Backup Documents 12/09/1997 RDec~mher 9, 1997
COLLIER COUNTY
BOARD OF C(X]NTY COMMISSI~
ASENDA
December 9, 1997
9:00 A.M
)T.T. PERSONS WISHIN~ TO SPEAK ON ANY AGENDA ITEM MUST
PRIOR TO SPF2LKIN~.
~S TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MIIST BE ~ IN WRITING WITH EKPLANATION TO THE COUNTY
AII[n~IS?I~ATOR AT T.F3LST 13 DAYS PItIOR TO T[{E DAT~ OF TH~ ~II~G AND
WILL BE HEARD UNDER 'PUBLIC PETITIONS'.
ANY PERSCH~ WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WIT.T. ~ A
RECORD OF T~R PROCEEDINGS ~ THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE _PROCRR~S IS MADE, N~IICH RECO~
BASED.
/~r.r. RI~GI~~ PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOIl THg ~ IMPAII~r~ ARE AVAILABLE IN
THE COUNT/ CC~9[ISSIONERS' OFFICE.
LUNCH RECESS SCIIEDUT.~ FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION - Rev. Harold Brown, Lely Presbyterian Church
2. PLEDGE OF ~T,r.~GIANCE
3. APPROVAL OFAGENI~ANDCC~SENTAGENDA
AiH)r~~d/orAdo~tedwlth clmnges 5/0
4. APPROVAL OF MINUTES
A~pr~ed as Presented 5/0
1) Elizabeth Gaw - Library - 20 years
2) Helen Ortega - EMS - 15 years
Page 1
Dec,her 9, 1997
1)
Presentation to announce the Collier County Museum's program of
events for 1998 in honor of Collier County's 75th anniversary
celebration.
Presented
2)
Recommendation to recognize Edward Torroni, Assistant to the
Athletic Supervisor, Parks and Recreation Department, Public
Services Division, as Employee of the Year for 1997.
Presented
6. APPROVAL OF CLERK'S REPORT
e
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
1)
2)
Status of Board of County Commissioners' action pursuant to
sunsetting provisions (Section 2.7.3.4) of the Collier County
Land Development Code relative to the Saddlebrook Village PUD
(Ordinance 91-55) and companion affordable housing density
bonus agreement and to affirm or repeal Resolution 91-55.
Res. 97-453 - AdoDted as ~ 5/0
A Resolution of the Board of County Commissioners authorizing a
new agreement for affordable housing density bonus and imposing
covenants and restrictions on real property.
Res. 97-452 - Adopted as a~ex~%e~ 4/1 (C(~maissfoner Constantine
Consideration of an Agreement between Collier County and the
City of Naples that provides for appropriate modifications to
the Golden Gate Boulevard Improvement Project which are
necessary to accommodate the City of Naples raw water main.
Approved - 5/0
PUBLIC SERVICES
SUPPORT SERVICES
Request for board to adopt the accompanying resolution opposing
House Bill 3185, relating to certain ratemaking provisions of
Page 2
December 9, 1997
investor-owned water and wastewater utility systems, before the
1998 regular session of the Legislature (staff's request).
Res. 97-454 - Adopted 5/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
ae
Recommendation to consider and approve settlement of Rookery
Bay Utility Co. v. Collier County, Case No. 96-1-CIV-FTM-23D,
United States District Court for the Middle District of
Florida.
Ap~rovedw/chan~es 5/0
10. BOARD OF COO]FrY Cf~m~ISSI0~ERS
Appointment of member to the County Government Productivity
Committee.
Res. 97-455 appointing William EbbenAdopted 5/0
B.
Discussion for a joint Lee/Collier meeting with the Army Corps
of Engineers on December 17th to discuss the proposed study
(Commissioner Hancock).
Meeting to be held December 17, 1997 at 9:00 A.M. - 5/0
11. OTHER CONSTI~I~ OFFICIOS
PUBLIC COMMENT~~ TOPICS
PUBLIC HEARINGS WIT.T. BE HEARD II~I~D~Y FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC ~ - BCC
A. C0k~~SIVE PLAN AI~4~qTS
1)
Petition PUD-82-6(3), Granite Development, L.C., requesting an
amendment to the Sabal Lake PUD (Ordinance 82-41, as amended)
for the purpose of modifying Section 4.5 pertaining to setbacks
and in particular separation between principal and accessory
structures for property located on Radio Road (C.R. 856)
approximately ~ mile east of Santa Barbara Boulevard in Sec. 4,
T50S, R26E.
Ord. 97-78 Ac~ted 5/0
2)
Petition PUD-93-1(3), George L. Varnadoe of Young, van
Assenderp and Varnadoe, P.A., representing WCI Communities,
L.P., for a rezone from "PUD' Planned Unit Development to 'PUD"
Planned Unit Development having the effect of amending the
Page 3
3)
2)
3)
Dec-tuber 9, 1997
Pelican Marsh PUD, Ordinance No. 95-4, for the purpose of
redefining the development strategy and master plan for that
portion of Pelican Marsh lying east of Airport-Pulling Road
(C.R. 31) and the area of Vanderbilt Beach Road/Goodlette-Frank
Road intersection for a 4.70 "CF" parcel which will result in
a reduction to the numDer of dwelling units authorized from
5,600 to 5,100 dwelling units while revising the authorized
amount of commercial development by decreasing retail and
office space and increasing hotel space as well as providing
for a new Master Plan illustrating a 27 hole golf course and
increased open space in that part of the Pelican Marsh
Community lying east of Airport-Pulling Road (CR. 31) and
designating a 4.7 acre parcel of land at the southeast corner
of Vanderbilt Beach Road/Goodlette-Frank Road (C.R. 851) for a
community facility type of land use, and a boundary change on
the western most parcel, having the effect of deleting 3.4
acres from the Pelican Marsh Community for property located
immediately north of and contiguous to Vanderbilt Beach Road
(C.R. 901) from Airport-Pulling Road (C.R. 31) to U.S. 41 North
in Secs. 25, 27, 34, 35 and 36, T48S, R26E, consisting of 2,072
acres. (Companion to Agenda Item 12C.2 and 12C.3)
Ord. 97-79 Adopted 5/0
Petition PUD-97-13, Michael R. Fernandez, AICP, of Planning
Development Incorporated representing Anthony J. Hartig
requesting a rezone from 'A' Rural Agricultural to 'PUD'
Planned Unit Development for a mixed use project that
establishes two tracts, Tracts "A' (1.82 acres) and 'B' (6.94
acres) for medical and related uses on Tract "A' and medical
and related uses or public facilities and institutional uses or
42 mixed residential dwelling units on Tract 'B" for property
fronting on the south side of Immokalee Road (C.R. 846) lying
approximately 300 feet west of Veterans Park Drive in Sec. 26,
T48S, R25E, consisting of 8.76 acres, more or less.
Ord. 97-80 Adopted w/changes 4/1 (Co~nissioner Mac'Kie opposed)
An Ordinance amending Collier County Ordinance 95-22 which
establishes the Immokalee Enterprise Zone Development Agency.
ord. 97-81 Adopted 5/0
A resolution of the Board of County Commissioners determining
that revisions to the Pelican Marsh Development Order do/do not
constitute a substantial deviation requiring further
Development of Regional Impact review. (Companion to Agenda
Item 12B.2 and 12C.3)
Res. 97-456 determining that changes do not constitute a
substantial deviation - Adopted 5/0
Petition DOA-97-4, George L. Varnadoe of Young, van Assenderp
Page 4
December 9, 1997
and Varnadoe, P.A., representing WCI Communities, L.P., for an
amendment to the Pelican Marsh Development Order 95-1, as
amended by Development Order 95-5, Resolution 95-555, for the
purpose of redefining the development strategy and Master Plan
for that portion of Pelican Marsh lying east of Airport-Pulling
Road (C.R. 31) and the area of Vanderbilt Beach Road/Goodlette-
Frank Road intersection for a 4.70 "CF' parcel, which will
result in a reduction to the number of dwelling units
authorized from 5,600 to 5,100 dwelling units while revising
the authorized amount of commercial development by decreasing
retail and office space and increasing hotel space as well as
providing for a new Master Plan illustrating a 27 hole golf
course and increased open space in that part of the Pelican
Marsh Community lying east of Airport-Pulling Road and
designating a 4.7 acre parcel of land at the southeast corner
of Vanderbilt Beach Road/Goodlette-Frank Road for a community
facility type of land use and a boundary change on the western
most parcel having the effect of deleting 3.4 acres from the
Pelican Marsh Community for property located immediately north
of and contiguous to Vanderbilt Beach Road (C.R. 901) from
Airport-Pulling Road (C.R. 31) to U.S. 41 North in Secs. 25,
27, 34, 35 and 36, T48S, R26E, consisting of 2,072 acres.
(Companion to Agenda Item 12B.2 and 12C.2)
Develolmaent Order 97-4/Res. 97-457 Adopted w/changes 5/0
13. BOARD OF ZONING APPEALS
A. AI~4~TISED PUBLIC HEARINGS
1) Petition 0SP-97-3, William L. Hoover, AICP, of Hoover Planning
Shoppe representing James S. Lindsay, Bank Director of First
National Bank of Naples - Golden Gate Branch, requesting
approval of off-site parking and a bank ATM for property
described as Lots 31 and 32, Block 84, Golden Gate Unit 3 (less
the easterly 40 feet of Lot 31) to serve the existing business
located on Lots 1-3, Block 84, Golden Gate Unit 3, which
business is located at 4794 Golden Gate Parkway, Sec. 28, T49S,
R26E, lying south and west of U.S. 41.
Res. 97-458 Adopted 5/0
2) Petition CU-97-17, Beau Keene, P.E., representing Jerry R.
Hooks and Catherine J. Boyette requesting Conditional Use "23"
of the "A" Zoning District for a sporting and recreational camp
including airboat tours for property described as that part of
Sec. 36, T51S, R27E, lying south and west of U.S. 41,
consisting of 194+/- acres.
Res. 97-459 Adopted w/chAnges 4/1 (Co-~4ssioner Mac'Kie
opposed)
3) Petition V-97-13, Dennis Cronin of Bond, Schoeneck & King,
P.A., representing W. Franklin & Carol B. Ellis requesting an
Page 5
Deces~ber 9, 1997
4)
5)
after-the-fact variance of 2.39 feet from the re~ired side
yard setback of 7.5 feet to 5.11 feet for an existing pool
screen enclosure located at 710 Hollybriar Lane in Pelican Bay.
Res. 97-460 Adopted 5/0
Petition V-97-10, Mr. Kelly Huff requesting an after-the-fact
variance of 10 feet 5 inches from the required 30 foot side
yard setback to 19 feet 7 inches for property located on the
north side of llth Avenue S.W., further described as the east
180 feet of Tract 53, Unit 26, Golden Gate Estates Subdivision
in Sec. 15, T49S, R26E.
Res. 97-461 Adopted 3/2 (Co~--{ssioners Norris and Hancock
op~posed) o
Petition V-97-12, Alfred W. French representing Seacrest
Country Day School requesting a 6 foot height variance from the
required 30 foot maximum height limit in the Estates Zoning
District for property located on the south side of Davis
Boulevard and opposite Berkshire Lakes in Sec. 8, TS0S, R26E.
Res. 97-462 Adopted 5/0
14. STAFF'S COHMUNI~TI~S
15. BOARD OF COUNTY CC~OfISSI~' CG~4MUNICATIONS
16. CONSENT AGENDA - All matters lfsted 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.
At~Proved~nd/orAdoptedw/changes - 5/0
2)
Recommendation to grant final acceptance of the roadway,
drainage,water and sewer improvements for the final plat of
'Stella Maris".
Res. 97-451
Recommendation that the Board of County Commissioners approve a
permit fee waiver for a special event benefiting the Boy Scouts
of America Troop 274.
Authorize staff to reject the response from RFP 97-2724
('Financial Audit/Solid Waste Collection Service Contractors")
and re-bid using different specifications.
Page 6
Dec~mher 9, 1997
2)
3)
4)
5)
6)
Award a Construction Contract to the Master's Group, Inc. for
Cocohatchee East & West AMIL Gates Repair and Rehabilitation,
Bid No. 97-2752.
In the ,mount of $61,930.00
Approve a Developer Contribution Agreement between Collier
County and Centex Homes, Inc. for road impact fee credits in
return for the developer accepr, ing stormwater runoff from the
Goodlette-Frank Road Four-Lane Project from Pine Ridge Road to
Vanderbilt Beach Road (C.I.E. 065).
Award a Contract for Max Hasse Community Park Basketball
Pavilion Bid 97-2730.
Awarded to Taylor P~n~ing, Inc. in the amount of $119,490.00
Ratify and approve a one year extension to Contract 95-2388,
Material Testing Services.
One year renewals for Ar da man&Assoc.; Law Engineering; and
Universal Engineering Services, Inc.
Award Bid No. 97-2743 to Horticultural Industries, Inc. for
Davis Boulevard Phase 1 Median Irrigation and Landscaping
Improvements (U.S. 41 to Airport-Pulling Road).
In the amount of $333,500.00
PUBLIC SERVI~
SUP~SERVICES
Approval of an Agreement between Collier County Government and
Insurance and Risk Management Services, Inc. for Property and
Casualty Insurance Brokerage Services.
Approval of the attached budget amendment recognizing funds
received from cable franchise renewals.
BOARD OF COUNTY~SSIONERS
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED.
COUNTY ATTORNEY
Recommendation that the Board approve the Agreement in the
lawsuit entitled Collier County vs. Community Development
Page 7
December 9, 1997
Corporation of Southwest Florida - Hickor~ Bay West, et al. And
to authorize the Chairman to execute the Agreement and all
necessar~ documents 9ertaining thereto.
j. A/~mORT AUTHORITY
17. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
Page 8
Nq)Lfl Det Ly ~
NmpLes, FL 339&0
REFERENCE: 001234) ~?0~237
5760~&$5 NOT%CE OF ~IC REE
St&re of
Co~ty of CoLLier
B~fore the unders~gn~l ~t~tty, ~r~LLv
the ~sstst~t Co--rite S~Keter~ ~ the
Cot~ter ~ty, Ftort~: t~t t~ ittlc~
Mft~t /u~t~r ~ t~ t~ ~td ~te~ OatLy
H~ ts a ~r ~Lt~ et ~tez, tn
~r ~s ~ret~e ~ ~tt~Ly
~ttter ~, FL~t~, f~ I ~t~ ~ I ~r
~xt pr~t~ t~ ftrmt ~Lt~t~ ~ ~
furt~r ~s ~t ~ ~l ~tt~ ~td ~
~e ~ ~rt~ thtm ~e~t~t f~
PUSLXSHED Off: 12/07
SPACE: 52.000 iNCH
FZLED Ol(: 12/0~/97
$t~r~ture of Affiant '
S~rn to ~ ~crt~ ~fore ~ tht~ ~'~'
Feb~m~/f9. 2000
FAiN ~
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
DECEMBER 9, 1997
3
do/): ITEM StEItl} - RE~2UEST FOR BOAlW TO ADOPT THE ACCOMPANYING
RF. SOLI]TION OPPOSING HOUSE BILL 3185, RELATING TO CERTAIN RATEMAKING
PRO~TStONS O~ mv~SrOR. O~ED WATER A~D WASrEWATE~ Vr~Lrrr
srsrrMs, ~ro~ur THE 1~9S ~GVLAR SrSSION Or TH~ L£GISLArVRE (stAff's
dlDD: ITEM I0 lB} - DISCUSSION FOR A $OINT LEF./CO~IER MEETING WITH THE
ARMY CORPS OF ENGINEERS ON DECEMBER 17TM TO DISCUSS THE PROPOSED
STUDY. (COMMI~IONERHANCOCIO.
RESOLUTION NO. 97-453
A RESOLUTION AMENDING THE STIP~TIONS
SECTION OF RESOLUTION 97-55 FOR PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA, TO CORRECT A SCRIVENEER'S ERROR IN
THE SADDLEBROOK V~LLAGE PUD SUNSETTING
RESOLUTION STIPULATIONS SECTION.
WHEREAS, the Collier County Board of Commissioners adopted
Resolution 97-55, pertaining to Saddlebrook Village PUD relative to an
action under Section 2.7.3.4 of the Land Development Code on January 21,
1997, and
WHEREAS, following said action adopting Resolution 97-55, it was
determined that a stipulation had been omitted from said Resolution and
constitutes a Scrivener's Error.
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners
of Collier County, Florida that the stipulation portion of Resolution 97-
55, is hereby amended, by adding the omitted stipulation to read as
follows:
1.
The above recitals are adopted herein by reference as if
fully set forth herein.
This Resolution shall constitute evidence of compliance
with the review requirements of Section 2.7.3.4 of the LDC.
Pursuant to said section of the I/DC, the current PUD
approval is hereby extended to October 30, 1998; at the
end of which time the owner shall submit to the
procedures in LDC Section 2.7.3.4.
The 9~ension of the PUD approval UP~ Qc~ober 30, 1998
is contingent upon the approval kY ~b9 ~oard of County
Commissioners of a new affordable housing density bonus
a~reement between said Board and C~-~nsinqton, b.TD a Florida
LTD Partnership/Colonial E~uities, Inc. Should that A~reem~n~
fail. then the Board of Zonin~ Appeals reserves the right
to reconsider the extension of the herein referenced PUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~ day of ~Qt~~ , 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY =
TIMOTHY '~'. HANCOCK, Chairman
Sufficiency:
8
RESOLUTION NO. 97
A RESOLI~flON O1~ THE BOARD O~ COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA AUTHORIZING A NEW AGREEMENT
FOR AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING
COVENANTS AND RESTRICTIONS ON REAL PROPERTY.
WHEREAS, Collier County has recognized and attempted to address thc lack of adequate
and affordable housing for Iow and very low income households in Collier County and the need
for creative and innovative programs to assist thc provision of such housing by including several
l~oviaions in thc Collier County Growth Management Plan, including Objective 1.4, Policy
1,4.1; Objective 1.5, Policy 1.5.2, Policy 1.5.3, Policy 1.5.4, Policy 1.5.5, Policy 1.5.6;
Objective 1.6, Policy 1.6.3; Objective 2.1, Policy 2.1.1, Policy 2.1.2, Policy 2.1.3, Policy
2.1.5, and Policy 2.1.6 of the Housing Element; and
WHERf_,AS, Collier County Ordinance No. 90-89, the Collier County Affordable
Housing Density Bonus Ordinance provides for bonuses in density for ownership and rental
affordable housing; and
WHEREAS, thc Saddlebrook Village PUD Ordinance 91-55 adopted on .Iune 25, 1991
is subject to thc provisions of the Agreemcm Authorizing Affordable Housing Density Bonus and
Imposing Covenants and Restrictions on Real Property therein adopted; and
WHEREAS, thc PUD was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, thc Board of County Commissioner has reviewed the PUD and has
determined that a new Affordable Housing Agreement must be part of the conditions required
to extend the current PUD zoning until December 9, 1999.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Agreement Authorizing
Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property
dated December 9, 1997 (the "New Agreement") by and between CEI/Kensington, Ltd.,
Colonial Equities, Inc. and Outreach Housing Corporation (singularly, or collectively, the
Developer) a~td the Collier County Board of County Commissioners (the Commissioner) shall
supersede the Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property dated June 25, 1991 p~ovided thc Developer closes
on either or both (as defined in the "New Agreement") within 120 days of the date of this
Resolution. The Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Peal Property dated lune 25, 1991 is hereby terminated. In the
eveBt Developer fails to close on one or both portions of the property, then staff will return to
the Board of County Commissioners with a new affordable housing agreement as to either or
both portions of the property that failed to close.
This Resolution adopted after motion, second and majority vote favoring same.
D^T -D:
BOARD OF COUNTY COMMISSIONERS,
'LOR; A .
Approved as to form and
legal
Heidi F. Ashton
Assistant County Attorney
Consented to this lIth day of December
BY OWNER:
,~/James Colosimo, Individually and as Trustee
· of Exit 15/1-75 Land Trust
,1997.
8
AGa~.~m, rr AUTHOR~Zr~6 Am:O~ABt, E HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the ~3~ ~ day of ,0/"./~z~'f' 199'/, by and
between CEllKen,~ington, Ltd., a Florida Limited Patlner~hip, and Colonial Equities, Inc. and
Oulmach Housing Corporation and the Collier County Board of County Commissioners (the
"Commission").
RECITALS:
A. The Developer is the Owner or contract purchaser of a tract or' real property
descn'bed as (complete legal de~.-'~'iption) the West ½ of the Southeast ¼ of Section 34, Township
49 South, P,~nge 26 ~ Collie~r Cotmty, Florida lying South of I-7:S; less and except the
following: the South 50 feet for Radio Road right-of-way and the East 726.00 fcet of the Wes~ V~
o/' the Southeast ¼ of said Section 34 (The "Propen'y"). The legal and equitable owncrs include
James R., Trustee. It is the Developer's intent to construct a maximum of four hundred thirty-
eight (438) residential units (the "Units") at a density of thirteen (13) units per gross acre on the
Property. The gross acreage of Property is +_.33.79 acres. The number of affordable Units
constructed by Developer shall be two hundred two (202), representing forty-six percent (46%)
of the total number of ~esidential Units in the development.
B. In order to construct the Units, the Developer must obtain a density bonus from the
Commission for the Property as provided for in the Collier County Affordable Housing Density
Bonus Ordinance No. 90-89, which density bonus can only be granted by the Commission in
accordance with the strict limitations of said Ordinance.
C. The Commission is willing to grant a density bonus to the Developer authorizing
the conslmction of two hundred and two (202) bonus Units on the Property, if the Devcleper
agrees to construct affo~ble Units as specified in ds Agreement and the Developer covenants
and agrees to usc the affordable units only as rental prope,~.
NOW, THEREFORE, in consideration of the approval and granling of the density bonus
of six (6) units ~ acr~ requested by the Developer and the benefits conferred thereby on the
Prol:~-ty, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows:
1. Recitals. The above recitals are hue and correct and are incorporated herein by
2. Developer Agreements. The Developer hereby agrees that it shall construct two
hundred and two (202) affordable Units which Units shall be rented in accordance with thc terms
and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A and
Exhibit B, which Appendix is incorporated by reference herein and constitutes a part of this
Agreement. Units at the Property which are not an affordable Unit ("Market-Rate Units") shall
oc exempt fi.om thc provisions of this Agreement and may be leased or rented by Ihe Developer
on terms and conditions acceptable to the Developer in its sole discretion. Within forty-five (45)
days from the date that notice is received from the Commission, thc Developer shall provide
on-site management to assure appropriate security, maintenance and appearance of the
development and the dwelling Units.
a. Thc following provisions shall be applicable to the affordable Units:
(I) Definitions. Any and all definitions provided by Ordinance No.
90-89, as amended, are hereby incorporated by reference.
Phtsing shall mean (a) thc phased construction of buildings or structures
in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site
developmem plan; or (b) in developments where phased construction is not depicted on a PUD
master plan, subdivision master plan or site development plan, the construction of buildings or
structures in a clearly defined series of starts and finishes that are separate and distinct within the
development.
(2) Base Rent. The monthly base rent for the affordable Units shall be
in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent
may be increased each' year from the date of this Agreement as long as the rent does not exceed
one-twelfth (i/12) of 30 percent of an amount which represents 50 percent (for very Iow
income), and 60 percent (for Iow income) of the then applicable median adjusted gross annual
income for the household as published annually by the U.S. Department of Housing and Urban
Development for the area defined as the Naples Metropolitan Statistical Area (MSA). The
foregoing notwithstanding, any nmi charged for an affordable housing unit rented to a Iow
income or very low income family shall not exceed 90 percent of the rent charged for a
comparable market rate dwelling in the same or similar development.
(3) Median Income. For the purposes of this Agreement, the median
income of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then cunznt median income for the Naples Metropolitan Statistical Area,
established periodically by HUD and published in the Federal Register, as adjusted for family
size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be
adjusted from time to time in accordance with any adjustments that an: authorized by HUD or
any successor agency. In the event ttm HUD ceases to publish an established median income as
aforesaid, the parties hereto shall mutually agree to another reasonable and comparable method
of computing adjustments in median income.
(4) Eligibility and Qualification of Tenant. Family income eligibility
is a three-step process: I) submittal of an application by a pmepecfive tenant; 2) verification of
family income; and 3) execution of an income certification form. All three steps shall be
8
accomp!ished prior to a tenant being qualified as an eligible family lo rent and occupy an
affordable ho~ing unit pursuant to the affordable housing density bonus program. No person
shall occupy an affordable housing unit provided under the affordable housing density bonus
program prior to being qualified at the appropriate level of income (low or very low income) in
accordance with this Section.
The Developer shall be responsible for qualifying tenants by accepting applications from
tenants, verifying income and obtaining income certification for all affordable units in the subject
development. All applications, forms and other documentation required by this Agreement shall
be provided to the Housing and Urban improvement Director. Qualification by the Developer of
any tenant as an eligible tenant family shall be subject to review and approval in accordance with
thc monitoring and enfomement program created and adopted by Resolution of'thc Commission.
(a) Application. A potential tenant shall apply to the developer,
owner, manager, or agent to qualify as a low or very low income family for thc purpose of
renting and occupying an affordable housing rental unit pursuant to the affordable housing
density bonus program. The Preliminary Application for Affordable Housing Unit shall be
provided by the llousing and Urban Improvement Director as shown in Appendix B, Exhibit A,
attached to this Agreerhent and incorporated by refenmce herein.
(b) Income Verification and Certification. No affordable
housing Unit in the development shall be rented to a tenant whose household income has not
been re-'rifled and certified in accordance with this Agreement and Ordinance No. 90-89, as
amended, as a Iow or very Iow income family. Tenant income verification and certification shall
be repeated annually to assure continued eligibility.
(c) Income Verification. The Developer shall obtain written
verification from the potential occupant (including the entire household) to verify all regular
sources of income (including the entire household). The most recent year's federal income tax
retm'n for the potential occupants (including the entire household) may be used for the purpose of
income verification, if aRached to the Affordable Housing Applicant Income Verification form,
which includes a statement to release information, tenant verification of the return, and a
signature block with the date of application. The verification ,,hall be valid for up to ninety (90)
days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally
updated ~-oa~ thc original sources for an additional 30 days, provided it has been documented by
the person preparing the original verification. After this time, a new verification form must be
completed. The Affordable }lousing Applicant Income Verification form shall be provided by
the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to
this Agreement and incorporated by reference herein.
8 A2
(d) Income Certification. Upon receipt of the Preliminary
Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification
form, the Developer shall require that an income certification form shall be executed by the
potential tenant (including the entire household) prior to rental and occupancy o£ the affordable
housing unit by the tenant. Income certification shall assure that the potential occupant has a Iow
or very Iow household income which qualifies the potential occupant as an eligible family to rent
and occupy an affordable housing unit under the affordable housing density bonus program. The
Affordable Housing Applicant Income Certification form shall be provided by the Housing and
Urban Improvement Director as shown in Appendix B, Exhibit C, attached to this Agreement
and incorporated by reference herein.
(e) Rental Agreement. At a minimum, the rental agreement
shall include the following:
(i) name, add.ess, and telephone numlxn' of the head of household and ali other
occupants;
(ii) a description of the unit to be rented;
(iii) the term of the lease;
(iv) the rental amount;
(v) the use ofthe premises;
(vi) moniloring and enforcement provisions, including disqualification of tenant; and
(vii) the rights and obligations of the pm'ties.
Random inspection of flies containing required documenta, tion to verily occupancy in
accordance with this Agreement and Ordinance No. 90-89, as amended, may be conducted by the
Housing and Urban Improvement Director.
(5) Disqualification of Tenant. In the event that tenant qualification is
not subsequently confirmed by the Housing and Urban Improvement Director or his design~,
then such tenant shall be required to vacate the affordable unit. [f tenant vacation of' the
affordable unit is the testat of an error, omission or misrepresentation made by Developer, tenant
shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as
provided by the monitoring and enforcement program. Ift~nant vacation of the affordable unit is
the result ora misrepresentation made by the tenant, tenant shall vacate the affordable unit within
I$ days and shall pay penalties as provided by the monitoring and enforcement program. Such
eventuality shall be expteasly detailed in the leaae agreement between Developer and tenant.
(6) Annual Progress and Monitoring Report. The Developer shall
provide the Housing and Urban Improvement Director an annual progress and monitoring report
regarding the delivery of affordable housing rental units throughout the period of th,Ar
construction, rental and occupancy. The annual progreas and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with Ordinance
No. 90-89 or subsequent a'nendments thereto. The retx~t shall be filed on or before September
30 of each year and thc report shall be submitted by thc Developer to the Housing and Urban
Improvement Director. Failure to complete and submit the monitoring report to the Housing and
Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of
up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is
requested prior to expiration of the sixty (60) da), submission deadline. No more Ihan one such
extension may be granted in a single year. The progress and monitoring report shall be in a t'orm
provided by the Housing and Urban Improvement Director.
(7) Occupancy Restrictions. No Affordable Unit in any building or structure on the
Property shall be oecup:ed by thc Developer, any person related to or affiliated with the
Developer, or by a resident manager.
3. Density Bonus. The Commission hereby acknowledges that the Developer has
met all required conditions to qualify for a density bonus, in addition to the base residential
density of seven (7) units per acre, and is therefore granted a density bonus of six (6) density
bonus units per acre. for a total (total ~ density bonus units per acre X gross acreage) of 202
density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance
No. 90-89. The Commission further agrees that the Developer may construct thereon, in the
aggregate a maximum'number of 438 units on the Property provided the Developer is able to
secure building permit(s) from Collier County.
4. Commission Agreement. During the term of this A~eement, the Commission
acting through the l-lousing and Urban Improvement Department or its successor(s) covenants
and agrees to prepare and make available to the Developer any general information that it
possesses regarding income limitations and restrictions which are applicable to the affordable
Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and the Collier
County Affordable Housing Density Bonus Ordinance to prat, sell or occupy, or attempt to rent,
sell or occupy, an affordable housing rental unit provided under the affordable housing density
bonus program except as specifically permitted by the terms of this Agreement; or to knowingly
give false or misleading information with respect to any information required or requested by the
Housing and Urban Improvement Director or by any other persons pursuant to the authority
which L~ delegated to them by the Ordinance.
Collier County or its designee shall have full power to enforce the terms of this
Agreement. Thc method of enforcement for a breach or violation of this Agreement shall be at
thc option of the Commission by criminal enforcement pursuant to the provisions of Section
125.69, Florida Statutes, or by civil enforcement as allowed by law.
8 A2
b. Notice of Violation for Code Enforcement Board Proceedings. Whenever
it ia determined that there is a violation of this Agreement that should be enforced before the
Code Enforcement Board, then a Notice of Violation shall be i,~sued and sent by the ltousing and
Urban Improvement Director by certified return-receipt requested U.S. Mail, or hand-delivery to
the person or developer in violation of the Ordinance. The Notice of Violation shall be in
writing, shall be signed and dated by the Housing and Urban Improvement Director or such
other County porsonnel as may be authorized by lhe Board of County Commissioners, shall
specify the violation or violations, shall state that said violations(s) shall be corrected within ten
(!0) days of the date of the Notice or' Violation, and shall slate that if said violation(s) is/are not
corrected by the specified date in the Notice of Violation, the Housing and Urban Improvement
Director shall issue a citation which shall state the date and time of issuance, name and address
of the person in violation, date of the violation, Sec~on of this Agreement or of Ordinance No.
90-89 or subsequent amendments thereto violated, n,~ne of the Housing and Urban Development
Director, and date and time when Ihe violator shall appear before the Code Enforcement Board.
c. Certificate of Occupancy. In the event that the Developer fails to maintain
the affordable units in accordance with this Agreemen! or with Ordinance No. 90-89, as
amended, at the optioh of the Commission, building permits or certificates of occupancy, as
applicable, may be withheld for any future planned or otherwise approved unit located or to be
located upon the Property until the entire projeci is in full compliance with this Agreement and
with Ordinance No. 90-89, as amended.
6. Assigrunent by Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Prop~ty provided that it gives the Develol~r ~rty (30) days advance written notice thereof.
The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations,
or promises under this Agreement to any successor in interest to the Property without the express
writIen consent of the Commission, which consent may be withheld for any reason whatsoever.
Any attempt to assign the duties, obligations, or promises under this Agreement to any successor
in interest to the Prol:~Xy without the express written consent of the Commission as required by
this Section shall be void ab initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement is for
any reason held invalid or unconstitutional by any court of coml~ent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and all other provisions shall
r,~naln effective and binding on the parties.
8. Notice. Any notices desired or required to be given under this Agreement shall be
in writing and shall either be l~'rsonally delivered or shall be sent by mail, postage prepaid, to the
parties at the following addresses:
To thc Commission: Housing & Urban Improvement Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Develope~.
Richard Shaw, President
Colonial Equities, Inc.
16200 Dallas Parkway, Suite 190
Dallas, Tx. 7524g
Any party may change the address to which notices are to be sent by notifying the other party of
such new address in the manner set forth above.
9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier
County Housing and Urban Improvement or his designee shall have the authority to monitor and
enforce Developer's obligations hereunder.
10. lndemni~. The Developer hereby agrees to protect, clef'end, indemnify and hold
Collier County and its officers, employees, and agents harmless from and against any and all
claims, penalties, damages, losses and expenses, professional fees, including, without limitation,
reasonable a,omey's tees and all costs of litigation and judgments arising out of any claim,
willful misconduct o~t negligent act, error or omission, or liability of any kind made by
Developer, its agents or employees, arising out of or incidental to the performance of this
Agreement.
! !. Covenants. The Developer agrees that all of its obligations hereunder shall
constitute covenants, restrictions, and conditions which shall run with the land and shall be
binding upon the Property and against every person then having any ownership interest at any
time and from time tu time until this Agreement is terminated in accordance with Section 14
below. However, the parties agree that if Developer transfers or conveys the Property to another
person or entity, Developt'r shall have no furtht'r obligation hereunder and any person seeking to
enforce the terms hereof shall look solely to Developer's successor in interest for the
performance of said obligations.
12. Recording. This Agreement shall be recorded at Developer's expense in the
official records of Collier County, Florida.
13, Entire AgreemenL The parties hereto agree that this Agreement cormitutes the
entire Agreement between the parties hereto and shall inure to and be binding upon their
respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain and be
maintained as the type of affordable housing rental unit (Iow or very low income) designat~ in
accordance with this Agreement for at least fifteen (15) years fi'om the date of issuance of a
" 8
Certificate of Occupancy for such unit. After fifteen (15) years this A!p'ccmcnt may terrninatc
upon a date mutually agreed upon by the parties and stated in writing.
! 5. Modification. This Agreement shall be modified or amended only by the written
agreement of both parties.
16. Discrimination.
a. Thc Developer agrees that neither it nor its agents shall discriminate
against any tenant or potential tenant because of said tenants race, color, religion, sex, national
origin, familial ~, or handicap.
b. When the Developer advertises, rents, sells or maintains the affordable
housing unit, it must advertise, rent, sell, and maintain thc same in a non-discriminatory man,~er
mad shall make available any relevant information to any person who is interested in renting or
purchasing such affordable housing unit.
c. Thc Developer agrees to be responsible for payment of any real estate
commissions and fees assessed in the rental or purchase of affordable units.
d. Thc affordable housing units in the development shall bc identifie:l on all
building plans submitted to thc County and described in thc Developer Application for
Affordable Housing Dhasity Bonus.
e. The affordable housing units shall be intermixed with, and not segregated
from, thc mazkct rate dwelling units in the development.
f. Thc square footage, construction and design of thc affordable housing
units shall be the same as market rate dwelling units in thc development. AIl physical amenities
in the dwelling units, as described in item number seven (7) of thc Developer Application for
Affordable Housing Density Bonus shall be thc same for market rate units and affordable units.
For developments where construction takes place in more than one phase, all physical amenities
as described in item number seven (7) of the Developer Application for Affordable Housing
Density Bonus shall be thc same in both the market rate units and thc affordable units in each
phase. Units in a subsequent phase may contain different amenities than units in a previous
phase so long as the amenities for market rate units and affordable units arc thc same within each
phase and provided tl~ in no event may a market rate unit or affordable unit in any phase
contain physical amenities less th~n those described in the Developer Application.
17. Phasing. This development is being built in two phases, each having
separate financing sources. The legal description of Phase I is a~achcd as
Appendix D, with Phase Fl being the remainder of the property. Howcvcr, thc
second phase (298 units - northern portion of the site) will commence
constzuction following ma ~pproval of an amended PUD. Phase I will consist of
140 units 80% low income at 60% of thc arcs median income and 20% at very
Iow income at 50*/,, of median income (southern portion of the development).
Phase II will consist of 298 units with 62 affordable units (60 units at 50% of the
area median income) and two (2) units at 60% of area median income. This
agreement will become effective as to Phase I concurrent with Developer's
closing on the purchaze of the southern portion of thc Property, and will further
become cf:ectivc as to Phase fl conotrrcnt with Developer's subsequent closing
on the northern portion of the Property. In the event Developer fails to close on
one or both portious of the Property, then staffwill mum to the Board of County
Commissioners with a new affordable housing agreement as to either or both
portions of the Pnaperty that failed to close. However, this agreement will
supersede any previous Affordable Housing Density Bonus Agreement approved
for this parcel.
18. Disclosure. The developer shall not disclose to persons, other than the potential
tenant, buyer or lender of the particular affordable housing unit or units, which units in the
development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be consistent
with thc Growth Management Plan and land development regulations of Collier County that are
in effect at the time of development. Subsequently adopted laws and policies shall apply to this
Agreement and to the development to the extent that they are not in conflict with the number,
type of affordable housing units and the amount of affordable housing density bonus approved
for the development.
20. Affordable Housing Density Bonus Development Agreement. This Agreement is
a distinct and separate agreement from development agreements as defined by Chapter 163.3220,
Fla. Stat. (1989) and as amended.
21. Prcepplication. Developer has executed and submitted to the Development
Sendces Director the Developer Application for Affordable housing Density Bonus, a copy of
which is attached to this Agreement as Appendix C and incorporated by reference herein.
22. Gov~ning Law. This Agr~.-ment shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The parties hert~ shall execute and deliver, in rccordable
form if necessary, any and all documents, certific~es, instruments, and agreements which may
be r~sonably required in order to effectuato the intent of this Agreement. Such documents shall
include but not be limited to any document requested by the Developer to exhibit that this
Agreement has temainnted in accordance with the provisions of paragraph 14 above.
1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
8 A2
(2):
(2):
Witne~ (2):
BOARD O12 COUNTY COMMISSIONERS
COLLrER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
/
DEVELOPER
CEI/KENSINGTON. LTD.
by: COLONIAL EQUITIES, INC., its
Geaer~ Pmner
By:
Richard Slu~, Pr~idcnt
COLONIAL EQUITIES, INC.
By:..
Richard Shaw, Pre~id~ t
HOUSING OUTREACH CORPORATION
(Print Name)
CPrint Titlo)
Approved u to form ~d
legal suffieiaacy:
H~idi F. A~h~m
STATE OF )
)~.
COUNTY OF )
Thc foregoing Agreement Authorizing Affordable Housing Doasity Bonus And Imposing Covcn~ls
And ResUiction~ On ~ ~ wu acknowled~d befor~ me by Richard Shaw, Prcsident of
Colonial Equities, Inc., Gmeral partner of CtR/Kcnsington, Inc. on half of the Corporation. He is
pet~mally known to me or has produced ns identification.
WITNF.~S my haad ~nd official ~ this ~ day of ,1997
My Commission Expires:
Notary Public
lO
STATE OF )
COUt'tT~ O~ )
The foregoing Agreement Authorizing Affordable Housing De~ity Bonus And Imposing Covenants
And Res~icfions On Real Property was acknowledged befor~ me by Richard Shaw, President of
Colonial Equities, Inc., on halfof~he Corporation. He is personally known to me or has produced
as identification.
WTT~ESS my hand and official seal this _ day of_ _, 1997.
Notnry Public
My Commission Expir~:
STATE OF
)as.
COUNTY OF )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants
And Restrictions On Real Property was acknowledged befor~ me by Richard Shaw, President of
Housing Outreach Co~porafion on half of the Corporation, Ha is personally known to me or has
produced as identification.
WITNF_3S my hand and official seal this .... day of
,1997.
My Commission Expires:
Notary Public
11 '
RENTAL
Appendix A, E~hibit A
_NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY-~/~
NUMBER OF UNITS BASE RENT
Single Multi single
Family Family ' Family
Multi
Family
LOW INCOME
Efficiency 0 0
i Bedroom 0 0 __ 0
2 Bedroom 0 9S _ 0 _
3 Bedroom 0 ...... 16 _ 0
4 Bedroom 0 0 0 _
TOTAL 0
703
v~ LOW INCOME
0
Efficiency 0
0
i Bedroom 0
2 Bedroom ' 0 3& 0
3 Bedroom 0 8 0
4 Bedroom 0 .0 0
TOTAL 0 88
(1) Base residential density allowed in this development
7 units/acre.
(2) Gross acreage +33.7.__~9 .
(3) ~aximum number of affordable housing density bonus units
allowed in this development pursuant to Section 7
ordinance 90-89. 6 units/acres.
(4) Grom~ residenti&l density of this development (including
affordable housing density bonus units) 13
units/acre.
(5) Percentage of affordable units pledged by the d~veloper
(as a percsnt of the total number units in the
development) %% %.
*Rents are net of u~li~y allowances. Water and sewer utilities
provided in listed rent levels. .
Page 1 of 4
AppenOlx A, £X~LDLU ~
~FFORDABLE ~OUSING DENSITY BON~B RATI~ SYST~
Section 7, Ordinance No. 90-89, provides for calculation of a
density bonus for developers pledging to construct affordable
units within their development. Included in this Exhibit B are
instructions for and the tables with which to calculate the
density bonus for a particular project. Exhibit C contains the
current median income and acceptable rents for low and very low
income households in Collier county.
The affordable housing density bonus rating system shall be
used to determine the amount of the affordable housing density
bonus which may be granted for a development based on household
income level, number of bedrooms per affordable housing unit, type
of affordable housing units (owner-occupied or rental,
single-family or multi-family) and percentage of affordable
housing units in the development. To use the affordable housing
density bonus rating system, Tables A and B, below, shall be used.
Tables A and B shall be reviewed and updated if necessary on an
annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or
very low) of the affordable housing unit(s) proposed in the
development, and the type of affordable housing units
(owner-occupied or rental, single-family or multi-family, where
applicable) to be provided, as shown in Table A. Then, referring
again to Table A, choose the number of bedrooms proposed for the
affordable housing unit(s). An affordable housing density bonus
rating based on the household income level and the number of
bedrooms is shown in Table A.
After the a~fordable housing density bo~us rating has been
determined in Table A, locate it in Table B, and determine the
percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the
development. From this determination, Table B will indicate the
maximum number of residential dwelling units per gross acre that
may be added to the base density. These additional residential
dwelling units per gross acre are the maximum affordable housing
density bonus (AHDB) available to that development. Developments
with percentages of affordable housing units which fall in between
the percentages shown on Table B shall receive an affordable
housing density bonus equal the lower of the two percentages it
lies between plus 1/10th of a residential dwelling unit per gross
acre for each additional percentage of affordable housing rental
units in the development. For example, a development which has
24% of its total residential dwelling units as affordable housing
units, and which has an affordable housing density bonus rating of
"four" will receive an affordable housing density bonus (AHDB) of
4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on
level of income and number of bedrooms shown in Table A) is
proposed for a development, the affordable housing densit~y bonus
for each type shall be calculated separately in Table B. After
the affordable housing density bonus calculations for each type of
affordable housing unit have been completed in Table B, the
affordable housing density bonus for each type of unit shall be
added to those for the other type(s) to determine the maximum
affordable housing density bonus available for the development.
In no event shall the affordable housing density bonus exceed
eight (8) dwelling units per gross acre.
Page 2 of 4
!
LEVEL }U~giBEROF B~DROOMS/UNIT
OF HOUSEHOLD
EFFICIENCY 2 3 OR
MODERATE (OWNER-OCCUPIED,
SINGLE-FAMILY)
LOW (OWNER-OCCUPIED OR RENTAL
SINGLE-FAMILY OR HULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-
FAMILY OR MULTI-
~AM~LY)
1' 1'
3 4
4 5
*For cluster housing developments in the Urban Coastal Fringe,
add i density bonus to obtain 2.
~]%DDZTZOB~L ~NI%Z~gL~ DIFELLIN~ UNITS
AFFORDABLE HOUSIN~
DENSITY BONUS RATING
% OF AFFORDABLE HOUSING UNITS
19A 2o% ig~ 4o%
I 0 0 i 2
2 0 i 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Please caloulate your density bonus in the spaoe provided below.
lttaoh additional pages if necessary.
Density Bonus was previously calculated a~ the time of approval of
Saddlebrook Villass PUD.
Page 3 of 4 .
$51,300
Pursuant to t.he Affordable Housing Density Bonus Ordinance, No. 90-89, moderate income is 81%
to 100% of the median income, iow income is 51% to 80% of the median income and very low
income is less than 50% of median income.
Pursuant to the Impact Fee Ordinances, adopted by tho Board of County Commissioners, Dec~mber
16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the
median income and ve~'y iow income is less than 50% of the median income.
MEDIAN INCOME 1997
Napl~, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 2 3 4
5 6 7 8
100% 35,900 41,000 46,200 51,300 55,300 59,500 63,600 67,700
80% 28,750 32,850 36,950 41,060 44,300 47,600 60,900 54,150
60% 21,540 24,600 27,720 30,780 33,240 35,700 38,160 40,620
50% 17,950 20,500 23,100 25,650 27,700 29,750 31,800 33,850
RECOMMENDED RENTAL RATES
The Florida Housing Finance Agency (FI-IFA) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 1997 data from FI-IFA. Utility costs'are provided from the County's
Section 8 Rental Assistance Program which is administered by the Collier County Housing
Authority.
HOUSING COSTS BASED Obl 30% FAMILY INCOME
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 962 1,155 1,334 1,487
80% 770 924 1,067 1,190
60% 577 693 800 893
50% 481 578 667 744
UTILITY
ALLOWANCE 52 95 137 162
100%
8O%
60%
50%
l~viscd 2/97
f/density bonus
ALLOWABLE RENT WITH UTILITIES DEDUCTED
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
910 1,060 1,197 1,325
718 829 930 1,028
525 598 663 731
429 483 530 582
Page4 of 4
~DIX C
Developer Application For Affordable Housing Density Bonus
Appendix C
Developer Application For Affordable ~ousing Density Bonus
Pursuant to the requirements of the C~llier County Affordable
Housing Density BonUs ordinance No. 90-89, Section 6.4, please
complete this form and submit it with any accomParrying documenta-
tion to the Development SerVices Director, 2800 North Horseshoe
DriVe, Naples, Florida 3&10&. A copy must also be provided to the
Housing and Urban Improvement Director.
All items requested must be provided.
1. Please state what zoning districts are proposed by the
applicant, if any, on the property and the acreage of each;
Fx~scing zonin~ Co be retained, ~addlebrook ~-
with the affordable housing density bonus?
Yes' IX No
If yes, state date of application
request has been approved, state the ordinance number
Has an application for rezoning been requested in conjunction
and if the
Gross density of the proposed development. 13 units/acre.
Gross acreage of the proposed development. 33.79 _ acres.
4. Are affordable housing density bonus unite sought in
conjunction with an application for a planned unit development
(PUD)? . Yes X No.
If yes, please state name and location of the PUD and any other
identifying information.
5. Name of applicant Coloni~l Equities, Inc.
Name of land developer if not the same as applicant Phase I,
Applicant; Phase II, Outreach Houoins Corpora:ion.
Page i of 3
DeVelOper lpplication For lffordable Rousing Density Bonus
6. Please complete the following tables as they ~ppl¥ to the
progosed develogment.
Tote1 ~,~er of Units in Development
Owner
0 -
Efficiency 0 -
0 _
One Bedroom ~3o --
0 _
Two Bedroom 242 -
0 _
Three Bedroom 66 -
Other Bedroom -0- 0 _
TO~L 438 _ 0 ..
T~BLB II
MODERATE INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
~m~er of affordable H~usina unit~
Total Number of Proposed Use for
Affordable Units Density Bonus Units
' in Development
Owner B~* Owner
0 0 0 0
0 0 0
Q 0 0
0 0 0
0 0 0 0
0 0 0
' o
0 0 0
0
0 0 N
98 0 ~iR 0
16 0 703 0
0 0 0
11~ 0 0
LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
~et of utilities.
rant levels.
Water and sewer utilities provided in listed
Page 2 of 3
Developer ~pplication Fo~ Affo=dable Rousing Density Bonus
(Continued)
Total Number of
Affordable Units
in Development
Owner
Proposed Use for
Density Bonus
Units
~ , owner
LOW INCOME
EfficiencY 0 _ __ 0 _ -
0
0 ~ --
1 Bedroom ~6 _ _ --
0
2 Bedroom 34_ _ 0 _ _~15 _ --
0
3 Bedroom _ -
0
Other .0 _ 0 _ _ - --
0
TOT~%L 88 _ 0 . _ -- --
7. Please provide a physical description of the affordable units
by type of unit (moderate, low, very low income) and by number of
bedrooms. Include in your description, for example, the square
footage of each type of unit, floor coverings used throughout the
unit (carpeting, tile, vinyl flooring); window treatments;
appliances provided such as washer/dryer, dishwasher, stove,
refrigerator; bathroom amenities, such as ceiling exhaust fans; and
any other amenities as applicable. Attach additional pages.
8. Please supply any other information which would reasonably be
needed to address this request for an affordable housing density
bonus for this development. Attach additional pages.
* Net of utilities. Water a~d sewer utilities provided in listed
rent levels.
Page 3 of 3
SADDLEBROOK
AFFORDABLE UNITS
Response to Item//7 of Appendix C, Physical Description
PHA~'~E I
No. of Units Type Square Footage Rent
20 2 Bedroom/1 Bath 750 $515
60 2 Bedwom/2 Bath 880 $618
36 ' 2 Bedroom/2 Bath 900 $618
8 3 Bedroom/2 Bath 1040 $570
16 3 Bedroom/2 Bath 1040 $703
No. of Units Type Square Footage Rent*
46 I Bedwom/l Bath 600 $448
14 2 Bedroom/1 Bath 750 $515
2 2 Bedroom/1 Bath 850 $618
All of the units will be carpeted tlu'oug~t with the exception of kitchens and baths, which will
have vinyl flooring. Every bedroom and living area will have a ceiling fan with a light kit. The
kitchens will include dishwasher, drop-in range, disposal and a refrigerator with an icemaker.
A utility room will contain full size washer/dryer connections and an individual electric hot
water heater. Ali units will have electric central air conditioning/heating units.
* Rents are net of utilities.
FAX
'i'RANSMISSION
DATE: ~ NUMBER OF PAQES:~
F .,~,; NUMBER:
COMMENTS:
CONFIDENTIALITY NO'liCE
Trail Non. h, -%ira .VAS · r,4aplo~. Florida .15940 · ~1.~6~.,~34 ,* F.,~ 94!-Z~-&~;'
P.O1
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l't. lU~lt)l IU:
;~ Y~8,U Ff:F'I. ES TO
Wilbm p. & NmI~ C. ~whei6 Teust C.J. Lee
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p.~1.4~
8 A 2
~ A. & dem~ M. M~hr, erJ';m~
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Wilbm MM? MAIM( Tms~
Murray
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Wigim"n P.. Salines
fleger L. Terry & llna~ P, Ter,'Y
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PA, Pen,~en
J(~'J'emn~ whh Full ~ M
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Maw W~r~ A ~ W~rz
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p. ,~.~.-'04
S~.kIfk~ CJ~ ~ Acct. ~91572
CmnealN., Co-Tm~C~ee
OB,'ClYN ef Lima.
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,Jot~ £.Oqjkra, ~.
l'mlml~ M Cammen
Mi,. Fr~t~ M. ~lie & ~ Mm'y
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JAN I~
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~oMld the D~~ ~ D~ d~ ~ the ~~ k~
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i,,DU-iT-15cJ7' 1~9:24
TIM PUD Master P~'
~up~c ~~~ ~o~~~.
,. . .
: , ~~~~'~ ...... I
~ Ent4neeFlnw/Sfte Development: (Sewer/wai~, drainase issues)
i No inconsi~er, ies wet, rclx~rted bowcvcr, staff e'vises that in lbo eye, fit of an
: develOpn',~nt oommitg~o~ts should be chans~ ~o reflect curre~ co~c references/
-3-
i
~d/or
The owner entity of tt~ Sad~ V'dlage PUD prop~'B~ has sp~ciific..sl~ r~l.uested a
e~tendon.
~ I:MI'ACT: '
A two year ext~ioo of Otis PUD .~~ will hsve vo fiscal impnc'~ on Collier Co~tnty.
· ~.rt~t~o WtA~AC~'n
-4-
HDU.-17-1cJg'7
2
8 A 2
RESOLUTION NO. 98-
A RESOLUTION AMENDING THE STIPULATIONS
SECTION OF RESOLUTION 97-55 FOR pROPERTY
HEREI~ D~SCRIBED IN COLLIER COUNTY,
FLORIDA, TO CORRECT A SCRIVENEER'S ERROR IN
THE SADDLEBROOK VILLAGE PUD SUNSETTING
RESOI~UTION STIPULATIONS SECTION.
WHEREAS, the Collier county Board of Commissioners adopted
Resolution 97-S5, pertaining to Saddlehrook Village PUD relative to an
action under Sec=ion 2.?.3.4 of the Land Development Code on Januaz%, 21,
1997, and
~, following said action adopting Resolution 97-S5, i= was
determined that a stipule=ion had been omitted from said Resolution and
constitutes a Scrivener's Error.
NOW, THEREFORE BE IT RESOLVED, by the Board of Count), Commissioners
of Collier county, Florida =hat =he stipulation portion of Resolution 97-
55, is hereby amended, by adding the omitted stipulation to read as
follows:
1.
2.
3.
BE IT
The above recitals are a~pted herein by reference as if
fully set forth herein.
This Resolution shall constitute evidence of compliance
with the review requirements of Section 2.7.3.4 of the LDC.
Pursuant to aaid section of the LDC, the current PUD
approval is hereby extended to October 30, 1998; at the
end of which time the owner shall submit to the
procedures in hDC Section 2.7.3.4.
The extension of the PUD aD. reval until October 30, 1998
is con~in~ent upon the sept,;al by the Board of Count~
C~ieeioners of a new affordable housinq density bonus
~re~T~nt betw%mn said Board and CEI-Kensinaton, LTD a Florida
LTD Partnership/Colonial ~uitiee. Inc. Should that A~ree~n=
fail. then the Board of Zonino APPeals reserves the riah=
to reconsider the extension of the herein referenced PUD~
FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
are dele=ed; words ~ are added.
2
This Resolution adopted after motion, second and majority vote.
Done thil ~ay of , 1998.
~)ARD OF COUNTY COMMISSlO~ERS
COLLIE{t COUNTY, FLORIDA
Chairma~
AA-A-u.qT:
DMIOHT K. BROCK, Clerk
Atmpr~m~l as to Form and I~-gal Sufficiency:
S~den~
Attorney
Words~aL"u dele=edt word. ~3&%~r~]~Jl~ are added.
IZ~
COUNTY PRO~C'T
INTERLOCAL AGREEMENT
COHI$
8B1
COUNTY ROAD NO.
COUNTY PROIECT NO.
Golden Gate Boulevard
Foor-L~ning (C.lt 951 to Wilson Boulevard)
876 63041
THIS INTERLOCAL AGREEMENT, made and entered into this ,~ ~.X.... day of
bdivtgg'/, by and between the Board of County Commissioner~, Collier Cou.n. ty, .
ision of the State of Florida, herinafter called the COUNTY and the Ctty ot
Naple~, a municipal ¢oqaorntion, her~inafk, r called the CITY.
WITNESSETH
WHEREAS, the COUNTY i~ plannin~ to cons~'uct, t~onstmct or othemi~e modify · portion of
the COUNTY m~dway system designated by COLflCI'Y as Project No. 63041 Golden Gate Boulevard
foor-laning i~,p~ovementa (Jct. C.R. 951 to Wibon Boulevard), said roadway improvements hereinafter
called the 'Roadway'; and,
WHEREAS, the CITY is planning to maintain certain water utility ~stem~ within, adjacent to, and in the
vicinity of the roadway easement, said utility work and h,p~ovemems he~.-inafter called the "Utility"; and,
WHEREAS, the CITY requested the County to r~.design the roadway project to ..haft the proposed
roadway section to the south in order to place ~e City's existing 36" Raw Water Main outside the paved
travel lane md ~n~ minimize the City's ~location costs; and,
WHEREAS, the County sgr~e~ to r~-design the ro~lway in order to place the City's existing 36" Raw
Water Main ou~ide of the wed travel lane and ffn~ minimize City'-, relecation ¢o~ts; and,
WHERE~S, the ~ and the COUNTY shall enter into this Interlocal A~t for D~ign.
Construction and Engineering Services to be performed lq, the County, hen.-inafter called the
'Consultant", for the design, plan preparation, permitting, and budget-related activities for the planned
roadway construction work, and
WHEREAS, the COUNTY and CITY have determined and mutm. tly agree that it is economically
advantagen~s and in the best interest of ~e i~blie to consummate t~ lnterlocal Agreen,~-m to provide for
the consu'uction of Roadway ;,q~G-,,ements by the COUNTY pure,at to and in accord with propo~d
COUNTY'S roadway construction contract for the n~dway and t~, acute the CITY raw water main
without r~luiring is relocation; and,
WHEREAS, the CITY accg, ts the items in the agreement incorpora..'zd hereto and included in Exhibit 'A'
attached hereto; and,
WHER. F-AS, the City accepts the total bid items for the portions of work as identified in the attached
Exhibit "A" herein known and referenced as 'Anticipated Co~t of Project' (ACP); and,
V, gIEREAS, the County is agreeable to and desiroo~ and capable of performing, providing or otherwise
undertaking Utility design, construction and cook·ct admini..trstion services for CITY jointly and
cormn~emly with the Roadway construction, and CITY agrees to r~imbur~e COUNTY for the final and
actual costs herein known and referrnd to as 'Actual Co~t Statement" (ACS) for the total bid item· for the
portions of work as identified in the attached Exhibit "A"; and,
NOW, THEREFORE, in consideration of the ·bore premises, and the rn~mal covenants, terms, and
provisions contained herein, the COUNTY and CITY ague as follows:
SECTION [: COUNTY'S RESPONSIBILITY
1:00 The COUNTY shall provide and perform comprehensive utility related design and construction
and contract ~lministrafon services to the ~ for the roadway project. The~e ~erviees shall be
rendered jointly and concurrently with COUNTY'S design and construction of the roadway.
1.01 The following specific services, duties, and respons~ilities will be the obligation of the COUNTY
r~garding design coordination, construction, and con,'act administration of the Utility work on
behalf of the CITY.
A. COUNTY shall design I~aject 63041 so a.. to accommodate the CITY'S exi..ting 36" Raw
Water Main su that it may reroain in place at its c~'rent location within the existing Golden
Gate Boulevard fight-of-way. The n~ry ~d applicable utility plans and specification~
shall be subject to the CITY's input and r~4~v.
B. At the time of Contract bid` those Bid Items for which the CITY is responsible shall be
subject to CITY'S review and approval by the CITY'S re!are~enlative. Should the CITY
Page ! of 5
OR: 2411 PG: 2095
disapprove the Bid amounts, the CITY will have the option of deleting the subject Bid Item
and/or relocating the water main at speci£~: locations ~o u to elimina:e any possible conflicts
between the Raw Water Main and the new roadway. In exe~'cising this provision. CITY shall
be responsible for any and all additional project coot to COUNTY resulting from CITY'S
action.
C. COUNTY shall include Utility work in its Roadway Constroction Bid to arrive at a price
for C1TY's actual consn'uction Utility work excluding County% administrative lees.
D, COUNTY shall conduct a formal fn'econstmction cont'e~ence prior to commencing with the
Utility construction work. The County will provide the City notice of the preconstru:tion
conference at least five (5) wm4dng days prior to the contre'~"nce. The CITY'S representative
may a,end this conference at the CITY'S discretion. A copy of the minutes or'said
conf~nce shall be submitted to the CI'T~'s conlrac! agent/representative as so identitqed
hereinafter.
E. COUNTY shall coordinate the Utility and Rnactway work with third pa~es such as pro~rty
owners, land developers, envb'otm~emal agencies, contractor~ and ~ like to the extem that
such pan'i, have a direct intewnt in or are directly affected by said Utility and Roadway
F. COUNTY shall conduc~ biweekly design progress meetings with the City.
G, Periodic un-site inspections and construction reviews will be conducted by the County or
their designee and the City to assess the con~'actoo's compliance with the construction plans
and con~act documents.
The Utility work shall be coordinated w~th the CITY'S utility repre~ntstive with respect to
keeping thc CTI'Y advised oflechnical, cost, and schedule impacts upon the Utility work.
I. COUNTY shall confer with public officials of the CT~'Y as deemed necessary by the
COUNTY in order to coordinate wod~ stages between the Utility improvements and the
Roadway improvements from a public interest viewt'oint.
J, Periodic Utility field measurements and quantity calc'~lations shall be made by the COLLNTY
ot' Utility work accomplished on an as needed basis to,' processing ot' monthly progress
payments to the COUNTY'S contractor. The Utility rel,~ted field measurements, quantity
calculations, and other performance data will be verified ~th the CITY'S con.act
agent/representative if ~o requested by CITY in wri6ng prior to COU'NTY'S issuance of
monthly progress payments to the contractor.
K. The COUNTY shall administer design changes, clarifications, supplen',ents and other con.act
amendments which may be necessary during design and cons.uction of the Utility
improvements. These con.act directives to the consultant and contractor may be in the form,
of plans, memoranda, repom, change orden, and supplemental agreement~ and shall be
subject to a wri,en approval by (he CITY'S con~ract agentAep~esentative.
The above notwithstanding, upon notification to City, the CXTY herein authorizes the
COUNTY to prepare, execute, and implement minor change orders for con.act amendments
necessitated by actual field conditiona at the Utility project site so as not to delay the
contractor's p~rformance and so a~ to meet the intent of the approved design for the Utility
improvements. Said change orden shall be issued by the COLrNTY using either existing
con~'act unit prices or negotiated unit prices t'or work adjus~ents within the physical limit of
the Utility work as shown in the construction plans. In no event chall the value of any
individual change order exceed Five Thouund Dollars ($5.0001 nor shall the cumulative
total amount of such change orders exceed ten (10) percent ot' the ACP. Additional or ex.a
work which exceeds the above change order authority by COUNTY shall be submmed for
review, approval and execution by the CTTY.
I.. Upon completion of all Utility work, including all work authorized under change orden and
supplemental agreement~, the COUNTY shall conduct a t'mal inspection of the Utility work
with the CITY'S con~a~ agent/representative and/or its Record Engineer prior to County's
issuing a final payment to the contractor.
M, COUNTY shall submix a final Cerlificat~ ofComoletion letler to the City along with an
appropriate number of plans detailing the Utility as cons~'ucted by the COUNTY'S con.actor
for subsequent certification by the CITY'S Record Engineer. This certification shall be
submitted by the CITY'S Record Engine~ to the State of Florida Department of
Environmental Protection and other local and s~te agencies which govern the Utility
improvements.
Page 2 of 5
OR: 2 11 PG: 2096
N, All conb-acts entered into by the COUNTY for th~ design sn~ c~s~ction of thc Utili~
F~ili~ s~ll ~i~ ~ ~ c~ ~lh ~e CO~ to ~ve ha~lcss, indc~ify
a~ def~ ~e CI~ ~ CO~ ~d ~ c~l~, ag~, offic~ and ~ployees from
any and all clni~, Im~, ~lfi~, d~, jud~, and cos~ of suit, including
a~'s fe~ and ~mlepl's f~ or ~ ~, ~ge ~ liabili~ in~ by any of
~c i~, ~g d~ly g ~ ~ accent of or ~ c~on wi~ ~e work
~ ~ ~ ~'s c~l~nt ~ c~g ~ing to the design ~ co~ction of
~ R~y ~ U~li~ g ~ any ~ fi~ g c~ to wh~ any ~ffion of the
Road~y ~ Utili~ w~ fl ~~ ~ ~e ~'s co~l~nt ~ con~ctor.
SE~ON I1: ~'S ~NS~IL~
CO~ ~ able ~o ~h c~
~f~ of ~ ~, ~ ~, ~ ~ g~g ag~ that ~ve ~fi~icfional
2.01 ~ ~if~ ~j~ ~ ~ C~.
A. ~ ~'S Ci~ M~gg
e~ ~j~fy ~e ~1~ ~ ~I~ ~ ~lay fg ~e ~ of
~~g ~ ~'~ ~w Wa~ Mai~
B. ~ C~'S R~o~ Eng~ ~ ~lfof~ ~ s~ll c~, ~ s~licable, ~e final
Ufili~ p~ ~ c~a
c~ ~ ~e CO~'s c~.
C. ~ ~ s~ll ob~in all ~ ~ a~alt f~ p~ ~or ~m having an
inter or di~ consol ovg ~y c~ge in ~ ~t~g U~li~ i~ov~en~ ~ de,ed
n~ to ~re ~t CO~ ~y ~ff~ i~ ~ ~ a~ res~nsibili~ies herein in a
lilly and c~i-effe~ve ~er wi~t int~ptior.
D. ~e CI~ shall ~ ~mible fg
s~ifica~ a~ ~si~ ~ ~ ~e CO~' g ~e~ design~, included ~t not
limit~ ~o ~t~als, la~, a~ de~y c~ ~ a~licab~ to ~e Ufili~ Bid lt~. Additional
acc~ ~ ~ ~si~ of ~cle 1.01 (O s~ve s~ll al~ ~in the c~t m~nsibili~
of ~e ~, ~id fi~l ~ ~! ~ of all w~ h~ ~ as ~e pmj~t ACS. In
additio~ ~ Ci~ shall ~ ~le fg all ag~t it~ included in Exhibit "A"
a~ch~ hero ~d i~mi~ h~n.
E. ~e CI~ here~ ag~ ~o ~si~ n c~ al~e~five m ~e U~li~ proj~t for the
~ ~i~ ~d co~ ~ and n~ ~e ~n~ ~ ~ting so ~at CO~ may
effegively c~d~ate i~ ~ic~ ~ ~e ~, ~e ~'S con~a~ agen~r~r~nta~ve
shall also a~ ~ ~e ~'S c~ au~ ~dg the ~sions of ~i~ Inted~al
A~t. ~e Coun~ shall ~tde ~ ~gce of all ~fings at least five (5) working
days p~ to ~e meaing.
F. ~e ~ s~ll n~i~ a Utili~ ~j~ c~mr for ~e ~ of c~rdinating, resolving.
~ co~i~fing co~ ~ at ~e field ~el ~ ~'S r~id~t
co~on ~g~.
the CO~ pgor ~o ~'S c~c~i of d~i~ c~rdinafio~ cons~ction, and
con~t admin~fion
CI~'S ~oj~i c~rdi~t~ s~ll a~d ~g~ co~ ~ogress ~ngs with and
~'~ ~e CO~ a~ ~ con~, m~on~cto~ a~ u~li~ companies ~th direct
or indi~ mt~t in ~he ~ovisiom of this Intgl~l
G. ~e C~ s~ll ~ ~le fg all c~ d~y ~d ~ly ~s~ia~ed ~fi~ all Utili~
~ht~ d~i~ ~n~ ~ ~ a~~ ~ to ~ ~ffo~ and
provided by ~e CO~ and ~ ~mil~ ~ ~ 'A". ~e ~ ac~owledges and
sg~ ~at ~h ~ble c~ ~ ~ ~ ~ ~ in ~e A~ m account for
~ a~ve ~d~g ~c~ ~ o~ ~le ~~e a~ o~tio~i cos~ ~uch
at: I ) f~u~fi~, ~m~ ~ ~sing of ~ Inigl~nl Agree~nt; 2) interfacing
~tivi~ ~ ~e Roadway w~k and ~e Ufili~ w~ ~o min~iz~ conflicts nnd reduce
com~c~on c~ ~o the ~; ~ 3) addi~l ~heduling r~ui~n~ resulting from ~e
joinl and c~cu~t cons~ of U~li~ a~ Rosdway ~ven~n~.
reim~ble c~ to ~ paid unto ~e CO~ f~ ~id ~ic~ shall ~ 2.5% of~e actual
unli~ relnt~ design and co~cgon.
Page 3 of 5
SECTION Ill: MUTUAL cOVENANTS
3.01
3.02
3.03
Thc CITY shall not be responsible for, nor shall the CITY dictate upon the COUNTY.
_.,._.,.._,-,.'~ ,kills. ~eouences or procedures ofconslTucfion relating
co~s~uction means, tn~no~ ~ ..... ,~ ........ -- ' -- ' shall remain with the
to Roadway improvements. Thc above tespons~ilities during cons~'uctmn
COLIN'f~'S cout~'actor tad/or the contractor's subcon~actors subject to the conditions and
responsibilities set forth in this AGREEMENT and in EXHIBIT "A".
The CITY shall not be respons~le to the COUNTY should the COUNTY'S contractor fail
comply with OSHA Safety and Health Stnndards {29 CTR 1926/1920) as authorLzed by the U.S.
.... responsibilities to be
Deparm~nt of Labor. Occupatioual Safety,
that of the COUNTY'S contractor smd/or the contractor's subconwactors.
The COUNTY'S Office of Cap~l Projects Management Director, either directly with the CITY
Utility by him, shall
or through duly authot~ed representatives assigned to the Roadway and th~s the COL.1N'I'Y'S
ac~ as the COU~rTY'S ~ manager under this lnterlocal A~-ement.
~ lntedoeal Ag~-ement, the Otlqce of Capital l'~ojects Management
contr~ manager under authority with prior written approval of the CITY to extend the lirmu
Director ~ha[1 alsu have the ·
and/or ~cope ofUtility cot~anct~on wodt. Subject to the wovislons m paragraph 1.0! (I) abu~'e
this monetary anthofi~ shall not exceed ~ of ~e actual negetiated utility
conseucfion cosl amount.
The COLTNTY shall p~ovicle the CITY with tout (4) sets of the approved construction plans and
contract documents for the Roadway work prin~ to comn~.ncement of construction activities by
the COLT~q'I'Y'S cona'actor. The above materials shall include the COUNTY'S executed
construction contract for the Roadway. The City shall pay the County the ACT prior to giving the
contractor the Notice to Proceed with the sm't of the work.
The COUNT~ shall reimburse the CITY for the diffeTence in value between the ACP and the
The COUNTY shall pay this differentia!
ACS it' the t'ormet amount exceeds the latter amoun+ which the constructmn
fo~-t~ve (45} ealendar da)': at'er the date on
amount to the ~ within
prnvided for in this lnterlocal A~'eeme~t is completed b/the COUNTY and accepted in ~,Titmg
by the CITY.
3.05 The CITY s~all reimburae the COUNTY for the differt nce in value between the ACP and the
ACS should the latter amount exceed the former amoun,'. The CITY shall pay this differential
amount to the COUNTY within forty-five (45) calendar <:~ys after the date of final acceptance of
thc Utility work in w~ting by the CITY or within t'orty-fiv~' (45) calendar days after COL~"1~'
presents CITY with a Certificate of Completion letter.
~£C'TIO,'4 IV: AGREEMENTTERM~
4.00 Th~s lnterlocal Agreement shall remain in ful~ t'orce and effect flora the date I'u~t above written
the CTI'Y and by the COUNTY to the written satisfaction each to the other for the Utility.
undemoud that the aclual termination date herein may occur on or about the date of final approval
and acceptance of all Roadway improvements by COUNTY and subject to construction contract
warranty provisions. This date is contemplated to be subsequent to the acXual date of ftnal
approval and acceptance of the Utility Lnq.,f,~vements by the CITY.
4.01 The Roadway shall be maintained by the COL~,'TY or its assigns with respect to roadway and
drainage improvements and by the CITY, with respect to Utilities within COUNTY public
easements and/or fights-of-way. The CITY and/or its assigns shall also maintain the Utility
improvements which lie outside COUNTY public ~ta and/or rig'nts--ef-way. Moreover. the
easements and/or fights-of-way required by COL~T¥
CITY herein age-es to obtain all additiona~jtility improvements and in order that CITY may
in order that COUNTY may coustsuct the
thereaRt'r maintain the resultant Utility improvements.
The COUNTY or CITY may terminate ~ Interlocal Agreement with just and reasonable cause
4.02 prior to the completion of the Utility wodc u-pon thirty (30) days prior wTitxen notice each to the
other. In the event of such termination by either pa~y, the COUNTY shall be entitled to receive
due compensation for the value of services rendered, cons~'ucfion ped'ormed, and termination
costs as actually incurred.
~I~CTIO~ ¥; INSURANCI~
5.00 The CITY and the COUNTY shall maintain insurance in the minimum amounts and types as
required by Florida StaZe Statutes.
Page 4 of 5
OR: 2411 PG: 2098
.OI ~ CITY and tie COUNTY a~tee that ei~et ~ may be ~elf-imured on the condition tim all
. ' and ~st meet with the a~oval
~lf.~s) ~t c~ly ~ all rote
of ~e o~ ~ to ~is Inimical A~
F~. In ~ ~ a~ l~ga~ ~ ~
~ ~ ~ p~ all ~ ~ ~ ~ ~ ~ding ~eble an~ s f~.
6.02 It ~ ~ ~ ~ ~1 A~
~ ~ ~ ~g ~ ~ w~ ~k~ ~ and ~s~ilifi~ d~d
~of~.
6.03 ~ C~ ~11 ~ ~ In~l~
AS TO ~ COUNTY:
· · ', .ROARD OF COUNTY COMMISSIONERS
CPtURM'AN
· Approved as to form and legal suff~ciem'y
. for COLLIER COUNTY:
ltcidi Ashton
Assis~nt County At~omcy
AS TO THE CITY OF NAPLES:
THE CT1"Y OF NAPLES
Approved as to fo~n and legal
suffg:iency for CITY OF NAPLES:
^'FTOI~IE¥ FOR lttF-. ~ O~ NAPLES
~[/ifl~rJoCIIIJTCC.OI
T^~A c. NOm4~N ,.
DE~V crr~.
O.
~age 5 ors
OR: 2411 PG: 2099
oB1
Golden Gate Blvd.
County Project No. 63041
EXHIBIT "3,"
City of Naples Responsibilities for Extra Costs
Subsidized cote; from Weber Boulevard to $I'~ Street are due to the 36"R WM located in the proposed
roadway It/IV of the centered Urban ~yplcal Section. From $1" Street eastward, the subsidized costs are due
to the shifted Urban Typical ~ectlon to move the proposed roadway to the south of the existing 3 6"1~ WT~ .
- S 84,400
I. Subsidize Design Costs
2. Subsidize cost of Conflict Boxes between Weber Blvd. And 31" Strcct
Conflict box cost $20,000 - Standard Inlet cost $20~ - $18,000
10 boxes required $180,000
Actual cost lo be determined when in receipt of Bid
3. Subsidize P/W cost - differential cost between 20~/,~ondcmin~.iion
Cases and 40% Conderrmation Cases.
This is thc increased cost above the normal cost of estimated
Condemnation Cases ," ($331,288-S 165,64,4) -. S 165,644
In addition, the City and County should share equally any
costs in excess of the fixed tmount of S165, 644 and applicable
to the properties on the south side of the existing mad RPAr.
4. Contract documents to include a line item in the schedule of unit prices
for extra precautions (as identified by the pipe manufacturer) to be taken
by the contractor when work is perfmmed in and around the 36" RWM.
The contract drawings will show the limits of precautiouary ar~as. The
operating precautions to be recommemk"d by the City shall also place
the burden on the Contractor for proper operations with any non-compliance
resulting in pipe damage being the Contra~or's ttspous~ility. This line
item is to be paid by the City of Naples.
5. Contract docungnts to include a line item in the schedule of unit prices
for the costs to re, air a rupture to the 36" RWM, should such rt~air be
needed. Wbeve pipe damage occurs due to the condition of the pipe or
other circumstances where the contractor is not negligent or liable, This
line item is to be paid by the City of Napier This line item shall include
special pipe repair sections that contractor shall hav~ on-hand for repairs
and any such repair sections no~ used shah become ~e property of City.
6. Any future roadway damages caused by the ruptm~ / leak oftbe
City's 36"RWlvl will be repaired at ~e City's expense.
7. Prior to the City's presen~tiou to the Board ofCounty Commlsslonen,
a copy of the forensic analysis perfmmed for the C'w/on the 36" RWM
is to be submitted to the County.
8. Reimburse Collier County staff costs incurred on the project du~in$ the
period (star6~g 5/12/9'0. Costs include, b~ not limited to, analysis of typical sections,
drainage, met"tings, ~ eg. %!7,425*
9. Attendance at proposed Public Me~"~g to pttsont the shifted typical section
(if approved by the BCC) $ 3,000
SAdditional cost
Identified at Award
$Additional cost
Identified at Award
Page 2 (Exhibit "A" continued)
Golden Gate Blvd.
County Project No. 63041
EXHIBIT ~A"
City of Naples Responsibilities for Extra Costs
- TOTAL KNOW]~'~ SUBSIDY ~
PLUS ADDITIONAL TO BE KNOWN AT TIME OF AWARD
* Staff cost sm-ting 5/12/97 to 9/30/97 - Additional costs to the eno of'HOLD" to be included
8 B 1 "" '°" P'"
*** OR: 2411 PG: 2101
A~en~a Ita~ 11-&
meting of 12/03/97
I~ESOLUTICH~ 97-8135
W~E~.AS, as par= of Collier County's Road Improvement Program, ~lden Ga=e
bet~en ~ 951 a~ Wilson ~evar~, was being de~i~ed for expa~ion f=~
existing 2-lane to 4-lane road; and
~, the County's desi~ call~ for the relocation of the City's raw water
and
~, during =he past se~ral ~n~s altech%ate ~ods were evaluat~ to el~te
or r~uce the cost of the pen~ng ra~ water ~ln conflict; and
~, it has been agze~ that redesigning ~lden Gate Boulevard by shifting the
centerline approx~tely 10 feet to the south is the least costly r~y for
all panics; and
~, the City has agre~ to s~si~ze the added cost it~ :otaling $450,469.00
plus related const~ction costs; and
~, an Interlocal ~re~nt helen the City of Naples and Collier ~tY has
prepar~ o~laining the partcipation of each party.
~, ~, ~ IT ~SOL~ BX ~ ~IL OF ~ CI~ OF ~S, ~DA:
S~on 1. ~e City ~nager is muthoriz~ to excite an Interlo~l Agre~t helen the
City of Naples ~d ~llier C~ty to s~si~ze the redesi~ of the raw ~ter
line located on ~lden Gate Boulevard, a copy of which is attached hereto.
s~on 2. That this Interlocal Agre~nt shall be recorded in the P~lic Reco~s
Collier County, Florida.
~on 3. This resolution shall take effect ~ately upon adoption.
~ ~ O~ ~ ~ ~SI~ OF ~ ~ ~L OF ~ ~ OF ~, ~,
Attest:
Tara A. Norman,(Ctty C1 r
M: ~REF%COUNCIL\gES\ 97-8135
Approved as to form and legality:
Kenneth B. Cuyle~'~ity Attorney
RESOLUTION NO. 97- 45~,
A RESOLUTION OF COLLIER COUNTY,
FLORIDa,, OPPOSING ENACTMENT INTO LAW
OF PROPOSED FLORIDA HOUSE BILL NUMBER
3185, WHICH BILL INTENDS TO ARBITRARILY
REQUIRE THAT CUSTOMERS OF MANY
INVESTOR OWNED WATER AND
WASTEWATER UTILITIES WILL HAVE TO PAY
COSTS OF CAPITAL IMPROVEMENTS THAT
SHOULD BE PAID FOR BY THE UTILITY'S
FUTURE CUSTOMERS, AND WHICH BILL
WILL OVER TIME REQUIRE THAT UTILITY
CUSTOMERS MUST PAY FOR MANY
ENVIRONMENTAL COMPLIANCE COSTS THAT
SHOULD BE CHARGED TO THE UTILITY'S
STOCKHOLDERS
WHEREAS, House Bill 3185 (HB 3185) has been proposed recently for
enactment into law by action of the Florida Legislature; and
WHEREAS, proposed HB 3185 applies to the Florida Public Service
Commission and to all Florida counties that now regulate, or hereafter will
regulate, the rates of investor owned water and wastewater utilities; and
WHEREAS, a primary purpose of proposed HB 3185 is to have
"considered" for inclusion into a utility's rate base as "used and useful in the
public service" utility property, including land acquired or facilities constructed or
to be constructed if such property is needed to serve customers five (5) years (or
more than 5 years in some cases) after the expected date of the final order issued
in the respective rate increase application proceeding; and
WHEREAS, another primary purpose of proposed HB 3185 is to charge the
utility's customers the full amount of "environmental compliance costs" which
costs include, but are not limited to, all reasonable expenses and fair return on any
prudent investment incurred by the utility in complying with the requirements or
conditions contained in any permitting, enforcement, or similar decisions of any
federal, state, or local governmental agency with environmental compliance
jurisdiction; and
WHEREAS, proposed HB 3185 unnecessarily and arbitrarily restricts
each county's now existing discretion to consider the merits of approving or
disapproving the utility's appropriate "margin reserve" and in determining what
"environmental compliance costs" should be paid by the utility's customers and
which should be charged to the utility's stockholders.
8 E-I
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners of Collier County, Florida,
opposes passage of proposed HB 3185.
The Board of County Commissioners of Collier County, Florida,
requests that its local Legislative Delegation actively oppose
enactment into law of proposed HB 3185.
The Florida Association of Counties may utilize this Resolution as it
deems appropriate to oppose enactment into law of proposed HB
3185 and any substantially similar Senate Bill(s).
THIS RESOLUTION ADOPTED after motion, second and majority vote in
favor of adoption this /4~ day of_/01~(t/Aqt~_tt/t ., 1997.
A~'T. EST:
4)WIGHT E B~,,.,CK, CLERK
Approved as to fo~
and legal sufficiency:
~omas C. Palmer
Assistant CounW Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIF;,K COUNTY, FLO~DA /
' q~imodyp' LTffancock, Chairman
9 A:eq
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (.Agreement and
Release") is entered into and made on this .f~°~ day of
/~.~/c~ 1997 by and between Rookery Bay Utility Co.
("Rookery Bay"), a Florida corporation, and Collier County,
Florida (the "County"), a political subdivision of the State of
Florida (for purposes of this Agreement and Release only, the
Collier County Water-Sewer District, a separate political
subdivision of the State of Florida, whose governing board is the
Board of County Commissioners for Collier County, Florida, is
also intended to be included within the term -County" and is
deemed to be a party to this Agreement and Release).
WITNESSETH:
WHEREAS, Rookery Bay has filed an action against the
County in the United States District Court for the Middle
District of Florida, and that action is styled Rookery Bay
Utility Co. v. Collier County, Case No. 96-1-CIV-FTM-23D
(hereafter referred to as the .Lawsuit");
VFHEREAS~ Rookery Bay has alleged various claims, events,
acts and omissions in the Lawsuit and the County has filed an
answer and affirmative defenses;
WHEREAS, Rookery Bay and the County, without admitting
any liability or fault by either of them, nevertheless recognize
the cost and uncertainties of litigation and now desire to fully
and finally resolve any and all claims, known or unknown,
asserted or that could have been asserted by Rookery Bay in t~e
9 A
Lawsuit, including but not limited to all claims for damages,
inverse condemnation, equitable relief, attorney's fees, costs,
or expenses of any kind whatsoever, and also desire to fully and
finally resolve any and all claims, whether known or unknown,
that relate in any way to or arise directly or indirectly from
Rookery Bay's operation of a wastewater utility in Collier
County, Florida or the events or conduct referred to in the
complaint filed in the Lawsuit against the County except for
those matters excepted from the scope of this Agreement and
Release as is more fully set forth below;
%VHEREAS, Rookery Bay and the County desire to reduce
their settlement of the Lawsuit and all other claims that could
have been asserted in the Lawsuit or that relate in any way to or
arise directly or indirectly from Rookery Bay's operation of a
wastewater utility in Collier County, Florida or the events or
conduct referred in the complaint filed in the Lawsuit to a
writing so that it may be binding upon Rookery Bay and the County
and their respective predecessors, successors, heirs, assigns,
employees, former employees, current and former elected
officials, officers, directors, owners, agents, representatives,
attorneys, insurers, sureties and affiliates (the term affiliate
is deemed to include, with respect to Rookery Bay, Spade
Engineering, Rookery Bay Utility and any other company
associated, affiliated or related in any way to Rookery Bay);
NOW, THEREFORE, in consideration of the mutual
covenants, promises and considerations set forth in this
Agreement and Release, the sufficiency of which is hereby
acknowledged, and with the intent to be legally bound, Rookery
Bay and the County mutually agree to the following:
1. Rookery Bay and the County agree to adopt and
incorporate the foregoing recitals, sometimes referred to as
"Whereas Clauses', by reference into this Agreement and Release.
2. Rookery Bay agrees that the County shall continue to
provide wastewater service to the Shell Station or any successor
thereto or expansion thereof, located at 7130 Isle of Capri Road,
Naples, Florida 34114 (street address; see also the assessment
map attached hereto as Exhibit 1). Rookery Bay also agrees that
the County shall continue to provide wastewater service to what
is currently known as the Paradise Point RV Park/development and
all future phases of the Paradise Point RV Park/development or
any successor thereto or expansion thereof, which is located at
14500 Tamiami Trail East, Naples, Florida 34114 (street address;
see also the assessment map attached hereto as Exhibit 2).
3. Except as agreed in Paragraphs 2 and 4 of this
Agreement and Release, the County agrees to and hereby does waive
and abandon any contractual right or claimed contractual right it
may have to provide wastewater service to any entity located
within the boundaries of Rookery Bay's wastewater service
territory as that territory exists upon the effective date o~
this Agreement and Release and is defined by Rookery Bay's
grandfathered certificate, Wastewater Certificate No. 06S
(sometimes referred to herein as the 'Certificated Area"), issued
in accordance with Collier County Resolution No. 96-469 and
Collier County Ordinance No. 96-6 and the rules, regulations and
procedures of the Collier County Water and Wastewater Authority.
4. Rookery Bay agrees that the County shall have the right
to serve the entire Fiddler's Creek Community Development
District (the 'CDD") as it exists upon the date this Agreement
and Release is executed by the Chairman of the Board of County
Commissioners of Collier County, Florida. The County and Rookery
Bay agree that, to the extent the boundaries of the CDD are
expanded after that date, nothing in this Agreement and Release
shall automatically entitle the County to provide wastewater
service to that expanded portion of the CDD without agreement of
Rookery Bay or any successor if the expanded portion of the CDD
falls within Rookery Bay"s wastewater service territory as
defined by Wastewater Certificate No. 06S. Rookery Bay further
agrees that it shall, upon written request from the County,
appear before the Collier County Water and Wastewater Authority
and act to delete from its Certificated Area the necessary
acreage (see legal description attached as Exhibit 3) to allow
the County to provide wastewater service to the Fiddler's Creek
Community Development District within the boundaries of that
District as they exist upon the date this Agreement and Release
is approved by the Board of County Commissioners of Collier
County, Florida.
5. Except for any claim to enforce the terms and
conditions of this Agreement and Release, Rookery Bay, on behalf
of itself, its officers, directors, owners, employees, former
employees,~.!! successors,'~.~'Predecess°rs, affiliates,
assigns, shall and hereby does fully, finally and unconditionally
release, acquit, remise, satisfy and forever discharge the
County, its predecessors, successors, heirs, assigns, employees,
former employees, elected officials, officers, directors, owners,
agents, representatives, attorneys, insurers, sureties and
affiliates from any and all manner of action or actions, cause or
causes of action, suits, debts, dues, sums of money, reckonings,
accounts, covenants, charges, damages, obligations, liabilities,
contracts, promises, judgments, executions, claims, complaints,
whether legal or equitable and whether known or unknown which
Rookery Bay has or could have asserted in the Lawsuit, or which
Rookery Bay now has or may have against the County, whether legal
or equitable and whether known or unknown, arising out of or
relating in any way to the claims or allegations made in the
Lawsuit, or that could have been made in the Lawsuit.
6. Except for any claim to enforce the terms and
conditions of this Agreement and Release and except as provided
in Paragraph 8 of this Agreement and Release, the County shall
and hereby does fully and finally remise, release, acquit,
satisfy and forever discharge Rookery Bay, its predecessors,
successors, heirs, assigns, employees, former employees,
officers, directors, owners, agents, representatives, attorneys,
insurers, sureties and affiliates from any and all manner of
action or actions, cause or causes of action, suits, debts, dues,
sums of money, reckonings, accounts, covenants, charges, damages,
obligations, liabilities, contracts, promises, Judgments,
executions, claims, or demands, whatsoever, whether at law or in
equity and whether known or unknown, which the County had, now
has or may have against Rookery Bay, whether known or unknown and
whether legal or equitable, arising directly or indirectly out of
or relating in any way to the Lawsuit or claims that could have
been made in the Lawsuit.
7. Rookery Bay and the County each agree to waive and
release and hereby do waive and release the right to seek payment
from one another of their attorney's fees or costs incurred in
the Lawsuit.
8. Rookery Bay acknowledges and agrees on behalf of itself
and any successor that it shall not use or refer to this
Agreement and Release as a basis to oppose any action of or
remedy sought by the County/County Water and Wastewater
Authority in accordance with Ordinance No. 96-6 or any amendment
or successor to that Ordinance. Rookery Bay also acknowledges
and agrees on behalf of itself and any successor that it shall
not use or refer to this Agreement and Release as a basis to
oppose any action of or remedy sought by the Florida Department
of Environmental Protection or any other federal, state or local
agency, authority or government that has or may come to have
regulatory/legal Jurisdiction or authority of any kind over
Rookery Bay's or any successor's wastewater utility, wastewater
service territory or the Certificated Area.
9. Rookery Bay and the County agree that immediately upon
execution of this Agreement and Release by the County, Rookery
Bay shall file a stipulated Notice of Voluntary Dismissal With
Prejudice of the Lawsuit following approval of the form of that
stipulated Notice and execution by the office of the County
Attorney.
10. Rookery Bay agrees to comply with all county, state and
federal laws, ordinances and regulations in the event it ever
intends to abandon its service territory/wastewater facilities or
any portion thereof, and additionally, agrees to provide the
County Public Works Administrator with 180 days written notice of
any such intent to abandon.
11. Rookery Bay and the County agree that this Agreement
and Release constitutes the entire agreement between Rookery Bay
and the County and that there are no other agreements, oral or
written, between them relating in any way to any subject of this
Agreement and Release. In this regard, Rookery Bay and the
County agree that this Agreement and Release is the product of
mutual negotiation and no doubtful or ambiguous term or provision
9 A
hereof is to be construed more strictly against the party that
drafted/physically prepared the Agreement and Release. Rookery
Bay and the County further agree that this Agreement and Release
supersedes and replaces all prior agreements and understandings
with respect to the sttbJect matter of this Agreement and Release.
12. In the event of an alleged breach of this Agreement and
Release, Rookery Bay and the County hereby agree that the claims
asserted or that could have been asserted in the Lawsuit are
hereby extinguished and that the sole remedy for breach of this
Agreement and Release shall be for specific performance of its
terms and conditions. In this regard, Rookery Bay and the County
further agree that the sole venue for any such action for
specific performance shall be in the Twentieth Judicial Circuit
in and for Collier County, Florida in Naples, Florida.
13. Rookery Bay and the County agree that this Agreement
and Release shall be governed by the laws of the State of
Florida.
14. This Agreement and Release shall be binding upon the
predecessors, successors, transferees, affiliates (including but
not limited to Spade Engineering) heirs, and assigns of Rookery
Bay and the County.
15. The term "successor" as used in this Agreement and
Release is agreed to also include the terms "assign",
"affiliate", ,transferee", or "heir" as the context may warrant.
16. The effective date of this Agreement and Release shall
be the date it is executed by the Chairman of the Board of County
Commissioners of Collier County, Florida as appears below.
7
IN WITNESS
entered into this
above written.
~~OF, Rookery Bay and the County have
Agreement and Release on the day and year first
DATED:
ArrEST:
DWIGHT E. BROCK, Clerk
. '..'~'. ',/ ,~., ':, .~,,.'::/ ./
prmted,'Typed Name
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER COUNTY.
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COONTY WATER- ,,....
SEWER DISTRICT
~c. ~a~cocr...c~an
TIMOTHY
ROOKERY BAY UTILITY CO.
By: ~ A .5~~-
PPdSCILLA'SPADE, President
(corporate seal)
Approved as to form and
legal sufficiency:
Assistant County Attorney
8
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 7'74-8192
PROJECT NO,
PROJECT PARCEL NO.
TAX PARCEL NO.
LEGAL DESCRIPTION (NOT A SURVEY)
THE WEST ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 14. TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY.
FLORIDA.
OFFICE OF CAPITAL PROJECTS
COLUER COUNTY GOVERNMENT COMPLEX
3301 E TAMIAMI TRNL NAPLES, FLORIDA .34112
RESOLUTION NO. 97-455
A RESOLUTION APPOINTING WILLIAM E. EBBEN
TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMI'VI'EE
WHEREAS, The County Government Productivity Committee was established by the Board
of County Commissioners through tho adoption of Collier County Ordinance No. 91-10, as
amended; and
WHEREAS, Ordinance No. 93-13 provides that the Committee shall consist of 13 members;
and
WHEREAS, them is currently a vacancy on this Committee; and
WHEREAS, the Board of County Commissioners pr~,fously provided public notice
soliciting applications from intended parties;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that William E. Ebben is hereby
appointed to the County Government Pnaductivity Committee to fulfill the remainder of the
vacant term, said term to expir~ on February 4, 1999.
This Resolution adopted after motion, second and unanimous vote.
DATED: December 9, 1997
.ATTEST:.
Clerk
md lesa~,,sqlli~'iency:
County ^ttom~y
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T~M~y~(~O~K, CHAIRMAN
ADV. BD./kn
° COLLIXR COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:. Cterk to the Board: Please place the followlnl as st:
(Disphy Adv., location, crc.)
Odgi~ting DelX/Div: Comm. Dcv. Scrv./Planning Person:
Petition No. (If none, give brief _de~_~pdon): PUD-82-6(3~ [
12B
1
Petition~. (Nan~ & Addt~s): Oi~_~orv A. Wa~,~rL Granite DcYcI~L L.C.. 801 Lautcl Oak Drivc. Suite 700. Nat)lc~
Florida 341ff8
Name & Addrms of any pcrson(s) to be nodficd by Clerk's Office: (If mom spac~ is ncedcd, attach scparate sbect)
Heating before XXX BCC BZA Other
Ncwl~)~:~s) to be used: (Complete only ii' important):
XXX Naples Daily News Other I-] Legally Required
Prolx~ Texl: (lnclud~ I~al descril~ion & commo~ Ioolion & Size:
Does Petition Fee include ~sing co~? [~'~es [] No ff Yes, whal account should be charged for ad~rlising cos~:
Division Head Date Coun~ Managcr Date
Li~ AU~chments:
DISTRmUTION INSTRUCTIONS
~ For ~np ~o. BCC or B~: Ini~g ~ ~ ~p~e ~e ~y ~d obt~n Dillon Head app~M ~o~
mb~lnl m ~ Mm~. N~ ~ ~ ~~ b ~, ~ mm that ~y n~ ~ ~, or ~
for ~ b mbmi~ to C~n~ A~ ~om mbm~n~ to C~n~ M~a~r, ~ M~a~r's o~ will d~fl~
[] County ManaLper aL, enda file: to [] Requeslin~ Division F"] OHginnl
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, rctaining a copy for file.
DatcRgcch, cd: /~ /~/ Date of Public hcm'ing: /,~ DatcAdv~rtiscd: /~
/ /
12B 1-'
TOTP&. T ~ I'IE 1 ~qBI~c~I
ID
STATLF3 i.~si
TOTAL. t:IPSS 6
DEPT CODE C.,Z]I"~. CODE
12B 1
October 22, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Intent to Consider Ordinance for Petition PUD-82-6(3)
Dear Judi:
Please advertise the above referenced notice one time on Sunday,
November 23, 1997 and send the Affidavit of Publication, in duplicate,
together w}th charges involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
P. O. #800551
12B
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, DECEMBER 9, 1997, 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 94-32, SABAL LAKES
PLANNED UNIT DEVELOPMENT, BY PROVIDING FOR SECTION ONE,
AMENDES TO SECTION 4.5, MINIMUM LOT REQUIREMENTS AND
SETBACKS; AND BY PROVIDING FOR AN EFFECTIVE DATE.
Petition pLrD-82-6(3), Gregory A. Wardeberg representing
Granite Development, requesting an amendment for property
described above.
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 COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:
/s/Sue Barbiretti,
Deputy Clerk
(SEAL)
128
1
October 22, 1997
Gregory A. Wardeberg
Granit Development, L.C.
801 Laurel Oak Drive, Suite 700
Naples, FL 34108
RE: Notice to Intent to consider Petition pUD-82-6(3)
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, December 9, 1997, as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
12B'- 1
ORDINANCE NO. 97- --
AN ORDINANCE AMENDING ORDINANCE NUMBER 94-32,
SABAL LAKES PLANNED UNIT DEVELOPMENT, BY
PROVIDING FOR SECTION ONE, AMENDMENTS TO
SECTION 4.5, MINIMUM LOT REQUIREMENTS AND
SETBACKS; AND BY PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on June 14, 1994, the Board of County Commissioners
approved Ordinance Number 94-32, which re-established the Sabal Lakes
Planned Unit Development; and
WHEREAS, Gregory Wardeberg of, representing Granite Development,
L.C., petitioned the Board of County Commissioners of Collier County,
Florida, to amend Ordinance Ncunber 94-32, as set forth below;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida that:
SECTION ONE: AMENDMENT TO SECTION 4.5 MINIMUM LOT REQUIREMENTS AND
SETBACKS.
Section 4.5, Minimum Lot Requirements and Setbacks, of the Sabal
Lakes Planned Unit Development, (Ordinance 94-32), is hereby amended to
read as follows:
yard
~ ~.imum sidc yar~ ~c._ac~: - cr
an~ a minimum cf .~ c .... c cthcr
ott. cr%:i~c 15'.
...... fcr accc~cry
Nc pcrtlcn -~ '~- d%'cllin~
Words struck through are deleted; words ~ are added.
-1-
a) Minimum lot width at front yard setback:
-- 1. Rectangular Lots: 50'
2. Sul-de-sac Lots: 40'
b) Minimum lot area: 5000 Square feet
c-~ Minimum front yard setback: 20' from dedicated right-of-way
-- 1. No accessory structures are permitted in front yard
setback area.
d) Minimum side yard setback - principal structure: 0'
-- 1. The distance between any two (2) principal structures
shall be a minimum of ten (10') feet
2. The distance between a principal structure and an
adjacent accessory structure shall be a minimum of five
(5') feet
e) Minimum side yard setback - accessory structure: 0'
1. The distance between an accessory structure and an
adjacent principal structure shall be a minimum of five
(5') feet
2. The distance between any two (2) accessory structures
shall be a minimum of ten (10') feet
f) Minimum rear yard setback-principal structure
1. Interior lots: 15'
2. Perimeter lots: 20';
3. Lake front lots: 5' provided erosion control treatment
is incorporated into design{ otherwise 15'
g) Minimum rear yard setback - accessory structure: 1. Interior and perimeter lots: 10'
2. Lake front lots: 5' provided erosion control treatment
i' incorporated into design, otherwise 10'
h) No .~ortion of the dwelling or architectural features shall
prosect over any property line
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Conmmissioners
of Collier County, Florida, this
day of , 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: BY:
DWIGHT E. BROCK, Clerk
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
Marjc~ie M. Student
Assistant County Attorney
Words struck through are deleted; words ~nderlined are added.
-2-
!
BOARD OF COUNTY CO~ISSIOHERS
ATTN: NANCY ~
PO BOX &13016
N~LES FL. 3A101-5016
12B 1
REFERENCE: 001Z~C) 8CX)551
State ~ Ftor~
Before the underB~ge~U authority, per~0~Lty
~n ~tL~ ~ty, FLort~: tMt t~ ltt~
~LLt~ ~Y, FL~t~, ~ ~ t~ M~d
rotter et t~ ~t ~ftce ~n ~t~, tn ~d
~ttSer ~ty, FL~t~, f~ I ~rt~ ~ I year
~t pre~t~ t~ ftrst ~L~tt~ of t~
ette~ ~ ~ ~ertt~t; ~
~Z~ ~: 11/~
AD SPACE: 70.000 INCH
Signature of Atf~.ent
~": ': ~" f~ 19.2GGG
ORDINANCE NO. 97- 78 ...
AN ORDINANCE AMENDING ORDINANCE NUMBER 94-32,
SABAL LAKES PLANNED UNIT DEVELOPMENT, BY
PROVIDING FOR SECTION ONE, AMENDMENTS TO
SECTION 4.5, MINIMUM LOT REQUIREMENTS AND
SETBACKS; AND BY PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on June 14, 1994, the Board of County Commissioners
approved Ordinance Number 94-32, which re-established the Sabal Lakes
Planned Unit Development; and
WHEREAS, Gregory Wardeberg of, represenaing Granite Development,
L.C., petitioned the Board of County Commissioners of Collier County,
Florida, to amend Ordinance Number 94-32, as set forth below;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida that:
SECTION ONE: AMENDMENT TO SECTION 4.5 MINIMUM LOT REQUIREMENTS AND
SETBACKS.
Section 4.5, Minimum Lot Requirements and Setbacks, of the Sabal
Lakes Planned Unit Development, (Ordinance 94-32), is hereby amended to
read as follows:
..... rectangular .....
~ ..inimum -~- yard sst-as.:: a m.n.mum
an~ a m.nimum .... $ ..... st..ct ..... sr zcrc ~-' ~inc.
~ ~inimum rcsr ya ...........
.. .rent : ........
~ ..inimum roar yard ....
a~chitcctural bank trcatn-cnt i: inccr~cratcd into
6thcrui~c 15'.
of =' ....... nc accessory s~ruc~ura permitted in ~ ~ yar~
~ Acccsssry ' ' ...nimum .... yar~ zc~ac
principal .......... minimum roar sct~ac
''' in front yard __,~._u arca,
acccs~ry structurcs Foal--cd
project cvcr any prc~crty linz.
