with a ~.-~ copy area of 12 square feet each and a maximum height of 12 feet to allow for one 20 foot high double-faced off-premises directional sign with a copy area of 72 square feet as shown on the attached plot plan, Exhibit "A", in a PUD zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number SV-97-2 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote ..... Done this day of --, 1998. ATTEST: DWIGHT E. BROCF, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: Assistan~ County Attorney f/sv-9?-2 -2- L.,~ ¥0 u"'r 4 AC..T X' 47"i'" F- l f SI E::h ibl t F-..LF-.V^"T'IoS'¢ F~ k REAR Iqrr14 TExTUCI~I~ ' ¢ll41fH "A" I SIGN AT COtUER COUNTY ROAD 951 & LELY CULTURAL )01 EDISON COMMUNITY COLLEGE?~APLE$ 28 MARCH I Tract '33'. L~ J~ofl ~ T~o, P~ Book II, fMeet 4J4~, I CM, Z~e_o~'mOCdULLO~ d'LJ.,42. BOARD Of COOtITY COHH~SSXOFl£RS ATTN: NAUCY SALOGUB PO BOX ~13016 NAPLES FI. 34101-3016 REFERENCE: 001230 800~51 57621551 IIOT~C£ OF PUBLIC HEA State of FLorida County of Cattier Before the undeestgned ~thorlty, perloeitty m~peared B. La~, ~ ~ ~th ~ayt t~t s~ ~erve~ as the ~sst~tant Cat.rate Secretary of t~ in CoLLier C~ty, florida: th4t t~ IttlC~ c~ of ~vertttt~ wes ~[tsh~ ~ Slid Afft~t further ~ays t~t the said ~[es Ditty Collier C~ty, FLorida, a~ that the said ~spa~r has heretofore ~ ~bt~ ~n sa~d Co~er C~ty~ F[or~ each day a~ ~s ~ ~ter~ as ~ec~ class ~tter at the ~st of~ce ~n ~a~:e~, ~n sa~d Cot:~er C~ty, ~tor~da, for a per~ of ~ ne~t p~ec~ t~e f~rst ~t~cat~ of the attached c~ of ~veet~seee~t; and further says t~t she ~s ~e~thee ~d ~e proe~s~ a~y ~r~ f~re or c~ratt~ any d~sc~t~ re~te, c~{s~ or ~ef~ foe ~r~se of secur~ t~s ~ve~t~seeent for ~b~cat~ ~n t~,e sa~d PUeLLSHED Off: 01/11 Al) SPACE: 67.000 ILltH FZLEO Off: 01/12/98 t ? Svorn to and Subscribed before me this / '., day of '/L'O~ Personally known by ,e / .. v':.,/. , _ ~.L ..~ .~,, / heorln~ ml TUESOAY Fk)rk~ ~c~dln wr~tn~ to penmm~ ~eto, ~r~e, ~ ~ ~e ~ o BOARD OF COUNTY COLLIER COUNTY~ FLORA TlfaOTHY ~ CLERK u~ CI~ "/, ;,?~,Li~.., februarl/19, ~ RESOLUTION NO. 98-26 RELATING TO PETITION NUMBER SV-97-2, FOR SIGN VARIANCES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WIIEREAS, the County pursuant thereto has adopted a Land -~' Development Code (¢,rdinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said relulations made and provided, and considered the advisability of variances from the requirements of two one-sided off-~remises directional signs with a copy area of 12 feet each and a maximum height of 12 feet to allow for one 15 foot high double-faced off-premises directional sign with a copy area of 72 square feet, as shown on the attached plot plan, Exhibit "A" in a PUD zone for the property hereinafter described, and has found as a matter ~ of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SV-97-2 filed by Wiley M.~' Parker of Park/Mudg Architects, representing Lely Development Corporation on behalf'of Edison Community College with respect to the property hereinafter described as: ~. · :~ii Exhibit "B"~: ~:;%'~ be and the same are hereby approved for variances from the requirements of two one-sided off-premises directional.signs~W] a copy area of 12 square feet each and a maximum height of 12 feet to allow for one 15 foot high double-faced off-premises directional sign with a copy area of 72 square feet as shown the attached plot plan, Exhibit "A", in a PUD zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Numbe SV-97-2 be recorded in the ~inutes of this Board. This Resolution adopted after motion, second and majority'{ Done this ~ day of ATTEST: DWIGHT E. BROCK, ~lerk BOARD OF ZONING APPEALS COLLIER COUNTY, [DA Approved as to Form and Legal Sufficiency:i, udent Assistant County Attorney I~ ¥ou'1- ~ 1 EDISON , ~ COMMUNITY COLLEGE . I -J LtT' PARKER/MUDGETT/SMITH ARCHITECTS, INC. 2030-B W. 1ST ST. FT. MYERS, FL 33901 (941! 332-1171 FAX [941! 332-3537 SIGN AT COLLIER COUNTY ROAD 951 & LELY CULTURAL PARKWAY ~ EDISON COMMUNITY COLLEGE L NAPLES, 52015 ,:~ -; ' J 28 MARCH Book II. pq~ 43.4S, Exhibit COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARING$ To: Clerk to Ibc Doard: Please place Ihe follo,'ing as a: XXX Norm.al legal Advertisement (Display Ad,,'.. location, crc.) [] Olher. .::: Originating Dcpt/Div: Comm. Dev. Serv./Planning Person Petition No. (If none, give brief description): CU-97-21 Petitioner: (Name & Address): Richrd 8: Tcrc.~ Yahl. 191g 40n Tcrrnc¢ SW. Naolc$, FL ;~41 lfi ' Name & Address ornny ~r~n(s) to ~ nolified ~ Clerk's O~ce: {lrmo~ spa~ is n~ed. a~lach ~pam~e sh~l) ~vcr. AICP. H~'cr Plannin~ Shop~. ~()51 Caslcllo Drive ~220. Naolcs. ~ 34 IO3 nnd Bcnu Kecne. P.E.. 2~0 A~at{o, D~ve. ~les. F! 34104 lt{earlng before BCC XXX BZA Otb/er Requestedtlemring~tc: I /0'7 / ?8 BascdonadvcrliscmcnlappcadnglSdaysbefor~h=rin8. Newspaper(s) Io be used: (Complete only ifimporlant): XXX Naples Daily Nmvs Other [] Legally Required Proposed TexT: (Include legal description St. common location & Size: .~.il9 no~lh of Alliga!Pr Alley (S,R, gl). in Segtign ,'t j. Townshio 49 Soulh. Rnm, c 27 Eas'L Collier County. Florida. consislinR or 5.19 acres, marc or less. : Companion petition(s). if any & proposed hearing date: Docs Petition Fcc include advertising cost? [] Yes [] 113-138323..649110 Re~4ev,'cd by: Division Head Date List AItachmcnts: No if Yes. wlmt account should be charged for advertising costs: Approved by: ',' .... :?":' County Manager , ':~ Date , ,~ ~, DISTRIBUTION INSTRUCTIONS ;' A. For he-,rings before BCC or BZA: Initiating per, on 1o complete one coy and oblaln Division llead approval submitfinl~ To County Manager. Nole: If legal documen! is involved, be su~ lhat ~n~ n~essu~ legal for same, is suhmilled Io Courtly Allomey before submilfinff Io Counl~ Manuger. ~e ~anager'~ o~ee will copies: ~ Counly Manager agenda file: to ~ Requesting Dh'islon ~ Orlglnal Clerk's Office B. O,her h=dng,: Initiating Divi,ion h=d ,o approve and mbmi, original t0 Clerk'~ omc~'m=ining a FOR CLERK'S OFFICE USE ONLY: ~, ,~:~ ..... '~ ~13A 111111111111111111111111111111111111111111111111111111111.111111 ilili!i1111111111111111111111111111111111111iliii11111111111111 48'7 4E~ 49~ I:~O1TB 12-01 15:47 12-82 12:26 12-03 13:15 12-03 13:18 00~ 01' ~0I 1926~86d (~x~'Ol'4S IS26~4 068C~1'7 ~C~12 =ant:: sent:: December 3, 1997 ~4So Judith Flanagan Naples Daily News 1075 Cent rs 1 Avenue ~ !i?~ Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-97-24 Dear Judi: Please advertise the above referenced notice one time on · Sunday, January 11, 1998, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 800551 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissloners'ot Collier County, will hold a public hearing on TUESDAY, JANUARY 27 1998, in the Boardroom, 3rd Floor, Administration Building, Collier . County Government Center, 3301 East Tamiami Trail, Naples, The meeting will begin at 9:00 A.M. The Board will consider CU-97-24, William L. Hoover, AICP, of Hoover Planning Shoppe and Keene, P.E., representing Richard & Teresa Yahl, requesting Conditional Une "2" of the 'A" zoning district for mulching and horticultural recycling for property located on the south side of Washburn Avenue S.W., approximately 1/4 mile north of Alligator Alley (S.R. 84 Section 31, To,,~ship 49 South, Range 27 East, Collier Count Florida. consisting of 5.19 acres, more or less. Ail interested parties are invited to attend, to register and to submit their objections, if any, in writing, to the Board to the public hearing. Any person who decides to appeal a decision of the Board wi~ a record of the proceedings pertaining thereto, and there to ensure that a verbatim record of the proceedings is made record includes the testimony and evidence upon which the appeal be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY Lo HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 3, 1997 Richard & Teresa Yahl 1918 40th Terrace SW Naples, FL 34116 Re: Public Hearing to Consider Petition CU-97-24 Dear Petitioner: Please be advised that the above referenced petition will considered by the Board of County Commissioners on Tu~ January 27, 1998, as indicated on the enclosed notic~ legal notice pertaining to this petition will be published the Naples Daily News on Sunday, January ll, 1998. You are invited to attend this public hearing. · ,/~-~ Sincerely, Ellie Hoffman, Deputy Clerk Enclosure xc: Mr. William L. Hoover Beau Keene December 3, 1997 Mr. William b. Hoover, AICP Hoover Planning Shoppe 5051 Castello Drive, #220 Naples, FL 34103 Re: Public }{earing to Consider Petition CU-97-24 Dear Petitioner: ''~ ~ .... ~ ........ ~,~ ,~ ~ Please be advised that the above referenced petition considered by the Board of County Commissioners on Tue: January 27, 1998, as indicated on the enclosed notice. legal notice pertaining to this petition will be publishedi!: the Naples Daily News on Sunday, January 11, 1998. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure xc: Richard and Teresa Yahl Beau Keene December 3, 1997 Mr. Beau Keene, P.E. 240 Aviation Drive Naples, FL 34104 Re: Public Hearing to Consider Petition CU-97-24 Dear Petitioner: Please be advised that the above referenced petition will considered by the Board of County Commissioners on Tuesday; January 27, 1998, as indicated on the enclosed not: legal notice pertaining to this petition will be the Naples Daily News on Sunday, January 11, 1998.~ You are invited to attend this public g. Sincerely, ..... i~' 'i ' Ellie Hoffman, Deputy Clerk Enclosure xc: Mr. William L. Hoover Richard & Teresa Yahl RESOLUTION 97- ~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF SAWMILLS (MULCHING AND HORTICULTURAL RECYCLING), CONDITIONAL USE "2" IN THE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP~:?~! 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statures, has conferred on Collier County the power to establish, coordin~te and enforce zoning and such business regulations as are necessary for protection of the public; and -L~ WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisabilit Conditional Use "2" of Section 2.2.2.3 in an "A" zone for sa~amills (mulching and horticultural recycling) on the property hereinaft described, and has found as a matter of fact (Exhibit "A"; that satisfactory provision and arrangement have been made concernin~:"~ applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Col] County Planning Commission; and WHEREAS, all interested parties have been given opportunity be heard by this Board in a public meeting asse~led and the having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING Collier County, Florida that: -1- The petition filed by William L. Hoover/~ICP'~f ~oover.P: Shoppe and Beau Keene, P.E., representing Richard and Teresa'! with respect to the property hereinafter described as: Exhibit "8" which is attached hereto and incorporated b reference herein ~'~ii~..~ be and the same is hereby approved for Condition~I Use '2 2.2.2.3 of the "A" zoning district for sawmills (mulchin¢ horticultural recycling) in accordance with the Conceptual Mastez Plan (Exhibit "C") and subject to the following conditfo Exhibit "D" which is attached hereto and incorporated ~ reference herein. BE IT ~JRTHER RESOLVED that this Resolution be recorded minutes of this Board. This Resolution adopted after motion, second and majority Done this day Of ., 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: '~ TIMOTHY L. HANCOCK Chairma~ ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney t/cu-;?-:4 Exhibit A':~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-24 The following facts are found: 1. Section 2.2.2.3.2 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other pro'. or uses in the same district or neighborhood because of.. A. Consistency with the Land Development Code and Grc Management Plan: Yes No B. Ingress and egress to property and proposed thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and~ control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended approval ,. DATE: CHAIRMAN: f/CU-97-24 FINDING OF FACT CHAIRMAN/ Exhibit B Legal Description of Subject Property The North Half of the Northeast Quarter o£the Southwest Quarter ofthe Qumer of Section 3 I, Township 49 South, Range 27 East, Collier County, Florida £xh~b~ C C~_.. TERESN Y_..AIIL CHIHG & RI CONDIT~ONAI, USg; H A.,~r'~ R PLAN KEEJ~ ENG~E-ERIN$ Exhibit D Page 1 of 2 Petitioners agree to develop and maintain the project based on thc following ]/mitations:~ i ) Recycling operations would be limited to horticultural waste, including the stock. piling of logs for making lumber. 2) The tub grinder would only operate between 8:00 A.M. to 5:00 PJM through Friday. Additionally, the tub grinder would not operate on days classified as holidays for Collier County employees. 3) Dump trucks that are stored overnight on the premises would be limited to those owned by the YaM family or those directly engaged in hauling horticultural waste to thc site or mulch off-site ..... 4) A maximum of 15 dump trucks and 45 roll-offs would be stored on the premises at any time. 5) On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline Storage tanks are not permitted. However gasoline storage containers up to 5 gallons in size are permitted for yard work, etc. 6) Maintenance and repair services to dump trucks, roll-offs, and the endloader be Iimitcd as follows: {a) Dispensing ofdiesel fuel and oils. {b) Servicing ofspark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair, and installation oftires. Recapping/rcgroov/ng of tires and wheel alignments are not permitted. Replacement of water hoses, fan belts, brake fluid, light bulbs, fuseS, wiper blades, grease retainers, wheel beatings, shock absorbers, exhaust systems, and similar items. ed) Provision of water, antifreeze, flushing of the cooling system, air condition recharge, and the like. ( 0 Washing, buffing, and steam-cleaning. (g) (h) Servicing of fuel pumps and fuel lines. Minor servicing of carburetors and fuel injection Exhtbft (~) O) D page 2 oE,'2 em) (n) Elcctrfcal ~ring repairs. ,?,.%,. ~., ~, Providing repair and replacement of brake rotors, Minor motor adju~mcnts not invol¥~ng remora Lubrication, engine oil changes, ~n Ol changes. ~ - ~ Minor welding and minor rcpainting but not flame strai repainting. The removal of engines, transmissions, rear dif'fl drive units shall not be permitted. NapLeS, ~L 339/,0 Affidavit of PubLication HapLes DoiLy Pleus : BOARD OF COUtiTY ATT~: ~A~CY flAPL£S FL REFERENCE: 001230 800551 ~/ .... 5762050~ t~TICE OF PU~LZC HEA State of Ftortda County of CoLLier Before the undersigned authority, personally appeared B. Lamb, ~ on oath lays that she serves os the AlStStant Corporate Secretary of the NapLes Daily tiers, a dot[y newspaper published at Naptll, tn CoLLier County~ FCorida: that the attached copy of advertising Val published in said , ne~sp~par aa dates Ltlted. Affiant further says that the said NapLes Dot[y Cot[tar County, FLorida, and that the said nevspapet has h. etofore been continuously published tn said CoLLier County, Ftortcla, each- day and has been entered as lecond CLass ,mil matter at the post office tn ILap[es, in laid ColLier County, F[orida~ for i period of 1 year next preceding the first pub[Jcatioft of the attached copy of advertisement; mhd affiant further layl that she has neither paid nor promised arty parian, firm or coporation any dtlcourlt, rebate, co~mtssien or refund foe the purpose of securing this advertfsemeflt foe publication In the said nevspapee. PUBLZSHED C~I: 01/11 AD SPACE: 66.000 IHCH FILED OLd: 01/12/98 Svorn to and Subscribed before ma thts/JI day of' ~.. Perlonat[y knovn by me ~ ~,~ ra~ tO. reCYCling :FI ,,' COUN?~ RESOLUTION 98 ?::~ ~ '~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF SAWMILLS (MULCHING AND HORTICULTURAL RECYCLING), CONDITIONAL USE "2" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3-~ OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIPi 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY FLORIDA. WHEREAS, the Legislature of the State of Florida in Cha' 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, conferred on Collier County the power to establish, coordin~ enforce zoning and such business regulations as are necessar protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a.~ Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among wh] is the g£anting of Conditional Uses; and ~ · WHEREAS, the Collier County Planning Commission, being the appointed and constituted planning board for the area hereb~ affected, has held a public hearing after notice as regulations made and provided, and has considered the Conditional Use "2" of Section 2.2.2.3 in an "A" zone for sawmi] (mulching and horticultural recycling) on the property described, and has found as a matter of fact (Exhibit satisfactory provision and arrangement have been made concern applicable matters required by said regulations and in with Subsecticn 2.7.4.4 of the Land Development Code for~the County Planning Commission; and WHEREAS, all interested parties have been given opportunit be heard by this Board in a public meeting assembled andlthe having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZON: Collier County, Florida that: The petition filed by William L.:'H¢ AICP. of Shoppe and Beau Keene, P.E., representing Richard and Teresa with respect to the property hereinafter described Exhibit "B" which is attached heret0~and reference herein be and the same is hereby approved for Conditional Use 2.2.2.3 of the "A" zoning district for sawmills (mulching horticultural recycling) in accordance with the Conceptua3 Plan (Exhibit "C") and subject to the following conditions Exhibit "D" which ia attached hereto and incorporated b~ reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded minutes of this Board. adopted after motion, second'iand maJori This Resolution Done this __~ day of ~,:' BOARD OF ZONING COLLIES COUNTY, ~RIDA ATTEST: DWIGHT E. BROCK~Clerk ApproYed as to Form and Legal Sufficiency: rj~r~e M. Student Assistant County Attorney f/CU-97-24 RE.~OLUT ~ ON BY: %RA B. BRR! FINDING OF FACT COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~ :- · CU- 97-24 . The following facts are found. 1. Section 2.2.2,3.2 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affec the public interest and will not adversely affect othe: property or uses in the same district or neighborhood because of: Consistency with the Land Development Code an, 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 control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~.- No -. Affects neighboring properties in relation to noise, glare, economic or odor effects: -" No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use should with stipulations, (copy attached) (~mmt~ be.-. recommended for approval ?_ DATE: CHAIRMAN: CU-9~-24 FI~';DING OF FACT Exhibit Legal Description of Subject Property The North Half of the Northeast Quarter o£the Southwest Quarter o£the Quarler o£$¢ction 31, Township 49 $outk. Range 27 East, Collier County, 3~' r~ ii !i I 3. 4. 5. Exhibit D The property owner shall maintain a dumpster on site to properly dispose of solid The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used offsite. There shall be no permanent of solid waste on site. The portions of Crawford Avenue (fi.om its intersection with Landfill ROad) Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall be maintained by scra~in¢; She road a minim,m or t~o times per moro if needed nnd sprinkling l:he road at least; one time Thc tub grinder shall not be operated within 150 feet ofany propoW line. The maximum height of piles for muIch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. -' During maintenance or cleaning, the tub grinder shall only be operated with a tub, in place. There shall be a maximum of fifteen (I5) dump trucks and forty-five (45) mil. off containers stored on site. The tub grinder shall only be operated, maintained or cleaned between the hours of S:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on as holidays for Collicr County employees as well as Columbus Day. '~ ' On-site diesel fuel storage shall not exceed 500 gallons. On-site gasoline storage tan~ are not permitted. Gasoline storage containers up to five (5) gallons in size are for yard work. etc. Maintenance and repair services to dump trucks, roll..offcontainers and the endloader' shall be limited as follows. (a) Dispensing of diesel fuel and oils. Co) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installation of~ Recapping/regrooving of tires and wheel alignments are not (d) Replacement ofwaterhoses, fan belts, brake fluid, light bulbs, fuses, Wiper grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and simi (e) Provision of water, antifreeze, flushing oftheCooling SyStem, recharge. I0. II. 12. (f) Washing, buffing, and steam-cleanir (g) Servicing of'fuel pumps and fuel lines. ? (h) Minor servicing of'carburetors and fuel ir (i) Electrical wiring repairs. 0) Providing repair and replacement ofbrake rotors, and (k) Minor motor adjustments not involving removal of the head (I) Lubrication, engine oil changes, transmission oil changes, and oil/alt (m) Minor welding and minor repainting but not flame straightening (n) The removal of engineers, transmissions, rear differentials and C-wheel drive shall not be permitted. The tub grinder shall be equipped with a dust suppression operating at all times thc tub grinder is operating for the purposes of grinding horticultural waste. The stockpiled horticultural waste and piles of'mulch shall be on a daily basis by the on site sprinkler system in order to reduce There shall be no other machinery or equipment stored on site which horti cultural mulching operation and not used in the daily operation of the bus|r The tub grinder will be equipped and operated with deflectors to minimize Piles of mulched or processed horticulture ma on site eot more than 120 conaeeu~i,,'e'cla RESOLUTION 9~~ RELATING TO PETITION NO. CU-94-20 FOR. EXTENSION OF CONDITIONAL USE OF PROPERTY' '~ HEREINAFTER DESCRIBED..IN.COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in ChapterI~ Florida Statutes, has conferred on all Counties in Florida establish, coordinate and enforce zoning and such business regulat as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land~r~ Development Code (Ordinance No. 91-102) which establishes comprehens~ zoning regulations for the zoning of particular divisiona of th4 County, among which is the granting and extending the time period Conditional Uses; and .... ~:'<i!. WHEREAS, on January 24, 1995, the Board of Zoning Appeal Resolution No. 95-70, attached hereto and incorporated here] granted a conditional use pursuant to Ordinance No. 91-102,' development, on the below described property; and WHEREAS, Subsection 2.7.4.5 of the Land Development' Code that the Board of Zoning Appeals may approve three, one extensions for a conditional use which has not been commenced NOW, THEREFORE BE IT RESOLVED, by the Board of Zonin, Collier County, Florida that: The written request of Michael Saadeh of Elite CommUn~i:~ for the third of three (3) permitted one (1) year extensions interest of the followfng described property:! ~'~ See attached legal description Exhibit ~A# ' is hereby approved pursuant to Subsection th. Development Code (Ordinance No. 91-102), and Resolution No. 95-70, attached hereto and incorporated here Exhibit "B" and all conditions applicable thereto for one additional year until January 24,~ BE ZT FURTHER RESOLVED tha~. thia tecorde, m£n~tes o: th£s Board and ~.n the :e¢ords of the Det. tt.~on ~ot ext. enston ts granted. T~is Reso].utton adopt, ed a~tet ~c Done t. hts ~ ATTEST: DWIGHT E. BROCK~:,'~Clerk Approved a's to Form and Le~ Assistant County Attorney f/ton/CU-94-20 .BOARD OF ZONING COLLIE BY: RELATING TO PETITION ~0. CU-94-20 FOR EXTENSION OF CONDITION/~L USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, WHEREAS, the Legislature of the State of Flortda'ir 125, Florida Statutes, has conferred on all Counties in Florid~ the power to establish, coordinate and enforce zoning and su business regulations as are necessary for tha protection of the' public~ and W~EREA$, the County pursuant theret~ ha:s~adopt'~a Development Code {Ordinance No. gl-102} which comprehensive zoning regulations for the zoning of parti~ula divisions of the County, among which is the ~rantin, extending the time period of Condit onal Use~? and W~EREAS, 09 January 24, 1995, the Board of Zoning enacted Resolution No. 95-70, attached h~reto and inc( herein, which granted a conditional use pursuant to 91-102, for cluster development, on the belo~ described and WHEREAS, on December 12, 1995, the Board of Zoning Appeals enacted Resolution No. 96-694, attached here=o and herein, which granted a one {1} year extension ~o the Prov~; Use granted in Resolu~ion No. 95-70~ WHER~S, Subsection 2.7.~.5 of the Land Devel~ provides that the Board of Zoning Appeals may extend year time per~od for a cond~onai use which has no~ bee co~enced; NOW, T~EREFORE BE IT R~SOL~D, by the Board 0f Zor Appeals of Collier County, Florida that: The written re~es~ of Michael Saadeh of El~te Inc. for the second of three (3) ~ extensions, in interest, of "the following 'described proper' See att~ed hereby approved pursuant to'$ubse.c.tion 2.7.4.5 of the La Development Code (Ordinance No~:~ 91-I02)/~and tl~e'exI for Resolution No. 95-70, attached hereto and ~nc0rporated as Exhibit "B", and all condttfons applicable thereto ex~ended ~o~ one add~=ton'al~yea= =n~anuaty'24, 1991 :~e =~nu:es o: t~s eoatd and ~n t~e =eco=ds o~ t~e ~ettt~ This Resolution adopted after motion, vote. Done this :' ATTEST: second and =aJorit day of BOARD Or ZONING AP COLLIER COUNTY, FLORIDA iK, A-~PRbVED.AS'. . 76....L~RM AND LEGAL MARJt STUDENT ASSISTANT CO~;TY ATTORNEy f/C~-~4 o20 Ext. RESOLUTIO~ 9S-._~94 _ RELATI~TG TO PETTTTO~t ~0.' ~(~-'94-20 FOR EXTENSION OF CO~DITTONAL USE OF HEREINA~ER DESCRIBED ~ COLLI~ CO~TY, . .'~ F~RIDA ~EREAS, the Legislature of the State of'Florida 'in Florida Statutes, has conferre~ on all Counties fn Florida the ~'~' establish, coordinate and enforce zoning and such business as are necessa~ for the protection of the public; and ~EREAS, the County pursuant thereto has adopted a ~n~ Development Code (Ordinance No. 91-102) which zoning regulations for the zoning of particular divis~ons of the County, among which is the granting and extending the t~me Conditional Uses; ana'. ~EREAS, on .J{nuary 24, 199~, the Board of Zoning Appeals Resolution No. 95-70~ which grante~ a condft~onal.~se pursuant Ordinance No. 91-102, for Conditional Use "5" Cluster Deve Section 2.2.4.3 of the Land Developuent Code, on the WHEREAS, Subsection 2.7.4.5 of the Land Development Code that the Board of Zoning Appeals may extend the one (1) ~ period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The' written request of Hlchael Saadeh representing Elite Communities, Inc. for the f~rst of three (3) permitted one (1) exte~sions, in interest of the following described property: See attached legal descript~on Exhibit "A" is hereby approved pursuant to Subsection 2.7.4.5 of the Land .. Development Code (Ordinance No. 91-102), and the expirat~on date for "'J. BE IT FURTHER RESOLVED that this Resolution be ~:ecorde~ minutes of this Board and An the records ~f ~he Petition fo~ ~h e~enston i~ granted. :. Co~iss~oner Constantine ~ '> offered the fore( Resolution and moved for ~ts adoption, Hancock ., and upon roll call, %he AYES: Commissioner Constantine,. Commissioner ~ancock~. Comm~ss[one= No1 Commissioner Mac'Kie,~ and Commissioner NAYS: ~SENT ~D )~OT VOTING: ' ~STENTION: ' "' Done this ~ day of ~~ BO~D OF ZONING APP~LS COLLIER CO~TY, .ATTEST: BY.~ ',. · % /ETTY~ :DWIGHT E. BROCK,'.'.CL~R/( LEGAL SUFFICIENCY: O M. STUDENt-- ASSISTANT COUNTY ATTORNEY P.U. EXTENSION RESOLUTION Doc. lef. J~ 8192/m~{n/dm · , x ~SO~TZO~[ ~.OV~NG YO~ ~ Z~Z~ DZS~Z~ ~ ~ S~ZOII 2.2.4.~. or COLLZ~ co~ ~D D~E~P~[~ COD~ ~RO~ZR~ ~O~ZD Z~ S~ZON 23~ TO~SHZP 49 SO~H~ ~;G~ 25 ~ST, COLLZZ~ ~s, ~he Leg~s~t~a o~ ~he S~a~l ot T~o~d& ~S) the County ~Y:suaflC thereto his aSop~e~ Deve~op~en~ Cods COrdLn~ncB ~o. ~2-202) ~lch ~nclude~ 2on~n~ Ord~nlnce es~lblis~ ~4gull~ons for the zon~ geo~c~phLc d~v~s~ons o~ ~a County, an0ng ~ch Ls ~S, the Collier C:=n~y Plann~ng Commission, appoLnted and cons~ltute~ ~llfln~nq board fo~' the are~ has he~d a pvblic hear~q t' · Section 2.2.4.3 ~n an ~?~-S" 2one for cluster dev~ (Exhibit -~-) tha~ sa~s~a::o~ provls~on and ~rranqe~e~2 'concernin~ 'al~ applicable ~Cers rtqu~re~ by said accordaace v[~ Subs~cZ~c~ 2.~.4.4 of the Land considered all =a~ters ~:tsan~ed. // NOg, THEREFORE BE IT ~SOLVZO~ BY TE~ BOAR~ OF ZONING , The pek~tlo~ f~led hy H. ~chel Sol( · .' ,' ': ,~' .~t ,~ .*,~' ~ -~..., * ..~:.%:;:,~ . -.,, - , C~un~es, ~nc., v~th respec~ to the property hereinafter . ..: .72 re [~'~.~ · ' ' ''~"'". ...... 'off"ere'q the ~.2.4.3 o~ the:';~s£~5" zon~ dis~rlc~ ~or c~uster dave2opaen~ ·. sccordanc, v~th ~, Concapt=a~ ~as~,r Plan (~bit 'C") a~ · Jl~' approve B[noc ChaT~aS cond~ona~ vse. ~ansion o~ ~he vses ~den~[~ied · ppcove~ ~h~n ~s cond~ona~ use nppt~ca~lon, · a~oc c~znges ~o~e s~te ~l~n su~n[tted as ~a=t o~ applica~ion, s~all Fe~lre ~he su~al o~ a con~i~ional ~se A;plica~om, an~ shall compl~ .v~h submittal, inclu~ln~ D~visian 3.3, Sl~e Developmen~ Plan ~eviev and approval, ct the Collier Development Co~e (Ordinancl ~o. ~1-102). The ~mimu= floor area et res[~ent~at s~ruc~urel be 1,000 square feet for one Jto~ residences and 1,200 square feeC for an~ residence rich ~cre than c.-,. Traffic cen~rol ii,ming, ~ark/ng and s~rtp[nq shall con~a~ to t~e re~irements and quidellnesl~ ~he Eanua%~ On Uni[o~a~c Control Devices. . proJec~ entrance· ' e. The pro~ec~ shall Be su~ect- to a fa[fL sl ccn~ribu~ion toward s[qnaliza~i~n a~ the intersection ' lirpor~ ~oad a~ Ba~ley ~ane. lmT suc~ · shall Be suB~e:~ to a traffic stqnal varran~ anal~s~s~ a~d shall Be c~ys~sten2 v~h the County's ~a~f~c S~qnal~ ~arramC PolLcM. Signals ~hall Be ovmed, opera~e~ and ma~n~ained by the Coun~7. ~an~ly, sl~naliza~lam As median control cn Xlrpor2 as to prahib~ . left turn maneuvers vithou~ an~ compensa~ion to praper~: ~vners. Zh~l~ conditions cbanqe eucB tha~ a sysken Becc=e~ ~rranked a2 the An~ersec~on e~ Ba~le~ ~ane and ~lr;o:2 ~oad, the developer, or .ucc.esot as~lqns, Ancl~lnq anM ye~ to be 'foxed Association, shall be responsible ~ar such ~a~r share conve~nq rca~vay ' runo~ such tha~ there ~s g. As each secticn vIth lc~s abutting on ~E" Estates dls~rlct quali~les far buildinq pernits, then the for tha~ set,Ica shall be taproved to satisfy an lot capacity'condition vlthin one .year ol issuance o~ th~ lirs~ Certificate o~ Occupancv ~or a residence s~id cont.l~ous lo~ line. ' · 'BE IT T~TH~RESO~ tha~ this ~esolutlon be recorded in the oo COLL~m '~Oml~ I:L/~ comiZsSxo~ A' COltDITION~J~ USE .' · · ]~OTL The folloving facts are foun~:::i'i' ' -~ctton 2.2.4.3.5 ...... : Code authorized =he canal t one1°f the Land Devlopmen~ · *dSC, ,.. the public interes~ an~ ~tll no~,adversely affec~ o~he property or us'es in ~e sam~ ~is~r~ct or neighborhood because of: ' A. Consistenc~'%i~ the Lane Develop=en~ C~de an Gro'~h Hanagement Plah: ,;~ L Yes ~ No ". ~ %structures thereon ~'ith P~=~icular reference automoEiv~ and P~estrtan safe~y aha convenience, traffic flo~ an~ control~ an~ ~ccess in case fire o~ c~tas~rophe: * Ade~ate ingress i egress ',.?~/ .~ Yes- ~ ~o .... noise, glare, economic or odor effects: ~ 1~o affect .~r ~ffect mttiga~a by ~ Affec= canno~ be .D. Compatibility %'ith adJace-~ ~w6~e-~- Compatible use ~'i~hin dis~rfc~, ' ~ased on t~e above fi~dings, this co~attfanal us~ ~'~th stigulations, (copy a=ta=hed) (shoula ~ot) b~ reco~ende~, for apgrova1. · . ~ ,: ::;: · ':'" : ~ To, ship 49 South; Range 25 ~ast, .Collie~ ~oun~y, ess ah~ 'except th~ north"305 feet'thereof, an~ No~th B0~ eet of.the 1~ 1/4 .of th~ ~IE 1/4 of th~ S~ 1/4 'of the lie f Sect[on 23, To, ship 49 .South, Range 25 ~ast, Collier :ounty, Florida. ~ , ~:~,:. ' kccess and utility easements over, along an~ across the South 20 feet and the West BO feet thereo~. '12855 .I CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS ~. PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AN MAINTENANCE AGREEMENT for SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT, entered into this ~q~ day of. ~ , 19?.~.,'Y'between,~AtVGRA,~,c;OFNAPLE,~, INC.., hereinafter referred to as "Dffveloper" End the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board'. ~ I Developer has, simultaneously with the delivery &this Agreement, applied for the by the Board o£ a certain plat o£~ubdivision to be known as: 8,4 WGRA.CL¢/ 2 Division 3.2 Of' the Collier County Land Development Code allows the Developer construct the improvements required by sam subdivision regulations prior to recording t final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter' set forth, Developer and the Board do hereby covenant and agree as follows: Developer will cause to be constructed: Water, sewer, drainage, access, buffer and light[ infrastructure serving ,~A WGRAS,¢I SUBDIVI, CllON within ~ months from the date of approval of said subdivision plat, said improvements herein afler referred to as the improvements. 