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Backup Documents 11/25/1997 RNovember 25, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA N~ve~her 25, 1997 9:00 A.M. ALL PEP~)NS WISHING TO SPEAK ON ANY AGENI~ ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON T~IS AGENIk% MUST BE SUI94/~ IN W1AITING WITH EXPLANATION TO THE COUNTY ~STRATOR AT T.F~ST 13 I~AYS PRIOR TO THE DATE OF T~R M~U~TING AND WILL BE HEARD UNDER "FOBLIC PETITIONS". ANY PERSON W~O DECIDES TO APPEAL A DI~CISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PER~ THERETO, AND Tm~EFORE MAY NEED TO F3{SURE THAT A VERBATIM RECORD OF THE ~IN~S IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ALL REGIS~ED PUBLIC SPF2%KERS WILL BE LIMITED TO FIVE (5) ~ UNLF~S PERMISSION FOR ADDITI~ TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR T~R HEARING //~PAIRED ARE AVAILABLE IN THE COUNTY C(~MISSI~' OFFICE. LUNCH RECESS ~ FOR 12:00 N0(~ TO 1:00 P.M. 1. INVOCATION - Rev. H. Peter Lyberg - Shepherd of the Glades Lutheran Church 2. PLE:DGE OF Ann~]3,=~,~--'E 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted w~th cbaxlges 5/0 APPROVAL OF MINTJTES Approved as Presented 5/0 A. October 28, 1997 Regular meeting. B. November 3, 1997 - Joint City-County Workshop. C. November 4, 1997 - Regular meeting. 5. PROCLAMATIONS AND SERVICE A. PR~TIONS Page 1 November 25, 1997 1) Proclamation proclaiming Monday, December 1, 1997 as World AIDS Day. To be accepted by Charlene Wendel, President and CEO of Planned Parenthood of Collier County and Russell Fox, member of the World AIDS Day Committee. Adopted 5/0 2) ?zoclamation recognizing Karen Bishop of Professional Management Services, Inc. for her volunteer efforts on the development of Sugden Regional Park. To be accepted by Karen Bishop. Adopted 5/0 B. S ~"~I CE A~ARDS Presented 1) Noemi Fraguela - EMS - 10 years 2) Kelly Pierson - Library - 10 years 3) Teresa Thomas - Airport Authority - 10 years 4) Michael Widner - Library - 5 years 5) Timothy J. Constantine - Board of County Commissioners - 5 years 6) John C. Norris - Board of County Commissioners - 5 years C. PRESENTATIONS Deleted 1) Presentation of "Phoenix Awards" to recognize EMS Paramedics, who through their skills and knowledge, have successfully brought back to life an individual who had died. A~PROVAL OF CLEI~K'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS o COUNTY~STRATOR'SREPORT A. COMMUNT~ DEVF/~)~&~~AL S]~VICES 1) Community Development and Environmental Services Division staff report on a proposed work program to investigate alternative residential density scenarios and the resulting transportation network impacts. Staff to come k~ack in six weeks. Page 2 November 25, 1997 B. PUBLIC WORKS 1) 2~ 3) Present additional information regarding the Road Impact Fee for the Sports Authority Building as requested by the Board, and to request approval of the Road Impact Fee. Staff recommendation approved 4/1 (Com~{ssioner Norris opposed) Recognize, approve and appropriate a portion of the Marco Island Beautification M.S.T.U. Fund 131 Reserves for continued median landscape refurbishment on South Barfield Drive. Approved 5/0 Approve a recommended lighting option for the U.S. 41 Widening Project between Airport Pulling Road and Davis Boulevard, a Florida Department of Transportation Project, that is currently under construction. Option A-1 as detailed in the Executive S,~mmary Approved 5/0. 4) Award construction contract to Steve A. Clapper & Associates of Florida, Inc. for Imperial West/Landmark Estates drainage improvements, Bid No. 97-2738. Staff recommencLation approved 5/0 Moved from Item t16B2 5) Approve in concept, the Big Marco and Capri Pass Inlet Management Study and authorize submittal to the State of Florida Department of Environmental Protection. Staff recommendation approved, removing Iteu~s 15 and ~6 as indicated in the executive s,rmmary. 5/0 C. PUBLIC S~RVICES D. SUPPORT SERVICES Eo Added 1) CO~ AI]MINISTRATOR Interlocal Agreement between the City of Marco Island and Collier County for a temporary Interim City Manager. Approved 5/0 F. AIRPORT ALVI"riORI~f 9. COUNTY AR'FORNE"f'S REPORT Resolution ordering and calling for the initial election of members to the Board of Supervisors of Lely Community Development District by qualified electors, to be held by paper ballot on January 6, 1998, as set forth in Section 190.006, Florida Statutes, as amended. Res. 97-443 - Adopted 5/0 Page 3 November 25, 1997 10. BOARD OF ~ ~SSION-ERS Board direction regarding proposed Bayshore-Avalon Municipal Service Taxing Unit. Staff directed to create MS~3 5/0 Landfill siting and alternative. (Commissioner Constantine) RFP for outside trucking - Approved 5/0 11. Oq~[ER CONSTIT~3TIONAL OFFICERS Discussion of the Court Administration contract and the responsibilities of the Clerk of the Circuit Court. Tabled to 1:15 - Approved 5/0 Untabled 5/0 Court action to continue to completion. Productivity Con~-ittee to look at budgetax¥ items that the Clerk has judiciary and administrative control of and to look at all contractual issues involving the Clerk and the BCC. PUBLIC ~ONGENI~RAL TOPICS 1. Ty Agoston - Regarding National Wildlife Federation. 2. A1 Perkins - Regarding television and the media. PUBLIC I{F2tR~S W-ILL BE ~ IMI~B~DI3~ELY FOLLOWING STAFF ITEMS 2. ADVERTISED PUBLIC HF_/hRINGS - BCC A. COMPI~KH]~NS/VE PLAN A~S 1) Consider transmitting to the Department of Co~nunity Affairs for review Petition CP-97-02, Bruce Anderson and Robert Duane representing Jim Colosimo, Trustee, requesting to amend the Golden Gate Area Master Plan by adding a new district to be known as the Pine Ridge Road Mixed Use District and by increasing the maximum area allowed for conditional uses for property located west of Naples Gateway PUD on the north side of Pine Ridge Road. Res. 97-444 - Adopted 5/0 B. ZONING A~(ENI~gF~S 1) Petition PUD-89-19(1), Karen K. Bishop of PMS, Inc., of Naples representing Mr. William Schweikhardt, Trustee, requesting an amendment to the Donovan Center PUD, having the effect of repealing and readopting a new PUD and Master Plan for property located at the southwest intersection of Interstate 75 and Immokalee Road (C.R. 846) in Sec. 30, T48S, R26E, consisting of 47.0 acres. Ord. 97-73 - Adopted w change 5/0 2) Petition PUD-86-10(4), Barbara A. Cawley, AICP, of Wilson, Page 4 3) November 25, 1997 Miller, Barton & Peek, Inc., representing Owen M. Ward, Trustee, requesting a rezone from PUD to PUD for the Planned Unit Development known as Stiles by amending the PUD Master Plan as required by Section 2.7.3.4 of the Land Development Code for property located on the south side of Immokalee Road (C.R. 846) approximately ~ mile west of the intersection of 1- 75 and Immokalee Road in Sec. 30, T48S, R26E, consisting of 18.13 acres. Ord. 97-74 - Adopted w/change 5/0 Petition PUD-96-11(2), Karen Bishop of PMS, Inc., of Naples representing Pelican Strand LTD., requesting a PUD to PUD Planned Unit Development having the effect of amending the Pelican Strand PUD for the purpose of adding a communication tower as an authorized land use and amending the Master Plan for property located on the northwest corner of Interstate Highway 75 and Immokalee Road (C.R. 846) in Secs. 18 and 19, T48S, R26E. Ord. 97-75 - Adopted 5/0 4) Petition R-97-6, Dominick J. Amico, Jr., representing 3227 South Horseshoe Limited, requesting a rezone from "I" to "C-5" for property located in Collier Park of Commerce (East Naples Industrial Park) near the northwest corner of South Horseshoe Drive and Airport-Pulling Road (C.R. 31) in Sec. 35, T49S, R25E. Motion to continue - fails 2/3 (Commissioners Mac'Kie, Berry, and Hancock opposed) Ord. 97-77 - Adopted 4/1 (Commissioner Constantine opposed) 5) Petition PUD-90-32(1) R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Ashley Service Station, Inc., requesting a rezone from "PUD" and "RMF-12" to "PUD" for property known as "Ashley's Service Station" Planned Unit Development for the purposes of adding Lot #19 to the boundaries of the project; eliminating all service station repair uses and converting the existing service area into a fast food restaurant and revising the Master Plan for property located on the southwest corner of Golden Gate Parkway and 47th Street in Sec. 27, T49S, R26E, containing 1 acre, more or less. Ord. 97-76 Adopted 5/0 Petition CCSL-97-3, Harry Huber from the Office of Capital Projects Management, representing the Collier County Board of County Commissioners requesting a variance from the Coastal Construction Setback Line (CCSL) to allow for maintenance dredging of Wiggins Pass and to place beach compatible sand on the beach at Lely Barefoot Beach and Delnor Wiggins Pass State Recreation Area. Page 5 NovPmber 25, 1997 Res. 97-446 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1} Petition CU-97-23, Geoffrey G. Purse representing Faith Community Church requesting Conditional Use "1" of the "E" Estates Zoning District for a church for property located at 22nd Avenue N-W and 0akes Boulevard in Sec. 29, T48S, R26E, consisting of 4.99 acres. Res. 97-445 - Adopted 5/0 2) Petition V-97-11, Richard K. Bennett requesting a 2 foot after- the-fact variance from the required rear setback of 10 feet to 8 feet for a double frontage (through) lot located at 4459 Robin Avenue, further described as Lot 11, Block C, Flamingo Estates in Sec. 1, T50S, R25E. Res. 97-447 - Adopted w/change 5/0 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - Ail matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted w/changes - 5/0 A. COMMIINITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "San Miguel" Res. 97-441 B. PUBLIC WORKS 1) Approval of a Resolution to execute a Joint Project Agreement with the State of Florida Department of Transportation wherein Collier County agrees to maintain proposed highway lighting improvements to SR 29 in the vicinity of SR 82. Res. 97-442 Moved to Item ~8B5 2) Approve in concept the Big Marco and Capri Pass Inlet Page 6 November 25, 1997 Management Study and authorize submittal to the State of Florida Department of Environmental Protection. 3) Award contract to Better Roads, Inc. to construct sidewalks for Countywide Pathways II Project, (Georgia Avenue, Martin Street, Trammel Street and Lombardy Lane/Outer Drive), (Bid 97-2744). In the amount of $90,981.00 C. PUBLIC S]~tVI~ D. SUPPORT SERVICES Approval to award Bid #97-2747 "Reroofing Buildings C1/C2 (Tax Collector's and Property Appraiser's Buildings) to Collier County Roofing, Inc. In the amount of $124,148.00 2) Consideration of creation of an Impact Fee Ordinance for the Isle of Capri and Ochopee Fire Control Districts. E. CO~AI~fINT~TOR 1) Budget Amendment Report. B.A. 98-059; 98-061 F. BOARD OF COUNTY COMMISSIONERS G. MISC~US CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED H. (MIT{ER CONSTI~JTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners Approve Budget Amendments to Finalize Fiscal Year 1997 Debt Service Appropriations. I. COUlTrYA~~ J. AIRPORT AUT'HORITY 17. AIkTOURN I__NQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. Page 7 NOVEMBER 25, 1997_ MOVE: ITEM 16(B)(2) TO 8(B)($) - Approve in concept, the Big Marco and Capri Pass Inlet Management Study and authorize submittal to the State of Florida Department of Environmental Protection (BCC request). ADD: ITEM 8(E)(I) - Agreement between the City of Marco Island and Collier County for a temporary Interim City Manager (Staff's request). DELETE: ITEM S(C )(1) - Presentation of Phoenix Awards to recognize EMS Paramedics. (Staff's request). PROCLAMATION WIIEREAS, the global spread of fllV infection and AIDS nece.~sitates a worl&~ide effort to increase communication, education and action to stop the spread of ftl I '/.4 IDS: and WHEREAS, WltEREAS. the Joint United Nations Program on HFWAIDS (UNAIDS) observes December Ist of each year as WorldAIDS Day, a day to expand and strengthen the worldwide effort to stop the spread of HlV/AIDS; and UNAIDS estimates that 21.8 million people are currently living with HIWAIDS. w~th children under the age of 1,5 years accounting for 830,000 of the cases; and WIIEREAS, WHEREAS, WIIEREAS, the American Association for World Health i.~ encouraging a better understanding of the challenge of HIV/AIDS nationally as it recognizes that the number of people diagnosed with HIV and AIDS In the United States conttrates to increase, with 581,429 AIDS cases reported (as of December 31, 1996); and World AIDS day prov~lat tm Old, Unity to focus on HIF infection and A IDS. caring for peopl~ ~ 1~ ~li[e~glO~ ~AID~,~ and learntng about HI V/A IDS; the 199~ t~rorId,~lDS Day them~ :'~,¥¢.i~" ?.~!na Worldw,th AI~DoS · t~t~t Itw. World to contemplate the Iongrt~~sions of the AIDS th~ Idtimate prospect of mini,nixing the tnO~act of ~.g~e epidemic on children. their families and their communities. ' NO W TIIERE["OJ~., be'it proclaimed by the Bo~d of County Coolttt~tomrs of Collier County, Florida, that 3,taruJay, December 1, 1997 be designated as and urge all ~ttz't~ ~' ta~ lntrt ~ ~t~tflq~i~ ~ obse rvance s destgned to increase awarm~ asld undt~t~ of HIF/AIDS as a global challenge, to take part m HIV/,~ll~Pr tve, nt~o~ t~i~vliie$ and prograrns, and to join the globa) effort to prevent the further spread of HIWAIDS. DONE AND ORDERED TtlLg 25th Day of November, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~iMOTH/L."HXNCOCK, AICP, CHAIRMAN CLERK 5 A 2 ~OCLAMA TION WttEREAS, WHEREAS, WHEREAS. Sugden Regional Park will be the first true regtonal park In the County's park $yxtem; and the park 1.~ the result ora gra~s roots community effort Involving many differenl groupt and individuals from throughout the County; and the work in. Ired in readying the facility for construction Included the coordination ora rntmber of different paid and ~olunteer profe, tstonals ; and the work of preparing this site for construction also required a working knowledge of. relationships wqtfi, and many hours de~oted to obtaining permits from Collier County, the South Flortda Water Management District and the Army Corps of Engineers; and WIIEREAS, the wot k done to deMgn, permit and develop con.~tructlon bid documents for this project would have cost Collier County taxpayers an estimated $150,000; and WIIERF_.AS, all volunteer work wa~ lnlllatec{ organized and professionally accomplished by us. Kar,, ou.~ ,12f~p..~_/~..S,~c_,s. I,e.. a, .o cost to county Katit~ BaJtop of ProJ~b Ma~tageMOff Ser~tce~.. ~'..~ ..P~ tireless vo,unteer tffo~t ~ behalf of t~ll,Coltn~y restcle~ih to cOO~cllnldt ~ ~J~r$onally work to rl~f~ ~erml, and der,lop cOr~tr~¢floO docudent$ ~t.~ ~$~gden ReEional y:.~,~.,k'i t ~ ~ ~ . , . : ~.,~ , · .' t~OA~O 0~' coumT · : ? ::. ~,. /..: ~COLUER ~.~:,t · ' . TIM., life BROCK, CLERK 8-A-1 I)tte: November 21, 1997 To: Wayne Arnold, AICP, Platming Servicea Director Ken Heathefini~on, AICP, MPO Coordinator Frern ~Cm~la Jones, T~on Plam~ , RE: lntertection Grade Separationa and Population Attached should be one network map titled Revised 2020 Need~ Assessment, one table titled Peak Season Week. lay Traf~fic Cro~mng Volumes, and one graph titled Grade Separatton Candidates vs. P opu lat ton. Baek~round: Exhibit 5 of the NeedsA.tae.tm~nt Re-Eva/uat/on (May, 1997) comaiaed a li~t of intea'~'fiona that the consultant cormdefed were ~ea for grade separation. 'I'laey made the determination uamg the FSUTMS model assignment voktmea produced with the modified build out data ~nat to ~. run on the r~work attached Tho~e data ~ represented a total countywide permanent population ~f around 429,000, and were the re.,mh of a time consuming process that predicted traffic analysis zone (TAZ) contents one by one The model a~gnment volumes represent peak setaon weekday tra~c volumes The consultant looked at the two-way wflumes on each of the lelp of an inter~n:tion They declaxed the int~section to be a candidate for grade ~-paraxion if the greatest cart-weal two-way volume plus the greatest nonh-~uth two-way volume exceeded one hundred thouaand. Methodolo[y: IJsing the list of intersemions in Exhibit 5 (reproduced in the table) staff did the following: Thc crosaing volutl~ in the netwo~ ~ ~ ~ Nee~ A~ent ~-E~luanon r~on w~c not~. Data ~s w~e Fr~u~ to r~r~ a to~ c~de ~on ~ ~u~ed t~t u~ in t~ N~s A.sse~nent Re-Ev~uation (429,~), uai~ the ~e im~lation m~hod us~ to pr~uce ,qtp,~ea (Colhef CounlT) ,~eln:q~lita~ Plamang O~gamza~n 8 A-1 the land use data sets that were used in the {:n'eparation of the Long Ranse Plan Update. Usin& the same interpolation method, land use dala sets for permanent county-wide populations that correspond to the cunent year 2010 and 2020 projecl~ons (320,900 and 393,100 rest) ~-ere The simulat, ion mode{ was run for each ot' the population scenarios and the crossing volumes at the intersections in the list were recorded. All these scenarios were run on the same road network, the Revised Needs Assessmem. The observed tzend in the number of gr~e separation candidates wis used to determine the countywide population that would reduce the number of c. amlidales to zero. The trend is indicated in the attached graph ObJervations: The sum of all the croSS*rig volumes in t.~e list for the Needs As.s~_~xmnt and the 429,000 interpolated scenario diffe~ by less than one percent. The number ofgrad~ separation candidates ~.iffer by two. This sugger, s that when system wide consequences like the total number of grade separation candidates a~e being examined, the quicker method of producing data sets (interpolation) is more efficient tlxan a TAZ by TAZ prediction. In short, in ex~aining system wide consequences, the total poputation is more important than the method used to ~ at the population The t~t population scenario (286,000) was found through trial and error and is the population at which the crossing volume for the worsl intersection in the list is just below 100,0c)0 This population corresponds to approximately 178,500 dwelling units The graph contains the actual number of grade separation candidates found for each of the population scenarios, and a trend line through the points. The equations at the top can be used to predict the number of grade ~aration candidates for a given population, or the rraLximum population for a given number of grade separation c. amtidates. The slope ortho line in the graph is a measure of the effect of Collier County populanon on the r"ambe~ of grade separation candidates. This slope decreases (gets flatter) a.s the population decreases, because the county population forms an increasingly smaller portion of the total model v,4ndow population, which includes 104 TAZs in Lee County. The population in the Lee County TAZs was kept constant throughout the ~mb/si.~. Using 104 Lee County TAZs in the Collier County model window ts a good way to qu~tify the fa,:t that tratzfic on county roads is the product of more than just the population in Collier County. N~pl~ ~Coll~a. CauntT) ~,n ~.,.,m.~ Or~mz~cm 8 A'I The ~aph is NOT an indication of the number of grade separation catmidates that will likely exist as the county's population grows 'l'his Ls bec. ml~ th~ network was not altered as the population sc~ario~ changed. Thc actwoCt ~ tl~o~ghom tt~ e-mmse w~ tl~ Revis~ Needs Assessment network. ~ net-work was desi~d to serve a population of 429,000. It would be considered overbuilt for a population of anything less thari that. A previous comparison of th~ original arid revised Neod$ Aa.sc~t networks revealed little change in the crossing volumes at some major intersections, desl:fite the fact ttxat the land uae scenarios used ~,~th the two networks differed by close to one hundred thousand in permanent population Th~s is because those networks were the product ora proe.~s ttmt pruned the network of all extrane~us larse miles The networks w~e designed to JUST ~ their respect:ye populations, and removing one more lane mile would have created a level of $ervic.~ problem somewhere in the network 'Fh~t pruning process tends to force trips offofthe facilities being deleted or downsized and back into e×isting problem ate. aa. This prumng proceas by modetera replicates well the growth in the county to date Localiz~ opposition to new roada aiad road widenings h~ been effective enough in the past to suggest that if the rationale for approving road network expansions does not change, there will never be more lat~ milea than ate J'UST needed to se~w~ the current population. (:onclu~ion~: System v,.~de tratt~c implicauons can be predicted well with land use data sets prepared by the interpolation method, which can be done quickly Keeping thc Revised Needs A. ssessme~ network, and moving downward through population scenarios, a permanent population of 256,000 (!?$,500 dwelling units) was found to yield traffic volumes that kept the worst intersection just below the grade separation candidate threshold. For this combination of population and network to occur in reality would require a change in the cumen! prac'tice of approving network expans~on.s If expa,nsions are not approved until there is an impending level of service crisis ~mewhe;e in the network, then trafEc volumes at major intersections will tend to stay static Only 3ve~ building the network can allow d~e kind of traffic d~ttr~bgt~on that reJie','es the major inter:~ections Naples (ColiJ~ County} ~lit~n Planmng Orgamzat~on 8 A-1 ~'~ 0 ; ~ : ~ , m ~ ~ o . . , ~, ~ ~'. _, .................................. ~_ ~ o~ ~. ~ ~_~ 'oN 0 o November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet Management Study and Bt~ Marco Pass CWA Please register* me in support of the Big Marco }'ass Critical Wildlife Area (S~nd Dollm' Island). It is a commu- nity as.~.--t that must be pr~eeted. .~ urge you to Md.re. ss beach safety issues through edu- cational programs, instructive and informative signs, warn- lng systems, and other creative solufion~ that will not nega- tively impact this fragile and important wildlife habitat. Thank you. Address 'Plet~se include tu part of the of~ical record oj'the Novembe'r 25 ,z,.',.:tlag ~/' t.t~e Godlier Cour. 3~ Bizard of Commi&~ioner$. EXHIBIT Ill I Il _ INSt,dlll'2.l. ......... ~Jl .... Illlll _ I I 8 B 5' November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet b~anagement Study and Big Marco Pass CWA Please register* me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity a,:set that must be protected. I urge ye~,} to address beach safety issues through edu- cational programs, insta'uctive and informative signs, warn- lng systems, and other creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. 'Pieoae include as part of the oJffiical record oft. he November .::5 meeting o/'~l~e Colli~:r Count, Boar,:' o/ C,nmml.~sioner~ I November 25, 1997 Dear Commissic,ners' RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please register* me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset that must be protected. I ur ge you to address beach safety issues through edu- cational programs, insta'uctive and informative signs, warn- ing systems, and other creative solutions timt will not nega- tively impact this fragile and important wildlife habitat. Thank you. A ddres, s.._ :3 .~ --' Git) 'Please include as part of the o1 ~icai re. cord of the November 25 meeting of the CoY/et Court,3' Board of Commt. t.,toners. 8 B 5' November 25, 1997 Dear Commissioners: tiE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA t'lcasc register* me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity a.ssf:t that must 1'~ protected. ! urge you to address beach safety issues through edu- cational prog,'~arns, irzstmctive and informative signs, warn- ing systems, and other creative solutions tht.~ ~ill not nega- tively impact this fragile and important wildlife habitat. Thank you. *PleaJ'e include a~ par* of the offiical record of the November 25 meeting of the Collier County Board of Commissioners. 8 B 5 November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pa~ Inlet Management Study and Big Marco Pass CWA Pie.se register* me in support of the Big Marco Pass Critical Wildlitk Area (Sand Dollar Island). It is a commu- nity ,asset that must be protectt~. I urge you to addre~ beach safety issues through edu- cational programs, in,:tructive and informative signs, warn- ing sy:;tems, and other creative solutions that will not nega- tively impact this fragile ,md important wildlife habitat. "I'}~ank you. Name ......... :?:_L!.: .=_: .... :---,'~. [" ' '4 Address .... ~.x___2X./&L-_.:"' -- *Plea;'e include as part of the offiical record of the November 25 meeting of the Colh'er County Board of Commisxioner'~. 8 B 5 November 25, 1997 Dear Commissioners: RE: Big l~tarco and Capri Pass Inlet Mt~nagement Stqidy and Big Marco Pass CWA Please register* me in support of the Big Marco Pass Criti¢.~l Wildli£e Area (Sand Doliar Island). It is a commu- nit,,' asset that must be protected. I urge you to address beach safety issues through edu- cational program.';, instructive and informative signs, warn- ing systems, and other creative solutions that will not nega- tively impact tt~is fragile and important wildlife habitat. Thank you. *t'leaze t'nciude as part of the offiical record of the November 25 meeting of the Collier County Boar;l of Commissioners. November 25, 1997 Dear Co~nml,~ioners RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA ['lease register' me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nit)' ,x.sset that must be prot~x:ted. I urge you to address beach safety issues through edu- cational programs, insm. mfive and informative signs, warn- lng systems, and other creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. 'Please include as part of the o.l,'iicaI record qf the November 25 meetLng o]'lhe Collier Count./Boar,'t of CommL~Jio~ers. November 2.5, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet Management Stndy and Big Marco Pass CWA Please register* me ha support of the Big 'Marco Pass Cr~t:c,d Wildlife Area (Sand Dollar IslandL It is a comrnu- nib' :~q,¢et that must be protected. I urge you to adrkess bcach safety issues through edu- cational p~'ogra.ms, instructive and informative signs, warn- ing sy:;tems, and other creative solutions that will not nega- tively impact els fragile and important wildlife habitat. Thank you. 'Plea,e mclua..' a.~ ;.~rt oft&' of Jiical record of the November 25 trot; et;ng (,; ttr,: C, ,llier Cou/~ t? Bc.:~d of Commi~s ionera. 8 B 5 November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco PaN, CWA Plcase register* me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity as'.',ct that must be protected. I urge you to address beach safety i~ues through edu- cational progran~, instroctive and informative signs, warn- ing sys'~em.% and other cxeative solutions thai will not nega- tively impacl this fragite and important wildlife habitat. Thank you. Name A d dfc .,.. *Please inclu& as part of the o/Jitca1 record of the November 25 me,:ting of the Collier County Bo rd of Commtaaioners. II II IIII November 25, 1997 Dear Commissioners: RE: Big btarco and Capri Pass Inlet l~anagement Study and Big Marco Pass CWA Please regism'* me in support of the Big Marco Pass Critical Wildlife Are~ (Smd Dollar Island). It is a commu- nity asset that must be protected. Iargc you Io address beach safety issues through edu- cational programs, instructive and informative signs, warn- ing syslems, a~ct other creative solutions that will not nega- tively impact this fragile and impommt wildlife habitat. Thank you. N am (:___ Ctty .................... _~ °Please include as part of the ol}~icat record of the November 25 meeting, ,.)f the Collier Count, Board of Commiss:otters. 8 November 25, 1997 Dear Commissioners: RE: Big Mm-eo ~md Capri Pa~ Inlet Management Study and Big Marco Pass CWA Please register* me in support of thc Big Marco Pass Critical Wil61ife Ar~a (Sand Dollar Island). It is a commu- nity asset that must be protected. I urge you to addte~ beach safety i.,mues through edu- cational programs, instructive and informative signs, warn- ing systems, m~d othc~ creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. *Plea. re include a~ part of the offiical record of the November 25 meeting of the Collier County Board of Commizzioners. ~ 5 November 25, 1997 Dear Cornrniss ioners' RE: Big Marco and Capri Pass Inlet Management Stady and Big Marco Pass CWA Please register* me in support oft. he Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset lhat must be protected. I urge you to address be,~h safety issues through edu- cational progmtrLs, irLstructiv¢ and infmxnative signs, warn- ing systems, and other creative solmions that will not nega- tively impact ti~is fragile m~d important wildlife habitat. Thank you. Address . *l'leo.'~e mc/u,/:' c~ part of the c~Sical record of the Nc)vember 25 tr: ; e; t'n,g cf :he (.'oH;er Cotznrv Boo rd of Commiss loners. _ -~ I I I II LUll 8 B 5 November 25, t997 Dear Commi~ioners: RE: Big Marco and Capri Pass Iv, let Management Study and Big Marco Pass CWA Plc~';e register* mc in support oft. he Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nit)' asset that must be protemed. I urge you to address beach safety is.rues through edu- cational programs, instructive and informative signs, warn- ing systems, trod other creative solutions that will not nega- tively impact riffs fragile and important wildlife habitat. 'Ihank you. Name Addrcs,; City *P/em',: include as part o.t'the offitcal rex:ord of the November 25 meeting ,gl the Coiltgr Count), Board of Commtsa io I~. II ~LI. J I I ~ I I III I IIII I j- ~ 8 B 5 Novem'ber 25, 1997 Dear Commi:~sioncrs: RE' Big .Marco and Capri Pass Inlet Managetnent Stud],' and Big Marco Pass CWA Please register* me in support of the Big Marco Pass Critical Wildlife Area (Sm'id Dollar Island). It is a commu- nity a,5set that ~nust be protected. I urge you to ~ddmss I~h s~ety issues through edu- cational progr2ms, instnscfive and informative signs, warn- ing systems, ~m<t other c~'eative solutions that will not nega- tively impact this fragile and important wildlife habitat. 7]lank you. City_,,=;.__,.,,.__ 'Please include cu ~ of the offilcal record of the November 25 meettng ,of ttze Collier Count), Board of Commtasior~ers. November 25, 1997 Dear Conun. i~ioners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please register* me ia support of the Big Marco Pass Critical Wildii£e Are. a (Sa~d Dollar Island). It is a commu- nit)' asset that must tx: protected. I urge you to address t.~ach safety issues through edu- cational pro,ams, instxuctive and informative signs, warn- ing syslems, :md other creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. Ad&es'.; City *Please include aJ part of the o. ffiical record of the November 25 mcettng of the C'ollker Count. Board of Commissioner& ,*, I ii ...... 1 II '--- .................. 8 B 5 November 25, 199'7 Dear Commissioners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please register" me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity a,;set that must be protected. I urge you to addreaa beach safety issues through edu- cational programs, iasm~ivc and reformative signs, warn- ing systems, and oth~ creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. N amc t Address City *Please include az part of the offiical record of the November 25 meeting of the Collier County Board of Commizzioners. November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pas~ Inlet Mianagement Study and Big Marco Press CWA Please register" me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asse~ that m. ust be protected. I u~ ge you to address beach safety issues through edu- cational progra~ns, instructive and intbrmative signs, lng systems, and other creative solutions timt will not nc'ga- tively impact t~xis fragile and important wildlife habitat. 'Ihank you. Addrcss~.,, , Cit .... y_i..:_~L .... *Please inclu,Je c~ part of the q'~.ical record of the Now,.mber 25 meeting of the Collie; County Board of Commissioners. 8 B 5 November 25, 1997 Dear C. ommissioners: RE: Big Marco and Capri Pa~ Inlet Managemen~ Study and Big Marco Pass CWA Please regi:;ter* me ir, support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity a.ss, ct tl~at must be protected. I urge you to address beach .safety issues through edu- cational prograsns, in.stmctive and informative signs, warn- ing systems, and other creative solutions tY, at will nut nega- tively impact this fragile antl important wildlife habitat. 'I hank you. city_,?¢4:,5' r.:'. z <:. '-,." -/? *Please include as part of the offiical record of the November 25 meeting of the Collier County Board of CommLtsioners. .... -- __T - Z'. __i ": .... Illl II IIII II I I~lJ __ II II - 8 B 5 November 25, 1997 Dear C ommissioners: RE: Big Marco and Capri Pass Inlet Managemcnl Study and Big Marco Pass CWA Plea.se rcgksteff' me in support of thc Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity ,~s,'-;c~,'. that mu.st be protected. I urge you to address beach safety issues through edu- cational programs, ms~.ructive and informative sign& warn- ing sy.~tems, and other creative solutions that will not nega- tively impact this fragile and important wildlife habitat. 'I hank you. Name ~. ' ' Address include ra~ part of the offttical record of the November 2.5 race:ting ~,.f the Colh,.r Cou. nty Board of Commissioners. November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet Management Study stud Big Marco Pass CWA Ple,~e register'* me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity' asset, that must be protected. I urge you to address beach safety issues through edu- cational programs, in.stnmtivc and informative signs, warn- ing systems, mid other creative solutions that will not nega- tively impact this fmgi.le and important wildlife habitat. Thank you. Addrcss , · *Pleaze include az pczrt of the of J~ical record of the November 25 meeting of the. Collier County Board of Cotnmi~jioner~. III _ II I II II ' ,,m,, I I II I ~ I I I II I III November 25, 1997 Dear Corem is~,,ioners: RE: Big Marco and Capri Pru~ Inlet Management Study and Big 151~rco Pass CWA Please register" me in saap~rt of the Big Marco Pass Critical Wildlife Area (Smd Dollar Island). It is a commu- nity asset that must be protected. I urge you to address beach safety issues through edu- cational programs, instructive and informative signs, warn- ing systems, and oth~ creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. 'Please mclud' ax part o. f the o~ii'cal record of the November 25 meeting ,'4,( the Collier County Board of Commtssionera. November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Plc.~se register'' me in support of the Big Marcx) Pass Critical Wildlii~ Area ($~d Dollar Island). It is a commu- nity ~ssct that must be protected. I urge you to address beach ~fety issues through edu- cational programs, insU'uctive and infom'mtive signs, warn- ing systems, and other creative solutions fi'mt will no! nega- tively impact this fragile and important wildlife habitat. Thank you. Address City, *Please in¢l~be a~ Dart qf :he a.~.'i,:al record c~t'the November 25 meeting of ~he (..'olli~r County Board of Commiz.;ioner;. 0 0 Novexnber 25, 1997 I)car Commissioners: RE: Big Marco and Capri Pa~s Inlet M~nagement Study and Big Marco P~ CWA Please register* me in support of the Big Marco Pass Critical Wildlife Area (e. and Dollar Island). It is a commu- nity asset fl~at must be l~rotected. I urge you to address beach safety issues through edu- cational programs, instructive and informative signs, warn- ing syste~ns, and other creative solutions that will not nega- tivcly impact this fragile ~d imlx)rtant wildlife habitat. Thank you. Address "Please include, as part of the of}~ ical record of the November 25 ~. ' ' r of Commissioners. meeting of the Coltte County Board . 8 5 November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please register* me in support of the Big Marco Pass Critical Wild,ifc Area (Sand Dollar Island). It is a commu- nity asset thai must be protected. I urge you to address beach safety issues through edu- eati(mal i)rogrmr)s, instructive e~nd informative signs, warn- ing systems, and other creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. SaTTiC Address City 'P/ease mclud~ as part orthe o~ical record of the November 25 meeting oJ)',t~. Colli~ r County Board of Commissionera. 8 iii 5 November 25, 1997 De;~r Co mm is sioners: RE: Big Marco and Capri Pass Inlet Management Stn~dy nad Big Marco Pass CWA }'lease register'* me i.n support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset that must bt: protected. I urge you to addr=~ beach safety issues through edu- cational progrmns, instructive and informative signa, warn- lng systems, and other creative solutions that will nc, t nega- tively impact this fragile and importarit wildlife habitat. Thank Address City .... °Please mcl~Me as part of the offiical record of the November 2.5 me~ ting c)~'the Collier Count. Board of Commiasioners. November 25, 1997 Dear Corrunissioners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please register* me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset that must be protected. I ut'ge you to add~'ess beach safety issues through edu- cational progrt:ms, instructive and informative signs, warn- ing systems, and other creative solutions tLat will not nega- tively impact this fragile and important wildlife habitat. Thank you. City /../' ' ,, 'Please in. clua'e aa part of the o£'iical record of the November 25 meeting of the Collier Coun,y Board of Commlasioner~. ~ Ill ~111~111111_ I IIII - - I I I I II I I II November 25, 1997 Dear Commiss}oners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Picase register" me in support of the Big Marco Pass Critical Wildlife ,\rea (Sand Dollar Island). It is a commu- nity asset that mu:st be protected. I urge you to address beach safety issues through edu- cational programs, instructive and informative signs, warn- ing systems, and other creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you Name Addre'~s 'P/ease inclu&' ax part of the off' ical record o/the November 25 meeting o/ t'!je Collier County, Board of Commiasioners. t ~'.~-' /.,/ · " '1 ,.-'~" '-,-,'". . .~wl;'". '..~' ,. November 25, 1997 Dear Commi~.~Joners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please rev~ m~ in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset I.ha~ ~nust be protected. , o..~ to adth ~,ss beach safety issues through edu- cat ionai progr~s, instructive and informative signs, warn- ing systems, and other creative solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank you. "['leaae inch,de as part of the of J:ical record of the November 25 merting a/the Collier County Board of Commissioner& I I1[ November 25, 1997 Dear Cor:amissioners: RE: Big Marco and Capri Pass Inlet blanagement Study and Big Marco Pass CWA Plcccsc register* me ~, support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset that inust be protected. I urge you to addn:ss beach safety issues through edu- cational programs, instructive and informative signs, warn- ing systems, and other crv. alive solutions that will not nega- tively impac! this fragile and impo~.nt wildlife habitat. ~l'hank you. Addrcs.'.. ,/" -.- 'Pleaae iturlude aJ par~ of the c.~fiical record of the November 25 m,.,.eting' of tl~ Collier County Board of Commi~sioner~. 8 I - -~ ~q~ffili~l. ......,.I ..... II 1111111 IIII 5 8 B 5 November 25, 1997 Dear Coinmissioners: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please register* me in support of the Big Marco Pass Critical Wild!ife Area (Sand Dollar Island). It is a commu- nity asset that Inust be protected. I urge you to address beach safety issues through edu- cational programs, instructive and informative signs, warn- ing systems, and other creative solutions that will not nega- tively im?,act !his fragile and important wildlife habitat. Thank ycu Address.__/__C/i~ a. fi,,? o ,-~ d' '""'~-..- 't'lca~c includ, e at part of the oJfiical record of the November 25 t,:,.,cting ~5r the Colh'er Count), Board of Commissioners. .,~t-~l~.. ..... I II I II II 5 November 25, 1997 Dear Commissioners: RE: Big Marco and Capri Pass Inlet M~ nagement Study and Big Marc() Pass CWA Pier,se register" me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset that must be protected. I urge you to address beach safety issues through edu- cational Dro~'zans, instructive and informative signs, warn- ing syst{~ns, and other creative solutions th. at will not nega- tively impact this fragile ~nd important wildlife habitat. Thank you. Name Addrc.~s ' *Ple~x,e include as part of the offiical record of the November 25 meeting of the Collier County Board of Commissioners. November 25, 1997 Dear RE: Big Marco Ind Capri Pax Inlet Management Stmdy aad Big Marco Pass CWA Please register* mc in support of thc Big Marco Pass Critical Wildlife Area (Si. md Dollar Island). It is a commu- nity asset 'that must be protected. I urge you to addmxs beach safety issues through edu- cational progrmns, instructive and informative signs, warn- ing systems, m~d oflmr creative solutions that will not nega- tively impact this fragile and important wildlife habitat. *l'hank you. °Please includ:? a.; part of the oj l}'tcal record of the November 25 ,:ee;ing ~./'the Collie,, Count)' Board of Commissioners. !;~'_'" - I~tt~,_ _ _ I I J II I I I T 7Y -- -- I .......... II II I .... ~ I I I IlIlll II 'Ii ~l__J[ I I I I I IIIII 885 November 25, 1997 Dear Conunissioners: RE: Big M~rco and Capri Pass Inlet Management Study and Big Marco Pass CWA Plc:~se register* me in support of the Big Marco Pass Critical ',,Vildlifc Area (Sanc, Dollar Isl,'md). It is a commu- nit.,,' as:;ct that must be prote~ed. I urge you to address beach safety issues through edu- cational ?rogrm~, instructive and informative signs, warn- ing systems, and other t.~eaiive solutions that will not nega- tively impact this fragile and important wildlife habitat. Thank yo'a. Addr¢::;s 'Plea. re include aa' part of the offiical record of the November 2_5 mee!mg oJ'the Collar County Bot~rd of CommiaMoner*. I~ll ....... - II .......... II -- - II II November 25, 1997 Dear Cot,qmissioners' RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Please register" me in support of the Big Marco Pass Critical Wild!iii: Area (Sand Dollar Ish'md). It is a coznmu- nity asmt that must be p,x~tcctcd. I urge you to address beach safety issues through edu- cational programs, instructive and informative signs, warn- ing system.s, and other cremive solutions that will not nega- tively impact 0~is fragile and importmt wildlife habitat. Thank yo~. 't 'lease include ets part of the oj]~ical record of the November 25 me~ riag of the Collier Co,tory Board cf CommisMoners. 8 B 5, I November 25, 1997 Dear Coinmissioner.