Words gtruck through are deleted; words ~ are added.
a__) Minimum lot width at front yard setback:
1. Rectangular Lots: 50'
2. Cul-de-sac Lots: 40'
b) Minimum lot area: 5000 Square feet
~ Minimum front yard setback: 20' from dedicated right-of-wa~
-- 1. No accessory structures are permitted in front yard
setback area.
d) Minimum side yard setback - principal structure: 0'
-- 1. The distance between any two (2) principal structures
shall be a minimum of ten (10') feet
2. The distance between a principal structure and an
adjacent accessory structure shall be a minimum of five
(5') feet
e) Minimum side yard setback - accessory structure: 0'
1. The distance between an accessory structure and an
adjacent principal structure shall be a minimum of five
(5'] feet
2. The distance between any two (2) accessory structures
shall be a minimum of ten (10') feet
f_J_) Minimum rear yard setback-principal structure
1. [nterior lots: 15'
2. Perimeter lots: 20';
3. Lake front lots: 5' provided erosion control treatment
is incorporated into designt otherwise 15'
g) Minimum rear yard setback - accessory structure: 1. Interior and perimeter lots: 10'
2. Lake front lots: 5' provided erosion control treatment
is incorporated into design, otherwise 10'
h) No portion of the dwelling or architectural features shall
project over any property line
SECTION. TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Cor~missioners
of Collier County, Florida, this^ ff~ day of~ ~~, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID~
ATTEST:' . . ¢- BY:
DWIGHT E.'BROCW, C~erk TIMOT~YA: H~COCK/ ~hairman
Approve~ ~s~9*~orm and Legal Suff;.ciency:
M . Student
Assistant County Attorney
f/t'on/bk
Words s~rugk throgqh are deleted; words underlined are added.
-2-
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. 97-78
Which was adopted by the Board of County Commissioners on the 9th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Co~lnissioners of Collier County, Florida, this 10th day of December,
1997.
Clerk of Courts and ~e~
Ex-officio to Board~f"
dyfe,~ '
!. 2B'" 1
I
2
4
6
8
9
I0
I1
12
ORDINANCE NO. 97-
AN ORDINANCE AMENDING ORDINANCE NUHBER 94-
32, SABAL LAKES PLANNED UNIT DEVELOPMENT, BY
PROVIDING FOR SECTION ONE, AMENDMENTS TO
SECTION 4.5, MINIMUM LOT REQUIREMENTS AND
SETBACKS; AND BY PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on June 14, 1994, the Board of County Commissioners
13 approved Ordinance Number 94-32, which re-established the Sabal Lakes
14 Planned Unit Development; and
15 WHEREAS, Gregory Wardeberg of, representing Granite Development,
16 L.C., petitioned the Board of County Commissioners of Cc!liar County,
17 Florida, to amend Ordinance Number 94-32, as set forth below;
18 NOW, THEREFORE BE IT ORDAINED by the Board of County Com~[ss:oners
19 of Collier County, Florida that:
20
2! SECTION ONE: ;%MENDMENT TO SECTION 4.5 MINIMUM LOT REQUIREMENTS AND
SETBACKS.
24 Section 4.5, Minimum Lot Requirements and Setbacks, of the Sabal
Z5 Lazes Planned UnLt Development, (Ordinance 94-32], :5 hereby amended to
26 read as follows:
27
2~
29
3O
32
33
34
36
37
39
4O
41
42
43
44
45
47
49
53
5,000
~-~ Accc=:sry structurc=~ ...nimum ..... yard ........
accc:c~ry ~r~cturcs pc rr. ittc~ in ' .... ~ -^'~--~ arca.
i Words struck through are deleted; words underlined are added.
I
3
4
?
~0
II
I?
I!
19
26
Minimum lot width at front yard setback:
i. Rectangular Lots: 50'
2. Cul-de-sac Lots: 40'
Minimum lot area: 5000.Square feet
Minimum front yard ~etback: 20' from ~edica%e~ richt-of-way
' NO accessory structures are perm~tte~ ~n front yard
setback area.
Minimum side yard setback - principai structure:
i. The distance between any two (2} ~rlncl~a~ str~ctures
shall be a minimum of ten Ii0'] feet
2. The distance between a principal structure and an
adjacent accessory structure shall be a minimum of flys
~5'~ feet
Minimum side yard setback - accessory structure: 0'
1. The distance between an accessory structure and an
adjacent principal structure shall tea minlmum of five
(5') ~eet
2. ?he distance between any tvo ~2~ accessory structures
shall be a minimum of ten (i0') feet
~,i]nimum rear yard setback-principal !. interior lots: 15'
2. Perimeter lots: 20';
3. Lake front lots: 5' provided eres:cn control treatment
incorporated into desion, otherwise
Minimum rear yard setback - accessory strut%ute: I. Inter,or and perimeter lots: 10'
2. Lake front lots: 5' provided erosion control treatment
)M Is incorporated into design, otherwise
~ h) No portion of the dwelling or architectural features shall
~ project over any property line
]l £ECii~N TWO: EFFECTIVE DATE
32 This ~rdlnance shall become effective upon f~!~ng wlth the
)3 2epart~ent cf State.
34 PASSED AND DULY ADOPTED by the BoarJ of County Com~kss~oners
c~ Collier County, Florida, this
40
41 ATTEST: BY:
45
46
47 Approved as to Form and Legal Sufficiency:
48
49
S! Hari~rie M~'~tudent
)~ .Assistant C~unty Attorney
day of , 1997.
BOARD OF COUNTY CCMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOC?~, Chairman
Words ~truck through are deleted; words underlined are added.
'2-
COLLIER COUNTY FLORIDA
REQU~T FOR I.lCGAL ADVERTISING OP PUBLIC HKARINGS
To: Clerk t~ the Bozrd: Phmte pl~ce the folk~rtng ~u ~:
12B 2'
OdShmting Dept/Div. Comm. Dev. So'v~annmg
Perlon: Date:
Petition No. (H' w.,ne, give brief dcsc~l:,(ion): FUD-93-1(~)
Petitioner. (Name & Addr~): WCl Communities. LP.. 24301 Walden Center Drive. Bonita Springs. FL 34134
Vm.swte~_ yonn~ v~n.J, mpnderD & V~_ ~01 1-~el Oak Driv~ Suite 300. Naulet F! 34101'. Mr. Sleven Atk~ 1~.
~ of _R~..~nnl [t.v~'~_ Section_ Sta~ Of Florh4~ Detm'try~-m of~ .~'nnlrt 2740 C_-~,--view ~ TalL~h~mw..
32399'. Mr. Daniel TresexXL DRI Coordinnl~. ~ArFRPC. P.O. Box 3455. N. FL Mvert FL 33913
Noeqxq~(s) to be used: (Complete only if important):
XXX Naples Daily Newx
O~her [=-] Legally Required
Proposed Texl: (Include legal description & common location & Size:
Comp~on petitioG(s), ir any & p~x~d hearing da, e:
Does Petition Fee include advertising co~? [~es f-] No If Yes. what account should be charged for advertising costs:
Division Head Date Counpy Manager Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
For bearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necemary legal review, or request
for same, is submitted to County Attorney before mbmltting to County Manager. The Manager's office will distribute
1"-] County Manager agenda file: to
CleriCs Office
['"] Requesting Division
[] Original
B. Other hearings: Initiating Division head to approve and submit original to Clcrk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY:
DaleReeeived: /t//~/9~ Date of Public hearing: /~/~/~? DatcAoN~niscd: ,,//-'~,/:;?
llillililillillilillilililililililiilili!!lilllllilllilil, illili
Iili1111111111111111111111111111111111111111iiii11111111111111
ELLIE ~ -~ & I~ECO]U)S
11-191 13:42 o~'~' 11
Ii
Datm
?:Lne sant::/D..'~/~'
12B-2 '
November 17, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition PUD-93-1(3)
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, November 23, 1997, 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
12B 2
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on T~Y, DE~ER 9, 1997, 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 AME;fDING ORDINANCE NUMBER 91-102, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSI'v'E
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENqDING THE OFFICIAL ZONING ATLAS MAPS
8525N, 8525S, 8527N, 8527S, 8534N, 8534S, 8535N; 8535S, 8536N,
8536S AND 853536 BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD' TO "PUD" PLAN-NED
UNIT DEVELOPMENT KNOWN AS PELICAN MARSH, FOR PROPERTY LOCATED
IMMEDIATELY NORTH OF AND CONTIGUOUS TO V~uNDERBILT BEACH ROAD
(C.R. 901), US 41 NORTH, TO THE PLANNED LIVINGSTON ROAD
RIGHT-OF-WAY IN SECTIONS 25, 27, 34, 35 & 36, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
2072.88 ACRES, MORE OR LESS; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 95-1, AS AMENDED, THE FORMER PELICAN MARSH
PUD; AND BY PROVIDING AN EFFECTIVE DATE. (COMPANION TO
DOA-97-4)
Petition PUD-93-1(3), Mr. George L. Varnadoe of Young, van
Assenderp and Varnadoe, P.A., representing WCI Communities, L.P.,
requesting a change in the zoning classification of the property
as described above.
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 COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By:
/s/Ellie Hoffman,
Deputy Clerk
(SEAL)
12B 2
November 17, 1997
WCI Communities, L.P.
24301 Walden Center Drive
Bonita Springs, F1 34134
Re: Public Hearing to Consider Petition PUD-93-1(3)
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
12B 2
November 17, 1997
Mr. Daniel Trescott, DRI Coordinator
Southwest Florida Regional Planning Council
P. O. Box 3455
North Ft. Myers, FL 33913
Re: Public Hearing to Consider Petition PUD-93-1(3)
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
12B-2
November 17, 1997
Mr. Steven Atkins, Planner
Development of Regional Impact Section
State of Florida
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
Re: Public Hearing to Consider Petition PUD-93-1(3)
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
November 17, 1997
Mr. George L. Varnadoe
Young, vanAssenderp & Varnadoe
801 Laurel Oak Drive, Suite 300
Naples, FL 34101
Re: Public Hearing to Consider Petition PUD-93-1(3)
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
ORDINANCE 97-
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 COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAPS
NUMBERED 8525N, 8525S, 8527N, 8527S, 8534N,
8534S, 8535N, 8535S, 8536N, 8536S AND
853536 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS PELICAN MARSH, FOR
PROPERTY LOCATED IMMEDIATELY NORTH OF AND
CONTIGUOUS TO VANDERBILT BEACH ROAD (C.R.
901), US 41 NORTH, TO THE PLANNED
LIVINGSTON ROAD RIGHT-OF-WAY IN SECTIONS
25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 2072.88 ACRES, MORE OR LESS;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 95-1, AS AMENDED, THE FORMER PELICAN
MARSH PUD; AND BY PROVIDING AN EFFECTIVE
DATE. (COMPANION TO DOA-97-4)
WHEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe,
P.A., representing WCI Communities, L.P., petitioned the Bcard 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 herein described real property
located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 26
East, Collier County, Florida, is changed from "PUD" to "PUD" Planned
Unit Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Maps numbered 8525N, 8525S, 8527N,
8527S, 8534N, 8534S, 8535N, 8535S, 8536N, 8536S and 853536, as described
in Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
SECTION TWO:
12B 2.:
SECTION THREE:
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.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to Form and
Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
BY:
TIMOTHY L. HANCOCK, Chairman
f/~D-93- ! (3)
12B-2 '
PELICAN MARSH COMMUNITY
A
PLANNED UNIT DEVELOPMENT
2072.88 -I- Acres Located in Sections 25, 27, 34, 35 & 36
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
WCI COMMUNFrIES, L.P.
2~301 Walden Center Drive
Bonita Springs, Florida 34134
PREPARED BY:
WILSON, MILLER, BARTON & P~, INC.
3200 Bailey Lane, Suiu: 200
Naples, Florida 34105
PUD 93-1, ORDNANCE 93-27 - ORIGINAL
PUD 94-9(1), ORDINANCE 95-50 - AMENDMENT (SCRIVENER'S ERROR)
PUD 94-9, ORDINANCE 95-4 - AMENDMENT
DATE FILED 10/31/94
DATE REVIEWED BY CCPC 115195
DATE APPROVED BY BCC !/24/95
ORDINANCE NUMBER 95-4
TABLE OF CONTENTS
LIST OF EXHIB~S
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION H
SECTION Ill
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
LEGAL DESCRIFrlON, PROPERTY OWNERSHn~, &
GENERAL D~ON
PROJECT DEVELOPMENT
RESIDENTIAL, DISTRICT
GOLF COURSE, RF_/ZREATION & OPEN SPACE
DISTRICT
KESERVE DISTRICT
CULTURAL CENTER DISTRICT
ACTIVITY CENTER DISTRICT
GENERAL DEVELOPMENT COMMITMENTS
2-1
3-1
4-1
5-1
6-1
7-1
IL1
12B 2
LIST OF EXI:IIBITS
MASTER PLAN (WMB&P, Inc. F'de No. R7_,-219-H)
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the WCI Communities, L.P., hereinafter
referred to ~s WCI or the Developer, to create a Planned Unit Development (PUD) on
2072.88:1: acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25
East, Collier County, Florida. The name of this Planned Unit Development shall be Pelican
Marsh Community. The development of Pelican Marsh Community will be in general
compliarroe with the planning goals and objectives of Collier County as set forth in the Growth
Management Plan. The development will be consistent with the growth policies and land
development regulations adopted thereunder of the Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
The subject property is within the Urban Mixed Use DistrictdUrban Residential
Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the
Future ~ Use Elenm~ (FLUE). The purpose of the Urban Residential Subdistrict is
to provide for higher demity residential uses in an area with relatively few natural
resource constnints and where existing and planned public facilities are concentrated.
The proposed demity of Pelican Marsh Con-~iunity is 2.5 units per acre and less than
the maximum density permitted by the FLUE Density Rating System and is therefore
comistent with Future Land Use Element Policy 5.1. The entire subject property
qualifies for a base density of four units per acre. Certain parts of the subject property
are further subject to density adjustments including a proximity to Activity Center density
bonus, roadway access density bonus, and long range traffic congestion area and
interconnecfion density reduction, which when taken collectively and applied to the
property yield an allowable density gre~ter than three units per acre.
Pelican Marsh Community is compatible with and compl~ to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
°
Improvements are planned to be in substantial compli~xr~e with applicable land
development regulations as set forth in Objective 3 of the Future Land Use Element.
The development of Pelican Marsh Community 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.
Pelican Marsh Community is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as may be
required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
Pelican Marsh Community is a large scale functionally interrelated community, and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier
County Land Development Code Planned Unit Development District.
iii
o
Pelican Marsh Community repr~ents a large scale infill community within the Urban
District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land
SHORT TITLE
This ordiname shall be known and cited as lhe 'PELICAN MARSH COMMUNITY PLANNED
UNIT DEVELOPMENT ORDINANCE'.
IOfl&~l~-3~l $ Vet Olt-A~md~lu iv
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIFrlON
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Pelican
Marsh Community, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
PELICAN MARSH, being approximately 2072.88 acres, is legally described as follows:
BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East,
Collier County, Florida;
thence along the west line of said Sectiol127 and the easterly right-of-way line of U.S. 41
North 00038'20' Weat 2623.40 feet to the west I/4 corner of said Section 27;
thence continue along the west line of said Section 27 and said right-of-way North
00039' 12" West 827.69 feet;
thence leaving said line North 89020'45" Fast 3844.57 feet to the westerly right-of-way
line of proposed Goodlette-Frank Road as recorded in Plat Bc~k 13, page 58, Public
Records of Collier County, Florida;
thence along said weaterly right-of-way line in the following four (4) described courses;
1) South 05°34'48' East 3545.96 feet to the south line of said Section 27;
2) South 05°33'10- East 2642.17 feet;
3) southerly 620.87 feet along the arc of a circular can've concave westerly having a
radius of 2799.93 feet through a central angle of 12042'18" and being subtended
by a chord which bears South 00~47'59' West 619.60 feet;
4) South 07°09'08' West 1675.64 feet to the boundary line of the plat of Pine Ridge
Second Extension as recorded in Plat Book 10, page 86 of the Public Records of
Collier County, Florida;
thew~ along the boundary of said Pine Ridge Second Extension in the following eight (8)
deacribed courses;
1)
2)
3)
4)
5)
6)
7)
South 89~50'58' Wean 88.21 feet;
North 31034'00' West 120.19 feet;
North 05037. 10' West 956.47 feet;
South 74°46'39" West 379.98 feet;
South 12°04'43" East 23.53 feet;
South 87°09'43' West 272.40 feet;
northwesterly 1854.46 feet along the arc of a non-tangential circular curve
concave southwesterly having a radius of 1640.26 feet through a central angle of
64046'40" and being subtended by a chord which bears North 48050'02" West
1757.26 feet;
1~14~7-~1915 ¥~ GH..t, hn~a
1-1
8) North 81°13'22" West 737.85 feet;
thence leaving said plat boundary North 00003'39" West 707.85 feet;
thence South 89"33'32" East 336.81 feet;
thence North CX)°26'28" East 180.64 feet;
thence northerly 37.60 feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 16°34'19" and being subtended by a
chord which bears North 08°43'37" East 37.47 feet;
thence North 17000'47. East 181.41 feet;
thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly
having a radius of 395.00 feet through a central angle of 94°59'52" and being subtended
by a chord which bears North 30029'09" West 582.44 feet
thence North 77°59'05" West 144.30 feet;
thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly
having a radius of 800.00 feet through a central angle of 29°59'57" and being subtended
by a chord which bears North 62°59'06" West 414.10 feet
thence North 47°59'08. West 100.03 feet;
thence westerly 615.18 feet along the arc of a cixcular curve conceive southerly having a
radius of 826.09 feet through a central angle of 42040'04" an~. being subtended by a
chord which bears North 69°19'10" West 601.07 feet;
thence South 89020'48. West 204.55 feet to the west line of said Section 34, and the east
right-of-way line of U.S. 41;
thence along said line North 00039'20" West 665.92 feet to the Point of Beginning;
LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book
22, pages 88 through 89 Public Recc, rds of Collier County, Florida being more
particular described as follows;
BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89°33'32'' East
306.56 feet to a point on the west line of Tract WF-I (Drainage Easement) according
to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public
Records of Collier County, Florida;
thence along said line South 00°00'00" East 481.17 feet to a point on the north line of
Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five,
Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida:
thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve
concave to the southeast, having a radius of 2430.00, through a central angle of
07°13'26- and being subtended by a chord which bears South 88°15'16'. West 306.17
feet to a point on the boundary of said Pelican Marsh Unit Five;
thence along said line North 00°03'39'' West 492.87 feet to the POINT OF
BEGINNING of the parcel herein described;
Containing 3.40 acres more or less;
Subject to easements and restrictions of record.
Bearings are based on the north line of said Pelican Marsh Unit Five being South
89°33'32- East.
I-2
containing 573.98 acres more or less;
subject to ~m~nts and restrictions of record;
TOGETHER WITH THE FOLLOWING DESCRIB ,ED PARCEL:
All that pan of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the ,vest 1/4 corner of said Section 27;
thence along said ,,vest line North 0(Y'39' 12" West 827.69 feet;
~ leaving said l!ne North 89~20'45" East 577.78 feet to the POINT OF
BEGINNING of the parcel herein described;
thence North 57°47'59' East 46.92 feet;
thence North 68°35'21' East 110.88 feet;
thence North 00"39' 12' West 187.52 feet;
thence North 77°43'40"
thence South 72°59'03"
thence South 00~39' 15'
thence Nor, h 89~20'45"
therr~ South 0(Y'39' 15"
thence South 89"20'45"
descn'bed;
East 573.08 feet;
East 785.48 feet;
East 27.71 feet;
East 503.78 feet;
East 100.64 feet;
West 1957.22 feet.to the Point of Beginning of the parcel herein
Subject to easements and restrictiom of record.
Containing 9.5 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00039, 12" West;
AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that pan of Section 27, Township 48 South, Range 25 East, Collier County, Florida
and being more particularly described as follows:
Commencing at the west one quarter corner Section 27, Township 48 South, Range 25
East;
thence along the west line of said Section 27 North 00~39' 12" West 827.69 feet;
thence leaving said section line North 89~20'45" East 55.00 feet to the Point of
Beginning of the area thereon described;
thence No~th 89"20'45" East 366.45 feet;
thence South 00°39' 15" East 34.09 feet;
thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave
southwesterly having a radius of 70.00 feet through a central angle of 38°45'23" and
being subtended by a chord which bears South 64°19'09" East 46.45 feet to a poim of
com. tx~nd curvature;
I-3
thence southerly 259.6-3-53 feet along the arc of a cimular curve concave westerly having
a radius of 197.21 feet through a central angle of 750'24'06' and being subtended by a
chord which bears South 07°14'23' East 241.20 feet to a point of reverse curvature;
thence southerly 151.40 feet along the arc ora circular curve concave easterly having a
radius of 130.00 feet through a central angle of 66°43'37' and being subtended by a
chord which bears South 02°54'07, East 142.99 feet to a point of reverse curvature;
thence southerly 120.22 feet along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98o24, 12' and being subtended by a chord
which bears South 12°56. 10' West 105.98 feet;
thence South 62°08'16, West 75.07 feet;
thence southerly 48.75 feet along the arc of a circular curve co,.-~c, ave easterly having a
radius of 30.00 feet through a ce~U~ll angle of 93O06'13* and being subtended by a chord
which bears South 15~35'10" West 43.56 feet;
thence -'~-- South 30'57'58' East 34.79 feet;
thence ~outherly 19.94 feet along the are of a circular curve concave westerly having a
radius of 80.00 feet through a central angle of 14°16'43- and being ~btended by a chord
which bears South 23°49'37- East 19.89 feet;
thence along a non-tangential line South 84°13'14- East 158.41 feet;
thence South 80'55'24' _g~t 183.78 feet;
thence South 81°52'51' East 180.90 feet;
thence North 9(Y~0'00' We~t 394.57 feet;
thence North 00'00'00' East 271.73 feet;
thence North 84°13'14~ West 120.32 feet;
thence South 33O05'40' West 54.13 feet;
thence South 76°56'51' W~st 89.04 feet;
thence North 58°35'21- West 65.19 feet;
thence North 15°31 '55' West 74.80 feet;
thence North 00'41 '41' West 115.24 feet;
thence North 28~22'47' East 171.51 feet;
then~ North 17°11'45' West 106.79 feet;
thence North 13~Y2'52' East 28.51 feet;
thence West 54.78 feet;
thence West 112.78 feet;
thence We~t 53.08 feet;
thence West 50.49 feet;
West 303.49 f~t to the Point of Beginning of the area herein
North 73°36. 14"
South 49"16'08"
South 89~47'08'
North 58°00'49"
thence North 00°39. 12'
described;
Containing 7.8 acres more or less;
Subject to easements and restrictiom of record;
Bearings are based on the west line of Section 27. Township 48 South, Range 25 East,
Collier County, Florida being North 00039. 12' West;
and
I-4
Ali that part of Section 27. Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thew~ along said west lira North 00~9'12" West 827.69 feet;
tlma~ leaving said linc North 89~20'45' East 2469.55 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89020'45" East 787.88 feet;
thence South 84°45'32" West 23.43 feet;
thence South 74°56'42" West 121.32 feet;
~ South 79°49'51" West 45.93 feet;
thence westerly 45.51 feet along the arc ora tanged_ti.! circular curve concave to the
north having a radius of 66.00 feet through a central angle of 39°30' I6" and being
subtended by a chord which bears North 80°25'01" West 44.61 feet to a point of reverse
curvature;
thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the
south having a radius of 1~0.00 feet through a central angle of 20012'57" and being
subtended by a chord which beara North 70°46'21" West 52.65 feet;
thence North 80052'50" Went 36.59 feet;
thence westerly 46.17 feet along the arc of a tangential circular curve concave to
south having a radius of 80.00 feet through a central angle of 33°04' 13" and bein§
subtended by a chord which bears South 82°35'04" Weal 45.54 feet to a point of reverse
cutwature;
thence westerly 38.16 feet along the arc of a tangential circular curve concave to the
north having a radius of 60.00 feet through a cermal angle of 36026' 18" and being
subtended by a chord which bear~ South 84°16'06" West 37.52 feet to a point of reverse
curvature;
therc, e westerly 68.84 fee! along the arc of a tangential circular curve concave to the
south having a radius of 305.00 feet through a central angle of 12°55'58" and being
subtended by a chord which beara North 83058'44" West 68.70 feet;
thence South 89°33'17" West 18.36 feet;
thence South 89"39' 11"
thence North 89*35'03"
thence South 86°06'33"
thence South 83°44'08"
thence South 51~01 '05"
thew~ South 33025'42"
thence South 15039'57"
thence South 10'54'31"
thence South 89020'06"
thence North 10°45'58"
described;
West 71.63 feet;
West 36.03 feet;
West 42.94 fete,;
West 26.23 feet;
W~t 27.49 feet;
West 19.95 feet;
West 20.54 feet;
West 34.64 feet;
West 101.06 feet;
East 101.42 feet to the Point of Beginning of the parcel herein
Subject to ea$cn~nts and restrictions of r~cord.
Containing 0.48 acm mor~ or leas.
Beatings ar~ based on th¢ west lin~ of said Section 27 aa being North 00'39' 12" West;
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being mom particularly described as follows:
Commo~ing at the west 1/4 corrgr of said Section 27;
thence along said west line North 0(F39' 12' West 827.69 feet;
tlmx~ leaving said line North 89*20'45' East 3401.12 feet to the POINT OF
BEGINNING of the parcel herein described;
t.hcnx:e continue North 89°20'45' East 443.43 feet;
therr, e South 05°34'48' East 147.72 feet;
thex~ South 89~20'45' West 51.56 feet;
theme North 23°56'01' West 13.07 feet;
then~ northerly 30.72 feet along the are of a tangential circular curve concave to the east
having a radius of 80.00 feet through a central angle of 21°59'53' and being subtended
by a chord which bears North 12°56'04' West 30.53 feet;
thence North 05~01'01' West 31.56 feet;
thence North 36°19'27- West 32.02 feet;
ttma:e North 56'04'43' West 35.11 feet;
thence North 80"39'23' West 32.53 feet;
thence North 88'39'20' West 97.78 feet;
thence North 86~4'48' West 45.79 feet;
thence North 89'49'56' West 132.77 feet;.
ttmaee North 69~40' 18' West 37.23 feet to the Point of Beginaing of the parcel herein
Subject to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearin~ are based on the west line of said Section 27 as being North 00"39'12' West;
AND TOGETHER WITH TH~ FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northwest comer of said Section 35;
thence along the north line of said Section 35 North 89"45'35' East 5231.69 feet to the
west right-of-way line of Airport-Pulling Road (C.1L 31);
thence along said westerly right-of-way lin~ South 00'31'47' East 5258.31 feet to the
south line of said Section 35;
thence al6ng said south line South 89~39'22' West 2541.65 feet to the south 114 comer
of said Section 35;
tlmac~ continue along said south line South 89039'32- West 2641.33 feet to the southwest
comer of said Section 35;
thence along the south lira of said Section 34 South 89'51'02' West 391.57 feet to the
boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of
Collier County, Florida;
thence along the boundary of said parcel North 01"03'33' West 295.29 feet;
thence comim~e along the boundary of said parcel South 89~51'02' West 443.28 feet to
the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book
13, page 58 of the Public Records of Collier County, Florida;
thence along said easterly right-of-way line North 07°09'08' East 1729.52 feet;
1-6
12B 2
thence contizme along said easterly fight-of-way line northerly 649.69 feet along the arc
of a ch'culaz curve concave westerly having a radius of 2929.93 feet through a central
angle of 12'42'18' and being subtended by a chord which bears North 00°47'59' East
648.37 feet;
thence continue along said fight-of-way line North 05033'10" West 2628.44 feet to a
point on the north line of said Section 34;
t/~vt.e leaving said fight-of-way line and along the north line of said Section 34 South
89"31'31" East 7'/2.91 feet to the Point of Beginning;
containing 708.39 acres more or less;
subject to easements and restrictiom of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the northeast corner of said Section 36;
thence along the east line of said Section, South 02012'03'
East 2671.63 feet to the east 1/4 corner of said Section 36; thence continue along the east
line of said Section 36 South 02~6'28' East 2519.08 feet to a point on the northerly
fight-of-way line of Vandet'oilt Beach Road;
thence along said northerly right-of-way ~ North 89~39'39" West 2855.35 feet;
thence cominue along said lira North 89"43'59' West 2544.87 feet to a point on the
eaaterly right-of-way line of Airport-Pulling Road (C.R. 31);
thew~ along said easterly right-of-way lira North 00~1'47' Wear 4490.03 feet to the
soathwest comer of the east 15 feet of the west 115 feet of the south 80 feet of the north
619.49 feet of said Section 36;
tbew~ along the ~uth lin: of said land North 89~27'57' East 15.00 feet;
thetx:~ along the east line of ~aid land North 00~31'47' West 80.00 feet;
thence along the north lin~ of said land South 89a27'57' West 15.00 feet to the east right-
of-way line of Airport Road (C.IL 31);
thence along said right-of-way North 00~1'47' West 539.49 feet to the north line of said
Section 36;
thence along said north line North 8927'57' East 3914.28 feet to the southwest corner of
the east 1/2 of the east I/2 of said Section 25;
thence along the west line of th~ east 1/2 of the east 1/2 of said Section 25 North
01'54'09" West 2668.19 feet;
thence contimm along the west line of th~ east I/2 ofth~ east 1/2 of said Section 25 North
01'57'16' West 2567.06 feet to a point on the southerly right-of-way line of Immokalee
P,x~ad (C.R. 846);
thence along said right-of-way North 89~14'36' East 1325.57 feet to the east line of said
Section 25;
thence along said east line of Section 25 South O2'06'59" East 2569.75 feet to the east
1/4 corner of Section 25;
thert~ continue along said east line of Section 25 South 02~30'46' East 2670.97 feet to
the Point of Beginning;
containing 789.67 acres more or lcs~;
total parcel contains 2076.28 2,072.88 acres more or leas;
i-7
mbject to e~,ments ~d r~'trictiom of r~n~d;
be~ring~ ~ based on the Sure Plane Coordinat~ 1983 datum 1990 adjustment, the r~rth
line of Section 35, being North 89~45'35' East.
1.1 PROPERTY OWNERSHIP
The subject property is currently under [be equitable ownership or control of WCI
Communities, L.P., whose address is 24301 Walden Ceza~ Drive, Bonita Springs,
Florida 34134. Detailed ownership information is provided on Auachmeut 4-1 of the
P~lican Marsh Community Application for Development Approval.
1.2 GENERAL D~ON OF PROPERTY
Ao
The project site is located in Sectiom 25, 27, 34, 35, & 36 Township 48 South,
Range 25 East, and is gem'rally bordered on thc west by Tamiami Trail North
(U.S. 41); on the north by uraleveloped land, V~ia Park Subdivision, Crc~:cnt
Lake Esmes, Four Seasom and hnmokalee Road (C.R. 846); on the east by the
fum~ Livingston Road; and on th~ south by Pine Ridge Subdivision and
Vanderbilt Beach Road, Momer~ PUD, Enz'rald Lakes PUD, and Vineyards
PUD. The location of fig site is shown on Map A of thr Pelican Marsh
Community Application for Development Approval.
The zoning classification of the subject propeixy as of this submittal is PUD
(Planned Unit Developmem), A (Rural Agricultural) and A-ST.
Elevations within the sit~ range from 6' to 14' above mean sea level with an
average of approximately 11.0 feet. Per FEMA Fum Map Panels Nos. 120067-
0193D, 0195D, 0381D, and 0385D dated Jur~ 3, 1986, the Pelican Marsh
property is located within both zones "AE" and "X". Topographic mapping is
shown on Map C of th~ l~liean Marsh Conmmnity Application for Development
Approval.
Tbe soil types on the site germ'ally include Immokale~ fLr~ sand; Myakka fmc
sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine
sand; Fort Drum and Malabar high fm~ sands; Boca fmc sand; Chobee, Winder
and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca,
Riviera, limeston~ substratum; Copeland ftm sand; Holopaw fine sand; Urban
Land; Urban Land Holopaw Basinger Complex; Urban Land Imrnokalee Oldsmar
Limestone Substratum complex: SatelEte Ftn~ sand; and Urban Land Satellite
Complex. Soil Conservation ?m'vtc~ mapping of soil typ~ is shown on Map E of
the l~:lican Marsh Community Applica6on for Developtrm~ Approval.
Eo
Prior to development, vegetation on sim primarily cons~ed of agricultural fields,
(active and abandoned) including agricultural facilities, pine flatwoods, Brazilian
m4~.ms, v~,,~.~., i-I
Fo
Pepper, and Mclaleuca dominated areas, Cyprus and mixed pine and Cyprus,
disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is
shown on Map F of ~ Pelican Marsh Couu,,urfity Application for Devclopmen~
Approval.
The projec~ sim is loc_~_M witl~ I~e Cocohatchee River Basin as depicted within
the Collier County Drainage Atlas (1993). The general surface drainage pattern
of Ox: site west of Airport Road runs in a south to north din:c~ion into the Pine
Ridge Canal. The drainage ~ of ti~ sir~ east of Airport Road mm in a east
to west direction into th~ Airport Road Canal. Bo~h canals eventually disch,~ge
on Map I of the Pelican Marsh Community Application for Dcvelopmo'~t
Approval.
1.3 DEVELOPMENT OF RF~IONAL IMPACT
1.4
Due to its scope, the l%lican Mush Community has been reviewed and approved by
Collier County pursuant to Section 380.06, Ell21:i~L_~alul~, as a Development of
R~gional Impact (DRI). Developer has also received approval from the Florida
Deparunem of Community Affairs (DCA) for an application for a Preliminary
Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh
Community. This approval provided the State's authorization for the commencemcm and
development of the fu-st phase of the communiF, which is below 80% of any applicable
DRI threshold.
DENSITY
Acreage of the Pelican Marsh CommuniF is approximately 2072.88 acres and the
number of dwelling units authorized to be built pursuant to this PUD is 5100. The gross
project density, therefore, will be a maximum of 2.5 units per acre.
At all times all property included within the Pelican Marsh Community shall be included
in determining project density including property reserved or dedicated for public uses,
such as, but not limited to, public roadways.
I-9
2.1
SECTXON H
PROJECT DEVELOPMENT
The purpose of this Section is to generally describe the plan of development for Pelican
M~rsh Community, and to identify relationships ~ applicable County ordinances,
policies, and procedures.
2.2 GF.2ql~AL DF.~CRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
2.3
Pelican Marsh Community, a private community, will include a broad range of single
family and multi-family housing, 63 holes of golf with clubhouses and other associated
facilities, a master planned activity center including a r~sort hotel and cultural facilities.
stormwat~ mamgement lake~, open spaces, and reserve areas.
The fritter Pith is illustrated graphically on WMB&P, Inc. File No. RZ-219-H. A
Land Use Summa~ indicating appw~ land use acreages is shown on the plan. The
location, size, and configuration of individual wacts shall be determined at the time of
Prelimirutry Subdivision Plat approval with minor adjustments at the time of Final Plat
approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County
Land Development Code.
GENERAL COMPLIANCE WITH COUNTY ORDINANCES
mo
Regulations for development of Pelican Marsh Community shall be in accordance
with the contents of this PUD Ordinance and applicable sections of the Collier
County Land Development Code (to the extent they are not inconsistent with this
PUD Ordinance) which are in effect at the time of is.samrt..e of any development
order to which said regulations relate which authorizes the construction of
improvements, such as but not limited to Final Subdivision Plat, Final Site
Development Plan, Excavation Permit and Preliminary Work Authorization.
Preliminary Work Authorization was approved by the Board of County
Commissioners on May 20, 1993 and amended on April 19, 1994. Wher~ this
PUD Ordinance or subsequently adopted Community Design Guidelines and
Standards fail to provide developmental standards, then the provisions of the most
similar zoning district or section of the Collier County Land Development Code
shall apply.
Bo
Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the del'tuitions set forth in the Collier
County Land Development Code in effect at the t~ of development order
application.
12B 2
Co
Fo
Dcvelopn~nt permitted by the approval of this PUD will be subject to a
concurremy review under the Adequate Public Facil~ Ordimme Article 3.
Division 3.15 of the Collier County Land Developme~ Code.
Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable land devclopmem codes iemain in effect with
respect to the development of the land which comprises this PUD.
All conditions imposed herein or as represenled on the Pelican Marsh Community
Master Plan are part of the regulatiom which govern the manner in which the
land may be developed.
The Subdivisions Division of the Collier County Land Development Code (Article
3, Division 3.2) shall apply to Pelican Marsh Community, except where aa
exemption is set forth heroin or otherwise granted pursuant to Land Development
Code Section 3.2.4,
The Site Development Plans Division of the Collier Couaty Land Development
Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except
where an exemption is set forth herein or otherwise granted pursuant to Land
Development Code Section 3.3.4,
2.4 COMMUNFFY DEVELOPMENT DISTRICT
The developer has established the Pelican Marsh Community Developmem District
0aMCDD) to design, construct, manage, and maintain infrastructure and community
facilities needed ~o serve the Project. The PMCDD constitutes a timely, efficient,
effective, restxmsive and economic way to ensure the provision of facilities and
infrastructure for the proposed development. Such infrasmw, mre as may be constructed,
managed and f'manced by the PMCDD shall be subject to, and shall not be inconsistent
with, the Collier County Growth Management Plan and all applicable ordinances dealing
with planning and permitting of the Pelican Marsh Community.
The land area is amenable to infrastmctur~ provision by a district that has the powers set
forth in the charter of a Community Development District under Section 190.006 through
190.041, ~. Such a district is a legitimate alternative available both to the
County and to the landowner for the timely and sustained provision of quality
infrastructure under the terms and conditions of County development approval.
2.5
ROADWAYS
Roadways within the Pelican Mar~h Community are included as one of the PMCDD
provided ~ improvemenu. Standards for roads shall be in compliance with
the applicable provisions of Collier County Land Development Code regulating
subdivisions, unless otherwise modified, waived or excepted by this PUD or approved
dm-ing Preliminary Subdivision Plat approval. The Developer reserves the right to
request substitutions to Code design standards in accordance with Article 3, Division
3.2, Section 3.2.7.2 of the Collier County Land Developmem Code. The Developer,
also resctwes the fight to establish gates, guardhouses, and other acx.~s controls as may
be deemed appropriate by the Developer on all privately owned and maintained project
roadways.
2.6 LAKE SETBACK AND EXCAVATION
The lake setback requffc-ments ___dewn_ ~ed in Article 3, Division 3.5, ,%etlon 3.5.?. 1 of the
Collier County Land Develolamm Code may be reduced with the a/iminixtrativ¢ approval
of the Collier County Developmem Services Dim~ar and the Pelican Marsh Design
Review Commiucc (PMDRC). All lakes greater than two (2) acres may be exca~ted to
the maxh'aum conunerclal excavation depths set forth in Section 3.5.7.3.1. however
removal of fill from Felic~n IVhrsh Community shall be limited to an amount up to 10
percent per lake (to a maximum of 20,000 cubic yards) of thc total volume excavated
unless a commercial excavation permit is received.
2.7 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative entrance
ways, and signage may be allowed subject to review and administrative approval by the
Developer and the Collier County Development Services Director for engineering and
safety considerations during the development review process and prior to any
installations.
2.8 MODEL HOMES/SALES CENTERS
Model homes, sales centers and other uses and stru~ures related to thc promotion and
sale of re. al estate such as, but not limited to, pavilions, viewing platforms, gazebos,
parking areas, tents, and signs, shall be permitted principal uses throughout Pelican
Marsh Community subject to the requirements of Article 2, Division 2.6, Section
2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of thc Collier County Land
Development Code.
2.9
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County. La~'xl
Development Code. Minor changea and ref'mements as described in Section 8.3 of this
PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
2.10 COMMON AREA MAINTENANCE
Most common area malntcw, ance will be provided by the PMCDD. The PMC'DD is a
legitimate alternative for the tin~ly and s'ustaim(! provision of quality common area
infrastna~re and maintenatr.,e urx~ the mrms and conditions of a County development
approval. For tho~ are~ rot maint~led by the PMCDD, the Developer has created a
properly owners association or associations, whose run.ions shall h~.lude provision for
the perpetual maintenance of common filciliti~ and open space. The PMCDD or the
property owners association, as appliclble, shall be responsible for the operation.
maimenarr~, and management of the surface water and stormwater management systems
and re.ryes serving Pelican Ma~h Community, in accordance with the provisions of
Collier County Ordinance 9048 and Resolution 90-292, together with any applicable
permits from the Florid~ Deparunem of Envinmmenml Regulation. U.S. Army Corps of
Engineers, and South Florid~ Water Mamgement District.
2.11 LANDSCAPE BUFFERS, BERMS, FENCF~ AND WALLS
Land.w~pe buffers, berms, fences and walls are generally permitted as a principal use
throughout Pelican Marsh Corcanunity. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
2.
3.
4.
Gras~ benm 3:1
Ground cow.,red bex~ 2:1
Rip-Rap benin 1:1
Stn.~.tral walled berrm - vertical
Fence or wall maximum height: six feet (6'), as measured from the finished
gr~e of the ground at the b~e of the fence or wall. For the purpose of this
provision, fmisbed grade shall be considered to be no greater than eighteen ~
(18') above the highest crown elevation of the nearest existing road unle~ the
fence or wall is constxucted on a perimeter land.scape bona. In the~ cases the
wall shall not ex¢~.~_ six feet (6') in height from the tt~p of berm elevation for
berm elevation with an average side slope of 4: I or les~, ~ shall no~ exceed four
2-4
12B 2_
feet (4') in height from the top of berm elevation for berms with an average side
slope of greater than 4:1 (i.e.
Landscat~ buffers, berms, fences and walls may be comlruc~ along
l~'rime~ of the Pelican Marsh Community PUD boundary prior to prelimiml7
subdivision plat and site development plan mbmitlal. All such areas must be
included in a landscape ~t on final plats, or in a separate recorded
L~tmment.
Fences and walls which are an integral part of security and ac__~ess control
structurm such as gate houses and control gaas shall not be subject to ~ height
limitations set forth under 2.11 B, and shall be governed by the height limitations
for principal structures of the district in which they are located. In the case of
access control structures within right-of-ways adjoining two or more different
districts, the more t'~stricti~ height standard shall apply.
Eo
Pede~trim sidewalks taxi/or bilu~ paths, water management systems and drainage
may be allowed in landscape buffers mbjeet to review and approval by the
PMDRC.
2.12 FILL STORAGE
Fill storage is generally permitted aa a principal use throughout Pelican Marsh
Community. Fill maR:rial generated from properties owned or leased by the developer
may be tram~rted and stockpiled within areas which have been distm'bed/farmed. Prior
to stockpiling in the~ locations, a Letter of Notification along with plans showing the
locations lind cross-sections shall be submitted to Collier County Project Review ,Services
for review and approval. The following standards shall apply:
A. Stockpile maximum side slope 3:1
B. Stockpile maximum height: thirty-five feet (35')
Fill storage areas shall be screened with a security fence at least six feet (6') in
height above ground level.
Do
The following FLUCCS Code lands as shown on Map F of the Pelican Marsh
Community Application for Development Approval may be used for fill storage:
200, 212, 214, 422, 424, 740.
io
Fill storage in excess of five feet (5') in height shall be located no closer than
three hundred feet (3CI0') from any developed residential properties.
Fo
Soil erosion control shall be provided in accordance with Collier County Larzl
Development Code Division 3.7.
Fill storage shall not bc permitted in areas ooarpied by threatened or endangered
spe~iea unless an approved mamgcmcnt plan permits ~h use.
2.13 DESIGN GUIDELINES AND STANDARDS
Thc Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
re&'velop~ of relatively large tracts of land under unified ownership or control, as set
forth in the Collier County Lard Development Code, Article 2, Division 2.2, Section
2.2.20.1.
Pelican Marsh Community is planned as a private, large-scale, functionally interrelated
caaaamity under unifzd control, to be developed over an extended time period.
Developer has established community-wide design guklclincs and standards to ensure a
high and consistent level of quality for community features and facilities, which include
features and faciliti~ such as landscaping, hardscape, waterscapes, sigmge, lighting.
pedestrian systems, bicycle paths, pavement treatments, roadway medians, fcmea, walls,
buffers, berms and other similar facilities. Upon approval of specific design guidelines
and standards by Collier County and Dtveloper, those guidelinea shall be considered as
supplemental standards or requirerm, n~ of this Planned Unit Dtv¢lopment Ordinance.
Deve~ will also establish supplenmatal design guidelines and standards by ngans of
recorded covenanLs, conditions, and restrictions, the existence of which shall be noted on
the Final Subdivision Plat or Final Site Dcvelopnz'nt Plan. Said covenants, conditiom
and restrictions shall provide that prior to submittal of an application for Preliminary
Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier
County, an applicant must first submit the application to PMDRC for review and
approval. Collier County shall not accept any such application for processing units it is
accompani~ by a letter indicating Developer's review and approval.
2.14 REQUIRED ENVIRO~~ PERMITS
Where the development of land within this Planned Unit Development requires a permit
from a local, state, or Federal Agency with jurisdiction over the property (regulating
agency) proposed for development, then the Developer shall obtain such permits as may
be required prior to the commencement of construction or alteration of the land
specifically requiring such IX'Trait. Where such regulating agency issuea a permit, Collier
County shall not impose conditions, exactions or modifications that are in conflict with or
exc_,~d__ the requiremenu of the issued permit, provided that Collier County may impose
conditiom that exceed and are not in confll~ with the issued permit if Collier County's
regulatory jurisdiction as provided in the Collier County Otowth Management Plan and
Land Development Code ex__~ed__s that of the other regulating agemies. In such a case,
Collier County's enviromnental permitting guidelines and requirements shall coatrol
relative to the specific County permit only.
12B 2
2.15
2.16
Cormruction approvals from Collier County may be phased to allow construction of
portions of a particular use that do not impact lands which rm:luire an enviromnental
permit, provided that such environmental permits have been applied for and are unde~
proce~ by the appropriate ageneiea, and mbject to the understanding that it is the
Developer's sole risk if such permits are not finally issued to allow completion of the
proposed use.
PRELIMINARY SUBDIVISION PLAT PHASING
Due to the size and anticipated build-out period of Pelican Marsh Community,
submission, review, and approval of Preliminary Subdivision Plats for the project may be
accomplished in phases to correspond with the planned development of the property.
GENERAL PERMITTED USES
Certain uses shall be considered germ'al permitted uses throughout the Pelican Marsh
Community PUD except in Reserve District. C,-erm'al permit~ uses are those uses
which generally serve th~ Developer and r~idents of P~lican Marsh Community and are
typically pan of abe common infrasmictxue or are considered community facilities.
A. General Pertained Uses:
I. Essential services as sa forth under Collier County Land Development
Code, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary s~wage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Conununity and neighborhood parks, recreational facilities, community
centers.
7. Temporary con.stmction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary a__t:c__,~__ ways, parking areas and related uses.
8. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
2-7
9. Fill storage ~ubject to the standards sct forth in Section 2.12 of ~ PUD.
10.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
Development Standards:
Unless otherwise set forth in this document, thc following development standards
shall apply to structures:
Setback from back of cu~ or edge of pavement of any road - fifteen feet
(15') except for ivard houses, gatehouscs, and access control structures
which shall have no required setback.
2. Setback from property ii~ - one half (Itl) tile height of the structure.
Minimum distance ~ SlrUCUL,'~ which are part of an architecturally
unified grouping - five feet (5').
4. Minimum distance between urn'elated structures - ten feet (I0').
Maximum height of structure - twenty-five feet (25').
6. Minimum floor area - Non~ required.
7. Minimum lot or parcel ar~a -Nonc required.
o
Sidewalks, bikepaths, and cart paths may occur within County required
buffers; however fl~e width of the r~quired buffer shall be increased
proportionately to the width of thc paved surface of the sidewalk,
bikepath, or cartpath.
Standards for parking, landscaping, signs and other land uses wher~ such
standards are noi specified herdn or within adopted Pelican Marsh
Collier County Land Development Code in effect at the time of Site
Development Plan Approval.
2.17 OPE~ SPACE REQ~
The PUD Master Plan identifiea approximately 1211.8 acres included in the Golf
Course/Recreation and Open Space District, Reserve District, lake, ~ miscellaneous
open sp~_~_/buffer de$ignatiom. Tbese areas, /n conjunction with open space areas
included within thc Residential District, fully satisfy thc open space rcquiccn,ents of
12B 2
Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collic'r County Land
Development Code.
2.18 NATIVE VEGETATION RETEN'~ON REQUIREMEN'~
Pursuant to Policy 6.4.6 of the Conso'vation and Coastal Management Elemem of the
Collier County Growth Manag~ Plan, 25 % of the viable naturally functioning native
vegetation on site sl~ll be retained. The to~al area of viable natural functioning native
vegetation within the PUD boundary is 871.9 acr~, ther~for~ 218.0 acres are required to
be r~in~. This requirement is fully sa~fied within the Reserve District and no further
pr~erv~.ion is requh'~.
3.1
3.2
SECTION III
RF_31DENTIAL LAND USE DISTRICT
The txtrpose of this Section is to identify permitted uses and development st,mdards for
areas within Pelican Mar~h Community designmed on the Master Plan as "R."
MAXLMUM DWELLING UNITS
A maximum number of 5100 residential dwelling units may be constructed on lands
designated "R."
3.3 GENERAL DESCRIPTION
Areas designated as 'R" on th~ Master Plan arc designed to accommodate a full range of
r~sidential dwelling types, compatible non-residential uses, a full range of recreational
and educational facilities, essential services, and cuawmary accessory uses.
The approximate acreage of the 'R" district is indica~:d on the PUD Master Plan. This
acreage is based on cora:eptual designs and is approximate. Actual acreages of all
development tracts will be provided at th~ time of Site D~velop~ Plan or Preliminary
Sutxlivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2
respectively, of the Collier County Land Development Code. Residential tracts are
designed to accommodate internal roadways, open $pacea, parka and amenity areas, lakes
and water management facilities, and other similar use~ found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
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:
A. Principal Uses:
1. Single Family D~tached Dwellings.
2. Single Family Patio and Zero Lot Line Dwellings.
3. Two-family and Duplex Dwellings,
Single Family Attached and Townhouse Dwellings.
5. Multi-Family Dwellings including Garden Aparunents.
Churches and other places of worship, ~bject to Collier County staff
admiifistrative approval during Site Development Plan review to address
site location, size, ingress and egress, and buffering requirements, ard
subject to the Multi-family Development Standards set forth in Table I.
7. Schools (public or private).
Assisted Living Facilities, Group Care Facilities (Category I and II), Care
Units, Nursing Homes, and Family Care Facilities (collectively ALF) only
east of Airport Road.
Any other principal use which is comparable in mture with the foregoing
uses and which the Development Services Director determines to be
compatible in the 'R* District.
B. Accessory Us~ and Structures:
Acce~.sory uses and stmctares c~y associated with principal uses
permitted in this district.
Any other aoa:asory use which is comparable in nature with the foregoing
uses and which the Development Services Dir,-ctor determines to be
compatible in the 'R' District.
3.5 DEVELOPMENT STANDARDS
mo
Table I sets forth fl~e development standards for land uses within the 'R'
Residential District.
Site development standards for categories I - 4 uses apply to individual residential
lot boundaries. Category 5 standards apply to platted parcel boundaries.
Standards for parking, landscaping, signs and other land uses where such
standards an: not specified herein or within adopted Pelican Marsh Community
design guidelines and standards, a~ to be in accordance with Collier County Larzl
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, requinxi yards, heights, and floor area standards
apply to principal structures.
Development standards for uses not specifw~lly set forth in Table I shall be
esnablished during Site Development Plan Approval ar, set forth in Article 3,
Division 3.3. of the Land Development Code in accordance with those standards
of the zoning district which is most similar to the proposed use.
In the case of residential structures with a common architectural theme, required
property development regulations may be waived or re. teed provided a site plan
is approved by the Collier Cour~ Planning Commission in accordance with
3-2
Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier Count,/ Land
Development Code. Common open space requirements are deemed satisfied
l~xrsuant to Section 2.17 of this PUD.
Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3,
Four Seasons Subdivision zoned RSF-2~ and Quail Woods Estates zoned RSF-2
shall be limited to single family dwellings, multi-family dwellings,_ water
managen~nt facilities and lakes, and customary single family accessory uses.
Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4
or RMF-12. and Quail Woods Estates zoned RMF-6 shall be limited to single,
two-family, and multi-family dwellings, water management facilities and lakes
and customary residential accessory uses. Where multi-family uses abut off-site
single family uses, them shall be a minimum separation of one hundred feet (100')
between the two uses. In addition, a platted ROW or platted land.w~ped buffer
with a minimum width of thirty feet (30') must be provided within the one
hundred feet (100').
Off street parking required for multi-family uses shall be accessed by parking
aisles or driveways which are separate from any roads which serves a
development exceeding 96 units. A cul-de-sac road within the development may
have abutting surface parking where the parking s~rves 24 units or less. A green
space area of not less than ~ feet (10') in width as measured from pavement
edge to pavement edge shall separate any parking aisle or driveway from any
abutting road, with the exception of cul-de-sacs serving 24 units or less.
Single family patio and zero lot line dwellings are identified separately from
single family detached dwellings with conventional side yard requirements to
distingmsh these types for the l:~rIx)se of applying development standards under
Table 1. Patio and zero lot line dwellings shall be del'reed as any type of detached
single family structure employing a zero or reduced side yard as set forth herein.
and which conform to requirements of Collier County Land Development Code
Article 2, Division 2.6, Subsection 2.6.27.
Attached or detached court)'ard residences which included cabana bedrooms
separately acc_,_c~d from the com'tyard and not from the main house are permir~d
providing that:
l) The cabana structure must be connected to other portions of the residence in a
manner that gives thc entire residence the appearance in elevation from the street
of being one single family residence;
2) The cabana structures must be accessible only from the enclosed courtyard and
must not be accessible directly from the street; and
3) The cabana structure may not contain primary cooking facilities.
TABL~ I
PELICAN ~ COMMUNITY
D~/ELO~ STANDARDS FOR
~R* RES1DI~VTIAL ~
$I~{GLE PATIO & TWO SINGLE FAMILY MULTI AS~iS'IT_D
PERM[ ~ l ):iD USES AND FAMILY ZERO LOT FA~HLY & ATTACHED AND FAMILY
STAI~ARDS DETACHED ~ DUPLEX TOWN'HOUSE DWELLINGS FACILITIE~
Camgory I 2 3 4 S
,Minin~m Lot Ar,"- 7,f~O SF 5,000 SF 3,..eK}O SF*4 3,000 SF I AC I AC
Minimum Lo~ Wklth °5 75 50 35 30 !~0
Frorl Yard 25 20 '3 20 '3 20 '3 25
Fro~t Yud for 15 10 10 I0 15 15
Sk~e Enu'y Garage
Si~: Ya,'d 7.5 '6 0 or 7.5 0 or .5 BH .5 Bi'! 20 OR .5 BH
~ Yard Princil~l 20 I0 20 20 BH BH
P,~ar Y~ni ~_~)ln/ 10 5 !0 10 15
Peat Y~,d Special *1 10 5 !0 10 .$ BH .5 BI[
NLuimum Bui)din~ H¢ish~ 35 35 35 35 SO
Discur. c Bo'ween 15 I0 0 or 15 .$ SBH .5 SBH .S SBH
Principal Structur~
Fkx~ Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF*g N/A*9
v7. Fo¢ cle, nsn~, comp~ri.~n, e~,ch ~,n~l unk shah eq~l 4.O
Airport Road have m minimum floor u~ of 750 S.F.
2"
4.1
~ON W
GOLF COLrRSE, RECREA~ON AND OPEN SPACE DISTRICT
PURIN~SE
The purpose of this Section is to identify permitted uses and development stan~rds for
areas within Pelican Marsh Community designated on the Master Plan as 'C-CO' and
Miscellaneous Open Space/Buffer.
4.2 GENERAL DESCRIPTION
Areas designated as 'GCO' and Miscellaneous Open Space/Buffer on the Ma;ter Plan are
desigmxt to accommodate a full range of golf course, recreational, water management and
open space uses, as well as to provide lands for com,mnity-reiated ancillary uses and
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part Lift,of, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
A. Permit~d Principal Uses and Structures
Golf courses, golf clubhouses, golf facilities, golf teaching facilities
including classrooms and temporary golf clubhouses.
2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs.
3. Project information and sales centers.
Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utilities pumping facilities and
pump buildings, utility and maintenance staff offices.
5. Public administration facilities.
Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the 'GCO' and Miscellaneous Open Space/Buffer District.
Permitted Accessory Uses and Structures
I. Accessory uses and structures customarily associated with the principal
uses permit'~l in this district.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters.
snack bars, golf course maintenance yards.
3. Retail establishments accessory to the permit~d uses of the district such
as, but not limited to, golf, tennis, and recreational related sales.
4. Restaurants, cocktail lounges, and similar uses intended to serve club
members and club guests.
5. Shuffleboard courts, tennis courts, swimming pools, and all other ~pes of
accessory facilities inmxkd for outdoor recreation.
6. Telecommunications facilities.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Develol~nent Services Director determines to be
compatible in the 'GCO' and Miscellaneous Open Space/Buffer District.
4.4 DEVELOPMENT STANDARDS
Principal structures shall be setl~ck a minimum of twenty feet (20') from "C, CO'
and Miscellaneous Open Space/Buffer district boundaries and private roads, and
fiRy feet (50') from all PUD boundaries and residential tracts, except where the
PUD abuts the Collier County Wastewater Treatment Plant or a public fight of
way, in which case the setback shall be one half (th) the height of the structure.
Accessory structures shall setback a minimum of ten feet (10') from "GCO" and
Miscellaneous Open Space/Buffer district boundaries and private roads, and
twenty feet (20') from all PUD boundaries and residential tracts, except where the
PUD abuts the Collier County Wastewater Treatment Plant or a public right of
way, in which case the setback shall be one half (~) the height of thc structure.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct ghre or unreasonable interference.
D. Maximum height of structures - Fifty feet (50').
Minimum distance between principal or accessory structures which are a part of
an architecturally unified grouping - Ten feet (10').
G.
H.
J.
Ko
Minimum distance between ali other principal structures - Twenty fe~ (20').
Minimum dismme betw~ all olher a~ry stmaur~ - Ten feet (10').
floor area - None requh~cl.
Minimum lot or parcel area - None required.
Parking for the community center/clubhouse shall be one space per every two
hundred (200) square fee~ of gross floor area, which shall be considered inclusive
of r~quir~l golf course parking
Standards for parking, landscaping, signs and other land ~ wher~ such
standards are not specified herein or within adopted Pelican Marsh Community
design guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor ar~a s~andards
apply to principal structures.
4-.3
5.2
S.3
SECTION V
RESERVE DISTRICT
P~
The purpose of this Section is to identify permitted uses and development stasxiards for
areas within Pelican Marsh Community designated on the Master Plan, as Reserve.
GENERAL DESCRIPTION
Areas designated as Reserve on the Master Plan are designed to accomn~odate a full
range of conservation and limited water management uses and functions. The primary
purpose of the Reserve district is to retain viable naturally functioning wetland and xeric
upland systems, to allow for restoration and enhancement of impacted or deg,-aded
wetland systems, and to provide an open space amenity for the enjoyment of Pelican
Marsh Community residents.
PERMITTED USES AND STRU~
No building or structure, or part thereof,, shall bc erected, altered or used, or land or
wa~r used, in whole or in part, for other tl~n ~ following:
A. Permi~:l Principal Uses and Su'uctures
I. Pazsive recreational areas, boardwalks, including recreational shelters and
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails
in wetlands).
3. Paved golf cart pafl~ and unpaved pedestria~ paths in xeric uplands.
4. Water management f~.cilifies, structures and lakes, including lakes with
bulkheads or other architectural treau'aents.
5. Mitigation arc~ az provided in the Cncohatchee $~ Restoration Plan
and other applicable permi~z.
6. Ro~lway cro~in~ and utility cro~ing~ at Pelican Marsh Boulevard,
Vanderbilt Be~ch Rozd, C, oodlct~-Frank Road, and thc Cocoha~chee
Strand Golf Course cro~ing/reconnecfion area.
7. Utility line~ in xeric uplands.
Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Re.serve District.
5.4 DEVELOPMENT STANDARDS
All sLruc, mres shall setback a minimum of five feet (5') from Reserve district
boundaries and roads, except for pathways, boardwalks and water rnanagemem
structures, which shall have no required setback.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Twenty-five feet (25').
D. Minimum distance between principal structures - Ten feet (10').
E. Minimum distance between z~essory structures - Five feet (5').
F. Minimum floor area - None required.
G. Minimum lot or parcel area - None required.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh Community
Design Guidelines and Standards, are to be in accordance with Collier County
Land Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards
apply to principal structures.
5.5 ~RVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve
District. In addition to Collier County, a conservation easement may also be required by
other regulatory agencies with jurisdiction over Reserve District lands. In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the terms set forth in the applicable permit granled
by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their
successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible
for control and maintenance of lands within the Reserve District. Conservation
easements shall he recorded in conformance with the Preliminary Work Authorization as
amended on April 19, 1994.
6.1 PURPOSE
SECTION VI
COMMUNITY FACILITY DISTRICT
The purpose of this section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designaa~l on the Master Plan as" CF."
6.2 MAXIMUM SQUARE FOOTAGE
A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be
cons~"ucted on lands designated "CF."
6.3 GENERAL DESCRIPTION
Areas designaLed as ' CF' on the Master Plan are designed to accommodate a full range
of cultural uses. essential scrvices, and customary aocesso~y uses.
The approximate acreage of the" CF" district is indicated on th~ Master Plan. This
acreage is ~ on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the tin~ of Sit~ E)cv¢lopment Plan or Preliminary
Subdivision Plat approvals ia accordan~ with Article 3, Division 3.3, and Division 3.2
respectively, of them Collier County Land Development Code. Cultural Center tracts are
designed to accommodat~ inten~l roadways, open spaces, lakes and water management
facilities, and other similar uses.
6.4 PERMrlTED USES AND STRUCTURES
No building or structu~ or pan thereof, shall be erected, altered or used, or land used, in
whole or pan. for other than the following:
A. Principal Uses:
Ali uses normally associated with a community facility including but not limited
to:
1.
2.
3.
4.
Churches and places of worship
Governmental buildings
Child daycar~ facilities
Civic, social and fraternal associations
Any other principal usc which is comparablc in nature with the foregoing
uses and which tl~ D~velopmcnt Services Director determines to be
compatible in the ' CF" District.
B. Acc~sory Uses and Structures:
Accessory us~ and smactures customarily associated with the principal
u~s l~rmitled in th~s district.
2. Recreational facilities.
3. Classroom facilities.
Any other acc~sory use which it comparable in nature with the foregoing
uses and which the D~velopment Services Director determines to be
compatible in th~ "CF' District.
6.5 DEVELOPMF2~ STANDARDS
Principal structures shall be setback a minimum of twenty feet (20') from 'CF"
district boundaries and private roads, and fu'~y feet (50') from all PUD
boundaries, public roads and residential tracts.
Accessory structures shall be setback a minimum of twenty feet (20') from district
boundaries and private roads, and twenty feet (20') from PUD boundaries, public
roads and residential tracts.
Setback from lakes for all principal and accesr~ry uses may be zero feet (0')
provided architectural bank treatment it incorporated into the design and subject
to written approval from PMDRC, PMCDD, and Collier County Development
Services Department.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of $tructurea - Eighty feet (80').
Minimum distance between principal or ~c_-~so,"y structures which are a pan of
an architecturally unified grouping. Ten feet (10').
Minimum distance between all off. er principal structures - Twenty feet (20').
Minimum distance between all other accessory structures - Ten feet (10').
Minimum floor area - None required.
12B 2_
Minimum lot or parr. el a~a - Non~ required.
Standard~ for parking, landscaping, sign~ and other land use$ where such
standards am not specified herein or within adopted Pelican Mamh Community
deaign guidelim~ and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unleaa otherwi~ indicated, required yarda, height~, and floor area standards
apply to principal stmcturea.
SECTION VII
ACTIVITY CENTER
The purpose of this section is to identify lXa'mitte~ uses and deveiol~nent standards for
areas within Pelican Marsh Comnmnity designated on the Master Plan as 'AC."
7.2 MAXIMUM SQUARE FOOTAGE/ROOMS
A maximum of 300,000 square feet __~ble floor area of retail uses; 200,000 square feet
gross floor area of off'me use~, including up to 50,000 raluare feet of medical offices; 400
hotel rooms and 80,000 ratuare feet (750 seat) of cultural facilities may be constructed on
lands designated "AC.'
7.3 GENERAL DEY~2RIFrION
Areas designated as 'AC" on the Master Plan are designed to accommodate a full range
of retail, service and off.me comrrm~ial uses, essential services, and customary accessory
The approximate acreage of the "AC" district is indicated on the Master Plan. This
acreage is based on conceptual designs 'and is approximate. Actual acreages of all
development tracts will be provided at the tim~ of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2
respectively, of the Collier County [and Development Code. Activity Center tracts are
designed to accommodate internal roadways, open spaces, lakes and water management
facilities, and other similar uses found in Activity Center areas.
7.4 PERMITTED USES AND STRUC'IqJRF~
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:
A. Permitted Principal Uses and Structures:
4.
5.
6.
Accounting, Auditing and Bookkeeping Services (Group 8721).
Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991,
7993, 7997).
Apparel and Accessory Store~ (Groups 5611-5699).
Automotive Dealers and Gasoline Service Stations (Groups 5511-5599).
Automotive Repair, Services, and Ca.rashes (Groups 7514, 7515, 75~2).
Building Materials, Hardware and Garden Supplies (Groups 5211-5261).
7. Businc~ Services (Groups 7311-7352, 7359 except airpla~, industrial
truck, portable toilet and oil field equipment renting and leasing, 7361-
7397 except armored car and dog rental, 7389 except auct~or,~ng,
bronzing, field warehousing, salvaging of damaged rr~rchandise).
8. Commercial Printing (Group 2752, excluding newspapers).
9. Depository Institutions (Groups 6011-6099).
10. Eating and Drinking Establishments (Groups 5812, 5813).
11. Engineering, Accounting, Research, Management and Related Servic.~s
(Groups 8711-8748).
12. Foo~ Stores (Groups 5411-5499).
13. General Merchandise Stores (Groups 5311-5399).
14. Glass and Glazing Work (Group 1793).
15. Golf Club Facilities including Ancillary Teaching Facilities and
Temporary Golf Clubhouses (Groups 7992, 7997, 7999 )
16. Group Care Facilities (Category I and II), Care Units, Nursing Homes an:l
Family Care Facilities (Groups 8051 excluding mental retardation
hospitals, 8052, 8059).
17. Health Services (Groups 8011-8049, 8(X~2, 8093, 8099).
18. Holding and Other Investment Offices (Groups 6712-6799).
19. Hotels and Motels not to exceed 400 rooms (Groups 701 I, 7021, 7041).
20. Home Furniture, Furnis,~ing, and Equipment Stores (Group.~ 5712-5736).
21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411).
22. Lagal Services (Group 8111).
23. Libraries (Group 8231).
24. Membership Organizations (Groups 8611-8699).
25. Miscellaneous R~pair Services (Groups 7622-7641, 7699 except
agricultural equipment repair, awning repair, beer pump coil cleaning and
repair, blac~mith shops, catch basin, s~tic t~nk and cesspool cleaning,
coppersmithing, farm machinery repair, f'tre equipment repair, furnace and
chimney cleaning, induawial truck repair machinery cleaning, repair of
service station equipment, hoiler cleaning, tinsmithing, tractor repair).
26. Miscellaneous Re,ail (Groups 5912-5963, 5992-5999).
27. Motion Picture Theaters (Group 7832).
28. Multi-Family Dwellings including Garden Apartments.
29. Non-Depository Credit Institutions (Groups 6111-6163).
30. Personal Service~ (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning ortly, 7217, 7219-7261 except cr~-natories, 7291-7299).
31. Real Estate (Groups 6512, 6531, 6541).
32. Resort Recreation Facilities including but not limited to Tennis Clubs,
Health Spas, Equeslxian Clubs and other Recreatio,'~al Clubs (Groups
7991, 7999)
33. Public Administration (Major Groups 91, 92, 93, 94, 95, 96.97)
34. Rt:creation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993,
7997, 7999)
35. Security and Commodity Brokers, Dealer, Exchanges and Services
(Groups 6211-6289).
7.2
36. Social Services (Groups 8322-8399).
37. United Sta~ Postal Service (Group 4311 except major distribution
center).
38. Veterinary Services (Groups 0742, 0752 excluding outside kenneling).
39. Video Tape Rental (Group 7841).
40. Vocational Schools (Groups 8243-8299).
41. Uses permitted under Section 3.4 of this PUD, subject to the Development
Standards of Section 3.5.
42. Any other principal use which is comparable in nature with the foregoing
uses (including general and professional offices not specifically listed
above) and which the Development Services Director determines to be
compatible in the *AC" district.
B. P~-u-mit~ Accessory U~ ~d Structures
Accessory uses and slructures customary associated with principal uses
Customary acc~ry uses for hotel and motel principal uses including but
not limited to shops, p~rsonal service establishments, eating or drinking
establishments, dancing and staged entertainment facilities, and me~ing
rooms and auditoriums where such uses are an integral part of a hotel or a
motel, with comn~n architectural standards, even if contained in a free-
standing building. Other ,~_~ece~_~ry uses include, but are not limited to,
recreational facilities that serve as an integxal part of the permitted uses
such as pool, termis facilities, parks, playgrounds and playfields.
Separate dwelling units, such as villas or ca.sim may be under the
management of a hotel without being considered a hotel room.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "AC" district.
7.5 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
3.
4.
5.
Front Yard: Twenty-five feet (25') minimum or om-half the building
height, whichever is greater.
Side Yard: Fifteen feet (15').
Rear Yard: Fifteen feet (15').
Any yard abutting a residcntial parcel: Twcnty-five feet (25').
Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architecaw41 bank treatment is incorporated into the design
7-3
12B 2
Co
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and subject to writmn approval from PMDRC, PMCDD and Collier
County Development Services Department.
Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures - One hundred feet (iff)').
Minimum distance between all other principfl structures - Twenty feet (20').
Minimum distance between all other accessory st~ctures (excluding drive-through
facilities) - Ten feet (I0').
Minimum floor area - Seven hundred Off)) square fa-.t gross floor area on the
ground floor.
Minimum Ic~ or parcel area - Ten thousand (10,0(~0) square feet.
Minimum lot width - Seventy five feet (75').
Standards for parking, landscaping, signs and other land uses where such
standards are not specif'gxl herein or within adopted Pelican Marsh Community
design guideline~ mad standm'~, are t~ be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards
apply to principal structures.
The maximum density for Adult Congregate Living Facilities and other types of
elderly housing shall be twenty-six (26) units per gross acre.
The net platted parcel density of hotel rooms per acre may exc__,w'd twenty-six (26)
rooms per acre; however, the total number of hotel rooms permitted in the
Activity Center District shall be 400.
8.1
8.2
SECTION VIII
GENERAL DEVELOPMENT
The purpose of this Section is to set forth the development commim~ents of Developer
within Pelican Marsh CommuniU.
GENERAL
All facilities shall be constructed in accordance with the final site development plans, the
final subdivision plats, and all applicable state and local laws. codes and regulations
relating to the subdivision of the land, except where specifically noted or otherwise set
forth in this document, or as otherwise approved by Collier County. All state and federal
permits shall be effective according to tim stipulations and conditions of the permitting
agencies. Final master plans, final sit~ development plans or final mbdivision plats, and
standards and specifications of the Collier County Land Development Code relating to the
same shall apply to this project, except as otherwise set forth herein.
In addition, the Master Plan and the regulations of the PUD dcsaa'nent as adopted along
with any other specific conditions or stipulations as may be agreed to in the rezone
hearing before the Board of County Commissioners, shall control and be applicable to
development of the subject property. The Developer, its successors and assigns shall be
bound by said documents, commitments, and stipulations.
8.3 MASTER PLAN
The Master Plan, WMB&P, Inc. File No. P.Z-219-H, is an illustrative preliminary
development plan. The design elements and layout illustrated on the Master Plan shall be
understood to be flexible, so that the final design may satisfy the Developer's criteria and
comply with all applicable requh-¢n-ents of this ordinance.
The Development Services Director shall be authorized to approve minor changes and
refinements to the Pelican Marsh Community Master Plan upon written request of the
Developer.
A. The following limitations shall apply to such requests:
The minor change or refinement shall be consistent with the CoUier
County Growth Management Plan and the Pelican Marsh Community
PUD document.
The minor change or refinement shall meet the criterion of Section
380.06(19)(e)2., Florida Statutes, and shall not require a determination
and Public Hearing pursuant thereto.
The minor change or re£mement shall not constitute a substantial chan3e
pursuant to Article 2, Division 2.7, Subsection 2.'/.3.5.1. of the Collier
County Land Development Code.
The minor change or refinam'nt shall be compatible with adjacent land
uses and shall not cream detrimental impacts to abutting land uses, water
management facilities, and Reserve areas within or external to the PUD.
The following shall be coeaidered minor changes or refinements, subject to the
limitatiotxs of PUD Section g.3A:
Reconfiguration of R~erve areas, jurisdictional wetland limits,
mitigation features ~ a result of regulatory agency review.
Reconfiguration of lakes, ponch, canals, or other water managemem
facilities where such changes are consistent with the criteria of the ,South
Florida Water Mamgement District and Collier County, and where there
is no further encroachment into P, ese~e areas.
3. Reconfiguration of golf course envelopes and design features.
Internal realignment of rights-of-way other than a relocation of access
points to the PUD.
Reconfiguration of residential parcels when there is no encroachment into
Reserve areas.
Minor changes and refinements aa described above shall be reviewed by
appropriate Collier County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to the Developmem Services Director's consideration for approval.
Approval by the Development Services Director of a minor change or refinement
may occur independently from and prior to any application for Subdivision or Site
Development Plan approval, however ~ch approval shall not constitute an
authorization for development or implementation of the minor change or
refinement without first obtaining all other necessary County permits and
approvals.
8.4 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the futur~ use of building space
within common areas for the purposes of accommodating the function of an elector.d
polling place.
An agreement between the Supervisor of Elections and the Developer was recorded in the
official records of the Clerk of the Circuit Court of Collier County, and is binding upon
any and all successors in i,nmrest that ac, quir~ ownership of such common areas including
homeowners associations or tenants associations. This agreement provides for gaid
community recreation/public building/public room or similar cormnon facility to be used
for a polling place if determined to be necessary by the Supervisor of Elections.
8.5 MONITORING REPORT
An armual monitoring report shall be submitted pursuant to Article 2, Division 2.7,
Section 2.7.3.6 of the Collier County Land Development Code.
8.6 SUNSETTING
This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7.,
Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier
County issues a DRI Development Order for the Pelican Marsh Corturamity, at which
time the provisions of the Development Order relative to duration and effective date shall
govern.
8.7 TRANSPORTATION
The developer shall provide appropriate leR and/or fight mm lanes at all
community access points to public rights-of-way at the time of construction of
each access.
Bo
The developer shall provide arterial level street lighting at all community access
points to State or County public rights-of-way at the time of construction of each
access.
The developer shall provide a fair share contribution toward the capital cost of
traffic signals at any community access points to a public right-of-way when
deemed warranted by the County. These signals will be owned, operated and
maintained by Collier County.
Do
Collier County and I)evcloper entered into an A~ ~_,M Jar~ar7 12, 1993,
0',erin 'Agreement") to addres~ the alignment and environmental permitting for
Vanderbilt Beach Road (her~in 'VBR") through the Pelican Marsh Community
property; and to address environmental permitting for the expansion of
Goodletle-Frank Road from lmmokalee Road to VBR.
As is set forth in the Agreement, Developer is responsible for the envirommmml
permitting for the preferred road alignment of VBR within the Pelican Mar~
Community PUD pmpe~.. Pursuant to the Agreeamnt, Developer is eligible for
Road Impact Fee credits for half of tl~ir expe~imres po' ~ Agreerm'm in
obtaining environmental permits.
Developer agr~..s to dod/cate to Collier County the road right-of-way rex:[uir~ for
that section cf VBR within the Pelican Marsh Community PUD bound~es ownod
by Develoger, upon request by Collier County, so long as that right-of-way is the
alignment depicted on the Pelican Marsh Corrarmnity PUD Master Plan or an
alternative alignmem ~_c__etl~ble to Developer. Developer shall be eligible for
Road Impact Fe~ credits for this dedication pursuant to Ordinance 92-22 and
Section 380.06 (16)_El~it;la~lll~, 1992, as is further set forth in Section 8.12
hereof. The valu~ of said right-of-way dedication shall be equal to Developer's
cost of acquisition of the property.
There are acknowledged benefits to both rig County and Developer in the
alignment of VBR shown on the Pelican Marsh Community PUD Master Plan,
and as referenced in the Agrt~ment and hereinafter as the "Preferred Alignment".
However, there is the potemial that the cost of environmental permitting,
mitigation, design, and construction of the road segment in its Preferred
Alignment could be more expensive than an alto'mtive alignment within the area
of consideration referenced in Attachment 1 to the Agreement. If the ultimate
alignment of VBR within the Pelican Marsh Community PUD boundaries is the
Preferred Alignment or the ultimate alignment is otherwise acceptable to
Developer, Developer agrees to pay the "Diffo'ential Cost" for the segmem of
VBR within Pelican Marsh Community PUD boundaries. "Differential Cost"
means the reasonably ascertainable additional cost of environmental permitting,
environmental mitigation, design and construction of that segmem of VBR within
the Pelican Marsh Community PUD boundaries as compared to the total of the
same cost elements for permittable alternative alignn~nts within the area of
consideration referenced in Attachment I to the Agreement. Developer shall not
be entitled to reimbursement under the Agreement or Road Impact Fee credits for
the "Differential Cost" described herein.
The cost for design, permitting and construction of the Goodlet~e-Frank Road
overpass structure, approved by the Board of County CommL~sioners to
accommodate up to six (6) lanes, is not the County's responsibility, but that of the
development entity.
Payme,~.t of Road Impact Fees shall be in accordatr~ with the applicable
ordinance as amended with the stipulation that payment shall occur at the time of
building permit issuance or in accordance with the r~iuirements of the CoUier
County Land Development Code, Division 3.15, Adequat~ Public Facilki~.
Tl~se transportation stipulations set forth in Section 8.7 of the PUD are not
intend~ as a novation of the referenced Vanderbilt Beach Road Agreement; said
Agreen~nt r~mains in full force and effect, except to the extent certain provisions
of the same may be specifically superseded by the provisions of Section 8.7.
The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the
Pelican Marsh Community PUD property south of the Vanderbilt Beach Road
right-of-way and north of Hickory Road right-of-way. This buffer shall include a
minimum six foot berm landscaped and irrigated except where the roadway is
located adjacent to Lake Bunting. Adjacem to Lake Bunting where a berm cam~
be constructed due to limited width, the buffer will include canopy t~es and
shrubs. The buffer area will be completed prior to the opening of Vandcrbilt
Beach Road for public use.
Internal access between the Pelican Marsh Community Activity Center and the
Pelican Marsh Community shall be designed in a manrm' that provides for
vehicular, pedestrian, and bic~le accesa to the Pelican Marsh Community
Activity Center usea without requiring residents of Pelican Marsh to exit the
Community. Such acc_~_s may be restricted by the developer to maintain the
privacy and security of th~ Pelican Marsh Community residents. Vehicular,
pedestrian and bicycle access connections between the Pelican Marsh Community
and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41
intersection and the Immokalee Road/U.S. 41 intersection shall not he required.
No final local developmem orders (building permits) will be granted for Activity
Center uses until the completion of two lanes of Vanderbilt Beach Road from
U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final
Site Development Plan applications may be submitted and approved for Activity
Center uses after commencement of construction of Vanderbilt Beach Road from
Airport-Pulling Road to U.S. 41.
The Pelican Marsh Community shall be subject to any duly adopted fair share or
pro-rata funding mechanism established by Colli:r County to implement an area-
wide pedestrian and bicycle path system. Pelican Marsh Community may be
eligible for credits to be applied toward its fair share pro-ram contribution based
on cont.,'ibutions made for the improvements to U.S. 41, Vanderbi!t Beach Road.
and Goodlette-Frank Road.
The Pelican Marsh Community PUD Master Plan indicates access points to the
Pelican Marsh Community Activity Center which are consistent with the Collier
Coum'y Land Development Code Access Management Plan and Map. The
easternmost access from Vanderbilt Beach Road to the Pelican Marsh Activity
Center (east quadrata) was not shown on Collier County Land Development Code
Map 11 because that Map does not reflect the reconfiguration of the Pelican
Marsh Community Master Planned Activity Center. Map 11 of the Collier
County Land Developmem Code shall be deemed mnendecl by the adoption of this
PUD to reflect the reconfiguration of the Activity Center and the addition of the
easternmost access as shown on the Pelican Marsh Community PUD Master Plan.
Developer agrees to dedicate (or cause to have dedicated) t~ Collier County the
road fight-of-way required for that section of proposed Livingston Road within
the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate
all property within the Pelican M~rsh Community PUD east of the FPL easement
to the County and be by general warranty deed with a disclaimer a.s to suitability
of purpose. The timing of the dedication shall be at the request of Collier County
and Collier County shall be responsible for all costs of conveyance. Developer
shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-
22 and Section 380.06(16), Florida Statutes, (1977). The value of the property in
1997 for purposes of ~ fee cv:dits is $26,000 per acre. Credit per acre shall
increase every year based on adjustments to th~ Consumer Price Index.
If Developer, at its sole option, chooses to landscape any part of Vanderbilt
Beach, Livingston or Airport Road fights-of-way in the vicinity of Pelican Marsh
Community PUD, pursuam to a plan approved by County staff, the value of any
impact fee credits due for dedication of fight-of-way made pursuant to this PUD
shall be available to reimburse Developer for expenditures in said landscaping
efforts at the rate of 75% of said expenditures made pursuant to an approved plan.
8.8 WATER MANAGEMENT
An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal
relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-
102 and South Florida Water Management District rules.
A copy of a South Florida Water Management District Permit or Early Work
Permit is required prior to cons:ruction plan approval.
A letter of no objection from the Collier Count)' Utility Division stating that no
adverse impacts on the percolation ability of the adjacent wastewater treatment
ponds will occur as a result of the Pine Ridge Canal relocation shall be provided
prior to subdivision construction plans approval or Preliminary Work
Authorization, which ever occurs first. Preliminary Work Authorization was
mpproved by the Bosrd of Coumy C¢.mnissloners on May 20, 1993, and amended
on April 19, 1994,
8.9
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All off-site flow collection and routing facilities shall be reviewed and approved
by Collier County Development Services Department at the time of subdivision
construction plan approval.
The fixed crest weir with emergency underflow gate which replaces the existing
amil gate will be reviewed and approved by Collier County at the time of
Cocohatcbee Straml P,e~toration Plan construction plans or Preliminary Work
Authorization approval. Preliminary Work Authorization was approved by the
Board of County Commissioners on May 20, 1993. and amended on April 19,
1994.
As long as Collier County ha.,~ operation and maintenance authority over the
existing Pine Ridge Canal amil gate~ on Immokalee Road (CR 846), Developer or
the PMCDD will pay for the deaign and construction costs associated with the
rehabilitation of said amil gates. The rehabilitation will be limited to normal
refurbishment of the gates (including the bearings and acc~ walks) and the gate
seals (if required). Replacement of the gates, cradles, structures, or foundations,
if required, will not be the responsibility of Developer, the PMCDD, or their
assigns. Collier County will contribute $9,000.00 to the cost of design and
comtruction. The rehabilitation ,~hail be completed by the time the Cocohatchee
Strand Restoration Plan is certified complete to South Florida Water Management
District.
Water management and canal easements convcTed to SFWMD and the County
will be per the Pelican Marsh Preliminary Work Authorization as amended on
April 19, 1994.
If legally and physically pouible, the PMCDD will maintain that portion of the
Pine Ridge Canal off-site from the south border of the PUD to a point
immediately south of the Immokalee Road amil gates. Mainterutme responsibility
by the PMCDD for this portion will cease at the time of final development order
for the property encompassing said portion of canal. The PMCDD will not be
responsible for capital improvements to the canal or improvements to make
reasonable access to and along the canal poss~le.
The rate of post-development stormwat~- discharge into the Pine Ridge Cam}.
Airport Road Canal and Immokalee Road Canal will be determined by SFWMD
during the surface water management permitting process.
UTILITIES
io
Temporary construction and/or sales trailers may use septic tanks or holding tanks
for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable
or irrigation wells.
Golf course rest stations and maintenance buildings may be permitted to use septic
tanks or holding tanks for waste disposal subject to pertaining under F.A.C.
10D-6, and may use potable and irrigation wells.
The project will be servex! by central potable water distribution, fire protection
and sewage collection facilities.
Irrigation water will be provided with a separate distribution system supplied by
onsite wells, reclaimed water or other non-potable water source.
Water distribution, sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned and maintaLtz<l in
accordance with Collier County Ordina~,.e No. 88-76 (refer to agreement that
approved PMCDD, Resolution /t93-187), as amended, and other applicable
County rules and regulations.
PMCDD will be respons~le for installing potable water and irrigation water
service connections to disnn'bution mains for single family only. Use of the
services will be approved on final insix~ion and acceptance by Collier County.
All customers connecting to the water distribution and sewage collection facilities
to be conatructed will be customers of the County and will be billed by the
County in accordance with the County's established rates.
The on-site water distribution system serving the project must be connected to the
Collier County Water-Sewer District's (the District) water main available and
adjacent to the Community boundaries consistem with the main sizing
requirements specified in the project's Utility Master Plan and extended
throughout the project. During design of these facilities dead end mains shall be
minimized by looping the internal pipeline network where feasible.
]'he project's Developer(s) his assigns or succes~rs may negotiate an Agreement
with the District for the use of treated sewage effluent within the project limits,
for irrigation purposes. The Developer would be responsible for providing all on-
site piping and pumping facilitie~ from the County's point of delivery to the
project a:~d negotiate with the County to provide full or partial on-site storage
facilities, as required by the FDEP consistent with the volume of treated
wastewater to be utilized.
The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station for each sewage collection basin.
Due to the design and configuration of the master pump station, llow by gravity
into the station will not be possible. The Developer's Engineer shall meet with
the County staff prior to commencing preparation of construction drawings, so
that all aspects of the sewerage system design can be coordinated with the
County's sewer master plan.
Thc cxhfing off-site utility facilities of thc District mus~ be evaluated for hydraulic
c~pacity to serve this project and r~inforced u require, if m'cessary, consistent
~ the Cour, ty's W~'r Master Plan io insu~ that the District's water system can
hydraulically provide a s~fficient quantity of water to meet the anticipated
demands of the project and the District's existing committed capacity. TI~
requirement will be waived provided a written statement is obtaimd from Collier
County Utilities Division stating that the District has adequate facilities ami
capacities to serve that phase of the project at the time utility service is required.
The existing off-site sewage transmission facilities of the District must be
evaluauxl for hydraulic cal~city to serve this project and improved as requin:d
outside the project's boundary to provide adequate capacity to transport the
additional wastewater generated without adverse impact to the existing
transmission facilities. This requirement will be waived provided a written
statement is obtained from Collier County Utilities Division stating that the
District has adequate facilities and capacities to serve that phase of the project at
the time utility service is roquired.
Within the Pelican Marsh Community landscaping (including palm trees, shrubs
and groundcovers), sidewalks/paths will be allowed within utility easements
including placement within thr~e feet (3') of a utility line. Canopy trees may be
located seven feet (7') from the utility line (seven feet (7') being measured from
the trunk of the tree to the centerline of the utility line). Reconstruction of
sidewalk/pathways or moditrxation/re-installation of plant materials due to
~ maintenance of utility line will be the responsibility of the Developer its
successors or assigns.
Collier County Utilities Division shall allow the installation of potable water and
irrigation water service connections to distn'bution mains during construction of
the single family subdivision utilities. The installation will be scheduled upon
request and payment of fees by the developer, its successors and/or assigns. The
installation will be in accordance with the al:proved plans and specifications,
current policies and procedures, and performed by the developers' contractor.
The contractor must be approved for the installation by the Collier County
Utilities Division. Fees will t~ determined by the current ordinance in effect at
the time of the request for conaections. Reim~rsement of connection fees will be
t-,bated to the developer annually based on meter installations.
Developer will prepare a study to determine the most effective and effk:ient means
to shield the light source spill-over from the sports field lights at Veteran's Park.
The study will address the approach, installation methods, costs and scheduling of
the work and will be presented to the Collier County Parks and Recnation
Director for review and approval. Developer will provide the County with
engineered drawings and specifications suitable for bidding by the County.
Developer will pay the County the value of the light shield installation and receive
impact fee credits for the value of the work.
8.10 ENVIRONIV[F, NTAL
In order to avoid r~petitive review of environmental issues in subsequent stages of
the County development approval process, the requirement for obtaining approval
of an Environmental Impact Statement (ELS) pursuant to Division 3.8. Section
3.8.3 of the Collier County Land Development Code shall be deemed satisfied for
all future activities which taka place within ~ Pelican Marsh Community PUD
boundaries that requir~ County permits for or County approval of developmenI or
site alteration. This provision is based upon (1) approval of the Pelican Marsh
Community application for Development of Regional Impac~ and tl~ Pelican
Marah Community Envirotm~ntal Suppletrm~t submitted in conjunction with this
Application For Public Hearing for PUD R~one; and (2) the Pelican Ma~h
Communi .ty PUD El~ ~ul:~ttea in conjunction with the Application for Public
Hearing for PUD Rezon~ which was approved via County Ordinance /t93-27.
Thia provision shall apply to tl~ Developer, iQ ~ueeessors, or assigns.
Pursuant to Collier County Land Development Code Article 3, Division 3.8,
Section 3.8.8, the Pelican Mar~h PI. ID ElS cited in provision 8.10.A above shall
constitute Collier County's r~vtew and approval of all environmental resources
and environmental quality ~ contained in th~ Pelican Marsh Community
Application for Developmem of Regioml Impact in so far as said issues
specifically pertain to land~ contained within the Pelican Mar~h PUD boundaries,
as defined via County Ordinance ~Y3-27.
Provisions 8.10 A and B above do not relieve the Developer from providing, or
foreclose the County from requesting, information relative to new or changed
environmental conditiom on tbe site relative to species of special stares pursuant
to Collier County Land Development Code Section 3.8.5.4.1.5.d. and e.
Do
The Collier County 'ST' overlay has been eliminated and replaced by this Planned
Unit Development, however all existing Collier County wellfield and/or
groundwater protection zones .~hall remain in effect unless otherwise modified by
Collier County.
The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into
this PUD by reference. The Cocohatcbee Strand R~toration Plan (WMB&P, Inc.
File No. ENV-88) depic~ the improvements contempla~ under the Cocohatc. bee
Strand Restoration Program and itemizes in tabular form the Cocohatebee Strar~
Mitigation Bank features including mitigation ratios and available credits for
impacts to Collier County juri.~lictional wetlands. It is understood that changes to
both the Cocohatcbe~ Strand l~toration Program and the Cocohatchee Strar~
Mitigation Bank may be required by regulating agencies. If such changes cause a
need to modify or revise the Cocohatchee Strand Restoration Program and
Mitigation Bank as depicted on the Restoration Plan, such modifications ~
revisions may be administratively approved by the Collier County Development
Services staff.
In accordance with Policy 7.3.5 of the Conservation and Coastal Management
Element of ~ Collier County Growth Management Plan, gopher tortoises shall
be re{ocated to the "GCO' District and to tim Xeric Scrub Conservation Are~.
Compensation for lost habitat whose extent has been approved by the Florida
Gam~ and Fresh Water Fish Commission (FGFWFC) shall be in accordance with
FGFWFC policy.
Collier County shall defer all environmental permitting regarding wetlands,
wetland impacts, and wetland mitigation to South Florida Water Management
District. The developer shall coordinate with and copy Collier County on all
approved permits.
8.11 SUBDIVISION REQ~~ AND STANDARD DESIGN SLrBSTI~ONS
Pelican Marsh Community shall be required to conform with the subdivision
improvement requiremct~ts set forth in Collier County Land Developmem Code Article 3,
Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following
substitutions to the improvement standards are approved for Final Subdivision Plat
requirements:
A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows:
Pelican Mar~h Boulevard shall be comidered a minor collector street and
shall be required to have a sidewalk or bilmpath on each side of the street.
Ail other through streets shall be comidered local streets and shall be
required to have a sidewalk or bikepath on one side of the street.
All cul4e-sacs serving more than fifty (50) single family lots shall be
required to have a sidewalk or bikepath on one side of the street.
All cul-de-sacs serving fifty (50) or less single family lots shall not be
required to have a sidewalk or bikepath provided the following conditions
are satisfied:
The right-of-way section shall include two twelve foot (12') wide
travel lanes, and
the gross density of thc cul-de-sac shall be less than two (2) units
per acre.
Privzte streets shall conform with the fight-of-way and pavement width
requirements of Subsection 3.2.8.4.16.5 except as follows:
Cul-de-sac and local meets less than org thousand feet (1,000') in length
arc required to have a minimum forty feet (40') right-of-way width and
two ten foot (10') wide travel lanes, subject further to the conditions ,ff
Section 8.11.A.4 of this PUD.
All other cul-de-sacs are required to have a minimum fifty feet (50') right-
of-way width and two ten foot (10') wide travet lanes, subject further to
the conditions of Section 8.11.A.4 of this PUD.
All other local streets are required to have a minimum fifty feet (50')
right-of-way and two twelve foot (12') wide navel lanes.
Where sidewalk design substitutions are desired per Section 8.11 .A.4 of
this PUD, cul-de-sac su'eets shall have a mi~num of two twelve foot
(12') wide travel lanes.
Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but
may exceed a length of one tlxau.~nd feet (10(30').
Tangents between reverae curves shall not be required under Subsection
3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement shall he
seventy-five feet (75').
Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14
provided that applicable Florida Department of Transportation, Manual of
Uniform Minimum Standar& (FDOT MUMS) and AASHTO criteria are met.
Roadside slopes within private street rights-of-way may be allowed to a maximum
of 3:1 in accordance with FDOT MUMS, page 111-35.
8.12 PINE RIDGE CANAL
The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on
the Pelican Marsh .Community Master Plan. The design of the relocated canal
incorporates features intended to fully mitigate for any impacts associated with its
construction and elimination of the existing canal, and shall therefore not require the use
of mitigation credits established under the Cocohatchee Strand Restoration Plan.
Maintenance of the Pine Ridge Canal and associated control structures within the
boundary of the Pelican Marsh Community PUD shall be the responsibility of the
PMCDD.
8-12
8.13 DEDICATIONS
All dedicatiora of property or facilities for a public ptupo~, whether by easement or
deed, may, at Developer's option, contain a condition limiting the use to said public
purpose. In addition, said dedication, at Developer's option, may contain a reverter
clause in the event the public purpose usc is discontinued or not commenced within a
reasonable time period. The "reasonable time" will be agreed to between the developer
and the grantee at the time of the dedication, it being the intent of the grantee to have
sufficient time to commence the use of the dedication.
8.14 PELICAN MARSH COMMUNITY SCHOOL SITE
The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be
subject to the following standards and restrictions:
A. Permitted Use
Thc school site shall only be improved for and used as a school for school
B. Building Setback Lines, Size of Building and Building Height
The minimum setback of any structure (including temporary, accessory
and portable structures) from a property line or fight-of-way line shall be
twenty-five (23) feet on the northern and western property lines and fifty
(50) feet on the eastern and southern property lines.
No principal structure of any kind shall exceed three (3) stories in Might
and accessory structures shall be limited to a maximttrn of twenty (20) feet
in height. The maximum height of any structure shall be measured as set
forth in the Collier County Land Development Code.
Landscaping
All areas not covered by structures, walkways or paved parking facilities
shall be reasonably maintained and irrigated as lawn or landscape areas to
the pav~nent edge of any abutting street, to the property line and/or to
the location requir~ by .~uth Florida Water Management District of any
abutting lakes, canals or water management areas. No stone, gravel or
paving of any type shall be used as a lawn. All required lawns and
landscaping shall be complete at the time of completion of the stn'~:tures
evidenced by the issuance of a certificate of occupancy by the app:.~priate
governmental agency.
12B 2
Do
Eo
Signs
Any sign installed in. on or placed within the School Site shall be no
larger than ten (10) feet in length by five (5) feet in height. Lighting of
any sign may be fluorescent uplight from grade. No neon or colored
lighting is allowed. All signs must also conform with the Collier County
Land Development Code.
Exterior Lighting
All exterior lighting for the school buildings shall be for the expressed
purpose of safety and security only and shall use fixtures, Light source,
installation and control techniques to contain light within the School Site
and eliminam or n'tinimo~ light spillage into or onto adjacent properties.
There shall be no nlglxtime lighting of athletic or recreational playing
fields or courts or playgrounds within the School Site.
Outdoor Equipment
All garbage and trash containers, oil tanlc% bottled gas tanks, swimming
pool equipment and housing and sprinkler pumps and other such outdoor
equipment must be underground or placed in walled-in or sight-screened,
fenced-in areas so that they shall not be readily visible.
For structures at the maximum building height, all vents, stacks, and
mechanical equipment of any nature and type, and other such outdoor
equipment located on roof areas shall be sight-screened so that .they shall
not be readily visible from adjacent properties.
All active sports are~ including baseball, soccer, basketball, football,
etc., shall be setback twenty-five (25) feet from the easterly and southerly
property lines.
8.15 NOTIlrlCATION OF PROXIMITY TO COUNTY FACILITY
Developer shall include the following Notice in its sales contracts with purchasers within
PMC who are acquiring an interest in real property for residemial purposes from
Developer located within 500 linear feet of the closest boundary of the County's
Wastewater T~eatment Plant parcel on Goodlette Road:
'This is to notify you that the property you an: acquiring is located
within 500 linear feet of the prop¢~ boundary of Collier County's
Wastewater Treatment Plant. This notification is made at the
request of Collier County."
The above notification will no longer be required when and if the County adopts an
ordimnzc or regulation acklressing tl~ subject; pro '__vi,~__ lmwever ttmt Developer sl~
comply with the requirements of said ordinance or regulation, where applicable.
~te~ ~tty ~
I~q~te~/ FL 33940
AffCdev~t of Pubt~oet~
12B
2
ATTN: ~ SALt~Ue
PO BOX &I~6
~PLES FL 34101-3016
NOTICE OF INTE](T TO
State of
County c~ C~tt~e~
~n CoLtt~ ~ty, FL~t~:
Aff tarot furt~r
~ ts a ~r ~LI~ at ~t~, $fl ~$d
~ ~ ~o ~ ~ter,~ ~ t~ C~ll mil
~ter et tM ~t ~ft~ Iff ~t~, tfl Mid
~xt FKI~
p~t~
~ticot$~ tn t~ ~td ~r.
AD SPACE: 110.CXX) %NCH
FZLED O~: 11/2&/97
St~nlture of Affiant
Per~LLy ~ ~ ~
MEMORANDUM
TO:
DATE:
RE:
P~.ald N/no, Chide. P~.
Vht Fw.,dm~'le 543-6948
~ ~.7 Q: PI~ dd~/o thi~ ~tio~ in it~ mflm~.
Fzc/lifie~ I~F~~
PI~ frei free ~o ~ m~ if you Imco =ny quit/om.
. 12/05/~?
17:37 P,~I 041 043 B?IS
l:~.est~ntial lands abutting r. hose areas of Vtc~ria Park Su~i~
P~r ~ Su~lvision ~ ~F-2, ~ ~tl W~ ~ ~ P~-2
shall ~ IJmit~ ~ 8i~le f~ly d~llJ~, ~f~i~ ~llt~.
with n miflim,~ ~m' ~t~ f~-~ ~ ~ p~.~
~ed Feet (1~'~.
Off street parking required for multi-family ~ shall bc -_ccc_-sed by parkirz~
aisles or driv,~vays which are ~'parate from ~ ro~ds which serve& m~m,e-~hs~
ev~ I. dcveloprnent~ ~-~r~.4h.,~ 96 ,,-~,. A cafl-de-s~c ro~d w~in t~--
f~m pnve~nt ~ge ~ ~~ ~So ~11 ~ ~ p~ ~slc ~
~~. - _ _
Single family patio and zero 1o~ line dwelitl"~,~ a~:: Identified separately from
single family detached dweil~ wt~ co~l s~ y~ ~ ~
d~tin~h t~ ~ for ~ ~ of ~ly~ ~el~ s~ u~
Table 1. Pa~oa~ ~ l~ [l~d~llt~ f~i] ~~ ~ ~of~
single family s~ e~loytng a ~ro or ~ side ya~ ~ ~ f~ ~in,
· ~ which ~nfo~ to r~l~ of ~11~ ~ ~ ~vel~m C~
A~cle 2, Division 2.6, Sub~ion 2.6.27.
The cnhann emlc-~re r~Jft he conrt-cn-~t ~ ff~ ~n~ of t~ ~~ in.,
· 12/08/97
WILSON MILL~
2
8.8
~h Community Master Planned Activ/v/ Cent. Map 11 of the Collier
County I.and Developm~ ~e s~]l ~ ~ ~ ~ ~ ~~ ~ ~
PUD w ~fl~ t~ ~fi~t~n of ~ A~viW ~ ~ ~ ~1~ of ~
Q. ~1~. at ~ ~ ~nn, c~ ~ ~-~ ~ r~ ~ V~:,::~
An Excavation Pen'nit will be required for proposed lakeis) and Pirie Ridge Canal
relocation in ~ ~ Dtvlalon 3.:~ of Collier County Ordinance No.
102 and South Florida ~/'nlee ~4n~ Dtetrtct rulea.
A copy of · South Plorlda Wm l~nag~ District Permit or ~.~t-ly Work:
Pc, i,,it is r~quh'ed prior to ~ ptnn Iq:~:w'JviJ.
A letter of no objection fi'om tt~' Collier Cotmty Utility Division stating that no
adverse impact~ on the percolation ability of the acljncent wa.stewate~ treatmem
ponds w/D! occur as a result of the Pine RJdge Canal relocat/on &hall be provided
prior to ~ubdtvilion m~rm:tton plane epprov~ oz' PreJizn/na~ Work
Author/zarlon. which ever occurs fir~. Preliminary ~v'ork )d.u:hotizat/or~
approved by the ~<~rd of Coumy Cornrn/uioner~ on b4ay 20, 1993, and ~
on April 19, 1994.
All off-Iit~ flow collecl:/on and routing facllifle~ shall be n:vlcwed and approved
by Collier County Development ,Service~ ~t at the time of ~bdiv/sion
construction plan approval.
The fixed cre~t weir with emergency underflow gate wpich replaces the ex/minE
emu gate will be ~ and approved by Collier Comity at the time of
Wc~ ~ ~ addhkms, w'ord~ ~ ~ deleti~ns,
~1004
The exL~ing off-4Jte sewage transmiasion facilities of 1he Distrtcx rnt~ be
evaluated f~ hydraulic capacity to scrve th~s project and improved as required
outsid~ the project's boundary to pTOV~
tmn~rni~alon facllltie~. Thb r~p2~ w/Il be
sma'meat is obtained from CoJlJm' County Udlitka Division stating that the
Djrcrtc[ hu adequate factlitle~ ~ ~tie~
the time utility ~ervice is required.