4 Developer herewith agrees to construct said improvements prior to recording subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. Upon completion of sald improvements, the developer shall tender its performance (Letter of Credit/Surety Bond), in the amount of ff,'l~,.l~7,;~3 t which amount represents 10% of the total contract cost to complete eonst'ruetion. Upon receipt subdivision performance security by the Development Services Dkector, the request the Board of County Commissioners to approve the subdivision plat for recordin and grant preliminary approval of said plat. The required improvements shall not be considered complete until a statement bt'sub completion by Developer's engineer along with the final project records have been furn|shed~ to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. : ~:b.r[:~::~ .... ~r ~ .... The Development Services Director shall~ with~n sixty (60) days et'receipt the statement of substantial completion, either:, a) not~ the Developer in writing of' his approval of the improvements; or b) notify the Developer in writing of l~s refusal to approve improvements, therewith specifying those conditions which the Devel, fulfill in order to obtain the Director's approval of the improvements. However,'.in shall the Development Services D~rector refuse preliminary approval or'the imf: they are in fact constructed and submitted for approval in accordance with o f this Agreement. . ~: ~.,~:,;..~.. The Developer shall maintain all required improvements for a mimmum after preliminary approval by the Development Services Director. ARer the one maintenance period by the Developer has terminated, the Developer shall Development Services Director to inspect the required improvements. The Developrr Services Director or his designee shall inspect the improvements and, it'round t° bestill compliance with the Collier County Land Development Code as reflected by t~nal app by the Board, the Board shall release the 10°,4 ~ubdivlsions performance Developer's responsibility for maintenance of the required improvements shall unless or until the Board accepts maintenance responsibility for the In the event the Developer shall fall or neglect to fulfill its obllgat~ons under upon certification of such failure, the County Administrator may call upoh performance security to secure satisfactory completion, repair and maintenance required improvements. The Board shgl have the right to construct and to be constructed or maintained, pursuant to public advertisement and of bids, the improvements required subdivision performance security, shall be liable to pay and to in~ ni~' the completion o£such construction, the final total cost to the Board thereof, inclt~difig~~ limited to, engineering, legal and contingent costs, together with any or consequential, which the Board may sustain on account or'the failure of th fulfill all of the provisions of'this Agreement. All of the terms, covenants and conditions here~n contained are and shall the Developer and the respective successor~ and assigns of the Devel~ IN WITNESS WHEREOF, the Board and the executed by their duly authorized representatives this Signed, Sealed and Delivered in the presence of: ATTEST: Dwight E. Brock, ~lerk Approved as to form and legal su fflcicncy: David C. Weigel Collier County Attorney ~, ~'~ ~' SAWGRASS OF NAPLES Richard McCullough, Presid, BOARD OF COUNTY COMMI~ OF COLLIER COUNTY, BOARD MISCELLANEOUS CORRF: A. Marco Island Beach Ri minutes. Rel'erred to BC( B. Environmental Referred to BCC. C. Planning - agenda ol'January 8, 1995. ~ Referred to Marco Island Beach genourishment Advisory Commll Minutes - December The meeting was called to order by Frank Blanchard. Chairperson. were Giles Goral, Barbara Schlering, John Dougherty, Gii Scholes and present was ! larry lluber, Collier County Capital Projects Motion made by Gil Scholes to approve Mihutes of the November presented. One correction by Mike Gllme - ~ 3'a sentence to read additional T-Groins,.," approved as corrected, There is one opening on the Advisory Committee B6ard ilnd three appllcl Carpenter, Mary Nelson and Patric;a Oirkland. Re: B each clca ning schedu les, I larry ! luber reported on purchase o r addlt| It will be at least February before we have something in )rth end condos contracted with someone to drag the beach..~ :./~i There was no progress on buoy installation. Frank Blanchard will pursue Dugan. ! lideawa7 T-Groin signs are. in place. Ken tlumlston has included in his of Future activities installation et'other T-Groins based on results ormonltorin temporary T-Groins. I larry l luber said the contract will have to be T-Groins. Gllmes suggested early review et'the tempor~T"slatus'"'and temporary we should add more. Barbara Schiering reported there has been erosion of the northern most T-Groin. Glimes said you can see how the flow is T-Groins. Schiering suggested that signs should be moved so they could be seen or more added facing the water. The video tape of the beach was not shown. Re: Caxambas Boat Dock project - City has corem Dela Park Place nd Mirage applications for boat docks.- Blanchard suggested that Beach Renourishment Advisory Committee mi [ve some guidance to planning commission. Morr t s Hancock ',Co~s, tant the_ Btrr.y llarry Iluber distributed copies el'the Executive Summary Ca' Management Study. Approved subject to deletion oritems $ and 6.. discussed with Ken tlumiston. Even after adopted by DEP changes recommended by the Board of County Commissioners are included as an ad, the study. Frank I31anche, rd has an appointment with Dave Weibel and ! leldl Ashton to Dollar Island. ! ~e has prepared a background paper. There is no evidence BI'an being done since recent drowning. There have been $ drowning in g years at Ti beach. There have been additional signs posted on the walkovers...The having either bilingual signs or universal signs installed was There was no old business to discuss.~:: Resumes were distributed for 3 applicants to Hll vacancy on the Marco I! Renourishment I3oard. No official action will be taken until .lanuary 13 or 20, PHor to that time, this committee sho~dd make a recommendation. Mike recommended Patrlcia I3irkeland to fill the vacancy. Approved by the County and City have a joint beac~ dommittee which was appointed at project was developed and installed. 13lanchard questions the mission or'that ! I'e has resigned from the County committee. Right now there are no Marco Island representatives on Ihe committee. There is a meeting Dec. 4a and rJlanchard is to attend. 131anc/~ard asked for comment from $ohn Dougherty regarding joint committees functioning with so many people scilking funds from the same source. Dou thc tide has tt~rncd and it is not as easy to g~t funds from TDC. A number of items been turned dB,,va. Film and Sports festivals were cut back.' Also, since the third automatically goes away at the end of 1999, less money will be available. Blanchard asked ii'there would be a chinch when the third cent goes away but Huber replied there wouldn't be because 3rd cent was there to pay a loan and that loan will be by then. Glimes asked Dot,sherry what impact the new city It would be a definite disadvantage to be compared to Naples and Miami convenlions look at this percentage. Blanchard feels there is a need for st ' effort Bt'total dollars ofapplicants I'or TDC funds. Dick Lydon suggested reconstituting City/County committee to have one representation. Marco, Naples, and Vanderbuill Beach. Another part of the puzzle definition el'the mission ortho committee. ITarry lluber said there is a cop) guidelines o~rcsponsibilitics of'the committee and he will bring Ihem to the meeting. ~.~ :, ? Blanchard reported that a note had been received from Wayne Daltry, Direct( Southwest Florida Regional Planning Commission, asking ifa committee should b formed to look at beach activity in the various counties. Blanchard meeting and was unimpressed by any of the proposed goals. It seemed to be just "coffee drinking group.'"' Reprcscnlative from Northwest Navigation itcms [o Southwest Florida Water )e meet[n Coil;er County is not a quas~-governmenta agency, Rev;ew Committee because only part of the lntercoastal Waterway ;n Gordon Pass I'rom Naples Bay down to the Isle ol'Capri. 'Other countieS, have miles Inter¢oastal Waterway. Corps ot'Engineers is not t'unded by the current so dredging and keeping open Gordon Pass will become the ~t'the Re: Opening on the TDC, Barbara $chiering said her hush checked and were told there was no conflict. Suite Butt was also going may not be any representation from Marco:': llubet said there |s ' geographi.'s, just categories. Marco has always had someone c ce is only r~om t'or two seats. Everglades City and Naples are already represented. Public ( omment -- Pat Dirkeland stated that there was more ! and th~ the bulkhead is exposed at the t'ormer missile slght/.This ts somethln be r~,.',cerned about. Tbere is n nlbe'build up at the south side, however: in r.r;red il' Isle ot'Caprl Pass will be dredged? She was advised to they nave a notebook or to see Pat There being no t'urthcr business, will be January 7, 1998. ~ ~ : ..~,~ Rcspect£u[ly submitted, ng wa.q a~ ~lary Jane Irvlne The Bottom l.ine MARCO ISL. BEACI! RENOURISII1 COMMITTEE To all MIBRAC members: This note has two objectives: 1] This a notice that there will be no meeting ~tthis 2] The reason t'or no meeting is because, the transition otC.County control control has brought us to Ihe stage that the City Council has disbanded certain MSTU the date of I/7/95, they will probably have appolnled their own beach In a sense, this is a turning po}hr'because we charging and on track for ~I0 years. A presenlation will be made to the MI.City Council or I/5, which will treat t areas I] Source ofl'unding the basic beach committee 2] The suggestion to the M.I.City Council that they should insist upon t ~e reorgamza current City-County Committee. It makes no sense to have a committee r the to vote on all beach project t'unding wh'lch committee is representative'0t't From which <I Cr'/o o1' the TDC I'unds are.derived yet ~ntrol in that cc ~70%. 7;. 3] The Beach Vendor Ordinance [gg-! I]>[97-12] has ~r our comm supervision" t'or about 7 years. The M.I.City Council should decide who Shobld control the beach activities which seem to get aggravated peqodically b~ vendors. This activity has been under more or less satisfactory control I'or sc ora sudden move by the Paramount IIotel who decided t0'set up ol'their dedicaled walkway to the beach. Perha version ol'a Beach Vendor's Ordinance? At the I/$/98 M.I.Cily Council meeting, the M.I.C.C. fs expec! to name each. Again. thanks for your efforts and association with the Marco Island Advisory Committc~. DATE: PLACE: TIME: I, III. IV. VI, VIII, ENVIROMENTAL POLICY ', Sanuar~ 12, 1995 Collier County Government Health and Community Services Buildi 2nd Floor, Room 216 4:00 p.m. CALL MEETING TO ORDER ROLL CALL APPROVAL OF MINUTES - December ANNOt~NCEMENTS OLD BUSINESS STANDING COI~fITTEE$ A. COMMITTEE REPORTS (l) Steering CommMee ' Bill] (2) Resource Committee- Mike (3) Growth Management- Mike B. SPECIAL PRO~ECT CO~ (1) NRD Budget - Bill NEW BUSINESS PUBLIC COMMENT ~rrt$ HanCock Constafltt Hac'Kte Berr3' COLLIER COUNTY PLANNING COMMISSION.WILL MEET AT' g:30 JANUARY g, I99g IN TItE BOARD OF COUNTY-~ ADMINISTRATION BUILDING, COUNTY GOVERNMENT EAST. EAST NAPLES, FLORIDA: 1NOTE:ANY PERSON WHO DECIDED TO APPEAL A DECISION THIS BOARD WILL NEED A RECORD PERTAINING TI IERETO. AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICIt RECORD INCLUDES THE TESTIMONY EVIDENCE UPON WHICIt TIlE APPEAL IS ALL MATERIAL USED IN PRESENTATIONS BEFORE THE WILL BECOME A PERMANENT PART OF THE RECORD, MATERIALS WILL BE AVAILABLE FOR PRESENTATION BOARD OF COUNTY COMMISSIONERS, ~; 2. 3. 4. 5. 6. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES: November 20, 1997, r25, 1997 PLAN'NINO COMMISSION' ABSENCES: ' BCC REPORT .. CHAIRMAN'S REPORT ADVERTISED PUBLIC ItEARINC;S: A. Bo Petition No. SPA-97-1. R. Brace Anderson, Esq., of Young, Joe Dimassima. requesting approval of shared parking on Lot 26 and Industrial Park. Zoned "1", in Section I !, Township 49 South, Range 25 East, to on Lots 22 and 23, J & C Industrial Park, zoned "1"o which Is located on the' Boulevard. west of Airport-Pulling Road (CLR. 31). (Coordinator:. Chahram Petition No. R-97-~, Robert L, Duane a rezone from C-3 to C-3 to delete a stipulation that restricts commercial and 81-86. Pineland-on-the-Trail, in 13 consisting of 2.$ acres, more or less. C. Petition No. CU-97-24, . :(: t representing Richard and Teresa YaM, requesting :'' ~- //~t~ffd horticultural recycling for property located on~.the~onth side bt' Morrts ~ of Alligator Alley (S.R. 84), in Section'31, Townshl Hancock ~m~8.~gf~.19 acres, more i Co~stantl~'-~::~~x"l8. ) :~ side C. '~:: 'Petition No. :~.~ ~:~.' mulching and horticultural ............ approxim~l¢ly % mile noah ol'Alli&'uo~ ~?,'~?. '-'.~:'~'i~::, Collier Counl)', Florida consisting · :/:c:. ,!~:-.,-.,: from the meeting D. Petition No. PUD-gI-II(D. ' ' Goodlette. Trustee. requestin~ an amendment Io the Kensin Park PUD act'cs and revising ~h¢ Master Plan b)' moving between Grey C~ks' existing butter o1'40 left and l~ensmgt(m's High from single Family detached to 'the r, outhem : :: :' '; density or Itafl~c. for ptoperl] ' ::.~ :' Pulling Read (C,R. 31), in Section consisting of 3'/0 acres, more or E. Petilfon No. V-97.14, ?-' '" :~ - forty (40) I'co{ %.'nrtnnc'e IO Ihe required constructed oYer mo (2} as, portion of Parcel "One". r:.,tst. (Coordinntor: $ ~. OLD BUSINESS ;' 9. -- , N~%V BUSXNESS D~$CU$SXON OF ADD£~DA" I 1. ADJOURN I/g/9~ CCPC AGERrDA/md fOOt! TRANSCRIPT PLANNING LET IT BE REMEMBERED in and for the County of Collie~ met on this date at 8:30 a.m.~i the Government Complex, members present: CHAIRPERSON ALSO PRESENT: Marj ori~ Michael! RichardNelsoni ~Russe11!~A~ Russell~A Donald ilPed, Bob Mulhere, Collier County Planning CHAIRMAN DAVIS: I'll call the Collier County to order and begin by calling the ro11. Priddy. COMMISSIONER PRIDDY: Here. CHAIRMAN DAVIS: Mr. Budd. COMMISSIONER BUDD: Here. CHAIRMAN DAVIS: Mr. Nelson. .~!;i',~',, · ~ COMMISSIONER NELSON: Here. CHAIRMAN DAVIS: Mr. Bruet. COMMISSIONER BRUET: Present. "'~ CHAIRMAN DAVIS: Mr. Davis, here. Mr. York. COMMISSIONER YORK: Here. CHAIRMAN DAVIS: Mr. Oates is excused. Mr. Pedone. COMMISSIONER PEDONE: Here · CHAIRMAN DAVIS: Mr. Wrage. COMMISSIONER WRAGE: Here. CHAIRMAN DAVIS: Thank you. We have minutes up~ a~rova October 16th. COMMISSIONER PRIDDY: Move for approval COMMISSIONER PEDONE: Second. CHAIRMAN DAVIS: Motion by Mr. Priddy for approval, Seconded Mr. Pedone. All those in favor, signify by saying aye. Opposed? (No response.} That carries unanimously. Planning Commission absences coming up. We've got our meet~ 5:05 on Tuesday, right, Mr. Mulhere? MR. MULHERE: That's correct. CHAIP24AN DAVIS: And Mr. Mulhere gave us a handout Anything in the way of a BCC report of any interest~ MR. MULHERE: Not at this time. At the next meeti~ to report on the LDC amendments -- CHAIRMAN DAVIS: Uh-huh. MR. MULHERE: -- after the board's initial hearin( CHAIRMAN DAVIS: Okay. And in the way of a chairman's 'repot had occasion to talk to the county attorney, Mr. Weigel,'t:about a that their office is preparing for us and the adviso.r~ boards on and things like that to bring us up to speed, so that shou] forthcoming. COMMISSIONER PRIDDY: And, Mr. Chairman,.you wet, everyone of the Farm City Barbecue. C}~IRMAN DAVIS: Oh, yes, yes. Next Wednesday City Barbecue, which will be held out in I~m~okalee this I'm sure we'll all be attending. COMMISSIONER YORK: Yes. COMMISSIONER WRAGE: I just happen to have some t: you're in need. COMMISSIONER YORK: I hope I get a bigger steak this year CHAIRMAN DAVIS: And bring your own knife, those ones don't work too good. No, it's a great everybody there. ~ :?~ ~-~ · : That brings us to our public petition , the first one' ~[['.:'.':" MR. MULHERE: Mr. Chairman, the agenda item is incorrec~ The petition was advertised correctly, but the actual tracking ~,..:-' PSP-97-13, so for the record, I just wanted to -- ~ CHAIRMAN DAVIS: PSP-97 what? · MR. MULHERE: Thirteen. 'ili: CHAIRMAN DAVIS: Yes, the petition is marked correct] MR. MULHERE: Yeah, and it was advertised properly as we CHAIRMAN DAVIS: Okay. So we'll let the record show that,~:and :~.. we'll ask all those present that are going to speak on this ~ ~z- to please rise and raise your right hand so the court reporter ~.~.- swear you in .~. (Whereupon, all speakers on this issue were sworn.) · CHAIRMAN DAVIS: Ms. Murray .... MS. MURRAY: Good morning, Susan Murray, current ~ .... order to execute the Vanderbilt Pines PUD, the petitioner is seeking · . approval of a preliminary subdivision plat for the purpose of:dividin, :'~.!' the subject property· It's 19 tracts, 6 of these tracts are designated for multi-family use and 12 will be further divided into- ':''.'. 225 lots for single family use. There is also one trac~ ..:.. clubhouse. .'i!:~' The single family tracts will be divided into lots cons: · with the dimensional requirements as approved in the PUD document, the proposed plan provides for water management areas, · easements, open space, landscape buffers and road rig · ~i I hung a picture or a plan of the -- a copy of the bulletin board for you and I tried to highlight the access - yellow. I don't know if you can see i~, but the main acces~ County Road 951. Essentially, it loops around the multi- .... to the north and south on the western half and also provides a ffer - · along the perimeter of the site on the southern and eastern;.~?and-a ~ii. portion of the northern boundary, this area being where most.of .'.'~ single family residential will be on the eastern side.~ - ~ any questions, I'd be happy to answer them. CHAIRMAN DAVIS: Any questions of staff? Does the petitioner have anything they'd like to' Anybody else from the public that would like to Seeing none, I'll close the public hearing. · MS MURRAY: Mr. Chairman? ..!.:: - MS. MURRAY: Pardon me, I forgot to add one thing] ' minute, our addressing department had a problem with on~ " names, specifically, Glenn Eagles Way. They would like Eagle Way, and it is shown on the plan as Glenn Eagles to bring that to your attention. ~'-: CHAIRMAN DAVIS: Okay. And the petitioner problem with that, so we'll let the rec~ reflect Bruet. CO~{MISSIONER BRUET: I assume the; .~ a MS. MURRAY: That's my assumption also,,,unles: CHAIRMAN DAVIS: We see a nod from:the petitioner COMMISSIONER BRUET: A nod means yes..'.- CHAIRMAN DAVIS: -- in affirmation..... COMMISSIONER YORK: Mr. Chairman, I would move that we a~rove PSP-97~13 -- COMMISSIONER BRUET: Second. COMMISSIONER YORK: -- with the changes as recommend~ CHAIRMAN DAVIS: Motion of approval by Mr. , seconded Bruet Discussion? ~ .-. All those in favor, signify by saying Opposed? (No response.} That carries unanimously. ~ Petition V-97-10, once again, I'll ask all those want to speak on this petition today to please stand and raise right hand so that you may be sworn ':<..:i~ ~ (Whereupon, all speakers on this issue were sworn CHAIRMAN DAVIS: In the way of disclosures, I had a' with Mr. Huff, the petitioner, the other day. COMMISSIONER YORK: In the way of disclosure, I had conversation with Mr. Huff the other day ~ ,. CHAIRMAN DAVIS: Okay. Mr. Bellows MR. BELLOWS: For the record, Ray Bellows.: Petitioner requesting an after-the-fact variance of 10 feet 5 inches required side yard setback of 30 feet to 19 feet 7 in( an existing encroaching garage and storage building to current location. ~ ~.~?~.:~:~ ~ ,: Property owner states that the property was purcha! that time, the side setback requirement for~the Estates~ of the lot width not to exceed 30 feet and?that was lot of record, and this is a confozyning~lot~:of record. The setback requirement at that time would have bee the garage was built with building permits built in '93 without building permits. In '91, the ordinance was changed minimum. Therefore, when the property owner went to sell process of selling the property, the survey indicated encroachment. He had to get after-the-fact~b~ildi will not be issued until the variance is.!obtained Staff is -- it's staff's opinion that~the encroac affect the light/air circulation around'the stZ~/ctur. other structures on that street with similar setback: legally and properly. Therefore, staff~.is recommend variance be denied only because of. the factl building permits. CHAIRMAN DAVIS: So what you're Given the structure's current position percenl onform~ given some of the older properties --. MR. BELLOWS: No, as you see on the"~site plan, behind the main structure, it's a forested area~: CHAIRMAN DAVIS: Not visible from the street? MR. BELLOWS: Not visible from the street. No:letter~ against have been received. ~:?:~ . .:.~ :.:. ~,.~ CHAIRMAN DAVIS: The penalty for not getting a buil~ is, what, four times the cost for the after-the-fact MR. BELLOWS: It's double, I believe..~ MR. MULHERE: Well, it's double -- there's a fee for the variance and then the building permit could be as much as four times. I'm not a hundred percent sure, I'll that -- .~?~.,~ . CHAIRMAN DAVIS: Yeah, yeah. ~:. MR. MULHERE: -- but I think it's three or f r fee. CHAIRMAN DAVIS: Right, and double the variance ause'o the after-the-fact aspect. COMMISSIONER BRUET: And roughly that totals, what MR. MULHERE: Well, that's roughly 850 for the apPlicationi!fo the variance. I don'~ know what a permit fee for a garage don't think it's very much. It's not very.much, a cou bucks or so, but it might be four or 600...': COMMISSIONER YORK: But back when this was construc. would have conformed to the then LDC? MR. BELLOWS: It was constructed in '93.~ The ord] changed in '91, so if he would have obtained a b~ilding' would have been caught in the process that he should have had foot setback, but if it was built at the t~me the purchased, then the setback requirement was ~n effect COMMISSIONER YORK: But there are others in the area these same types -- ~' ~"! ~;, ~ %: ~ , . MR. BELLOWS: There are other~structures on-thiS ,art: with setbacks that are about 19 to 20 feet,~. MR. MULHERE: We would have to presume'that those'st: constructed prior to the ordinance changing and with building.permits MR. BELLOWS: Yeah, they were older structures, they were '~i!i:,.i.::.. .' ' CHAIRMAN DAVIS: Yeah, in the £state~ ~re I is exactly 15 feet from the property line and it was.const~ ~cti '79 or '80, I guess. COMMISSIONER PEDONE: What's the alt~ if~ not granted? What's his course of action MR. BELLOWS: If it's not -- CHAIRMAN DAVIS: A bulldozer, I suppose. MR. BELLOWS: Somehow he has to rect] .-the sit ~or demolishing COMMISSIONER BRUET: Thisis MR. BELLOWS: No, it's fullylenclo' COMMISSIONER WRAGE= Were th~ ; oining property owners? - MR. BELLOWS: No, no comme! CHAIRMAN DAVIS: Well, let's ' ~ MR. HUFF: That says that tr..was fromithe ~-~ the reason for not having the'Permit.was .build the whole building at one ly'sta~ted took two years to build the build ~letion! letters -- and pictures-- from ghbors ect to it, from all 9hree neighbor~oneach side~!~ti ~i questions when I built it.' This was;~i""~.~we bro~g ' county's attention when the first'i~person'who'was'interest; the house came to look at it. They asked.about the.build no problem, I'll go get a permit for.~it. )ened alni4 That's why I want to straighten it. oUt permit when I did it. I would Jus u' rectif know what I can say or do to it, that CHAIRMAN DAVIS: Okay. Are:'th~ Nelson. COMMISSIONER NELSON: You sa couldn't build it all at once MR. HUFF: Right. : COMMISSIONER NELSON: In other at once to get a permit? MR. HUFF: Well -- go ahead. MR. BELLOWS: Well, the buil¢ .ng )erm; build in the time limit, six month: MR. MULHERE: Well, I think that. You have six months withi~ can fail that inspection and then get another.six he and so the building permit process could be.dragged nificantly, and I'm aware of cases to two years. MR. HUFF: So that's ~ had the money I poured the slab and.- when I could put the walls up .g COMMISSIONER NELSON: But you knew buildin required? ~ MR. HUFF: Oh, yes, sir. Yes there's no doubt. ..... CHAIRMAN DAVIS: Any other MR. HUFF: I have the pictures CHAIRMAN DAVIS: Yeah, if you wan~ stay a part of the record and go Commissioners. ~': MR. HUFF: It's all the way here are letters from the nei9 CHAIRMAN DAVIS: And letters from ~ Mr. Huff, I think when we were ~alkin ithat you've made an attempt CHAIRMAN DAVIS: -- to rectify the Situation and ~unsuccessful with the adjoining propert owner in doi MR. HUFF: Yes, that's correct. ~ CHAIRMAN DAVIS: Okay. MR. HUFF: But that is one of the letters from'th~ give the letter saying they don't object to it, he Just understand trying to buy the property behind it. CHAIRMAN DAVIS: These letters are from the surround ~.<i owners? MR. HUFF: Yes. ~ .......... CHAIRMAN DAVIS: Okay. Ail right.~ Any other questi, petitioner? Thank you. Anyone else to speak? Seeing none, I'll close the public hearing. COMMISSIONER YORK: Mr. Chairman, when I spoke to Mr admonished him for not getting a permit and he had indicated~to the time that he -- it was a f~nancial thing for him and he his wrongdoing, and based on my observations, I would rec~ approve the variance. ~. CHAIRMAN DAVIS: We have a motion of recommendat from Mr. York. Is there a second? COMMISSIONER PRIDDY: I'll second that. CHAIP34AN DAVIS: Okay. Any discussion on the motion~ COMMISSIONER NELSON: I just wanted to say that, for this situation, but also, I don't know what we think~th about. Everyone who doesn't get a permit and gets cau~ come to us with the same sad story, that it's going to have ~a~terri~ financial impact. What did we think this was all about don't pay their electric bills in the winter, ~have terrible stories, but I don't know how you can get unless you just indicate you can't do this.~' CHAIRMAN DAVIS: Yeah, I appreciate what you're going to support the motion. I think -- I think that with t doubling of the variance application fee and -- and I'm is quadrupling of the building permit fee, that there is --~ there's some punishment in that, and the time spent lengthy process, and I really don't see any service tearing the garage down, 'cause it's not something I could easily be moved, but I agree, Mr Nelson,.it,s~a all the way around. ' Any other discussion? Mr. Bruet? COMMISSIONER BRUET: Can I ask Ms. Student'a quest: need to ask Marjorie -- the staff recommends'a'denial~based related hardship. What's our criteria for these typeS~.of!~ MS. STUDENT: Your criteria is the same as the staffs COMMISSIONER BRUET: Well I know, that's what I'm understand -- ' MS. STUDENT: I can't tel have to tell you that those are' the.%riter~a based on what you hear today, on the sworn in the staff report and what you hear .that- your determination. COMMISSIONEK BRUET: How doe~ ationship impact fees weigh against the land.related bards) p' MS. STUDENT: I don't know that it does COMMISSIO}~R BRUET:' 0kay."/~Thank CHAIRMAN DAVIS: Yeah, that's right,' and I remember, it was, I think, two or three cycles ago when the:LDC changes were -- and where variances and the. like were in the intensity of the requirements, but ir'tends call on our part, at least to some MR. BELLOWS: Yeah, I made note in the staff's are special conditions that favor this, such'as the"locati. Estates with the large lot type zoning out there, that! impacting an adjacent property, won't affect light and between structures or create a fire hazard.??So there are'some~i~atura conditions that are inherent in the Estates that would ~J.~ approval of this variance, but it's-Justj~:staff felt from recommending approval because there were no build! issued. CHAIRMAN DAVIS: And I daresay have something to build, they'll get a building after going through this process...~.. ....... Any other discussion? .... COMMISSIONER WRAGE: I would just have to agree~w going to support the motion, Just barely .... I certa~nly/sym~ Mr. Huff, but we get into the old precedent situation,~ penalties, obviously, I'm not sure what the value with Mr. Bruet on that. !~,~. ~.~:~'. CHAIRMAN DAVIS: Yeah. All righty~ All those by saying aye. Opposed? COMMISSIONER NELSON: Nay. .. COMMISSIONER PEDONE: Nay CHAIRMAN DAVIS: So let's see. That passes yOU. We'll pass this for the record down to the s~ COM/4ISSIONER NELSON: Thank you. I've got a.lot CHAIRMAN DAVIS: Petition V-97-13.;i:'Mri' Badamtch! Once again, all those present that are going to petition, please stand, and raise your ri hands s~ sworn. (Whereupon, all speakers on this MR. BADAMTCHIAN: Good morning, commissioners from planning services staff. Mr. Dennis Cronln,~re Mrs. Ellis, is requesting an after-the-fact variance required side yard setback of 7.5 feet to 5.11 feet )ool cage -- pool enclosure for a 'located Lane in Pelican Bay. ::!.i~ This building was built in 1986. In 1989, Bore11 'ilConstrUctiOn built this enclosure without a permit, and since property has changed hands twice. In 1997, the new owners noticed the violation and applied for this variance?in~ordl the violation. Unfortunately, there's no lands relatedlhardSh staff has to recommend denial. Staff has received several from neighbors and they were all in favorOf granting! ~!~ CHAIRMAN DAVIS: Questions of staff?i~~. The petitioner's representative? ~'~ MR. CRONIN: Yes, good morning. My name is Dennis Cront! an attorney with Bond, Schoeneck and King, representing Mr~and Ellis in this petition for a variance.' As the planning staff · indicated, Mr. and Mr. Ellis are the owners of this propert acquired it in A9ril of 1997. At the time of their through a survey, they discovered the existence of this~viola~ As planning staff has indicated, this goes back to~i~ owners prior to Mr. and Mrs. Ellis, that's when the pool constructed. It would be a hardship, I believe, for Ellis to try to remove this. It does not -- it has in~existi since 1989 and it has not caused any problem and it'waSiiOnlY~thrOu~ the survey process that this was brought to the county'si~attention' No enforcement or action has been taken We think that:lit would hardship and waste to try and remove this at this considering the fact that it existed, and as the plannihgi!~Staff indicated, there's no neighborhood objection to its existence minimal -- minimal amount of variance that we can a COMMISSIONER YORK: I have a question'' CHAIRMAN DAVIS: Mr. York COMMISSIONER YORK: Chahram, if we didn't this variance and the petitioner wanted to put a --!I this once before, but if the petitioner wanted to plan~i full grown King Palm in that variance area, it would be that correct? MR. BADAMTCHI~: Yes, it would be alloWed, build up to a six foot high wall, concrete wall, if theyiiwante¢ COMMISSIONER YORK: And this is the third owner from this was done; is that correct? MR. BADAMTCHIAN: Yes, this is the third owner, correc COMMISSIONER YORK: Have we had a problem with Borelli Construction with this kind of constrl/ction before? ~i! MR. BADAMTCHIAN: Not to my knowledge. Thisis I've heard Borelli Construction's name. CHAIRMAN DAVIS: Any other questions of staff or~ Mr Nelson. COMMISSIONER NELSON: I guess I'd like'tO aski~s~ surprised this didn't show up during the sales process'i MR. MULHERE: Well, i think it's odd. SometimeS?~ sometimes they don't. I'm not sure how that happens know, whether the bank in some cases doesn't re~ is no lender involved. ~.:?,~ ~.Novembe~ MR. CRONIN: That's what occurred in this situati( owner who sold to Mr. and Mrs. Ellis was a trust who acgUired.~thE property for cash and no survey was undertaken at that When Mr. and Mrs. Ellis acquired the property in Aprili~of they had Mrs. Nelson, Carol Nelson, perform a and it was discovered. - MR. MULHERE: The great majority, ~ percent or higher of the variances that we see, are after~ they're generally a result of a transaction and the encroachment. That's generally how it happens. COMMISSIONER NELSON: Well, I see this one is diff~ last one, in that Mr. and Mrs. Ellis didn't seem to do cause this problem and would have a hardship tracking back owners to even make a claim, so I think this is differen! CHAIRMAN DAVIS: Uh-huh. Well, if -- is there wants to speak on this petition? ~.':.'