~: RE: Big Marco and Capri t'a~ Inlet blanngement Study and Big Marco Pass CWA ¥1,=~e register* me in support of the Big Marco Pass Critical \Vild~ife Area (S~md Dollar Island). It is a commu- nity ass,,:.': ~h:t:. must be ,-,x-t .... ,,,.4 I u~'g¢ you to address beach safety issues through edu- cational prvgra.rns, in.~ructive and informative sigvs, warn- ing systems, and other creative soltifions that will not nega- tively impact this fragile and important wildlife habitat. Thank yeu. Name *Pleaze include, a~ part of the o.b~ical record ~f the November 25 meeting of the Collier Count); Board of Commissioner& II~ 8 5 November 25, 1997 Dear Corem issione'm: RE: Big Marco and Capri Pass Inlet Management Study and Big Marco Pass CWA Ptcase register* me in support of the Big Marco Pass Critical Wildlife Area (Sand Dollar Island). It is a commu- nity asset that must b~ protected. I urge you to address beach safety issues through edu- cational prog/atns, instructive and in formative signs, warn- ing systems, and other creative solutions U~at will not nega- lively imlr, ac! this fragile and import,'mt wildlife habitat. Thank jolt. °Pler2~e ;nclude aa part o/the qfl. i,:al record of the November 25 meeting o]' the Collier County Board of CommiJ$ioner$. EXHIBIT COLLIER COUNTY November 2 I, 1997 By Facsm. tc and Rc.k.'ular U S Mail Kenneth I) Cuyler. F',~l Ro¢lzcl & Andrcss .~",0 Park Sh,~re [)rv,'c. Suite 300 ,".;aplc',. [!nmJa 34103 Rc Agreement between the City of Marc,'~ Island and Collier County i'or a Temporary interim City Manager Dear Ken It was a pleasure mccling with you on November 20, 1997. regarding thc above styled A~r..-cmcnt Pursuant to our discussions. I have prepared a final version of' this Agreement for your review it is my unders~andin8 that the County Administrator is planning to prepare to prescnl this item as an add-on agenda item for the Board of County Commissioners' meeting of November 25, 1997 Please contact me on November 24's to inform me whether the Agreement ~s acceplable or v.'hcthcr tt requires any additional changes Thank you fi)r your attention !o this matter RM/cd Respect fully subrmtted. Rami~'o Mahalich Chief Assiseant (?,~,.~nty Attorney cc Rob~rl I:crnandez. Counly Administrator l.co Ochs, Jr , Support Services Administratr,r l)avid (' Weigel, County Attorney INTERLOCAL AGREEMEN"r Tills INTERLOCAL AGREEMENT is entered into this day of . ]997, by and between THE CITY OF MARCO ISLAND, FLORIDA, hereinafter called thc "City", ~ the BOARD OF COUNTY COMISSIONERS, OF COLLIER COUNTY, FLORIDA, hcweirmfier ~lled the "County'". The City and the County are referred to collectively herein ~.,~ the "pm'lies". WITNESSETIi: WIIEREAS. lh¢ Cily was recently incorporated pursuant to charter established by special act of thc Fl"rirta I..cgislaturc; and WHEREAS, on November 6, 1997, an election was held to clcct thc members of thc first City Council to govcn~ thc (~ity; and WilEREAS, thc City is located within Colticr County Florida; anti WIIEREAS, the Uounty de~lrcs to assist the City and serve all of thc citizens of Collier County by a.s~i~ting the City in the transition to self government through shared services of administration: and WllEREAS, Section 163.01(2), Florida Statutes, permits local governmental units to m;d~e the most efficient u~e of their powers by enabling them to cooperate with each other to provide services in a manner that will accord ~, a geographic and economic population and othcr factors influencing thc needs and dcv¢lopn,,:nt of local communities: and Page i of 4 8 E 1 WIII'.REAS, Section II 2.24, Florida Statutes, authnrizes intergovernmental transfer and interchange ofpubhc en'~pioyees; and WIIERF, AS, the CSty haz requested that the County provide assistance to the City by furnishing a Count)' staff member to serve as Tempor'm'y Interim City Manager of thc City. NOW Ttt EREFORE, In consideration of the mutual convenants contained herein thc parties hereby agree as follows: COL;NTY STAFF MEMBER TO SERVE AS TEMPORARY INTERIM ~i~'Y MANAGER. The County will provide the services of County staff member Byron L. ("Skip") Camp to the City for Mr. Camp to serve as Ternpora,r/Interim City Manager of Marco Island. Mr. Camp shall have the admin:strat~ve authority provided by thc City Charier and to thc extent auth~,rizcd by ~he City Council, Sir. Camp shall not participate in inter- local agreement negotiations with Collier County. Mr. Camp shall serve at thc pleazure of the City Council. Mr. C;unp shall remain an employee of thc Count,,,' at all times during the effective term of this Agreement. TERM OF AGREEMENT. Mr. Camp shall serve at the pleasure of thc ~ity Council fi)r a maximum of three weeks commencing on November 21, 1997. and ending on December 12. 1997. This Agreement may be ex,.ended fl)r an additional three 13) weeks upon thc official action and ','otc of the City Council and thc Board of County C'onmlissioners. COMPF. NSATION. Mr. C,'unp shall be paid his full salary and benefits by ~: (_'ounty. "'~'~.'ity shall reimburse the County for ,",,Ir. Camp's service to th,:. (?ity. The City's reimbursement shall be for the full cost of Mr. Camp's ~lary ~d benefits which is the amount of $1,652.85 per week. Thc City shall also pay for mileage for Mr. Camp's travel from the Collier County Government Complex to h~s office in the C~ty of Marco Island at thc rate of .29 cents per mile in ~cordance with ('hapter 112, Florida Statutes. Salt] paymentz from the City to thc County shall be made to the Bo.~d of County Commissioners for deposit in the General Fund, Mamtena.nce Services Cost Center no. 001-122240. l'he payments by the city shall be governed by Chapter 218, Florida Statutes (The Florida Prompt Payment Act). The Co;tory ~hall invoice th,.- City for all of the payments rcferer~ed above. Page 2 of 4 INSI.'RANCE. Thc County's liability coverages will extend to both thc County arm ,",ir (.;amp for this agreement subject to normal exclusions. Thc City must procure its own insurance coverage for any risks related to Mr. Camp's set;icc as Tcmporao' Interim City Manager. INDEMNIFICATION To the extent permitted by Florida law, the City shall, ~n consideration of the benefits received from the County by the pro:':sion of Mr. Camp's services {which are acknowledged to have a monctaiD' value substantially in excess of $1OO.OO), hold harmless, indemnify and defend the County, its agents and employees from all suits and actions, including attorney fees and ali costs of litigation and judgments of any name and description, arising out of or incidental to the performance of this Agreement which results from any negligence, intentional conduct and/or willful and wanton behavior of the City and/or ils agcnls and employees. This provision shall also pertain to any claims brou~,ht against the County by any employee of the City, any subcontractor or anyme directly or indirectly employed by any of them, other than by Sir. Camp. The City's obligations under this provision shall only be limited to the extent provided by Florida law and not by the City's limit of. or lack of. sufficient insurance protection. This section shall not apply to ,'my claims ans:ng from the sole negligence or intentional or willful and wanlon conduct of the Count.-,'. Mr. Camp. or any other employee or agent of thc 'FF.R:,IINA'FION. 'H~is Agreement may bc terminated by elmer party by prov~,l~r'.g ~ e~ght (48) hours advance written notice to the other party. Notice Io the City shall be provided to: tlarry J ('owin. Chairman City of Marco Island. Florida 12gO San Marco Rd. .Maro~ Island. Fl. 3.1145 Notice to thc County shall be provided to: Timothy I.. itancock, Chairman Boaxd of County Commissioners, 3301 F.. Tarniami Trail Naples, Florida 34112. This ..\grccmcnt shall also tcrmma',e :n accordance with thc provisions set forth in paragraph 2 rcgacding thc term of this Agreement. RECORDIN(.;. This Agreement shall be Recorded in the Official Records ~{~;~nty, Florida. Page 3 o f 4 0 L i TttE CITY OF MARCO ISLAND, FLORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: Harry J. Cowin, Council Chairman By: Timothy L. Hancock, Chairman A'FFEST: ATTEST: City Clerk D~'~ght E. Brock. Clerk of Courts Approved as to form and legal sufficiency for thc City of Marco Island, Florida: Approved as to form and legal sufficiency for Collier County: Kenneth B. Cuylcr. Esq. Ramiro Mafialich Chief Assistant County Attorney Page 4 of 4 INTERLOCAL AGREEMENT Tills INTERLOCAL AGREEMENT is entered into this ~'~... day of '"~~, 1997, by and between THE CITY OF MARCO ISLAND, FLORIDA. herdnafler called the "City", and the BOARD OF COUN'FY COMISSIONERS, OF COLLIER COUNTY, FLORIDA, hereinafter called the "County". The City and the County are referred to collectively herein a..,~ thc "parties". Wi TN E.$S ETH: WIIEREAS. thc City was recently incorporate~l pursuant to charter established by ~pecial act of the Florida l.egislature; and WllEREAS, on November 6, 1997, an election was held to elect the members of the first City Council to govern the City; anti WIIEREAS, thc City is located within CollIer County Florida; and WllEREAS, the County desires to assist thc City and serve all of the citizens of Collier County by axsisting the City in the transition to self government tl'u'ough shared services of ',u:ltninistration; and WltEREAS, Section 163.01(2), Florida Statutes, pemfits local governmental units to make the most efficient u~ of their powers by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic, population and other factor~ influencing the needs and development of local communities; and Page I of 4 8 g 1 WHEREAS, Scx:tion 112.24, Florida Stouter, authorizes intergovernmental transfer and interchange of public employees; WIIEREA,S, the City h~ req~ thai thc County provide assistance to the City by furnishing a County la,afl member to ~erve a~ Temporary Interim City Manager of the City. NOW THEREFORE, In consideration of t?~e mutual convenaats contained herein the parties hereby agree as follows: COUNTY STAFF MEMBER TO SERVE AS TEMPORARY INTERIM ~'ITY MANAGER, The County will provide the services of County staff me'mbo' Byron L. ("Skip") Camp to the City for Mr. Camp to serve as 'temporary Interim City Manager of Marco Island. Mr. Camp shall have the administ.rative authority provided by the City Charter and to the extent authorized by the City Council. Mr. Camp shall not participate in inter- local agreement negotiations with Collier County. Mr. Camp al'tall serve at the pleam.n'e of the City Council. Mr. Camp shall remain an employee o f the County at ali time~ during the effective term of this Agreement. TERM OF AGREEMENT. Mr. Camp shall ~erve at the pleasure of the City Council for a maximum of three weeks commencing on November 21, 1997, amd ending on December 12, 1997. This Agreement may be extended for an additional three (3) weeks upon the o~cial action and vote of the City Council and the Board of County Commissioners. ~'OMPENSATION. Mr. Camp shall be paid his full salary and benefits by the Co~nty. The City shall reimburse the County for Mr. Camp's ~-'rvice to the City. The City's reimbursement ~hall be for'the full cost of Mr. Camp's salary and benefits which is the amount of $1,652.85 per week. The City shall also pay for mileage for Mr. Camp's travel from the Collier County Government Complex to his office in the City of Marco Island at the rate of .29 cents per mile in accordance with Chapter 112, Florida Statutes. Said payments from the City to the County shall be made to ~ Board of County Comrni~ioners for deposit in the General Fund, Malntenancc Se~rices Co~t Center no. 001-122240. The payments by the city shall be governed by Chapter 218, Florida Statutes (Thc Florida Prompt Payment Act). The County stuall invoice the City for all of the payments referenced above. Page 2 of 4 INStaNCE. Thc County's liability coverages will extend to both thc County and Mr. Camp for this agreement subject to normal exclusions. The City must procure ils own insurartc¢ cov~agc for any risks rclate,,d to Mr. Camp's ~rvice as Temporat7 Interim City Manager. INDEMNIFICATION To the extent permitted by Florida law, the City shall, in consideration of the benefits received from the County by the provision of Mr. Camp's services (which are acknowledged to have a monetary value substantially in excess of $100.00), hold harmless, indemnify and defend the County, its agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description, arising out o£ or incidental to the performance of this Agreement which results from any negligence, intentional conduct and/or willful and wanton behavior of the City and/or its agents and employees. This provision shall also pertain to any claims brought against the County by any employee of the City, any subcontractor or anyone directly or indirectly employed by any of them, other than by Mr. Camp. The City's obligations under this provision shall only be limited to the extent provided by Florida law and not by the City's limit of, or lack of, sufficient insurat~e protection. This section shall not apply to any claims arising from the sole negligence or intentional or willful and wanton conduct of the County, Mr. Camp, or any other employee or agent of the County. I.[:...~lJ.I'qA~[[Q.~_. This Agreement may be terminated by either party by providing forty eight (48) hours advance written notice to the other party. Notice to thc City shall be provided to: }larry J. Cowin. Chairman City of Marco lsh'md, Florida 1280 San Marco Rd. Marco lsland, l:l. 34145 Notice to the County shall be provided to: Timothy L. }tancock, Chairman Board of County Commitsioner~, 3301 E. Tamiami Trail Naple~, Florida 34112. l'hi~ Agreement shall also terminate in accordance with the provisions set forth in paragraph 2 regarding the term of this Agreement. !:~d~.~~. This Agreement shall be Recorded in thc Official Records of Collier County, Florida. Page 3 of 4 8£1 DIE CITY OF MARCO ISLAND, FLOR IDA By: Harry J. Cowin, Council Chairman BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY ATTEST: City Cio-k Approved ~ to form ~nd lcgal sufficiency for the City of Mtrco Island. Florida: Approved as to form and legal mfficiency for Collier County: Kenneth B. Cuyler, Esq. ~g~mirTo ~v~al'lalic ht - Chief Assistant County Attorney Pagc 4 of 4 A'qNq Ii11111111'11111111111111111111111111111111111111111111111111111 ? · ,ili111111111111111111111111111111111111111111111111111111111111 774 -8606 F]tmm ' ~mt ce:L3) Time sont: Decem~_r 1, ]997 Ms. Judith Flanagan }laples Daily News 1075 Central Avenue I~aples, FlorLda 34102 :~otice ~f Board of Supervisors for Lely Community Development District Election by Paper Ballot Dear Judi: Please advertise the above referenced notice one time on Friday, December 5, 1997, and again on Friday, Decen%ber 19, 1997. Kindly send the Affidavit of Publication, in duplicate, to this office. The ir, voice for the cost o~ publishing this Notice should be I{r. Jim Ward, Assistant District Manager Lely Community Development District 10300 N.W. llth Manor Coral SprinGs, FL 33071 Thank you. Sincerely, Ellie Hoffmen, Deputy Clerk NO~ICE OF BOARD OF SUP~~ FOR T,P'J,Y C'OMI~II~ITY DgVELOPMigl~T ~icfT, iCE iS HEREBY GIVEN, that an election by paper ballot will ?~ held on January 6, 1998, within the territorial boundaries o[ the Lely Community Development District as indicated on the map to elect members to Seats 3 and 4 of the Board of Supervisors by qualified electors. The ele~;tion shall be_ conducted by election officials appoint, ed by th<: S~;per';isor o~ Elections pursuant to applicable general law. All ~]alified electors residing · within 'he territorial boundaries of the Lely Co~t~nity De','eiopm,~n'. l,~stric, a:; indicated on the map may vote b'/ ,o. :n sai~] election. Absentee voting ma7 be pe:r'.i~.~,.~ upton cr~,~,l:ance with applicable provision~ of generai law. Th,. legal desc:iption of the District's boundaries is on file at the Collier County Government Center, Clerk to the Board Office, Administration Building, 4th Floor. BOARD OF COb?;'TY CO[~MISSIONERS COI, LiER CObT;TY, FLORIDA TIMOTHY ~,. }{A~:Cr~jK, CHAIP3~; ~tllC;}{T E. BP. FY~K, C[.ERK /s,'Maurc,.r, Ken'/,0n, Deputy Clerk I NAPLES DAILY NEWS 'd.~ r L 3394 0 Affid~vil of Publ State of Florida C~nty of Colher NOTICE OF BOARD OF SUPF,RVISORS FOR LEtY COMMUNITY DD/F,.LOPMF.NT 12/01/97 ~0~ 13:28 FAX ~]001 9 A -~ Memo Speo~ E~c~ - Re~dulx~ No. Dis~Sct~. IO]OON.W. ll~hM~nor, CondSpri~,FL 33071. If you have quesxio~ just let me ~. 4001 Tm'~,a~l RESOLUTION NO. 97- 443 A RESOLUTION ORDERING AND CALLING FOR THE ELECTION OF MEMBERS TO THE BOARD OF SUPERVISORS OF LELY COMMUNITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS, TO BE HELD BY PAPER BALLOT ON JAN~3ARY 6, 1998, AS SET FORTH IN SECTION 190.006, FLORIDA STATUTES, AS ;.~E~ED. 9 A--,, mq ~EREAS, The Lely Community Development District was established by Rule No. 42K-1, Florida Administrative Code, approved and adopted on Decen%ber 18, 1990 by the Florida Land and Water AdJudicato~f Commission, acting pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, and Rule 42-K1, F.A.C.; and 'WHEREAS, as outlined in Section 190.006, Florida Statutes, as amended, a Community Development District of less than 5,000 acres in area must elect members of the Board of Supervisors by qualified electors after a minimum of six years and if there are at least 25,9 ~]alified electors in a district. 'WHEREAS, the area served by the district is approximately 1,538 acres; and WHEREAS, the number of qualified electors has reached and now exceeds 250 mer~ers; and WHERE3~$, the Community Development District has been in existence for six (6} years; and WHEKEAS, two of the memb{~rs of the Board of Supervisors whose terms are expiring are required to be elected by qualified electors, pursuant to Section 190.006, Florida Statutes, as amended; an~ WHEP, EAS, the Board of County Commissioners of Collier County, Florida, pursuant to general law, herein calls the special paper ballot election for the election of members to the Board of Supervisors for Lely Community Development District by qualified electors as set forth in Section 190.006, Florida Statutes, as amended. NOW, THEREFORE, BE IT RESOLVED BY T%{E BOA~ OF COb'NTY CO~MISSIO~RS OF COLLIER COUP, FIX)RIDA, that: SECTION O~. ELECTION CALLED The election is hereby ordered and called to be held on January 6, 1998 by paper ballot for the purpose of electing two me~%bers to the Board of Supervisors of the Lely Community Development District by qualified electors as provided for in Section 190.006, Florida Statutes, as amended. Seat No. 3 shall be elected for a 2 year term. Seat No. 4 shall be elected for a 4 year term. ~F,~iIIQI{_~WO. OUA_LIFYING W~{DOW FOR CJ~IDATE~ All candidates shall be qualified electors of the District. The qualifying window for candidates shall be from 8:00 a.m. on Wednesday, November 26, 1997 through 5:00 pm. on Monday, Dece~Lber 1, 1997. ~CTION THREE. PERSONS ENTITLED TO VOTE. The persons entitled to vote in the election shall be all the qualified electors residing within the territorial boundaries of the Lely Community Development District, as described in the metes and bounds legal description of the external boundaries of the District, a copy of which is attached hereto as Exhibit ~CTI~L_FQUR. PAPER BALL~TAND ELECTION OFFICI/LLS. 7'he election shall be held by paper ballot within the territorial boundaries of the Lely Community Development District as described in "A'. The paper ballot election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. SECTION FIVe. FORM Ol~ T~ BALLOT. A. The paper ballot to be used in said election shall be in substantially the following form: QFFICIAL BALLOT BOARD OF SUPERVISORS ELECTION FOR LELY COMMUNITY D~VELOPMENT DISTRICT JANUARY 6, 1998 SEAT }UGMBER ( YEAR TERM) [Vote for no more than one (1)] B. The Supervisor of Elections shall include on all paper ballots such instructions to voters as are necessary. The Clerk of this Board shall publish a notice of the election Ly paper ballot in the Naples Daily News, a newspaper of general circulation published in Collier ~'ounty, Florida. There shall be at least thirty (30) days notice of said election, with publicdtion to be made at least twice, once in the fifth week and once in the third week prior to the week in which the election is to be held. Said notice shall be in substantially the following form: ~Q~.QA~D O, SUPm~VI~O~ FOR n~ny_~ DISTRICT ~J~NCTION BY P~ NOTICE IS HEREBY GIVEN, that an election by paper ballot will be held on January 6, 1998, within the territorial boundaries cf the Lely Co~nunity Development District as - 3 described in 'A" to elect members to Seats 3 and 4 of the Board o£ Supervisors by qualified electors. /he election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. All qualified electors residing within the territorial boundaries of the Lely Community Development District as described in "A" may vote by paper ballot in said election. Absentee voting may be permitted upon compliance with applicable provisions of general law. This Resolution adopted this ~J day of ........ , 1997 after motion, second and majority vote favoring same. ATTEST: DWIG}{T E. BROCK, Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COU~FPf, FLORIDA TIMOTHY/. HANCOCK, CHAIRPtrGq Ramiro Ma~a~ ~ch ~'"~- Chief Assistant County Attorney 9 A- EXHIBIT "A" Legal Description fo~ LELY CC~.~.~iI~f DgWELO~ME~W DI.~I~RICT I)~'?,C:~[PTI,',:~: A)l that part eof [;,_'cti,jf.c Pl, p/, 2~, 33 ,:nd 34, 'rownnhiD %n ~.'~'~1~, Kanqe ~6 ~ar;~ ~nd Dart 'l ".c-:l'.h, Pa:~,;,, )(, Ea~:t, Cc~l]~r Cout~t,t, l'lorida, and b,?~nq more ~,ar~ ~,'ut,'~rl./ d,."~c~ ~l~cq a~, [al I I:,, '~,':~t ! 'r;~. n,r :,aid rr:] ~.r.:~li,~ t.~ll'e~ {3) des,::~bl~ ('rnlr~Ctq; ] ) ~;o~It'.h al~12'0t~'' East q6q. h4 Fr,.'L ; 2) t/rott/I C,'"4')'40" l<,lnt. 1702.0D ~er?L ; 3} :~ ~t.l h Page I of 6 ~6~i3' ]2" ?~;'. {4~.%] feet; 2) N~)[Jh 32'20';1" wet,',. 7.36.05 feet west line Horlh 02'5~'09" East 1RI .54 fcc%; thence leaving said !inn :,n~th ]3'~3'52" East. 243.49 ~ect; Lhence northoan:er]y ha'~in~ a radius gl 690.00 feet throuah a central 5o:]th 45'19'17" E~ct PRg.04 iu,31 ; Lh,nce South 5'7~24'4/'' East c:~ru':;ar curv~, ,:.3:m;.jv,? northerly havin~ a ra<~u:-; a~ 12~,3.00 fcct '-.'~'~'"~ly t;.~'.'~;l'i ,, ~nrl:~;n c.t ],:%.00 fCC% t~lLr)~}% a cent:al anqlc :'~'',~;' ',9" i'.,:';t : % I.~i5 /c,.'~ ; ~h~,nc.~ :;')s' h (3H"I L' IL" wc:;t 70.00 t'a,!e 2 of c, 0~'ii' 11" '-'c:~ ?O0.0O fnet; thence Nr)r~t~ R]'48'49" F.~'.t !70.00 ~cct thence Louth 0R'[l']l" KAr.~ 100.00 /,~.t: thenr~ R~'48'49" west 35.00 ~ect; thcnc'c 5outh 08'] ] ' 11" ~as% c~nt:dl anqte of 56'15'00" and beill~ ~ubtcnded by a c~d which b.~ ~o~lth !$'56'19" '~eSt. 197 99 ' '~' ' ' " . . ~c_t; thence Soutk 4K 03 49 ~'cut 70 O0 fnet; thenuc South 4 b6'lI Ea~' %El %4 ~uct; '' , ' _. ' ' ~ ' " - ~ ..... .o nort'.ho,~'r~t, ly ,_n~.;,',, ~;~,rtn )~"4; ]0 East 518.58 ~ce~; ............ 4~;~.82 f~:~. ;~1~::,; thc nrc: o~ a circular crc:ye concave nc:rtL'~cst,.riy havir:rI a radius (3f 550.U0 fuel tL[c~u~h a N~>rt~: 33')l 'lO" EA~~ 428.6~ f,...t; , ~ . . . ,,,, 'hence, };,):th 10"41' 3~ Eeoc. 2[38.40 f.nt; thence nort. hcasterly 393.40 fcct along t.h,, arc ctirc~llaz c~lrv, cot~c~vo ~c~t'h~att.r~y h~,/ln~ n radi~n c.[ ~15.00 a c}~<~',l w~ich b~nrr, Hot'th 26'2'/'15" Eat;t ]88,46 ~cct; thence ar:c: :~u::*~wc.'~' ezlky i7 4 { [not. a~(~n~3 the arc of a ~i rcula, c~rvc' ~o::ccve w,~:stc:L,/ ha'.,ir;<; ~ :adl,:% cf 25.00 [~et throu<ih a central ~;ort~, O0'4S' 4 .... ~',~[4t 3,1.O'J f':CL '.O a point o[ lC'vUISC t}~o~,r,, l~.;rth,~.y,, or~'/ ~8. ~ ~.t,' ,,}~t,~3 ~ I~,'. ~lct c~f a r'i r,-,:l,l: conca'/~ r'.<~tthcastcrLy }xaving ~ }a,:)ur. c,f )405.00 fcct throuqh c.~: ~,~I an~;], cf C't'~37'24'' ,:~n~{ ~,,~%:~g ~,',~t,~nded b'/ a ch,:,:':] ['ago 3 of c, 9 A- ",,'a:'. ~;,:r'.~. t,[~4b'3!t" W~nt 88.84 :,'_'ct; thence along a '9 %c~ SI F. 4~;~ 86.6] feet; t,]cn._ sou L~ ~y . _6 feet ~r},.~.%b f,..ct aionq thc arc of n circu]a~ curve concave 23'i1'i]" and bc~nq subtended by a chord which bears ~ou~h ' " , ' ' ' ' r, 16 7,'''~T,'%4 :,,':~ %{~'; 4R f~qt.; '~Ir'ltr'r' 5r~; h P, 9~OR ~O" F;,~. f,2,:', thcncP ~a~tcrly 1'10.84 fe~t. alon~ the a:c cf a cz~uula~ ,.u:v, cr~;:cav,. :~r~,.},,',r]y havinq a zad~:n o~ '/'la. O0 [c,:t thrn:l~h ,'~t~":',~ ~::'v(' ,:'x~:',tv,, ',m:Lher[y k~,/~ng a rad~F, of '/4~.00 feet. H')'q~''O" ~:a:;t ~&.'~ i,'~ ; :L~t:c,: uJ.~l,,r ly ]6~. 3~ ffic~t alonq thc subt,3~d,:(i by a chord w}:lch b~..ar:~ South 82'5~' ] 3" ~la.nt. 163.0b feet to a po~r;t c,f revern~ curv,:t,t:e; thence cast,~zly 1'/0.84 fee: .{1,,:%,; t~c arc c)f a c~:c~,~ar c'~:'vc coIic',lvr~ I~Grthr~rly h,%Vl~g ':;,',lrlc; '';~,t.u;v~crl 1)}' ,~ cNc~rd w~ch bears %rau~ t~ H2'51 ' i 1" Kant ' IG. t,') ' ,.~,t ; ' ~,,r~ ,,. f;,3,a~'..., Rr)'(J~t' 10'' Fiat;'. 7 ~5 . O0 fmr-'.., ' ~ ;I pc~i '~n t~." ;,[r~[~'~SC'5 wr.,':t~t]y riu[~t-hr-way ii[u: ~r c.n. 9LL isle [',,qe '1 ,,[ & 9 A- C,l~,ri Noa¢!; Ih~,nce run along said propon~.d ~ic~ht-or-wa¥ lin,. th~ [o~]c~in~; th~e {]) dl~crib~d c:~i~es t)cinQ par.~]~.~,l with and 25 feet ,~estnrly u~ t.h~ existing riuht-o(-way of C.R. 751; 1) ~;out.t~ 00'51'41" W~nt 7434.47 tee~; 2) southerly 1695.32 feet. a%onG the arc o[ a circular curve concave westerly hav~ng a radius of 2789.93 feet through a central angle of 34'48'58" and beinq ~ubtended by a chord which b,ar~ South 18'16'10" west 1669.36 feet.; 3) 5outh 35"40'39" west 5513.54 feet. t.o ,z point (~n the noIthwcstc~7]y tine of that ]and d~cribed in O. R. Rnok pa,;c 459; thence le~v[ng ~a[d r~ght--of-way line and along the no:t)~castcr]y line of ~a~d ]and, North 54'20'24" West ~94.9R feet.; tkencc along t)~c northwesterly linc .of sn%d ]and, South 35'40'~9" Wc~t 219.95 feet to a po%et on the right-of-way linn n[ U.5. 41, T~Jni~mi Trail; thence a]ong riqht-o[-way i[nc North 54'20'24" Went 325.00 f~[ to ~o'.~therl~ont corner o[ th,zk 1,%nd d,3sc:ibed in O. R. Book 1173, page 789; thence alon~ tho southeasterly line o~ said ]and, 35e40']9'' Enat ~75.00 feet; thence along the northea~%e:iy linc northwesterly lkne of said land, 5ouLh 35'40'39" west 275.00 feet to a point ~)~ the no~the,~;tor ]y r~ght, of-way ]~nn or u.~;. 41, 'l'am=,~:~i Trail; t'h~nc~ along said ri(iht-of-way tine, North 54'2C'24" Went 959.]2 feet; %hence cuntinuc alonq said r-igh~-af- ~ay line North 54'25'09" West 3328.63 feet %o a point on the north and south 1/4 section linc ol said' Section 33; thence ~aid north and souLh 1/4 ~ection line North 02"43'23" 3282.44 fe,.,t to thc, no~th 1/4 cornel o[ said Section 33; thence ,]l~)nq Lhe ~;c)uth I in~ c)f said Section YR, North 89'33'01" 2626.~/ f'n('t to Lhe Poirlt or Be~innin(7; contaLnir~ 153N./'; Psge 5 of 6 9 A° Page 6 of 6 TO: FROM: SUBJECT: Board of County Commissioners November 25, 1997 Mary W. Morgan, Supervisor of Elections LELY COMMUNITY DEVELOPMENT DISTRICT W'rth respect to the Lely Community Development Distdct election of January 6, 1998, I request you make it conditional upon the completion of three additional items: 1. The district will pay for the cost of said election. 2. The district will ensure we are able to use the clubhouse within the distdct as the poll site. 3. The district will pursue a legislat~e act changing the date or its elections to occur simuttaneoush/with regularly scheduled state elections - that is, in even- numbered year~. Thank you for your consideration in this regard. cc: County Attorney's ~ Michael Volpe, District's Attorney AND NON-AD VALOR[Vi ASSESSI','IENTS WILLIAM MARKILIAM, CFA, ASA Broward County Properly ApFal$~' I¢owMd Co~,nt¥ Go.re.nenlal Center. Ro~m ItS $*'>uth Ae, deew$ Aveeme. Fo~t Lsudatcdala, Fl~Idl 33101-~899 29-t6 I LOT 2t,22 BLK e IBBIIlliSBliliBllliB I,,ll,,h,h,,ll,,,ll,ll,,,ll,,I,,,I,,I,l,,ll,,,,ll,,,ll,l,hl MU I VAY THIS IS NOT A BILL The ta=tng authorities which levy pros>aery Sa.es against yo~' ~ope~ will soon ~td P~LIC ~ARINGS tO adopt bud~eh and tax rates f~ ~ ~rt ye~. ~ propose of the P~LIC HEARINGS is to recede ~inlons horn ~e general public ~ to ~ntw~ ~ettions on ~ ~opo~id tax ~a~ a~ ~et PRI~ TO T~I~G F~L ACT~ E~h t.i~ ~oei~ m~ AMENO OR ALFER its ~sals al ~4 ~ing FA~ TO PAY TAXES ~ ~N-AO V~M ASSESSME~S WILL ~S~T IN T~ IS~ ~ A T~ CERTIFICA~ ANO MAY RESET ~ ~ LOSS OF TITLL Pro~sed Ad Valorem Taxes 82~ .?1 g10,74 '~10.41 I 158.43 320. S? )44.1~ ST. tG 79.25 11.73 12.73 4.4~ 6.37 I?G $& 28411 13.0S l e~.l& 2.70383 241.4g 13,64 3.0t0.29 5400 STLRLING RD. HOLLY~3OO. SEPT 15. 7:OO P~ ~ S[ 3 ~V[. FT. LA~., SEPT g. 5:~ ~ PH (5&tlGB&-68~: 3~1 ~N CL~ gO. Bt.~ 9-1 )H (S(t)&2?-338G: C~TY C~tSS[~ CHA~EqS 340 ~ExN DRiVe. ~ eEACH. SEPT 11. 5:30 P~ ~ 765-46~?: ~LL~ HELLS H[~ ~C~L 54~ STI~L]~ ~0J0. SEPT ~, 7:~ p~ eH 355-5675; BROVARO GENERAL HCOICkL CENTEg A~ITQR]~ t~ $ ~R[~ AVE, SEPT ~O. 5:30 P~ )H ?E4-142E: H~LL~O I[A~ T~ ~LL 875. 14 828. 1C 340. 70.5g 12.3 196.57 6a.O7 13.75 155.15 ~[~ ..... RE~I0(NTJAL ~TY VXLL COLLLCT S EESIDr~IAL ~V rILL ~LLECT I t1.1~,3~ IN ASSES~ S ~TY rILL COLLECT ~ 17.176.~98 ''TOTAL ' t S32.32 3.532,~1 997 NOT*ICE Of: PIIOPOSED PROPERTY TAXES ANO NON-AD VALO~ ASSESSIV~?T$ COLLIER COUNTY IrLORIDA R£QUF. ST FOR L£GAL ADVERTISING OF PUBLIC HF. ARINGS 12A1 To: Clerk to the Board: P~a~e place the folio~fn[ u a: Pctitum No. (if none. Ig;nee brief ~pOo¢~): CP-97-02 (Name & Address)' Bruoe Andenon Young. Van~en~ & Varnadoe l~,OI l.aure! O~ Dr.. Suite Naples. Fl. 34108 Bob Duane Ho~e. Montes&Assoc. 715 10~ St. S. Nap~. Fl. 34102 Name & Address of any pen,~s) to be nouf~l lay. Clerk's ~: (ff more stance ts r, oeO~ attach ~elaUate sheet) Jim Co~oumo. Trusu~ 4099 Tamiami Trail N,. State 305. Naplet Fl. 34103 tleafing before xx BCC BZA Other P. equ~ted lieanng datc (Bau~ on a~.cnllement appcannK I0 da?$ beforc heann~ Octo~r 14. I~ZJ7 Ne-~,W)apcrl$) to be uKd (Complete onF! ~f important) [)ally N~ ~ ~r ~ ~lly ~]~ Com~nlon ~lt~n(~). If a~'& ~ ~ng ~ ~,u~F~,~l~,s, ng~?'xY~ ~ No If Y~.-~t~nts~ld~c~'~for~'~: Dr~UOn tlc~d DI~'11UBUTION INSTRUCTIONS For ke.a~i~ before BCC or BZA: Lnttiattn~ pe~on m co~ple~ o~e copy and obtain Dkvislo~ tle~d lppr~vnl mbml~i~l~ to Coonty Manager. No~e: If Mai ~ment Is invo4vtd~ be ~r~ thai any nec~sa~ k~nl r~vie~v, or fo4' ~n'~. '~ submitled to Count? Attorney bcfor~ ~ubmittJn~ to Connty Mantllcr. The Mtnagcr'l office will dlstrib~ste copi~: [] Coum~ Manatcr nl~tnda file: to [] Req~cs~inlt Di~ion [] O~n~ B. ~ ~ ln:t~ng [~ ~ ~ ~ ~ ~t ~ m C~'s (~l~, r~mng a ~ I~ fi~. FOR CLt~'S 0~1~ USt O Y- 12A1 "~ 774-8406 N'j. [~TE ST. TIt'E TOTAL TII'~ 12A1 ' ~tob~.r 14 i997 Board of County Commissioners Public Hearing Adver ti s i~ ?lease publish the following Advertisement and Map an Fri_~__~October 3~ and furnish proof of publication to the Comprehensive Planning Section, 2800 North Horseshoe Drive, ~laples, Florida 33942. The advertisement should be no less t~,an one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. August 14, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue ~;aples, Florida 34102 Re: Notice of P~Jblic Hearing to consider Petition CP-97-02 Dear Judi: Please advertise the above referenced notice one time on Friday, October 3, 1997. This advertisement s~uld be no less than one-quarter pa~e and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. ~o. 111-138317-649100 (Long Range Planning) RESOLUTION NO. g7-~ A RESOLUTION APPROVING A PROPOSED AMENDMEHT TO THE GOLDEN GATE AREA MASTER PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS BY AMENDING SECTION B.1.B.4 'INTERSTATE ACTIVITY CENTERS' OF THE URBAN COMMERCIAL DISTRICT SECTION OF THE URBAN DESIGNATION SECTION OF THE LAND USE DESCRIPTION SECTION BY ADDING A NEW SUBDISTRICT CALLED THE PINE RIDGE ROAD MIXED USE DISTRICT TO ALLOW C-1/T USES AND BY AMENDING SECTION B. 1.C.3 SECOND PARAGRAPH SUBPARAGRAPH C 'CONDITIONAL USES' ALSO OF THE LAND USE DESIGNATION DESCRIPTION SECTION BY INCREASING THE ACREAGE REQUIREMENT ALLOV~D FOR CONDITIONAL USES. WHEREAS, Collier County, pursuant to Sec:lion 153,3161, et. seo.., Florida Statutes, the Florida Local Government Comprehensh, e Planning and Land Development Regulation Act, was required tO prepare and adopt a comprehenS4Ve plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier Counly Growth Management Plan on January 10, 1989; and WHEREAS, tr~e Local Govemmen, ComprehenSiVe Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respectNe comprehensrve plans and outlines certain procedures 1o amend adopted comprehensive plans pursuanl to Sections 163.31~4 and 163.3187, Florida Statutes; and WHEREAS, Bruce Anderson and Robe~l Duane, representing Jim Colosimo, Trustee, has submitted an application Io the Collier County Planning Services (Department lo amend the Ooiden Gate Area Masler Plan by allc, w~r~ a new subdistrtct called the Pine Ridge Mixed Use Oistncl and to increase the ar~reage allowed for conditional uses ~n Transihonal Areas. WI-IERF~,,S. the Collier County Planning Commission has considered the proposed amendment to the Golden Gate Area Master Plan pursuant Io the authority granted to il by Section 163 3174. Florida Statutes (1995), and has recommended apc~roval of said amendment ID the Board of County CommiS-~oners: and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment. various State agencies and the Department ot' Community Affairs (DCA) have ninety (90) days to review 1he proposed Amendment and DCA must transmit, ~n writing to Collier County, ds comments along with any objections and any recommendations for modification, w~hin said ninety (90) days pursuant to Section 163.3184, Flodda Statutes; and WHEREAS. Collier Courtly, upon receipt of the wnflen comments from DCA must adopt, adop~ wflh char~jes or not adopt the proposed Growth Management Plan Amendment. within 5~xly (60) days of Such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Managemenl Plan Amendment. must review and determine if the Plan Amendment is in compliance with the Local Government Comprehensive Planning and Land Development Ac~ of 1985; the State Comprehensrve Plan; Ihe appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statules. NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: The Board hereby apfxoves this proposed amendment lo the Land Use Designation Descnp(ion Section of the Golden Gate Area Masler Plan, page 21, Section B.1 .B.4 and page 28, Section B.1 .C.3, second paragraph sul:)!~ragraph c, in accordance wfth Section 163.31~1,, Florida Statutes. The text o! the amendment is attached hereto as Exhibit 'A' and incorporated by reference herein, for purpose of transmitlal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendment i:)dor to final adoplion and State determination of compliance. THIS RESOLUTION ADOPTED after motion, second and majonty vote this day of .1997. ATTEST: DWIGHT E BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Ap~oved as lo form and legal sufficiency: MARJOI~IE M. STUDENT ASSistant County Altomey cP.g7-02 Transmittal Resolution EXHIBIT 'A' 1 ) Arr~c~cl t~ ex.~l~ ~ G~t~ A~a Ma.~' Ptan ~o al~ ~ ~e~ion ~ a 'P)~ R~e R~ M~ U~ ~ ~ ~ ~ t~n 5 a~ ~ ~1~ u~ ~ ~ e~ ~ of the ~y. ~ ~ te~ ~a~e is to ~ ~ I~e~ate A~y Ce~er, ~e 21, ~ B.1.B,4 ~f~: ~mn B.1 .O.4 t~e~e ~ Ce~er of the ~ U~ ~n~mn ~ion 'On ~e f~es of ~e O~n O~e Ma~er Plan ~u~a~s there a~ ~eral ~r~ls t~ are ~ ~hln ~ Inte~o A~y Ce~e~ at b75 a~ Pine R~e Ro~ d~ail~ in the Cou~ F~um ~ U~ Eleme~ ~U~. Pa~15 ~in th~ A~ Ce~ am ~ to ~e ~unty~e FLUE a~ n~ this Ma~e~ P~an. Adl~ ~m A~ Ceme~ ~ ~ ~ ~ ~ P75 a~ on ~e ~ ~e of Pine R~e Ro~ ~ a ~o~ ~ 1Z79 ~ ~ to ~ ~ ~ ~ Na~ G~ PUD. ~ ~ ~ ~ ~ P~ ~ Ro~ M~ U~ ~ a~ ~ of T~ 12. 13. a~ 28 ~ O~ ~e ¢~m~. UnR 35. ~ ~ in Pla ~ 7. P~ ~ ~ ~ ~ f~ ~ ~ ~1~ ~ ~ ~~1 Tm~l U~ ~ m e~ ~ to ~ ~ ~ ~~ ~ ~ ~ the ~ Un~ ~e~ ~ ~ f~ ~e ~ ~ in ~ ~v. ~h ~s to en~m ~m~l~ ~ nea~ m~e~ial am~. a~u~e~ to the I~ ~ 75 f~ . ~-;a:~ ~. ~ ~ ~ man~ may ~ all~ ~htn ~e 75 f~ ~ ama a~ ~ ~ ~Rv line ~ R ~11 ~ t~t~ ~an ~ f~ to ~ ~ ~ I1~: · M~mum ~r affa ~ 35.~ ~uare fe~ ~ A~ix g of the Su~ ~me~ ~es a d~all~ map of 1he A~Nffy Ce~er ~u~da~es. 2) Ame~ the ext~i~ Go. eh Gate Area Ma~er Plan to ~ ~ffional u~s in ex~ of 5 a~es. The ffo~ le~ ~a~ ls to the C~i~al U~ Se~ion, ~e 28, S~icn B.1 ,C.3, ~ ~m~ ~m~ c of Ihe ~ U~ In ~i~, ~nal u~s ~y ~ g~ In tran~lonal areas. The ~ of th~ n~ a~e for r~l u~. ~e ~nal u~ ~11 a~ ~ a tmns~ional ~n n~e~al a~ ~1 areas. ~e f~l~ ~ena ~all a~y for Tra~nal Co~ffionat U~ ~ue~: a. S~e shall ~ direly a Jja~nt to non-res~e~ial u~ (zon~ or SEe ~11 ~ ~ ~o~f than % m~ mile from the inte~n of a ~h~ ~ec c. S~e ~all ~ 2.5 ~ or ~ in ~e a~ s~ll ~ ex~ 5 ~ Pine R~ Ro~ M~ U~ ~d~ ~h ~ i~e~i~ ~ic d. ~ ~al u~s ~all ~ ~ on the all~a~e e. S~e shall n~ ~ ~ja~ to a c~ur~ o~ ~bef ~a~ of ~ip, ~1, ~al ~ ~e~l o~anlzatlon, ~t~ ~m ~nter, ~ ~al~ ho~, ho~, m~ h~e, ~ for the ~, ~u~ f~er ~, ~i~mn's h~e, mha~t~a~ ~e~ Pmje~ ~all ~e ~uate ~eH~ from ~ent~l W~ u~d are ~; W~ ~ am de~. ExhSb~t 8 12Al o ; lOO0 .~A~ tN ~ET 2~ I - 75 R.O.W. PUO '-B.55:t: SINGLE FAMILY ESTA'IE.S -31.B1:t: ACRE~ R.O.W. -8.71:1: ~ ~ ~ - 300' RADIUS FROM PROPERTY BOUNDARY GOLDEN GATE ZOHING MAP 12A1 111111111111111111111111111111111111111111111111111111111.111111 ~-~ /~13--~ ?~/ .... . 111111111111111~!!!i[I11111111111111111111111111111111111111111 ]~aoz~'~lo= (83.3) 774-8406 · 293 ~13-211 12:25 88'82'11 29~ f~6-21 [ 12:54 8t~' 03' 11 9~ 199"al393 9263~8~ August 21, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CP-97-02 Dear Judi: Please 'kill" the previous request to advertise the above-referenced petition on Friday, October 3, 1997. Please advertise the above referenced notice and ~nap one time on Friday, November 14, 1997. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Account No. 11]-138317-64910¢ (Long Range Planning) NOTICE OF PROPOSED C}{~(~E TO THE GOLDEN CATE PLAN The Board of County Commissioners proposes to adopt the following by Resolution for transmittal to the ¢ .... of Florida Department of Community Affairs for preliminary review and comment: A PESOi,UTION APPROVING A PROPOSED ;d4ENDMENT TO ?HE GOi,DE:I GATE AI~,EA MASTER PLAJl FOR 7RAIiSM i ?7AL TO IHE DE PAt~TMENT OY CO~4UNI TY AFFAIRS BY AMENDING SECTION B.1.B.4 "INTERSTAIE ACTIVITY CENTERS" OF THE URBAN COMMERCIAL DISiRiCi SECTION OF THE URBA3~ DESIGNATION .~ECTi2:; ')F ~HE I,ANE, USE E:ESCPIPTiON SECTION B'f ADDIHG A NEW SUBDiSTRIC7 CALLED THE ~iNE RIDGE FOAL MIXED USE DiSTP. ICT TO ALLOW C-i/T USES ~'{ ;~E[lb~NG SECTION B.1.C.3 SECOND ~UBPAPAG~APH C "CONDITIONAL USES" ALSO OF 7HE [~ID USE DES IGNAT loll DESCRIPTION SECTION BY iNCREASiNG THE ACREAGE REQUIREME~IT ALLOWED FOR CONDITICIIAL USES. A public hear~nq on the Pesoluticn will be held on November 25, 1997 at 9:00 ,~2~ in the Board of County Commi£sioners Meet:ng Room, ~'' Floor, Arlministrat~on Building, Count'/ Government .enter, East :laples, FLoor,da All ~nteres~d parties are invit.J to appea- and ~)e heard Cop~es of the [~roposed Resolution ,]re avallable for inspection at the Collier Count'/ Clerk's Office, 4" ~'loor, ;..~Inlstration Building, County Government Center, East Naples, ~'lorida; and at Comprehensive Planning Section, 2800 H. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. ,~nd 5:00 P.M., Monda'/ through ~riday. t%~y que~;tlons ;)ertakninq to these ~ocuments should be directed to the Comprehensive Planning [~ectlon. Written co~ents filed with the -lerk to the Board's Office :)r~or to Nov=,,,;)c~ 25 , '997, ',;ii' be read ar, d considered at the public hearing. If a person decides to appeal any decision made by the Board of County Commissioners with ~espect to any matter considered at such meeting or hearing, he w~ll need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings Ys made, which record ~ncludes the testimony and evidence upon which the appea~ is to be based. By: /S/ &Jlie Hoffm.~n, Deputy Clerk 'SEAL) F.~hibt t B 1 2Al ~ 500 1000 200O SCALE IN FEET I - 75 R.O.W. Sad0LE FAIdILY ESTA~ - ~S1.61:1: ACR~ RAOCUS FROId BOUNDARY GOLDEN GATE ZONING Auqust 2i, 1997 Mr. Robert Duane Hole, Monteq & Associates 7i5 10th Street South Naples, FL 34102 Re: Public Hearing to Consider Petition CP-97-02 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 ~:ews on Friday, November 14, 1997. You are invited to attend this public hearing. Sincerely, Ellie }{offman, Deputy Clerk E:~closure 12A1 August 21, 1997 Mr. R. Bruce Anderson Young, vanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 ~aples, FL 34108 Re: Public Hearing to Consider Petition CP-97-02 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 %he enclosed notice. The legal notice pertaining to this petition will be published in the Nap]es Daily ~;ews on Friday, November 14, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12Al August 21, 1997 Mr. Jim Colosimo, Trustee 4099 Tamiami Trail North, Suite 305 Naples, FL 34103 Re: Public Hearing to Consider Petition CP-97-02 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 ~ews on Friday, November 14, 1997. You are invited to attend this public hearing. Sincerely, Ellie }{offman, Deputy Clerk F~nc ] ostJre interof ce memo To: RE: August 18. 19~7 Maureen Kenyon. Supewtso~ Minutes & Recon3s Lee La,me. Planner II Public Headng Date for CP-gT-02 Per our cor~versalJon Ihi$ dale,/he pet~lioner has requested thai Petition CP-97-02 be heard on NoYember 25. 1997 in,~ead of Oclober 14, 1~7 as r~oled in the reques~ for advertL~ng. Could you ptea~e make lhe nec~s~.a~/changes fo~ IhL$ new heanng date Thank you. Lee cc Barbara Pedone August 14, 1997 Bob Duane Hole, Montes & Associates 715 10th Street South Naples, FL 34102 RE: Notice of Public Hearing to consider Petition CP-97-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, October 3, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Enc]. cc: Bruce Anderson Jim Colosimo August 14, 1997 Bruce Anderson Young, vanAssenderp & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 RE: ~;otice of Public }{earing to consider Petition CP-97-02 Dear Petitioner: Please be. advised that the above referenced petition will be considered ~t the Board of County Commissioners on T~]esday, Octo~3r 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be publish.~d in the Naples Daily News on Friday, October 3, 1997. You are invited to atte[l ! this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Bob Duane Jim Colosimo 12Al August 14, 1997 Jim Colosimo, Trustee 4099 Tamiami Trail North, Suite 305 Naples, FL 34103 RE: Notice of Public Hearing to consider Petition CP-97-02 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County C.3mmissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, October 3, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Bruce Anderson Bob Duane ~. FL .10~0 Affidavit of Publication State of Florida Cot~ty of C4:¢f~ --- ~~~,- __ we~ o~ oa~ ~ 12t' PURl.lC NOTICE PUBI,IC ,NOTICE .... PURl.lC NO'f ICL NOTICE OF PROPOSED CHANGE TO THE GOLDEN GATE AREA MASTER The Board M C.