Within the Pelican Marah Community land~caphmg (includh~ palm trees, shrubs
and groundcovers), sidewnlkn/lmths will be allowed w/thin utility e&mements
includln~ placement wlth/n three feet 0') of a utility Line. C. aoopy tree___- may be
located se,/cn fe~t ('7') from ~ utility linc (seven fee~ (7') being ~ from
the trunk of [IM tree to OJe centerlltm of the utility linc). ~truczion of
skiewalk/~ or modJflcatJon/t~-ir~mHaflon cd' plafl~ f~ttcrta~ duc to
neccasary maintcntn~ ofutilhy IJr~ will be the responsfbiHty of the D~-~ei~ its
su~ or auigm.
M0
Collier County Utilities DtvJaion shall allow ttm irutailatton of potable w~__e_,' and
irrigation w&ter aervice cotmocth:)~ to dLmtribution maim during ~tion of
t,%e single fumily mixlivh{oo uu~.~tie~. The lrdtnllatJon will be schtc~]c~ upon
request and paymer~ of fee~ by the developer, ia ~w.x:euor~ andYor migru~. The
installation will be in a~:x:x~lae-~e with ~M~ nl:~roved plnt~ and sl:)ex:~Om,
cu~crU pOlicfcs and prcx:edur~, Lad peffoTme~ by the dcvelopcrs'
'F~ contractor must be aj:~,o~ for the JrmtllLuflC)tl by the Collier County
UflJkles r)tvision. For.8 will be ~Jrmsd by [he curre~ ordirmm:~ in
thc tirr~ of the reque~ for c~. Rc~ of ~ofl fccs will be:
rcbatcd K) thc deYelOpc'r Irmual]y basc~ on mctm' in~lllatiom.
D~vel _o~T will _~re~_ m-e
~ ~ld ~ light ~ ~!1~ ~ r~ ~ fle~ lt~h~ ~ ~n'~ ~_
~ ~y will ~d~ ~ e~h ~nll~ ~t_ ~ x~ ~ltfl~ Of
~ ~ ~ will
Di~ for ~
~el~ will ~ay t~
8.10 ENVTRONMENTAL
In order to avoid repetitive t~tvlew of cnvirorm~ntal i~ in ~~ ~g~ of
the County dcve1~nt a~l p~, ~ ~~ f~ ~ a~
3.8.3 or the Collier C~nw ~ ~el~ C~o s~ll ~ ~ ~C~ for
all ~m~ actlvitJ~ wh~ ~ pl~ ~Jn ~ ~ ~ ~~ P~
A:I ORDINANCE AMENDING 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
AMENDIMG THE OFFICIAL ZONING ATLAS MAPS
NUMBERED 8525N, 8525S, 8527N, 8527S, 8534N,
8534S, 8535N, 8535S, 8536N, 8536S AND
853536 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS PELICAN MARSH, FOR
PROPERTY LOCATED IMMEDIATELY NORTH OF AND
CONTIGUOUS TO VANDERBILT BEACH ROAD (C.R.
901), US 41 NORTH, TO THE PLANNED
LIVINGSTON ROAD RIGHT-OF-WAY IN SECTIONS
25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 2072.88 ACRES, MORE OR LESS;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 95-1, AS AMENDED, THE FORMER PELICAN
MARSH PUD; AND BY PROVIDING AN EFFECTIVE
DATE. (COMPANION TO DOA-97-4)
WHEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe,
P.A., representing WCI Co~unities, L.P., 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 herein described real property
located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 26
East, Collier County, Florida, is changed from "PUD" to "PUD" Planned
Unit Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Maps numbered 8525N, 8525S, 8527N,
8527S, 8534N, 8534S, 8535N, 8535S, 8536N, 8536S and 853536, as described
in Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
12B2
SECTION TWO:
Ordinance Number 95-1, as amended, known as the Pelican Marsh PUD,
adopted on January 24, 1995 by the Board of County Commissioners of
Collier County, is hereby repealed in its entirety.
SECTION THREE:
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 ~J~~/1997.
ATTEST:'. ~:'.
DWIGHT,'~E. B.R0.CK, Clerk
Approve~ 'aa..to..'E'orm and
Legal Sufficiehcy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY HANCOCK, Chairman
Marj6~i~- ~. Stuaent
Assistant County Attorney
f/PUD- 93-1 {3)
PELICA~N MARSH COMMUNITY
A
PLANNED UNIT DEVELOPMEbCr
2072.$8± Acres Located in Sections 25, 27, 34, 35 & 36
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
WCI COMMUNITIES, L.P.
24301 Walden Center Drive
Bonita Springs, Florida 34134
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
PUD 93-1, ORDNANCE 93-27 - ORIGINAL
PUD 94-9, ORDINANCE 95-4 - AMENDMENT
PUD 94-9(1), ORDINANCE 95-50 - AMENDMENT (SCRIVENER'S ERROR)
DATE FILED 8~0/97
DATE REVIEWED BY CCPC ~
DATE APPROVED BY BCC ~
ORDINANCE NUMBER ~7-79
TABLE OF CONTENT~
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
S~ON VI
SECTION VII
SECTION VIII
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL DISTRICT
GOLF COURSE, RECREATION & OPEN SPACE
DISTRICT
RESERVE DISTRICT
CULTURAL CENTER DISTRICT
ACTIVITY CENTER DISTRICT
GENERAL DEVELOPMENT COMMITMENTS
ii
iii
1-1
2-1
3-I
4-1
5-1
6-I
7-1
8-1
12B2
LIST OF EXHIBITS
MASTER PLAN (WMB&P. Inc. File No. RZ-219-H)
STATEMENT OF COMPLIANCE
The ~ of this section is to express the intent of the WCI Communities, L.P., hereira. Rer
referred to as WCI or the Developer. to create a Plamaed Unit Development (PUD) on
2072.88:t: acres of land locat,d in Sections 25, 27, 34, 35, & :Mi Township 48 South, Range 25
East, Collier County, Florida. The name of thi~ Plasmed Unit Development shall be Pelican
Mar~h Community. The developmem of Pelican Marsh Community will be in general
compliance with the planning goals and objectives of Collier County as set for',h in the Growth
Mamgcrtent Plan. The development will be conshnent with the growth policies and land
development regulations adopted thereunder of the Growth Management Plan Future Land Use
Elen~nt and other applicable regulations for the following reasons:
The subject property is within the Urban Mixed Use District/Urban Rt=sidential
Subdisttict as identified on the Future Land Use Map as required in Objective 1, of the
Future Land Use EI~ (FLUE). The purpose of the Urban Residential Sub~istrict is
to provide for hig3er density r~sidential uses in an area with relatively few natural
resource constraints and where existing and planned public facilities are concentrated.
The proposed density cf Pelican Marsh Community is 2.5 units per acre and less than
the maximum density permitted by the FLUE Density Rating System and is therefore
consistent with Future Land Use Elemem Policy 5.1. The entire subject property
qualifies for a base density of four units per acre. Cerlain parts of the subject property
are further subject to density adjustments including a proximity to Activity Center density
bonus, roadway access density bonus, and long range traffic congestion area and
Lntercormecfion density reduction, which when taken collectively and applied to the
property yield an allowable density greater than three units per acre.
Pelican Marsh Community is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5,4 of the Future Land Use Element,
Improvements are planned to be in substantial compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Usc Element.
The development of Pelican Marsh Community 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.
Pelican Marsh Community is planned to incorporate natural systems for water
management in accordance with their mraral functions and capabilities as may be
required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
Pelican Marsh Community is a large scale functionally interrelated community, and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier
County Land Development Code Planned Unit Development District.
Pelican Marsh CommunRy represents a large scale infdi community within thc Urban
District, ffgrcby discouraging urtnm sprawl as required by Policy 5.3 of the Future Land
Use Element.
SItORT TITLE
This ordiflL~e shall be known ara cited as ff, e 'PELICAN MARSH COMMUNITY PLANNED
UNIT DEVELOPMENT ORDINANCE'.
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this ~tion is to ~ forth the legal description and ownership of Pelican
Marsh Community, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
PELICAN MARSH. being approximately 2072.88 acres, is legally described as follows:
BEGINNING at the southwest corner of Section 27, Township 48 South, Range 25 East,
Collier County, Florida;
thence along the west Ii.ne of said Section 27 and the easterly right-of-way line of U.S. 41
North 00o38'20- W~st 2623.40 feet to the west I/4 corner of said Section 27;
thence continue along the west line of said Section 27 and said right-of-way North
00'39' 12' West 827.69 feet;
thence leaving said line North 89'20'45' East 3844.57 feet to the westerly right-of-way
line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58. Public
Records of Collier County. Florida;
thence along said westerly fight-of-way line in the following four (4) described courses;
1) South 05'34'48' East 3545.96 feet to the south line of said Section 27;
2) South 05'33' 10' East 2642.17 feet;
3) southerly 620.87 feet along the arc of a circular curve concave westerly having a
radius of 2799.93 feet through a central angle of 12.'42' 18' and being subtended
by a chord which bears South 0(Y'47'59' West 619.60 feet;
4) South 07°09'08' West 1675.64 feet to the boundary line of the plat of Pine Ridge
Second Extension as recorded in Plat Book 10, page 86 of the Public Records of
Collier County, Florida;
thence a~ong the boundary of said Pine Ridge Second Extension in the following eight (8)
described courses;
1)
2)
3)
4)
5)
7)
South 89050'58- West 88.21 feet;
North 31°34'C0" West 120.19 feet;
North 05'37' 10' West 956.47 feet;
South 74°46'39" West 379.98 feet;
South 12~4'43' East 23.53 feet;
South 87~09'43' West 272.40 feet;
northwesterly 1854.46 feet along the arc of a non-tangential circular curve
concave southwesterly having a radius of 1640.26 feet through a central angle of
64°46'40" and being subtended by a chord which bears North 48"50'02' West
1757.26 feet;
8) North $1°13'22, West 737.85 feet;
thence leaving said plat boundary North ~'39' We~t 707.85 feet;
thence South 89033'32' East 336.81 feet;
thence Nord~ 00026'28' East 180.64 feet;
theme northerly 37.60 feet along thc arc of a circular curve concave easterly having a
radius of 130.00 feet through a cenrxal angle of 16°34'19- and being subtended by a
chord which bears North 08°43'37- East 37.47 feet;
thence North 17°00'47' East 181.41 feet;
thence northwesterly 654.92 feet along thc arc of a circular curve concave southwesterly
having a radius of 395.00 feet through a central angle of 94°59'52' and being subtended
by a chord which bears North 30029'09- West 582.44 feet
thence North 77°59'05- West 144.30 feet;
thence northwesterly 418.87 feet along thc arc of a circular curve concave northeasterly
having a radius of 800.00 feet through a central angle of 29°59'57- and being subtended
by a chord which bears North 62°59'06' West 414.10 feet
thence North 47°59'08" West 100.03 feet;
thence westerly 615.18 feet along thc arc of a circular curve concave southerly having a
radius of 826.09 fcct through a central angle of 42°40'04" and being subtended by a
chord which bean North 69'19'10' West 601.07 feet;
thence South 89"20'48' West 204.55 feet to thc west line of said Section 34, and the cast
right-of-way linc of U.S. 41;
thence along said linc North 00039'20' West 665.92 feet to thc Point of Beginning;
LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book
22, pages 88 through 89 Public Records of Collier County. Florida being more
particular described as follows;
BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89°33'32" East
306.56 feet to a point on the west line of Tract WF-1 (Drainage Easement) according
to the Plat of Grand Isle at Pelican Marsh. Plat Book 24. pages 67 through 70. Public
Records of Collier County, Florida;
thence along said linc South 00°00'00'' East 481.17 feet to a point on the north line of
Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five,
Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida;
thence southwesterly. 306.37 feet along the arc of a non-tangential circular curve
concave to the southeast, having a radius of 2430.00, through a central angle of
07°13'26'' and being subtended by a chord which bears South 88°15'16'' West 306.17
feet to a point on the boundary of said Pelican Marsh Unit Five;
thence along said line North 00°03'39'' West 492.87 feet to the POINT OF
BEGINNING of the parcel herein de~ribed;
Containing 3.40 acres more or less;
Subject to easements and restrictions of record.
Bearings are based on the north line of said Pelican Marsh Unit Five being South
89033'32" East.
1282
containing 573.98 acres more or less;
subject to easements and restrictions of record;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 114 corner of said Section 27;
thence along said west line North 00"39' 12' West 827.69 feet;
thence leaving said line North 89"20'45' East 577.78 feet to the POINT OF
BEGINNING of the parcel herein described;
thence North 5704'7'59. East 46.92 feet;
thence North 68°35'21' East 110.88 feet;
thence North 00°39'12" West 187.52 feet;
thence North 77"43'40" East 573.08 feet;
thence South 72°59'03" East 785.48 feet;
thence South 0(P39'15' East 27.71 feet;
thence North 89'20'45' East 503.78 feet;
thence South 0(P39'15' East 100.64 feet;
thence South 89~20'45' West 1957,22 feet to the Point of Beginning of the parcel herein
described;
Subject to casements and restrictions of record.
Containing 9.5 acres more or less.
Bearings are based on thc west line of said Section 27 as being North 00°39. 12' West:
AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27. Township 48 South, Range 25 East, Collier County. Florida
and being more particularly described as follows:
Commcncing at thc west one quarter corner Section 27, Township 48 South, Range 25
East;
thence along the west line of said Section 27 North 0(Y'39' 12" West 827.69 feet;
thence leaving said section line North 89"20'45" East 55.00 feet to the Point of
Beginning of the area thereon described;
thence North 89~20'45" East 366.45 feet;
thence South 00'39'15' East 34.09 feet;
thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave
southwesterly having a radius of 70.00 feet through a c~ntral angle of 38"45'23" and
being subtended by a chord which bears South 64°19'09" East 46.45 feet to a point of
compound curvature;
~,henc, e southerly 259.53 feet along the arc of a circular curve concave westerly having a
radiu~ of 197.21 feet through a central angle of 75024'06' and being subtended by a
chord which bear~ South 07'14'23' F.~t 241.20 feet to a point of reverse curvature;
thence souther]y 151 .ad} feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 66'43'37' and being subtended by a
chord which bears South 02054'07. East 142.99 feet to a point of reverse curvature;
thence .southerly 120.22 feet along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98024' 12" and being subtended by a chord
which bear~ South 12'56'10' West 105.98 feet;
thence South 62'08'16' West 75.07 feet;
thence ~utherly 48.75 fee~ along the arc of a circular curve concave easterly having a
radius of 30.00 feet through a central angle of 93006'13' and being subtended by a chord
which bears South 15~5'10" We~t 43.56 feet:
thence al,ag South 30'57'5g' East 34.79 feet:
thence ~outherly 19.94 feet along the arc of a circular curve concave westerly having a
radius of 80.00 feet through a central angle of 14'16'43' and being subtended by a chord
which bears South 23'49'37" East 19.89 feet:
thence along a non-tangential line South 84°13'14" East 158.41 feet:
thence South 80'55'24' F,~t 183.78 feet:
thence South g1'52'51" East 180.90 feet:
thence South 00'00'00" E,m 261.28 feet:
thence West 394.57 feet;
thence East 271.73 feet;
thence West 120.32 feet:
thence West 54.13 feet:
thence West 89.04 feet:
thence West 65.19 feet:
thence West 74.80 feet;
thence West 115.24 feet;
tlgnce East 171.51 feet;
thence West 106.79 feet;
thence East 28.51 feet;
· ,hence West 54.78 feet;
thence West 112.78 feet;
thence West 53.08 feet;
West 50.49 feet;
West 303.49 feet to the Point of Beginning of the area herein
North 90'00'00"
North 00'00'00"
North 84'13'14'
South 33~5'40"
South 76'56'51'
North 58'35'21'
North 15'31'55'
North 00°,~ 1 '41"
North 28~2'47~
North 17'11'45'
North 13'02'52'
North 73'36' 14'
South 49'16'08'
South 89~47'08'
thence North 58'00'49'
thence North 00'39' 12"
described;
Containing 7.8 acres more or less;
Subject to easements and restrictions .of record;
Bearings are based on the west line of Section 27, Township 48 South, Range 25 East.
Collier County, Florida being North 00'39' 12' West;
and
I-4
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Corm'neneing at tl~ west 1/4 corner of said Section 27;
thence along said west line North 00"39' 12' West 827.69 feet:
thence leaving said line North 89~20'45' East 2469.55 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89'20'45' East 787.88 feet;
thence South 84°45'32" West 23.43 feet:
thence South 74°56'42, West 121.32 feet;
thence South 79'49'51" West 45.93 feet;
thence westerly 45.51 feet along the arc of a tangential circular curve concave to the
north having a radius of 66.00 feet through a central angle of 39°30'16' and being
subtended by a chord which bears North 80°25'01" West 44.61 feet to a point of reverse
curvature;
thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the
south having a radius of 150.00 feet tha'ough a central angle of 20°12'57" and being
subtended by a chord which bears North 70°46'21" West 52.65 feet;
thence North 80'52'50' West 36.59 feet;
thence westerly 46.17 feet along the arc of a tangential circular curve concave to the
south having a radius of 80.00 feet through a central angle of 33°04'13' and being
subtended by a chord which bears South 82'35'04' West 45.54 feet to a point of reverse
curvature;
thence westerly 38.16 feet along the arc of a tangential circular curve concave to the
north having a radius of 60.00 feet through a central angle of 36~26'15" and being
subtended by a chord which bears South 84°16'06' West 37.52 feet to a point of reverse
Curvatq.~re;
thence westerly 68.84 feet along the arc of a tangential circular curve concave to the
south having a radius of 305.00 feet through a central angle of 12°55'58- and being
subtended by a chord which bears North 83°58'44' West 68.70 feet;
thence South 89'33'17' West 18.36 feet;
thence South 89°39'11" West 71.63 feet;
thence North 89*35'03' West 36.03 feet;
thence South 86~)6'33' West 42.94 feet;
thence South 83°44'08- West 26.23 feet;
thence South 51°01'05" West 27.49 feet;
thence South 33*25'42' West 19.95 feet;
thence South 15"39'57' West 20.54 feet;
thence South 10"54'31"
thenx:e North I0"45'58"
described;
West 34.64 feet;
West 101.06 feet;
East 101.42 feet to the Point of Beginning of the parcel herein
Subject to easements and restxictions of record.
Containing 0.48 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39. 12' West;
1 2B2,
All that part of Section 27, Tow~b3p 48 ,~uth, Range 25 East, Collier County, Florida
being more panic, laxly described al follows:
Commencing at the west 1/4 corner of ~aid Section 27;
thence along said west line North 00'39' 12" West 827.69 feet;
thence l~aving said line North 89°20'45" East 3401.12 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89~20'45" East 443.43 feet;
thence South 05034'48, East 147.72 feet;
thence South 89~20'45" West 51.56 feet;
thence North 23'56'01" West 13.07 feet;
thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east
having a radius of 80.00 feet thxough a central angle of 21'59'53" and being subtended
by a chord which bears North 12'56'04" West 30.53 feet;
thence North 05°01 '01" West 31.56 feet;
thence North 36°19'27' West 32.02 feet;
thence North 56°04'43' West 35.11 feet;
thence North 80'39'23' West 32.53 feet;
thence North 88039'20" West 97.78 feet;
thence North 86004'48" West 45.79 feet;
thence North 89049'56" West 132.77 feet;
thence North 69°40. 18" West 37.23 feet to the Point of Beginning of the parcel herein
descril~d;
Subject to easements and restrictio~ of record.
Containing 0.38 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00039. 12' West;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northwest comer of said Section 35;
thence along the north line of said Section 35 North 89045'35.. East 5231.69 feet to the
west right-of-way line of Airport-Pulling Road (C.R. 31);
thence along said westerly right-of-way line South 00031'47" East 5258.31 feet to the
south line of said Section 35;
thence along said south line South 89~39'22" We~t 2541.65 feet to the south 1/4 comer
of said Section 35;
thence continue along said south line South 89~39'32" West 2641.33 feet to the southwest
comer of said Section 35;
thence along the south line of said Section 34 South 89°51'02" West 391.57 feet to the
boundary lin: of a parcel described in O.R. Book 524, page 12l of the Public Records of
Collier County, Florida;
thence along the boundary of said parcel North 01°03'33' West 295.29 feet;
thence continue along the boundary of said parcel South 89°51'02" West 443.28 feet to
the easterly right-of-way line of proposed Ooodlette-Frank Road as recorded in Plat Book
13, page 58 of the Public Records of Collier County, Florida;
thence along said easterly right-of-way line North 07:~Y9'08' East 1729.52 feet;
thence continue along said easterly right-of-way line nor',herly 649.69 feet along the arc
of a circular curve concave westerly having a radius of 2929.93 feet through a central
angle of 12*42'18' and being subtended by a chord which bears North 0(Y'47'59' East
648.37 feet',
thence continue along said r~ght-of-way line North 05'33'10" West 2628.44 feet to a
point on the north line of said Section
thence leaving said right-of-way line and along the north line of said Section 34 South
89'31'31' East 772.91 feet to the Point of Beginning;
containing 708.39 acres more or leu;
subject to ea~ernent.~ and restttctiorts of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the northeast corner of said Section 36;
thence along the east line of said Section, South 02'12'03"
East 2671.63 feet to the east 1/4 corner of said Section 36; thence continue along the east
line of said Section 36 South O2"06'28" F. ut 2319.08 feet to a point on the northerly
fight-of, way line of Vanderbtlt Beach Road;
thence along said northerly fight-of-way line North 89~39'39" West 2855.35 feet;
thence continue along ~aid line North 89'43'59" West 2544.87 feet to a point on the
easterly right-of, way line of Airport-Pulling Road (C.R. 31);
thence along said easterly right-of-way line North 00"31'47" West 4490.03 feet to the
southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north
619.49 feet of said Section 36;
thence along the south line of said land North 89"27'57" East 15.00 feet;
thence along the east line of said land North 00'31 '47' West 80.00 feet;
thence along the north ]ina of said land South 89~27'57" West 15.00 feet to the east right-
of-way line of Airpor~ Road (C.R. 31);
thence along said right-of-way North 00"31'47" West 539.49 feet to the not'th line of said
Section 36',
thence along said north line North 89"27'57" East 3914,28 feet to the southwest corner of
the east 1/2 of the east I/2 of said section 25;
thence along the west line of the east 1/2 of the east 1/2 of said Section 25 North
01'54'09' West 2668.19 feet;
theme continue along the west line of the east 1/2 of the ~st 1/2 of said Section 25 North
01'57'16' West 2567,06 feet to a point on the southerly right-of-way line of lmm.kale.
Road (C.R. ~6):
thence along said right-of-way Noah 89°14'36" East 1325.57 feet to the east line of said
Section 25;
thence along said east line of section 25 South 02006'59" East 2569.75 feet to the east
1/4 corner of Section 25;
thence continue along said east line of Section 23 South 02'00'46" East 2670.97 feet to
the Point of Beginning;
containing 789.67 acres more or less;
total parcel contains 2076.28 2,072.88 acres more or less;
subject to easements and restrictions of record;
bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the n~rth
line of Section 35, being North 89"45'35" East.
1.1 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of WCI
Communities, L.P., who~e address is 24301 Walden Center Drive, Bonita Springs,
Florida 34134. Detailed ownership information is provided on Attachment 4-1 of the
Pelican Marsh Comrtmnity Application for Development Approval.
1.2 GI:'.NERAL DESCRIPTION OF PROPERTY
The project site is located in Sections 25, 27, 34, 35, & 36 Township 48 South,
Range 25 East, and is generally bordered on the west by Tamiami Trail North
(U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent
Lake Estates, Four $ea$om and Immokalee Road (C.R. 846); on the east by the
future Livingston Road; and on the south by Pine Ridge Subdivision and
Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards
PUD. The location of the site is shown on Map A of the Pelican Marsh
Corru'nuniry Application for Development Approval.
The zoning classification of the subject property as of this submittal is PUD
(Planned Unit Development), A (Rural Agricultural) and A-~WI'.
Elevations within the site range from 6' to 14' above mean sea level with an
average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-
0193D, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh
property is located within both zones "AE" and "X". Topographic mapping is
shown on Map C of the Pelican Marsh Commuz,~ity Application for Development
Approval.
The soil types on the site generally include Immokalee fine sand; Myakka t-me
sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine
sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder
and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca,
Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban
Land; Urban Land Holopaw Basinger Complex; Urban Land Immokalee Oldsmar
Limestone Substratam complex; Satellite time sand; and Urban Land Satellite
Complex. Soil Conservation Service mapping of soil types is shown on Map E of
the Pelican Marsh Community Application for Development Approval.
Prior to development, vegetation on site primarily consisted of agricultural fields,
(active and abandoned) including agricultural facilities, pine flatwoods, Brazilian
12B
Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress,
disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is
shown on Map F of the Pelican Mar~h Community Application for Development
Approval.
The project site is located within the Cocohatchee River Basin as depicted within
the Collier County Drainage Atlas (1993). The general surface drainage pattern
of the site west of Airport Road runs in a south to north direction into the Pine
Ridge Canal. The drainage pattern of the site east of Airport Road runs in a east
to west direction into the Airport Road Canal. Both canals eventually discharge
into the Cocohatchee River. The Stormwater Management Master Plan is shown
on Map I of the Pelican Marsh Community Application for Development
Approval.
1.3 DEVELOPMENT OF REGIONAL IMPACT
1.4
Due to its scope, the Pelican Mar~h Community has been reviewed and approved by
Collier County pursuant to Section 380.06, l~fil~s_~gdllI~, as a Development of
Regional Impact CE)RI). Developer has also received approval from the Florida
I)eparlrnent of Community Affairs (DCA) for aa application for a Preliminary
Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh
Community. This approval provided the State's authorization for the commencement and
development of the first phase of the community, which is below 80% of any applicable
DR/threshold.
DENSITY
Acreage of the Pelican Marsh Community is approximately 2072.88 acres and the
number of dwelling units authorized to be built pursuant to this PUD is 5100. The gross
project density, therefore, will be a maximum of 2.5 units per acre.
At all times all property included within the Pelican Marsh Community shall be included
in determining project density including property reserved or dedicated for public uses,
such as, but not limited to, public roadways.
2.1
2.2
SECTION II
PROJECT DEVELOPMENT
TI~ purpose of this S~:tion is to generally describe the plan of development for Pelican
Marsh Community, and to identify relationships to applicable County ordinances,
policies, and procedures.
GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
Pelican Marsh Community, a private conmamity, will include a broad range of single
family and multi-family housing, 63 holes of golf with clubhouses and other associated
facilities, a maser plannot activity coatm' including a ri:sort hotel and cultural facilities,
stormwater management lakes, open spaces, and reserve areas.
The Master Plan is illustra~:l graphically on WMB&P, Inc. File No. RZ-219-H. A
Land Use Summary indicating approximate land use acreages is shown on the plan. The
location, size, and configuration of individual tracts shall be determined at the time of
Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat
approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County
Land Development Code.
2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES
Regulations for development of Pelican Marsh Community shall be in accordance
with the contents of this PUD Ordinance and applicable sections of the Collier
County Land Development Code (to the extent they are not inconsistent with this
PUD Ordinance) which are in effect at the time of issuance of any development
order to which said regulations relate which authorizes the construction of
improvements, such as but not limited to Final Subdivision Plat, Final Site
Development Plan, Excavation Permit and Preliminary Work Authorization.
Preliminary Work Authorization was approved by the Board of County
Commissioners on May 20, 1993 and mended on April 19, 1994. Where this
PUD Ordinance or subsequently adopted Community Design Guidelines and
Standards fail to provide developmental standards, then the provisions of the most
similar zoning district or section of the Collier County Land Development Code
shall apply.
Unless otherwise defined heroin, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the Collier
County Land Development Code in effect at the time of development order
application.
2-1
Development permitted by the approval of ~ PUD will be subject to a
concun'ency review under the Adequate Public Facilities Ordinance Article 3,
Division 3.15 of the Collier County Land Development Code.
Unless modified, waived or excepted by this PUD or by subsequent request, me
provisions of other applicable land development codes remain in effect with
respect to the development of the land which comprises this PUD.
All conditions imposed herein or as repre~'med on the Pelican Marsh Community
Master Plan axe part of the regulations which govern the manner in which the
land may be developod.
The Subdivisions Division of the Collier County Land Development Code (Article
3. Division 3.2) shall apply to Pelican Marsh Community, except where an
exeml:xion is set forth herein or otherwise granted pursuant to Land Development
Code Section 3.:2.4.
The Site Development Plans Division of the Collier County Land Development
Code (Article 3. Division 3.3) shall apply to Pelican Marsh Community. except
where an exemption is set forth herein or otherwise granted pursuant to Land
Development Code Section 3.3.4.
2.4 CO~ DEVELOPMENT DISTRICT
TI-.e developer has established the Pelican Marsh Community Development District
(PMCDD) to design, construct, manage, and maintain infrastructure and community
facilities eeeded to serve thc Project The PMCDD constitutes a timely, efficient,
effective, responsive and economic way to ensure the provision of facilities and
infrastructure for the propo~4 development. Such infrastructure as may be constructed,
managed and financed by the PMCDD shall be subject to, and shall not be inconsistent
with, the Collier County Growth Management Plan and all applicable ordinances dealing
with planning and permitting of the Pelican Marsh Community.
The land area is amenable to infrastructure provision by a district that has the powers set
forth in the charier of a Community Development District under Section 190.006 through
190.041, ElflIilig,~dlg~. Such a district is a legitimate alternative available both to the
County and to the landowner for the timely and sustained provision of quality
infrastructure under the terms and conditions of County development approval.
2.5
ROADWAYS
Roadways within the Pelican Marsh Community are included as one of the PMCDD
provided infrastructure improvements. Standards for roads shall be in compliance with
the applicable provisions of Collier County Land Development Code regulating
subdivisions, unless otherwise modified, waived or excepted by this PUD or approved
during Preliminary Subdivision Plat approval. The Developer reserves the right to
request substitutions to Code design standards in accordance with Article 3, Division
3.2., Section 3.2.'7.2 of the Collier County Land Development Code. The Developer.
also reserves the right to establish gates, guardhouses, and other access conL-ols as may
be deemed appropriate by the Developer on all privately owned and maintained project
roadways.
LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the
Collier County Land Development Code may be reduced with the administrative approval
of the Collier County Developrmm Services Director and the Pelican Marsh Design
Review Committee (PMDRC). Ail lakes greater than two (2) acres may be excavated to
the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however
removal of fill from Pelican Marsh Community shall be limited to an amount up to 10
percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated
unless a commercial excavation permit is received.
2.7 USE OF RIGHTS-OF-WAY
2.8
Utilization of lands within all project rights-of-way for landscaping, decorative entrance
ways, and signage may be allowed subject to review and administrative approval by the
Developer and the Collier Ccunty Development Services Director for engineering and
safety considerations during tim development review process and prior to any
installations.
MODEL HOMES/SALES CENTERS
Model homes, sales centers and other uses and structures related to the promotion and
sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos,
parking areas, tents, and signs, shall be permitted principal uses throughout Pelican
Marsh Community subject to the requirements of Article 2, Division 2.6, Section
2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land
Development Code.
12B2--
2.9
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land
Development Code. Minor changes and refinements as described in Section 8.3 of this
PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
2.10 CONh-MON AREA MAINTENANCE
Most common area maintenance will be provided by the PMCDD. The PMCDD is a
legitimate alternative for the timely and sustained provision of quality common area
infrastructure and maintenance under the terms and conditions of a County development
approval. For those areas not maintained by the PMCDD, the Developer has created a
property owners association or associations, whose functions shall include provision for
the perpetual maintenance of common facilities and open spaces. The PMCDD or the
property owners association, as applicable, shall be responsible for the operation,
maintenance, and management of the surface water and stormwaler management systems
and reserves serving Pelican Marsh Community, in accordance with the provisions of
Collier County Ordinance 9048 and Resolution 90-292, together with any applicable
permits from the Florida Department of Environmental Regulation, U.S. Army Corps of
Engineers, and South Florida Water Management District.
2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences ~ walls are generally permitted as a principal use
throughout Pelican Marsh Community. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
Grassed berms 3:1
Ground covered berms 2:1
Rip-Rap berms 1: I
Structural walled berms - vertical
Fence or wall maximum height: six feet (6'), as measured from the finished
grade of the ground at the base of the fence or wall. For the purpose of this
provision, f'misbed grade shall be considered to be no greater than eighteen inches
(18') above the highest crown elevation of the nearest existing road unless the
fence or wall is constructed on a perimeter landscape berm. In these cases the
wall shall not exceed six feet (6') in height from the top of berm elevation for
berm elevation with an average side slope of 4:1 or less, and shall not exceed four
Co
feet (4') in height from the top of berm elevation for berms with an average side
slope of greater than .~:I (i.e. 3:1).
Landscape buffer~, bering, fences and walls may he constructed along the
perimeter of the Pelican M~'~h Community PUD Ixmndary prior to preliminary
sulxlivision plat ami $it~ development plan sul~mittal. All such areas mu.st be
included in a landscape easement on final plats, or in a separate recorded
instrument.
Fences and walls which ~rc an integral part of security and access control
structure~ such as gate house~ ~nd control gates sl~ll not be subject to the height
limitations set forth under 2.11 B, and shall he governed by the height ihnitations
for principal structures of the district in which they are located. In the case of
access control structure~ ~thin right-of-ways adjoining two or more different
districts, the more restrictive height standard shall apply.
Pedestrian eidewal~ and/or bi~e paths, water management systems and drainage
may be allowed in landscape ~ffer~ subject to review and approval by the
PMDRC.
2.12 FILL STORAGE
Fill storage is generally permitted as a principal use throughout Pelican Marsh
Community. Fill material generated from properlies owned or leased by the developer
may be transported and stock'piled within areas which have been disturbed/farmed. Prior
to stockpiling in tl~se locations, a Letter of Notification along with plans showing the
locations and cross-sections shall be submitted to Collier County Project Review Services
for review and approval. Tbe following standards shall apply:
A. Stockpile maximum side slope 3:1
Bo
Stockpile maximum height: thirty-five feet (35')
Fill storage areas shall be screened with a security fence at least six feet (6') in
height above ground level.
The following FLUCCS Code lands as shown on Map F of the Pelican Marsh
Community Application for Development Approval may b~ used for fill storage:
200, 212, 214,422,424, 740.
Fill storage in excess of five feet (5') in height shall be located no closer than
three hundred feet (300') from any developed residential properties.
Soil erosion control shall he provided in accordance with Collier County Land
Development Code Division 3.7.
G. Fill storage shall nol be permit'~ in areas occupied by threatened or endangered
species unless an approved mimg~ plan permits such use.
1.13 DESIGN GUIDELhNES AND STANDARDS
· r~ Collier County Plaxmed Unit Development District is intended to ene..o~u~ge
ingenuity, irmovation and in~gimtion in the pl~xnning, design and development or
redevelopment of relatively large trncls of land under unified ownership or control, as set
forth in the Collier County L~nd Development Code, Article 2, Division 2.2, Section
2.2.20.1.
Pelican Marsh Community is planned as a private, large-scale, fanctionally interrelated
community under unified control, to be developed over an extended time period.
Developer has established comm,.mity-wide design guidelines and stars~rds to ensure a
high ~ consistent level of q~ality for community features and facilities, which incl~:le
features and f~cilities such as land.~caping, hardscape, wateree, apes, signage, lighting,
pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls,
buffers, berms ~ other similar f~cilities. Upon approval of specific design guidelines
and st~xi,xrds by Collier Co~n~ and Developer, those guklelines shall be considered as
supplemer~l standards or requiremerds of this Planned Unit Development Ordinance.
Developer will also establish supplemental design g~idelines and standards by me~ns of
recorded covenants, conditions, and restrictions, ~ existence of which shall be noted on
the Final Subdivision Plat or Final Site Development Pl~-n. Said covenants, conditions
and restrictions shall provide that prior to submittal of an application for Prelimin,~_ry
Subdivision Plat, Final Subdivision Plat or Site Development Plan Applic.~tion to Collier
Count/, an applicant must first submit the application to PMDRC for review and
approval. Collier County shall not accept any such application for processing unless it is
accompanied by a letter indicating Developer's review and approval.
2.14 REQUIRED ENVIRONMENTAL PERMITS
Where ~e development of land within this Planned Unit Development requires a permit
from a local, state, or Fede~l Agency with jurisdiction over the property (regulating
agency) propo~d for development, then the Developer shall obtain such permits as may
be required prior to ~ commencement of construction or alteration of ~ land
specifically requiring such permit. Where such regulathag agency issues a permit, Collier
County shall not impose conditions, exactions or modifications that are in conflict with or
exceed ~e requirements of the issued permit, provided that Collier County ma)' impose
conditions that exceed and are not in conflict with the issued permit if Collier County's
regulatory jurisdiction as provided in the Collier County Growth Management Plan and
~ Development Code exceeds that of the other regulating agencies. In such a c~se,
Collier County's environmental permitting g~idelines aM requirements shall contxol
relative to the specific Cotmty permit only.
Construction approvals from Collier County ma)' be phased to allow construction of
ponior, s of a particular use that do not impac~ lands which require an environmental
permit, provided that such environmental permits have been applied for and are under
process by the appropriate agencies, and subject to the understanding that it is the
Developer's sole risk if such permits are not finally issued to allow completion of the
proposed use.
2.1S PRELEVIINARY SUBDIVISION PLAT PHASING
Due to thc size and anticipated build-out period of Pelican Marsh Community,
submission, review, and approval of Preliminary Subdivision Plats for the project may be:
accomplished in phases to correspond with the planned development of the property.
2.16 GENERAL PERMH'FED USES
Ceftin u~ shall be comkicred general permitted uses throughout thc Pel/can Marsh
Community PUD except in Reserve District. General permitted uses are those
which generally serve the Developer and residents of Pelican Marsh Community and are
typically pan of the common infrastructure or are considered community facilities.
A. C,¢mral Permitted Uses:
Essential services as set forth under Collier County Land Development
Code. Section 2.6.9.1.
2. Water management facilities and related structures.
Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
Guardhouses, gatehouses, and access control structures.
Community and neighborhood parks, recreational facilities, community
centers.
Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary ~c_-'s_s ways, parking areas and related uses.
Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set for~l', in Section 2.11 of this
PUD.
9. Fill storage subject t~ the standards s~ forth in Section 2.12 of this PUD.
10. Any other use which is eompanblc in nature with the foregoing uses and
which tl~ Dev~l~ ,~¢rvices Dh-eetor determines to be compatible.
Develownem Star~ards:
Unless o~erwise set forth in this document, the following development standards
shall apply to structures:
1. Settr~ck from back of curb or edge of pavement of any road - fifteen feet
(15') except for g~m'd houses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from property lines - one half ('fi) the height of the structure.
3. Mi,,,imum distance ~ structures which are part of an architecturally
unified 8~-ouping - five feet (5').
4. Minimx:m distance between unrclated structures - ten feet (10').
5. Maximum height of structures - twenty-five feet (2.5').
6. Minimum floor area - None required.
Minimum lot or parcel area - None required.
Sidewalks, bikepalhs, and cart paths may occur within Courtly required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk,
bi~epath, or cartpath.
Standards for parking, lar)dscaping, signs and other land uses where such
standards arc not specified herein or within adopted Pelican Marsh
Comamnity design guidelines and standards, are to bc in accordance with
Collier County Land Development Code in effect at thc time of Site
Development Plan Approval.
2.17 OPEN SPACE R.~Q~
Thc PUD Master Plan identifies approximately 1211.8 acres included in thc Golf
Course/Recreation and Ol:)Cn Space District, Reserve Dist2'ict, lake, and miscellancous
open space/buffer designations. Thesc areas, in conjunction with open space areas
included within the Residential District, fully satisfy thc open space rcqui~n~q of
12B2
Article 2. Division 2.6. Section 2.6.27 and Section 2.6.32 of the Collier County Lnnd
Development Code.
2.18 NATIVE VEGETATION RE'I'ENTION RF~~
Pursuant to Policy 6.4.6 of the Conser~tion and Coastal Man~Bemem Element of the
Collier County Growth Management Plan. 25% of the viable naturally functioning native
vegct~6on on site sl~ll be r~tainecl. The total area of viable mtur'al functioning mtive
vegetation within the PUD boundary is 8'71.9 acr~, tlm'~fo~ 218.0 acres a~ requLr~ to
be r~,tained. This requ~ is fully ~tisf~ed wit,.in ~e Reserve District and no further
preservation is required.
SECTION Ill
RESIDENTIAL LAND USE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
~ within Pelican Marsh Community designated on the Ma~er Plan as 'R."
3.2 MAX~ DWELLING UNTTS
A maximum number of 5100 residential dwelling units may be constructed on hnds
&esi/rated 'R.'
3.3 GENERAL DESCRIPTION
Areas designated as 'R' on the Master Plan are designed to accommodate a full range of
resklential dwelling tyFes, com~tible non-residential uses, a full range of recreational
and educational facilities, esse~ial services, and customary accessory uses,
Thc approximate acreage of the "R' district is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tract~ will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2
respectively, of the Collier County Land Developn-ent Code. Residential tracts are
designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes
and water management facilities, and other sh'nilar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
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:
A. Principal Uses:
Single Family Detached Dwellings.
Single Family Patio and Zero Lot Line Dwellings.
Two-family and Duplex Dwellings.
Single Family Attached and Townhouse Dwellings.
Multi-Family Dwellings including Garden Aparmaents.
Churches and other places of worship, subject to Collier County staff
administrative approval during Site Development Plan review to address
site location, size, ingress and egress, and buffering requiremems, :,nd
subject to the Multi-family Development Standards set forth in Table I.
7. Schools (public or private).
Assisted Living Facilities, Group Care Facilities (Category I and II), Care
Units, Nursing Homes, and Family Care Facilities (collectively ALI:) only
east of Airport Road.
Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the 'R' District.
B. Accessory Uses and Structures:
Accessory uses and structures customarily associated with principal uses
permitted in this district.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the 'R' District.
3.5 DEVELOPMENT STANDARDS
Table I sets forth the development standards for land uses within the 'R'
Residential District.
Site development standards for categories I - 4 uses apply to individual residential
lot boundaries. Category 5 standards apply to platted parcel boundaries.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh Community
design guidelines and standards, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards
apply to principal structures.
Development standards for uses not specifically set forth in Table I shall be
established during Site Development Plan Approval as set forth in Article 3,
Division 3.3. of the Land Development Code in accordance with those standards
of' the zoning district which is most similar to the proposed use.
In the case of residential structures with a common architectural theme, required
property development regulations may be waived or reduced provided a site plan
is approved by the Collier Count,/' Planning Commi,sion in accordance with
3-2
Ho
Article 2, Division 2.6, Section 2.6.2'7.4.6 of the: Collier County Land
Development Code. Common open space requirements are deemed satisl3ed
pursuant to Section 2.17 of this PUD.
Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3,
Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2
shall be limited to single family dwellings, multi-family dwellings, water
management facilities and lakes, and customary single family accessory uses.
Residential lands abutting those areas of Victoria Park Subdivision zoned P~F-.4
or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single,
two-family, and multi-family dwellings, water management facilities and lakes
and customary residential accessory uses. Where multi-family uses abut off-site
single family uses, there shall be a minimum separation of one hundred feet (100')
between the two uses. In addition, a platted ROW or platted landscaped buffer, a
minimum width of thirty feel (30') and meeting the opacity requirements of an
alternative type "c" buffer as described in the LDC, must be provided within the
one hundred feet (100').
Off street parking required for multi-family uses shall be accessed by parking
aisles or driveways which are ~parat~ from any roads which serves a
development exceeding 96 units. A cul-de-sac road within the development may
have abutting surface parking where th~ parking serves 24 units or less. A green
space area of not less than t~n feet (10') in width as measured from pavement
edge to pavement edge shall separate any parking aisle or driveway from any
abutting road, with the exception of cul-de-sacs serving 24 units or less.
Single family patio and zero Io~ line dwellings ~ identified separately from
single family detached dwellings with conventional side yard requirements to
distinguish these types for the purpose of applying development standards under
Table 1. Patio and zero lot line dwellings shall be defined as any type of detached
single family structure employing a zero or reduced side yard as set forth herein,
and which conform to requirements of Collier County Land Development Code
Article 2, Division 2.6, Subsection 2.6.27.
Attached or detached courtyard residences which include cabana bedrooms
separately accessed from the courtyard and not from the main house are permitted
providing that:
1) The cabana suucture must be connected to other portions of the residence in a
manner that gives the entire residence the appearance in elevation from the street
of being one single family residence;
2) The cabana structures must be accessible only from the enclosed courtyard and
must not be accessible directly from the sue, et; and
3) The cabana structure may not contain primary cooking facilities.
IdOL
TABLE I
FELICAN MARSH
DEVELO~ STANDARD~ FOR
SINGLE PATIO at TWO SINGLE FAMILY MULTI ASSL~I~
~R.Mii im.~ USES AND FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY LIVING
~'TANDARDS DETACHED LiNE DUPLEX TOWNHOUSE DWE[~ ~NC_~ FACILITIES
Caelory I 2 3 4 $ a
M'__mkmu~ L~ ~ 7,500 SF ~.000 SF 3,500 $F'4 3,000 SF i AC I AC
Minimum I.~ Wkl~h '5 ?5 50 35 30 150
Front Yud 25 20 '3 20 '3 20 '3 25 25
Fro~ Yard for 15 I0 I0 I0 15 15
Side Ent~
Side Ya~ 7.5 ~6 0 m 7.5 0 m .$ BX .5 BH 20 OR .5 BH
Rear Yard Principal 20 10 20 20 BH BH
Reu Yard Acceuo~ I0 5 I0 i0 15 15
Rear yard Spect~ *! t0 5 10 10 .5 BH .5 BH
Ivl~imum 9uitd~ HeLjt~ 35 35 35 35 50
DLr, ance l~we~n 15 I0 0 or 15 .$ SBH .5 SBH 5 SBH
~'i~il~ Structure~
Floo~ ^rea Min. ($.F.) 1800 SF 16(}O SF 1600 SF 1200 SF 1000 $F'8 N/A'7
*l · W~ ~ f~'n PMDRC, rear yams foe' pdnci~l smacme~ ~ ~ ~ ~ I~f ~. ~. ~n ~, ~ ~ a~. ~ ~ ~ for
~ ~ f~ ~DEC, fr~ ya~s ~ ~ ~ ~ f~:
f~ yl~ ~i~ m ~' foe ~ lamle a~ IS' f~ ~ ~aq ~.
12B2
4.1
SECTION rv
GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan as 'GCO' and
Miscellaneous Open Space/Buffer.
4.2 GENERAL DESCRIPTION
Areas designated as 'GCO' and Miscellaneous Open Space/Buffer on thc Master Plan arc
designed to aceon'anodate a full range of golf course, recreational, water management and
open space uses, as well as to provide lands for community-related ancillary uses and
essential services.
4.3 PERMITYED USES AND STRUCTURF_~
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
A. Permitted Prir.:ipal Uses and Structures
Golf course, s, golf clubhouses, golf facilities, golf teaching facilities
including classrooms and temporary golf clubhouses.
2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs.
3. Project information and sales centers.
Commurdty and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds.
water and wastewater treatment plants, utilities p~mping facilities and
pump buildings, utility and maintenance staff offices.
5. Public administration facilities.
Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "GCO" and Miscellaneous Opea Space/Buffer District.
Iltltrl.l}ttll Vlr $1,.AJpes,,,~
Permitted Accessory Uses and Structures
1. Accessory uses and structures :ustomarily associated with the principal
uses permiued in this district.
2. Pro-shops, practice ar~as and ranges, golf cart barns, res~ rooms, shelt(:rs,
srack bars, golf course maintenance yards.
3. l~:tail establishments accessory to the I:~-rmitt~ uses of the district such
as, but not limited to, golf, termis, and recreational related sales.
Restaurants, cocktail lounges, and similar uses intended to serve club
rnemhers and club guests.
5. Shuffleboard courts, u:nnis courts, swimming pools, and all other types of
accessory facilities intended for outdoor recreation
6. Telecommunications facilities.
Any other accessory use which is o:nnparablc in natur~ with th~ forcgoiag
uses and which ~ Development Services Director determines to be
compatible in the 'GCO' and Miscellaneous Open Space/Buffer District.
4.4 DEVELOPMENT STANDARDS
Principal structures shall be setback a minimum of twenty feet (20') from 'GCO'
and Miscellaneous Open Space/Buffer district lx)unda~ies and priva~ roads, and
fifty feet (50') from all PUD boundaries and residential tracts, except whe~ the
PUD abuts the Collier County Wastewater Treatment Plant or a public right of
way. in which case the setback shall be one half (IA) the height of the structure.
Accessory structures s~ll setback a minimum of ten feet (10') from 'GCO" and
Miscellaneous Open Space/B, dfer district boundaries and private roads, and
twenty feet (20') from all PUD boundaries and residential tracts, except where the
PUD abuts the Collier County Wast~water Treatment Plant or a public right of
way, in which case the setback shall be one half Cfi) the height of the structure.
Lighting facilities shall he arranged ~n a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures - Fifty feet (50').
Minimum distance between principal or accessory structures which are a pan of
an archi~,'cturally unified grouping - Ten feet (10').
Minimum distance between ali other principal structures - Twenty feet (20').
Minimum distance between all other accessory structures - Ten feet (I0').
Minimum floor area - None required.
Minimum lot or parcel area - None required.
Parking for the community center/clubhouse shall be one space per every two
hundred (200) square feet of gross floor are. a, which shall be considered inclusive
of required golf course parking
Standards for parking, landscaping, signs and other land uses where such
standards are not specir~d herein or within adopted Pelican Marsh Community
design guidelines and standards, are to be in accordarr, e with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards
apply lo principal structures.
12B2
S.1
S.2
5.3
SECTION V
RESERVE DISTRICT
PImPOSE
The purpose of thLs Section is to kt~ntify permit~d tt~ and development standards for
areas within Pelican Marsh Community designated on the Master Plan, as Reserve.
GENERAL DESCRIPTION
Areas designate! as l~serve on ~ Master Plan are designed to accommodate a full
range of conservation and limitext water management uses and functions. The primary
purpose of the Reserve district is to retain viable mmrally functioning wetland and xeric
upland system.~, to allow for restoration and enhanc, en'~t of impacted or degrad~
wetland systems, and to provide an open space amenity for the enjoyment of Pelican
Marsh Community residents.
PERMITTED USES AND STRUCTURF~
No building or structure, or part thereof, shall be c-rected, altered or used, or land or
water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Pass~ve recreational areas, boardwatks, including r¢creatiortal shelters and
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails
in wetlands).
3. Paved golf cart paths and unpaved l:)edestrb~ paths in xeric uplands.
4. Water management facilities, structures and lakes, including lakes with
bullch(:ads or other architectural treatmenm.
5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan
and other applicable permits.
6. Roadway crossings and utility crossings at Pelican Marsh Boulevard,
Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee
Strand Golf Course crossing/reconnection area.
7. Utility lines in xeric uplands.
Any ocher conservation and related open space activity or us~ which is
comparable in nature with the foregoing uses and which the Development
Services Director deterrnLnes to be compatible in the R~serve District.
S.4 DEVELOFMENT STANDARDS
5.5
Ail structures shall setback a minimum of five f~t (59 from Reserve district
boundaries and rods, excepl for pathways, boardwalks and water management
structures, which shall h~ve no required setback.
Lighting faciliti~ shall he arranged in a manner whkh will protect roadways and
residential properties from dkect glare or unreasonable interference.
C. Maximum height of su'uctures - Twenty-five f~ (25').
D. Minimum distance between principal structure~ - Ten feet (10').
E. Minimum dis~nce between ~c~sory structure~ - Five f~t (5').
F. Minimum floor ar~ - None required.
Minimum lot or parcel m - None required.
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh Community
Design Guidelines and Standards, are to be in accordance with Collier County
Land Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, rtquired yards, heights, and floor area standards
apply to principal structures.
RESERVE DISTRICT CONSERVATION EASEMENT
A non-~x¢lusive conservation easement or tract is required by Collier County Land
Development Code Section 3.2.8.,:.7.3 for preservation lands included in the Reserve
District. In addition to Collier County, a conservation easement may also be required by
other regulatory agencies with jurisdiction over Reserve District lands. In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordanc~ with the terms set forth in the applicable permit granted
by said agencies, and as s~t forth in PUD .Section 8.13 hereof. The developer, their
successor or assigns, tl~ Pelican Marsh Foundation or the PMCDD shall be responsible
for control and maintenance of lands within the Reserve District. Conservation
ea.~ments shall he recorded in conformance with the Preliminary Work Authorization as
amended on April 19, 1994.
6.1
6.2
COMMUNITY FACILITY DISTRICT
FURPOSE
Tbe purpose of this section is to identify permitted us~ and development standards for
ar~as within Pelican Marsh Community designated on the Master Plan as ' CF."
MAXIMUM SQUARE FOOTAGE
A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be
constructed on lands designated" C"F. ·
6.3 GENERAL DESCRIPTION
6.4
Areas designated as "CF" on the Master Plan are designed to accommodate a full range
of cultural uses, essential services, and customary accessory uses.
The approximate acreage of the "CF" district is indicated on the Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approv~h in accordance with Article 3, Division 3.3, and Division 3.2
respectively, of the Collier County Land Development Code. Cultural Center tracts are
designed to accommodate internal roadways, open spaces, lakes and water management
facilities, and other similar uses.
pE~VIITTED USES AND STRUCTURES
No ~uilding or structure or part thereof, shall be erected, altered or used. or land used. in
whole or part, for other than thc following:
Principal Uses:
All uses normally associated with a community facility including but not limited
to:
1. Churches and places of worship
2. Governmental buildings
3. Child daycare facilities
4. Civic, social and fraternal associations
AnT other principal use which is com~rablc in nature with thc foregoing
us~ tnd which the Developmem ~ DL,'cctor ~ to be
compatible in the ' CF" District.
Accessory Us~ and Structures:
1. Accessory uses and structures customarily associated with the principal
uses permiued in this district.
2. Recreatioml facilities.
3. Classrcx)m facilities.
4. Any other _scc___-s_sory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the ' CF' District.
DEVELOPMENT STANDARDS
A. Principal structor~s shall be setback a minimum of tweaty feet (20') from "CF"
district boundar~ and private roads, and fifty feet (S0') from all PUD
boundaries, public roads s. nd residential tracts.
B. Accessory struc~res shall be setback a minimum of twenty feet (20') from district
boundaries and private roads, and twenty feet (20') from PUD boundaries, public
roads and residential tracts.
C. Setback from lake~ for all principal and acc__-ssory uses may be zero feet (0')
provided architectural bank treatment is incorporat~ into the design and subject
to wriaen approval from PMDRC, PMCDD, and Collier County Development
Services Department.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
E. Maximum height of structures - Eighty feet
F. Miaimum distance between principal or accessory structures which are a par~ of
an architecturally unified grouping - Ten feet (I0').
G. Minimum distance between all other principal structures - Twenty feet (20').
H. Minimum distance between all other accessory structures - Ten feet (10').
I. Minimum floor area - None required.
Minimum lo~ or parc~! area - None r~quked.
$~andards for parking, landscaping, signs and other land us~s wh~r~ such
standards ar~ not specir~d her~in or wiihin ~lopi~d Pelican Marsh Comn~nity
design ~uid~lin~ lind s~xtards, ar~ r~ b~ in ~ordance wi~h Collier County ~
l~veloprneni Code in ~ci at r~ time of $it~ Developmem Plan Approval.
Unless o~rwi~ ir~iicat~l, required yards, heights, and floor area s'axxlards
apply to principal structures.
SECTION VII
ACTIVITY CENTER DISTRICT
7.1 FURI~sE
Th~ I~rpose of this ~'fion i~ to ~i~ ~mi~ ~ ~ d~vel~nt ~ for
a~ wi~in Pel~n Ma~h ~o~ni~ d~,ig~ on ~ M~t~ Plan ~ 'AC.'
7.2 M~~ SQUA~ F~AG~MS
A ~x~um of ~,~ ~ua~ f~ le~ble fl~r ~ of retail u~; 2~,~ ~ f~
gross fl~r a~ of offic~ u~s, imluding up to 50,~ ~am f~t of ~i~l offi~; ~
horn[ r~m a~ ~.~ ~uar~ feet (7~ ~at) of ~lmml hcilities my ~ com~ct~ on
la~s dcsigmt~ 'AC.'
7.3 GENERAL DESCRIPTION
Areas designated as "AC" on th~ Master Plan are designed to accommodate a full range
of retail, service and office commercial uses, essential services, and customary accessory
uses,
The approximat~ acreage of thc 'AC' district is indicated on tbe Master Plan. This
acreage is bat, cd on corr2pmal desigm and is approximate. Actual acrcag~ of all
,,oom of sic D velop ,t or
~u~i'i~,~ion l~t ~ ll{~nce with Article 3, Division 3.3, and Dlvmon .~.z
respectively, of the Coll{e~ ~Y Land Development Code. Activity Center tracts are
d~signed to accommodate Internal roadways, ~ spaces, lakes and waler management
facilities, and other similar uses found in Activity Center areas.
7.4 FEi~MITTED USES AND STRUCTURES
No building or structure, or pan tl~reof, shall be erected, altered or used, or land used,
in whole or part. for other ~han the following:
Permitted Principal Uses and Structures:
Accounting, Auditing and Bookkeeping Services (Group 8721).
Amu.~m'~nts and Recreation Services - Indoor (Groups 7911-7941, 7991,
7993, 7997).
Apparel and Acctssory Stores (Groups 5611-5699).
Automotive Dealers and Gasoline Service Stations (Groups 5511.5599).
Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542).
Building Materials, Hardware and Garden Supplies (Groups 5211-5261).
7. Business Services (Groups 7311-7352, 7359 except airplane, industrial
truck, portable toilet and oil field equipment renting and leasing, 7361-
7397 except armo~ ear and dog rental, 7389 except auctioneering,
bronzing, field wary. homing, salvaging of damaged merchandise).
8. Conunet:ial Printing (~roup 2752, excluding newspapers).
9. Depository Institutions (Groups 6011-6099).
I0. Eating and Drinking Establisl'uncnts (Groups 5812, 5813).
11. Engineering, Accounting, Research, Management and Related S~rvices
(Groups 8711-8748).
12. Food Stores (Groups 5411-549<)).
13. General Merchandi~ Stores (Groups 5311-5399).
14. Glass and Glazing Work (Group 1793).
15. Golf Club Facilities including Ancillary Teaching Facilities and
Temporary Golf Clubhouses (Groupa 7992, 7997, 7999 )
16. Group Care Facilities (Category I and II), Care Units, Nursing Homes and
Family Care Facilities (Groups 8051 excluding mental retardation
hospitals, 8052, 8059).
17. Health Services (Groups 8011-8049, 8082, 8093, 8099).
18. Holamg and Other Investment Offices (Groups 6712-6799).
19. Hotels and Motels not to exceed 400 rooms (Groups 7011, 7021, 7041).
20. Home Furniture, Furr~hing, and Equipment Stores (Groups 5712-5736).
21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411).
22. Legal Setwice~ (Group 8111).
23. Librari~ (Group 8231).
24. Membership Organizations (Groups 8611-8699).
25. Miscellaneous Repair Services (Groups 7622-7641, 7699 except
agricultural equipment repair, awning repair, I:,cer pump coil cleaning and
repair, blacksmith shops, catch basin, septic tank and cesspool clcaning,
coppersmithing, farm machinery repair, fire equipment repair, furnace and
chLmney cleaning, industrial truck repair machinery cleaning, repair of
.~rvice station equipment, boiler cleaning, timmithing, tractor repair).
26. Miscellaneous Retail (Groups 5912-5963, 5992-5999).
27. Motion Picture Theaters (Group 7832).
28. Multi-Family Dwellings including Garden Apartments.
29. Non-Depository Credit Institutions (Groups 6111-6163).
30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
clearing on]y, 7217, 7219-7261 except crematories, 7291-7299).
31. Real Estate (Groups 6512, 6531,6541).
32. Resort Recreation Facilities including but not limited to Tennis Clubs,
Health Spas, Equestrian Clubs and other Recreational Clubs (Groups
7991, 7999)
33. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97)
34. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993,
7997, 7999)
35. Security and Commodity Brokers, Dealer. Exchanges and Services
(Groups 6211.6289).
7-2
36. Social Services (Groups 8322-8399).
3'/. Uni~.d States Postal Service (Group 4311 except major distribution
center).
38. Veterimry Services (Groups 0/42, 0'/52 excluding outside kenneling).
39. Video Tape Rental (Group 78~1).
40. Vocatioml Schools (Groups 8243-8299).
4 i. Uses permit~d under Section 3,4 of ~ PUD, subject to the Development
Standards of Section 3.5.
42. Any other principal use which is comparable in nature with the foregoing
uses (including general and professional offices not specifically listed
above) aa~cl which the Development Services Director determines to be
compatible in the 'AC' district.
B. Permitted Accessory Uses ~ Structures
Accessory uses ~nd m'uctur~ customarily associated with principal uses
permit~ in mis dL~rict.
Custom~ry ~_ces___~ uses for hotel and n-ggel principal uses including but
not Ih'nited to shops, personal service establishments, e~ting or drinking
establishments, dancing and staged ~inment facilities, and meeting
rooms and auditoriums where such uses arc an integral part of a hotel or a
motel, with common architectural standards, even if contained in a free-
standing building. Other accessory uses include, but are m~ limited to,
recreational facilities that serve as an integral part of the permitted uses
such as pool, tennis facilities, parks, playgrounds and playfields.
Separate dwelling units, such as villas or casitas may be under the
management of a hotel without being considered a hotel room.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "AC' district.
7.5 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
Front Yard: Twenty-five feet (25') minimum or one-half the building
height, whichever is greater.
Side Yard: Fifteen feet (15').
Rear Ya.,'d: FiReen feet (15').
Any yard abutting a residential parcel: Twenty-five feet (25').
Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design
12B2 ·
Co
Go
and subject to written approval from PMDRC, PMCDD and Collier
Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
Maximum height of structures - One hundred feet (100').
Minimum distance between all other principal structures - Twenty feet (20').
Minimum distance between all other accessory structures (excluding drive-through
facilities) - Ten feet (10').
Minimum floor area - Seven hundred (700) square feet gross floor area on the
ground floor.
Minimum lot or parcel area - Ten thousand (10,000) square feet.
Minimum lot width. Seventy five feet C75').
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh Community
design guidelines and renderS, are to be in _acc__ordanee with Collier County Land
Development Code in effect at the time of Site Development Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standar~
apply to principal structures.
~ maximum density for Adult Congregate Living Facilities and other types of
elderly housing shall be twenty-six (26) units per gross acre.
The net platted parcel density of hotel rooms per acre may exceed twenty-six (26)
rooms per acre; however, the total number of hotel rooms permitted in the
Activity Center District =hall be 400.
8.1
8.2
SECTION VIII
GENERAL DEVELO~ COMMITME~S
PURPOSE
T~e purpose of this Section is to ~t forth the development commitments of Developer
within Pelican Marsh Community.
GEI~RAL
All facilities shall be constructed in accordance with the final site development plans, the
f'Lrnl subdivision plats, and all applicable state and local laws, codes and regulations
relating to the subdivision of the land, except where specifically noted or otherwise set
forth in this document, or as otherwise approved by Collier County. Ail state and federal
permits shall be effective according to the stipulations and conditions of the permitting
agencies. Final master plans, final site developmem plans or final subdivision plats, and
standards and specifications of the Collier County Land Development Code relating to the
same shall apply to this project, except as otherwise set forth herein.
In addition, the Master Plan and the r~gulations of the PUD document as adopted along
with any other specific conditions or stipulations as may be agreed to in the rezone
hearing before the Board of County Commissioners. shall control and be applicable to
development of the subject property. The Developer. its successors and assigns shall be
bound by said documents, commitments, and stipulations.
8.3 MASTER PLAN
The Master Plan, WMB&P, Inc. File No. RZ-219-H, is an illustrative preliminary
development plan. The design elements and layout illustrated on the Master Plan shall be
understood to be flexible, so that the tirol design may satisfy the Developer's criteria and
comply with all applicable requirements of this ordinance.
The Development Services Director shall be authorized to approve minor changes and
refinements to the Pelican Marsh Community Master Plan upon written request of the
Developer.
A. The following limitations shall apply to such requests:
The minor change or refinement shall he consistent with the Collier
County Growth Management Plan and the Pelican Marsh Community
PUD document.
The minor change or refinement shall meet the criterion of Section
380.06(19)(c)2., Horida Statutes, and shall not require a determination
and Public Hearing pursuant thereto.
The minor change or refinement shall not constitute a substantial change
pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier
County Land Development Code.
The minor change or refinement shall be compatible with adjacent land
uses and shall not create detrimental impacts to abutting land use. s, water
management facilities, and Reserve areas within or external to the PUD.
The following shall be considered minor changes or refinements, subject to the
limitations of PUD Section $.3.A:
Reconiriguration of Reserve areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review.
Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County, and where there
is no fur',bet encroachment into Reserve areas.
3. Reconfiguration of golf course envelopes and design features.
Internal realignment of rights-of-way other than a relocation of access
points to the PUD.
Reconfiguration of residential parcels when there is no encroachment into
Reserve areas.
Minor changes and refinements as described above shall be reviewed by
appropriate Collier County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to the Development Services Director's consideration for approval.
Approval by the Development Services Director of a minor change or refmemem
may occur independently from and prior to any application for Subdivision or Site
Development Plan approval, however such approval shall not constitute an
authorization for developmem or implementation of the minor change or
refinement without first obtaining all other necessary County permits and
approvals.
8.4 POLLING FLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future use of building space
within common areas for the pu~ of accoramodating the function of an electoral
polling place.
An agreement between the Supervisor of Electiom and the Developer was recorded in the
official records of the Clerk of the Circuit Court of Collier County, and is binding upon
any and all ~__u:c_~wr$ in interest that acquire ownership of such common areas including
homeowners associations or tenants associations. This agreement provides for said
corm'nunity recreatiordpublic building/public room or similar common facility to be used
{'or a polling place if determined to be necessary by the Supervisor of Elections.
8.5 MONITORI'NG REPORT
An annual monitoring report fi'mB be submitted pursuant to Article 2, Division 2.7.
Section 2.7.3.6 of the Collier County Land Developmem Code.
8.6 SUNSETTING
This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7.
Section 2.7.3.4 of the Collier County La~ Development Code, until such time as Collier
County issues a DRI Developrnem Order for the Pelican Marsh Community, at which
time the provisions of the Developmem Order relative to duration and effective date shall
govern.
8.7 TRANSPORTATION
The developer shall provide appropriate left and/or right turn lanes at all
community ac_ce~___~ points to public rights-of-way at the time of construction of
each
The developer shall provide arterial level street lighting at all community access
points to State or County public rights-of-way at the time of construction of each
aCCeSS.
The developer shall provide a fair share contribution toward the capital cost of
traffic signals at any community access points to a public right-of-way when
deemed warranted by the County. These signals will be owned, operated and
maintained by Collier County.
Do
Collier County and Developer entered into an Agreement dated January 12, 1993,
(herein 'Agreement') to address the alignment and environmental permit'ting for
Vanderbilt Beach Road {herein 'VBR') through the Pelican Marsh Community
property; and to address environmental permitting for the expansion of
Goodlette-Frank Road from lmmokalee Road to VBR.
As is set forth in the Agreemem, Developer is responsible for the environmental
peFmitting for the preferred road alignment of VBR within ~c Pelican Marsh
Community PUD property. Pursuant to the Agroement. Develop~:r is eligible for
Road Impact Fee credits for half of their expenditures per th~: Agreement in
obtaining environmental permits.
Developer agrees to dedicate to Collicr County the road right-o~:way rrxluired for
that section of VBR within the Pelican Marsh Community PUF, boundaries owned
by Developer, upon request by Collier County, so long as t~lat right-of-way is the
alignment depicted on the Pelican Marsh Community PUD Mastcr Plan or an
alternative alignment accelxable to Developer. Devcloper shall be eligiblc for
Road Impact Fcc credits for this dedication pursuant to Ordinance 92-22 and
.%'ction 380.06 (16)~:igiiL~i.~2il~, 1992, as is fur',her set forth in Section 8.12
hereof. The value of said right-of-way dedication shall be equal to Developer's
cost of acquisition of the property.
There are acknowledged benefits to both the County and De~,eloper in the
alignment of VBR sho~q~ on the Pelican Marsh Community PUD Master Plan.
and as referenced in the Agra-merit and hereinafter as the 'Preferred Alignment'.
However, there is the potential that the cost of environmental permitting.
mitigation, design, and consma:tion of the road segment in its Preferred
Alignment could be more expensive than an alternative aligr, ment within the at~a
of consideration referenced in At:achmem I to the Agreemem. if the ultimate
alignn~nt of VBR within the Pelican Marsh Community PUD boundaries is the
Preferred Alignment or the ultimate aligra'nent is otherwis~ acceptable to
Developer, Developer ag~es to pay the 'Differential Cost' for the segment of
VBR within Pelican Mar:h Community PI. ID boundaries. 'Differential Cost'
means the reasonably asccrtainable additional cost of environmental permitting,
environmental mitigation, design and cmn of that segment of VBR within
the Pelican Marsh Community PUD boundaries as compared to the total of the
same ~ elements for l:~i~tfittable alternative alignments within the area of
consideration referenced in Attachment I to the Agrct~qent. Developer shall not
be entitled to reimbursement under the Agreement or Road Impact Fee credits for
the 'Differential Cost' described herein.
The cost for design, permitting and construction of the Goodlette-Frank Road
overpass structure, approved by the Board of County Commissioners to
accommodate up to six (6) lanes, is not the County's responsibility, but that of the
development entity.
Payment of Road Impact Fees shall be in accordance with the applicable
ordinance as amended with t~ stipulation that payment shall occur at the t~'ne of
building permit issuance or in accordance with the requirements of the Collier
County Land Development Code, Division 3.15, Adequate Public Facilities.
These transportation stipulations set forth in Section 8.7 of the PUD are not
intended as a novation of the referenced Vanderbilt Beach Road Agreement; said
Agreement remains in full force and effect, except to the extent certain provisions
of the same may be specif'w, ally superseded by the provisions of Section 8.7.
The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the
Pelican Marsh Community PUD property south of the Vanderbilt Beach Road
right-of-way and north of Hickory Road right-of-way. This buffer shall include a
minimum six foot berm lancLw, aped and irrigated except where the roadway is
located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot
~ consL'-uct~ due to limited width, the buffer will include canopy trees and
shrubs. The buffer area will be completed prior to the opening of Vanderbilt
Beach Road for public use.
Internal access between the Pelican Marsh Community Activity Center and the
Pelican Marsh Community shall he designed in a manner that provides for
vehicular, pedestrian, and bicycle ac. ce~ to the Pelican Marsh Community
Activity Center uses without requiring residents of Pelican Marsh to exit the
Community. Such access may be restricted by the developer to maintain the
privacy and so:urity of the Pelican Marsh Community residents. Vehicular,
pedestrian and bicycle access connections between the Pelican Marsh Community
and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41
intersection and the lrnmokalee Road/U.S. 41 intersection shall not be required.
No final local development orders (building permits) will be granted for Activity
Center uses until the completion of two lanes of Vanderbilt Beach Road from
U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Irmal
Site Development Plan applications may be submitted and approved for Activity
Center uses after commencement of construction of Vanderbilt Beach Road from
Airport-Pulling Road to U.S. 41.
The Pelican Marsh Community shall be subject to any duly adopted fair share or
pro-ram funding mechanism established by Collier County to implement an area-
wide pedestrian and bicycle path systera. Pelican Marsh Community may be
eligible for credits to he applied toward its fair share pro-rata contribution based
on contributions made for the improvements to U,S, 41, Vanderbilt Beach Road,
and Goodlette-Frank Road.
The Pelican Marsh Community PUD Mastm' Plan indicates access points to the
Pelican Marsh Community Activity Center which are consist-hr with the Collier
County Land Development Code Access Management Plan and Map. The
easternmost access from Vanderbilt Beach Road to the Pelican Marsh Activity
Cerlter (east quadrata) was r~ sbowrl on Collier County Land D~v~lopment Code
Map I1 because that Map does not rtflect the reconfiguration of the Pelican
Marsh Community Mnster Pianmd Activity Center. Map 11 of the Collier
County had Development Code shall be deemed amended by the adoption of this
PUD to r~flect the reconfiguration of the Activity Center and the addition of the
eastemmos! access as shown on the Pelican Marsh Community PUD Master Plan.
Developer agrees to dedicate (or cause to have dedicated) to Collier County the
road right-of, way required for that section of proposed Livingston Road within
the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate
all property within ee Pelican Marsh Community PUD east of the FTL easement
to the County and be by gentral warranty deed with a disclaimer as to ~uitability
of purpo~. The timing of the dedication shall be at the request of Collier County
and Collier County shall be responsible for all costs of conveyance. Developer
shall be entitled to impact fee credits for this dedication pursuant to Ordinance 92-
22 and Section 380,06(16), Florida Statutes, (1995). The value of the dedicated
property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC.
8.8 WATER MANAGFAWKNT
An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal
relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-
102 and South Florida Water Management District rules.
A cop), of a South Florida Water Management District Permit or Early Work
Permit is required prior to construction plan approval.
A letter of no objection from the Collier County Utility Division stating that no
adverse impacts on the percolation ability of the adjacent wastewater treatment
ponds will occur as a result of the Pine Ridge Canal relocation shall be provided
prior to subdivision construction plans approval or Preliminary Work
Authorization, which ever occurs first. Preliminary Work Authorization was
approved by the Board of County Commissioners on May 20, 1993, and amended
on April 19, 1994.
All off-site flow collection and routing facilities shall be reviewed and approved
by Collier County Development Services Department at the time of subdivision
construction plan approval.
The fixed crest weir wtth emergency underflow gate which replaces the existing
amil gate will be reviewed and approved by Collier County at the time of
Cocohatchee Strand Restoration Plan construction plans or Preliminary Work
Authorization approval. Preliminary Work Authorization was approved by the
8.9
Board of County Commissioners on May 20, 1993, and arnended on April 19,
1994.
As long as Collier County has operation and maintenance authority over the
existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or
the PMCDD will pay for the design and construction costs associated with the
rehabilitation of said amil gates. The rehabilitation will be limited to normal
refurbishment of the gates (including the bearings and access walks) and ~ gate
seals (if required). Replacement of the gates, cradles, structures, or foundations,
if required, will no( be the responsibility of Developer. the PMCDD, or their
assigns. Collier Count), will contribute $9,000.00 to the cost of design and
construction. The rehabilitation shall be completed by the time the Cocohatchee
Strand Restoration Plan is certified complete to South Florida Water Management
District.
Water management and canal easements conveyed to SFWMD and the County
will be per the Pelican Marsh Preliminary Work Authorization as amended on
April 19, 1~94.
If legally and physically possible, the PMCDD will maintain that portion of the
Pine Ridge Canal off-sim from the south border of the PUD to a point
immediately south of the Irranokalee Road amil gates. Maintenance responsibility
by the PMCDD for this portion will cease at the time of final development order
for the property encompassing said portion of canal. The PMCDD will not be
responsible for capital improvements to the canal or improvements to make
reasonable access to and along the canal possible.
The rate of post-development stormwater discharge into the Pine Ridge Canal,
Airport Road Canal and Immokalee Road Canal will be determined by SFWMD
during the surface water management permitting process.
UTILITIES
Temporary construction and/or sales trailers may use septic tanks or holding tanks
for waste disposal subject :o permitting under F.A.C. 10D-6, and may use potable
or irrigation wells.
Golf course rest stations and maintenance buildings may be permitted to use septic
tanks or holding tanks for waste disposal subject to permitting under F.A.C.
10D.-6, and may use potable and irrigation wells.
Co
The project will be served by central potable water distribution, fire protection
and sewage collection facilities.
Irrigation water will be provided with a separate distribution system supplied by
on.site wells, reclaimed water or other non-potable water source.
Water distribution, sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-76 (refer to agreenzm that
approved PMCDD. Resolution t93-187), as amended, and other applicable
County rules and regulations.
PMCDD will be r~nsible for installing potable water and irrigation water
service connections to distribution mains for single family only. Use of thc
services will be approved on final inspection and acceptance by Collier County.
All customers connecting to the water distn'bution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the
County in accordance with the County's established rates.
Thc on-site water distribution system serving the project must be connected to the
Collier County Water-Sewer District's (the District) water main available and
adjacent to the Conmmnity boundaries consistent with the main sizing
requirements specifzd in the project's Utility Master Plan and extended
throughout the project. D~ring desig~l of the~ facilities dead end mains shall be
minimized by looping the interml pipeline network where feasible.
Thc project's Developer(s) his assigns or successors may negotiate an Agreement
with the District for thc use of treated sewage effluent within the project limits,
for irrigation purposes. The Developer would be responsible for providing all on-
site piping and pumping facilities from the County's point of delivery to the
project and negotiate with the County to provide full or partial on-site storage
facilities, as required by the FDEP consistent with the volume of treated
wastewater to be utilized.
Thc utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (I) main on-site pump station for each sewage collection basin.
Due to the design and configuration of the master pump station, flow by gravity
into the station will not be possible. The Developer's Engineer shall meet with
the County staff prior to commencing preparation of construction drawings, so
that all aspects of the sewerage system design can be coordinated with the
County's sewer master plan.
Thc existing off-site utility facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent
with the County's Water Master Plan to insure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated
demands of the project and thc District's existing committed capacity. This
requirement will be waived provided a written statement is obtained from Collier
County Utilities Division stating that the District has adequate facilities and
capacities to serve that phase of the project at the time utility service is required.
The existing off-site sewage transmissicm facilitk:s of the District rnu.~ be
evaluat~l for hydraulic capacity to serve this project and improved as requh'td
outside the project's boundary to provide adequate capacity to tr'amp~ the
additional wastewater generated without adverse impact to thc existing
tr~smission facilities. This requiremoat will be waived provided a written
statement is obtained from Collier County Utilities Division stating ti-at the
Disu'ict has adequate facilities and capacities to serve that phase of the project at
the time utility service is required.
Within the Pelican Marsh Corrmatmity landscaping (including palm trees, shrubs
and groundcovers), sidewalk/patha will be allowed within utility easements
including placement within three feet (3') of a utility line. Canopy trees may be
located seven feet O') from the utility line (seven feet (7') being measured from
the trunk of the tree to the centerline of the utility line). Reconstruction of
sidewalk/pathways or modification/re-installation of plant materials due to
necessary maintenance of utility line will be the responsibility of the Developer its
~uccessors or assigns.
Collier County Utilities Division shall allow the installation of potable water and
irrigation water service connections to distribution mains during construction of
the single family subdivision utilities. The installation will be scheduled upon
request and paymenl of fees by the developer, its successors and/or assigns. The
installation will be in accordance with the approved plans and specifications.
current policies and procedures, and performed by the developers' contractor.
The contractor must be approved for the installation by the Collier County
Utilities Division. Fees will be determined by the current ordinance in effect at
the time of the request for connections. Reimbursement of connection fees will be
rebated to the developer annually based on meter installations.
Developer will prepare a study to determine the most effective and efficient means
to shield the light source spill-over from the sports field lights at Veteran's Park.
The study will address the approach, installation methods, costs and scheduling of
the work and will be presented to the Collier County Parks and Recreation
Director for review and lpproval. Should the improvements be determined by the
County to be expenses that are eligible for impact fees credits, the developer will
provide the County with engineered drawings and specifications suitable for
bidding by the County. Developer will pay the County the value of light shield
installation and receive Lmpact fee credit, if it qualifies under the County's Parks
and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work
pursuant to the terms of the impact fee ordinance.
g.lO ENVIRONMENTAL
In order to avoid repetitive review of environmental issues in subsequent stages of
the County development approval process, the requirement for obtaining approval
The existing o~site sewage tran.smi~ion facilities of the District must be
evaluated for hydraulic capacity to serve this project and improved as required
outJide the project'a boundary to provide adequate capacity to tram, port the
additional wastewater generated without adverse impact to the existing
u'ammission facilities. This requirement will be waived provided a written
~aterrm~ is ob~ined from Collier County Utilities Division stating that the
District has adequate facilities and capacities to serve that phase of the project at
the time utility service ia required.
Within the Pelican Marsh Community landscaping (including palm trees, shrubs
and groundeovers), sidewalks/paths will be allowed within utility easements
including placement within three feet (Y) of a utility line. Canopy trees may be
located seven feet (7') from the utility line (seven feet (7') being meamred from
the t, unk of the tree to the cemerline of the utility line). Reconstruction of
sidewalk/pathways or modif~:ation/re-installation of plant materials due to
necessary maintenance of utility line will be the responsibility of the Developer its
succ~s~rs or a~signs.
Collier County Utilities Division shall allow the installation of potable water and
irrigation water service conmetions to distributiGn mains during construction of
the single family subdivision utilities. The installation will be scheduled upon
request and payment of fees by the developer, its successors and/or assigns. The
installation will be in accordance with the approved plans and specifications,
current policies and procedures, and performed by the developers' contractor.
The contractor must be approved for the installation by the Collier County
Utilities Division. Fees will be determined by the current ordinance in effect at
the time of the request for connections. Reimbursement of connection fees will be
rebated to the developer annually based on meter installations.
Developer will prepare a study to determine the most effective and efficient means
to shield the light source spill-over from the sports field lights at Veteran's Park.
The study will address the approach, installation methods, costs and scheduling of
the work and will be presented to the Collier County Parks and Recreation
Director for review and approval. Should the improvements be determined by the
County to be expenses that are eligible for impact fees credits, the developer will
provide the County with engineered drawings and specifications suitable for
bidding by the County. Developer will pay the County the value of light shield
installation and receive impact fee credit, if it qualifies under the County's Parks
and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work
pursuant to the terms of the impact fee ordinance.
8.10 ENWIRONMENTAL
In order to avoid repetitive review of environmental issues in subsequent stages of
the County development approval process, the requirement for obtaining approval
8-9
Ko
The existing off-site sewage transmission facilities of thc District must be
evaluated for hydraulic capacity to serve this project and improved as required
outside the project's boundary to provide adequate capacity to ~nstx~ the
additional wa~tewater generated without adverse impact to the existing
transmission facilities. This requirement will be waived provided a written
staterr~nt is obtained from Collier County Utilities Division stating that
Distri~ has ~tquate facilities and capacities to serve that phase of the project at
the time utility service is required.
Within the Pelican Marsh Community landscaping (including palm trees, shrubs
and groundcovers), sidewalks/paths will be allowed within utility easements
including placement within three feet (Y) of a utility line. Canopy trees may be
located seven feet (7') from the utility line (seven feet (7') being nr. asured from
the trunk of the tree to the centerline of the utility line). Reconstruction of
sidewalk/pathways or modification/re-installation of plant materials due to
necessary maintenance of utility line will be the responsibility of the Developer its
succe:sors or assigns.
Collier County Utilities Division shall allow thc installation of potable water and
irrigation water service connections to distribution mains during construction of
the single family subdivision utilities. The installation will be scheduled upon
reque, t and payment of fees by the developer, its successors and/or assigns. The
installation will be in accordance with the approved plans and specifications,
current policies and procedures, and performed by the developers' contractor.
The contractor must be approved for the installation by the Collier County
Utilities Division. Fees will be determined by the current ordinance in effect at
tbe time of the request for cormections. Reimbursement of connection fees will be
rebated to the developer annually based on meter installations.
Developer will prepare a study to determir, e the most effective and efficient means
to shield the light source spill-over from the sports field lights at Veteran's Park.
The study will address fl',e approach, installation methods, costs and scheduling of
the work :uxl will be presented to Lhe Collier County Parks and Recreation
Director for review and approval. Should the improvements be determined by the
County to be expenses that are eligible for impact fees credits, the developer will
provide the County with engineered drawings and specifications suitable for
bidding by the County. Developer will pay the County the value of light shield
installation and receive impact fee credit, if it qualifies under the County's Parks
and Recreational Facilities Impact Fee Ordinance. for the actual cost of the work
gnarsuam to the terms of the impact fee ordinance.
8.10 ENVIRONMENTAL
In order to avoid repetitive review of environmental issues in subsequent stages of
the County development approval process, the req~lirement for obtaining approval
8-9
,I ti JLJI II Il II I...LJ, I~JMLJLJLJL_JL_JLJL
Map H
Mseter Plan
Pelican Marsh Communities
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. 97-79
Which was adopted by the Board of County Commissioners on the 9th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of December,
1997.
DWIGHT E. BROCK .'
Clerk of Courts and. Clerk
Ex-officio to Board~ of
County Commissionerk ,-
By: Ellie Hoffman
Deputy Clerk
COLLIER COUNTY
REQUEST FOR LEGAL ADVERTISING
To*. Cl~rk to the Board: PleaK place thc followln
XXX Normal legal A~v~sement
1 2B
BEARINGS
-3
(Di~lay Adv., I~c~tio., ~c.)
P~ition No. (lf ~, ~ve bd~ ~ion):
P~do~: ~a~
N~s) to ~ u~: (Compile only if italini):
~ Napl~ Daily N~s ~r ~ ~lly ~ui~
Pro~ Text 0~lu~ le~l ~fi~on · ~mon I~lion · S~: ' ' 7- ' f
· ·
Companion petition(s), if any & propcrsed hearing dale:
Does Petition Fee include advcrtising cc~t9 [] Yes [] No if Yes, what account should be charged for advertising costs:
!13-131~323-6491 I0
I~iewed by.: ', / . i .,~ Appr~'ed by:
Division tie. ad Date ~ t County Manager
Lisl ^ltachments
Date
! TRIB I N IN N
For hearin~ before BCC or BZA: Initiating potion to complete one co7 and obtain Division llcad approval before
lubmitting to County Manager. Note: [f legal document is involved, be ~mre that an)' neces~ar7 legal re~-iew, or request
for same, is ~ubmitted to County Attorney before ~ubmitllng to County Manager. Thc blanager's office will distribute
copies:
{-I Caunty Mana~:r agenda file: to [] Reque~ting OhJslon [] Original
Clerk's Office
B. Other hearin8,~: Initiating Division head to approve and ~ubmit original to Clerk's Ofl'~ce. retaining a cop,.' for file.
FOR CLERK'S OFFICE USE ONLY:
Date ~ei,~: ~ ~,e or ~,,i~ ~-~.g: ~_ ..t~ A~.ed: ~~
!11111111111111111111111111111111111111111111111111111111111111
Iii11111111111111111111111111111111111111i!ii111111111111111
~ 0! ' 1'7
t~ 01'53
Time
sent::
12B-3
November 17, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notfce of Public Hearing to Consider Petition PUD-97-13
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, November 23, 1997, 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 9800551
NOTICE OF INTENT TO CONSIDER ORDINANCE
ihNotice is hereby given that on TUESDAY, DECEMBER 9, 1997, in
e~ Boardroom, 3rd Floor, Administration Bulldln~, Collier County
iC, overnment Center, 3301 East Tamiami Trail, Maples, Florida, the
ii~oard 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
CO~CY LAND DEVELOPME}~ CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMET~DING THE OFFICIAL ZONING ATLAS MAP
8526N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPER~f FROM "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS VETERANS PARK CENTER PUD,
FOR A MIXED USE PROJECT THAT ESTABLISHES TWO TRACTS, TRACTS
'A" FOR MEDICAL AND RELATED USES (1.82 ACRES) AND "B" FOR
MEDICAL AND RELATED USES OR PUBLIC FACILITIES AND
INSTITUTIONAL USES OR 42 MIXED RESIDENTIAL DWELLING UNITS
(6.94 ACRES) FOR PROPER~f FRONTING ON THE SOUTH SIDE OF
IMMOKALEE ROAD (C.R. 846), LYING APPROXIMATELY 300 FEET WEST
OF VETERANS PARK DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.76 ACRES,
MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE.
Petition PUD-97-13, Michael R. Fernandez, AICP, of Planning
pment Incorporated, representing Anthony J. Hartig,
~requesting a rezone from 'A' Rural Agricultural to "PUD" Planned
,t~Unit Development for a mixed use project.
~i~ Copies of the proposed Ordinanc, ar- on fi le with the C1
er k to
~the Board and are available for inspection. All interested
~arties are invited to attend and be heard.
i~ Any person who d-~ides to appeal a decision of the Board will
i~eed a record o~ the'~roceedings pertaining thereto and therefore,
~'~ay need to ensure that a verbatim record of the proceedings is
~'~ade, which record includes the testimony and evidence upon which
~iithe appeal is based.
i~BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK
By:
/s/Ellie Hoffman.
Deputy Clerk
-3'
November 17, 1997
Mr. Anthony Jo Hartig
150 North Federal Highway, Suite 200
Fort Lauderdale, FL 33301
Re: Public Hearing to Consider Petition PUD-97-13
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
November 17, 1997
Mr. Michael R. Fernandez, AICP
Planning Development Incorporated
2523 River Reach Drive
Naples, FL 34104
Re: Public Heazing to Consider Petition PUD-97-13
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be. published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearinG.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
NO.
12B-3
AN ORDINANCE A~ENDI~G ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE CO{~PREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED A.REA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUI~BER
8526N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL
AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS VETERANS PARK CENTER PUD, FOR A MIXED USE
PROJECT THAT ESTABLISHES TWO TRACTS, TRACTS
FOR MEDICAL A~ID RELATED USES (1.82 ACRES) AND "B"
FOR MEDICAL AND P. ELATED USES OR PUBLIC FACILITIES
~ND INSTITUTIONAL USES OR 42 MIXED RESIDENTIAL
DWELLING UNITS (6.94 ACRES) FOR PROPERTY F~ONTING
ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846),
LYING APPROXIMATELY 300 FEET WEST OF VETER~S PARK
DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25
EAST, CgLLIER COUNTY, FLORIDA, CONSISTING OF 8.76
ACRES, MORE OR LESS; AND BY PROVIDING ;%N EFFECTIVE
DATE.
WHEREAS, Michael R. Fernandez, AICP, of Planning Development
Incorporated, representing Anthony J. Hartig, petitioned the
Board of County Commissioners to change the zoning classification
of the herein described real property;
NOW, THEREFORE BE IT ORDAI~IED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 26, Township 48 South, Range 25 East,
Collier County, Florida, is changed from 'A" Rural Agricultural
to "PUD" Planned Unit Development in accordance with the Veterans
Park Center PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Nu~%ber 8526~, as described in Ordinance Number 91-102, the
Collier County Land Deve!opmenL Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
-1-
PASSED AND DULY ADOPTED by the Board of County Commissioners
day of '
of Collier County, Florida, this _ _
1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Cler~
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to Form
and Legal Sufficiency
~arJorie M. Student
Assistant County Attorney
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12B-3
VETERAN PARK
CEN~TER .~,.,.~: ::~ '~ ~ ri.
PLANNED UNIT DEVELOPMENT~.._,,.~,..~ ,~
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepazed For:
Anthony J. Hartig
the Law Office of John P. Wilkes, P.A.
50 North Federal Highway, Suite 200
Fort Lauderdale. Florida 33301
Pr~ared By:
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
12B-
TABLE OF CONTENTS
PAGE
THRU
PAGE
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
ii
ill
iv
V
SECTION
I
[I
III
IV
v
vi
PROPERTY OWNERSI-HP & DESCRIPTION I-I
PROJECT DEVELOPMENT 2-1
COMMERCIAL TRACT A 3-1
COMMERCIAL TRACT B 4-1
RESIDENTIAl. ALTERNATIVE FOR TRACT B 5-1
GENERAL DEVELOPMENT COMMITMENTS 6..!
I-5
2-4
3-2
4-2
5-5
6-3
ii
12B-
LIST OF EXHIBITS AND TABLES
EXHIBIT A
EXHIBIT B
EXHIBIT C
TABLE I
TABLE II
PUD Mas~er Plan
Location Map
PUD Maste~ Site Plan Exhibit
Land Use Table
Summary of Development Standards for All Residential Structures
111
STATEMENT OF COMPLIANCE
1he development of approximately 8.76 acres of prolx'rty in Collier County, as a Planned Unit
Development to be known as Veterans Park Center will be in compliance with the goals, objectives
and policies of Collier County as set forth in the Comprehensive Plan. Thc commercial and
residential facilities of Veterans Park Center will be consistent with applicable comprehensive
planning objectives of each of the elements of the Comprehensive Plan for thc following reasons:
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.
TI~ project development will result m an efficient and economical extension of community
facilities and .,services as required in Policies 3.I.H and L of the Future Land Use Element.
The project will be served by a complete range of services and utilities as approved by the
Count)'.
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
conlaJned herein.
All final local development orders for this project are subject to the Collier County Adequate
Public Facilities Ordinance.
The devclopmcnt is eligible for the development provisions of Comprehensive Plan Future
l,and Use Element, Future Land Use Designation Description Section, Urban Designation
for support medic, al uses within 1/4 mile of existing or approved hospitals or medical centers
which offer prin~'y ~ urgent cart treatment.
The project meets the requirements and intent of the residential in-fill provision of the
Comprehensive Plan's Density Rating System which is applicable if:
a. the project must be compatible with surrounding land uses;
The proposed development is compatible with surrounding lands uses the
implementation of the deswlopment standards contained within this document for
setbac£~, landscape buffers the site's existing natural features.
bo
the property in question has no common site development plan with adjoining
property;
7'he subject property has no common .rite development plan with adjoining property:
iv
12B-3
There is no common ownership with any adjacent parcels: and the parcel in question
was not created to take advantage of the in-fill residential density,.
The land owner does not have ownership of any adjacent parcels which abut the
subject property which has been under his ownership since 1984: prior to the
creation of the referenced provision which was adopted on danuar), 10. 1989.
The subject property is within the Urban Residential Land Use Designation as identified on
the Future Land U~ Map as required in Objective i, Policy 5.1 and Policy 5.3 of the Future
Land Use Element(FLUE) and therefore is eligible for the base density as provided by the
FLUE Density Rating System. The Density Rating System contained in the FLUE yields the
property eligible for a density of up to four (4) dwelling units per acre. The FLUE also
contains an applicable provision for density reduction for lands within the County's Traffic
Congestion Area which reduces by one (i) dwelling unit, the yield per acre; and, a provision
for residential in-fill which provides for an additional 3 units per acre yield. Therefore the
following tabulation is applicable:
Base Density in Urban Area
Traffic Congestion Area Reduction
Residential In-fill
4 du/a
- ! du/a
3 du/a
Total Eligible Density
6 du/a
The site's residential component is 6.94+/- acres, see Table !. Therefore, the maximum
number of units this development is eligible for is 42 units and the proposed development
is for a maximum of 42 units. The project site (not inclusive of Tract "A") will have a
density of 6.0 units per acre. This density is deemed consistent v, ith the density provided
for by the County's Growth Management Plan.
This parcel, a p~cel of 8.76 acres is eligible for consideration for a Planned Unit
Development (PUD) zoning district under the provision for In-fill Development which is
applicable to parcels under the following definition:
A parcel not less than two acres in size, that due to its location and relationship to other
developed parcels or parcels approved for development, ma)' require special design
standarct~ for development ensuring its compatibility. Such design standards may include
adjtmtments to yard~, height, size of str ucture, landscaping and buffering, and conformance
with a common architectural theme.
i.I
1.2
SECTION !
PROPERTY OWNERSHIP AND DESCRIIrF1ON
The purpose of this Section is to set forth the location and ownership of the property, and Io
dr-scribe thc existing conditions of thc property proposed to be developed under the project
namc of Vetcram~ Park Center.
_LEGAL DESCRIPTION
The subject property being:
SITUATED IN COLLIER COUNTY. FI.ORIDA, AND BEING THE W-Ir. ST ONE-HALF OF THE EAST
ONE-llALF OF TIlE NORTHWF. ST ONE-QUARTER OF T14E .NORTHWEST ONE-OUARTER (W % OF
E ,x: OF NW 114 OF NW 1/'2) OF SECTION 26, TOWNSHIP 48 SOLFI'H, RANGE 25 EAST. LESS THE
NORTH 100 FEET 'iliEREOF AND LESS TIlE FOLLOWING DESCRIBED PROPERTY.
FROM TIlE NORTHWEST CORNER OF SAID SECH~ON 26 BEAR NORTH 89 DEGREES 14' 12" EAST,
ALONG THE NORTII LINE OF SAID SECTION 26. A DISTANCE OF 696.09 FEET TO THE
INTERSECTION TIIEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF THAT CERTAIN
DRAINAGE CANAL AS RECORDED IN OFFICIAl. RECORDS BOOK 188, PAGE 88. COLLIER
COUNTY, FLORIDA. PUBLIC RECORDS. AN[) AS SHOWN ON "PALM RIVER ESTATES UNIT NO
7". A SUBDIVISION IN SECTION 23. TOWNSHIP 48 SOUTH. RANGE 25 EAST. ACCORDING TO
THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 12, PAGE 29, COLLIER COLINTY, FLORIDA.
PUBLIC RECORDS,
THENCE. SOUTlt 00 DEGREES, 45' 41' EAST. A DISTANCE OF 100.00 FEET TO THE
lhFFERSECTION THEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 846 AND
THE [~OINT OF BEGINNING:
THENCE. CONTINUE SOUTH 00 DEGREES 45' 4fEAST, A DISTANCE OF 100.00 FEET;
TtIENCE, NORTH $9 DEGREES 14' 12' EAST, A DISTANCE OF 110.00 FEET;
THENCE, NORTH 00 DEGREES 45' 41'* WEST, A DISTANCE OF 100.00 IF. ET TO THE
INTERSECTION THEREOF WITH THE SOUTH RIGItT-OF-WAY LINE OF STATE ROAD S46,
THENCE, SOUTtt 19 DEGREES 14' 12" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE
OF 110.00 FEET TO THE pOINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.25 ACRES.
PARCEL 6A-T
DESCRJPTION: ROAD RIGIIT-OF-WAY
A PARCEL OF LAND LOCATED IN THE NOR~T 1/4 OF SECTION 26. TOWNSHIP 48 SOUTH,
RANGE 25 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
1-1
12B
'-3
COMMF.,'NCE AT TIlE NORTtiWEST CORNER OF SECTION 26, TOWNSIIIP 48 SOUTH. P, ANGE 25
EAST. COLLIER COUNTY, FLORIDA. HIE SAME BEING A POINT ON THE NORTHERLY RIGHT-
OF-WAY LINE OF IMMOKALEE ROAD (S.R. ~16), A 100.00 FOOT RIGHT.OF-WAY: THENCE
N. $9 DEGREES 555' 32' E. ALONG TIlE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION
26 AND AI.ONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 696.09 FEET; THENCE RLrN S.
O0 DEGREES 04' 2g' E. FOR A DISTANCE OF I00.00 FEET TO A POINT ON THE SOUTHERLY
RIGid-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING OF TIlE PARCEL
OF I.~ND HEREIN DF,,~RIBEI~, THENCE CONTINUE S. 00 DEGREES 04' 28" E. FOR A DISTANCE
OF 5~.00 FEET; THENCE RUN S. 89 DEGREES 55' 32" W. FOR A DISTANCE OF 32.4'/FEET TO THE
WEST LINE OF THE WEST % OF THE EAST '4 OF THE NORTHWEST I/4 OF THE NORTH~T.,ST I/4
OF SMD SECTION 26, TIiENCE RUN N O0 DEGREES 29' 550" W. ALONG THE WEST LINE OF THE
WEST ¼ OF THE EAST '4 OF THE NORTHWEST I/4 OF THE NORTHWEST I/4 OF SAID SECTION
26 FOR A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE
ROAD. THENCE RUN N. 89 DEGREES 5555' 32" E. ALONG SAID RIGHT-OF-WAY LINE FOR A
DISTANCE OF 32 ~4 FEET TO THE POINT OF BEGINNING, CONTAINING 0.037 ACRE. MORE OR
LESS
St;BIECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO AN ASSUMED BEARING OF N. 8<I DEGREES 55' 32" E. ALONG THE NORTH
LINE ¢)F TIlE NORTIIWEST 1/4 OF SECTION 26, TOWNSIIIP 48 SOUTll. RANGE 25 EAST, COLLIER
C¢)UNTY, FLORIDA
PARCEl. 6B-T
DESCRIPTION: ROAD RIGHT-OF-WAY
A PARCEl, OF LAND I,(X:ATED IN TIlE NORTIIWEST 1/4 OF SECTION 26. TOWNSHIP 48 SOU'Itt.
RANGE 2:5 EAST. COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOI. LOWS:
COMMENCE Al 'rile NORTHWEST CORNER OF SECTION 26. TOWNSHIP 48 SOUTH, RANGE 25
I'.AST. COI,LIF. R COUNTY. FI,ORIDA. Tile SAME BEING A POINT ON THE NORTHERLY RIGHT-
OF-WAY LINE OF IMMOKALEE ROAD (SR. ~46), A 100.00 FOOT RIGHT-OF-WAY; THENCE RL;N
N. 89 DEGREES 55' 32' E. ALONG THE NORTH LINE OF THE NORTH~,I!iST I/4 OF SAID SECTION
26 AND ALONG SAID RIGIIT-OF.WAY LINE FOR A DISTANCE OF 696.09 FEET; THENCE RUN S.
00 DEGREES 04' 28' E. FOR A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHERLY
RIGIlT-OF-WAY LINE OF IMMOKALEE ROAD; TIIENCE RUN N. 89 DEGREES 5555' 32" E. ALONG
SAID RIGIIT-OF-WAY LINE FOR A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING OF
Tile PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE FOR A DISTANCE OF 188.46 FEET TO THE EAST LINE OF THE WEST % OF
TIlE EAST % OF THE NORTHWEST I/4 OF THE NORTHWEST !/4 OF SMD SECTION 26; THENCE
RUN S. 00 DEGREES 3 I' 14' E. ALONG TIlE EAST LINE OF THE WEST % OF THE EAST % OF THE
NORTHWEST I/4 OF TilE NORTHWEST 1/4 OF SAID SECTION 26 FOR A DISTANCE OF 50.00
FEET; TIIENCE RUN S. 89 DEGREES 555' 32" W. FOR A DISTANCE OF 188.85 FEET; THENCE RUN
N. OO DEGREES 04' 28' W. FOR A DISTANCE OF 50.00 FEET TO Tile POINT OF BEGINNING.
CONTAINING O217 ACRE. MORE OR LESS.
SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TI;) AN ASSUMED BEARING OF N. 89 DEGREES 55' 32" E. ALONG THE NORTH
1-2
2B- 3 '
LINE OF THE NORTHWEST 1/4 OF SECTION 26. TOWNSItlP 45 SOUTtl. RANGE 25 EAST. COLLIER
COUNTY. FLORIDA.