. With that, I'll close the public hearing and for a motion. CO~4ISSIONERNELSON: Yes, CHAIRMAN DAVIS: You spoke so eloquent1y. COMMISSIONER NELSON: All right. I move -- I move let's see, we're sending this -- that we recommend Petition that we recommend it for approval. - COMMISSIONER BRUET: Second. CHAIRMAN DAVIS: Motion of recommendation for approval Nelson, seconded by Mr. Bruet. Discussion? All those in favor, signify by saying aye. Opposed? ..L!:i' (No response.) That carries unanimously. MR. CRONIN: Thank you very much. CHAIRMAN DAVIS: Thank you. Next uD is 0SP-97-3'~ COMMISSIOneR PRIDDY: Mr. Chairman, I need to discl a phone conversation with a Mr. Gary Richter in relation petition. CHAIRMAN DAVIS: I had a brief meeting with Mr. Lindsay and Mr. Richter on this petition. COMMISSIONER WRAGE: I had a conversation with think we talked about this. ~ CHAIRMAN DAVIS: One banker to another, who With that, I'd ask all those present that are goi! this petition to please rise and raise your right hand reporter may swear you in, if you think you may speak on (Whereupon, all speakers on this issue were sworn~ CHAIRMAN DAVIS: Mr. Reischl. MR. REISCHL: Morning, commissioners.' Fred Rei: services. This is a request for off-site parking addi' spaces for the existing First National o~ Naples branch. The existing bank is located Tropicana Boulevard. The Tropicana Boulevard and on 25th Place Southwest.~.~:Thi building is zoned C-4 and the proposed off-site Parkin¢ .~RMF-12. There's no structure on the subject lot ?structure on the adjacent lot.~'~In one of:~the ptcturesl~ you can see the one storY mult£- build acent lot. "~,~ ~ne traffic flow for the petition wil~ /'flor, excuse me, will be from the~existing improved, and from the existing parking lot of the' can access the parking lot from Tropicana;or from the The 12 spots will be here, outlined in yellow,. take them out onto Tropicana for a right turn only,'l~exit petitioner has also proposed an ATM on the existing off-site parking, and that's the point of contention the petitioner. -~ '~i ..... : Staff believes that the ATM fs a -- an accessory petitioner is -- states that the ATM is an access¢ parking lot. -.~- .... Since this is residentially zoned the off-site parking and it does meet the criteriai'fol zoning district. It's bordered on one'side by commerc: the criteria that were reviewed in the staff'report~'and Tropicana -- one of the statements says that they cannot local streets, Tropicana is technically a local street conversations with Ray Bellows on transportation relat~ decided that it does function as a collector for ~:".that being resolved, the only issue between.the F was the function of.the ATM, whether it's an accesso lot or an accessory to the bank. So staff recommends approval of th~ CHAIRMAN DAVIS: Questions of staff? COMMISSIONER NELSON: Just so that I understand~i sounds technical, your objection to the ATM. Is there someth] there something actually wrong with the ATM in that ~rticu] location? MR. REISCHL: It's -- a bank is a conditional district. Therefore, it's a more intense commerc~a! is. Parking, for example, the four-plex that's gonna be very similar to what they have? proposing. So parking is a use that is normally RMF-12 district and the ATM is not. That's~staff~s!iobJ~i MR. MULHERE: I would add that the concern.I-ilthtn ~rovisions for the off-site parking, especiallY:relat] residential -- in residential zones is pretty restric! banking occurs from the vehicle ~or running, if there's a line queuin ~have a greater impact on the a] COMMISSIONER YORK: Have we had any letters MR. REISCHL: No letters or phone calls in favor~Or opposed MS. STUDENT: I have a question for Mr. Mulhere~'%'if~I Bob, does our code allow for off-site parking or facilities to have any other use but parking facilit£~ ~' I'm trying to get to whether we even have the author to permit the ATM there because of the purpose of the;off-si! · shared parking~ ...... MR. MULHERE: Not to my knowledg I mean, it' .. doesn't discuss -- this is really an accessory commercial bank, but it's a little bit unique. I mean, there are .... ~'there~are think other examples where there are, you know, money machin, electronic banking machines in other than the usual places might see them. I mean, they're all over the place to( little bit different because it is a drive-thru.~. COMMISSIONER PRIDDY: Mail drops MR. MULHERE: Right. '' COMMISSIONER PRIDDY: I see this as a Win/win community because if it'll provide a place closer to home for to stop and get cash, rather than driving down the road'f three miles or wherever and clogging up the roads, I see'it service to the -- you know, to the residents and keeping off the road, so -- COMMISSIONER YORK: I agree with that~ COMMISSIONER BRUET: This is not unique, is happens many times. I believe this bank has this elsewhere and it flows quite well. MR. MULHERE: Oh, I think they do, b~t they don residentially zoned property. COMMISSIONER YORK: Well, the other alternat] commercial zoning and then get conditional use MR. MULHERE: Or a rezone to C-l/T, which, you know qualify for that rezone process. That's the only ask for the off-site parking. So I think, you'know sides to the issue. One, this is not a rezone, so the neighbor can have some level of comfort that the only~ will be permitted on that lot is the parking and the family home, because it's not being rezoned to commer6 is -- you know, I mean, there is an argument on both?is The only question I would have, and I think, staff looked at it, was there is an ATM existing on the Perhaps it makes more sense during the realignment to relocat~ but I don't know that all the options have been like that on the commercial property there as well COMMISSIONER YORK: I agree with Mr. Priddy, probably an enhancement to the community and to their CHAIRMAN DAVIS: Mr. Bruet. COM/4ISSIONER BRUET: And there were no the adjacent property owners. MR. REISCHL: No calls at a11. ...... November 20 1997 MS. STUDENT: The only concern I have is one from a L perspective alluded to by Bob, that it is a commercial use on a residentially zoned area, and also can you tell me if we've granted off-site parking and allowed any other kind of accesso~ to the principal use on the shared or off-site parking? MR. MULHERE: To date we have not. MS. STUDENT: I have a concern about that, and you may do whatever you wish. We haven't received a request for legal'services on this point, but it's something I need to look into because.I have a question in my mind about our authority to do that on two points, ..... because our code provides for parking only, and secondly, because it s a commercial use in a residentially zoned area. CHAIRMAN DAVIS: Well, certainly any motion made by this board could be pending legal review. With that petitioner,s representative. , MR. HOOVER: Good morning. For the record, Bill ~oover of ~oover, Planning, representing the Petitioner. Did the commissioners get copy of this aerial photo? CHAIRMAN DAVIS: I don't believe so. MR. HOOVER: Let me pass that out. COMMISSIONER PRIDDY: I'll pass them down. MR. HOOVER: One of the things here is we need to look a~ the big picture here and Golden Gate City is struggling to become a quality community, and I think if you drove by the bank you'd see it's been one of the nicest looking facilities throughout the One of the issues, the reason we're trying to move the ATM, we discussed this a little bit with Ed Kant, was that the ba drive-thru traffic is backing -- the drive-thru,s on the northea: side of the bank there and it's backing up, and so we're havi g trouble for the people to use the ATM machine. So they're hay trouble getting there in their vehicles, and Ed supported the'fac traffic-wise, it's going to be better moving this on the out parcel there. One of the things we did was we offered 50 percent more '~'i' landscaping than even what's required in the code, and if you put · yourself in a position, if you're in -- let's say you own the RMF- ~i..-..- quad-plex directly to the east, if you look on the site plan,::,'we ~ got an area that's gonna have a substantial number of'trees and, >//landscaped area, and would you rather have what we're. _- would you rather have a quad-plex there? That's one thing;,~ and. I, think we might also look to another off-site ark g p approv,d, and I was th. on, that had originalYY ~ back d fte hat.?language , -- I don't know, about seven years ago,. and it was gned .~.~ came from Marco Island and the intent was to held out Ia properties in developed areas that were having problems.~i., to the east, we've got a strip mall, we've got Juicy Lucy's west, across the street, we can put in some parking on C-4"land ~i/'i!' don't think Ed Kant would or any of the county planning stall recommend that we have people walk across Golden Gate four-lane arterial or that may be a six-lane arterial~ Nove~be2 or so. Bus T think if we looked at Spank~'s Restaurant fo nstance/ here's ano~e~ co~e~c~a~ use ~ha~ has a pa~ng ~o~ ~n a res~den~a~ · one, and ~a~ ~e'~e p~opoB~ng he~e, ~ ~h~n~ as a p~anne~en an ~ ~c~ne, ~s gonna be ~ess ~n~ense, because a~ Span~'s ~e hav~ a~coho~ being se~ed and ~ don'~ kno~ ho~ ~a~e ~he~'~e open a~ n~gh~~ ~ ~ ~ou~d p~es~e ~'s a~e~ ~ go ~o ~d, a~ ~eas~ on F~da~ n~gh~ probably, ~ I think in tha~ case, we have a rather -- intensive land use where the parking is fairly intense in the ~at we have here, after about six o'clock, it's pretty ~ch going tO be gone and the parking there, I don't think is going to be ve~ intense, because that's intended only for e~l~ees. ~So they come in, go to lunch, th~'re basically making two trips in ~d ~ two trips out a day. CO~ISSIO~R BRUET: Okay. Ed, Mr. Kant? CO~ISSI0~R ~GE: Mr. Hoover, can I Jus~ ask a ~est]on on traffic? Is it a reasonable -- I usually being the person that want: to go the opposite way, and they're not gonna be allowed to the left, is there a reason why you di~'t come out on 25th Place Southwest, rather than out and ~ke them you know, for the south on Tropicana, to go back to Golden Gate, he's gonna have to do something else -- I mean -- MR. KANT: For the record, Edward Kant, transportation services I can help you with that, Mr. Wrage. Two things before I answer that question, I need to preface my remarks by stating that it's understood when Mr. Hoover's referring to me personally, it is as a .'.' representative of the Transportation Services Department, and in professional capacity. Two things, as far as going out onto 25th, there is a restric~ · on access from commercial to residential properties and we,<When we reviewed this with the applicant, we were very concerned about dumping. what could be construed as commercial traffic onto 25th, which 'we believe is a residential -- is characterized as a residential.lstre~ We also wanted to make sure that the traffic was directed back into the commercial stream on, as Mr. Reischl's pointed out,'~what~ would be functionally a collector roadway. We did not try to do this so much for convenience of the customers of the bank, nor~fo~ convenience of the people living in the area, what we tried! was again to separate the traffic stream and to make it w6rk so that the is only one point of blend, rather than two points of~bl~ why that's a one-way exit, and again, I'd like the record that in the -- that our analysis of the location of the whether or not it would work, was done on a technical basis~ any consideration of whether or not this was a zoning or.~lega] and that's why when -- I think it would be fair to the ap~ if they relied on that analysis, we did not try to render~any~kind opinions as to whether it was legal from a planning feasibil~ but only from a traffic technical point of view. COMMISSIONER PRIDDY: Mr. Chairman, I would point out that t is another opportunity to reduce their ll build one, but for those that are keeping count CHAIRMAN DAVIS: Put a parking lot in instead of how many residential units would there be? MR. KANT: Four. CHAIRMAN DAVIS: Yeah, could build four residential units on the-lots MR. HOOVER: Do you know the size of-the lot? CHAIRMAN DAVIS: Point taken,~ staff or petitioner? Anyone else to speak on this Seeing none, I'll close the public hearin¢ COMMISSIONER PRIDDY: Mr. Chairman, I move that .. recommend for approval, Petition 0SP-97-3i:~.with the ATM allowed COMMISSIONER YORK: If legal.. COMMISSIONER WRAGE: Second. COMMISSIONER PRIDDY~ Yes, we'll be Commissioners, it's legal until somebo. ~ells us COMMISSIONER WRAGE~ Second. COMMISSIONER YORK: I'll second MS. STUDENT: Well, I Just want to say' it's no: -- I mean, if there's a problem and it's not from the beginning, if you don't have authority to do CHAIRMAN DAVIS: There was a motion of recommendatiol by Mr. Priddy, and I think initially seconded by discussion on the motion? All those in favor, signify by Opposed? ...... ~ (No response.} Carries unanimously. Okay. Let's see, CU-97-17. COMMISSIONER BRUET: Mr. Chairman, I need to re. this item. My employer owns the property;~"the lease effective. CHAIRMAN DAVIS: Okay. I'll ask all those here today that are going to petition to please stand and raise your right hands so reporter may swear you in. (Whereupon, all speakers on this issue were sworn~ CHAIRMAN DAVIS: In the way of disclosure, I had'a~.very conversation on the phone with Mr. Hooks, the petitione~, provided everyone a copy of correspondence Ms. Tammi House. Mr. Reischl. MR. REISCHL: Morning, commissioners request for a conditional use for airboat touroperation: is located south of US-41, and this map will prObabl best location. State Road 92 is just off the map the blue line is State Road 29. Yellow is US-41 subject property, the south -- the portion of that section below, south of US-41, that is Port of the Islands reference, Everglades City is the site, the blue on blue is November piece, you can see the borrowpit.that,s on the s distinctly in the aerial, and the petitioner has marked the trail~ . blue, their proposed trails on the site plan, on the aerial On the site plan, you see it in a little more detai~ of way of US-41, the canals, the proposed parking pit, and the pink shows the existing docks that will.be"~'us~ the airboats ~ ~-~ The petitioner was heard by the Envlronmental . the EAB added approximately seven stipulations to which are included in the resolution in your packet~ilIncluded among them were the limitation of hours of operation from one hou: sunrise to one hour before sunset.'.~ Instead of definitive felt that this would allow the operation during daylight, hours a times of the year, with minimal disturbance to bird roost~ nesting during the dawn and dusk hours, i.~-~'~i~.iii~,,~.~- The three parks involved were all not£f~ed ~- that was discussed at the EAB was on the south trails -- you can see that on your map in your packet-~a~li -- two of the trails come within 50 yards of the south bo~ that was proposed to the EAB that there be no airboat tour~oPerat. within 50 yards of one of the parks..~The EAB decided that stipulation because of these two points. However, 7 limited to staying on existing trails. Therefore, at two points will they come within 50 yards of one of the felt that was a self-limiting situation. .-~'! ......... COMMISSIONER YORK: Who owns this land,~ Fred? MR. REISCHL: The land's owned by the petitioner COMMISSIONER YORK: And it's environmentally sens: MR. REISCHL: It's in the area of critical statelco COMMISSIONER PRIDDY: The land's owned by Collier~ COMMISSIONER BRUET: Yeah, I believe Collier land. CHAIRMAN DAVIS: Well, maybe the petitioner's re' MR. REISCHL: He can speak, but we have a dee~ Hooks as the owner .~ MR. KEENE: For the record, Beau Keene with Keene' representing Jerry Hooks, and Jerry Hooks is the property It's 194 acres MR. HOOKS: Yeah, I own the property~ COMMISSIONER BRUET= Yeah, i need to one Ramsey, who works for Collier EnterpriseS'~i~has~been, leasing of that area and he was copied bythis"corres~ · that? What's the connection? I need to clarify this~ MR. MULHERE: This gentleman wasn't sworn~: CHAIRMAN DAVIS: Mr. Hooks, were you sworn Did you say you were sworn, and if you can~ide~ MR. HOOKS: I'm Jerry Hooks, I'm the owner of the question. Mike Ramsey has no connectionWhal in which we're concerned with. He is leasing of the other airhoat rid 's involved in it. , ~ COMMISSIONER BRUET: Okay'~!~ Thank"~ 'd lik~ CHAIRMAN DAVIS: So that takes your ~ dilemma COMMISSIONER BRUET: Yes,. but MS. STUDENT: Oh, COMMISSIONER BRUET: Tha~ COMMISSIONER NELSON: You' re un-recused CHAIRMAN DAVIS: Mr. Reischl2!'.~ MR. REISCHL: To give you a clar ~cat on this map this red shaded area is the Everglades priVate~Airboa~ Tours operation, approximately 10 mileslto the east and dock here, which is the launching location~for which basically runs on open water.,~i~,They,re a~little from Everglades Private and Mr, ~ooks' ~ proposed Private is approximately 1,000 acres, i~ Mr.~l{ookS.is CHAIRMAN DAVIS: Any questions 'of COMMISSIONER NELSON: Forgive me,' Pred;~:~,if you menti~ I missed it, but this letter that we got'i, from Tammi ~ouse'~indt'¢at~ that a competitive airboat tour is subject~toa ,lot!~o that the don' t be ,. f' s petitioner is now~:This~is~:o: the letters that's sort of irritating that you these stipulations are. ~ Is that true? ' MR. REISCHL: Well, what was F the' EAB spoke at the EAB, and the stipulations, from heril,.~her&operatti cond ' ional use were gone through and if l theY a~lY them conditions .for this proposed conditional:'use also MR. MULHERE. I think that some of, the stipulatiO proposed on Everglades Airboat 2"~Private Airboal past few years were deemed to be not,appropriatei~?%~;On annual bird study, which couldn't really:in,the end rovid ,~deftnitive information as to whether or not,lthere werPe,~ne .impacts associated with the airboat tours on the MR. REISCHL: And the board has directed we remove,,:~thal her conditional use. That's in the processl of now. MR. MUnHERE: Secondly, there are s< the s:a~ is recommending on thts:OperAtion~! :included in Ms. Haus' operation. ~ost notably; limi~at~ hours o~ operation and the number :will get into that, hut it's based on ~he relat property on which ~his operation can Opera~e;~!.versus. Private -- Everolades Private Airboat Tours has ithat they lease, so -- hut ~'11 let Pred ge~>intO MR. REISCH~: And also, i concerning the~iboat., conversation with Mr. Hooks yesterda~ !ii, ii'He did :war tustment or request an ad' t om tbs passengers o~ the boat. CHAIRMAN DAVIS: ~: :Yes, .Mr, request. Through this process,' is there somerelat£onsh~p' number of boats and how manyacres,--vbecause does.se, big discrepancybetween the two?~.'~.-~".~,-,-: MR. REISCHL: That's what we were trying to'accom~ said Everglades Private Airboat Tours~'is apProximately~l,00( =res is approximately 200... We were tryin between · g to get some kind~oflratio size and the number of boats operating on the Sites two different sites ..~ - CHAIRMAN DAVIS= Yeah, and I guess that's what I'mWon, abouu because as I read Mrs. Haus' letter~it's six boats.on~a~ over 1,000 acres, versus three boats on less than 200 acres, guess I was trying to figure out where the ratio is there MR. MULHERE= I don't think that there necessarily was We felt that three boats could be accommodated on the a, ~e that six boats might, if the use was cons=an2 and if bu~ good, might have a deleterious effect on the environment. on the animal species in the area, but ~he relationship~.~%~i-mean there is no comparison bucause I don't know tha=..---I,m not even sure the issue was discussed when Ms. House came in as to how mar she might have been able to have. I'm not sure whether discussed. COMMISSIONER PEDONE: If Ms. House wanted to increase of boats and bring herself in line with the ratio would she to do that? ' MR. MULHERE: I think she could re-~ commission or the board to increase that number. There was limitation of six boats placed -- ultimately placed on her not sure what the discussion was at 2hat.:time..~,-That,s somethin can look into, whether or not'it was placed on Everglades~Privai Airboat Tours, based on some belief that by l~miti~g the numbs boats, we would minimize the ~mpacts to the propertyou=.~there I'm not sure even what the market demand is and whether~0r.not a market for three or four more boats out she could do that and she indicated,~at~the planning commiss meeting, she might be willing to come back and do that COMMISSIONER YORK: My concern is ~o the wildlife CHAIRMAN DAVIS: And from what I've read in the~i there seems to be, you know, I guess the recommendation seem to be what ~ _ the land can tolerate.~'...:Okay. :. Mr. Reischl, before we move to the petitioner,s representa~ MR. REISCHL. I received a phone call inquiring aspects of the operation. He requested mc.to give after your recommendation, and I received in effect, let the developer do what he wants. words. ,!i~:~:' ~,~: CHAIRMAN DAVIS: Okay. Mr. Keene MR. KEENE: Again, for the record, Beau Keens. I think a pretty good job. We're comfortable with all the condition approval, with the exception Hooks airboats ranging in size from 13 to 17 feet' and an 18 foot boat is little larger than the trails currently can handle, and we requested permission to use 4 boats at any given time to 16. fe~ in length and 6 passengers. -., COMMISSIONER PRIDDY: I have a question. CHAIRMAN DAVIS: Mr. Priddy. COMMISSIONER PRIDDY: When did)tr. Hooks acquire this about h~w long ago? MR. KEENE: Two years ago. '"~-"' ~ COMMISSIONER PRIDDY: And was that from the Collier fam MR. KEENE: NO, sir. ~, CHAIRMAN DAVIS: Okay. Any other questions of the petitioner? Okay. Thank you. Anyone else to speak on this petition today? Seeing none, I'll close the public hearing. COMMISSIONER BRUETI Mr. Chairman, I think everybody-needs..to earn a living somewhere, and those in Everglades City are kind o! limited somewhat, so I'm going to make the motion that we approve Petition CU-97-17, as requested by the petitioner, that's four boat 15 to 16 feet long. MR. REISCHL: Is the maximum 16 feet? - ~ COMMISSIONER BRUET: Yes. . COMMISSIONER PRIDDY: I'll second that. CHAIRMAN DAVIS: Any discussion on the motion? COMMISSIONER YORK: Well, my main concern is that, you know many of these are we going to allow out there? We've got the Everglades that are, you know, are Just -- there's a bi government movement to try to restore them and I d~n,t'see does anything to help that situation..~ COMMISSIONER BRUET: I believe these are all uses of trails. You can't make new ones, Don. He's going to utiliz~ available with certainly minimal impacts. MR. REISCHL: That's correct, and the area of concern, salt marsh grasses are protected and basically you couldn cut new trails, that's why Mr. Hooks is proposing Just to use existing trails and that's why the EAB was satisfied for those two places I noted, the boats would not come closer/~ yards to any of the parks. ~ Mr. Bruet, can I ask if you're going to limit th~ numbel passengers or change the number of passengers? COMMISSIONER BRUET: As the petitioner had request~d he knows the market better than I. CHAIRMAN DAVIS: I'm not going to support the motion. is, I feel a lot more comfortable with staff's recommendat what the petitioner's asked for. Any more discussion on the motion?..~.. COMMISSIONER NELSON: Mr. Reischl, you were aware petitioner wanted to make the boats smaller and increase thc when you prepared your recommendation? MR. REISCHL: No, I heard this COMMISSIONER NELSON= All right. And more -- one more boat, but having them · MR. REISCHL: ~, again, I'm not an expert in the mark~ ~using existing trails, so basically it,s gonna be a noise prObl r than destroying the salt marsh grasses~gIt,s gonna be~ithe ' no~se of four boa~s, versus the noise of three ~ats ~aC~ one/~ would be ~he ~n ~ssue. I think that perhaps~ ~he hours~- ~ the hours of operation would have more of ~ effec~ on ~he than the n~er of ~ats ~ C~I~ DAVIS:. ~e n~ro~ ~. REIS~: Not to ~ recollectiOn,~ no,~it ~I~ DAVIS: ~anks. ~y more discussion' CO~ISSI0~R ~GE: ~e only thing,~ support the motion. ~e of the th~ngs I do note, and I~have on Mr. Hooks, ~ats, ~t I've certainly been on the EvergladeS]~-pr~vat. Airboat Tours, and I believe they even adver~ise a nigh=~operat~on At some point, us or the county,s going to need to establis f~eld out there of operation, I think of~size,~?./,m not~ dwelling in co~etitive issues here of one person over ~noth don't believe that's our pu~ose. ~ ~ ~. REIS~L: Well, the ~B asked staff to prop°se t of County Co~issioners that there be special conditions establish~ for air,at conditional uses and the board decided that ~theY~would want to look at them on a case ~ case basis,~ they did~~ ~. establish standards at this time. CO~ISSIONER PRIDDY: Mr. Chai~n,~I CalI for the C~I~ DAVIS: All those in favor o~ ~mot~on saying aye. ~posed? Nay..,, CO~ISSIONKR YORK: Nay,' C~I~ DAVIS: It carries fire~ to two,~' against. We need to fill out our conditional use Sheets. CO~ISSIONER ~LSON: ~d pass them to our secreta~ C~I~ DAVIS: Yes, and pass them to our secreta~ The next petition is PSP-97-- PSP-97- I'd ask all those pre~ent that are going to test petition to please stand and raise you ~righ= hand so you (~ereupon, all speakers on this issue Were.swo~)? ~. NINO: For the record,~ n~e is Ron Nino a project which I'm sure you're ~ite f~iliar long ago that you approved the P~ rezoning action,: and that the singular issue that c~e out of that discussion ~ to prese~e a right-of-way along the south side:of That issue went to the board and the ~ard dete~ined that ~ did want a right-of-way. However, there was a reducti( of that right-of-way of 30 feet as it lies conti~ous e~ands the 50 feet on the weste~ of~ Reviewing staff have asked r~ .in the PUD -- in the resolution of adopti°n, ThOse' ar~-a11~reflected in the resolution, which would assure us that as this project goes through its development phase, that all ."-his action will be cOnsiste: with the requirements of the land development code, Substitution to design standards are included in the -- in this resolution;i.i i beli. they mirror the ones that were approved in the PUD.: Staff rec~ approval subject to the conditions described in the draft resolution of adoption. Mr. Farmer is here from Coastal' Engineering to indicate whe! or not they have any objection permit everything through the South Florida Water Management Distric~ ii~i and while we were going through that permitting process, we come up with some unique cross sections that would allow fo had to ~.~ project to go forward. ~ Part of those conditions is where we actually had · grades for the road and that does not allow for the quarter inch foot that is requested by the county. However, if you run it~out on calculator, instead of .25 feet pe= foot, we're sloping it ,234~feet. per foot, and my request is that we -- you approve this,'~withi.~the condition that it's -- what we're asking for is half a foot/six inches over 27 feet instead of the qUarter inch per ~ that -- MR. to the conditions of approval. Farmer. FARMER: Good morning. For the record, my name is I work for Coastal Engineering representing the who am I representing, the -- plaintiff CHAIRMAN DAVIS: The petitioner. ·. MR. FARMER: The Petitioner, thank you. I do have one cha~ge t request in the conditions, condition 3 (B), when we were designing this project, nowadays before we even visit Collier County, we have MR. KANT: Edward Kant, transportation services. It, minor issue. COMMISSIONER BRUET: You couldn, MR. KANT: Pardon? COMMISSIONER BRUET: You couldn,t even check that? COMMISSIONER YORK: Actually, Ed can check that. CHAIRMAN DAVIS: So it sounds as though there's with the petitioner,s request. Anything else? MR. FARMER: No. Thank you. CHAIRMAN DAVIS: Thank you. Hr. Priddy '~i ~s th. to speak on this petition today? ~u cnange COMMISSIONER YORK: 'I'11 second it. CHAIRMAN DAVIS: Motion by Mr recommendation of approval, excuse' Prtddy, seconded by Mr favor, signify by saying aye. me, for approval. Opposed? November '20, '1997 (No response ) .~, ~ Carries unanimously. Petition Number DOA-97-2. Onc~' again, all those preSent~ that are going to speak on this petition, please stand, raise your right so that you may be sworn by the cour~ reporter-~.~L ."~ (Whereupon, all speakers on this'issue were sworn, CHAIRMAN DAVIS: Mr Nino' ~ ~9~'~!i.?~ .... ~ ~.? MR. NINO: Yes, Ron Nino, for the record. You may recall discussion of this petition three months ago and the issue was continued to allow the developer to consider some of the concerns staff had regarding density and intensity. ~ What you have here is a petition asking to extend the 'life o~ Twelve Lakes Development of Regional Impact by another seven years, for a total extension of twelve years, and staff is saying we don't ~ have a problem with that and neither does the region and the state. ~.~ -.~.-t .~ :~ ~ ~ . However, we're -- we are concerned that in the real world ..thi development has lost its vesting status from the point of view'of development of regional impact, but nevertheless, we have to be appreciative and sensitive to the fact that there is a zoning here that grants a certain privilege, and the con. cern, quite fra klY~ of staff is that to tinker with it seriously invites addit actions, which I think are unnecessary to achieve what the ~ Collier County are and some of the expressed philosophy that.~ in today's political environment zelative to the issue of densi~ Staff is recommending that the development -- the dwelling be reduced from 1,310 to a thousand and that the commercia1'!!area reduced from 160,000 to 112,500 square feet, both of which&re. terms of the commercial, that's in response to an implicit ru thumb that says we ought not encourage any more than 10,000.is¢ feet of commercial development per acre of land that~ is zo purpose. Applying that rule gets us to the 112,500 sc with respect to the issue of density, as I may have indicated the staff report indicates, this property has a great deal environmental sensitivity to it, such that approximately acres of the 260 some acres, or whatever it is,. can be when we apply density in terms of that net area, a thousand .s consistent with what we think will produce a more desirable housing development, rather than the 1,310. · We have not structured a final development order yet some changes that need to be reflected in that development meet -- to meet .legal form and sufficiency. ,~ .,~ MS. STUDENT. I need to address something right now We looked at the issue of commercial further and there in our plan, policy 5.1, that indicates that if there that would be permitted so we don't have a comp. plan' c°n~ist~ issue now because the comp. plan allows for that. · There is one issue I talked to Mr. Mulhere and Mr. and that's the fact that staff is bringing commercial and it wasn't advert~sed;i~so if we need to bring it back Just forma: ust to have you 'again, because of this advertising,~it,s something I need toi into, we'll do that, but I Just need to Put'that on the'rec~" you. · MR. NINO= In conclusion, we recommend that development order to extend the life of this development'Of re, impact, including the -- the revision to the phases,~which.~s from extending the life, we need to change all,the dates, and that you direct that the development order~amendm~ include a provision for reducing the density to a thousand --~I me~ <~ the housing units to a thousand dwelling units and the commercial! to 112,500 square feet. Mr. Vines is here representing the )etitioner. COMMISSIONER YORK: Ron, a question.~ The develt expired~ is that correct? MR. NINO: The development ~ ~"~:n~ ~ order,TM don,t kn°w ~really put it in that term, b~t it is -- it was exempt from zoning until April of 1997, and the development order expired technically in April of 1997. ~owever, the application was before that and we don't really -- those dates are not.l Ica dates, it's when they get their application in here tOl]askffo~ extension, they were before the region, the region approved of extension. DCA has communicated with us, indicating that' considered the extension of time to be of an insubstantial'n had no problem with it. So we -- we really don't like to~ithink~ it expired necessarily COMMISSIONER YORK: Okay. Another question. By granting this Petition, this extends it how long, twelve MR. NINO: Twelve years from nineteen -- what is 'the/date COMMISSIONER PEDONE: Seven years from. MR. NINO: Oh, here's page two. '~ COMMISSIONER YORK: Seven years from April? MR. NINO: 2002, 2002. April 19th -- COMMISSIONER YORK: Five years, okay. MR. NINO: -- 2002. It's in the.,staff CHAIRMAN DAVIS: Any other questions of staff? Mr. MR. VINES: I'm William Vines. I'm the applicant on behal: the owners and I'm authorized by the owners:to offer the staff recommendation. CHAIRMAN DAVIS: AnY questions of the petitioner,s representative? MR. NINO: I neglected to indicate that Mr. vinei handout indicating they were agreeable to doing that. COMMISSIONER YORK: This is in the name of the trus correct? CHAI~dAN DAVIS: On the back sheet .... COMMISSIONER YORK: Very good, thank you; COMMISSIONER PRIDDY: Mr. Chairman, approval DOA-97-2 CHAIRMAN DAVIS: If you could hold November~20 Is there anyone else to speak on this P .on today~ Seeing none, I'll close the public hearing. Mr. Priddy~ COMMISSIONER PRIDDY: I'm sorry. I thought you'd alr~ done that. Move for -- move that we recommend approval of DOA-97-2 .... CHAIRMAN DAVIS: Motion of recommendation of approval by Mr.: Prlddy, seconded by Mr. Bruet. All those in favor, signify by aye Opposed? (No response.) That carries unanimously. ~.