~Jntf Comm~s~,":~er$ p~ to adopt the foll~mg ~ Re~lut,on for trnnsm~ttal tn the State ~ Fl~tda ~padment ~ ¢~mum~ Afla~r~ fn~ pmhmma~ r~ew and comment: A RE~LUTION APPROVING A PROPOSED AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN fOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS BY A','Er~O~G SECTION B.1.B.4 "INTERSTATE ACTIVITY CENTERS" OF THE URBAN COMMEPCb% DISTRICT 5ECTIOfi OF ~H[ URBAN DESIGNATION SECTION OF THE ~NO ~JSE DE%~IPTION SECTION BY ADDIHG A NEW SUBDISTRICT CALLED THE PiNE RIDGE PC&D MIXED USE OISTRICT TO ALLOW C-1~ USES AND BY AMENDING SECTION B1 C 3 SECOND PA~RAPH SUBPA~H C '~NOITIONAL USES' ALSO OF THE LAND USE DESIGNATION ~I~M ~[~ION BY INCR~SING THE ACREAGE REOUIREMENT ALLOWED FOR COMO~N~ USES. A ~bl,c heann~ .m the r~l~ion will ~ ~ ~ F~r 25. Jgg7 at gOO AM in the ~rd ~n~ ~m,~ers Meehn8 R~. 3rd F~. ~ministration Bufldm¢, County G~ernment ~nter.- East Naples. Fief,da. All mtetest~ p~m~ are ,mC ted to ap~r and ~ h..ard. ~p~es ¢ t~ pro~ed R~lubon are ava,lable.. Dnve ~lap ~ r~o~4a ~tw~n the h~i~ ¢ 8'~ AM. and 5:~ PM. ~aonoay araB- ~. queshons [~,mn8 tO Ih~ ~ument$ s~ld ~ dlr~t¢ to the ~pfehensive Plann,n~ WnHen commer*ts h'.ed w~th the Clerk ~ Ihe ~ard's ~e prior ID N~em~r 25, 1997. w,II ~ and ccn$~der¢ at the ~ ~rm~. If a ~r~n d~d~ to ap~ml m~ ~ made ~ the ~rd o~ c~nty comm,ss~one~ with reset tO any m4ft~r consr~ered at ~h m~i~ ~ ~;~ ~ will n~ a r~¢d ct that pr~dm~, and for such ~,~/ms ~e may need to ,ns,J,e :hat ~ '~im ~o~ ¢ the pf~eedm~s ~s made. wh,ch record I~I~e', the l~',hmOr~t and ~de~e u~)n which t~ ap~al ~s to ~ ba~d BOARD Of COUNTY COMMISSIOr~EPS COl LIER COUNTY. FLORIDA ~)w~C, Hf E BR~K, CLE. NK BY' ~Llhe Hoflman. De~y Cler~ J Ii Ne/, 14, if't'/ RESOLUTION NO. g7- ~lq~ A RESOLUTION APPROVING A PROPOSED AMENDMENT TO THE GOLDEN GATE AREA MASTER PI_AN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS BY AMENDING SECTION B.1 'INTERSTATE ACTIVITY CENTERS' OF THE URBAN COMMERCIAL DISTRICT SECTION OF THE URBAN DESIGNATION SECTION OF THE LAND USE DESCRIPTION SECTION BY ADDING A NEW SUBDISTRICT CALLED THE PINE RIDGE ROAD MIXED USE DISTRICT TO ALLOW C-lfT USES AND BY AMENDING SECTION B.1.C.3 SECOND PARAGRAPH SUBPARAGRAPH C 'CONDITIONAL USES' ALSO OF THE LAND USE DESIGNATION DESCRIPTION SECTION BY INCREASING THE ACREAGE REQUIREMENT ALLOWED FOR CONDITIONAL USES. WHEREAS, C,')llier County, pursuant to Seclion 163.3161, et. seq., Flonda Statules, the Florida Local Government Comprehensive Planning and Land Developmenl Regulation Act. was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier Counly Board of County Commissioners adopted the Collier Counly Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local govemmenls Io amend their respective comprehensive plans and outlines cerlain procedures to amend adopted comprehensive plans pursuant to Sections 163 3184 and 163.3187, Flodda Statutes; and WHEREAS, Bruce Anderson and Robed Duane, representing Jim Cclosimo, Trustee, has submitted an applicalion to the Collier County Planning Secvices Department to amend the Golden Gate Area Master Plan by allowing a new subdislnct called the Pine Ridge Mixed Use District and to increase Ihe acreage allowed for conditional uses in Transitional Areas. WHEREAS, the Coltier County Planning Commission has considered the proposed amendment to the Golden Gale Area Master Plan pursuant Io the authonly granted to it by Sec-lion 163.3t74, Florida Statutes (1995), and has recommended approval of said amendment Io lhe Board of County Commissioners; and WHEREAS, upon receipl of Collier Counly's proposed Growlh Management Plan Amendment, various State egenc~es and the Department of Community Affairs (DCA) have ninety (90) days to review Ihe proposed Amendmenl and DCA must transmit, in writing to Collier County. Ks comments along W~th any ob~echons and any recommendations for modification, Wqhin said ninety (90) days pursuanl Io Section 163.318.4, Florida Statutes; and WHEREAS. Collier Courtly. upon receip~ of tl~e wntlen comments from DCA must adopt. adol~ wtth changes or not adopt the proposed Growth Management Plan Amendment. within .sixty (60) days of .such receipt pursuanl Io Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growlh Management Plan Amendment. must review and determine if the Plan Amendment is ~n compliance witr' Ihe Local Government Comprehensive Planning and Land £',evelopment ACt of 1985; the Sta~e Comprehensive Plan; the appropdale Regional Policy Plan and Rule 9J-5, Florida Administrative Code, pursuant lo Section 163.3184, Florida Slah,,tes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board hereby approves this proposed amendment to the Land Use Designation Descdp*Jon Section of the Golden Gate Area Masler Plan, page 21, Section B.1 .B.4 and page 28, Section 6.1 .C.3, second paragraph subgar~.~graph c, in accordance with Section 163.3184, Florida Statutes. The lext of the amendment is attached hereto as Exhibit 'A' and incorporated by reference herein, for purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoplion and State determination of compliance. THIS RESOLUTION ADOPTED after motion, second and majority vote this day Of ~.x~/S.~,/,,..~/.,~-~ , lgg7. ATTEST: DWIGHT E.. BROCK, Clerk App¢oved as Io form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chai~an ,,/ MARJOI~E M. STUDENT Assistant County AI1omey cP-g7-02 Transn~ittal Resolution 12A1 : EXHIBIT 'A' 1) Amend the existing Golden Gate Area Master Plan to allow the creation of a 'Pine Ridge Road Mixed Use Disldct' allowing no more than 5 acres of C-lfT uses on Ihe eastern portion ot' the property. The proposed lex1 change is to the ~ Interstate Activity Center. page 2'i, Section B.1 .B.4 as follows: Section B.1 .B 4 Interslate Activity Center of the Land Use Designation Description Section 'On the fdnges of the Golden Gate Master Plan boundaries there are several parcels that are located within the Interstate Activity Center at 1-75 and Pine Ridge Road as detailed in the County-wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County-wide FLUE and not this Master Plan. Adiacent to this Activity Center On the .we~ side qf 1-75 a~nd qn the north s~de of Pine Ridge Road is a property com[xtsir~ 12,79 awes located to the west of the Naotes Gateway Pt, JOB wflich i$ designated as the Pine Rk~e Rqed Mix~l Use ~i~Fic~ ~nd con.sist$ of Tracts ~_2, !3, and 28 of Golden G~e Esta~(,~, Unil 35. as recorded jn Plat Book 7, Pa~e 85. of the Public Records_o! Collier Cguqt. y, W~,hin ~his di~tdc~ no more than 35,0OO square feet on__5 acres 9! o~fiq, e reli~led u~,es as ~ forth in lhe C-lfT (-the Commercial ProfesSorial Transitional U~,,e District) am permitted within the eastern portion of this ~rty. The i~o~erty in i~s efltir~y is ~a.l~,~) perrnitled to be developed with Conditional Uses p~rn'~itted t v the E~ates Zonir~ District. Such ~,ermitled u~,es shall be _encouraGed to be $ul~nitted as a Planne~ Unil Development Zonir~o Di~tdct for the subiec~ ~,~erty in its ~ttret~. w~h 51:~al atlention to be pr~ide~ for sharl~t a~,ce~, water marla~ement, uniform lartdscaolr)o. ~,ionaoe. sc~reenir~ and buffedr~, and other ~ertinent dev~lo~:~ent startdal~'s Io ensure crom~til~lit¥ w~th nearly, residential areas, and ~,~l~ttq th~ fOllOwir~ ._a,._dd_ ~}gflal criteria; · There shall be no acc, es~ o~o Liyjn~3ston Woods Lane[ · There shall be a minimum landscaped buffer alor~ the nort.h a_.nd we~t propert~ ~of 75 feet; · Driveway_accre~, par'ldno and water manaGemerit may be allowed within the 75 fe__et___l~_ fief ar~a alono the we~t [xo[)ert¥ line ar~ water management within the 7.5' buff.er area alQr'~ the noah m'operty line but none of thes~e uses shall be Ioc. ated Cl~,er theft :)0 feet to the west or north ~ropertv line: and · N.~.~aulom__m_~_bil¢ pa~in~, homel¢~ shelters or ~oup kitchens shall be permitted Appendix 9 of the Support Document provides a detailed map of the Activity Center boundaries 2) Amend the existing Golden Gate Area Master Plan to permit conditional uses in excess of § acres. The proposed lex1 change is to the Conditional Use Section, page Section B1 C.3, second paragraph sub-paragraph c of the Land Use Designation DeSC.nption Section as follow~: Section B.1 .C.3, second paragraph sub-paragraph c Conditional Uses in addition, condilional uses may be granted in transitional areas. The purpose of lhis provision is to allow conditional uses in areas adjacent to non-residential uses generally not appropriate for residential use. The conditional use will act as a transitional use between non-residential and residential areas. The following c. dteda shall appty for Transitional Conditional Use requests: a. Site shall be directly adjacent to non-residential use (zoned or developed); b. Site shall be no closer than % road mile from the inter~ection of a Neighborhood Center; Site shall be 2.5 acres or more in ~ze and shall not exceed 5 acre~, unle.ss the ~l;)iect ~oDert¥ is adjacent to an Interstate Activity Center or the Pine R;j(X~e Road Mi,xed U~ Distdct with no int. erYenin~ public ~reet~. d. P~e,,~,~,mal c..,onditional uses shall bo located on the allowable acreage directly adjacent to the non-residential use; e. Site s~all not be adjacent to a church or other place, of womhip, school, social or fraternal o~anization, chill care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation confer; and f. Project shall provide adequate buffering from residential areas. Words .underlined are additions: Words ~ ~¢euQh are deletions. 1 2B1 "" lingUIST l~lt ~IrG,IA N)YI, ITIGI# oIr PIJILIC I~I&IIIG;S Petition lU,,. (If n-~n~, I1-~ I~'~,~ ~-~(rilat~n): PUD-flg-ig( ~ ) pet,,,~,r: c.-,,- ~.-d~.~.): '4r. William $chveikhardt, Trustee 900 6th Ave. S. ,, ':ai?les~ FI~. 34102 Karen K. Risho~,FMS,Znc. of Napl 2335 N. T~miami Trail,Sutte 40~ NaL~les,Fia. 34103 Trustee, requestin.-; an amendment to the Donovan Center PUD (see attached title) C,.xq:int~ pitltlorv, I), If W, & lrW kelvin Itel .,,_ ~, /.,~ /J~/~~-- ~ Olvitt~ ~ Dote ' . z ~ ~ D~Ce Lilt ltt~l. :(1) ~(~) ..... (3), Dl$II IMI~I I~ iililililllillillililillliilillllllllllilililiililllliilHlilil !11111111111111111111111111111111111111111111111111111111111111 Z, oc~o~ Colliar Count~ .C~chouse '~ ~ozr~'~o: (s131 776-8606 Octo?>er 29, 1997 Ms. Judith Flanagan Naples Daily NeWs 1075 Central Avenue Naples, Florida 34102 Re: ~;otice of Intent to consider Petition PUD-89-19(1) Dear Judi: Please advertise the a~),;e referenced notice one time on Sunday, ~ovember 9, 1997 and ,~e,.J the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl, P.O. Ho. 800551 12B1 ~;OTICE OF INTENT TO CONSIDER ORDINANCE ~;otice is here~! given that on TUESDAYf ~OVEMBER 25~ 1997 in the Boardroom, 3rd Floor, Administration Bullding, Collier County Gove[nment Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Corr~issioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: A/~ ORDINA~CE AMENDING ORDINANCE ~A3MBER 91-102, THE COLLIER COU~'f LA~fD DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZO:;I~;q REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COlD,q-f, FLORIDA, BY AMENDING THE OFFICIAL ZO~;I~;G ATLAS MAP ~UJ]4BERED 8630,'.; BY CHANGI~G THE ZONING CLASSIFICATION OF %q{E HEREIN DESCRIBED REAL PROPERTY FRO~4 ' PUD' TO ' P'JD' PLA~;ED U~,IIT DEVELOPME~;T F~;Og;N AS DONOVAN CENTER, FOR PROPERT"! LOCATED AT THE SOUTHWEST INTERSECTION INTERSTATE 75 At;D I~D¢OF~\LEE ROAD (C.R. 846), IN SECTION 30, TGW~;SHI? 48 SOUTH, P~;GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTI~IG OF 47.0 ACRES; PROVIDING FOR THE REPEAL OF ORDIN;W;CE ~7MBER 90-84, AS ;~MENDED. THE FORMER DONOVAN CE:;TEP PUD; A~;D BY PRO%'iDI~;G FOR AN EFFECTIVE DATE. OF Petition ;'UD~89-19(1;, Karen K. Bishop of PMS, Inc., of Naples, representing William Schweikhardt, Trustee, requestin~ a change in the zoning classification 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 proceeding~ pertaininw thereto and therefore, ~%y need to ensure that a verbatim record of the proceedings is ~de, which record includes the testimony and evidence upon which the appeal is based, BOAR[) OF COUNTY COt~MISSIONERS COLLIER COUt;TY, FLORIDA TIHOTHY L. HA~;COCK, CHAIRJWS~N FM~iG}{T E. BROCK, CLERK By: /s/Sue [~arbirett i, Deputy Clerk (SEAl,) October 29, 1997 Mr. William Schweikhardt, Trustee 900 6th Avenue South Naples, FL 34102 RE: Motice to Intent to consider Petition PUD-89-19(1} 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 enc].osed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday ~;ovember 9, 1997. are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Karen Bishop 12B1 ' ' October 29, 1997 Karen Bishop PMS, Inc., of Naples 2335 Tamtami Trail North, Suite 408 ~;aplez, FL 34103 RE: ~;otice to Intent to consider Petition PUD-89-19(1) 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, Sue Barbiretti. Deputy Clerk Enc]. cc: William Schweikhardt, Trustee ORD I NAIf;CE 97- All ORDiNA~4CE A/4E}~DING ORDINANCE NUMBER 91-102, THE COLLIER COL,'NTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ARFA OF COLLIER COLD;T'f, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS M3%P NnuT~BERED 8630N BY CHA_NGiNG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT I~;O'~,; AS DGNOVAN CENTER, FOR PROPERTY LOCATED AT THE SOUTHWEST iI;TERSECTiO~ OF INTERSTATE 75 AND IMMOKALEE BOA/) (C.R. 846), IN SECTION 30, TOWNSHIP 48 GOUT}{, PIC;GE 2.5 EAST, COLLIER COUTITY, FLORIDA, CONSISTING OF 47.0 ACRES; PROVIDING FOR THE REPEJ~,L OF ORDINANCE ~CJMBER 99-84, AS AME.~FDED, THE FCP34ER DONOVAN CENTER PUD; AI~D BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop of PMS, inc., of Naples, representing Mr. Will/am Schweikhardt, Trur;tee, petitioned the Board of Count}' Commissioners to change the zonir.~ classification of the herelr, described real property; NOW THEP. EFO~E RE IT ORDAINED BY THE BOARD OF COb%;TY CO~,'4ISSIONER£ OF COLLIER CObT~TY, FLORIDA; SECTION ONE: The Zon,.r.9 Classificatior. of the herein described real property located ~n Section 20, Township 48 Sou'th, Range 26 East, Collier Count),, Florida, is changed from "P~JO" to "PUL'" Planned Unit Deve!opmen: in accordance with the PUD Dc<:~:r:e:~.~, attached hereto as Exhibi~ "A", wh,_ch is incorporated here::; and b}' reference made par~ hereof. The Off,cia! Zoning Atlas M-~p nu~d~ered %630N, as described in Ordinance Num,ber 91-!02, the Co]iier Ccunty Land Develcp.-..ent CcJe, are hereby amended accordingly. SECTION TWO; Ordinance Number 90-84, as amended, known as ~he Donovan Center Pb-O, adopted on No'/ember 27, 1990 by the 5~ard of County Commissioners of Col lief County, is hereby repe:~led In ~ts entirety. _S ECT_.?..Ob' . .T..~,R E E: This Ordinance shall become effec.-.ive upon filing with the Depart.ment of State. PASSED ~2 D DULY AFYQPTED by the Board of County Commissioners of Collier County, Florida, t~is .~ day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COM~4ISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FOPJ~ A2;D LEGAL SUFFICI EI;C'f ~h/LP~I-~. M. S?UDENT ASSISTANT COLD,;TY ATTOP2;EY TIMOTHY L. HANCOCK, CHAIRMAN f/PUD-ag-19(l)/Ordinance PLANNED UNIT DEVELOPMENT DOCUMENT FOR DONOVAN A PLANNED RESIOENTI,~.L COMMUNITY Prepared by: PMS, Inc. of Naples 2335 Tamiami Trail N. #303B Naples, Flohda 34103 Date Rev"wed I~/CCPC: Date AI3Proved by BCC: Ordinance Number: TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI Property Ownership & Description Project Development Residential District Community Commercial District Reserve District General Development Commitments PAGE 1 3 5 10 13 17 19 LIST OF EXHIBITS EXHIBIT 'A' PUD Master Plan / VVater Management Ptan STATEMENT OF COMPLIANCE The development of appro;,'imately 47+~- acres of property in Section 30, Township 48 South, Range 26 East, Collier County, as a Planned Unit Development to be known as Donovan Center PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial and multi-family facilities of the Donovan Center PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is within the southwest quadrant of the 1-75 / Immokalee Road Interchange Activit'/Center Land Use Designation as identified on the Future Land Use Map, as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element (FLUE). The Future Land Use Element permits commercial and multi-family land uses in this area. This strategic location allows the site superior access for the location of highway interchange commercial and multi-family uses. The subject propert/'s location in re!ation to existing or proposed community facilities and ser'/ices permits the development's intensit7 of land use as required in Objective 2 of the Future Land Use Element The project development ~s compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project shall be in compliance with all applicable Count/regulations including the Growth Management Plan. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier Count'/Land Development Code as set forth in Policy 3 1 of the Future Land Use Element The project provides an interconnect with the Stiles PUD to the west This access point will provide a future connection W~th the future traffic signal on Immokalee Road as designated on the Colher County Access Management Plan, as described in Pclicy 4.4 cf the Future Land Use Element Group Housing wh~chincludesadulthvingfacihtiesandnurs~nghomes, is permitted in tne Urban Desigr;ated Area per Policy 5 8 of the Future Land Use Element. Donovan Cen!er 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. The project will be served by a complete range of services and utilities as approved by the Count'/. 1 281 The pro~ density of Oonovan Center is 7.0 dwelling units per acre which is permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use E~ement Policy 5.1. The entire subject property qualifies for a base density of four dwellir, g units per acre. The subject property also is within a one mile radius of the a~ivity center qualifying the project for an additional 3 dwelling units per acre. The project also provides an interconnect v~th the project, to the west and to the east and is therefore, consistent with Policy 4.4 of the Future Land Use Element. SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 ~__U RPOSi~ 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 name of Donovan Center PUD. L_E~ A L_. D_E_.,.~C R I P T I O.N A parcel of land located in the North ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Flodda, being more particularly described as follows: Commence at the Northwest corner of Section 30, Township 48 South, Range 26 East, Colher Count,/, Florida. the same be;ng a point on the Nodherly right-of-way tine or lmmokatee Road, C.R. #846 a 100.00 foot right-of-way; thence run South 88 24' 18' East along the North line of the Northwest quader of the said Section 30 and along said right-of-way line for a distance of 1980.23 feet to the Northwest corner of the East half of the Eas~ half of the Northwest quarter of the said Section 30; thence run South 00 31' 31' East along the West line of the East half of the East half of the Northwest quarter of the said Section 30 for a distance of 113.85 feet to a point on the Southwesterly right-of-way line of S.R. #93 (Interstate 75) and the ~OIN_T_.~.F B.F,_G._INNING of the parcel of land herein described; thence continue S. 00 31' 31" East along the West line of the East half of the East half of the Northwest quarter of the said Sechon 30 for a distance of 2556 01 feet to the Southwest corner of the East half of the East half of the Northwest quarter of the said Section 30; thence run South 88 23' 44" East along the South lithe of the Northwest quarter of the said Section 30 for a distance of 659.84 feet to the Southeast corner of the Northwest quarter of the said Section 30; thence run North 00 31' 12" West along the East line of the Northwest quarter of the said Section 30 for a distance of 1334.98 feet to the Northeast corner of the East half of the Southeast quarter of the Northwest quarter of the said Section 30: thence run South 88 24' 36' East along the South line of the Southwest quarter of the Southwest quarter of the Northwest quarter of the Northeast quarter of the said Secticn 30 for a distance of 330.22 feet to the Southeast corner of the West half of the West half of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North 00 31' 40" West along the East line of the West half of the VVest half of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 1001.30 feet to the Southeast corner of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North 88 25' 16" West along the South line of the Northwest quarter of the Northwest quar',er of the Northwest quarter of the Northeast quarter of the said Section 30 for a dista;]ce of 100.07 feet to a point 100.00 feet West of, as measured at right angles to, the East iine of the Northwest quarter of the Northwest quarter of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North 00 31' 40 ' West, parallel with the East line of the Northwest quarter of the Northwest quader of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 193.66 feet to the Southwesterly 3 1.3 1.4 right-of.way line of S R. //93 (Interstate 75); thence run North 88 25' 29' West along said right-of-way line for a distance of 346.14 feet; thence run North 85 38' 38' West along said right-of way line for a distance of 545.52 feet to the POINT.OF BEGINNING. Containing 47 07 acres, more or less. Subject to easements, reservabons or restrictions of record. Bearings refer to an assumed bearing of S. 88 24' 18" E. along the North line of the Northwest ¼ of Section 30, Township 48 South, Range 26 East, Collier County, Florida. (LEGAL DESCR1PTIOH IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOU,",IDARY SURVEY BY ROBERT SOUTH, FL ES.//2668.) PROPERTY OW N ~E R $_H I__p_P The subject property is currently o';,,ned by Traders Unlimited of Naples, Inc, The Mutual Funding Rea~tl of Flor.da. a.qd Wa!ter T. Donovan, Trustee. BE N_ E_ _RAk_ Q E S_C_R_ !_PZ~D .N_ p F_ P_R_.Q.P_ .E_ 8__TY_AR_E _A The subject property is located at the Southwest intersection of Interstate 75 and Immoka!ee Road (C.R. 846) of unincorporated Collier Count,/, Florida. The subject p¢opert/is located within an Interchange Activity Center as designated cn the Future Land Use Map B The property is currentI/ vacant. The entire sile currentty has PUD zoning. 1.5 1.6 .P_.~.O J EC.T_DESCRIPTION The Donovan Center PUD will include a mixture of land uses for commercial, residential, hotel/motel and group housing The Donovan Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facihties Uniform guidelines and standards will be created for such features and facilities as landscapm, g, signage, lighting, roadway treatments, fences and buffers. The ~ ' . ,,las,er Plan is iilustrat~,d graphically on Exhibit -A- PUD Master Plan. ALand Use Surnrr~ar/indicating ' *,- az, prox~r:;a,_ land use acreage is shown on the master plan. _S H 0 R_T_TI__T This Ordinance shall be known and cited as the "Donovan Center Planned Unit Development Ordinance.' SECTION II PROJECT DEVELOPMENT I2B1 2.1 2.2 2.3 EU_ gPOSE The purpos~ -~ this Section is to delineate and generally describe the project plan of development, re!atJonships to applicable County ordinances, the respec',ive land uses of the tracts included in the project, as well as other project relationships. _G E N.E?,_~_L_ A Regulations for development of the Donovan Center PUD shall be in accordance v/~th the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Colher County Grov4h Management Plan in effect at the time of local fir,al development order or budding permit applicahan. Where these regulations fait to provide developmental standards, then the provisions of the most similar district in the (.:oilier County Land Development Code shall apply. 8 Un!ess other',,¢~se noted, 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 date of adoption o! this PUD. All conditions imposed and graphic material presented depicting restrictlons for the development of the Donovan Center PUD shall become part of the regulations which govern the manner m which the PUD site ma'/be developed D Unless specifically ¥/a~ved through any variance or waiver provisions from any other applicable regulabons, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E Developmenl permitted by the approval of this petitlon wdl be subjected to a concurrency review ucder the provisions of Division 3.15 Adequate Public Facilities of the Collier Count,/Laqd Development Code at [he earliest, or next, to occ~.'r of either F',nal Site Development Plan approval, Fin~.l Plat approval, or building permit issuance applicable to this development. PROJECT PLAN AND PROPOSED LAND USE.._S_S A The project Master Plan is illustrated graphically by Exhibit "A', PUD Master Plan. Minor modifications to Exhibit 'A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. 5 2.4 2,5 2.6 2.7 2.8 2.9 C 1791 In addition to the various areas and s,;>ecific items shown in Exhibit "A'. easemenls (such as u~ihty, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessary. .L&N_ D_U_S_E_ Exhibit "A'. PUD Master Plan, constitutes the required PUD Development Plan Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code. when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C ~,ppropnate instruments will be provided at the time of infrastructural irr,.provements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. A__M.E_N_D_?I~EN__ZTS._TO PUD DOCUMENT OR PUD, MASTE.R PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier Count,/Land Development Code. .M_OD E L H_O__M. E~ Model Homes and Mcdel Home Sales Centers shall be permitted as provided for in Section 2 6. 334 of the Collier Count'/Land Development Code. LIMITATIONS OF PLANNED !J~IT DEVEL_O_~_M__ENT APPROVAL Th~s PUD is subject to Ihe sunse~ing provisions as provided for w:th~n Arlicle 2. D~',,is~on 27,,~..,,__c~,,-',,-,r, 2 7 3 4 ,-~, the Cother Ccunt't L.~nd Development Code PUD MON!TQR!NG ;,,¢. a,'-r-ual mor'~tor,,'*,~ report shall be subm;,'ted pursuant to Article 2, Division 2 7, Section 2 7 3 5 of the Colher County Land Development Code. DEDICATION AND MAINTENANCE__OF FACILITIES The Developer shall create appropriate proper't'/ownership association(s) which ;,,,ill be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements ',,,'here such system~ are not dedicated to the County. 1PR1 2.10 2.11 2.12 2.13 2.14 2.1,5 .O P_E _N_S_P_A .C E.~ E~_Q.U_[R_.E M E NTS A minimum o¢ thirty percent (30%) of the project's gross area shall be devoted to open space, purs~ant to Article 2, Division 2.6, Section 2.6.32 of the Collier Count'/ Land Development Code. The total project is 47 +/- acres requiring a minimum of 14 acres to be retained as open space throughout the Donovan Center PUD. This requirement shall not apply to individual development parcels. NATIVE VEGETA!I_O__N RETENTION REQ,.UIREMENTS Pursuant to Article 3. Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 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 future use of building space v,4thin common areas for the purposes of accommodating the function of an electoral polling place .S !.G_NS S~9ns shall be ~n accordance ',v~th Article 2. Division 2 5 of the Collier Count'/Lar:d Development Code L._A_I_I_I~E__~SETBACK AND EXC~_¥ATIO,N_ The lake setback requirements described in Arbcle 3, Division 3.5, Section 3 5 7.1 of the Collier Count'/Land Development Code may be reduced with the administratPve approval of the Coilier Count'/Engineering Review Manager. All lakes greater than t',vo (2) acres may be e;rcavated to the maximum commercial excavation depths set forth in Section 3.5.7 3.1; however, removal of fill from Donovan Center 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. ~.X_.~_AV_AI!O_N Improvement of proper't',/shall be prohibited prior to issuance of a building permit. Ho site work. removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit ',','here tr, e development proposed requires a building permit under the Land Development Code or other applicable Count,/regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an app'oved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling 7 B plans have been submitted and approved meeting [he standards of Section 1 2 B 1 ''" 32.8.36, of the Code, Removal of e×otic, vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 39 of the Land Development Code. A site clearing, grading, filling and revegetation plan where applicable shall be subrmtled to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the propert'/. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement 21ans incorporate and retain native vegetation. The site specific clearing, gradir'g, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject ~o the followir,~ requirements: Removal of e;,'otic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permiY, ed or required to stabilize and deter reinfestation by exotics subject to the follcw4ng' Provision of a site filling and grading plan for review and approval by the County; Provision of a revegetation plan for review and approval by the Count't: c Payment of the applicable review fee for site alteration plan review. S~te filli,'-2 exceeding 25 acres lo properly utilize fill generated cn site, but which does not require the removal of more than 25 acres of protected vegetat:on, ma7 be approved by the Community Development and En,;~rorrqe~tat S~-rvic~s. . Administrator subject to submission of ',h_,--, following: ;- sde deanng plan shall be submitted for re,,,~e,,,,, and ap,:,roval that sr, ows the acres to be cleared. A minimum of 25% of "¢',=- natural f..r, choning vegetation shall be retained. The applicant shall submit a detailed description of the ,"ill and site ;,,ork activity including a plan indicating fill placement locations and C~pths. grading plan and water management improveme.'-,ts The applicant shall submit a detailed revegetation plan including a csst estimate. The cost estimate shall include the cost of grad rig. revegetat~on and yeady maintenance cost and a time specific schedule on completion of the revegetation work. 2.16 The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of' 1 10% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved revecjetation plan and upon occupation of the site. A separate secudty will not be required if such costs are included in subdivision security. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. ARCHITECTURE AND SITE DE.~IGN All buddings, signage, lighting, landscaping and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site De velopment Plan approval demonstrabng compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit 9 SECTION III RESIDENTIAL DISTRICT 3.1 3.2 3.3 3.4 PURPOS~ The purpose of this section is to identify permitled uses and development standards for areas within Donovan Center PUD designated on Exhibit "A", PUD Master Plan as 'Residential'. MAXI M U_M_D W E L LIN g _U N!T__~S A maximum number of 140 residential dwelling units may be constructed on lands designated "Residential" on the PUD Master Plan, _G_E_N_ ~ _F3,A_L..~.E_$. C RIP TION A Areas designated as "Residential" on the PUD Master Plan are designed to accommodate multi-family residential dwelling units, Adult Congregate Living Facilities, asscciated recreational facilities, essential services, and customary accessory uses. The approximate acreage of 'Residential' distdct is twenty (20) acres Actual acreages of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. Residential tracts are designed to acccmmodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses found in residential areas. .P_E_R.M !_TT_E D._ U..S _E S_A. 0_,,s_[ h~o budding or structure, or pad thereof, shall be erected, altered, or used, or land or water used, ir; whole or part for other than the following: A Principal Uses Multi-family dwelling units. Assisted Living Facilities pursuant to Section 2.6.26 CCLDC Guard hcuses and entrance gates. Recreational facilities that serve the residential development including but not limited to tennis courts, pools, pool cabanas, clubhouses or gazebos and tot lots. Any other principal use which is comparable in nature with the foregoing uses, 10 Accessory Uses 1 Uses and structures that are necessar,t and incidental to uses permitted as a right including, but not limited to, garages and carports. Parks, passive recreational areas, boardwalks, observation platforms. Biking, hiking, health and nature trails. Water management facilities and lakes, including lakes with seawall and other ty~es of architectural bank treatment, and essential services. Recreational shelters, restrooms, off-street parking, lighting and signage. 3.5 DEVELOPME_HT STANDARD_S_ A. Minimum Lot Area One (1) acre. Minimum Lot Width One hundred (100) feet C Minimum Yards Principal Structures. a Front yard - Twenty-five (25) feet. b Rear yard . Twenty.five (25) feet. c Side yard - Fifteen (15) feet. d Reserve area - Fifteen (15) feet. Accessory Structures Setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application. Distance Bet'ween Principal Structures The distance between any two principal structures cn the same parcet shall be fi[teen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. For accessory structure yards, see Division 2.6.2 cf the La~d Development Code Minimum Floor Area 1. Efficiency - 450 square feet. 2. One bedrocm- 600 square feet. 3 Two or more bedrooms- 7~0 square feet. 11 F G 1 281 Maximum Height Three (3) Stories above Mean Flood Elevation Landscaping and Parking Landscaping and off-street parking shall be in accordance with the Collier County Land Development Ccde, as amended. General Application for Setbacks Front yard setbacks shall comply with the following: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line, 12 SECTION IV COMMUNITY COMMERCIAL DISTRICT 1 2B1 '"'" 4.1 4.2 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Donovan Center designated on the Exhibit "A", PUD Master Plan as 'Commercial". GENERAL P_E$CR!PTION Areas desipnated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. The approximate acreage of the "Commercial" district is twenty-six (26) acres. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. Up to two hundred and rift'/thousand (250,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4,3 PERMITTEP~U_$_E$ AND ~TRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in pad, for other than the following: A. Permitted Principal Uses and Structures 1. Agricultural Services (Group 0742, except no outside kenneling) 2. Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) 3. Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5841, 5651, 5661, 5699) 13 9. 10. 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. Automotive Dealers and Gasoline Service Stations (Groups 551 ~, 5521, 5531, 5541, 5551) Automotive Repair, Services and Parking (Groups 7514, 7542) Building Materials, Hardware, Garden Supply (Groups 5231, 525~, 5261) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352, 7359, 7371-7379, 7384, 7389) Communications (Groups 4832, 4833) Depository Institutions (Groups 6011-6099) Eating and Ddnking Places (Groups 5812, 5813) Engineering, Accounting and Management (Groups 8711-8721, 8741, 8742, 8748) Food S:ores (Groups 5411, 5421, 5441, 5451, 5461, 5499) Funeral Service and Crematodes (Group 7261) General Merchandise Stores (Groups 5311, 5331, 5399) Health Services (Groups 8011-8059) Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 573.4, 5735. 5736) Hospitals (Group 8062) Hotels and Motels (Group 7011) Insurance Agents, Brokers and Service ( Group 6411) Mernbership Organizations (Groups 8641, 8561) Miscellaneous Repair Services (Groups 7622, 7623, 7629, 763!, 7641) (Group 7599 with approval of Current Planning Manager who shall be guided by the objective of allowing uses that are compatible with existing development.) Miscellaneous Retail (Groups 5912. 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) Motion Pictures (Groups 7832-7833) Museum, Art Galleries (Group 8412) 14 4.4 4.5 25. Non-Depository Credit Institutions (Groups 6141, 6159, 6162. 6163) ] ~B ]~ 26. Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 27. Real Estate (Groups 6531, 6541, 6552} 28. Social Services (Group 8351) 29. United States Postal Service (Group 4311) 30. Any other use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. A¢..C. ES$OR, Y USES AND STRUCTURe.,5 A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. P_E_VELOPMENT STANDARD~ A. Minimum lot area~ Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Sid.~ yard: Zero for common or abutting walls, otherwise one-half the height of the building, but not less than Ten (10) feet. Rear yard: Twenty (20) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Setback is Twenty-five (25) feet for a one story building and an additional five (5) feet for each additional story. In the case of buildings with tiered stodes each tiered story shall be setback at least ten (10) feet from the face of the wall immediately below to qualify as a story for setback purposes. Minimum floor area of principal structure: seven hundred and fifty (750) square feet per building on the ground floor. ' 15 H Landscaping and Off-Street Parking shall be in accordance with the Collier Count,/ Land Development Gode, as amended, Maximum height: Fifty (50) feet above Mean Flood Elevation. General application for Setbacks: Front yaFd setbacks shall comply with the following: If the parcel is served by a public or private right-of-v,,ay, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted pdvate drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private ddve, the setback is measured from the road easement or property line. All buildings, landscaping and visible infrastructures shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. Unless specifically permitted for use. outside storage or display of merchandise is prohibited. 16 SECTION V RESERVE DISTRICT 5.1 5.2 5.3 5.4 PURPOSE The purpose of this section is to identif'/permitted uses and development standards for areas within Donovan Center designated on Exhibit "A', PUD Master Plan as Reserve. _G~ N E RAL D ESC RI,PTIO. N_. Areas designated as Reserve on the PUD Master Plan are designed to accommcdate a full range of conservation and limited water management uses and functions. The primar7 purpose of the Reserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Donovan Center residents. PER. M!TTE_~_U.._S_E$ AND STRUCTURES_ No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in ',','hole or in part,, for other than the follov/ing: Permitted Principal Uses and Structures: Passive recreational areas, boardwalks, and recreational shelters. B Nature trails, excluding asfhait paved surfaces. C Water management facilities, structures and lake bulkheads or ct,her architectural treatrnents~ D Mitigation areas. Any other conservation and related open space activity or use which is comparable in nature with the fore(:joing uses and which the Current Planning Manager determines to be compatible in the Reserve Distr;ct DEVELOPMENT STANDARDS All structures shall setback a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of Reserve District boundaries and roads, except for pathways. boardwalks and water management structures, which shall have no required setback. 17 5.5 1281 BESERVE D~I.~, 7~l.CiT., ,C:_O._N__SERVA_TJ.O.N EASEMENT A non-exclusive conservation easement or tract is required by the Collier Count'/Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addison 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 granted by said agendes. The Donovan Center Commons Association shall be responsible for control and maintenance of lands within the Reserve District. 18 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 1281 6.1 6.2 6.3 6.4 ~URPOSE The purpose of this section is to set forth the standards for development of the project. GENERAl. Ail facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local lav~, codes and regulations relating to the subdivisicn of the land, except when 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 the stipulations and conditions of the permitting agencies. Final master plans, final site development 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. Exhibit "A", PUD Master Plan illust;ates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Plat'ting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas ir, the project A Excavation permits ',",'ill be required for the proposed lakes in accordance with Division 3,5 of the Collier County Land Development Code, as amended. Excavated matedal from the property is intended to be used within the project site. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submit'ted plans is granted by Engineering Review Services. C In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 6.5 6.6 Design and construction of all improvements shall be subject to compliance with the appropriale provisions of Division 2.2 of the Collier County Land Development Code. T__F~A, H,$~P 0 RTATIO N The developer shall provide a fair share cor,tribution toward the capital cost of a traffic signal, including interconnection where appropriate, at any future major access that ser,'es the project warranted by the County. The signal will be owned, operated and maintained by Collier County. The developer shall provide artedal level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. Co The proposed water management outfall is northward into the Cocohatchee Canal; the outfall structure within C.R. 846 right-of- way shall be designed and construC[ed so as to provide capacity to handle road runoff from the C.R. 846 corridor. The Project entry from Immokalee Road will be along its western boundary so as to align with the present median cut and proposed traffic signal on Immokalee Road at the entrance to Pelican Strand. The entry ,,,,,ill designed so that it can be interconnected to and used by the lands that are located to the east, west and south of the Project. As a condition to the interconnection and use of the entryway, the adjoining landowners must make a payment to the Developer of a fair share of the cost of such common entry. A fair share means a payment based upon the [air value of the land area cf the entry and the cost of the road and other improvements thereon that is devoted to a shared or common entry between the Project and the other lands utilizing the entry. The Developer agrees to pay its fair share of the cost of that portion of the ccmmon entr,/located on adjacent property. UTILITIES Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier Ccunty Ordinance 88-7~, as amended, and other applicable County rules and regulations. 