And, ilterna#vely de~cril~d ~y the follo~,ing Tract / Parcel Desctlption~:
TRACT / PARCEL #A": A PARCEL OF 1.82 ACRES. MORE OR LESS:
A PARCEl. OF LAND SIFUATT:D AND BEING IN THE WEST ONE-HAI.F OF THE EAST ONE-HALF
OF TIlE NORTitWEST ONE-QUARTER OF THE NORT]FWEST ONE-QUARTER OF SECTION 26.
TOWNSltlP 48 SOUTli. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. AND BEING MORE
PART~CULARloY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH3~T CORNER OF SAID SECT1ON 26. TOWNSHIP 48 SOUTH.
RANGE 25 EAST. THENCE NORTH 19 DEGREES 14' 12" EAST. ALONG THE NORTH LINE OF SAID
SEL'TION 26. A DISTANCE OF 696.09 FEET: THENCE SOUTH 00 DEGREES 45' 48~ EAST. A
DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF PARCEL DESCRIBED IN
OFFICIAl. RECORD BOOK 1458. PAGE 1300. PUBIJC RECORDS OF COLLIER COL~N~i'Y. FLORIDA:
TIIENCE COWFfNUE AIX)NG TIlE NORTH LINE OF SAID DESCRIBED PARCEL. SOUT~t 00
DEGREES 45' 48' EAST. A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 14' 12" EA ST.
A DISTANCE OF 29.62 FEET TO TIlE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED; THENCE LEAVING TIlE NORTH LINE OF SAID PARCEl. DESCRIBED IN OFFICIAL
RECORD BOOK 1451. PAGE 1300. SOUT}t 15 DEGREES 17' 59' EAST. A DISTANCE OF 26.55 FEET:
T]tENCE SOUTH 01 DEGREE iff 24" EAST. A DISTANCE OF 68.55 FEET; THENCE SOUTH Ig
DEGREES 42' 17' EAST. A DISTANCE OF 50.69 FEET: THENCE SOUTII 34 DEGREES 27' 53" EAST.
A DISTANCE OF 63.15 FEET; THENCE SOUTH 62 DEGREES 43' 21' EAST. A DISTANCE OF 78.05
FEET; TIIENCE SOUTH 22 DEGREES }]' I I' EAST. A DISTANCE OF 78.94 FEET; TIIENCE SOUTH
50 DEGREES GO' 2]' EAST. A DISTANCE OF 35.36 FEET; THENCE SOUTH 64 DEGREES 45'
EAST. A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-IIAI.F OF THE EAST
ONE-ItALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 26: TttENCE ALONG TIlE EAST LINE OF THE WEST ONE-IIALF OF TIlE EAST ONE-
HALF OF T}IE NORTHWEST ONE/QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 26. NORTII 01 DEGREE I I' 49' WEST. A DISTANCE OF 421.72 FEET. THENCE SOU'H!
DEGREES 14' 12' WEST. A DISTANCE OF I1~885 FEET TO A POINT ON THE NORTH LINE OF A
PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1458. PAGE 1300. PUBLIC RECORDS OF
COLLIER COUNTY. FLORIDA: THENCE CONTINUE ALONG ~'HE NORTH LINE OF SAID
DESCRIBED PARCEL, SOUTH 00 DEGREES 45' 45" EAST, A DISTANCE OF 50.00 FEET. THENCE
$OUTIt 89 DEGREES 14' 12" WEST. A DISTANCE OF 80.;38 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26. TO% ,~NSHIP 48 SOUTH. RANGE
25 EAST. COLLIER COUNTY. FLORIDA AS BEING: NORTH 89 DEGREES 14' 12" EAST.
TRACT / PARCEL "B": A PARCEL OF 6.94 ACRES. MORE OR LESS:
A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALE
OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 26.
TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TOWNSHIP 48 SOUTIt.
RANGE 25 EAST, DtENCE NORTH 89 DEGREES 14' 12" EAST. ALONG THE NORTH LINE OF SAID
SECTION 26. A DISTANCE OF 606.09 FEET; THENCE SOUTH 00 DEGREES 45' 48" EAST. A
DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF A PARCEL DESCRIBED IN
1-3
OFFICIAl. RECORD BOOK 14~$. PAGE 1300. PUBLIC RECORDS OF COLLIER COUN'IW. FLORIDA.
AND TIlE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUE,
AI,ONG TIlE NORTH LINE OF SAID DESCRIBED PARCEL. SOUTH OO DEGREES 45' 48' EAST. A
DISTANCE Olr 50.00 FEET; THENCE NORTH 89 DEGREES 14' 12' EAST. A DISTANCE OF 2o 62
FEE'F; THE,'NCE I,EAVING THE NOR'I'tt I,INE OF SAID PARCEl, DESCRIBED IN OFFICIAL RFCORD
BOOK 145S. PAGE 1300. SOU'I'tl 15 DEGREES i? 5~' EAST. A DISTANCE OF 26.55 FEET: THENCE
SOUTH OI DEGREES Iff 24' EAST. A DISTANCE, OF 65.55 FEET: TItENCE SOUTtl 18 DEGREES 42'
4:' L~,ST. A DISTANCE OF 506~ FEET: 'I'tIE-N1CE SOUTH 34 DEGREES 2'/' 53" EAST. A DISTANCE
OF 63. I S FEET. THENCE SOUTH 62 DEGREES 43' 21" EAST. A DISTANCE OF 711.05 FEET: THENCE
SOUFil 22 DEGREES 33' I 1' EAST. A DISTANCE OF ?$.94 FEET: THENCE SOUTH 50 DEGREES OCr
23' EAST. A DISTANCE OF 35.36 FEET: TilENCE SOUTH 64 DEGREES 45' 48" EAST. A DISTANCE
OF 09.66 FEET TO THE EAST LINE OF TilE WEST ONE-HALF OF THE EASI' ONE-HALF OF ~I-IE
NORTHWEST ONE-OUARFER OF TIlE NORTIIWEST ONE-QUARTER OF SAID SECTION 26.
FllENCE ALONG THE EAST LINE OF T'tlE WEST ONE-IIALF OF THE EAST ONE-HALF OF TIlE
NORTHWEST ONE-OIIARTER OF TIlE NORTHWEST ONE-QUARTER OF SAID SECTION 26.
SOUTH 01 DEGREES I I' 49" EAST. A DISTANCE OF '}45.95 FEET TO THE SOUTH LINE OF THE
WEST ONE-ttALF OF TIlE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE
NORTHWEST ONE-QUARTER OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE
WEST ONE-HALF OF THE EAST ONE-HALF OF 'l'tlE NORTI~VEST ONE-QUARTER OF THE
NORTHWEST ONE-QUARTER OF SAID SECTION 26. SOUTH 89 DEGREES 23' $2' WEST. A
DISTANCE OF 331.12 FEET TO THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE-
HALF OF THE NORTHWEST ONE-OUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 26: TllENCE AL~)NO THE WEST I,INE OF THE WEST ONE.HAI,F OF THE EAST ONE-
tIALF OF THE NORTHWES~ ONE-QUARTER OF THE NORTIIWEST ONE-OUARTER OF SAID
SECTION 26. NORTH 01 DEGREES I0' 2~1' WEST. A DISTANCE OF 1166.76 FEET: THENCE NORTH
89 DEGREES 14' 12' EAST. A DISTANCE OF 32.4'} FEET TO TIlE POINT OF BEGINNING.
SUBJECT T¢) I{ASEMEN TS. RESTRICTIONS AND RESERVATIONS OF RECORD.
BEARINGS ARF, BASED ON T}IE NORTIt LINE OF SECTION 26. TOWNSIIIP 48 SOUTH, RANGE
25 EAST. COLLIER COUNTY. FLORIDA AS BEING: NORTH 89 DEGREES 14' 12' EAST.
1.4
PROPERTY OWNERSHIP
The subject property is currently under thc ownership and unified control of the Anthony J.
tlartig, hereinafter called "applicant or developer".
GENERAL DESCRIPTION OF
Ao
The project site is located within Section 26, Township 48S, Range 25 E. The parcel
of approximately g.76+1- acres is located on and south of County Road 846
(Immokalee Road) and approximately 250 feet west of the intersection with Veterans
Park Drive. The location can be further described as located approximately 1-1/4
miles east of US 41 North, 'A mile east of Goodlette-Frank Road and 3/4 mile west
of Airport-Pulling Road.
The zoning classification of the subject property prior to the date of this approved
PUD Document was A/Agriculture.
1.4
12B 3
1.5
1.6
1.7
P_HYSICAL DESCRIPTION
The site's singular prominent natural featur~ is in ~he form of Horse Creek. The south top
of bank of this creek defines the boundary between the norlheast tract and the southwest.
The site is generally vegetated. Trac~ B likely includes wetlands along the creek, which may
have been. in part. created or maintained as a result of the Big Cypress Basin Structure
located between the subject parcel and lmmokalee Road. As the site has an area greater than
five acres, the development of ~ parcel will require the retention of a minimum of 1 $
percent of the subjec~ property's viable habitat. The subjec~ property supports a variety of
habitat including scrub oak and pine and the creek supports a variety of trees and understory
vegetation including palmetto, oaks and pine.
The site has the following designation relative to flood -FEMA FIRM Flood Zone AE
(Special flood hazard areas inundated by 100 year flood, base elevation of 11 NGVD).
Community-Panel Number 120067 0193 D, Panel 193 of 1125 for Collier County; Map's
effective date: June 3, 1986.
PROJECT DESCRIPTION
Veterans Park Center is a planned development of commercial acreage with a potential of
a mixture of uses limited to medical support, medically related and other uses which are
consistent with the provisions of the Collier County Comprehensive Plan. The subject
pmgerty is comprised of two tracts which are defined by the south and west top of bank of
Horse Creek which traverses the subject property.
Thc northeast tract, Tract A. of the subject property has an area of 1.82 acres. Total
development on this parcel shall not exceed 20,000 square feet.
The southwest tract. Trao. B. has an area of 6.94 acres. Total development on this tract shall
not exceed 78.000 square feet. or in the alternative 42 residential units or a public service
facility as delineated and described b~' Exhibit "C" - Conceptual Site Plan. to this document.
This Ordinance shall be known and cited as the "Veterans Park Center Planned Unit
Development Ordinance."
1-5
12B-3
SECTION II
PROJEC'I' DEVELOPMENT REQUIREMENTS
2.1
2.2
2.3
The purpose of this Section is to delineate and generally describe thc projecfs plan of
development, relationships Io applicable County ordinances, the respective land uses of the
tracts included in thc project, as well as other project relationships.
A. Regulations for development of Veterans Pazk Cen~ shall be in accordance with the
comems of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier Coumy Land Development Code and
Comprehensive Plan in effect at the time of issuance of any development order to
as Final Subdivision FI~ Final Site Development Plan, Excavation Permit and
Pr~limimt¥ Work ^~on. Wher~ the r~ui~om of this PUD Documeat fail
to provide develol:nm'ntal standards then the provisions of the most similar district
in the County Land Developmem Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect al the time
of building permit application.
C. Ali conditions imposed and ali graphic material presented depicting restrictions for
the devclopmenl of V.-terans Park Center shall become part of the regulations which
govern the manner in which the PUD site may be developed.
D. Unless modified, waived o~ excepted by this PUD document or associated exlxibi~
the provisions of other land devtlopag~t codes where applicable remain in fidl force
and effecl with respect to the development of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concta'rem'y review under fig provisions of Division 3.15 Adequ~e Public F~-'ilities
of the Land IX've~ Code ~t the e~rliest or next to occur of either final SDP
approval, final plat a~:goval, or building permit issuance applicable to this
development.
DESCRIPTION OF PROJECT PL~2q AND PROPOSED LAND USES
Ao
The project Mas~ Plan. including and use of land for the acreage notexL is illuswated
graphically by Exhibit "A", PUD Master Plan. There shall be two general land use
tracts/acrr, age, which is graphically depicted by Exhibit "A".
2-1
12B 3
VETERANS PARK CENTER
ESTIMATED LAND USE SUMMARY
NORTHEAST TRACT
20,000 SF
1.82+/-
SOUTHWEST TRACT
78,000 SF
or
42 RESIDENTIAL
UNITS
or
THE PUBLIC SERVICE
FACILITY AS SHOWN
ON EXHIBIT 'C'
6.94+/-
Co
Do
TOTAl..
8.76+/-
Includes open space or recreational areas that may be located within
residential acreage.
Total tract acreage utilized in the determination of residential density..
Table I is a schedule oft,he intended land uses, with approximate acreage ofthe total
project indicated. The arrangement of these land areas are shown on the Master Plan
(Exhibit "A"). The Master Development Plan is an illustrative preliminary
development plan. Design criteria and layout that is illustrated on the Master
Development Plan and other exhibits supporting this project shall be understood to
be flexible so that final design may satisfy development objectives and be consistent
with the Project Development, as set forth in this document.
Modification to all boundaries may be permitted at the time of Preliminary
Subdivision Plat or Site Developng'nt Plan approval, subject to the provisions of the
Collier County Land Development Code or as otherwise permitted by this PUD
document.
In ~ddition to the various weas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public, etc.) shall be established within
or along the various tracts or acreage as may be necessary.
Appropria~ instruments will be prcrvid~ at the time of inftasmscmtre improvements
regarding any dedications and method for providing perpetual maintenance of
2-2
12B-3
2.4
2.5
2.6
common facilities.
Tract "B" may developed singularly as a commercial tract or in the alternative.
singularly as a residential development or in the alternative for the specific Public
Service Usc depicted by Exhibit "C" to this PUD document. Any combination of
these is prohibited.
DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
Thc density for thc proposed development shall not exceed 20,000 square feet develope0 on
1.84+/- acres within Tract A (10.870+/- SF per acre) or 78,000 square feet or 42 residential
units within Tract B (I 1.240+/- SF per acre or 6 units per acre).
RELATED PROJECT PLAN APPROVAL REOUIREMENTS
Ao
Prior to thc recording of a Record Plat, and/or Condominium Plat for all or part of
thc PUD. final plans of all required improvements shall receive approval of the
appropriate Collier County govemmenl~ agcncy to insure compliance with the PUD
Master Plan, ami as applicable, the Collier County Subdivision 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 submined for the entire area covered by the PUD Master Plan.
Any division of property and the development oftbe land shall be in compliance with
Division 3.2 of the Collier County Land Development Code, and the planning laws
of the State of Florida.
l'he provisions of Division 3.3 of the 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 the issuance of a building permit or other
development order.
l).
Appropriate instrumcnt, s will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
Design and consmiction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Land Development Code Division 3.2.
MODEL HOMES AND SALE FACILITIES WITHIN TRACT B
Model homes, model home centers including a sales center(s) shall be permitted in
conjunction with the promotion oft.he residential development of said tract as permitted by
the Collier County l.and Development Code.
2-3
12B
-3
2.7
LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Vetenms Park Center.
2.8 DEVELOPMENT SCHEDULE
The applicant has set a preliminary development schedule for the subject property for
completion of improvements within Tract A by January 1999 and within Tract B by January
2003. This projection ofthe project's development can be no more than an estimate based
on current market knowledge.
2.9 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code. Section 2.7.3.5.
2. I 0 /kSSOClATION 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 irmnmaents for the establishment of a
Property Owners Association or another appropriate entity whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open space
subject further to the provisions of the Collier County Land Development Code. Section
2.2.20.3.8.
2-4
1213-3
SECTION ili
COMMERCIAL - TRACT A
3.1
3.2
3.3
Thc purix)~ of this Section is to set forth the regulations for the area designated on Exhibit
"A", PUD Master Plan, as "Commercial-Traet A". A maximum of 20.000 square feet of
commercial shall be developed within Tract A:
No building or ~truetur¢, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Princi_rral Uses and Structures:
i. The commercial uses are as follows:
Medical Office
Medical Supporl and Medically Related Uses
Pharmacies
An)' other usc which is comparable in nature with the foregoing uses
and which the Development Services Director detcrmincs to be
compatible.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the uses permitted
in thc above districts.
2. F. ssential services and facilities.
Any othcr use which is comparable in nature with the foregoing uses and
which thc Development Services Director determines to be compatible.
Public facilities and institutional uses as may be approved through the
Conditional Use review and approval process.
DEVELOPMENT STANDARDS:
A. Site Area: 20.000 square feet
B. ~: 100 feet
3-1
12B
-'3
Do
ao
Go
1. Front Yard:
2. Side Yard:
3. Rear Yard:
25 feet plus one foot for each foot of building height over 35
feet.
15 feet.
25 feet.
Distance Between Princioal Structures:
None. or a minimum often (10) feet with unobstnscted passage from from to rear
yard.
Maximum Height of Structures: Forty-five (45) feet.
Minimum Floor Area of Prineinal Structure:
One thousand (1,000) square feet per building on the ground floor.
~-x:hitecmral Common Tlmme: Structures within this tract shall have a common
atchitectt~ theme, inclusive of common uae of materials and colors, as established
by the development of the in|tisJ structure within the tract.
3-2
i2B 3
SECTION IV
COMMERCIAL - TRACT B
4.1
4.2
The purpo~ of this Section is to ~et forth the regulations for the area designated on Exhibit
"A". PUD Master Plan, as "Commercial - Tract B". A maximum of 78.000 square fee'. of
commercial shall be developed within Tract B.
Note: Tract B may be developed as residential as an alternative to commercial, see Section
V of this PUD Document for applicable residential development standards.
Tract B may be developed as a public service facility as depicted by Exhibit "C" to
this PUD document as an alternative to commercial development.
Tract "B" may de~eioped singularly as a commercial tract or in the alternative, singularly as
a residential development or in the alternative for the .,~pecific Public Service Use depicted
bv Exhibit "C" to this PUD document. Any combination of these is prohibited.
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part. for other than the following:
A. Ecrmitted Principal Uses and Structures:
!. The commercial uses are as follows:
ao
Medical Office
Medical Support and Medically Related Uses
Pharmacies
ACLF (with a maximum of 26 units per acre)
Any other use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be
compatible.
Public facilities and institutional uses as are approved on the PUD
Master Plan Site Plan Exhibit "C" to this document.
Bo
Permitted Accessory_ Uses and Structures
1. Accessory uses and structures customarily associated with the uses permitted
in the above districts.
2. Essential services and facilities.
4-1
4.3
12B
3. Any other use which is comparable in nature with thc foregoing uses and
which the Development Services Director determines to be compatible.
C. ~
I. Public facilities and institutional uses not provided for by Exhibit "C" to this
document, as may be approved through the Conditional Use review and
approral process.
DEVELOPMENT STANDARDS:
20,000 squar~ feet
100 feet
ho
Do
Eo
1.
2.
3.
Front Y~l: 25 feet.
Side Yard: 15 feet.
Rear Yard: 25 feet.
Distance Between Principal Structures:
None, or a minimum of ten (10) feet with unobslxucted passage from front to rear
y~'d.
M~imum Hei~eht of Structu~s: Thirt~-five (35) feet.
~inirnum Floor Area of l~'i~"ix~ Structure:
One thousand (1,000) square feet pet building on the ground floor.
,4~chitectural Common Theme: Suuctm~ within this tract shall have a common
architectural theme, inclusive of common use of rear. als and colors, as established
by the development ofthe initial structure within the tract.
-3:
4-2
12B-
SECTION V
LOW ~IO MEDIUM DENSITY RF~IDENTIAL AREAS PLAN
TRACT B ALTERNATIVE
5.1
5.2
5.3
The purpose of this Section is to identify specific development standards for the area
designated on Exhibit "A" as Tract B, should it be developed for residential development.
MAXIMUM DWELLING UNITS
]'here shall be a maximum of 42 residential units developed within the Tract "B".
USES PERMI~D
Residential anms designated on the Master Plan are to ac.c. ommoda~ a full range of
residential dwelling units, recreational facilities, essential services, customaxy accessory uses,
and compatible land uses. Multi-family shall no~ be mixed with single family. Principal uses
shall not be developed ~ dissimilar permitted use types, specifically, no multi-family
type shall be located between single family detached family structures.
At the continuous lot line between single family detached and multiple family housing units
or a dissimilar housing type, a landscape buffer (separately or on the subdivision tract of the
higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally
meet the requirements of the LDC's Type "A" landscape buffer.
No building or structure, or parl thereof, shall be erected, altered or used. or land used. in
whole or in part, for other than the following:
A. Principal Uses:
( 1 ) Single family detached dwelling units
(2) Single family attached, cluster homes, zero lot line and patio homes.
(3) Duplex, Triplex, Fourplex
(4) Townhouses, Garden Apartments/Condominiums, Rental Apartments
(5) Common Recreational Facilities
(6)
Any form of attachment consistent with the general restrictions set forth
herein.
5-1
12B-3
5.4
(7) The clustering ot grouping of housing structure types identified in this
document may be i:)~miued on parcels of land under unified ownership, or
as may be o'.herwise provided in Section 2.6.27 of the Collier Count).' Land
Development Code and subject to the provisions of Division 3.3 of the
Collier County Land Development Code.
(8) Open space or presc-rvc area.
(9) Water management facilities and lakes.
(I 0) Any other usc w'hich is comparable in nature ,,ith thc foregoing uses and
which thc Development Services Director determines to be compatible.
B, Accessory Uses:
( I ) Customary acccssoO' uses and structures, including private garages.
(2) Recreational uses and facilities such as swimming pools, tennis courts.
children's playground areas, etc. Such uses shall be visually and functionally
compatible with the adjacent residences which have use of such facilities.
(3) Gatehouse/Guardhouse.
(4) Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
DEyELOpMENT STANDARDS (.See Table il. for greater specificity)
A. G~ERAk: All yards, set-backs, etc. shall be in relation to the individual parcel
boundaries, excetn a.,~ otl'm'wise provided. Generally whenever the word setback 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 and it shall
have the following application:
FRONT YARD: Front yard setbacks shall be measured as follows:
I ) if the parcel is served by a public or private right-of-way, setback is measured
from the adjacent fight, of-way line.
2) If the parcel is served by a non-platted private drive, setback is measured
from the back of curb or edge of pavement.
3) If the parcel is served by a platted private drive, setback is measured from the
road easement or property line.
5-2
128-3
4)
Principal buildings shall be setback a distance sufficient to provide for two
back to back parking spaces, one of which may be in an enclosed space.
5)
When principal buildings front upon a common parking area, which in turn
fronts upon a public or private right-of-way or non-platted drive a minimum
distance often (10) feet shall separate the principal building and any related
parking facility, and a green belt often (10) feet shall separate said right-of-
way, or other non-platted private drive from the common parking area. This
shall not prohibit the attachment of enclosed parking structures to the
principal residential structure, however in such uses a parking apron of at
least fifteen (! 5) feet shall separate the enclosed parking space from the edge
of curb on a private right-of-way withoul sidewalks or twenty. (20) feet v,~en
a setback includes a sidewalk.
5-3
12B }
TABLE I I:
SUMMARY OF DEV~LOPME1TT STANDARDS FOR ALL RESIDENTIAL STRUCTURES
S INGLE PAT IS
FAMILY (ZERO) 2 FAMILY/
~JLTIPLE FAMILY STRUCTURES
S INGLE TOWN~OUS E /
FAMILY VILLAS/APARTMENTS
MIN. LOT AR~A PER
PER Dq~LLING UNIT
SITE WIDTH
6,000 4,800 2,400 2,400 2,400 S.F.
50 40 24 20 20 FEET
MIN. AVERAG~
CORD LEN~T~
26 26 20 18 18 FEET
SITE DEPT~
MIN. AVERAGE
100 100 100 100 100 FEET
FRONT YARD S~,mACK
{~ PRINCIPAL
STRUCTURE
(:~ ACCESSORY
FOR MULTI-FA;4ILY
COVE~ED PARKING
18 18 18 18 18 FEET
10' 10' 10*FEET
SIDE YAJ~D SETBACK
REAP YARD SETBACK.
PRINCIPAL
STP. UCTUR£
S SeeOR 0ee 7.5** 7.5*e* 15***FEET
15 15 15** 15**' 15***FEET
IR~LX. BUII2DING HEIGHT
l~) AJ~ MFL
100 YEAR
35 35 35 35 35 FEET
ACCESSORY
STRUCTURE 35 35 35 35 35 FEET
FLOOR AREA
MINIMUM/D. U. 1,200 1,000 1,000 1,000 800 S.F.
IIOt · m:
{1) FOr Principal Structures, tan {10! fegt of ~tlands and/or ~tl~ ~ffer ~y ~ incl~ed within t~m
r~ir~ rear y~d ~ck; for ~ces~ St~ures, five (S} feet; for t~ side yard of a T~ae,
villa or ~ ~, t~ (10) f~t.
~ ~rt~ter trm~ ~ ~ ~ ~t:i~ ~te~l ~l~t tracts ~d a ~l~ ~ight of 12
5-4
p, ZSIDENTtAL DWELLING UNIT DEFINITION
l'mio ~Zcm Lot Line~: Meat~ one wall of thc residential swucture is concurrent with a side property
linc and thc sum of thc two required side yards is shifted to the non-zero lot interior side lot line.
Single F~mil_y A,~h'4fI'- ~w House: Is a multiple family slngture which includes a
~eri~s of three or more single family vertically ar, ached housing traits having no separate dwelling
unit above alMl,tm'. May be more than one story, but not more than three habitable floors.
2/.ilia: Is a multiple family structure which include~ a structure comaining three or more dwelling
uni~s both vertically and horizontally attach typically with dwelling units over dwelling units
having irregular sl-aqx~ exterior walls and generally not exceeding a height of two habitable floor3.
1~: Means a housing structu~ containing three or more dwelling units other than that
which fulfills the definition of single family attached, townlM:fl2~, row house, and villa. Generally
includes a structure of two or more stories with dwelling units above dwelling units each of which
may be acc. eased direcnly from the outside of from a common interior location.
~: Means a housing samcture containing two dwelling units either vertically or horizontally
attached.
Clustered FIousirm: Means the placement oftwo or more housing stn~na'es ortho type described
on a parcel of lafld/lot/trdct trader common ownership without prejudice to condominium ownerahip
of individual dwelling units.
5-5
12B }
SECTION VI
DEVELOPMENT COMMITMENTS
6.1
6.3
6.4
The purpo~ of this Section is to ~'~ forth the development commitments for thc development
of thc project
All facilities shall be c. onsu-ucted in acco~ with Final Site Development Plans, Final
Subdivision Plans and ali a~licable Slate and local laws, codes and regulations applicable
to this PUD.
Except where specifica!qy noted or stated otherwise, the standanls and specifications oftbe
Land Development Code of Division 3.2 shall apply to this projecx even if the land within
the PUD is not to be planed. 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 of the PUD as adopted, and any other conditions or modifications as may be
agreed to in thc rezoning of the property. In addition the developer will agree to convey to
any successor or assignee in title any commit~nents within this agreement.
pUD MASTER PLAN
go
Exhibit "A", PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed u-act or special land use boundaries shall not be
con.sm~ to be final sad may be v~ied at any subsequent approval phase such as at
final pla~ting or site development plan ~:~plication, subject to the provisions of the
Land Development Code and amendments as may be made from time to time.
Bo
All necessmy easengnts, dedicationg or other insmanents shall be granted to insure
the continued opemion and m~intenance of all service utilities and all common areas
in the project.
MONITORING REPORT AND SUNSET PROVISIONS
A. The Veterans Pazk C. em~ PUD ahall be subject to the Sunset Provisions of Section
2.7.3.4 of the Land Development Code.
6-1
6.5
6.6
Monitonng Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land E)~velopmen! Code.
TRANSPORTATION
The development of this PtJD Master Plan shall be subject to and governed by the following
conditions:
mo
Arterial level lighting shall be provided at all PUD access points to public right-of-
B. Access to lmmokalee Road shall be limited to a singular driveway.
Co
Trac~ A shall provide vehicular s'xl pedestrian intercormection to thc PUD located
eas~ of the subject property.
Should Tract "B" be developed as a Public Service Facility Use under the provision
of Exhibit "C" to this PUD Document, then the end user shall be rtsponsible for the
cost of design, purchase and installation of a traffic signal at the intersection of
Veterans Park Drive and lmmokalee Road. This improvement shall be made
concurrently with the development of the Public Facility and its funding shall be
provided to Collier County prior to Final Site Development Plan approval. Collier
County shall maintain and operate this improvement. The proposed traffic signal
shall benefit both public facilities. Veterans Community Park and the proposed
Public Service Facility.
In partial consideration for the above commitment, Collier County shall provide a
nonexclusive 50 foot ingress/egrtss, landscaping and maintenance easement along
the north property line of Veterans Community Park adjacent to and from their
common property line to Veterans Park Drive. This driveway shall serve as the
access to the proposed Public Service Facility. The end user shall be r~sponsible for
the development and maintemmce of all improvements within this easement and such
improvements shall be subject to the approval of the Collier County Parks and
Recreation Depatunent.
LANDSCAPE BUFFERS AND LANDSCAPING FOR OFF-STREET PARKING
Ao
In order to facilitate the retention of existing vegetation/u'ees, rows of parking may
contain mort than ten (10) parking spaces uninm'mpted by a landscaped island
provided that an average often (! 0) parking spaces are maintained within the overall
development.
6-2
Bo
Sidewalks, pedesuian walks and bike paths may occur within required buffers,
however the width of the required buffer shall be increased proportionately to ff~e
width of the paved mi, face of the sidewalk, pedestrian walk or bike path.
6.11
6.7
Monumental signs/community idenfificafon ~ignage for the residential component of this
PUD may be developed at ell l:n'oject entranc~ and within the commercial acreage in
addifon to th~ provisions of Division 2.5 ofth~ Land Development Code.
[~OLI.ING PLACES
Purnmnt to S~xi~ 2.6.30 of tbe [amd [X-v¢i~ Cod~ ~sion s~l ~ ~ f~ ~
~ ~ of ~lding ~ ~ ~ ~ Of ~~) f~ ~e ~ of
~iing ~ ~ of~ el~ ~lling p~.
~ a~t ~ in ~ o~cial r~ of ~ C]~ of ~e Ci~uit Co~ of Colli~
of ~h ~ ~ i~l~n~ ~ ~ I~ ~, ~~~ ~~ ~m~
~i~iom, ~ ~ ~iali~. ~s ~ s~l ~vide for ~d co~~
~o~public ~ildin~blic ~m ~ ~mil~ ~mmon f~ili~ to ~ u~ for a ~lling
pl~ ifd~in~ to ~ ~~ ~ ~ Su~r of Election.
6-3
II ;l
r, ?.
12B- ]5
PARK ENTRANCE
PUD EXHI~31T "C"
Aff~d~v?t of I~l?c~t~
Bc)~rO of CCXJKI~ C;oIIqlSSIOI~RS
ATT~: #aNCY SAL~G~B
PO D~X &1~6
nil E~qCE: CX~I ~5C) eCX~$1
5~g~lT& t4~TICE Of IffTF~T TO
State of
Co~ty of CoLL~e~
~rfo~e the ur~ersSgr~d ~hc)r~,, ~LLV
tn ~LL(~ ~ty, FL~t~: ~ t~ ltt~
~r ~ ~t~ L~st~. A~f ~t f~
~LLt~ ~, FL~, ~ ~ ~ HSd
~ .
~ttMtt~
K~L. ISHEO ON: 11/23
AD SPACe: 115.0G0 ]KH
~ZL~0 ON: ll/Z&/gT
Stgrmtu~t of AfftM~t
~ tO Ifld S~b~crtbed before lie tht~
'A'
12B-3
Park Ce,,ter PUD ,
8:30 AM ,ad 4::30 PM, aaa meet th,: Collier County
· 'I ' · ~ the hou~ of $ I'M and $ AM,
· 'I"nat sir~na and horn~ not be used on Imnaoka]~ Road until th~ ~ v~xicles have
p~ by th~ C.~~ ~ m th~ ~ ~t ~ m~ hom~ ~Y e~ of
12B3
ORDINANCE NO. 97- 80
AN ORDINA3~CE AMENDING 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
8526N; BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL
AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS VETEP.~3~S PARK CENTER PUD, FOR A MIXED USE
PROJECT THAT ESTABLISHES TWO TRACTS, TRACTS "A"
FOR MEDICAL AND RELATED USES (1.82 ACRES) ;%ND "B"
FOR MEDICAL AND RELATED USES OR PUBLIC FACILITIES
AND INSTITUTIONAL USES OR 42 MIXED RESIDENTIAL
DWELLING UNITS (6.94 ACRES) FOR PROPERTY FRONTING
ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846),
LYING APPROXIMATELY 300 FEET WEST OF VETERANS PARK
DRIVE IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.76
ACRES, MORE OR LESS; AND BY PROVIDING A~ EFFECTIVE
DATE.
WHEREAS, Michael R. Fernandez, AICP, of Planning Development
Incorporated, representing Anthony J. Hartig, 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 herein described real
property located in Section 26, Township 48 South, Range 25 East,
Collier County, Florida, is changed from "A" Rural Agricultural
to "PUD" Planned Unit Development in accordance with the Veterans
Park Center PUD Document, ~ttached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map
Number $526N, as described in Ordinance Number 91-102, the
Collier County Land Deve!opmen~ Code, is hereby amended
accordingly.
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.
ATTEST
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY ~'. HANCOCK, Chairman
Approved as to Form
and Legal Sufficiency
M. Student
Assistant County Attorney
PUP- 97-13 O~DZ NAWCZ /
VETERANS PARK
CENTER
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Pr~ar~d For:
Anthony J. Hartig
c/o the Law Office of John P. Wilkes, P.A.
150 North Federal Highway, Suite 200
Fort Lauderdale, Florida 33301
Prepared By:
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
97-80
DOCUMENT DATE
12B
TABLE OF CONTENTS
PAGE THRU PAGE
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
ii
III
SECTION
l
II
III
iV
VI
PROPERTY OWNERSHIP & DESCRIPTION !-I
PROJECT DEVELOPMENT 2-1
COMMERCIAL TR.ACT A 3-1
PUBLIC SERVICE TRACT B 4-1
GENERAL DEVELOPMENT COMMITMENTS 5-1
1-5
2-4
3-2
4-2
5-5
LIST OF EXHIBITS AND TABLES
EXHIBIT A
EXHIBIT B
EXHIBIT C
TABLE I
TABLE II
PUD Master Plan
Location Map
PUD Ma.saer Si~e Plan Exhibit
Land Use Tsble
Summary of Development Standards for All Residential Stmctur~
iii
STATEMENT OF COMPLIANCE
The development of approximately 8.76 acres of property in Collier Count).'. as a Planned Unit
Development to be known as Veterans Park Center will be in compliance with thc goals, objectives
and policies of Collier County as set forth in the Comprehensive Plan. The commercial and
residential facilities of Veterans Park Center will be consistent with applicable comprehensive
planning objectives of each of the elements of the Comprehensive Plan for the follo~s ing reasons:
The project development is compatible and complementaE,.' to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
Thc projecn development will result in an efficient and economical extension of communi~'
facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element.
3.
The project will be served by a complete range of services and utilities as approved by the
Count),'.
The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land usc buffers, and the proposed development standards
contained herein.
All final local development orders for this project are subject to the Collier CourtD' Adequate
Public Facilities Ordinance.
The development is eligible for the development provisions of Comprehensive Plan Future
Land Use Element. Future Land Use Designation Description Section. Urban Designation
for support medical uses within 1/4 mile of existing or approved hospitals or medical centers
.which offer primary and urgent care treatment.
iv
I.l
1.2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
The 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 Veterans Park Center.
LEGAL DESCRJPTION
The subject property being:
SIT~JATED ITC COLLIER COUNTY, FLORIDA. AND BEING THE WEST ONE-HALF OF THE EAST
ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NOR. TI. Dg/EST ONE-QUARTER (W ~ OF
E i/~ OF NW 1/4 OF NW I/2) OF SECTION 26. TOWNSHIP 48 SOUTH, RANGE 25 EAST, LESS THE
NORTH 100 FEET THEREOF AND LESS THE FOLLOWING DESCRIBED PROPERTY.
FROM THE NORTHWEST CORNER OF SA ID SECTION 26 BEAR NORTH 89 DEGREES 14' ! 2' EAST,
ALONG THE NORTH LINE OF SAID SECTION 26, A DISTANCE OF 696.09 FEET TO THE
INTERSECTION THEREOF WITH THE SOUTH RIGI-rl'-OF-WAY LINE OF THAT CERTAIN
DRAINAGE CANAL AS RECORDED IN OFTICIAL RECORDS BOOK 188, PAGE 88, COLLIER
COUNTY, FLORIDA. PUBLIC RECORDS, AND AS SHOWN ON "PALM RIVER ESTATES UNIT NO.
7". A SUBDIVISION IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST. ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 12. PAGE 29. COLLIER COUNTY, FLORIDA.
PUBLIC RECORDS;
THENCE, SOUTH IX} DEGREES, 45' 48' EAST, A DISTANCE OF 100.00 FEET TO TIlE
INTERSECTION THEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 846 AND
THE POINT OF REGINNfNG:
THENCE, CONTINUE SOUTH 00 DEGREES 45' 48'EAST, A DISTANCE OF 100.00 FEET;
THENCE, NORTH 19 DEGREES 14' 12" EAST, A DISTANCE OF 110,00 FEET:
THENCE, NORTH O0 DEGREES 45' 4r WEST, A DISTANCE OF 100.00 FEET TO THE
INTERSECTION THEREOF WITH THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 846.
THENCE, SOUTH 89 DEGREES 14' 12' WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE
OF 110.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.25 ACRES.
PARCEL 6A-T
DESCRIPTION: ROAD RIGITT-OF-WAY
A PARCEL OF LAND LOCATED IN THE NOR~ I/4 OF SECTION 26, TOWNSHIP 48 SOUTH.
RANGE 25 EAST, COLLIER COU'NT~, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
1-1
COMME~CE AT THE NORTH'~T. ST CORNER OF SECTION 26. TO~, .~SI-IlP 45 SOUTH. RANGE 2.~
EAST. COLLIER cobq~TY. FLORIDA. THE SAME BEING A POINT ON THE NORTHERLY RIGHT-
OF-WAY LINE OF IMMOKALEE ROAD IS.R. g46). A 100.00 FOOT RIGHT-OF-V~'AY: THENCE RUN
N. Sq DEGREES 55' 32" E. ALONG THE NORTH LINE OF THE NORTH~I[ST I;4 OF SAID SECTION
26 AND ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 696.0q FEET: THENCE RL.~ S.
OO DEGREES 04' 28' E. FOR A DISTANCE OF 100.00 FEET TO A POINT ON THE SOL'THERI. Y
RIGHT-OF-WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGInniNG OF THE PARCEL
OF LAND HEREIN DESCRIBED; THENCE CONTINUE S. 00 DEGKEES 04' 28' E. FOR A DISTANCE
OF 5000 FEET; THENCE RUN S. 89 DEGREES 55' 32' W. FOR A DISTANCE OF 32.47 FEET TO THE
WEST LINE OF TIlE WEST '/7 OF THE EAST ~ OF THE NORTH~ST ! '4 OF THE NORTHWEST I 4
OF SAID SECTION 26. THENCE RUN N. O0 DEGREES 29' 50' W. ALONG THE WEST LINE OF THE
WEST % OF T~tE EAST ',i OF THE NORTHWEST I/4 OF THE NORTHWEST I;4 OF SAID SECTION
26 FOR A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF IM.MOI~-tLEE
ROAD: THENCE Rb,'N N. ii9 DEGREES 55' 32' E. ALONG SAID RJGHT-OF-WAY LINE FOR A
DISTANCE OF 32.~4 FEET TO THE POINT OF BEGINNING. CONTAINING 0.037 ACRE. ,',lORE OR
t. ESS
SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO AN ASSUMED BEARING OF N. 89 DEGREES :55' 3? E. ALONG THE NORTH
LINE OF THE NORTHWEST I,'4 OF S E~'TION 26. TOWNSHIP 48 SOUTH. RANGE 25 EAST. COLLIER
COUNTY. FLORIDA.
PARCEL 6B-T
DESCRIPTION: ROAD RIGltT-OF.WAY
A PARCEL OF LAND LOCATED IN THE NORTHWEST I/4 OF SECTION 26. TOg, .'NSHIP 48 SOUTH.
RANGE 25 EAST. COLLIER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 26. TOWNSHIP 48 SOUTH. i~NGE 25
EAST. COLLIER COUNt. FLORIDA. THE SAME BEING A POINT ON THE NORTHERLY RIGHT.
OF-WAY LINE OF IMMOKALEE ROAD (S.R. &46L A I00.00 FOOT RIGHT-OF. WAY; THENCE
N. 89 DEGREES 5~' 32" E. ALONG THE NORTH LINE OF THE NORTH~ST I/4 OF SAID SECTION
26 AND ALONG SAID RIGHT-OF.WAY LINE FOR A DISTANCE OF 696.09 FEET: THENCE RL,~
O0 DEGREES 04' 28" E. FOR A DISTANCE OF I00.00 FEET TO A POINT ON THE SOUTHERI. Y
RIGHT-OF.WAY LINE OF IMMOKALEE ROAD; THENCE RUN N. 89 DEGREES :55' 3? E. ALONG
SAID RIGHT-OF.WAY LINE FOR A DIS"I'ANC~ OF 110.00 FEET TO THE POINT OF BEGI~,~ING OF
THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUE ALONG SAID SOUTHERLY
RIGHT-OF.WAY LINE FOR A DISTANCE OF I ~.46 FEET TO THE EAST LINE OF THE WEST ': OF
THE EAST '/~ OF THE NORTHWEST I/4 OF THE NORTHWEST I/4 OF SAID SECTION 26: THENCE
RUN S. OO DEGREES 3 I' 14' E. ALONG THE EAST LINE OF THE WEST '4 OF THE EAST ;'~ OF THE
NORTHWEST I/4 OF THE NORTHWEST 1/4 OF SAID SECTION 26 FOR A DISTANCE OF $0.00
FEET: TtlENCE RUN S. 89 DEGREES SS' ~2" W. FOR A DISTANCE OF 188.8:5 FEET: THENCE Rb.~
g. 00 DEGREES 04' 28' W. FOR A DISTANCE OF 5000 FEET TO THE POINT OF BEGIN.~ING.
CONTAIX,'ING 0217 ACRE. MORE OR LESS,
SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO AN ASSUMED BEARING OF N. 89 DEGREES SY 32" E. ALONG THE NORTH
i-2
LINE OF THE NORTHWEST I,'4 OF SECTION 26. TOWNSHIP4$ SOUTH. RANGE 25 EAST. COLLIER
COUNTY. FLORIDA.
And. aiternatl,.ely described by tide following Tract/Parcel Descriptions:
A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF
OF l'llE NORTItWF, ST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION .,.6.
T¢)~,'NSHIP .15 SOUTH. RANGE 25 EAST. COLLIER COb,'NT¥. FLORIDA. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 26. TO~.~SHIP ag SOUTH.
RANGE 25 EAST. THENCE NORTH gQ DEGREES 14' 12' EAST. ALONG DIE NORTH LINE OF SAID
SECTION 26. A DISTANCE OF 696.00 FEET: THENCE SOUTH OO DEGREES 45' 48' EAST. A
DISTANCE OF' 150.OO FEET TO A POINT ON THE NORTH LINE OF PARCEL DESCRIBED IN
OFFICIAL RECORD BOOK 1458. PAGE I ]0fi. PUBLIC RECORDS OF COLLIER COD,'NTY. FLORIDA:
I'HENCE CONTINUE AI.ONG THE NORTH LINE OF SAID DESCRIBED PARCEL. SOUTH OO
DEGREES 45' 48' EAST. A DISTANCE OF 50.00 FEET: THENCE NORTH 80 DEGREES 14' 12' EAST.
A DISTANCE OF 20.62 FEET TG THE POINT OF BEGIN,~ING OF THE PARCEL HEREIN
DESCRIBED; THENCE LEAVING THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFlCIAL
RECORD BOOK 1458. PAGE 1300. SOUTH 15 DEGREES 17' 59' EAST. A DISTANCE OF 26.55 FEET:
TIlENCE SOUTH Ol DEGREE Iff 24" EAST. A DISTANCE OF 68 55 FEET; THENCE SOUTH 18
DEGREES 12' 47~ EAST. A DISTANCE OF 5069 FEET; THENCE SOUTH 34 DEGREES 27' 53' EAST.
A DISTANCE OF 63.15 FEET: THENCE SOUTH 62 DEGREES 43' 21' EAST. A DISTANCE OF 78.05
FEET. THENCE SOUTH 22 DEGREES 33' I I' EAST. A DISTANCE OF 78.94 FEET: THENCE SOUTH
50 DEGREES 09' 23' EAST. A DISTANCE OF 35.36 FEET; THENCE SOUTH 64 DEGREES 45' 48'
EAST. A DISTANCE OF 99.66 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST
ONE-HALF OF THE NORTHWF_ST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 26: THENCE ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-
HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 26, NORTH 01 DEGREE I I' 49' ~..ST, A DISTANCE OF a21.72 FEET. THENCE SOUTH 80
DEGREES 14' 12' WEST. A DISTANCE OF I ~$.$5 FEET TO A POINT ON THE NORTH LINE OF A
PARCF.'L DESCRIBED IN OFFICIAL RECORD BOOK 1455. PAGE 1300. PUBLIC RECORDS OF
COI.LIER COUNTY. FLORIDA: THENCE CONTINUE ALONG THE NORTH LINE OF SAID
DESCRIBED PARCEL. SOUTH 00 DEGREES 45'48" EAST. A DISTANCE OF 50.00 FEET. THENCE
SOU13! 89 DEGREES 14' 12' WEST. A DISTANCE OF 80.3~ FEET TO THE POINT OF BEGIN.~ING.
SUB,[ECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26. TOWNSHIP a8 SOUTH. RANGE
25 EAST. COLLIER COUNTY. FLORIDA AS BEING: NORTH 89 DEGREES 14' 12~ EAST.
A PARCEL OF LAND SITUATED AND BEING IN THE WEST ONE-HALF OF THE EAST ONE-HALF
OF TIlE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 26.
TOWNSHIP a8 SOUTH. RANGE 25 EAST. COLLIER COLrNTY. FLORIDA. AND BEING MORE
PARTICULARLY DESCR[BED AS FOLLOWS:
COMMENCING AT HIE NORTHWEST CORNER OF SAID SECTION 26. TOWNSHIP 48 SOUTH.
RANGE 25 EAST. THENCE NORTH 8~ DEGREES 14' 12' EAST. ALONG THE NORTH LINE OF SAID
SECTION 26. A DISTANCE OF 696.09 FEET; THENCE SOUTH O0 DEGREES 45' 48" EAST. A
DISTANCE OF 150.00 FEET TO A POINT ON THE NORTH LINE OF A PARCEL DESCRIBED IN
!-3
OFFICIAL RECORD BOOK 1458. PAGE 1.100. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA.
AND Tile POINT OF BEGI?4NrNG OF THE PARCEL HEREIN DESCRIBED: THENCE CC)NTINL'E
ALONG THE %'ORTll LINE OF SAID DESCRIBED PARCEL. SOUTH OO DEGREES -~.~' .18' EAST. A
DISTANCE OF 5000 FEET; THENCE NORTH Iq DEGREES 14' t:' EAST. A DISTANCE OF Z962
FEET; THENCE LEAVTNG THE NORTH LINE OF SAID PARCEL DESCRIBED IN OFFICIAL RECORD
BCX'JK 1458. PAGE i.t00. SOLJ'Ttl !5 DEGREES I? 59" EAST. A DIS rANCE OF 26 5:5 FEET: THENCE
.~)lJTl! {31 DEGREES iff 24' EAST. A DISTANCE OF 68.55 FEET: THtrTqCE SOL'TH 18 DEGREES
47" EAST. A DISTANCE OF 50.6q FEET; THENCE SOUTH 34 DEGREES "7 53" EAST. A DIS F-~NCE
OF6] 15 FEET: TIIENCE SOiFI'ti 62 DEGREES 43' 21' EAST. A DISTANCE OF ?g.O5 FEET: THENCE
SOt. TH 22 DEGREES 3]' I I' EAST. A DISTANCE OF '78.94 FEET; THENCE SOL:TH 50 DEGREES 0q'
2~" EAST. A DISTANCE OF .t5.36 FEET; THENCE SOLFTH 64 DEGREES .,if' 48" EAST. A DISTANCE
OF 9966 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE
NORTHWEST ONE-OUARTER OF Tile NORTHWEST ONE-OIJARTER OF SAID SECTION
THENCE ALONG THE EAST LINE OF THE W£ST ONE-HALF OF THE EAST ONE.HALF OF THE
NORTHWEST ONE-QUARTER OF Tile NORTHWEST ONE-QUARTER OF SAID SECTIOX 26.
SOUTII 01 OEGREES ! I' 49" EAST. A DISTANCE OF 745.95 FEET TO THE SOUTH LINE OF THE
WEST ONE.ttALr OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE
NOR~T ONE~UARTER OF SAID SECTION 26; THENCE ALONG THE SOUTH LINE OF THE
WEST ONE-HALF OF THE EAST ON~-HALF OF THE NORTHWEST ONE-OUARTER OF THE
NOP. THWEST O~E-OUARTER OF SAID SECTION 26. SOUTH 89 DEGREES 23' 52" WEST. A
DIS lANCE OF 3] 1.82 FEET TO THE WEST LINE OF THE WEST ONE-HALF OF THE EAST ONE-
HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAiD
SECTION 26. THENCE ALONG THE WEST LINE OF THE WEST ONE-HALF OF rile EAST ONE.
HALF OF Tile NORTHWEST ONE-QUARTER OF THE NORTHWEST O.%E-QUARTER OF SAID
SECT1ON 26. NORTH OI DEGREES I0' 24' WEST. A DISTANCE OF 1166.76 FEET; THENCE NORTH
8q DEGREES 14' 12' EAST. A DISTANCE OF 32.47 FEET TO THE POINT OF BEGI~.~ING.
SUBJECT TO EASEMENTS. RESTRICTIONS AND RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 26. TO'~,.'NSHIP Jg SOUTH. RANGE
25 EAST. COLLIER COUNTY. FLORIDA AS BEING: NORTH 8g DEGREES 14' 12" EAST
1.3
1.4
PROPERTY OWNERSHIP
The subject property is ctu'rently under the ownership and unified control of the Anthony J.
Harrg, hereinafter called "applicant or developer".
GENERAL DESCRIPTION OF PROPERTY AREA
The pro, jecl site is located within S~cfion 26. Township 48S. Range 25 E. The parcel
of approximately 8.76*/. acres is located on and south of Count],.' Road 846
(Immokalee Road) and approximately 250 feet west of the intersection with Veterans
Park Drive. The location can be further described as located approximately !-1 '4
miles east of US 41 North, 'A mile east of Goodlette-Frank Road and 3~4 mile v,'est
o£ Airport-Pulling Road.
The zoning classification of the subject property, prior to the da~e of this approved
PUD Document was A/Agriculture.
I.-4
The site's singular prominent natural feature is in the form of Horse Creek. The south top
of bank of this creek defines the boundary between the northeast tract and the south~,'es~.
The site is generally vegetated. Tract B likely includes wetlands along the creclc, which may
have been. in part. created or maintained as a result of the Big Cypress Basin Structure
located Ix~ween the subject parcel and lrnmokalee Road. As the site has an area greater than
five acres, the development of the parcel will require the retention of a minimum of 15
percent of the subject property's viable habitat or its mitigation. The subject property
supports a v:u'iety of habitat including scrub oak and pine and the creek supports a varieD'
of trees and underslory vegetation including palmetto, oaks and pine.
The site has the £ollowing designation relative to flood -FEMA FIFLXt Flood Zone AE
{Speci:~l Hood hazard areas inumiated by I00 year flood, base elevation of 11 NGVD).
Community-Panel Number 120067 0193 D. Panel 193 of 1125 for Collier CounD': Map's
effective date: June 3. 1986.
PROJECT DESCRIPTION
Veterans Park Center is a planned development of'commercial acreage with a potential for
a mixture of uses limited to medical support, medically related and other uses which are
consistent with the provisions of the Collier County Comprehensive Plan. The subject
prolx'rty is comprised of two tracts which are defined by the south and ,,'.'est top of bank of
Horse Creek which traverses the subject property.
The northeast tracL Tract A. of the subject property has an area of 1.82 acres. Total
development on this parcel shall not exceed 20,000 square feet.
The southwest tracL Tract B. has an area of 6.94 acres. Development of this Tract shall be
a public service facility as delineated and described by Exhibit "C" - Conceptual Site Plan.
to this document.
This Ordinance shall be known and cited as the "Veterans Park Center Planned Unit
Development Ordinance."
1-5
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the project's plan of
developm~t, relationships to applicable County, ordinances, the resp<'cti,, e land u~s of the
tracts included in the project, as well as other project relationships.
Regulations for development of Veterans Park Center shall be m acc~dance v."~,,.h ~
contents of this document. PUD-Planned Umt D~.'elopment D'.s.L"~c: :'",d ,.,d'~er
applicable ~ctions and pans of the Collier Count:.,' Land Doel~t Code ~
Comprehensive Plan in effect at the time of issuance of ~ des-~t order m
which said regulations relate which authofiz~ the consw~tiott of mq:ro',e'mexas s~:h
as Final Subdivision Plat. Final Site Development Plan. E.xca~,-ati<m Permit and
Preliminary Work Authorization. Where the regulations of this PUD Documem fail
to provide developmental standards then the provisions of the most sirml~ dismet
in the County Land Development Code shall apply.
Unless othe~'ise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the time
of building permit application.
C0
All conditions imposed and all graphic material presented depicting restrictions for
the development of Veterans Park Center 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 document or associated exhibits.
the provisions of other sections of the Collier Count)' Land Development Code.
where applicable, remain in full force and effect with respect to the development of
the land which comprises this PUD.
Eo
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public Facilities
of the Land Development Code at the earliest or next to occur of either final SDP
approval, final plat approval, or building permit issuance applicable to this
development.
DESCRIPTION OF PROJECT PLAN AND PROPOSI~D LAND USES
The project Master Plan. including and use of land for the acreage noted, is illustrated
graphically by Exhibit "A". PUD Master Plan. There shall be two general land use
tracts/~ereage, which is graphically depicted by Exhibit "A".
2-1
Bo
Co
2.4
VETERANS PARK CENTER
ESTIMATED LAND USE SUMMARY
NORTHEAST TRACT
SOUTHWEST TRACT
20,000 SF
THE PUBLIC SERVICE
FACILITY AS SHOWN
ON EXHIBIT "C'
1.82+/-
6.94+/-
TOTAL
8.76+/-
Includes open space or recreational areas that may be located within
residential acreage.
Table I is a schedule of the intended land uses, with approximate acreage of the total
project indicated. The arrangement of these land areas are shown on the Master Plan
(Exhibit "A") and Master Site Plan (Exhibit "C"). The Master Development Plan is
an illustrative preliminary development plan. Design criteria and layout that is
illustrated on these Exlfibits and other exhibits supporting this project shall be
understood to be flexible so that final design may satisfy development objectives and
be consistent with the Project Development, as set forth in this document.
Modification to all boundaries may be permitted at the time of Preliminary
Subdivision Plat or Site Devel~t Plan approval, subject to the provisions of the
Collier County Land Development Code or as otherwise permitted by this PUD
document.
In addition to the various areas and specific items shown in Exhibit "A", such
easements as nee. osmy (utility, private, semi-public, em.) shall be established within
or along the various tracts or acrtage as may be necessary.
Appropriate instruments will be provided at the fmc of infrastructure improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
~ON OF PROJECT DENSITY OR INTENSITY OF LAND USE
The intensity for the proposed development shall not exceed 20,000 square feet developed
on 1.84-/- acres within Tract A (10,870+/- SF per acre) and the public service facility on
Tract B.
2-2
2.5
2.6
2.7
2.g
.RELATED PROJECT PLAN APPROVAL REQUIREMENTS
mo
Prior to the recording ora Record Plat, and/or Condominium Plat for all or part of
the PUD. final plans for all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the PUD
Master Plan. and as applicable, the Section 3.2 of the Collier 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 subminned for the entire area covered by the PUD Mas~er Plan.
Any division of property and the development of the land shall be in compliance with
Division 3.2 of the Collier County Land Development Code, and the planning laws
of the State of Florida.
The provisions of Division 3.3 of the 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 the issuance of a building permit or other
development order.
Do
Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
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.
LANDSCAPE BUFFERS. BERMS. FF_.NCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as principal uses
throughout Veterans Park Center PUD.
DEVELOPMENT SCHEDULE
The applicant has set a preliminary development schedule for the subject property, for
completion of improvements by January. 1999. This projection of the project's development
can be no more than an estimate based on current market knowledge.
AMENDMENTS TO PUD DOCUM[-NT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier Count).' Land Development
Code. Section 2.7.3.5.
2-3
2,9
12B3
z~,SSOCIATION OF PROPERTY O'~TERS FOR COMMON AREA MAINTENANCE
Whenever the developex elects to create land area and/or recreation amenities whose
ownership and maimcnarge resporm'bility is common to all of the subsequent purchTasers of
property within said development in which the common interest is located, that entity, shall
provide appropriate legal instruments for the establishment of a Property Ov, x~ers'
Association or another appropriate entity whose function shall include provisions for the
perpetual care and maintenance of ali common facilities and open space subject further to
the provisions of the Collier County Land Development Code. Subsection 2.2.20.3.$.
2-4
3.1
:3.2
:3.3
SECTION ili
COMMERCIAL - TRACT A
~ ptrpose of this Section is to s~t forth the regulations for the area designated on Exhibit
"A', PUD Master Plan, as 'Commercial-Tract A'. A maximum of 20,000 square fe~t of
commercial shall be developed within Tract A.
No building or structure, or part thereof, shall be erected, altered or used. or land or rater
used. in v'hole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
I. The commercial uses are as follows:
a. Medical Office
b. Medical Support and Medically Related Uses
c. Pharmacies
d. Any other use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be
compatible.
B. Permitted Accessory_ U~ and Structures
!. Accessory uses and gngtm'es customarily associated with the uses permitr~
in the above districts.
2. Essential services and facilities.
3. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
C. ~
I. Public facilities and instit~ional uses as may be approved through the
Conditional Use review and approval process.
DEVELOPMENT STANDARDS:
A. Site Ar~: 20,000 square feet
B. ~: 100 feet
3-1
12B3
Do
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1, Front Yard:
40 feet plu~
one foot for each foot of building height over 40 feet.
2. Side Yard: I$ feet.
3. Rear Yard: 25 feet.
Distance Between Princi.oal Structures:
None. or a minimum of ten (i 0) feet with unobstructed passage from front to rear
yard.
b4aximum l-lei?bt of Stnmtur~: Forty-five (45) feet.
Minimum Floor Area of Principal Structures:
One thouzand (1,000) ~quare feet per building on the ground floor.
Architecttwal Common Theme: Stmctwes within this Tract shall have a common
architectwal theme, inclusive of common use of materials and colors, as es,.ablished
by the development of the initial structure within the Tract.
3-2
4.1
SECTION IV
PUBLIC SERVICE - TRACT B
The purpose of this Section is to set forth the regulations for the area designated on Exhibit
"A", PUD Master Plan, as "Public Service - Tract B" and as depicted by Exhibit "C" to this
PUD document.
No building or structure, or part thereof, shall be erected, altered or used. or land or v. ater
used, in whole or in part. for other than the following:
Permitted Principal Uses and Structures:
go
Public facilities and institutional uses as are approved on the PUD Master
Plan Site Plan Exhibit "LTM to this document.
Permitted Accessory Uses and Structure~
Accessory uses and structures customarily associated with the uses permitted
in the above districts.
Essential services and facilities.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
o
Public facilities and institutional uses not provided for by Exhibit "C" to this
document, as may be approved through the Conditional Use review and
approval process.
DEVELOPMENT STANDARDS:
A. 5il.¢,_AI~: 20,000 square feet
B. ~: 100 feet
C. Setbacks:
I. Front Yard: 50 feet.
4-1
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2. Side Yard: 50 feet.
3. Rear Yard: 50 feet.
Distance Between Principal Structures:
None, or a minimum often (10) feet with unobstructed passage from front to rear
yard.
ldaximum Hei?_ht of Smsctures: Thirty-five (35) feet for primary structures, fifty
(50) feet for accessory structures with a seventy-five (75) foot minimum setback.
Minimum Floor Area of Principal Structures:
One thousand (I.000) square feet per building on the ground floor.
~a, rchitectural Common Theme: Structures within this Tract shall have a common
architectural theme, inclusive of common use of materials and colors, as established
by the development of the initial structure within the Tract.
4-2
SECTION V
DEVELOPMENT COMMITMENTS
5.1
5.2
5.3
5.4
The pta'Ixne of this Section is to set forth the devciopment commitments for thc development
of the project.
All facilitiea shall be constructed in 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 specific~ly noted or stated otherwise, the standards and specifications of the
Land Development Code of Division 3.2 fi'roll 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, is subject to the Master Plan and the regulations
of the PUD as adopted, and any other conditions or modifications as may be agreed to in the
rezoning of the property. In addition, any successor or assignee in title is subject to any
commitments within this agreement.
PUD MASTER PLAN
Ao
Exhibit "A", PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Propo~xl tract or lq~ecial land use boundaries shall not be
constn~ to be final and may be varied at any ~ubzequent approval phase a-uch as at
final platting or site development plan application, subject to the provisions of the
Land Development Code and amendments as may be made from time to time.
Bo
Ail necessary easements, _,3ed~_ication$, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities and all common areas
in the project.
MONITORING REPORT AND SUNSET PROVISIONS
Ao
The Veterans Park Center PUD shall be subject to the Sunset Provisions of Section
2.7.3.4 of the Land Deveioi:ment Code.
Monitoring Report: An a:mual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County Land Development Code.
5-1
12B}
5.5
TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
A. Immokalee Road access is limited to right-in / right-out only and its design shall
include an appropriate deceleration lane.
B. Arterial level lighting shall be provided at ali PUD access points from or to public
right-of-way when requigd by Collier County Transportation Division start'.
C Access to lmmokalee Road shall be limited to a singular driveway.
D. Tract A shall provide vehicular and pedestrian intercormection to the PUD located
east of the subject properS.
E. Tract 'B' be developed as a Public Service Facility Use under the provisions of
Exhibit 'C" to this PUD Document. The end user shall be responsible for the cost
of design, purchase and installaIion ora traffic signal at the intersection of Veterans
Park Drive and lmmokalee Road. This improvement shall be made concurrently with
the development of the public facility and its funding shall be provided to Collier
County prior to Final Site Development Plan approv,,I. Collier County shall maintain
and operate this traffic signal. The proposed traffic signal shall benefit Vcterans
Community Park and the proposed public service facility.
in partial consideration for the above commiunent, Collier County shall provide a
nonexclusive 50 foot ingrtss/eggss, landscaping and maintenance easement along
the north property line of Veterans Community Park adjacent to and from their
common property line to Velerans Park Drive. This driveway shall serve as the
access to the proposed public service facility. The improvements shall include a
traffic control system at the intersection of the access easement and Veterans Park
Drive.
The end user shall be gsponsible for the development and maintenance of all
improvements within this easement and such improvements shall be subject to the
approval of the Collier County Parks and Recreation Deparunent.
Additionally, the North Naples Fig Control and Rescue District shall develop,
concurrent with the development of the proposed facility, an appropriate
sidewalk/bike lane parallel and east of Veteran's Park Drive. The sidewalk/bike lane
will commence at Immokalee Road and terminate at the Park's gated entrance.
5-2
12B3
5.6
5.7
5.8
5.9
LANDSCAPE BUFFERS AND LANDSCAPING FOR OFF-STREET PARKING
Ao
Bo
In order to facilitate the retention of existing vegetation/trees, rows of parking may
contain more than ten (10) parking spaces uninterrupted by a landscaped island
provided that an average often (I0) parking spaces are maintained x~ithin the ox'erall
development.
Sidewalks. pedestrian walks and bike paths may be placed ~ithin required buffers.
however the width of the required buffer shall be increased proportionately to the
width of the paved surface of the sidewalk, pedestrian walk or bike path.
The developer of Tract B shall seek to retain trees which are not in conflict with the
proposed use of lands and their associated regulatory requirements.
Monumental si,o~ns/communit)' identification signage for the residential component of this
PUD may be developed at all project entrances and within the commercial acreage in
addition to the signs permitted by Division 2.5 of the Land Development Code.
WATER MANAGEMENT
The developer will remove all exotics, debris, trash, and other sig/fificant impediments to the
flow of waters for the total width and length of Horse Creek within the project boundary.
I~NVIRONMENTAL
Ao
This PUD shall comply with the environmental sections of the Collier Count)' Land
Development Code and Comprehensive Plan Conservation and Coastal Management
Element at thc time of final development order approval.
An exotic vegetation removal and maintenance plan shall be submitted at the time
of Site Development Plan review pursuant to the provisions of the Collier CounD'
Land Development Code.
Petitioner shall retain fifteen percent of the existing native vegetation on site (by
area) or mitigate according to section 3.9.5.5.4 of Collier County Land Development
Code.
D. A Gopher Tortoise relocation / management plan shall be submitted to Current
5-3
Eo
Planning Environmental Staff for review and approval. Prior to final approval o£the
Final Site Development Plan or other final development order, as may be appropriate.
the petitioner shall submit a copy of the Florida Game and Fresh Water Fish
Commission Gopher Tortoise Permit.
The project's environmental permitting shall be in accordance with the State of
Florida Environmental Resource Permit Rules and applications shall be subject to
review and approval by Collier County Current Planning Environmental Staff.
Buffers shall be provided around wetlands, extending a least fifteen (15) feet
land~rd from the edge of wetland preserves in all places and averaging twenty-five
(25) feet from the landward edge of the wetlands to remain on site. Where natural
buffers are not possible, structural buffers shall be provided in accordance with the
State of Florida Environmental Resources Permit Rules and be subject to review and
approval by Collier County Current Planning Environmental Staff.
Go
Petitioner is encouraged to accommodate the maximum amount of xeric oak habitat
which is compatible with the proposed development. Specifically. consideration
should be made to adjust the location of the lake and infrastructure shown on the
Master Site Plan Exhibit attached to the PUD Document. The adjustment can
minimize the impacts to the active Gopher Tortoise burro~,,s which appear to share
habitat with the property located east of the subject parcel.
5.10 pOLLING PLACES
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 (if providedl for the purposes of
accommodating the function of an electoral polling place.
An agreement providing for such a use as a polling place shall be 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 acquire ownership of such common 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 neces.sars' by the
Supervisor of Elections.
5.1 ! USE OF FACILITIES WITHIN TRACT B AND ASSOCIATED NOISE CONTROl.
The training facili~' shall not utilize fire or smoke exterior to an>' structure. Training
outside the structures, on the grounds of the facility, shall be limited to the hours
between 8:30 AM and 4 30 PM and shall be conducted in compliance x~ith the
Collier Count' noise ordinance requirements. Ordinance 90-17 as may be amended.
5-4
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12B}
The fire station shall have no outdoor sirens.
The Fire Districl shall ins,all automated traffic signals at the intersections of the fire
station drivev,'ay and Velerans Park Drive and at Veterans Park Drive and immokalee
Road. subject to Collier County. Transportation Division review and approval. The
signals will allow remote activation by emergency vehicles, allowing movements to
be made in a safe and quiet manner. Sirens and horns shall not be utilized vnless
de~ermined by the vehicle operator as necessary'.
Sirens and horns shall not be utilized on lmmokalee Road until the emergency
vehicles have passed by the assisted living and nursing home facilities located
immediately west of the subjecl parcel and east of Veterans Park Drive. except as
determined necessary by the emergency vehicle operator.
Any future EMS or other vehicles which may utilize the public facility, shall abide by.
the standards listed within this subsection.
5-5
PUD EXHIBIT "A "
PARK ENTRANCE~'~''j
,,,4
' PUD EXHIBIT 'C"
1 2B,5*q
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. 97-80
Which was adopted by the Board of County Commissioners on the 9th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of December,
1997.
COLLIER COUNTY lrl~A
REQUEST FOR LEGAL ADVERTISING O!r IrlJBLIC HEARINGS
To:. ~ to th~ Board: i~s~ plIce tbe foik~inl~ ~s a:
x Normal legal ^dvcrtiscmen! [] Other:
0~is~37 Adv., loc3~on, crc. )
Or~pna~ng Dc~ l~v: Housi~l~ and Urban lmproYement Person: Lawrence PrreT~ HUi Manager Dam No~mber 4, 194)7
Pc~km No. (If nora, ~ br~f descnp~on): Ordluxnce ~nendtal ~5-2l
Petitioae~. (Marne & Address): La~re~ce PL,~z. HU! ~ 2S00 North/Ior~e~hoe Dri~, Naples, YL 34104
Name & ,4~Sdreas of an)' person(s) m be notified ~' Clerk's Office: (If more s~ee is neede~ attach separate shec0 None
Himring before X BCC BZA Other
Requested Hearing date: (Based on advcrtiscmcm aMaeanng 10 da)~ before hearing. December 9, 1997.
NC~Sp~)~S) tO IX: used: (Conq)~'lc on~ if import3m):
x Nap~ Vai~y Nc~s [] other [] Lo. lb. p~m~
~ Text: (Include legal descriPUon & common location & Size: ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 95-21, ESTABLISHING THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
Companion petition(s). I£ any & proposed heanng dale: None
Doe~ Petition Fee include advctlising cost? [-'l Yes X No If Yea. what account should be charged for advertising costs:
Reviewed by: ~ / // / ,,~ Apprm~:d by:
Division Head Datc County Manager
Dale
List Attachments: Ordinance No. 97-m
D! TRIB N N~TRU ION
A. For bearinga before Bec or BI.A: Initiating per,on to complete one cop)' and obtain Division Head appr~'al before
mbmittfng to County Manager. Note: If legal document f! involved, be inr~ that any necessary legal review, or requeat
for lame, i1 lubmitted to County Attorney befor~ ~bmitting to County Manager. The Manager's office will distribute
col)ica:
[] County Manager agenda file: to [] Requesting Division [] Original
C%rk's Office
B. Other hearings: Initiating Division hcad to approve and ~ubm~t original to Clerk's Office. retaining a copy for file.
Date Received://Z/~ Date of Public hearing: Dam Advertised: ·
12C' 1.
~ ~2'~2
~'~:2' 15
TOTRt. I~:~GS 10
November 6, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Intent to consider Ordinance amending Ord. 95-22
Dear Judi:
Please advertise the above referenced notice one time on Friday,
November 28, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Eno1.
Acct. No.:
001-138710-649100 (Housing & Urban)
12C I
6, 1997
Mr~ Lawrence Perez
HUIDepar~ment
Co~munityDeveloument
2800 North Horsehoe Drive
Na91es, FL 34104
Res Notice of Intent to consider an Ordin~ce amending Ord. 95-22
Dear Petitioner:
Please be advised that the above referenced petition will be considered
b~theBoard of County Co~m~issioners on Tuesday, December 9, 1997 as
'~ndicated on the enclosed notice. The legal notice pertaining to this
~etition will be published in the Naples Daily News on Friday, November
28!, 1997.
yo~ are invited to attend this public hearing.
Sincerely,
~u~ Barbiretti, ~puty Clerk
En¢l.
120
1
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, DECEMBER 9, 1997, in
the Boardroom, 3rd Floor, Administ~, 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 COLLIER COUNTY ORDINANCE NO. 95-22
BY REVISING SECTION TWO, THREE AND FIVE; PROVIDING FOR AN
EX-OFFICIO MEMBER TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT
AGENCY (EZDA); SETTING FORTH AUTHORITY AND POWERS OF THE
EX-OFFICIO MEMBER BY MODIFYING SECTION 5 ADDRESSING OFFICERS,
QUORUM, RULES OF PROCEDURE OF THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY; PROVIDING FOR CONFLICT AND SEVER3%BILITY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY DOE OF LAWS AND
ORDINANCES; PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to
the Board, Administration Building, 4th Floor, Minutes and Records
Department, Collier County Government Center, 3301 East Tamiami
Trail, Naples, Florida between the hours of 8:00 a.m. and 5 p.m.,
Monday through Friday, excluding holidays 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 COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
( SEAL )
12C 1
ORDINANCE NO. 97-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
95-22 BY REVISING SECTION TWO, THREE AND FIVE; PROVIDING
FOR AN EX-OFFICIO MEMBER TO THE IMMOKALEE ENTERPRISE
ZONE DEVELOPMENT AGENCY (EZDA); SETTING FORTH
AUTHORITY AND POWERS OF THE EX-OFFICIO MEMBER BY
MODIFYING SECTION 5 ADDRESSING OFFICERS, QUORUM, RULES
OF PROCEDURE OF THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY; PROVIDING FOR CONFLICT AND
SEVER,ABILITY; PROVIDING FOR INCLUSION 1N THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR
EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of Collier County, Florida, has adopted
Ordinance No. 95-22, Establishing the Immokalee Enterprise Zone Development Agency
(EZDA); and
WHEREAS, Collier County Government has a policy that no Collier County employee
shall serve on Board of County Commission,'~'s Advisory Boards or Committees; and
WHEREAS, thc Director of the Department of Agriculture for Collier County has had,
and will continue to have, an integral role in thc purposes and activities of the EZDA. it is
necessary to appoint the individual holding that position as liaison to the EZDA and to direct that
individual to assist the EZDA in attaining its goals pursuant to Sections 290.001 . 290.016,
Florida Statutes. and Collier County Ordinance No. 95-22.
NOW, THEREFORE. BE IT HEREBY ORDAINED BY THE GOVERNING BODY,
THE BOARD OF COU~'NTY COMMISSIONERS, COLLIER COUNTY. FLORIDA that:
SECTION ONE: Section Two of Collier County Ordinance No. 95-22. entitled
"Appointment and Compensation of the ln~mokalee Enterprise Zone Development Agency" is
hereby amended by adding a new subparagraph to authorizc thc appointment of an ex-officio
member of the Agency, as follows:
SECTION TWO: Avvointment and Comr)ensation 0f~h¢ lmmokalec Er~terprisc Zone
Development A~encv
A. Thc Agency shall consist of not fewer than eight (8) or more than thirteen (13)
members which shall consists of at least one representative from each of the following entities:
Words underlined are added; words r:."uek *,Erz'.:'gh are deleted.
1
2)
3)
4)
5)
6)
7)
the Immokalee Chamber of Commerce,
a Financial or Insurance entity,
a business operating in the nominated Enterprise Zone,
a resident living in the nominated Enterprise Zone,
a nonprofit community-based organization operating with the nominated
Enterprise Zone,
a local private industry council,
a local code enforcement agency, and
a local law enforcement agency.
B. The importance of minority representation on the agency shall be considered in
making appointments so that the agency generally reflects the ethnic and gender composition of
the Immokalee community.
C. Members of the Agency shall be appointed by and serve at the pleasure of the
Board of County Commissioners.
D. The Director of the Deuartment of Aericulture of Collier County shall be
a~inted as an ex-officio member of the Agency and shall be a non-votine member of the
A~encv.
SECTION TWO: Section Three of Collier County Ordinance No. 95-22, entitled Terms of
Office of the lmmokalee Enterurise Zone Develom'nent Agency. is hereby amended by adding a
new subparagraph as follows:
SECTION THREE: Terms of Office of the Immokalee Enterorise Zolae Dev¢lgp~a~t
A~encv
The initial term of office of the Agency shall be as follows:
A) Two (2) members shall be appointed for a t~m of three (3) years.
B) Two (2) members shall be appointed for a t~,,~ oftwo (2) years.
C) One (!) member shall be appointed for a term of one (1) year.
D) The remaining initial members shall be appointed for a term of four (4) years.
Thereafter, such appointment or reappointment shall be for a term of four (4) years.
Words underlined are added; words '...~'._'ck ~::~,~ are deleted.
2
12C 1
Appointments Io fill any vacancies on lhe Agency shall be for the remainder of the
unexpired term of'office.
As ~h¢ c~:-ofticio meml:~r, thc Director of the D~artrnent of Agriculture shall
avtx)inted Io a term las~in~ for the life of the A~mcv. unlc'ss otherwise removed by the Bo~d of
County Commissioners.
SECTION THREE: Section Five of Collier County Ordinance No. 95-22. entitled Officers:
Ouomm: Rules of Procedure of the Immokalee Enterarise Zone Develot)men! As~encv is hereby
amended by adding a new subparagraph as follows:
~F,.Q~[I~::LEI~ Officers: Ouorum: Rules of Procedure of the Immokalee Enterprise
Zone Devclonmcnt A~cncv
A) Thc Board of County Commissioners shail clec~ a chairman and vice chairman
fi'om among the members, exclusive of thc Director of thc D~artrnent of A~riculture mcmb~
Officers' terms shall be f'or one (i) year, with eligibility for reelection.
B) A majority of thc v0lini members of thc Agency cons'tRutcs a quorum for thc
purposes of conducting business and exercising thc powers or' thc Agency and for all other
purposes.
C) Action may be hskcn by lhc Agency upon a vote of a majority of thc voting
members present. Copies of all Agency minutes, resolutions, reports, and exhibits shall bc
submitted to the Board of County Commissioners.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the ~,'ent this Ordinance conflicts with any other ordinance of Collier County or other
~plicable law, the more restrictive shall ~oply. If any phras~ or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
Words underlined are added; words .~...A~. ,~. .... ~.
.......... t~- are deleted.
3
SECTION FIVE: INCLUSION INTO ~ COLLIER COUNTY CODE OF LAWS
The provisions of this Ordinance shall become and be made a oart of thc Code of Laws
and Ch'dinances of Collier County. Florida. The sections of the Ordinance may be rcnumbered or
relettered to accomt~lish such. and thc word "ordinance" may be chan~ed to "section." "article" or
any other _a~rooriat¢ word.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with thc Department of State.
PASSED AND DULY ADOPTED by thc Board of County Commissioners of Collier
County, Florida, this ~ day of ,1997.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COM]VIISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:.
Deputy Clerk
Approved as to form and legal ~fficiency:
Melissa A. Vasquez
Assistant County Attorney
TIMOTHY L. HANCOCK. CHAIRMAN
M¢li~"~dm~n~e~rne'ndme'n! Irt EZDA
Words underlined are added; words s~r,-~a.m~oa arc deleted.
12C-'1
ATTII: K S~J. OG4~
K) ~ &1:~716
NAJ~[S ~t
AO SPACE: 9~.(X~O JNCX
PILED C~4: 11/~/~'
ORDINANCE NO, 97-.. ~ ~
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
95-22 BY REVISING SECTION TWO, THREE AND FIVE; PROVIDING
FOR AN EX-OFFICIO MEMBER TO THE IMMOKALEE ENTERPRISE
7'.A3NE DEVELOPMENT AGENCY (EZDA); SETTING FORTH
AUTilORITY AND POWERS OF THE EX-OFFICIO MEMBER BY
MODIFYING SECTION S ADDRESSING OFFICERS, QUORUM, RULES
OF PROCEDURE OF THE IMMOKALEE ENTERPRISE ZONE
DEVELOPMENT AGENCY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR
EFFECTIVE DATE
WHEREAS. thc Board of County Commissioners of Collier Count, Florida, has adopted
Ordinance No. 95-22, Eslablishing the Immokalee Enterprise Zone Development Agency
(EZDA); and
WHEREAS. Collier County Government has a policy that no Collier Counly employee
shall serve on Board of County Commissioners Advisory Boards or Committees; and
WHEREAS, thc Director of the Dcpartmen! of Agriculture for Collier County has had,
and will continuc to have, an integral role in the purposes and activities of the F..ZDA, it is
necessary to appoint thc individual holding tha~ position as liaison to the EZDA and to direct that
individual to assist the F. ZDA in attaining its goals pursuant to Sections 290.001 - 290.016,
Florida Statutes, and Collier Count7 Ordinance No. 95-22.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE GOVERNING BODY,
TIlE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that:
SECTION ONE: Section Two of Collier County Ordinance No. 95-22. entitled
"Appointment and Compensation of the lmmokalee Enterprise Zone Development Agency~ is
hereby amended by adding a new subparagraph to authorize the appointment of an ex-officio
member of the Agency, aa follows:
SECTION TWO: Ao~ointment and Comoensation ortho I~rnokalc¢ Enterprise Zone
[;)evelopment Agency
A. Thc Agency shall consist of not fewer than eight (8) or more than thirteen (13)
mcmbcr~ which shall consists of at Icaz't one representative from each of the following entities:
Words underlined arc added; words ::r--':~ :S.-~::g?. arc dc]eted.
I
1) the lmmokalee Chamb~ ofcommerce,
2) a Financial or Insurance entity,
3) a b~iness operaling in the nominated Enterprise Zone.
4) a residem living in the nomina~l Enterprise Zone.
5) a nonprofit community-based organization operating with the nominated
Enterprise Zone,
6) a local private industry council,
7) a local code enforcement agency, and
8) a local law enforcement agency.
B. The importance of minority representation on the agency shall be considered in
making appointments so that the agency generally reflects the ethnic and gender composition of
the lmmokalee community.
C. Members of the Agency shall be appointed by and serve at the pleasure of the
Board of County Commissioners.
D. The Director of the 13~-oartment of A_~culture of Collier County shall be
aonointed as an ex-officio member of the A~encv and shall be a noo-votine member of the
Azcncv.
SECTION TWO: Section Thr~ of Collier County Ordinance No. 95-22, entitled T~of
Office of the lmmokale¢ Enterurise Zone Develooment Atency, is hereby amended by adding a
new subparagraph as follows:
SECTION THREE: Terms of Office of the Immokalee Enterorise Zone Develooment
The initial term of office of the Agency shall be as follows:
A) Two (2) members shall be appointed for a term of three (3) years.
B) Two (2) members shall be appointed for a t,,,~ of two (2) years.
C) One (1) member shall be appointed for a term of one (1) year.
D) The remaining initial members shall be appointed for a term of four (4) years.
Therealter, such appointmc-nt or reappointment shall be for a term of four (4) years.
Word, underlined are added; word~ ~di4hea~h are deleted.
2
Appointments to fill any vacancies on the Agency shall be for the rema/nder of the
unexpired term of office.
As the ex-officio member, thc Dir~tor of the Deoartm~t of Amiculture shall ~
amaointed to a term lastine for the life of the A~encv. unless otherwise r~m~v~:d bv the Board Of
SECTION THREE: Section Five of Collier County Ordinance No. 95-22, entitled Officet~:
Ouorum: Pules of Pr~e. edur~ of the tmrnokalee Entenafise Zone Develo~m'~'nt Atency is hereby
amended by adding a new subparagraph as follows:
~ Officers: O~orum: Rul~s of Procedure ofthe Immokalee Eat _m~.
~one Dev¢log_ rn~-nt Atenc~
A) The Board of County Commissioner~ shall elect a chairman and vice chairman
from among the members, exclusive of the Director of the Department of ^m'icultur~ member=
Officers' terms shall be for one (1) year, with eligibility for reelection.
B) A majority of the votin_t members of the Agency constitutes a quorum for the
purposes of conducting business and exercising the powers of the Ag~ey and for all other
purposes.
C) Action may be taken by the Agency upon a vote of a majority of the voting
members present. Copies of all Agency minutes, r~olutions, re-ports, and exhibits shall be
submitted to the Board of County Commissioners.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflict~ with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of¢ompotealt jurisdiction, such portion shall be deemed a
separate, distinct, and independent pr3vision and such holding shall not atTeet the validity of the
remaining portion.
Words undcrlin~ are added; words elmok-4hf, oq6g# arc deleted.
3
1201
SECTION FIVE: INCLUSION INTO ~ COLLFER COUNTY CODE OF LAW8
AND ORDINANCES
The vrovisior~ of this O~dinancc shall become and be mad~ a oart of thc Code of L~w~
and Ord/nanc.~ of Collier County. Florida. The sections of~bc Ordinance may be renumbered or
rdetter~ to w..comolish ~uch. and the word "ordinance" may b~ chan~ed to "~ction." "article" or
an, other a~xo~_ 'at; wwd.
SECI'ION 8IX: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of Stale.
PASSED AND DULY ADOFrED by the Board of County Coiii~-~sioner~ of Collier
Coumy, Florida. thi,, q{~ dayof ._~_/~_~.. , 1997.
DWI. Gl-IT ig~l~,RO~, CLERK
Approved az to form and legal sufficiency:
Meli~a A. V~quez , )
A~i~tant CounV7 Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Words undeflin~gl are added; won:lz -'- ~'
--":- '..~-"::gh are deleted.
4
STATE OF FLORIDA)
C0~RTY OF COLLIER)
I, DWIG"~T E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true co~y of:
ORDINANCE NO. 97-81
Which was adopted by the Board of County Co~issioners on the 9th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of December,
1997.
~WIGHT E. BROCK
Clerk of Courts and'~erk
Ex-officio to Board~0f'
County Comodssionefs'
]~y: /si ....
Deputy Clerk
~e~ Cte~t to the I~M~:
11/2~lm-sso
Pletl~ ploc~ ~ following # l:
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(8:L:I) 774-8GOG
II)
12C-2'
November 17. 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re:
Notice of Public Hearing to Consider Petition DOA-97-4
Substantial/Insubstantial Deviation
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, November 23, 1997, 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
~OTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of
Collier County, will hold a public hearing on ?UES?~, DECEMBER 9,
1997, 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 a request of Mr. George L. Varnadoe, of
Young, van Assenderp & Varnadoe, representing WCI Communities, L.P.,
regarding an amendment to the Pelican Marsh Development of Regional
Impact (DRI) Development Order 95-1, as amended, and to determine
whether those revisions constitute a substantial deviation requiring
further Development of Regional Impact Review.
Ail 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
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU~FY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
{SEAL)
12C-2
November i7, 1997
Mr. George L. Varnadoe
Young, vanAssender~ & Varnadoe
801 Laurel Oak Drive, Suite 300
Naples, FL 34101
Re:
Public Hearing to Consider Petition DOA-97-4
Substantial/Insubstantial Deviation
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
12C-2
November 17, 1997
WCI Co~m~unities, L.P.
24301 Walden Center Drive
Bonita Springs, F1 34134
Re:
Public Hearing to Consider Petition DOA-97-4
Substantial/Insubstantial Deviation
Dear Petitioner:
Please be. advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this Detition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
12g-- 2.
November 17, 1997
Mr. Steven Atkins, Planner
D~velopment of Regional Impact Section
State of Florida
Department of Community Affairs
2740 Centervie~ Drive
Tallahassee, FL 32399
Re:
Public Hearing to Consider Petition DOA-97-4
Substantial/Insubstantial Derision
Please be advised that the al:x:~e referenced petition will be
considered by the Board of Cotmty Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice ~ertaining to this petition will be published in
the Naples Daily News on Sunday, NovemDer 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellis Hoffman, Deputy Clerk
Enclosure
lzc-2
November 17, 1997
Mr. Daniel Trescott, DRI Coordinator
Southwest Florida Regional Planning Council
P. O. Box 3455
North Ft. Myers, FL 33913
Re:
Public Hearing to Consider Petition DOA-97-4
Substantial/Insubstantial Deviation
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
RESOLUTION NO. 97 -
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA DETERMINING THAT REVISIONS
TO THE PELICAN MARSH DEVELOPMENT
ORDER 95-01 DO NOT CONSTITUTE A
SUBSTANTIAL DEVIATION REQUIRING
FURTHER DEVELOPMENT OF REGIONAL
IMPACT REVIEW.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, approved Development Order 95-01 (the
Development Order) on January 24, 1995, which approved a
Development of Regional Impact (DRI) known as Pelican Marsh; and
WHEREAS, Section 380.06(19) (f)2, Florida Statutes, requires
that proposed changes to a previously approved Development of
Regional Impact (DRI) be submitted by the developer to the local
government, the :egional planning council, and the state land
planning agency; and
WHEREAS, submittal of the proposed changes was made to the
appropriate public authorities; and
WHEREAS, Section 380.06(19) (f)5, Florida Statutes, requires
that the local government shall determine whether or not the
proposed change to the previously approved DRI development order
constitutes a substantial deviation requiring further
Development-of-Regional-Impact review; and
WHEREAS, the Board of County Commissioners of Collier County
has reviewed and considered the report and recommendations of the
Southwest Florida Regional Planning Council (SWFRPC) and held on
a public hearing on the petition; and
WHEREAS, by separate action the Board of County
Commissioners will cause the Pelican Marsh DRI Development Order
to be amended to reflect the proposed revisions which do not
constitute a subsuantial deviation requiring further
Development-of-Regional-Impact review;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida that:
IZC-Z
The proposed revisions to the Pelican Marsh DRI
Development Order 95-01, as described in Petition
DOA-97-4, noted as Exhibit "A" and hereto made a part
of this Resolution do not constitute a substantial
deviation requiring further Development of Regional
Impact review.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
This Resolution adopted after motion, second and majority
vote.
Done this day of , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency
Marj~rie M. Student
Assistant County Attorney
f/DOA-97-4
120-2i
FORM RPM-BSP-PROPC~ANGE-1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4925
NOTIFICATION OF A PROPOSED CHAN~E TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be made
to the local government, the regional planning agency, and the
state land planning agency according to this form.
1. I, George L. Varnadoe, the undersigned owner/authorized
representative of WCI Communities, Limited Partnership, hereby give
notice of a proposed change to a previously approved Development of
Regional Impact in accordance with Subsection 380.06(19), Florida
Statutes. In support thereof, I submit the following information
concerning the PelicanMarsh development, which information is true
and correct to the best of my knowledge. I have submitted today,
under separate cover, copies of this completed notification to
Collier County, to the Southwest Florida Regional Planning Council,
and to the Bureau of State Planning, Department of Community
Affairs.
co. =r om,'-r 1 2 C- 2
____This Co~sent and Appointment of Agent is made this ~_day of
, 1997 by WCI Communities Limited Partnership
(hefein~2~ter~ferred to as the "Owner").
WITNES SETH
WHEREAS, the Owner has a mailing address of 24301.Walden
Center Drive, Bonita Springs, Florida 34134; and
WHEREAS, the Owner owns approximately 2075 acres of land
located in Collier County, Florida, more particularly described in
Exhibit "A", attached hereto (hereinafter the "Subject Property"),
which land is located within the Pelican Marsh Development of
Regional Impact ("DRI") which was approved in Development Order 95-
i issued by Collier County on January 24, 1995; and
WHEREAS, the Owner intends to carry out development on the
Subject Property described in Exhibit "A' which will require
changes, amendments, or additions to the Pelican Marsh Community
PUD and DRI Development Order 95-1, that were issued by Collier
County, and in addition, may require approvals or actions by other
agencies of the state of Florida and agencies of local government;
and
WHEREA~, the Owner has decided to appoint an agent to
represent them in preparing applications for, and obtaining, any
and all governmental approvals necessary to develop the Subject
Property in the manner intended by the Owner, and to authorize said
agent to act on its behalf with full authority, to obtain such
approvals, including amendments to the PUD and the DRI Development
Orders previously issued by Collier County for the Subject Property
described in Exhibit "A".
NOW THEREFORE, the Owner, in order to authorize and direct its
agent and representative to act on its behalf to apply for and
obtain necessary governmental and agency approvals on the Subject
Property, consents to the following:
APPOINTMENT OF AOENTS
1. George L. Varnadoe and the law firm of YoUng, van
Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive,
Suite 300, Naples, FL 34108, are hereby designated and appointed
the agent/representative of the Owner, with full authority to act
on its behalf to perform all legal services related to, and to
supervise the preparation, submission, and review of any
applications needed to obtain approval of the Owner's plan of
development for the Subject Property described in Exhibit "A".
2. George L. Varnadoe and the law firm of Young, van
Assenderp & Varnadoe, P. A., are authorized to represent and to act
as agents for the Owner with their full authority before any and
all governmental entities, and any agencies of the state and
federal government as may be appropriate and reasonably related to
obtaining approval of proposed development on the Subject
Properties, including amendments to the DRI Development Order, and
PUD zoning or rezoning on the Subject Property. These agencies or
entities may include, but shall not be limited to, the following:
a. The Collier County Board of cOUnty Commissioners a
all d.partmenC., divisions and .ub-unit. of Collier County'%c- 2 '
b. The Southwest Florida Regional Planning Council.
c. The Florida Departments of Community Affairs,
Environmental Protection, and Transportation.
d. The Florida Secretary of State and all other .Cabinet
level offices and agencies.
e. The Florida Land and Water Adjudicatory Commission.
f. The South Florida Water Management District.
AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above,
the Owner, WCI Communities Limited Partnership has signed below.
OWNER:
WCI COMMUNITIES LIMITED PARTNERSHIp
WITNESSES:
Signat~
Printed Name
Applicant (name, address, phone)·
wcI Co~unities, Limited Partnership
24301 Walden Center Drive
Bonita Springs, Florida 34134
(941) 947-2600
Authorized Agent
george L. Varnadoe
Young, van Assenderp & Varnadoe, P.A.
SunTrust Building
801 Lauxel Oak Drive, Suite 300
Naples, Florida 34108
(941) 587-2814
Location (City, County, Township/Range/section) of approved
DRI and proposed change.
The Pelican Marsh Community is located in Sections 25, 27, 34,
35 ~nd 36, T~wnship 48 South, Range 25 East Collier County,
Florida. '
Provide a complete description of the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, buildout date,
development order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Department or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
The PelicanNarsh Co~m~nity D~Xwae approved by Collier County
on January 24, 1995, in Resolution No. 95-71, &~prov~ng
Develo]~ent Order 95-1. 8evers1 mont~s after the Pelican
Marsh Co--unity DO was issued, the a~licant entered into a
B°undarySettlementAgreementw~hthe adjacent property owner
to t~e north of the pmoJect. A Notice of Proposed Change was
eu~tted to incorporate the new boundary. Collier County
approved the NOPConSept~mber 26, 1995, ln Resolution No. 95-
555, approvin~Develol~aentOrder 95-5, w~ch remxltedina net
a~Atiou of one acre withf~ the northernboun~ary of Pelican
Marsh be~eenU.s. 41 on the west and Qo~llette-Frank Road on
the east. Development Order 95-S increased the size o£ the
PelicanMarsh Community by one acre to a total of 2,076 acres.
12C-2
-2-
12C-2 ?
Significant development of the Pelican Marsh Community has
occurred during the past 2~ years primarily on the western
portion of the site. The opportunity to create a destination
golf resort on the land east of Airport-Pulling Road and a
desire to refine the previously approved plan of development
have led to this Notice of Proposed Change. The changes
proposed in this NOPC, described below, will result in a net
decrease in the amount of approved development, accompanied by
a decrease in impacts resulting therefrom, while increasing
the acreage of recreational use, the areas set aside for
preservation, and the acreage o£ miscellaneous 'open space.'
The total number of residential dwelling units at Pelican
Marsh is being reduced from 5,600 units to 5,100
decrease of 500 units). The proposed DO amendments will
maintain the same 80-acres of 'activity center' use approved
in the original 1995 PelicanMarsh Development Order/PUD. The
authorized maximum amounts of retail and office uses within
the activity center will be decreased while adding some hotel
units and increasing the applicant's flexibility to relocate
the approved cultural center to within the designated aotAvity
center. The proposed amendment requests that the designated
activity center contain the following land uses and
magnitudest 345,000 square feet of retail use (a decrease of
230,000 s.f.)~ 200,000 square feet of office use, of which up
to 50,000 may he medical office use (a decrease of 150,000
s.f.)~ and 400 hotel rooms (an increase of 120 rooms).
The golf course use, currently 36 holes on approximately 346
acres, is proposed to be increased to 63 holes on approxi-
mately 572.4 acres, an increase of 27 holes and 226.2 acres.
The preserve acreege is being increased by 36.4 acres, from
294 acres to 330.4 acres. In addition the amount of
miscellaneous open space will be increased from 59 acres to
114.2 acres, a gain of 55.2 acres.
The revised Pelican Marsh Master Plan also designates a 4.7
acre parcel at the southeast corner of the Vanderbilt Beach
Road/Ooodlette-Prank Road intersection for "CF" use (6ommunit7
facility).
A very minor boundary change on the southwestern perimeter of
the westernmost parcel will result An a deletion of 3.4 acres
from the Pelican Marsh Community, reducing the total size of
the project to 2,072 acres. No land is being added to Pelican
Marsh by this NOPC and all other changes proposed to the
Pelican Marsh Master Plan occur within the boundaries of the
project approved in the 1995 Development Order.
The proposed changes to the Pelican Marsh land uses are shown
in the chart below, which compares the approved land use
-3-
12C-2:
amounts contained in Develolmment Order 95-1 to the requested
land uses that will result from approval of this NOPC.
Rcsidonial Uniu
1~7 NOPC
~,100 units
ned.
80.000 ~1- fi- ('750 ~au)
63 holes
330.4 m
CHANGE
-500 dwelling units
0
-230,000 sq. fl
-!~,000 sq. fL
+i20
0
+27 holes
+36.4 acts
+55.2 K'ms
Ail of ~he above land use changes to the Pelican ~arsh
Conanunity are depicted on the Proposed Master Plan, attached
as Exhibit 1 to this NOPC.
The reduction of 500 residential units, coupled with the
significant decrease in both retail and office uses will
result in a substantial reduction in the transportation and
other impacts generated by the Pelican Marsh Community which
will more than offset the proposed addition of a 120 hotel
units. A revised tran~portation analysis demonstrating the
reduced traffic impacts of Pelican Marsh, prepared by David
Plummet and Associates, As attached as Exhibit 3.
The original Pelican Marsh Development Order required.that the
golf course clubhouses, or other approved buildings be
utilized as hurricane evacuation shelter space. Collier
County has agreed to accept the Pelican Marsh Elementary
School (approximately 148,000 square feet} as shelter ~pace in
lieu of the golf course clubhouses. The Development Order
wording is being changed to reflect Collier County, s
acceptance of the Pelican Marsh elementary school site for
this purpose, and satisfaction of the shelter space mitigation
requirement.
The proposed changes to the Pelican Marsh DRI will reduce, and
will not result in any net increase of the impacts generated
by the development. These changes do not constitute a
-4-
substantial deviation pursuant to Subsection 380.06(19),
Florida Statutes.
Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the developmept. If
no change is proposed or has occurred, indicate no change.
See the attached substantial deviation determination chart.
List all the dates and resolution numbers (or other
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
goverrunent jurisdiction for any portion of the development
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
The Pelican Marsh Community remains entirely within the
Jurisdiction of Collier County. There is no a~itional land
being added by this Notice of Proposed Change. A minor
boundary correction to the southern boundary of the western
parcel will result in & decrease in size of the Pelican Marsh
Community by approximately 3.4 acres. The proposed changes
are all contained within the original boundaries of the
Pelican Marsh Community DRI, aB approved.
There has been one previous Notice of Proposed Change to the
Pelican Marsh C~.'.~'..unity w~lc~ resulted in an additional one
acre being awed to t~e northern ~ry of the western
parcel, between U.S. 41 o~ the west and ~oodlette-Frank Road
on the east. The previous NOPC was the result o£ & Boundary
Settlement A~reement with the adjacent property owner to the
north, which resulted in the exchange o£ approximately 9 acres
of land from each land owner to the other, with the net result
being an increase of one acre to the Pelican Marsh C~ity.
The notice of proposed change was almproved by Collier County
on September 26, 1995, in Resolution 95-555 approving
Develo]yment Order 95-5. There have been no other changes or
amendments to Development Order 95-1 since it was issued by
Collier County on January 24, 1995.
Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, intended use, and adjacent non-project land uses
within 1/2 mile on a project master site plan or other map.
-5-
10.
11.
12.
13.
No additional land has been purchased for option by WCI
Communities, Limited Partnership, within ~( mile of the
original DRI sate since the almProval by Collier County in
January of 1995.
Indicate if the proposed change is less than 40% (cumulatively
with other previous changes) of any of the criteria listed in
Paragraph 380.06(19), Florida Statutes.
Do you believe this notification of change proposes a change
which meets the criteria of Subparagraph 380.06(19) (e)2.,
Florida Statutes?
YES NO ~
Does the proposed change result in a change to the buildout
date or any phasing date of the project? If so, indicate the
proposed new buildout or phasing dates.
No. The Development Order remains in effectuntil January24,
2010, fifteen years from the date of its adoption on January
24, 1995.
Will the proposed change require an amendment to the local
government comprehensive plan?
No.
Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06(15), Florida
Statutes, and 9J-2.025, Florida Administrative Code:
An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
See attached revised Master Plan, marked as Exhibit 1.
Pursuant to Subsection 380.06(19) (f), Florida ~tatutes,
include the precise language that is being proposed to be
deleted or added as an amendment to the development order.
This language should address and quantify:
a0
Ail proposed specific changes to the nature, phasing, and
buildout date of the development; to development order
conditions and requirements; to commitments and
representations in the Application for Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
preservation, green belts; to structures or to other
improvements including locations, square footage, number
-6-
of units; and other major characteristics or components
of the proposed change;
See the enclosed revised Master Plan, Exhibit 1; also see
all proposed wording changes contained in the revised
Development Order attached as Exhibit 4.
bo
An updated legal description of the property, if any
project acreage is/has been added or deleted to the
previously approved plan of development;
A minor deletion of 3.4 acres from the Pelican Marsh
Community is reflected in the revised legal description
for the Pelican Marsh Community attached ae Exhibit 2.
A proposed amended development order deadline for
commencing physical development of the proposed changes,
if applicable;
Not applicable. Development co~a~moedp~r~uant to a pre-
development agreement entered into in 1993.
do
A proposed amended development order termination date
that reasonably reflects the time required to complete
the development;
Not applicable; no change is requested.
e o
A proposed amended development order date until which the
local government agrees that the changes to the DRI shall
not be subject to down-zoning; unit density reduction, or
intensity reduction, if applicable; and
Not applicable; no change is requested.
Proposed amended development order specifications for the
annual report, including the date of submission,
contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025 (7), F.A.C.
No change.