~ COMMISSIONER PRIDDY: I'll point out to staff that you-all to subtract a few more units off of that ultimate build COMMISSIONER BRUET: Four at a time. One or two, three, four at a time, but we're getting there. CHAIRMAN DAVIS: Let's see, on one petition we had fou: it adds up. COMMISSIONER NELSON: We've got 300 here CHAIRMAN DAVIS: PUD-97-13, encore presentation by Mr. Nino. ask all those here today that may testify on this petition to please stand in. and raise your right hands so the court reporter may swear you (Whereupon, all speakers on this issue were sworn.) · . CHAIRMAN DAVIS: Thank you. Mr. Nino. MR. NINO: Ron Nino, for the record. Petition PUD-97-13 deals with approximately some nine point acres of land on the south side o~ Immokalee Road, lying between the Southwest Professional Health Park which has -- currently has under construction an adult living facili~ of 145 units. Additionally, our office has under review a development plan for a -- some kind of a dialysis center. To the east of the subject property, there's the Veterans Pa~ Medical PUD, which currently is ~ndeveloped and as you know landscape and a produce stand on it. To the south of the property, is the Naples -- is the Veterans~ Community Park or North Naples Community Park, and across the way Immokalee Road, we have the most easterly tip of, again, the North'~ Naples Medical Park and a residential area lying north of the~ Cocohatchee Canal, which does afford a substantial buffer between residential development and Immokalee Road. This petition asks you to approve a PUD that would create two tracts and on the front portion of the tract of Horse Creek that divides the property, they will construct:medica offices. On the back tract, which is 6.9 acres, this PUD develop a fire station, a training facility, the kind of'thing recently heard, on Immokalee Road next to Sam's, or a residentia development of 40 units, or 70,000 square feet of professional office space and the PUD sets -- establishes standards for all of those things. Obviously, if we're doing a you-all would agree that probably the least 'compatible o'f'.'the;Uses,ii~i that could be made of this property would be residential -' · :. I mean,'~ it's completely surrounded by non-residential activities and what at~i times could be a very noisy public park, so that there,s~certainly question that the fire station, an appropriate public use, that's -- you know, that criteria,s called out by where we need fire stations._ The fire department has made a commitment that they wish to build station there. You know, in my opinion, that ought to suffice in .terms of justification, particularly in view of the fact that there'sl no residential environment that it could have an impact on. ~:' .... _. The office development, the comp. plan allows that. There desirable use of the property. ' ~-"~ ~ office development on either side of it. Obviously, that's a Residential is a use that is authorized by the growth management'i- plan. Therefore, I don't think we can simply hide our heads and we don't want you to put residential on here, which is really the us~ that it's earmarked for on the growth management plan. The PUD does provide, however, one of the concerns that came to our mind and the petitioner addressed immediately, is that we certainly would not want to see an office building go on --,or some office building .... construction take place on Tract B or the fire station, and the: somehow or other, the balance of that gets used for housing, you let's say rental housing, that would not be a desirable situation, So this PUD says it's either developed with a fire station it's developed in its entirety with offices or it's developed in its' entirety with residential. We're satisfied with the standards that are in the PUD for all of those scenarios. They're fairly consistent with what we normally require for standard zones that dea~ with those land uses. The petition has been revlewed by all of our appropriate staff It currently includes all of the stipulations tha~ have been generat. by staff, including the EAB. The EAB reviewed this petition and recommended approval. Their stipulations are all included in the document. We have some minor housecleaning, however, as has bee by Ms. Student, and they do not affect the substance of the PUD and recommended that you support -- approve the PUD, with the need to do further modifications having to do with legal form and sufficien¢ MS. STUDENT: Just for the record, Ms. Ashton in'our office handled some impact fee questions that I had, because I do that. Heidi Ashton in our office does that, so she's looking at those issues, that's what they were. CHAIRMAN DAVIS: Thank you. MR. NINO: Mr. Fernandez is here representing th~~ CHAIRMAN DAVIS: Mr. Fernandez. MR. FERNANDEZ: Good morning, commissioners. "'Mi~i ernande Planning Development Incorporated, re resen N~no samd, it's a ' . P ting the landowner.~ w ' ' . fairly straightforward ro o ' As Mr. ~lch is medical related or ' P P sl~i?n on the Tract A =ne adjacent PUD. medxcal office, which ls consistent~ ' : ~ is the one that'i ithe'primary objective of the PUD is to get?iit approved for g approved by the commissioners and it sClo; fire department, that will be the only~use on that be no residential or nolCommercialJ~ii~Thoseotherltwol simply there as back-ups, foreconomic~r~Asons;?Jshouldthi!~ department not be approved or'should it noticlose on'the~ We would like to mention a couple or, things uniqUeabout~ithe ~artment site. You had a proposal here:a few months~ago~for?anothe~ site. I would tell you that this pro~ramthat,s being this PUD, is significantly reduced in scoPe,!~i~iIt,s a much small facility. It's intended to serve!the North Naples~Fire District~ It's not open to other facilities~:There is no burn unit:or homes or outside burning of any kind.~?~A11~training wi111 indoors, with the exception of the tower#~which is training in repelling. Other than that;'~ithere is no~oth~ property on the outside thatmay bean annoyanceltothe neig We did meet with the representative of the adjacent?~landoWne~ the only concern that they relayed to us at the t~me was that know, they would like to see some kind oflcommitment!ias f~r~a: operation hours of t~e training facility 0n the exte~ior<~and~e :i~.i~i here s no problem w~th that, we can easily say and stipulate~that:ii will be, you know, relegated to -- from 8:30 in the morning ti11~4~30 in the afternoon. That's daylight hours~!]That,s the on] they're going to be using that facility for. traln~n! ~'iThe only other unique provision about,the fire that it requires an easementi~.to be given by Collier?Coun. north edge of Veterans Park?~!iThat would bea 50 foot easement~ is over 50 -- over 100 feet between.the current facilitieS~and iproperty line. That easement:area,S~currently used by spoke to and they have no objection.to the;~ rather see it paved, it makes thei life a' little trucks to get to their facility. :That would allow the~ onto Veterans Park Drive and ultimately arrive~ 'intersection of Veterans Park Drive and Immokalee Roadat signal that will be provided by the fire department ~:: The traffic signal is something'that~'the Parks!: ~ibeen looking forward to receiving in the future!:. have it and, of course, if it's not at their, exPense that they would love to have. Of course,~ithe si( Mr. Kant will probably remind you, will be :owned and"ma Collier County. , ~.: : ~?::: Now, if that Tract B is n°t deVelo~ lg and administration facillty, it wi11'~nOtilhave'i.access Veterans Park Drive. There'll be a bridge':that access will be through Tract A. With that? .f questions, I'll be happy to answer them.; : CHAIRMAN DAVIS: Questions~of Fernandez~ MR. NINO: L',,Let me a~'' :::,::': !, ~:~: ~!'¥i ':' :~.<:% ed correspondence from Mr services, and they are in matter needs to go to the boa CHAIRMAN DAVIS: And my .osure Fernandez coming up just reminded me that I had a brief meetin~ both he and Mr. Ray Deangelis on this Petition~Mr~' MR. KANT: For the record,.,~Edward Kant,.~ !It seems that Mr. Fernandez and I frequent1y'transp°rtati°n serv discuss things:like traffic signals and their placement.~ I want to remind the boa regardless of what representation is made to me by any Petitioner ultimate decision on whether or not trafficsignals be installed lies with the count ,~?'~'~ CHAIRMAN DAVIS: AnY other,questions of Petitioner? ='staff Is there anyone else here t°, petition? would 1 " Seeing none, I'll close the public hear COMMISSIONER YORK: Mr. Chairman, I recommend we move PUD-97- to the Board of County Commissioners with a recommendation. approval. COMMISSIONER BRUET: Second CHAIRMAN DAVIS: Discussion' Ail those in favor, signify b~""saying aye. : '. Opposed? ~:" (No response.) '. Carries unanimously. Agenda Item I, Petition Number DOA_97L4.~ It's compan PUD-93-13(3). Mr. Nino continues.~ I'd ask all those present speak on this petition, to please stand and raise your ri( ~.' the cour~ reporter may swear you in,,,-,,~.,~ (Whereupon, all speakers on this~issue were sworn; .. CHAIRMAN DAVIS: Thank you.'.~ Mr.?Nino. MR. NINO: Yes, Ron Ntno, for the record.!i':With'. if I could discuss concurrently the PUD and the DOA,.ibecaUse they're interrelated and you can't'really talk about, on, talking about the other ........ .~ - CHAIRMAN DAVIS: Sounds good. MR. NINO: What drives this petition is the 'deci of the owner entities to change their development strat, primarily for the area lying east of Airport Road the current pUD master plan provides for resident -.without any golf course consideration in the area lying~i~a's Road. This proposed -- and it has an activ juxtaposed right on the corner of Airport Road and Vanderbi] Road. The development strategy with:t !"would have the activity center floated northeast of the corne~ intended to be used for a hotel in conjunction with a 27 course and then the remaining land to be That is the major theme for the e. '. Let me qualify, that whil; !theintention is tO'develo nevertheless, we need to appreciate that that re-positioned tract of land on the east side of Airport Road, in the event the hotel does materialize, can still be developed for all of the uses that..are: otherwise permitted by the activity~center district~within the. PUD which is basically a general commercial district. With that commitment to the east side, that changed the' the activity center on the west side. While -- however, while 80 acres of commercial zoning are currently authorized, which is consistent with the growth management plan,r the amendment plan still retains the 80 acres that's split between the east and the west On the east and west side, there was & cultural center,~the cultural center has been eliminated and is made an integral' ~the east/west side activity center, however, the cultural uses are nOW uses that are permitted within the activity center. One other change in terms of land use strateg7 is on the corner,. on the southeast corner of Goodlette-Frank Road and Vanderbilt 9eac~ Road, the current PUD master plan set that land aside as open s and I guess ~C[ realized that it indeed had a marketable piece of property on that corner and are asking with this petition to have land declared a CP District for a community facility, in which the. uses ~o be permitted include churches and fraternal organizations uses of that type -- and that type of land use ..... The staff report points out in doing a compatibility assessment of that external change, which I think we're required to do,~i'advises you that that piece of property is not contiguous to any residential development. ~t's contiguous to an FP&L substation,! and to the nort Collier County water treatment facilities, there's the large storage tanks there, and obviously, the location under that scenario of church on that site would be certainly most compatible with th. surrounding environment and indeed probably a very good site for church, and I think WCI realized that in asking for the modification Importantly, this petition will do -- also accomplish;~ however reduction in the total number of dwelling units from,5,500 dwelling units. COMMISSIONER PRZDD¥: From 56 to 51 MR. NINO: From 56, thank you very much, and will change,;.tl commercial distribution of land uses, which is described in report. For example, the retail will be shifted from'5?5,000 345,000, a reduction of 230,000. Office commercial is reduc, however, the hotel spaces are being increased from 280 to 400 units, 400 units, open space areas, conservation areas, substantially. · In terms of assessing the changes, rms to the growth management plan, certainly all the land uses~'are! consistent, the major issue you might turn your issue of traffic. The staff report points out th~ a benefit to this change. There is in fact:'a reductio~ impacts, I believe, of 28 percent..~ I may be wrong on it's a substantial reduction, in any in November 20, 1997 impacts, and analysis by Jurisdictional staff for LDC and GMP relationships advise us that otherwise the PUD remains consistent wi h all elements of the growth management plan. COMMISSIONER YORK: Well the amendments are all positive in every respect. ' MR. NINO: Certainly, yes, we certainly feel that way, and a-- however, I leave it to Mr. Varnadoe and his team to tel,1 you additionally how great the changes are. We certainly recommend -- we recommend approval of the DOA amendment and the pUD amendment. The DOA amendment is really -- just tinkering with a few parts of it and basically recognizes by reference, the pUD changes and implicit therein, the adoption of a new master plan. CHAIRMAN DAVIS: Okay. Any questions of staff? Mr. Varnadoe. MR. VARNADOE: Very quickly, because I think Mr. Nino covered the high point. The changes to this existing DRI project are to accommodate a change in the land use east of Airport Road. As you-a~l know, west of Airport Road a lot of activity is going on. There's -~£ two golf courses are in place now and over 600 residents living there. So the main changes are east of Airport Road. Other minor cleanups in the PUD, as he's mentioned, the zoning'of that five acre parcel more or less in the southeast corner down there of VBR and Goodlette Road to accommodate a CF use ' a community facilit,,, ira' .... ' ...... , which as he said is utah.al ClUbs, C~lld care, churches, you can best see probably from this site plan how that 3uts project, ~ Institutional type uses, and in th~ s.outhwest corner of.the out. In this plan you'll see it squares up, we've transferred that to our neighbors. It works better with their project than with ours. It's a 3.4 acre removal from the PUD, but as Mr. Nino said, the really important things, I. think from the county's perspective, since there really aren't any compatibility issues, are that all of the changes ~- that most of changes are a reduction in uses and impacts on county facilities. We're going down 500 units, we're going down 230,000 square feet in retail, 150,000 square feet of office. The golf course is increasing by 27 holes, I personally consider that a benefit as opposed to a detriment. The hotel rooms are going uD 120 rooms, from 280 to 400. The conservation area is going up 30 acres and open space is going up some 55 acres. When you look at the impacts on the county, the 6ffset of the reduction in square footage in units more than offsets the increased hotel rooms. Our golf course traffic impacts, there's an 18 and a half percent decrease in traffic, about 90,0 trips a day decrease in traffic as a result of the changes that we re proposing. ~...~.,~ ~ ..~.,. Obviously, with the decrease in residential units that yOU have and the square footage, .Y°U're hay .lng less of an impact on such things as water and sewer, police protection, fire protection, and even on the schools, and with that, unless there are questions, I'll hush .~ because I see some approving looks up there I'll be glad to answer any questions, though. · COMMISSIONER PRIDDY: I have just one. How long before anticipate seeing some development on the east side of -- i?'~- Page 29 MR. VARNADOE: I forgot to introduce'the re~ Tyson from Wilson, Miller is the planner_on the project and done the engineering, and of course, Susan Watts is in Our~:arena Pelican Marsh, and she's all-wise in these things and she~said probably as early as next year, we might see some act. ~ort Road. ~ .... CHAIRMAN DAVIS: Thank MR. NINO: I can tell you that we've ~lready made site plan approval for the golf course CHAIRMAN DAVIS: Any questions of the petitioner, representative? -... ~ ~:.~:~..~. ~_~ ..,, ..~[ ... COMMISSIONER YORK: Do we n~d to act on these: separately? . .?.: ,..~,, .~ :: ~,~...?;.~.?. MS. STUDENT: Yes, you require separate motior CHAIRMAN DAVIS: Okay. Thank.you, Mr. Varnadoe else here to speak on this petition today? Seeing none, I'll close the public hearing. Motion? COMMISSIONER PRIDDY: Mr. Chairman,~X would move that recommended for approval DOA-97-4. COMMISSIONER YORK: I'll second. CHAIRMAN DAVIS: Motion of approval~i'' recommendation by Mr. Priddy, seconded by Mr. York. Discussi¢ All those in favor, signify by saying aye.-~ Opposed? (No response.) Next motion? ":' ~''~ COMMISSIONER YORK: Mr. Chairman, I would move that PUD-93-1(3) with a recommendation for approval COMMISSIONER PRIDDY: Second.. ... CHAIRMAN DAVIS: Motion by Mr. York seconded by those in favor, signify by saying aye. Opposed? - (No response.) Carries unanimously, i~:'.~-~:~.,?~ We've got some really nice books COMMISSIONER NELSON. Ms Student has a commen! CHAIRMAN DAVIS: I'm sorry, Ms. Student? MS. STUDENT: Mr. Chairman, the next item is a s~a scale amendment, and usually for plan amendments we don't swea witnesses, but a recent Supreme Court case. tells us that amendments for the most part are legislative,' but they hada that small scale may or may not be legislative, so in the caution, I would recommend that we swear in all those that~ to testify on this item. ~". CHAIRMAN DAVIS: If we're going to err,~.we'll conservative. I'd ask all those present here today that~may petition, please stand and raise you right hands so that you sworn. ~'-~.. (Whereupon, all speakers 'on November 20,~ 1997 CHAIRMAN DAVIS: Thank you. MS. LAYNE: Good morning, Mr. Chairman. · CHAIRMAN DAVIS: Ms. Layne. '~ MS. LAYNE: Lee Layne, for the record, and if you could, we wi1 open both petitions CP-97-4 and the companion rezone R-97-2. Mr. Mulhere will answer any questions pn the rezone petition. This is request for 2.3 acres located on the south of Pine Ridge Road, east of Astron Plaza. It's directly across from the Vineyards Shopping Center. The petitioner is requesting to remove the property from the Golden Gate area master plan and include it in the Pine Ridge Road Interchange Activity Center and limit its use to a medical facility,' and again, this will be a map change only. There will be no language changes in the comp. plan. Petitioner proposes to change the sites so as to allow rezoningt, C-1/T commercial for a medical facility and we're only looking at the appropriateness of the land use at this time. On the north side of the property is, again, Crossroads Market, the Vineyards Shopping Center. To the west is the undeveloped Astroh Plaza PUD. To the east are vacant single family lots, and to the south are developed and a mix of vacant single family lots. Staff has reviewed the traffic impact statement. The proposed land use will generate approximately 285 trips on a weekday, this will not. exceed the LOS five percent standard. An existing single family home on this tract would generate approximately 10 trips per day, which is 275 trips less than the proposed use. The petitioner is justifying the proposed inclusion to provide for transitional uses between higher'intensity commercial and lower intensity residential. There are approximately seven existing single family homes along Pine Ridge Road and four existing homes on the south side of 10th Avenue Southwest, which is the street immediately running to the south si~e of the property. The incl property into the activlt,- ~--~ ........... us~on of this ..' commercial ro ~ ~,,~=~ wou~ cause zur~ner intrusion of p perry into this residential area, which presently has a natural break and transition between the existin Asr. and the subject with Napa Way. g ton Plaza PUD . If you remember, when we discussed the evaluatio9 appraisal report with the commercial land use needs in this area, ther enough commercial acrea-e ~ ~--- ........ e is = ~ ~==~ uu =ne year 20~0, and during that, we did not indicate any additional parcels into the Pine Ridge .~ Activity Center. Howeyer, it is conceivable that development commences xn ~ .......... ,_ as .... ~ ~=~, couple~ with the develo e pm nt of the Cleveland Clinic, pressure for land use changes will continue. It is not uncommon for residential land uses to coexist with transitional uses such as medical. Some communities have this mixture, such as the City of Naples and the City of Inverness. Districts such as this · allow residential uses to coexist with medical facilities and smaller professional offices. Based on the commercial analysis for the Golden Gate area,~..~therea is no additional need for commercial development. Napa Way. proVides Page 31 ~ ~. · ~ ..... ~."~, November 20; natural break between the existing southeastern boun¢ Ridge Activity Center and Estates zoned property. Another finding is the applicant, through his a, estate data shows this property has been marketed forresidentia] use for several months with no successful sales. Thus, the claims that market conditions are suitable for commercial use~for_ property .... Based on the review that staff has made, we are of the petition. However, if you do recommend approval;~this approval should be tied to a specific rezone for medical use and subject to a site plan to be submitted with the rezone CHAIRMAN DAVIS: Questions of Ms. Layne? ~.~ COMMISSIONER YORK: Yes, I have a question. CHAIRMAN DAVIS: Mr. York. COMMISSIONER YORK: Lee, it looks to me like -- I'm looki Exhibit 6 that's in the staff report -- that the commercial on other side of the street, that would be on the north side,'.runs'a11 the way to Vineyards Boulevard and it would appear to me know, that we don't have an even distribution in that activity cente for commercial property, that it wouldn't make sense to me that commercial property across from Vineyards Crossroads Sh~ Center would be a natural to become commercial. MS. LAYNE: This is the area you're talking about COMMISSIONER YORK: Yes. MS. LAYNE: -- with Vineyards? This is the subj a vacant lot here, and then we do have single family homes starting here, so -- COMMISSIONER YORK: There are existing homes in there?? MS. LAYNE: Yes, there are existing homes in this area. property immediately east is vacant. COMMISSIONER YORK: It would appear to me, though, that you know, it would be natural, since that -- across the street is commercial, that to even that activity center out that that probably even where those homes are now, that eventually become commercially zoned. MS. LAYNE: That was discussed at the time when the comprehensive plan and activity centers were looked at in this area and we had the natural break with Napa Way here and that's stopped at this point. If you remember, on the west side, they took it the existing Naples gateway is now and there was a break with a special treatment area, so it stopped on that side, but then did recommend approval -- or the commission did recommend approval about a month ago of not extending the activity center,"but with a transitional commercial use on the north side CHAIRMAN DAVIS: And to that point, Ms. Layne, if is quite a bit of office, approved -- MS. LAYNE: It's medical and professional offices,.. CHAIRMAN DAVIS: A hundred and some thousand square think. 7 < ~' ' .~ November MS. L~YNE: I believe so, close to that. CHAIRMAN DAVIS: What's your opinion of the idea that when you take a large office, medical office complex like the Astron PUD, we've obviously got the Cleveland Clinic across the street and the shopping center, that a smaller scale more residential in architecture facility like this provides a good transition from the big to medium to the residential? MS. LAYNE: Well, that was the last paragraph that we had ~n.th~ staff report, that there are some areas and, you know, we been looking at it and the C-1/T basically is that type of~ transitional zoning. So, if -- our last paragraph did say that~that.~'~ would be a suitable use if it were approved, but we're looking intrusion -- staff at this point is looking at the intrusion o commercial into the residential area and this was a good breaki point. If this gets a roy '~ ,' '" ' - _ PP ed, then what s to keep thiS. as said, then from Just going on do ' ou' wn and then sro y ye got the commercial acr~-- - ....... Pp.~g_at here and th ~oo &=om =ne resx~en=xal and commercia next to residential on the east. COMMISSIONER YORK: But you have that going west alrea, MS. LAYNE: There are no homes along on the west side or on the north side of Pine Ridge Road, there are no homes along Road on the north side nor on the south side. '- COMMISSIONER YORK: That wou14 be going east of 1-75 1-75. On the north side, you've got Livingston Woods all back:in there. MS. LAYNE: Right, you have the homes on the COMMISSIONER YORK: Right. .. .=~. ~. MS LAYNE: -~.on, I believe i~'s th Street, on the nort of 8th Street, but you do not have any homes along Pine Ridge Here you have homes along Pine Ridge Road. COMMISSIONER YORK: Oh, I understand. COMMISSIONER PRIDDY: Mr. Chairman. CHAIRMAN DAVIS: Mr. Priddy. '' COMMISSIONER PRIDDY: Lee, is there an ' being added into ~ .... ~ . Y significance to his ~-= ,u=xv~y cen~er as o o t individually? What are the -- PD sed to just being .rezone~ MS. LAYNE: Well, this is a small scale amendmen~ different process than a comprehensive .. than a straight~ comprehensive plan amendment. There are no land uses wit~ Golden Gate Area Master Plan that we can fit this into,~so either amending the future land use map to extend the activit or again come up with a new land use category, which then.is~i a map change, it's also a text change. COMMISSIONER BRUET: Lee, the quarter mile reference~ the activity center, does it fall on Napa or is it east~or'.west~ MS. LAYNE: I'm sorry, Mr. Bruet? COMMISSIONER BRUET: Is the quarter mile distance what establishes the activity center? · .~,.~, . MS. LAYNE: Not in this case. This i ' · ge': · , Pa ; ~' COMMISSIONER BRUET= Well, I'm asking, how close is How close of a quarter mile? .. Is Napa ~" MS. LAYNE= These are -- these are basically 660 COMMISSIONER BRUET: Okay. So that's well beyond a quarter mile. MS. LAYNE: So 1,320 at this point and Napa's a little ove~ COMMISSIONER BRUET: Yeah, okay. So it's real close,~ MS. LAYNE: Right. COMMISSIONER BRUET: All right. MS. LAYNE: I think the west side of Napa probably is quarter mile, with it at a hundred feet,, it goes just outside quarter mile. . COMMISSIONER BRUET: Okay. Thank you. CHAIRMAN DAVIS: Any other questions of staff7 Petitioner's representative, make a presentation? MR. MULHERE: Well -- CHAIRMAN DAVIS ~ I'm sorry. MR. MULHERE: -- I guess if the Planning Commission wou] can provide some information also that's more specific to the ~ezon~ Obviously, understanding that the comprehensive plan amendmen~ driving factor here. CHAIRMAN DAVIS: Uh-huh. ~.~ MR. MULHERE: The staff, in reviewing the rezone, I'll go ahead and go right to the staff recommendation first ;:'?and ~.~ that we recommend denial of the rezone if the comprehensive amendment is denied. We would have no choice, but to do that comprehensive plan is approved, then we support the re~ rezone and there are several reasons why and then I'll get int¢ but first Just to let you know some of the specifics Ms. Layne has provided you with the location and information. The request is very specific and does include~.a?s~ site plan and provides for two buildings, one of 5,000 square~feet one of 7,000 square feet, both medical office and clinic,~which~wi be designed, including the building architecture,.the lightin ..~ landscaping, to be consistent with what otherwise would be family house type of architecture or appearance, limlted to 'one .' in height, stgnage is minimized on the site, and I think most significantly, the access is limited to Naps, which i~ also' access for the Astron Plaza PUD and the Astron PUD significant -- at build out could potentially dump si onto that roadway. The site plan does provide for significantretenti~ vegetation and enhanced landscaping beyond what we wouldnormal] ~.i what would normally be required by Division 2 4 is landscape code. I guess really the issue here is the 'questio: comDat from the perspective of the rezone, and obviously, the surrounded on two sides across the right-of-way by fairly hi, intensity commercial use, a shopping r potentia~ · ,.large office complex, and that Astron November 20, 1997 use as well. ~ The five acre tract immediately adjacent to the -- to the west is undeveloped __ or to the east, I'm sorry, but there ~re single family houses further to the east and also there are some single family ~ . houses south of the subject property. ~ We're of the opinion that the applicant has provided substantial buffering and re.g~.lations which will minimize the impacts on the adjacent residential uses and that this could provide a very appropriate buffer to those residential uses. I forgot to mention also that the hours of operation are limited, Monday through Friday, believe it's 8 to 6 and then on Saturday 8 to two. .~? So I think the staff evaluation is one of if the Planning" Commission, and ultimately the board, is inclined to look favorably upon the comprehensive plan amendment, then we would support the rezone, and I'm sure you have some questions. ~. CHAIRMAN DAVIS= Questions of staff? Yes, ma'am. MS. STUDENT= I Just need to make a point for the record, too.' If you look at the rezone ordinance, there's language as to the - - ].. effective date because this cannot become -- the rezone cannot becom6~ effective until DCA signs off on the comp. plan amendment and then~9 TM there's some time frames in there, so if you'd make your motion ~i conditional upon the effective date language .-. ~ MS. LAYNE: Marjorie, excuse me, DCA -- this doesn't go to DCA MR. MULHERE: It's a small scale. · MS. LAYNE: It's a small scale, so it's approved when the board approves it. It doesn't go to DCA for approval. MS. STUDENT: Well, there,s some language that I put in there~'~I think if anybody has an objection to it, that s when DCA gets involved, ~f I.remember correctly. I left my' ' ' services, nut if you would make that approval statutes at development! conditional on that effective date language in the ordinance, that would be appropriate~ CHAIRMAN DAVIS: Okay. Mr. Kant. .' MR. KANT: Edward Kant, transportation services. I just'wan~ give you a little bit more information on an unrelated but significan issue on other property in the area, just so you'll have some facts available to you as you think about this and I don't, again, know whether it's even related to this comprehensive plan issue. may not be related to the zoning issue. The county attorney,s office is presently reviewing an agreemenl with an agenda item to go before the board hopefully in the next few weeks, with respect to a multi-party agreement among the county and four -- three or four land owning entities in the area, not includi: this property, for changes and improvements to the northbound ramps at 1-75 and Pine Ridge Road and for signalization of NaDa Boulevard and Pine Ridge Road, which will require that if~the agreement is approved, that we make some changes to the acttv center access management plan because that is not shown as a ~ :. signalized intersection. There are several reasons for initiating thisi ~. Obvi~ advent of the Cleveland Clinic with its traffic and the eme: access are going to be significant at that intersection. That will not change. What this -- as I look at this plan, assuming this plan were to get approved, that is the access from Napa to this plan, but think it's important to recognize that the intersection at Napa and Pine Ridge Road will probably, in the relatively near future, and by '~ that I'm talking within the next year to 18 months, see some ~.'