20 6.7 6.8 12B1 g_N_G I N_. E_E_E.I:[~_G_ A Except as otherv/ise provided within this PUD document, this project shall be cons ,~ u,..d 0 n required to meet all County Ordinances in effect at the time final documents are submitted for development approval. the property is subdivided into three (3) or more parcels, a plat shall be required. A Environmental permitting shall be in aacodance with the state af Florida Environmental Resource Permit rules and be subject to review and approval by Current Plannit',9 Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & V,rildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildhfe species. Where protected species are observed on site, a Habitat Management Plan for those potected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LDC and theGMP at the time of final development order approval. G. An Environmental Impact Statement (ELS) shall be included with the nexl development order submittal. H. At the time of the next development order submittal the 25% required native vegetation shall be identified, (minimum 11.75 acres). 21 12B1" EXHIBIT A DONOVAN CENTER PUD CONCEPTUAL SITE PLAN EXHIBIT 'A ' t~Lee, FL 3~N~O aA~L[$ ~L ~.~101-3~16 NOTICE OF INTENT TO Stere of Count 7' of Before the ~er~ ~t~r~t7, ~r~LLy t~ A~ilit~t Cor~rete ~cretmry of th Cott~er C~ty, ;t~: t~t t~ ettmc~ ~t~ m ~t~ ~l~t~. ~ ~ ~ ~ ~ttr~ ii le~ ct.~e ~tter et t~ ~tt offtce in ~Lee, Cottte~ C~t~, [tor~, for · attlc~ ~4~y Of ~Jve~tls~nt; ~ afft~t d~t, ~te, c~;It~ ~ ref~ for t~ 11/09 St gneture of AffJent , .,/~ ~' ') ~ l,~otn to I~d ~icrSb~ before ii thtl M t. HMI~OCX, ORDINANCE 97- 73 AN ORDINANCE AMENDING ORDINA/qCE NUMBER 91-102, THE COLLIER COUNTY LARqD DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGUIRkTIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NZ374BERED 8630N BY CHA/qGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUI)" TO "PUD" Pi~dqNED UNIT DEVELOPMENT KNOWN AS DONOVAN CENTER, FOR PROPERTY LOCATED AT THE SOtrrHWEST I~rrERSECTION OF INTERSTATE 75 AND IMMOKALEE ROAD (C.R. 846), IN SECTION 30, TOWNSHIP 48 SOUTH, RAdqGE 26 EAST, COLLIER FLORIDA, CONSISTING OF 47.0 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUY~..BER 90-84, AS ;uMEIqDED, THE FOR/4ER DONOVAN CENTER PUD; ARiD BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop of PMS, Inc., of Naples, representing Mr. William Schweikhardt, Trustee, 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 CObY~TY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section ]0, Township ,;8 South, Range 26 East, Collier County, Florida, ~s changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated Lere~n and by re£erence made part hereof. The Official Zoning Atlas Map numLer'ed 86~0N, as described in Ordinance Number 91-102 · zhe Collier Count'/ Land Development Code, are hereby amended accordingly SEC?ION TWO: Ordinance ,~;u~ber 90-~4, as amended, known as the Donovan Center PUD adopted on November 27, 1990 by ~he Board of County Commissioners of Collier County, ~s hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. 12B 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of :., / .. ./. Collier Count'Z, Florida, this 2 ~- day of , 1997. ATTEST: DWIGHT,E. BROCK, CLERK APPROVED AS TO FO~M ~ LEGAL SUFFICIENCY. BOARD OF COUNTY COMMISSIONERS COLLIER COUN/"f, FLORIDA BY: Tf~TH¥ J~.' }-h~q~C~CK, CI~IRM.~ MARJqRiE :4. STI/DE~UF ASSIST;~NT COU?;TY ATTORJ'~EY 128 1~ PLANNED UNIT DEVELOPMENT DOCUMENT FOR DONOVAN A PLANNED RESIOEI'TT'IAL COMMUNrT'Y Prepared by: PMS, Inc, of Naples 2335 Tamiami Trail N.//3038 Naples. Flodda 34103 Daw Re,v~ewed by CCPC: D,te APl:~Oved by BCC: Ordinance Nunnber- TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI Property Ownership & Description Proiect Development Re sidential District Communrty Commercial D~strict Reserve District General Development Commitments 1 3 5 10 13 17 19 LIST OF EXHIBITS EXHIBIT 'A' PUD Master Ptan / Water Management Plan 12B 1 STATEMENT OF COMPLIANCE The development of appro'~imately 47+1. acres of property in Section 30. Township 48 South, Range 26 East. Colher Count/, as a Planned Unit Development lo be known as Donovan Center PUD .,,~11 be ,n compl, ar'~ce '/,i?.h the planning goals and objectives of Collier County as set forth in the Colher Count'/GrouCh Management Plan, The commercial and multi.family facilities of the Donovan Cenler PUD w~l be consistent W~th the growlh policies, land development regulations, and apphcable corr, prehensive planning objectives for the following reasons' The sublect property is within the southwest quadrant of the 1-75 I Immokalee Road Interchange Act;,,nty Center Lar~ Use Designation as identified on the Future Land Use Map. as described in the Activity Center Subdistrict of the Urban - Commercial District in the Future Land Use Element (FLUE). The Future Land Use Element permits commercial and mult;-family land uses in this area. This strategic location allows the site superior access for the tocahon of highway interchange commercial and multi-family uses. The subject property's location ~n relabon to existing or proposed community facilities and service, s permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element The proJect de','elopment ~s compabble Wqh and complementary to existing and future surrounding land uses as required in Policy 5 4 of the Future Land Use Element. The project gl'iai[ be m compliance w~th all applicable County regulations including the Growth Management Plan 5 All final development orders for this project are subject ~o Division 3.15. Adequate Public Faohhes. o1' the Collier Count',/Land Development Code as set forth in Policy 3.1 of the Future Land Use Element The project prowdes an interconnect w~th the Stiles PUD to the west. This access point ,,,all prowde a future connection ~",nth the future traffic signal on Immokalee Road as designated on the Collier County Access Management Plan, as described in Policy 4.4 of the Future Land Use Element. Group Housing, which includes adult living facilities and nursing homes, is permitted in the Urban Designated Area per Policy 5 8 of the Future Land Use Element. 8 Donovan Cem,;r is planned to incorporab.: natural systems for water management in 3ccordance w~t'; their natural functions ard capabilities as may be required by Objective I 5 of the Dram. age Sub-Element of the Public Facilities Element. The proiect wf(l ~)e served by a complete range of services and utilities as approved by the County. Tho proposed donsity of Donovan Center is 7,0 dwelling units per acre which is permitted b,/the FLUE Den$~y Rating System and is therefore consistent with Future Land Use Element Potic! 5 1 The entire subject property qualifies for a base densit,/of four ch, veiling unds per acre The subject property also is within a one mile radius of the activit7 center qual~r, cj the project for an additional 3 dwelling units per acre. The project also p~ovides an interconnect with the project to the west and to the east and is therefore, c~nsi~tent with Policy 4.4 of the Future Land Use Element. 2 12B 1 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 The purpose of this Section is to set forth the location and ownership of the property, and to cie~,C-nbe Ne existing condition, t, of U",e prope, rty proposed to be developed under the name of Dono,,,an Center PUD. A parc. e{ of land located in the North % of Section 30, Township 48 South. Range 26 East, Collier County, Flonda, being more parlJculady desc..dbed as follows: Commence at the Northwest cc~r~r of ..~3~on 30, Township 48 South, Range 26 East, Cother County, Florida, the same being a point on the Northerly right-of-way line or Immokalee Road, C R. #.848 a 100,00 foot right-of-¥ra% thence run South 88 24' 18' East alor',::j the Nocth line of the NortYrwest quarter of the said Section 30 and along said n§ht-of-way hne for a d~stance of 1980.23 feet to the Northwest comer of the East half of the East half of the Nodhwest quarter of the said Section 30; thence run South 00 31' 31' East along the West line of the East half of the East half of the Northwest quarter of the said Section 3,0 for a distar, ce of 113.85 feet to a point on the Southwesterly right.of-way line of S,R. N93 (interstate 75) and the ~QI~IT OEJ~.~...~].~ of the parcel of land herein described; thence con~nue S. O0 31' 31' East along the West line of the East half of the East half of the Horthwest quarter of the said Section 30 for a distance of 25.56,01 feet to the Southwest comer of t~e East half of the East half of the Northwest quarter of the said -.GectJon 30; thence run South 88 23' 44' East along the South line of the Northwest quarter of the said Section 30 for a distance of 659.84 feet to the Southeast comer of the Nodhwest quarter of the said Section 30; thence run North 00 31' 12' West along the East !ine of the Nodhw,est quarter of the said Sec'don 30 for a distance of 1334.98 feet to the Northeast corner of the East half of the Southeast quarter of the Northwest quarter of the sa~d Section 230, thence run South 88 24' 36' East along the South line of the Southwest quarter of the S,:~thwest quarter of the Norttwvest quarter of the Northeast quarter of the said Section 30 for a distance of 33,022 feet to the Southeast comer of the West half of the West had of the Horthwest quarter of the Northeast quarter of the said Section 30; thence run North O0 31' 40' West along the East line of the West half of the West half of t.he Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 1001.30 feet to the Southeast comer of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North 88 25' 16' West along the South line of the Horthwest quarter of the Northwest quarter of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 100.07 feet to a point 100,00 feet West of, as measured at right angles to, the East line of the Northwest quarter of the Northwest quarter of the Northwest quarter of the Northeast quarter of the said Section 30; thence run North O0 31' 40' West, parallel with the East line of the Northwest quarter of the I',lodh'~est quarter of the Northwest quarter of the Northeast quarter of the said Section 30 for a distance of 193.66 feet to the Southwesterly 1.3 1.4 right-of-way hne of S R #93 (Interstale 75): thence run North 88 2,5' 2g" West along said right.of.way line for a dislance of 348,14 feet; thence run North 85 38' 38" West along said nght-of way line for a distance of 545.52 feet to the POINT OF B~G!NNING. ContaininG 47.07 acres, more or less. Subject to easements, reservations or restrictions of record. E)eanngs refer to an assumed beadng of S. 88 24' 18' E. along the North line of the NorU-,west ¼ of Se~on 30, Tov,~ship 48 South, Range 26 East, Collier County, Flodda. (LEGAL DESCRIPTION IS BASED UPON THE BEARINGS AND DISTANCES FROM A BOUNDARY SURVEY BY ROBERT SOUTH, FL L.S. #2668.) The subject property is currently owned by Traders Unlimited of Naples, Inc, The Mutual Fu,"x:ling Reatt'! of Florida. and Walter T. Donovan, Trustee. The sublect property is located at the Southwest intersection of Interstate 75 and Immokalee Road (C.R. 846) of unincorporated Collier County, Florida. The subject property is located within an Interchange Activity Center as designated on the Future Land Use Map. B The property is currently var..ant. The entire site currently ha~ PUD zoning 1.5 1.6 P_RPJ E C T_ The Donovan Center PUD will include a mixture of land uses for commercial, residential, hotel/molel and group housing The Donovan Center PUD intends to establish guidelines and standards to ensure a high and consistent level of quality for proposed features and facJ(ihes Uniform guidelines and standards '¢,qll be created for such features and faolitJes as landscaping, signage, lighting, roadway treatments, fences and buffers. 'The Master Plan is illustrated graphically on Exhibit 'A" PUD Master Plan A Land Use Summary indicating approximate land use acreage is shown on the master plan. HOIR T_T) TLE This Ordinance shall be known and cited as the "Donovan Center Planned Unit Development Ordinance." 4 12B 1 SECTION II PROJECT DEVELOPMENT 2.1 2.2 2.3 The purpose of this Sect}on is to delineate and generally describe the project plan of development, relation'~hips to applicable County ordinances, the respective land uses of the tracts included in the project, as v,~eli az other p¢oject relationships. Regulatian.~ far development of the Donovan Center PUD shall be in accordance v,~th [~"~ conte,,"e,.~ of this document, PUD-Planned Unit Development District. applicab!e sections and parts of the Collier County Land Development Code and Collier Count,f Grow~,h Manacjement Plan in effect at the time of local final develapmem ,;rder or bu~ldin9 permit application VVhere these regulations fail to provide devel,.pn~entAl standards, then the provisions of the most similar district in the Coihe- Cc~,,,'~t'! Land Development Code ~,hall apply. t3 Unless cther'w',se noted, the definitions of all terms shall be the same as the defin~JCr~S set forth ~n the, Collier County Land Development Code in e~ect at the date of adc~,t]c;n of this PUD C All coc. di'tio~s ~mposed and graphic matenal presented depicting restrictions for the development of the, Donovan Center PUD shall become part of the regulations which govern ~e r,'~anne~ in which the PUD site may be developed. D Unless speOfically waived through any variance or w"a~ver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for th~s PUD remain in full fo~ce and effect. Development permitted by the approval of this petrtion Will be subiected to a concurrer'cy review under the provisions of Dwision 3.15 Adequate Public Facilities of the Colher Count'! Land Development Code at the earliest, or next, to occur of e~ther F;nal Site Development Plan approval, Final Plat approval, or building per'mil, ~ssuance applic~tble to this development. ?, The pro~ect Master Plan is illus[rated graphically by Exhibit 'A°, PUD Master Plan. Minor modifications to Exhibit 'A" may be permitt,~l at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otheca~ise permitted by this PUD Document. 5 12B II 2.4 2.5 2.6 2.7 2.8 2.9 C In addmon to the various areas and specific items shown in Exhibit 'A', easements (such as ublity, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessa~ A Exhibit 'A', PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the prcpert'/and the development of the land shall be in compliance with the Subdi',qsion Regulations and the platting laws of the State of Florida. B The provisions of Division 3 3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3 3 pdor to the issuance of a building permit or other development order. C Appropriate instruments will be provided at the time of infrastructural ~mprovements regarding an',/dedications and the methodology for providing perpelual maintenance of common facilities. Amendments may be made to the PUD as provided in Section 2.7,3,5 of the Collier County Land Development Code, Model Homes and Mode! Home Sales Centers shall be permitted as provided for ~n ~oct;on 2 6 33 4 cf the Collier Count'/Land Development Code LIMITATIONS OF P!,.AHHED_U.I~I'[.DEYJ~I.Q~_M.EN'Y_APPEQ_V_~k Th~s PUD ~s subject to ,,he sunseti~ng provisions as provided for W~thJn Article 2. Division ;~! 7. S(:ctlon 2 7 3 4 of the Colher County Land Development Code. An annual momtoring report shall be. submitted pursuant to Article 2, Division 2.7, Section 2 7.3.6 of the ColHer Count'/Land Development Code. The Developer shall create appropnate property ownership associabon(s) which W~ll be r,:~spons~ble for maintaining the roads, streets, drainage, common areas, and water and .~ewer imp¢overr'ents where such systems are not dedicated to the County. 6 2.10 2.11 2.12 2.13 2.14 2,15 12B 0 P_E N, S .A_C E R E q ql L EMF b[ _,S. A m,mmum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 47 +/. acres requiring a minimum of 14 acres to be retained as open space throughout the Donovan Center PUD, This requirement shall not apply to individual development parcels. I_N~_IV_ E_Y_E.g E TA_TJ_Q_N_ R,[T_E N TIO N R E_~UJ._R_E M E N TS. Pursuant to Arlicle 3. Division 3.9, Section 39.5.5.3 of the Collier County Land Oevelopment Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 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 '.,~thm common areas for the purposes of accommodating the function of an electoral ~olhng place. Signs shall be in accordance with Article 2. Dirsion 2.5 of the Collier County Land Development Code LA.E E _EIBA¢ K. ,NP .E .C..AYATJQB 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 W~th the administrative approval of lhe Collier County Engineering Review Manager, All lakes greater than two (2) acres may be. excavaled to the maximum commercial excavation depths set forth in Section 3 5.7 3 1; however, removal of fill from Donovan Center 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 excavat:on permit ~s received. A Improvement of property shall be prohibfted pdor to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construc"tion of any type may be commenced pdor to the issuance of a building permd where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fit excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public hearth, safety and welfare where clearing, grading and filling 12B 1 B plans have been submitted arm approved meeting the standards of Section 32,8 3.6, of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permil for exotics pursuant to Division 3.9 of the Lar,:J Development Code. A site deanng, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval pdor to any cteadng, grading or filhng on the property, This plan may be submitted in phases to coincide with the de;elopment schedule. The site cleadng plan shall cleady depict how the ~mprovement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be ccnsidered for review and approval under the following categories and subject to the following requirements Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitled or required to stabilize and deter reinfestation by exotics subject to the fo!lowing: Provision of a s~te filling and grading plan for review and approval by the County: Provision of a revegetation plan for review and approval by the County; c Payment ot the apphcabte review fee for site alteration plan review. Site filling exceeding 2.5 acres Io properly utilize fill generated on site. but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: A site clearing plan shall be submitted for review and approval that shows the acres to be cleared, A minimum of 25% of the natural functioning vegetation shall be retained. 'The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. The applicant shall submit a detailed revegetation plan including a cost estimate The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. 12B 1 d The permit'tee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon completion of the approved re. vegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. 3 A vegetation removal permit is not required for the removal of protected vegetation pnor to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2.16 A~C_H_I_~ECTU_R_E__A_NP_,~ITE DESIGN All buildings, s~gnage, lighting, landscaping and visible architecture infrastructure shall have a s~milar archftectural theme and be aesthetically unified. Said unified architectural theme shall include' a similar architectural design and use of similar materials and colors throughcut all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Developmer~t Plan approval demonstrating compliance with these standards, All commeroal buddings ~,hall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Si'te Design Standards and Guidelines) prior to issuance of a building permit. 9 SECTION III RESIDENTIAL DISTRICT 3.1 3.2 3.3 3.4 The purpose of this sa<tm i~ to identify permitted uses and development standards for areas within Doncvan Center PUD designated on Exhibit "A", PUD Master Plan as 'Residential'. A maximum number of 140 residential dwellir~g units may be constructed on lands designated 'Residential' on the PUD Master Plan. A,'eas de:~ignated as 'R,~sidential' o~ the PUD Master Plan are designed to accomm(xtate mu/ti-family residential dwelling units, Adult Congregate Living Facilities. associated recreational facilities, essential services, and customary accessory use~. The approximate acreage of 'Residential' district is twenty (20) acres. Actual acreages of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. Residential tracts are designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facil'~les, and other similar uses found in residential areas. 1'1o building or structure, or part thereof, shall be erected, altered, or used, or land or water used, ir'~ whole or part, for other than the A Principal Usos Mbtti-fam,ly dwelling units. Assisted tiring Facilities pursuant to Section 2.6.26 CCtOC. Guard houses and entrance, gates. Recreational facilities that serve the residential development including but not limited to tennis courts, pools, pool cabanas, clubhouses or gazebos and tot lots. Any other principal use which is comparable in nature with the foregoing U$~ 10 Accesso~ Uses 128 1' Uses and structures that are necessary and incidental to uses peri'relied as a right incJuding, but not limited to, garages and caqxxl:s. Parks, passive recreational areas, boardwalks, observation plaffom'ts. B~king, hiking, health and nature trails. Water management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. Recreational shelters, restrooms, off-street parking, lighting and signage. 3.5 I~.EYF. k_O PM F~~ARD~. Minimum Lot Area One (1) acre. B Minimum Lot Width One hundred (100) feet. Minimum Yards 1 Principal Structures. a Front yard - Twenty.five (25) feet. b Rear yard - Twenty-rn/e (25) feel. c Side yard - Fifteen (15) feet. d Reserve area. Fifteen (15) feet. Accessory Sb'uctures Setbacks shall be as required by Division 2.6,2 of the Land Development Code in effect at the time of building permit application. Distance Between Principal Structures The distance bet~,een any lwo principal structures on the same parcel shall be flfleen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. For acc. essory structure yards, see Division 2.6.2 of the Land Development Code E Minimum Floor Area 1 Efficiency - 450 square feet. 2. One bedrc<;m. 600 squaro fe~ t. 3 Two or more bedrooms. 750 square feet. 11 G Maximum Height Three (3) Siodes above Mean Flood Elevation Landscaping and Parking Landscaping and off-street parking shall be in accordance with the Collier County Land Development Code. as amended General Application for Setbacks Front yard setbacJ,:.s shall comply 'with the following: If the parcel is served by a public or pdvate right-of.way, the setback is measured from the adjacent right-of-way. If the parcel is served by a non-platted private ddve. the setback is measured from the back of curb or edge of pavement. 3 If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 12 SECTION IV COMMUNITY COMMERCIAL DISTRICT 4.1 4.2 The purpose of this section is to ident~ permitted uses and development standards for areas within Donovan Center designated on the Exhibit 'A', PUD Master Plan as 'Commercial'. Areas designated as 'Commercial" on the Master Plan are designed to a¢,"..omm, odate a futl range of commercial uses, hotel/motel, essential services, and customary accessory uses. The approximate acreage of the "Commercial" district is twenty-six (26) acres. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvaJs in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Developrrent Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C Up to two hundred and fifty thousand (250,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4.3 No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in pad, for other than the following: A Permitted Principal Uses and Stn.,K:tures 1 A. gncu rural Services (Group 0742, except no outside kenneling) Amusemeqt and Recreation Services, Indoor only (Groups 7911-7941 7991 7993, 799," 7999) ' ' Apparel and Accessory Stores (Groups 5611, 5621, 5631 5641 5651 5661, ' 13 4 AulomotJve Dealers and Gasoline Service Stations (Groups 5511. 5531. 5541, 5551) 5. Au't~ Repair. Services and Parking (Groups 7514, 7542) 6 Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261) 7 Business Services (Groups 7311.7323, 733~, 7335, 7336, 7338, 7352, 7359, 7371-7379, 738.4, 7389) 8 Communications (Groups 4832, 4833) 9 Depository Institutions (Groups 6011-6099) 10 Eating and Ddnking Places (Groups 5812.5813) Engineering. Accounting and Management (Groups 8711-8721, 8741, 8742, 8748) 12. Food Stores (Grc, ups 5411,5421,5441, 5451, 5481, 5499) 13, Funeral Service and Crematodes (Group 7261) General Merchandise Stores (Groups 5311, 5331, 5.599) 15 Health Services (Groups 8011-8059) 15 Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) 17 Hospitals (Group 8062) 18 Hotels and Motels (Group 7011) 19 Insurance Agents, Brokers and Service ( Group 6411) 20 Membership Organizations (Groups 8641, 8661) Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631, 7641) (Group 7699 with approYal of Current Planning Manager who shall be guided by the objective of allowing uses that are compatible with existing development.) 22 Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984, 5992, 5993, 5999) 23 MoLion Pictures (Groups 7832-7833) 24. Museum, Art Galleries (Group 8412) 14 4.4 4.5 25 Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163) 26. Personal Services (Groups 721!-7212, 7215, 72'19, 722'1, 7231, 724'1, 7251, 729'1) 27. Real Estate (Groups 6531, 6541, 6552) 28. Social Services (Group 8351) 2g United States Postal Service (Group 4311) 30. Any other use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the district. AC:C F,_8_,~Q.B~US ES .AND ,~TRUCTUIRE,~ A Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and v,.hmh the Current Planning Manager determines to be compatible. D.!~YE~LOP_t~ID,.HT_~TAtJPAR A Mimmum lot area; Ten thousand (10,000) square feet. B. Minimum lot width: One hundred (100) feet. C M~nimum yard requirements: 1 Front yard Twenty-five (25) feet. 2 Side yard: Zero for common or abutting walls, other'wise one-half the height of the building, bat not ~ess than Ten (10) feet. 3. Rear yard: Twenty (20) feet D Distant, between pnnClpal struclures~ The distance bet'~een any two pnncipal structures on the same parcel shall be fifteen (15) feet or a distance equal to one hate the sum ,of their heights, whichever is greater. Setback is Twenty-five (25) feet for a one story building and an additional five (5) feet for each additional story. In the case of buildings with tiered stories each tiered stoP/shall be setback at least ten (10) feet from the face of the wall immediately below to qualify as a story for setback purposes. Minimum floor area of pnncipal structure: seven hundred and fifty (750) square feet per building on the ground floor. E 15 G Land~"..aping and Off-Street Parking shall be in accordance with the Collier County Land Development Code, as amended. H Maximum height: Fifty (50) feet above Mean Flood Elevation. General applica[ion for Setbacks: Front yard setbacks shall comply with the follO'W~r~ If ',he parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted pdvate drive, the setback is measured from the back of curb or edge of pavement. tf the parcel is served by a platted private drive, the setback is measured from the road easement or property line. All buildings, landscaping and Wsible infrastructures shall be architecturally and aestheLically unified. Said unified architectural theme shall include a similar architeclural design, use of materials and colors throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. Unless speofically permitted for use, outside storage or display of merchandise is prohibited. 16 SECTION V RESERVE DISTRICT 5.1 P__~JR P O,~E The purpose of this section is to identify permitted uses and development standards for areas ~thin Donovan Center designated on Exhibit 'A', PUD Master Plan as Reserve. 5.2 g.~J~AJ.~.F..~ C RI PTI.QJ~I Areas designated as Reserve o~ the PUD Master Plan are designed to accommodate a full range of consefvatio~ and limited water management uses and functions. The primary purpose, of the Reserve 13~ is to retain viable naturally functioning wetland systems, to allow f~ the resto~alJon and enhancement of impacted or degraded wetland ~,/stems, and to provide an open space amenity for the enjoyment of Donovan Center residents. 5.3 No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in pad, for other than the following: Permitted PnnC~pal Uses and Stn. mlures: A Passive recreational areas, boardwalks, and recreational ~helters. B. Nature b'ails, excluding asphalt paved surfaces. Water management faOlities, structures and lake bulkheads or other architectural treatments. D M~bgatJon areas. Ar, y other ccnsecvation ar'K:l related open space activity or use which is comparable in nature with the foregoing uses and which the Cun'ent Planning Manager determines to be compatible in the Reserve District. 5.4 P_~/_[L~ Q _PJ~i~/'j_T STANDARDS 7, ~LII structures shall setback a minim~m of fifteen (15) feet lanc~vard from the edge of wetland preserves in all places a~.d averaging hventy-five (25) feet from the landward edge of Reserve Distdct boundanes and roads, except for pathways, boardw~l;~.s and water management structures, which shall have no required setback. 1 17 5.5 R ES ER'~![ ~j~~l~ BVATIO N_EAS EM E NT A non-exclusive conservation easement or ~ract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve Distr~ct 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 granted by said agencies. The Donovan Center Commons Association shall be responsible for control and maintenance of lands within the Reserve District. 18 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6,1 6.2 6.3 6.4 P_UREOSE The purpose of this section is'to set forth the standards for development of the project. All facfl~bes shall be constructed in accordance with the final site development plans, the final subdivmion plats, and all applicable state and local laws, codes and regulations relat~n9 to the subdivision of the land, except when spedfically 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 the stipulations and conditions of the permitting agenOes. Final master plans, final site development 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. P_~_D A Exhibit "A", PUD Master Plan illustrates proposed development and is conceplual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be. construed to be final and may be vaded at any subsequent approval phase suc_J] as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2 7.3.5 of the Collier County Land Development Code, amendments may be made from time Io time. B All necessary easements, dedicabons or other instruments shall be granted to ensure the continued operation and maintenance of all servic, e utilities and all common areas in lhe project. Excavation permits Wql be required for the proposed lakes in accordance with D~vision 3 5 of the Collier County Land Development Code, as amended. Excavated matenal from the property is intended to be used within the project site. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C In accordance '~th the Rules of the South Florida Water Management District (SFWMD), Chapters 40E--4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 19 6.5 6.6 12B D DesIgn and construction of all improvements shall be subject to compliance wrth the appropriate provisions of Division 3.2 of the Collier County Land Development Code A The developer shall provide a fair share contribution toward the capital cost of a traffic signal, including interconnecfion where appropriate, at any future major access that serves the project warranted by the County. The signal will be owned. operated and maintained by Collier County, B The developer shall provide arterial level street lighting at the project entrance I:'nor to the issuance of a Certificate of Occupancy. C The proposed water management outfall is northward into the Cocohatchee Canal: the out'~all structure within C~R, 846 nghl-of- way shall be designed and constructed so as to provide capacity to handle road runoff from the C,R 846 corridor, D The ProJect entry from Immokalee Road W~ll be along its western boundary so as to ahgn ',,,~th Ihe present median cut and proposed traffic signal on Immokalee Road at the entrance to Pehcan Strand. The entry Wql designed so that it can be ~r,~erconnected to and used by the lands that are located to the east and west of the Project As a condition lo the mterconnection and use of the enb'yway, the adjoining :nr~downers must make a payment to the Developer, a fair share of the cost of such common entry A fair share means a payment based upon the fair value of the land area of the entry and the cost of lhe road and other improvements thereon that ~s devoted to a shared or common entry between the Project a~ the other lands utd,zing the entry The Developer agrees to pay its fair share of the cost of that podJon of the common entry located on adjac, ent property. UTILITIES A Water d~str~but~on, sewage collection and transmission facilities to serve the project ar,:, to be designed, constructed, conveyed, owned and maintained in accordance ,,,,,~h Colher County Ordinance 88-76, as amended, and other applicable County rules and regulabons 20 6.7 6.8 Excepl as other'w~se provided v,qthJn lh~s PUD document, this project shall be required to meet all County Ordinance5 in effect at the time final construction documents are submitted for developmenl approval. B If the propert/is subdivided into three (3) or more parcels, a plat shall be required. EN_vJ__RO.N M_ E_H_T_A_L Environmental permitting shall be in accodance with the state of Florida En','~ronmental Resource Permit rules and be subject to review and approval by C~.~rrer',t Planning Environmental Review Staff. Removal of exotic vegetation shall not be. counted towards mitigation for impacts to Collier County jurisdictional wetland.,, B Alt conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. C Buffer,~ shall be provided around wetlands, exlending at least fifteen (15) feet landward from the edge of wetland preserves ~n all places and averaging t',venty-five (25} feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of FIor~da Environmental Resources Permit Rules and be subject to review and ar,proved by Current Planning Environmental Staff. D P,.'t,tioner .~halt comply w~th the gu~dehr, es arid recommendations of the U S F~sh & '/,'~ldhfe Service {L.ISFWS) and Flonda Garne and Fresh Water Fish Commission (F GFWFC) regardm~g potenhal impacts to protected wildlIfe species. Where protected speoes are observed on site, a Habitat Management Plan for those potected species shall be submitted to Current Planning Environmental Staff for rev,ew and approval prior to F~nal Site Plan/Construction Plan approval E An exobc vegetation removal mondortng and maintenance (exotic-free) plan for tim sde. wffh emphasis on the conservat;on/preservabon areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to I::~nal Sde Plan/Construction Plan approval. The project shall comply with the environmental sections of the LDC and theGMP at the t~me of final development order approval. G An Environmental Impact Statement (ELS) shall be included W~th the next development order submittal. At the time of the next development order submittal the 25% required native vegetation shall be identified, (minimum 11.75 acres). 21 EXHIBIT A DONOVAN CENTER PUD CONCEPTUAL SITE PLAN EXHIBIT 'A ' STATE OF F;/~'PIDAI CO~D~T"~f OF COL[.iERi i:~:F. Clerk ,-,f Courts in and for the ~wentiet. h Collier County, Florida, do hereby certify that the :.rue copy of~ OPDINA3ICE NO. 97 -71 Which was adol)ted by the Board of County Commissioners on the 25th day of ~;o'/ember. ]997, during Regular Session. WITNESS m3, hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th clay of November, 1997. DWIGHT E. BROCK Clork of Courts and Clerk .... Ex-officio tO Board .of' ' Coun[y Commissiongr~ · ' ., By: Maureen' Kenyor~ Deputy Clerk . COI.IJER CO~ FLORIDA REOL'E.ST FOR LEGAL ADV~RTI.~'NG OF FI~LIC ti'~ARINC~q To: {.*i~rk Im lb, BoutS: IB~ p~¢~ 11~ f~l~l~l ~ m: N~ &. A44,rcq. q of ~ny p,rr~m i) to bt. ncaff)cd by (,.'l.crk's Ofl'x:e: (If mote ~:)acc ~s Decried. attach ltpaz,a~c shccl) ~ Base, M on ~dv~t lq:~:~:a~ng 1 S d~y~; befo~ he.~mgr XXX Naples Duly Ncw~ Legally R~qurr~d Pro~.('d Text. Ilncl~k ~;:l ~k~r~-m & co, m.~on locatk0n .& Sr~. l.tst A t~htr~j [] County M. anater agtndn file: to 00rtttn~l B. Otbe't beating,' Imtutmit [)~vu~:m bead to app~m,e u~ mba. ti OnlY'al to C'hk's Off~¢. rctammg· co~9, for {Frl IIII11111111111111111111111111111111111111111111111111111111111 Iii111111111111111111111111111111111111111111111111111111111111 (61~) 774-~0a , (8:L1) 774-8406 16' ~ . , '50 713 87'7 J969 12B2 ' Octc¥~r 29, 1997 MD. Judith Flanagan ~aples Daily ~lew~ 1075 Central Avenue ~;aple~, Florida 34102 Re: Notice of Intent to consider Petition pUD-86-10(4) Dear Judi: Please advertise the above referenced notice one time on Sunday, ~'~ove~2"~r 9, 1997 and sene! the Affidavit of Publication, in duplicate, together ',;ith charges involved to thi~ offic~. Sincerely, Sue Barbiretti, Deputy Clerk Encl. 12 2 ' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, NOVEMBER 25, 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 AM]ENDING 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 NUMBERED 8630N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE STILES PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. E46) APPROXIMATELY 1/4 MILE WEST OF THE INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RA~GE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18.13 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE ~U-MBER 86-58, AS AMENDED, THE FORMER STILES PUD; AND BY PROVIDING FOR ~ EFFECTIVE DATE. Petition PUD-86-10(4), Barbara H. Cawley, AICP of Wilson, Miller, Barton & Peek, Inc., representing Owen M. '¢lar~,c Trustee, requesting a change in the zoning classification 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) October 29, 1997 Barbara H. Cawley, AICP Wilson, Miller, Barton & Peek, 3200 Bailey Lane, Suite 200 Naples, FL 34105-8507 Inc. RE: Notice to Intent to consider Petition PUD-86-i0(4) 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, Sue Barbiretti, Deputy Clerk Encl. cc: Owen M. Ward, Trustee October 29, 1997 Owen M. Ward, Trustee 866 97th Avenue North Naples, FL 34108 RE: Notice to Intent to consider Petition PUD-86-10(4) 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, Sue Barbiretti, Deputy Clerk Encl. cc: Barbara H. Cawley, AICP ORDINANCE 97- Afl ORDiIIANCE AMENDING ORDINANCE NUHBER 91-102, 'iHE COLLIER COUi;TY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZO',:iNG REGULATIONS FOR !RE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZZNING ATLAS MAP NUMBERED 8630N BY CHANGING THE ZONING CLASSIFICATION OF THE H£REIN DESCRIBED REAL PRO?ERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TH--_ STILES PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ii<MOKAi. EE ROAD (C.R. 84{] APPROXIF~ATELY ~ MiLE 'NEST OF THE INTERSEiTION OF 1-75 AND iI<.:OKALEE ROAD, iH SECTION 30, TOWNSHIP 48 SOUT~t, RANGE 26 EAST, COLLIER COUNTY, FLOPIDA, CONSISTING OF 1~.13 ACRES; PROVIDIHG FOR THE REPEAL OF ORDINANCE ',:U',.?,ER 86-58, AS AMENDE2, THE FORMER STILES PUD; A~.;D [JY PROViDiNG AX EFFECTIVE DATE. WHERE.:-~, Barbara H. Caw!ey, AiCP cf Wilson, Miller, Barton & Peek, inc r~c.:--~n~inc: Owen H. Ward, Trustee, petitioned the Board of County Com~m[ssioners to change the zoning classification of the herein described real proper ~.y; HOW THEREFORE RE IT ORDAINED BY lEE BOARD OF COUNTY COMM!SSiO:iERS OF COLLIER COUNTY, FLORIDA; SECTiOH OtiE: The Zonin:: Classification of the herein described real property !©cared in £ec'tion 30, Township 48 Sou-_[-., Range 26 East, Collier County, Flor:da, is ch~:nged from "PUD" to "mu2" Planned Unit Development ir: azcordance with the PU2, [ocument, attars, ed hereto as Exhi'sit "A", which is incorporateJ herein and by referenre made par~ hereof. The Official Zoning Alias >lap numbered ~630N, as de_:__~ribed in Ordinance Number 91-i02, the Co!!!er County Land Development Ccie, is hereby amended accordingly. SECT iO:: TWO: Ordinance :lumber 86-5~, as amendei, known as the Stiles PUD, adopzei ........ ~6 b7 ,- ~ or; ~..~a .... 26, 9° tho Board of Cour.:7 Com~missioners of Collier County, is hereby repealed .in its entirety. SECT iON THREE: This Ordi?.ance shall become effeclive upon filing with the Department cf State. 2.82 PASSED AND DUI,Y ADOPTED by the Board of County Commissioners of Collier County, ~'lorida, this __ day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Assistant County Attorney BY: TIMOTHY L. HANCOCK, Chairman STILES PUD PI,ANNED UNIT DEVELOPMENT AMENDMENT Section 30 To~vnship 48 South, Range 26 East Collier County, Florida PREPARED FOR: OWEN WARD, TRUSTEE 866 97'I'}I AVENUE NORTH NAPLES, FLORIDA PREPARED BY: Barbara II. Cawley, AICP WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 DATE ORIGINALLY APPROVED ORDINANCE NUMBER AaMENDMENT DATE ORDINANCE NUMBER AMENDMENT FILED ORDINANCE NUMBER 86-58 June 24. 1988 88-54 July 31. 1997 TABLE OF CONTENTS TABLE OF CONTENTS I.IST OF EXHIBITS STATEMENT OF COMPLI,,\NCE AND SHORT TITLE S ECTI ON I LEGAL DESCRIPTION, PROPERTY O\VNERSHIP, & GENERAL DESCRIPTION SECTION II PROJ}:.CT DEVELOPMENT SECTION III INTERCHANGE COMMERCIAL I.AND USE DISTRICT SECTION IV DEVELOPMENT COMMITMENTS i ii iii 1-1 2-I 3-1 4-1 LIST OF EXttlBITS Exhibit A PUl') Master Plan (WMB&P File No. RZ- 251) Exhibit B Map of Boundary Survey ~,rMB&P File No. 4L- 1104) ii STATEMENT OF COMt'LIANCE This document amends and restates the PI. JD Ordinance Number 8g-54, as amended. It is submitted b',' Owen Ward, Trustee, hereinafter referred to as the Developer. This PUD, as amended an,] restated, pertains to l g.l 3 acres of land located in Section 30, Township 45 South, Range 26 East, Collier County, Florida. This document is required by the Collier County Board of County Commir, sioncrs in accordance with Section 2.7.3.4 of the Collier Count>' Land Developt~.:':~: Code which requires an unimproved PUD to be made consistent ,,,,4th all sections of the current Gro~th Management Plan and Land Development Code if development has not commenced within five >'ears of the approval date. This amended and restated PUD document is intended to comply with the items listed by the Board of County Commissioners as not consistent, to bring the Stiles PUD into compliance with the Growth Management Plan and Land Development Code, but not to significantly change the underlying commercial zoning of the P U D. The name of this Planned Unit Development is "The Stiles PUD" hereinafter called "thc Project". The development of the Project is in compliance with the planning goals and objectives of Collier County ~s s. ct fo~,h in the Growth Management Plan and with other land development regulations adopted t}',ereunder, inclt:ding but not limited to the Collier County l.