-7-
12C-2'
12C-- ;;'_ '
12C-2 '
'i
'-f JL
.~u~uuu.~U~Uuuuuuu~
Map H
Ma~ter
Per,:an Marsh Communities
II']'LSON ~ ¥IIJ.,XR
_-'-~----r~
PELICAN
LEGAL DESCRIFrlON
PELICAN MARSH, b~ng spproxim~ly 2072.88 acrea, L~ i~,ally describ~ as follows:
BE~~G at the southwest cornet of Section 27, Township 48 South, Range 25
thence along the west line of said $ecti~ 27 md the casady right-of-way line of U.S. 41
North 00*38'20" West 2623.40 fe~t to the wear I/4 comer ofsaJd Section 27;
thence continue along the west line of said Section 27 and said right-of-way North
00~9'12~ West 827.69 feet;
thence leaving said line North 89'20'45" East 3844.57 feet to the westerly right-of-way line
ofpeopos~ Goodlelle-Frank Road as recorded in Plat Book 13, page 58, Public Records of
CoUier Count~, Fk, rida;
thence along said ~y tight-of-way line in the following fo~ (4) described courts;
1) South 0:5"34'48' East 3545.96 feet Io the south line of'said Section 27;
2) Sou~ 05°33'10" Eas~ 2642.17 feet;
3) southerly 620.87 feet a~ong the nrc of a citcul~ curve concave westerly having a
radius of 2799.93 feet throu~ a central angle of 12e42'18" and being subtend~ by
a chord w~ch bears Sou~ 00'4?59' West 619.60 feet;
4) South ~08' West 1675.64 feet to the boundary line of the plat of Pine Ridge
Second ~on as recorded in Pla~ Book 10, page 86 of the Public Records of
along the boundary ofsaid Pine Ridge ~ Extension in the following eight (8)
described counes;
I)
2)
3)
4)
6)
· :ntth 89"5(Y58' West 88.21 feet;
North 3 ! "34'00" West 120.19 feet;
North 05'37'10" West 956.47 .feet;
South 74"46'39" West 379.98 feet;
South ! 2°04'43" East 23.53 feet;
South 87'09'43' We~ 272.40 feet;
northwest~y ! 854.46 feet along the an: ora non-tangential cinad~ curve concave
sou~wen~y haviag a radius of 1640.26 feet through a central angle of 64o46'40-
and being mbeaxied by a chord which bears North 48~50,02,. West 1757.26 feet;
8) North 81'13'22" West 737.85.feeg
thence leaving said plat boundary North 0003'39" Wes~ 707.85 feet;
thence South 89'33'32" East 336.81 feet;
thence North 00'26'28' East 180.64 feet;
thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius
of 130.00 feet through a central angle of 16034'!9' and being subtended by a chord which
bears North 08043'37" Fast 37.47 feet;
thence Norlh ! 7°00'47" East 181.41 feet;
thence northwe~dy 6:54.92 feet along l~e arc of a circular curve concave southwesterly
having a radius of 395.00 feet through a ~ angle of 94°59'$2" and being subl:'nded by
a cho~ which bears North 30*29'09" West 582.44 feet
thence North 77059'05" West 144.30 feet;
~ northly 418.87 feet ~on8 ~ n~c of a circular cu~e concave no~y
having a radius of 800.00 feet through a central angle of 29059'57" and being subtended by
a chord which bears North 62059'06'. West 414.10 feet
thence North 47*59'08" Wes~ i 00.03 feet;
thence westerly 615.18 feet along the m-c of a circular curve concave southerly having a
radius of 826.09 feet through a central angle of 42'40'04" and being subtended by a chord
which bears North 69"!9'10" West 601.07 feet;
· ence South 89'20'48" West 204.55 feet to the west line of said Section 34, and the east
right-of-way line of U.S. 41;
thence along said line North 00'39'20" Wes1665.92 feet to the Point of Beginning;
LESS AND EXCEPT all that pazt of Pelican Marsh Unit Five as recorded in Plat Book
22, pages 88 through 89 Public Records of Collier County, Florida being more particular
described as follows;
BEGINNING at the northwesterly cornet of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89°33'32" East 306.56
feet to a point on the west line of Tract WF-! (Drainage Easement) according to the Plat
of Om~ Isle at Pelican Marsh, Plat Book 24, pages 67 tlu'ough 70, Public Records of
Collier County, Florida;
thence along said line South 00'00'00" East 481.17 feet to a point on the north line of
Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat
Book 22, pages 88 through 89, Public Records of Collier County, Florida;
thence southwesterly, 306.37 feet along the are ora non-tangential circular curve concave
to the southeast, having a radius of 2430.00, through a central angle of 07'!3'26' and
being subtended by a chord which bears South 88'15'16" West 306.17 feet to a point on
the botmda.T of said Pelican Marsh Unit Five;
thence along said line North 0(P'03'39" West 492.87 feet to the POINT OF BEGINNTNG
of the parcel herein described;
Containing 3.40 acres more or less;
Subject to easements and restrictions of record.
Bearings are based on the north line of said Pelican Mesh Unit Five being South
89'33'32" East.
Exh~ 2
2
~ning 573.98 acres mort: or less;
subjec:~ to easements and r~strictions of record;
TOGEI'HER WITH THE FOLLOWING DF_3CRIBED PARCEL:
All tl~ p~rt of Section 27, Township 48 South, Ra~e 25 ~ Collier County, Florid~
~ more particul~y described as follows:
Co~m~ zt the we~t I/4 comer of said Section 27;
thence along said w~st line North 00°39'12.. West 827.69 feet;
thenc~ leaving said line North 89020'45" Eas~ 577.78 feet to the POINT OF BEGINNING
of~he pau'cel herein deso'ibed;
lhence North 57°47'59.' East 46.92 feet;
thence North 68'35'21"
thence North 00'39'!2"
thence North 77°43'40"
t~ce South 72°59'03"
East 110.88 feet;
West 1117.52 feet;
East 573.08 feet;
East 785.48 feet;
00039'15" East 27.71 feet;
89"20'45" East 503.78 feet;
00°39.15- East 100.64 feet;
89020'45.. West 1957.22 feet to ~ Point of Beginning of the parcel herein
Subject to easeax:nts and restrictions ofreoo~d.
Containing 9.5 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39'12" West;
AND LESS TIlE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and
being mor~ particularly de. scrib~ as follows:
~ ~ the v,~s~ one quarter corner Section 27, Township 48 South, Range 25 East;
thence along the wes~ line of said Section 27 North 00°39'12" West 827.69 feet;
thence leaving said section line North, 89e2(Y45" East 55.00 feet to the Point of Beginning
of the area thereon described;
thence North 89'20'45" East 3$6.45 fee~;
thence South 00'39'15" East 34.09 feet;
Exhibit 2
thence southeasterly 47.35 feet along the ate of a non-tangential circular curve concave
southwe~crty having a radius of 70.00 feet through a central angle of 38°45"2Y' and being
subtended by a chord which bears South 64019'09.. East 46.45 feet to a point ofcompound
thence soulherly 259.:~-53 feet along the arc of a circular curve concave westerly having a
radius of 197.21 feet through a central angle of 75°24'06.. and being sub',ended by a chord
which bears South 07014'23.. Ea~ 241.20 feet to a point of reverse curvature;
thence sony ! 51.40 feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 66043'37'' nmi being subtended by a chord
which bears South 02°54'07" East 142.99 feet to a point of reverse cm'va~;
thence southerly 120.22 feel along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98°24'!2.. and being subtended by a chord
which bears South 12°56'10" We,~ 105.98 feet;
thence ~ 62°08'16, Wes~ 75.07 fee~:
thence southerly 48.75 feet along the arc of a circular curve concave easterly having a radius
of 30.00 feet through a centr~ angle of 93°06'i3.. and being subtended by a chord which
beats South 15°35'10" West 43.56 feet;
thence nh~g South 30'57'58' East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve concave westerly having a
radius of 80.00 feet through a central angle of 14°16'43.. and being subtended by a chord
which bears South 23049'37" ~ 19.89 feet;
thence along a non-tangential line South 84°!3'14" East 158.41 feet;
thence South 80055'24" East 183.78 feel;
thence South 81 °52'51"
therr~ ~ O0.OO'OO..
thence North 90~0'~"
thence North 00000'00"
thence North g4°l 3'14"
thence South 33005'40"
thence South 76°56'51"
thence North 58°35'21"
thence North 15°3 i'55"
thence North 00°41'41"
thence North 28o22'47''
thence North 17~1 i'45"
thence North 13o02'52"
thence North 73°36'!4"
thence South 49.* ! 6'08"
thence South 89'*4?O8"
thence North 58~'00'49"
Ea~ 180.90 feet:
Eas~ 261.28 feet:
Wes~ 394.57 feet;
East 271.73 feet;
Wes~ 120.32 feet:
West 54. ! 3 feet:
Wes~ 89.04 feet;
West 65.19 feet;
Wes~ 74.80 feet;
Wes~ 115.24 feet;
East 171.51 feet;
Wes~ 106.79
East 28.51 feet;
West 54.78 feet;
West i 12.78
We~t 53.08 feet;
West 50.49 feet;
thee, ce North 00°39'12.. West 303.49 feet to the Point of Beginning of the area herei, n
descri~;
Containing 7.8 acr~ more or less;
Subjec~ to ~ ~d ~ of record;
Beszings are based on the west line of Section 27, Towrahip 48 South, Range 25 ~
Collier Coumy, Florida being Norlh 00'39'12" West;
thon~e along said west line North 00"39'12" West g27.69 feet;
thenoe leIv~ ~1 line ~ $9''20'45" East 2469.55 feet to the POINT OF BEGINNING
ofthe parcel herein descn'tx~
thence continue North 89'20'45" East 757.g8 feet;
thence Soulh 84'45'32" West 23.43 feet;
~ South 74°56'42" Wext 121.32 feet;
thence South 79°49'5 !" West 45.93 feet;
thenoe westc-rly 45.51 feet along the nrc ofa tnngential circul~ curve concave to the north
having a radius of 66.00 feet through a central angle of 39'3g16" and being subomded by a
~ which bean Nor~ 80'25'01' West 44.61 feet to a poim of reverse ona, ann'e;
thence northwesl~y 52.92 feet along the m,c ora umgential circular curve concave to the
south having a radius of 150.00 feet thrtmgh a central angle of 20°12'57" and being
sutmmded by a chord which bears North 70'46'21" West 52.65 feet;
thence North 80°52'50' West 36.59 feet;
thence westerly 46.17 feet along the are of a tangential circular curve concave to the south
having a radius of g0.00 feet through n central angle of 33'04'13" and being subtended by a
chord which be:ar~ South $2'35'04" West 45.54 feet to a point of reverse curvatu~;
thence westerly 38. ! 6 feet along the arc ora tangontial circular curve concave to the north
having a radius of 60.00 feet thtuugh a centntl angle of 36~26'1 $" and being subtended by a
chord which bears South g4* 16'06' West 37.52 feet to a point of reverse curvature;
thence westerly 68.84 feet along the arc ora tangential ch'cular curve concave to the south
having a radius of 305.00 feet through a central angle of 12"55'58" and being subtended by
a daxd which bears North 83°5S'44' Wes~ 68.70 feet;
thence South 89'33'!7' West 18.36 feet;
thence South 89'39'1 !" West 71.63 feet;
thence North 89'35'03' West 36.03 fee~
theme South 86°06'33'' West 42.94 feet;
thence South g3°44'05" West 26.23 feet;
E~i~2
12C-2
thence Sotmh 5 i °01'05' West 27.49 feet;
thence South 33'25'42' We~ 19.95 feet;
thence South 15039'57' West 20.54 feet;
thence South i 0°54'3 I' Wes~ 34.64 feet;
thence South 89,20'06" We~t 101.06 feet;
thence Nor~ 10045'58" East 101.42 feet to the Point of Beginning of the parcel herein
Subject to ~ and r~trictior~ of r~cord.
Containing 0.48 ac~es rno~ or less.
Bea~ngs a~ based on the west line of ~a~d Scion 27 as being North 00~39'12" West;
Ali th,al part of Section 27, Township 48 South, Range 25 East, Collier County. Florida
being more particularly described as follows:
Commencing at ~ wes~ 1/4 comer of said Section 27;
then~ along said wes~ line North 00~9'12" West 827.69 feet;
thence leaving said line North 89,2ff45" Eas~ 3401.12 feet to fl~e POINT OF BEGINNING
ofthe pan:el herein described;
thence confnue North 89,20'45" East 443.43 feel;
thence South 05°34'48" East 147.72 feet;
thence South 89'20'45" West 51.56 feet;
thence North 23°56'01" Wes1 13.07 feet;
thence nontmqy 30.72 feet ~ the ~x: ora tmgential cis~lar curve concave to the east
Fining * r~lius of 80.00 feet through - centnd ~mgle of21°59'53" and being subtended by a
chord which ~ North 12'56'04" West 30.53 feet;
the~ North 05~1'01" West 31.56 feet;
thence NO 36° 19'27" West 32.02 fee~:
thence North 56°04'43" West 35.1 ! feet:
thence North 80"39r23" West 32.53 feet;
thence North 88~39'20" West 97.78 feet:
fl. tcmc~ North g6~:)4'48" Wes{
thence North 89~49'56' West
thence North 69'40'1 fs" West
45.79 feel;
132.77 feet;
37.23 feet to the Point of Beginning oft. he parcel herein
Subject to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39'12" West;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL;
BF.,G~G at 0~: northwest corn~ of sa':d Section 3~;
~ ga ~ ~ li~ of~d ~ 35 N~ 8~45'35' ~ 5~ 1.69 f~ ~ ~ ~
~f-~ ~ of,i~-~ ~ (C.~ 3 I);
~ ~ ~ ~y ~t~f-~ !~ ~ ~1'4~ ~ ~8.31 f~ m ~ ~
~ ~ md ~ ~ ~ 8~' W~ ~1.65 f~ ~ ~ ~ 1/4 ~ ~
~d ~ 35;
~ ~~ ~ ~d ~ 1~ ~ 8~2' W~ 2~1.33 f~ ~ ~ ~~
~ of~d ~ 35;
~ ~ ~ ~ I~ of ~ ~ ~ ~ 8~51'~* W~ 391.57 f~ m ~
~ I~ ofa ~i ~~ ~ O.~ ~k 524, ~e 121 of~ ~blic ~ of
~ ~g ~ ~ ~ ~ N~ 01~3~ W~ ~5~9 f~
~ ~ ~ ~ ~ ~d ~! ~ 8~51'~~ W~ ~3~ f~ m ~
~y ~f-~ I~ of ~ ~I~F~ ~ ~ ~ ~ P~ ~k 13,
~ge 58 of~ ~blic ~ of~Ui~ ~, ~
~ ~g ~d ~y ~f-~ li~ N~ ~08~ ~ 1 ~9.52 f~
~ ~ m~ ~ ~y ~f-~y li~ ~ly ~9.69 f~ ~ong ~ ~ ora
~I~ ~e ~ ~y ~ng a ~i~ of 2~9.93 f~ ~u~ a ~ ~e of
12°42'! 8~ ~ ~g ~~ ~ a ~ ~ch ~ No~ ~°4~59~ ~ ~8.37 f~;
~ ~fin~ ~g ~d ~f-~ I~ N~ 05°33'10~ W~ 2628.~ f~ m a ~int
~ ~ ~ li~ of~d ~ ~;
~ I~ng ~d ~f-~ I~ ~ ~g ~ ~ li~ of ~d ~ion 34 ~
8~31'3 !* ~ ~.91 f~ ~ ~ P~nt off,g;
~n~ng 70~.39 ~ ~ ~ I~;
AND TOOETHER WIT'lt TItE FOLLOWING DESCRIBED PARCEL
BF~INNING at the ~ corner or,aid Section 36;
thence along the eas~ line of~tid Section, South 02°12'03"
East 2671.63 fo-et to the ea~ I/4 comer of ~aid Section 36; thence continue along the east
line of ~aid Section 36 South 02'I)6'28" Ea~ 2519.08 feet to a point on the northerly right-
of-way line of Vanderbilt ~ Road;
thence along ~aid northerly rigid-of-way line North 89o39'39" West 2855.3:5 feet;
thence continue along said line North 8~43'59" West 2544.87 feet to a point on ta~ easterly
rig~t-o£-way li:e of Airport-~ing Road (C.R. 31);
thence along said ensterly fight-of-way line North 00'31'47" West 4490.03 feet to the
southwest corner of the enst 1 $ fee~ of the west i 15 feet of the south 80 feet of the north
619.49 feet of ~aid Section 36;
thence nlong the ~ line of said land North 89~27'57" East 15.00 feet;
thence along the east line ofsaid land North 00~ 1'47' West 80.00 feet;
thence along the north line of said land South g9'27'$7" West 15.00 feet to the east right-of-
thence along said righl-of-way Nor'h 00'31'4T' West 539.49 feet to the north line of said
Section 36;
thence along said north line North 89'27'57" East 3914.28 feet to the southwest ~ of
the east I/'2 oftl~ east 1/2 of said Section 25;
thence along the we~ line ofth~ east I/2 of the east 1/2 of said Section 25 North 01°54'09"
We~t 266g.19 feet;
thence eonthme*~ong the west line ofthe east 1/2 of the east 1/2 ofaaid Section 25 North
0105716" West 2567.06 feet to a point on the southerly right-of-way line of lmmoi,'~ee
Roa~ (C.R. ~');
t~mce along aaid right-of-wa~ North $9'1436" East 1325.57 feet to the east line of said
thence along aaid east iin~ of Section 25 South 02"06'59" East 2569.75 fe~t to the east I/4
comer of 8e~:tion 25;
thence continue along aaid east lir~ of F~,,'tion 25 South 02o00'46" East 2670.97 feet to the
containing 789.67 acres more ex less;
total parcel contains 2076.28 2,072.88 acres more ex less;
subject to easextm~ and ~ of record;
bearings are based on lhe S~a~ ~ ~ 1983 datum 1990 sdj~t, ~ north
line of Section 35, being North 89~45'35" East.
$
12C-2
PELICAN MARSH COMMUNITY
NOTICK OF PROPOSED CHANGF.
TRAFFIC STUDY
Project kq)?515
Au~ts! 20~ 199'/
Prepared by:
David Plummet & Associates, Inc.
1531 Hendry Street
F~rt Myers, Florida 33901
~xhibit {
PELICAN MARSH COMMUNITY
NOTICE OF PROPOSED CHANGE
TRAFFIC STUDY
Pelican M~sh Community is a mixed use residential Developmem of Regional lmpac~ (DR/),
approved in 1995. The Proje~ is boueded by Immokalee Road m the north, Vanderbil~ Beach
Roadtothe south, Future L~ Road to tbe eas~ and US 41 to thewest. The Project
loc~on is shown on Exluq~ I.
The original DR/development order and tra~c assessments evaluated and approved residential,
commercial, office and ~onal uses. The Project's originally approved development
Residential
Hotel
Relai I~
Office
A_ _opmved Develo_m'nent Parnmetern
Single Family
Multi family
!,200 d.u.
4,400 d.u.
280 rooms
500,000 sq. ft.
Gener~ Office 250,000 sc1. fi.
Medical Office !00,000 sq. ft.
Cultural Center 80,000 sq. ft.
Golf Course 36 holes total
Health Club 5,000 sq ft.
Tennis 18 courts
Park 20 acres
12C-2
Study Ob_ierttve
Originally approved tot ~ above identified land uses, Pelican Marsh Community is proposing to
reduce single-family and multifamii.v residential units and retail, office and medical office Sclua~
footage. At the same time, the communi~ is proposing an increase in hotel units and golf holes and
the designation of a 4.7 acre parcel for "community facility" use. Also, the plan has been revised
to reflect the construction of the Pelican Marsh Elementary School, which is in operation on a 20-
acre parcel.
The purpose of this study is to de",ermi~ what effect the proposed land use changes within the
Pelican Marsh Community will have upon exletr~ trips that will be generaled by the F~'ojecc Since
the ~ trips ~re being rtduced subotantially from whal was originally approved, there will be
fewer traffic impacts, as a result of the change, fl~an were originally forecasted.
Land Uae Parameters
A comparison of the approved and revised land use pamnetets is presented in Exhibit 2. For traffic
analysis purposes, buildout is comidered to be the year 2008. No change in the anticipated buildout
year for traffic purposes, therefore, is contemplated.
Trip Generation Comoarbon
The peak hour trip generation associmed with ~e revised development parameters was calculated
and compared to the trip generation associated with the originally approved DILl parameters.
The trip generation associated w,h the revised development parameters for Pelican Marsh
Community (Exhibit 3) was calculated using contemporary trip generation factors from ITE Trip
~ Fifth Edition. The resultant trips were then compared to the approved traffic forecasts
for Pelican Mars~ Community reported in the Southwest Florida Regional Planning Council Staff
Assessme~ which e'e also based on ITE Trip_ Generntlo~_. Fifth Edition. Thc approved total,
internal and external trips for Pelican Marsh Commtmity were derived from Table H-I in thc
Develop_ merit of Regional Impact Assessment for Pelican Marsh Community (!1-9394-123)
November 1994, prepm, ed by the Southwest Florida Regional Planning Council. This trip generation
comparison is summarized below.
:T. xtp._Q.~',xLc rat i o n Comparison
_Two-Way PM Peak Hour
Percent
Total 5,487 ,.n 4,594 rn -$93 - 16.3%
lmcmal 944 799 oD N/A N/A
Extc, mal 4,543 "} 3,795 -748 -16.5%
Pass-By 394 4 !0 rn N/A N/A
Net New 4,149 m 3,385 -764 -18.4%
Based on this comparison of the approved PM peak bout trips under the original RPC Staff
Assessment and the PM peak bout trips based on the revised development paramtncrs being
proposed fo~ the Project, a reduction of 18.4 percent in net new external trips is expected as a result
of thc change in Project development parameters.
As indicated above, thc following conclusions are apparent.
The revised development parameter, using contemporary trip generation factors (i.e..
ITE ~ Fifth Edition), are expected to generate 18.4% fewer peak hour
net new external trips than the approved development parameters, also using
contemporary ITE ~ (Fifth Edition) trip rates and adjustments, as per
the RPC Staff Assessment.
The revised development parameters cleaxly result in less than a "... 15 percent
increase in the number of external vehicle trips.., above that which was projected
during the original development-of-regional-impact review." Therefore, the re,At, ed
development does not, from a traffic standpoint, result in a substantial deviation from
the original.
III IK,4
PELICAN MARSH COMMUNITY
LOCATION MAP
PELICAN MARSH COMMUNITY
SUMMARY OF REVISED DEVELOPMENT PARAMETERS
Single Family 1,200 d.u. 900 d.a. -300 d.u.
Multifamily 4,400 d.u. 4,.200 d.u. -200 d.u.
-25.0%
-4 3%
General Off'me 250,000 sq. ft. 150,000 sq. fL - 100,000 sq. fL -40.0%
Medical Ofr~.e 100,000 ~q. ft. 50,000 sq. fL -50,000 sq. fL -50.0%
Shopping Center $00,000 sq. ft. 300,000 sq fL -200,000 sq. ft. -40.0%
Ho~el
Hotel 280 rooms 400 rooms +120 rooms +42.9%
Cultural Center 80,000 sq. fl $0,000 ~q. ft. N/A N/A
Health Club 5,000 sq. I~ 5,000 sq. ft. N/A N/A
TetmL~ I $ courts 18 courts N/A N/A
Golf 36 holes 63 holes +27 holes + 75.0%
P~k ~n
20 Acres 0 Acres -20 Acres - 1000%
School m 0 Students 950 Students +950 Students N/^
Church m 0 sq. ft. 50,000 sq. ft. +50,000 sq. fL N/A
m The aPlsee~q mai~ Iloe~ a~.a is $75.000 ~q & ef ~ fleme a~a (Gl:AL o4'vhic~ NX}.IXX} sq. R. is I~s kasab~ floe~ seca (GLA} GL~
'" TI~ ,l~cciflc ~ .~ (4.7 m) b mk 4t1~11,~1. l~(i~,,~,mc4 m i~ a c, ~n~ ~ perp~)n o(~ ~ le~f~l~k~ conq~n~~
(1)
~TE ~ (1)
L.NMC) UM. (LLJC) SQ~E UNq' TRiP TYPE FACTOR ~ CNJT TOT~ ~Y
SINGI~ .FM~.Y-OETN:::]~O 210
h'TERN~L. ~ FAC. 1% 2 2 3 (4) 131
EXTEJq/~N. T88 3.41 1107 13044
FKS&.SY 0% 0 0 0 0
I~rT I~EIW 7m~ 341 1107 1~044
i4 FL TOTAL 31 T~ 110 IZZ2 CS)
IkrTEIM~L. ~ FaC. C~ 0 0 0 0
~ -~ F~. ~ 0 0 0 0
P~ ~ 0 0 0 0
~ 3 51 ~ 611
k Ft TOTN. M1 MI 1322 14043
F(I'F./~NN,. tiiC. e'A 53 53 1M ~ I1~
~ - ~C F~. ~ 0 0 0 0
~-~F~ ~ n 0 0 0
P~ 31% ~ ~ 410 ~ ~
~ oFlrcE 710
k FL TOTM. 43 208 ~1 1907
I~11RNN.. ~. I~b 10 10 20 CT) IS3
~ · R~C. FAC. 0% 0 0 0 0
· tTE.qNN..COMM. FAC. 0% 0 0 0 0
F. XTERN,M. 33 188 231 1754
PAIS..SY 0% 0 0 0 0
~TNEW ~3 199 231 1T5,4
TOTAL se 134 194 1612
INTLfqNdI~ - ~. 8'*A I 8 16 (:2) 120
NTFJqNAL. I~.C. FAr~ 0% 0 0 0 0
~. F~. ~ 0 0 0 0
~ ~ I~ 178 1~
P~ ~ 0 0 0 ~ 0
~ ~ 128 178 1~
HOTEJ. 310 400
RMmi TOTAL 156 133 289 3,M2
I, rrEIW,4AL. ~. at, 12 12 24 (2) 2eO
ff4TEIM,44. - I~C. F4C. 0% 12 12 24 ('3) 283
KI'ERN~ - ~ FAC. 0% 0 0 0 0
EXTEZI~6tL 132 10e 241 2t10
PA,/,I.~ 0% 0 0 0 0
NET NLrW 132 log 241 2~1~
I'J0 8iudees l'O'q. S S 10 1036
~. IdllC. 0% O O 0 0
~- R~C. FAC 0% 0 0 0 0
~-(:~MM.F.~. tS'& I 1 2 (4) t~ (4)
EX17.1qN~L 4 4 O ~81
PAl&BY 0% 0 0 0 0
NLrr I'~ 4 4 9 88!
TO~.WlCd
126-2
(~)
AOJ. (1)
FACTCYt IN CXJT TOTAL.
'O(~LF~OIqlIVATL*) ~ 18
~ T~ 11 10 21 2~ ~
~-~. 0% 0 0 0 0
~ - ~ F~. ~ 0 0 0 0
~-~ F~ 15% 2 2 3 (~ 41 (~
PA&&.eY ~ 0 0 0 0
~T~ g 8 18 ~1
TOTAl.. :)1 29 eo MS
IdlTJIN~. ~ 01) 0 0 0 0
~ IrAC. ~ 27 27 54 (3) scl (3)
~- C:OW~ F;~. 0'~ O 0 O O
[XTE]qI'd~L 4 2 8
PAS&~Y 01, 0 0 0 0
f'~rT NEW 4 2 6 64
461
TOTAL
TOE~OeC:2~
DE'VELOPPlENT ORDER OF THE: BOARD OP' C~
C~1881ONERS OF CObblER CO~*, FLORID~ II*OR
PI:LICAN HARSH ~ITY bOCATED IN SECTIONS
25, 2'7, 34, 35 AIK) 3~, TO#t48HIP 48 SC)'U'~,
RAIK~ 25 ;AS'T, COLLIe. COL,'XTY, ~ORIDA;
12C-2
~, W(3l Coemunitiee, Inc., (herein 'teCN') filed on
~oveed~er 30, 1993, with t~ ~nty o[ Collier an ~lication for
8ubmecti~ ~80.06(~), Flori~ Statutes; m~
~, t~ ~rd of C~n~y C~issi~rs of ~llier
Flori~, I~r~ ~vel~nt ~der 95-1 (~he '~vel~n~ Order')
for ~he Pelican ~rsh C~ni~./ DRI on Jan~ 24, i~gS; and
~, ~ ~rd of ~n~y C~issi~ers o( ~lller
Plorl~, a~r~ed ~vel~n~ Order ~5-5 ~ Resolu~t~ ~S-SSS,
a~ndlng ~vel~n~ Order ~S-1, on SepCe~r 2~, 1~S, to change
the l~al descripcl~ of t~ Pelican ~rsh C~nt~y; and
~, ~I C~nl~ies, i llml~ed~r~nership (herein
demcrip~i~ of t~ Pelican ~rmh C~icy to delmCm m 3.4 acre
parcel of lm~, to ~ke certain revimio~m co ~ plan
d~vel~nc m~ devel~nt order for cbs Pelican ~rmh C~nity
a~ to ~km certain c~em co t~ m~nt of devel~nt a~r~ed
herein; and
~, HCI, thr~9~ ice ~uc~rtzed agenc, ~m filed ica
a~licmtion a~ ~tlficacion of m proceed change =o ~velo~nt
Order 95-1; and
~~, =~ ~rd of County C~lssioners Is =he governing
~y of ~ uninco~ra~ed ares of follier ~y , with
Jurisdiction ~rmumnt to Section 380.06, Flort~ 8:atutem,
aut~rized a~ e~ered to consider pro~eed c~es to the
Pelican ~reh C~nity DRI ~vel~nt Order 95-1 ; a~
#°rds~are additions; ~ordeet~~kare deletions.
-- Zxhtbi¢ 4 --
wH~J~J~, the p~blic notice rec~lremtnCs of Chapter 380 a~ the
Collier C~nCy ~i~ Ordinance have ~en saCiefied~ and
~W. the Collier C~ty ~ of C~nty Mimmi~e~e ham
~ed Ordi~e No. ~?-
, 1997, which
a~ded ~ ~ zon~ for ~he Pelican
Ordinance ~. 95-4 ~ Janua~ 24, 1995~ and
~, ~he ~ssuance of a devel~n= order purluan= =o
C~pter 3e0.0~(19), Florida Statutes, ~l ~t constitute a waiver
of any ~r or rightl r~lrdl~g t~ ll~e of oc~r d~elo~nt
C~issi~rl, i~ ~n ~n ~ltc ~lri~ In Iccor~nce vi~h Section
380.0~, Floridl SCm~u~es, ~vi~ c~sidered WCI's a~llclCion
.No~ice of Pr~eed ~es ~o the Pelican ~rlh
~1~ ~sl~red ~he record of the ~nCm~ ~ or~l evidence
presented ~o C~ ~lller County Planning C~i~sion) the re~rc and
reconciles of C~ Collier C~ncy Pll~t~ C~sston) the
r~r~ ~ rec~ndltions of Collier County
~ardl; the re~r~ ~nd reconditions of the ~Ch~ic Florida
Region~l Plm~i~ C~ncil, ~ ~rd of C~n~y C~tilioners of
Collier ~n~y here~ ~pproves the fo11~ing Pelican ~rsh
C~unic7 ~v~l~nc Order, mi 4~nded=
FI~I~S OF FA~
1. ~e rill pr~er~y khtch is ~M lub~ecC of
legally deicri~d ms se~ forth in Exhibit
2. ~i I~llcl~lon ti consistent rich Subsection 3~0.06(6),
Flor l~ 8~mCuCel,
3. ~e a~licant mu~itted to the County an ~A and
euf~xc~en~ re~see, here~ referred to
which ~ reference t~reto a~e ~de a part hereof to the extent
t~t they are not inconeietent with the te~e and c~d~t~ons of
this Order.
ZC-2
2
~orda ~are addttlone; vords e~4~s~are deletlonm.
4, MCI submitted to the County · Wotice of Proposed
y~=h ~ reference are ~de a Dart hereof Co the extent Chac
are ~c inc~sistent vt~h the temJ and conditions of this Order~
~ a~lican~ pr~ses ~he develo~nt of the Pelican Harsh
~ ~re feet of gr~l fl~r area (~)
~ ~ c~rcial ~i~ -:Ill :~:.;:..::: 2~,
~rciJl us. with ~ co 50.000 ~1 o~ ~dical office ule~
~ ~Cel r~] a~ an SO,D00 ~ ~ ~l~ural Cen~er
(A~Cracti~ Facility) with ?SO seats a~ 400 parkl~
~-2---: -: ..... ;:::, :ad 2~¢. ~e Pelican ~rsh ~dniCv will
~Cain j ~v{B,. of t. lO0 residential ~;;lling unici~
which il within · ~ FPiL easwnc)~~ acres of
S. ~e devel~nc ii c~liltent vi~h the re.ri and
technetics of tM ~PC subleted ~rluanc to 8~lec~ion
3}0.04(12), ~lori~
~. ~ ~vel~nc viii ~ Interfere with ~ achieve~nc
oi c~ ~ecciv~l ol ~he ad~t~d State ~nd ~vel~nc Plan
a~licable to c~ ~rea.
?. A c~rehensive review of the i~acc generated by the
deve l~nc has ken conducted by the ~ppr~rt{te County
depart~nts ~nd {9encies and by Lhe SMFRPC.
8. ~e dev~lo~n~ Is not in ~n ~rea desi~a~eo
Critical {t~te C~cern ~rsu~ co ~he pr~isions of Section
3
~orda ~ are additions; ~orde ~ are deletions.
9. The devslopmenC is consistent vith th~ current 1&nd
development regulations sad tl'~ Oro~h Nanagement Plan of Collier
County,.. as amended.
10. T~e development is consistent vith the State
Comprehensive Plan.
CONCI~B IONS OF
100~, THRRRTORR, BR IT RESOLVED by ihs Board of County
Commissioners o~ Collisr County, Florida, in public mesting, duly
constituted and assembled on this, the 24th day ol ?&nuary. 199S,
that the Pelican ~terah Community Application for Development
Approval subeaitted by #CN is hereby ordered approved, subject to
the following conditions:
1.
The Psllcsn Karsh Community l)evelopment o£ P~cjional
Impact viii lncorporats the follmeing snergy conservation
I. Provision of a cc~binat ion bicycle/pedestrian
syaten connecting all ma}or land uses, to be placed
along collector roads within the project. This
systen viii be consistent vith local government
requirement s.
B. Provision of bicycle racks or storage facilities in
recreational and coen~rcial areas.
C. Cooperation in the locating of bus stops, shelters,
and other passer~sr and ~/stem accommodations for a
transit ayst~ to serve the project area.
D. A~plicant sh~ll encour&gs builders,.
to use energy-ef~icient fsstursa in vindc~
des ign:
(2} Co use operable vindo~s and ceiling lans; and
to install energy.e.4ficient appliances and
equip~ent.
12C-
4
I~ords ~ are additions/ ~ords ~ are deletions.
[. Creation o! deed restrictions0 coven4nts, and
design guidelines that ~ould encourage energ7
conservation efforts.
P. Reduced coverage by asphalt, concrete, rock, and
similar substances in streets, psrklr~g lace, and
other areas to reduce local air temperatures and
reflected ligh~ and hem=.
O. Installation of energW-efficient lighting for
streets, tMrkingareaa, recrea~ion&reaa, and other
interior and exterior public areas.
#. Use of water closets wl~h a maxima flush of 3.5
gallons and shower he&d~ and faucets with a .mxia~m
flo~ rate of 3.0 gallons per minute (at 60 pounds
of pressure per squ~re inch).
I. Selection of native plants, crees, and ocher
vegetaclon and landscape design features that
reduce requires~nts for water, fertilizer,
~incenance, end other needs.
J. Plancin~ of native shade trees to provide
reasonable shade for all recreation areas, streets,
and parking areas.
K. Placement of trees to provide needed shade in the
warmer ~on~hs while not overly reducing the
b~nefits of sunligh~ in ~ cooler months.
Orientation of s~ructures, aa possible, to reduce
solar heat gain by walls and to utilize the natural
cooling effects of the wind.
M. Provision for structural shading wherev r practical
=hen natural shading canno~ be used effectively.
~. Encourage builders to include porch/peris areas in
residential units.
0. Consideration by the project architectural review
coe~aitteeCa) of energy conservation ~eaauree (both
those noted here and others) to assist builders and
~orda ~ are addtCiorm; verde -- - - -
--:-;;.- = are deletions
12C-
2,.
relid~tl in their e~£ortm to ~chieve greater
ermrg~ e~fc~en~ in the d~elopamnt.
A. ~y exca'/atton, de-~cking or Znvam~ve
involvt~ ~ e~ll ~la~ i~d~acely ~sc
lite 8Cr706 (S~ ~tlang 112) m~ll ~ ~nitozed
~-site ~ a ce~ified, profesli~l
~ ~ of t~m m~ivi~y will ~ ~o ~trtfy
~ ~ ~rialm a~ c~m~d within ~ ad~acen~
S. ~ri~ ~itori~, m~ld c~mc~cti~ activities
aC any Ci~ uncover h~n r~ins, C~se tcctvt~its
e~ll cea~ a~ c~ Scats ~c~eol~lsC .~11
~pter t~2. Flori~ 9ta~u~mm.
In accor~e with the ~C~I~ m~r~ed
~llter C~nCy, ~c~mc Flori~ Regional PXannlng
C~ncll, and c~ FZorl~ ~rC~nc of C~nic7
Affairs, WCI ~s co~ucced an analysis of
mffor~ble ~ei~ i~tctm ame~iaCed with
P~lican ~rsh C~i~y, ~hich ~clu~s ~ ~here
is and ~111 ~ an ~de~a~e ~1~ o~ a~fordable
~sin9 proxi~ co ~ pro~ec~ ~o ~eC
d~nds crsa~d ~ ~h~ prolecc ~hr~9~C the life
o~ t~ project. ~twit~tandt~ the results of
Cht~ m~lysls, WCI ~11 ~ntrt~te $50.000 (~nd.)
to the ?irst-Ti~ H~y~r Clo~t~ Cost ~istance
Pr~ram ~lng m~intstered ~ the Collier County
~part~nt of H~mi~ a~ Ur~n I~rove~nt
(~I). ~is contri~tlon s~ll ~ exclusively
used to pr~ide interes~ [re~ ~fe~ed
· ssistmce to ~lifyi~ ~~rs ~or either
cloei~ costs or ~ ~n~l assisted with
Words~areadditions;wordss~.~s~_~.~e~are deletions.
4 o
their purchase loan. Applicsnts ~mst b~ first tinge
~e~zyers emplo./ed by any ~siness i~ted within
the Pal lcan ~reh C~nt ty, including wcI.
~Xtcante ~at ~et aX1 of the ~deX~nee o~ the
prates such aa, ~t ~t limited to, inc~
llmitati~s a~ repaint obligatl~. ~ese funds
e~ll ~ a~lnieter~ ~ t~ ~l for t~
~ itat~ ~e. ~ viii ~ ~ld ~
a~ di~r~ as nee~d ~C t~ ti~ of ~r~al of
each a~ltcnnt. ~ds t~t are
rei~r~ ~ sale or reli~i~ of the
s~11 ~ paid directly to t~ ~ or to an
*~r~rilte ~t- ior-prolit ~tity ~lectd
pr~ti~te m~re i~lN ~c~nt~ to mitigate
devel~nt relat~ aftor~ble ~si~ l~cts,
thim contri~tt~ s~11 ~ cr~lt~ t~ard any
obi igat ions ot~i se i~l~ ~ WCI,
eucces~rs and assize, as a re,lc of devel~nt
in the Pelican ~reh C~nity pro, eot.
contri~:lon e~ll also ~ dee~d to satisfy
entire obligation r~lati~ to affordable ~sing.
A. ~e a~licant ' ~ ......
~s orovtded ~or t~ ~nation of the ff~
of the Pelican ~reh Ela~nta~ Sc~! to
~llier Co. tv Sc~l ~rd. The Pelican
El~n~a~ Sc~i ~mimtt~ of 14~.200 m~are feel_
of arose flor area ~$ ~an connt~cted on
site and in in ~rltion. ~e Collier County
Office of E~roen~ Manaoe~n~ has
7
~ords ~ are additions; ~ords ~ are deletions.
c~le~es ~he a~lican~,s obIioacion
hurricane sh~l~er s~ca for ~he residen~s of ~h~
Pmlic~ ~rsh
-.~-. _~ ~~ , ~_~-~ ~ ·
~'.~, .;~aa_ ~ . .~ _
~,.~. ,~v; ~ L ~ ~-----~.
The a~l icant, or ~e P~ti~ of
P~llcan ~rsh (pretty ~ers Issxt~;ion)
annual 17 discribu~e ~o all resid~ncs Collier
County's 'Hurricane Info~Cion- ~nC, ~hich
provides tnfom~ion on c~e need ~or residen~s
evacuate, preparations ~cr an a~roaching
a~ hurricane eva~a~lon r~es, .~ld residen~s
~.ire ~o leave ~he devel~n~.
12C-2
8
W°rds~are additions; ~ordae~a_~~are dele=ions.
~. The hotel ~n~9~nt shall distribute Collier
County'· 'Hurricane Information' document in the
event of a hurricane e~ergency. At a minimum,
hotel management shall recommend early evacuation
for all rooms at elevations belo~ 14.8 feet NGVD.
Hotel management shall:
(1) evacuate all guests;
(2) provide shelter space for evacuated guests in
upper floor interior hallvays and unoccupied
roosm not exposed to direct wind la.act; or
(3) direct guests to shelters in the project.
D. Th~ applicant shall meet with the Collier County
Office of Emergency Management, ae appropriate, to
coordinate the uae of any excess shelter apace (if
available) by the qeneral public.
All deeds to property located within the Pelican
Marsh Co~sunity shall be accompanied by
disclosure atate~ent in the form of a covenant
stating that the property ia located in a hurricane
vulnerability zone, that the hurricane eva~uation
clearance time ~or Collier County or the
~lorida Region is high. and/or hurricane shelter
space· are limited,
All unit· will be required to have fine·hsd first
floor elevations at or above 11.0 feet due to
and ~EMA requlr~ent· for water m~nagement and .
~lood control. Th£a elevation require 'est results
in the unit· being above 11.0 feet, the minimum
Category I Flood Zone according :o SLOSH, which
enable· them to qualify for vertical evacuation
under the Special Hurricane Preparedness District
in Rule 9J-2.025&, Florida Administrative Code.
All coe~ttments made by the applicant within the
ADA and subsequent sufficiency round Information,
~ord$ ~ are addition~; ~ords et~-aek~ are deletions.
with the above recc~mnend~tions,
incorporated into the development
conditions for approval.
Bo
Do
related to Ouemtton l~ (Floodplminm) and Ouemtion
23 [Hurricane Preparednemm), and not in conflict
shall be_
order as
If all mitigation credicl pmrmitced within the
Cocoh~tchee Strand Mitigation Bank arm d~pleced to
offset ~etland impac~m vithin the Siml~D
~urtmdictional areas mitigation activities for
wetland impacts mhall be performed elme~heze (e.g.
on or off-mite}. Off-site mitigation
recoemmended, but not required to be a single
couti~uous parcel located in the south (below
Alligator Alley) klia Nemd~ area, within or
adjacent to th~ Corkecrer~ P~egional ~cosystem
Watershed Conservation and Recreational Lands
project boundary, or within mn approved ~etland
mitigation bank.
As an alterrmtive to 'A' above, the applicant may
increase the on-site wetland premerve to meet the
avoidance mnd wetlande impact reduction criteria of
the wetland regulatory agencies. On-site preserves
are recommended to be connected ~o that a large
contiguous habitat preserve is established. These
mitigation activities mmy be mubJe, t to review
through a Notice of Change procems pursuant to
Subsection 380.05(19)0 Florida Statutes.
All reserve areas shall be designated as preserve
and protectedbyappropriate restrictive easements,
deed restrictions and covenantm0 or designation as
preservation tracts.
Nm}or recreational !acilitiem much as tennis
co~rca, barbecues, gazebos, recreational shelters,
10
~orde ~are additions~ words~are deletions.
12C-2
restroo~, m~tming pools, recreaticm centers,
=huffle~rd c~rt,, etc. ~11 ~ prohibited
t~ referenc~ res~rictive ease~ncs or deed
restrictions in presets areas.
E. ~e Xeric Scab ~eee~e area e~ll ~ protected
fr~ la~eca~ irrigation ~ adjacent areas, such
as ~ golf c~rse.
~. I~c=s ~o g~her =or=olses s~ll ~ ~ini~ized
r~l~a~iW all ~o~oisls ~o l~a~i~s within =he
~lf ~rse a~ as~ia~ed ~n s~ce areas, or
~ Xeric ~ ~e~e area.
O. All c~i~n~, male ~ ~ a~lican=, within =he
~A a~ e~se~en~ ~fficien~ r~ info~ation,
rela=~ =o ~eo~i~s 12 ~ 13 {V~e~a=i~ and
rec~~i~s, shall ~ inco~ra~ed ao
co~t~ior, s for a~r~al.
Rede a~ rel~a~ on-sl~e lis~ed plan~ s~ctes
~he ex,eat practicable durln9 cons~c=ion.
SOLID/~8/~i~ W~
A. ~y ~sines~ l~a~d ~i~hin =he Pelican Marsh
~vel~n~, which g~nera~es ~zar~s waste
~fined ~ Flori~ 8~a~u~es, ~ubsec~t~ 403.703(21}
a~ Rule 17-710.0~0, Flori~ ~lnis=ra=ive
s~ll ~ res~nsible for ~ ~e~ra~ s=orage,
si=lng and pr~r dis~sal of ~he ~z.rd~s was=e
generated ~ such businesses. H~ver, ~here shall
~ no si~l~ of ~z~r~s waste s~orage facilt=les
con~ra~ ~o Collier C~n~y ~ning R~la~tons.
B. ~eas wi=bin ~ildl~s w~re ~zar~s m~erials or
waste are co ~ used, displayed, ~dled, genera=ed
or s=ored s~ll ~ co~=~c=~d wi~h
fl~rs, wt~h ade~a=e flor drains l~adlng
s~ra~e l~tous ~ldi~ facilities which are
11
Words ~ are additions; words ~ are deletions.
of any spill, leakage, or contaminated water.
C. There shall be no c~tside storage o{ bio hazardous
or ~dical
D. ~e a~lican~ s~ll ensure C~ a con~rac~or
available to provide ~in~e~ce of grease ~rap
eys~m assisted rich restaurants a~
ee~ablis~n~e.
F. Pacili~ies ~aliiying ~er t~ S~rfund
a~nts Reau~ri~ati~ ~ts (~) ~itla III
l~lt, a~ t~ ~lorl~ ~zar~s ~tertals ~rgen~
~se a~ ~nlty Right to ~ ~t of 1988,
a~llcations in accor~nce rich a~ltcable state
a~ federa2 r~lattone. ~licati~e shall
,l~ted a~uall~ ~ each re~i~ [acili~y.
O. No facili~iee are n~eded ior ~ndli~, generation
a~/or e~rqenciee other t~ no~lly
vith ~dtcal ollices as a ~it~ed use in the
offlc~ die~rict. If any such use d~o exist,
· ~11 abide ~ all a~licable ~ederal, eCa~e and
l~al re~lre~nca.
A. ~e ~lon of t~ ~ater ~ur~ace ~aC~r ~nage~nt
System for Chose ~rtions of the Pelican ~arsh
~nt~y ~ot st At~rt-~llin9 R~d ~ve ~en
previously ~i~ted ~ the ~uth Florida Ha~er
~nage~r,t District. T~t ~rtion of ~he
devel~nt l~aced eas~ of ~-~llin9 Road
~s ~t yet ~ve an a~r~ed ~ater
Plan. Prior co the issuance of a cur[ace racer
m~ge~nt ~it for the area east o[ Ai~rt-
12
~rds ~ are a~itions; ~r~ ~ are deletions.
Pullin~ ~oad, ~b, si~plicant sh~11 resolve, ~o
to we~X~nd Supranational del~neat~onm, i~aote
devel~nt to w~t land areem, eu~ittal o~
mitl~ati~ plan for ~tla~ l~ct~,
~erific~tl~ t~t pr~sed c~trol elastics
~tla~ pz~ecti~ ~r~nt to S~ c~ite~i~.
~g~nt Di~t~ic~ ~ter use ~it for
pr~ed ~a~eri~ ~ctiviti~e, ~i~t~ ~ith the
c~cti~ o~ pro)ect l~kee a~/or ~d or
pr~l~ly a~r~d ~ tM District.
c. At t~ t~ of ~it a~licati~ for tM area
of Alert - ~lling R~d, th~ a~licant ~11
pr~ide a fl~plain mitigation pr~sal to
Dt~t~lc~ staff, fo~ any ~rtion o~ t]~ re~ini~
devel~nt where fl~plain encr~c~nt
pr~sed.
D. At the tl~ of S~ const ~ct ion ~rmit
a~lication for ~h. area e~st of Ai~rt-~llin9
Road, ~he applicant sM1 1 pr~i~ · detailed
s~age/stor~ge cll~l~tions to Oistrict staff.
E. At t~ t i~ of S~ const ~ction ~it
application for the area east of Ai~rt-~llin9
Road, the a~licant s~ll ~ re~ired to
de~nstrate ~o the staffs of the ~utb Florida
Water ~9e~nt District and Collier County that
pr~sed control elevations of water ~nage~nt
areas ad~acent to ~t lands pr~ide ads,ate
hydro~r i~s to ensure continued envtron~ntal
t4ords~are additions; ~ordse~f~-t~,~hare deletions.
he~lth o! on-site ~..tlends, pursuant to
criteria.
F. At t~ tt~ of ~lc a~ltc~tion for ~he ~re~
d~ra~e c~t the ca.city of t~ pr~sed
receivi~ ~ies (~he li~r~ ~d ~al and the
I~kalee ko~d Ca~I) are ~fficient to
t~ pr~d diec~rge volu~s.
~. ~treat~nt of the firmt 1/2 inch o~ ~ft
~ r~lred for all c~rcial areas ~ithln the
Pelican ~rmh C~nlty, ~lesm t~ s~llcmt
pr~idem readable assurances t~t h~zardous
~teri~lm will not ~ 9enerated, used, or stored
within su~h areas.
H. ~e ~st-develo~nt sto~ater ~nag~nt system
s~ll pr~ide ~or limitation o~ the
devel~nt ~*k dimc~rge rate to the ~tfa]lm
m rate e~l to, or less t~n, t~ pre-devel~nt
rate for ~.he 25-yoar, ]-~y sto~ event.
I. Blevmtion, corres~nding to m 100.-year fl~ shall
~ used to set mini~m ~ilding elevations on the
site, takt~ into accent the ~c~ater elevations
along the varies ~-eite
J. Best ~nage~nt practice~ ~or water ~mlity shall
~ included on con~t~cti~ plan~ ~or devel~nt
and shall ~ su~itted to Collier C~nty and the
~uth ?lori~ water Manage~t District for review
a~ a~roval.
All intemal nto~a~r ~ge~nt lakes and
ditches s~ll ~ inclu~d in recorded drainage
mase~ncs. ~to~at~r ~aken s~11 include ade~ate
~intenance ease~nts ar~d th~ lakes, with access
co a paved roadway.
14
Words ~ are additions~ words ~ are deletions.
Os
t~ring construction activlt{es, the appI{csnt shall
e~ploy ~t ~e~nt pracCice~ for ~rom~on and
sedi~ntat ion control.
included with, or presented ~, all c~st~ction
plans, and
i~r~ri~e age~ies prior to ~ir i~le~n~ton.
~y ~st~ctl~ ~rl~ silt ~rriers or ~y ~les,
~ a~ a~r ~il, as well as ac~lat~ slit,
gi~ber c~ a~lican~ or the en~i~ies re~nsible
~or Cbs s~cific c~s~c~iom ac~ivi~ies ~iri~
~se ~asures s~ll asa~ re~nsibili~y for
having tD~em ~m~ved upon cc~letion of
c~s t z~ct l on.
~ m~reltne ~nkl created al~ ~-Ilte
stor~vater lakes or vet detention areas ah&Il
include littoral zones constructed as required by
District per~ltting criteria and shall be planted
in native emergent or sub.argent aquatic
vegetation. The applicant shall ensure, ~/
supplemental replanting if necessary, that at least
80% cover by native aquatic vegetation is
established within the lit:oral zvne for the
duration of the pro)ecl, unless an alternative is
permitted by 8PlhlD.
The applicant, its successors or assigns shall
conduct annual inspections of the mtorn~acer
management systems within the Pelican Marsh
Community in order to ensure that the systems are
being maintained in keeping with the final approved
design, and that the aysteam are capable of
accc~pliehing the level of stormwater storage and
treatment for which they were intended.
~ord~Mll~are additions; words eA~-ee4e-,4w~are deletions.
P. The spplicsnc shall design the proposed surface
wsC~r ~r~ge~nc sylte~m in s ~nner that avoids
i~paccing plant and/or tni~l i~ciei listed by the
U,S. Fish and ~ildli~e ~ice or ~he Florida
a~ Fresh Water Fish ~imston. ~ere such
i~ctm are not avoi~ble, the a~licant shall
pr~ide ~tigation which matim~ies the re~ire~nts
of t~ ~uth ~lo~l~ Niter ~ge~nt Oimtr~ct and
Collier ~nty,
· ~lic~n~ s~11 snc~r~ge priv~s ~rcel ~ers
~ithln the devel~nt to institute
sc~led vagus ~l~ of ~eir
streets a~/or parkin9
~e ~llc~n~ s~ll participle in any ongoing or
future *ffor~s ~ ~lller C~n~y ~o es~iblish a
c~n~lde sCo~a~er ~nage~n~
S. Ditch and swale sl~s shall ~ demised to
mlnt~tz~ disc~rges so t~t these f~ilitlem ~y
pr~id~ m~ ~itio~l water ~altty tre~nt
prior to dlsc~rg~. Treat~nt ~ales s~ll
planted with 9rmms and/or a~r~riate nat ire
vegeCat ion.
T. The grassed stoma:er treat~nt areas shall
~ed on a r~1ar ~ets as part of the ~ml la~
~intenance of t~ develo~n:. ~y ~brts
~y ack.discs In pro}ect lakes, ditches or
or ~hich ~y interfere ~ith the noel fl~ of
water :hr~gh disc~rge st~ctures and underdrain
systems, shall ~ cleaned from the
l&
words i~ are additions; ~ords ~ are deletions.
dstentton/retention areas on a regular basis. Any
erosion to banks should be rep, ired imm~diately.
U. Und~rdrain systems and grease baffles in commercial
areas sh~l i b~. inspected and cleaned and/or
repaired on a regular basis. In no instance shall
the period between such inspections exceed eighteen
months.
v. Storuwater Management System maintenance
requirements sh~ll include eradication of ~osquito
productive nuisance plant species (water lettuce,
water hyacinth, catta£1s, and primrose willows)
fro~ all ~/stem nodes, reaches, and percolation
basins, as well as fro~ the lake littoral zones
~l~ in the syate~.
il. To the extent consistent with applicable ItO~water
~r~mge~nt system and environ~ntal regulations,
any isolated wadir~g bird "~ols" constructed in
lake littorsl zones shall be excavated to a depth
which pr~idea aquatic habitat for mosquito larvae
predators, much as Gaml:msia affinis.
X. All coa~itm~nts ude by the applicant with the ADA.
&nd subsequent su f fic fancy round lnfor~mt ion,
related Co 0~emtion 14 (%~ater) and 0uestion 19
(Sto~-mwater Nanage~e. at), ar~ not in conflict with
the above recoa~ndationa, shall be Incorporated in
the Collier County D~velop~ent Order as conditions
for approval.
8. TIA~SPORTATXOM
A. The applicant, its successors or assiga shall be
fully responsible for site-tel&ted r~dway and
intersect ion i~pr~emenCs required within the
Pelican Marsh Co~munity DRi. The applicant shall
be required to pay its proportionate share of the
cost for any interme~tion lmprovsments (including
17
Words ~ are additions; w~rds ~ are deletions.
120'-2!4
but not limited to signalization, tuz~ lanes, end
additional side mtreec or driv~ay through lanes)
f~r,d to be necessary by Collier ~unty or the
Florida Depart~nt of Transportation (FIX)T) for the
project's access intersect ions onto U.S. 41,
Vanderbilt [~each Road including its gxtenlion,
Airpor~-Pulling Road, Immokalee Jtoad and Livinglton
Road. ~ccess to ooodlette-Frank Road will be
limited to ~aintenance accesl only. The site
access points sh~ll be located and developed
consistent with I~DOT's and Collier County's access
~anage~ent standards and
unless other~ise approved by she Florida Depart~n~
of Tran~portation and/or Collier County.
Th~ follo~in~ roadways and intersections are
pro}ected to be significantly impacted by the
Pelican ~arsh Coe~vniCy ¢5% of LOS D0 peak hour-
peek season) amd ere forecasted to fall belo~ she
adopted level of service stand~rd prior ~o pro,act
build-out.
( i ) ~OAi~AYS
1) Airport-Pulling
-North Coaasuni~y ~ntrance to ~muth
Community Entrance
-South Coaewunit¥ ~ntrance to Vanderbll~ Beach
Ro~d
-¥anderbll~ Beach Road ~o Pine Ridge Road
-Pine Ridge Road to Oolden ~ate Parkway
2) ~k~mdle~te- Frank Io~d
-Pine Ridge Ro~d to Solana Ro~d
-Solana Road to Golden Gate Parkway
3) Y~aaok~lee itoad
-U.S. 41 ~o Goodlet~e-Frank Road
-Goodlette-Frank Road to Airport-Pulling ROad
are additions; ~ords e~-~elt-~k are deletions.
12C-2'
(iii{
-Llvingmton Road t:o
4) U.S. 41.
-Old U,8. 41 io l~kal{e R,o~d
1) u.g. ~l/Old U.S,
2) U.S. 41/Mi~lns Pass
3) U.S. 41/l~kalee ~d
4) ~.S. %l/C~nl~ Entrance
5) U.S. 41/Va~erb~l=
7) Ai~r=-~lli~ R~d/~r=h
~trance
S) Alert -~llin
~) I~kilee ~d/~le~e-FFm~
12) Pine ~l~e R~d/~le~e-FFmnk
~4) I-~S hs~/I~kmlee Road
En~ rance)
~n~
In addition ~o ~he a~e-lis~ed r~d se~n~s
a~ in~ersec~ ions,
~y ~ve a s~ifican~ i~c~ on ~he foll~ing
r~d s~n~s and
pro~ec~ ~ild~.
1-75
19
additions; words~are deletions.
-Pine Ridge Road to Green Boulevard
-bo<Jan Boulevard/Pine I~ldga Road
-Ix>gan Boulevard/¥anderbllt Beach Romd
~ later than ninety (90} days roll.lng
c~le:ion of Phase ~e o[ t~ Pelican Marsh
C~ni:y as de[ined in the DRI/~A,
a~ltcant or its succee~r(a) or assize shall
c~uct a crallic study Co dateline if the
Pelican ~rsh C~nity ~ill ~ve, at Pro~ect
~il~t, a si~ificant traffic l~ct
these listed roa~ay s~nts and
intersect ions.
~e ~t~ol~ ~or the traffic etu~ ~ill
m~ltted for revi~ a~ c~nt to
~th~ee: Flori~ Regt~l Pla~i~ C~ncll,
the Flori~ ~part~nt ot C~nity Affairs,
~lori~ ~part~nt of Tran~rtati~, and the
Collier C~nty Trans~rtatl~ Division, prior
to initiation of the study. The traffic study
will Include ~ak h~r and 14-~r traffic
c~nts at all ProSect entrances/exits and
include an origin-desti~t ion ~ey
~tortscs enteri~ a~ exiti~ the Pelican
Pelican ~reh ~tortste, t~ mtudy ~tll
dateline If the Project will ~ve
buildout, a significant l~ct on :he
under study. Significant i~act la oeftned as
sec forth ~I~ in 8.1.
In the even~ c~: ~he traffic study indicates
tMt the Pelican ~rsa C~nity will have,
~il~c, a significant t~act on ~y listed
se~n: or intersection, t~n that saint or
20
are a~ttlons; ~rds ~ are deletions.
intersection shall be de~d added to the list
of significantly teps¢ced road sei~ments and
intersections listed in p~ragr~ph 8.B. (i) or
(ii) ~ve, ~nd the ProSect s~11 ~ subject
to all ~velo~nt Order mti~lati~ relative
to r~ys for t~t s~nt or intersection.
In the e'~ent that t~ traffic mtu~ l~icatem
t~t the P~lic~n ~rsh C~nity will ~t
h~ve, aC ~il~t, a mi~lfic~nt i~ct on Iny
1 imtg meant or lntermectl~, then the
Project s~11 not ~ subject to any further
c~it l~m, mt l~lat l~m, or ~rren~
~9~nt for ~hat s~nt or lntersecti~.
~e c~leted traffic mt~y s~11 ~ .~ttted
to the ~uth~mt Florida Regt~al Pl~nni~
C~ncil, Florida ~rC~n~ of C~niCy
Affairs, Florida ~rC~nC of ~an~rc~cion,
and the Col 1 l~r C~nty Tran~rta c ion
Division.
Based on the trans~rtation assese~nt of
el~ificant pro}e¢~ i~acte, conet~cti~ of the
toll~tng trans~rt ~tion i~r~e~nte or acceptable
substitutes or slternat ives e~ll ~ needed
coincident with, devel~nt o[ the Pelican ~rsh
G~ni~y DRI, if a~ted level o~ ee~ice
caiti~s irs to N ~intalned thigh ~tld~t
(2o08I on significantly i~acted r~tonal road
seance aM intersections.
12g-2
Phase ! (2000)
Atr~rt-Pulling Road
-North Cc~s~ulity Entrance ~o #tden co ~ lanes*
8ouch Coemunity Entrance
-South Coe~mtty Entrance to Widen to $ lanes*
Vanderbllt Beach Road
21
Worde~are additions; words~aredelettons.
-Vanderbilt Beach Road to
Pine Ridge Road
Widen to 6 lanes*
· or widen U.S. 41 (Myrtle Road to Zmmokalee Ro.d) to $ lanes
if.deemed an aF~ropriate alternative by KxTr.
u.s
U.S
U.S
41/Old U.S. 41
41/Wiggins Pass
41/I~kalee Road
-Westbound dual left turn lanes
-Signal retiming
-Signal rettmin9
-~orth and southbound
through lanes
-Sisal rettsir~
U.8. 41/Coessunit¥ ~ntrance -North and ~thbound th~o~h libel
tu~ a~ t~h/right lanes
-Sisal, if
U.S. 41/Va~erbllt ~ch ~ad -North a~ ~t~ through
lanes
I~kalee ~d/Ai~rt-~lli~ Ro~d -Si~l
ll~rt-~lll~ ~d/~rth -~st~ left rum l~e
~.,,aity ~trance -~st~ right
Alr~rt-~lli~ Road/~uth -North and s~t~
C~munity Entrance rum lanes
-~rch and e~t~ right
rum lanes
-East and weet~nd lelt turn
lanes
-East and ~st~und right turn
lanes
lanes
-Sig~l, if ~arranted
Airport-Pulling Road/
Vanderbllt Beach Drive
-Signal, if warranted
AirT~rt-Pulling
Rid9. Road
-Signal retiming
In~nokalee Ro&d/Goodlette
Frank Road
-S~gnal reciming
Pine Ridge Road/Goodlette-
Frank Road
1-75 Wemt/Immokalee Road
1-75 Eaet/Iam~)kalee Road
Vanderbilt Beach Road/
C~unity Welt Entrance
Bu£1dout (2008)
-Northbound through line
-Southbound right turn lane
-Signal retimin9
-Signal, if warranted
-Signal, if warranted
-Eastbound left turn lane
-WestL<)und right turn lane
-Soutf.lx~und left turn lane
-Southl~und right turn lane
-Signal, if warranted
22
Words~ are additions; wordl~are deletions.
Alrport-~ulll~g ~d
-North Con~mnit¥ ~ntrance to
South Co~unity Entrance
#tden to ~ lanes
-South Coamunity Entrance to widen to & lanes
Vanderbilt Beach Road
-Vanderbilt Beach Road to
Pine Ridge Road
Widen to 6 lanes
-Pine P.t~je Road to ~olden
(late Pazkvay
#Eden to 8 lanes*
*or con~truct blvlngaton Road (Pine Ridge Road Co *olden Gate
Parkway)
-Pin~ Rl~e Roa~ to
Road
Widen to 6 lar~a
Parkvay
Widen to i lanes
-U.S. 41 to Ooodlette-Frank
Road
Widen co 6 lanes or
alternatively, construct
van~erbilt ~each Road
~xcermion
-Ooodlette-grank Road to
Airport-Pulling Road
widen to 6 lanes or
alternatively, constr~c~
Vanderbllt Beach Road
£xtermion
-Livingston Road to 1-75
widen to 6 lanes*
*or construct Vanderbilt Beach Road (U.S. 41 Co Airport Road}
U.s. 41
-Old U.S. 41 to Im~okalee
Road
Widen to $ lanes or alterna-
tively, construct Livingston
Road Extension
U.S. 41/Old U.S. 41
-Rorth and southbound through lanes
-Signal ret lming
U.S. 41/Wiggins Pass
-North and southbound through lanes
-Restripeeaat and w~atbour~ for
left turn and through/right
lanes
-Signal retiaing
41/bmok~lee ~oad
-North and eastbound dual left turn lanes
-Bi,hal retiaing
U.S. 41/Comunlty ~ntrance
-westbound right turn lane
-Signal retiming
41/Va~derbllt Beach Road
-~<~uttdmcadnd dual left turn lanes
-Eastbound left turn lane
-Westbound left turn lane
23
~ord~M~aze additions; ~orda~ee~-M~ea~baredeletions.
Xsmokslea ~oad/AirporC-
PullX~ ~oad
Airport- PullLnq Road/Worth
Catty ~ntrance
Airport- i~alXA~g Boad/~outh
Comami tM ~atrance
~t rport- pullAng load/
Vand~rbAlt Boaeh Drive
Airl~rt*P~11Luglt~d/Pine
Road
Y~kalee hd/OoodleCCe-
Road
Pine ~Ad~e Road/OoodlecCe-
Fra~ P~ad
-Westbound right turn lane
-Signal retislng
-~orthbounddual left cum lanes
-westbound dual left cum lanes
-Signal reciming
-Westbound left turn lane
-westbound through lane
-westbound right turn lane
-Eastbound through lane
-~orthbound right turn lane
-Southbound left cum lane
-Signal retimir~
-Sigrml retimtng
-Retch and ~tl~lmo~m~ through lanes
-Signal retimin9
-Network exl~ansion*
-Sl~mal retimi~
-East ar.t westbound through lanes
-March--dual left t~ l~es-~rt~ right tu~ lane
-North and southbound through lanes
-Kec~ork e~panston*-Signal retiming
*Network expansion, including Vanderbilt Be&thRead Extension
and/or Livingston Road Extension, potential grade separation.
X-?S Weet/~kalee Ito~d
X-'75 East/X~kalee Road
~mmoka 1 ee ~ad/Llvings to~
·oad (CClm~mzit~ ~trm~e)
Vanderbilt Beach Road/
Co~mi~tty Wast ~ntrance
VanderbAlt Beach Road/
~omm~ty ~aat ~ntr~e
-Bast and ~estbound through lanes
-Signal retimin9
-gasC end ~eetbound through lanes
-Eastbound dual left turn lanes-Sigrml reCiming
-gaet and ~eetbound tl~rough lat~a
-Eastbound right turn lane-Westbound left turn lane-Northbound left turn lane-Northbound right turn lane-Signal, if valanced
-East and ~estbound through lanem
-Signal retiming
-Eaechound left turn lane
-East a~d ~eetboun~ through
lanes
-#eetboun~ right turn lane
-Southbou~ le~t tu~ lane
-~t~ t~h/tight lane
-8i~1, if valanced
24
~crrd~~are additions; ~orda~aredelet£ons.
1 C-2
The spplicant sh~ll mitigate its impacts on the
regional and local roadway and intermect ionm
identified herein am roll.m:
(i) The A~lic~nt s~ll ~ke the site related
k~r~e~ntm s~cified in e.A. hereof.
(ii) ~ ~lic~nt s~ll pray its pr~rti~ate
s~re of intermecti~ i~r~n~s a~
access ~in~s ~o ~lic r~ys s~cified in
(iii) ~ ~lican~ s~ll ~ ~b}e~ to all lawfully
a~ cra~a~i~ i~c~ fees.
C~rren~ ~g~n~ Syst~ of ~he C~n~y
se~ forth ~rein.
~ r~l~l r~ay s~n~s a~ in~ersec~ions on
which ~his project ~s si~tflcan~ i~ac~s are
w~lly within the Juri~icti~ of Collier C~nty
(or pu~ses of c~rr~n~ ~n~g~nt. ~ C~nty
h~s ~de the decimion to plan for ~nd ~n~ge the
l~ctm of thim DRI thr~gh its duly adopted
c~rehensiv~ plan. ~e C~nty ~s considered the
regio~l roadway ee~nts ~ regio~l roadway
intermectionm met ~orth in B,B. hereof, ~nd has
det~ined to re. Ire the pro)eot to ~ subS~ct to
· nd to c~ly with t~ Con~rren~ ~n~ge~nt
System (~) of Colller C~nty ~s ~ted in its
Or.th ~g~nt Plan ~nd i~le~nted ~ the
~e~ate FIcilities Ordi~nce (APF) Ordinance No.
~)-Bi. a c~y of which ts ~ttached hereto
~tbtt 'C'. After due c~id~rmtion of the
· lte~t~ves, the C~nty ~m detemin~ t~t to
re. ire c~ll~nce with co~rren~ ~s ~ted
t~ ~. in a~ition to the other mittgmttons
re~ired in ~ h~reof, is the a~ropriite w~y to
12C-2'
25
~o~ M~ are additions; ~ords ~ are deletions.
_A
Po
accom~date the i~p~cts of this pro}sci and co
allure chat transportation facilities are provided
concurrently with the transportation impacts of
this pro~)ect.
The Adequate Public Facilities Ordinance (APF)
reci~ires the Gro~h Manaqement Director to complete
an Annual Update and Inventory Report (AUIR) by
August lat of each year on roads and public
facilities based on the adopted l~vsl of service.
The apglicant shall provide within fifteen (15!
days of publication each year a co~y of said AUIR
on the regional facilities set forth in 8.B. to the
~outhweat Florida Regional Planning Council and the
Florida D~partmnt of Co~aunity Affairs (DCA).
Th~ Board of County Commissioners is required by
the APF to establish Areas of Blgnificsnt Influence
lA, I) around any road segment or intersection which
ia operating at an unacceptable level of service
(LOS) or ia pro)ected to operate at an unaccepted
LOS and ia not scheduled for improvement in the
Capital Improvement Element {CIE) of the
Comprehensive Plan in a manner and time which would
provide facilities concurrent with the impacts of
development pursuant to the APP. Projects within
the boundaries of an A~I are, with few exceptions
not relevant herein, prohibited from obtaining
further Certificates of Public Facility Adequacy
that would allow impacts to exceed the remaining
capacity, if any, of these road segments or
additional impacts to the defl.~ient or potentially
deficient facility. The ap~licant shall notify
SWFRPC and DCA within fiv~ (5) working days after
receipt of .~ctice of a public hearing to determine
are additiona~ words ~ are deletions.
the boundaries of any ASI on any facilities listed
in Sect ion 8.Bo hereof,
If mn¥ of the road segm~entm identified in thim
paragraph 8.B. ~c~ deficien~, the ~ncy shall
e~tmblish an ~ea of Si~i[icant Influence at,nd
· uch ~nt ~reuant to criteria set [orth in the
In a~lti~ to the pr~leione of t~ ~llier
{i) ~ ~lican ~reh C~i~y ~l~n~ of
~dL~e ~. 9]-82 al C~C ~i~ eXtl~
~ c~ e~fec~lve ~Ce her~f. ~y a~n~
Ordin~nce ~ Collier C~n~y shall not
effective or a~lied to ~ ~I ~less and
lnco~r~e ~nd tenor ~ltc~ble ~ch
or ~en~n~s ~o ~he APF Ordinance.
(t~) In ~ even~ ~t Collier C~n~y deet~es an
~l er~ ~ deficien~ r~d m~nc c~
predicted co ~ eube~an~i~lly i~c~ed
~elican ~rmh, a~ ~he ~Z ~s ~ inclu~
~hi, ~Z, ~n the a~lic~nt e~ll ~ re~ired
~o file · ~tice of ~e of this Devel~nt
Order -i~h Collier County, ~he ~th~es~
Florid~ Regional Plennin9 Council, ~nd the
(til~ ~ ~licanc e~ll file a ~lce of ~e
~ichin sixty (6~) days fr~ ~ ~e
County cre~em an ~l for such a def~cient
ro~d eeg~nt thac excludes ~he DRI. The
27
Word~ ~ are additions~ ~ordo ~ are deleciona.
mpglicant sh~ll file with th~ i~otice of
infomti~ mtte~tt~ to emtablimh tbt the
DRI is not ~vin9 a mubmtanttal t~ct
the ~rt i~nt r~d s~nt, or other
jumtificati~ of t~ C~nty's exclusl~ of the
for a~ ~fici~nt ~ m~nt .limtg
Par~aph S.B. of this ~sl~t ~r t~t
~m ~t incl~ t~ P~licsn ~rmh ~I,
~l s~ll ~ ~ly for or
furor ~enificatem of ~lic [acility
hearl~ ~ this ~tice of ~e ~r~ant to
Bu~ectlon l~O.Oi (ll] {f), ~lortda 8tatutem
the c~e lm ~t~d ~ Collier
pr~eed; or i2) until ~ny s~al of such
decimi~ to t~ Flori~ ~
~udic~to~ C~tsmion is re~lv~.
(iv) For ~ses of chim ~el~nt
DRI s~ll ~ dee~d to ~e a mi~tficant
l~act u~n a deflcimnt road ~e~nt If its
traffic i~ac~s exceed live ~rcent
~ D, ~lk ~r-~ak m~lm~, ca,city of the
roa~ay.
~e C~nty s~11 provide ~he re~imlte ~bltc
notice and hold a p~lic hearing on the Notice
of C~nge ~s e~ditioualy as psmtble.
Foll~i~ a p~lic ~ari~, Collier C~n~y
record its dete~ina~ion ~ther oz not the
~I im ~vi~ ~ m~mt~ntitl i~act
~rds ~ are a~lCionm; ~ ~ are delecionm.
......................... J _ _1l ....................... Li ..... iiijl_~m
lzC' Z'
deficient road segment or othervile ihould not
be. included within ·n A~! for the deficient
road segment° I~ ~king ~his de~er~i~ion,
ch· C~nCy I~ll include ~he i~cCl resulting
fr~ ~11 devel~nt to ~r ~lu~nt co the
previ~lly ii.ed co C~ ~I. ~ ~n~
~r~t to Gubeecti~ )80.0G(ll) ~ hcti~
380.07, FIoci~ SCltutel.
(vi) If ~ither ~ ~ ~ pl~ici~te In t~
~lic Miri~ on ~ ~tice of h~e
~r~nt to Svbsecti~ 380.0~(19)(f), Flori~
8tltutel ~nd the c~e il ~ ~ ~llier
~nty ~e p~ied, the ~I ~y ~ ls~
Certificates o! Public P·clllty Adequacy
fol lo~i~ the County' · Development Order
decision. Ii either DCA or ~fltPC
participates in the public he·rir~, the
applicant s~ll not apply for or be i·sueg
Certificates of Public Facility Adequacy until
the deadline for any appe·l ol the Collier
County decision has expired pu.vsuant to
8action )80.07, ?lorlda Statute· end no appeal
has b~en filed.
Collier County and the applicant may consider other
options to pro,ride adeq-~a~e commitments for need~.d
improvements to transport·riot,, ~acilltie· set forth
in 8.B. hereof provided cr~t said options m~et :he
[ol lowl ~] criteria:
The transpor~&tlon i~p·c:· Co th~ roads and
intersections out li~d herein shall b~
addressed consis~en~ wi~h S~FRPC policies and
said ope. ions or mi:lgatiYe m~asurea shall be
29
additions; words ~e4~e4w~are deletions.
adopted in accordance with 9ections 1;3.3220-
15).3243, Florida Statutes, which authorize
local government developemnt agreements or as
authorized by ~ule 9J-2.0255,
~inist rative C~e. Trans~rtati~ Poli~
Rule.
~l~ an a~l ~ralfic ~l~ori~ r~ ~o ~he
foll~i~ ~n:i~ies: Collier C~nty, Flori~
~~nt of Tra~r~a~t~ {~}. Florida
s~it~ed one year ~f~er ~ ~e of
of ~hts DRI ~v~lo~nt Order. Re~r~s
pro~ec~.
~e ~nnu~l traffic ~nl~orin9 re~rt ~lll con~in
~h~ roll,in9 infor~ion:
all site access ~intl ~to U.8. 41,
Venderbt I t Beach Road and itl ~tenlion,
l~kal~e Road, and Livingston Road. and a
com~rlson of tha Pro~ct's ~amur~d trip
9eneration to the Pro~t's trip g~neration
ass~d in the DRI
(fi} A su~ of the status of road
assu~d to ~ c~itt~ in th~ ~A, includin9
3O
Words ~ are additions; words ~ are deletions.
· .L / C- Z.
12C-2
Airport Road ~old~n Oate Pku/ (I, 1994/95
U.g. 41 l~lee Rd to 6b 1997/98
~an Blvd Green Blvd to P~ 4~ 1994/95
Ri~e Road
~ a~e traffic ~nicori~ re~rt, in c~i~tion
~i~h ~ ~nual U~e a~ Inven~o~ Re~ (AUIR)
r~fere~ in C~ition 8.F. a~e, represents
a~l ~raffic ~i~ori~ r~ir~nts for ~he
Pelic~ ~rsh
A. ~y ~el~nc s~ll re~ire a ~th Flori~ Water
~9~n~ District W~ter Use Pemit for any
pr~o~ ~ilica~i~o ~o existt~ gr~a~er or
surface wa~er wlt~rawals ~ t~ project sate.
~e ~vel~flt shall en~rage water-c~e~l~
devlces/~f, consistent with the criteria
outlined within the water conse~ati~ el~n~ o~
the ~th Florida w~er ~9eMnt District
Use Pe~i~ for Collier C~n:y Utilities, or
c~isten~ ~l~h criteria conteifled within the wa~er
c~se~a~iofl eleMnt of t~ fi~l a~r~ed ~table
water pr~ider for t~
C. Prior to the ovailobllity of reclalMd wa~er fr~
Collier County Utilities, t~ devel~r shall
obCaini~ reclai~d varec chr~gh interc~ection
with other reclai~d water n~lie~l. ~e
devel~r shall actively participate in
and negot iac ions with ~tential Ju~lAerl of
reclaiMd water. ~e ~evel~r m~ll provide a
~ o: C~me ongoin~ activ~tiem within the
~l ~n~coring Re~rt for the devel~nc.
~ ~Ch Florl~ water ~nageMnt DlitricC
prevl~mlw ~mitted t~ ~rti~ ot t~ Pelican
#ordsM~areaddiciona~ ~ordse,~e~are deletions.
~srsh Co~nity loc, ted met of Airport-Pulling
Ro~d for ~iL~r~l of 61.1 million g~ll~s ~r
~th fr~ ch~ ~er Tamiamt ~ller for
agricultural purpa,~. Unlems othe~ise ~mitted
~ ~, the a~llcant mbll ~t exceed thim
c~rsi~ of this pr~y to o~r 1~ uses.
i~tify ~n ~lt~ce s~rce of ~-~le
p~ier~ly r~l~ ~s~cer; s~ld pro~ected
i,igltl~ r~ire~n~s exceed ~h~ pr~vi~sly
t~ Pelican ~rsh ~nity s~ll utili:e
prl~lpl,s, ~ ~ht-toler~ ~tive v~tltion,
F. Th~ pro~ect s~ll obtain ~t~ble ~ter, and
was~t~r t reprint, fr~ ~h~ Collier C~nty
Utilt~ies Division. if Collier C~nty
~te~ines t~t i~ has aufficlen~ capacity to
the project.. S~ld Collier County U~ili~ies
Division de~e~ine ~ t~y ~ ~ ~ve sufficien~
capacity, the A~llcan,. mMll ~ither const~ct
interim ~t~ble water and wastewater
[acilitiem, or ~h~ll pmtpne devel~nt until
such tl~ am collier ~ounty Utilities' me.ice
capacity im available to the proSect. ~y interim
[actlltiem contracted by th~ i~licant m~ll
const~cced ~o Collier County Utllittmm Division
Stan~rds. and s~ll ~ dis~ntled, at ~he
~lican~'s e~nse, u~n connsc~ion ~o ~
facilities are pr~tded on-site or off-site, the
a~lican~ s~ll de~nstrate to Collier County
wo~ ~ are a~iti~s~ ~rds ~ are deleti~s.
adequate waatewater treatmmnt capacity ia available
at the tine of final plan approva! for that phase
of ~v~l~n~.
O. ~ t~ P~lican ~rsh C~nity inters, a~ ~y
re~ired, to utilize treated effluent for
irrignti~, ~-mlte lak~. ~tla~, a~ the
pr~ected ~r~ ~mibl~ ~fl~t ~t~M~i~, ~r
~ r~la~l~.
will ~ pr~at~ prior to di~rg~ in~o
C~n~y ~an~a~r ~s~ In ack--cs ~t~h Flori~
~n~n~ o[ ~vlro~n~al ~sc~i~ cri~eria.
I. T~ra~ s~p~ic sys~ ~y ~ u~lllzed
c~J~ctl~ ~ith c~C~i~ ~ males offices
~-nt~e, o~r ~n for ~c~ion a~ malem
offices ar, d ~1 ~s, due to t~ ~sstbill~y of
~zardous wamtewater generation ~ the retail and
office ~rtionm ol the devel~nt. All terrify
septic myste~ mbll ~ pr~rly a~an~ and/or
r~ed ~ ~ licenmed mepttc Qstem [1~ at the
ti~ when [~nent or lnt~rim wmmtewmter treat~nt
plantm ¢~ online.
J. All conmttuction plans, tic. leal m~ciftcmttons.
and pr~s~.d pl4tm, as applicable, for the pr~ed
water distribution and wamtewmter collection
systemm, and any ~mmible on-mite treat~nt
facilities, shall ~ revle~d and a~roved ~ the
Collier County Utilities Division prior
c~nce~nt of const~ct i~, In accor~nce with
the Collier County ~nd ~vel~n~ C~.
K. All ~table water facilities, includin9 any
~mslbl~ on-site ~tabl~ ~ater tr~at~nt system,
~ords ~ are ~itionm; ~rds ~ are deletions.
10.
11.
shall be properly si=ed to supply averege end p~ak
d~y domestic d~nd, in eddition to fire flo~
demand, at a rate required by applicable
regu 1 at ions.
The lo-est quality of water for the proposed uses
shell be utilized for all non-pot&bls water uses.
N. All co~sitsmntm ~ by the appli¢&nt within the
related to 0uestton 17 (#stet Buppl¥} m~d 0uestion
1[ {#aste~atsr I~n&ges~nt), and not in conflict
with the ~ove reco~nd~ io~m sh~ll be
Incorporated ss condittorm of approval within the
Collier County Devslol~ent Order for tl~ Nllcan
A. Collier County t~a deter~ined Chet C~e Pelican
~rlh Co~munity pro,eot is consistent vith the
Collier County Comprehensive Plen a~ t~t the
project's p~i~ ~s c~sistent ~lth t~ C~nty's
c~rre~ ~9~nt plans relative to
f~cilltiee necesel~ to su~rt the prolect.
A. All c~i r.~nt a en~ i~¢t mit i9~t t~ actions
pr~ided ~ t~e ~licant ~lthin the ~licatton
for ~evel~nt ~al (~ ~l~nta~
~nCs) th~ ~re no~ in c~flic~ ~ith ~cific
co~i~iono for pro}ect ~r~l ~ll~d ~ve are
officially adopted as condicl~s for ~r~l.
~rsuant ~o Subeec~ Ion ~80.06 (lt), Flort~
S~a~utes, the a~licant s~ll rec~iv~ crsdl~
conCrt~ci~s, consc~cc l~, e~nst~, or
ac~tsl~l~ ot p~llc fat'tliCtes t~ t~ ~vel~r
is al~ s~ect ~ lxal ordt~nces ~o i~ct fees
or e~cKionn co ~e~ ch~ sa~ n~eds. ~e lxal
34
Words ~ ars additions; words e4~b--lh~ are deletions.
government and the deve].oper m~y enter into
capital contribution front-ending agreement to
rel~d~urse the developer for voluntary con~ri~tons
in excess of ~h~ f~lr share.
l~gi, which ~1~ g~ t~ Nlic~n ~rsh
~ity. ~ E~l~em tWt t~ ~itia
~el~t ~ u~ of pretty within t~ Nlicln
~rmh ~ity, ~ven t~h t~ ~
{~dl~nc~ ~5-41 lm ~cificmlly ~t ~ a ~ of
BE IT ~ ~~ ~ ~ ~rd of ~Cy ~issl~ers of
official re~nsible for is~r/N c~liance rich ~
Order.
2. ~is ~v~l~nc Order s~ll r~in in effec~ for fifteen
(1~) years fr~ ~he ~ce of a~cion. ~ C~nCy Ic~le~el
Pelican ~rsh C~nicy ~re~nc Co c~ ~tot~ of a
if flits, ~ted ~y 2S, 1993 (~nt ~Ced ~r 1, 1993), a~
a ~ d~u~nt (~d/~nce 93-27) a~t~ ~ Collier Cowry ~ t~
2Sth day o~ May, 1993.
3. The definitive contained In ~pter 380, Flort~
S:atutea, s~ll c~trol the inte~retation a~ const~cti~ of any
te~ of =his ~vel~nt ~der.
4. ~rmuant to S~mection 380.0~(151 (0)3, Flori~ Statutes,
this project is exert fr~ ~-ioni~j or inteuity or density
reduction for a ~ri~ of ten (10)),ears fr~ the date of adoption
3S
o( the ~evelOl~mnt Order. subject to the conditions and limitations
o~ maid .~ubsection of the Floric$~ 8tatutem.
~.. ~e ~lic~nt or its succemso~(s) in title to the sub~ecc
p~rty ~L ~u~it a ~rt annually, c~nc/~ one yeaT
the effective ~te of this d~el~nt order, co t~ ~rd
C~nty C~ieei~rs o~ ~11ter C~nty, t~ ~t~st Florida
R~i~I Pla~t~ C~ncil, a~ c~ ~~nt of C~niCy Affairs.
~is rein s~ll c~tain t~ info~tion re~ired in ~cti~
2.02S(T), Flori~ ~intstratLve ~. ~ie rep~
re~ ~11 ~ ~e~d ~ ~ti~ ~0.0~(1~), Flori~
it,tut e~.
~. Subee~ent re~eete ior devel~nt ~mitl ~11 not
re~ire tufter revl~ ~r~nt to ~ction 350.06, Flori~
Statutes. unlemm it lm f~nd ~ the ~r4 of C~nty C~immionerm
of Collier C~nty, a~ter due notice and hearing, t~t ~e or ~re
of the iollaiN tm present. ~n a ii.iq t~t eitMr
roLl--in9 ts present, the ~ard o~ C~nty ~immlonerm of Collier
C~nty ~y take any ~cci~ ~ut~rized ~ ~pter 380.06
~lori~ statutes, ~nding lesua~e ot an ~d ~vel~nt order.
A. A substantial ~lltl~ Ira the te~ or c~itions
o~ this ~velo~nt Or.r, a mu~tmntial ~vimtion to the proSect
devel~nc pUmiN mc~ula. · lailure to car~ ~t co~itiam,
c~it~ntm or mtttgatl~ ~amurem to t~ extent or in accord with
the timing sc~dulem m~ci~ied ~rein or in t~ p~si~ schedule
the ~A. or m~mtantial deviatt~ Ir~ the approved deveLo~nt
plans which create a reaeo~ble likell~ o~ a~iti~al regioMl
l~acts or other t~m of regi~al i~actm which ~re
previ~sly revl~d ~ t~ ~t~mt ~lori~ R~ioM1 Planni~
C~ncil; or
B. ~ e~lration of t~ ~rl~ ol e[lective~mm of this
~vel~nt Order ~s pr~ided herein.
~ords u~rlir~ed are additions; ~orda e~eh-~a~s~h are deletions.
C. I! the local government, during the co~rse
· ~nitorin9 the deYelopm~nt, can de~n~a~e ~ ~an~ial
ch~ee in t~ c~ltions undarlyi~ the a~r~al o~ the
~vel~nt Order ~ve ~curred or ~ ~h, devel~n~ order
~sid on substantially l~c~ra~e info~i~ pr~lded ~ the
devel~r, reeul~l~ in a~i~lo~l substantial r~i~ml
~hen a s~bi~ncial devis~i~ s~ll ~ de~d ~o ~ve ~rred. ~e
~ni~oring checklist c~mtned in ~ndix III s~l~ ~ used as a
guide ~ C~ l~al ~ewn~ in ~ce~lni~ ~iCi~ ~anciml
r~l~l i~cce.
?. ~ ~r~sl granted ~ ~his ~el~nC ~dez
limited. 9uch a~r~il s~ll ~ ~ c~s~ed ~o o~i~e ~
ot ~ a~lican~ ~o ~ly vi~h Ill o~h~r a~licabll l~al,
or f~eral ~i~i~ pr~edures.
~. It l~ ~rst~ t~t any referees ~rein to any
9~e~ntal a~en~ ~11 ~ c~st~ed to ~an any future
inst~n~ality ~hlch ~y ~ crea~ or desi~ed or ~ccessor
interest. ~o, or ~hich o~he~lse ~ssesses any of the ~rs
duties o~ any re~erenced 9~er~n~al aqen~ In exis~ence on ~he
e~fe¢txve da~e o~ chis Ordcr.
~. ~roprla~e conditions and co~t~aenCa contained herein
ma~ ~ assigned to or assu~d ~ ~he Pelican ~arsh C~nity
~vel~n~ District.
10. In ~he event ~ any ~r~ion or section oi this Order
dete~lned ~o ~ lnvslid, illegal, or unconstitutional ~ a court
or agenc~ oi c~tenc ~urisdiction, such ~cision s~ll in
~nner, a~fec~ ~he re=inl~ ~r~ions o~ this Order ~htch s~ll
te~tn in gull ~orce and
11. ~in ~r s~ll ~ bi~ing u~n the ~unty a~ the
~vel~r, their assi~ees or successors in interest.
~ls ~vel~nt Order s~ll ~c~ effective as pr~id~
12.
by law.
1].
Certified copies of this Order shall be provided to the
De. partment of Community A~fairm and the Southwest Florida Regional
37
~ord~ IA~ are a~diticmm; ~r~ ~ are deletiorm.
Planning Council al provided in SubaecCion 380.0~(2S)(g),
StaCtitem.
C~immi~r offered the forgoing
Resolution ~nd ~ed itl I~tion, seconded
n~ u~n roll cnll c~ vote wnl~
AYES:
~ ~ ~ thi,
~ d~y of
, 3.997.
B/lARD OF ~
CO~llI~ COOlgrT,
DMTGIfF E. BM, CLfi~
TI~I~T L. HANC:C)(~
Cl~iz~in
A.qglr/*JUgl' COUMI'T A~Y
I 'pi t l. llJt Itdil,
38
Worde ~ ere ~dditioflf; ~orde ~ are deletions,
£xhibi~ 'A~
£xhibi~ -Do
12C-2
#ord~ ~ are additions; ~ords ~ are deletions.
· 120-2
,ffldevtt o~
~epLes Deity Nevi
8C)*~O O~ COUNTY
BOX &IICq6
KAPt/S FL J4101-~6
IrE FEREXCE: 401220
57~183 NOTICE O~ I~J~lC
Ccx~ty of CoLLier
B~fM'e the ~lMrstgn~ ~Jx)~tty, ~tty
OatLy ~, · ~tty ~ ~(1~ ~
Affl~ f~ ~ ~ t~ Mid ~ia kJiy
~IL4~ ~ty, FL~4M, ~ ~ ~ Mid
~t4m~ in t~ Ntd ~.
I~t~LZB4EO CN: 11/73
~lL~ ON:
St~netm'e of Affiant
WHEREAS, the Board of County Commissioners of Collier
County, Florida, approved Development Order 95-01 (the
Development Order) on January 24, 1995, which approved a
Development of Regional Impact (DRI) known as Pelican Marsh; and
WHEREAS, Section 380.06(19) (f)2, Florida Statutes~ requires
that proposed changes to a previously approved Development of
Regional Impact (DRI) be submitted by the developer to the local
government, the regional planning council, and the state land
planning agency; and
WHEREAS, submittal of the proposed changes was made to the
appropriate public authorities; and
WHEREAS, Section 380.06(19) (f)5, Florida Statutes, requires
that the local government shall determine whether or not the
proposed change to the previously approved DRI development order
constitutes a substantial deviation requiring further
Development-of-Regional-Impact review; and
WHEREAS, the Board of County Commissioners of Collier County
has reviewed and considered the report and recommendations of the
Southwest Florida Regional Planning Council (SWFRPC) and held on
~. 19~7 a public hearing on the petition; and
WHEREAS, by separate action the Board of County
Commissioners will cause the Pelican Marsh DRI Development Order
to be amended to reflect the proposed revJsions which do not
constitute a substantial deviation requiring further
Development-of-Regional-impact review;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida that:
120 2
The proposed revisions to the Pelican Marsh DRI
Development Order 95-01, as described in Petition
DOA-97-4, noted as Exhibit "A" and hereto made a part
of this Resolution do not constitute a substantial
deviation requiring further Development of Regional
Impact review.
BE IT FURTHER RESOLVED that this Resolution be recorded in
the minutes of this Board.
This Resolution adopted after motion, second and majority
vote.
Done this d~ day of ~
, 1997.
ATTEST: ~..
DWIGHT E. BRO~, Clerk
BOARD OF COUNTY COMMISSIONERS
T~MOTHyL.~ HAddOCK, Chairman
;~]5~rov,e,d. as to Form and Legal Sufficiency
Marj~-rie M. S~udent
Assistant County Attorney
FOUR RPM-BSP- PROPCrtANGE - 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4925
NOTIPICATZON OF A P~OPOSED CB]kN~ TO A PREVIOUSLY APPROVED
DEVELO~ OF P~IONaL I~PACT
SUBSECTION 3S0.06 (19), ~ STATUTES
Subsection 380.06(19), Florida Statutes, requires that
submittal of a proposed change to a previously approved DRI be made
to the local government, the regional planning agency, and the
state land planning agency according to this rom.
1. I, ~eorgs L. Varnadoe, the undersigned owner/authorized
representative of WCI Communities, L4-4tedPartnership, hereby give
notice of a pro~osed change to a previously approved Development of
Regional Impact in accordance with Subsection 380.06(19), Florida
Statutes. In support thereof, I submit the following information
concerning the PelicanMarsh development, which information is true
and correct to the best of my knowledge. I have submitted today,
under oeparate cover, copies of this completed notification to
Collier County, to the Southwest Florida Regional Planning pouncil,
and to the Bureau of
Affairs.
O(Date) ,
State Planning, Department of Community
Exhibit
AND A~POZITI'MENT OF AGENT
~ This Coosent and Appointment of Agent is made this
· ~t~- , 1997 by WCI Communities Limited
(herein~ter referred to as the "Owner").
~_day of
Partnership
WITNES SETH
WHEREAS, the Owner has a mailing address of 24301.Walden
Center Drive, Bonita Springs, Florida 34134; and
W~, the Owner owns approximately 2075 acres of land
located in Collier County, Florida, more particularly described in
Exhibit "A", attached hereto (hereinafter the "Subject Property"),
which land is located within the Pelican Marsh Development of
Regional Impact ("DRI") which was approved in Development Order 95-
I issued by Collier County on January 24, 1995; and
~, the Owner intends to ca~x~ out development on the
Subject Property described in Exhibit "A" which will require
changes, amendments, or additions to the Pelican Marsh Community
PUD and DR! Development Order 95-1, that were issued by Collier
County, and in addition, may require approvals or actions by other
agencies of the state of Florida and agencies of local government;
and
WI~, the Owner has decided to appoint an agent to
represent them in preparing applications for, and obtaining, any
and all governmental approvals necessary to develop the Subject
Property in the m ar u let intended by the Owner, and to authorize said
agent to act on its behalf with full authority, to obtain such
approvals, including amendments to the PUD and the DRI Development
Orders previously issued by Collier County for the Subject Property
described in Exhibit 'Am.
NOW TI~RE, the Owner, in order to authorize and direct its
agent and representative to act on its behalf to apply for and
obtain necessary governmental and agency approvals on the Subject
Property, consents to the following:
APPOINTMENT 01~ A~XNTS
1. George L. Varnadoe and the law firm of YoUng, van
Assenderp & Varnadoe, p. A., whose address is 801 Laurel Oak Drive,
Suite 300, Naples, FL 34108, are hereby designated and appointed
the agent/representative of the Owner, with full authority to act
on its behalf to perform all legal services related to, and to
supervise the preparation, submission, and review of any
applications needed to obtain approval of the Owner's plan of
development for the Subject Property described in Fn~hibit "A".
2. George L. Varnadoe and the law firm of Young, van
Assenderp & Varnadoe, p. A., are authorized to represent and to act
as agents for the Owner with their full authority before any and
all governmental entities, and any agencies of the state and
federal government as maybe appropriate and reasonably related to
obtaining approval of proposed development on the Subject
Properties, including amendments to the DRI DevelOl~nent Order, and
PUD zoning or rezoning on the Subject Property. These agencies or
entities may include, but shall not be limited to, the following:
............. 12C
a. The Collier Coun:y Board of County Commissioners and
all departments, divisione and sub-units of Collier County.
b. The Southwest Florida Regional Planning Council.
c. The Florida Departments of Community Affairs,
Environmental Protection, and Transportation.
d. The Florida Secretar~of State and all other Cabinet
level offices and agencies.
e. The Florida Land and Water Adjudicatory Commission.
f. The South Florida Water Management District.
AS EVIDENCE OFCONSENTTOANDAPPOINTMENTOFTHEAGENTnamedabove,
the Owner, WCI C~-unities Limited Partnership has signed below.
OWNER:
WCI CO~4WUNITIES LIMITED PARTNERSHIP
Dated~~
2
WITN~S~ ~
Print~
Signature
Printed Name
o
o
Applicant (name, address, phone).
WCI Commnitiel, LL~ited Partnership
24301 Walden Center Drive
Bonita Springl, Florida 34134
(941) 947-2600
Authorized Agent
George L. Varnadoe
T~Ang, van Aoaenderp & Varnadoe,
8unTrue t Building
801 LAurel Oik Drive, ~u/te 300
X&plel, Florida 34108
(941) S87-2814
Location (City, C~unty, Township/Range/Section) of approved
DRI and proposed change.
The PelicanMareh Comuntty is loc·ted in Sections 25, 27, 34,
3S And 36, Township 48 8ouCh, Range 25 East, Collier Count-y,
Florida.
Provide a complete description of the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, commencement date, buildout date,
development order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Department or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
The PelicanMarshCc~BunA~DRXwam·pprovedbyCollier CounL~j,
on January 24, 199S, in Reeolut£on No. 9S-71, approv~
Development Order 95-1. Bever·l mone~ after ~he Pelican
Marsh Co~ty DO vie issued, ~ applicant entered into ·
Boundary Settlement Agreement with ~he ad~aoent property,, owner
=o the north of the project. A Notice of Proposed Change was
eubscLtted to incorporate the new bounda~-y. Collier Count~/
&Pproved~heNOPConSep~ember 26, 1995, in Resolut~onNo. 95-
SSS, ·l;~rc~riGg Develo1~aient Oretor 95-5, wh/,oh remxlted in & net
addAtion of one acre wi~xtn the northern boun~ of Pelican
~a~sh be~een U.8. 4! on the ~eat and ~oodlette-F~ank Road on
~he east. Develops·hr O~der 95-5 increased the size of the
PelioanKarah C0~munit~b~one ·cra to a ~o~al of 2.075 acres.
-2-
Significant development of the Pelican Marsh Community has
occurred during the past 2½ years primarily on the western
portion of the site. The opportunity to create a destination
golf resort on the land east of Airport-Pulling Road and a
desire to refine the previously approved plan of deve.lopment
have led to this Notice of Proposed Change. The changes
proposed in this NOPC, described below, will result in a net
decrease in the amount of approved development, accom~anied by
a decrease in impacts re~ulting therefrom, while increasing
the acreage of recreational use, the areas set aside for
preservation, and the acreage of miscellaneous 'o~en space.'
The total number of residential dwelling units at PelicRn
Marsh is being reduced from 5,600 units to 5,100 units (a
decrease of 500 units). The proposed DO amendments will
maintain the sm 80-acres of "activity center" use approved
in the original 1995 Pelicam Marsh Development Order/PUD. The
authorize~ maximum amom~ts of retail and office uses within
the activity canter will he decrease~ while a~htng some hotel
units an~ increasin~ the applicant's flexibility to relocate
the approved cultural center to within the designated activity
center. The proposed amendment re~uegts that the desi~nated
activity center contain the following land ulel and
magnitudes~ 345,000 square feet of retail use (a decrease of
230,000 s.S.); 200,000 square feet of office use, of which up
to 50,000 may be me, ica1 office use (a decrease of 150,000
s.S.) 7 and 400 hotel room~ (an increase of 120 room~).
The golf course use, currently 36 holes on approximately 346
acrem, if proposed to be increased to 63 holes on approxi-
mately 572,4 acres, an increase of 27 holes and 226.2 acres.
The preserve acreage is being increased by 36.4 acres, from
294 acres to 330.4 acres. In a~ition the amount of
miscellaneous open space will be increased from 59 acres to
114.2 acres, a gain of 55.2 acres.
The revised Pelican Marsh Master Plan also designates a 4.7
acre parcel at the southeast corner of the Vanderbilt Beach
Road/~oodlette-Fr~nkRoad intersection for "CF" use (6o--~Anity
facility).
A very minor boundary change on the southwestern perimeter of
the westernmost parcel will result in a deletion of 3.4 acres
from the Pelican Marsh Community, reducing the total size of
the project to 2,072 acres. No land is being added to Pelican
Marsh by this NOPC and all other changes proposed to the
Pelican Marsh Master Plan occur within the boundaries of the
project approved in the 1995 Development Order.
The proposed changes to the Pelican Marsh land uses are shown
in the chart below, which compares the approved land use
-3-
12C 2
amounts contained in Development Order 95-1 to the requested
land uses that will result from approval of this NOPC.
Land Usc ^u~'~rucd b~ 199~ DO 9~.1 1997 NOPC C1G~NGE
M~ of ~~
~ Unh 5~ ~ll~S ~ ~,1~ ~ -~ dwcll~g ~
~ ~ 57S~ ~ ~ (~ ~) ~ ~ · -~0.~ ~. ~
~ ~ ~ ~ +1~
~ ~ ~ ~ ~.4 ~ ~6.4 ~
~ ~ ~9 ~ il4~ ~ +~5~ ~
Ail of ~he above land use changes to the Pelican Marsh
ConmAnit7 are depicte~ on the Propoee~ Master Plan, attached
&m Exhibit I to thie NOPC.
The reduction of 500 residential unite, coupled with ~he
significant decrease in both retail and office uses will
result in a substantial re~uction in the transportation and
other impacts generated by M~e Pelican Marsh Community which
will more ~ offset the proposed addition of a X20 hotel
ua/ts. A revised transportation analysis demonstrating
reduced traffic is~acte of Pelican Marsh, prepared b7 David
Plummet an~ A~sociates, is attached as Exhibit 3.
The original Pelican Marsh Development Order required.that ~he
golf course clubhouses, or other approved buildings be
utilized am hurricane evacuation shelter space. Collier
County has a~reed to accept tho Pel£can Marsh Elementary
School (a~roximately 148,000 square feet) as shelter space in
lieu of the golf course clubhouses. The Development Order
wet. Lng ia being c~anged to reflect Collier County' ·
acceptamce of the Pelican Marsh elementary school site for
thai Z~lrpole, and satisfaction of the shelter ~pace mitigation
requirement.