~i" '<. ~ significant changes in traffic improvement. I just want to give you" ' that information, it may help in your deliberations. CHAIRMAN DAVIS: It is helpful, thank you, Mr. questions of staff? Okay. We'll get to the Petitioner's representative. MR. ANDERSON.. Good morning, Mr. Chairman, commissioners. For the record, my name is Bruce Anderson, on behalf of Dr. Pena, and Robert Duane from Hole, Montes is also here with me, and he'll make short presentation after I finish up. Dr. Pena's in the audience here today, he's a board certified plastic surgeon and would like to open medical office at that location and move there. I will go ahead and address the map amendment and the rezone petition together to save time, and also importantly because this rezone was filed long before the plan amendment was, five months, in fact, and I'll distribute a copy of the -- a reduced copy of the sit~ plan that this rezone is very specifically tied to. Please bear with me, my voice is going to be even raspier than usual, I'm fighting some kind of a cold here. Staff has had some difficulty in addressing this lot because i~ an unusual land use situation. For beginners, this corner lot is the odd man out at an urban area commercial intersection, with the three other corners having commercial uses of much, much greater intensity. Further, this corner lot is approximately 1/10th of a mile away from the end of an exit ramp at Pine Ridge Road eastbound and 1-75 .... ~ northbound. - -~ .~ Now, it's our position, and it was when we originally filed this rezone and we stick with it today and reiterate it today, that the ~ commercial under criteria provisions of the comprehensive plan should be interpreted to allow a medical office on this lot under the comprehensive plan as it exists today without an amendment. This property meets the commercial under criteria provisions, in that it is bounded on the west by the urban area commercial zoning of the Asr Plaza PUD, which permits 110,000 square feet of medical professioz L and business office uses and a restaurant. All of the traffic, 2, per day, entering and exiting Astron Plaza, will utilize one access point directly emptying along our lot's side property line. Secondly, the medical uses are allowed in the C-I/T district under commercial under criteria as a matter of Although the planning staff did not have any particular F the doctor's plans for an office at this location, they did not agree with our interpretation that we meet the criteria for commercial ~.-- infill and they insisted that a comprehensive plan amendment had to be filed, in order to find this project consistent with the plan. ~ive ~, Page ~6 Now, although we disagreed with staff~as to 'the apPlicabilitY of con~nercial infi11 provisions, my clients sought to cooperate with the county by filing for an amendment as requested by the staff'::~i'iii~ Staff even told us the type of amendment to file for because we~"!~ii:,~' considered several ways to approach this',. They said, file a'~sma11~? scale map amendment that would only involve the one lotin question. said, we don't have any compatibility problems with what,you're proposing, but you just need to file a plan amendment.,.~:We11~:~iimaginei our surprise, and that is a mild description, when we learned that the very comprehensive plan amendment that staff had requested usi'to file ~?: was not going to be recommended for approval~:~ It was a classiCli'6ase ~ of gotcha. : ~ ?:~"~' : ~i:~ ,:i~:,:!~:!:~!~:::~ *Now, the other three corners of this intersection are ~Oi~'~'~'o be very busy with Astron Plaza's 110,000 square feet of three sro 1 uses on one corner,~Cleveland Clinic's 185,000 feet of medical use on another corner and the Crossroads Market: Shopping Center and Mobil Station on the third ~ intersection corner of , but staff would have you believe it would viola~h growth management iplan or violate some sacred planning principle amend the plan to allow a mere 12,000 square feet of single sro medical office use on the fourth corner of this urban commercial intersection. The staff POSition is that this is a very suitable s~te:fo someone to build their dream home. Perhaps the ad could read,.?count: living at an urban commercial intersection. By the way, ~ point out, ~ do have some experience with:i transitioning between service stations and residential uses would just point out that this lot is directly across the stree~ the Mobil Station and ~ asked Mr. Duane to scale off the distance fo: comparison purposes. The approximate distance between the pro line for the Mobil Station and this corner lot is 150 right-of-way for Pine Ridge Road at this location..-.X would contraS~ that with, you-all may well remember the Race Trac Service Station which had more than double that distance, between the service stat and the nearest single family home, and in between the two we had eight foot wall, 90 feet of landscaping, and here we have a four road. We believe that this rezone is consistent:Wit~,'~i comprehensive plan and we would ask you to make that finding today' the rezone petition, that it is consistent with the and that this corner lot is not suitable for residentialiUse~ ~:' ~ We would also ask you to go ahead and approve the c°m~ plan map amendment that staff insisted that we file. i?~.This, amendment is very restrictive and restricted in a site specific that merely labels this corner as a medical use only,~ this property would require another comprehensive plan amen, the safeguard is there to keep this from spreading down the rest o~ those lots along Pine Ridge Road. Further, if you find that it meets the Commercial provision, again, the dominoes don,t~ifalldown because co~ercial under criteria can only be applied once.' You can't keep applying it and moving down the rest of the length of thelot..~,,.: So the safeguards are in place to prevent that from happening...: :'~ We do believe that staff is being unrealistic on the map ., i:amendment recommendation. The principal factor that they seem to on as a basis for denial is that Napa Boulevard provides an acceptable transition to a single family use. Having the sole access point for a three story, a 110,000 square foot office building with a restaurant,:i ng that labeled as being part of a "transition area," certainly.?: gives new meaning to the word transition. Typically, a transition area in Collier County has meant landscaping and buffering and a wall, not the sole vehicular access point for commercial uses...This segmenti: of Napa Boulevard between Pine Ridge Road and 10th Avenue Southwest will become overwhelmingly commercial when Astron Plaza is constructed and begins utilizing that roadway segment for thei I'd additi r sole access. ,~, ~./r -- ..... onally point out that staff has previously found that meQlca£ o~:~ces are such a good transitional use that ~n this last~ ~.~'.~-~ round of land development code amendments, medical offices were ..... ~i..'~. changed from a conditional use to a fully permitted use in the C-1/T zoning district. .. I'd ask you to -- and I may go through some of the findings the conclusion, but I'd ask you to take a close look at the rezone findings. It's really quite a glowing staff report until you get the..last line. I'll ask Mr. Duane to share with you the development standards that we have included to safeguard the surrounding area and provide a suitable transition, and we'll be happy to any answer questions after public comment or if you have any now. . CHAIRMAN DAVIS: Well, maybe Mr. Duane, as part of your~': presentation -- I'm. curious about a distance here and Ms Layne, maybe~ you can help. MR. DUANE: I'll be going over all of those. - CHAIRMAN DAVIS: Okay. This preserved area and this Width? MR. DUANE: Yes. CHAIRMAN DAVIS: Thank you. Mr. Duane MR. DUANE: For the record, Robert D~ane, Hole, Montes and Associates. I'm going to spend the next five minutes or so revi~ the conditions around the property. There'11 be some duplication between Mr. Anderson's presentation and mine. I'll a~so be going the proposed development plan proposed standards and the distance~ from adjacent property and finally, I'm going to conclude and some of those rezone findings that Mr. Anderson Just alluded to because, frankly, there's more that I can agree with in the staff report than disagree, other than the conclusion, but we'll discuss that contradiction with you as part of mY presentation.. ~. The existing conditions of the property are depicted r~ght here of Pine Ridge Road, the 150 foot right-of-way that Anderson referred to, and again, the Mobil Station is 150 feet.across~ from the subject property. Again, Astron Plaza, with its eight acres and approximately 110,000 square feet of commercial Clinic and the Vineyards Neighborhood Cen' ,~:, :, November This circle that appears On 'the map for your benefit' a one quarter mile radius from the edge of the Cleveland Clinic ?'?property with the subject property. Now, if this property were located in the urban area, which it is not because we're on thei!edgl the Golden Gate Master Plan area, your comp..plan would othe~is, encourage use as medical related uses within a quarter~ofla milel ust wanted to share that with you. ~ The second exhibit is the master plan for Astron Plaza again, we have this hundred foot right-of-way here that in my !!with the 2,500 trips per day, changes the character very much of: a residential to a commercial street,..and I would point Out you that as a rule of thumb, you usually get about 10 percent of~:tha! .average daily traffic during the peak hours, so we can expecti200 as much as 250 vehicles in the a.m. and the p.m. peak hour exitin. entering Oaks Boulevard, and again, as Mr. Kant aptly pointed~ itc you, we are gonna have a signalized intersection at this corner', think it's likely that we are gonna have some backing or stacki of vehicles, certainly between the entrance and the intersecti¢ which in my mind certainly distinguished this property adjacent~.~. commercial uses from the lot that's located immediately~to the us. ~ ' I would also point out that this commission approved an amendm this past year to increase the height of Astron Plaza from 35 feet 42 feet. It was not a variance, but it was an amendment to the standards within the planned unit development, and in the ' justification for approving that amendment, the staff recommenda to you was that there was a 50 foot setback from 10th Avenue SouthweSt here and, of course, we have a hundred foot right-of-way.~:~ sO we can~ have virtually fou=.story structures that staff had no objectionl.tl across the street from single family residences on the south..,Sidei~~ 10th Avenue. Ironically enough, there was no discussion in the, relationship between that four -- or that 42 foot structure and relationship to my client,s other than I would note thai iiI that structure can be placedpr°perry' line. as close as 25 feet from the Again, we have a separation of a hundred fee~, but I'm why the staff focused the subject property, most of their discussion on lOt~ Avenue i I can only speculate that they thought' perhaps it would be developed in some transitional matter at~a!futu date,~but that's speculation on my part. ~ · The next exhibit shows the activity Centerli~ the western boundary being right here and, of course' the subject~ ii?property being here. I point this out to you because thePe;i'ar~ two properties that currently abut the interstate act ~' Pine Ridge Road and 1-75 and that was -- there's a:10~-,.~: property right here and my client's property right here Ms. Layne pointed out to you that in the past month 14 acres, again, that is adjacent to Naples Gateway PUD where applied transitional planning principles to this.lot .right here. We were separated by~a preserve~area acres of a commercial use as a transition adjacent'to'Naples and then the balance of the properties to the intersecti~ be conditional uses, and I would submit to you that while compare and contrast some of the differences between' the properties, i.e., we have a street between my client,s Astron Plaza. Through this action that this board took,~ we'eliminated in my mlnd an unfair situation in which only single family~and conditional uses were permitted adjacent, not only to an intersec~ but with single family uses separated by Livingston Woods Lane toll north, not dissimilar to where we have lOth Street South see the subject property for commercial~uses., ~.'.~' I'd like to regress to the plan amendment here. ~ you can~ see that on our mad here, we're limit%d to medical use only,~i!~To , that is the only limiting language that is included on property on our future land use map. Again, that was to ensure that ~i~ it would be limited to that use only. ~ plan amendment. The first, by staff, was the adequacy of ?'~ infrastructure and they had a finding that the infrastructure wa: adequate to accommodate the proposed development. Secondly, they indicated that there was a greater or more available commercially zoned land than there was a demand fo~ particular -- in this particular area. I would submit to you,~i!wlth the. development of the Cleveland Clinic across the street, and I'1] ~1%~ refer you to that quarter mile radius again, because in reality you start locating hospitals, there's gonna be a tendency forths market either to reallocate commercial uses within the planning that it's located, or for uses outside of that planning area~to because they want to be adjacent to medical facilities.~!!iSo.iI.iW6Uld submit to you that a medical facility can be market driven here and using basically retail -- projections of retail demand based upon~ much income is gonna be spent in a trade area is not a sufficien! basis to indicate that a medical facility still now can be.su in this general area. So we disagree with that conclusion. The third point that staff made was, we're back to the'errs, again, is the only, in my mind, substantive basis as to whylthey cannot support this plan amendment, but yet again we have a stre~ ~i that is gonna be -- have an intersection with heavy traffic, and in my mind, that street is now gonna function as a-?/ commercial street, not as a residential street and not as a line between commercial and residential uses as they would you. With regard to transitional uses point, we will remain the only, if we do not support this~ ~iamendment, we will be the only lot adjacent to an activity cente iilCollier County that cannot avail themselves of the infi11 criter! and those criteria allow you to Jump a street. I would note that Mr. Anderson and I, three years a, clarify some nebulous provision of that whether you could jump the street or not, language, which was subsequently adopted by this board,** and"in Your i, new infi11 criteria that you and the board Just approved, the is very clear about the ability to be able to jump a ~!~i~i~ So while we're not in the Golden Gate Master Planning area. and ~i'~ that's staff -- their position is we can't apply those criterias, .~,~%?~., because we're in the Golden Gate Master Planning area, the fact of the matter is, this is very much an urban area and it deserves to be treated like other transitional properties in the urban area and singled out as the recommendation from the staff to you is to -- is to ~ do today. : .... :'' ::5 This is part of your packet here, so I'm not going to'elaborate very much on it, other than we've endeavored to try to design a low rise structure that can be determined to be compatible and take on '-somewhat the characteristics of a single family home. This is our proposed site plan. Two structures, again~?o~e Sro in height. There is a -- 60 feet of the hundred foot easement for 10th Street is located on this property. So we have 60 feet here the distance from the usable portion of our property line to our structure is over 200 feet. That's in contrast to a four story structure, 42 feet, forgive me, that's permitted on the adjacent~sid. of the street. So we have provided at least 150 feet more separation, If you look to the eastern edge of the property, we've endeavo to provide almost 50 feet here. We have wall treatments adjacent to the. two parking areas We have extensive landscaping treatment that exceeds the -- substantially exceeds the equmrements of your .... landscape code and we have also endeavored to provideabou: a setback from Napa Way, here. The front yard setback is 75 feet. Tha ' 'the same serbs th ' ts at s Permitted in. the Estates Zoning District and I would contrast this property with Astron Plaza, in that they're permitted to be setback 25 feet from Pine Ridge Road. So we have endeavored provide three times the setback for that structure in the event'thi residential development does take place, even though under regulations we could place commercial development closer to Road, we wanted to exceed the development standards of any of the adjoining properties, which we have endeavored 'to do. : Does ~ ,.' address your question about some of the distances? . .?i:.~ CHAIRMAN DAVIS: Yes, it does. , MR. DUANE: It did, okay. I'd like to conclude our presentation with a review °f Some the rezoning criteria. I find some of them quite helpful frankly, some of them to be contradictory in nature.~, I'd like to point to rezone condition number five or changed conditions make passage of the proposed amendment necessary. The purpose of going through all these exhibits, share with you the change that has occurred since this platted probably in the early '60's. The staff report makes a statement to the effect ths are o the opinion that BCC approval of the opinion would make~th~ i~? petition consistent with the growth management ' ged condi the'.subJect property suitable for residentia~ that a little puzzling,' Under rezone finding numbe~ propose, ely/~nfluence conditions in the~neighhorhood is~that, because'of~the recommended development standards ~ns.~for~'approval that we've incorporated into· .not adversely influence living conditions in the~ne I would submit to you that we agree with Condition number seven, whether the proposed excessively increase traffic, their.conclusion is that we,re tent with the provisions of the transportati, I would then take you to rezone finding number-eleven proposed change will he a deterrent to thefimprovement+or development of adjacent property'in'accordance with existing regulations, and X find this quite puzzling.??~The staff,e~conc: ~'is that i= will result in a change of use of the property~howeve wi11'allow the property to be developed with uses at~lot~dimensi¢ and development regulations which are already common'!! surrounding neighborhood, which seems to me when you the fact that living conditions will not be adversel] 'the'neighborhood, that we in effect acknowledge that compatible at this location, and the final-rezoning findil~ to review with you is finding number~thirteen~f'and I~als~ puzzling. Whether there are substantial~reasonsi~ property cannot be used in accordance with the~existin( the.staff-finding is to do so would deny~this ~ortunity to maximize the development potential~'of~thi Now, lgentlemen,"~that,s not what,these criter~a,-~r;~this,,pet ~re you, is necessarily to maximize the developmentP~of ~It's before you because the uses presently permitted are appropriate, based on the findings I've reviewed with~ g conditions on the property the natur~ That concludes my presenta~ gone through this as laboriously as I have,~ but unfortunat~ what we have to do today, and I'm ha to answer have..~ ~.~.~ ~ CHAIRMAN DAViS:'~?'Mr~· COMMISSIONER PRIDDY: Mr. Duane, apprec: frustration with -- with this process and I point Anderson may have in fact done a little overkilllon this n comes in, I notice on your site plan~.that~, all~the handicapped parking down to the south 'end Would question why we wouldn't distribute some~of building to the north. .MR. DUANE~ I think tha! s ~ sug~ , but in the final plan, we stacked it here, and we~ you'd like to make that a conditio= ~ the parking n] COMMISSIONER PRIDDY: If we can get to that ~ .' process I'd be more than happy ~ ~ ~ ~ . :~.., ~ ~'~'~'~'~'~' '~:~:?i~ MR. MULHERE: Well, may I suggest, at least in my staff not see a conceptual plan attached as an exhibit to the rezone ordinance, and I think !.i '~ MR. DUANE.. We'll be hap to do that: : MR. MULHERE.- Yeah, I think it' should be, number One,~ 'inumbe~ two, is the conceptual plan through the site planning process,:: we can certainly look at some things like distribution of hand: parking. . · CHAIRMAN DAVIS: Any other questions? .~: i:i .~ COMMISSIONER BRUET: I'd Just like to compliment the PetitiOner I think he makes some pretty compelling statements Just surprised that staff ruled as it did. I Just here..~..i.I guess I, don' t I,' ': that a11. It seems like the outstanding transitional, square footage . building heights, setbacks, I Just -- I can't understand ~ MS. LAYNE: Mr. Chairman, may I make one comment to a statement that Mr. Anderson made earlier of why they're having to go gh this. ~e brought out the commercial under criteria and the ( mile rule. That would be fine if this property, again, were-not the Golden Gate Master Plan. We do not have those districts" eligibilities in the Golden Gate Master Plan. · This particular -- the Golden Gate Master plan Starts at point, basically, on the east side of the interchange there.~:.~it,s? the FLUE, but not in the Golden G~te Master Plan. We felt going for small scale map amendment would be the easiest way, at least .letting him get to .the rezone to be submitted.. In addition, the county attorney's office suggested through this amendment, because we could not make an with the commercial under criteria or the quarter mile rule,~:: was way to go, and as far as I know, no one in the comprehensive'planning! staff had said that there would be a recommendation of approval on petition. CHAIRMAN DAVIS: Thank vo- a Pu P t would li..~ to come up and speak todaY?"~ Please i come forward to the podium, and if you could state your name for record. MR. PALM: Eric Palm, resident of loth Avenue SoGthwesl ""°b~ect to this wholeheartedly. If it starts there, the commercialization, where would it end? Next year some bi~wig' approach those residences next to what you have planned there out, and since that's already approved for commercialize NOW , week or ,o ago, I saw , little ~i~n! and I took down the information and I disagreed with it ;:'~ and'i~ my street and I got over 30 plus signatures from the residences that street, which are only about 35, less than 40 residences on there and they object to this going to commercial. Now, like I said, we don't want it. We don't want no. mo: traffic on our road. We don't want no more garbage There's children on that street, people are gonna be flying u9 and ?~ down that road going to their doctor's office where they may be late" and we don't want it. We Just don'= want it. I'll give this to you '~ if you -- CHAIRMAN DAVIS: Please ' ~'" MR. MULHERE: If you'll give that to me, we'll forward it to the Board of County Commissioner,s meeting. . - CHAIRMAN DAVIS: Make that a part of the record. , MR. PALM: And, I mean, if you start here, people that~liVe across the street on this -- CHAIRMAN DAVIS: Sir, they're getting a microphone for you. ~ MR. PALM: Even if you start here, even people over here do want this, you know what I'm saying? So I'm sure they do not even want that Astron Plaza, whatever you're talking about, and the rest us do not agree, and that is there's a residence right here, and of course, the empty lot. The residence right here has children with it they don't want it and everybody else up and down 10th Avenue does want to see it. CHAIRMAN DAVIS: You're -- i~ MR. PALM: So he can come up W~ith all the plans hat he wants showing how great it looks on paper, but I'm telling you, it's gonna look like that. You're talking about 2,500 cars plus, and a that street. CHAIRMAN DAVIS: Thank you. Additional speakers? Please forward. MR. HERRERA: Good morning, my name Jose Herrera. I'm a'residenl /'of 10th Avenue Southwest. My residence is three -- three down, from i? that right there, 6070 10th Avenue Southwest. As the staff mentioned we're gonna have an additional 240 some cars going through that. area and I'd like to remind this board of a little bit of histo: About 10 years ago, Pine Ridge dead-ended on Napa Boulevard and iii the reason Napa is open to 10th Avenue Southwest was to give access tO'i Oak Boulevard. Now, I understand -- the way I understood it, they ~ were supposed to close that as soon as Pine Ridge would be opened a] the way through, which it did, and it was never changed, ~'~Therefore, ' that's why we have Napa Boulevard. About six months ago, I requested the Collier Co6nty Sheriff, Department to, you know, check on the traffic going through our street. Right across the street from my house, they put a car the speed limit, which, you know, it shows the speed of the automobiles going through. I'm sure you have seen them on G01de£ Parkway and so forth. At 6:30 in the morning, I was retrieving my newspaper and I saw an automobile going at 72 miles an hour down 10' Avenue Southwest and the reason for that is, is the trafflc"we through that street now is amazing. . ~:., ~ ' THE COURT REPORTER: I'm sorry. I can't hear yOU CHAIRMAN DAVIS: You have to speak into the microphone .,, MR. HERRERA: Across the street from -- over in the ' ili~iii' ~ you've got houses that are way over $300,000 ' I . CHAIRMAN DAVIS: Thank you. Yes, sir':' MR. PRYER: My name is Greg Pryer, P-R-Y-E-R 5570 10t~ ~Southwest.. I participated in the petition that you've received; and 's pretty easy for you people to sit here and say~ well,.~you.know it's really going to be of no consequence, i'r If you had'a h°use~On 10th 'Avenue Southwest, you wouldn,t be talking the way you've be, .i didn't put $250,000 into a house, which I believed to be ~tial area, only to have somebody come in and want to Spot zone~ Now, where I came from, spot zoning is illegal and you can't convt me that this is not spot zoning. Whether that Astron Plaza is acros~ the street or not, you don't Jump streets and start don't you go two -- three lots down and spot zone commercial?.~?.?.ii~'don,t believe it's right and I'm really upset and I'm going to go before~ commissioners, and I would even threaten to sue the.county~ goes through. Than.k you....~. ~' CHAIRMAN DAVIS. Thank y°u.~i! is there anyone else whl t:~ speak on this petition today?. ~ Seeing none, I'll close the public hearing. COM~4ISSIONER PRIDDY: Mr. Chairman, I recommended that recommend for approval petition CP-97-04.., COMMISSIONER BRUET: Second. ~i['~?~ '~ CHAIRMAN DAVIS: That's the first part? ~'/i , COMMISSIONER BRUET: Yeah. '. ~: : '. COMMISSIONER NELSON: Mr. Chairman. ~ ~" CHAIRMAN DAVIS: Yes, Mr. Nelson. COMMISSIONER NELSON: In terms of the discussion part' is a tough call. I think the corner lot does have a lot of :ristics suitable for transition, but I still support~staff recommendation for denial. I agree with the people that spoke '~in neighborhood that this is changing the rules in mids their property, they developed their properties conside: fthat it's part of the Estates area that would be residential~zoni and residences only, and to change that in any way Just doe., ~, CHAIRMAN DAVIS: Mr. Priddy, if I can ask~you about'iYour mot. Does your motion include the thought pattern that duel tO'th, uniqueness of this corner lot that -- ,~: :~, COMMISSIONER PRIDDY: Absolutely. I think that'[ that it would very inappropriate to put a residence on that-lot-acros~ the street from, you know, the commercial that's gonna be east the commercial on the other side, So Ithink that! the site plan and us knowing exactly what's going there/!~'c, s an opportunity for a transition, and quite frankl' the street, visually, you're probably not gonna know that commercial operation. It's going to, you know,~: have the!appearance the residential aspect. . ' So, you know, looking at what could be' done there w~ residence, I think we'd be doing an injustice, you know, to say: · residential -- a 250,000 residential home is the that corner, and I think, you we're provided wit~. ~transitfonthat's very appropriate COMMISSIONER BRUET~ If I may' -'' CHAIRMAN DAVIS: Mr. Bruet.~ COMMISSIONER BRUET: If I can add,' Mrl Chairman, I of all of this is the balance of the three lots to the east over time I think you're gonna see the owners in here looktng~for commercial~zoning, regardless of what it takes.~ I don't see ~ntial uses now for those three lots going across from Publix. It isn't gonna happen. It's a reality I think you're gonna havelto face. .' ' ~ , ~,.~..~:~ ~'~:~CHAIRMAN DAVIS: And that was my question w~ . because I appreciate the uniqueness of this corner lot, but unlike ust stated, Mr. Bruet, I don't appreciate any uni¢ of lots to the east of this lot. COMMISSIONER PRIDDY: Well, and, you know, tha~may never ha. things are in place to -- the domino effect cannot take place~ because we grant this. That doesn'~ then give the next lot the ity to come in here and say, well, I'm next to a commercial lot so therefore, I should be commercial. So I think that safeguard is ~you know, is in place that that won't happen.~ I mean,~it can happen in other ways, but the owner of the vacant lot next door is~not gonna be in here next week saying, oh, yeah, by the way, I'm now next~:to-a~ commercial lot, i want to do the same thing. That's -- you wou~d not be considered. .~ . · CHAIRMAN DAVIS: Any other discussion? There's a motion for a recommendation of approval seconded by Mr. -- MR. LAYNE: Bruet. CHAIRMAN DAVIS: I'm sorry, Mr. Bruet,. I signifybysaying aye Opposed? COMMISSIONER PEDONE: Nay. COMMISSIONER NELSON: Nay. ~.~:~/ CHAIRMAN DAVIS: Let's see, so it passed two, two~~ Mr. Pedone and Mr. Nelson in the minority.'~.~ That leaves R-97-2 ..... . ~.~ .... COMMISSIONER BRUET: Yes, Mr. Chairman, I recommend we approve Petition Number R-97-2 in accordance with the , stipulations of staff MS. STUDENT: The effective date language in the'ordinance: CHAIRMAN DAVIS: With the inclusion of the -- COMMISSIONER BRUET: Site plan. CHAIRMAN DAVIS: -- color site plan that was and architectural renderings that were provided? COMMISSIONER BRUET: That's correct. ~,.MS. STUDENT: And the effective date language? COMMISSIONER BRUET= No, I'm not gonna put that- you know, involved, they'll be involved. I'm not going:to make'~ that part of the motion. MS. STUDENT: Because legally it has no effect 1 the ,lan amendmen='s effective. It can't have ..... Nove~be: MR. ANDERSON~ Well, if that' statute what it provides. COMMISSION~7%BRUET: The statute can speak for the case. ,~,~..~.~ · COMMISSIONER PRIDDY: Second ANDERSON~ Can I ask a clarification questic s your ~recommendation for approval tied to the comprehensive plan :or are you independently finding that this meets the commerci~ 'criteria provisions of the plan as it exists today accompanying amendment? CHAIRMAN DAVIS = Mr. BrUet? COMMISSIONER YORK: Yes COMMISSIONER BRUET: Yes. Okay, Don,~ thanks '~ COMMISSIONER PRIDDY= Yeah, I don't -- I don't fact that the street's there doesn't COMMISSIONER BRUET~ Yeah. COMMISSIONER PRIDDY: -- doesn't bother me.~ CHAIRMAN DAVIS: So your COMMISSIONER BRUET: Yes. CHAIRMAN DAVIS= So your motion includes the'find ~.~comp. plan change is not needed, that this does qualif commercial under criteria. COMMISSIONER BRUET: That's corre¢ · . MS. STUDENT: I have a problem because you're be on a comp. plan amendment, and I don't know that without~.goin some other channel and maybe even the vote on the rezone~ but~.you,re idoing two inconsistent things, because if you're doing the one, 'why are you doing the comp.~plan amendment? I mean,~ · %understand. I'm confused.~!. ~ · ~ MR. MULHERE: Well, I thi ,m sure Mr Anderson will correct me,~ the question is whether~'.~ you believe that as the staff has indicated that the map change! necessary because there was no way to,.in our opinion,?'allow rezone to occur because the property was~not located w~thin area designated in the master, plan,, butwas located!iin',jthe under the Jurisdiction of the Golden Gate Master!Pla we're taking it out of the Golden Gate Master Plan and amend to include it in -- to allow it to be consistent Qith a.C-1 rezone. So, I would think that, you know, with that then the answer --:it seems.the answer to Anderson,s question has to be, no,~' we do not agree tha~ amendment is -- the small scale comp,' plan amendment.- necessa ~.~.~..'.. COMMISSIONER BRUET= So,~ thatfs a differ, same thing? MR. ANDERSON: Well, I would MS. STUDENT= No. ~ MR. ANDERSON: -- disagree.~' WhatI,m asking you and suspenders type of approach, which is the one we filed the amendment because they asked us to and said tha! would be ne, , for ~m to be. able,.to November That's their professional o~ MR. MULHERE~ I would say that we asked for that to because there was no other way for us to review this;~ not-that"we sa it was necessary for it be filed so that we could recommend I would have to clarify that for;the ~ MR. ANDERSON,-Right, and I didn,t mean ece abuts the urban area..