~d Development Code (h,.:reinafier called the Code) for the following reasons: The st:bjcct property is in the Interstate Activity Center ms identified on thc Future Land Use Map as requiroJ in (.~bjective I of the Future Land Use Element (FI.UE). Thc purpose of the Intcr.s:atc Activity Cc~:tcr is to ccmccntrate almost all new commercial zoning in locations where traffic impacts can rcadily bc accommodated, to avoid strip and disorganized pauems c)f commercial development and to create focal points within the communit?'. The proposed development intensity and usc of the Project for commercial activity ns specified in Scclion 2.6 and Section III ofthis PUD document is consistent with Section VI of the FI.l.;F. ,.vhich allows for a full an'ay of comrncrcial uses at designated Interstate Activity 3. 'I he I'roject is c~m~patible ,.vitt~ and complement:tO' to existing and l\~ture surrounding land uses ~ required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 12B2 '[l~e development of the Project ',,,'ill result in an efficient and economical extension of community facilities and services a.s required in Policies 3.1.H and L of the Future Land Use F]ement. I~e Project 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. The Project is a functionally interrelated commercial development and is planned to encourage ingenuity, innovation and imagination as set forth in Section 2.2.20.l of the Code, and Section VI and Policy 5.6 of the Future Land Use Element. 8. 'Dne Project is located within a designated Interstate Activity Center within thc Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. 9. '~c f'roject is scr-,'ed by a complete range of services and utilities from Collier County. StlORT TITLE 'This ordinance shall ~ known and cited for the purpose of the updating of the existing Stiles PUD, as amended, as "TILE STILES Pt. ANNED UNIT DEVELOPMENT ORDINANCE." SECTION I LEG^L DESC1LIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 1.2 1.3 1.4 PURPOSI-; 'Ibc purpose of this section is to set forth the legal description and ownership of the Project, and to describe the existing condition of the property proposed to be developed. LEGAl., DESCRIPTION '['he Project contains approximately 18.13 acres and is described as follows: i'art of the west '/1 nfthe northeast 7, of the northwest i/, of Section 30, Township 48 South, Range 26 East, Collier County, Florida. tess and excepting therefrom: thc north 100 feet thereof: and flmher less and excepting therefrom the lands described in: OR Book 374, Pages 572-573 OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County. The map office Boundary Su~'ey (WMB&P File No. 4[.-1104) is attached at Exhibit B. I'ROI'ERTY OWNERSIlII' The subject property is current[y under the ownership of Owen M. Ward. as 'Fruste¢. 866 97th Avenue North, Naples, Florida. G ENERA1, DESCRIPTION TilE PROJECT: The Project site is generally loc, ted on the south side of lmmokalee Road (CR 846) and is approximately one quarter mile from the [-75-1mmokalee Road intersection. The Project has direct access onto Immokalee Road via an existing median opening which aligns with the approved Pelican Strand (fka Regency \"ill~gc) PUD to thc north. 1-1 The Project is currently zoned PUD as a planned interchange commercial center which includes a mixture of interchange oriented commercial facilities and water management related elements. Elevations with the Project range from 12.4 feet to 13.6 feet above mean sea level. qbe Project is located within zone X of the FEMA Firm Maps. The soil types found on the Project are Arzell fine .sand and Broward fine ~smqd. ]~ese sands are well drained with no wetlands on site. Vegetation on the Project is predominately pine flatwoods with the domiv~.ant plant species being slash pine, saw palmetto and numerous grass species. 1-2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE 'I'he puqx)sc of this Section is to generally describe the plan of development for the Project, am([ to iden',ify relationships to applicable Count':' ordinances, policies, and procedures. 2.2 (;ENEF, AI. I)ESCIHPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project includes a range of interchange commercial uses, storm,,vater management, lakes, and buffer areas. The PUD Master Plan is illustrated graphically on Exhibit "A", PUl) Master Plan (W'MB&P, Inc. File No. [~7.-251). The Developer intends to establish Project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, benns and other similar features. The Project ~511 comply with the Architectural Review Guidelines as adopted in the Code. A Land Use Sun',mary indicating approxinmtc land use acreage is shown on the plan. 2.3 GENE}~,:\I~ C()~XlI'IJANCE WI'Ftt COUNTY ORDINANCI-;S Thc development of thc Project shall be in accordance with this PUD Ordin~ce and applicable sections of the Code (lo the extent they are not inconsistent w/th this PUD Ordinance) which are in effect at the time of issuance of any dc','cl,)pment order which authorizes the construction of improvements to which s~,id rcgulzttion applies. These include, but arc not limited to Final Subdivision Pl:~t, I[xcavatior. ?c,,'~it and Preliminary \Vork Authorization. \Vhere this Pt.:[) ()rdinancc dc'es not provide developmental standards, then thc provisions of the most simii~r zoning district or section of the Code shall apply. Unless othcrv,ise defined herein, or as necessarily implied by context, the definitions of all terms shall Ix: the same as the definitions set forth in the Code in effect at thc time of development order application. Development permitted by this ordinance will be subject to a concurrency re', i,'w under thc Adequate Public Facilities Ordinance Code Section 3. t 5. 2-1 · 1282 D. 2.4 2.5 All conditions imposed herein or as reprcscmcd on thc Projcct PUD ,Master Plan (PUl) Master Plan) are part of the regulations which govern thc manner in which thc land ma.',' be developed. The Subdivisions Division of the Code (Article 3, Division 3.2) shall apply to the Project, except where an exemption is set forth herein or otherwise granted pursuant to Code Section 3.2.4. ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the Code regulating subdivisions, unless other,vise approved during Preliminar)' Subdivision Plat approval. LAND USES C. Thc location of land uses are shown on the PUD Master Plan, Exhibit "A." Minor changes and variations in building tracts, location and acreage of these uses shall be permitted at Preliminary Subdivision Plat approval and Final Plat approval to accommodate topography, vegetation, stormwater design, and other site conditions subject to Code Section 2.7.3.5. The specific location and size of individual tracts and the assignment of square footage shall be determined at the time of Preliminary Subdivision Plat approval. Since the property is to be developed over an estimated nine >'ear time period, an',' projection of Project development can be no more than an estimate based on current marketing knowledge. The estimate may change depending upon future economic factors. Roads and other infrastructure may be either public or private, depending on location, capacity, ',nd design. The determination as to whether a road shall be public or private shall be made by the Developer at the time of Preliminary Subdivision Plat approval. Developer shall create an appropriate declaration of covenants and a property owners association which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to a governmental agency. All buildings, landscaping and visible infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials as~d colors throughout all of the buildings to 2-2 be erected on the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. 2.6 PROJECT INTENSITY The total acreage of the Stiles PUD is approximately 18.13 acres. The Interchange Commercial retail and office uses shall have a maximum gross floor area of 7500 square feet per gross acre for a maximum square footage of 135,975 square feet. The office uses shall be permitted at 15,000 square feet per gross acre and the hotel/motel use is permitted at 26 units per gross acre. Interchange Commercial pen-nit'ted principal uses are permiued throughout the 18.13 acre parcel in accordance with the requirements stated in this PUl) document. 2.7 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance v,'ith the Code and other applicable governmental agencies and the standards and commitments of this document. 2.8 EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure thc continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.9 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Code Section 3.5.7.1, may be reduced with the administrative approval of the Collier County Development S.:rvices Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Code Section 3.5,7.3.1, subject to meeting the County fetch formula; however, removal of fill from the Project shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.10 OFF-STItEET PARKING AND I.OADING All off-street parking and loading facilities shall be designed in accordance with the Code Section 2.3. 2.11 USE OF RIGttTS-OF-WAY I.ands within the Project rights-of-way may be utilized for landscaping, decorative entrance ways, and signage, if a review of the proposed uses, during the development 2-3 12B2 2.12 2.13 review process and prior to any installations, by the Collier County Development Se:'vices Director shov,'s no adverse engineering or safety considerations. SIGNS Minimum standards for signs shall be in accordance with Code Section 2.5 in eff~t at the time final local development orders are requested. OPEN SPACE ILEQUIREblENTS Pursuant to Code Section 2.6.32 at leaxt thirty percent (30%) of the Project shall be devoted to usable open space. The total Project is 18.13 acres requiring a minimum of 5.4 acres to be retained as open space. ]'he open space calculation indicated on the PUD Master Plan identifies 5.4 acres including lakes, miscellaneous buffers and open space areas which meet the requirement. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Thc l)rojcct shall retain fifteen percent or 2.7 acres of the viable naturally fur. cSoning vegetation on site as required by Section 3.9.5.5.4 of the Code. This shall be mon!'.ored at each Preliminary Subdivision Plat submittal. ']'he Developer shall receive credit E-om an.,,' phase where thc 15% amount is exceeded to be applied to a phase where it is not. In any phase of' development '.'.'here credit toward the 15% is needed, the DeveloFer shall delineate on thc Preliminary Subdivision Plat the percentage of viable ra,",.:rall>' functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The Developer shall show the calculations en each Preliminary Subdivision Plat which totals the overall 15% for the Project build-.our. 2.15 TIME LIblITS OF PLANNED UNIT DEVELOPNIENT APPROVAL The time limits for the Project are as provided for within Code Section 2.7.3.4. 2.16 PUl) MONITORING An annual monitoring report shall be submitted pursuant to Code Section 2.7.3.6. 2.17 I,XlI'ACT FEES Development within the Project shall be subject to all lawfully adopted impac: fees appropriate for each land use in effect at the time of development and in accordance with prior agreements between the Developer and thc County. 2-4 12B2 ' ' SECTION III INTERCttANGE COMMERCIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this section is to set forth the permitted uses and development su.ndards for the development of the Project. A. PERMITTEI) USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or 'use& or land usc';, in whole or part, for other than the following: Imcrchangc Commercial Permittcd Principal Uses and throughout thc 18.13 acre parcel: vii. viii. ix. Structures Fe,'-mitted Accounting, Auditing and Bookkeeping Sen'ices (Group 8'721 ). Amusement and Recreation Services (Groups 7911-7941,7991. 7993). Apparel and Accessory Stores (Groups 5611-5699). Auto and Home Supply Stores (Group 5531). Automotive Repair, Services, and Parking (Groups 7514. 7515. 7534, 7542). Building Materials, Hardware and Garden Supplies (Grou?s 5211- 5261). Business Ser-,'ices (Groups 7311,7313, 7334-7335, 7371-7379.7384). Child Da.,.' Care Services (Group 8351). Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999). Depositor)' Institutions (Groups 6011-6099). 3-1 12B2 >:','ii. xviii. x ix. ,XX, xxi. xxii. xxiii. xxiv. XXV, XXVi. Eating and Drinking Places (Groups 5812-5813). Electrical Repair Shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft. business and office machines, large appliances such ms refrigerators and w~hing machines). Engineering, Accounting, Research, Management, and P, elated Services (Groups 8711-8713, 8721, 8741-8743, 8748). Food Stores (Groups 5411-5499). Gasoline Service Stations (Group 5541 except marine scr','ice stations and track stops subject to Section 2.6.28). Group Care Facilities (Category I and II); Care Units except fi~r homeless shchers; and Nursing }[omes, subject to Sec. 2.6.26). General Nlcrchandise Stores (Groupk 5311-5399). l[ealth Se~'ices (Groups 8011-8049, 8082, 8093, 809%. }tolding and Other Investment Offices (Groups 6712-6799). }tome Furniture, Furnishings, and Equipment Stores (Groups 5712- 5736). llotels and Motels (Group 7011 in accordance with the development standards in this I'UD document). Insurance Agents. Brokers, and Service (Group 6411 ). Insurance Carriers (Groups 6311-6399). Libraries (Group 823 l). Legal Se~'ices (Group 81 I 1). Membership Organizations (Groups 8611-8661,8699). 3-2 [3. xxvii. xxviii xxix. XXX. xxxi. ×xxii. XXXiV. xxxvi. Miscellaneous Pcrsonal Services (Groups 7211, 7212. 7215. 7216 non- industrial dr).' cleaning only, 722 t -725 I, 7291). Miscellaneous Repair Services (Group 7631). Museums and Art Galleries (Group 8412). Nondcpository Credit Institutions (Groups 6111-6163). Paint, Glass and Wallpaper Stores (Group 5231 ). Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation dcp,mments only). Public Order and Safety (Groups 9211 and 9224). Real Estate (Groups 6512,6531-6552). Social Se~'ices (Groups 8322 activity centers, elderly or hand!c2??ed. adult da'.' care centers; and da,,,' care centers; adult and handica?~d only, and 8351). United States Postal Service (Group 4311, except major disnd'r~::ion center). xxxvii. Veterina~' Services (Groups 0742, 0752, excluding outside kenr;elir.~). xxxviii. Video Tape Rental (Group 7841). x×xix. An.',' other commercial use or professional service which is in nature with thc foregoing uses and which the Development Se.'-', ices Director determines to be compatible in this district. }'ermitted Accessory Uses and Structures i. Uses and structures that arc accessor?' and incidental to uses permit:ed in this district. 3-3 3.2 3.3 I)EVELOI'MENT STANDARDS FOR AI.I. PERMITTED USES EXCEPT IIOTEL AND MOTEL USE Minimum Lot Area: Ten thousand (10,000) square feet. Minimum I.ot Width: One hundred feet (100'). Minimum Yard Requirements: From Immokalee Road: Fifty feet (50') Front Yard: Twenty-five feet (25'). All other yards: Fifteen feet (15'). Maximum ltcight: Thirty-five feet (35'), except for non-functional architectural clements (such as bell towers), which shall have a maximum height of rift,,' feet (50'). Minimum Floor Area of Principal Structure: Seven hundred (700) square fi:ct gross lloor area for each building on thc ground floor. I)istance between principal structures: None, or a mimmum of five feet (5') with t,tmbstructcd p~ssage from front to rear yard. ,",linimum standards for lighting and landscaping shall be in accordance with thc Code ira effect at th=: time final local development orders are requested. N{~ oulside display of merchandise or storage is permitted unless horizontally visually screened by arq acceptable vertical structure. II(')'I'EI. ANI) ,MOTEI~ I)I'D,'ELOP*IENT STANDARDS Minimum l.ot :'.,rca: One (1) acre. ,Minimum I.ot ",Vidth: One hundred fifty feet (150'). Minimum Yard Requirements: 1. From Immokalee Road: Fifty feet (50') 2. Front Yard: Fifty-five percent (55%) of building height with a minimum of twenty feet (20'). 3. All other yards: Twenty feet (20'). 3-4 12B2 ' ' 3.4 Nlaximum Height: Sixty feet (60') or six stories, whichever is greater. Distance between principal structures: Fifteen feet (15') or one-half (I/2) the sum of the building heights, ,,vhichever is greater. Minimum standards for lighting and landscaping shall be in accordance v,,Sth the Code in effect at the time final local development orders are requested.. BUFFERS Minimum standards fi~r buffers shall be in accordance with Code Section 2.4 in effect at the time final local development orders are requested, unless otherwise specified herein or on the PUl) blaster Plan, Exhibit A. All buflir setbacks shall bc measured from platted lot boundaries. The following identifies thc buffer according to iand use type: Internal IM~f['ers on: interchange Commercial: 1. 10' adjacent to hotel parcel 2. 10' adjacent to internal rights-of-way 3. 10' adjacent to eastern boundaQ' with Donovan PUD except 0' ',','here the joint access road is proposed Ilotel: 1. 2. 3. 10' adjacent to commercial parcels 10' adjacent to internal rights-of-way 10' adjacent to eastern boundary with Donovan PUD except O' '.,.'he:,' the joint access road is proposed The buffer on thc v,'estern and southern Project boundaries shall be kept in native vegetation existing on the site to the maximum extent possible or shall be planted with native vegetation in those areas devoid ofnalive vegetation. 3-5 SECTION IV I)EVEI.OPMENT COMMITMENTS 4.1 4.2 .1.3 I'/;RP()SK 'I )::: puq'~o';c of this section is to set forth the dcvclo?mcnt commitments of the Project. EN¢;INI:.ERIN(; Detailed paving, grading, site drainage and utility plans shall be submirted to the Development Services Division for review. No construction permits shall be issued ,nlcss and u.ntil approval of thc proposed cen:,truction in accordance v,'ith t}:e s,bmil~cd plans is granted by the Development Se~'ices Division. /,.<.ccs~ t,> ail parcels fronting hnmokalcc Road shall be from thc main entrance road with no direct driveway access from each parcel to lmmokalcc Road~ C. 'Irc main road shall meet thc minimum pavement standard for a minor collector. Iq'm required right-of-v.'ay ma.',' be as required for a local street. I'TII.ITI \Vatcr distri,b:~tir,r~, scx,,'age collection and transmission and interim xvatcr an6'or soy, age treatment l~cilitic:s to scr,'c thc Project are to ~ designed, construe:cd. conveyed, owned arqd maintained in accordance wifi~ Collier Counw Ordin2ncc applicable agone> regulations, as mav be appropriate. All cu::t(m3crs con;qc:zting to thc v,a:cr distribution and soy, acc collection facilities t~) !>c c,mstructcd v.:*'.,~ k.e customers cffthe County and ,.,,'ill i'~c billcd bv thc in accordarlcc ,.vitk, tiao County's established rates. The utilities for thc Project's water distribution and wastewatcr collection s'.'stcms shall be designed and constructed to connect the Project to the District's facilities in accordance v,'ith (5ounty crite:ia and the County's Nlxster 4-1 ' 1., 2 B 2 4.4 4.5 .1.6 W,,\'I'Ell MAN:\C;EblENT A copy of South Florida Water Management District Permit or Early \Vork Permit is required prior to construction plmq approval. [3. Detailed water management plans and calculations, signed and scaled by a Florida Professional Engineer shall be provided. C. An Excavation P~rmit wilt be required for the proposed lakes in accordance v.'ith Section 3.5 of the (;ode and the South Florida Water Management District Rules. t.;NVI I~,ONMENTAI, S,.:'ctiot~ 2.15 herein, thc I)cvclopcr will retain thc maximum ~ount possible as pa~ of the landscape buffers within thc Project. counted toward the required 15% native habitat requirement }',,:titio:~cr :;},,al! submit an }.~n,,'ironmcntal Impact Statement at thc time of thc next ;)cvelopmcnt Order submittal. lhis Project !,hall bc in compliance with the Collier Count.,,' I.and Development (~t)d¢, tk, c Collier (7ounty Growth Management Plan, Coastal and Consc~'ation 51anagcmcnt i5icment, at the time of the first Development Order approval. T I",,\ N S I' O I",T AT ! () N qbe L)cvelop<:r h~ provided left and right turn lanes on tmmokalce Road at thc Project entrance. 'l'he Developer shall r'nakc a fair sh:tru contribution toward thc capital cost of a tr:.,f'tSc sigr~al at ;}:e Project cntrnncc ,,,.hen dccmcd ;varranted by thc · ~il traflic .::oI~tr,.>i dc','iccs or~ public roadwavs, excluding street name st,ans, shall c.mf<~rm to thc ,',lanual on Uniform Traffic Control Devices as required by ¢.'haptcr 316, Florid:~ Statutes. I). q he applicant shall be responsible for the installation of arterial level street lighting itt all ['rojcct entrances at thc time of approval of the Final Subdivision Plat. 4-2 . 12132 ' ' Thc above required improvements are considered "site related" as del]ned in the Code and shall not be applied a credits toward any impact fees. 'lhc original PUD required that the Developer dedicate land for the widening of Immokalce Road. The Developer has previously satisfied this requirement by conveyance of a twenty-five foot (25') strip of land by deed recorded in Official P. ccords Book 1545 at Page 443 of thc Official Records of Collicr County, Flnrida. In addition the Developer conveyed additional land for the expanded l:~;:m~kalcc right of ,.',ay by deed rccordcd in Official P, ccords Book 1837 at t'~',gc 1099. 'l'?'~e origin:el PUD provided that a cross drain across lmmokalcc Road to thc ca~al on thc north be incorporated and that thc County be provided with access tr) it for usc in connection with thc future six-laning of lmmokalec Road. This ',,.'ork was completed and paid for by the Developer under an agreement between It:c !),,:vcloper and thc County dated Ma,',' 4, 1993. The requirements have been 'Ibc original PUD strongly recommended thc extension of the then existing four- lancd section of Immol,:alc¢ Road ,.vest and through the proposed construction of a four lane mediaa opening on Immokalce Road aligned with thc eastern broil:dar;; of the Project and Pelican Strand (tka Regency Village) to the north of Ir~r:'~4:alec P, oad. The median opening was constructed and paid for by the l)c,,'el~>pcrunder the agreement with thc County dated May 4, 1993. 'Ihe four- lanin~., }nas been completed to the west. The four lane extension is subject to a fair share road impact fee credit applicable to the added through lanes. 'l'hc l'rojcct entry from Immokalce Road '.,,'ill ~ along its eastern boundary so ms to ali~n with the present median cut ir: antt proposed traffic signal on Immokatee P,,',~,d at thc entrzmcc to Pelican Strand. ]'he entD' will be designed so that it can be in;cr-c~>nncctcd to and used by the lands that are located to the east of the Project a;;d ~cst of 1-75. 'Ibc inter-connection and use of the entp,.'way by the adjoining Iai:downer will be pursurmt to a mutually agreeable cross usc or cross emscm.,:nt 4-3 Naples Daily ~eple~, FL Affidavit of Publtcattc~ ~OAaO OF CCA.INT¥ CO~ISSIONERS ATTN: HA~CY SALC~.~J~ ~EFERENCE: CO~2)0 B(X)5S1 5758}7)8 )~TICE OF INTENT TO Stele of Florid~ Co~nty of Collier B~fore the k~ermigned muthortty, appeared B. ~, ~ ~ ~th snys t~t *~ metre: as the Am~i~te~t Cor~rate Secretary of Daily H~, · ~tLy ~pe~r p~ki~ et ~te~, in Collier C~ty, Ftort~: t~t the c~ of t~ ~vertimi~ ua* ~ki~h~ in a~id Af(ia~t further *a7~ t~t the said ~pLem Oat~y Collier C~t7, F/ori~, a~ t~t the maid ~tish~ tn raid Collier C~ty, Florida, each ~7 a~ ~* ~en enter~ a~ ,ec~ cla$~ ~it ~tter at the ~tt office in ~plel, in said Collier C~nty, Flori~, for e ~rt~ of 1 year next prec~i~ the first ~bki~tt~ of the attach~ ~y of ~vertis~t; a~ further *ay* that she ~m nett~r ~id ~r promt)~ any pers~, fire or c~rmtt~ any dlsc~t, r(~te, c~ts~t~ or ref~ for the ~Jr~*e of &ecur~r~ this ~/ertt~e~nt for ~bltcatt~ tn the said PbBLiSH[D C~: )l/Or~ AO SPACE: ')Ot.OOG iNCH FILE0 O¢I: 11/10/97 Sig~ture of Affiant HE lO#. Sworn to ar, d Subscribed before me this Per$o~lly kr,x-~r, by me -',' .. d~y of ORDIHANCE 9'7- Alt ORDIIIANCE AMENDIHG ORDINANCE NUMBER 9i-i02, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONiHG REGULATIONS FOR THE UNiNCORPO~TED APEA OF COLLIER COUHTY, FLORIDA, BY AMENDiI~G THE OFFICIAL ZONING ATLAS MAP NUMBEgED 8630N BY CHANGING THE ZONING CLASSiFICATIOU OF TUE HEREIN DESCRIBED REAL PPOPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVEt,OPMENT KNOWH AS THE STILES PUD, FOR PROPERTY LOCATED Ofl THE SOUTH SlOE OF iH'.4OKALEE ROAD (C.R. 846) APPROXIMATELY ~ RILE WEST OF THE IHTERSECTION OF i-75 AND iMMOKALEE ROAD, IH SECTION 30, TOWNSHIP 48 SOUTH, PAUGE 26 EAST, COLLiEP COUf~TY, Fi.%PiDA, qOt;glSTl'.~G OF 18.13 ACRES; PR<P/iDING FOR THE REPEAL OF ORDINANCE HUHBEP 86-58, AS AMENDED, THE FORMER STILES PU;); AHD B'f ~ROViDiNG AN EFFECTIVE DATE. WHEREAS, Barbara H. Cawley, AiCP of Wilson, Miller, Barton & Peek, inc., representing Owen M. Ward, Trustee, petitioned the Board of County Co~nissioners Lo change the z,:}nlng classification of the herein described real prope: ti,'; Flor~,:a, As ,:r~ar.gec from "PUL," re; "PUD" Planned Unit Devel'~pment ,_ ' ~'~ ; he-,-' Exh:~ ' t "A" which .i:C'ii.;i:3'.CF: ,,';' N '.~ ' ~'~[j [)r~.%:;fr-zf,~, a rd._ ; .... ~O as , , ~l ;r~g,'..~F.o~-i'.-r'J h,::e:n arvJ by ~e~efence made part hereof. The Offic~ai ZoninI .qtl.~s MaN :,,:mbered 8630N, as descriDed in Ordinanc,. };umber 91-i02, the rlDiiie: Czun''/ ].and [3e'¢eiL;pm~-nt "~.de, is hereby amendod accordingly. SEC7 [Of; TWO: O-¢4inar~ce ~Iun,b¢:r 86-5~ <~s art, ended, known as the Stiles PUD, adooted or, August 26, 198F, by the board ~[ County Commissioners of Collier County, is ho[uby repealed ~n Lt.~. entirety. SECTION Th;s Ox ]:nance shall become e[ ~.::(:ti'se Ipon filing with the Depart:rent c,i 3tat..~. 12B 2 PASSED AIID DUI,Y ADOPTED by ahe Board of County Commissioners of Collie: County, Florida, this ,2~ day of ' /- ,~r/,} , 1997 ATTEST: DWIGHT £. BROCK, C'ier? Approved as to Form and Legal Sufficiency BOAP, D OF COUNTY COMHISSiONER'.3 COLLIER COUNTY, FLORIDA TIMOTHY~. HANCOCK, Chairman Marj~ie M. Student f/?UD.-~,6- i C /,I) 128 2 STILES PUD I'I,ANNEI) UNIT DEVEI~OPMENT AMENDMENT Section 30 'l'o,a nship 48 South, Range 26 East (;oilier County, Florida PIIEPARED FOR: OWEN WARD, TRUSTEE 866 97TI! AVENUE NORTll NAPLES, FI.ORII)A I'I,tEPARED Bart)ara I!. Cawlcy, AICI' WII hON, MII,LER, BARTON & PEEK, INC. 3200 Bailey I.ane, Suite 200 Naples, Florida 3.1105 I)ATE ()RI(;INALLY APPI{OVEI) ORI)INANCE NUMBER AMENI)MENY I)ATE ORDINANCE NUMBER AM EN I)M ENT F! LED ORDINANCE NUMBEI,t 86-58 dUlll 24.1988 88-54 .July 31~1997 97-74 TABI,E OF CONTENTS '['AflI.F. ()F CONTENTS lAST OF F. XtflBITS S'I'ATI!MItNT OF C()MPI.IANCF. AND SI IORT TITLE SI'~CI'I~)N I I.t'Tb\l. I)ESCRIPTION, PROPERTY O9,'NERSltlP, & GENERA[. DESCRIPTION SECTI()N II I'R().I E(71' I)EVI~I,OPMENT SI(CTIC)N l ii INTI-~RCI tANGE CONINIILRCIAI. I.ANI) lJSI( I)IS'I RICT St(C'I'I()N IV I)[~VEI.OI'MI~NI' CONIMITMI~NTS 2-1 12B 2 LIST OF EXitlBITS Exhibit Exhibit PUl) Master Plan (WMB&P File No. P,Z- 251 ) ,";lap .'.)f Boundary Survey (WMB&P File No. 4L-1104/ ]_2B 2 S'FATEMENT ¢)F COMi'LIANCE '['his dt~cumcr~l amends and restates thc I'UD ()rdinancc Number 88-54. as amended. It is .s,Jbmittcd 1,y (),.',cra Ward. Ttn.~:~tee, hereinafter referred to as the Dcvck)pcr. This PUD. as amended and rc:~ta~ed, pertains to 18.13 acres of land located in Section 0 ). Tov,'nship 48 South. Range 26 k)~.st. Co!lief County, Florida. This document is required by thc Collier County Board ~f' C(;unty Comrnissitmers in accordance with ?,cction 2.7.3.4 of thc Collier County l.and [)cvclopment ('ode which requires ~n unimproved PUl) to be made cm'~sistent with all sections thc current (..3ro~,,ti~ Management Plan and l.and Development Code iff development has not commenced ,a'ilhi;: five )'cars ~f thc approval date. ]'his amended and restated PUD document is intended to comply with thc items listed by the Board of County Commissioners as not consistent, to bring the Sliles PUD into complianCe with the Gro,,,,lh Management Plan and l.and I)evclopmcnt ('~)(tc. but nm to significantly change thc underlying commercial ztming of thc 'I'hc name r~l' this Pialmcd l Jnit l)c',.'ch)pmcnt is "The .Stiles I'UD" hereinafter called ~'thc ProjccC Ibc dcvch,pment (~{' thc Project is in ctm~pliancc with thc planning goals and objectives of Collier t'¢~t ntv as set fi)~th in thc (ir:~wth Management Plan and with other land development rcgulatitms ad<~ptcd thcrcur:dcr, inclt~dit~g but not limited to thc Ofllicr County [.and Development O),.tc ¢hcrcit~aficr c~l)lcd thc Code) fi)r thc Ibllowing reasons: Thc subject prrT, crty is in Ibc Interstate Activity Center its identified tm thc Future [.and U~ Map as rcquircd in ()hjcztivc I (,fthcFuturel.andlJ~Elcment(Fl.tJI(). The purN~ of thc Ir~tcrstatc Activity Comer ix to concentrate ahnost all new commercial zoning in I~ations x~hcrc traffic impacts can readily ~' accommrMated, to avoid strip and disorganized patterns (fl'commcrci~d tlcvctopmcnt and to create fi)cai ~)ints within thc community. 'l'hc pmp<)scd development imcnsity and usc of thc Project for commercial activity as sp,.zcilicd in .'-;cc fion 2.6 arid Section I11 of this PUl) document is consistent with .Section VI of thc FI.IJI': which allows for a full array of commercial uses at designated Interstate Activity Centers. 3. l'he F'rojccl is compatible v,'ith and cornplcmcntar?' to existing and future surrounding land u~s as required in Policv 5.4 et'the Future l.and Usc I!.lcrnent. lmprw.'cmcnls ;:re planned lo be in complian,.e with applicable land development regulations scl li',rlh it~ ( >bjcct~,.c 3 (~f thc I' uturc l.and t Jse Element. development of thc Project will result in an efficient and economical extension t~l' community facilities and services as required in Policies 3.1.tt ired I. of the Future I.and Usc F. lement. -ih.,' Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities ms may be required by Objective 1.5 of thc Drainage Sub-Element of the Public Facilities Element. '7. Thc Project is a functionally interrelated commercial development and is planned to cncmm~ge ing(:nuity, innovation and imagination as set frmh in Section 2.2.20.1 of thc C(~c. and Section Vl and Policy 5.6 of the Future l,and t lse Element. 8 'l'hc Project is i~ <atcd within a designated Interstate Activity Center within thc Urban District. th'etch,,, disco~raging urban sprn,,vl as required by Policy 5.3 of the Future l.and Use Element. ~. Th,.: Project i;; served by a complete range of services and utilities from ('oilier ('ounL','. SIIORT TITI,E This ordinance shall be known and cited for thc purN~sc of the updating of thc existing P1,11). as amended, as "TI f['~ S I'll,ES PI,ANNI:,D LiNIT [)[:,VIiI,OPMEN'[ ()RI)INANCH." t2B 2 SEC Fl(), i i')F.S(~I~,IPTION, PROPEI~TY ()WNERStlIP, AND ¢;F. NF, RAI, DESCRIPTION 1.1 1.2 1.3 1.4 Pl TRI*OSI'; Thc purl'~>sc of this section is to :vet forth thc legal description and ownership of thc Pr,joel. and t() describe thc c:<isting condition of thc property propo.~d to be developed i,E(;AL I)ESCII. IPTION 'lt~c Project contains approximatc]'.. 18.13 acres and is described ms follows: Par~ of thc west % of thc n(>rt,hciLst 'A of the northwest '/, o£S¢ction 30. To~.,.nship 48 South. R. an~c 26 East. Collier County. Florida. less and excepting thcrefron~ the norlh 100 feet thcr.'zof: and fu;xhcr less and cxccptimz therefrom the lanct~; described in: ()P, i~,cg~k 374. Pages 572-573 OP, i~,{×}k 1545. }'ages 443-444, and ()R lkmk 1837, Pages 1099-1101 of thc Public Records of Collier Count)'. 'ibc map of thc Boundary Survey (WMB&P File No. 41.-1104) is attached at F. xhibit [½. I'R()I'EiYFY OWNERSIt I I' The subject properly is currently under the ownership of Owen M. Ward. as Trustee, 866 97th Avenue North, Naples, Florida. (; ENEIL\I, I)ESCP, IPTION TIlE PRf)JECT: 'ltac Project site is generally located on the south side of Im~nokalcc Road (CR 846) and is approximately one quarler mile from the 1-75-1mmokalce Road intersection. The Project ha~s direct access onto Immokalce Road via an existing m,.'dian opening which aligns ,.~,ilb the approved Pelican Strand (tka Rc~cncy Village) fl.;I) to thc north. 1-I 12B 2 [). Thc Project is currently zoned PUD as a planned interchange commercial center w'hich includes a mixture of interchange oriented commercial facilities and water management related elements. F, lc'~a~ions with thc Project range from 12.4 fcct to 13.6 fcct at×we mcan sca level. !he Prt'~).'cl is located v,'ithin/one X of' thc FEMA t"irm .,',,laps. 'lhc s~fil t)'~s Grand {m the Project arc Arzell fine sand and Broward tine sand. I hc~;e sands arc well drained with no wctlancts on site. 'v'egcmlion on the Project is prcdominatcly pine flatwoods v.'ith thc dominant plant spc,:ics being slash pine. saw palmcm~ and numcrcms grass species. 1-2 2 SECTION II I'ROJECF I)EVELOPMENT 2.1 'ibc purl~'~< of this Section is to generally describe the plan of development for thc Pr,jcct. and a> identify r,,:lationships to applicable County ordinances, policies, and pr(<cdures 2.2 (;ENERAI, DESCRIPTION OF FROJE(;I' PI,AN AND PROPOSED I.AND USES 'Ibc l'rolcct includes a range of interchange commercial uses, stormwatcr management. lakes, an~i ~ufler arc&s. 'l%e PtJl) Master Plan is illustrated graphically on Exhibit "A". l'iSD Ma>,tcr Plan (WMI3&t', Inc. File No. RZ-251). 'Ibc Dcvclo~r intends to establish Project wide guidc!3nes and standards to ensure a high and consistent level of quality for ~hc pmy,$,:d !;md ~:~s. t~nift,rm guidelines and standards will ~ created for such fcat~:rcs and fncilitic:; as land,aping, signagc, lighting, roadway trcatmciils, fences, walt, hul'i~rs, t'<rm5 and ~thcr similar leaturcs. 'lq~c Project will comply ~ith the Architectural 2.3 {;I]Nf:t,...'~I, ( ()Xli'I,IAN('K WITll (7()lINTY ()RI)INANCES 'Ibc dcvcl~pmcnl of thc t'roj¢ct shall be in accordance with this PUD Ordinance and applicable sections of the Code (to the extent they arc not inconsistent v, ith thi:~ I'IH) Ordinance) v.'hich are in effect at the time of issuance of anv development order v, hich authorizes the c~)nstruction of improvements lo ;,,hich .~fid regulation applies. These include, but are not limited to Final Subdivision l'lal, l'ixcavati(m Permit and Preliminary Work Authorization. Where this I't~I) Ordinance d,)cs not provide developmental standards, then thc provisions of thc mosl similar ~:oning districl or section of the C(xte shall apply. l,'rfl,::;s otherwise dcfincd herein, or as necessarily implicd by context, thc definitions (flail terms shall be ti-,,: .~tme a.s the definitions set forth in the Code in effect at thc time of development order application. Dz',.zl(~pI~'~cnt p, cnnittcd by this ordinance '.,.'ill be subject to a concurrency rcxicw under thc Adequate Public Facilities Ordinance Code Section 3.15. 12B 2 l). 2.4 2.5 All conditions imposed herein or as represented on the Project l'tJD Master Plan (PUl) Maslm Plan) are part of the regulations which govern d'm manner in which thc land may be developed. ]'he Subdivisions Division of the Code (Article 3, Division 3.2) shall apply to thc Project, except ',,,'here an exemption is set forth herein or otherwise granted pursuant to Code S¢clion 3.2.4. i~,()A I)N'~ ~4l,an(.tards fi)r roads shall be in compliance with thc applicable provisions of the Cc, dc regulating subdivisions, unless otherwi:;e approved during Preliminar2:' %u~li'.'ision Pla! approval. I,ANI) I.~S I-;S l). 'l'hc l~cali¢:n of land uses are shown on Iht l'tJl) Ma.ster Plan, Exhibit "A." Minor c}',~:ngcs and variations in building tracts, location and acreage of these uses shall hc pcrmillcd at Preliminars.' .gutxtivision Plat approval and Final Plat approval to a~.c,m":moda;e topography, vegetation, stormwamr design, and mhcr site conditions subject tt~ Code Section 2.7.3.5. lq'm specific location anti size oF individual tracts and thc assignment of square footage shall be detcm'fined at thc time of Przlilninary Subdivision Plat approval. the pti,perry Is to be developed o,, cr all estimated nine )'car time F, cri<)d, any pr,,jcction of' F'rojcct development can b~..' m) more than an estimate bmscd on r~:n, marketing knowledge. The estin'~at,: may change depending uDm future ,:('r)n()mic fact:~rs and ~,ther lnFr,xsln~ctt~re may bc either public or private, dc~nding ,cmi~,n. capacity, and design. The detcm~inati(m as lo whether a road shall ~)r private shall ~ made by thc I)cvcio~'r at thc time of ['rclimina~' %uJ,di','isd(~, PI:~t appr,)va!. Dcvclo~r 5J~ail ,:rcatc an appropriate declaration C0~:11;111~ urtd a pr,~[~ o~vners :L~s,~cia~ion which will ~ rcs~msiblc m:dntaining thc roads, streets, drainage, water and ~xtcr {mprovemcnts tv}icrc s)'slcm:, arc rlr~t ,tcdicatcd I(, a govc;nn~cntal agency. ,,\;1 building,;, hinds, taping and.v~sible infrastn~cture shall be architecturally and aesthetically unified. Said unitied architectural theme shall include a similar a:',zhitcctural design, u.~ of materials and colors throughout all of the buildings to 12B 2 ~ creeled cm the site. A conceptual design master plan shall be submitted ct~ncv, rrcnt with the Iirst application for Site I)cvclopmcnt Plan approval. 2.6 PR().IE(fF INTENSITY 'I'hc total acreage of thc Stiles PIJD is approximately 18.13 acres. 'llae interchange C~mm~crcial rctail and office uses shall have a maximum gross floor area of 7500 .square fcct per g~oss acre for a m,zximum .square footage of 135,975 square feet. The office uses shall bc pcrmiucd at 155)0(I ~luare feet per gross acre and the hotel/motel use is permitted at 26 units per gross acre. Interchange Commercial permitted principal u.~s arc permitted thr.ugh()ul thc 18.13 acre parcel in accordance with thc requirements stated in this PUD docurrlent. 2.7 SITE CI,EAI,~IN(; ANI) I)RAINAGI-~ Clearing. g~ading, earthwork, and site drainage work shall be perfcmncd in accordance with thc (7ode and other applicable governmental agencies and thc standards and comrnitmcms of this document. 2.8 EASEM EN'I'S F()R IrI'II,ITIES All p,,:cc~sa,,-v ca~:cmcnts, dedications, or other instruments shall be gi'antcd lo insure thc c~mtinuo:l .m, raticm and m',dntcnancc of all ~'icc utilities in compliance with applicable rcFtitati(,;q:~ ~:~ clh:c~ at thc time approvals 'tre rcqucsted 2.9 I,,\KE SI.71'BA(_'K ANI) EXCAVATi()N 'I hc lake setback requirements described in Code Section 3.5.7.1, may bc reduced with thc athninislr:~livc approval of t}~c Collier (5ountv I)cvclopment Sen'ices l)i~ector. Alt lakes grcah'r ~han l'.~ (2} acres may t~ excavaled ~t) ',he maximum commercial excavation dcplh:; sci ~o~lh in ('ode Section 3.5.7.3. I. subjccl Io meeting the County lbtch Ibnnula: h~xtc,.cr, rcn.)va} uf filI l?om thc Project shall be limited to an anlotnll up to lO ~rccm (to, a ma:<ir~'.mn ,~I' 2(1.00(} cubic yards)of the total volume excavated unless a comn~crcial cxcavati~l vzrmit i:, received. 2. I0 ()F F-STRF. I.TI' PARKING ANI) I,OAI)ING All .fi-street parking and loading facilities shall be designed in accordance with the Code Section 2.3. 2.11 USE OF RI(;llTS-()F-WAY [.ands within thc I'rojcct rights-of-way may be utilizx:d for landscaping, decorative cntr;mcc ,.sa.',s. and ~,ignagc, it' a re.view of the proposed uses, during thc development rcvicw process and prior to any installations, by the Collier Count.',' Development Services Director shows no adverse engineering or safety considerations. 2.12 SIGNS Minimum :dandards fl)r signs shall be in accordance ~'ith Code Sccti(m 2.5 in cffect at thc time final local development orders arc requested. 2.13 OPEN SPA(~E REQUIREN1ENTS l't, rsuant to Code Section 2.6.32 at least thirty percent (30%) of thc Project shall bt.' devoted to u.~ahlc open space. The total Project is 18.13 at:rcs requiring a minimum of _'3.4 acres tt, ~ retained as o~'n space. Thc o~n space calculation indicated on thc Pt;I) Nlastcr t'l;,~ idcntilScs 5.4 acres including lakes, miscellaneous bufl~rs and o~n space areas wi~i,zh mcct thc requirement. 2.14 N.,\TIVF, VE(;ET,,\TIfIN RETENTI()N I(EQUII(I-:MENTS 'Iht i'rc,.jcct shall retain fifteen percent or 2.7 acres of the viable naturally functioning ,.egetati~m .n site as required by Section 3.9.5.54 of die Code. 'lifts shall ~ monitored at each Preliminary NuNlivision Plat submittal. 'l]~e I)cvclo~r shall receive credit tYom pha.sc ~'hcrc Ibc 15~4 amount is exceeded to 1~ applied to a phase v. hcrc it is not. In any phase of dcxcl()pment ~'hcre credit loward thc 15% is needed, thc l)cvclo~'r shall delineate ¢,n tl~c I'rclimir~a~' NuNJivision Plat d~e ~rcentagc ,ff viaNc naturally ftu,ctiomng n;,~c ~cgctalion retained an&k~r arc~s of landscaping and o~n space which arc plan~cd with nalivc s~cies. '1%c Dcvclo~r shall show the calculations on each l'rclimina~' %ut~ivision Nat ~hich Iolals thc overall 15% for the Project build4~uL 2.15 TIME I,I511'I'S ()F PI,ANNEI) I/NIT i)EVEIX)PMENT API'R()VAI. Thc time i~mi~:~ A~r ~hc Projzct arc as provided l'~r 'a id~in Code .'%etlon 2.7.3.-1. 2.16 fl;I) M()NIT()RIN(; _.7.0.6. An annual tn,mit¢,r~ng repor! shall bc suNnilled pursuant to Code Section '~ 2.!7 I Nll',X(TF FEES l)c,.'clopme:~t '.~.ithin the Project shall be subject to all lawfully adopted impact fees appropriate for each land usc in effect at the time of development and in accordance with prior agreements between lh¢ I)eveloper and the County. t2B 2 SECTION II1 IN'rERCtl.4NGE COMMERCIAl. LAND USE DISTRICT 3.1 P U R POS E 'lq~e purpose of this section is to set forth the pcrrnitted uses and development standards for the development of the Project. ao PERM ITTED USES AN D STRUC'YURES No building or structure or part thereof, shall be erected, altered or used, or land u.~s, in whole or part, for other than the following: Interchange Comrntrcial Permitted Principal Uses throughout the 18.13 acre parcel: i ii. iii and Struclures permitted Accounting, Auditing ,'md Bookkeeping Services (Group 8721 ). Amusement m~d Recreation Services (Groups 79il-7941,7991,7993). Apparel arid Accessory Slorc:; (Groups 5611-5699). .\,m~ axed I lornc SUl~ply Stoics ((}roup 5531). ,,\tmm~otive f/cpair. Services. and Parking (Groups 7514, 7515, 7534, 7542) (no ~;cr',.icc kays shall lac,: lmmokalee Road). t5&lding Materials, tJardware and Garden Supplies (Groups 5211- 5261). f~,usincss Ser',ices ((}r. mps 7311. 7313, 7334-7335, 7371-7379, 7384). Child Day Care Servic:s (Group 835 l). Miscellaneous P, etail (Groups 5912-5963, except pawnshops and all uses dealing wi~h secondhand merchandise, 5992-5999). I)epositoo' Institutions (Groups 6011-6099). 