The proposed changes to the Pelican Marsh DRI will reduce, and
will not result in any net increase of the impacts generated
by the development. These changes ~o not constitute a
-4-
- IIII ...... [ ..... ....,.~L ........................ J~lUI ill Iii i II1__ __---
substantial deviation pursuant to Subsection 380.06(19),
Florida Statutes.
Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the developmept. If
no change is proposed or has occurred, indicate no change.
See the attached substantial deviation determination chart.
List all the dates and resolution numbers (or other
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
government Jurisdiction for any portion of the development
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
The Pelican Marsh C~dnAty remains entirely within the
Jurisdiction of Collier County. There is no additional land
being added by this Notice of Proposed Change. A minor
boundary correction to ~he southern boundary of ~he western
parcel will refult ina decrease in size of the Pelican Marsh
CoanmAnit-~ by approximately 3.4 acres. The proposed changes
are all contained within the original boundaries of the
Pelican Marsh C*~---,mity DRI, as approved.
There hae been one previous Notice of Proposed Change to the
Pelican Marsh C~ ..... ,mity which resulted in an additional one
acre being added to ~he northern boundary of ~he western
parcel, be~wean U.S. 41 on the west and ~oodlette-Frank Road
on ~he east. The previous NOPC wac the result of a Boundary
Settlement A~reement wi~h the adjacent property owner to ~ha
north, which re~ul~edin~haexchan~e of approximately 9 acres
of land fr~m each land ~wner to the other, with ~he net result
heArt, an increase of one acre 2o tha Pelican Marsh Co~,=unity.
The notice of proposed chan~e was a~proved by Collier County
on September 26, 1995, in Resolution 95-555 approving
Development Order 95-$. There have been no other changes or
amendments to Development Order 95-! since it was issued by
Collier County on January 24, 1995.
Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, intended use, and adjacent non-project land uses
within 1/2 mile on a project master site plan or other map.
-5-
120 2
o
10.
11.
12.
13.
No additional land has ba~n purchased lot option by WCI
Communities, r. imitsd Par~narship0 within ~ mile o£ the
original DI! site since the approval by Collier County in
January o£ 1995.
Indicate if the proposed change is less than 40% (cumulatively
with other previous changes) of any of the criteria listed in
Paragraph 380.06(19), Florida Statutes.
Do you believe this notification of change
which meets the criteria of Subparagraph
Florida Statutes?
proposes a change
380.06 (19) (e)2.,
YES NO ~
Does the proposed change result in a change to the buildout
date or any phasing date of the project? If so, indicate the
proposed new buildout or phasing dates.
No. The Development Order r~mains in effectuntil January24,
2010, fifteen years from the date of its adoption on January
24, 199S.
Will the proposed change require an amendment to the local
government comprehensive plan?
NO.
Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06(15), Florida
Statutes, and 9J-2.025, Florida Administrative Code:
An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
See attached revised, Nester Plan, marked es ~xhibit 1.
Pursuant to Subsection 380.06(19) (f), Florida fftatutes,
include the precise language that is being proposed to be
deleted or added as an amendment to the development order.
This language should address and quantify:
All proposed specific changes to the nature, phasing, and
buildout date of the development; to development order
conditions and requirements; to commitments and
representations in the Application for Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
preservation, green belts; to structures or to other
improvements including locations, square footage, number
-6-
-_ ...... II1!~1 ............................... I ......... I ...................... I
be
of units; and other major characteristics or components
of the proposed change;
8es the enclosed revised l~eter Plen, Exhibit 1; also see
all propoled vordLng changes contained in the revised
D~velopment Order attached aa ZxhLbit 4.
An updated legal description of the property, if any
project acreage is/has been added or deleted to the
previously approved plan of development;
A m/nor deletion of 3.4 acres from the Pelican Marsh
Co~tlnity il reflected in the revised legal description
for the PelicanMarsh Communit¥&ttaohed as Exhibit 2.
A proposed amended development order deadline for
commencing physical development of the proposed changes,
if applicable;
Not applicable. Development commenced pureuant to a pre-
development agreement entered into in 1993.
A proposed amended development order termination date
that reasonably reflects the time required to complete
the development;
Not applicable; no change is requested.
A proposed amended development order date until which the
local government agrees that the changes to the DRI shall
not be subject to down-zoning; unit density reduction, or
intensity reduction, if applicable; and
Not applicable~ no change is requested.
Proposed amended development order specifications for the
annual report, including the date of submission,
contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025 (7), F.A.C.
No change.
-7-
120 2"
G
120 2
~J
0
PELICAN MARSH
LEGAL DF.,SCRll~ON
PELICAN MARSH, being approxitaately 2072.88 ncres, is legally described as follows:
BEO~O m the southwest comer of _Se~__'on 27, Township 48 Soutlx, Range 25
Na~h 00'3g'20" West 2623.40 feet to the west !/4 corner ofsaid Section 27;
~ cominue along ~ w~st line of said Section 27 and said right-of-way North
00~9'12" Wes~ 827.69 feet;
theme ~ said line North 89'20'45' Fast 3844.57 feet to the westerly right-of-way line
of~ Ooodlet~e-Frank Rand as r~:corded in Plat Book 13, page 58, Public Records of
~ ~ hid wes~dy rl~-<,f-w~ Une in ~ fonowin~ fot~ (4) des:ribed courses;
~)
~)
4)
$o~th (}5'"~4'4[- East 3545.96 feet to the so~th line of said Section 27;
South 05'33'10' East 2642.17 feet;
soutl~edy 620.g7 feet along th~ arc of a circular cra. ye concave ~y having a
radius of 2799.93 feet through a centr~! angle of 12'42'!8" and being subtrnded by
a chord which bears South 00*47'59" West 619.60 feet;
South 0709'08" West 1675.64 feet to the boundary line ofthe plat of Pine Ridge
SecoM ~ ss m:orded ~ Plat Book I0, pa~ g6 of the Public Records of
1)
2)
3)
4)
z)
6)
7)
~t~ North $1'13'22" West 737.g$.feet;
le~ving said plat boundary North 00003'39.. Wes~ 707.85 feet;
thence Somh 89o33'32" ~ 336.81 feet;
thence North 00~26'28" East 180.64 feet;
South ~'50'$~' West ~8.21 feet;
North 31~34'00" Wes~ 120.19 feet;
North 05'37'10' West 956.47.feet;
South 74'46'39" Wen 379.9~ feet;
South 12'04'43" East 23.53 feet;
South g7~43" Wes~ 272.40 feet;
noWaw~sterly IS54.46 fee~ ak~ng the ~rc ofanon-umg~ ~ on-~ concave
~y having a radita of 1640.26 feet through a ~ angle of 64°46'40
and being sulntn~ded by a chord which bears Nexth 48*50'02" West 1757.26
I
thence northerly 37.60 feex along the arc ora circular curve concave easterly having a radius
of 130.00 foet thttm~ a central angle of 16034'19" and ~ subeamded by a chord which
bears North 08°43'37' East 37.47 feet;
thence N~ 17~){Y47- East 181.41 feet;
thence norttnvesu~y 654.92 feet along tt~ arc of a ¢imdar curve concave southg,~t4~ly
having a radius of 395.00 feet ~ a centntl angle of 94'59'52" and being ~ by
a chord which bears North 30029'09. West 582.44 feet
thence North 77~59'05' West 144.30 feet;
th~'z=e n~ 418.87 feet along th~ arc of n ~ curve concave no~he~an4y
laving a ndim of ~10.00 feet thtx,ugh n cental angle of 29'59'57' and being ~ by
a chord which hews North 62'59'06" West 414.10 fe~t
ttznce North 47'59'0~ West 100.03 feet;
thenc~ ~vesterly 615.1[ feet along the an: of a circular curv~ concave sozahedy having a
which bears North 69'19'10' West 601.07 feet;
therz~ South 89020'48- West 204.55 fee~ to the west line of sa~d Section 34, and the east
right-of-way line of U~q. 41;
thenoe along said ~ North 00'39'20' West 665.92 feet to the Point of~
LF.~8 AND EXCEPT all that part of Pelican Marsh Uttit Five as r~orded in Plat Book
22, pages 88 through 89 Public ~ of Collier County, Florida being mor~ particular
described as follows;
BEGINNE~G at the not~ corner of said Pelican Marsh Unit Five;
thence along the botmdm-y of said Pelican Marsh Unit Five South 89°33'32" Fast 306.56
feet to a point on the west line of Tract WF-I (Dra/nage Easement) according to the Plat
of Gra~ Isle ~t Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of
Cotlier County, Florida;
thence along said line Sot~ 00.N)0'O0" East 481.17 feet to a point on the north line of
Tract "B" ('Vanderbilt Bew. h ~ accord/ng to the Plat of Pelican Marsh Up. it Five, Plat
Book 22, pages $g through 89, Public Records of Collier County, Florida;
thence southwesterly, 306.37 fee~ along the arc of a non-tangent/al circular curve concave
to the southeast, having a radius of 2430.00, through a central angle of 07°13'26" and
being stdr, ended by a chord which bears South 88°15'16'' West 306.17 feet to a point on
the boundary ofsaid Pelican Marsh Unit Five;
thence along said line North 00~03'39'' West 492.87 feet to the POINT OF BEGINNING
of the pardi herdn descn'bed;
Subject to etsetnents and restrictions of record.
Bearings are based on the north line of sa/d Pelican Marsh Unit Five being South
89o33'32"
2_.
TOOETH~R WITH THE FOLLOWI~O DESCRIBED PARCEL:
C~ at ~e wes~ I/4 corner ofsald ~ 27;
~ along said ~ line North 00'39'12" West g27.69 feet;
thm~ North 00~9.12" Wes~ I ~/.52 feet;
so h 72'sgx) -
thnx~ Sou~ 00~9.15' East 2/.71 f~
the~e So~h 00'39.15" E~ I00.64 f~
~ South $9'20'45" W~t 1957.22 feet to th~ Point ofBc~'nning ofthe pan:el herdn
Subject m easemenu and mmic6ons of retard.
Benrings are based on l~ w~st line of said Seciion 27 as being N~ ~9.12, West;
AND LESS THE FOLLOWING THREE ('3) DESCRIBED PARCELS:
.,_ ~ u~ ~ tme ot sa~ :~ection 27 North 00'39'12" West 827 69 feet:
orme ~ ~ desertS; --=-'-'~
thenoe North g9~20'45" ~ 366.45 feet;
thence ~ 00~9'15" East 34.09 feet;
Exhibit 2
3
thence smaheast~y 47.35 feet along the arc ,fa non-tangenfi~ cinatlar curve concave
sc~ having a radius of 70.00 feet through a centra/angle of 35°45'23" and being
~by a chord which bears South 64'19'09' East 46.45 feet to a point ofcomlx,zzl
thence southerly 259.~h~-53 feet along the arc .fa ch~_ I-- curve concav~ westerly hav~,g a
radius of 197.21 feet through a central angle of 75024.06" and being subtended by a ~
whk:h bears ~iouth 07'i4'23" East 241.20 feet to a point ofrevet~ curvatm~
tben~ southn4y 151.40 fg~t along the arc ofa,~iar curv~ ~ ~ having a
which beam South 12'56'10" West 105.98 fee~;
thence South 6200g16" West 75.07 feet;
thence smahgdy 48.75 feet along the an: ,fa dry_ ,I-,. cm'v~ concave easterly having a radius
of 30.00 feet through a cmtr~ angle of 93'06'13' and being subteaxled by a ~ which
bears South 15'35'10' West 43.56 feet;
thm~ ~ South 30'5758" East :]4.79 feet;
thgnce ~ 19.94 feet along th~ arc ,fa cin:ular curve corn:ave westedy ~ a
mdim of 10.00 feet through a cent~ angle of 14016'43" and being subtended by a cb,rd
which bears ~zth 23'49'37' East 19.~9 feeg
thence alo~ a non-tan~e~Ld lino,~h 84'1Y!4" East 158.41 feet;
thence South 10'5524" East I g3.71 feet;
d~z~e g,:mth 81'52'51" East 180.90 feet;
thence North 90'{X}'tXr West 394.57 feet;
thence North g4'lY14" West 120..3:2 feet;
thence South 33'05'40"
thence South 76'56'51"
thence North 58'35'21"
thenc~ North 15'31'55"
thence North 00041'41"
thence North 28'22'47'
thence North 17'11'45"
then~ North 13'02'$2"
thence North 73'36'14"
thence South 49'16'08"
thence ,qouth g9.4708'
thence North 58~:XY49"
West 54.13 fee~;
West 89.04 feet;
West 65.19 feet;
West 74.80 feet;
West 115.24 feet;
East 171.51 feet;
West 106.79 feet;
East 28.51 feet;
Weax 54.78 fern;
West 112.75 feet;
West 53.08 feet;
West 50.49 feet;
F, zltibit 2
4
Ihence North 00'39'12' W~t 303.49 feet to the Point of Begim,fing of the a~a herein
~ ~o ~ ~d ~ ofr~ord;
Co[l~ County, ~ bcin~ North 00~9'12' West;
~ ettbc w~ 1/4 comer of e~dd Section 27;
thence ~ s~ w~ line N~ ~12' W~ ~ f~
~ ~ ~ ~ ~ ~45' ~ 2~5 ~ m ~ ~ OF B~~O
~ ~ ~'4~2' Wm ~.43 f~
~~ 74e~42' Wm 121~2 ~
~ ~ ~4~5 I' W~ 4~.~ ~
~~ ~ N~~I' Wm~.61 ~a~of~~
~~a~ ~~N~ 7~1" W~ 5~65 ~
c~ ~ ~ ~ g2~35~" W~ 45~ ~ ~ a ~ o~ ~~
~ ~ ~ ~ ~'16~" W~ 37~2 f~ ~ a ~ of~ ~
a ~ ~ ~ N~ g3'5~" W~ ~.70 f~
~ ~ 8~3'1~ W~ 18~6 f~
~ ~ ~11" W~ 71.63 f~
~ N~ g~3" W~ 3~.~ f~
~ ~ ~3" W~ 4~ f~
ExhR~ 2
$
120 2
thence South 51'01'05" West 27.49 feet;
thence South 33"25'42" West 19.95 feet;
thence South 15'39'57' West 20.54 feet;
tlgace South 10'54'31' West 34.64 feet;
thence South 89.20'06" West 101.06 feet;
thence North 10~45'58" East I01.42 feet to thc Point of Beffinning of the parcel ha'tin
Subject to easemems and restrictions of record.
Corttaining 0.48 acres rncn~ or less.
Bearings nt~ based on the vn~ line of said Sec~on 27 as being North 00~9'12" Wesa;
All that pm of Section 27, Township 48 Somh, Range 25 East, Collier Coumy, Florida
being more particularly described as follows:
C. ommem'ing ~t the w~st 1/4 comer of said Section 27;
theme alor, g said va~st line North 00'39'12" West 827.69 feet;
thence leaving said line North g9~0'45" East ~101.12 feet to the POINT OF BEGINNING
of the parcel her,-in
thence cominue North g9'20'45" East 443.43 feet;
thence South 05'n~4'48'' East 147.72 feet;
thence South 89.20'45" West 5 !.56 feet;
thence North 23'56'01' West 13.07 feet;
thence nordm4y 30.72 feet along the arc of a tangential circular curve concave to tl-,e east
having a rsdim of 80.00 feet through a central angle of 21'59'53" and being subtended by a
chord which bean North 12'56'04" West 30.53 feet;
thence North 05'01'01' Wes~ 31.56 feet;
thence North 36' 19'27"
thence North 56'04'43"
0~nx:e North 80~39'23"
thence North 88'39'20"
thence North 86'04'48"
therge North 89'49'56"
thence North 69'40'18"
West 32.02 feet;
West 35.11 feet;
Wes~ 32.53 feet;
West 97.78 feet;
West 45.79 feet;
Were 132.77 feet;
West 37.23 feet to the Point of Beginning of the parcel herren
Subject to easements a.nd rt~xictions of recxnd.
Containing 0.38 acres mort or less.
Bearings are based on the west line of said Section 27 as being North 00'39'12" West;
AND TOGETHER WITH THE FOLLOWllqG DESCRIBED PARCEL;
Exhibit 2
6
BEGINNING aI the r~flw~s~ corr~ of said Section 3:5;
thence alca~ lhe north liae of said Secgon 35 North 8904595" Ea~ 5231.69 feet to the we~
fight-of-way liae of AL'po~-Pulling Road (C.IL 31);
~ along mid randy right-of-way li~ Sou~ 00~31'47'' ~ :5258.31 feet to fl~e aomh
line oflakl ~ 3:5;
thet~ along said south line South 89039'22" West 2541.6:5 feet to the south 1/4 comer of
thence cotzinue gong said south line South a9"39'32' West 2641.3:3 feet to the southwest
~ along the soulh line of said ?a~ction 34 South 89051'02. West 391.57 feet to the
bomxim.y line ora pavce/deam~ in O.R. Book :524, page 121 oftbe Public Records of
~ along the ~ of mid pm:d North 01e03'33' West 295.29 feet;
cora:ave wetly havin8 a radius of 2929.93 feet ~ ~ cetm.al mzle of
12°42'i8.. and ' subtetxled a ' ,,
.. 18' .md ~ by chord ~ beata North 00°4759 East 648S7 feet;.
~ cotmtme
on th~ north lin~
g9~l~l' E~t 772.91 feet to the Po~ of Bqgnnin~,
~ 708..t9 acres more or le~;
subject to ea~mena md n:strictiom of record;
AND TOGETHER WITH THE FOLLOWlNO D~ED PARCH,
BEOINN~G at the nortlzmt cornet of mid Secfi~ 36;
~ gong the emi lira ofmid Section, South 02'12'03"
of. way li~ orVanderbilt i~'~; ~ ~,~,.ua tm to a point on the northerly right-
thence ~ said ~ rilta-of-way line North 89'3939" West 285:5.3:5 feet;
then~ continue along said ~ North 89°4Y59' West 2544.87 feet to a point on the easterly
right-of-way ~ ofAirport-Pu~ing Rosd (C.R. 3 I);
thence along said easterly fight-of-way line North 00~!'47' West 4490.03 feet to the
southwest corn~ of the east ! :5 feet of the west 115 feet of the south gO feet of tl~ north
619.49 feet of said Section 36;
thence along the south line of said land North 89o27'57, East 15.00 fee~;
,~..~--,., Exh~ 2
~ ?
12C 2
...a~ the ea~ ~ of~ land North 00'31'47" We~ gO.O0 feet;
~~ ~ ~ of~ ~ ~ g~5~ W~ 15.~ f~ ~ ~ ~ fi~f.
~~~~(C~ ~i~
~ ~ ~ ~f~ N~ ~1'4~ W~ ~39.49 f~ ~ ~ ~ ~ of~d
~ ~6;
thex~ along ~id nor& line N..c~_ 8 ..9~5T' Faut 3914.28 feet to the ~outhwest comer of
th~ e~ 1/2 ofth~ e~ 1/2 of~d Secti~ 2~;
~ ~ ~he w~ line ofthz e~ I/2 of the e~t !/2 of ~aid Section 2~ North 01°54'09~
wea 26~.~9 fe~
thmc~ confina~ along the ~ line of the e~ 1/2 ofthz e~t 1/2 or,aid Section 2~ North
01'$?16" We~ 2567.06
R~d (C.K. ~ te~t to a ~ on tl~ ~ right-of-way line of hnmokalee
theneo along ~fid fight-cfi-way North g9"14'36" East 1325.57 feet to the east line of said
thence ~ ~ east line of Section 25 South 02006'59. Ea~ 2569.75 feet to th~ east 1/4
then~ comint~ along ~ east lin~ of Section 25 South 02°00'46" East 2670.97 feet to the
Potnt of Beg~
comahgng 799.67 acres more or less;
total ~ cont~ 2076.28 2,072.88 acre~ more or less;
subject to emements ami restrictiom of record;
line of Section 35, being North 89"45'35" EasL
12C
2
t _l:
't,lll,[~I !,,~..[ ~
Milll' ,: r~
' |I ::'
ill
l
'! ~' il
Il,
i. : ,Ill' ' , ~1
Map H
Master Plan
Per. an Marsh Communities
120 2i
~c
Project d~TSl S
Augmt 20, 1997
Pw.p~red by:
David Plummm' & A~octate~, lac.
1~31 Heudry Street
Fort Myers, Florida 33901
~xhibit 3
12C 2
PELICAN MAR.qH COMMLrNfTy_
I~OTICE OF PROPOSKD CHANG];'
TRAFFIC STUDy
Pelican Marsh Communit7 is a mixed use resi,t--.:-, r~._,
~ in 1995. ~ ~ ,- ,----J- · ._ .~'~/_"~..,.?-~=,,~mem_oz ~~ J__~mpact (DRD.
..... -'-., · ,,,y,~ ,~ umaxam try ulanx~llee Road to the nm. th Vm~,,4~l+
commerei~ office and recrea~otml uses. t ne rroject s originally approved development
Residential
Single Family 1,200 d.u.
Multifamily 4,400 d.u.
Hotel 280 rooms
Reail"' 500,000 gl.
Office
General Office 250,000 sq. fL
Medical Office 100,000 sq. fi.
Cultttr~ Center 80,000 sq. ft.
Golf Course 36 bole~ total
Health Club 5,000 sq ft.
Tennis 18 cottrts
Park 20 acres
Study Ob_iective
Originally approved for thc above ~dcntified land uses. Pelican Marsh Commumty is proposing to
reduce single-family and multffamily residential units and retail, office and medical office squm'e
footage. At the same time., the commumty is proposing an ~ in hotel units and golfholes and
the designation of a 4.7 acre parcel for "commtmity facility" use. Also. the plan has been revised
to reflect the cx}nstruction of the Pelican Marsh Elementary School. which is in operation on a 20-
acre par'cci.
The purpose of this study is to determine what effect the proposed land use changes within the
Pelican Mwsh Comm~ty will have upon external trips that will be ~ by the Project. Since
the external trips ate being reduced substantially from what was originally approved, there will be
fev~-r Isxffic impacts, as a result of the change, than were originally forecasted.
Land Use Paramgter~
A comparison of theaplx-oved and revised landuse~ isptesented in Exhibit 2. For tra.~c
ana]ysi~ purposes, buildout is considered to be the year 2008. No change in the anticipated bu/Iclout
yem' for traffic pm'poses, therefore, is contemplated.
Trip Generation Comparison
The pealt hour trip generation associated with the revised development parameters was calculated
and compared to the trip generation associated with the originally approved DR] parameters.
The trip generation associated with the revised development parameters for Pelican Marsh
Community (Exhibit 3) was calculated using contemporary trip generation factors from ITE ~
f. tttZ:zati~ FitCh Edition. The resultant trips were then compared to the approved traffic forecasts
for Pelican Marsh Community reported in the Southwest Florida Regional Planning Council Staff
~ent, which are also based on ITE ~, Fifth Edition. The approved total.
internal and external trips for Pelican Marsh Community were derived from Table H-! in the
Develonment of Re_eional Impact Assessment for Pelican Marsh Cornmunit'v fl 1-9394-123),
November 1994, prepared by the Southwest Florida Regional Planning Council. This trip generation
comparison is summarized below
2
120 2
Trip Generation Comparison
Two-Way PM Peak Hour
Percent
Total 5,487 o.~ 4,594 m -893 -16.3%
Internal 944 799 o) NIA NIA
External 4,543 (' 3,795 -748 -16.5%
Pass-By 394 410 m N/A N/A
Net New 4,149 (' 3,385 -764 -18.4%
m ~j~C ~ Am~m~m. T~M H. I
Based on this comparison of the approved PM peak hour trips under the original RPC Staff
Assessment and the PM peak hour trips based on 0~e revised development parameters being
proposed fm the Project, · reduction ot' ! 8.4 percent in net new external trips is expected as a result
of the change in Project development parameters.
As indicated above, the following conclusions are apparent
The revised deve~ pemmete~ using cotmm~porary trip generation factors (i.e..
ITE ~..I~LCt[I3~I~ Fifth Edition), age expected to generate i 8.4% fewer peak bout
net new external trips tball the approved development tmramete~ also using
comemporary ITE ~ (Fifth Edition) trip rates and ~ljustments, ~ per
the RPC Sm'f Asa~sm~nt
The revised de~lopment parameters clearly result in less than a %.. 1:5 perctnt
increase in the number of external vehicle trips.., above that which was projected
developmenl does not. f~x'n a traffic standpoint, result in a substantial dcviation from
the origimd.
PELJCAN MARSH COMMUNITY LO~ATION MAP
120 2
PELICAN MARSH COMMUNITY
SUMMARY OF REVISED DEVELOPMENT PARAMETER."_
Single Family ! ,200 d.u 900 d.~.
Mukifamily 4,400 d.u. 4,200 d.u.
Medical Offme 100,000 sq. a. 50,000 sq. fi.
~ (I)
Shopping Center SO0.O00 sq. ft. )00,000 sq fL
He4el 280 rooms 400 rooms
Cultural Center S0,000 sq. R. S0,000 scI. fL
Health Club 5,000 SCl. ft 5,000 sq. ft.
Tennis I! courts 18 courts
Golf 36 holes 63 holes
Park in 20 Acres 0 Acres
School m 0 Students 950 Students
Church m 0 sq. ft. 50,000 sq. ft.
Percent
-300 d.u. -2 $.0'/,
-200 d.a. -4.5%
-100,000 sq. fL -40.0%
-50,000 sq. fL -50.0%
+!20 moms +42.~.
N/A N/A
N/A N/A
N/A N/A
+27 holes +750%
-20 Acres - 100.0%
+950 Students N/A
+50,000 SCl. ft. N/A
I_1[_ __ I ILl ............. I ..... L ........... I
M'e:X.E~MALY.OET~ 210
~ TllrA~ys
HOTFA. 310 4(X)
(~)
(1)
C)M.Y
es21
0
e~Zl
DJJ. TO'TN. 177 452 I:]21
~.MIIC ~1, ~6 M 1OS (2)
~ o Iq/,G. PA~,, fi s4 s4 10i C~
~, CCXld. IrAG. 1t 2 2 3
IXTI,q/ML 71~ ~41 1107
PAl&BY 0% 0 0 0
131 (4)
I:X)44
0
13044
ell Cz)
o
o
eli
o
111
14 FL ~l. 481 481 ~322
~-~F~, ~ 0 0 0
~,~F~ ~ 0 0 0
P~ 31% ~ ~ 410
14O43
112~ CZ)
0
0
12~20
k FL TOT)d. 43
ICT, JqNM. · klK::, fib tO t0 20
/4TEIq/M4. -/~.C. P)C~ 0'i 0 0 0
/4TEJqNM..CORM F~,. O'S 0 0 0
~ ~3 tgi 23t
PJ&I4Y O~ 0 · 0
NET NEW
0
0
~7~4
0
IqlTJqltM.. MIle. I% I e ti C~
~. I~EC. F~C. 0~ 0 0 0
~ - CC~AI. F~:. 0~ 0 0 0
[XTE,qNM. ~0 128
~ 0'~ 0 0 0iS)
NET NEW ~ 12~
li12
0
0
1483
0~
1483
~ TOT)4. 1~4 1~3 2M
14TENNM,. ~ elb 12 12 24
NT~]~M,- I~C:. Ir~ e,& 12 12 24
/4TE]I/tiL. ~ F~ 0'& 0 0 0
EXTI]qN~L 132 *0e 241
PAM-BI' 0"A 0 0 0
NET I~Y/ 1~2 IOe 241
0
2~10
0
2110
TOTAL S 5
I(TE.qN~L. ~. O'S 0 0
~ Ir~c~. 0% 0 0
- CC~ed. F~ t~ I 1
~ 4 4
PASI-IY O~i 0 0
I~rT NEW 4 4
10
0
0
2(4)
t
0
!
0
0
ml
o
S4LF~ TOT)L 11 10 21
14TE~&~. kIS~ O% 0 0 0
/eTERNaL- ~C. F)~. 0~ 0 0 0
K~ML - CC~iL F~ 15% 2 2 3 (~
[XTE~W~ O · 18
P4S&.IY 0% 0 0 0
NET HEW e 8 18
430 II ~
~IIdlLJC) 43O 18
1,41)LTH CLUB
TOTIL 31 2l 40
I(~3~L- ~ 0~ 0 0 ·
IdTE~ML- ~ ff~. m 27 27 S4G~
ICrl]qWL. ~ F)~ 0'& O 0 0
EXT~Nd~L 4 2 ·
PMI~Y 0% 0 0 0
NIT NEW 4 2 8
Mm TOT)L 48 44
I'(TE/qN~. ~ 0'11, 0 0 0
~ -/~C, P/~,. SOS 23 2~ al C~
fqTl]la'4~ - CCXmL/rAG. ~ 0 0 0
/)M&EY 01) 0 0 0
P('T I~Lrw 2S :21
klK SUITOT)L 13 0 22
C4M11 SUSTC~N. 2~ 2S 51 ~1)
I~ENNN.. ~ 011, 0 0 ·
I~n'lE~ - Nit.. Ir)C. ~ 33 33 es C~
/4TT~WL. ~ F~ 0% 0 0 0
EXT~N~ 8 1 7
PMd4Y 0~ 0 0 ·
NET~W e I 7
~. CC~IL F)C. S S I1
EXTTJ~ 2101 1005 3TBS
P)~-BY 2G5 2~6 410 ~)
NET NEW leO~ 14~0
S~b M~b 9.1%
12C
2
(1)
0
0
2~1
0
231
0
SI1 (3)
0
84
0
244 (S)
0
M
0
&4
50184
Ct? and m ltl. TM Oewnim (Sm (dk,~
COLLIER COUNTY Irt,ORIDA
REQUKST FOR Ir. GAL ADVERTISING OF PUBLIC I1EARING$
To:. Clerk (o tbe B~lrd: fle~e plice (be fdlawi~ll H ,:
{Mixion~. (Name&Addrcny. WCI Comnlunities. L.P.. 24301 WaldcnCcnte~Dflvt. BoflitaSorinfs. FL34134
1~,~ & Ad--ss c~m~r pmo,,(s) lo t~ ,xxffScd t~ Clak's O~cc:. Of more sp,c~ b ~ ~ ~ ~)
14tartn~ bc~ XXX B,7.A OO~hearing.
used:
P,uposed Tcu: 0ndude legal description & common Iota:ion & Sizr.. SEE AI'I'ACH~
~ pcmiOon(s), tf an,/& ptopomi bearing dine: P1.rD-93-1¢31
Does~F~eJndudtadvtrlistnfcos~[B~es f"] No lfYes, whatsxxx~sbouldbecharpxlfor~dvcflistngcostt
113-138323-649110
,hd / I - / O -
Lin Attachr,,cfl~
D~TRIBUTION INSTRUCi'IONS
{-] County Maaater azmda file:, to [] Rt'que~iut Dh4doe 00rifJnal
Clerk's Of Tice
B. Other heatings: Initiating Dtvision ~ to approve and submit original to Ocdt's Ofl'~r.. rctainin; a cupy for file.
fOR K~..tRK.'~ OiqqCt USl, ON'I,Y:
om :
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Ii111111111111111111111111111111111111111111~111111111111111111
~ ~6, (8:L31 77~-a4o0 ,
Fim~z'zm, (823) 77~,-~o6
1t-17I
11-271
12C-)
November 17, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition DOA-97-4
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, November 23, 1997, and kindly send the Affidavit of
Publication, in duplicate, together with charges involved
this office.
Thank ~ you.
Sincerely,
Ellie Hoffman, Deputy Clerk
Purchase Order 1800551
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Co~,.~,issioners of
Collier County, will hold a public hearigg on TUESDAY, DECEMBER 9,
1997, in the Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, Florida.
The meetfr~ will begin at 9:00 A.M.
The Board will consider Petition No. DOA-97-4, Mr. George L.
Varnadoe~ of Young, van Assenderp & Varnadoe, representing WCI
Communities, L.P., requesting an amendment to the Pelican Marsh
Development of Regional Impact (DRI) Development Order 95-1, as
amended, by providing for: Section One, Amendments to Development
Order by a~ending Paragraph 4, Findings of Fact to show revised
acreageslattributable to the various land uses within the development
and amen4ing Paragraph 4, Hurricane Evacuation/Floodplains, conclusions
of Law relating to the provision of Hurricane Shelters; Section Two,
Findings of Fact; Section Three, Conclusions of Law; and Section Four,
Effect of previously issued Development Order, Transmittal to
Department of Community Affairs and Effective Date.
Ail interested parties are invited to attend, to register to speak
and to sub. it 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
based.
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~, FI~RIDA
TIMOTHY ~. ~[ANCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman, Deputy Clerk
(SEAL)
!_iix ~ I!l__. J_ _ J.l~..I .................... I1_ III ............................I
November 17, 1997
WCI Communities, L.P.
24301 Walden Center Drive
Bonita Springs, F1 34134
Re: Public Hearing to Consider Petition DOA-97-4
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Com~issioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
November 17, 1997
Mr. George L. Varnadoe
Young, vanAssenderp & Varnadoe
801 Laurel Oak Drive, Suite 300
Naples, FL 34101
Re: Public Hearing to Consider Petition DOA-97-4
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
November 17, 1997
Mr. Steven Atkins, Planner
Development of Regional Impact Section
State of Florida
Department of Community Affairs
2740 Ce~terview Drive
Tallahassee, FL 32399
Re: Public Hearing to Consider Petition DOA-97-4
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
1 2C-
November 17, 1997
Mr. Daniel Trescott, DRI Coordinator
Southwest Florida Regional Planning Council
P. O. Box 3455
North Pt. Myers, FL 33913
Re: Public Hearing to Consider Petition DOA-97-4
Please be advised that the above referenced l~etition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
P,~ItOI~IJTZON 14'0. 9'/-
WlrgREAS, WCN Communl:ies, Inc., (herein "WCN") filed on
Novem~r 30, 1993, with the County of Collier an Application for
Development Approval (ADA) of a Development of Regional Impact
(DRI) know~ a PelicanMarsh Community in accordance with Subsection
380.06(6), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier Counuy,
Florida, approved Development Order 95-1 (the "Development Order")
for th~ Pelican Marsh Cowm~u%£ty DR! on January 24, 1995; and
WMERFJtS, the Board o[ County Commissioners of Collier County,
Florida, approved Developmen= Order 95-5 by Resolu~ion No. 95-555,
amending Develo~men= Order 95-1, on September 26, 1995, to change
the legal description of the Pelican Marsh Community; and
WHEREAS, WCI Communities, a limited partnership (herein
the successor in interest to WCN desires to amend the legal
description of the Pelican Marsh Community to delete a 3.4 acre
parcel of land, to make certain revisions to the plan of
development and Development Order for the Pelican Marsh Community
and to make certain changes to the amount of developmenu approved
herein; and
WHBRF. AS, WCI, through its authorized agent, has filed its
and notification of a proposed change to Development
CO LL II2,...C9~ OIX~ rl'T I)1~'
~OOl
2BCX) N. H~ DRIY~
~BO~Z01( JOC~C322~ DZWI~OIqiZl~ O~JY~t ~- 95-2,
~, g~ C~ni~Lel, Zno. , (here~ 'W~~) ~e~ on
g~e~r 30, 2093, w~h ~he Count;y of ~ollier sn A~lica~ion ~or
~el~n~ ~pr~al (~A) ol m hvelopsfl~ ol
her.~fl; and
~pp~cl~on ind noc~clc~o~ o~ i pc~le~ chlngi ~o ~vi~op~n~
Order 95-1, ms IMmded, which is ~CClched hereto and incorpora=ed
WlT~R.EAS. ~ha Co~e~ Co~y Do.~d o~ Co~
p~ee~ O~d~na~ce ~o. 9~- , o~
C~Cer 380.06(19), Plorida Statutes,
~, on ,
IS0.06, ~Xor~da ECiC~Ctl, hAv~n~ co~lidice~
hem~ng, mhd hiving conliderld Chi record of thi documin~mu ind
o~1~ ~ldenct p~i{incld co chi CoXl~lr C~n~y plmnnLng C~ill~On~
Co~Xil~one~l of Co~lLec CoM~c~' hi~t~ appcovel Chi foll~n~
Pa~Lc~n ~rsh C~~y DeveL~nC O~dmr. mi ~mended~
A. Pi=lgrnph 4 of Chi Findingl of FAce Sec=~on of
~dl ~ ire
120-
m4d£cml o££1ce ~oe; OGO ~ ho~el ~s; ~,_~o .......... --
~.~ and an O0 000 e~ ~ ~l~urll Cen~--r
(A~AC~Ion ~icil i~y) wl~h ~50 ~eB~ ~ 400 ~ki~g ~&ce~
and c1~~-~ 330.& accel o~ co~l~io~ a~e~, (O~ o~
~=luot~. of ~v Secc~ st 9evelopn~ ~der OS-X, mo m~nded,
follo~m,
4.
~X C~d~l IYACUAT X 01( / IlL OOD PLA:Z:MI
3
__~
~.~ .....................
County' m -Murrtcmnm lnfo~ition" document, which
~nd hurricin~ tvl~s~ton rou~s~ s~uld resid~n~s
event o~ a hurrt :ane e~rgency. A= a mini~m,
(1) ~vncua~e all
upp. r iloor ~n~srior hallvay- ant unoccupied
roome ~ot e~}x)mmd to direct wind impact; or
(]) direct ~usmtm to mh~lte~m ~n thm
o~ic~ o[ ~me~gen~ M~&ge~nc, a~ appr~iate, to
staten9 t~t the pr~erty i~ located in a hurricane
clear&nee tfme fo~ Collier CounC~ or the
All units wiiX ~ re~ired Co have finished
tn the uni~s being a~e 11.0 fseC, =he
Ca=agow ~ FI~ Zone according ~o ~SH, which
e~Xea c~m ~o ~alify ~or vertical evact'.a~ion
All c~i~mence ~ade ~ the .pplic/nt wi':~n the
23 (Hurric~e Pre,pare~esl), and not in conflict
12C-3
Bo The &~lic&cion Is l~ &cc:stall, ce with Beccion 380.0~(1~)
Flo~t~
o~ F~CC a~ paragraph 4.
~C.
B. A c~re~nsive review o~ ~ho i~ac~ generated ~ ~he
380.0~, Florida
A. ~e re~emced aMndMn~ of Ohio previously a~ed
O~ the SM~pc and does no~ conml;A~uCo a 'substantial devta~Aon"
~Ffumn~ ~o Oec~io~ 3e0.06{Xg), FloFi~
~eX~enc Order will no~ ur~easonably Znce=~ere with
achieveMfl~ o~ ~he objectives og ~he idopced Btate 4afld Devel~n~
PL~ a~licable ~o ~he area.
~el~nc Ordlr ~ co~sclnc ~ch the BC~e C~ehen~e P~.
~. ~cep~ a~ a~ed here~. ~velo~n~ ~der ~5-S.
a~ed mhall ramain In ~ull rocca ~d egfecC, binding in
4
AA~ AT, ~?
~ uu~
12g-3
~hereo£.
chill be
B. Copiem of ~h£e I:~veXc~nc Order 9~- ,
C~l~y lflsiro, Bureau o[ ~nd and Wa~er ~nageMnc, and ~b
f~wes~ Floria ~egional Planning C~ncll.
~is ~veXopmen~ Order shall ~ake eIfecc am provided ~
Xmw.
~0~ ~.
~ne ~him d&~ of , 1~7.
BY s
TIMOTHY L. HA~COCK. ChmiFn~un
ATTF.~T:
4 DWXOHT B. BROCK, CXerk ·
Approved ma Co £or~ and
Aleil=&nC County Attorney
?
:': ....__!~.ll .......... [ ........ 1 I~LI ...... IlL ....................... I ....... Ill I I .... II
DEVELOPMENT ORDER NO. 97- .
RESOLUTION NO. 97-__
A RESOLUTIO~ AMENDING DEVELOPMENT ORDER NO. 95-1, AS AMenDED, FOR
THE PELICAN MARSH DEVELOPMENT OF REGION]~L IMPACT BY PROVIDING FOR~
SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY AMENDING PARAGI~2d~H
4, FINDINGS OF FACT TO SHOW REVISED ACREAGES A-~-~IBUTABLE TO THE
VARIOUS LAND USES WITHIN THE DEVELOPMENT AND AMENDIN~ PARAGRAPH 4
HURRICANE EVACUATION/FLOODPLAINS, CONCLUSIONS OF LAW RELATING TO
THE PROVISION OF HURRICANE SHELTER's SECTION TWO, FINDINGS OF FACT~
SECTION THItEE, CONCLUSIONS OF LAW! AND SECTION FOU~, EFFECT OF
PREVIOUSLY ISSUED DEVELOPTIENT ORDER, TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRS AND EFFECTIVE DATE.
WHEREAS, WCN Communities, inc., ~herein "WCN') filed on
November 30, 1993, with the County of Collier an Application for
Development Approval ~ADA) of a Development of Regional Impact
(DRI) known a Pelican Marsh Community in accordance with Subsection
380.06(6), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 95-1 (the "Development Order")
for the Pelican Marsh Community DRI on January 24, 1995; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 95-5 by Resolution No. 95-555,
amending Development Order 95-1, on September 26, 1995, to change
the legal description of the Pelican Marsh Community; and
WHERF.~t~, WCI Communities, a limited partnership (herein
the successor in interest to WCN desires to amend the legal
description of the Pelican Marsh Community to delete a 3.4 acre
parcel of land, to make certain revisions to the plan of
development and Development Order for the Pelican Marsh Community
and to make certain changes to the amount of development approved
herein; and
WHERE/%S, WCI, through its authorized agent, has filed its
application and notification of a proposed change to Development
Order 95-1, as amended, which is attached hereto and incorporated
by reference, marked as Exhibit "A"; and
WHEREAS, the Board of County Commissioners as the governing
body of the unincorporated area of Collier County, with
jurisdiction pursuant to Section 380.06, Florida Statutes, is
i
=~==_ =..==u-._ are dele=ions.
Wo~d~ ~ are &dd£~£ons! Words · ~ ~
authorized and empowered to consider proposed changes to the
Pelican Marsh Community DRI Development Order 95-1, as amended; and
WHEREAS, the Collier County Board of County Commissioners has
passed Ordinance No. 97- on , 1997, which
amended the PUD zoning for the Pelican Marsh Community approved in
Ordinance No. 95-4 on January 24, 1995; and
WHEREAS, the issuance of a development order pursuant to
Chapter 380.06(19), Florida Statutes, does not constitute a waiver
of any power or rights regarding the issuance of other development
permits not consistent herewith by the County or State; and
WHEREAS, on , 1997, the Board of County
Commissioners, at a public hearing in accordance with Section
380.06, Florida Suatutes, having considered WCI's application and
Notice of Proposed Changes to the Pelican Marsh Community
Development Order 95-1, as amended, and the record made at said
hearing, and having considered the record of the documentary and
oral evidence presented to the Collier County Planning Commission;
the report and recommendations of the Collier County Planning
Commission; the report and recommendations of the Collier County
Staff and Advisory Boards; the report and recommendations of the
Southwest Florida Regional Planning Council, the Board of County
Commissioners of Collier County hereby approves the following
Pelican Marsh Community Development Order, as amended:
S~CTION ONE~ AKENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 4 of the Findings of Fact Section of
Development Order 95-1, as ~mended (Resolution 95-71, as amended)
is hereby amended to read as follows:
4. The applicant proposes the development of the
Pelican Marsh Community consisting of 2,C75 2.072 acres~ ~
P~lican Marsh includes ~ ~Jv 80 acres of rcb-:~ ~......~_~:-~ u~c~
......... ~,~ ^~ contain the
"activity center" use which will ........ ~--~ ~"=,
followin~ land uses: UP tO 345.000 square feet of gross floor area
(GFA) ; 29 &crc~ -~ c ..... of ~etail commercial ~
.......... 5","~ Use: UD tO 200 000 square feet of GFA~
Words un~erl~ are additions; Words e~-m~a--%~ are deletions.
,-- ^^^ '--' of office commercial use with up to 50 000 GFA
of medical office use; .~n 400 hotel rooms;
~---'~: ..... ~'-- and an 80,000 ~ GFA Cultural Center
(Attraction Facility) with 750 seats and 400 parking spacesT
;r,---.~.-_c -c.~ courses; and The Pelican Marsh Community will
contain a maximum of 5.100 residential dwelling units: 63 holes of
golf and clubhouses: 330.4 acres of conserwation area, (some of
which is within e a~ FP&L easement) ,---~9'~_~114.2 acres of open spac~
~hc ............ ..__ _...,,,....): add a 20 acre school site.
B. Paragraph 4, "Hurricane Evacuation/Floodplains" of the
Conclusions of ~w Section of Development Order 95-1, as amended,
(Resolution 95-71, as amended) is hereby amended to read as
follows:
4.
HII~HI CANE EVACUATION/FLOODPLAINS
A. The applicant ~h---ll
bas orovided for the donation of the 20 acre site
of =he Pelican Marsh Elementa~ Sch~l to the
Collier Countv Sch~l Board. The Pelican Marsh
Elementa~ School consistin~ of 146.200 s~are feet
of ~ross floor area has ~en const~cted on the
~ite and is in operation. The Collier Countv
Office of Emergency Management has approved and
~cceDted ~he Pelican Marsh Elemen~a~ School as a
hurricane evacuation shel~er. Th~ applicant's
~onat ion of =his sch~l site satisfies and
comDletes ~he aDolicant's obli~ation =o provide
hurricane shelter space for the residents of the
~elican Marsh Co.unity.
Wo~ds ~ are additions/ Words ~ are deletions.
IZC-
~ ~. The applican%, or The Foundation of
Pelican Marsh (property owners association) shall
annually distribute to all residents Collier
County's .Hurricane Information" document, which
provides information on the need for residents to
evacuate, preparations for an approachin~ storm,
and hurricane evacuation routes, should residents
desire to leave the development.
~ ~. The hotel management shall distribute Collier
County's -Hurricane Information" document in the
event o~ a hurricane emergency. At a minimum,
hotel management shall recommend early evacuation
for all rooms at elevations below 14.8 feet NG%~D.
Hotel management shall:
(1) evacuate all guests;
(2) provide shelter space for evacuated guests in
upper floor interior hallways and unoccupied
&
Words ~ mrs addiCions/ Words o~i.q~4t~b~,~ are deletions.
rooms not exposed to direct wind impact; or
(~) direct quests ~o shelters in the project.
~ ~. The applicant shall meet with the Collier County
Office of Emergency Management, as appropriate, to
coordinate the use of any excess shelter space (if
available) by the general public.
~ ~. All deeds to property located within the Pelican
Marsh Community shall be accompanied by a
disclosure statement in the form of a covenant
stating that the property is located in a hurricane
vulnerability zone, that the hurricane evacuation
clearance time for Collier County or the Southwest
Florida Region is high, and/or hurricane shelter
spaces are limited.
· E. All units will be required to have finished first
floor elevations at or above 11.0 feet due to SFWMD
and FEMA requirements for water management and
flood control. This elevation requirement results
in the units being above 11.0 feet, the minimum
Category 3 Flood Zone according to SLOSH, which
enables them to qualify for vertical evacuation
under the Special Hurricane Preparedness District
in Rule 9J-2.0256, Florida Administrative Code.
~ ~. Ail commitments made by the applicant within the
ADA and subsequent sufficiency round information,
related to Question 16 (Floodplains) and Question
23 (Hurricane Preparedness), and not in conflict
with the above recommendations, shall be
incorporated into the development order as
conditions for approval.
BECTIONTWO~ FINDINGS OF FACT
A. That the real property which is the subject of this
amendment petition is legally described as set forth in Exhibit
"A", attached hereto and by reference made a part thereof.
5
Words ~ &re &driP,ions; Words =~=u-=~ -~ ...... are delecion~
B. The application is in accordance with Section 380.06(19),
Florida Statutes.
C. The development of Pelican Marsh Community on 2,072 acres
of land shall include the land uses described in the above Findings
of Fact at paragraph 4.
D. The requested amendment to the previously approved
Development Order is consistent with the report and review of the
SWFRPC.
E. A comprehensive review of the impact generated by the
requested amendment has been conducted by the County's departments
and the ~TFFRPC.
F. The development is not in an area designated an Area of
Critical State Concern pursuant to the provisions of Section
380.06, Florida Statutes.
SECTION TH~EI~ CONCLUSIONS OW LAW
A. The requested amendment of this previously approved
Development Order is consistent with the report and recommendations
of the SWFRPC and does not constitute a 'substantial deviation"
pursuant to Section 380.06(19), Florida Statutes.
B. The proposed amendment to the previously approved
Development Order will not unreasonably interfere with the
achievement of the objectives of the adopted State Land Development
Plan applicable to the area.
C. The proposed amendment to the previously approved
development is consistent with the Collier County Growth Management
Plan and the Land Development Regulations adopted pursuant thereto.
D. The proposed amendment to the previously approved
Development Order is consistent with the State Comprehensive Plan.
SECTION WOUR~ EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER(S)
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 95-5, as
amended shall remain in full force and effect, binding in
accordance with its terms on all parties thereto. This amended
Development Order shall take precedence over all other applicable
Words ~ az'o &ddit~ons; Words ~ are deletions.
' 12C-
previous and subsequent Development Orders which are in conflict
thereof.
B. Copies of this Development Order 97- shall be
transmitted immediately upon execution to the Department of
Community Affairs, Bureau of Land and Water Management, and the
Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by
law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of the Board.
This Resolution adopted after motion, second and majority
vote.
Done this day of , 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
I)WIGHT E. BROCK, Clerk
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to form and
legal sufficiency:
MarJo~ie M. Student
Assistant County Attorney
?
Words ~tlld~l~tlled are mdditions~ words ~ are deletions.
December 11. 1997
Mr. Daniel Trescott
DRI Coordinator
SWFRPC
P. O. Boxy3455
North Fort Myers, FL 33918-3455
Re: Development Order 97-4/Resolution 97-457, Regarding
Pelican Marsh Development of Regional Impact
Dear Mr. Trescott:
Transmitted herewith is a certified copy of the
above-referenced document, adopted by the Board of County
Commissioners of Collier County, Florida, on Tuesday, December
9, 1997.
Very truly yours,
DWIGHT E. BROCK, CLERK
Ellie Hoffman, Deputy Clerk
/ejh
Enclosure
December 11, 1997
Mr. Steve Atkins, Planner
Development of Regional Impact Section
State of Florida
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399
Re:
Development Order 97-4/Resolution 97-457, Regarding
Pelican Marsh Development of Regional Impact
Dear Mr. Atkins:
Transmitted herewith is a certified copy of the
above-referenced document, adoDted by the Board of County
Commissioners of Collier County, Florida, on Tuesday, December
9, 1997.
Very truly yours,
Dg;IGHT E. BROCK, CLERK
Ellie Hoffman, Deputy Clerk
/ejh
Enclosure
December 11, 1997
Mr. Thomas Beck
State of Florida
Department of Community Affairs
Division of Resource Planning & Management
2740 Centerview Drive
Tallahassee, FL 32399-2100
Development Order 97-4/Resolution 97-457, Regarding
Pelican Marsh Development of Regional Impact
Dear Mr. Beck:
Transmitted herewith is a certified copy of the
above-referenced document, adopted by the Board of County
Com~nissioners of Collier County, Florida, on Tuesday, December
9, 1997.
Very truly yours,
DWIGHT E. BROCK, CLERK
Ellie Hoffman, Deputy Clerk
/ejh
Enclosure
nmte,, iq. ~
Afftdlvtt of I~tt~ton
PO eo~ &1~16
NN~LES fL ~1(71-3016
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*fl Cott~m' C~, fto~tde: thet the ~ttid~d
PUBLISHED Ow: 11/~L
12C-3
3
DEVELOPMENT ORDER NO. 97- &
RESOLUTION NO. 97- 45Y
A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 95-1, AS AMENDED, FOR
THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR:
SECTION O1TE, AMENDME1TTS TO DEVELOPMENT ORDER BY AMENDING PARAGRAPH
4, FINDINGS OF FACT TO SHOW REVISED ACREAGES ATTRIBUTABLE TO THE
VARIOUS LA~D USES WITHIN THE DEVELOPMENT AND AMENDING PARAGRAPH 4,
B1~RRICANE EVACUATION/FLOODPLAINS, CONCLUSIONS OF LAW RELATING TO
THE PROVISION OF HURRICANE SHELTERS~ SECTION TWO, FINDINGS OF FACT~
SECTION THREE, CONCLUSIONS OF LAW~ AND SECTION FOUR, EFFECT OF
PREVIOUSLY IS~umu DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF
COMMD~NITY AFFAIRS AND EFFECTIVE DATE.
WHEREAS, WCN Communities, Inc., (herein "WCN") filed on
November 30, 1993, with the County of Collier an Application for
Development Approval (ADA) of a Development of Regional Impact
(DRI) known a Pelican Marsh Community in accordance with Subsection
380.06(6), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 95-1 (the "Development Order')
for the Pelican Marsh Community DRI on January 24, 1995; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 95-5 by Resolution No. 95-555,
amending Development Order 95-1, on September 26, 1995, to change
the legal description of the Pelican Marsh Community; and
WHEREAS, WCI Communities, a limited partnership (herein "WCI")
the successor in interest to WCN desires to amend the legal
description of the Pelican Marsh Community to delete a 3.4 acre
parcel of land, to make certain revisions to the plan of
development and Development Order for the Pelican Marsh Community
and to make certain changes to the amount of development approved
herein; and
WHEREAS, WCI, through its authorized agent, has filed its
application and notification of a proposed change to Development
Order 95-1, as amended, which is attached hereto and incorporated
by reference, marked as Exhibit "A"; and
WHEREAS, the Board of County Commissioners as the governing
body of the unincorporated area of Collier County, with
jurisdiction pursuant to Section 380.06, Florida Statutes, is
1
words underlined ars additions; Words ~ are deletions.
· ' 12C }
authorized and empowered to consider proposed changes to the
Pelican Marsh Community DRI Development Order 95-1, as amended; and
W~EREAS, the Collier County Board of County Commissioners has
passed Ordinance No. 97-79 on December 9 , 1997, which
amended the PUD zoning for the Pelican Marsh Community approved in
Ordinance No. 95-4 on January 24, 1995; and
WHEREAS, the issuance of a development order pursuant to
Chapter 380.06(19), Florida Statutes, does not constitute a waiver
of any power or rights regarding the issuance of other development
permits not consistent herewith by the County or State; and
WHEREAS, on Decca)er 9 , 1997, the Board of County
Commissioners, at a public hearing in accordance with Section
380.06, Florida Statutes, having considered WCI's application and
Notice of Proposed Changes to the Pelican Marsh Community
Development Order 95-1, as amended, and the record made at said
hearing, and having considered the record of the documentary and
oral evidence presented to the Collier County Planning Commission;
the report and recommendations of the Collier County Planning
Commission; the report and recommendations of the Collier County
Staff and Adviscry Boards; the report and recommendations of the
Southwest Florida Regional Planning Council, the Board of County
Commissioners of Collier County hereby approves the following
Pelican Marsh Community Development Order, as amended:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 4 of the Findings of Fact Section of
Development Order 95-1, as amended (Resolution 95-71, as amended)
is hereby amended to read as follows:
4. The applicant proposes the development of the
Pelican Marsh Community consisting of ~ ~.072 acres~
Pelican Marsh includes ; 50 80 acres of r~ta., commercial
'activity center" use which will ........
following land uses: up to 345.00Q square feet of gross floor area
= c..ice., of ~etail commercial
(GFA) ; 20 acrcs
......... ~ ~nn use: UD tO 200 000 square feet of GFA~
12g
~OO,OeO :~;=r: '--~ of office commercial use. with UD tO 50,000 GFA
of medical office use; 2~9 ~ hotel rooms; 5,~00 rc=idcntial
~"-~= ..... :~-- and an 80,000 ....... ~-~ QFA Cultural Center
(Attraction Facility) with 750 seats and 400 par}.ing spacesT
mu...-.c -c.. csurscs; ~-~ ~. The Pelican Marsh Communi=v will
contain a maximum of 5,100 residential dwellin~ units: 63 holes of
~olf and clubhouse~; 3~0,4 acres of conservation area, (some of
which is within e an FP&L easement),~.:~ 114.2 acres of open space~,
'~ ............. ); and a 20 acre school site.
B. Paragraph 4, "Hurricane Evacuation/Floodplains" of the
Conclusions of Law Section of Development Order 95-1, as amended,
(Resolution 95-71, as amended) is hereby amended to read as
follows:
4.
HURRICANE EVACUATION/FLOODPLAINS
A. The applicant -~-~ construct ~- -~- -~..~
has provided for the donation of the 20 acre sit-
of the Pelican Marsh Elementary School to the
Collier County School Board, The Pelican Marsh
Elementary School consistin~ of ,148,200 sGuare feet
of ~ross floor area has been constructed on
site and is in operation. The CollicF County
Office of Emergency Management has approved and
accepted the Pelican Marsh Elementary School a~ a
hurricane evacuation shelter, The applicant's
donation of this school site satisfies and
completes the applicant's obligation to Drovid.
hurricane shelter space for the residents of
Pelican Marsh CommunitY,
3
Words ~ ars addtttonsi Words ~ are deletions.
12C
...... icc
E~..crgcncy .~.ana~cmcnt ~
C. Thc ~rtlcn
cmcrgcncy .......... ~ ~
.~ - ........ cncra ~ ion, ccmmunicat ions,
---: ..... ~-~it:-- and ~iru~ aid ~--'~
8 ~. The applicant, or The Foundation of
Pelican Marsh (property owners association) shall
annually distribute to all residents Collier
County's "Hurricane Info~ation" document, which
provides info~ation on the need for residents to
evacuate, preparations for an approaching sto~,
and hurricane evacuation routes, should residents
desire to leave the development.
~ ~. The hotel management shall distribute Collier
County's "Hurricane Information" document in the
event of a hurricane emergency. At a minimum,
hotel management shall recommend early evacuation
for all rooms at elevations below 14.8 feet N~.
Hotel management shall:
(1) evacuate all guests;
(2) provide shelter space for evacuated ~ests in
upper floor interior hallways and unoccupied
4
words ~ are addftfons; Words ~~ are deletions.
rooms not exposed to direct wind impact; or
(3) direct guests to shelters in the project.
~ ~. The applicant shall meet with the Collier County
Office of Emergency Management, as appropriate, to
coordinate the use of any excess shelter space (if
available) by the general public.
~ ~. All deeds to property located within the Pelican
Marsh Community shall be accompanied by a
disclosure statement in the form of a covenant
stating that the property is located in a hurricane
vulnerability zone, that the hurricane evacuation
clearance time for Collier County or the Southwest
Florida Region is high, and/or hurricane shelter
spaces are limited.
~ ~. All units will be required to have finished first
floor elevations at or above 11.0 feet due to SFWMD
and FEMA requirements for water management and
flood control. This elevation requirement results
in the units being above 11.0 feet, the minimum
Category 3 Flood Zone according to SLOSH, which
enables them to qualify for vertical evacuation
under the Special Hurricane Preparedness District
in Rule 9J-2.0256, Florida Administrative Code.
~ 2. All commitments made by the applicant within the
ADA and subsequent sufficiency round information,
related to Question 16 (Floodplains) and Question
23 (Hurricane Preparedness), and not in conflict
with the above recommendations, shall be
incorporated into the development order as
conditions for approval.
SECTION TWO~ FINDINGS OF FACT
A. That the real property which is the subject of this
amendment petition is legally described as set forth in Exhibit
"A", attached hereto and by reference made a part thereof.
5
Words ~n~erlined ars additions; Words ~ are deletions.
12g
B. The application is in accordance with Section 380.06(19),
Florida Statutes.
C. The development of Pelican Marsh Community on 2,072 acres
of land shall include the land uses described in the above Findings
of Fact at paragraph 4.
D. The requested amendment to the previously approved
Development Order is consistent with the report and review of the
SWFRPC.
E. A comprehensive review of the impact generated by the
requested amendment has been conducted by the County's departments
and the SWFRPC.
F. The development is not in an area designated an Area of
Critical State Concern pursuant to the provisions of Section
380.06, Florida Statutes.
SECTION THR~E~ CONCLUSIONS OF ~AW
A. The requested amendment of this previously approved
Development Order is consisten: with the report and recommendations
of the SWFRPC and does not constitute a "substantial deviation"
pursuant to Section 380.06(19), Florida Statutes.
B. The proposed amendment to the previously approved
Development Order will not unreasonably interfere with the
achievement of the objectives of the adopted State Land Development
Plan applicable to the area.
C. The proposed amendment to the previously approved
development is consistent with the Collier County Growth Management
Plan and the Land Development Regulations adopted pursuant thereto.
D. The proposed amendment to the previously approved
Development Order is consistent with the State Comprehensive Plan.
SECTION FOURs EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 95-5, as
amended shall remain in full force and effect, binding in
accordance with its terms on all parties thereto. This amended
Development Order shall take precedence over all other applicable
Wowds ~ are addi2ions~ Words ~ are deletions.
previous and subsequent Development Orders which are in conflict
thereof.
B. Copies of this Development Order 97-4 shall be
transmitted immediately upon execution to the Department of
Community Affairs, Bureau of Land and Water Management, and the
Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by
law.
BE IT FURT~ER RESOLVED that this Resolution be recorded in the
minutes of the Board.
This Resolution adopted after motion, second and majority
vote.
Done this ~ day of
ATTEST: ",'%'
DWIGHT. E. 'BR''K, Clerk
~p~rove~d. a"' tO form and
legal ~sdff iciency:
~ , 1997.
BOARD OF COUNTY COMMISSIONERS
COLL I ER~COUNTY, FLOR I~DA
TI~OTHY/~. COCK, C airman
/
Marjo~ie M. Student
Assistant County Attorney
7
Words underlined are additions; Words e~e%*ek-~m*~g& are deletions.
12C
FORM RPM-BSP- PROPCHANGE- 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerwiew Drive
Tallahassee, Florida 32399
904/488-4925
Subsection 380.06 (19), Florida Statutes, requires
submittal of a pr~poled change to a previously approved DRI be made
to the local g~vernment, the regional planning agency, and the
state land planning agency according to this form.
1. I, ~eorgs ~-. Farna4~e, the undersigned owner/authorized
representative of W~ZZ Coanunities, L~mited Partnernfu[p, hereby give
notice of a proposed change to a previously approved Development of
Regional Impact in accordance with Subsection 380.06 (19), Florida
Statutes. In support thereof, I submit the following information
concerning the Psllumn Marsh development, which information is true
and correcu to the best of my knowledge, i have submitted today,
under separate cover, copies of this completed notification to
Collier County, to the Southwest .Florida Regional Planning .Council,
and to the Bureau of State Planning, Department of Community
Affairs.
Exhibit "A" .-
CO~9~,'T~D AP~O~ OF
This Co~sent and Appointment of Agent is made this
__~_~~, 1997 by WCI Co~nunities Limited
(herein~Xter referred to as the
~da, y of
Partnership
WITNESS ETH
W]IEP. EA~, the Owner has a mailing address of 24301.Walden
Center Drive, Bonita Springs, Florida 34134; and
WHEREAS, the Owner owns approximately 2075 acres of land
located in Collier County, Florida, more particularly described in
Exhibit "A", attached hereto (hereinafter the 'Subject Property"),
which land is located within the Pelican Marsh Development of
Regional Impact ("DRI") which was approved in Development Order 95-
i issued by Collier County on January 24, 1995; and
~, the Owner intends to carry out development on the
Subject Property described in Exhibit "A" which will require
changes, amendments, or additions to the Pelican Marsh Community
PUD and DRI Development Order 95-1, that were issued by Collier
County, and in addition, may require approvals or actions by other
· agencies of the state of Florida and agencies of local government;
and
WHEREAS, the Owner has decided to appoint an agent to
represent them in preparing applications for, and obtaining, any
and all governmental approvals necessary to develop the Subject
Property in the manner intended by the Owner, and to authorize said
agent to act on its behalf with full authority, to obtain such
approvals, including amendments to the PUD and the DRI Development
Orders previously issued b~Collier County for the Subject Property
described in Exhibit 'A=.
NOW~FORE, the Owner, in order to authorize and direct its
agent and representative to act on its behalf to apply for and
obtain necessary governmental and agency approvals on the Subject
Property, consents to the following:
APPOINTMENT OF AGENTS
1. George L. Varnadoe and the law firm of YoUng, van
Assenderp & Varnadoe, P. A., whose address is 801 Laurel Oak Drive,
Suite 300, Naples, FL 34108, are hereby designated and appointed
the agent/representative of the Owner, with full authority to act
on its behalf to perform all legal services related to, and to
supervise the preparation, submission, and' review of any
applications needed to obtain approval of the Owner's plan of
develo~nt for the Subject Property described in Exhibit "A".
2. George L. Varnadoe and the law firm of Young, van
Assenderp& Varnadoe, P. A., are authorized to representand to act
as agents for the Owner with their full authority before any and
all governmental entities, and any agencies of the state and
federal government as maybe appropriate and reasonably related to
obtaining approval of proposed development on the Subject
Proper~ies, including a~endments to the DRZ Development Order, and
PUD zoning or rezoning on the Subject Property. These agencies or
entities may include, but shall not be limited to, the following:
a. The Collier County Board of County Commissioners and
all departments, divisions and sub-units of Collier County.
b. The Southwest Florida Regional Planning Council.
c. The Florida Departments of Community Affairs,
Environmental Protection, and Transportation.
d. The Florida Secretar~ of State and all other .Cabinet
level offices and agencies.
e. The Florida Land and Water Adjudicatory Commission.
f. The South Florida Water Management District.
AS EVIDENC~ OF CONSENT TO AND APPOINTMENT OF THE AGENT named above,
the Owner, WCI Communities Limited par~nership has signed below.
WCI COMITIES LIMITED PARTNERSHIP
WITNESSES
Signature
Printed Name
12C
o
Applicant (name, address, phone).
WCX C~itiss, Limited Partnership
24301 Walden Center Drive
Bonita Springs, Florida 34134
(94l) 947-2600
Authorized Agent
~eo~e L. Varnadoe
Young, van A~senderp & Va~e, P.A.
S~eC ~il~
80X ~eX O~ ~ive, Suite 300
~le., ~i~ 3Aloe
(94X) 587-2814
l~ocation (City, County, Tovnship/Range/Section) of approved
DRX and proposed change.
The Pelican Marsh C~t~F is located in Sections 2S, 27, 34,
3S and 36, Township 48 Sou~h, Range 25 East, Collier Count,
Florida.
Provide a couplets description o£ the proposed change.
Include any proposed changes to the plan of development,
phasing, additional lands, co~nenceuent date, buildout date,
cleveloI~nent order conditions and requirements, or to the
representations contained in either the development order or
the Application for Development Approval.
Indicate such changes on the project master site plan,
supplementing with other detailed maps, as appropriate.
Additional information may be requested by the Depax~cment or
any reviewing agency to clarify the nature of the change or
the resulting impacts.
Tho~elA~auMarsh Coammni~DRXwaf approved by Collier Coun~
on manuary 24, 10OS, An Resolution No. 95-71,
Development Order 9S-1. Severe1 ~m~h~ after ~he Pelican
Marsh Cc~muni~y DO ,I, ms issued, th. applicant entered Ante a
· oundarF Settlement A~xee~nt wA~ ~he adjacent proper~lf owner
to ~ha north o£ ~he pro~ect. A ~otice of Proposed ~e was
~ah~ttted to incorporate the new bcmm~x~. CoLlier C~unt~
ap~Fr~vedtheNOPConSe~tember 26, 199S, ~, ResolutAon No. 9S-
SSS, appwc~in~DevelopeaentOrder 9S-S, vh~h relu.l, ted4~na net
addition of one acre vAtb/n the southern bc.~-~.Ty of ~elAcan
Marsh be~weenU.S. 42 on thew oat ana OoedAet~e-rran~~on
t~mo east. Development Older 9S-S i2~rease4 t. he faze of
PelicanMarsh Community by one acre to a total of 2,07S acres.
-2-
12C }
Bignificant development of the Pelican Marsh Co ....... ,~tt7 has
occurred during the past 2~ years primaril~ on the western
portion of the site. The opportunity to create a destination
golf resort on the land east of Airport-Pulling Road and a
desire to refine the previously approved plan of deve.lopment
have led to this Notice of Proposed Change. The changes
proposed in this NOPC, described below, will result in a net
decrease in the amount of approved development, accompanied b~
a decrease in impacts resulting therefrom, while increasing
the acreage of recreational uso, the areas set aside for
preservation, and the &creese of miscellaneous "open space."
The total number of residential dwelling units at PeXican
Maxsh is being reduced from 5,600 units to 5,100 ,,-its (a
decrease of 500 units). The proposed DO amendments wiX1
maintain the same 80-acres of "activity center" use approved
in ~ha original 1995 Pelican Marsh Development Order/PUD. The
authorized maximum amounts of retail and office uses within
the activity center will be decreased while adding some hotel
units and increasing the applicant's flexibility to relocate
r. he approved cultural center to within the designated activity
center. The proposed amendment requests ~hat the designated
activity center contain the following land uses and
magnitudes, 345,000 square feet of retail uae (a decrease of
230,000 a.f.)~ 200,000 square feet of office use, of which up
to 50,000 may be m~dical office use (a decrease of 150,000
s.S.) ~ and 400 hotel rooms (an increase of 120 rooms).
The golf course use, curren:l¥ 36 holes ou approximat..,l¥ 346
acres, is proposed to be increased to 63 holel on approxi-
mtaly 572.4 acres, an increase of 27 holes and 226.2 acres.
The preserve acreage is being increased by 36.4 acres, from
294 acres to 330.4 acres. In addition the amount of
m/ecellaneous open space will be increased from 59 acres to
114.2 acres, a gain of 55.2 acres.
The revised Pelican Marsh Master Plan also designates a 4.7
acre parcel at the southeast corner of ~he Vanderbilt Beach
Road/Ooodlette-FrankRoadintersectionfor "CF" use (60 ...... ,nity
facility).
A very minor boundaz-fchange on the southwestern perimeter of
the westernmost parcel will result in a deletion of 3.4 acres
from the Pelican Marsh Community, reducing the total size of
~he project to 2,072 acres. No land is being added to Pelican
Marsh by this NOPC and all other changes proposed to the
Pelican Harsh Master Plan occur within the boundaries of the
project approved in the 1995 Development Order.
The proposed changes to the Pelican Marsh land uses are shown
in the chart below, which compares the approved land use
-3-
amounts contained in Development Order 95-1 to the requested
land uses that will result from approval of this N0PC.
~ U~ ^utho~i~ ~ 199S DO 9S-! 199~ NOPC ~GE
~ ~ ~4 ~ 330.4 ~ +36,4
AX1 of ~he above land use changes to the Pelican Harsh
Cc~uni~ are depicted on ~he Proposed Kester Plan, attached
The reduction of SO0 residential units, coupled vir. h the
significant decrease in bo~h retail and of£ice usel will
result in a substantial reduction in ~hs transportation and
ocher impacts generated by ~he Pelican ~arsh Comauni~ which
v/il more ~hAn offset the proposed addition of a X20 hotel
units. A revised transportation analysis des~rnstrating ~he
reduced traffic impacts of Pelican Marsh, prepared by David
Plu~er and Afsociates, ks attached as Exhibit 3.
The original Pelican M&rsh Development Order required.~hat ~he
golf course clubhouses, or other approved buildings be
utilized as hurricane evacuation shelter space. Collier
County has agreed to accept the Pelican Harsh Elementar~
School (approximately 148,000 square feet) as shelter space in
lieu of the golf couxse clubhouses. The Development Order
vordAng is being changed to reflect Collier Coun=y' ·
acceptance of the Pelican Harsh elementar~ school site for
thim lmz'pose, LGd satisfaction of the shelter space mitigation
requAremant.
The proposed changes to the Pelican Marsh DRZ will reduce, and
vail not result in tony net increase o£ the i~pacte generated
b~ ~he development. These changes do not constitute a
-4-
12.0
o
o
substantial deviation pursuant to Subsection 380.06 (19),
Florida Statutes.
Complete the attached Substantial Deviation Determination
Chart for all land use types approved in the developmept. If
no change is proposed or has occurred, indicate no change.
See the attached substantial deviation determination chart.
List all the dates and resolution numbers (or ~ther
appropriate identification numbers) of all modifications or
amendments to the originally approved DRI development order
that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any
information not already addressed in the Substantial Deviation
Determination Chart). Has there been a change in local
government Jurisdiction for any portion of the development
since the last approval or development order was issued? If
so, has the annexing local government adopted a new DRI
development order for the project?
The Pelican Marsh C~--~nity r~mains entirely wi~tn the
Juriedictio~ of Collier C~ty. ~rm is ~ m~ti~l l~d
bl~ a~ed ~ ~il Notiut o~ P=~osl~ ~a. A ~or
b~~ correction to the s~e~ b~~ of ~e wlsCe~
parcel ~11 reeul~ ~ a decrease ~ size of ~e Pelic~ ~sh
C~i~7 ~ a~rox~=ely 3.4 acres. ~a pr~ose~ c~es
~e all c~a~ed wi~ ~e original b~dariea o~ ~e
Pelic~ ~rsh C*~--~i~7 DaI, aa a~r~ed.
There has bee~ one previous Notice of Proposed Change to the
Pelican Marsh CoA--unity which resulted in an additional one
acre being added to the northern boundary of the western
parcel, between U.S. 41 on ~he w~st and ~oodlette-Frank Road
on the east. The previous NOPCwae the result of a Boundary
Settlement A~reea~at with the ad~acm~t property owner to the
north, which resulted in the exchange of approxAmately 9 acres
of land from each land owner to the other, with the net result
being an increase of one acre to tho Pelican Marsh Coi.~mity.
The notice of proposed change was approved bM Collier County
on September 26, 1995, i~ Resolution 95-555 approving
Development Order 95-5. There have been no other changes or
amendments to Development Order 95-1 since it was issued bM
Collier County on January 24, 1995.
Describe any lands purchased or optioned within 1/4 mile of
the original DRI site subsequent to the original approval or
issuance of the DRI development order. Identify such land,
its size, intended use, and adjacent non-project land uses
within 1/2 mile on a project master site plan or other map.
-5-
Il ........... J.II ....... l .................... J]l.ll_ iLL ............... J.~__ . J[[ ............................................
12C }
10.
11.
12.
13.
No additional land has been purchased for option by WCI
C-c- .... ~,-ities, Limited Part. nerehip, within ~ mile of the
original DRI site since =he alrproval by Collier County in
January of 1995.
Indicate if the proposed change is less than 40% (cumul4tively
with other previous changes) of any of the criteria listed in
Paragraph 380.06(19} , Florida Statutes.
Do you believe this notification of change proposes a change
which meets the criteria of Subparagraph 380.06(19} (e)2.,
Florida Statutes?
YES NO ~
Does the proposed change result in a change to the buildout
date or any phasing date of the project? If so, indicate the
proposed new buildout or phasing dates.
No. The Development Order remains in effect until January 24,
2010, fifteen years from the date of its adopCion on January
24, 1995.
Will the proposed change require an amendment to the local
government comprehensive plan?
Provide the following for incorporation into such an amended
development order, pursuant to Subsections 380.06(15), Florida
Statutes, and 9J-2.025, Florida Administrative Code:
An updated master site plan or other map of the development
portraying and distinguishing the proposed changes to the
previously approved DRI or development order conditions.
See attached revised Master Plan, marked as Exhibi= 1.
Pursuant to Subsection 380.06(19)(f), Florida gtatutes,
include the precise language that is being proposed to be
deleted or added as an amendment to the development order.
This language should address and quantify:
All proposed specific changes to the nature, phasing, and
buildout date of the development; to development order
conditions and requirements; to co~m. itments and
representations in the Application for Development
Approval; to the acreage attributable to each described
proposed change of land use, open space, areas for
preservation, green belts; to structures or to other
improvements including locations, square footage, number
-6-
Ce
de
of units; and other major characteristics or components
of the proposed change;
Sea ~he enclosed revised Master Plan, Exhibit 1; also see
&11 proposed wording changes contained in the revised
Development Order attached as Exhibit 4. '
An updated legal aescription of the property, if any
project acreage is/has been added or deleted to the
previously approved plan of development;
A minor ~eletion of 3.4 &ares from the Pelican Marsh
Coaazunit¥ is rs£1eated in the reviled legal description
for ~he Pelican Marsh Community att&obsess Exhibit 2.
A proposed amended development order deadline for
commencing physical development of the proposed changes,
if appiicable;
Not applicable. Development commenced pursuant to & pre-
developemnt agreement entered into in 1993.
A proposed amended development order termination date
that reasonably reflects the time required to complete
the development;
Not applicablel no change is requested.
A proposed amended development order date until which the
local government agrees that the changes to the DRI shall
not be subject to down-zoning; unit density reduction, or
intensity reduction, if applicable; and
Not applAcable~ no change ie requested.
Proposed amended development order specifications for the
annual report, including the date of submission,
contents, and parties to whom the report is submitted as
specified in Subsection 9J-2.025 (?), F.A.C.
No change.
-7-
1..2C 3
120 3
........ I ......... ] ....... !. I I_11~ ...... II ........ ] ........]1 ........... !_1 ........ l~ I
12C )
"1
PELICAN MARS~
LEGAL D~ON
00'39'12' West 827.69 feet;
thence reaving said tine North 89'20'45" East 3844.57 feet to thc ,w~tcsiy right-of-way line
1) South 05'34'4r' East 3545.96 feet to th~ south line of ssid Section 27;
2) South 05'33'10" East 2~2.17 feet;
3) southnqy 620.87 f'ect along the m'c of a circular ~ ~ ~ ~ n
radius of 2799.93 feet through a central angle of 12'42'18" and bein~ ~ by
a chord which bears Sou~ 00'47'59'* West 619.60 fect;
4) South 07'09'08" West 1675.64 feet to thc bo~ line of the plat of Pine ~
Second ~ ns recorded in Plat Book I0, i~ge 86 of the Public ~ of
~ a~ons ~ ~ of said P~ ~dse Second Extc~on in tt~ following ~.ht (S)
!)
2)
3)
4)
~)
7)
thence leaving said plat boundm-y North 00~3'39" West 707.85 feet;
thcn~ South 89*33'32" East 336.SI fe~
thntce Nor~ 00'26'28" East 180.64 feet;
South $9~50'58'' West 88.21 feet;
North 31'34'00" West 120.19 feet;
North 05'37'10" West 956.47-feet;
South 74'46'39" West 379.98 feet;
South 1204'43" Fast 23.53 feet;
Sotnth 87*09'43" West 272.40 feet;
~y 1854.46 f'c~t alon~ the arc ofa noo-~mg~ntial circttlar ~ ~
~ havi~ a radius of 1640.26 fee~ through a cenffal angle of 64'46'40"
md beinS ~ by · ~ which beats North 48'50'02' West 1757.26 feet;
Nerth 81°13'22" West 737.85 ~.t;
thence northerly 37.60 feet alou~ the arc of a chv_~!~ curve coucave ~ ~ a ~
of 1~0.~ f~ ~ a ~ ~ of 16~4'1~ ~ ~ ~ ~ a ~ ~
~ ~ 0~3~ ~ ~.47 ~
~~ 1~4~ ~ 181~I f~
a~~~N~ ~' W~ 5~ ~
~~418.~f~~~~a~~~~
a ~ ~ ~ ~ 6~5~' Wm 414.10 f~
~ N~ 4~5~ W~ i~.03 f~
~ ~y 615.1~ ~ ~ ~ ~ ofa~ ~ ~ ~ ~ a
~~.~~a~ ~ of 42*~"
fi~~ ~ of U~. 41;
~ ~ ~ ~ ~ ~~' W~ ~5.~ ~ m ~ P~ of ~
~ AND EXCEPT ~ thst part of Pelican Marsh Uni~ Five as recorded in Plat Book
22. ~ SS through 89 Public Records of Coili~ County, Florida being rno~ ~
deso, ibed as follows;
BEOfNNINO at th~ ~y corner of said Pelican Marsh Unit Five;
thence alor~ the botmdary of said Pelican Marsh Unit Five South 89o33'32" East 306.56
feet Io a point on the west line ofTract WF-I 0)raina~ Easement) according to the Plat
of Orand Isle ~t Pelican Mats~ Plat Book 24, pages 67 thrmJ~ 70, Public Records of
thence aJong said line g~q~th ~'00" East 481.17 feet to a point on the north line of
Tract "B" (Vande~tt Beach Road) accordin~ to the Plat of Pellcan Marsh Unit Five, Plat
Book 22, pages 88 through 89, Public Records of Collier County, Florida;
to the southeast, having a radius of 2430.00, through a cenu-al angle of 07°! 3'26'' and
bein~ subtended by a chord which bears South 8g*15'16" West 306.17 feet to a point on
the bom]da~ of said Pelk:~ Maflh Unit Five;
thence alon~ said line Nos~h 00~03'39" West 492.87 feet to the POINT OF BEG~O
Subje~ to easements ay~d restrictions of record.
Bem'inp are hued on the north line of said Pelican Mat~ Unit Five ~-'~R South
8~°33'32' Elst.
~2
2
12C
~ WI'I'H THE FOLLOWING DESCRIED PARCEL:
~nac~ along said vnat tine North 00'39'12' West 827.69 feet;
thenoe ~ said line North $9'20'45" F_,tm 577.78 feet to the POINT OF BEGINNING
I~moe Nort~ 57~475g~'' East 46.9'2 f~
lhcnm North 68'3.,~'21" East 110.~ ~
·cnce Nort~ 00~9'12" West !r/.52 feet;
~ Not'~ 77'43'40" East 573.0g feev,
·mca South 72'$9'03" East 785,4~ feet;
theac~ North 8920'45"
lhmce South
thence South 8902O'45'.
~st ~7.7t fret;
East 503.78
East
~est 1957.22 feet to th~ Point of Beginning ofth~ pan:~ l't~in
AND LESS TI-[E FOLLOWING TI~ (3) D~ED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and
being mor~ particularly described as fotlows:
Cotmneacing at the wmt on~ qu,'~m' c~nez Section 27, Towmhip 48 South, ~ 25 East;
thence along th~ ~ tine ofsaia Section 27 North 00039'12" West 827.69 feet;
thence leaving said secticm ~ North 89'20'45" East 55.00 feet to the Pcrint of Beginning
thence North 89'20'45" East 366.45 feet;
thence ~ ~9'i5" East 34.09 feet.;
Exhibit 2
3
thenc~ southeast~y 47.35 feet along the ~x: ofa n~sngential ~ curve cx~:ave
~y having a radius of 70.00 feet through a omla'al angle of 3g~45'23'' atzt being
~ by a chord which bcm~ South 64019'09. East 46.45 feet to a point of~
ttza:~ souttm'ly 259.g.3-53 feet along the are ofa ch.~im, curve corM:ave westerly baying a
rsdim of 197.21 feet ~ a cctm. al ngJe of 7~24'06' and bein~ ~ by t cfaxd
which bern South 07~14'2.3" Em 241.20 fu~t ~o a po~ ofrevu~ cm. vm~
thmce ~ 1~1.40 feet ~ lh~ an: ofa ~em'v~ eoma~ ~ ~a
radius of 130.00 feet through teemml angle of 66~43'37'' and being sulmnfl~ by a chad
which bears South 02'~4'0~' East 142.99 fe~to a point oftz'vzr~ cm~tm~
md~ of ?0.00 feet ~ a central ~e of~'12' ~ ~ ~ ~ a ~
which beazn ~kx~th EP~6'IO' We~t 10~.98 feet;
thrace ~ 62'0gl 6" West 75.07 f~et;
thm~ souflz~y 48.75 feet along thc an: ora c:irculnr cm'v~ coat:ave eas~ having anufim
of ~O.00 f~t through a cctm.al mgic of 93'06'13' and ~ mbtend~ by a chord 'Mxk:h
bents ~ 15"J5'I0" West 43.56 feet;
~nce ~8 Somh 30~75S' Em ~4.'79 fact;
thence southerly 19.94 feet along th~ at~ of a c~:ular curve concave we:stay having a
radim of ~0.00 feet through a ccnu-al angle of 14'16'43" sad being sx~e:txled by a chotxl
wl~:h bean ~ 23049'37.. East 19.19 feet;
thm~ a~ ~ ~ ~*13'14' ~ 158.41 feet;
~ 8outh 81'52'$1" East 110.90 feet;
thence North 90'00'00" West 394.57 fcet;
thn~ North 00'00'00' East 271.73 ~
thm~ North g4'13'14" West 120.32 feet;
thence ~xtth 33005'40- West 54.13 fe~t;
thm~ ~ 76*56'51" West g9.04 feet;
~ N~ 58~5~1' W~ 65.19 f~
~ N~ ! 5°31'55" W~ 74.80 f~
~ ~ ~41'41' W~ 115.24 f~
~N~ ~4~ ~ 171.51 f~
~ N~ 1~1 I'45" W~ 1~.79 f~
~ N~ 13~52' ~ ~I f~
~ N~ ~14" W~ 54.78 f~
~ ~ 4~16'08' W~ 11Z78 f~
~ ~ ~4~" W~ 53.~ ~
~ N~ 5~4~ W~ ~.49 f~
4
uSeace North 00'39' 12 ~ We~t 303.49 feet to the Point of Beginni~ of the area herein
cou~ Com~, Fkx~d~ ~ ~o~ 00'3~2"
s~d t~ t~o~h Sg'2~4S" E~ 24~.~ ~ ~ ~ ~ OF B~O
74'~42' Wm 121~2 ~
7~4V51" W~ 45.93 ~
~n~of~.~ ~~a ~ ~3~ff16" ~~~~a
~~~N~~I" W~ ~.61 ~ma~of~~
~~5~ f~~~ofa~~~~ ~
~ ~ 1~.~ ~~ a~~ of2~I~5~ ~ ~
of~.~ f~ ~ a ~ ~ ~3~'13" ~ ~ ~ ~ a
38.16~~~~a~~~~m~~
of~.~ ~ ~ a ~ ~e of36~lg" ~ ~ ~ ~ a
~ ~ M' 16~" W~ 37.52 f~ m a ~ of~ ~
~a~of~5.~ ~~ a~ ~I~5Y5~ ~~~~
~3'1~ W~ 18~6 f~
~11" W~ 71.63 f~;
8~5~3' Wm 36.03 f~
~3" W~ 4~ f~
83~'~" W~ ~ f~
ltznce South 5 I"01'0Y' W~ 27.49 fcc-t;
thence South 33'25'42" West 19.95 fee~
then~ South 15'3~'5'P West 20.54 ~
thence South 10'54'31" West 34.64 fget;
thence Sou~h ~20'06" West 101.06 feet;
l~moe ~ 10'453r East 101.42 feet to th~ Point of Beginning of the Ire'cci ~
Subject ~o easements and regrictions of r~cord.
~ OAS acres more or less.
Bearings s~ based on the west line of said Section 27 as being North (X}'39'12' West;
thence Nort~ 36'19'27"
thence North 56'04'43"
thence North 80.39'23'
thence North 88'39'20"
West 32.02 feet;
West 35.11 feet;
West 32.53 ~
West 97.78 feet;
thence North lt6'04'4g" West 45.79 feet;
thznce North g9~49'56" West 132.77 feet;
thence North 69'40'I ~" West 37.23 fee~ to the Point of Begi~ of the l:m'cel her~n
Sti~je~ to easements nnd t~ricfioos of r~x~d.
Comaining 0.38 acr~ mor~ c4' les~.
Bearings are Imsed on the w~st line of tatid Se~on 27 n~ being North 00'39' ! 2' West;
AND TO(}I~'THE~ WITH THE FOLLOWING DF_,,qCR~ED PARCEI4
Exlttl~ 2
6
BEOXNNING at the ~ corner of said Section 35;
R~nce along the north line of said ,Section 35 North 89o45"35'' East 5231.69 feet to the west
ri~-of-wsy ~ of Airport.~t~t~ ~ (C.R. 31);
thence ~ said w~tc~y right-of.v~ty ~ ~ 00~ 1'47" ~ 5258.31 feet to the so~th
~ of said Section 35;
tbenoe along s~l south ~ South 89O39'Z2" West 2541.65 feet to the south 1/4 comer of
said Set,on 35;
them:e ccs~im~ along said south Line South 89'39'32" West 2641.33 fe~t to
comer of said Sec6on 35;
~ along the south Line of said Section 34 Somh 89o51'02'. West 391.57 feet
boundary Line ofa pm~ describ~ in O.R. Book 524, Ixtge 121 of the Public Reconts of
~ continue ~ ~ boundary of said pm:el South 89'51'02' West 443.28 feet to the
easterly right-of-way ltne of proposed Goodlette-Frank Road as recocded in Plat Book 13,
~ 58 of~ Publi~ P.~ads of Collier County, Florida;
then~ contimss s~ng said eastn'ty right-of.w~y line northerly 649.69 feet along tl~ are ora
12'42'1 g" and being ~by a chord which bears North 00*4759" Ea~ 648.37 feet;
~noe con~t~ along ssid right-of.w~y line North 05~YI0" West 2628.44 feet to a point
on the north lin~ of said Section 34;
thence leaving said rig~-of-way ~ and along the north line of said Section 3 ~ South
89'31'31" Em 772.91 feet to t~ Point of Beginning;
~ 708.39 acres mere or ies~
AND TOOETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the nonbe~ comer of said Section 36;
~lznce along the east ~ of said Section, South 02' 12'03"
East 2671.63 feet to the east 1/4 corner of said Section 36; thence continue along the east
Line of said Section 36 South 02'06'28' East 2519.08 feet to a point on the northerly right-
of-way line of Vanderbilt Bench Road;
thenoe along said ~ right-of-w~/1/ne North 89~9'39" West 2855.35 feet;
thence comim~ along mid ~ North 89O43'59'* West 2544.87 fee~ to a point on the ~
thence along sa~d easterly right-of-way 1L~e North 00~1'47" West 4490.03 fee~ to the
~ corner ofth~ es~ 15 fe~ ofthe west 115 feet ofthe south 80 feet of the north
619.49 feet of said Section 36;
thmoe ~ the somh li~ of said land North ~9'2757" East 15.00 feet;
Exhiblt 2
7
theace along the east line of said land North 00'31'47" West 80.00 feet;
lhencz ~ the north line of said land South 8~275T' West 15.00 feei to the east right-of-
ofA
~ ~ong said rlg~of, way North 00~I'47" West 539.49 feet fo the north ~ of said
~ along said nor~ line North $9"27~7' East ~914.2~ feet to the ~ corner of
east i/2 of~ east I/2 of said Se~ion 2~;
~nee akn~ the w~st line offhe eas~ I/2 offhe east !/2 of said Section 25 North 01°54'09'
West 266~.19 fe~
· ns:e~ alon~ ~ ~ li~ of'tl~ e~t 1/2 oflhe east 1/2 of said Section 25 Nm~h
01'~?16" Wes~ 2567.(}6 feet to a point on the ~ right.of-way line of lmmokalee
~ (C.~.
~ ~os~sue ~ mid ~ lira of ~ 25 Bough 02'~Xl'4~" E~ 2670.97 f~ ~o ~
bearlngs~ ~ m ~ S~ ~ ~ 1993 datum 1990 ad~ O~ north
~ of Section 35, being Nor~ 89*45'35" Ease
~2
$
14L;
I
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[I
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! Ill.. l!.l
: ilili :::
F:ele, m~ Idm'lh ~
__ ~__I ............ I l_lJl_l mil_ l ....... L ................. [IJJ ....................... I ..................
NOTICE OF PROI~Y~ED
TRAV~C STUDY
Projec~ t~97SIS
Augu~ 20, 1997
David Plummet & Associates, Inc.
IS31 Hendry Street
Fort Myers, Florida 33901
mr. hibit 3
PELICAN MARSH COMMUI~ITY
NOTICE OF PROPOSED CHANGE
TRAFFIC STUDY
Re$identinl
Single Fs.'nily !,200 d.u.
Multifamily 4,400 d.u.
Hotel 280 rooms
Office
Medical Office
Cultural Cen~r
80,000 sq. fl.
Golf Course
36 holes total
Health Club 5,000 sq ft.
Tennis 18 courts
Pazk 20 ~'rcs
12C 3
Study Ob_iective
Originally approved for the above ~dcnt~fied land uses, Pelican Marsh Community is proposing to
reduce single-family and multilramily r~idential units and retail, office and medical office square
footage. At the same time. thc commumry is proposing an increase in hotel units and golfholes and
the designation ora 4.7 acre parcel for "community facility" use. Also, the plan has been re'vised
to reflect the construction of the Pelican Marsh Elementary School, which is in operation on a 20-
acre parcel.
The putix)se of ti'ds study is to determine what effect the proposed land use changes w~in the
Pelican Marsh Commtmity will have upon extmml trips that will be generated by the Ptojecc Since
d~e cxtmlal trips are being reduced substantially from what wu origL,,mlly approvecL there will be
fewer I/'4~c impacts, as a result of the change, ti'mn were originally forecasted.
Land Use Parameter~
A compa, isonof the qaxoved etd revised Lind use pm-amcters is~ in F_xlu*bit 2. Foru'a~c
analysi~ purposes, bui]daut is considered to be the year 2008. No change in the andcipsted buiidout
year t'or tr'a~c purposes, therefore, is contemplated.
Trio Generation Comparison
The peak hour trip generation associated with the revised development patnmete~ was ca culated
and compared to the trip generation associated with the originally approved DR.[ parameters.
]'he trip generation associated wtth the revised development parameters for Pelican Marsh
Community (Exhibit 3) was calculated using contemporary trip generation factors from ITE ~
OgZlgflJjg/L Fifth Edition. The resultant nips were then compared to the approved traffic forecasts
for Pelican Marsh Community rcq~'ted in the South~ Florida Regional Planning Council Staff
As3essment, wizich tre also based on ITE THp C, enerafiOrL Fif~ Edition. The approved total.
internal and cxlcmal trips for Pelican Marsh Commtmity were derived from Table l-[-I in the
[:)evelooment of' Re_eional Impact ^,t__*,rssment tot Pelican Marsh Community (! 1-9394-123),
~lovember 1994, prepared by the Southwest Florida Regional Planning Council. This trip generation
comparison is summarized below.
Trip Gen,:ration Comoarison
Two-Way PM Peak Hou~
Total 5,487 (~") 4,594 ~) -893
Internal 944 799 o) N/A
~ 4,543 ~' 3,795 -748
Pus-By 394 410 rn NIA
Ne~ Ncw 4,149 (~) 3,385 -764
-16.3%N/A
-16.5%
N/A
-18.4%
~ ~1~ ~sdl' MMm~sm. TM~0~ 14- I
Based on thl, comps,,'i~on of the approved PM peak hour trips under the original RPC Staff
~~nt and ~ PM peak hour ~ps based on t~e revised development patnm~ being
proposed for the Project, a reduction of 18.4 petce~ in net new~ trips is expected as a resuh
of the change in Project development parameters.
As indicated above, the follow~ng conclusion~ ~re appsn:nt.
The revised developnx:nt ~ using contemporary trip generation factors (i.e.,
ITE ~ Fifth Ed~tlon), are expected to gcnerate 18.4% fewer peak hour
net new external nips than ~ approved dcvelopment parameters, also using
contemporary ITE ~ (Fifth Edition) trip rates and adjustments, as per
the RPC Staff A.tses~ent.
The revised development parameters clea:ly result in less than a "...i 5 p(:~'cent
increase in the numbcr of external vehicle trips.., above that which was l:n'oject~
development does noL 6'om a tnt~c standpoint, result in a substantial deviafi~ ~om
the original
97SIS Pf.L.I~C.R, FT
PI~LK~AN IdARBH C:OIIIMUN1T~ LOCATION MAP
120
1 ........ 1 ....] ............. 1_~[ ........... III!1 I/!!_!~ ..... I I
12C
PELICAN MARSH COMMUNITY
SUMMARY OF REVISED DEVELOPMENT PARAMETEI:tR
Stifle F.mil7 !,~0 d.u. 900 d.u.
Multifamily 4,400 d.u. 4~ d.~
~ ~ I~,~ ~. ~ 50,~ ~. fL
H~I 280 r~ms 4~ r~
CuI~I Center 80.~ ~. rt g0.~0 sq. fi.
H~I~ Club 5,~ ~. ti 5,000 ~. ~.
T~ ! 8 ~ns 18 cou~
~lf 36 holes 63 hcl~
P~ (n 20 Acres 0 Ac~
~1 m 0 Sm~n~ 950 St~
~m 0~. ~. 50,~ ~. fL
-300 d.u. -25.0%
-200 d.u. -4.5%
+120 rooms +42.9~
N/A N/^
N/A N/A
N/A N/A
+27 holes +75.0%
-20 Acres - ! 00.0%
+950 Students N/A
~-$0,000 sq. fL N/A
wi Tbl I~euved ~tail Ik~r ~ta ts S7S'0OO *q' IL °f Imm tl°or ~fen ((}lrAk of wh~c~l ~O0.~O0 q. R. is ~ ~ ~ m (~) GLA
120
SIqGLE,.FA&Ly4~rTAc:2.ED 2 $ 0 ~0
710 ~90.(XX)
310 400
OU. TOTAL
IC'UqN~. klS~
~- I~C. FAO.
(I!
~OI 274 713
?qlb 3~ 32 14(2)
~ 32 32 MC3)
15 I 1 244)
4M 2ge esi
0% 0 0 0
M4 ~
31%
S4 S,4 108
?!1 3.11 1107
0 0 0
31 ~ 110
· 0 0
0 0 0
3 51 ~
0 0 0
3 $1 M
M1 MI f3~2
S3 S3 108 (2)
0 0 0
0 O 0
lOS eM, 12'14
2DS 2M, 410
403 403
10 JO 20 C23
0 0 0
0 0 0
33 1ga 231
0 0 0
33 114 231
· · 1i (2)
0 0 0
0 0 0
0 0 OM
SO 121 171
1S4 1~3 211
II) I2 12 24 (2)
115 12 12 24 (31
CrA 0 0 0
132 101 241
01) 0 0 0
1:12 101 241
10
0
0
2(4)
·
o
·
(I)
DM.Y
0
1222
811
0
0
0
811
14O43
112~ (2)
0
0
rio?
11~
0
0
t754
0
I?54
1112
0
0
14i3
1413
O
0
2010
I038
0
0
0
TOTAL
(I)
TYPE FA~TC~ Iq ~JT TOTAL
~,N,. 31 20
Iq11]tUq~- ~ O~ 0 0 0
~- IqlC. F~,. lO'l 27 27 SdS
Iq"rlEJqgq~. ~ Ir, tO, O'lb 0 0 0
~ 4 2
~ 01L 0 · 0
~ 4 2
TOT;L 31 2~ OQ
1'4'I'BqNK. · mst.. O11, 0 0 0
~.~F~ ~ 15 15 ~ ~
/4TITW~.- ~ F~ C~ 0 0 0
~ 0% 0 0 0
TOY)L 4l 44 12
ilrr~, ii~ O,lb · o ·
i~.c:x~pJ~ oil · · o
Ix~ 25 21
ffJId~ OS 0 0 0
(1)
DM.Y
41
0
0
0
M
0
0
0
0
7eo~
o
84
0
84
~ foil ~ /O'4]'TISIli 01' Pgm, l£ II, MIBil
11/21/1~SS0
I'~s Cleft to the gourds Pt~m~e p4~oe t~ fotLo~if~ -~ ii:
(OtaqoKey ~dv.. t~czlttm, etc.)
0SP-97-3
James Lindsay,Bank Director
)23'2Ist Ave, soutB, NapleS, Fla. ~4iUZ
Im~ & Ad~e~s of 4~, pe~e4~l) :: ~ n~tfted I~, Ctes~'t Office:
(If ~e St)KC me4~d, *ItKS~ sea~.-ete mees!
~iiliam Hoover,AICP-
Hoover P13nning Shoppe
5051Castello Drive, Suite 220
Naples, Fla. 34103
~14vslMl)~(8) to be ua4d: (C~m~le:e andy if tel~tl~,~ ~"--"7,
Pr~q:x~14d Te~t: (ll'~cI.t~ke 14.j~l dmm::ril~ie~ & C,4mam~ J, ec~t
(Cc~paaic~ ~o sp~:)-97-133)
~7-3, fi.f,. Soc:~, &ZC:P, c~ ~ ~' ""
· o~ firm: ~aCicx~l Ba~k o~ [~1~ - Golden ~
bank AITR c~ ~ 31 & 32, Block
0f ItlIIKITICII 11ST1KCT f011S
/
Iili111111111111111111111111111111111111111111111111111111111111
tt
~11111111111111111111111111111111111111111111i!ilii1111111111111
(83.3) 77&-8408 ,
~'lfoz (8].3)
October
Ms. Judith Flanagan
Naples Daily News
1075 Cent=&1 Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to Consider Petition 0SP-97-3
Dear Judi:
Please advertise the above referenced notice one time on
Sunday, November 9, 1997, and kindly send the Affidavit of
Publica=ion, in duplicate, together with charges involved
this office.
Thank you.
Sincerely,
E11ie Moffman, Deputy Clerk
Purchase Order 1800551
13A 1
NOTICE OF PUBLIC HEAR~
Collier County, wi.1 . __ ltion Bu~ld£ng, Collier
~rd Flo~, Administra
~997 in the Boaroroom, ......... ,--~ ~-~4. Naoles, Florf~-
~e ~ting will ~in at 9:00 A.M.
H~er Plying_ ~ . te r~estfng a~r~l of
- which
3 le~s the easterly 40 ft
~it ( ...... ;--~ ~ ~lden Gate Unit 3,
~,~ess l~at~ on ~ts z-~, =~ ~-, .....
~hip 49 ~uth, ~ge 26 ~st, collier
All fnterest~ ~rtfes are invit~ to attend, to r~fster =o ~
~d to s~it their objections, if ~, in ~ftfng, to the ~ar~ prior
to the ~lfc hearing.
~y ~rson who decides to a~al a decision of =he ~ard will n~
a record of the 9roce~ings ~rtafning thereto, and therefore, ~Y n~
to ~sure t~t a ver~tim record of the 9roce~ings is ~de, which
recor~ includes the =esti~ny and evidence u~n which the a~al is to
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
T~ L. HARCOCK, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Ellie Hoffman. Deputy Clerk
(SEAL)
October 29, 1997
Mr. James Lindsay, Director
First National Bank of Naples
732 21st Avenue South
Naples, FL 34102
Re: Public Hearing to Consider Petition 0SP-97-3
Dear Petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
November 25, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 9, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
October 29, 1997
Mr. W£111am Hoover, AICP
Hoover Planning Shoppe
5051Castello Drive, Suite 220
Naples, FL 34103
Re: Public Hearing to Consider petition 0SP-97-3
Dear petitioner:
Please be advised that the above referenced ~etitton will be
considered by the Board of County Co~issioners on Tuesday,
November 25, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this ~etition will be published An
the Naples Daily News on sunday, November 9, 1997.