<~..The road that separates the two has impacts?,.It's got 2,500 cars per day that-are going to be opposite 'the property. So it's an appropriate road to jump;~J the future land use already allows it to do.. It abuts the intel .ty center and I believe they are taking a very narrou narrowly restrictive view that's unnecessary. ~ .... '~"~ MR. MUL~ERE: I would Just add one other thing,' Cacchione Just reminded me of, which is true, is that it was al opinion of the attorney's office that the small scale com~ plan amendment was MS. STUDENT~ Yes, and he's not here ~that and it was Mr. Weigel's opinion. COMMISSIONER PRIDDY: Mr. Anderson,' does it really difference which way it goes because you're going to get MR. ANDERSON: Only -- only COMMISSIONER PRIDDY: I mean,~i is it is'~'' it really necessa: it ~ust, yes, staff, see, they said you were wrong · . MR. ANDERSON: I don't want to say too much on the record give people ammunition, but there's a procedural reason fo~ request. I can't be more specific than that..Thank COMMISSIONER BRUET: My motion'is modified to agree ~. ~S. LAYNE. TO.agree with'the petitioner, the amendment was not necessary? COMMISSIONER BRUET: Yes CHAIRMAN DAVIS= So there's a motion by Mr, Bruet :o recommen~ approval of R-97-2 with a finding of that petition not needing comp. plan amendment and -- because it was qualified under commerci. under criteria. SSIONER BRUET: Yes gree fy, and not understanding why staff had recommended do -- I hear what you're saying, but it still doesn't' sense That's correct. . .~.. CHAIRMAN DAVIS: Does your second still stand COMMISSIONER PRIDDY= My second will CHAIRMAN DAVIS: Okay. Discussion on that motion? My concern with that motion is we've been told that ~_attorney made a finding and I'm -- I have a problem MS. STUDENT: I'm sorry that Mr. Wetgel today, but as I said, he reviewed that COMMISSIONER YORK= And he felt the -- and he was necessary? MS. STUDENT= Yes, he did MULHERE: May I make a suggestion inclined -- you've got that -- you can have that finding on record, but obviously you voted on the comprehensive plan amendme~ because there is the potential that the board would not agree with your finding, and that would not therefore hold up the applicant having that reviewed as if the comprehensive plan amendmentwas necessary. Did that make any sense? · · COI~fISSIONER YORK~ Yes. ,:~:.'f:~-./ CHAIRMAN DAVIS= I think that's the '~ I think' that's'the >dsuspenders and belt approach that Hr. Anderson alluded to,~so nowI'm trying to find out where does that leave us with your motion, Bruet? :., . COMMISSIONER PRIDDY~ Well, let me ask this,'could we change our ~ion, approve this and then vote secondly that we find that ' wasn't necessary? .~.~i.-,~'.~ ..... ' COMMISSIONER YORK: May I interject something?-'.We've already voted to approve the DOA, and I think it would simplify matters if Just vote to simply approve this other motion, irrespective of what! else is involved. .... COMMISSIONER BRUET= Again, the laws and the statutes are /?~:~they are. If there's a problem, he'll have to deal with it with th, board. COMMISSIONER PRIDDY: amend my second. '. COMMISSIONER BRUET: COMMISSIONER PRIDDY: COMMISSIONER BRUET= petitioner. Okay. If you'll amend your motion :I I didn't plan to amend my motion." Well, i3n't that what we were Just saying? Well, I amended it to agree with the COMMISSIONER PRIDDY: I know, but what Mr,i~York Just '~ COMMISSIONER YORK: Was Just simply approve it as COMMISSIONER PRIDDY: -- simply approve it as COMMISSIONER BRUET: Oh, I thought you meant as the motion'was done COMMISSIONER PRIDDY: No. ~ COMMISSIONER YORK: In other words, allow your motion ).laws be what they are. We've approved the DOA, okay,~ and now'all we're asking for is simple approval of the R-97-2 period, without of the strings attached. .- ' MS. STUDENT= The public hearing is closed, isn'~ it? CHAIRMAN DAVIS: Yes. . MR. PALM: Can i say something, though? CHAIRMAN DAVIS: No, the public hearing is closed~ MR. PALM: Well, I Just find it sickening that --~ CHAIRMAN DAVIS: Excuse me, the public hearing is c1¢ call for order. Thank you, sir. Getting back to the motion MR. ANDERSON: I withdraw my request. COMMISSIONER BRUET: Ail right, fine. Then we' suggested, amend my motion to -- COMMISSIONER PRIDDY: Simply approve. COMMISSIONER BRUET: -- simply apply as I initially was to -- .~OUNTY PLANN~G COMMISSION ER:25':I997~IN THE BOARD OF ( BUILDING! £AST NAPLES, FLORIDA,' ~~ coMM}s: ~ANY PERSON WHO DECIDED TO DECISIOI~ iTHIS BOARD WILL NEED A RECOI:~D OF , AND TITEREFORE MAY NEED' ENSUR.E THAT A VERBATIM RECORD OF THE PROCEEDING: WHICTI RECORD INCLUDES THE TE £VIDh'NC£ UPON WI-IICH ~ APP£AL IS TO BE MATERIAL USED IN PRESENTATIONS BEFORE THE ~. A PERMANENT PART OF THE RECORD MATERIALS WILL BE AVAILABLE FOR P BOARD OF COUNTY COMMIS.~ ADDEND^ T° ^G , DA o~ Mmtrms~ P~G CoMMISSION'ABSENCES BCCREpoRT CHAIRMAN'S REPORT Cycle LDC Am~dm~, oLD'BuSiNESS ':"i: ', ~:.. NEW BUSINESS DISCUSSION OF ~D~A ~JO~ CHAIRMAN DAVIS .s meet: Commission to order,"' the second pment code amendments l Begin by calling the ~SIONER PRIDDY :~ DAVIS: · Mr.' Budd COMMISSIONER BUDD: . Here. DAVIS: Mr ?- Nelson. COMMISSIONER NELSON f CHAIRMAN DAVIS: Mr.- Mr. Davis, here Mr..'~. York. ..... ? ":%': COMMISSIONER YORK: He COMMISSIONER ,DAVIS= Mr. ':::-~:' Mr. Pedone. ~/:~! Collier hearing Oates is excuse~ COMMISSIONER PEDONE it iy! CHAIRMAN DAVIS = And Mr. Wrage. Alrighty. Any addenda to ..- No minutes to approve We move right on dow~l to 'our advertised public hearin the July, 1997 cycle of the LDC amendments, second meeting And, Mr. Mulhere, you had provided us, at our meeting .Thursday, the revisions which we have all had a ~chance and they all seem straightforward;~... Does anyone have any questions on the s~ have some people here th~nk that wan= }eak on the -.% COMMISSIONER PRIDDY of one item, we were all in agreement last time . _.., MR. HULHERE.. There were several':Just.very .cn.anges,. which..are reflect~.d.~n_.the package~ One .~thing~ i ~le= you ~now, c~ere 'arej:~"~;~:]~he original package ' first mee=ing,.:..there were%the a~rports. CHAIRMAN DAVIS .. MR. MULHERE: They are not ~n this packet,:" but they were advertised, and they are -- and =hey were in your original packet~ CHAIRMAN DAVIS: Right. MR. MULHERE.. And they're Just an CHAIRMAN DAVIS:.. Right. We're aware of . Well, with that',:~ let's we move ~andscape issue. - ? ' MR. MULHERE: That star~s at" Page' CHAIRMAN DAVIS ... Okay ~ ~'~'~ ~ .... 9~ ~' MR. MULHERE: And I added a couple of ~ummarize the discussion and the position of Jstaff.~relative to ~his amendment. And I did make the change' that~'~..the~p1 ~ission directed at your last meeting to add the Ce: Page 22-A, the sentence .~,~ the sentence the landscape ~lan :sha11~be? -- ~ November25 seal of a landscape architect registered in the State of Florida A~d .' that change is consistent in both -- both places .... ~ '.'.' I did summarize, as I said, the staff's position, and I know there are several people from the public that are going to wish .speak on this issue. So unless you have some questions,~I am sure we 'will have an opportunity to discuss the comments made by the public. COMMISSIONER PRIDDY: Mr. Chairman, by way of disclosure, I meeting with Mr. Pelletier and a Mr. Robert Davenport in reference this item. ~' CHAIRMAN DAVIS: Okay. And I think we have 11 received :..~; correspondence from Mr. Pelletier. With that, we would ask anyone in the public that would like to · speak on this issue -- we will restric~ i~ to new testimony evening since we have already been through our first public hearing this issue -- and ~ith that I would invite you up to the microphone. And if you would s~ate your name for the court reporter. .' MR. PELLETIER. For the record, my name is Ray Pelletie~'~'/!i~'I ~'~ here today representing myself, my family and by business. Before : are two documents. The first document labeled number one is Flort< Statutes 481, exceptions from ~icensure. Item number two is the Attorney General's opinion regarding the same item. Mr. Mulhere's simple question of can you have a code tha! restricts or prohibits anyone other than a landscape'architect' submitting a landscape plan is now answered. The answer to that ~ question is yes, you can have that code as indicated by the Atto General's opinion. The code, however, would be unenforceable as also noted on the Attorney General's opinion. .. _,~.: So now the only question you have today is, why would we have ~forceable code that implies that only landscape architects can submit plans? In the end, the question of who is qualified is issue as it relates to our high standards in Collier Counl law dictates who's qualified. The real question of measurement of the community standards. That is and will always remain the landscape code itself. Therefore, in closing, I respectfully ask that you retu Collier County landscape code back to reflect full compliance, With state law and exemptions therein. MS. STUDENT: I would like to address that. Marjorie Student,"for the record, assistant county attorney. I'm aware of the A.G.O. and have been aware of it for a number of months. That does not change the opinion of our office, because we have a different opinion of the exemptions mean. And the other thing I want to offer lot"the record is cannot be interpreted to achieve an illogical result.~ And the question I would pose to you is, why would someone be required through four years of training as a landscape architect and have to ~-~' take a test to be licensed -- and why would the legislature exempt people that sell plant material from being licensed to do the same thing? It's an illogic result and you cannot construe the law in way. other concern I have is'if we put the exemptions and construe them in such a way that it would allow nurserymen practice landscape architecture,~i feel that it would be'~invalid because at that point, we would be condoning somethinc wou~ That,s mylegal stand I in a court of law. CHAIRMAN DAVIS: Thank you. 'Any questions of Mr. Pelletier COMMISSIONER YORK: I know how CHAIRMAN DAVIS: Any questions of Mr.,...P~11etier Thank you ....... ?,:~.. .,._ . :: COMMISSIONER PEDONE: Yeah wait, wait, excuse me.'~ question. ' CHAIRMAN DAVIS: Mr. Pedone COMMISSIONER PEDONE: Mr. Pelleti. :an you tel ion you have had to be a nurseryman or -- that make you :hat you could design a landscape plan? MR. PELLETIER: I have a two-year degree in ~ State University of New York. I was a Dean's List student~there~ of four semesters. The plant -- the classes that I took include~ four semesters of environmental design where specifically I was ab] to )erform landscape design for, you know, I would guess ~- they t real situations there, but they were projects thatl initiated where I had to do four semesters of that I have taken classes in turf grass science, woodland management soil science, entomology, plant pathology,?botany,,a ~semesters of botany, and plant science lab techni, r~f,.'' COMMISSIONER PEDONE~ What about things'like overal ge? :-. ~.~,i:~c~,,-',~ · PELLETIER: Yes. I am -- I'm fully aware of and that was covered in soil science, where we'~an transit and we can do plane tabling where we actually locate or. the building that's on the site that,s~already existtn brother, as I stated, has a four-year degree in plant science w: -same university where he had four actual years of environmental design. In addition to that, I have two years working company in the United States and 15 years business. COMMISSIONER PEDONE: MR. PELLETIER: Yes, sir, I do. COMMISSIONER PEDONE: And you are licensedby Florida? MR. PELLETIER: Yes, I am, as required COMMISSIONER PEDONE: Miss Student, if we were landscape architect and a person who has had at least an Associate, Degree in landscape design and who meets the qualificatic sre wouldn't you feel be MS. STUDENT: Because that's not What the laW'~Says. The exempts nurserymen from -- he's still able to do a design for plant,/ material as an adjunct to marketing his product. That's all the law says. It doesn't say he can be a landscape architect. And that iS. i!.entirely different from our landscape plan. '?: ' COMMISSIONER PEDONE: But -- but if the code says' that this Part shall not be deemed to prohibit any nurserymen, nursery stock dealer ~. :'or agent, as defined by Chapter 581 (sic), who holds a valid license issued by the Division of Plant' Industry from -- as long as it's engaged in the preparation of planted drawings as an adjunct to: merchandising his product MS. STUDENT: But that's the key. That's different, and you have before you information that distinguishes between the two from the - from our staff COMMISSIONER PEDONE: I don't understand that. I am having real hard time understanding that, because the way I look at it is that if he's drawing up a set of plans for a commercial building, trying to sell his -- his landscaping, his nursery stock, and if he' doing it correctly, what's -- ~:~;"~' MS. STUDENT: I am going to defer -- I am going to defer to the! landscape architects, because I am not going to try to practice landscape architecture without a license, and I think they can address ~ what those things mean better than I can. I'm an attorney, and tha not my area of expertise. And my opinion is based on the facts,~ but will tell you, over the long haul what --~ why I think .~se exemptions were in here. And I have been trying to get the attorney for the asSOCiation Florida Association of Landscape Architects, and we keep missing one another, but I believe these exemptions are in here to make it cle. ~i that people who were already doing stuff related to their iiiiiii~..i~ ~ it be architect, engineer, surveyor or nurseryman, were not precluded; In other words, somebody couldn,t say well, you can't do your~Plan t0'! sell your product any more because that's landscape architecture .... That's why I think it s in there. I don't think it's in there to give people an entry into the practice of landscape architecture~.t~ have the requirements further flushed out, but it hasn't. My concern is if we permit this~ we have also run afoul of the law because we have permitted someth] that's -- allowed somebody to practice landscape architecture ~ state law doesn't. So we're caught between two counterfaili COMMISSIONER PEDONE: Didn't you Just say though this was put into the State Statute to allow someone who had practicing landscaping -- ~ MS. STUDENT: I didn't -- no, I dldn't say iiiii] that had been doing their job already r, ~i~ COMMISSIONER PEDONE: Okay. MS. STUDENT: -- in their little sphere And from what understand from staff, a plan that is an adjunct to marketin product is different than our landscape plan that we And~our staff can address that and there may be some peo~ audience to address that.~ There is a difference;'~And what' happening here -- you know,.~it would be like ~-.and I will"use an '.~.'~If you have a pharmaceutical salesman;~well,· he goeS?and pills to pharmaciesj!~And it would be likethis pharmaceutical~ can fill prescriptions and prescribe medicine. And those are purview of a physician and a pharmacist.. And to me~'that good analogy of what we're talking about here. COMMISSIONER PEDONE ~ ~ · MR. PELLETIER= If I~may, si: · an analogy"I~ I might.:~.What we're talking about here is in black and white it's highlighted in green right in front of you..-.~- And it isa FI It's a:Florida State Statute· And you have the.opinion! regarding the' same..]If I?were to be pulled over bY a'police asked, you kno~,: or'if I was pulled over for speeding and ir excess of the speed limit, would I be able to use the sam~ J~s~ificatio~ they're_using?here..~ You know, I don't read ~:'to mean that,'~you know.:~.All I am asking you to do is read-the and make your own interpretation and Judge based on front of you. MS.' STUDENT: Well, it appears to COMMISSIONER PEDONE: · The way I read the Attorney General opinion, it says that they can't require -- it doesn't'preclude ~ct or an engineer from making the plans,:i It about nurseryman '~:~!i!~?~..., MS. STUDENT: And that's -- and that's what they architect can design plans for open spaces around a house can mean a Xot of other things that are not a landscape ~nd an engineer can do certain things regarding drainage that landscape architect can also do:::: And that's why that's in there, I think we have a layman here as well, quite frankly· .~.-.:...~: o. practic~ MR. PELLETIER: Well,'"if?I mi we :ommun: y based solely ?n the possession of an academic'de9 consideration of qualmflcationbyvirtue of'experience~.and 'ab the best interests of Collier County is not's~rved,, gentlem~ CHAIRMAN DAVIS= Thank you, Mr. Pelletier Mr~ Priddy.. .... . ' COMMISSIONER PRIDDY:-~ I will hold s fo: )eriod. C0MM~SS~ONER YORK= Me]! CHAIRMAN DAVIS: Additional s~ on MR.'~TYSON: Yes, good evening.'~,.Myname'-is Bru~ istered landscape architect in the State of Flor to keep my comments different from the comments,that!I here two weeks ago ~;~i,, ..' I think everything that I have heard and espeClall, out, that this is a regulation or a comment that was made from the Attorney General's office regarding ~r November 25, 1997 can an engineer or architect do what a landscape architect does or vice versa? And there's a number of places within our own codes and laws that allow that to happen, and I will ex"plain that in just a second. But I think some of the things that are very important for your consideration as you deliberate this, from what we heard, there is no form of licensing offered by nurserymen or their affiliated associations regarding a nurseryman,s qualifications to prepare planting plants. And you have heard some statements that have been made, and yet by the admission that they had made two weeks ago, there is no method to determine their qualifications, no method to establish specific credibility and no internal process to set standards. That's what an education is all about. And throughout my caree~, and I don't mean to -- I want to make light of this, because I think it's quite humorous. I have been on many project sites in my twenty-five years where I have heard builders saying they know much more about things than architects. I have heard road contractors saying they know a tremendous amount more than any civil engineer. have nurserymen say they know just so much more than landscape architects. I have painters who have told me they know a lot more than interior designers. But, you know, it's usually the project implementor who interprets a set of plans and comments about those designs with really out -- without having the benefit of countless hours of team interaction with the clients and other design professionals, negotiation with the public agencies and solving complex issues that are only resolved through a creative process that slowly whittles away at alternative solutions. As landscape architects, it takes approximately eight to ten years to go through school, gain sufficient exl~erience -- it's not just a matter of going to school and then you can be allowed to sit for the exam. Very few pass the exam the first time, and very interestingly, only about ten percent of that exam deals with planting plants and plants. There's much more to it. From that same document that you have in front of you, if you look down at the lower right-hand part of page one, you can just follow along for a second.I It says the term landscape architecture is defined to be a professional service. It includes, but is not limited to, the consultation, investigation, research, planning, design, preparation of drawings, specifications, contract documents and reports, responsible for construction supervision or landscape management in combination, or in connection with the planning and the development fland and incidental water areas, including Xeriscape, and to the extent that the predominate purpose of such services or creative works is the preservation, conservation, enhancement or determination of proper land uses, natural land features, ground cover and plantings or naturalistic and aesthetic values; the determination of settings, grounds, approaches for the siting of buildings and structures, outdoor areas and other improvements; the sitings of -- settings of grades, shaping and contouring of land and water forms, determinatio= of drainage, the provision of storm drainage and irrigation systems where such systems are necessary to the Pu oses °ut 'i,ed here the design of such tangible products and features as necessary to the ~ose outlined herein. ,,.,:~ · The Collier County landscape code does'not Just' deal wit landscape planning. It also requires a working knowledge of si~e Planning, zoning and complex land use issues and adjacency issues you have heard me up here in front of you debating these things And we have an established county ordinance that the staffs/by the: ~acknowledgment when we were here last time and since adoption afew:! ..years ago, has improved the quality of the submittals that have through the system and returns them to the applicant withina~ reasonable time frame. ~:i:~ ~ ' We don't think it's broken. ' We don't think it needS~fixin, 'personally, I haveD't heard an alternative expressed that would improve the existing situation. And, therefore, I strongly urge the! Planning Commission to Just leave the LDC exactly as it present] ~'~ CHAIRMAN DAVIS~ Mr. Priddy. ~. COMMISSIONER PRIDDY: Mr. Tyson, I see this not so mu. ?qualified, because I don't think that necessarily matters~that much because our landscape code itself is going to give us the end ~ I see this as more of a property rights issue. You know I've got a piece of property out here and, you know, if -~': got the plan in mind that I want my building and pro~ect to look llke ~and if I am able to get that on paper and into the process,~.it~ shouldn't matter if it takes me twice, and if the county wants me more for doing that, then, you know, I think that's my right to be able to do that. So I am struggling with -- with this s from a property rights standpoint and, you know, not so muchlthat~ we're going to enhance the quality of life here in Collier only having people in your profession, you know, do ~ MR. TYSON: I don't disagree. From my list that I sa: !? are builders that know more than architects, There are road ~7~9%1-~.i.~!! contractors that know more than some engineers. You know, yoU~Ca~ find isolated incidents where that occurs, but if the nurserymen way of giving you a -- let's say they had some form ofiilicensure 'they have been through an exam, they have proved tobe~com~etent interpreting these codes, doing what is required, there's no -- there's no argument. COMMISSIONER PRIDDY: But that still doesn't help me as ~al property owner out there to bring a. set~ of 'overnment's process. ~.. iiii~.~i~!~i !~i~?. ~ MR. TYSON: And maybe I can - I can even'illUstrat Budd sitting right next to you. And maybe he's a perfect .contractor that knows an awful lot about building construCtion~ahdl yet as it goes into the county, will still need to have anarchitect. and structural engineer's stamp on that set of plans,.~iiI m--,~: ?i' disagree with what you're saying. There are what appear to relatively benign issues dealing with health, safety and welfa~ !i! the State of Florida has determined that those things are ~ortant and consequently that's why there's a licensure act November 25, 1997 because it's a neat idea. So ou ' , :' "' COMMISSIONER PRIDDY: . y don t -- don t really see any avenue or mechanism to help the individual property owner or the nurseryman~ or anyone else through -- through our government process? CHAIRMAN DAVIS: But, Mr. Priddy, isn't the difference -- if you want to do that, if you're an owner/builder building your own .! single-family home, that's one issue. On the other hand, if you're building yourself a 30,000 square foot commercial building over here in the industrial park, isn't that different? COMMISSIONER PRIDDY: Let's make that a 1,300 square foot building in another part of the' county. MR. MULh~RE: Well, I would Just add a couple of things. It is true that one- and two-family and mobile homes you can, as an owner,t do your own landscape plan. Also site improvement plans which are redeveloument plans for existing -- existing developments are not required to be signed and sealed either by a landscape architect or an engineer. There's certain parameters. They're minor improvements, you know. But on the other hand, yeah, we do require -- state statutes require the civil engineer and the structural engineer in some cases. and the architectural seal on soma commercial buildings because of the public nature of those Buildings and because of the public health safety issues, and I think that those same issues apply here. They'r~ probably a little bit harder sometimes.to grasp when we're talking about landscape architecture,.but~I think that they still apply. - MR. TYSON: Maybe I can ~ust make a quick point. Right now we'~ Just talking about site development plans and plans that need to go through subdivision. This year to date there's 162 of those in the county, items that Mr. Mulhere just brought up in terms of single-family homes, mobile homes, duplexes. There's been 2,366 permits drawn. That's an eight percent number that we're talking'~'~-.:~ about of something -- and if you want to call us protective of that, I think we're almost the little guy trying to hold on to make sure that the quality rests and stays right where -- right where we think it's been -- where it is headed. I made the comment before about the things that have been added from the standpoint of the architectural guidelines. Now there is maybe a situation of where they're strictly affected only in an are~, and maybe there's a point to where you might say, could we add some language to make something outside of the urban boundary such that would be a little bit more appeasable? On the other hand, I would Just say that I'd like to spend some time with you, and this is Just1 off line, just describing and discussing what I think some of the tr~e advantages of running through this process with registered -- COMMISSIONER PRIDDY: But can you tell me that what we see in our community with landscaping is driven by the expertise of the landscape architect or market driven and driven by the landscape code?" How much credit do the landscape architects take for the ambiance of the community? MR. TYSON: Well, the market driven, number one. I would'say the Page 9 November 25, 1997 landscape architects play a significant role in that, number two, on major projects, and then thirdly is the implementation and maintenance, and maintenance is probably equally as important, if not more important, in the long run, but it's got to be planted right the first time in order for it to be maintained well. COMMISSIONER PRIDDY: I don't disagree with you. I Just, I guess, am wanting to take the position of the champion of the little guy out there and not the 30,000 square foot industrial building, because, yes, I am golng to come hire you if I'm doing that. But certainly I think we need some protection for the other end of the spectrum, also. And I don't know how we get there but -- CHAIRMAN DAVIS: Thank you. Anyone else to speak on this topic, please come forward MR. FORD: Fo~ the record, I am Mike Ford with Florida ~andscape Designers Association. I was here two weeks ago. I was asked a question what answer would I have, and Ray has it in a folder of his, but maybe what we can do is have a fee for resubm~ttal. Let's help the little guy. If they don't know enough -- well, let me back up here. If the landscape code gives you the end results, okay, whoever is submitting those plans, if they don't know enough, if they think they're qualified and they're not and they have to resubmit, let's charge some kind of a resubmittal fee and maybe make it progressive as they resubmit. Not only would that help the workloa~ coming in, bu~ it also would help if the LA's have to admit at least twice -- submit at least twice, then that would help them be on their toes a little bit more as well. That's all I wish to say. CHAIRMAN DAVIS: Thank you. Additional speakers? Are there additional speakers in the iii' audience for any of the other proposed LDC changes tonight? Seeing none, I am going to close the public hearing for the lah~ development code changes. It seems to me like me may want to have some discussion on this' point before we move back to the rest of the changes as a whole. C0MMISSIONERWRAGE: Is there no problem with the land development code? I mean, in terms of landscaping that we have got now, we don't have a problem with that? .. CHAIRMAN DAVIS: No, there's no proposed changes to -- HR. WRAGE: So what we're talking about is a process that we gwt to what we've got as to who's going to do it? CHAIRMAN DAVIS: Yeah, right. .. COMMISSIONER YORK: Let me Just make a comment. Two weeks ago member of staff stated that the reason that they recommend that we have a landscape architect sign-off on all these plans and so forth is because that a lot of time is taken up by staff reviewing plans that don't qualify. I think that can be overcome as suggested by one of the speakers by a resubmittal fee. If you don't get it right the first time, you're going to pay again and you're going to pay again.iii In looking at the attorney's opinion, I can't -- I guess these are all matters of interpretation, and this is just my interpretation. Mr. Pelletier, in my estimation, is not wanting to practice landsc~ Page 10 November 25' 1997 ~ architecture for a fee. In other words, he is not -- he is not goinig to advertise that he will prepare your landscaping plan for a fee. What he is proposing is that he be able to prepare the landscaping i~ !i plan, because he's going to be able to provide the plants and the ancillary stuff that goes with it'. And that, in my opinion,~is adjunct to merchandising his product. I mean, he -- he's going to bid Job. Let's say there's a plant -- a building in the landscape design and the plantings total a hundred and fifty thousand dollars. -.,~ Well, I think he has the right to bid that and including in that is ~i i.~ii~il the landscape art. The code itself is going to interpret whether or. not it's a good plan. I mean, I have nothing against the landscape; :ts, but I can t -- I can't Justify excluding somebody that's qualified that the. law says can do it. '~'~ ~ In my opinion; the law says can do it. And i am not p. racticing " law; I am Just interpreting what I see. I have to agree w/th Mr. Pedone. ~ MR. PRIDDY: And I agree with your comments, too. ' '~.~ i~.~~ CHAIRMAN DAVIS: Mr. Nelson. ~ COMMISSIONER NELSON: And I don't. I think -- this is alrea¢ moved as far as I can move. In other words, adding the words that i has to be either prepared or reviewed and approved by. It seems to me that in every area of society where we have decided a particular se~ of technology is important, we have had to move to this exact state.~ In medicine, as Ms. Student pointed out, we had barbers doing surgerY at one point, and we decided after awhile that it has to actually be ., regulated and people with degrees and proper training have to do it. ~'~i. And this is an important area and it's simply moving into the ~i~.'!.~ regulatory field as all other things that are important have done. In terms of resubmitting, then it's going to be a contest of what is wrong with this plan and lawsuits, you know, against government people because they will feel that they're being discriminated against because they're not a landscape architect. And in addition, there ii,il will be a lot of things that may not be apparent at the site that a !~ landscape architect would have seen and dealt with, but Just cursory i'.i. review of the plans, you won't be able to detect. It's Just clear t me that this is like many, many other areas where you have to actually have training and some sort of certificates that you are trained properly in order to do it. The nurserymen it seems can still do' these plans because of the change we have made. They simply have ?'> align themselves with somebody that can review them--a lands( architect that can review them and put his -- MR. MULHERE: I Just want to add that we do have resubmitt currently in the final site development plan and review process. your second submittal and your third submittal, there are fees already. And while I recall that, there was a reference to th~ additional time that staff is required to put into plans r: ....... that aren't signed and sealed by landscape in our collective · experience. We're going back now because it's been at least '~ been over a year that we've required the signed and sealed plans. · That really isn't the reason why staff supports ng -- requiring the signed and sealed. It has really to do more with the technical nature of the submittal for site development plans and the. quality of the plans that in general we see...