Agenda 02/23/2010 Item # 8A
Agenda Item No. 8A
February 23, 2010
Page 1 of 189
EXECUTIVE SUMMARY
RZ-2008-AR-13951: Olde Florida Golf Club, Inc., represented by John Passidomo of
Cheffy Passidomo, and Margaret C. Perry, AICP, of Wilson Miller Inc., is requesting a
standard rezone from the Golf Course (GC) zoning district and the Rural Fringe Mixed
Use District-Neutral Lands Zoning Overlay District to the Agriculture (A) zoning district
and the Rural Fringe Mixed Use District-Neutral Lands Zoning Overlay District. The
subject property, consisting of 553.67:1: acres, is located on the Vanderbilt Beach Road
Extension, approximately 2 miles east of the Vanderbilt Beach Road (CR 862) and Collier
Boulevard (CR 951) intersection, in Section 31, Township 48 South, Range 27 East, Collier
County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application for a rezone as
noted above and ensure that the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERA nONS:
.-
The petitioner is requesting to rezone a 553.67:1: acre tract from the Golf Course (GC) zoning
district and the Rural Fringe Mixed Use District-Neutral Lands Zoning Overlay District to the
Agriculture (A) zoning district and the Rural Fringe Mixed Use District-Neutral Lands Zoning
Overlay District for a project known as the Olde Florida Golf Club.
As described in the narrative statement included in the application, the petitioner proposes to
rezone the subject site to Agriculture to allow "for a broader range of uses" and to provide a
"greater flexibility for the land owner by allowing agriculture, golf course, single-family dwelling
units and other uses by right, in accordance with the FLUE [Future Land Use Element of the
Growth Management Plan] and the Land Development Code." Given the GMP FLUE
designation, up to 110 dwelling units could be developed on site. The petitioner's agent states in
the Traffic Impact Statement (TIS) that, "The proposed rezone intends to preserve the existing
IS-hole golf course and permit the addition of up to ] 10 single family homes."
The subject property was rezoned from the Rural Agricultural Zoning District to the Golf Course
(GC) Zoning District with the approval of Ordinance Number 91-16 on February 12, 1991
(Petition Number R-90-23). As part of that rezoning action, an agreement was entered into by
the petitioner wherein certain improvements would be required as part of site development
approval. Most of the improvements or conditions are reiterations of site development plan
requirements. Subsequent to that rezoning approval, the site was developed with an eighteen-
hole golf course and its supporting facilities.
r-
It should be noted that the proposed rezone back to the Rural Agricultural Zoning District
utilized the "conventional or standard" rezoning procedure that does not require a master plan to
be submitted as would be required if the property was rezoned to a PUD. However, the
petitioner did submit a document entitled "Map of Future Development Envelope" to show the
Olde Florida Golf Club Page I of7
RZ-2008-AR-13951
Agenda Item No. 8A
February 23,2010
Page 2 of 189
proposed areas of development. That exhibit was provided in response to concerns raised at the
April 2, 2009, Collier County Planning Commission (CCPC) hearing. The document was
presented to the CCPC al a hearing on December 3, 2009.
The boundary survey provided with the petition indicates there is a large conservation easement
over lands in the northeastern portion of the site. Site development issues will be addressed as
part of any future development approvals that may be sought should the rezone be approved.
Similarly, deviations from the Land Development Code (LDC) cannot be sought as part of this
rezone petition; any subsequent development would need to be in compliance with all federal,
state and local development regulalions unless variances are sought and approved through the
appropriate procedure in effect at the time.
FISCAL IMPACT:
The rezone by and of itself, will have no fiscal impact on Collier County. There is no guarantee
that the project, at build out, will maximize its authorized level of development, however, if the
rezone is approved, a portion of the land could be developed.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay a portion of the estimated Transportation
Impact Fees associated with the project in accordance with Chapter 74 of the Collier County
Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include
building permit review fees. Please note that impact fees and taxes collected were not included in
the criteria used by staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): The Old Florida Golf Club property lies within the
Agricultural/Rural Designation, Rural Fringe Mixed Use District (RFMUD), Neutral Lands, as
depicted on Collier County's Future Land Use Map (FLUM). Golf courses and single-family
residential units are allowed by right in the Neutral Lands designated areas. Please refer to the
Collier County Planning Commission (CCPC) staff report for the complete GMP analysis.
Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to
accommodate this I] O-unit project within the 5-year planning period. Please refer to the CCPC
staff report for the complete Transportation Element analysis.
Environmental Element: All Environmental Impact Study (ElS), wetland and preservation
issues will be addressed as part of any subsequent development order review.
Olde Florida Golf Club
RZ-2008-AR-1395!
Page 2 of7
Agenda Item No. 8A
February 23, 2010
Page 3 of 189
AFFORDABLE HOUSING IMPACT:
This request contains no provisions to address the Affordable-Workforce housing demands that it
may create.
ENVIRONMENTAL ISSUES:
Environmental staff reviewed this petition for both the April 2, 2009 and the December 3, 2009
CCPC hearings. Environmental staff had concerns about the "Map of Future Development
Envelope" document that was provided by the petitioner for the December hearing. Section
10.02.02.A.7.h of the Collier County LDC lists exceptions to the Environmental Impact
Statement (EIS) for conventional rezones without a site plan. A conventional rezone with no site
plan or proposed development plan. This exemption does not apply to lands that include any of
the following zoning, overlays or critical habitats: Conservation (CON), Special Treatment (ST),
Area of Critical State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (JI}MU) Sending Lands, Xeric Scrub, Dune and Strand, Hardwood
Hammocks, or any land occupied by listed species or defined by an appropriate State or Federal
agency to be critical foraging habitat for listed species.
An EIS review and approval by the Environmental Advisory Council (EAC), including preserve
designation, needs to be completed prior to the issuance of any additional development approval
since it was not required at time of rezoning. An EIS will need to be provided with any
subsequent development order petitions that may be sought if the rezoning is approved.
Preservation areas will be addressed as part of development order review. Wetland line(s) will
have to be verified and approved by the South Florida Water Management District (SFWMD)
prior to completion of next development order. The location of required preservation may
significantly alter the site plan provided by the applicant.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Since no EIS was completed as part of the rezone action, this petition did not require review by
the EAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on April 2, 2009, and by a unanimous vote (8 to 0) recommended
forwarding this petition to the Board of County Commissioners (BCC) with a recommendation
of approval subject to the following conditions:
1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses,
and it shall be subject to the rules and regulations for golf course operations for properties
designed as neutral lands under the County's Growth Management Plan.
2. No density has been awarded by virtue of approval of this rezone.
3. Any uses or changes shall be brought back to the Collier County Planning Commission in
the form of a Planned Unit Development process for review and approval of all categories
as if it were a Planned Unit Development.
Olde Florida Golf Club
RZ-2008-AR-!395!
Page 3 of7
Agenda Item No. SA
February 23, 2010
Page 4 of 189
4. The setback on the western boundary of the property shall be 100 feet to allow County to
acquire easements, if needed, in the future.
However, the petitioner was not in agreement with Conditions #2 and #3 and requested that this
petition be re-heard by the CCPC. As previously noted the petitioner submitted the "Map of
Future Development Envelope" document to assist the CCPC in the review of the petition and to
allay concerns. The petition was reheard by the CCPC on December 3, 2009. At that hearing the
CCPC agreed to remove the original stipulations #2 and #3, but added other stipulations in the
review and subsequent approval recommendation.
On December 3, 2009, the CCPC heard this petItIOn again and set aside the prior
recommendation. On December 3, the CCPC, by a unanimous vote (9 to 0) recommended
forwarding this petition to the Board of County Commissioners (BCC) with a recommendation
of approval subject to the following conditions:
]. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses,
and it shall be subject to the rules and regulations for golf course operations for properties
designed as neutral lands under the County's Growth Management Plan.
2. The setback on the western boundary of the property shall be 100 feet to allow County to
acquire easements, if needed, in the future.