You are invited to a~end =his public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
Nov_~__Mer 3, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition 0SP-97-3
Dear Judi:
Please advertise the above referenced notice one time on Sunday,
November 23, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
P.O. No. 800551
I: A 1
DEVELOPMENT SERVICES DEPARTMENT
PLANNING SERVICES SECTION
MEI4ORANDUM
DATE:
TO:
FROM:
SUBJ:
October 30, 1997
Maureen Kenyon, Clerk to BCC
Cecilia Martin, Planning Tech I
Planning Services
0SP-97-3 BCC Advertising
! had sent up BCC advertising requesting meeting date
of 11/25 for OSP-97-3 First National Bank. The meeting
date was the wrong date. The BCC meeting date should be
12/9. Please change the date to 12/9.
If you have any questions, give me a call.
cc: Johnnie Gebhardt
Barbara Pedone
Adv. File
1
October 31, 1997
Mr. James bindsay, Director
First National Bank of Naples
732 21st Avenue South
Naples, FL 34102
Re: Public Mearing to Consider petition 0SP-97-3
Dear petitioner:
Please be advised that the above referenced petition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
otice training to this petition will be published in
legal n pe r 23, 1997.
the Naples Daily News on Sunday, Novembe
You are invited to attend this public hearing.
Sincerely,
Ellie Moffman, Deputy Clerk
Enclosure
October 31, 1997
Mr. William Hoover, AICP
Hoover Planning Sho~e
5051 Castello Drive, Suite 220
Naples, FL 34103
Re: Public Hearing to Consider Petition 0SP-97-3
Dear Petitioner:
Please be advised that the above referenced ~etition will be
considered by the Board of County Commissioners on Tuesday,
December 9, 1997, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, November 23, 1997.
You are invited to attend this public hearing.
Sincerely,
Ellie Hoffman, Deputy Clerk
Enclosure
WptE~, FL 3~940
~ffSd,vtt of I,d)Llc~ttc~
1
BO&I~ Of COUNTY COmqZSSZOHERS
ATTN: ~
fO BOX 41~016
n~,1~s FL
I~FE~XCt: 0C)12~Q 8OOSS~
$7597760 NGTZCE Of ~BL;C HLA
11/23
OFF-SITE PARKING ON PAOB~3~'I'~ H,.A~.~n~,,-~
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 allowance
of off-site parking, and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board for Collier County which includes the area hereby
~&ffected, has held a public hearing after notice and has considered the
advisability of an automated teller machine (ATM) and off-site parking as
shown on the attached plot plan, Exhibit "A", in an RMF-12 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
Subsection 2.3.5.3, Section 2.7.5 and Division 3.3 of the Collier County
Land 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 a public meeting 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 filed by William L. Hoover, AICP of
Hoover Planning Shoppe, representing First National Bank of Naples - Golden
Gate with respect to the property hereinafter described as:
Lot 31, Less the easterly 40 feeu, and Lot 32, Block 84,
Golden Gate, Unit 3, as recoiled in OR Book 1028, Page 1836,
of the Public Records of Collier County, Florida.
be and the same hereby is approved for an ATM and off-site parking as shown
on the attached plot plan, Exhibit "A", of the RMF-12 zoning district
wherein said property is located, subject to the following conditions:
1. Prior to Final Site Development Plan (SDP) approval, an
off-site parking agreement shall be approved by the Board
of County Commissioners, and the applicant shall bear the
cost of recording the restrictive covenant and off-site
parking agreement in the public records, and shall provide
the Planning Services Department with a copy of the
recorded document when submitting the final SDP approval.
2. The undeveloped portion of this property contains numerous
cabbage palms. Prior to final site development plan
approval, petitioner shall provide a site clearing plan
including:
a. Limits of clearing.
b. Note on plan indicating methods of barricading to
be used to protect vegetation to remain.
c. Note on plan stating that barricades will remain
in place until completion of construction.
3. Petitioner shall retain ten percent of the existing native
vegetation on site (by area) or mitigate according to
Section 3.9.5.5.4 of the Land Development Code. For this
property, petitioner may utilize a tree count of cabbage
palms with above ground trunks to calculate this requirement.
The above mentioned calculations must be included on the site
plan.
4. Prior to final site development plan approval, a note shall
be placed on the site plan stating that all exotic vegetation,
as defined by County Code, shall be removed from the site,
and that the property owner shall be responsible for
subsequent annual exotic removal.
5. Petitioner shall submit the appropriate site clearing fee,
prior to Final Site Development Plan approval.
6. Prior to Final Site Development Plan approval, the petitioner
shall submit a landscape and irrigation plan which meets the
requirements of Section 2.4 of the Land Development Code and
increases the number of required trees by fifty percent.
7. Prior to Final Site Development Plan approval, the site plan
shall indicate a sidewalk, a minimum of 5 feet in width,
along street frontages of the existing bank and the off-site
parking lot.
8. This Resolution is for parking and an automated teller
machine only. All other ccrmercial activities shall occur
on the portior~ of the property zoned General Co~unercial (C-4) .
BE IT RESOLVED that this Resolution relating to Petition ~umber OS?-
97-3 be recorded in the minutes of this Board.
This Resolution adopted after mo~ion, second and majority vote.
Done this day cf , 1997.
ATTEST:
DWIGHT E. BR~CK, Clerk
BOARD OF ZONING APPEALS
COLLIER CCUNTY, FLORIDA
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
Mar~kie M. Student
Assistant County Attorney
RESTRICTED COVENANT
AND OFF-SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
>1997, by and between First National Bank of Naples (the "Petitioner")
and the Collier County Board of County Commissioners, (the "Board").
James A. McTague, Inc., the owner of the shared parking area (the
~Owner")
RECITALS
WHEREAS, Petitioner is the owner of the property on which the
First National Bank of Naples - Golden Gate Branch is located
(hereinafter the 'Subject Property"l, more particularly described as
Lots 1, 2 and 3, Block 84 Golden Gate Unit 3, in Section 28, Township
49 South, Range 26 East, Collier County, Florida; and
WHEREAS, the Petitioner wishes to operate an automated teller
machine (ATM) and off-site parking facilities on lands of the ~ner
more particularly described as Lot 3!, less the easterly 40 feet and
Lot 32, Block 84, Golden Gate Unit 3, OR Book 1028 Page 1836, in an
RMF-12 Zoning District; and
WHEREAS, the proposed ATM and off-site parking area does not
adversely impact the character and quality of the neighborhood nor
hinder the proper future development of surrounding properties; and
WHEREAS, the proposed off-site parking is in conformance wish all
of the criteria set forth in Section 2.3.4.11.6 of the Land Develc~ment
Code; and
WHEREAS, the proposed off-site parking will provide twelve (12)
parking spaces which will provide necessary parking for the Subject
Property; and
WHEREAS, the Board, sitting as %he Board of Zoning Appeals, has
passed Resolution No. 97- , attached hereto as Exhibit "A", relating
to Petition OSP-97-3, approving the proposed off-site parking.
NOW, THEREFORE, in consideration thereof, the Petitioner and Owner
agree:
1. The above recitals are true and correct and incorporated
herein by reference.
2. That the proposed off-site parking areas shall never be
encroached upon, used, sold, leased, or conveyed for any purpose except
for use in conjunction with the Subject Property and use so long as the
off-site parking facilities are required and that this Agreement
constitutes a restrictive covenant.
3. Petitioner is to bear the expense of recording this Agreement
in the Official Records of Collier County which shall bind the owner
and his heirs, successors and assigns.
4. Petitioner shall abide by all of the conditions and
stipulations described in the Resolution noted as Exhibit 'A" and by
the site plan noted as Exhibit 'B# attached hereto and incorporated by
reference herein.
5. All of the requirements for a Board of Zoning Appeals
determination for off-site parking referenced in Petition OSP-97-3 have
been met and approved by staff.
6. This Agreement shall remain in full force and effect unless
and until terminated by the Board.
7. This Agreement shall be voided by the Board if other off-site
parking facilities are provided in accordance with the requirements of
Division 2.3 of the Collier County land Development Code.
8. That upon failure to cc~f~rm to any of the provisions of this
Agreement or the attached Resoluticn, this Restrictive Covenant and
Off-Site Parking Agreement shall become void and of no effect and the
Petitioner shall be required to confcrm to all zoning regulations as
contained in the Collier County Land Development Code.
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the day and year first above written.
ATTEST: BCARD OF County COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Witnesses:
Signature
Printed Name
FIRST NATIONAL BANK OF NAPLES
By:
Its:
Signature
Printed Name
Witnesses:
OWN ER:
Signature
Printed Name
James A. McTague, Inc.
Signature
Printed Name
Approved as to Form and Legal Sufficiency:
ar~o~ie M. Student
Assistant County Attorney
Date
To:
From:
December 11, 1997
Fred Reischl, Planner II
Current Planning Department
Ellie Hoffman, Deputy Clerk
Minutes & Records Department
Resolution 97-458 and Off-Site Parking Agreement
Between First National Bank of Naples and the Board of
County Commissioners
Please find enclosed a couy of Resolution 97-458 and the
original agreement as referenced above and approved by the
Board of County Commissioners on December 9, 1997. Please
forward the agreement to First National Bank for the required
signatures and kindly return the fully executed original
document to Minutes and Records.
If you should have any questions, please contact me at:
(8406).
Thank you.
Enclosure
....... ~.~,~,,= u~ FKOPEI~TY 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 allowance
!..'of off-site parking, and
: WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board for Collier County which includes the area hereby
affected, has held a public hearing after notice and has considered the
advisability of an automated teller machine (ATM) and off-site parking as
shown on the attached plot plan, Exhibit "A", in an RMF-12 zone for the
property hereinafter described, and has found as a matter of fact that
s~tisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with
Subsection 2.3.5.3, Section 2.7.5 and Division 3.3 of the Collier County
Land 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 a public meeting and the Board having considered all
~%atters presented,
NOW TIIEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS ~f Collier
County, Florida, that the petition filed by William L. Hoover, AIC~ of
Hoover Planning Shoppe, representing First National Bank of Naples - Golden
Gate with respect to the property hereinafter described as:
Lot 31, Less the easterly 40 feet, and Lot 32, Block 84,
Golden Gate, Unit 3, as recorded in OR Book 1028, Page 1836,
of the Public Records of Collier County, Florida.
be and the same hereby is approved for an ATM and off-site parking as shown
on the attached plot plan, Exhibit "A", of the RMF-12 zoning district
wherein said property is located, subject to the following conditions:
Prior to Final Site Development Plan (SDP) approval, an
off-site parking agreement shall be approved by the Board
of County Commissioners, and the applicant shall bear the
-1~
cost of recording the restrictive covenant and off-site
parking agreement in the public records, and shall provide
the Planning Services Department with a copy of the
recorded document when submitting the final SDP approval.
The undeveloped portion of this property contains numerous
cabbage palms. Prior to final site development plan
approval, petitioner shall provide a site clearing plan
including:
a. Limits of clearing.
b. Note on plan indicating methods of barricading to
be used to protect vegetation to remain.
c. Note on plan stating that barricades will remain
in place until completion of construction.
Petitioner shall retain ten percent of the existing native
vegetation on site (by area) or mitigate according to
Section 3.9.5.5.4 of the Land Development Code. For this
property, petitioner may utilize a tree count of cabbage
palms with above ground trunks to calculate this requirement.
The above mentioned calculations must be included on the site
plan.
Be
Prior to final site development plan approval, a note shall
be placed on the site plan stating that all exotic vegetation,
as defined by County Code, shall be removed from the site,
and that the property owner shall be responsible for
subsequent annual exotic removal.
Petitioner shall submit the appropriate site clearing fee,
prior to Final Site Development Plan approval.
Prior to Final Site Development Plan approval, the petitioner
shall submit a landscape and irrigation plan which meets the
requirements of Section 2.4 of the Land Development Code and
increases the number of required trees by fifty percent.
Prior to Final Site Development Plan approval, the site plan
shall indicate a sidewalk, a minimum of 5 feet in width,
along street frontages of the existing bank and the off-site
parking lot.
8. This Resolution is for parking and an automated teller
machine only. All other commercial activities shall occur
on the portion of the property zoned General Commercial (C-4).
BE IT RESOLVED that this Resolution relating to Petition Number OSP-
97-3 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote·
Done this ~ day of ~~_~ , 1997.
ATTESTS.'..' ?..~:, BOARD OF ZONING APPEALS
DW~.'~. BR6~'~erk COLLIER COUNTY, FLORIDA
· '-'
- U 7~...~-. ~. ~" ' - MOTHY~.~HANC~CK, Chairman
Appro d'as"to F~Yrm and Le al
~,. ~,. g Sufficiency:
Marj~ie M. StUdent
Assistant County Attorney
-2-
loo
.~C~kL 15' B'.,~'~'ER ~:~
(~0° 'rg'£E$-20" 0 C. · r"
S.3~54'3g'E. 125.~'
RESTRICTED COVENANT
AND OFF-SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into this ~- day of~~
1997, by and between First National Bank of Naples (.the 'Petitioner")
and the Collier County Board of County Commissioners, (the 'Board"}.
James A. McTague, Inc., the owner of the shared parking area (the
'Owner")
RECITALS
WHEREAS, Petitioner is the owner of the property on which the
First National Bank of Naples - Golden Gate Branch is located
(hereinafter the ~Subject Property"), more particularly described as
Lots 1, 2 and 3, Block 84 Golden Gate Unit 3, in Section 28, Township
49 South, Range 26 East, Collier County, Florida; and
WHEREAS, the Petitioner wishes to operate an automated teller
machine (ATM) and off-site parking facilities on lands of the Owner
more particularly described as Lot 31, less the easterly 40 feet and
Lot 32, Block 84, Golden Gate Unit 3, OR Book 1028 Page 1836, in an
RMF-12 Zoning District; and
WHEREAS, the proposed ATM and off-site parking ~rea does not
adversely impact the character and quality of the neighborhood nor
hinder the proper future development of surrounding properties; and
WHEREAS, the proposed off-site parking is in conformance with all
of the criteria set forth in Section 2.3.4.11.6 of the Land Development
Code; and
WHEREAS, the proposed off-site parking will provide twelve (12)
parking spaces which will provide necessary parking for the Subject
Property; and
WHEREAS, the Board, sitting as the Board of Zoning Appeals, has
passed Resolution No. 97-454 attached hereto as Exhibit "A", relating
to Petition OSP-97-3, approving the proposed off-site parking.
NOW, THEREFORE, in consideration thereof, the Petitioner and Owner
agree:
1. The above recitals are true and correct and incorporated
herein by reference.
2. That the proposed off-site parking areas shall never be
encroached upon, used, sold, leased, or conveyed for any purpose except
for use in conjunction with the Subject Property and use so long as the
off-site parking facilities are required and that this Agreement
constitutes a restrictive covenant.
3. Petitioner is to bear the expense of recording this Agreement
in the Official Records of Collier County which shall bind the owaer
and his heirs, successors and assigns.
4. Petitioner shall abide by all of the conditions and
stipulations described in the Resolution noted as Exhibit "A" and by
the site plan noted as Exhibit "B" attached hereto and incorporated by
reference herein.
5. All of the requirements for a Board of Zoning Appeals
determination for off-site parking referenced in Petition OSP-97-3 have
been met and approved by staff.
6. This Agreement shall remain in full force ~nd effect unless
and until terminated by the Board.
7. This Agreement shall be voided by the Board if other off-site
parking facilities are provided in accordance with the requirements of
Division 2.3 of the Collier County Land Development Code.
8. That upon failure to conform to any of the provisions of this
Agreement or the attached Resolution, this Restrictive Covenant and
Off-Site Parking Agreement shall become void and of no effect and the
Petitioner Shall be required to conform to all zoning regulations as
contained in the Collier County Land Development Code.
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the day and year first above written.
TE~T.. BOARD OF County COMMISSIONERS
TIMOTHY/. h~NO~K, Chairman
1)A-1
.tnesses:
~ature
~nted Name
FIRST NATIONAL BANK OF NAPLES
By:
Its:
)ignature
:inted Name
tnesses:
:Signature
Printed Name
OWNER:
James A. McTague, Inc.
;Signature
Printed Name
Approved as to Form and Legal Sufficiency:
Mm
Assistant County Attorney
f~/Restrictive Covenant 0~-~?-3
· ' COLLIXR COUNTY FLORIDA
{ ~ REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:. Clerk to the Board: Plctse place the following ts a:
Con. on petition(s), if any & proposed he:anna date:
Does Petition Fee include advcr~ng co~? ~] Yes
11~-138323-649110
.isl Attachments:
l"] No ffYes, whataccountslx~uld~c~for~ng~:
Date County lvlanager Date
I B N TR N
For bear*rap before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If lepi document is involved, be rare that any necessary lepl review, or reqm~
for same, ia mbmltted to County Attorney before mbmtttlng to County Manager. The Manager*s office will distribute
"ounty Manager agenda file: to [] Requesting Dis4slon [] Original :
's Office
bo' bearings: Initiating Division head to approve and submit original to Clerk's O~cc, rctaining a copy for filc.
ERK'S OFFIC; USE 0~:
DateReceivcd:=_~..~ DateofPublichearing:/~==_~.~ DateAd~crtised:
]10~ ']74--8408
~Oz 4,.1. 774-8406
ID
TOTRL ~
November 6, 1997
Ms. Judith Flanagan
NaDles Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition CU-97-17
Dear Judi:
Please advertise the above referenced notice one time on Sunday,
November 23, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
P.O. No. 800551
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, DECEMBER 9,
1997, 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
CU-97-17, Beau Keene, P.E., representing Jerry R. Hooks and Catherine
j. Boyette, requesting Conditional Use '23" of the 'A" zoning district
for a sporting and recreational camp including airboat tours, for
property described described as that part of Section 36, Township 51
South, Range 27 East, lying south and west of U.S. 41 (Tamiami Trail
East) in Collier County, Florida, consisting of 194 acres, more or
less.
Ail 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 COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
~WIGHT E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
SEAL)
November 7, 1997
Jerry R. Hooks & Catherine Boyette
6674 Trail Boulevard
Naples, FL 34108
Re: Notice of Public Hearing to consider a Petition CU-97-17
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, December 9, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
~etition will be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Eric1.
cc: Beau Keene, P.E.
November 7, 1997
Mr. Beau Keene, P.E.
538 9th Avenue South
Naples, FL 34102
Re: Notice of Public Hearing to consider a Petition CU-97-17
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, December 9, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
~etition will be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Jerry R. Hooks & Catherine J. Boyette
RESOLUTION 97-
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF SPORTING AND RECREATIONAL CAMP INCLUDING
AIRBOAT TOURS, CONDITIONAL USE "23" IN THE
"A" RURAL AGRICULTURAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 36, TOWNSHIP 51 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 Statutes, has
conferred on Collier County the power to establish, coordinate ,~nd
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 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 duly
appointed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use "23"
of Section 2.2.2.3 in an "A" Rural Agricultural zoning district for a
sporting and recreational camp including airboat tours, on the
property hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations
and in accordance with Subsection 2.7.4.4 of the Land Development Code
for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Beau Keene, P.E., representing Jerry R.
Hooks and Catherine J. Boyette with respect to the property
hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use ~23" of Section
2.2.2.3 of the "A" Rural Agricultural zoning district for a sporting
and recreational camp including airboat tours in accordance with the
Conceptual Master Plan (Exhibit "C") and subject to the following
conditions:
The Planning Services Director may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by this
conditional use. Expansion of the uses identified and
approved within this conditional use application, or
major changes to the site plan submitted as part of
this application, shall require the submittal of a new
conditional use application.
Permits or letters of exemption from the U.S. Army
Corps of Engineers, Florida Department of Environmental
Protection and the South Florida Water Management
District shall be presented prior to final site
development plan approval.
The building permit is subject to a forty-five (45) day
appeal period by the Florida Department of Community
Affairs.
Prior to the issuance of a Certificate of Occupancy,
all exotic vegetation, as defined by County Code, shall
be removed from the area depicted on the Conceptual
Master Plan (Exhibit 'C"). This area shall be
maintained free of exotic vegetation.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and
Legal Sufficiency:
Mar~rie M. Student
Assistant County Attorney
1S A 2.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
1. Section 2.2.2.3.23 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes No
B. 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
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 for
approval
DATE:
~'×HI BIT "~"
SECTION 36
TOWNSHIP 51 SOUTH, RANGE 27 EAST
ALLLAIRS LYING SOUTH &: WEST OF
CONTAINING 194-'+- ACRES
COLLIER COUNTY, FLORIDA
US-41
N
E
U~
(200'
t
BOAIIO OF CCXJIfTY coIqIqI$$ZON~RS
PO BOX
REFEIIEACE: 0CYI2~4) 80Q~51
$?~ NO?~CE OF PUILZC HEA
State of FLoe~d~
County of CoLLt~.
Before the ta~cleretg~ed e~thortty, ~LLV
~n ~lL4er ~ty, FLor4~: t~t t~
~ ~ t~ ~ert4s~ ~s ~Lt~ tfl
Afft~ furt~ ~l t~t t~ ~?d ~leJ OotLy
~ ~ ~ ~ ~er~ u .~ cLoss
~t~ ~ ~ ~t offtce tfl ~L~, tfl ~td
~tt~er ~y, FL~, f~ · ~ ~ I ~e
~ ~t~ t~ ftret ~t4~ttm ~ tM
furt~ ~e tMt ~ Ms ~tt~r ~td ~r
dto~t, r~te, ~1e41~ or ref~ for t~
~ ~ 8e~rt~ thts ~ert~o~t foe
PUBLISHED ON: 11/2~
AO SPACE: 6A.O00 INCH
S4gnitute of Aff4iflt ,?--; ';/~'~
S~orn to ~nd Subscribed before se thlF'~
Peri. neLLy kt~wn b~ . -"~q ~./~'~/~2,
13A
2
RESOLUTION 97- 459
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF SPORTING AND RECREATIONAL CAMP INCLUDING
AIRBOAT TOURS, CONDITIONAL USE ~23" IN THE
"A" RURAL AGRICULTURAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 36, TOWNSHIP 51 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 Statutes, has
conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 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 duly
appointed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use "23"
of Section 2.2.2.3 in an "A" Rural Agricultural zoning district for a
sporting and recreational camp including airboat tours, on the
property hereinafter described, and has found as a matter of fact
(Exhibit "A") that satisfactory provision and arrangement have been
m~de concerning all applicable matters required by said regulations
and in accordance with Subsection 2.7.4.4 of the Land Development Code
for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPE;%LS of
Collier County, Florida that:
The petition filed by Beau Keene, P.E., representing Jerry R.
Hooks and Catherine J. Boyette with respect to the property
hereinafter described as:
-1-
Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "23" of Section
2.2.2.3 of the "A" Rural Agricultural zoning district for a sporting
and recreational camp including airboat tours in accordance with the
Conceptual Master Plan (Exhibit "C") and subject to the following
conditions:
ao
The Planning Services Director may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by this
conditional use. Expansion of the uses identified and
approved within this conditional use application, or
major changes to the site plan submitted as part of
th~s application, shall require the submittal of a new
conditional use application.
bo
Permits or letters of exemption from the U.S. Army
Corps of Engineers, Florida Department of Environmental
Protection and the South Florida Water Management
District shall be presented prior to final site
development plan apprcval.
Co
The building permit is subject to a forty-five (45) day
appeal period by the Florida Department of Community
Affairs.
do
Prior to the issuance of a Certificate of Occupancy,
all exotic vegetation, as defined by County Code, shall
be removed from the area depicted on the Conceptual
Master Plan (Exhibit "C"). This area shall be
maintained free of exotic vegetation.
eo
At the time of private airboat tour operation
commencement, the Petitioner shall install and maintain
no trespassing signage along the entire property line
every 300~ yards. The entire property shall be utilized
specifically for commercial conservation/ecological
tours and exhibits.
The Petitioner shall utilize existing airboat trails in a
round trip method according to the proposed existing
trails identified on the aerial photograph submitted on
September 12, 1997.
The Petitioner shall assist and work with the applicable
state and federal agenries (i.e., U.S. Fish and Wildlife
Service, Florida Game and Fresh Water Fish Commission,
etc.) to prepare base-line environmental studies.
ho
The airboats shall only be equipped with non-aircraft
engines including spark arrestors and properly muffled
to reduce noise.
Airboats shall be limited to a maximum length of
sixteen (16) feet and no more than six (6) people
aboard, excluding the pilot.
J. No more than four (4) airboats shall be permitted to
operate at this site, at any one time.
-2-
l A21111
The alligator farm shall be utilized for exhibit
purposes only. No commercial farming of alligators or
crocodiles shall be permitted. Only native Florida
species of crocodilians shall be permitted on the
subject property.
Airboats shall only be permitted to operate during
daylight hours, one hour after sunrise to one hour
before sunset.
mo
One year from the date of the Conditional Use approval
(December 9, 1998), the Board of Zoning Appeals
will reevaluate this Conditional Use and if found to be
abusive or detrimental to the environment, and no steps
were taken to correct the problem, then the BZA has the
ability to eliminate the Conditional Use.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this j//v~ day of -/3~-/~ ., 1997.
_.ATTEST: ' * 'c
'j DWIGHT E, BR0C-K~ Clerk
· Approved ~""
as .t~ 'Form and
Legal* Sufff~ency:
MarJSrie M. Student
Assistant County Attorney
f/C0-97-17 ~'~ZSOLt,'T I OW
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TImOthY ~ HANCOCK, Chairman
-3-
1.3A q
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
1. Section 2.2.2.3.23 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth
Management Plan: ~/
Yes __No --
B. 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 ingres9 & egress
Yes ~-' No
C. Affects neighboring properties in relation to noise,
glare, ecgnomic or odor effects:-
~' No affect or Affect mitigated by .
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use withi~district
Yes ~__~__No .
Based on the above finding s ' hal use should, with
stipulations, (copy attach~be recommended for
approval ~
~/CU-~-].T ~lDZg~2 Or FACT
"EXHIBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
1. Section 2.2.2.3.23 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 property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management Plan:
Yes ,,, No X
B. 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 ~
C. Affects neighboring properties in relation to n~isc,
glare, economic or odor effects:
No affect or Affect mitigated by
-- ,~_ Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No ~
Based on the above findings, this condiZ, i~na! use should, with
stipulations, (copy attached)~-~culd not)'~e~recommended for
approval
DATE: ///_ _..:..n~ . ~' -/' ME:~BER:
i'/CU-9?-17 FI.'~D~NG OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
1. Section 2.2.2.3.23 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 property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management P~No
Yes
B. 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 & ?~ess
Yes ~/ No
C. Affects neighboring properties in relation to noise,
glare, ecpnomic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
Do
Compatibility with adjacent properties and other
property in the district:
Compatibleyes us~thinNo district
Based on the above findings, this conditional use should, with
stiDula~ions, (copy attached) (should not)be r/ecommended for
DATE://-- ~ -~_.~
f/~-97-1~ F~IN~ OF FA~ M~B£R/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
1o Section 2.2.2.3.23 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 propezty
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management ~:
Yes No
B. 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 & e/~fess
Yes ~'No
C. Affects neighboring properties in relation to L]uisc,
glare, e~omic or odor effects:
w'No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use w~j.~hin district
Yes w- ~;o
Based on the above findings,
(copy attached)
this conditional use should,/w~th
(should not) be recomme~d~yor
MEMBER:~
f/CU-97-17 PINDING OF PACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
Section 2.2.2.3.23 of the Land Development Code authorized
the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other prope~y
or uses in the same district or neighborhood because of:
ao
Consistency with the La~ Development Code and
Growth Management Pla~f.
Yes _~__~No
B. Ingress and egress to property and proposed
strucuures 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 & eg,~,~ss
Yes ~/No
C. Affects neighboring properties in relation to nt:~:;c,
glare, economic or odor effects: ~-~---_~//~/'/~(/~Z-
__ No affect or __ Affect mitigated by
__ Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use w~ithin district
Yes %/' No
Based on the above findings, this conditio~~ho~th
stipulations,~(co~y attached)(should ~/~, ~.~/~or
approval ~~~__ . ER~/~
DATE:~ ME~I -
f/CU-97-17 FINDING OF FACT. MEMBER~
FINDING OF FACT
BY
COLLIER COUNTY PLA_NNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
Section 2.2.2.3.23 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 property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management,~t~lan:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference tu
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &Negress
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
Do
Compatibility with adjacent properties and other
property in the district:
Compatible us~ within district
Yes ~ No
Based on the above findings, this conditional use should, with
stipulations, . . be recommended for
approval ~
DATE:~__ ME~V~
f/CU-97-1~ FINDING OF FACT M£MBZR/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-17
The following facts are found:
1. Section 2.2.2.3.23 of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A.Consistency with the Land Development Code and
Growth Management Plan:
Yes ~,/ No
B. 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
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
_____~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ~No
Based on ~he above findings, th~~ditional use should, with
stipulations, (copy attached)<(s~ho~3_d.)not) be recommended for
approval ~ . ~ ,
f/C~-97-17 FINDING OF FACT MEMBER/
SECTION 36
TOWNSHIP 51 SOUTH, RANGE 27 EAST
ALLLANDS LYING SOUTH &: WEST OF US-41
CONTAINING 194-1- ACRES
COLLIER COUNTY, FLORIDA
-- Exh£b~t "B"
13A2 ' '
(2oc
N
~t
~~ J
EXHIBIT
United States Dep ent of the Interi6r
3~,0 Toll~te Blvd., Su. 30
N~l~s. FI.. 34114
Oc~bcr 23, 1997
CamdJtim~ Use Pe~Ltt~m ~"'~-97-17
WI~ D~ccr ~ Tcur~ m~d ,~lg~Ia~ F~'m
Sectkm 3~3, Towmh~ il ~ ~ 2'/~
2
Th,v~ you for siring me the c~~ to coum,m~ on tlxc above development pelilion. ~e
~sed v~c is I~z~ ~j~t to Tm ~o~ ~1~ N~o~ ~l~e ~
B~e ~e v~e ~y ~ve ~ ~t on ~e ~ge, I wou~ ~gl~t ~c foll~ng c~o~:
1. The venm~'s ~boat ~5c shoul~ m~in s dist.~zu:e ora: lezn 50 ~ from :he bouzui~
of:he refuge. A.uy closer wavel would ~ bir~ ~a: ~re on :he refuge close to ~m vmm~'s
bounds.. Birds or o~hcr ~m~ on :he refuse should not be d~=bed by :he vent~u'e's
2. In reference to the alli~or ~ w~ hzvc a concern abou~ exotic., alien species fl~ may be
r~ed or cared for ~ Ge Iota=cm. ~ n~y esc~c fi'om :he f~cili~y or z hurric~mc/n~jor
~ evem may disperse animab fi'om the faciliv/. These IZ~nab may find :h=e way omo :he
refuge a~d cause problems. I wo~ld recomrncnd ',&a~ only native, endemic spc~ies be raised.
A~ain tl~nk you for :he opporu~/to commcnt. Ple~e ccn~ct mc if you have my questions,
(~41) 353- 8442, ext 27.
Jim Krakowski
Re~ge l~mag ~r
.
P.4
L
P~.tt*,lou No, z
rarvh'~nmental Consultant:
Couditiou~ Uoo Poth~n No. CU-97-17 /
8pectd Trutment Permit No. ST-97-1
Tho ,ut~oct ~ h · ~~ ~hap~d parcel ofhnd locstod on tho ~ ddo
of U.S. 41, iznmahtu~ mst of Collie' Seminole St&te Paflt in Soc~on 36,
A-ACSC/ST ~ Strud Sine Forut) Undev~oped
E.O.~'. IJ.S. 41
8 - CON--ACSC/ST (Tm~ ~ lslan~ Undm~loped
CON-ST (Collier Semioob Smo Park) Dev~oped ptrk site
~K~ Meeting Nov~nber 5, I~
C[~-I'//~T-~7-I (Wind Duces' Airboat Tours sad AI]i~ltor Farm)
13A 2'
Water Ma~a~n~nt:
W'm~l Dane~ Airbo~ To~-s and Alll~tor ltarm Con~flonal Use M~ster Plan,
by Co, er C,o~ty Plm~ng Sen4~ on Octobsr 22, I~97.
W'md ~ Airbo~ To~'s and Al~xtor Farm ~o~al Us~ Mastm' Plan.
~rmd D~cer Aieoo~ Tours Tla~ and ~ Sp~e~ $urwy, ~
$en4ces on S~pt~nt~ 12, 1~'/.
STAFI~ CO~:
Water Managtm~nt=
TI~ a~lica~ is r~tucst~ t co~ona] u~e ~ atrbo~ to~' operations on s
This petition result~ ~tom a Code ~ action. A con~ wu r~iv.d
b~ th. Code ~ ~ rsssrd~ns uni~edt~ sldxm tour
oper~o~ and a ~ wss ]~dd on Angust $, 1~ ~ tl~ psttttoner snd
fa~t r~uir~ r~rdl~ of' wlmher sit~ ~ ~ ma~ ~
NOV.t?
13A
2
Meeting Nevemb~ ~, 1~7
Cq~-~T-17/ST-~'.I OYlud Dan~m- AL'boat Tours and Alllpter Farm)
3
re~rutio~ usa wu occu.~n~ on the property. ~ ~ Notice of Vkdation
was s~ved, wt~ the stipu~ ~ sa s~pll~s~on fo~ & Condi6on~i Us~ be
The subje~ I~q~rt7 ~ ~ a salt wm' mmh wire ~ t~ ~ of
~ and ~abbap pabn. A borrow pit and uplana spoil area ara sleo ~
on tbe pn~m, t7 aa'jao~ to U.S. 41. The folknvi3~ is, d~ of tho sit, as
~ tn the ~ =xl End~ntar~ Spe~e, Su,~e/~a' Wind D~' Atdx~
Tours,
A tk~ten~ ~l endeared spe~i~ surv~ of ~ prop~ty wu cx~d dur~
(0~0-1000), n~ay (tloo.:~oo) ~ hto. d~ (t~oo-~soo) tune peod~ An
and ,ti~na~ observadon polats wet. uu:]iz=d for the surw~. List~
KAB Meeting November $, 1997
~'U.9'I. tT/~T-97- 1 (Wind Dnac~r Alrbo&t Tours and Allisator
Pa~e 4
wild]de spec'les ideatified on site includa saow~ c~'ct, E~r~t~a thula, ~e b~
~t it. Two ~cs of ~ pl~ (~l~a) ~ o~ on ~e ~.
Bo~ ~ ~e ~st~ ~ ~o ~te of~a ~Y duo to ~d~ ~
A compile 5~ o~ pl~ ~d ~m~s id~ on site is f~ ~ ~e ~~
any one time.
~oti.~caxion I~'tsrs were mailed on October 10, 1997 to t~ mana~ of~ Tm
~m~nand Talnnd~ Nat;on~ ~ife ~Se, CoH;~ ~ie StYe P~ ~
Pi~e S~ 5~te F~ W~m m~ w~ ~ on ~ 24,
~o~'~ I~.
Staff r~commends appro~l of Conditional Usa Petition No. CU-97-17 I Special
Treatment Permit No. ST-9'/-I, "Wind Dancer Airbott Tows sad Alas=tot l~srm"
with the followin8 ~Fulatio~:
EAB IV'dm/nS Noytmber ~, 19Y7
CU-YT.I?/ST-97-1 (Wind Dtncrr Atrt)ott Toun tnd AJUptor Fsr~n)
13A
2
CU-97-17/ST-97-1 (Wind Dtncer Alrboat Tou~ smd Alllptor Farm)
DATI~
DATI~
~ ~BY:
United S~ates Department of the Interi~
Ten ~~ ~ N~ ~fl~ ~c'
3~ To~ BI~ S~ 30
N~I~ ~ 34114
13A
2
! ~
Nph,FL 33942
~ ~ you for tho opp~/to commeut, l, leuo cozmtc'~ me tf you~v,~ ~7 ques~om.
(941) 3~3- 8,.2. ext 27.
!3A 2
November 20, 1997
CHAIRMAN DAVIS: Put a parking lot in instead of how many -- how
~any residential units would there be? MR. KANT: Four.
CHAIRMAN DAVIS: Yeah, four residential units, I'm sorry. You
could build four residential units on the lots.
MR. HOOVER: Do you know the size of the lot? Is it four?
CHAIRMAN DAVIS: Point taken, Mr. Priddy. Any other questions of
staff or ~etitioner?
Anyone else to speak on this petition today?
Seeing none, I'll close the public hearing.
COMMISSIONER PRIDDY: Mr. Chairman, I move that we approve --
recommend for approval, Petition OSP-97-3, with the ATM allowed.
COMMISSIONER YORK: If legal.
COMMISSIONER WRAGE: Second.
COMMISSIONER PRIDDY: Yes, we'll be like the Board of County
Commissioners, it's legal until somebody tells us it's not.
COM}{ISSIONER WKAGE: Second.
COMMISSIONER YORK: I'll second it.
MS. STUDENT: Well, I just want to say that if somebody tells you
it's not -- I mean, if there's a problem and it's not -- it's void
from the beginning, if you don't have authority to do it.
CHAIRMAN DAVIS: There was a motion of recommendation of approval
by Mr. Priddy, and I think initially seconded by Mr. Wrage. Any
discussion on the motion?
All those in favor, signify by saying aye.
Opposed?
(No response.)
Carries unanimously.
Okay. Let's see, CU-97-17.
COMMISSIONER BRUET: Mr. Chairman, I need to recuse myself from
this item. My employer owns the property, the lease that is
effective.
CHAIRMAN DAVIS: Okay.
I'll ask all those here today that are going to speak on this
petition to please stand and raise your right hands so the court
reporter may swear you in.
(Whereupon, all speakers on this issue were sworn.)
CHAIRMAN DAVIS: In the way of disclosure, I had'a very brief
conversation on the phone with Mr. Hooks, the petitioner, and I
provided everyone a copy of correspondence that was faxed to me from a
Ms. Tammi House. Mr. Reischl.
MR. REISCHL: Morning, commissioners, Fred Reischl. This is a
request for a conditional use for airboat tour operations. The site
is located south of US-41, and tkis map will probably give you the
best location. State Road 92 is just off the map here. This is --
the blue line is State Road 29. Yellow is US-41, and this is the
subject proper';y, the south -- the portion of that section that is
below, south u£ US-41, that is Port of the Islands for a point of
reference, Everglades City is down this way. Here's an aerial view of
,. the site, the blue on blue is hard to see, but it's this triangularly
Page 15
13A 2
November 20, 1997
shaped piece, you can see the borrow pit that's on the site plan
distinctly in the aerial, and the petitioner has marked the trails in
blue, their proposed trails on the site plan, on the aerial.
On the site plan, you see it in a little more detail. The right
of way of US-41, the canals, the proposed parking area, the borrow
pit, and the pink shows the existing docks that will be used to launch
the airboats.
The petitioner was heard by the Environmental Advisory BDard, and
the EAB added approximately seven stipulations to their resolution,
which are included in the resolution in your packet. Included among
them were the limitation of hours of operation from one hour after
sunrise to one hour before sunset. Instead of definitive hours, they
felt that this would allow the operation during daylight hours at all
times of the year, with minimal disturbance to bird roosting and
nesting during the dawn and dusk hours.
The three parks involved were all notified and the one concern
that was discussed at the EAB was on the south side. Two of the
trails -- you can see that on your map in your packet a little better
-- two of the trails come within 50 yards of the south border. Now,
that was proposed to the EAB that there be no airboat tour operation
within 50 yards of one of the parks. The EAB decided not to include
that stipulation because of these two points. However, they are
limited to staying on existing trails. Therefore, at ~- only at those
two'points will they come within 50 yards of one of the parks, so we
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 sensitive?
MR. REISCHL: It's in the area of critical state concern.
COMMISSIONER PRIDDY: The land's owned by Collier Enterprises.
COMMISSIONER BRUET: Yeah, I believe Collier Enterprises owns the
land.
CHAIRMAN DAVIS: Well, maybe the petitioner's representative --
MR. REISCHL: He can speak, but we have a deed that shows Mr.
Hooks as the ow~.er.
MR. KEdgE: For the record, Beau Keene with Keene Engineering,
representing Jerry Hooks, and Jerry Hooks is the owne~ of the
property. It's 194 acres.
MR. HOOKS: Yeah, I own the property.
COMMISSIONER BRUET: Yeah, I need to clarify one thing. Mike
Ramsey, who works for Collier Enterprises, has been involved in the
leasing of that area and he was copied by this correspondence. Why is
that? What's the connection? I need to clarify this.
MR. MLrLHERE: This gentleman wasn't sworn.
CHAIRMAN DAVIS: Mr. Hooks, were you sworn in?
Did you say you were sworn, and if you can identify yourself for
the record?
MR. HOOKS: I'm Jerry Hooks, I'm the owner of the property in
question. Mike Ramsey has no connection whatsoever with the property
in which we're concerned with. He is the gentleman who handles the
Page 16
13A 2
November 20, 1997
leasing of the other airboat ride down the road from me, that's why
he's involved in it.
COMMISSIONER BRUET: Okay. Thank you. I'd like to get back in.
CHAIRMAN DAVIS: So that takes your dilemma away, Mr. Bruet?
COMMISSIONER BRUET: Yes, but, Marjorie, can I step back in?
MS. STUDENT: Oh, yeah.
COMMISSIONER BRUET: Thank you.
COMMISSIONER NELSON: You're un-recused.
CHAIRMAN DAVIS: Mr. Reischl.
MR. REISCHL: To give you a clarification of the location there,
on this map this red shaded area is the Everglades Private Airboat
Tours operation, approximately 10 miles to the east and then there's a
dock here, which is the launching location for Gator Airboat Tours,
which basically runs on open water. They're a little bit different
from Everglades Private and Mr. Hooks' proposed location. Everglades
Private is approximately 1,000 acres. Mr. Hooks is approximately 200
-- 194, I believe.
CHAIRMAN DAVIS: Any questions of staff? Mr. Nelson.
COMI~ISSIONER NELSON: Forgive me, Fred, if you mentioned this and
I missed it, but this letter that we got from Tammi House indicates
that a competitive airboat tour is subject to a lot of stipulations
that they don't believe that this petitioner is now. This is one of
the letters that's sort of irritating that you can't find exactly what
~.. all. these stipulations are. Is that true?
MR. REISCHL: Well, what was presented to the EAB, Mrs. House
spoke at the gAB, and the stipulations from her -- her operation, her
conditional use were gone through and if they apply to EAB, EAB made
them conditions for this proposed conditional use also.
MR. MULHERE: I think that some of the stipulations that were
proposed on Everglades Airboat -- Private Airboat Tours, were over the
past few years were deemed to be not appropriate. One of which was an
annual bird study, which couldn't really in the end provide any
definitive information as to whether or not there were negative
impacts associated with the airboat tours on the bird population.
MR. REIECHL: And the board has directed we remove that condition
from her conditional use. That's in the process of being done right
now.
MR. MUT,HERE: Secondly, there are some stipulati6ns that are --
that the staff is recommending on this operation, that are not
included in Ms. Haus' operation. Most notably, a limitation on the
hours of operation and the number of boats and, you know, I think Fred
will get into that, but it's based on the relatively small size of the
property on which this operation can operate, versus, I think the
Private -- Everglades Private Airboat Tours has over a thousand acres
that they lease, so -- but I'll let Fred get into that.
MR. REISCHL: And also, concerning the boats, I had a
conversation with Mr. Hooks yesterday. He did want to make an
adjustment or request an adjustment on that, on the size and nun~r of
passengers of the boat.
CHAIRMAN DAVIS: Yes, Mr. Reischl, we received a copy of that
Page 17
November 20, 1997
request. Through this process, is there some relationship between the
number of boats and how many acres, because there does seem to be a
big discrepancy between the two?
MR. REISCHL: That's what we were trying to accomplish. As Bob
said, Everglades Private Airboat Tours is approximately 1,000 acres.
This is approximately 200. We were trying to Get some kind of ratio
between size and the number of boats operating on the sites, on tke
two different sites.
CHAIRMAN DAVIS: Yeah, and I Guess that's what I'm wondering
about because as I read Mrs. Haus' letter, it's six boats on a little
o~er ~,000 acres, versus three boats on less than 200 acres, and I
Guess I was trying to figure out where the ratio is there.
MR. MULHERE: I don't think that there necessarily was a ratio.
We felt that three boats could be accommodated on the 200 acres and
that six boats might, if the use was constant and if business was
Good, might have a deleterious effect on the environment over time and
on the animal species in the area, but the relationship -- I mean,
there is no comparison because I don't know that -- I'm not even sure
the issue was discussed when Ms. House came in as to how many boats
she might have been able to have. I'm not sure whether that was
discussed.
COMMISSIONER PEDONE: If Ms. House wanted to increase the number
of boats and bring herself in line with the ratio, would she be able
to do that?
MR. MULHERE: I think she could re-petition the planning
commission or the board to increase that number. There was a
limitation of six boats placed -- ultimately placed on her, but I'm
not sure what the discussion was at that time. That's something we
can look into, whether or not it was placed on Everglades Private
Airboat Tours, based on some belief that by limiting the number of
boats, we would minimize the impacts to the property out there, ~nd
I'm not sure even what the market demand is and whether or not there's
a market for three or four more boats out there. Maybe there is, but
she could do that and she indicated, at the planning co~ssion
meeting, she might be willing to come back and do that so --
COMMISSIONER YORK: My concern is to the wildlife, the ecological
impact.
CHAIRMAN DAVIS: And from what I've read in the ~taff report,
there seems to be, you know, I guess the recommendation to us is three
boats seem to be what the land can tolerate. Okay. Anything else,
Mr. Reischl, before we move to the petitioner's representative?
MR. REISCHL: I received a phone call inquiring about some of the
aspects of the operation. He requested me to give him a call back
after your recommendation, and I received a letter from a lady saying,
in effect, let the developer do what he wants. I think those were her
words.
CHAIRMAN DAVIS: Okay. Mr. Keene.
MR. KEENE: Again, for the record, Beau Keene. I think Fred did
a pretty good job. We're comfortable with all the conditions of the
~_ approval, with the exception INJ. Jerry Hooks currently owns four
Page 18
13A 2_
November 20, 1997
airboats ranging in size from 13 to 17 feet, and an 18 foot boat is a
little larger than the trails currently can handle, and we just
requested permission to use 4 boats at'any given time, up to 16 feet
in length and 6 passengers.
COMMISSIONER PRIDDY: I have a question.
CHAIRMAN DAVIS: Mr. Priddy.
COMMISSIONER PRIDDY: When did Mr. Hooks acquire this property,
about how long ago?
MR. KEEN-E: Two years ago.
COMMISSIONER PRIDDY: And was that from the Collier family?
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 BRUET: Mr. Chairman, I think everybody needs to
earn a living somewhere, and those in Everglades City are kind of
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 boats,
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 motion7
COMMISSIONER YORK: Well, my main concern is that~ you know, how
many of these are we going to allow out there? We've got -- we've got
the Everglades that are, you know, are just -- there's a big
government movement to try to restore them and I don't see where this
does anything to help that situation.
COMMISSIONER BRUET: I believe these are all uses of existing
trails. You can't make new ones, Don. He's going to utilize what's
available with certainly minimal impacts.
MR. REISCHL: That's correct, and the area of critical state
concern, salt marsh grasses are protected and basically you couldn't
cut new trails, that's why Mr. Hooks is proposing just to use the
existing trails and that's why the EAB was satisfied that in -- except
for those two places I noted, the boats would not come closer than 50
yards to any of the parks.
Mr. Bruet, can I ask if you're going to limit th~ number of
passengers or change the number of passengers?
COMMISSIONER BRUET: As the petitioner had requested, you know,
he knows the market better than I.
CHAIPF~kN DAVIS: I'm not going to support the motion. The reason
is, I feel a lot more comfortable with staff's recommendation than
what the petitioner's asked for.
Any more discussion on the motion?
COMMISSIOneR NELSON: Mr. Reischl, you were aware that the
petitioner wanted to make the boats smaller and increase the number
when you prepared your recommendation?
MR. REISCHL: No, I heard this yesterday.
COMMISSIONER NELSON: All right. And your feeling is running one
Page 19
November 20, 1997
more -- one more boat, but having them all smaller, is what?
MR. REISCHL: I, again, I'm not an expert in the market. They're
using existing trails, so basically it's gonna be a noise problem,
rather than destroying the salt marsh grasses. It's gonna be the
noise of four boats, versus the noise of three boats at one time,
would be the main issue. I think that perhaps the hours -- limiting
the hours of operation would have more of an effect on the wildlife
than the number of boats.
CHAIRMAN DAVIS: The number of boats didn't come up in the EAB
discussion?
MR. REISCHL: Not to my recollection, no, it didn't.
CHAIRMAN DAVIS: Thanks. Any more discussion?
COMMISSIONER WRAGE: The only thing, Mr. Chairman, I'm going to
support the motion. One of the things I do note, and I have not been
on Mr. Hooks' boats, but I've certainly been on the Everglades Private
Airboat Tours, and I believe they even advertise a night operation.
At some point, us or the county's going to need to establish a level
field out there of operation, I think of size. I'm not sure -- we're
dwelling in competitive issues here of one person over another and I
don't believe that's our purpose.
MR. REISCHL: Well, the EAB asked staff to propose to the Board
of County Commissioners that there be special conditions established
for airboat conditional uses and the board decided that they would
want to look at them on a case by case basis, they did not want to
establish standards at this time.
COMMISSIONER PRIDDY: Mr. Chairman, I call for the question.
CHAIRMAN DAVIS: All those in favor of the motion, signify by
saying aye.
Opposed? ..
Nay.
COMMISSIONER YORK: Nay.
CHAIRMAN DAVIS: It carries five to two, myself and Mr. York
against.
We need to fill out our conditional use sheets.
COM~ISSIONER NELSON: And pass them to our secretary.
CHAIRMAN DAVIS: Yes, and pass them to our secretary.
The next petition is PSP-97- -- PSP-97-9.
I'd ask all those present that are going to testify on this
petition to please stand and raise you right hand so you may be sworn.
(Whe'ceupon, all speakers on this issue were sworn.)
MR. NINO: For the record, my name is Ron Nino. PSP-97-9 is for
a project which I'm sure you're quite familiar with. It wasn't too
long ago that you approved the PL~ rezoning action, and you may recall
that the singular issue that came out of that discussion was the need
to preserve a right-of-way along the south side of The Club Estates.
That issue went to the board and the board determined that, indeed, we
did want a right-of-way. However, there was a reduction in the width
of that right-of-way of 30 feet as it lies contiguous to the lots and
expands the 50 feet on the western end of the project.
Reviewing staff have asked for certain conditions to be included
Page 20
RESOLUTION NO. 93- 129_
A RESOLUTION PROVIDING FOR T~E ESTABLISH~fENT OF
RECP~ATIONAL FACILITIES CONDITIONAL USE IN THE
A-ACSC/ST ZONING DISTRICT PURSUANT TO SECTION
2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE, FOR ALL THE PROPERTY DU~ATED SOUTH OF THE
U.S. %41 RIGHT-OF-WAY, CONSISTING OF 1,016 ACRES
MORE OR I2~SS, IN SECTIONS 26 & 27, TOWNSHIP 52
SOUTR, RANGE 29 EAST, CO?.~.IER COUNTY, FLORIDA.
%~HEREAS, the Legislature of the State of Florida in Chapter
67-1246, l~%ws of Florida, and chapter 125, Florida Statutes, has
conferred on Collier county the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for
the protection of the public; and
W~EREAS, 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
W~EREAS, the Collier county Planning Commission, being the
duly appointed and constituted planning board for the area hereby
affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability
of Conditional Use "23" in an A-ACSC/ST zone for recreational
facilities on the property hereinafter described, and has found as
a matter of fact (Exhibit "A") that satisfactory provision and
arrangement has been made concerning all applicable matters
required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Development Code for the Collier County
Planning commission; and
WHEREAS, all interested parties have been given opportunity to
be heard by this Board in a public meeting assembled and the Board
haviPg considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS
of Collier county, Florida that:
-1-
The petition filed by Mitchell D. and Teresa E. House, d/b/a
Everglades Private Airboat Tours and Collier Enterprises, owner,
All the property south of the U.S. 41 right-of-way,
consisting of 1,016 acres, more or less, and located in
Sections 26 & 27, Township 52 South, Range 29 East,
Collier County, Florida.
be and the same is hereby approved for. Conditional Use "23" of the
A-ACSC/ST zoning district for recreational facilities in accordance
with the Conceptual Master Plan (Exhibit "B") and subject to the
following conditions:
a. The Planning Services Manager may approve minor changes
in the location, siting, or height of buildings,
structures, and improvements authorized by the
conditional use. Expansion of the uses identified and
' ' approved within this conditional use application, or
major changes to the site plan submitted as part of this
application, shall require the submittal of a new
conditional use application, and shall comply with all
applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan
Review and approval, of the Collier County Land
Development Code (ordinance No. 91-102).
b. This project shall be required to meet all County
ordinances in effect at the time final construction
documents are submitted for development approval.
Co
do
The petitioner shall submit to Project Plan Review
Environmental Staff for review and approval, a monitoring
program to assess possible impacts to the natural
resources of the area within the conditional use
boundaries, specifically impact~ to avian species. The
monitoring program must include at a minim=m, avian
species utilization data collected bi-annually, once
during the wet season and once during the dry season,
over a five year period, beginning after private airboat
tour operation commencement. If Staff determines that
the data indicates negative impacts on avian species
populations utilizing the site, petitioner shall be
provided notice of such impact and given 90 days to
provide a plan acceptable to staff and petitioner to
correct such impacts. If an agreement is not reached the
petitioner shall be required to return to the
Environmental Advisory Board (EAB) or its successor for
possible private airboat tour operation revisions (for
example, existing trails, etc.).
At the time of private airboat tour operation
commencement, the petitioner shall install and maintain
no trespassing signage along the entire property line
every 300~ yards. The entire property shall be utilized
specifically for commercial conservation/ecological
tours. There shall be no other permitted uses associated
with this conditional use.
-2-
The applicant shall utilize existing airboat trails in a
round trip method aocording to the proposed existing
trails identified on the aerial submitted on February 10,
1993.
p'ermits or letters of exemption from the U.S. Army corps
of Engineers, Florida Depart~gnt of Environmental
Regulation and the South Florida Water Management
District shall be presented prior to the issuance of a
final site development plan approval.
Prior to final site development pla~ approval the
applicant shall submit to Project Plan Review
Environmental Staff for review and approval a Wetland
Mitigation and Enhancement Plan. This plan shall include
compensatory measures to offset the wetland impacts on at
least an equal area basis (Collier county GroWth
Management Plan - conservation and Coastal Management
Element Policy 6.2.7).
Prior to the issuance of a Certificate of Occupancy all
exotic vegetation as defined by the county Land
Development code shall be removed at a minimum of fifty
(50) foot buffer from the approved final site development
plan development footprint. The fifty (50) foot buffer
area and all developed areas shall be maintained free of
exotic vegetation (Collier county Land Development Code
Section 2.2.24.7.4.18).
issuance of the Certificate of Occupancy, the
i. Upo~ .... :- -ubS,ct to a forty-five (45) dgy
in ermlu ~ ~ ~
build, g P _ lorida De artment of Community
appeal period by the F P
Affairs.
j. The petitioner shall assist and work with the applicable
state and federal agencies (i.e., U.S. Fish and Wildlife
Service, Florida Game and Fresh Water Fish Commission,
etc.) to prepare base line environmental ~tudies.
k. Tn, airboats shall only be equipped with non-aircraft
engines including spark arrestors and properly muffled to
reduce the noise as much as possible.
1. Airboats shall be limited to a maximum length of eighteen
(18) feet and no more than ten (10) people aboard,
including the driver.
m. No more than six (6) airboats shall be allowed to operate
at this site, at any one time.
n. One year from the date of the conditional use approval
(March 23rd, 1994), the Board of County Commissioners
will reevaluate this conditional use and if found to be
abusive or detrimental to the environment, and no steps
were taken to correct the problem, then the BCC has the
ability to eliminate the conditional use.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board.
-3-
commissioner _ ~grris offered the foregoing
Resolution and moved for ire adoption, seconded by Commi~lioner
¥o'loe and upon roll call, the vote was:
AYES: Commissioner Norris, Commissioner Volpe, Com~ssioner Constantine,
Commissioner Matthews, and Commissioner Saunders
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
A .TTF. ST-'..~-~'~'] lit"
~OVZD ~s =o..~o~ AND
LE~A~...' 'SUFFICIENCY:
~O~IZ M.' ~T~DENT
ASSISTANT COUF~Y ATTOm'~¥
daY' of ~ 1993.
BOARD OF ZONING APPEALS
BURT L. SAD'NDE]tS, CHAIRMAN
CU-92-16 RESOLUTION/r~b/9088
-4-
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Disp~y Adv., location, crc.)
3
C~ginating Dept/Div: Comm. Dcv. Scrv./Hanmng
Petition No. Of none, ~ brief descri~ion): V-97-13
Person: ~nn~~
Date:
Pttitioncr: (Name & Addr~-~): W. Franklin Ellis & Carol B. Ellis. 710 Holvbriar lane. Naoles. FL 3410g
Name & Address of any person(s) to be notit'~xt by Clc~'s C)~ce: (If more ~ is needed, attach ~te sheet) Dennis P. Cronin.
Emuire. 13orieL Schoeneck & KinL P.A.. i 167 Third Street South. Naples. FL 34102
Hearing before BCC XXX BZA OUer
Newspaper(s) to be used: (Complete only il'imperlant):
Based on advertisement appearin I~ before hearing.
XXX Naples Daily News
Olhcr [] Legally ReqtUred
Proposed Text: (Include legal de~.-ription & common location & Size: Petition No. V-97-13. Dennis P. Cronin. Esmfim. of Bond.
Schoeneck & Kine. P.a.. reoresentine W. Franklin Ellis and Carol B. Ellis. ro~,e~in_e a 2.39 fool aflcr.4he-fact variance from the
re:mired side setback of 7.:~ feet to ~. i i fe~ for orooertv located at 170 Hoh, briar Lan~, f~rth~r d~ribed as Site I. Block B. Pelican
Ba~ Unit 4. Collier Co~ntv. Florida.
Compemon pctitionCsL if any & proposed hearing date:
Does Petition Fo: include advorlising cos~? ~ [-] No If Yes. what account should be ch..~rged for advertising costs:
113-138323-649110
Division ~ Date Count/M~n~gcr ~
LL~ Altacluncnt~:
DISTRIBUTION IN~TRI, I(~Yl'IO NS
For hearin~g~ before BCC or BZA: Initiating per,on to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary leT, al review, or reqm~
for same, is submitted to County Attorney before ~ubmitting to County Manager. The Manager's office will distribute
[] County Manager a~enda file: to
Clerk's Office
[-] Requesting Division
I--1 Original
B. Other hearings: Initiating Division head lo approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLy:
Date Received: ////,~
/
Date of Public hearing:
/.--~/~ Date Advenised: ///~/~ ,~
/
I0; ,L,T
ID
TOTI::L t:~ 6
November 4, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition V-97-13
Dear Judi:
Please adver~{se the above referenced notice one time on Sunday,
November 23, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barb[retti, Deputy Clerk
Encl.
P.O. No. 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, DECEMBER 9,
1997, 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
V-97-13, Dennis P. Cronin, Esquire, of Bond, Schoeneck & King, P. A.,
representing W. Franklin Ellis and Carol B. Ellis, requesting a 2.39
foot after-the-fact variance from the required side setback of 7.5 feet
to 5.11 feet for property located at 170 Holybriar Lane, further
described as Site 1, Block B, Pelican Bay unit 4, as recorded in Plat
Book 13, Pages 30-32, of the Public Records of Collier County, Florida.
Ail 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 COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT 'E. BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
November 5, 1997
Dennis P. Cronin, Esquire
Bond, Schoeneck & King, P.A.
1167 Third Street South
Naples, FL 34102
Re: Notice of Public Hearing to consider a Petition V-97-13
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board ~f County Commissioners on Tuesday, December 9, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition ~ill be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: W. Franklin Ellis & Carol B. Ellis
November 5, 1997
W. Franklin Ellis & Carol B. Ellis
710 Holybriar Lane
Naples, FL 34108
Re: Notice of Public Hearing to consider a Petition V-97-13
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board 9f County Commissioners on Tuesday, December 9, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Dennis P. Cronin, Esq.
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 Board 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 a 2.39-foot after-the-fact variance from the required
~ side setback of 7.5 feet to 5.11 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 Count},; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting asse~led, 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 V-97-13 filed by Dennis P. Cronin, Esquire of Bond,
Schoeneck & King, P.A., representing W. Franklin Ellis and Carol B.
Ellis, with respect to the property hereinafter described as:
Site 1, Block B, Pelican Bay Unit 4, as recorded in Plat Book
13, Pages 30-32, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 2.39-foot after-the-fact
variance from the required side setback of 7.5 feet to 5.11 feet as shown
-1-
on the attached plot plan, Exhibit "A", of the ~PUD" zoning district
wherein said property is located.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-13 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
Assistant County Attorney
SURVEY
SITE
2
SITE 59
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SITE I / :2
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NOTES:
ADDRESS: 710 HOLLY'BRIAR LANE
F'I..O00 ZONE 'X" PANEL NO. 120067 0581 E.
BASIS O~ BE:AR1NGS Y~::ST PROPERTY UNE N57"10'§4'W.
D=DEtrD. M=,MEASUR£D. C=CALCULATED
([=CENTER UNE. UE==UTILITY EASEMENT
WM-,WATER METER. PE-POOL EQUIPMENT
~.' - 50'
NOT Vm, L.D
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mpLes, FL 33940
!
WOE COLE~ COI~ISSIONEII$
ATTN: NMCY $kLCX~L~
BOX &13016
NMtJ$ FL 34101°~016
R~ FEIff. MCE: 001230 ~00551
5T~Y(Y~? .OTICE O~ m~lLIC ~
State o~ IrLo~td~
Cc~ c~ CoLL~4~
Before t~ ~r~t~ ~tty,
~ ~ ~ tt~t~.
~ter ~ t~ ~t ~ftM
N~t ~ ~ur~N thtl ~tt~t for
~ttMtt~, tn tM Mid
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AD SP)¢E: 04.000 XHC)I
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Stature Of Afftont //~ / ~
,~, ,o ~ ~.,,,~ ~,o,. - ~,. ~ ~ o,/~'~ .-21
/
RESOLUTIOI~ NO. 97-__~60__
RELATING TO PETITION NUMBER V-97-13,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COU~;TY, 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 Board of the are~ hereby affected, has held a public hearing
after notice as in said regulations made and provided, and has considered
the advisability of a 2.39-foot after-the-fact variance from the required
side setback of 7.5 feet to 5.11 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 m~de 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 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:
The Petition V-97-13 filed by Dennis P. Cronin, Esquire of Bond,
Schoeneck & King, P.A., representing W. Franklin Ellis and Carol B.
Ellis, with respect to the property hereinafter described as:
Site 1, Block B, Pelican Bay Unit 4, as recorded in Plat Book
13, Pages 30-32, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 2.39-foot after-the-fact
variance from the required side setback of 7.5 feet to 5.11 feet as shown
on the attached plot plan, Exhibit "A", of the ~PUD" zoning district
wherein said property is located.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-13 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
? IMOTHY/L .~' HAff~OCK, Cha i rman
/
ApproVed ~.~m"~orm and Legal Sufficiency:
Marj~/rie M. Student
Assistant County Attorney
~'/ V-9';-13 P~-qOLUTIO~J
LAND SURVEY
SITE 2
FeY 15. 1~7
SITE 59
Cl
SITE I /
~.oo( ~ /
/
I
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',- /
/
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.
NOT[S:
FL~ Z~E '~ PANEL NO. 120~7 0381 E.
BAgS ~ BEA~NGS ~ST PRmERTY LINE N5790'54'W.
O-DEED, W=UEA~RED. C=CAL~LA~D
~=~N~R LINE, UE=UTILI~ [A~UENT
~-WA~R METER. P[=PO~ [~IPM[NT ,
COLLIER COUNTY FLORIDA
REQUF.~T FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To:. Ckrk to tie Board: Pleas~ place the following ~s a:
XXX Normal legal Advcrtiscn~nt I--] ~
(Display Adv., location, e~c.)
I:~tition No. (If non~, ~ brief ___,'~cfi_ 'ption): v-9?-IQ
IMJfioner: (Name & Add. ss): Kelly G. and B,mv A. Huff. 4393 1 i"' Ave.. SW. Naoles. Florida 34116
Nan~ & Address of any person(s) to be notified by Clerk's O~ce: (If mor~ space is needed, attach separate size)
lkaring before BCC X30( BZA . Other
~s) to be nsed: (Comple~ only ff imporlam):
~ Text: (Include legal ~ption & common location & Size: Pe~/tion No.. V-97-10. Kelly B. and Benv A. Hnff.
~nt a 10 fool ~ inch va~_s__,~e from l.he required ~0 foo~ side set _b~___ to 19 foot 7 i~ for mooertv located at 4393
Av~nue~ S.W.. further described as the E_~_. 180' ofTract 53. Golden Oate_~_~es. Unit 26. in Seaion 15. Townshiu 49 :Soulh.
Eante 26 East. Collie' County. Florida.
! 13-138323-649l 10
P'O, o o 55 /
//-
Division Henri Dale County Mannger Dam
Lisf Attachments:
DISTR[BUTION INSTRI~(;~TIONS
For hearings before BCC or BZ.A: Initiating person to complete one coy and obtain Division Head approval before
mbmJttJng to County Manager. Note: If Je~al document Is involved, be sure that any necessary legal review, or request
for nme, Is submitted to County Attorney before tubmitting to County Manager. The Manager's office will distribute
[] County Manager agenda file: to
Clerk's Office
[] Requesting Division
[] Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
fOR CLERK'S OFFICE USE ON/~y:
Date ~: ///~'
/
Dale of Public hearing:
s,34e64
TOTAL. I~PGS ~
November 4, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition V-97-10
Dear Judi:
Please advert!.se the above referenced notice one time on Sunday,
November 23, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
P.O. No. 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, DECEMBER 9,
1997, 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
V-97-10, Kelly B. and Betty A. Huff, requesting a 10 foot 5 inch
variance from the required 30 foot side setback to 19 foot 7 inches for
property located at 4393 llth Avenue, S.W., further described as the
East 180' of Tract 53, Golden Gate Estates, Unit 26, in Section 15,
Township 49 South, Range 26 East, as recorded in Plat Book 7, Pages
15-16, of the Public Records of Collier County, Florida.
Ail 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 incluoes the testimony and evidence upon which the appeal is to
be based.
BOARD OF 2OUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, CHAIRMAN
DWIGHT E BROCK, CLERK
By: /s/Sue Barbiretti,
Deputy Clerk
(SEAL)
13A
November 5, 1997
Kelly G. and Betty A. Huff
4393 llth Avenue S.W.
Naples, FL 34116
Re: Notice of Public Hearing to consider a Petition V-97-10
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, December 9, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely.
Sue Barkiretti, Deputy Clerk
Encl.
RESOLUTION NO. 97-
RELATING TO PETITION NUMBER V-97-10,
FOR A VARIANCE 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 Board 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 a lO-foot 5 inch variance from the required 30 foot
side yard setback to 19 feet 7 inches as shown on the attached plot
plan, Exhibit "A", in an "E" Estates 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 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:
The Petition V-97-10 filed by Kelly B. and Betty A. Huff, with
respect to the property hereinafter described as:
The East 180' of Tract 53, Golden Gate Estates, Unit No.
26, as recorded in Plat Book 7, Pages 15-16, of the Public
Records of Collier County, Florida.
be and the same hereby is approved for a 10-foot 5 inch variance from the
required 30 foot side yard setback feet to 19 feet 7 inches as shown on
the attached plot plan, Exhibit "A", of the "E" Estates zoning district
wherein said property is located, subject to the following conditions:
The variance is only for the 10 foot 5 inch side yard
encroachment as depicted on the attached plot plan.
BE IT RESOLVED that this Resolution relating to Petition Nun~er
V-97-10 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
Marjo~le M.
Assistant County Attorney
~/ v-9*~-~o
· ¥.
N
EXHIBIT "A"
Aff Idr/tt of
13A
BOARO OF CI~JI(TY COP~Z$$IC~dER$
ATTN: NANCY SACC~J~
PO BOX &1~)16
NAPCES FL 3~10~-3016
REFERENCE: OCYI~O 800551
5~597~8 NOTZCE OF P~ql~tC HF.A
State of
Cou'~t y ot'
Before the unc~rsigned ~utt)ortty,
~r~ a. L~,
htty ~, a ~$ty ~r ~ti~ at ~L~,
~r ~ ~tls
~ ~t ~ret~ore ~ ~t?~tLy
~Lt~ $fl .id ~LtSer C~ty, FL~,
mtt~ It t~ ~t offtce tfl
~[[ter Cuty, FL~t~, f~ I ~t~ of 1 ~r
~xt prec~t~
attl~ ~ of ~erttt~t; ~ Ifft~t
furt~r ~1 t~t lhe ~1 ~tt~r ~td ~r
p~ti~ ~y ~r~, firm or ~rltt~
dtl~t, r~te, ~lit~ ~ rlf~ f~ the
~r~te of lecur$~ thai ~ertil~t for
PUBLISHED c~: 11/23
AD SPACE: 63.000 INCH
FZLED 0~: 11/24/97
)uY CC,~eTTt EXPIRES
//
RESOLUTION NO. 97-_~
RELATING TO PETITION NUMBER V-97-10,
FOR A VARIANCE 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 Board 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 a 10-foot 5 inch variance from the required 30 foot
side yard setback to 19 feet 7 inches as shown on the attached plot
plan, Exhibit "A", in an "E" Estates 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 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:
The Petition V-97-10 filed by Kelly B. and Betty A. Huff, with
respect to the property hereinafter described as:
The East 180' of Tract 53, Golden Gate Estates, Unit No.
26, as recorded in Plat Book 7, Pages 15-16, of the Public
Records of Collier County, Florida.
be and the same hereby is approved for a 10-foot 5 inch variance from the
required 30 foot side yard setback feet to 19 feet 7 inches as shown on
the attached plot plan, Exhibit "A", of the "E" Estates zoning district
wherein said property is located, subject to the following conditions:
The variance is only for the 10 foot 5 inch side yard
encroachment as depicted on the attached plot plan.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-10 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
ATTEST :." ~
DWIGMT..' E. BROCKS' C'~rk
BOARD OF ZONING APPEALS
COLLIER COUNTY, F,.LOFA
- U '~"-.~.0-'-"' ~.~,1 "I']~O?HY/~.-HANCOCK, Chairman
Approve~ a~!~t~%'Form and Legal Sufficiency:
MarJo~Ae M. Student
Assistant County Attorney
f/ V-97-10 ~ZSOLUT~ON
-2-
13A- ~.
EXHIBIT "A"
XXX Normal Icg, al Advertisement [] C~her:
(Display Adv., location, c~c.)
Ori$inating Dep~ Div: Comm. D~.Scr~.~lanni ng
Petition No. {Il'none, give brief description): V-97-12
Petitiont~. (Name& Addrc~.): ~acT~I Count~Dav School. 7100 Davis Bgulcvard. Na~les. FL34104
Name & Address of any person(s) to bc notLqcd by Clerk's C)ffic~: O/more space is ___~',,~__~ atlach separate shccO Alfred W.
Fr~-t,ch- Alfred French & Associates. Inc.. 649 5a' Av~.. So.. Suite 211. Na~les. FL 34102
Based on advertisement appem-ing 15 days b~fore hearing,.
Ncwspa~s) Io be used: (Complete only if important):
~ [] ~ly P.~.ired
' XXX Naples Daily News C~r
Proposed T~ct: (Include legal description & common location & Size: ?Clilion No. V-97-12. Alfred W. French of Alfred French &
Associates. Inc.. R'orescnting Se. acrc~ Cg~ntrr' Day School. rcauesling a 6 f99{ ~riance from the 30 foot maximum beieht allow~
in It~ 'E' Estates zoning dislric't to 36 feel. for oroocnv lgcaled ~ 9,{'County Barn Ro~d on Davis Boulcward eS.IL 8~1. in Section
8. Townshio 50 South. Range 26 Easl.
Companion petition(s), iran)' & proposed hearing cL~tc:
Docs Petition Fee include advcn, ising cost? [] Yes [] No If Yes, ss'hat account should be charged for advcrlising costs:
113-138323-649110
Reviewed by: j Approved I~':
Division Head I~ate Count' Manager Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
For hearings before BCC or BZA: Initiating per,on to complete one coy and obtain Division tlead approval before
lubmltting to County Manager. Note: If legal document is invoh'ed, be sure that any necessar)' legal rtwlew, or reque~
for lame, Is $ubmitted to Count) Attorney before submitting to County Manager. The Manager's office will distribute
copies:
[] County Manager agenda file: to
Clerk's Office
[] Requesting Division
[] Original
B. Other hearings: Initiating Division head to approve and submil original to Clerk's Office. retaining a co~' for file.
Date Received: io t'5 b' Date of Public hcanng: I 7.. cl Date Advcrtiscd: }1 ~ '~
9 ,,/-qT-/ 2_..
421 1~}-2'8 1T:12 1~'~'41 904 414 cJ~24 Ok: 1
422 l~--L:~ 1T:14 ~1'19 ~ 414 ~4
4~ 1~ 16:~ ~81'59 :9~ ~ 3 .... 11
4~ 1~ 16:~ ~ ~1'5T ,9~ ~ 3 ~1~
4~ 1~ 16:51 ~1'~ 9~
TOT~
5:
October 31, 1997
Ms. Judith Flanagan
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Notice of Public Hearing to consider Petition V-97-12
Dear Judi:
Please advertise the above referenced notice one time on Sunday,
November 23, 1997 and send the Affidavit of Publication, in duplicate,
together with charges involved to this office.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
P.O. No. 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, DECEMBER 9,
1997, 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
V-97-12, Alfred W. French of Alfred French & Associates, Inc.,
representing Seacrest Country Day School, requesting a 6 foot variance
from the 30 foot maximum height allowed in the "E" Estates zoning
district to 36 feet, for property located east of County Barn Road on
Davis Boulevard (S.R. 84), in Section 8, 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 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/Sue Barbiretti,
Deputy Clerk
(SEAL)
October 31, 1997
Seacrest Country Day School
7100 Davis Boulevard
Naples, FL 34104
Re: Notice of Public Hearing to consider a Petition V-97-12
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, December 9, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Alfred W. French
5
October 31, 1997
Alfred W. French
Alfred French & Associates, Inc.
649 5th Avenue South, Suite 211
Naples, FL 34102
Re: Notice of Public Hearing to consider a Petition V-97-12
Dear Petitioner:
Please be advised that the above referenced petition will be considered
by the Board of County Commissioners on Tuesday, December 9, 1997 as
indicated on the enclosed notice. The legal notice pertaining to this
petition will be published in the Naples Daily News on Sunday, November
23, 1997.
You are invited to attend this public hearing.
Sincerely,
Sue Barbiretti, Deputy Clerk
Encl.
cc: Seacrest Country Day School
RESOLUTION NO. 97-
RELATING TO PETITION NUMBER V-97-12,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
13A
5
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 Board 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 a 6-foot variance from the required 30 foot maximLun
height allowed to 36 ~eet as shown on the attached plot plan, Exhibit
"A", in an "E" Estates 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 be
heard by this Board in public meeting assembled, and the Board having
considered al! matters presented;
NOW THErEfORE BE IT RESOLVED BY iHE BOARD OF ZONING APPEALS of
Collier County, Florica, that:
The Petition V-97-12 filed by Alfred W. French, of Alfred French &
Associates, Inc., representing Seacrest Country Day School, with respect
to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 6-foot variance from the
required 30 foot maximum height to 36 feet as shown on the attached plot
5
plan, E×hibit "A", of the "E" Estates zoning district wherein said
property is located, subject to the following conditions:
1. The 6 foot height variance is only for the structure
depicted on the attached plot plan.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-12 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
ATTEST:
~NIGHT E. BROCK, C~erk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
Mar~rie M. Student
Assistant County Attorney
~/v-9~-22 ~so~
§
5
or-qcP. IDTIOt',I
'T~E EAST hALF OF THE WEST HALF OF THE NORTHV~ST OUARTEP OF
NORTHEAST OjARTER OF S[CTION 8. TOV~SHIP 50 SOUTH. RANGE 26
CO~L:ER COUNTY. r,
. _C~ DA LESS THE NORTH 75.00 FEET ~EREOF FOR ·
ROADWAY. 3~;NG ~ORE ~ARTICU~ARLY C'ESCRIBED 4S FOLLOW:
CO~VENCE AT ~E NORTHEAST CORNER OF SECTION 8, TO~SHI~ 50 S~jT~
~AD;SE 26 EAS~ COLLIER COUNTY, FLORIDA, THE SA~E BEING A POINT
~HE CENTERL~NF OF DAVIS BOULEVARD, A ~0.00 FOOT RIGHT-OF-WAY; "~
-H~CE RUN ~. 89'56'07" E., ALONG THE NORTH LINE OF ~E NOR~ST
;U:~T~R OF SAID SECTION B, FOR A D~STANCE OF 2~57.74 FEET TO tHE
NO;tw ;;*~TER CORNE~ OF SA~D S~C3ON 8; THENC~ RUN N.
= "~'-'" =u~ '~ORTH L~NE CF THE ~;OR~EAST QUARTER OF SA~D
~ ~'~S ~LONS $A,D C~N~RUNE. FOR A DISTANCE OF 332.02 FEET TO A
;O:NT CN THE N~ST LINE OF ~E EAST HALF OF THE Y~ST HALF OF THE
NORTW~ST OUAR~R OF T~E NOR~EAST QUAR~R OF SAiD SECTION
-~ENCE ~UN E. 00'47'36" r ALONG SAID '~ST LINE. FOR A DISTANCE
~ ~- ~ -"
~ 7 ...... ~ TO A POINT 75.03 FEET 50UTH OF A5 ~EASURED AT
ANGLES TO THE NORTH UNE OF ~E NORTHEAST QUAR~R OF SAID SECTION
8. SA'.D POINT *LSO BEING THE POINT 0F ~EGINNING OF ~E PARCF'
OF _:ND "ERE',N DESCR)BED: rHE~CE CONTINUE S. 00'47'36" E., A~NG
;.~., ~0~ A ~I~TANCE CF !282.91 F~ET TO A POINT ON
SDjT~ _,~[ OF T~ NORTM~ET CUA~TER OF TH~ I'IORT~EAET QUA~TE~
~"~ ~Eg=~CN ~: -WENC[ RUN 5. ~9'~9'0C' E., ALCNG 5AID 50UT~
-'~E. rC~ $ ;,:~T~NC~ CF 332.73 FE~T TO A ~OINT ON THE EAST
.... 2~CT:O~ ~ -~[,.~ -. - ~' ....
~'~9'2~* ,~'., ~_~6 SAID EAST
r.~; : - ST.~,C~ ~r '2~t ~ -EE7 TO : ~O~T LY~G 75.C0 FEET SOuT- Cr
'" ~RT~: SF S;t3 SECT:OR ~: T~ENCE RUN S. ~9'53'5~" W., ~A~A{~
~"- ~;' ',C~T; .'NE. :TN A ;;STANC~ OF 332.96 F~, TO THE
EXt41BIT 'B'
13A 5
Nap[et Datty N~$
~mptes, Fi. 33940
Affidavit of PubLtgtton
Naples Daily
EOARD OF COUNTY COI~HI$SIOHERS
AT~t: NANCY SALOGU~
PO BOX &1~016
NAPLES FL ~101-3016
REFERENCE: 0012~0 800551
5T597'725 NOTICE OF PUI3LZC NEA
Stmte of FLorida
County of CoLlter
Before tl~ ~erst~ned ~thority, permlLy
mpl~emr~ B. l-~'~, ~ ~ ~th says t~t m~ merve~
It th Atltlt~t Cor~rltl
Daily N~s, m ~tLy ~s~r ~l~z~ mt ~Les,
in Collier ~t~, FLori~: t~t
~ of t~ ~ertist~ ~ ~Lt~ tn ~td
~r ~ ~tes Lt~t~.
A~t~t ~urt~r says t~t the ~td ~Lea Daily
NM tm m ~r ~bLtm~ mt ~L~, tn ~td
CoLkter C~ty, Ftortdm,
~tter at the ~t office tn ~Les, tn said
Collier C~ty, FLort~, for a ~rt~ of 1 y~r
~xt prec~t~ the first ~L~t~ of the
attac~ ~ of ~srtts~t; ~ affi~t
further ~ys t~t she
p~ts~ ~ ~r~, fire or ~rati~
dtl~t, r~te, ~11t~ or ref~ for t~
~se of s~ri~ this ~ertts~t for
~Li~tt~ in the ~d
PUBLISXED 0~: 11/23
AD SPACE: 62.000 INCH
FILED Off:
II
RESOLUTION NO. 97-~
RELATING TO PETITION NUMBER V-97-12,
FOR A VARIANCE 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 Board 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 a 6-foot variance from the required 30 foot maximum
height allowed to 36 feet as shown on the attached plot plan, Exhibit
"A", in an "E" Estates 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 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:
The Petition V-97-12 filed by Alfred W. French, of Alfred French &
Associates, Inc., representing Seacrest Country Day School, with respect
to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 6-foot variance from the
required 30 foot maximum height to 36 feet as shown on the attached plot
plan, Exhibit "A", of the "E" Estates zoning district wherein said
property is located, subject to the following conditions:
The 6 foot height variance is only for the structure
depicted on the attached plot plan.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-12 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
day of ~~ , 1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA.
Approved a~ ~'o Form and Legal Sufficiency:
Mar~rie M. Student
Assistant County Attorney
~/ V-97-12 '~ESOLUTION
EXHIBIT "A"
I BQAJ _qC IDTION
-~; £AST ~,ALF Or THE WEST HALr OF T~E iNORTH~ST GbAr~TE~. OF
NORTPEAST QSARTER OF SECTION 8, TOWNSHIR 50 SOUTM, ~ANGE 26
COLL;E~ COUNTY, ~LO~D~, LESS THE NORTH 75.0C -E-T T~E~OF FO~
ROADWAY, BESNG ~ORE ~ARTICULARLY DESCRIBED $S ~"'~'
COMMENCE AT ~E NORTH~ST CORNER OF SECTION 8, TO~S~ 50
~ANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINTS~
THE CENTERLIN~OF DAVIS BOULEVARD, A 150.00 FOOT RIGHT-OF-WAY;
TWENCE RUN N. 89'56'07" ~., ALONG THE NORTH LINE OF THE NOR~ST
QUARTER OF SAID SECTION 8, FOR A D~STANC~ OF 2657.74 FEET TO THE
NC;TM ~A~T~R CORNE~ OF SA:D SEC~ON 8; THENC~ RUN N. ~9'53'54"
z ;LONG T~F NORTH "NE OF ~ '~
........ H_ NOR~EAST QUARTER OF SA~D SECTION
8 ~ND ~LONG SA~D CEN~RL',NE, FOR A DISTANCE OF 352.02 FEET ~O A
~OINT ON THE I~ST LINE OK ~E EAST HALF OF THE ~ST HALF OF
NOR~ST QUAR~R OK THE NORTHEAST QUAR~R OF SAID SECTION 8;
THENCE RUN S. 00'47'36" E.. ALONG SAID '~ST LINE, FOR A DISTANCE
OF 75. C: FEET TO A POINT 75.00 FEET SOU~ OF AS MEASURED AT RIGHT
ANGLES TO THE NOR~ LINE OF ~E NORTHEAST QUAR~R O~ SAID SECTION
8, SAID mOINT ALSO BEING THE ~.INT OF 8EGINNI~ OF ~E PARCEL
DY .AND HEREIN DESCRIBED: ~ENCE CONTINUE S. 00'47'56" E., ALONG
SAiD WEST L'.NE, ~OR A DISTANCE OF 1282.gl FEET TO A POINT ON THE
SOOT~ z,NE OF z~ NORTH~ST QUARTER OF -"~
_ '- ~m_ NORTHEAST QUARTER OF
3.~'D S:CT~ON 8; THENCE RUN S. 89'49'00" E., ALONG SAID SOUTH
JNE, FOR ~ D:ST:NCE OF 332.73 FEET TO A POINT ON THE EAST L:NE OF
'~E wEST ~"-
~=~ 'DF THE NOR~ST QUARTER O~ THE NORTHEAST QUAR~
Z&.D SECTION ~: THENCE ~UN N. 00'~9'29" ~'., A_ONG SAID EAST LINE,
FO~ A D:S;.ANCE O: '2B4.~7 FEET. TO A POINT LY:NG 75.00 FEET SOUT~
AS ~JE.ASU~ED ~T RIGH~ ANGLES TO THE NORTH L~NE OF THE NORTHEAST
~,ARTE= OF SAID SECTION ~; TMENCE RUN S. B9'53'5~" W., RARALLEL
W,T- SA:2 NORTW ,:NE. FOR A DISTANCE OF 532.96 FEET TO THE ~O]N
~:~'~,,~, 2ONTAiNING 9 79 ACRES MORE OR LESS.
[--XFIIBIT 'B'
RESOLUTION NO. 97- 451
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN STELLA MARLS, RELEASE
OF THE MAINTENANCE SECURITY, AND
ACCEPTING THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida. on
November 7, 1995. approved the plat of Stella Marls for recording; and
WHEREAS. the developer has constructed and maintained the roadway, drainage,
water and sewer improvements in accordance with the approved plans and specifications
and as required by the Land Development Code (Collier County Ordinance No. 91-102,
as amended); and the Utilities Standards and Procedures Ordinance (Collier County
Ordinance No. 97-17, and
WHEREAS, the developer has now requested final acceptance of the roadway,
drainage, water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services
Department has inspected the roadway, drainage, water and sewer improvements and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be
granted for those roadway, drainage, water and sewer improvements in Stella Maris, and
authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for the roadway, drainage, water and sewer
improvements that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote favoring same.
,,.'..."- ~ ~'.- ..~)~:" - -I
App~ved ~ to fo~ ~d legal
su~cicncy:
H~di F. Ashton
Assist~t Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Y:-r'i oTHv/L
DEVELOPER CONTRIBUTION AGREEMENT
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the
"Agreement") is made and entered into by and between COLLIER COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "County') whose mailing
address is 3301 Tamiami Trail East, Administration Building, Naples, Florida 34112, and
CENTEX HOMES, a Nevada general partnership, its successors and assigns (hereinafter
referred to as "Developer") whose mailing address is 6702 Lone Oak Boulevard. Naples,
Florida 34109, and Centex Development Company, L.P. {hereinafter referred to as 'CDC')
whose mailing address is 151 Southhall Lane, Suite 230, Maitland, Florida 32751.
WHEREAS. the future four-laning of Goodlette-Frank Road from ~ ~ Road
to Vanderbilt Beach Road is listed as C.I.E. Project No. 65 uoder the Trar~portati~
Element of the County's Comprehensive Plan. Goodlette-Frank Road, C.I.E. 65, is ~
the current Five Year Work Program and, from a permitting am:l cost ~
perspective, it is prudent and in the interest of the public fo~ staff to k'~tiate a~l coml~e
the construction of storm drainage outfalls from Goodtette-Frer~k Road advac~c~ of the
roadway construction from Pine Ridge Road to Vanderbilt Beach Road.
WHEREAS, Ordinance No. 95-8, the Three-Hundred Acre Goodlette Planned Unit
Development, was approved by the Board of County Commissior~$ on February 28,
1995; and
WHEREAS, Developer and CDC, collectively, are the Owners (herein so called} the
owner of the property described in Exhibit "A", which is attached hereto and made a part
hereof, (hereinafter referred to as the "Property"); and
WHEREAS, Ordinance No. 95-8 requires that the Owners shall grant an easement
associated with the improvements to Goodlette-Frank Road across the Owner's property
for the purpose of conveying and pre-treating storm water runoff from the C.I.E. Project
65; and
WHEREAS, Owners shall receive Road Impact Fee Credits pursuant to Ordinance
No. 92-22, as amended, for constructing the storm water outfalls; and
WHEREAS, it has been determined that THREE HUNDRED FORTY-THREE
THOUSAND, EIGHT HUNDRED EIGHTY-THREE AND 42/100 (343,883.42) DOLLARS, is
the certified cost estimate prepared by Wilson, Miller, Barton & Peek, Inc., the Developer's
Engineer (Exhibit B), for the Developer to construct the storm drainage outfalls from
Goodlette-Frank Road through the project to the east property line and the Developer's
ultimate outfall to the Gordon River drainage basin; and
WHEREAS, all parties to this Agreement acknowledge that the Road Impact Fee
Credits established under this Agreement shall run with the property, and shall be reduced
by the amount of the Road Impact Fee due for each building permit issued thereon, until
all such Credit has been exhausted, or until all development upon the Property has been
completed; and
WHEREAS, all parties to this Agreement acknowledge Road Impact Fee Credits
shall be a credit only against Road Impact Fees, and that such Credits shall not offset,
diminish or reduce any other charges, fees or other impact fees for which Developer is
responsible in connection with the development of the Property; and
WHEREAS, such proposed plan is in conformity with contemplated improvements
and additions to the transportation network; and
WHEREAS, such proposed plan, viewed in conjunction with other existing or
proposed plans, will not adversely impact the cash flow or liquidity of any Road Impact
Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing
and
2
WHEREAS, such proposed plan, viewed in conjunction with other existing or
proposed plans, will not create a detrimental imbalance between the arterial and collector
roadways; and
WHEREAS, the proposed plan is consistent with the public interest; and
WHEREAS, all parties to this Agreement acknowledge .that the failure of this
Agreement to address any permit, condition term or restriction, shall not relieve any party,
or their successors, of the necessity of complying with any law, ordinance, rule or
regulation governing said permitting requirements, conditions, terms or restrictions; and
WHEREAS, all parties to this Agreement acknowledge that the burdens and benefits
of this Agreement shall be binding upon and shall inure to the successors in interest to the
parties to this Agreement; and
WHEREAS, all parties to this Agreement acknowledge that this Agreement is not
to be construed as a development agreement under the Florida Local Government
Development Agreement Act.
WHEREAS, Developer and CDC have entered into an agreement wherein Developer
has agreed to buy, and CDC has agreed to sell, the portion of the Property owned by
CDC, which shall be conveyed to Developer; and
WHEREAS, it is the intention and agreement of CDC and Developer that Developer
shall be primarily responsible for construction of the storm drainage outfalls herein
described, and, provided that Developer constructs such storm drainage outfalls in
compliance with this agreement, the Road Impact Fee Credits herein described shall inure
to the exclusive use and benefit of Developer, even if a portion of such storm drainage
outfall structures are constructed upon portions of the Property owned by CDC,
WITNESSETH:
NOW, THEREFORE, for and in consideration of the premises and respective
undertaking of the parties hereinafter set forth and the sum of TEN {$10.00) DOLLARS,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
mutually acknowledged, it is agreed by and between the parties as follows:
The above recitals are true and correct and are herewith incorporated as a
part of this Agreement.
The Developer shall complete the construction of the storm drainage outfalls
from Goodlette-Frank Road to the Gordon River drainage basin on or before
October 1, 2000, unless such date is mutually extended, in writing, by both
parties. In the event the Developer's facilities are not completed by that
date, it shall be the responsibility of the Developer to construct a suitable
drainage outfall without any additional cost to the County, Unless the date
described above is extended in writing, then any construction after
October 1, 2000, shall not be entitled to road impact fee credits. Partial
construction of any one of the three drainage areas will also not be entitled
to a road impact fee credit. Developer agrees to grant drainage easements
necessary for the storm drainage outfall construction, in accordance with
the platting requirements of Collier County.
In exchange for the storm drainage outfall construction as noted above,
the developer shall be entitled to a Road Impact Fee Credit for the total
value of the improvements, which shall not exceed $343,883.42. The total
value of the improvements will be divided into three (3) drainage areas
hereby labeled G-l, G-2 and G-3, corresponding with and as further
described in the Engineer's Estimate labeled Exhibit B-Page 1 of 2 and the
schematic drawing labeled Exhibit B-Page 2 of 2. G-1 is further described
by stationing points based on the center line of Orange Blossom Road as
Station //38+20 through #57+20 and drainage area G-2 is further
16B
described as Station #20+10 through //38+20. Drainage area G-3 is
further described as Station #0 + 50 through //20 + 10. The parties agree
that the amounts associated with each area shall be made available as
Transportation Impact Fee Credits to Developer upon the cor. lpletion of the
storm drainage outfalls of each of those specific drainage areas. The three
(3) drainage areas are hereby estimated to be valued as follows:
G-1 = $140,045.89
G-2 = $100,257.92
G-3 = $103,579,61
These amounts will be available upon the certification of construction of
each drainage area, and the receipt by the County of the total value of the
improvements, certified by a professional engineer, registered in the State
of Florida, as being true and correct. Notwithstanding any of the above, the
aggregate total cost of improvements of the three (3) drainage areas for
which impact fee credits are available shall not exceed $343,883.42.
Developer shall retain adequate records and supporting documentation
which concern or reflect total project cost of the improvements to be
contributed. This information shall be available to the County, or its duly
authorized agent or representative, for audit, inspection or copying, for a
minimum of five (5) years from the termination of this Agreement.
Effective as outlined above, until development of the Property is completed,
or until the balance of the Road Impact Fee Credit has been reduced to zero
(0) the County shall apply portions of the road Impact Fee credit toward the
Road Impact Fees which the Developer is required to pay for each building
permit which is applied for on the Property, reducing the balance of the
Road Impact Fee Credit by the same amount due for each building permit so
issued.
County shall provide Developer with a certified copy of this Agreement,
including all exhibits attached hereto, such that Developer's certified copy
of Exhibit C (Road Impact Fee Credit Ledger), shall serve as the ledger sheet
to document Developer's balance of Road Impact Fee Credits.
With each building permit issued on the Property, the County shall subtract
from the Road Impact Fee Credit balance the amount of Road Impact Fees
appropriate to that particular permit and shall enter the new balance in the
ledger column labeled Impact Fee Credit Balance. Next to this new credit
balance, both the County Official issuing the building permit and the
Developer's Representative applying for the building permit shall print and
sign their names.
Developer acknowledges that the donations or contributions contemplated
under the Agreement shall be construed and characterized as work done and
property rights acquired by a highway or road agency for the improvement
of a road within the boundaries of a right-of-way.
County shall record this Agreement in the Public Records of Collier County,
Florida, within fourteen (14) days of its execution by the Chairman of the
Board of County Commissioners.
10.
Either party to this Agreement may file an action for injunctive relief in the
Circuit Court of Collier County, Florida, to enforce the terms and conditions
of this Agreement, said remedy being cumulative with any and all other
remedies available to the parties for enforcement of the Agreement.
11.
This Agreement may be amended or canceled only by the mutual consent
of the parties to the Agreement or by their successors in interest.
4
12.
13.
14.
This written Agreement, including all exhibits attached hereto, shall
constitute the entire agreement and understanding of the parties, and there
are no prior to contemporaneous written or oral agreements, understandings
promises, warranties or covenants not contained herein.
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all such counterparts together shall constitute but
one Agreement.
This Agreement is governed and construed in accordance with the laws of
the State of Florida.
15.
The parties acknowledge that Developer may transfer and assign Road
Impact Fee Credits to any other project of Developer or a related entity for
any building permit with respect to any property located from time to time
within Road Impact Fee District No. 1.
16.
Developer hereby covenants and agrees to indemnify CDC from and against
any and all costs and expenses of every character arising from, or incidental
to, the performance of this agreement, including, without limitation, all costs
of construction of the storm drainage outfall structures, and CDC hereby
conditionally assigns all of its right, title and interest, in and to, any and all
Road Impact Fee Credits arising from the performance of this agreement by
Developer. Notwithstanding the foregoing, CDC shall retain all right, title
and interest in all Road Impact Fee Credits arising from CDC's performance
of this agreement in the event of Developer's default.
17.
The County acknowledges that although the rights and obligations herein
described shall run with and burden the Property, and shall be enforceable
against Developer or CDC or their successors or assigns, the exclusive right
to receive credit for the Road Impact Fee Credits herein established, shall be
a personal right of the entity whose funds pay for construction of the storm
drainage outfall structures, and, if more than one entity constructs a portion
of the storm drainage outfall structures, the County will award Road Impact
Fee Credits to each entity so i~erforming in the amounts expended by such
entities for construction. No successor in title to any portion of the Property
who does not pay for construction of a portion of the storm drainage out"fall
structures shall be entitled to exercise the right to any Road Impact Fee
Credits unless such rights are duly assigned to such successor in title by a
party entitled to exercise the same. Notwithstanding the foregoing, the
County shall not award Road Impact Fee Credits exceeding the amount set
forth herein in the aggregate.
IN WITNESS WHEREOF, the County and the Owners have caused this Agreement
to be signed on the day and year first written above.
ATTEST: . ~:
~DWIGHT 1~. BROCKs-Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: T'II~OTI~IY//~'~'~N~:6CK' Chairman
16B 3
AS TO DEVELOPER:
DATE:
rint or Type) .
~..~ ~s ~.~{ Si~na~ u re )
(Print or Type)
t~'f. tneas' (SJ. gnature)' '~
(Print or Type)
Witness (Signature) /
Name: ~")/~-~t ;n, m~r,'
(Print or Type)
Approved as to form and legal sufficiency:
I~ei~li'F: Ashtoh: Assistant County Attorney
CENTEX HOMES
a Nevada general partnership
By: Centex Real Estate Corporation
a Nevada Corporation
By: ~-
TIMOTHY J~. RUEMLER
Division President
CENTEX DEVELOPMENT COMPANY, L.P.
a Delaware limited partnership
3333 De~velol;~ent/~orporation
Attorney in Fact
.'WILSON, MILLER, BAKTON &. PEEK., INC.
En~ine~m Planncn, Surveyors, ~nd;c=pe A~h~ ~tonment~
Exhibit A
Des:r~pflon of pa~ of S~o~ 3 and I0:
(O~R~LL ~UT0~N WOODS)
All that part of Sections 3 and 10, Township 49 South, Range 25 Fas;, Collier County, Florida
and being more particularly described as follows;
BEGINNING at the northeast corner of said Section I0;
thence along the east line of said Section I0, South 00'33'58" East 2629.71 fect to the
east II4 terror of said Section I0;
thence continue along said east line, South 00'46'24" Fast 239.12
thence leaving said line, .%u~ $9'29'$?' West 12221.40 feet to a p:,lnt on the easterly
right-~f-vay line of Frank ]Boulevard (C-851) recorded in Plat Book I3, p=ge 58, Public
P,~.ords of Collier County, Florida:
thence along said lln~, North 0?°06, 13" East 5666.85 feet :o,~. point on the ~outherl¥ line
of Orange Blossom Drive, recorded in Official Record ]Book I314, p.~ge 1766 through
1774, Collier County, FI,)rida;
thence along said llne in ~.M following four (4) described courses;
I) cast~rly and nertheasterly 638.79 feec along the ar~ of a non-tangential circular
curve concave ;o the northwest, having a radius of 610.00 feet, t~trough a central
angle of 60'00'00" and being subtended by a chord which bears North 67°06'13'
Fast 610.00 feet to a point of reverse curvature;
2) northeasterly and easterly 660.69 feet along the arc of a circular curve concave
to the south, havtnll a radius of 565.00 feet, through, a central angle of 67°00'00'
and being subtended by a chord which bears North 70°36'13" East 623.69 feet
to a point of reverse curvature;
3) easterly 181.59 feet along the arc of a circular curve concave to the north, having
a radius of 721.55 feet, through a central angle of 14 °25'10" and being subtended
by a chord which bears South 83'06'22" East 181.11 feet;
4) along a tangential line, Horth 89°41'03' East 89.47 feet to a point on the east line
of said Section 3;
thence along said line, South 01018'10" East 3159.29 feet to the Point of Beginning of
the parcel herein described;
containing 245.22 acres more'or less;
subject to casements and restrictions of record;
bearings are based on thc east line of Section 3, being South 01 "18'10" East.
WILSON, MILLER, BARTON & PEEK, INC.
l~larcus L. Berman, P.L.$. #5086
Not valid unless embossed with the Professional's seal.
W.O. 33786
Ref: 40-1035 sheet 3 of 3 (MB:kid)
Date: September 19, 1994
Page
i of 3
·
En~!ncers, Planners, Swr,~ya~l, L. andecspe Architects A ~n~entel ~lt~
EXHIBIT A
LESS
being a p~ of Scct[on 10, To~s~p.49 Sout~ ~n~o 25 ~t,
(CHURCH PANEL)
~1 thet pt~ of S~ion I0, To~s~p 4g Sou(~
more p~i~l~y d~ =s follo~:
~dn8 it ~o no~t ~mer of said S~tion 10;
th~ ~on8 ~e ~st l~ne o~sald Section 10, ~outh
~m~ o~d S~ion 10;
th~ ~ntlnue along t~e ~st ]Tne o~said
th~ l~ng t~e ~st fine o~ said $e~Ton
~h~ ~mg ~d ~edy ~gh~-~f. way
th~ I~ng ~d ~st~y ~ght~f-~y llnc South 82'~3'4~ ~ 513.~ f~;
· m~ Sou~ 07'~' 13" W~t 496, ] 4 ~;
th~ South 4~08']5" ~st 331.~ feet;
th~ South 20~5 ]'21" W~t 213.00 feet;
thcn~ South 07~'13'' West 24S.75 ~cct;
thence South 41'~9'30" ~st 374;00 feet to thc Poipt o~cgir~ng.
' Contal~ng ~.~ acr~ more or I~s.
Subj~ to ~sements ang rcst~citions o~rccord.
B~Hngs am b~ on thc east linc o~said Section 10, being South 00~33'58"
WILSON, IvfILLER, BARTON & PEEK, INC.
Registered F. mgdneers and Land Surveyors
Not valid unJcss cmbo.*scd vAth thc Professional's scM.
Ret.. 2G-444:LMT
W.O. 37619
Page 2 of 3
I!
II
II
II
II
II
Il
It
It
Il
04'00~1
Page 3 of 3
OR: 2370 PG: 0928
168
DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER
IMPORTANT: Th~ Roed Impect Fee ~ Lecky' M inte~led to clo~ument the bllance of Rold Impact Fee Cred~tt ep~dy~ng to
the foltowk~ DroperW: As described in Exhi~l A of lhie Agreement.
Beg~nni~ Balance: G-1 $140,046.89
G*2
~-3
Total: 1343,883,42
DATE I PERMIT NO. ROAD IMPACT IMPACT FEE CO. OFFICIAL DEVELOPER REPRESENTATIVE
FEES DUE CREDIT eALANCE
~e4-tgcJ'/ 12:4eP~ ~ Cente~
J,
I, Joel sowers, being first du!y Mom. depose .nd say that I am an Armmey~. n**Fact o.f
Centex Dovelopmerrr. Company, LP.. a Delaware UmJ~ed Parrnershlp, tho ~oklt owner of*the
prope~¥ dec--ecl hm~[fl. On behaff of the Centex Development Compeny, LP., Centex
Homes, u A$~ignea, end Its/~eflt, W~l~m~ Miller. Bar,on & Peek~ Inc.. are eL~rJ~ortzed to act
on our beha~' in obtaining a South Rodda Water Management Dlstttct Perm~ alor~ with othm
relru~d documents, to a. nd for ell agencle~ In regard to ~l~e subject property.