~' , .... ~-'~ .~ As I said, it's not in any way, shape or form a personal issue respect to Mr. Pelletier. It's a much broader issue.. It's establishing a baseline, in our opinion, just as we require signed and sealed engineered plans for our site development So even though, you know, there is a representati~ 1 that there's a considerable amount more and pressure more on staff to resolve issues and plans that come through that don't the code. Well, what's wrong with them? Well, we end up having i'te11 people what's wrong with them, you know, instead of them havin the ability to design a plan that doesn't have something wrong But that's not really the critical issue from our perspective as I say, it's not a personal thing. It speaks nothing -- what say here speaks nothing to the ability of one individual~over another.- individual. It simply sets a baseline, CHAIRMAN DAVIS: For me, we have a unique situation with Mr Pelletier who has talked to us about his education and his experience and may very well be qualified to do this and have that knowl~ concern is the rest maybe don't, and until -- and at.~uch t~me as there may be some sort of certification that was discussed is in process of being developed, then maybe we look at this again.~i~.Bu= other than that, I agree wholeheartedly with Mr. Nelson. It's -- it's a certification that we required I guess about a year ago with pment code changes and the Board of County Commissioners passed. And other than the minor change we have made to make it clear that -- I think to make if very clear that the landscape architec~ doesn't necessarily have to prepare it, but someone else can it, as long as it's reviewed and certified by them, I stick by previous vote. Any more discussion? So on -- I guess what we have go= -- we're talking about we have go= what was provided to us ~n the package, which unanimously supported last time, and that was on Page 22-A Mulhere referenced. ~ . MS. STUDENT: Mr. Chairman, are you planning to take twolvotes the rest of the -- CHAIRMAN DAVIS: Yes. MS. STUDENT: Okay. I think that's wise in this instance COMMISSIONER PRIDDY: Mr. Chairman, I think I'd like to motion, and we may, in fact, have two motions on this, but'I want're make a motion in regard to the landscape section that We revert bac} to the change prior to the change that was made a year and a half.. CHAIRMAN DAVIS: Okay ...... COMMISSIONER PRIDDY: That would go back to the old CHAIRMAN DAVIS: All right. Is there a second to Mr. Priddy? COMMISSIONER YORK: I'll second it. CHAIRMAN DAVIS: All right. A motionbyMr. Px !November!'25 Mr.~, ~'Discussion on the'~ion? ~All those in favor, please.signi y saying aye~ So that's four. .... A11those opposed? Four'to three.,~,.~. Would it be fair to state that the three of us ~ort.the change as it was presented to us today for clarificat the staff for presentation to the board? ...... MR.' MULHERE: Okay. And Just for clarificati~ your direction, we would simply take out the paragraph starting at the landscape plans shall be prepared,,~ whole thing comes out? ~ ~ ? CHAIRMAN DAVIS: It would -- and Mr~'Priddycan correct'~ wrong -- is to go back to whatever i= was before we changed MS. STUDENT: .Mr. Chairman, if memory serves me correct a reference =o the state statute, and I think it might have-also referenced the section with the exemptions.'~ And the that is to put staff in a position of ' MR. PRIDDY: Okay. We worked we1 ~r thai'system f~ beginning of time until about 18 months ago and CHAIRMAN DAVIS= That's what we have approved fou~ that -- the three of us tha~ were in the minor · With that, we now need to ~ke a motion on the LDC .whole. I would ask that the first motion be for everything with,~th~ · exception of in Division 2.5, those issues that deal. tagpoles so that I can vote on the first one.: COMMISSIONER YORK: I~so move. ~:,'.;'* COMMISSIONER PRIDDY=.:':~I.--.Again,.i.~xtl going on the -- the blasting issue '.?... ' COMMISSIONER YORK: AI~ right.~,/Exclude the bla~ COMMISSIONER BUDD: Second. CHAIRMAN DAVIS: All r£ght.~·~ Motion for approval .York, seconded by Mr. Budd. All those in favor signify by saying aye. Opposed? "' (NO response.) CHAIRMAN DAVIS: That carries unanimous: :~":Now we would need a motion on the -.~ let's see ~:we still have five. So if someone SSIONER YORK: Six .... MR. PRIDDY: You got six on each issue COMMISSIONER YORK: You're out on one. and he'; CHAIRMAN DAVIS: Okay. So we will need two separate": MS. STUDENT: Mr. Chairman. I need you and Mr~-:~PriddY]!i[to.~s~a, for'the record, other than just saying bailing out or I'm not~oing vote on it, could you state if it's a voting conflict of interest re upposed to state the nature confl£~ of the appearance of CHAIRMAN DAVIS= And we will do that when the motion MS. STUDENT: Okay. Thank you.~ .......... ~ CHAIRMAN DAVIS~ Maybe a motion Oh"the n 2.5 with signs and flagpoles COMMISSIONER YORK: I would move that am~ recommended for a~roval. COMMISSIONER BUDD: Second.~' . DAVIS: Motion of ap~ seconded COMMISSIONEaWRAGE: 0uestion, what's the Its Do you have to have a degree? CHAIRMARDAVIS: You have to -- interesting you have to be tested ~nd certified by the State of Florida, $IONER WRAGE~ In other words, I can't get CHAIRMAN DAVIS= If you take the courses and ~ly can. :,.., ..... With that, I will be abstaining from this vote living selling signs and flagpoles ~',,~--. ........ . with that -- ' "~ ~ ~'i~i~ COMMISSIONER YORK= Call for the question. CHAIRMAN DAVIS: All those i. favor sign£fyby ~'CHAIRMANDAVIS: It carries unanimously with one abstent: And the thir~ motion, which would be the blasting aspect, ~'~'~"-~, COMMISSIONER YORK: That would be Page 32, I believe CHAIRMAN DAVIS: I think 32 and maybe a few extras~I ~ to it as the changes that have to do with blast~: activities. .~.,~,,~ M~ MULHERE: Sections 3471~, 3471~ and CHAIRMAN DAVIS:, Is there a motion for approval' ~ as referenced by,r. Mulhere? ';.' COMMISSIONER YORK: I would move ~hose referenc, ed as recommended by staff. ..,', COMMISSIONER PEDONE: Second. ~ ' CHAIRMAN DAVIS: Motion of approval by Mr. York, seconded ~SIONER PRIDDY: And I have a [lict own a rock pit that my tenant is effected by the requirements ordinance. . -.~ ~ ~. ~::'~r~'CHAIRMAN DAVIS: With that one abStent 's~gnify by saying aye. .-. . Opposed? (No response.) "' ~ ?'i~, CHAIRMAN DAVIS. Carries unanimously with · Mr. CHAIRMAN DAVIS: Is thereany other, busines~ COLLIER COUNTY PLANNING COMMISSION WILI~~ MEET AT g:30 D£CEMB£R. 4, 1997 IN THE BOARD OF COUNTY ADM]IVISTRATION BUILDING, .COUNTY~ GO~~ EAST NAPLES, FLORIDA: ~:. ~ NOTE:ANY PERSON WHO DECIDED TO APPEAL A DECISION ( THIS BOARD WE.L NEED A RECORD OF THE PROCEEDINGS PERTAINING ~O, AND THEREFORE MAY NEED TO ENSLTRE THAT A VEREAT1M RECORD OF THE PROCEEDINGS IS MADE, WHIM RECORD INCLUDES THE ~ONY AND EVIDENCE UPON W1-IICH TI~ APPEAL IS TO BE BASED ALL MATERIAL USED IN PRESENTATIONS BEFORE THE WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR. BOARD OF COUNTY COMMISSI~ MEETINC] ROLL CALL BY ( ADDENDA TO THE AGENDA OF MINI.rTES: PLANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPOR.T ADVERTISED PUBLIC HEARINGS: A. P~tion No. BD.97.25, Ben Nelson of Nelson M~'~e Cons~c~on, requesting an I I t'oet boat dock extension to allow for a 31 toot boat dock and boat lift facility for located at 219 Bayfront Drive, further descried a~ Lot 21, BayR'ont Gocbenam.) ".! '"', ...... <': ..... ,<<'>.,' Petition No. R-97-7, Co,,uudnity Development & Environmental Services Division County Bo~d or' County Commissioners, requesting a rezone from "lq.ID" Planned Unl "A" Rm-al Agricultttral fof the Naples R & D P~k at Lely PUD. located tmmediatel} (Tamiaml Trail East}, in Sections 29 and 30, Township 50 South, Range 26 East, :·.:.~mote of less. (Ceofdi-stor: Fred ReischO Pet~on Ne. PUD.84-23{I), Tbon=s W. requesting an amendment to the East Naples Co,,.,,,..,ttty Park Planned ! Pem~tted to add "monopole communication towers" as · permitted u~e Tbomasson Drive and to the south and east of Avalon Elementary School in Sectlm Range 25 East, Collier County, Florida. Petition No. I~T)-~/.14, Bhtf A. of Coastal Engineering Consultants,'~r Wltittenbet[ l~'velopment Cmlx~afl~ teq, e~dn~ a ~ ~ ~-6 to P~ ~ ~ ~ u W~ f~ a ~ of ~ d~ll~ ~ f~ ~ ~ 12* g~ ~ P~tlon No. PUT}-83-1(S), Michel P.. Fernandez, AICP,' of Planning Development r~sendnf Corot Co,.,...ttle~ Cotp<.~on. reque~ins an smendnx~ to the Bedr.~ [.~es PUD purpose of smending the Berkshire ~ PUD regulations having d~e effect of adding the use of storage centK on d~e commerctsl tra~t lo~ated on d~e nortlmest corner of Davis Boulevard .Bart~ra Bmttevttd toSethet wid~ additional development mndatds to, enl~nce?e~ eomp~'bt1~ of d~ tTpe of commer~l str.3.=m~ for ptopet~ located on d~e ~ Intenecd~ of Davis Boulevi~,~ (C.P,. g4) and gtnta Barl~n Boulevtrd in Secfl°n32 tnd goud~ PJn~e 26 East nad gection $, Township 50 gouth, Range 26 ~ Collier of 1093.0 acte~ mote of less. (~ Peddon No. PUT~7~-31(14), Oeorle t., Van~loe °fYounf~ vsnAssenderp & Vamadoe, P.A., ~ WCI C~,-m,~ttles Limited Ptrtnenlttp; Oulf Bay land Investments, Inc., and (~lf Bay Land Holdings, lne.,~ Ptf~'el $-I Development, ~n~. and Quality Development, ~. requesting an amendment to the Pelica~ Bay PUD ro~ the pml~se o1' inet~'~ml the hetsbt of Imlldin~ ~ ~ ~t~ ~ Pelican Bay PUT) deslgn~ted Group 4 ~rom 200 feet to 250 feet above r~,~,,,~n floor~ establt~ hw. (Cootdtnatoc Ron Nino) {Continued ~ O.." _':'! Petition No. FUD-97.15, of Coastal Enltneerlnl Oemse Vukobratovkh, Trustee, teq~e~tinI a re~one ~ms "CF" Cmmnunity Development for · mixed commercial land use development-stntegy tn property located on the east side of Abl~-Pullinl Road south of Lone Oak co~mus property known u Princess Park in Secdon I, Township 49 County, florida, conuinJn~ 11.35 acr~ mote Ron the Collier County Planning Cmnmisslon on a new Bonus and lmpo~n~ Covenants and Restrt~ons on Real (Coordinator:. ~reement BUSINESS NEW BUSINESS DISCUSSION OF ADDENDA ~ '~CHAIRMAN DAVIS: I'll call this meeting of the Collier County Commission to order. Begin by calling the roi Mr. Pr~ddy? ,~. .... ~!,.~.',-:'~,~f~:~,~, COMMISSIONER PRIDDY: nere' ~'CHAIRMAN DAVIS: Mr. Budd is excused. Mr. Nelson is excused..~, COMMISSIONER BRUET: Present. CHAIRMAN DAVIS: Mr. Davis, here. York? COMMISSIONER YORK: Here. CHAIRMAN DAVIS: Mr. Oates is excused.:~'' Pedone? COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: And Mr. Wrage? · -~ COMMISSIONER WRAGE~ Here. C~AIRMAN DAVIS: Any addenda to the agenda? I think we need a couple motions on items F and ~ to ¢on=~ COM~ISSIONERYORK~ Move they be continued. COMMISSIONER PRIDDY~ Second. . MULHERE: Mr. Chairman, also I have a letter here : Foley representing the Creston Woods PUD, Mr. James ~an indefinite continuance of item 7-D. ~ · /:~? COMMISSIONER YORK: I'd add that to -- to my motion. CHAIRMAN DAVIS: So on D -- item D, it will be continued indefinitely. Item F, indefinitely, and item G until December 18th? . There was a motion by Mr. Yor~, seconded by Mr. Priddy. Discussion? Ail those in favor, signify by saying aye.~-' ~ Opposed? (No response.} CHAIRMAN DAVIS: Carries unanimously. No -- no minutes for approval. Any absences coming up? Anything in the way of a BCC report, Mr. Mulhere' MR. MULHERE: The Board of County Commissioners, On Tu~ evening, had the first of their two scheduled LDC amendment hear: The board did not take any formal action on any of the amendments, entertained comments from the public, so I would -- I really can't give you any definitive responses to which direction they're ~take, and the one issue, of course, that was controversial was~ ~-'~'.~!'landscape architect's signature and seal on landscape.~lans~<'~ The second hearing is -- their second and final hearing is ~ednesday the 17th of December. ~!!~.~ CHAIRMAN DAVIS: Was there any indication by the ~i.~landscape issue, their feeling, straw vote taken MR. MULHERE: I don't think they took a strawpOI .~!~!~,.appeared a~ though, based on comments fromindividual'commis '~({~'that the - that a majority of the board supported thei~staf ~to strike through the words prepared by and -- which w6u14' ~Sti11 require the signature and seal of a landscape CHAIRMAN DAVIS: Okay. All right.' '~ COMMISSIONER YORK: Mr. Chairman, just in the way of information, I must leave at 10:30. ~,~-,~ CHAIRMAN DAVIS: Okay.. All right.~ ., n, BD-97-25. " ~..i'i:.i'~'" ', ~.~, DECEHBER 4,~ 1997 I'd ask all those present :::pe~ition =o please s~and and raise =heir. right hand so~=ha= ~he couru" reguest~:ng an"' It The shoreline's stabilized by a r~prap revetment ~'s an: g five foot dock on the property. The waterway's about 600 fee= wide at the proposed site. :-.:. . . .':;:.:~-:-Six- boat dock extensions ranging ran~ing'"£~°ml3 to 33 fee~:': ::.'!,haye bean approved on this water~ay for properties immediate .::::~: ~.vicinity of the proposed site.".'f~:''. :~:<~"~<::,.:.:: No objections to this project have been raj proposed facility meets all criteria and staff recommends CHAIRMAN DAVIS= Any questions of Does the petitioner have anything.to add? on this petition? Seeing none, I'll close the public hearing. :i~'-,!' COMMISSIONER YORK'. Mr. Chairman, I'd move we approve BD-97-25 COMMISSIONER BRUET= Second. ~--,CHAIRMAN DAVIS= Motion of approval ~-?hairbyMr. Bruet. ~ All those in favor, signify by saying aye i:~: (No response. ) ,- ? i':~:::~l%::~ CtL~IRMAN DAVIS.' , Carries unanimoUsly.?i ~:!fPetition R-97-7. Once again, all those :.~to speak on this petition, please stand and raise your right hands that you may be sworn. .,~-: ~:::~. M~. YORK= I don't see Miss Cawley here (Speakers sworn.) CHAIRMAN DAVIS= Mr. Reischl, is there a need ~o'wait with ~he petitioner's representative not being here? MR. REISCHL= The people from Wilson. Miller said going to be here. That would be your ca11'if CHAIRMAN DAVIS: Let's go ahead then, REISCHL: Okay. Fred Reischl,~Planning Serv ~ipetition consistent with the PUD zoning,%Sunset rezoning", '~!It's a.rezone of the Naples R & D Park a~,Lely..PUD,~!!which. ~iindustrial PUD. Generally the provisions~call!for i~?~i~0ther hotel, motel, office type uses in the PUD. In -- the PUD was established in 1986 from rural were -- there was an DECEF2~ER 4, i997 In February 1987, the BCC, pursuant to the PUD Sunset provisions~', gave the petitioner or the owner six months to amend the PUD to make it consistent with the Land Development Code, and that date was up cn August 18th of this year. No petition was received. However, last week, I did meet with representatives of Lely Development and they actually said they would be here and request that they get an extension of that time period. They are working to incorporate this PUD with the adjacent Lely Lakes PUD. Again, this was Just last week, so staff -- this is not a review of that request. This is a review of the rezone from PUD to rural agricultural zoning. Staff recommends that the petition be -- that the Planning Commission recomm%end to the board that this be rezoned to ~ '' However, staff has no objection if the PlarL~tng Commission also wishes to have the board consider an extension to allow Lely Development Corporation an as-yet-undefined ti~e to have -- present a PUD amendment. . . - CHAIRMAN DAVIS~ And it's been advertised for the BCC for January 13th, which is over a month away, which should provide some time to -- if there's an alternate plan, I would think, to come up with it. MR. REISC~L: Well, I think the -- the advertisement should be just for the rezone to -- to consider the rezone to ag., not to consider an amendment itself.. ~- CHAIRMAN DAVIS: Right, my point ~ein~that'that gives them some time, if they're going to come up with some sort of outline of a plan, that would give them time to do so and present that to the board for some sort of time extension to finalize that. MIR. REISCHL: Yes. MR. MULHERE: Right, and I would just, for the record -- probably what they would end up -- if they're proposing what I understand they're proposing would be to rezone both Lely Lakes and this Lely Research and Development PUD to a single PUD, so rather than an amendment, it would be a rezone. CHAIRMAN DAVIS: I see. COMMISSIONER PRIDDY: So, Bob, under that scenario, if we downzone this, they're going to have to rezone -- MR. MULHERE: That's correct. COMMISSIONER PRIDDY: -- anyway, so that's probably why this isn't such a big deal to them this morning. CHAIRMAN DAVIS: Any additional questions of staf£~ her from the public to speak on this petition today none, I'll close the public hearin9 ~SIONERYORK~ I Just have a problem ,x-respective of what -- when the applicant's not here here. ~-"~MR. RANX~ I'm here representing the apg ..~-¥.::.-.' COMMISSIONER YORK: You closed the public hearing CHAIRMAN DAVIS: And I can reopen the public hearing, and if -- sir, if you'd like to come up ~o the microphone ~o add before we close the DECEMBER 4, 19~7 control of the property. That's what prevented coming back to the~- commission and%to the staff by the August 18th Now that We've located the purchaser and regained Control of property s~that we can, in fact, proceed with some plans, our con~ is to co~e at leas= a portion of this R Lakes Deve~pmept to -- in fact, the net result will be a~reduction~ intensity, but it will allow us to sell some land to Rooke~ Bay for~ pe~anent.preservatlon and use some of the R & D Park land to make for that ~n creating a golf cours~ resort that would, "in,fact, net fewer residential units, even in.those approved f?r Lely.Lakes. So~ would be easier for us.to.wor~ w~th that and.I t~nk probably easie~ for staff and the CO~lSSlon if we left that zoning a~other couple~of months on the R & D parcel until we can co~e:~back~ wi~h our PUD amen~en~. ~ ~ · ~.~'> ~'~ ~ C~I~; DAVIS: Questions of the petiti°ner'S representative? ~( ~ Any cements ~from staff? ~ ~? ~ ~. ~. REISCHL: No, this is -- th~s is ~hat we dtscusse ~ last ~ C~I~ DAVIS: And you're sayzng, Sir, that 60 days would CHAIRMA~q DAVIS: Okay. Could you come over to this mlcrophone and we'll ask the court reporter to swear you in. ' , ~ (Speaker sworn.) ~'. ~ ~ MR. RANKIN: Sorry to arrive a little late.'.'.'. ~ .~ ~"CHAIRMikN DAVIS: If you could state your nam~'ifor the ~cord. MR. RANKIN: I'm Bruce Rankin with Wilson, Mlller,[~!Barton and Peek. I'm representing Lely Lakes. '~.<"-.. ~ 77~I had to dodge an auto accident this morning coming down from Fort Myers, so I apologize for the delay and I'm sorry I missed Fred's statements, but there are just a couple of points I wanted to make~ regarding our -- our desire to postpone or to -- to extend the -- postpone the rezone or -- or extend the PUD for another few months ~' . This property was involved in a purchase. The purchaser was unable to move forward with the project and so it took a little~bit of time to actually locate the purchaser so that Lely Lakes could regain 11 get i MR. RANKIN: Sixty days would -- would do it just fine, .~ COM24ISSIONER YORK: Why don't we-- ~ COM~ISSIONER BRUET: We just take no'action? ~ COMMISSIONER PRIDDY: No, we COMMISSIONER YORK: We have to recommend'an approva " COMMISSIONER PRIDDY: If you close the public hearing, started 0 that. ~':~ :~ ,~:::~:t': C~I AVIS:~. All ri, : to speak on~th~ . Seeing none, ~ 11 close the public CO~ISSIONER PRIDDY: Mr. Cha~rman,'i I move that we reco~end day extenSionrof the existing zoning on th~s property R-97-7. ~>u CO~ISSIONER BRUET: Second C~I~ DAVIS: Discussion? :: those '~ ~ .~REISCHL: ~rocesstng time that g or j% 166 DECEMBER 4, 1997 CO~4ISSIONER PRIDDY: Ninety Days from the BCC hearing. CHAIRMAN DAVIS: Okay. Motion of a 90 day extension by Mr. Priddy, seconded by Mr. Bruet. All those in favor, signify by saying aye. Opposed? (No response. ) CHAIRMAN DAVIS: Carries unanimously. PUD-84-23(1). Once again, I'd ask all those present that may speak on this petition to please stand and raise your right hand so the court reporter may swear you in. (Speakers sworn.) MR. MILK: Good morning, commissioners. For the record, my name is Bryan Milk.and I am presenting petition PUD-83-24(1). Collier County Public Services is requesting an amendment to the East Naples Community Park PUD in order to add to the list of permitted principal uses, a 150 foot monopole telecommunications tower and associated. equipment.,~ The tower will be located at the southern end of the park. southern end is the area where there's a preserve area. It would be located to the southwest of the existing tennis courts. The tower itself will be built by others. Others will be the leaseholder of the property. The tower will be situated in a 50 foot by 50 foot leased area~ which will be encompassed by an eight foot fence, and within the fenced area, there will be telecommunications equipment and shelters for the tower itself. Around the perimeter of the fence will be a landscaped hedge and canopy trees. The tower itself will be 150 feet and it's designed to be monopole in character. It's located in the center of the site, so it has the least amount of esthetics or visual impacts from surrounding neighbors the north and to the west. Staff has not received any letters of objection or in favor of the proposed tower. Staff has received three phone calls concerning what a monopole tower is. I explained the situation, what the purpose was, what the county was doing. They had no objection to that. I also had a call in regards to the drain~'~, in the particular area out there. If I can answer any more questions, I'd be happy, to do so. CHAIR/4AN DAVIS: Mr. Bruet? COMMISSIONER BRUET: Bryan, do you know how this' site was selected out of all the land the county owns, you know, sewage treatment plans, et cetera, et cetera? How did we wind up with one in a park, and I guess maybe Tom could address that? MR. MILK: I think I could probably help answer that. COMMISSIONER BRUET: Okay. MR. MILK: Collier County owns a number of properties throughout the county. Some of them are parks, some of them are treatment plants, some of them, by right, are in a right zoning district, like the Vineyards, and the Vineyards, that particular district allowed for telecommunications equipment and towers. There, we switched out a light pole with a monopole and then readjusted the lighting on that particular tower for the ball diamonds Page 6 !6fi DECEMBER 4, 1997 In this particular case, it's county owned property, yet it's zoned PUD for parks and associated uses. In order to provide a tower in that site, we have to go in and amend the ordinance for that particular property. MR. 14ULHERE: But 14r. Bruet's question is, why that location. MR. ~4ILK: I think -- MR. OLLIFF: I think there's two reasons and -- CHAI~4A~ DAVIS: Could you state your name for the record? MR. OLLIFF: I'm sorry. Tom Olliff, the county's Public Services Administrator. In some cases it's an issue of where the towers need to be located in terms of distance from other towers, so there are certain areas that they are looking for, and secondly, and in this particular case, parks make fairly good locations for these towers because you have existing fairly tall light poles that exist already, and generally we have enough property that there's a sufficient buffer distance-wise from most of the residential homes in the area. Just so the Planning Commission's aware, and I'm not sure that~it makes much difference in terms of the land use decision that gets made, but the revenue from these, we generally structure contract~so that the revenue stays in the park where the pole is constructed. In this particular case we're looking at some landscape enhancement and also some scholarships for the area children that are a little lower income. In some of those areas, they can participate in the summer park -- summer camp programs. CO,MI4ISSiONER BRUET: This is from the revenue generated from the leasing -- MR. OLLIFF: Yes, sir. COMMISSIONER PRIDDY: How tall is this pole in relation to the light poles that are at the park already? MR. MILK: I think the proposed tower is 150 feet. I think..the light pole's around 75, 80 feet, somewhere right in there. It's~about 70 feet taller. CHAI~4AN DAVIS: Bryan, did you mention that there, in fact, is one of these in Vineyards Park. MR. 14ILK: That's correct. I believe it currently exists at 135 feet, the existing pole, but that's located in the ball diamonds. As you drive north on 1-75, it's hard to see it, but it's there amongst the light poles and the lighting at the interchange t~ere. CHAI~4AN DAVIS: That was just the point I was gonna make. I drive by there, you know, it seems 50 times a week. I've never even noticed it. CO:4MISSIONER BRUET: And that one again is -- that's 1507 14R. 14ILK: One thirty-five at this point. COI4MISSIONER PEDONE: That's also part of a light, isn't it? MR. MILK: Yes, sir. COMMISSIONER PEDONE: But this one would be free-standing? MR. OLLIFF: Yes. CHAI~4AN DAVIS: Any other questions of staff or the petitioner? CO~4ISSIONER BRUET: Staff feels that this is sort of a compatible use with the park, tennis courts, baseball fields, no problems with safety with anchors or -- I guess this maybe woul ~d~ Page 7 DECE~BER 4, 1997 have the anchors, just sits on a footing by itself? MR. OLLIFF: Exactly and -- and because in every park you have some dead space, this is a location, frankly, where there's very little public activity at all, so we feel like it's a very compatible place to put it, and if you have to have a communication tower in the East Naples community someplace, hidden amongst the ball diamond lights is probably as good a place as you're going to find. COMMISSIONER YORK: The revenues generated from the lease payments is being put to good use, too. It's a win/win situation. C}{AI~A~: DAVIS: Yeah, it makes some sense that if -- if that's where the pole is going to be, that the monies are kept where the impact is, so it makes a lot of sense. Any other questions? Anyone else from the public that would like to speak on this petition? Seeing none, I close the public hearing. CO~ISS!ONER PRIDDY: Mr. Chairman, % move that we recommend for approval Petition CO~ISSIONER YORK: I second. CHAI~; DAVIS: Motion for recommendation of approval by Mr. Priddy, seconded b7 Mr. York. All those in favor, signify by saying aye. Opposed? (No response.) C}~I~IA~; DAVIS: Carries unanimously. Mr. Milk, while we have you here, recently we were talking about communication towers -- I~IR. MILK: Yes, sir. CHAIRMA~ DAVIS: -- and we've been reading in some of the planning journals that have been provided to us where some communities are making progress towards incorporating these into like church steeples that are quite tall and those sorts of things. How are -- I think ours is working pretty good because, unlike Charlotte County, we haven't heard a public outcry about all these ugly towers around, But just any observations, you being our resident guru of co;mnunication towers? MR. MILK: I think two things have happened. Back in 1989, we introduced the tower ordinance for Collier County. There were two franchisees at that point, Cellular One and GTE Mobil~et. Those particular vendors, at that point in time, wanted to erect the taller towers, the 285 foot self-supporting towers. Their distances between one another were approximately 12 miles, so they could actually locate in industrial areas and the agricultural areas and still service our metro area. Recently, the FCC allotted, I think, five additional PCS licenses that operate in a gigahertz electronic -- electromagnetic radiation field rather than in the megahertz field. These folks and these vendors need the smaller monopoles and they need a little bit closer radius. What we did in t~e ordinance was to allow towers in commercial areas up to a certain height, but based on a distance or setback from residential areas. I think the bio,est problem throughout the United Page 8 DECEMBER 4, 1997 States is these vendors were putting towers in folks' backyards, so to speak, and at -- I think the public had an outcry that this was aesthetically unpleasing, we need to do something about that. I think staff, back in 1989, took that into account based on existing ordinances that were out there, and something else we did too was require that each of these vendors co-locate and have additional strength for their towers so folks like the PrimeCo's and GTEs and Cellular Ones could actually share a tower site and provide additional space based on our criteria and I think that's helped very well. CHAI~N DAVIS: So in practice, the idea of requiring sharing of towers is working? MR. MILK: It's working very well. C}~I~4AN DAVIS: Good. MIR. MILK: As a matter of fact, I think staff promotes that, because we have a list of all the vendors, and when a vendor comes into to~, I'll give that list to all the vendors, the locations of the towers to all the vendors, and quite frankly, they want to co-locate because they want to be on-line that much quicker. To go out and find additional areas and to erect new towers and go through SDP processes and building permits, that takes another six months to " be on-line. Quite frankly, with the market as it is, they want to be up and running as soon as possible, so we -- we help that process by ~ initiating the co-locating and the shared use towers, whether it be monopoles or guides or self-supporting. That works very well. ~ C~IPR4AN DAVIS: Sounds like it is working very well. That's .~ great. ~4R. MILK: There is a need for a few additionals because of the ~ urban network and those -- the calling areas, and that's why we're ~ going to see a few more monopoles, but other than tha~, I think we'rei in pretty good shape with that. CHAI~4AN DAVIS: All right. Well, we appreciate that update. ~ Thanks. ~ MR. MILK: Thank you. ii CHAI~\N DAVIS: Next petition is PUD-83-1(8) . ~ Once again, I'd ask all those present that may want to speak on '{ this petition today to please stand and raise your right hand so the court reporter may swear you in. MR. NINO: Did you say 83 what? ' CO~4ISSIONER YORK: That's been continued. CHAI~4AN DAVIS: This is -- we're starting to run out of petitions and there's a lot of people in the audience. This is the one concerning Coast Communities Corporation amendment to the Berkshire Lakes PUD. Okay. So if everyone that may want to speak would stand and raise their right hand so the court reporter may swear you in. (Speakers sworn.) CHAI~4AN DAVIS: Thank you. Mr. Nino? MR. NINO: For the record, my name is Ron Nino. The petition that is under consideration is one which would have you recommending -- determining whether or not you will recommend to the County Board of Commissioners, an additional commercial type of activity to the Page 9 DECEMBER 4, 1997 Berkshire Lakes PUD. The location which would be affected by the change is that portion of the Berkshire Lakes located on the northwest corner of Santa Barbara Boulevard and Davis Boulevard, that section -- CHAI~ DAVIS: That's less the bank, Ron? MR. ~;I~;O: Yes. It's the areas outlined in red. It's about 18 -- I believe it's about 18 acres. Mike, how many acres is that? Seven acres. COM2~ISSIONER BRUET: Ron, that's the whole center? ~R. NI~.IO: The -- the bank is on the corner and the rest of the property is ~;acant. The nearest residential -- this area here is known as Countryside and there are lakes bounding the commercial tract. The nearest residential developments, as you can see, I believe w~re also in your packet, are within the -- well, three or 400 feet of the -- of the subject site. Currently, the PUD, of course, permits a rather extensive range of commercial activities at that location. I believe your executive -- your package provided a comparative analysis. The petitioner, I thought, did a very thorough job in this case, presenting the comparative impacts of what's now permitted versus what would be the impact of a personal service storage or mini warehouse facility. Relative to the question of land uses, this is a vested piece of property, so that it -- the question of whether it's commercial or not is irrelevant. 9~en we talk about commercial, of course, we talk about the full range of C-1 to C-5 activities. A personal warehouse is a C-5 activity. The fact that ~t's commercial, however, and the vested status of the location means that the petition is consistent in terms of land use with the future land use element. In terms c.f -- in terms of traffic impacts, as we've indicated in our staff report, a mini warehouse personal service facility will generate far less cars than a comparable amount of floor area in some type of retail or office activity. Again, the PUD is vested because of its -- again, because of its .