3-1 12B 2 x~ii xviil. ×X. xxi. ××iii. XX',. kating and Drinking Places (Groups 5812-5813 ~. Electrical Repair Shops (Group 7622 automoti,,¢ radio, radw. television, stereo and video recorder repair only, 7629 except aircraft. business and office machines, large appliances such as rcfri~crat(,rs and washing machines). Engineering, Accounting, Research, Management. and Related Scr,.ices (Groups 8711-8713, 8721,8741-8743. 8748). Food Stores (Groups 5411-5499). (;asoline ,C:,crvicc Stations ((}roup 5541 except mar}nc .~n'icc start(ms and truck stops subject to Section 2.6.28). Group (;are Facilities (Category I and Il): Care t.lnits except lbr hnmele'~s shelters: and Nursing tk~mcs, subject to Sec. 2.6.26). General Merchandi.~ Store:~ ((iroups 5311-5399). [lealth Services (Groups 8011-8049, 8082, 8093, 8099). I told}ns and ()tiler Investment Offices (Groups 6712-6709). t lomc Furniture, Furnishings, and Equipment Stores ((}rot:ps 5712- 5736). l lotels and Motels ~'Group 7011 in accordance with the development standards in this PUD dcx:ument). l~:surancc ,\gents. Brokers, and Service (Group 641 I ). Insurance Carriers ((Jr, raps 6311-6399). l.ibraries (Group 8231;. l.cgal Services (Group 81 I 1 ). M,:mbcrship Organizations (Groups 8611-8661. 8699). 3-2 xxvii. Miscellaneous Personal Sen'ices (Groups 7211.7212.7215.7216 non- industrial dr).' cleaning only. 7221-725 I. 7291 ). Miscellaneous Repair ~rviccs IGroup 7631 ). Museums and An Galleries IGroup 8412). Nondev~sito~' Credit Institutions (Groups 6111-6 163). Paint. Glass and Wallpaper Strifes (Group 5231 ). Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). xxxiil. Public (')rder and Safety (Groups 921 I and 9224). xxxiv P, eal Hstatc ((iroups 6512,6531-6552). xxxv. Social Services (Groups 8322 activity centers, elderly or handicapped. adult clay care centers; and day care centers; adult and handicapped only, and 8351). xxxvi. United States Postal Service (Group 4311. except major distribution center). ,:'<x'. ~i.Velcrinau' .',;¢rviccs (Grtmps I)7,12, 0752, excluding outside kenneling). ,;xxvtii. V'idco 'l';4,z P, cntal ((iroup 7~4,i I ). Any o~ber commercial us,.: tlr ?rtffcssional .~r','icc ',,,hich is comparablc in nature with thc tbrcgoing u.~s and which the l)cvclopment .qcr','iccs Director dctemfines to be compatible in this district. l',.'rmiltcd ,.\cccs~r) ! ;_~s and F, tn~clurcs i. [;.~s and slmctures that a~c accessory and incidental to uses lx:nnittcd in this district. 3-3 3.2 3.3 I)EVELOI'MENT STANDARDS FOR AI,L PERMITTED USES EXCEPT ItOTEI, ANI) MOTEL USE Mimmum l.¢>t Area: Ten thousand (I0.000) square feet. Minimum lx~t Width: One hundred feet(100'). Minimum Yard Requirements: From Immokalcc Road: [:iffy fcct (50'1 Front Yard: Twenty-five feet (25'). All othcr yards: }:iffccn feet (15'). Ma:<inmm I fcight: Thirty-five foci (35'1. except fi)r non-functional architectural clements (such as hell towcrs), which shall have a maximum height of fifty l~ct Minimum l:lo~r Area of Principal Structure: Seven hundr,zd (700) square t~ct gr~>;:~ tlc>or area for each building on thc ground floor. l)is~ancc between principal structures: N~mc, or a minimum of five fcc~ (5') with tmr~bstructcd passage from front to rear yard. Nl~:smum standards fl)r lighling and landscaping shall bc in accordance with thc (', ~,tc in cf iL'ct at thc lime final local development orders arc requested. No outside display of merchandise or storage is pcm~ittcd unless horizontally vi:really screened hy an acceptable vertical structure. tl()TEI, ANI) MOTEL I)EVEI.,()PMENT STANi)ARI)S Minimum [.or Area: One (1) acre. Minimum l,~t Width: One hundred fifty [~ct (150'). M~tSmum Yard Requirements: I. [:rrml lmmokalcc Road: r iffy l'cct (50') 2. Front Yard: I:ifly-fivc~r:cnl(55%)ofbuildingheight~itha minimum c~l'twentv foci t20'). 3. All otl~er yards: Twcnlvl~ct(20'). 3.4 Maximum l teight: Sixty feet (60') or six stories, whichever is greater. Distance between principal structures: Fifteen feet (I 5') or one-half(IA) the sum of the building heights, whichever is greater. Minimum standards for lighting and landscaping shall bc in accordance with the (Tc,de in effect at thc time final local development orders are requested.. Minimum standards for butfers shall be in accordance with Code Section 2.4 in effect at thc time final lc<al development orders are requested, unless otherwise specified herein or ~m thc P! ,~1') Master Plan. Exhibit A. All huff'cc .~thacks shall be rneasured from platted lot boundaries. Thc lbllowing idcr~tifics thc bufl~:r according m land usc type: Internal t~,t~i-lk'r.s on: Interchange Commercial: I. Il')' adjacent to, hotel parcel 2. IfF adjacent t,) internal right's-or-d, ray 3. I0' adjacent ,) easlcm N)unda~' with [)onovan f't;l) except O' where thc }~ir~t access r.ad is proN~scd I0' adjacent I~ cornmcrcial parcels Ir)' adjacent to internal righls-ol'-v,'ay 10' adjacent t,~ ca,stem N)undar,' with l)onovan PUD except O' x~,hcrc thc joint access road is proposed Thc bulf,,:r ~ the ,.*.'cstcm and :,;outhcrn Pr,>ject b, mndaries shall bc kept in native vcgctatior: existing .m thc silt: to the maximum extent N~,ssible or ~,hatl & planted with n,l~xcvc ct::to~inthoscarcasdcxoid~d'native~cgclalion. 3-5 SEC'TIf)N IV DEVEI,OPMEN'Y COMMITMENTS 4.1 4.2 4.3 '[ he purl'x~se of this section is to set fi~r!.h thc development commitments ot' the Project. EN(; INEICP, IN(; l)ctailcd paving, grading, site drainage and utility plans shall be submitted to thc Dc',.'ciopmcnt Sc~'iccs Division for review. No construction pein'fits shall isst~cd unless and until approval of the proposed construction in accordance ,.,.ith thc submitted plans is granted by the Development .Scr¥iccs Division. .,\cccss lo all parcels fronting lmmokalcc Road shall bt: from thc main cmrancc road with no direct driveway access From each parcel to Immokalcc }*,oad. 'Ibc main road shall mcct thc minimum pavement standard For a minor collector '[-h,~ required ri~.~ht-of-way may be as required for a local strct:t. I ITII,ITI f.L~ Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed. conveyed. ~r,,,'ncd and maintained in accordance with Collier County Ordinance No. ,88-76, as amended, and other applicable County rules and regulations or other applicable agency regulations, as may be appropriate. All customcr:i connecting to thc water distribution and sewage collection facilities to be constructed ,,,,'ill be customers of the County and will be billed by the Count:, in accordance with the County's e.~tablished rates. '['l-,c u:ilitics for the Project's watt' distribution and wastc,.vater collection systems :;ha}} bc dc~,igncd and constructed to connect the Project to thc l)istrict's facilities i~ .lc:'ordar..,:c with (.7ounty ctilcria and thc (7otmty's Master Plan. 4-1 .L2B 2' 4.4 WATER MANAGEMENT A copy of South Florida Water Management District Peru]it or Early \Vork Permit is required prior to construction plan approval. Detailed water management plans and calculations, signed and sealed by a Florida I'rofcssitmal Fnginecr shall be provided. ,&n F, xcavation Permit ,,viii be required for the proposed lakes in accordance with .Section 3._5 of thc Code and thc South l:lorida Water Management District Rules. 4.5 I';NVIRONNIENTAi, ,,',,s set F(wth in Section 2.15 herein, the I)cvcloper '.,,'ill retain the maximum amount {~f n~tivc vegetation p()ssible as part of thc landscape buffers within thc ['reject. This z~creilge shall tx: counted toward the required 15% native habitat requirement ur, der thc ('ode. Petitioner shall submit an F. nvironmcntal Impact Statement at the time of thc next l)cvclopmcnt Order submittal. This Prr)ject slmll be in compliance with thc Collier County l.and Development Code. the Collier County (}rou, lh .Management Plan, Coa.stal and Conservation Management Element in effect at thc time of the first I)cvclopmcnt Order approval. 4.6 TI/,A NS P (') I.UI'ATi ON 'l'hc Developer has provided left and right turn las~cs on lmmokalec Road at the I'rojcct entrance. 'I'hc l)evclo['~'r shall make a fair share contribution toward thc capital cost t~l'a traltic signal at the Pr~jcct entrance when deemed warranted by the County. ,,',,t! trallic o,ntrol devices on public roadways, excluding street name signs, shall confon]~ to thc Manual on Um"onn Tralfic Control Devices as required bv Chapter 316, Florida Statutes. I). 'IT,(: applicant shall be responsible for thc installation ofarlcrial level street lighting at all t'r(~jcct entrances at lhe time of apprt)val el'thc Final Subdivision Plat. 4-2 'Ibc ab~xc required improvements are considered "site related" as defined in the ('od{: and st~lll not be applied a credits toward any' impact fees. Thc ()riginal PUl) required that thc Developer dedicate land for the widening of lmmr)k:~lcc Road. Thc Developer has previously satisfied this requirement bv conveyance of a twenty-five foot {25') strip of land by deed recorded in Official Records Book 1545 at Page 443 of the Official Records of Collier Count)'. Florida. In addition the Developer conveyed additional land for the expanded Iinmokalcc right of way by deed recorded in Official Records Book 1837 at ['a~c 1099. 'Ihe original PUD provided that a cross drain across Immokalee Road to thc canal on the north be incorporated and that the County be provided with access to it f~r use in connection with the future six-laning of lmmokalee Road. This w~)rk was completed and paid for by the Developer under an agreement between thc Developer and the Count.,,' dated May 4, 1993. The requirements have bccn satisfied tt. 'I he_' original PUD strongly recommended thc extension of the then existing l'{~r- l:,.ncd .,ceti¢m of Immokalec Road `.`.'est and through thc proposed construction ~d' a f'r~ur t;mc median opening on Immokalec Road aligned with thc eastern b~mnd;try of the Project and Pelican Strand (tka Regency Village) to the north of l~nrnok;dce R~ad. The median o[.x:ning ,,,,'as constructed and paid for by thc I.~cvcl{~pcr under thc agreement with thc County dated May 4, 1993. Thc four- ]~min~4 has been completed to the ,,`.'est. The four lane extension is subject to a f~ir sl~:~rc r{~ad impact fee credit applicable to the added through lanes. I'hc l'rt,jcct onto' from hnmokalec Road will be along its cas~.crn N)undary v.) ms !{~ align with tile present median cut in ~md pro[x)sed trafllc signal on Immokalcc t),r~tt ~t thc entrance ir) Pelican Strand. The tntO' will bc designed so that it can b¢ il'dcr-ct~lncclcd to m~d used by the lands that are located to thc cast of thc Project and west of !-75. 'Ibc inter-connection and usc of the cntp,.'way by the adjoining landowner ,,,,'ill be pursuant to a mutually agreeable cross u.~ or cross easement z~,grccrncnt. 4-3 12B3 ' ' Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross flooi, area, which shall be considered inclusive o£ the required golf course parking. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, 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. 4-3 SECTION V PRESERVE DISTRICT 5.1 5.2 5.3 5.4 PURPOSE The purpose of this Section is to preserve and protect the natural wetland vegetation and functional habitat incorporated in the Preserve Tracts. GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve district is to retain viable naturally functioning wetland upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Strand Community residents. USES PERMITTED No building or structure or part 'cbercof, shall be erected altered or used, or land used, in whole or in part, for other than thc follow:,ng, subject to regional State and Federal permits when required; A. Principal Uses 1. Open Spaces/Nature Preserves. Small docks, piers, or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 4. Drainage, water management, and utilitarian facilities, subject to all needed permits. DEVELOPM3ENT STANDARDS mo Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated into the design. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. 5-1 12B PRESERVE 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 lands included ia the Preserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve 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 any applicable permit granted by said agencies, and as set forth in Section 8.13 hereof. The developer, its successes) or assigns, the Pelican Strand Master Property Owners' Association, Inc., shall be responsible for control and maimenan,-.e oflanda within the Preserve District. 5-2 SECI'ION VI ACTIVITY CENTER DISTRICT 6.1 6.2 6.3 PURPOSE The purpose of this Section is to identify the commercial uses and development standards applicable to the tracts designated on Exhibit "A" as Commercial. DEVELOPMENT EMPHASIS The two commercial tracts constitute 30 acres of commercial development area. They are located in the northwest quadrant of the 1-75/Immokalee Road interchange, which is an interchange Activity Center. Commercial development is intended to be mixed, including services for highway travelers; local market shopping; financial institutions, offices, transient lodging facilities, and associated uses. The entirety of the two commercial tracts is to be developed under a common architectural landscape architectural theme, so as to serve the joint objectives of attractiveness to patrons, and an attractive entry feature for the Pelican Strand residential/golfing community. USES PERMITTED The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of fight, or as uses accessory to permitted uses. Unless otherwise provided fOr in this Section, all permitted uses of the C-2 Commercial Convenience District. 2. Apparel and Accessory Stores (groups 56I 1-5699). 3. Auto and Home Supply Stores (5531). Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384,7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). ~ Eating Places (5812 only). All establishments engaged ia the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of See. 2.6. I 0). Drinking Places (5813 excluding bottle clubs). Ail establishments engaged in the retail sale of alcoholic beverages for on premise consumption are subject to the locational requirements of Sec. 2.6.10). 7. Food Stores (groups 5411-5499). ~ 8. General Merchandise Stores (groups 5311-5399) 6-1 12B 9. Group Homing, excluding Family Care Facilities, subject to Sec. 2.6.26. 10. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). 11. Hotels/Motels (7011). 12. Libraries (8231). 13. Membership Organizations (8611-8699). 14. Miscellaneous Repair Services (groups 7629-7631). 15. Miscellaneous Retail (groups 5912-5963 except pawnshops and all uses dealing with secondhand merchandise, 5922-5999). 16. Motion Picture Theaters, except drive-in (7832). 17. Museums and Art Galleries (8412). 18. Non-depository Credit Institutions (groups 6111-6163). 19. Paint, Glass, and Wallpaper Stores (5231). 20. Personal Services (groups 7211, 7212, 7215, industrial dry cleaning only, 7221-7251, 7291). 21. Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 22. Retail Nurseries, Lawn and Garden Supply Stores (5261). 23. Veterinary Services (groups 0742, 0752, excluding outside kenneling). 24. Video Tape Rental (7841). 25. United States Postal Service (4311 except major distribution centers). 26. Communication Tower (location limited to the southeast section oftrac~ "~"), 27. Any other general commercial use which is comparable in nature with the foregoing uses. 6.4 Words ~derlined are additions; PERMITTED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. B. Essential services and facilities. 6-2 Words ~ are deletions. 6.5 DEVELOPMENT STANDARDS A. Co Principal sm:erin-es shall be setback a minimum of twenty feet (20') from "GCO" and PUD boundaries, private and public roads. Accessory structures shall setback a minimum often feet (10') from "GCO" boundaries and private roads, and twenty (20') from all PUD boundaries and residential tracts. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference D. Maximum height of ~ 1. KetailXService - 2 stories 2. Office~mitutional - 4 .stories 3. HoteI~viotel - 7 stories Eo 4. Commtmi~ion Tower - 170 feet tall Minimum distance between principal or accessory mamtmes which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - none, or a minimum of 10 feet (10') with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. Ko Minimum lot or parcel area - None required. Standards for parking, land.w, aping, si~s and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor are~ ~andards apply to prinei~ ~msetures. All buildings, landscaping and visible in~$ shall be architecturally and aesthetically unified. Said unified architectmal theme shall include a similar 8rchit~gtural design, use of materials and eolota throughout all of the buildings to be erected on site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be mbmitted concurrent with the first application for Site Development Plan approval. 6-3 Words ~ are additions; Words ~.~se,flxem~t are deletions. 3 7.1 7.2 7.3 SECTION VII GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be comsmm~d in strict accordance with Final Site Developm~t Plans, Final Subdivision Pl~s, md all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even fi.the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the 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 the re-zoning of the property. In addition, the developer will agree to convey to any successor or assignee in title, any commitments within this agreement. PUD MASTER PLAN ho Exhibit "A", the PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or ~pecial land use boundaries, shall not be consm.w.d to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance ofall service utilities and all common areas in the project. The following shall be considered minor changes and refinements, subject 'to the limitations of PUD Section 7.3A: Reconfiguration of Peserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. Reconfiguration of lakes, ponds, can,ah, or other water management facilities where such changes are con.sistent with the criteria ofthe South Florida Water Management District and Collier County, and where there is no further encroachment into Reserve areas. 7-1 7.4 7.8 12B' 3 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 Preserve SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Initiation of construction on the Pelican Strand project occurred in calendm' year 1996, with completion of the golf course and project infraslx'ucture anticipated to occur in calendar year 1997. Marketing of commercial and residential sites and golf cours~ memberships began in calendar year 1996, and is expected to be concluded in calendar year 2003. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. POLLING PLACES Pursuant to Section 2.6.30 at the Land Development Code, provision shall be made for the future use of space within a common building for thc purlx,~ of accommodating the function of an electoral polling place. An agreement 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, homeowner associations, or community recreation/public buildings/public rooms Or similar common facilities to be used for a polling place ifdetermLned to be necessary by.the Supervisor of Elections. 7.6 SUBDMSION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. A perimeter berm along 1-75 may be steeper than provided for by Section 2.4.4.14 o f the LDC, provided that th~ Development Services Director determines that detailed development/ landscape plans for the berm demonstrate feasibility, maintainability, and attractiveness. 1. Trees and shrubs shall be planted along th~ base of the 1-75 side of the berm, so as to visually soften the appearance ofthe steep sided berm. 2. Ground cover on the 1-75 side of the berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75% native species. 4. Shrubs shall be a minimum of 35% native species. 7-2 Sidewalk~)ike paths shall conform with Subsection 3.2.8.3.17 of the LDC except as follows: I. 12B Pelican Strand Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs serving more than twenty-five (25) single family lots shall be required to have a sidewalk or bikepath on one side of the street. All cul-de-sacs ~xving twenty-five (25) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. the gross density of the cul-de-sac shall be less than two (2) units per acre. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: Cul-de-sac and local streets less than one thousand feet (!,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 7.6.B.4 of this PUD. All other cul-de-sacs are required to have a minimum of forty foot (40') right-of-way width and two ten foot (I0') wide travel lanes. Ail other local str,~ts are required to have a minimum forty feet (40') fight-of-way and two ten foot (10') wide travel lanes. Cul-de-sacs may no~ exceed a length of fifteen hundred feet (1500') 5. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. 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 Standards (FDOT MUMS) and AASHTO criteria are met. 7.7 Words ~ are additions; TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by thc following conditions: 7-3 Words s~aete.th~,~'n are deletions. 12B Z 1J W O_ J Ao A security gate may be installed between the access to the commercial area which is open to the general public, and the residential/golf club area. Streets which do not serve the general public may be private. The reserved right-of-way along the north boundary of the project is to accommodate the southern half right-of-way for the east-west arterial road indicated on Map TR-7, the Future Traffic Ways Map, Year 2015, an increment of the Collier County Growth Management Plan. Prior to construction ora road within this right-of-way, the Pelican Strand development sponsor, or his assigns, may utilize the right-of-way on an interim basis for berm, buffer, golf course rough, access corridor for maintenance equipment, etc. Upon notification by the County that road construction is imminent, the right-of-way shall be dedicated to thc County, and interim utilization of the fight-of-way by the Pelican Strand developer or his assigns shall be terminated. Said dedication procedures shall follow the provisions of Section 2.2.20.3.7 of the LDC. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93454. Consistent with the County's Concurrency Management System, development of dwelling units incxcess of 680 dwelling units shall be authorized for permitting if the Level of Service (LOS) on either segment of Immokalee Rd. has not fallen below its adopted "LOS D", or improvements have been commited through the County's Capital Improvements Program for said widenings. 7.8 7.9 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required prior to final construction plan approval. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao Temporary constnmtion and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 1013-6, and may use potable or irrigation wells. Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or or, ned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Co All customers connecting to tl~ water distribution and sewage collection facilities to be consm.~ted will be customers of the County and will be billed by the County in accordance with the County's established rates. 74 7.10 Do Eo Golf course rest stations and rnaintenanee 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 water and irrigation wells. The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead. end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. The project's Developer(s), his assigns or successors, shall 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 facilities from the County's point of&livery to the project the developer shall negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. Go Irrigation water will be provided with a separate distribution system supplied by on-site wells, reclaimed water or another non-potable argt water source. Ho 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. 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 staffprior 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. The existing off-site water 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 the District's existing committed capacity. Jo The existing off-site sewage transmission facilities of the District must be evaluated for the hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. ENVIRONMENTAL The and development of this PUD Master Plan shall be subject to and governed by the following conditions: 7-5 12B 3 Co Environmental permitting shall be in accordance with th,-. State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County jurisdictional wetlands. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner~ m~.sociation or like entity for ownexship and maintenance responsibilities, and to Collier County with no responsibility for maintenance. Buffers mound pre,~erved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted per Paragraph C above. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. 7.11 ACCESSORY STRUC-TFURF~ 7.12 7.13 7.14 Accessory structures shall be constngted simultaneously with or following the construction of the principal structure except that tempora/y ~tics buildings, trailers, marketing facilities, contractors' storage and office facilities and thc like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. SIGNS All signs shall comply with Division 2.5 of the Land Development Code in effect at the time of building permit application. LA NDSCAPING FOR OFF-STREET PARKING AREAS Ail landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Land Development Code in effect at the time of building permit application. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: 7-6 3' Ex.ration activities ~dl comply with th~ d~finMon of a "dc.v¢lopment excavation" ptasuant to Division 3.5 of thC Land Development Cod~ whereby off-sit~ removal shall be limited to 10% of, to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. 7-7 12B 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. 97-75 Which was adopted by the Board of County Commissioners on the 25th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of November, 1997. DWIGHT E. BROCK Clerk of Courts an~ '~lerk Ex-officio to Bdard of County Commissioners (By: Maureen Kenyon'. Deputy Clerk COLLlXR COI~rY FLORIDA REQUEST FOR LEGAL ADVI:RTISING Oi~ PUBLIC HEARinGS 1284 P~tioner: (Name & Addxesa): 21227 South Ho _r~__hoe Limited. 3003 Tamiami Trail. N.. Haoles. FL 34102 Name & Address of arty person(s) to be notifiexl by Clerk's Office: (If more space is needed, attach ~rate sheet) pominick I. Amico Jr.. P.E. 7400 Tamiami Trl. N.. Suite 200. Naol{~,. FL 214108 Hearing before XXX BCC BZA Baaed on adv~ appearing 15 day~ befor~ hearing. Nc"~spape~s) ~o be ,_,__,,>ed_: (Compile only ii ln~xntanO: XXX Naple~ Daily New~ Propom~ Text (Include legal deacription & common location & Size: Pelition No. R-97-6. Dominick J. Amico. Jr.. P.E.. fgpr~-mint 3227 South Hors~,ho~ Limiled. ruouestint a r~zone from "F to "C-5" for o _toUcHy located in Collier Park of Comm~'~ ~ Naol~ In({ustr}al Park~ n~ar th~ ~,orthmve_~l corner of South Hor~ Driv~ aM Airuon-Pullint Road (C.E. 31) in S4:~ion Towmhio 49 f~:,ulh. Rante 25 EasL Collier County. Florida. cooti~nt of.57 Compam~ petition(s), if any & proposed heating da~: Doom Petition Fe~ include adv~tiaing c~f7 [~es [] No ffYe~, whal account should be charged for adverdtdng co~: _a,... · Di-vitioa Head Date County Manager Date Li~ Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZ.A: Initiating perao~ to czmpk~ one coy ami obtai~ D~ Head appn~val before mbmlttlng to County Manager. Note: ff legal document is im'oived, be rare that any necessary legal review, or reqsaest for same, la submitted to County Attorney befot~ submitting to County Manager. The Manager's office will distrilmte [] C~nty Manager agenda file: to Clerk's Office [-] Reque~nI Divi~km f-10d~hul B. Oth~htadngs: ~itiatin{Diviskmhe~dmap~mm~andsu~i~rigi~a~t~Ck~s~ffic~rutainin~acopyf~t~e. Dam Received: ,, / ~) / Date of Public hearing: 3 Dam Advertised: // 1..284. ' o o lID: 43. 'TT&-8408 ~a]:].~ ]10~ U 774-8406 ,,,I 12B4 October 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition R-97-6 Dear Judi: Please advertise the above referenced notice one time on Sunday, November 9, 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 12B + , NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY~ NOVEMBER 25, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Con~nissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9535N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN COLLIER PARK OF COMMERCE (EAST NAPLES INDUSTRIAL PARK) AT THE NORTHWEST CORNER OF SOUTH HORSESHOE DRIVE AND AIRPORT-PULLING ROAD (C.R. 31) IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "I" TO "C-5" AS HEREIN MODIFIED; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition R-97-6, Dominick Jo Amico, Jr., P.E. representing 3227 South Horseshoe Limited, requesting a rezone 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 TI~4OTHY L. HANCOCK, CHAIRMAN ~;IGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) October 22, 1997 3227 South Horseshoe Limited 3003 Tamiami Trail North Naples, FL 34102 RE: Notice of Intent to consider Petition R-97-6 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, Sue Barbiretti, Deputy Clerk Encl. cc: Dominick J. Amico, Jr., P.E. 12B October 22, 1997 Dominick J. Amico, Jr., P.E. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 RE: Notice of Intent to consider Petition R-97-6 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, Sue Barbiretti, Deputy Clerk Encl. cc: 3227 South Horseshoe Limited ORDINANCE riO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COU~ITY LAND DEVELOPMENT CODE WHICH ES?ABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9535N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN COLLIER PARK OF COMMERCE (EAST NAPLES INDUSTRIAL PARK) AT THE NORTHWEST CORNER OF SOUTH HORSESHOE DRIVE AND AIRPORT-PULLING ROAD (C.R. 31) IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM ~'I" TO "C-5" AS HEREIN MODIFIED; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dominick J. Amico, Jr., P.E., representing 3227 South Horseshoe Limited, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 35, Township 49 South, Range 25 East, Collier County, Florida, is changed from "!" to "C-5" as herein modified and the Official Zoning Atlas Map Number 9535N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property, Exhibit "A" attached hereto and incorporated by reference herein, is the same for which the rezone is hereby approved subject to the following conditions: The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within the C-5 Zoning District, are permitted as a right, or as uses accessory to permitted uses in this Section. 1o Permitted Uses a o Unless otherwise provided for, permitted uses shall include all of those uses permitted in the C-5 Zoning District at Section 2.2.15 h.2.1 of the Collier County Land Development Code with the exception of those major groups listed under Division G, Retail Trade of the SIC Manual (1987) save for Group 5812 Eating Places. 2. No ingress or egress from Airport Road is allowed. All other applicable provisions of the Collier County Land Development Code shall apply. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: TIMOTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: MarjdJrie M. Student Assistant County Attorney f/R-97-6 REZONE ORDINANCE/ O00¢E ~.[%'.;"20 S NapLes DaiLy Ne~s Affidavit of PubLication 12B4 BOARD OF COUNTY COI~qlSSIONERS ATT~: NANCY SALOGU~ PO BOX 413016 NAPLES FL 341~-34~16 REFERENCE: 001230 800551 57590392 NOTICE OF INTENT TO State of FLorida CalmLy of CoLLier Before the undersigned authority, persoemtLy appeared B. Lamb, ~ho on oath ~ays that she serve as the Assistant Corporate Secretary of the NapLes DaiLy Ne~s, a daily newspaper published at NapLes, in CoLLier County, FLorida: that the attached copy of the advertising was published in ~atd newspaper off dates Listed. Affiant further says that the ~atd NapLes DaiLy Ne~s is a r~epeper published mt NapLes/ in l~td CoLLier County, FLorida/ and that the nevspeper has heretofore bee~ co~ttnu~$Ly published in said CoLLier County, FLorida, each clay and has been entered aa second class mail Niter at the post office in NapLes, in CnLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of edverttsee~eflt; and affiant further says that she has neither paid nor proeJsed any per~on, firm or coporatton any dtscount~ r~te, coaaission or refund for the purpose of securing this advertisement for publication in the ~aid newspaper. PUBL[SHEO ON: 11/09 AD SPACE: 93.000 INCH FILED ON: 11/10/97 Sworn to and Subscribed before ~e this [l , day of Per$o~aLly knc~vn by ~e ]7 F-ZPLqES ' , 128 4 ORDINANCE NO. 97-77 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 9535N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED IN COLLIER PARK OF COMMERCE (EAST NAPLES INDUSTRIAL PARK) AT THE NORTHWEST CORNER OF SOUTH HORSESHOE DRIVE AND AIRPORT-PULLING ROAD (C.R. 31) IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM "I" TO "C-5" AS HEREIN MODIFIED; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dominick J. Amico, Jr., P.E., representing 3227 South Horseshoe Limited, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 35, Township 49 South, Range 25 East, Collier County, Florida, is changed from "I" to "C-5' as herein modified and the Official Zoning Atlas Map Number 9535N, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property, Exhibit "A" attached hereto and incorporated by reference herein, is the same for which the rezone is hereby approved subject to the following conditions: The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within the C-5 Zoning District, are permitted as a right, or as uses accessory to permitted uses in this Section. 1. Permitted Uses Unless otherwise provided for, permitted uses shall include all of those uses permitted in the C-5 Zoning District at Section 2.2.15 h.2.1 of the Collier County Land Development Code with the exception of those major groups listed under Division G, Retail Trade of the SIC Manual (1987) save for Group 5812 Eating Places. 2. No ingress or egress from Airport Road is allowed. 3. All other applicable provisions of the Collier County Land Development Code shall apply. 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 =~3~-~ day of ATTEST: ~ DWIGHT ~E. BROCK¥~ Clerk .:~ >~4 . .. ~'-> ~..~ ,, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ?. Appr,0v~d as to Form and Legal Sufficiency: Marj~Jrie M. Student Assistant County Attorney f/R-97-6 REZONE ORDINANCE/ 12B ~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, ~ollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDI~]ANCE NO. 97-77 Which was adopted by the Board of County Commissioners on the 25th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and G'l~'r'~ F~x-officio to Board"of ..... County Commis s ion~rs~..· · By: Maureen Kenyoh'..; .!.~ ... Deputy Cler~ "" · COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following a~ a: 12 5 XXX Normal legal Advertisement (Display Adv., location, etc.) Petition No. (If none, give brief description): PIJD-90-32(I) Petitioner: (Name & Address): Ashley Service Station. Inc,. Rt #7, Elliiav. GA 30540 Name & Adda:ss of any person(s) to be notified by Clerk's Office: (ff mom ~ i~ ~ attach sepam~ .sh~) Mr, R. Brace A,rglemom E~uire, Young. van A,~ndeer~_ & Varnado~. P.A,. 801 Laurel Oak Drive. Suite 300. Na~le~. Florida 34108 i'i 'z Newspaper(s) to be uved: (Complete only ifim~rtant): XXX Naples Daily News Other [] Legally Required Proposed Text: (Include legal description & conunon location & Size: Companion petition(s), if any & proposed hearing ~tef Does Petition Fee include advertising cost? [~ [] No If Yes, what account should be charged for advertising costs: Reviewed by: Approved by: Division Head D County Manager Date List Attachments: DI~TRmUTION INSTRIJ¢"rION$ For hearings 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 ~ review, or req~e~ for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: [] County Manager agenda file: to [] Requesting Division [] Original Clerk's Office B. Oiher hearings: Initiating Division head to appruve and submit original to Clerk's Office, retaining a copy for fil~. Date ~ed: / / Date of Public hearing: , / ~ Date Advertised: // , 12B5-' 1 ID TOTAL ~PGS 3 12B5 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-90-32(1) Dear Judi: Please advertise Che above referenced notice one time on Sunday, November 9, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Po O. #800551 12B5 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, NOVEMBER 25, 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 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 NI/MBERED 9627N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" AND "RMF-12" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASHLEY'S SERVICE STATION-GOLDEN GATE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY, IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1 ACRE, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NI/MBER 90-108, AS AMENDED, THE FORMER ASHLEY'S SERVICE STATION-GOLDEN GATE PUD; AND BY PROVIDING FOR AN EFFECTIVE DATE. Petition PUD-90-32(1), R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Ashley's Service Station, requesting to change the zoning classification 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 COM/~ISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk ( SEAL ) October 22, 1997 Ashley's Service Station, Inc. Route ~7 Ellijay, GA 30540 RE: Notice to Intent to consider Petition PUD-90-32(1) 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, Sue Barbiretti, Deputy Clerk Encl. cc: Mr. R. Bruce Anderson 12B5 ' October 22, 1997 Mr. R. Bruce Anderson, Esquire Young, van Assenderp & Vanadoe, P.A. 801 Laurel Oak Drive, Sutie 300 Naples, FL 34108 RE: Notice to Intent to consider Petition PUD-90-32(1) 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, Sue Barbiretti, Deputy Clerk Encl. cc: Ashley's Service Station 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 MAP NUMBERED 9627N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" AND "RMF-12" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASHLEY'S SERVICE STATION-GOLDEN GATE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY, IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1 ACRE, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-108, AS AMENDED, THE FORMER ASHLEY'S SERVICE STATION-GOLDEN GATE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Ashley Service Station, Inc., petitioned the Board of County ComMissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 27, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" and "RMF-12" 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 Map numbered 9627N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 90-108, as amended, known as the Ashley's Service Station-Golden Gate PUD, adopted on December 18, 1990 by the Board of County Con~nissioners of Collier County, is hereby repealed in its entirety. :. ' 12B5 ' 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 Forra and Legal Sufficiency q~Marjorie M. Student Assistant County Attorney BY: TIMOTHY L. HANCOCK, Chairman f/PUD-90-32(1) ORDINANCE ASHLEY' S SERVICE STATION-GOLDEN GATE A PLANNED UNIT DEVELOPMENT ORIGINALLY APPROVED DECEMBER, 1990 SUBMITTED BY: YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 (941) 597-2814 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 1..2B5 SECTION I SECTION II SECTION II! SECTION IV SECTION V EXHIBIT A STATEMENT OF COMPLIANCE ........... COMPLIANCE STATEMENT ............ SHORT TITLE ................. PROPERTY OWNERSHIP AND GENERAL DESCRIPTION INTRODUCTION AND PURPOSE ........... LEGAL DESCRIPTION ............. PROPERTY OWNERSHIP ............. GENERAJ~ DESCRIPTION OF PROPERTY AREA ..... PHYSICAL DESCRIPTION ............ PROJECT DEVELOPMENT REGULATIONS ....... INTRODUCTION ................. GENERAL INFORMATION ............. PROJECT PLAN ................. EASEMENTS FOR UTILITIES ........... PROJECT PLAN APPROVAL REQUIREMENTS ...... SIGNS .................... LANDSCAPING FOR OFF-STREET PARKING AREAS LAND USE REGULATIONS ............. PURPOSE ................... GENERAL DESCRIPTION ............. PERMITTED USES AND STRUCTURES ........ ACCESSORY STRUCTURES ............. DEVELOPMENT STANDARDS ............ DEVELOPMENT COMMITMENTS ........... PURPOSE ................... GENERAL ................... PUD MASTER PLAN ............... TRANSPORTATION AND ENGINEERING ........ UTILITIES .................. WATER MANAGEMENT ............... ENVIRONMENTAL ................ EXHIBITS Planned Unit Development Master Plan 1 2 2 2 2 5 5 5 5 5 7 7 8 8 9 10 10 -2- 1.1 SECTION I STATEMENT OF COMPLIANCE COMPLIANCE STATEMENT The development of approximately one (1) acre site in Golden Gate City, Collier County, as a Planned Unit Development to be known as ASHLEY'S SERVICE STATION-GOLDEN GATE will be in compliance with the planning goals and objectives of Collier County as set forth in its Collier County Comprehensive Plan and Golden Gate Master Plan. The commercial development of ASHLEY'S SERVICE STATION-GOLDEN GATE will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1.2 Ao The property is an approved and improved PUD with gasoline station and convenience store uses as originally approved in Ordinance No. 90-108. The intensities of uses authorized under the existing zoning (PUD and RMF-12) will be decreased by the elimination of service station repair uses, elimination of an authorized third service/repair bay and conversion of the two existing bays into a small fast food restaurant, and elimination of two dwelling units and associated density on the RMF-12 lot. The project development is compatible and complementary to the surrounding land uses. Planned improvements regulations. will comply with applicable The project development will result in efficient and economical expansion of community facilities and services. SHORT TITLE This Ordinance shall be known and cited as "ASHLEY'S SERVICE STATION-GOLDEN GATE". 