CENTEX DEVELOPMENT COMPANY. L.P.
A Delawm'e Limited Par'me, ship
ey: 3333 DEVELOPME~ CO.)RATION
General Penner // //
,,: _
Signature of I~o~o~, Pubflc
Prln~d Name of Not~ry Put~c
My Commi~e~ Expires:,
· 1
TOT~-,L P.[~
CERTIFIED CORPO~TE RE~O~IONS
I, [3c~ty Ncwman~ Assistant Sccrctazy of Ccntcx Real Estate Corporation, a corporation duly organized
and existing undcr the laws ofthe State of N~vada, do hcrc~.' c.~rti fy that ! have access to the records and minutes
of Ibc proceedings of th~ Board of Directors of said Corporation; that thc resolutions set forth in the ~
attach~ he. to, initialled each page lhcreof by thc Secretary or an Assistant Secretary of said Coqx~auon for
id~tification, and heyday made a pm hereof, w~re duly adopted by the Unanimous Writ~n Corneal of said
Board of Dinxtc~ as of November 15, i 988; that said r~olutions and the adoption rhea'eof are consistent with
the laws of said State, and with the Articles of Incorporation and the By-laws of said corporation; and that said
resolutions have not been revoked or amended and are now in full force and effect.
IN WITNESS WHEREOF, [ have hereunto set my hand and affixed the corporate seal of said
Corporation this 24th day of January, 1996.
COUNTY OF DALLAS
Cmtex Real Estate Coq:x~ation
On this 24th day of January, 1996, b~fom me, a Notary Public, personally appeared Betty Newman who
acknowledged that sh~ exccuted th~ above instrument
[SEAL]
Notapy Public in anc~ for State of TeR~s.
My commission expires: /0 - :2/- ~,
mmmm 16B 3
RESOLVED, that the Chairman oftl~ Board, th~ Pr~ident' any Exccuuve Vice President and any Vice
President of the Corporation shall have authority limited to matters relating to thc ordinary course of business
of the Corporati~; th~ Diviskm Presidents, Division Vice Presidents, Division Managers and Division
Controllers shall have m~hority limited to mattn~ rdating to the ordinaqt course of business ofthe respective
oaf.-ate ~ o/'which they ar= offm:~, and Pmjea Mmagnx shall have authority limited to matters relating
to tl~ ordinary, course of tnts'me~__s oftl~ Corporation relative to their projects; and fm'ther
RESOLVED, that the Ousimma of the Board, the President, any Executive Vice President and any Vice
Presidcm ofth~ C.<xpors~ are hereby each individually authorized on behalf of th~ Coqao~tion, with respe~
seal, (i) applications, tentative and final subdivision plats and maps, development agreements and all ot,~r
documents which are relevant or incident to the development of real profza~ in which, the Corpo~tion has any
~ Cu') centrac~ d~ds ofoonvcynnce and all oth~ documents ~vtdch are re, levant to the sale and closing of
the sale oflxxms to const~ers and ('th') all othcr documents necessary or appropriate to accomplish the p~
of this resolution; and further
RESOLVED, that th~ Division Presidents, Division Vice Presidents, Division Managers and Division
Controllers of each of the Corporation's divisions are each hear. by individually authorized on behalf of this
Corporation, with respect to operations of the Cot~rate division for which he or she is an officer, to execute and
deliver on befialf of this Corporation, in such cities, towns, villages, counties and states where such Corporate
division does business and has opea'afions, with or without a corporat~ seal, (i) applications, tentative and f'mal
subdivision plats and maps, developmtmt agreements and all oth~' documents which are relevant or incident to
the development of real property in which the Corporation has any interest, (ii) contracts, deeds of convc-'yance
and all other doctunmts which are relevant to the sale and closing of the sale of homes to consumers and (iii) nll
other documents nee. e~ary or appropriate to accomplish the purposes of this resolution; and further
RESOLVED, that the Project Maaagers of this Corporation are each heathy individually authorized on
behalf ofthis Cotpcgatio~ with~ to operations of the Corporation relative to the Project managed by such
Project Mana~, to e~uto and deJivu- on behalfof this Corporation, in such city, town, village, com~ or state
where such project is located, with or without a oorporate seal, (i) applications, tentative and £mal subdivision
d~..kpumt ofreal property in which th~ ~ has any interim, 0i) contracts, deeds of~ and
all other docummts which am rdevant to the sale and e. iosing of the sale of homes to consumers and (iii) all other
docamaent$ noe~___sm'y or appropriate to accomplish the pm'poses of this resolution.
C£RTIFICATE OF INCUMBENCY
!, Bctty Newman, herr. by certi£y that I am thc duly clected and incumbent Assistant Secretary of Centex
R. cal Estatc Corporation, a Nevada corporation. [ further certify that thc following individuals havc been duly
clcctcd to, and currendy hold, thc rcspcctivc offices m said corporation set forth opposite said individual's names.
Name Qffice
Tim Rucmler
President-Naples/Ft. Meyers Division
Michael S. Mcr.cod
Controller-Naples/Ft. Meyers Division and
Assistant Secr~at7
IN WITNESS WtIEREOF, I have hereunto set my hand and affixcd thc corporate seal of said
Corporation this 24th day of January, i 996.
STATE OF TEXAS
COUNTY OF DALLAS
On this 24th day of January, 1996, before me., a Notary Public, personally appeared Betty Newman who
aclmowlcdged that she executed the aSove inst~mt
Wota~ public in and for State of Text.
My commission cxpircs: /d, ' ~1 ' ~
CP~TII~HD CORPORAT~ RP~OLUTIONS
16B '5
!. Betty Ne,a~an, Assistant Sectctaty of Centex Real Estate Corporation, a corporation duly organized
and existing unda' the laws ofth~ State of N~Ma. do ban:by certify that I havc access to thc records and minutes
of~ procoed~gs of thc Board of Direetors of said Coqx~ation; that the resolutions set forth in the Exlu%it A
attached h~-cto, initialled each page thereof by the Secretary or an Assistant Secreou3, of said Corporatio~ for
~ and h~rcby made a part hereof, wexe duly adopted by the Unanimous Written Consent in Lieu of
Annual Meeting of said Board of Diteac~ as of]uly 21,199:5; that said resolutions sad the adoptio~ thereof are
consistent with the laws of said State., and with the Articles of Incorporation and the By-laws of said corporation;
and that said rc~oludons have not b4:x:n re-yoked or an~nded and are now in full force and effect.
IN WITNESS Wt{EREOF, I have hereunto set my hand and affixed the corporate seal of said
Coqxwation this 17th day of January, 1996.
Centex Real E~t~t~ Corporation
AME~ED AND RESTATED
PARTNERSHIP AGREEMENT
OF
CENTEX HOblX8
(formerly Vista P~rtnen)
THIS AMElqDED AND RESTA~ PARTNERSHIP AGREEMENT (the
"~ent") is entered by and among Vista Mortgage &'Realty, Inc., a Delawar~
corporation ("Vista Mortgage & Realty'), B~ D~elopment Corp., a Nevada
corporation C'Bra~wood Development'), Panoramic Land, Inc., a Nevada corporation
("Panoramic Dmd"), and Cen~ Real F. zt~ Corporation, a Nevada corporation (formerly
known az "Vista Prolmnics, Inc.") ("CREC").
WITNESSETH:
WHEREAS, as of September 21, 1993, V'~-ta Mortgage & Realty, Braewood
Development and Panoramic Land (collectively, the "lni~! Partners") entered into a
Partnership Agreement (the "Initial Partnership Agreement") providing for the formation
of the Partnership (as hereinafter defined) pursuant to the Nevada Act (as hereinafter
defined);
WHEREAS, prior to ~hc date hercof; each of thc Initial Panners has m~,~
certain contributions to the Partnership;
WHEREAS, conem'renfly with the execution and delivery hereof, each of
the Initial Parme~ md CREC (each. a 'Parim~ and, collectively, the "Parmers') are
exeoaiag certain Oemmd Imientm~ of Conveyamm, Trmsf~r and Asstgnmmt, dated as
of Stm~ 30, 1996 (lt~ "lmlmlmes"), putma~ to which the Pmaers ate conm~ to the
obligations ~ therein (collectively, ~i~ "Homdxildtng Liabilities'); and
WHERE,, tho parties hereto de~ro to amend and ~ tho Initial
Parinership Agreement in. its entirety in order to r~ect, among other things, (i) the
DAL02:i 11211.1
16B
contribution by the Partners of the Homebuilding Assets and the assumption by the
Parmcmhip o f the Homcbuilding Liabilities, (ii) the admission of CREC as a partner of the
Partacr~ip, (iii) thc appointment of CREC as the Managing Partner (as her~inafi~ defined)
of thc Pannemhip with full power and authority to operat~ and manage the business and
aft'aim of th~. Partnership, (iv) the change of the name of tho Parmership from "Vista
Parmem" to "Centex Homes" and (v) a chan~e in tho fiscal year of tho Partnership;
NOW THEREFORE, in consideration of the'~ tho terms and
provisions se~ forth he~-in, the mutual benefits to be derived from the performance thc-roof
and other g~d and valuable consideration, the r~r. elpt and sufficiency ofwhich ar~ hereby
acknowledged, the parties hereto agree as follows:
ARTICLE I
GENERAL
1.1 ~P_~il~shill. Subject to the provisions of this Agreement, the
Parmers hereby continue ~ Partnership as a general partnership pursuant to tho provisions
of the Nevada Unifoim 'Parmership Act, Chapter 87 of Title 7 of tho Nevada Revised
Statutes, as it may be amended from time to time, and any succe~__sor to such Act (the
"Nevada Act"). Except as expressly, provided herein, the fights and obligations of the
Partner~ and the admlnlz~tion and termination of the Pm'tner~hip zhall be governed by the
Ncvad-~ Act.
1.2 ~ The business of the Partnership shall be conducted under the
name 'Cen~-x Homes" or such other name or names as the Managing Partner shall from
time to time designate.
1.3 ~. Tho purpos~ and business of tho Partnership sb-II ~ to
ex,on of~ ~ P~p ~~t ~ ~is ~ (~ ~ ~ ~ ~), ~d
~ ~Mu~t ~y b~ or ~ ~ my ~ ~~ ~ a ~p o~
p~t ~ ~ N~ A~ My or ~ of ~ f~~ ~~ m~ ~ ~
d~y ~ ~ P~~p or ~y ~u~ ~ ~p, Jo~ ~ ~ ~
D,M.,02:III211.I -2'
168
1.4 ~,1;II1. The Partnership shall continuc in existence until the close of
Partnership business.on Sunc 30, 2024 or until the earlier termination of the Partnership in
accordance with the provisions of Section 5.1 of this Agreement.
1.5 ' ' '°
(a) Parmershin Offices. TI~ pfilgipal offioe of tho Parmership shall be
3333 Lee Paflcv~ay, Suite 1100, Dallas, Texas 75219, or such other place as the Managing
Partner may from time to time designate. The Partnership may main~in offices at such
other place or places as the Managing Partner deems advisable.
Co) Addresses of parmers. The address of each Parmer of the
Partnership shall be the address of such Partner as set forth onthe signature page hereof.
ARTICLE H
DEFINITIONS
The following definitions shall apply to the terms used in this Agreement,
unless otherwise clearly indicated to the contrary in this Agreement:
"Code" means the Internal Revenue Code of 1986, as amended and in effec~
from time to time.
"Nonrecoume Deductions" has the meaning set forth in Section
1.704-2Co)(I ) of the Regulations.
"Nonte(~ur~ Liability" hzz the meaning set forth in Section 1.704-2(bX3)
of the Regulations.
"Partner Nonrecour~ Debt" has the meaning set forth in Section
1.704-2(bX4) of t]~ l~gulatiomz.
"Pm'tn~ Nonte(x)ur~ Debt Minimum Oain" me,tm am amount, with ~
r~.uit ifstr, h patia~ Nom~our~e ~ ~ ~ ~ aH~
in acco~mce with Section 1.704-2(i)(3) of the Regulations.
-3-
DAL02:Ill21S.3
"Partner Nonrecourse Deductions" has the meaning set forth in Sections
1.704-2(i)( I ) and 1.704-2(i)(2) of the Regulations.
Mpea. tnership~ means the general partnership which was formed pursuant to
Nevada Act as contemplated by the Initial Partnership Agreement
'Partnership Interest" means the interest acquired by a Partner in the
Partnership including, without limitation, such Partner's right: (a) to an allocable share of
the profits, losses, deductions, and credits of the Partnership, Co) to a distributive share of
the assets of the Parmership, (c) to vote on Partnership matters, and (d) to manage and
operate the Partnership.
"Partnership Minimum Gain" has the m~nlng set forth in Regulations
Sections 1.704-2(bX2) and 1.?04-2(d).
'Percentage Interest" means the percentage set forth opposite each Partners
name on Annex A to this Agreement, as such Annex may be amended from time to time
in accordance with this Agreement.
"Person' means an Individual or a corporation, partnership, trust, estate,
unincorporated organization, association, or other entity.
-Kegulations" means the Department of Treasury Regulations promulgated
under the Code, as amended and in effect (including corresponding provisions of
succeeding regulations).
"Regulatory Allocations' has the meaning set forth in Section 3.4 hereof.
3.1 ~apital Contributions. Prior to thc date he~eof, thc Initial Parmers
contributed to the Pamaerahip the property de~a'ibed in Pa.,t I of Annex B ~. A~ of the
Effective Tune (~ ~ defined), thc Parmers are contributing to ihe Parmer~hip the
additional property de~ri~ in Part II of Annex B hereto. No additional capital
contributions shall be required of r,,ay P~zmer, but the Parmers may contribute cash to the
D,~d..02: I 11215.3
16B }
Partnership, in proportion to thcix Pcrccntage Interests, in thc amounts and at the times
necessary to fund pm-tncrship operations.
3.2 General Allocations of Profits and Losses.
(a) Profits and losses for any fiscal year shall be allocated to the Partners
in proportion to their respective Percentage Interests. Notwithstanding the preceding
sentence, the Managing Partner is authorized to make any allocations required by Section
1.704-ICo) or 1.704--IT(b) of the Regulations in order to ensure that the allocations of
profits and losses pursuant to this Agreement are respected for federal income tax purposes.
Co) tn accordance with Code Section 704(c) and the Regulations
thereunder, income, gain, loss and deduction with respect to any property contributed to the
capital of the Partnership shall, solely for tax purposes, be allocated among the Partners so
as to take account of any variation between the adjusted basis of such property to the
Partnership for federal income tax purposes and its initial fair market value (as determined
and taken into ac. count for purposes of Section 3.7(a)(i) hereof). Any elections or other
decisions relating to such allocation s[mll be made by the Managing Partner acting in good
faith and in a reasor~le mariner. Allocations pursuant to this Section 3.2('o) are solely for
purposes of federal, state, and local taxes and shall not affect or in any way be taken into
account in computing any Partner's capital account or share of profits, losses, and other
items or distributions pursuant to any provision of this Agreement.
3.3 ~;_r~cial Allocations. Thc following special allocations shall be made
in the following order:
(a) Minimum Gain Char~,cback. Except as otherwise provided in
Section 1.704-2(0 of thc Regulations, notwi~dLag any other provision of 0als Article
III, if there is a net dCCrcasc La Partacr~p Mlnlmum Gain during any fiscal year, each
Partner shall be specially allocated items of Partnership Mc, omc and gain for such fis~
year (and, if necessary, subsequtml fiscal years) La aa mount equal to such Partn~s share
of thc ncr decrca~ La Parmership Minimum Oain: dctermincd in accordance with
Regulations Section 1.704~2(g). ~Jlocafions pursuant to the previous seatca~ shall be
made in proportion to thc rcspe~vc mounts required to be allocated to each partner
pmmt thereto. Thc items to be so allocated shall be d~'a;rmined in aecordaac~ with
Sections 1.704-2(f)(6) and 1.704-20)(2) of thc Repfla~ons. This Section 3.3(a) is in~
to comply with thc minimum gain chargeback requirement in Section 1.704-1(0 of the
Regulations and shall be interprct~ consistently therewith.
O
0
0
-5-
DAL~I 11121~ }
16B 3
(b) p_m'mer Minimum Cmin C~. Except as otherwise provided
in Section 1.704-I(i)(4) of the Regulations, notwithstanding any other provision of this
Section '3. if there is a net decrease in Partner Nonrecourse Debt Minimum Gain
auributable to a Partner Nonrecourse Debt during eny Parmership fiscal year, each Partner
who has a share of the Partner Nonrecour~ Debt Minimum Gain attributable to such
Partner Nommcourse Debt, determined in accordance with Section 1.704-2(iX5) of the
Regulations, shall be specially allocated items of Partnership income and gain for such
fisc~ year (and, if necessary, subsequent fiscal years) in an mount equal to such Partner's
share of the net decrease ia Parmer Nonrecourse Debt Minimum Gain attributable to such
Partner Nonrecourse Debt, determined in accor~ce with Regulations Section
1.704-20)(4). Allocations pursuant to the previous sentence shall be made in proportion
to the respective mounts required to be allocated to each Partner pursuant thereto. The
items to be so allocated shall be determined in accorda, nee with Sections 1.704-2(iX4) and
1.704-2(j)(2) of the Regulations. This Section 3.3(b) is intended to comply with the
minimum gain chargeback requirement in Section 1.704-2(i)(4) of the Regulations and
shall be interpreted consistently therewith.
(c) Nonrecourse Deductions. Nonrecourse Deductions for any fiscal
year shall be specially allocated among the Partners in proportion to their Percentage
Interests.
(d) partner No_nrecourse Deduction~. Any Partner Nonrecourse
Deductions for any fiscal year sh,dl, be specially allocated to the Permer who bears the
economic risk of loss with respect to the Partner Nonrecourse Debt to which such Partner
Nonrecourse Deductions are attributable in accordance with Regulations Section
1.704-2(i)(1).
(e) C_od~ Section 754 Ad_iu.ramlIL To the extent aa adjustment to the
adjusted tax basis of any Partae~p _~_~t ~n-mant to Code Section 734L'b) or Code Section
743¢) is required, pursuant to Regulations S~'tion 1:7C}4-1 (b)(2XivXlllX2) or Regulations
Section 1.704-1CoX2)(ivXIIIX~, to be taken into account in determ!_n~n$ capital ac, counts
as the result of a distribution to a Partner in complete liquidation of his interest in the
Partnership, the amotmt of sue, h adju~ttaent to the capital accounts shall be treated as an
item of galn Ctf the adjuatmem increases the basis of the asset) or loss (if tho adjustment
decreases such basis) and such gain or lose shall be specislly all0ealed to th~ Partners in
accordance with their intta, e~ in the Parmemhip in the event Regulations Section
1.704--l(bX2XivX.roX~ applies, or to the Partners to whom such distribution was made in
the event Regulations Section 1.704-1(bX2)(iv)~ applies.
CZ>
-6-
DP~L02: | I ! 215.3
(f) Allocations Relain~to Taxable Issuance of Paanx~? interesl.s_.
Any income, gain, loss or deduction realized as a direct or indirect result of the issuance
of an interest in the Partnership to a Partner (the "Issuance Items") shall be allocated among
thc Parmer~ so that, to thc extent possible, the net amount of such Issuanc~ Items, together
with all other allocations under this Agreement to e. aeh Palmer, shall be equal to the net
amount that would have been allocated to each such Partner if the Issuance Items had not
been realized.
3.4 Curative Allocatipns. The allocations set forth in Sections 3.3(a),
3.3(b), 3.3(c), 3.3(d) and 3.3(e) hereof (the 'Regulatory Allocations") are intended to
comply with certain requirements of the Regulations. It is the intent of the Parmers that,
to the extent possible, all Kegulatory Allocations sit,all be offset either with other
Regulatory Allocations or with special allocations of other items of Parmerskip income,
gain, loss, or deduction pursuant to this Section 3.4. Therefore, nowdtln.smnding any other
provision of this Section 3 (other than the Regulatory Allocations), the Managing Partner
shall make such of Esetting special allocations of Parmm'~hlp income, gain, loss or deduction
in whatever manner he determines appropriate so that, after such offsetting allocations are
made, each Partner's capital account balance is, to the extent possible, equal to the capital
account balance such Parmer would have had if the Regulatory Allocations were not part
of the Agreement md'all Paa'nerskip items were allocated pur~ ,-uant to Sections 3.1 and 3.2
hereof. In exercising his discretion under this Section 3.4, the Ma.aaging Partner shall take
into account future Regulatory Allocations under Sections 3.3(a) and 3.3¢) that, although
not yet made, are likely to offset other Regulatory Allocations previously made under
Sections 3.3¢) and 3.3(d).
3.5 Other Allocation Rules.
(a) The Parmem are aware of the income tax consequences of the
allocations made by this Article III and hereby ~ to be bound by the provisions of this
Article III in reporting theh' shares of Parmership income and loss for income tax purposes.
Co) For purposes of determining the profits, losses, or any other items
allocable to any period, profits, losses, and any such other items shall be determined on a
daily, monthly, or other basis, as determined by the Mmmging Pa.,'mer using any
permissible method under Code Section 706 and the Reg,.xlations thereunder.
(c) Solely for purtx~ses of determining a Parmer's proportionate share
of the "excess nom'ecourse liabilities" of the Partnership, within the meaning of Regulations
<22>
OAL02:1112151
Section 1.752-3(a){3), the Parmcrs' interests in Partnership profits ate in proportion to their
Percentage Interests.
(d) To the extent permitted by Section 1.704-2(h)(3) of the Regulations,
the Managing Partner shall endeavor not to treat diswibutions as having been made from
the proceeds ora Nonrecourse Liability or a Partner Nonrecourse Debt.
3.6 D'~. Thc Marmging. Parmer shall review the ParmershJp's
accounts from time to time to determine whether distributions arc appropriate, in its sole
discretion. The Managing Parmer may make such distributions as it may determine,
without being tim/ted to current or accumulated income or gaLns, but no such distribution
shall be made out of funds required to make current payments on Partnership indebtedness.
Except to the extent Sections 5.2 or 5.3 are applicable, all distributions shall be made in
accordance with the Partners' Percentage Interests.
3.7 Capital Accounts.
(a) In General. The Parmership shall maintain for each Partner a
separate capital account in accordaace with this Section 3.7(a), which shall control the
division of assets upon liquidation of the Partnership as provided in Section 5.2 of this
Agreement. Such capital account shall be maintaimed in accordance with the following
provisions:
(i) Such capital account shall be increased by the cash amount and the
fair market value of all capital contributions made by such Partner to the
Partnership pursuant to this Agreement, by such Part~efs allocable share of profits
and by thc amount of any Partnership liabilities assumed by such Partner or that are
secured by may property distributed to such Partner.
(ii) Such capital account shall be decreased by the cash amount and the
fair market value of any property distributed to such Partner pursuant to Sections
3.6, 5.2 or 5.3 of fids Agreement, by such Partner's Mloc. able sham of losses and by
thc amount of any liabilities of such Partner asxumed by thc Parmership or any
liabilities secured by any property contributed by such Partner to thc Partnership.
(iii) In the event all or a portion of an interest in the Partnership is
tran.qferred in accordance with the terms of this Agreement, the transferee stroll
succeed to the capital account of the transferor to the e~ent it relates to the
transferred interest.
O
0
DAL02:III21$.3 -8-
The foregoing provisions and the other provisions of fids Agreement relating to the
maintenance of capital accounts are intended to comply with Sections 1.704-1(b) and
1.704-2 of the Regulations and shall be interpreted and applied in a manner consistent v,4th
such Regulations.
(b) ~1.~111. If any P~mner has a deficit bal~cc in
its capi~ account, such Pm'mcr shall have no obligation to restore such negative balance
or to make any capit,~.l contribution to thc capital of thc partnership by reason thereof, and
such negative bale,ncc shall not be considered an asset of thc p~mnership or of any Partner.
(c) IntercO. No interest shall be paid by the Parmership on capital
contributions or on balances in capital ~ccounts.
(d) ~w_.~. 1'4o Partner st~all be entitled to withdraw any part
of his capital contribution or his capital ~ccount or to receive any distribution from the
Partnership, except as provided in Section 3.6 and Article V of this AgreemenL
(e) L.~ans From P~iln~. Loans by a Partner to the Partnership st~mll not
be considered capital contributions.
(0 O..~mrship of A~eis. All assets and property of 'fl'~e Parmerst~ip shall
be owned by the Parmership, subject to the terms and provisions of this Agreement, and no
Partner, individually, shall have any ownership of such assets or property. Subject to that
certainTitle Holding Agreement between CREC and 2728 ttolding Corporation, legal title to all
assets and property of the Partnership shall be held and conveyed in the name of the Partnership.
3.8 _Compensation of Partn.~:i. The Partnem may, with the consent of
all Pm'men, receive compensation from the pnstnership for services rendered purmmnt to
agreements with the Partnemhip, provided that any such agreement sh~ll be on terms which
m-e no less favorable to the Partnership than the Parmership could obtain from an unrelated
third pm'ty in an arm's-length trm-~a~tion.
(a) ~l:llill. g. The Managing Par'mcr shall keep or cause
to be kept appropriate books m"~d records ,,vith ~spect to the Parmerslfip's business.
O
-9-
Co)
ending March 31.
Fiscal Year. The fiscal )'ear of the Partnership shall be the )'ear
3.10 Tax Matters.
(a) Preparation of Table._ms. The Managing Partner shall arrange for
the preparation and timely filing of ail returns of Partnerskip income, loss, and other ite~rm
necessary for federal, m~te, and local income tax pu..~>oses and shall use all reasonable
efforts to furnish to the Partners within ten days after the Partnership returns are filed the
tax information reasonably required for federal and state income tax reporting purposes.
The Managing Partner in its sole discretion may pay state and local income taxes
attributable to operations of the Partnership and treat such taxes as an expense of the
Partnership.
Co) Tax Controversies. Subject to the provisions hereof, the Managing
Partner is designated the Tax Matters Parmer (as def'med in Section 623 l of the Code), and
is authorized and required to represent the Parmership, at the Parmership's expense, in
connection with all examinations of the Parmership's affairs by tax authorities. Each
Partner agrees to cooperate with the Tax Matters Partner in connection with such
proceedings.
(c) Patah~tr~F,I~ ~u.
(i) No election shall be made by the Partners[tip or any Partner for the
Partnership to be excluded fi-om the application of any of the provisions of
Subchapter K, Chapter I of Subtitle A of the Code or from any similar provisions
of any state tax laws.
(ii) The Partnership and each Partner are prohibited from making the
election provided in Section 754 of the Code and the Regulations thereunder.
-10-
D.A,~02:~ I ~21 ~ )
ARTICI,E IV
MANAGEME~ OF THE PARTNERSHIP;
RIGHTS AND OBLIGATIONS OF PARTNEI-LS
4.1 _Authori~ m~d Reliance.
(a) CREC is hereby designated the managing general partner of the
Partnership (thc 'Managing Partner"). The Managing Partner shall lmve thc exclusive
authority to operatc and manage thc business and affaim of the Parmership. Except ms
expressly providcd in this Agrccment or as required under the Ncvada Adt, ali decisions
regarding any matter set forth heroin or other'~4~ relating to or m/sing out of the business
of thc Partnership shall be rrmde by thc Mmmging Partner.
(b) Pertains dealing with the Partnership are entitled to rely conclusively
on the power and authority of the Ma,"mging Partner as set forth in this Agreement.
Notwithstanding any other provision of this Agreement, in no event shall any person
dealing with the Managing Partner or thc Pr~'tner~h/p with respect to an)' business, property
or as~t of the Partnership be obligated to ,.csccna/n that the terms of this Agreement have
been complied with, or be obligated to inquire into the necessity or expe4iency of any act
of the Managing Paxtner, or be required to verify any representation by the Managing
Pa.rmer as to its authority to take any action on behalf of the Partnership, including without
limitation encumbering, selling, or otherwise truing any assets or properties of the
Partnership. All persons shall be entitled to rely exclusively on such representations and
shall be entitled to deal with the Managing Partner on all Partnership matters as if it were
thc sole party in interest therein, both legally and beneficially. Every contract, agreement,
deed, mortgage, security agreement, promissory note, or other instrument or document
executed by the Managing Partner with r~pect, to any business, property or asset of the
Partnership shall be conclusive evidence in favor of may and every person relying thereon
or claiming thereunder that (i) at the time of the execution and delivery thereof, this
Agreement was in full force and effect, (ii) such instrument or document was duly executed
in accordance with the terms and provisions of this Agreement and is binding upon the
Partnership and all the Partners, and (iii) the Managing Partner wa.s duly authorized and
empowered to execut~ and deliver any and every such insmm~ent or document for and on
behalf of the Partnership.
(c) The Managing F~-'mer shall in no event be deemed the agent or
representative of any of the other Partne:s, but shall only be authorized to act in the name
mad on behalf of the Partnership as prov;ded herein.
r)^LOl:t tllD ~ -~ 1-
(d) Except as otherwise required by the Nevada Act, the Partners other
than the Marmging Partner shall not have any authority to operate and numagc the business
of the Parlxxership.
4.2 ' ~ _II~ M~a~. In addition to the
rights and obligations set forth elsewhere ia ~is Agreement. the Managing Partner shall
have the following rights and obligations:
(a) ~ The Mvmaging Partner shall conduct, direct, and
exercise full control over fll activities of thc Partnership. In addition to the powers now
or hereafter granted to a managing pm'mcr under applicable law or that are granted to the
lqumaging Pmaer under ~ny provision of this Agreemcat, the Marmg~g Parmer shall have
full power tnd authority m do ~I! things deemed nec~ssary or desirable by it to conduct the
business of the P~tner~hip, including, without [imitation: (i) the dctermi__nation of the
activiti~ in which the Parmership will participate; (ii) the making of any expenditures, the
borm,Mng of money, the guanmteeing of indebtedness md other liabilities, the issuance of
evidences of indebtedness, and ibc incurrence of any obligations it deems n~ or
advisable for the conduct of the activities of the Parmership, (iii) the acquisition,
disposition, mortgage, pledge, erlcumbrance, hypothecation, or exchrmge of any or a!l of
the assets of the Partn~-rship; (iv) the use of the assets of thc Parmemhip for any Pmtnership
purpose (v) the negotiation, execuxion, ,mad pen-formance of any contracts desirable, useful,
or necessary to the conduct of the business or operations of the Partnership (vi) the
distribution of Partnership cash or other m~rxets; (vii) the s¢le~on, hiring, and dismissal of
employees, attorneys, accountants, conxult,mat& contractors, agents, and representatives and
the determination of their compensation and other terms of employment or hiring; (viii) the
maintenance of iasunmce ~nd (ix) thc control of any matte~ affecting the fights and
obllgatiotu of the Pm~mer~p, includi~ the conduct o£any litigm.ior~, the incurring of legal
expense~, and the ~t'tlement ofcldm.a and s~ts. The P~mcrsh. ip hereby ratifies the past
acts of the Managing P~ner with respect to lhe formation of the Partnership.
'(b) Outside Activities. The Partners or any affiliate thereof and any
director, officer, employs, ,.gent, or repre3entnfive of thc Partner~ or any ,ffiiL~te thereof
shall b~ entitled to ~ttd may bav~ bu:sine~ interests and ea~gag~ in busine~ aefi~4tie$ in
addition to those relating to the Pm'tner~hip, includirq?, busineaa interest~ m~d ~fivifl~ in
direct competition with thc Parmcrship. Neither *.he Partnership nor any of the Partners
shall have ~ny righm by virtue of thL~ Agrecmcnt or the poxtnership relationship created
hereby in ~my businc~ venturea office other Pe.rtne~s, any et~liate thereof, or any director,
officer, employee, agent, or representative of the other Partners or any Mtiliat~ thereof.
(c) lg.d.clllll~.t~a. The Parmership shall indemnify and hold harmless
each Partner and any director, officer, employee, agent, or representative of any Partner,
again.st all liabilities, los.scs, and damages incurred by any of them by reason of any act
performed (or alleged to be performed or omitted to be performed) or omitted to be
performed in thc name of or on behalf of thc Partnership, or in connection with the
Partnership's business, includhag attorneys' fees and any amounts expended in the
scttlemcnt of any claims or liabilities, [or~scs, or dam,ages, to the fullest exteat permitted by
thc Ncv~ Act, if' such indcmnitec reasonably believed such acts or omissions to be in the
best intcrcsB of the Partnership and such acts were not performed or omitted to be
performed fraudulently or in bad faith or as ~. result of gross negligcncc, willful misconduct,
or a breach of any material provisions of this Agreement.
(d) Liabili~ of Partac_r~. No partner nor their respective directors,
officers, employees, agents, or representatives shall be liable to the Partnership or any
Partner for errors in judgment or for any acm or omissions that do not constitute gross
negligence or willful or wanton misconduct.
(c) ~a. nagir~gParlrl~. The following actions may be
taken by the Managing Partner only if approved prior thmcto by all Parmers: (i) the merger
or consolidation of the Partnership with or into any entity, or (ii) admission of any Persons
as partners of the Partnership.
(f) Removal ofMana_~:lg.l"'_~-men ~~rs. The Managing Partner
may bc removed at any time for any reason by the unanimous vote of the other Partners.
A successor Managing Partncr may be clecm:xl only with the unanimous vote of all Partners
(including the removed Managing Partner).
~4.3 Transfer of Intcresla. No Partnership Interest of a Partner shall bc
transferred, in whole or in part, except with the written consent of all Partners, which
consent may be unreasonably withheld in their sole discretion.
4.4 ~f__tlhill~k.~LF_~m P~_,~I~. No Partner shall withdraw from the
Partncrship cxccpt with thc writtcn con.sent of all ottmr Partners.
ARTICLE V
DISSOLUTION AND ~VhNDING UP
The Parlnerslfip shall be dissolved only upon:
(a) the expiration of its term ~ provided in Section 1.4 of this
Agreement; or
(b) an election to di.~sotvc the Partnership by the affirmative vote of
Partners holding seventy-five percent (75%) of '&e Percentage Interests.
No other event,' whether or not sp<:cifi'~'t under the Nevada Act, shall cause
the Parmership's dissolution.
5.2 I,i.q2i. dlIi2a. Upon dissolution of the Pamaersh. ip, the Managing
Partner, or, in the event the Managing Partner has been dissolved, becomes bar~'upt or
withdraws from the Parmership (other titan pm-sm'mt to a transfer under Section 4.3), a
liquidator or liquidating committee selected by all of the Limited Partners, shall be the
Liquidator. The Liquidator (if other Oran the Managing Partner) s,hzl/be entitled to receive
such compensation for its services as may be approved by the Limited Partners. Except as
expressly provided in this Article V, the Liquidztor appointed in the manner pro'Aded
herein shall have and may exercise, without further authorization or consent of any of the
parties hereto, all of the powers conferred upon the Managing Partner under the terms of
this Agreement (bm subject to ~Ii of thc applicable limitations, contractual and otherwise,
upon the exercise of such powers) to the ¢ment necessary or desirable in the good faith
judgment of the Liquidator to can'y out thc duties and functio~ of thc Liquidator hereunder
for mad during such period of time as shall be reasonably required in thc good faith
judgmmt of thc Liquidator to complete the winding up and liquidation of the Partnership
as provided for hcr¢im Thc Liquidator sh,'dl Iiquidatc thc assets of thc Partnership and
apply and distribute thc proceeds of such liquidation in the following order of priority,
unless otherwise requkred by mandatory provisio~ of applicable law:
(a) To thc payment of the expenses of thc terminating transactions
including, withou, t.~'.,~hitation, brokerage commissio~ legal fees, acommting fees and
closing costs;
(b) thc payment to c:'::ditors of the Partnership, including Partners, in
order of priority provided by law; and
(c) to the Partners in accordance with the positive balances in their
respective capital .accounts as pro~4ded in Section 1.704-1(bX2)(ii)(b)(2) of the
Regulations, providext however, th,at the Liquickator may place in escrow a reserve of cash
or other m~sets of the Pm-tnersh/p for contingent liabilities in an amount determined by the
Liquidator to be appropriate for such purFx~ses.
5.3 ~. Not,Mth.standing the provisions of Section 5.2
of this Agreement which require the Liquidation of the assets of the Partnership, but subj eot
to the order of priorities ret forth therein, if it is not necessary to liquidate all the assets of
the Partnership to make the paymentz required by Section 5.2(a) or 5.2Co) (for creditors
other than Partners), then the Liquidator may, in its sole discretion, m~tke an in kind
distribution of ,.ny remaining Pa.r'memhip property to the Partners in lieu of a cash
distribution. Any tach in kind ~bufion shall be made in ac.e~ot4ance with the provisions
of Section 5.2(c) and shall be subject to any pre-existing agreements governing the
operation of such properties and to such other conditions relating to the disposition and
management of such properties as the LiquicLator deems reason,able and equitable. The
Liquidator shall value any property distributed in }'2nd based upon such property's fair
market value as determined using such reasonable method of valuation as it may adopt.
Any difference between such fair market value and the Parmership's adjusted book basis
in the property sl~ll be treated as profit or loss and allocated to the Partners in accordance
with Section 3.2.
5.4 Return of Ca_r/~.l.. ~t~e Parmcm slmll not be personally liable for the
return of the Capital Contributio~ of other Pm~a~ers, or any portion thereof, it being
expressly understood that any such ret, tm shall be made solely from Partnership assets.
5.5 ~lfiYer of P~u!itkg~. Each Partner hereby waives any rights to
partition of the Parmershlp property.
ARTICLE VI
AMENDMENT OF AGREEMENT
O
6.1 ~g..~idlll.~l~.l~hLPx.Cr.~rll.~Ul- The Agreement may be amended
only with the written approv~.l of all Partners.
D~M.,02: I 1121
ARTICLE VII
GENERAL PROVISIONS
7.1 Alllgl~;~CA.~cl~?~l~. Thc Initial Parmcrship Agreement
shall bc amended and restated in its cn.tircty a~ ~¢t fon. b. herein effective as of thc close of
business in Dallas, Texas on June 30, 1996 (the "Effectivc Timc").
7.2 ,~[f;k~,~.,~.s,~i~lic~.. Any notice, demand, request, or report
requited or permitted to be given or made to a Parmer under this Agreement shall be in
writing ~nd shall be deemed given or made when delivered in person or three days after
being sent by United Stat~ registered or certified mail to the. Partner at his ~dress as
shown on the records of the P~'~.nership, regardless of an), claim, of any Person who may
have an interest in any Partnership Intere;st by reason of an assignment or o~herwise.
7.3 Titles and Capfio _v4. All article and sect/on titles and captions in this
Agreement are for convenience only, st'~ll not be deemed part of this Agreement, and in
no way shall define, limit, extend, or describe the scope or intent of any provisions hereof.
Except as specifically provided other~vise, references to "Articles" and "Sections" are to
Articles and Sections of this Agreement.
7.4 Pronouns mud Plunk. When. ever the context nmy require, any
pronoun used in thN Agreement shall include the corresponding masculine, feminine, or
netaer forms, and the singular form of nouns, pronouns, and verbs shall include the plural
and vice versa.
7.5 ,F_llllll~.~li~. The part/es shall execute all doc. meats, provide all
infommfion, mad take or refia.~ fxom taking ~ ~m.iona as may be nccess4u? or appropriate
to achieve thc purposes ofthts Agreement.
7.6 ~ TI-ds Agre.~-ment shall be bindi~ upon and inure to
the benefit of the pm'ties hereto and their heirs, executors, admini.qlrators, successors, legal
representatives, and permit~ a.saigns.
7.7 ~ This Agreement coastitu~ the entire agreement among
the partie~ hereto pertaining to the subject matter hereof and supersed~ all prior
agreements ~nd under~ndlng~ pertain/rig thereto.
16g
'7.8 2~ItiZ~. No failure by any party to insist upon the strict performance
of any coverumt, duly, agreement, or condition of this Agreement or to exercise arty fight
or remedy consequent upon a breach thereof shall c~rmtitute waiver of any such breach or
any other coveaaah duty, agreement, or condition.
7.9 .~llllll[~.~. This Agreement may be executed in couaterparts, all
of which together shall cor~titute one agreement binding on all the parties hereto,
notwithstanding that all such parties are not signatories to the orig~na! or the same
counterpart.
7.10 ~k~.f~.e,_l.,t~. This Agreement shall be construed in accordance
with and governed by the laws of the State of Nevada, without regard to the principles of
conflicts of law.
7.11 Invalidity of Provi~rm. If any provision of this Agreement is
declared or found to be illegal, unenforceable, or void, in whole or in part, then the parties
shall be relieved of all obligafioas ar/sing ur, der mmh provision, but only to the extent that
it is illegal, unenforceable,' or void, it being d~e intent and agreement of the parties that this
Agreement shxll be deemed amended by modifying such provision to the extent necessary
to make it legal and enforceable'wtfile preserving its intent or, if that is not possible, by
substituting therefor another provision that is legal and enforceable and achieves the same
objectives.
IN WITNF~S WHEREOF, the parties hereto trove executed tttis Agreement
on June 27, 1996 to be effective as of the Effective Time.
ADDRESS:
5950 Berkshire I2ne
Suite 400
Dallas, TX 75225
VISTA MORTGAGE & REALTY, INC.
Title: --Pr~5,; ~ ~
ADDRESS:
5950 Berkshire Lane
Suite 400
Dallas, TX 75225
ADDRESS:
5950 Berkshire Lane
Suite
Dallas, TX 75225
ADDRESS:
3333 Le~ Parkway
Suite 1100
Dallas, TX 75219
PANOtGUVIIC LAND, INC.
Title: lore... ~' cL%,',--'t-
CENTE.X REAL ESTATE
CORPORATION
(formerly 'known as "Vista Properties, Inc.")
Tide: v:--~ f',"a:.r,~-e.,T . __
O
0
ANNEX A
PARTNEI~ AJqD PERCENTAGE INTERESTS
Vista Mortgage & Realty, Inc.
55%
Braewood Development Corp.
28%
Panoramic Land, Inc.
15%
Centex Real Estate Corporation
(formerly known as "Vista Properties, Inc.")
2%
O
DALO2:I 11215.3
ANN~B
DESCRIPTION OF PROPERTY
CO~IY3CED BY THE PARTNERS
Part I: Initial Contributions
1. Propaty contributed by Vista Mortg~c & Realty, Inc.: All assets,
subject to all liabilities, specLfied in that cci ~w. in Omnibus Assignment, Conv.:yance and Bill
of Sale with Asw,mption of Liabilities dated September 2I, I993 by m~d between Vista
Mortgage & Realty, Inc. and the Parmemhip.
2. Property contributed by Braewood Development Corp.: All assets,
subject to all liabilities, sp~ified in ti:mt cc. rtaJn Omnibus Assignment, Conveyanc~ and Bill
of Sale with Assumption of Liabilities dated September 21, 1993 by and betw~n the
Partnership and Braewood Development Corp.
3. Property contributed by Pa. noramic Land, Inc.: All assets, subject
to all liabilities, specifieA in that certain Onmibtts Assignment, Conveya.ucc and Bill of Sale
with Assumption of Liabilities dated September 21, 1993 by and between the Partnership
and Panoramic Land, Inc.
Part II: Additional Contributions
1. Property contribtrted by Vi~.a lviortgage & Realty, Inc.: All assets,
subje~ to all liabilities, specified in tl~t ce.t-mia <3¢neral Indenture of Conveyance, Transfer,
and Assignment dined as of Sune 30, i996 by ~d ~tween Vixta Mo,-'tgage & Realty, Inc.
and the Partnership.
2. Property contribxf~e~ by Bracwood Development Corp.: All assets,
subject to all liabilitie,, M~ecifled in that certain Oencr~l l. ndeatm~e of Conveyance, Transfer
and A~ignmenI dated aa of Sune 30, 1996 by ~c,d between Br~wood Development Corp.
and the Partnership.
3. Property contributed by panoramic Land, Inc.: All assem, subject
to all liabiLiti~, specified In that certain GenereJ Indenturo of Conveyance, Tran-~fer and
· A~igr, ment dated aa of June 30, 1996 by and b~tween Panoramic Land, Inc. and the
Parmeralxip.
DAL02: I I I 21 ~.3
4. Property contributed by Centex Re~ Est~ Corporation (formerly
known ~s ~Vist~ Prope~e~, Inc.'): All ~sets, subject to ~ll liabilities, specified in t/mt
certain Oeneral lndeatur~ of Convey~zcc, Tran:~fer and Assignment dated as of June 30,
1996 by and between Centex Real Estate Corporation and the Partnership.
DAL02: I I
MEMORANDUM
Date:
To:
From:
Re:
December 10, 1997
Jeff Walker, Director
Risk Management Department
Eilie Hoffman, Deputy Clerk
Minutes & Records Department
Contract Between Collier County Government and
Insurance and Risk Management Services, Inc.
Please find enclosed one fully executed original document as
referenced above as approved by the Board of County
Commissioners on Tuesday, December, 1997.
If you should have any questions, please contact me at:
(8406.).
Thank you.
Enclosure
(:ONTI-b~,CT
BETWEEN
COLI.IER COUNTY GOVERNMENT
AND
INSURANCE AND RISK MANAGEMENT SERVICES, INC.
This CONTRACT is entered into on October 1, 1997, between Collier
COUNTY Government, 3301 East Tamiami Trail, Naples, Florida, a public
corporation of the State of Florida (COUNTY), and INSURANCE AND RISK
MANAGEMENT SERVICES, [NC., 3200 Bailey Lane, Naples, FL 34105-8506
(CONTRACTOR).
WITNESSETIt
WHEREAS, the COUNTY is empowered to enter into contractual
arrangements with public agencies, private corporations or other persons
pursuant to Florida Statutes; and
WHEREAS, the COUNTY desires the professional services of a
Property and Casualty Insurance Broker to implement a project entitled
"Property and Casualty Insurance Brokerage Services"; and
WHEREAS, the CONTRACTOR represents that it possesses the
required skills, knowledge, expertise and resources and is capable of providing
the desired services within the time frame and parameters required by the
COUNTY; and
WHEREAS, the COUNTY has found the CONTRACTOR'S expertise
and resources to be acceptable and wishes to enter into a CONTRACT with the
CONTRACTOR;
NOW, THEREFORE, in consideration of the benefits flowing from each
to the other, the parties agree to the following:
Unless extended or terminated, the period of performance of this
CONTRACT shall commence on October 1, 1997 and continue for a period
of twenty-four (24) months, terminating on September 30, 1999. The
COUNTY may, at its option, renew this CONTRACT for two (2) additional
16D. 1
one year periods subject to the same terms and conditions and fee structure.
As full consideration for providing the goods and services required by this
CONTRACT, the COUNTY shall pay the CONTRACTOR the amounts
shown in thc ~I_I~P~, hereinafter stated in this CONTRACT.
Payment of funds shall be made monthly upon receipt and acceptance of the
CONTRACTOR'S invoice.
Fee Structure
A. Introduction
The COUNTY and thc CONTRACTOR agree that the Fee Structure
for the term of this Agreement shall be based upon the definitions and
conditions outlined in tt~,is section.
B. Insured and Uninsured Programs
1. "Insured Lines of Business and Related Services" Defined.
"Insured Lines of Business and Related Services" shall be defined as
insurance lines, programs, and related services required by the
COUNTY to establish and manage its property & casualty risk
financing program and through which the COUNTY utilizes the
CONTRACTOR to procure such lines, programs, and related services.
Insured Lines of Business shall include the traditional types of
insurance which may be purchased by the COUNTY on the basis of
receiving payment for a claim or loss on a first dollar basis or on a
deductible basis. A deductible basis shall mean the purchase of an
insurance CONTRACT where the COUNTY assumes the payment of
the deductible. Insured Lines of Bus[ness shall also include the
purchase of excess insurance above a self-insured retention assumed
by the COUNTY. A self-insured retention shall apply to a loss
whereby a portion of thc loss is assumed by the COUNTY pursuant to
a contract of insurance and whereby any amount above the retention is
insured by excess insurance up to the limit Of the excess insurance
policy.
Related Services shall include any and all ancillary and/or support
services provided by third part), vendors necessary to administer the
insurance program and shall include but not be limited to claims
administration services required by the COUNTY to investigate,
resist or adjudicate a claim as may l'3e presented by a claimant under a
16D. 1
self-insured insurance program, loss control services, and managed
care programs for Workers' Compensation insurance. It is understood
that the CONTRACTOR is not an insurance carrier or "Related
Services" provider. Rather, the CONTRACTOR is a
broker/consultant for such services. Below are listed the insurance
lines and services included under the terms of this agree~nent:
a) Property Insurance (Including)
Real and Personal Property
Extra Expense
Business Interruption
Valuable Papers
Crime
Computer (EDP Itardware & Software)
Contractors Equipment
b) Automobile Insurance (Including)
Liability
Physical Damage
Uninsured Motorists
Personal Injury Protection
Medical Payments
c) General Liability Insurance
d) Public Officials Liability Insurance
e) Aircraft Insurance (Including)
Aircraft Liability
Aircraft Physical Damage
f') Accidental Death & Dismemberment (Statutory)
g) Boiler & Machiner)
h) Public Officials Bonds
i) Difference In Conditions
j) Flood
16D.1
k) Environmental Impairment Liability (Pollution)
I) Contingent Law Enforcement Liability
m) Workers' Compensation and Employer's Liability Insurance
n) Workers' Compensation Claims Administration Services
o) Workers' Compensation Managed Care Programs
p) Property and Liability Claims Administration Services
q) Safety and Loss Control Services
r) Builder's Risk
s) Airport Liability
It is agreed that this agreement shall not apply to lines of insurance which are
purchased directly by the Collier COUNTY Sheriff's Department. If any of
these lines of insurance become part of this agreement, then the provisions of
Article E, "Additions to Insured Lines of Business", shall apply.
2. Uninsured Lines of Business
Uninsured Lines of Business shall be defined as those types of insurance
where the COUNTY determines it is in its best interests to not purchase
insurance or where the COUNTY has decided to discontinue the purchase of
insurance for that type.
3. Uninsured Losses
The COUNTY recognizes that there may be losses that are not insured under
the terms and conditions of insurance policies purchased by the COUNTY.
Every insurance policy is struct:tred with an Insuring Agreement which
outlines the insurance protectiot~ afforded. Each type of policy also
contains Exclusions which preclude coverage for certain types of losses.
And, each type of policy contains certain Conditions which must be met by
the COUNTY in their relationship with the insurance carriers or losses may
not be covered.
C. Annual Fee
1. It is agreed between thc COUNTY and thc CONTRACTOR that the
Annual Fee for the Scope of Services provided by the CONTRACTOR during
the term of this Agreement shall be $110,000 per year. Thc parties to the
Agreement recognize that one or more insurance companies may have a legal
requirement to pay the CONTRACTOR a commission for a line or lines of
insurance purchased by the COUNTY. If that situation occurs, the
CONTRACTOR shall accept the smallest amount of commission available
from the insurance company and shall fully disclose the amount of commission
to the COUNTY. If a commission is paid by an insurance company to the
CONTRACTOR, the parties agree that the Annual Fee shall be reduced by the
amount of the commission paid to thc CONTRACTOR. Notwithstanding this
provision, the CONTRACTOR shall be required to provide either annually or
on a scheduled payment basis, an appropriate commission statement as proof
that commissions were not paid. Thc acceptance of a commission that is not in
compliance with the provisions of this paragraph shall be considered a
violation of the agreement and may be grounds for cancellation of this
CONTRACT.
2. It is further agreed between the COUNTY and the CONTRACTOR
that if certain major Insured Lines of Business become Uninsured Lines of
Business during the term of this Agreement that there shall be modification to
the Annual Fee. The major Lines of Business subject to this reduction and the
amount of the reduction arc as follows:
Fee P,&4uction
General Liability
$10,000
Automobile $10,000
Public Officials Liability
$ 5,000
Environmental lmpairm,:nt Liability'
$ 2,500
Property S 10,000
Workers' Compensation and Employer's l,iability $10,000
D. Fee Payment Schedule
It is agreed between the COUNTY and the CONTRACTOR that the Annual
Fee shall be billed on a monthly installment for the term of the Agreement
beginning with the first payment payable on October 31, 1997.
E. Additions to Insured Lines of Business
It is agreed between the COUNTY and thc CONTRACTOR that it may be in
the best interest of the COUNTY to add other types oflnsured Lines of
Business or additional services to this Agreement. If the COUNTY chooses to
add additional insured Lines of Business or services, then the parties agree that
such additions shall be added by addendum to this Agreement and a reasonable
Fee shall be negotiated betwccr: the COUNTY and the CONTRACTOR.
Further, Section C., paragraph 2 shall also be amended to reflect a fee
reduction should such Insured [,ine of Business become an Uninsured Line of
Business at a future date.
Scope of Services
It is understood that the CONTRACTOR:
Shall be responsible for providing assistance in the design of the
COUNTY'S Property, Liability and Workers' Compensation program as to
program design, coverages, and retentions based upon the COUNTY'S loss
experience and program philosophy.
At the direction of the Risk Management Director, CONTRACTOR shall
submit program design anti coverage quotations to the Risk Management
Director forty five (45) days prior to policy renewal. Where possible, the
broker shall submit at least three (3) coverage quotations per line.
Shall not withhold any coverage quotations which would prove to be
advantageous for the COUNI'Y to select due to a relationship between the
Broker and any other carrier. Such withholding shall be grounds for the
cancellation of this agreement.
4. Must be able to submit a range of programs consisting of first dollar to
"bare" programs. "Bare" ~rr~grams are those insurance programs whereby
16O.1
no insurance coverage is purchascd either on a primary or excess basis.
Shall be responsible for the complction of or assistance in the completion of
all applications necessary to place coverage.
Shall be responsible for issuing Ccrtificatcs of Insurance as requested as
soon as practical.
Shall provide advice and counsel on contractual insurance matters as
required.
Shall provide names of qualified insurance companies that may be
approached for insurance premium quotations and provide information on
the financial ratings of these insurance companies.
,2. Shall provide assistance in preparing insurance coverage specifications for
review by the Risk Management Director ninety (90) days prior to renewal.
10. Shall assist the Risk Management Director in the negotiations with
underwriters for certain coverages as may arise from time to time and take
primary responsibility for thc negotiation of other insurance coverages and
their terms, as directed bv the Risk Management Director.
11. Shall submit to the COUNTY an annual renewal proposal including the
following:
a) Schedule of all insurance n force, showing cxpiration dates, net and
gross annual premiums, limits and deductible/retentions.
b) Assessment of current conditions of insurance market and outlook for
market over the next twelve (12) months.
c) A review of market conditions various policies and their effect upon the
COUNTY'S program.
12. Shall hold quarterly meetings !o review perl'ormancc of the program.
13. Shall when requested, coordin~te notice of claims and/or losses to
underwriters and carricrs and shall also make inquiries and petitions on
behalf of the COUNTY to carriers as may bc appropriate.
14. Shall obtain answers from underwriters to policy coverage questions as
requested.
15. Shall review certain contracts, leases and agreements for insurance
requirements, coverage interpretations and other risk management issues as
requested.
16. Shall assist in the preparation and/or handling of all first and third party
claims, as requested.
17. Shall follow up for timely issuance of all policies and endorsements and
submit originals to the Risk Management Director.
Shall, where possible, provide to the COUNTY premium invoices at least
twenty-one (21) days prior to the payment due date in accordance with the
payment terms required of the CONTRACTOR by the insurance carrier.
19. Shall, where professional expertise exists, provide training to COUNTY
employees regarding various insurance arid risk management related issues
as requested. This training shall not exceed twenty (20) hours per year.
General Provisions
,5_g C TI O N Iii
The Project Manager for the COUNTY is the Collier County Risk
Management Director. Thc Project Manager shall be responsible for overall
coordination and oversight of thc performance of this CONTRACT.
All legal notices to the CONTRACTOR under this CONTRACT shall be in
writing and sent certified mail to:
Insurance and Risk Management Services, Inc.
3200 Bailey Lane
Naples, FI, 34105-8506
C. All legal notices to the COUNTY under this CONTRACT shall be in
writing and sent certified mail to the Project Manager at'
Collier COUNTY Government Center
3301 E. Tamiami Trail
Naples, FL 34112
D. All legal notices under lhis CONTRACT shall be considered received upon
receipt. Either party may change its address by providing prior written
notice to the other of any change of address.
£. All invoices shall be submitted to the COUNTY'S Project Manager. The
COUNTY shall pay the full amount of the invoice by the first (1) day of the
month due provided the CONTRACTOR submitted the invoice in a timely
manner. Failure by the CONTRACTOR to follow these instructions shall
result in an unavoidable delay of payment by the COUNTY.
F. It is understood that the COUNTY assumes the responsibility for
compliance with all laws, rules, and regulations, state, federal and local,
which are, or which shall be applicable except as to such laws, rules, and
regulations which are applicable to the obligations of CONTRACTOR as an
insurance broker/agent in the State of Florida.
G. ~ Indemnified. The CONTRACTOR, in consideration of Ten
Dollars ($10.00), the receipt and sufficiency of which is accepted through
the signing of this document, shall hold harmless and defend Collier
COUNTY and its agents and employees from all suits and actions, including
attorney's fees and all costs of litigation and judgments of any name and
description arising out of the performance of this CONTRACT or work
performed thereunder. This provision shall also pertain to any claims
brought against the COUNTY by any employee of the na~ned Agent/Broker,
any subcontractor or anyone directly or indirectly employed by any of them.
The Agent/Broker's limit of, or lack of, sufficient insurance protection shall
not affect this indemnification agreement. Thc first Ten Dollars ($10.00) of
money received on the CONTRACT price is considered as payment of this
obligation by the COUNTY.
This section does not pertain to any incident arising from the sole
negligence of COUNTY.
H. It is understood that the CONTRACTOR is an independent CONTRACTOR
and is not an employee or agent of the COUNTY. Nothing in this
CONTRACT shall be interpr,:ted to establish any relationship other than
that of an independent CONT;1ACTOR, between the COUNTY and the
CONTRACTOR, its employees, agents, subcontractors, or assigns, during
or after the performance of this CONTRACT.
I. If either party fails to l%lfill its ob!igations under this CONTRACT in a
tignely and proper manner, the other party shall have the rig,~,t to give
written notice of any deficiency a~d allow the party in default sixty (60)
calendar days from receipt of notice to correct the deficiency. If the
deficiency is not corrected within this time, this CONTRACT shall
terminate at the expiration of thc sixty (60) day time period.
The CONTRACTOR shall procure and maintain through the term of this
CONTRACT, Professional Liability insurance. Insurance coverage shall
have minimum limits of'S1,000,000 per occurrence.
K. The CONTRACTOR shall provide insurance certificates as proof of
insurance prior to the commencement of performance. Insurance certificates
shall be written by a company acceptable to the COUNTY. The
CONTRACTOR shall notify the COUNTY at least thirty (30) days prior to
cancellation or modification of this insurance policy.
The CONTRACTOR shall not assign, delegate or otherwise transfer its
rights and obligations as set forth in this CONTRACT without prior written
consent of the COUNTY.
If either party initiates legal action, including but not limited to appeals, to
enforce this CONTRACT, the prevailing party shall be entitled to recover a
reasonable attorney's fee, based upon fair market value of services
provided.
The CONTRACTOR shall assure that no person shall, on the grounds of
race, color, creed, national origin, handicap or sex, be excluded from
participation in, denied thc benefits of, or otherwise be subject to
discrimination in any activity under this CONTRACT. The
CONTRACTOR shall take all measures necessary to effectuate these
assurances.
The laws of the State of Florida shall govern all aspects of this
CONTRACT. In the event it is necessary for either party to initiate legal
action regarding this CONTRACT, venue shall be in the 20'h Judicial
Circuit for claims under state law and in the Middle District of Florida, Fort
Myers Division, for any claims which have jurisdiction in federal court.
P. This CONTRACT may be amended only with the written approval of the
parties.
A failure or waiver of thc COUNTY'S right to enforce any covenant,
condition, or provision of this CONTRACT shall not operate as a discharge
of or invalidate such covenant, condition or provision, or impair the
10
enforcement rights of the COUNTY.
R. This CONTRACT states the entire understanding between the parties and
supersedes any written or oral representations, statements, negotiations, or
agreements to the contrary. The CONTRACTOR recognizes that any
representations, statements or negotiations made by COUNTY staff do not
suffice to legally bind the COUNTY in a contractual relationship unless
they have been reduced in writing, authorized and signed by an authorized
COUNTY representative. This CONTRACT shall bind the parties, their
assigns, and successors in interest.
The parties or their duly authorized representatives hereby executive this
CONTRACT on the date written above.
' ATTEST: ,
DWIGHT E] B'RO~'I~, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TINIOTHY L. ttANCOCK, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
A ,'
DAVID C. WEIGEL, COL~
ATTORNEY
iNSURANCE AND RISK MANAGEMENT
SERVJ~ES, [NRC...
GEORGE R. S~HMELZLE, ~-M:~IDENT
il
NOV. ld.1997 B:laSPt'l FAIA
16D
CERTIFICATE OF INSURANCE
Ti-frS CI~TIFICATE I~ ~Jl~3 AS A MATTER OF 12~FOR,V, AI'ION OI~Y AND CONFERS NO RIOHTS
UPON ~ (I~R, TI~CATE
CO~ AFFORDED BY
IINSURANCEAND ~ MANAOEMEN'r SERVICES,
PNC.
/3~30 BAI~]~Y LANE, SUITE 105
{NA,PLES, FL 34105
icovmu,~
TaIl~, FL 32217-2129
INSURA.NCE AGENTS' PROFF. SSIONAL LIABILITY COVERAGE
CO~ ~O~O CO~: ~c ~ I~ ~p~
Po~ ~ ~l~V21
~ 12~1 ~: 01~1~7 E~ C~m L~t:
E~. 12;01 ~ 01~1~8 Ag~ L~
~;5,000,000
$6,0O0.0O0
C.,c~.~ ~ Hnkt~,
COLLIt~ COUNTY BOARD OP COUNTY CONtM~$$IONER.S
ATI'N: ~K ~AO~ D~~
3301 ~T T~ ~
N~S, ~ 34112
CAN~ ~ATION:
· ~l,d any of th~ aborn ~ poRc~s be cam~llcd
thc cxp~-at~on d~te t~nm'ecf, t~ i~uing company
C~a~c~t~ I~ld~r n~.m~! above, but failure to m~.il
kiad up~ ~ Compmy, iu ag~ts o~ reprieve.
AutIx,riz~ ~: MA.RCIA NELSON I Iamm D~U;: OCTOBER 31, 1997
1
BUDGET AMENDMENT REQUEST
FUNDTITI.E MSTDGENERAI.
Date prepared: 11/17/97
BCC Agenda date
if previously approved.
FUND NO. 111
Attach Executive Summary
Item No.
EXPENSE BUDGET DETAIl,
tFranchise ndmin. ~ ~;~_210 No. No.
Increase '-- Current Revised
(Decrease) Budget Budget
195,000 55,500 250,000
Expenditure Expenditure Increase
Object Code Title ...... (Decrease)
764370 Audio Visual 195,000
Equipment . ._
TOTAl. 195,000
REVENUE BUDGET DETAIl.
REVENUE 1 ]919010
RESERVES Cost (;enter No.
Cost Center Title
Revenue
Object Code
489200
Project Title
] IProject No.
Revenue
Title
Carry Forward
Increase
(Decrease)
145,000
TOTAl. 145,000
Current
Budget
2,608,800
Revised
Budget
2,753,800
16E-1
REVENUE BUDGET DETAIl.
MSTD GENERAL
Cost Center Title
100210
Cost Center No.
i Project Title
Project No.
Revenue
Object Code
366900
Revenue Title
Contributions -
private sources
Ij ncrease
(Decrease)
TOTAL 50,000
Cu rrent Revised
Budget Budget
io t so,ooo
EXPLANATION
Why are funds needed? For Audio Video improvements to the Board Room and for
improvements to Channel 54 broadcast and production capabilities.
Where are funds available? Through franchise renewals for Time Warner Cable and
Media One as approved by thc Board of County Commissioners.
REVIEW PROCESS
Cost Center Director:
Division Administrator:
Budget Department:
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
DATE
16G 1
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
DECEMBER 9, 1997
FOR BOARD ACTION:
1. MISCELLAaNEOUS [TEtrIS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
2. Minutes:
A. Pathway Advisory Committee of the Metropolitan Planning Organization -
minutes of August 29, 1997 and October 15, 1997 agenda. Referred to BCC.
AGENOA ~TEM
OEC ~g 1~7
Agenda
PAT}tWAY ADVISORY COMMITTEE
of the
Naples (Collier County) Metropolitan Planning Organization
October 15, 1997
8:00 a.m.
Collier County Development Services Center
(Field Trip to Immokalee to Follow)
2800 North Horseshoe Drive
Naples, FL 34104
Notice:
Any persons wi.~hing to speak on any scheduled agenda item mu~ register prior to speaking. Any person
desiring to have an itern placed on the agenda shall make a request in writing **ith a description and
.~umrnatig. ation of the ~tern to the/*fPO Bicycle and Pedcstrian Coordinator at least 14 days prior to the date of
the next scheduled meeting of the PAC. Any person deciding to appcal a decision of the Board n~ll need a
record of the proceedings pertaining thereto, and therefore ma)' need to ensure that a verbatim record of the
proceedings is made, which record includes the textimony and cvidence upon which the appeal is to be based
1. ADDENDA TOTHEAGENDA
2 APPROVAL OF MINUTES
3. OLD BUSINESS
A Discussion of Pathway Priorities for Local ,Funding
4 NEW BUSINESS
A Bus ]-our oflmmokalee
B Introduction of New Coordinator and a Summary' of Intent
C Briefing: FDOT V/ork Program Funding for Pathxvavs
D Implementation ora County Employee Commute Option Incentive Program
E. Briefing: PAC Membership
6. DISCUSSION OF ADDENDA
7. ADJOURN
MISCELLANEOUS CORRESPONDENCE
Hancoc~
Constant ln~ ,~--- _
Ilerr.y
MINUTES
PATHWAYS ADVISORY COMMITTEE MEETING
DATE: Friday, August 29, 1997
TIME: 8:30 a.m.
PLACE:
Conference Room E
Collier County Development Sen, ices Center
2800 North Horseshoe Dr.
Naples, FL
PAC MEMBERS
Robin Carver ABS
Cher Compton X
Mike Conway X
George Dondanville X
Michael Feldman ABS
Christopher Hagan X
William B. Kimberly ABS
Theodore P. Litwin X
Elizabeth Ann Winnic X
STAFF
Amy Taylor X
Ken Heatherington ABS
Gavin Jones X
Others Present:
Russ Muller. Transportation Services
FIo Mortenson, Naples Park Resident
CALLED TO ORDER: 8:37
PRESIDING: Mike Conway
1. ADDENDA TO THE AGENDA
Mr. Russ Muller requested to add a discussion of thc Naples Manor Sidewalks. Mr. Conway
agreed to add this discussion ms Rcm 3.C.
Ms Taylor informed the PAC members ',.hat Ms. Flo Mortensom a citizen of Naples Park. v. as
present and would like an opportunity to address the PAC regarding a proposed side~k project
along 6~' Street. Mr. Conway added this item as 1A.
A. Citizen Presentation on a Proposed Si&walk in Napka Park. Ms. ,Mcmcnson Ixwscntcd
her views as a resident of Naples Park. She requested that Thc PAC rcconsi&:r thc 6~' Street
Sidewalk project, arguing that thc lot sizes wcrc two small to accomm~taxc a sidc~-alk ;md thc
occurrence of walkers in the street acted as traffic calming. Mr. Con-ay tt',mk~ l'x:r for hex
presentation and agreed that the PAC would reconsider thc project.
16g- 1
2. APPROVAL OF MINUTES
The minutes were approved.
3. OLD BUSINESS
A. Report on the MPO's Final Prioritization of Pathway Related Projects Eligible for
Transportation Enhancement and STP Funds. Ms. Taylor reposed to the PAC regarding the
actions taken by the MPO. '['he MPO had prioritized Rural Safety Refuges as the number one
project. The PAC had ranked number one the Goodlette Greenway Phase III. There was
considerable discussion by thc PAC members regarding the MPO's selection of an another
project other than the PAC's top priority. Mr Conway directed Mr. Russ Muller, Mr. Chris
Hagen and the new BikefPed Coordinator to develop a criteria matrix for ranking projects
for consideration by the PAC at its next meeting.
B. Update on US 41 Reconstruction Sidewalk Design. Ms. Taylor provided a summary o[.
the Sidewalk Design as provided to her by the FDO'F Project Manager. The design would be a
typical urban cross section with the sidewalk at the curb. She reported also that the City of
Naples had plans to enhance the roadway improvement after construction was complete. Mr.
Conway directed staff to research the City's plans so that the PAC could consider
recommending a coordination of efforts between the County and City to enhance the area.
C. Naples Manor Sidewalks. Mr. Russ IXlullcr gave a review of how the funding was expended
this fiscal year with a summary of how thc remaining funding $83,250 should be expended in
the Naples Manor area. Specifically, .',Ir. MuLler requested that the PAC consider Trammel Road
instead of Johns. He said that the County would rD' to do both if there ,.,,'as enough funding, but
that Trammel should be the priority. Mr. Chris ltagcn motioned to approve Martin, Georgia
and Trammel Roads and add Johns if the tolal expended did not exceed $83,250. Mr.
George Dondanville seconded the motion. The motion passed unanimoush.'.
4. New Business
A. Discussion of Pathway Priorities for Local Funding. Mr. Russ Muller provided a review
of the projects on the draft priority list. There was discussion among the PAC members of the
importance of the lmmokalee area. A concern ~,,'as expressed that familiarity with the area would
be useful when prioritizing. Mr. Conway directed staff to arrange for a bus tour of the
Immokalee area for the next meeting.
7. ADJOURN
Meeting was adjourned at I 1:34.
EXECUTIVE SUMMARY
Di:,zusr, ion: P~t,h,~'sy ,t:'rieri6es for l, oca.~ Funding
Objective: For Lhe PAC m continue th: cwahmt¢ and r. clect pathw'a-,:' proj~Ls for
Cotmty lecal fmxling.
Co~Jdernt~Js: At the August 29, 1997 mot. ting the t ^ ~ ~',<8~ the prm'~ of
~ ~w~ p~nti~. T~ PAC mem~p: ~II con~,i&r pr~v,~ ~ons for
I~ ~ a ~ ~ ~ mmmcniD'
At tl~ Nov~rala:r 21 meeting PAC rm~-i;ng mem.~;g v, sil r,ecumsl~rv~ wi:ut the'/
ptn~ave to !:~ the. mg~t l:nv. aaiag rw. ed~ ~aung to ac. ca~ibilit)' fgr pe. dv.g.q~ and
bicye.!~ for ~ C~ DiaLrict. ~be PAC sh~mld roo/ider e~ch p,,'cgpoaex!
~ and cOallr~ik~ a list of pt~jecl pr:oritics fqr e~ch '*, '
d~.~ncl.
The Pathway Wm'k Program r-"Y 97/98 - FY 01/02 a:,~ a nh'q~ of comrm~ion District
bouatariea ia attacherL l~roJocU at the tap Iv.s: yr~' ,Mrvr. been cons{reeled a~xt
sut:aleq-~mtly dm~Ixal form tt~c Wcnk Program. Ne~,ly-mopor,~x~ projt~s ari~ng from
cifi:zel~ reque:a~ are ilmltwJed at the e~ ~ e~,ch Di~,,-n. cl's lisl
Staff Recommendatlon~: i or PAC t,~ c-cah:;q~: hmr:o~.2!,~c i..,~ih:,-'4y ?:x'ds and
continuc lo identi~ pathway prioritms
Prep~wed : ~ , . D~te: ~ 1997
- ~, .. , .. Cc*ardir, ator
Motion:
Made by:
Second by:
Vote:
16G
1
16G 1
x
16G 1,
EXECUTIVE SUMMARY
Bm Tour of tmmok~tet
O~.__i,,2,e~._. To Pmvid~ tl~ PAC with a hand,on asr. c~mtmt cf lmmokal~ pathway
n~ ~1 a ~ ~1I of tl~ ~trmnmil7'~ c~ and culture.
Same ~ Connider~ons for agenda Item 3A. A map oftl~
lmmokalee s_~a Is attach~
St~ff ]R~.~mm,md~om For tl~ PAC to evaluate Immokaicc pathway n~ds and
continue to i_8~a_ tify pathway prioriti~.
Meeting
[Modon:
Mack by:
16G I!
LEE COUNTY
III
16G I
EXECUTIVE SUMMARY
New Coordinator Introduction n~ad
Sunmmr7 of Int~t
O~]ecth~. To a~qnaint th~ PAC with the ~ Bic'y. c1¢ and Pedestrian Coordinator
and m~h his [~tls and vision for tl~ program.
St~f R~ommendltl~: For the PAC to welcome tl,.e r, ew coordinator and promde
continued support and enthusiasm for the program
K~C. He~therington. AICP. i?O ('.oordim~,or
Mcctin~ Notes
[MoRion:
I Made by:
Second by:
Vote:
16G 1
October 14, 1997
To: PAC Members
From: Jeremy Barns, Pedestrian and Bi%'cle Coordinator
Re: Introduction and Background Infonruation
Hello! If I have not already called to introduce myself as your new MPO Bicycle and Pedestrian
Coordinator allow me to do so now. My name is Jeremy and I am coming to Naples from Ohio
where I recently completed my master's progrmn in Cormnunity Planning at the University of
Cincinnati. I spent last sununcr as the totem for thc Peciestnan Program with the CiD' of Portland,
Oregon. Prior to tha.:, I lived in Seattle while attending tb£ University. of Washington.
These cities represent extrcraes of the bi%'cle atd pedestrian spectrum. Thc Northwest cities, fairly
new and autocenthc, have undergone extensive efforts in the past twenty )'ears to provide a more
human scale through urban infili and retrofits to accommodate foot and bike traffic. Cincinnati, a
historic c~ty settled in the mid-eighteenth century, was at one time a ccmpact walking city, but
through policies of suburbanization, road widening and inattention to pedestrian needs, has grown
increasingly hostile to human traffic.
As I come to Naples, I see a community on the verge of growing up. Major decisiomq in land use
and tram~rtation in the next five years will have a la.rang impact on the way Collier County
develops and bev, omes the place that our children ~411 inherit. It is my goal to see that w6at is
implemented locally draws from the achievements of model cornm~mities and avoids the mashaps
that for others have led to sprawl, congestion and isolation.
As a member of the PAC, I'm sure you shaJe some of these same stmtiments. I thank you m
advance for your continued support a~xl look forward to working w/th you to better define thc
pedestrian and bicycle enviro~Lrnent of Collier County,.
Napl~ (Collier County) Me',,"opolimn Ptvaming Organization
2800 Neath Ho,r:~..~hoe Drive
N.'ple~, FlOnd~ 34104
'FEL (941 ) 403~2400 FAX (941) 643-6968
EXECUTIVE SUMMARY
Briefing: FDOT Work Progr~'a Pstthway Funding
Objective: To inform the PAC oflhe 1998-99 FDOT app~ions for l:~hwaT
Each year tim h4~O fcvward~ a li.~l of unfun~ pro?:x,'l priorities to
feam'bk Luto itt Five Yeaz Work Program.
Al tim July 2, 1997 megrims t]~ PAC nmde its recomn~ndafions for FDOT-fundod
Imthw~ comaraetiom Altar. J~xl for review ~ comparison are the [is~ of PAC requests
St~ff ~d~tt~: lnfbrma~on~l item only. No action required.
Meeting Note~
Motion:
Made by:
Secooel by:
Vote:
16G 1
EXECUTIVE SUMMARY
Implementing a County Employc~ Commute Option
Incentive Pro, ram
Obj~Sa~: To ha"~ tl~ PAC recommend that the Count)' take st.~ to offer cmployee~
an ~ proSmm that wonld rc~ard commuter~ wtm choose to walk. bikc or
carpool to
~,M.~oa ofth~ T _a3~a~ Rc[~ ~ for tl~ tim ~ allo.~ emplo3~r~ to
~aa~ary ~ to ~zq~oT~s choosing not to am b~e parking.
who wired to impi~a~m such a pro,am woOd have boe~a t~mitti~
pm{ting a taxable be. zadit, thcm~ cxp(~ng all employee parking to h'tx liabilitT.
Thc Co,my has not ye~ i~tcd a Tranal3onation Dmnand ~g~m ~
~ ~ ~ ~ ~.m~ ~r~u a 1~' ~ or ~ ~ f~ ~c
An attached US DOT m~mo o~tlin~ the prt~sion in detml.
Stall' R~:om~datl<~: For PAC mcmbem to rec. o~,d Cc. taffy adopOon of an
EmploT~ Commute Option Incentive Program.
Motion:
Made by:
Second by:
Vote:
Fedlral Transit
Administration
Federal Highway
Administration
16G
C-9 7-',~
Refer to: TBP-IO
HPL-I
Dear Collea.~ue:
I am pleased to ~nform ?ou that on August 5. lqq?. the Ta.xpa?er Relict' Act ot. t9q7 ~ TR..\).
Public La~ t05-3~. ~'as stoned into la~ by Prcstdcnt Ctmton. This Act made numerous ch~cs
to thc Internal Revenue Code ~[RC/. ~ncludin~ a provtsion pc~i~ln~ employers ~o offer
employees thc option of acccpung a t~xable sal~ equwatent in lieu of t~x-free p~king ~ncli~.
This provision ~'~ p~ of o~ surface tr~sponat~on reau~on~non pi~. the ~at~o~ Economic
Crossroads Tr~mat~on Efficiency .qct INEXTEA~.
Prior to passage of the TRA. thc IRC prohibited employers from offenng empLoyees thc choice
bct~'een a tax-flee parking benefit and a taxaNe salary cquiva[ent. If such a choice was ot't'ct~
by employers, the parking benefit would no longer be treated as tax free. regardless of whether
an}' cmployc~' chose to receive thc taxable salary, equivalent.
Under thc changes made by the T~. cffcctwc dunng tax .,,'cars beginning after DcccmC)Cr 5 I.
It)t)7. employers may now offer employees the option of receiving either tax free parking or
taxable salad' ,.,,ithout tosmg the parking ~ax exemption for those employees ~ho choose to keep
their parking spaces. Thc TRA does not affect either thc transit or vanpool benefit program
pro',~s~ons. The actual language of the revised Section t32/f)(4~ is enclosed as ,.,,eli as a paper
prepared by Apogee Research that explains the commuter benefit provisions of the Act.
This chan_~c ?,'cs employees greater freedom to choose how thcs' commute to ~ork. ~,lthout
affecnn_~ thc IRC provision that exempts up to SI70 per month for parking benefits and up to S6~
per month m transit or commercial ~,anpool scrvtccs from Federal and most state income and
pas. roll taxes. Employees whose only transportation benefit is parking can no~ accept a salar?'
er,~hanccmcnt instead. [cave his, her automobile at home. and usc transit, walk. s anpool, caf'pool.
or nde a bicycle to ~,'ork. This greater (~exibilit.',' should reduce sin_~l¢ occupant ,,chicle trips from
our h~ghways and ~hcrcforc contribute ~'o reduced congestion, a cleaner cns ~roru'ncnt. and
~ncreascd energy conservation.
Please encouraR¢ ~our constituents, membership, and customers to take adsanta_~c o( this chan_~¢
',o the IRC. Pr~in~ sa!a~ ~nstead ol'a patk]n~ sp;~ce ~il[ not mcre~c costs to employers. On
the contras, b) ~mprostn! and m~in! emploFec benefits more t]extb[e, employers ~ii be~er be
able to a~r~ct and retain h~!hl) mousated ~nd s~e[~-qualified emploFees to meet the chalien~es
~hat lie ahead.
i6G 1
(~¢)MMI TEr BENLFI Ts ?RO\ Inl()\s ()F FIlE 'F ~X? NN ER ~ELIEF ACT OF 199',
Commute benefits, sometimes called transportation Fringe benefits, are items such as
parking spaces, transit passes, vanpools, bicycle lockers or changing facilities provided
b.'.' employers to defray the costs to employees of transportation to and from work. The
Taxpayer Relief Act of I c~c~? makes offering a menu of commute benefits tar more
appealing to employers. Downtown employers and their employees are most likely to
take advantage of the new tax law provisions.
l'he new law will aid et'ions to attract and retain a downtown workforce. Increased
availability of the tull menu of tax-exempt commute benefits, combined with the choice
to take salary, instead of certain benefits, is expected to create noticeable net shifts in
commute modes, pnncipally from single-occupant driving to carpooling and transit. The
la~v will improve air quality commensurate with its impacts on transportation mode-
share.
Ahhough individual employers must ultimately take action, sta~e and local governments
and transportation management agencies can take steps to create beneficial economic.
transportation and air quality outcomes from the new tax law. These steps include:
expanding transit pass programs I referred to as Transit Check); using multiple
transportation options. ~nstead of just parking, to attract and retain downtown employers:
reexamining parking-related zoning practices: conducting outreach to employers: and
offering comprehensive commute benefits to their own employees.
WHAT .ARE COMMUTE BENEFITS?.
Commute benefits ldefined above} are typically purchased by employers and offered in-
kind to employees. The most common commute benefit offered to employees in the
United States. indeed the most common fringe benefit of any kind, is employer-provided
parking. A study by KPMG/Peat-Marwick finds that employers spend 536 billion
annually on employee parking. A number of surveys have shown that 90% or more of
the non-farm labor force is eligible for free parking at work and that nearly all ,.*,'ho are
eligible for parking drive to work alone. Even in the central business districts of cities
~sith populations above three million, employers provide more than half of the parking
used by those who drive to work alone.
Though commonplace in the early part of the century, employer-provided transit benefits
all but disappeared until a tax exemption was created for them in the Energy Policy Act
of 1992. Transit benefits are geneF, dly provided to employees in the Form of passes
bought from transit providers or transportation manag:ment associations in
denominations of $10 or more. with colorful names such as TransitChek. MetroChek. T-
Bill. and others (we refer to these as Transit Check irt this report). The U.S.
Environmental Protection Agency {EPA~ estimates that about 1% of the non-farm tabor
Page I of 6
u $ ~e~a~rnen~
~f Tran$1~r~at~on
Federal Tran.it
Ac~mlni~ltration
Federal Highway
Adminiatration
i6G
SePtember -~, :997
C-97-~,6
Ret'er to: TBP-IO
HPL-1
Dear Colleague'
I am pleased to reform .'.ou that on August 5. lgq?. the Taxpayer Retief Act or' 1997 I TR. AI.
Public La,,,,' t05-34, v, as s~gned into lab by President Clinton. This Act made numerous changes
to the Internal Revenue Code ([RC'~. including a provision permitting employers to offer
emplo.,.ces the option of accepting a taxable salar?.' equivalent in lieu of tax-free parking benefits.
This provision was part of our surface transportaUon reauthonzauon plan. the National Economic
Crossroads Transportation Ef'ficienc.v Act I.NEXTEA).
Prior to passage of the TRA. the IRC prohibited employers from offenng employees the choice
betx,,'een a tax-fr~e parking benefit and a taxable salary equivalent. If such a chosce was offered
by employers, the parking benefit would no longer be treated a.s tax free. regardless of whether
any employee chose to receive the taxable salary, equivalent.
Under thc changes made by thc TRA. effective dunng tax .,,'cars beginning after December .3 t.
lqqT. employers may now offer employees the option of receiving either tax free parking or
taxable salad' without losing the parking tax exemption for those employees who choose to keep
their parking spaces. The TP~& does not affect either the tran. stt or van~oi benefit program
pro,. ~s~ons. The actual language of the revised Section t32(f')(4~ is enclosed a_s w'et[ as a paper
prepared by Apogee Research that explains thc commuter benefit provisions at' the Act.
This change gives employees greater freedom to choose how the'..' commute to work. ~,'ithout
affecting the IRC provision that exempts up to S t '70 per month t'or parking benefits and up to S65
per month m transit or commercial vanpool set, ices from Federal and most state income and
pa.,. roll taxes. Employees whose only transpoc~ation benefit is parking can no,a accept a salad'
e~ancement instead, leave his. her automobile at home. and use transit. ~vaik. ,.anpool. caf'pool.
or nde a bicycle to work. This greater tlexibiiit.v should reduce single occupant vehicle trips t'rom
our htghways and therefor~ contribute to reduced congestion, a cleaner envirorument, and
~ncreased energy conse~'auon.
Please encourage .'.our constituents, membership, and customers to take ad,. antage oi' this change
to the IRC. Pro,.~ding salar>, instead ora parking space will not increase costs to employers. On
the contrar>, b,. impro,. ~ng and making emplo.,.ee benefits more r~exible, employers x,.'~tl berber be
able to at'tract and retain h:ghl? motivated and ~,.eil-qualified emplo.,.ees to meet the challenges
that lie ahead.
16G 1",
[I~ou?,w,¢an." qucsuons c¢_~ard~ng thcs¢ chances to the IRC. plcas¢c°ntact \lr \~,~JlJam B.
\lcnczcr. Fedcrnl Transit .-Xdm~mstrat~on. on ~iOii 360-4060 or \Ir [hemas P K~an¢. Federal
Gordon ,b ~nton
-~dmmtstrator. Federal Transit
.-~c~ml nlslr~.l, lon
Sincerer? ?ours.
al.i. cting Administrator. Feder
,~dmmistrauon
Enclosures
i6G
Co~1',11. TER BET, EEITS PRO~, ISIO\S OF TIlE T ~,XP ~,'~ ER RELIEF .&CT OF 1993'
Commute benefits, sometimes called transportation fringe benefits, are items such as
parking spaces, transit passes, vanpools, bicycle lockers or changing facilities provided
by employers to defray the costs to employees of transportation to and from work. The
Taxpayer Relief Act of 199'7 makes offering a menu of commute benefits far more
appealing to employers. Dovmtow'n employers and their employees are most likely to
take advantage of the new tax law provisions.
The new law will aid efforts to attract and retain a downtown workfotce. Increased
availability of the full menu of tax-exempt commute benefits, combined with the choice
to t~e salary instead of certain benefits, is expected to create noticeable net shifts in
commute modes, principally from single-occupant driving to car'pooling and transit. The
law will improve air quality commensurate with its impacts on transportation mode-
share.
Although individual employers must ultimately take action, state and local governments
and transportation management agencies can take steps to create beneficial economic.
transportation and air quality outcomes from the new tax law. These steps include:
expanding transit pass programs Ireferred to as Transit Check); using multiple
transportation options, instead of just parking, to attract and retain dow-ntown employers:
reexamining parking-related zoning practices; conducting outreach to employers: and
offering comprehensive commute benefits to their own employees.
WHAT ARE COMMUTE BENEFITS'?.'
Commute benefits (defined above) are typically purch,ased by employers and offered in-
kind to employees. The most common commute benefit offered to employees in the
United States. indeed the most con,non fringe benefit of any kind, is employer-provided
parking. A study by ICr'MG/Peat-Maa'wick finds that employers spend $36 billion
annually on employee parking. A number of surveys have shown that 90% or more of
the non-farm labor force is eligible for free parking at work and that nearly all who are
eligible for p~ki. ng drive to work alone. Even in the central business districts of cities
with populmions above t~ee million, ernployers provide more than half of the parking
used by those who drive to work alone.
Though commonplace in the early part of the century, employer-provided transit benefits
all but disapi:~m'efl umil a tax exemption was cre,~ted for them in the Energy Policy Act
of 1992. Transit benefits are, generally provided to employees in the form of passes
bought from transit providers or tr~.n.sportation management associations in
denomirmfions of $10 or more, with colorful names such as TransitChek, MetroChek. T-
Bill, and others (we refer to these ;m Transit Check in this rel:~rt). The U.S.
Environmental Protection Agency (EPA) estimate= th,at about 1% of the non-farm labor
P~e I of 6
16G 1
~,I'¢)(;EI.. |~I.:~E ',,RUIt.
force is offered transit benefits at ',sork. but there is no data on acceptance rates. Also.
is thought that transa benefits do not b pically cover the t'uli tare.
T,~,x LAW AND CO,MMLTE BENEFITS
Federal law offers imponant tm advantages to employers who provide employees with a
choice of commute benefits.' Thc law allows employers to provide commute benefi~
with pre-tax dollars. The cost of these benefits is not taxed as income. Commute
benefits for which favorable tax treatment is allowed include:
',- Up to $170 per month of parking at or near the work site
,, Up to $65 per month o[' public transit for work commute transportation
3, Up to $65 per month of vanpool services for work commute transportation'
Most employers have provided tax-exempt parking to their employees for many years.
but few added vanpool or transit benefits when these were created in 1992 or allowed
employees who did not drive to exchange parking benefits for salary. This was because
tax-exempt commute benefits could only be provided in addition to salary. To offer
more commute choice, employers had to give their employees a raise. Few were willing
to increase their compensation and benefits budgets for this purpose in an era of
downsizing in the public and private sectors.
The Taxpayer Relief Act of 1997 makes offering a menu of commute benefits far more
appealing to employers. The new law effectively allows an employer tofinance commute
choices with money already being, spent on compensation and benefits. Employers who
presently spend money to provid, tax-exempt parking can now offer employees the
additional choices of taxable cash or tax-exempt (up to the dollar limits described above)
transit or vanpool services. Employers who do not presently spend money to provide tax-
exempt parking can now offer their employees who drive the ability to pay for parking
with pre-tax salary, and may be able to offer the choice of tax-exempt transit or vanpool
services as well.* Under the new law, employers can offer an expanded menu of
commute benefits that increase employee welfare within existing compensation and
benefits budgets, and in some cases, with net savings.
' Federal tax law related to commute benefits is contnined in Section 132(0 of thc Internal Revenue Code,
which is Title 26 of the United States Co~:. Federal haws (rela:ing to Federal income and other taxes} are
generally in--ed by reference into state taw (relating to state taxes). The changes discussed here will
generally h:vc similar imDacls with respect to ste~'e a..~d lccal income taxes where th, ese exist.
' The doilal' limits on all of'die comn'm',~ benefits are indexed to inflation. They will rise over time (~ $5
increments) in prol>ortion to cost of living indicatcws.
· However, the new law does not permit employers who offer only tax.exempt transit and/or vanpool
benei'na to provide either of these benefits in lieu of s~lary or other forms of compen.s~ion.
Page 2 of 6
16G 1
Do,.~.ntoxvn employers and their employees are most likely to take advantage of the ne,.'.'
tax lax,.. I'ransportation alternatives offer their best services to do~.~nto'.~.n '.,,'ork sites.
[3o~.~ ntog. n parking spaces are typically sold in discrcte fashion, i.¢. on a space by space
basis, making it relatix¢ly easy for employers to shift spending betv, een parking, other
tax-exempt commute benefits, and salary.. Moreover. downtown employers have
s~nificant incentives to depart from current practices. Downtown parking garage
re~.'enues rose by 3q% betv. eent c)87 and i 9c~2. according to the Economic Census of the
United States. Toda?'. in the downtown areas of even mid-sized cities such as St. Paul.
individual parking spaces sell for as much as $220 per month. Parking costs are rising at
a rate faster than inflation. A study at the University of California at Les Angeles finds
that inflation-adjusted construction and maintenance costs nearly doubled between the
1960s and 1990s. due to rising land and construction costs as ,.,,'ell as the need for tighter
secu.qty and safety in parking lots.
Downtown employers consider transportation an important factor in workforce retention
and attraction, and the new tax law offers signiticant potential benefits in this area. A
study of eight Southern California employers who began offering their employees the
choice to take cash in lieu of parking benefits reveals a high degree of satisfaction with
the program among employees and employers. Several employers described their
programs as effective employee recruitment and retention incentives. Program
Administrators characterized the program as "a really good experience". "recommended",
"fairer". 'weD' little administrative burden" and "loved by employees." In New York and
Philadelphia. 70% of emplo?ees reported a more positive view of their employers after
they began offering Tr,'msit Check.. When asked to rate the importance cf commute
benefits to employees. -~8% of New York and Philadelphia employers labeled them ",.'er,,'
important" and another ,40% labeled them "somewhat important."
The new tax law may have longer-term implications even for suburban employers, who
own or lease parking in large blocks and provide it free of charge to employers nea. rly
100% of the time. Such employers may wish to offer additional commute choices to
limit the cost of'constructing new parking, where existing supply is limited, or where
driving to work must be reduced to address regional congestion or air quality concerns.
Although suburban work sites are often inadequately served by transit, studies show that
when offered an array of commute benefit choices, three-quarters of those who leave their
cars opt for carpooling and telecommuting. The appeal of commute benefit choices is not
solely dependent on the quality of public transit service to the work site.
Page 3 of 6
16G 1
l'R ~$~POR~ ~ FIO\ IMPACTS
Increased availability ol' the t'uli menu of tax-exempt commute benefits, combined with
the choice to take salary, instead of certain bene(~ts, should create noticeable shifts among
transportation modes. The magnitude of these shifts will depend on many site-specific
factors and. most importantly, on the manner and extent to which employers respond to
the incentives created by the new tax law. Eight Southern California employers v, ho
began offenng their employees the choice to take cash in lieu of parking benefits
observed a 12% decline in the number of cars driven to work within one year. The use of
carpooling nearly doubled. In the New York Metropolitan Area. between 16% and 23%
of employees who previously drove to work had switched to transit as their primary.
means of commuting less than a year after their employers began offering Transit Check.
And. while it is commonly believed that transportation alternatives appeal most strongly
to persons with lower incomes, the law firm of Sidley & Austin found that $5% of its
Chicago workforce regularly used transit after the firm began offering Transit Check.
For those relatively few employees who are not presently eligible to receive tax-exempt
parking from their employers, the new law's impact on mode-share is uncertain. The law
gives employers the option to allow these employees to conver~ taxable salary, to tax-
exempt free parking. This ,.,,'ill lead some individuals to abandon other transportation
modes in favor of driving alone. But such employers might also begin offering the other
tax-exempt commute benefits, transit and vanpoot services, which wculd attract some
individuals to these alternatives.
AIR QUALITY IMPACTS
Thanks to mandatory controls, motor vehicle emissions are a declining share of the urban
air quality problem. According to ~PA. highway vehicles made up 31% of nationwide
emissions of pollum.nts that cause urban smog in 1995. However. EPA has recently
finalized rules tightening ambient air quality standards for soot and smog. There is also
rising concern over U.S. emissions of greenhouse gases, a third of which are from motor
vehicles. Environmental considerations will remain important factors in transportation
policy for govemmer, ts and for private finns.
The new tax law should improve air quality commensurate with its impacts on
transportation mode-share. State and local govenunents, as well as individual employers.
may be able to us~ the options created by the new law to meet environmental objectives.
To'help mee~ tougher Clean Air Act :;m. ndards in California, for example, a 1991 state
law requires certain employers in poiluted areas to offer the choice of cash to employees
who receive free parking. The Taxpayer Relief Act of 1997 effectively permits
California employe~ to comply with State taw without inctu'ring negative tax
consequences. In other places, programs to encourage employers to offer Transit Check
and other employee commute options offset the need for more expensive pollution
controls. Finally, EPA estimates that passage of the new tax law will reduce greenhouse
gas emissions by I - 2 million metric tons in the year 2000.
Page 4 of 6
..Xlthoueh individual ~mplovcrs must ultimatdv take action, state and local ~ovemments
take steps to create beneficial economic, transpo~ation and air quality omcomes from
nexs tax la~'.
. Offer Transit Che~k. Large-denomination tr~sit passes are a convenient
way for employers to purchase tr~sit se~'ices l~r their employees.
E~plovers are'unlikely to ol'fer tr~si~ as p~ of a comprehensive package
commute benefits ~'it~out Transi~ Check. because of the inconvenience ~d
because of the difficulty of maintaining records for tax pu~ses. The ~st
Tr~sit Check prosrms allow employers to purch~e passes that work on all
regional transit systems, e.g.. bus. light rail and commuter rail. The New York
5~etropolit~ Tr~sit Authority e~ed $1 million in revenue from new
ndership ~ithin one year of a 5500.000 investment in Transit Check.
~ Use multiple transpo~ation options, instead of just paring, to attract
and retain downtown employers. Many municipalities have historically
used free municipal parking ~ ~ incentive for employers to locate
downtown. For example, the C~ty of St. Pauk recently ~ounced plus to
provide 400 subsidized p~king spaces to keep a business do~tow~. Under
the new tax law. cixies can encourage employers lo offer a menu of commute
benefits as a way to mm~age demand.
~ Reexamine zoning practices. Municipalities often require new buildings
info.orate more p~king spaces than people. ~is practice increases
development costs ~& vim~aily gun.tees that employers will offer only free
p~king. Minimum p~king requirements should be based on reasonable
projections of parking dem~d, accounting tbr the impacts of the new tax law.
Also. municipalities should continue the trend tow~ds zoning requirements
that encourage transit-oriented ~d transit-accessible development.
~ Conduct Outreach to Employer~. Many employers ~e ~aw~e of the
~tential of comprehensive co--ute benefits for themselves or their
employees. State ~d local agencies. ~ well = tr=s~nation m~agement
=~iations. can play ~ impon~t role in this ~ea.
> Offer comprehensive commute benefits options to government employs.
Gove~ent agencies typically iag behind the private sector in implementing
com~nsation ~d benefits packages that incre~e employee welf~e. Public
agencies do not res~nd to the same tax incentives as private employers ~d
they tend to be l~ger more complex org~i~tions. However. tz=s~tion
=g environmental agencies c~ set an impov.=t exmple in the ~ea of
commute benefits wh~le incre~ing employee satisfaction within tight fiscal
Page 5 of 6
16G 1
Nlctropolitan Pkmnin~ Orga.nizatmns and state cn~'~ronment:q agencies should also
cx.~min~ the linkaBes b~tv.'een these pro,rams and fitat¢ Implementation Plans to at,mn
ambient air qt~liw, st~.ndards required b~ the Clean Air Act. ]-he n¢~' tax l,qw may
~mpact a state's ba. scline sir quality for¢c~ts or. perhaps in combin:~tion with the actions
described here. constitute a "Tra. nspor~afion Control Me~ur¢" to achieve needed
reductions in pollutant emissions.
Page 6 of 6
1
COMMUTER BENEFITS
PROVISIONS OF THE TAXPAYER
RELIEF ACT OF 1997
August 15. 1997
NOTE: READERS ARE URGED TO CONSULT WITtt THE UNITED
STATES INTERNAL REVENUE SERVICE OR WITH A TAX
PROFESSIONAL FOR SPECIFIC GUIDANCE ON MATTERS RELATED
TO FEDERAL TAX LAW.
Taxpayer Relief Act of 199'7
Public Law 105-34
SEC. 1072. ELECTION TO RECEIVE TAXABLE CASlt COMPENSATION IN LIEU
OF NONTAXABLE PARKING BENEFITS.
(a) IN GENERAL - Section 132(0(4) (relating to benefits not in lieu of compensation) is
amended by adding at the end the tbllowing new sentence: "This paragraph shall not apply to any
qualified parking provided in lieu of compensation which other'w/se would have been includible
in gross income of the employee, and no amount shall be included in the gross income of the
employee solely because the employee may choose between the qualified parking and
compensation."
lb) EFFECTIVE DATE - The amendment made by this section shall apply to taxable ye .rs
beginning after Decem~r 31. 1997.
EXECq. ITIVE SUM M P, JRY
Briefit~g: ['AC Memberx~.ip Recru~nu.'~'t ~m<! Renewal
the PAC. For PAC p.~=ob~',~ Io ~ i.~ Io ~;~p~. ~' ~
161-1
A(;REEMENT
~'~-' "~ _-~_~ ] c,- 1907. by
-~ · day of'__\._.:
THIS AGREEMENT is cnlered into this ?.
~ belween ttlCKORY B.,\Y \VF. ST CONDOMINIUM ASSOCIATION, INC. a Florida not-for-
profit corporation (file ',.\SSO('i,,\TION"), and COLLIER COUN-¥Y, FI.ORIDA (the "COU, T'~ ).
WHEREAS, ms a cond;6c, n to that cerlain Stipulated Final Judgment between tile COUNTY
and the ASSOCIATION tam,mt: ~,ther parlics/the COUNTY was to provide an additional drainage
inlet on the ASSOCIATION's'properly and connect same to the existing drainage facility;
WHEREAS, the COL 15 has dctem~ined that it is advisable to clean and flush the existing
drainage system in conjunctkm ~,ith thc installation and connection of the nc,,,,' drainage inlet;
WHEREAS, the COUNTY has requested tile authorization of the ASSOCIATION to
proceed to flush and clean ~he existing drainage system, provided it is acknowledged by' the
ASSOCIATION that the COUNTY shall have no additional responsibility with respect thereto.
NOW, THEREFORE, lbr and in consideration of the sum ofTen Dollars ($10.00) and other
good and valuable consideration paid by the ASSOCIATION, the receipt of' which is hereby
acknowledged, the parties hereby agree as follows:
I. The ASSOCI,.VI'ION hereby grants unto the COUNTY the right to enter upon the
ASSOCIATION'S land for tile purpose of flushing and cleaning the existing drainage
system at the cost and expense of the COUNTY.
Upon comple~ion of the work by the COUNTY as described above, the COUNTY
shall have no lhrther responsibility except as otherwise provided itl that certain
Stipulated Finai 5udgment recorded at (_).1",. Book 2116, page i962. cA seq. oi'
Public Records; of'Collier County, Florida.
IN WITNESS \VI tF.I~,iL( )F. the part es have caused these presents to be executed the date and
year first above written
WITNESS' ttlCKORY BAY WEST CONDOMINIUN1
,.\SoOCIATION, INC.
Don Stratford President5/
QBNAD. 132511.01
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me thru..*, day of
Cf. (,.~ b~-',' , 1")07. bv [)on Straftbrd, as President ofllickory Bav West Condominium
Association, Inc., who is personally known to me or who has produced
~T'>,'*~. ~,'~, [,c ~ ~ ,.~- as identification.
PE~Y ~ SHOVAFt
BOARD OF COUNTY COMMISSIC~'iEP..S
OF COLLIER CCXjN2~, FLORIDA
Notary.,Public
Typed/P51n{ed Name of N~-a-~
My Commission Expires
· ;'. ,l ' _
By:
TIMOTHY L. HANCCtZR, Cha ~ ~rm"ln
Wi #1
Lawrence ~acek,
Assistant Coun~orney
Witness #2 AT'FF.,ST:
[~IGHT E. BROCK, Clerk
'~TATE OF .
UNTYOFCC ,~ , ~'"/. / ,,' // ' /, [~-'~
~ The tbregoin, vas acl:no,,iedged belbre~th~ dayof
person known to me or w o h
. .. ,'
PCZ% aS Idcnt,tlc
~rov~ as to Eom and
l~al sufficiency:
Lawrence S. Pivacek
09ou. W tto= v