~ DRI relation~hips, so we're really not concerned with the open space -- the open ~pace element, the conservation and natural resources protection element, it really is vested from all of those, even if they weren't consistent with today's standards for open space preservation and natural preservation features. Howe%er, we can assure you ~hat the Berkshire PUD does indeed meet those standards. So from the point of view of whether or not this petition is consistent with all of the elements of the growth management plan, we can say, unequivocally, that it is. That gets us down to the issue of -- from a planning point of view, irrespective of its -- its vested nature and its consistency with the growth management plan, from a planning point of view, is this a good thing to do here? Obviously, when we decided to make personal service facilities a C-5 use, we considered it to be one of the lesser uses -- the lesser attractive uses by virtue of the fact that it's in [he most intense commercial zoning district. However, there isn't anything that can't be made to look visually more pleasing than it normally -- than our history with that use shows Page 10 DECEMBER 4, 1997 that to be. This petitioner has gone to extreme lengths to make sure that a personal warehouse facility, and you all have the illustrations in your packet, will project itself to its external environment in a way that is comparable to if there were offices or other commercial facilities on that property, and in the opinion o~ staff, the -- the development conditions that have been made a part of this land use activity more than overcome the concern that it isn't attractive, that a mini warehouse isn't attractive. To that extent, we think they've done a good job. Moreover, they've gone out and met with the people in Countryside, and to my knowledge, have received the majority of concurrence from those people that this petition -- that this is a -- as structured, this is now a preferred use, and I'm going to give you a copy of a -- of a petition that I received only yesterday. Now, in your packet, you have the draft PUD amendment. It contains all those conditions and standards that -- that are far more restrictive than would be required, particularly in terms of landscaping, if this were one of the uses that are now permitted. However, your -- your -- your copy of the -- of the ordinance was changed after you received the copy, and where -- where your ordinance provides that adjacent to public rights of way, adjacent to that portion of this project that fronts on -- that has access to Davis Boulevard and access to Santa Barbara Boulevard, your copy says they will do whate~/er the Land Development Code requires. Well, since then, as a result of talking to the petitioner, they have agreed %o, indeed, go beyond ~he Land Development Code, even at the boundaries of their property, where you really can't see the development, but nonetheless, they've agreed to do that and -- and I apologize for not making copies of those additional requirements, but you might wan~ to pass that down and look at it. What i~ ~ays is that they will do more than what is currently required, namely a tree every 20 -- 30 feet. This proposal would have them doing a -- a good size tree every 25 feet, and in addition, putting in a meandering hedge line that would, again, further block the view of what's goi:%g on way in the back from a drive down Santa Barbara Bouleuard or Davis Boulevard. We recommend your approval, and Mr. Fernandez is here to give you the details of their petition. CHAIRMAr,~ DAVIS: Questions of staff? Mr. Hernandez (sic)? MR. FERNANDEZ: Good morning, commissioners. Michael Fernandez representing the petitioner. We've worked hard with the local residents of Countryside to arrive at something that we believe is a first-class development type of this form. This is not your customary mini storage, and in fact, we -- the client is not looking to put it in a traditional industrial type environment. Their --- their market, if you will, is those areas in residential communities where there's a need for storage of excess furniture or seasonal furniture or even household items or seasonal items like Christmas decorations that they may not have room for in their homes. Many people are accustomed to having basements. Well, here, they Page 11 DECEMBER 4, 1997 don't. Well, now they have the opportunity to go store it. This facility is largely air conditioned. Portions of the project are -- have -- is two stories and have elevators. That kind of speaks to the differences between this type of project and what you normally see. There is a prohibition in our -- in our standards here that prohibits any outside storage whatsoever, so there's no boats, vehicles, any of the more traditional things you do see in'yards, and there's also -- and this is a particular -- is a unique piece of property. It's a commercial piece of property that's not large enough, let's say, for a traditional shopping center that may have a grocer, a drugstore and so forth, and it also has frontage along a lake which also shares frontage with residential properties. ~at we've done to that end is we've created a site plan and a -- and a building design that is sensitive to that. There are no openings. There's no doors that access points to the residential areas or to the lake areas. We've dressed up the building, if you will, with fenestration *'' windows, roof forms and articulation to make it look more residential or even office building in character. The -- the one singular building that fronts on the lake is all one story. The other buildings have the opportunity to be one and two story buildings. We've even taken into account the phasing of the project where the initial building will be the one along the lake, and then secondarily, the -- the building that is closest to Davis and then backwards so that we're kind of building our own buffer, so that while future construction goes on -- the buildout of this is probably about a five year buildout. There's .... the services this facility is going to offer is also somewhat different. For instance, they'll have valet service, so if you have storage, when you bring it there, they -- they will record the location of your boxes and numbering and so forth and they'll be able to retrieve that and bring it to the front desk and even have it delivered to your home if that's something that you wish to do. So this is the marketplace it really wants to be. As Mr. Nino said and as we've represented, we've met with different groups of residents in Countryside, the -- the representatives of the people that live closest to us[ You have a signed petition that they came up with on their own that states that they would like to see this project the way it's been portrayed.. We've also met with the president's council, and recently we met with the master association, which representm the entire Countryside community, and our understanding is that we are going to get a letter of favorable support. The president called me yesterday and told me They did request one additional item, and as Mr. Nino said, we've also committed now to enhanced landscaping along the right of ways, which includes larger trees. In addition to the larger trees, palms interspersed between them, meandering hedge and flowering plants, kind of mimicking, in many respects, the -- the already landscape thing that's being portrayed in the Countryside community next door. Page 12 DECEMBER 4, 1997 We've now also agreed to extend that landscaping all the way across the property. Those outparcels that are shown there will also have the same kind of landscaping when they're developed as well, also adding consistency, and we have contacted the bank and our understanding is that bank is going to reopen- as a full-service facility in the near future and we are encouraging them to adopt our landscape standards so that we'd then end up with a very cohesive and enhanced corner. There was a couple other minor changes that were made to the -- to the document, and I have copies here which I'll pass out, and there's also a su~aary page that tells you what those are, but essentially it's the additional landscaping, some items of clarification, and reduction in -- and the only light pole that we'll have is in the singular public parking lot along Davis. We've reduced those -- made a stipulation that those won't exceed 16 feet, which is about half of what the county standards are, CO~4ISSIONER PRIDDY: We can pass them down. ~4R. FE~,;ANDEZ: Behind me I have a copy of a colored site plan that gives you a better graphic of how the project lays out on site. You can see, we have substantial setbacks from Santa Barbara. Our buildings are over 200 feet set back from the -- the roadway, and essentially, they'll just appear to be a secondary use in the rear. On the front on Davis Boulevard, in part, too, because there's a county drainage system that runs through the front, our buildings, again, are se5 back very far. The current PUD does allow up to five story buildings on the site and it allows J range of uses that include some C-5 uses, C-4 C-3 and C-2 and one uses. This, we feel is a -- probably a much better use than what we would probably arrive here. I think we -- we take it for granted and our consultant ~ealtor tells us that we'll end up here with outparcels. That's just because the -- of the cash end of it. They will produce the most income as far as the land parcel. The rear of ~he parcel is what's in question, what that future use would be. If this doesn't happen, probably the most conceivable use would be a small strip center, not one that would have grocers, but just a small strip center that we have examples around the county, which would put iu back to the residents and would have their service areas and also pavement and delivery areas probably t6 the rear. So we feel we've come up with a project that not only compliments the community, but also provides the upscale type of service that this facility proposes and is warranted and there's a market for in this community. The developer has hired a consultant who is nationally rencwned in this field, has done an extensive study of the market area on the number of units that are in this community within the radius and feels this is an ideal location for their development. If you have any further questions, I'd be more than happy to answer them. C}{AI~,L~3~ DAVIS: Any questions? Mike. CO~ISSICNER PEDONE: Will there be a resident manager living on site? MR. FERNANDEZ: No, there will not be. There's limited hours to Page 13 DECEMBER 4, 1997 the facility itself. C~I~3k/.; DAVIS: Any other questions? CO~ISSIONER BRUET: Michael, have they done this elsewhere? This is not a pilot project, this concept, has it been done elsewhere? ~<R. FERN~;DEZ: Yes, it has been done elsewhere. Not by this particular developer, but it has been done by our consultant that's designed them successfully in other communities and it's been very well received. CHAIPd~A~; DAVIS: Anyone else? Thank you, Hr. Fernandez. Is there anyone else here today that would like to speak on this petition? If so, please come forward and state your name f~r the record and -- MR. WOOD: I~orning, Commissioners. My name is Doug Wood. I'm an attorney with Siesky, Pilon and Wood. I represent the Falling Waters Development Corporation which is the developer of Falling Waters. Falling Waters is located just south of Countryside right across from Davis Boulevard. For the most part, it's right across the street from where this proposed mini storage is to go. My clients are opposed to the mini storage for a couple reasons. One, there's been talk that wi~h the landscaping, that it won't be an eyesore, but my clients are fearful that eventually dow~n the road, it will be. I think the bigger concern is, as Mr. Nino addresses, there won't be the amount of traffic that there would be if there was other commercial activities in there, but I think the commission needs to consider what type of traffic a facility like this is going to bring in. Even if it reduces traffic, the traffic you're looking at bringing in is the heavier traffic, heavier trucks, moving trucks, trailers. I don't think that's consistent with the surrounding area. We acknowledge that it's, you know, that it's within the cou~ercial activity center. It is C-5 and I don't think it is consistent with '~;hat the county's done in the past. There may be some exceptions for mini storage facilities, but I think if you look, the majority of the mini storage facilities in the county are located within the two industrial parks, the one on Pine Ridge and the one off Radio Road, and I think there's a reason for that, and one of it is the type of traffic a facility like this would bring in. There are numerous residential facilities located within the near vicinity, not only Countryside, who it may visually effect the most, but certainly my client, Falling Waters, Naples Heritage, Embassy Woods. The type of traffic that this would bring in, I think, would have a negative ~mpact on those residential communities, and therefore, we would can request that the commission deny the petition. CHAIRMAn.; DAVIS: Thank you. Yes, sir? MR. FESTA: Good morning. Dominick Festa from Countryside. I'm a member on the master board and I represent Countryside Condos, which is the closest to the proposed project. We met on Tuesday, the master board, and after -- I probably spent 12 hours on this whole concept, studying the new -- I think the code that -- you can help me, came out in October, the new code on landscaping and architectural guidelines and I scrutinized those and the permitted uses and I looked at what they're planning here for us Page 14 DECEMBER 4, 1997 and they've gone dramatically above and beyond that, and we did agree unanimously on Tuesday to support the petition. Basically, many of the residents who live in Countryside will be looking at that area, and when you look up there at Winn Dixie, we're not totally happy with that, and even if the guidelines were followed 100 percent and any of those uses were put to reality, we felt that we're in better stead here, Countryside, also East Naples. I also think Falling Waters and the rest of the community. Nov;, also very, it was very timely, I'll pass it on to you, there's an article in the Wall Street Journal that talked about these personal storages coming up in very affluent areas, Lake Forest, Illinois and Arlington, Virginia and also, I think, Charlotte, North Carolina, and you go by these places, you think you're going by homes, they're beautiful buildings, so if it's okay, I'd like to give you a copy of this article. So I think Collier County would be -- gain by this petition and I hope you folks approve it. CHAI~dAN DAVIS: Thank you. Additional speakers on this petition? ~4R. OVIITGTO~;: My name is Richard Ovington. I'm a president of Countryside Condo II association and also on the board of directors of the Countryside Condos I to V, which is the area that's most contiguous to this particular development. In fact, my building, Building Number 2, is the closest building, and Building Number 1 would be the next. We're in the north end of this development, and we've met on numerous occasions with Mr. Hernandez (sic) and the developers, and as Mr. Festa has pointed out, we've compared this piece of property to Winn Dixie which opened this summer and which we are not happy with, and after looking at this particular development and talking with the developers, we feel that it's a type of project that we could live with and that will enhance our property values rather than lower them. As you read the article in the Wall Street Journal, it's funny that it did come out yesterday, but it makes the point that we're trying to make. We will not see any vehicular traffic from Countryside. We will not have evenin~ hours and lights above the buildings as they have up at the Winn Dixie end of Countryside. We will -- we will ~ave a landscape design that's far in excess of the standards required by the county, and all the people Are -- our 11 directors that are on site and the people we have spoken to, support this development at this time and we wish this zoning commission to take into consideration our concern. Thank you very much. CHAIRMA~ DAVIS: Thank you. Any additional speakers? Seeing none, I'll close the public hearing. COMMISSIONER YORK: I have a question for Mr. Fernandez. One of the things that concerns me about this, Mr. Fernandez, is that so often we see these mini storage facilities that are used for storage of lawn mowers and that kind of stuff from lawn maintenance people. They -- they really operate their business out of them. Are you going to disallow that kind of use? MR. FERNANDEZ: Yes. There's -- there's language in here that prohibits commercial use of the property, in other words, of the Page 15 DECEMBER 4, 1997 individual units. There's no signage allowed, no use, as your standpoint. From the developer's standpoint, there's prohibition of liquids being housed in the individual units because of concerns with flammability or dampness or wetness going from one unit to the next, so that the intent is not to have anything like that occur at this place. It's an upscale facility, like I said. It's mostly air conditioned, it's -- some of it's two stories, and again, we're trying to appeal to a certain clientele. This is unlike any other uses, any other type facility that we have in the county today, and what we want to be is amongst %he residential areas because those are our primary clients, and maybe we've been remiss. We haven't made the opportunity to meet with the -- the Waterside (sic) people and as I -- the gentleman left, I assured him that we'd love to do that, because as we've been able to show the project, we've found that it's been embraced by the people we've shown it to. C~I~AN DAVIS: Thank you, Mr. Fernandez. CO~4ISSIONEE 9~RAGE: I have one -- one question. This is not an assisted storage? In other words, I can still go in there, for example, as a tenant, by myself during open hours? When I say assisted, what I'm familiar with in an upscale where you could not even go to your own locker unless someone went with you to see what you put in and took out. MR. FE~.J~DEZ: That's right. It is not an assisted one. You can -- it's a service that's provided, but it's not one that you have to take part in, but there are limited hours of operation, so you'll CO~ISSIONER WRAGE: So it's still going to be difficult to limit the lawn mower type commercial activities that we're talking about? MR. ~ULHERE: One thing I might want to add, although there are some places where that's permitted, in general, by today's standards, I think that's prohibited by the building codes. You know, the type of construction for occupancy for a commercial business, they'd have to come in and get a commercial occupancy license. Now, I'm not saying that people aren't doing it illegally, but I think it is prohibited by the building code. CHAIP3~3~ DAVIS: Yeah, we do -- we do see some of that, particularly in [he industrial park where there's som~ of the mini storages where they, in fact, are being utilized for the operation of a business. COM/~ISSIONER PRIDDY: I think the -- the market price is going to dictate it not be used for -- for some of those -- MR. NINO: You might want to look at page 55 of Mr. Fernandez's handout, proposed amendment to 50309. This reinforces what Mr. Mulhere just said. This provides us with additional ammunition to make sure that we don't give a zoning certificate to anybody to operate under -- out of any of those cubicles. It says individual businesses within the personal self storage center are prohibited. Commercial transactions within or from the personal storage units is prohibited. Signs which identify or link storage units -- commercial uses -- you know, none of that language is in our current land Page 16 DECEMBER 4, 1997 development code and that simply gives us another tool. CHAI~4;d; DAVIS: It strikes me, gentlemen, that -- and the residents pointed it out, having observed the construction of the recent Winn Dixie shopping center, which I'm sure is built to code, I think that snuck in a little bit ahead of the architectural standards and it sits there probably 75 percent empty, and here's an opportunity where the -- the citizens have worked with the developer and worked out something really first class so, you know, I applaud all of them and appreciate them all showing up here today to show their support. With that, is there a motion or comment? CO~/~ISSIONER BRUET: No, I just wanted to comment, I like the idea too. It picks up certainly a level of commercial use here that's been very ragged over the years, so it's an excellent step. CO~ISSIOHER PRIDDY: Mr. Chairman, I would move -- recommend that -- my motion is that we recommend for approval, PUD-83-1(8). CO~ISSIO~.;EE 9~RAGE: Second. C}~I~; DAVIS: ~4otion for recommendation of approval by Mr. Priddy, seconded by ~4r. Wrage. Discussion on the motion? ~ CO~MISSIONER BRUET: I've got one. Ron, all of the architectural guidelines, I mean, all of the documents here, of course, are part of this -- ~R. ~;IHO: Yes, you may see -- CO~/~ISSIONER BRUET: I see it's referred to, so we're covered well with architectural standards, right? CHAI~\~ DAVIS: There was even references to the specific drawings tha~ ~4r. Fernandez brought, so it seems like a pretty safe package to me. CO~ISSIO~;ER BRUET: It does. CHAI~.~ DAVIS: Any other discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAIrmAN DAVIS: Carries unanimously. Thank you all for coming today. (Applause.) CHAI~3~N DAVIS: If I could ask you if -- if you're leaving, please do so. not that we don't want you to stay, you're welcome to, but we have to hear about affordable housing now, and thanks again fo? coming. Mr. Mihalic? MR. ~IHALIC~ Good morning, commissioners. For the record, my name's Greg ~.~ihalic. I'm Director of Housing and Urban Improvement for Collier County and I got some -- some calls from some planning commissioners, I just heard another comment that they don't quite know what's going on here, so let me try to simplify it a little bit and say that Sadd!ebrook Village PUD is an affordable housing development that was approved by the board in 1991. It had -- it has not been built and so it came up for the Sunsetting provisions in 1997 that considered Sunse[ting this PUD. I put the ~ninutes of the board meeting in your packets so you Page 17 DECE~4BER 4, 1997 could see what the board had said about that, but one of the provisions was that a new affordable housing agreement, an updated affordable housing density bonus agreement had to be negotiated with the owner of the property to be able to bring this into compliance, and -- and the reason that you do that is because the definition of affordable housing has changed dramatically over the years. You'll notice that this development in 1991 was setting aside 30 percent of %he units at 80 percent of median income, and at those standards, some of those renters with large families could make $55,000 a year and live in those units. Well, that's not what we have as affordable housing today. Just preceding this time, they had agreements that said you had to have a certain percentage of people at 120 percent of median income. That would end up being people who made $80,000 a year living in affordable housing, and we do have several of those developments in town. So the definition of affordable housing has changed over the years and now we have certain minimum requirements at this time, and those requirements are that at least 20 percent of all the units in the development have to be for very low income residents, families, and those are families that make less than 50 percent of the median income of Collier County, and the median income of Collier County now is $51,300 for a family of four. So we have this b~g spread, and I've talked about this before with you. that the median income is at $51,300, but the average wages are at $23,000, so we have most of the working people of Collier County that qualify for affordable housing. So one of the -- one of the criteria that we analyze for our recommendation is that at least 20 percent of all the units in the developments are for very low income people, and the second one has really come from negotiation with the Board of County Commissioners, and that is that any density bonus that is granted will be completely covered by affordable units. So in ~his [~articular case, when they originally brought forward ~his PUD, there were seven base density units and 13 to~al units of density per acre~ so the density bonus was six units an acre, so then at least si×-thirteenths of this development must be affordable housing for families that make either that 50 percent median income or 60 percent of median income, which is our definition for low income, and this de'.'eloper meets that. ' He is settinq aside 46 percent of all the units in this development for affordable housing, so he meets those minimum criteria. In the memorandum that I sent to you, I mentioned that this affordable housing density bonus agreement was from a contract purchaser and that concerned me a little bit and I felt that the owner should be on line here and the owner should be recording this against the property as his density bonus agreement. A density bonus agreement really runs with the land and not with the owner of the property at any particular time and the attorney for the developer has now agreed ~o that and there will be a change where the trustee's name, Mr. Colosimo, will be added to the application, and in Section 17 where it talks about phasing in the affordable housing density bonus agreement, there's a statement that says that this agreement is Page 18 DECEMBER 4, 1997 null and void if this developer does not close on Phase I or Phase of this parcel. That will be eliminated so that it will run with the land. Mow, the developer is doing this so he can get an extension on his PUD to, I believe it's September of 1998 -- on October 30th of 1998 and so he must -- must do something before that time or he'll be back in front of the board under the Sunset provisions. I -- I'm open to answer any questions. COMMISSIONER PEDONE: 9~ere is this located? MR. ~4I}~LIC: This is located, at the intersection of Radio and Davis Boulevard on the north side. ~42q. NIl;O: Near the Woodlands bowling alley? COM]4ISSIONER PEDONE: Another affordable housing for East Naples? MR. ~I}{ALIC: Yes, sir. COMI4ISSIO~;ER WRAGE: ?~o owns the property? MR. ~4I}{ALIC: I just passed out a list of the beneficial owners and you'll notice there's over 50 of them who have an interest in this property. CHAI~N DAVIS: ~4iss Student? ~4S. STUDENT: ~4r. Chairman, I just need to enter some items for the record and -- pursuant to our code, when we have an agreement that is a new agreement but there was one that preceded it, it has to be advertised, according to the provisions for development agreements in our local ordinance, and that requires the agent for the property owner to do [hat and also publish it, and I have a letter from Mr. Anderson's office with the affidavit of publication, as well as the return receipt cards from the letter notification of surrounding property owners that I need to enter for the record, and I'll give those to the court reporter. CHAIRMAN DAVIS: Thank you. Any questions of ~4r. Mihalic? Anyone else here that would like to speak on this petition? Mr. MR. ANDERS©~.;: Only to answer any questions that you may have. For the record, and I was not sworn, my name's -- ~4S. STUDENT: You don't have to be. MR. ANDERSON: My name is Bruce Anderson. I'll be happy to answer any quest<ons that -- if anybody has any concerns about this item. CHAIP243%N DAVIS: All right. Is there any questions of Mr. Anderson? Seeing none, anyone else from the public that would like to speak on -- it's not a petition, I guess, on this issue? All right. I'll close the -- well, we didn't have a public hearing, so I have nothing to close. The action -- the action that you're requesting of us, Mr. Mihalic, is what, to recommend that this be forwarded to the board? MR. ~IHALIC: I believe so, but I really need some help from counsel on that. What action would you like -- MS. STUDENT: That would be a recommendation. CHAI~4AN DAVIS: Just simply forward it -- COMMISSIONER YORK: What are we doing? We're extending -- Page 19 DEC~{BER 4, 1997 MS. STUDENT: I beg your pardon? COKMISSIONER YORK: We're extending the time frame? MS. STUDENT: No, this is an agreement only. The board has the authority to extend the time frame, and in fact, they did, but it was contingent upon a new affordable housing agreement being done and this is to meet that contingency. CHAIrmAN DAVIS: So all we're doing -- the extension has been granted. All we're -- MS. STUDENT: All you're doing is recon~nending an approval of the new agreement to the board. CHAI~XN DAVIS: Simply? MS. STUDENT: Simply. That's it. CHAI~3C4 DAVIS: Okay. ~4S. STUD~,;T: No rezoning action whatsoever. CO~ISSIONER PRIDDY: So moved, C}~I~.! DAVIS: Is there a second to Mr. Priddy's motion? CO~ISSIONER YORK: I'll second it. C}~I~AN DAVIS: Motion to forward this agreement to the Board of County Commissioners by Mr. Priddy, seconded by Mr. York. Discussion? All those in favor, signify by saying aye. Opposed? (No response.) CHAI~3kN DAVIS: That carries unanimously. ~. ~IHALIC: Thank you, commissioners. CHAIRM;~N DAVIS: Thank you, and with that, we are done and hereby adjourned. CO~MISSIONER PEDONE: ~en is our next meeting? CHAIrmAN DAVIS: Eighteenth. December 18th. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:32 a.m. COLLIER COUNTY PLANNING COMMISSION MICHAEL A. DAVIS, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Heather L. Casassa Page 20 M~O~ Date: To: From: Re: January 29, 1998 Joyce Houran, Grants Coordinator Collier County Sheriff's Office Jody S. Kuehne, Minutes & Records Item ~16H1, BCC meeting date: 1/27/98 Enclosed please find two original documents as referenced above that were approved by the BCC on Tuesday, January 27, 1998. Please return one executed orignial to Minutes and Records for our files. If you have any questions, call me at 774-8406. Thank you, Enclosure Preventio,~ of Do,,~estic and Sexual Fiolence Section, Department of Coramuni.ty ,4flairs Signature Page Contract Number: By: In witness whereof, the parties affirm they each have read and a~ree to conditions set forth in this agreement, have read and understand the aereement in it~entirety and have executed this agreement by their duly authorized officers o~ the date, month and year set out below. Correction.r including strikeovers, whiteouts, etc.. on this pa e are .. . ...... .~ not acceptable. State of Florida Prevention of Domestic and Sexual Violence Section Department of Community Affairs Type Name and Title: Rosa Morgan. Chiefofthe Bureau of Communi~ Assistance Date: Type Name and Title: Barbara 13. Subgrant Recipient Authorizing Officer 13erry, Chairwoman, Collier County Commission DaI¢: January 27, 1998 FEID hiumber: By: I Type Name and TTiTe: 59-6000-558 Implementing Entity Officer, Administrator or Designated Representative (i f different from above) Date:i, Don Hunter, Sheriff DWIGHT E,'., BROCK,, CL'ER~ January 14, 1998 Secun. II. 19 Prcventlo,t tg'D,,mestic attd &:rttal Violence Section, Department of Communim. Affairs EEO Certification Letter - Subgrant Recipient Shelia llankins-Jarrett. Planning Manager Prevention of Domestic & Sexual Violence Section Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee. Florida 32309-2100 RE: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant ; Recipient Dear Ms. Hankins-Jan'ett:, I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act u/1968 as amended, that I have read the Act criteria set lbrth in the Subgrant Application Package lnstrllctJoul. I tmdcrstand that il'the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that thc subgranl recipient.., l Initial one of the following): X Does meet Act Criteria and does have a current EEO Program Plan . Does meet Act Criteria and does not have a current EEO Program Plan Does not meet Act Criteria. I further affirm that il' the recipient meet., the Act criteria and does not have a current written EEO Program. :cderal law rcqmrcs it tt~ formulate, itnplcment, and maintain such a program within I20 duys after a subgrant apglication for federal assi';lance is approved or I:ace loss of federal funds. Requires signature of amhcrized official: q'yp~,~am¢,....., ~/~and Title:. _Barbara B. Berry, Cha£ruoman By:(~',~%v'Q~. ~~~ Date: January 27, 1998 To meet Act criteria, a subgrantce must meet all three o£the following conditions: 1. Employs filly (50) or more employees; and 2. Receives federal funds of at least $25,000; and 3...,'. ;' :dlas a service population with a tninority representation of three (3) percent or more. All'EST: . .. DWIGH.T.l'~mc[g:Cgi~ra~nK'J6~h:ganization: Collier County Co~mission · , ~t C~ty At~oy EEO Cemficatton Letter