2.1 SECTION II PROPERTY OWNERSHIP AND GENERAL DESCRIPTION INTRODUCTION AND PURPOSE -1- 12B5 ' 2.2 It is the purpose of this Section to express the intent of the Ashley Service Stations, Inc., hereinafter referred to as the "Developer". The Developer plans to develop a gasoline station with convenience store and fast food restaurant uses on approximately one (1) acre. The subject property is located on the southwest corner of the intersection of Golden Gate Parkway and 47th Street SW. It is the purpose of this document to establish the standards and guidelines for the future development of the property along with other information required in accordance with the Collier County PUD Ordinance. LEGAL DESCRIPTION The subject property being approximately I acre, is described as: Lots 15, 16, 17, 18 and 19, Block 84, Golden Gate City, Unit 3, according to the plat thereof, in Plat Book 5, at Page 104, of the Public Records of Collier County, Florida and that portion of vacated alley lying between Lots 15, 16, 17, 18 and 19 described and recorded in O.R. Book 1583, Page 447, et seq., Official Records of Collier County, Florida and that portion of Lot 14, Block 84, Golden Gate City, Unit 3, as subject to and incorporating the easements as described in O.R. Book 1583, Page 447, et seq. 2.3 PROPERTY OWNERSHIP The subject property is currently owned by Ashley Service Stations, Inc. 2.4 GENERAL DESCRIPTION OF PROpgRTY AREA 2.5 project site. The project site is located in Section 27, Township 49 South, Range 26 East, Collier County, Florida. It is located at the southwest corner of the intersection of Golden Gate Parkway and 47th Street SW in Golden Gate City. m o ~onipg Classification. All of the property, except Lot 19 is currently zoned PUD, and Lot 19 is currently zoned RMF-12. PHYSICAL DESCRIPTION;, -2- 12B5 The site is flat, well-drained and contains cabbage palms and palmetto bush as vegetative cover. 3.1 INTRQDUCTION 3.2 SECTION III PROJECT DEVELOPMENT REGULATIONS It is the Developer's intention to develop the site as a gasoline station with sales of convenience items, fast food restaurant and administrative offices. GENERAL INFORMATION Requlation$. Regulations for development of ASHLEY'S SERVICE STATION-GOLDEN GATE shall be in accordance with the contents of this document, PUD and other applicable sections and parts of the Collier County Zoning Ordinance in effect at the time of building permit application. Definitio.~S. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance in effect at the time of building permit application. C 0 Condi~ioD$ and Restrictions. Ail conditions imposed and all graphic material presented depicting restrictions for the development of ASHLEY'S SERVICE STATION-GOLDEN GATE shall become part of the regulations which govern the manner in which the PUD site may be developed. 3.3 PROJECT PLAN 3.4 ao Project Master Plan. The project Master Plan, including layout of the main building and accessory structures on site is illustrated graphically by Exhibit "A", "ASHLEY'S SERVICE STATION-GOLDEN GATE Master Development Plan" The configuration of the site is illustrated by Exhibit L~nd Use. The intended land use and types of coverage onsite including impervious, landscaping, open space, parking, attendant information and the arrangement of the above elements is shown on Exhibit "A", PUD Master Plan. EASEMENTS FOR UTILITIES Easements shall be provided for electric, water, telephone and other utilities as identified. -3- All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 3.5 PRO T P V R TS When site plan approval is required by this document, the following procedure shall be followed: Request ~or Site Plan Approval. This PUD ordinance applies for rezoning purposes only. A written request for site plan approval shall be submitted to the Planning and Zoning Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off- street loading areas; yards and other open spaces. Plans showing proposed locations for utilities hook-up. 3. Plans for screening and buffering. 4. Plans for proposed signs and lighting. Fees. A fee consistent with the current fee schedule for Conceptual Site Development Plan approval shall accompany the application. C 0 Construction of Sidewalk. The Developer has constructed a sidewalk on the east side of 47th Street, S.W. from Golden Gate Parkway to 25th Place. Developer shall not be required to relocate utilities as part of the construction of the sidewalk. D 0 Review (SDP), Easement. At the time of Site Development ~ the Developer shall provide a sidewalk easement along the east side of the Developer's property to allow for construction of a future sidewalk. 3.6 SIGNS -4- 12B5 ' All signs shall be in accordance with the Collier County Ordinance regulating signage in effect at the time of building permit application. 3.7 LANDSCAPING FOR OFF-STREET PARKING AREAS 4.1 4.2 4.3 4.4 Ail landscaping shall be in accordance with the Collier County Ordinance regulating landscaping for off-street parking in effect at the time of building permit application. SECTION IV LAND USE REGULATIONS PURPOSE The purpose of this Section is to set forth the regulations which shall apply to the ASHLEY'S SERVICE STATION-GOLDEN GATE. GENERAL DESCRIPTION The entire site shall be developed as a service gasoline station with a mini-mart, with sales of convenience items, administrative office, service bays, a canopy area with gas pumps underneath and an area for water and air amenities. P~MiTTED uSES AND STRU~TVRES A. Permitted Principal Uses and Structures: 1. Gasoline station without repairs. 2. Administrative office. 3. Convenience Store o Mini-Mart 4. Fast Food Restaurant. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures, including gas pumps, canopies, air and water facility, and drive through facility for fast food restaurant. 2. Signs. ACCgSSQRY STRUCTURES Accessory structures will be constructed simultaneously with the principal structure. -5- 12B5 ' ' 4.5 DEVELOPMENT STANDARDS Lot $i~¢ - Minimum EiqhCeen Thgusand (18,000) Square Feet: Minimum Frontage: An automobile service station shall not be located on a lot with less than one hundred fifty (150) feet frontage on a dedicated street or highway. 2. Minimum Depth: One hundred twenty (120) feet. B. MiDimum Yards: 1. Principal Structure Front yard setback - 39 feet. Side yard setback 44 feet. Rear yard setback N/A. 2. Canoov Front yard setback - 31 feet. Side yard setback 7 feet. Rear yard setback N/A. C. Other E~¢meD~s: S~gra~e Tanks: below grade. Storage tanks shall be located ~ightinq: All lights and lighting for the automobile service station shall be designated and arranged so that no source of light shall be visible from any residential district. No part of any light structure shall protrude beyond property lines. Location of $Cructures, Pumps, etc: The gasoline pumps and pump island shall be located no closer than thirty (30) feet to the street property lines and shall be located no closer than twenty-three (23) feet to any side property line. Free standing vents are not permitted. Fence Requirements: A wall of solid decorative material five (5) feet in height or a wall of landscaping shall be provided and properly maintained where the station abuts a residential lot. All outside trash areas shall be enclosed on all sides by a five (5) foot high decorative fence -6- o 10. or wall which shall conform to all fence setback regulations. All walls and buildings shall be protected by a barrier to prevent vehicles from contacting the wall. 0ut$~de Display of products: Petroleum products in cans and windshield wiper blades may be displayed outside the service station building in the standard racks provided for such display, provided such racks shall not be placed closer to a street line than the pump island. There shall be no outside display or stacking of other merchandise. Trash Facilities: Adequate, completely enclosed trash storage facilities shall be provided on the site. vehicle Sales: There shall be no vehicle sales conducted on the premises. DraiDaqe: The entire project, excluding the area occupied by a building, shall be properly drained and hard surfaced with concrete or plant-mixed bituminous material, except for the required landscaped areas and Lot 19. Parkinq Areas: Parking areas will conform to the provisions of the Zoning Ordinance. Landscaping: A minimum of twenty (20%) percent of the lot area shall be landscaped, with a minimum of three (3%) percent landscaped per lot side. SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of ASHLEY'S SERVICE STATION- GOLDEN GATE. 5.2 GENERAL Ail facilities shall be constructed in strict accordance with approved Final Site Development Plans, and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications cf the current official County Land Development Code shall apply to this project. The Developer, his -7- 12B5 · successor and assigns shall be responsible for the commitments outlined in the 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 the rezoning of the property. In addition the Developer will agree to convey to any successor or assignee in title any commitments within this agreement. The entity responsible for maintenance of surface water management system, utilities on site and proposed access easement to the alley shall be identified prior to Site Development Plan approval. 5.3 PUD MASTER PLAIN Site Alterations. Exhibit "A", ASHLEY'S SERVICE STATION- GOLDEN GATE PUD MASTER PLAN illustrates the proposed development. Changes and amendments to the Master Plan shall be made in accordance with the Collier County Land Development Code as may be amended subsequent to the adoption of the subject PUD. Easements and Dedications. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 T..R~. SPORT~Ti0N /%N.. D ~NGIN~RING site Work. All clearing, grading, earthwork and site drainage work shall be performed in accordance with all applicable State and Local Codes. Traff$¢ Aqcess. The Developer agrees to pay for that portion of the costs of a deceleration lane, if required, and as necessitated by construction of the service station facilities. Road Impact Fees. The Developer, his successor or assigns shall be responsible for the payment of all road impact fees subject to the Ordinance provisions. Traffic ImDact Statement. A traffic impact study had been waived by Collier County Transportation Service Department as long as the Developer agrees to pay the road and impact fees associated with the project. Riqht Turn banes. The Developer shall provide a right turn lane on Golden Gate Parkway at the project entrance and the project entrance shall be right-in right-out. -8- 12 5 The entrance shall be marked by right turn arrows for right-in, right-out only and shall be divided by a traffic island. Impact Fee Credits Disallowed. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. Road Impact F¢¢~. The road impact fee shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. CQun~¥ ~iqh~-0~-Way. Work within Collier County right- of-way shall meet the requirements of Collier County right-of-way Ordinance No. 82-91. Detailed construction plans for any required improvements in the right-of-way shall be provided prior to Site Development Plan approval. Entrance Dr~¥eway Radius. At the time of Site Development Plan Review, the entrance driveway radius shall be revised per the requirements of the Collier County Transportation Department. 5.5 UTILITIES Connections to Water Facilities. Connection to the existing water facilities within 47th Street S.W. rights- of-way are required and must be completely illustrated on the site plan and supporting engineering construction drawings as to location, configuration and size. Water Supply. A letter from Florida Cities District stating that the District has reviewed and approved the water facilities construction documents for service to the project shall be submitted before Site Development Plan approval. Septic Svstem. In the final site plan and supporting engineering construction drawings and location, configuration and size of the septic system shall be illustrated. The septic system as shown shall be designed in conformance with Chapter 10D-6 of the Florida Administrative Code. Installation of septic tank is subject to the Health Department approval. Other U~ilitiCs. Telephone and electricity service is available on site and hook-ups shall be made after the alley easement relocation and concomitant relocation of those lines (if necessary) is made. -9- l B5 5.6 WATER MANAGEMENT A. Site Drainaqe. Detailed site drainage plans shall be submitted to Project Review Services for review during the SDP review process. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans in granted by the County Engineer Project Review Services Manager. B. Water Manaqemen~ Plans. A detailed water management plan and supporting calculations signed and sealed by a professional engineer shall be provided with the SDP submittal. C. ~¢view BY Pr0~ect Review Services. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. D. Subdivision Regulations. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 5.7 ENVIRONMENTAL Landscapinq with Na%ive Plants. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the Planning Services Section for its approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. A higher percentage of trees or shrubs can offset an equal percentage of use of only 50% native ground cover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. Native vegetation, specifically eighteen (18) cabbage palms that cannot be retained shall be incorporated into open space or landscaping by transplanting. -10- 12B5" Archeological and Historic Surveys. If during the course of site clearing, excavation, or other construction activities, an archeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the discovery and to determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. 2'&shley\pud. re'; -11- lP.~5 EXHIBIT "A" NapLes DilLy Hews N~Les, FL. 33940 Affidavit of Ih~Lic~tton BOARD OF COUNTY COfllqlSS[ONERS ATTN: NANCY SALOGL~ P~ BOX ~130q6 NAPLES FL 3~10q-3016 REFERENCE: 001230 800551 57590509 NOTXCE OF INTENT TO State of FLorida ¢o~nty of CoLLier Before the ~deraigr~l authority, personaLLy appeared B. Leah, v4~o o~ oath s4r/s that she metres aa the Assistant Corporate Secretary of tl~ DaiLy Ne~s, a daily newspaper pubLi~hed et in CoLLier Co~ty, FLorida: that the attached cc~y of the advertising Ms pubLt~J~od tn neuspaper on dates Listed. Affiant further ~ys that the ~atd NapLes DaiLy Na~s is s newspaper published et NapLes, in ~atd CoLLier C4x~ty, FLorida, and that the newspaper has heretofore bee~ continuously pubLIshed in ne~d CoLLier County, FLorida, eaGh ctay end has beefl efltered ms second cLean mail matter at the pont office tn NapLes, in ~aid CoLLier County, FLorida, for · period of I year next preceding the first publication of the attached c~py of advertisement; end affiant further says that she has neither paid nor promised any pertxx~, firm or coporatton discount, rebate, coamtssion or refund for the purpose of securing this advertisement for pubLtcatto~ in the said newspaper. PUBLISHED c~q: 11/09 AD SPACE: 101.000 INCH FZLEO Off: 11/10/97 Signature of Affiant / S~orn to N Subscrtb~-'d hefore ma thin /// day of ./ · £ · eer~LLy k~ by ~ · U/~/~/~. ~'? ~'~ 12B 5 ORDINANCE 97- 76 ;~4 ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ;~EA OF COLLIER COUNTY, FLORIDA, BY ~ENDING THE OFFICIAL ZONING ATLAS MAP ~Cu74BERED 9627N BY CHANGING THE ZONING CI2%SSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" AND "RMF-12" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ASHLEY'S SERVICE STATION-GOLDEN GATE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY, IN SECTION 27, TOWNSHIP 49 SOUTH, R~_NGE 26 E~.gT, COLLIER COUNTY, FLORIDA, CONSiSTiNG OF 1 ACRE, MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE N~4BER 90-108, AS A~4ENDED, THE FOR~ER ASHLEY'S SERVICE STATION-GOLDEN GATE PUD; ;{ND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Ashley Service Station, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOAAD OF COUNTY COM}4ISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 27, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" and "RMF-12" 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 ~4ap numbered 9627N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Nu~ber 90-108, as amended, known as the Ashley's Service Station-Golden Gate PUD, adopted on Decen%ber 18, 1990 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 5 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED A}~D DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~/day of ~/~ .... ~_~, 1997 ATTEST: ,' ' I~IGI'tT' Z.' BROCK( Clerk ApprOV, ed. a~ .to F6rm and Legal ~f fi. clench' ' - MarJ~brie M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T fMOT~HY /L .- HANCOCK,- Chairman / f/PUD-90-32 ¢ 1] O~.D 1 ~AtlCK 5 STATE OF FLORIDA) COUNTY OF COLLIER) I, I)WIGHT 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. 97-76 Which was adopted by the Board of County Commissioners on the 25th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County COmmissioners of Collier County, Florida, this 26th day of November, 1997. DWIGHT E. BROCK ' Clerk of Courts and Cierk Ex-officio to Board 0.f County Commissione[~ . By: Maureen Keny~)n ', '... Deputy Clerk -. · ' " 128 5 ASHLEY'S SERVICE STATION-GOLD~ GATE A PLANNED UNIT DEVELOPMENT ORIGINALLY APPROVED DF_X3~~. 1990 S UBMTr'rED BY: YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FLORIDA 34108 (94I) .597-2814 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC 11/25/97 ORDINANCE NUMBER 97-76 12B 5 SECTION I SECTION II SECTION III SECTION IV SECTION V STATEMENT OF COMPLIANCE .................... I COMPLIANCE STATEMENT SHORT TITLE PROPERTY OWNERSHIP AND GENERAL DESCRIPTION · · . I INTRODUCTION AND PURPOSE ................... 1 LEGAL DF3CRIFI1ON .......................... 2 PROPERTY OWNERSHIP ......................... 2 GF_.NERAL DF3CRIFTION OF PROPERTY AREA ......... 2 PHYSICAL DESCRIFrION ........................ 2 PROJF. L-Tr DEVELOPMENT REGULATIONS ............. 3 INTRODUCTION PROIF, CT PLAH EASEMENTS FOR UTILITIES ...................... 3 PROIECr PLAN APPROVAL REQUIREMENTS .......... 4 SIGNS t_:,~DSC~o ~'o~ o~.Fri&~ i'Z'&i~6 ;,h~' .'.'.'.' .' .' 4 4 LAND USE REGULATIONS DEVELOPMENT COMMITMENTS ................... 7 PURPOSE GENERAL ~s~O~TA~OS ^~ UTILITIES 9 ~vmo~T~L EX/IIBIT A Planned Unit Development Master Plan 12B 5 1.1 SECHON I STATEMENT OF COMPLIANCE COMPLIANCE STATEMENT The development of.'xpproxim~tely one (1) acre site in Golden Gate City, Collier County, as a Planned Unit Devel~ to be known-as ASHLEY'S SERVICE STATION- GOLDEN GATE will be in compl~ with the planning goals and objectives of Collier County a.s set forth in its CoUier County Comprehensive Plan and Golden Gate Area Master Plan. The cotmnexcifl development of ASHLEY'S SERVICE STATION- GOLDEN GATE will be comistent with the growth policies, land development regulations, and applicable cotnprehemive pluming objectives for the following reasons: Co E° The property is an approved and improved PUD with gasoline station and convenience store uses as originally approved in Ordinance No. 90-108. The PUD is desig~_!_,~_ ts Activity Center in the Golden Gate Area Master Plan which permits the full array of commercial uses. The drainfield use on Lot 19 i~ an '~ service' that is allowed in any zoning district. The employee i:~'king proposed on Lot 19 is allowable under tim existing RMF-12 zoning through approval of an off-site parking agreement. Additionally, Lot 19 meets the Commercial Under Criteria requirements for C-IT zoning which allows parking lots as a permitted use. The intensities of uses autl~rtzed under the existing zoning (PUD and RMF-12) will be decreased by the elimination of service station repair uses. elimination of an authorized third service/repair bay and conversion of the two existing bays into a small fast food restaurant, and elimination of two dwelling units and associated density on the RMF-12 lot. The project development is compatible and complementary to the surrounding land uses. Planned improvements will comply with applicable regulations. The project development will result in efficient and economical expansion of community facilities and services. 12B 5 1.2 This Ordinance shall be GOLDEN GATE' known and cited as 'AStILEY'S SERVICE STATION- 2.1 2.2 SECTION II PROPERTY OWNERSHIP AND GENERAL DESC~PTION INTRODUCTION AND PURPOSE It is the purpose of this Section to express the intent of tl~ Ashley Servic.¢ Stations, Inc., hereinafter refereed to as the 'Developer'. The Dgveloper plans to incorporate a fast food reataurant within tl~ egigtillg ga$oli~ s~ation/e, oaveniemce store building on approximately one (I) acre. The mbject property is located on the southwest comer of the intersection of Golden Gate Parkway and 47th Street SW. It is the purpose of this document to establish the stmxlar~ and guidelines for the furore developmem of the property along with other inform,uion required in accordance with the Collier County PUD Ordinance. LEGAL DESCRIPTION The subject propeny being approximately I acre, is described as: Lots 15, 16, 17. 18 and 19, Block 84. Golden Gate City. Unit 3, according to the pht thereof, in Plat Book 5, at Page 104. of the Public Records of Collier Co~;nty, Florida and that portion of vacated alley lying between Lots 15, 16, 17, 18 and 19 described and recorded in O.R. Book 1:583, Page 447, et seq., Official ReeortLs of Collier County, Florida and that portiotl of Lot 14, Block 84. Gold~ Gate City, Unit 3, as rabjoct to and incorporating the easement$ as described in O.R. Book 1583. Page 447, et req. 2.3 2.4 PROPERTY OWNERSttlp The subject property is currently owned by Ashley Service Stations, Inc. GENERAL DESCRIPTION OF PROPF~ 12B 2.5 3.1 3.2 3.3 ao ~. The project site is Iocatr. xl in Section 27, Township 49 South, Range 26 East. Collier County, Florida. It is located at the southwest corner of thc intersection of Golden Gate Parkway and 47th Street SW in Golden Gate City. Z. oninl Classification, All of the property, except Lot 19 is currently zoned PUD, and Lot 19 is currently zoned RMF-12. PHYSICAL DESCRIPTION: Except for Lot 19, which is largely cleared the property is improved with structures as depicted in Exhibit 'A', PUD Master Plan. S .F.L-"FION III PRO/ECT DEVELOPMENT REGULATIONS INTRODUCTION It is the Developer's intention to develop the site as a gasoline station with sales of convenience items, fast food restaurant and administrative offices. GENERAL INFORMATION Ao ~R_.c. gglalig~. Regulations for development of ASIILEY'S SERVICE STATION- GOLDEN GATE shall he in accordance with the contents of this document. PUD and other applicable r, ections and parts of the Collier County Land Development Code in effect at the time of building permit application. Bo ~. Unies$ otlm'wise noted, the definitions of all terms shall be the same as the def'mitiolu set forth in the Collier County Land Development Code in effect at the time of building permit application. C~'md Restrictiolu_. All conditions imposed and all graphic material presented depicting restrictions for the development of AStlLEY'S SERVICE STATION-GOLDEN GATE shall become part of the regulations which govern the manner in which the PUD site may be developed. PROJECT PLAN Ao Project Master Plan. The project Master Plan, including layout of the main building and accessory structures on site is illustrated graphically by Exhibit 'A'. 'ASIILEY'S SERVICE STATION-GOLDEN GATE Master Development Plan". The configuration of the site is illustrated by Exhibit 'A'. ? La~ U~. The existing and intended land uses and types of coverage onsite including impervious, landscaping, open space, parking, attendant information and the arrangement of the above elements is shown on Exhibit "A", PUD Master Plan. 3.4 EASEMENTS FOR UTILITIES Easements have been provided for electric, water, telephone and other utilities. 3.5 PRQJ'F_.CT PLAN APPI~OVAL REQUIREMENTS When site plan approval is required by this document, the following procedure shall be followed: _Request for Site Plan Amnoval. This PUD ordinance applies for rezoning ~ only. A written reqtle~ for site plan approval shall be submitted to the Planning Services Manager for approval. The request shall include materials necessary to demomtrate that the approval of the site plan will be in harmony with the general intent and putlxne of this document. Such material may include, but is not limited to the following, where applicable: Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking and off-street loading areas; yards and other open spaces. 2. Plans showing p~ locations for utilities hook-up, 3. Plans for screening and buffering, 4, Pla~ for proposed signs and lighting. l~_.e.~, A fee consistent with the current fee schedule for Conceptual Site Development Plan approval shall accompany the application. Co Construction of Sidewalk. The Developer has constructed a sidewalk on thc cast side of 47th Street, S.W. from Golden Gate Parkway to 25th Place. Do 'Easement. The Developer has previously provided a sidewalk easement along the east side of the Developer's property to allow for construction of a future sidewalk. 12B 5 3.6 3.7 4.1 4.2 4.3 SIGNS Ali signs shall be in g:c.o~ with the Collier County Ordinance regulating signage in effect at the time of building permit application. LANDSCAPING FOR OFF-S-~I' PARKING AEEAS All landsc~ing shall be in acco~ with rig Collier County Ordinance regulating landscaping for off-grt~ parking tn effect at the time of building permit application. SECTION IV LAND USE REG~TIONS The purpose of this Section is to set forth the rg~ff~om which shall apply to the ASHLEY'S SERVICE STATION-GOLDEN GATE. GENERAL DESCRWTION The entice site shall be developed as a service gasoline station with a mini-mart, with sales of convenience items, administrative office, service bays, a canopy area with gas pumps underneath and an area for water and air amenities. PERMITTED USES AND STRUCTURES A. Permitted Principal Uses and Structures: 1. Gasoline station without repairs. 2. Administrative office. 3. Convenience Store - Mini-Mart 4. Fast Food Restaurant. B. Permitted Accessory Uses ~d Structures: 1. Customary accessory uses and structures, including gas pumps, canopies, air and water facility, and drive through facility for fast food restaurant. 2. Sig~. 12B 4.4 4.5 A.C.C.F~S 0 R Y STRUCTURe5 Accessory structures will be comtructed simultaneously with the principal structure. DEVELOPMENT ,STANDARDS A. I./~t Size - Minimum Eiizhtecn Thousand (18.000) Souar¢ Feel: Minimum Frontage: An automobile service station shall not be located on a lot with less than one hundred fifty (150) feet frontage on a dedicated street or highway. 2. Minimum Depth: One hundred twenty (120) feet. 1. Princit~al Structur~ ao Front yard setback - 39 feet. Side yard setback - 44 feet. Rear yard setback - N/A. 2. .Ctnop~ Front yard setback - 31 feet. Side yard setback. 7 feet. Rear yard setback - N/A. 1. ,5~: Storage tanks shall be located below grade. LiglllJlig: All lights and lighting for the automobile service station shall be designated and arranged so that no source of light shall be visible from any residential district. No part of any light structure shall protrude beyond property lines. ~qtructure$. Pum~. ere: The gasolir~ pumps and pump island shall be located no closer than thirty (30) feet to the street property lines and shall be located no closer than twenty-three (23) feet to any side property line. Free standing vents are not permitted. 6 12B 5 o 10. -~nce Requircmcnf~: All outside trash areas shall be enclosed on all sides by a five (5) foot high decorative fence or wall which shall conform to all fence setback regulations. All walls and buildings shall be protected by a barrier to prevent, vehicles from contacting thc wall. Oukside Disola¥ of Pr~ucts: Petroleum products in cans and windshield wiper blades may be displayed outside the service station building in the standard racks provided for such display, provided such racks shall not be placed closer to a street line than the pump island. There shall be no outside display or stacking of other merchandise. ~,s.~~: Adequate, completely enclosed trash storage facilities shall be provided on the si~:. ~le a_~5_~.l: Them shall be no vehicle sales conducted on the premises. DJ:iti1~l~: The entire project, excluding the area occupied by a building, shall be properly drained and hard surfaced with concrete or plant-mixed bituminous material, except for the required landscaped areas and Lot 19. ~_e Areas: Parking areas will conform to the provisions of the Collier County land Development Code. L~.i~w~.illg: Landscaping and buffering shall comply with the landscaping and buffering requirements of the Collier County Land Development Code, except that due to existing conditions, a six (6) foot landseape buffer shall be provided adjacent to Lot 14. 5.1 5.2 SECTION V DEVELOPMENT COMMITMENTS I'URI'OSg The purpose of this ,%ction is to set forth the development commitments for the development of ASItLEY'S SERVICE STATION-GOLDEN GATE. OENERAI~ All facilities shall be constructed in strict accordance with approved Final Site Development Plans, and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Land Development Code shall apply to this project. The $.3 5.4 Developer, his successor and assigns shall be responsible for the commitments outlined in the doc~n"gnl. The Developer, his ~ or assignee agrees to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be a_greed__ to in the rezo~ing of the property. In addition any successor or assignee in title is subject to any commitments within this agreement. The entity respomible for maintenance of the surface water management system, utilities on site and proposed access easement to the alley shall be identified prior to Site Development Plan Ipproval. PUD MA~TER PLAN i~. Exhibit 'A", ASHLEY'S SERVICE STATION-GOLDEN GATE PUD MASTER PLAN illustrates the proposed development. Changes and ~nendmem. s to the Master Plan shall be mad~ in accordance with the Collier County Land Development Code a.s may be amended subsequent to ~ adoption of the subject PUD. ~$emenks ~md Dedications. All necessary easemgms, dedications, or other instruaz'~ hav~ been grained m insure the contimsed operation and maintenance of all ~ervic.~ utilities and all common areas in the project. TRANSPORTATION AND ENGINEERING Site Work. All clearing, grading, earthwork and site drainage work shall be performed in accordance with all applicable State and Local Codes. Bo T,2~[l'_.lC,_~,=i~. 'Ihe Developer agrees to pay for that portion of the costs of a deceleration lane, if required, and as necessitated by construction of the $ervic~ station facilities. Road lmDi~g:~ F~e~. TI~ Developer, his suex. essor or assigns shall be responsible for the payment of all road impact fees subject to the Ordinan~ provisions. Do Traffic lm_t~ct Statement. A traffic impact study had been waived by Collier County Trartsportation Service Department as long as the Developer agrees to pay the road and impact fees as$o~isted with the project. Ri~.ht Turn Lanes. The Developer shall provide a right mm lane on Golden Gate Parkway at the project entrance and the project entrance shall be fight-in right- o~t. The entrance shall be masked by fight mm arrows for fight-in, fight-out only and shall be divided by a traffic island. 12B 5 5.5 5.6 ll:~vact Fcc C;cdit~ Disallowed. Access improvements shall not be subject impact fee credits and shall be in place before any certificates of occupancy are issued. Go Road lmvact Fees. The road impact fee shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. It. County Rizht-Of-Way. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance No. 82-91. Detailed construction plans for any required improvements in the right-of-way shall be provided prior to Site Development Plan approval. Ap Connections to Water Facilities. Connection to the existing water facilities within 47th Street S.W. rights-of-way has been completed. Septic Svsterrl. In thc final site plan and supporting engineering construction drawings and location, configuration and size of the septic system shall be illustrated. The septic system as shown shall be designed in conformance with Chapter 10D-6 of the Florida Administrative Code. Installation of septic tank is subject to the ttcalth Department approval. Co Other Utilities. Telephone and electricity service is available on site and hook up las been completed. ~ATER MANAGEMENT Ao Site Draigag~:. Detailed site drainage plans shall be submitted to Engineering Review Services for review during the SDP review process. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. Water Management Plans. A detailed water management plan and supporting calculations signed and sealed by a professional engineer shall be provided with the SDP submittal. Review By Project _Review Servicc:s. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 9 12B 5 5.? Do Subdivision R¢~lations. Design and construction of all improvcmcnts shall be subject to compliance with the appropriate provisions of thc Collier County Land Dcvelopmcr~ Co(lc. I~NVIRONMENTAL Ao Landscaping. Landscaping requirements shall b~ in accord with Section.4.5 C 10 of the PUD. Thc cabbage palms existing adjacent to Golden Gate Parkway will be relocated and transplanted elsewhere within thc property. Archcological and Historic Surveys. If during the course of site clearing. excavation, or other construction activities, an archeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Planning Services Department notified. Development will be suspended for a sufficient length of time to enable the Planning Services Department or a designated consultant to assess the discovery and to determine thc proper course of action in regard to its salvageability. The Planning Services Department will re$i~nd to any such notification in a timely and cfficienl manner so as to provide only a minimal interruption to any construction activity. 10 ,t. 12B EXHIBIT COLLIER COUNTY Ft.O~I}A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HF. ARINGS To: Clerk to the Board: PlenJe place the following a~ a: Originating ~ Div. Caeun. D~.Serv~nnin$ D-ale: Petition No. (lf none, gi~ boer de~): ~ Petitioner. (Name & A~lte~): Hart/Hub,~. Office Of Caoital Pmi¢o~ ManatememL 3301 E. Tamiami Trail. lqaotes. FloOd3 Name & ^ddreta of am/pexson($) m be no(ified re/Clerk'~ Office: (If more ~ace is needed, attach separae she~) Harr~ Heanng befo~c XXX Bec BZA ~ lhcaring d~t~: No.,cml~ 25. I~ Ba~d on ~ts~rtisemem appe~n$15 d,~ys before he, wing N~',q~r(s) to be usod: (Compleu: only tf impo~m): XXX Naptes Daily News O~bet [-l Legally Required Proposed Text: (Includ~ lcpl descnlx~on & o~nmo~ location & Size.. F~tilion CCSL-9?-3. Flurry Huber. from th~ Ofl'Kx: o( Pro_'~gts M~nn~fi-,~rd. R,~,,~.i~..'inf the Collier C__om~' L:~_nt of C_t=,-_tv Commi~iooer~ r~n._~'~___~ a Varianc~ from ~ Cornel Cor~r,~ion S~__h~:k__ lane {CCSL) to allow for n~imena~:~ d~t_ ~tns o1' Wi,~,tr~ Pass and to OiaC~ bench com~tible mod on 1;~,~:h at L~N Dar,cfoc,~ I~¢h / Ddf~ Wlf~n~ Pass ~,~," ~ion Comlxmion pelition(s), it' aw/& ~ he~nf da~: Docs Pctilion Fee include adxm-tising con9 1'-'] Yes [~ No If Yes. wi'at account should be charged for advertising co~' 113-139323-649110 tL~'iew~ by: Appr~'cd b~: Division lic~l Da~c Coun~ Manager Dale l. isl Attachment~,: DISTRIBUTION INSTRUCTIONS For hearin~ before BCC or BZA: Initiating person to complete one coy and obtain Division llead approval before mbmltting to Co*Jnty Manager. Nme: If lepl document Ls involved, be surt that any necessary ~ ~, os' ~ for same, is mbmitted to Coenty Attorney before submitting to County Mnnager. The Manak, er's ofl"~ce will dLstribute copies: [] County Manager agtndn file: to Clerk's Off~ l'"l P, zquestlng DIHdon F'] Original B. Od~ hcanng~: lnilimmg Division he~d to al~rov¢ and submit on,hal to CAcxk's Office, retaining a copy fo~ fil~. FOR CLERK'S OFFICE USE ONLY: iliilliilllliililillllliliililllilllililllililillllllililllilli Iii11111111111111111111111111111111111111111ii11111111111111111 z,xz ~, (8~) .4-84o8 , 'xq3x:mz'uoz (8~) 77&-8~06 10-14 10-15 10-15 13:12 15:14 15:]9 15:42 (~"01'17 00' 02' 43 12Cl October 15, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CCSL-97-3 Dear Judi: Please advertise the above referenced notice one time on Sunday, November 9, 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 ~704259 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAYt ~ 25, 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 CCSL-97-3, Harry Huber, from the Office of Capital Projects Management, representing the Collier County Board of County Commissioners, requesting a variance from the Coastal Construction Setback Line (CCSL) to allow for maintenance dredging of Wiggins Pass and to place beach compatible sand on the beach at Lely Barefoot Beach and Delnor Wiggins Pass State Recreation ~reas. 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 COUNT~ COMMISSIONERS COLLIER COUNTY, FLORIDA TINOTHY L. HFdgCOCK, C}{AIRMAN D~IGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) October 15, 1997 Mr. Harry Huber Office of Capital Projects Manaqement 3301 East Tamiami Trail Naples, FL 34112 Re: Public Hearing to Consider Petition CCSL-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 ~LUTION NO.97- RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-97-3, REQLrESTING A VAR.IANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW FOR MAINTENA.NCE DREDGING OF ~AClGGINS PASS AND FOR THE PLACEMENT OF BEACH COMPATIBLE SA~ND ON THE BEACH AT LELY BAREFOOT BEACH AND DELNOR W'IGGINS PASS STATE RECREATION AREAS WHEREAS, Iiarry tlubo', from the Collier County Office of Capital Projects Managermmt. repre~nting the Collier County Board of County Corntmssiox,,e~, requests a variance from the Coastal Construction Seiback Line (CCSL) as requited by Collier County Ordinance No. 91-102. Division 3.13. as amended to allow for maintenance dredging of Wiggins Pas~ and to place beach compatible sand. obtained from maintenance dredging, on the beach at Lely Barefoot Beach and Delnor Wiggins Pass State Recreation Areas seaward of the CCSL; and WHEREAS. dredging of the channel for Wiggins Pass will extend up to approximately fif'te~n hundred (I 500} feet gaward of the adopted CCSL; and WHEREAS. sand deposited em the beach Wql extend up to approximately five hundred {500) feet seaward of the adopted CCSL; and WIIEREAS. the p~tion is coraistent with thc Collier County Land Development Code, Division 3.13, as amended; aM W3{EREAS, the petition ts consistent with the Collier County Growth Managemenl Plan - Conser-,.,~tJon and Coastal Management Element. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COU'NTY COMMISSIONERS OF COLLIER COU.'NTY, FI.OP. JDA, that: Variance Petition CCSL-97-3 be approved, sub)cci to the follo~, mg condmons: All propo,~d improvements shall be designed m accordance with the standa:da of the Flcnida Dt'pa~t of Env.onmental Protetnion [FDEP). Division of Beaches and Shores. and an approved FDEP permit shall be obtained, and copies provided, prior to the start of construction. ('onsm~cnon acnvmes shall not occur within one hundred (100) feet of thc sea turtle nesting zone. defined by C/oilier County Land Development Code, Division 3.10, between May I - October 31, sea turtle ne~tmg season, wsthou! fu~t subrmttmg and obtaining FDEP and Collier County Construcnon m ?~a Tunic Nesting Area perrmts. If il is necesaary for vehicles to be on the beach during comtructioo, a Collier County Vehicle on the [?,each Pernut a~all be requ:red' mbject to review and approval by Current Plarmmg Envu'o~tal Staff. Vehicle on the Beach pernuts will not be issued during ~a turtle nesting season po' Collier County Land Development Code Srction 3.14.6. 4. In the event ,'~'ok-'cted species, burrows or nests are encountered during constructt, on. work shall cease, and Current Planning Envitorm~emal Staffshall be contacted immedia~ly. §. Pctinoner shall notify Cuncnt Phtrmmg Envtrorm~ntal Staff one week prior to conm-.encmg work seaward of the CCSL and shall again contact Staff within one week following compk, tmn of work seaward of the CCSL. Petitioner shall utilize onJy native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Co~trucnon Contxol Lmm. ?. ~ir~r revi~.iom to Co~tal Co~Iruction S~tback Line Variance CCSL-97-3 ma), be approvccL in w-r~rm$, by the l',lanmn$ S~rvices Directo~ or his'ho' designee. This Resolution adopied after motion, s~cond a~d majority vote favonng same. DONE AND ORDERED this day of .. ,1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGIIT E. BROCK. Clerk TIMOTHY L. HANCOCK, Chatrman Approved ~s to Form a.m:l legal As~istan! Coun~ Attorney ccs1-97.3 RESOLUTION 12Cl ~"l ATT'N; RA~¢Y ~ f~ BOX 41~716 ~t~LE( FL ~101-3016 RESOLUTION NO.97- 446 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-97-3, REQUESTING A VARIANCE FROM TIlE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW FOR MAINTENANCE DREDGING OF WIGGINS PASS AND FOR THE PLACEMENT OF BEACH COMPATIBLE SAND ON THE BEACH AT LELY BAREFOOT BEACH AND DELNOR WIGGINS PASS STATE RECREATION AREAS WHEREAS, llarry Huber, from the Collier County Office of Capital Projects Management. representing the Collier County Board of County Commissioners, requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County Ordinance No. 91-102. Division 3.13. as amended to allow for maintenance dredging of Wiggins Pass and to place beach compatible sand, obtained from maintenance dredging, on the beach at Lely Barefoot Beach and Delnor Wiggins Pass Stale Recreation Areas seaward of the CCSL; and WHEREAS, dredging of the channel for Wiggins Pass will extend up to approximately fifteen hundred { 1500) feet seaward of the adopted CCSL; and WHEREAS, sand deposited on the beach will extend up to approximately five hundred (500) feet seaward of the adopted CCSL; and WHEREAS, the petition is consistent with the Collier County Land Development Code. Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Gro,,vah Management Plan - Conservation and Coastal Management Element. NOW, T}tEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF C'OLLIER COUNTY, FI.ORIDA, that: Variance Petition CCSL-97-3 be approved, subject to the following condition*.: All proposed improvements shall be designed in accordance with the standards of thc Florida Department of Environmental Protection (FT)EP), Division of Beaches and Shores. and an approved FDEP permit shall be obtained, and copies provided, prior to the start of construction. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone. defined by Collier County [.and Development Code, Division 3.10, between May I - October 3 I. sea tt,rtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. If it is necessary for vehicles to be on the beach during construction, a Collier County Vehicle on the Beach Permi! shall be required, subject to review and approval by Current Planning Environmental Staff. Vehicle on the Beach Permits will not be issued during sea turtle nesting season per Collier County I.and Development Code Section 3.14.6. In the event protected species, burrows or nests are encountered dunng construction, v,'ork shall cease. and Current Planning Environmental Staff shall be contacted immediately. Petitioner shall notify Current Planning Environmental Staff one weck prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completInn of work seaward of thc CCSL. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. --;-= ...... ~ I£Jllllll ..... III IIII I IIIII ........ IIIII - '111 ..... -1 7. Minor revi~tiom to Co~tal Co~tn~ion S~tback Line Variance CCSL-97-3 may be approved, in writing, by the Planning Service~ Director or his&er designee. This Remlution adopted after motion, second and rmjority vote favoring ~ame. DONE AND ORDERED this ..-.,) .3'-" · ATTEST:' DW1GtlT E. BRC~, ' A~oved ~ to Fora ~ A~is~ant C~n~ BOARD OF COUNTY COMMISSIONERS ccfl-97.3 RESOLUTION COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to tl~ Bozrd: PIe~.~ plzce thc folkmtng ~u a: lh:titiono~. 04amc & Addrt~): Failh Communi~ Chinch. 3000 lm~l~ R~_ Suite 2. Naol~. H0fiO ~4 J 10 N~ & ~ of~ ~s) to ~ ~ ~ ~'s ~: ~ ~ is ~. a~h ~lc s~t) ~ff~ Q, ~. ~ A~aI~ I~,. 44~ ~ni~ ~h R~. Unit 9. ~i~ S~n~ ~ 34134 Htarin8 bef'o~ BCC X~CX BZA Otho' N~I) lo ~ ~: (Compile ~y if im~nO: ~ Nap~ Daily Nc~ ~r ~ ~lly ~ui~ P~ T~: (l~l~ le~l ~n~ion ~ ~m~n l~tion & S~: P~lilion No. ~-~-23. ~ffr~ G, ~. ~nlin~ Faith ~nitY ~u~h. r~in~ Co~Jtio~i U~ '1' oft~ "~ E~,~ ~nine d~ for a chu~h, for or~ ~ at 22~ A~ N.S. a~ ~~!~rd. in ~ion 29. T~hio 48 ~th. ~n~ 26 E~_ Colli~ C~n~. ~ofi~. ~ine ~4.~ Companion petition(s), if any & proposed be~n8 dale: Does PetitJon Fec include advcrtising cog? ["'J Yes ~/No If Yes, weal account sJxxdd be charlP~ for advertising cosu: 113-138323-6491 I0 DivLsion Ht~ad Li~ Auachn~nts: Date Courtly Manager DISTRIBUTION INSTRUCTIONS Da~c For hearings before BCC or BZA: lnltlatlnI per,on lo complete one coy and obtain Dim4sion llead approval before submitting to County Manager. Note: If legal document Is involved, be lure that any necetsar7 legnl rt~t,.w, or reqne~t for same, is submitted to County Attorney Ix'fore submitting to County Manater. The Manager's of'f~ce wilt dl.~ribute copies: [] Counly Manager agtnda f31e: to C~rk's Office [] Requesling Division [] Orlgin ~i B. Ot~r hcanngs: Initiating Division head m approve and ~bmil original 1o C]crk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE: ONLY: Date Pu:c~ved: Date ~ Public hearing: Date AdvtnJsed: .......... I - 111 IIIIII ....................... - ............................... (i. ncl~ ~ lllllllililllilililililllililililliililil:lllllliillllilllillli ~LLI~ ~ - ~ & aZCOaDS r.,oca~o~ co~t.r count-y, ~ lJ6a (81.3) 77&-8408 October 29, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition CU-97-23 Dear Judi: Please advertise the above referenced notice one time on Sunday, November 9, 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, NOVEMBER 25, 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-97-23, Geoffrey G. Purse, representing Faith Community Church, recfuesting Conditional Use "1' of the 'E' Estates zoning district for a church, for property located at 22nd Avenue N.W. and Oaks Boulevard, Tract 15, Golden Gate Estates Unit 97, less the east 300 feet and Tract 16, Golden Gate Estates Unit 97, less the east 600 feet, in Section 29, Township 48 South, Range 26 East, as recorded in Plat Book 7, Pages 95-96, of the Public Records of 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 29, 1997 Faith Community Church 3000 Immokalee Road, Suite 2 ~]aples, Florida 34110 Re: Notice of Public Hearing to consider a Petition CU-97-23 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on ~aesday, 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, Sue Barbiretti, Deputy Clerk Encl. cc: Geoffrey G. Purse October 29, 1997 Geoffrey G. Purse Purse Associates, Inc. 4450 Bonita Beach Road, Unit 9 Bonita Springs, FL 34134 Re: Notice of Public Hearing to consider a Petition CU-97-23 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Comnlissioners 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, Sue Barbiretti, Deputy Clerk Encl. cc: Faith Community Church RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTIO~I 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 2~ EAST, COLLIER COUNTY, ELORIDA. 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 "1" of Section 2.2.3.3 in an "E" Estates zone for a church 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 Geoffrey G. Purse of Purse Associates, Inc. representing Faith Community Church with respect to the property hereinafter described as: Tract 15, Golden Gate Estates Unit 97, less the east 300 feet and Tract 16, Golden Gate Estates Unit 97, less the east 600 feet, as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use ~'1" of Section 2.2.3.3 of the "E" Estates zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: The Planning & Technical 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). All applicable provisions of the Land Development Code in effect at the time of submission of final Site Development Plans shall apply. Arterial level street lighting shall be required at the time of issuance of the first certificate of occupancy at established project entrances. Whenever a parking lot is established opposite a lot line contiguous to an "E" Estates zoning district a decorative concrete block wall or pre-manufactured masonry fence/wall shall be constructed at a height of six (6) feet above the established finished grade of the parking lot. Said wall shall be constructed at the time any such parking lot is constructed. In the alternative a vegetative buffer of fifty (50) feet shall be retained or planted which accomplishes a one hundred (100) percent visual screen for a vertical distance of six (6) feet to be in place at the time said parking lot is permitted. No parking lot shall be located within fifty (50) feet of any lot line contiguous to the north and east boundary lines. Ail exterior lighting shall be limited to a height of sixteen (16) feet and shall be directed downward and appropriately shielded so that no glare is transmitted to an adjacent "E" Estates property. -2- Improvements to 224 Avenue NW and to the intersection of 22"d Avenue NW and Oakes Boulevard may be required consistent with the ultimate impacts of the church's traffic on that intersection. Such improvements shall be determined at the time of preliminary site plan submission. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. 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: Narj~3rie M. Student Assistant County Attorney f/CU'9?-2] PE$OLUT ION -3- FI}~ING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 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: 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: f/CU- 9?. 2] VZ~DZ~I~ OF tACT C14AZ~A~/ FINDING OF FACT BY COLLIER COUntrY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 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 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 Do 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: MEMBER: f/CU-g7.2] FI~DI;~ OF FACT Exhibit "B" IeAITH COMMUNITY C..tlURCH CONDITIONAl, USg $1Tg BOARD OF CouIqT~ CCX'~ISSIOIqELS ATT~: NANCY SALOGL~ ~0 ~ ~13016 KA,'~E$ FL 3A101-3016 REFER£HCE: 001250 ~X7551 $?~9G~ ~oTZrE OF I'IJSLZ¢ ~ State of Cc~ty af CoLLier Before the ur~eriSg~ed ~thortt¥, ~rmLLy a~ t~ A~e~t~t C~rete ~r~a~ ~ t~ ~t~ Oetty Mw~, a ~ty ~r ~L~ at ~t~, tn CoLLier C~ty, Ftorl~: Afft~t furt~ ~s t~ t~ ~td ~L~ ~tty CoLLier ~ty, ~er ~l ~retof~e ~Lt~ ~n ~ ~ ~ ~tter at t~ ~t off~ Cotlter ~, ~xt ~t~ t~ first attl~ ~ of ~ert1~; fur t~¢ ~a ~ ~ ~r~, firm dl I~t, r~te, PUSLiSH£D 0~: 11/09 SIgr~ture of Affte~t / Svorn to ~d S~bacrtbed before me th$l PersonaLLy A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE "1" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislatu=e 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 arid 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 "1" of Section 2.2.3.3 in an "E" Estates zone for a church 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 regu!at~ons and in accordance with Subsection 2.7.4.4 of the Land Development Code fo~ the Co].lier County Planning Conunission; 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 Geoffrey G. Purse of Purse Associates, Inc. representing Faith Co,unity Church with respect to the property hereinafter described as: Tract 15, Golden Gate Estates Unit 97, less the east 300 feet and Tract 16, Golden Gate Estates Unit 97, less the east 600 feet, as recorded in Plat Book 7, Pages 95-96, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "1" of Section 2.2.3.3 of the "E" Estates zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: 1. The Planning & Technical 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). 2. All applicable provisions of the Land Development Code in effect at the time of submission of final Site Development Plans shall apply. 3. Arterial level street lighting shall be required at the time of issuance of the first certificate of occupancy at established project entrances. 4. Whenever a parking lot is established opposite a lot line contiguous to an "E" Estates zoning district a decorative concrete block wall or pre-manufactured masonry fence/wall shall be constructed at a height of six (6) feet above the established finished grade of the parking lot. Said wall shall be constructed at the time any such parking lot is constructed. In the alternative a vegetative buffer of fifty (50) feet shall be retained or planted which accomplishes a one hundred (100) percent visual screen for a vertical distance of six (6) feet to be in place at the time said parking lot is permitted. 5. No parking lot shall be located within fifty (50) feet of any lot line contiguous to the north and east boundary lines. 6. All exterior lighting shall be limited to a height of sJ~:teen (16) feet and shall be directed downward and appropriately shielded so that no glare is transmitted to an adjacent "E" Estates property. 7 o Improvements to 22nd Avenue NW and to the intersection of 22nd Avenue NW and Oakes Boulevard may be required consistent with the ultimate impacts of the church's traffic on that intersection. Such improvements shall be determined at the time of preliminary site plan submission. o Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. Should it be determined by Collier County that a sidewalk is necessary along 22~d Avenue N.W., the owners of the property which is the subject of this petition shall pay a proportional share of the costs of said sidewalk. 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 /. Jo ,, __ - , · ATTEST: DWIGHT E. BROCK, Clerk Approved as to, Form and Legal Sufficiency: Marj~ie M. S.ude Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY:T~MOTHY~. )ANddCK, Chairman f/CU-97-2] P£SOLUT I CH FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 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: 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 ingres~ & egress Yes ~' No C. Affects neighboring properties in relation to noise, glare, ec~Dnomic or odor effects- ~' No affect or A~fect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~Ii~) be recommended for approvalI~{ 4AN~ f/?J-97-2] FIHDI;M~ OF F~C'r CliP, IP3~kN/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 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 property or uses in the same district or neighborhood because of: Consistency with th~/Land Development Code and Growth Management ~n: 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 &. ~ress Ye~ V No C Affec~ neighboring properties in relation to noise, g~are, e4r~nomic 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~/ithin district Yes ~/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) approva 1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 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 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 & ~ress Yes WNo C. Affects neighboring properties in relation to noise, glare, eco~ic 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 w.~hin district Yes / No Based on the above findings, stipulations, (copy attached) approval this conditional use should, with (~lh~) be reconr~end//~ for ? FINDING OF FACT BY COLLIER COUNT"f PLANNING COMMISSION FOR A CO.NDITIONAL USE PETITION FOR CU- 97-23 The following facts are found: Section 2.2.3.3.1 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 property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management ~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 & .egr~ess Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _2:.. No affect or Affect mitigated by ____ Affect cannot' be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wi]Lhin district Yes . ~-" No Based on the above findings, this conditional use should, '~ith stipulations,/x~opy attached) (should not) be_recommended for approval f~ DATE: //-- ~ -- ~ MEMBER: f/CU-:)?-2] i~iNDI,,4C, O~' FACT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 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 ~he Land Development Code and Growth Management Pla~: 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 D0 Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~_/' No Based on the above findings, th~s_._cg~ditional use should, with stipulations, (copy attached)<i~she~.no~) be recommended for approval FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 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: A. Consistency with the Land Development Code and Growth Manage~Tn: 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 i ng~s'-g~-Ne~e s s ~Yes ~ )No C. Affects neighboring properties in relation to noise, glare, ~_~-~rg~-'crr-~or effects: ~_ ~ No affec~or Affect mitigated by ~ ~J~f~ect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compa t i b~-~T~_/'~i thin district No Based on the above findings, this conditional use~.~oul_'d~, with stipulations, .~-~py &~t&ched) {~huuld n.st) be recommended for approva 1 ~//~V~ OP' FACT M~:R/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION ~FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: Section 2.2.3.3.1 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 property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Managejn~rrl~-P}~rl~: ~'Yes ..w'/ No -~__~ B. Ingress and e~f~s 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 ingr.~ss-&..~ress ~'~Yes a.-~>'' No C. Affects neig~ring proper~, in relation to noise, glare, economic or odor effe~: No affect or /Affect mitigated by~~~~ Affect cannot be mitigated Do Based on the above findings, stipulations, (copy attached) approval Compatibility with adjacent properties and other property in the district: Compatible uge within ~/ No district (should no~) k~ recommended for FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 0 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: AD Consistency with the Land Development Code and Growth Management ~an: 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 D0 Compatibility with adjacent properties and other property in the district: Compatible u%~e within district Yes'% No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~ be recommended for approval ~,~D~ ~~ DATE: %% 1 ~[c~'~ M f/CU-97-2] ~'Ih~DIN(] OF FACT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-23 The following facts are found: 1. Section 2.2.3.3.1 of the Land Development Code authorized the conditional use. 0 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 ~{anagement 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 Do 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 ~ be/recommended for approval f/CX3-97.2] FI~,~)I~ OF FACT M~R/ .J F.~ITH CO¥~.~IT~ C~URCH COND~I'ION~L U$~ $/T~ PLdd~ 13A2". To: Cterk to the the fol.[eMtn~ 14 a: V-97-ll Petitloe% ~o. (if ?,one. gi~ ~te~ Richard K. Bennett 1243 I2th'Ave. N. Naples, Fla. 34102 before: ~e:i~icn v-97-11, Richard K. 9enne:~, requesting a 2 fool after-the-fac: variance fror, the required rea.' selback of 10 feel to ~ feet f~r an eziiiin9 swimmin~ pool and screene~ enclosure on a double frcr.:tge (through) lot lccate~ at 4459 Robin Avenue, further des;ribed Black C, ~lam~ngo Estate~, in Se:lion 1, Township 50 Sou%h, P, ange 25 EasT, Collier County, Florida. List Attm:hme~ts:(1) (Z) OlSTIIIVT1~ l.$Tlt~ I Cell ~t f~ ~. ~! ~ To ~ AIT~ ~f~e ~Ttl~ to ~ ~r. The ~r's Office kilt d{slrl~e C~I~: ~ to ~M ~/dt ~IelML to 13A2 ]92 10-2~ 10:15 ~J~'52 5~ 2~ 5941 OK i ~ 18-~ 10:43 ~'49 9~ ~ ~~11 ~ 1~-21 ~:~ ~1' 13 ~~ · 1 ~1~ ~ 1~-21 ~:13 ~'41 ~~ ~ 3 ~16 ~ I~2i 11:19 ~'~ 9~ ~ ] ~15 ~ 1~ 11:19 ~81'~ ~ ~ ~ ~ 1 1~ 15:~ ~ 1~'~1 ~ 1~9~ ~ 15 ~C~1~ ~ 1~23 ~:~ ~'~ 9~ ~ 18-23 ~:14 ~'~ ~ October 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition V-97-11 Dear Jud[: Please advertise the above referenced notice one time on Sunday, November 9, 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 13 2 NOTICE OF PT~BLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, NOVEMBER 25, 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-97-11, Richard K. Bennett, requesting a 2 foot after-the-fact variance from the required rear setback of 10 feet to 8 feet for an existing swimming pool and screened enclosure on a double frontage (through) lot located at 4459 Robin Avenue, further described as Lot 11, Block C, Flamingo Estates, in Section 1, Township 50 South, Range 25 East, as recorded in Plat Book 10, Pages 34 & 35, 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) 13A2 October 22, 1997 Richard K. Bennett 1243 12th Avenue North Naples, FL 34102 Re: Notice of Public Hearing to consider a Petition V-97-8 Dear Petitioner: Please be advised that the above referenced petition will be considered ~t 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, Sue Barbiretti, Deputy Clerk Encl. RESOLUTION NO. 97- RELATI~]G TO PETITION NUMBER V-97-11, FOR A VARIA~ICE ON PROPERTY HEREINAFTER DESCRIBED IM 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 ~1o. 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 two-foot after-the-fact variance from the special yard requirement of ten feet to eight feet for an existing swimming pool and screen enclosure as shown on the attached plot plan, Exhibit "A", in an RSF-4 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 ail matters presented; I-IOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZOMING APPEALS of Collier County, Florida, that: The Petition V-97-11 filed by Richard K. Bennett, with respect to the property hereinafter described as: Lot 11, Block C, Flamingo Estates, as recorded in Plat Book 10, Pages 34 & 35, of the Public Records of Collier County, Florida. be and the same hereby is approved for a two-foot after-the-fact variance from the special yard requirement of ten feet to ei9ht feet for an existing swimming pool and screen enclosure as shown on the attached plot existing swimming pool and screen enclosure as shown on the attached plot plan, Exhibit "A", of the RSF-4 zoning district wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment depicted in Exhibit "A". Any other encroachments shall require separate variances. 2. Within 30 days of approval of this variance, the petitioner shall obtain a Building Permit for the subject swimming pool. BE IT RESOLVED that this Resolution relating to Petition Number V-97-11 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 TIMCTHY L. HANCOCK, Chairman Approved as to Form and Legal Sufficiency: ~,~rjc~ie ~d. Student Assistant County Attorney f/ ¥-97-11 15A2 >- F~ CD" Z'- ©~, 3 ..O~'.ZO.O0 N ~ .O£J.O.O0 S BO~D Of CCX.NqTY COeVq[$SlCNEIS ATTN: KANCY SALOG~ PO BOX &13016 NAPLES FL 34101-~16 REF EREHCE: C)01230 ~00551 575~C~,5J, NOT[CE O~ PSJ~.[C H~ Stlte of FLorida ¢~ty of CoLLier It t~ Attttt~t CorF~tl ~retl~ of t~ tn CoLLier C~ty, F[~t~: t~t t~ Itta~ ~s~r ~ ~tet Afft~t furt~r ~s t~t t~ ~td ~[ll CoLLier ~ty, F~ta, ~ t~t t~ Hid ~s~r h~ ~retofort ~ ~ttGLy CoLLier ~ty, Ftor$~, f~ a ~rt~ ef 1 ~r ~xt prec~t~ t~ ftrmt ~[t~tlm ~ t~ furt~r ~ t~t ~ ~l NSt~r ~td ~ 11/09 AO SPACE: 66.0oo X~CH FILED 0~: 11/10/97 $tgf~ture of Afftwnt _/ $~rn to ~ S,~acrt~ before N thtl ~ ~ of Per,oraLLy kry~*n b7 ~ ! / CUll TO Tn ~ IICO~ID ia th O~fIClg, IICOOl o! COil, Ill COOITT, rT. 12/05/~7 a~ Ot:lS~ DVICa~r !. IIOC~, L'I,III RESOLUTION NO. 97-_AA3- RELATING TO PETITION NUMBER V-97-11, 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 WHEPEAS, 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 two-foot after-the-fact variance from the special yard requirement of ten feet to eight feet for an existing swirmming pool and screen enclosure as shown on the attached plot plan, Exhibit "A", in an RSF-4 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-97-11 filed by Richard K. Bennett, with respect to the property hereinafter described as: Lot 11, Block C, Flamingo Estates, as recorded in Plat Book 10, Pages 34 & 35, of the Public Records of Collier County, Florida. be and the same hereby is approved for a two-foot after-the-fact variance from the special yard requirement of ten feet to eight feet for an existing swiraming pool and screen enclosure as shown on the attached plot plan, Exhibit "A", of the RSF-4 zoning district wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment depicted in Exhibit "A"o Any other encroachments shall require separate variances. BE IT RESOLVED that this Resolution relating to Petition Number V-97-11 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. '~;:¢.ji ATTEST.: Dw::HT E. B~O~<,~Clerk day of /]~Z~/~ , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ,,, ,.~ ,.. ~i~40TH~/~. ~N~OCK, Chairman ApproVed a~:'t"~ Fo~m and Legal Sufficiency: i4arJo~ie M. StUd.hr - Assistant County Attorney f/ '/-97-~! P£2OLUT~ON o -2- -/ Z 0 Fn hO0 N .,gllll oo s I NOV 2 5 1997 RESOLUTION NO. 97- 441 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TttOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN SAN MIGUEL, 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, Flor/da, on December 6, 1994 approved the plat of San Miguel 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 WtlEREAS, thc developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WttEREAS, thc 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 San Miguel, and authorize the Clerk to release the maintenance security. BE IT FURTttER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that arc not required to bc maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ,,.'... ,,-,,' ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T'IMOTH/I.,.' HkNCDCK, ~.HAIRMAN Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney FO1:U4 *723-40 1-83 P~G~ i O~ i State of Florida i)epartoent of .l~*fms~ogt. ation D£v£sion of i~roconstt'uc'c£on and Design COUF~ P. KSOLUTION HIOKWA! LIOHTXN(~ AOX-wlt~i:B31T ,% ~.ESOLUTION AU,T'6ORI%LNO K~I~ O~ A HIG~AY LIO~INO ~~ FOR ~ ~S~, ~ATI~ ~/OR IRST~LATI~ OF A C~AIN LXG~INO SYS~ NI~lN ~ RIC~ff-~Y tXMIT~ ON ~I~ OF ~iosLo~r Confl~anh{n~ , seconded by c~iosioner norris ., the fol]~lng Resolution was adopted. ~, =he S~ato of Flo=~da ~~n~ of Tr~g~r~a~ion has located and 9ro~s c~s~ct or recons~ct a ~l~ of tho H~ghway L~ght~ng Sygtem ~ocated on State Road ~D ~, tho State o~ Florida De~r~nt of Trans~r=a=lon havin~ reque~=od the County of Collier, FlorLda, ~o execute and de~iver to ~ho Sba~e of Florida DeparL~n= of Trans~rtation · Joint ProJec~ .~re~flt for Highway Llgh=~mg, providing for Joint ros~nsibLlities of the Degar~Mnt and the County, and oaid re~e~= having ~en duly considered, N~ THE~FO~, BE IT ~SOL~D by ~he ~ard of County Co--lo.loners of ~he County of ~, Florida, %bah the Chsl~8n and Clerk of tho Board of County C~issloners bu and =hey ire here~ auth~r;~ and dLro~ ~o ~ke, execute and deliver ~o the Sta=~ of Florida De~artMnt of Trafl~L~ation a H~ghway Lighting Agre~nt for tho ad~us~Mn~, r~~.cation, a~/or ~nstallation of a co~a~ l~ghtl~ ~t~ within ~ho Rlgh~ of Way l~Lts of said St~.~ Rc. 0d ~, Section BE IT FUR~R ~SOL~D tha= th~.~ Resolutiofl ~ fo~arded to =he Sta=e of Florida Do~ar~n= of Trano~r~atiofl %t Ba~ow, Florida. I~U~D ~ P~S~ by tb~ ~ard of ~nty ~isolonero o~ ~ County, in requl_ar session, this ~__~'~___.__, day Of Approved.ks to .f6r~and legal sufficiency: QAVID C. W~GEL, County Attorney Form No. 710-010-74 12/8e ~a~e i o~ 2 ITATI OF FLO~XDA D~PA~M~T Olt TILqIIPOIXATXOII (Ce.tory) WPI ~O. SECTIO~ HO. BTAT~ ~OAD COUNTY HAM~ PAR & JOB NO. FAP NO. 1114198 03050 82 e eR-29 Collier N/A 6504 SE-080-2(2 TSIS A~tl~tltT, made tn~ entered into this ____ day se , 19 ,, by and b~t~n the BTA~ OF ~IDA D~~ OF ?~~ATI~, ~reinafter call~ ~ U~~, and ~ ~nty, a ~litical eu~ ~isAon of the Sta~e of Florida, a~l~ ~ WI TNESSET~ ~ WTa~REAS, the COUFZ~ by ~olution adopted on .//~.z~./~.._ /~? . , ~. r~est~ the DEP~T to ~rchas. and install a Highway Lighting Sylt~ on that ~rtion of State R~d ~. ~ descr[~ as SR-B~ in ~, ~unty, Florida. AID W~ERKAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a por~lon of the lighting system designated by the DEPARTMENT ss Job Ho. ~, ~ad Xo. fr~ ~ to ~, which shall call for the adJust~nt, relocation a~/or AND WHEREAS, the DgP~THXNT a~d the COONTY have determined that Lt would b~ to the best interest of the general public and to the Icon, lc advantage of both parties to enter into a JOIW£ PROJECT providing for such ~ork, ~O#, Tl~r~[l~[, the premium consl4erud, and in con~[deration of the mum of ~e ~llar each to the other in hand ~ld, the recel~ w~r~f il h~re~ ackn~ledg~, and in fu~her foll~ 1. Th~ DEPARTKEHT agrees to prepare plans and opecificatioas for the work involved. smd advertiu for b/ds for the equi~t ~ ~terLalm. ~ ~cielon me to the t~ and of ~ui[~nt ~rchas~ wll~ be the DEP~NT'S sole res~nsibL1Lty. 2. Ail of the work on the lighting syste~ il to be done according to the plans and specifications of the D~PARTMENT which plans and specifications are, by reference hereto, made a part hereof. The DEPARTMENT will be responsible for performing the co~plated installation. 3. The DEPARTMENT will provide the necessary engineering supervision to assure construction is in co~pl£ance with the plans and specifications hareinabove referred to, and will perfor~ the final lnm~ction of the c~let~ project. 4. Tho COUNTY agrees that the equipment of the lighting syst~ shall r~ain the property of the DEPARTM~/T~, and it is hereby u~derstood and agreed that the COUNTY shall not, any reales wither ]]lilies ~d ~lttln consent of the DEP~. 5. The COUNTY further agrees upon completion of the installation, to assmu~ sole r-sponoibllity for th~ ~aintenance et said lighting syst/m in accordance with the DEPARTMenT'S policies and "Standard Specifications for Highway Lighting". 6. The COUNTY further agrees to be responsible for the payment of all cost for electrical power and/or other electrical charges incurred in connection with the operation of the completed lighting system. 7. The COUNTY covenants and agrees that it will indemnify and hold harmless to the extent provided by Florida Statutes 768.28, DEPARTMENT and all of DEPARTMENT'S officers, agents, and employees frcxm any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by COUNTY during the performance of the contract, whether direct or lndirec~, and whether to any person or property to which DEPARTMENT or said parties m~y be subject, excl1~: that neither COUNTY nor any of its sub-contractors will be liable under thil section for dmgel arllin~ out of injury or dLmage to persons or property directly caused or resulting from the Iole negligence of DEPARTMENT or any of its officers, agents or employees. 8. All services and work under the construction contract shall be performed to the sati~:faction of the DEPARTMENT'S Director of Construction and he shall decide all q~estione, diff;culties and disputes of whatever nature, which may arise under or by reason of such contract for highway lighting/ the prosecution and fulfillment of the services therounder, and the charactor, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes thereunder shall be final and conclusive upon the parties hereto. 9. The COUNTY will inform the DEPARTMENT'S appropriate Resident Engineer in writing when they start or resume work on the project. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. COUNt...'~_ ( SEAL ) BY: ."',^ .,.,,- F~RIDA D~P~T OF BY: (SE~) TITLe, ATTEST~ EXECUTIVE SECTLRTARY LEGAL UVI~) DATE~ APPROVED BY~ DATE~ ATTORNEY - FDOT . -- UTILITIES Attorney, Collier ~unty BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 25, 1997 1. MI F C ON DI TE : 2. ~: 3. Parks and Recreation Advisory Board - minutes of September 24, 1997 and agenda of October 22, 1997. Referred lo BCC. I I I I I ! I I I I ! I ! I I i I I 16G RECEIVED OCT 2 2 1997 :ount~, ¢ommfssfoners PARKS & R[CR[ATION ADVISORY BOARD Norris Hancock Co~ stint ~c 'r, le 5err~ WI~D~$D~Y, October 33, 1997 Golaeu Gate GommaRIt]~ Gen~eP 3:00 P.M. 4~/01 GolOen Gate Pa~l~a$~, Naples, lalo~laa Misc. Co,res: Da re: ~ Ite~# Cooies To: 1 16G 1 PARKS AND RECREATION ADVISORY BOARD AGENDA October 22, 1997 (;olden Gate Community Center 4701 Golden (;ate Parkway, Naples, Florida The Parks and Recreation Advisoo' Board meeting will be held Wednesday, October 22, 1997, 2:00 p.m. at Golden Gate Community Center, 4701 (;olden (;ate Parkway, Naples, Florida. I CALL TO ORDER: I1 PI,EDGE OFAI,I,EGIANCE TO TIlE FI,AG: 111. INVOCATION: IX,' APPROVAl, OF' MINI'I'ES, September 24. 1997 Meetin~ V. A~NARD PRESENTATION: I. Attitude Award- George Farreii 2. Attitude Award - Janice Elliott VI. INTRODI'('TIONS: 'fill. NE~V BUSINESS: I. Procedure for Recommending ('IP Projects a. City/County Joint Projects 2. Consideration of Sponsorship of Joint Recreation Programs VIII. REQUESTS FOR DISCUSSION - SPECIFIC UPDATE ITEM IX. REPORTS/UPDATES: I. .Monthly Report (September) 2, A.S.A Event Update 3. Copeland Playground Dedication Update 4. Adopt-A-Park Report 5. Parab Meeting Schedule X. ADJOURNMENT A 1-3 B 4-11 C12 C13 I I I I ! I I PRESENT: ABSENT: PARKS AND RECREATION ADVISORY BOARD September 24, 1997 Minutes Immokalee Community Park 310 Alachua, Naples, Florida Timothy Blackford, Chaiman Joseph Zaks Billie Cheney Daphnie Bercher Elaine Wicks, Vice Chair Gayle L Start Gil Mueller I I ! I I I I I ALSO PRESENT: Maria Ramsey, Director Murdo Smith, Recreation Manager Gary Franco, Parks Superintendent Jacquie Hart, Secretary I! John Dunnuck, Operations Coordinator Jim Thomas, Athletic Supervisor Ed Sorenson of Habitat S,,--nne Foster, Habitat Executive Director Annie Pappalardo, Recreation Supervisor East L CALL TO ORDER: The meeting w~ called to order at 2:20 p.m. IL PLEDGE OF ALLEGIANCE TO THE FLAG Ill.INVOCATION: by Jacquie Hart Iv. APPROVAL OF MINUTES: August 27, 1997 meeting. Motion by Joseph Zaks to approve August 27, 1997 minutes. Seconded by Tim Blackford. Passed 4/0. Correction: The correct spelling of Ms. Bercher's first name should read I i Vo NEW B U SIN ESSfPRESEN'I'ATIONS · . Playground Eouipment Request - Ms. Suzanne Foster, Habitat Executive Direclor, stated that she has been working with a member of the I I I i I I ! I I I I I I I i I I I I bo community who is very concerned about the fact that there is no park available around the Habitat Subdivision area in lmmokalee. The children in the Habitat community may get into mischief . Ms. Foster is requesting that the Parks and Recreation Department install playground equipment at the Tony Rosbaugh Facility. Ms. Foster indicated that Habitat is a non profit organization and they are limited from giving cash but Habitat could donate materials or volunteers are available to construct the park. Mr. Sorenson of Habitat suggested that the Parks and Recreation Department construct a playground equipment in the existing park facility. Funds will be provided by the community but Mr. Sorenson is requesting that the project become a joint venture with the Parks and Recreation Department. Ms. Pappalardo explained that there is a grassy area at the Tony Rosbaugh facility which will meet the needs of playground equipment. Ms. Pappalardo stated that she received a twenty five hundred ($2,500) dollar donation for a playground that was built by the community in Green Land, which is sitting in the Friends of lmmokalee Park's account. Ms. Pappalardo stated that the money could be used for a playground. The Tony Rosbaugh Park has been vandalized and the maintenance department has to paint and repair on a daily basis. Ms. Pappalardo stated that the project could be a community effort but the department is focusing on regional parks also. Ms. Pappalardo also stated that it would not be a problem to raised ten thousand ($10,000) dollars for the project. Chairman Blackford tabled the request. Joint Citl,/CountY Board Meeting - The City of Naples sent a letter suggesting that the County and City schedule a joint board meeting on October 22, 1997 at the Golden Gate Community Center. Ms. Ramsey stated that she will meet with Don Wirth to set up an agenda. A~ressive Skateboard Association - The event will be held October 1 I, 12 & 13. Participants will be accommodated by the Radisson tlotel on Marco island. Shuttle buses will be used to commute individuals. Ms. Ramsey distributed some pictures of the skateboard park. ESPN will cover the Skateboard Park event. There will be 64 top male professionals, 64 top male amateurs, 16 top women professionals and amateurs. The event will go on from 9:00 am to I0:00 p.m and the event is free. There will be V.I.P. parking. VI. REQUEST FOR DISCUSSION/SPECIFIC UPDATE IT£M I I I I I I ! i I I I I I I I I I I 16G VII. REPORTS & UPDATES a. Monthly RePOrt (August) - a brief discussion took place regarding the August monthly report. b. Park~ Brochurg - The brochure is colorful, beautiful, and will be available at 100 different locations. Copeland Play~'ound - The playground is installed at the church grounds and a dedication will be held on October 18, 1997. All board members are invited. Adopt-A-Park Reoo~- Ms. Bercher reported that she visited the Golden Gate Community Park and the west parking lot needs some lighting. Ms. Bercher would like to commend Janice Elliot for such a positive attitude with the children that utilize the facility. Janice Elliot would like to set up a program for children who could not afford summer camp. Ms. Bercher also visited thc Max A. Hasse Community Park and it is in good condition. PARAB Me,tint Schedule - The next meeting will be held at the Golden Gate Community Center due to a Joint meeting with the City board on October 22, 1997 at 2:00 p.m.. VIii. ADJOURNMENT Meeting adjourned at 3:40 P.M.. Motion by Tim Blackford to adjourn. Passed 4/0. 1 I I I I I I I I i I I I I I i ! I I COLLIER COUNTY PARKS AND RECREATION DEPARTMENT MONTHLY REPORT SEPTEMBER 1997 ON S TION CURRENT YEAR PRIOR YEAR MIH ~Q MTH YTD Facili~' Users 284,523 3,993,985 327,846 3,853.994 User Hours 81,753 1,472.647 85,711 1.527298 Games 70 1,768 87 3,256 Special E:ents 2.247 49,148 497 35.177 Car Coun: 105334 1,480.778 124261 1.448.196 Revenue 101,411 1,492.948 195,085 1,325.001 Revenue-s :nd 3,000 51.018 4,693 39,966 NE I.,GHBORHOOD / SCHOOL PARKS Users 19,602 235224 32,800 393,600 REGIONAL PARKS CURRENT YEAR PRIOR YEAR MTH YTD Car Count 37,786 654,474 27,216 563,415 Beach Use.'~ 92,320 1,567,827 65,307 1,348,485 Park Site~ Visited 1,151 16,492 I, 139 12,583 Pe~onal Contac~ 5,240 102,666 6,459 107,249 Interpretive Projects I ! 61 2 60 Launch Car Count 19,417 404,712 17,796 326,957 Launch Users 46,599 969,520 , 42,707 784,919 Revenues Concess 26,047 173,437 4,693 39,966 Permita 3,750 7,750 500 6,962 Launch fees 7,812 56,788 2,5 .9~ 29,618 F arkiag 16,655 467,398 21,159 431,373 (s) 4 1 [ I I I I I ! I I I I I I I I I I RECREATION SECTION MONTHLY REPORT IMMOKALEE COMMUNITY PARK Class Registran~ 60 Faciiity Users 78,321 Ins:ructJonal Hours 1,200 User Hours 4,820 Revenue 1,710 Special Even~ 300 Vehicle Count 30,134 GOLDEN GATE AQUATIC FACILITY Class Registrants 725 F aciiit'! Users 5,936 Instructional Hours 141 User Hours 10.727 Revenue 11,366 Special Events 0 Vehicle Count - GGCP EAST NAPLES COMMUNITY PARK Class Registrants 119 F acilit'/Users 50.816 Inslruptional Hours 144 User Hours 7,209 Revenue 3.949 Sce'2al Events 0 Veh~c',e Count 20,340 FRANK MACKLE COMMUNITY PARK Class Registrants 48 Facili['/Users 8,500 Instructional Hours 25 User Hours 1,879 Revenue 1,805 Special Events 8 Vehicle Count 2,500 GOLDEN GATE COMMUNITY CENTER Class Registrants Facility Users Instructional Hours User Hours Revenue Special Events Vehicle Count 65 16,654 130 17,220 4,284 5OO 6,002 September-97 IMMOKALEE SPORTS COMPLEX Class Registrants 24 Facility Users 4,215 Instructional Hours 292 User Hours 14,343 Revenue 3,523 Sl:ecial Events 870 Vehicle Count 584 GOLDEN GATE FITNESS CENTER Class Registrants 6 Facility Users 2.872 Instructional Hours 18 User Hours 2,889 Revenue 7,641 Special Events 0 Vehicle Count 22.884 VETERANS COMMUNITY PARK Class Registrants 249 F~c~lity Users 24.830 Instructional Hours 234 User Hours 5.198 Revenue 10,528 Special Events 0 Vemcte Count 10.345 VINEYARDS COMMUNITY PARK Class Registrants 548 Facility Users 25,569 Instructional Hours 134 User Hours 8.737 Revenue 10,405 Special Events 500 Vehicle Count 10,654 RACQUET CENTER Class Registrants 96 FacUlty Users 1,820 Instructional Hours 36 User Hours 3.508 Revenue 8,429 Special Events 47 Vehide Count 0 16G 1 (B) f (R) 6 I I I I ! I !1 To: From: Date: Re: Maria Ramsey Director Department of Parks & Recreation Mary Ellen Donner, Recreation Supervisor September 30, 1997 Pool & Fitness Revenue Report FY YTD FY YTD 94195 94195 95195 9519 OCTOBER POd $4,232. $4,232. $3,262. Fitness Wa Wa n/a Totals 53,262. $3,262. Wa $3,262. NOVEMBER Pod $3,679. $7,911. 52,978. $6,240. Fitness wa wa $4,447. $4,447. Totals $7,425. $10,687. CECEMBERPOOl $3,139. $I 1,050. $1,294. $7,534. Fitness n/a Wa $2,845. $7,292. Totals $4,139. $14,826. FY YTD 6 96/97 96,'97 $3.509. $3,509. $5,567. $5,567. $9,076. $9,076. $3,122. $6.631. $3,912. $9.479. $7,034. $16,110. $3,889. $10,520. $4,342. $13,821. $8,231. $24,341. 1 I I I I I I JANUARY Pool $3,872. $14,922. 52,878. $10,412. Fitness Wa Wa 57,714. $15,006. Tota!s $10,592. $25,418. FEBRUARY Pool $3,815. $18,737. $4,603. $15,015 F;ln~_ss Wa. Wa. S4,082. $19,088. Totals 68,685. $34,103. MARCH Pool $10,309. $29,046. $6,675. $21,690. F~tness rVa Wa $3,760. $22,848. Totals $10,435. $44,538. APRIL P~ $12,851. $41,897. $11,312. $33,002. Fitness Wa Wa $5,204. $28,052. Totals $16,516. $61,054. MAY POd $16,846. $58,743. $15,256. $48,258. Fitness Wa Wa $4,030. $32,082. ToIals $19,286. $80,340. $6,291. $16,811. $14,867. $28,688. $21,158. $45,499. $8,254, $25,065. $8.191. $36,879. $16.445. $61,944. $18,771. $43,836. $5,396. $42,275. $24,167. $86,111, $13,7841 $57,620, $6,978. $49,253, $20,762. $106,873. $26,016. $83,636. $6,919. $56.172. $32.935. $139,808. m JUNE Pool $19,396. $78,139. $20,540. $68,798. Rtness Wa Wa $3,318. $35,400. Totals $23,858. $104,198. $35,210. $118,846. $8,077. $64,249. $43,287. $183,095. I I I I I JULY Pool $12,936. $91,075. $18,424. $87,222. Rtness Wa Wa $5,181. $40,581. Tot~s $23,605. $127,803. AUGUST Pod $11,664. $102,739. $17,195. ' Fitn,~ss Wa Wa $4,833. Totals $22,028. $104,416. $45,414. $149,830. SEPT .Pod $8 704. $111,443. $11,459. Fitness Wa Wa $10,078. Total,, $21,537. $115,875. $55,49z $171,367. Should you have any questions, please contact me. (B) 7 $26,017. $144,863. $6,290. $70,539. $32,307. $215.402. $19,617. $164,480, $7,697. $85,877. $,27,314. $242,716. $11,366. $175,846. $7,841. $85,877. $19,007. $261.723. I I I I ! i I i I ! I i I I I ! i I I PARK RANGER PROGILANI NIONTtILY REPORT SEPTEMBER 1997 166 ADMINISTRATION: Routine administrative, evaluations, scheduling, budget. FIELD OPERATIONS: Routine patrol of beaches and parks, enforced Ordinances. assisted park visitors. collection of monies from meters, bank deposits, commissioners packet deliver)', reszroom maintenance at beaches, trash and debris maintenance on beaches, boardwalks and parking lots. Maintained mounted patrol, vehicles, inte:'pretive programs, mounted patrol implementation of 2"d horse part time. $1TES .CAR COUN'r USERS R EVE NT.,'E BEACH FACILITIES ~ITH ~.WD ,:', 1 TH )-rD MTH ~-I'D Barefoot Beach Access 3.345 70.613 8,028 168.400 297 21,214 Barefoot Preserve 3,806 98.852 9,134 237,239 3.673 118.602 Clam Pass Park 11,487 149.286 27,568 356.837 2.140 53.170 Tige,qail Beach 6,963 145.625 16,711 349,496 7.344 199,947 Vanderbilt Beach 7,005 104.760 16.812 249,419 916 26.467 North Gulf Shore 3,545 57.316 8.508 137,554 Il5 2.539 South .',,[arco 1.635 28.022 5.559 68.882 1.241 27,046 Vanderbilt Bch Rd Me:ers P29 18.412 Totals 37,786 654,474 92,320 1,567,827 16,655 467,397 CITATION R E ~ T.'X'LT BOAT LA U%'CH FACII, ITIES 80 10.780 METERS Bayviev,' Park 3,861 49,444 9,266 118,662 1,120 12.688 SR 951 2,069 28,049 4,965 67,009 0 0 Caxarnbas 2,154 33,666 5,169 80,783 0 0 Lake Trafford 6,490 88,858 15,576 212,801 0 0 Cocohatchee River Park 4.843 ;204.695 I 1,623 490.265 ].780 20.088 Totals 19,417 404,712 46,599 969,520 2,900 32,776 'Users = car count x 2.4 PARK SITES VISITED PERSONAL CONTACTS ..ENTERPRETI~"E pRO./ECTS m-~ Y'rD ~ ~rD , l~rr~ .YTD 1,I51 16,492 5,240 102,486 I 161 I I I I I I i I I I I I I I I I I I I PARKS blAI~'TENANCE SEPTEMBER 1997 · Replacement ofchickee hut at FMCP completed. · Relocated 27 Queen Palms from private donor (7,Is. Long) to East Naples Skateboard Facility.. Permit acquired from Communit?' Development for Vanderbilt Beach parking lot clearing. · Dock structure at Caxambas Park repaired. · Repair of Lake Trafford pier in progress. · Tiger-tail Beach Bath House renovation project begun. · Pressure cleaning of Bath House at Barefoot Beach completed. · Resodding of soccer field at FMCP completed. · East Naples Skateboard Facility. Concession building completed. (B) 10 16G I I I I I I I [ I I I I I I I I I I I ktJ 16G 1 16G ~>~h ~,~A~ ~n~b~r v~i{~ their adop(ed pa~ and ~'v~ a d~ai~ ~ of the Community Park Pa~s Corem-~nity Park Repo~n on 1/21/9'8 ~. ]~uwokalee Commu~il"~ Park ('or..pltted on 8/27/97 repar: on 10/'22/97 Report on 11/19/97 ;,. Yh~,.::y~:cdi Crmimsnil. y ~:lrk lqep,~rt ne 12/17/9'7 Ce.'npietcd on 1/28/97 I I I i I I I I ! I m i PARKS AND RECREATION ADVISORY BOARD MEETING SCHEDULE **October 22, 1997, meeting scheduled at Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida at 2:00 p.m. ~.p~CIAL ~IQINT meeting with Naples Community Services Advisory. Board *November 19, 1997 meeting scheduled at Golden Gate Community Park (Administration Office) 3300 Santa Barbara Boulevard, Naples, Florida at 2:00 p.m. HAPPY THANKSGIVING!! December 17, 1997 meeting scheduled at Golden Gate Community Park, 3300 Santa Barbara Boulevard, Naples, Florida, at 2:00 p.m. I~IERRY CHRISTMAS!! Dinner for our meeting. elect a Chairman. There will be a Christmas Oh don't forget we have to NOTE: Meeting dates could be cl,.ange~! due to holidays observed. PARAB members ~vill be notified 2 weeks prior to meeting date in the event of a change. ** MEANS A DATE OR A LOCATION HAS BEEN CHANGED. (c) 13 16G *il 'c