3. The permitted uses in RFMU District-Neutral Lands are permitted on the property as of right
except for fann labor housing.
4. The accessory uses in the RFMU District-Neutral Lands are permitted on the property as
accessory to uses permitted as of right or to approved conditional uses.
5. The following uses in the RFMU District-Neutral Lands are permissible as conditional uses
subject to the standards and procedures established in Section I O.OS.OO ofthe LDC:
a. Community facilities, such as places of worship, childcare facilities, cemeteries, social
and fraternal organizations.
b. Multi-family residential structures subject to the following development standards:
(i) Building height limitation: 2 stories
(ii) Buffer: 10-foot wide landscape buffer with trees spaced no more than 30 feet on
center
(iii) Setbacks: 50% of the height of the building, but not less than 15 feet
c. Those essential services identified in sections 2.01.03(G)(l) and (G)(3) of the LDC.
Olde Florida Golf Club
RZ-2008-AR-1395!
Page 4 of7
Agenda Item No. 8A
February 23, 2010
Page 5 of 189
The CCPC approval recommendation was unanimous; however one person spoke at the
December 3, 2009 CCPC hearing voicing opposition to the request, therefore this petition cannot
be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
The petitioner is requesting a rezone from the Golf Course Zoning District and the Rural Fringe
Mixed Use District-Neutral Lands Zoning District to the Agriculture Zoning District and the
Rural Fringe Mixed Use District-Neutral Lands Zoning District. The attached staff report and
recommendations of the Planning Commission required are advisory only and are not binding on
you. All testimony given must be under oath. The Petitioner has the burden to prove that the
proposed rezone is consistent with all the criteria set forth below, and you may question
Petitioner, or staff, to satisfY yourself that the necessary criteria have been satisfied. Should you
consider denying the rezone, to assure that your decision is not later found to be arbitrary,
discriminatory or unreasonable, the denial must be based upon competent, substantial evidence
that the proposal does not meet one or more of the listed criteria below.
Criteria for Strail!ht Rezones
1. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map and the elements of the Growth Management Plan?
2. Will the proposed rezone be appropriate considering the existing land use pattern?
3. Would the proposed rezone result in the possible creation of an isolated district unrelated to
adjacent and nearby districts?
4. Are the existing district boundaries illogically drawn in relation to existing conditions on
the property proposed for change?
5. Do changed or changing conditions make the passage of the proposed amendment
necessary?
6. Will the proposed change adversely influence living conditions in the neighborhood?
7. Will the proposed change create or excessively increase traffic congestion or create types of
traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise q[fect public sqfety?
8. Will the proposed change create a drainage problem?
9. Will the proposed change seriously reduce light and air to adjacent areas?
10. Will the proposed change adversely affect property values in the adjacent area?
Olde Florida Golf Club
RZ-2008-AR-1395!
Page 5 of7
Agenda Item No. SA
February 23,2010
Page 6 of 1S9
11. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
12. Will the proposed change constitute a grant of special privilege to an individual owner as
contrasted with the public welfare?
13. Are there substantial reasons why the property cannot be used in accordance with existing
zoning?
14. Is the change suggested out of scale with the needs of the neighborhood or the County?
15. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
16. Consider: The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
17. What is the impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County Adequate
Public Facilities Ordinance [Code ch.106, art.ll], as amended?
] S. Are there other factors, standards, or criteria relating to this rezone request that the Board of
County Commissioners shall deem important in the protection of the public health, safety,
and welfare?
The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient
for Board action. -HF AC
RECOMMENDA TION:
Staff recommends that the Board of County Commissioners approve the request for RZ-200S-
AR-13951 subject to staff's and the CCPC conditions of approval as follows:
1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses,
and it shall be subject to the rules and regulations for golf course operations for properties
designed as neutral lands under the County's Growth Management Plan.
2. The setback on the western boundary of the property shall be 100 feet to allow County to
acquire easements, if needed, in the future.
3. The permitted uses in RFMU District-Neutral Lands are permitted on the property as of right
except for farm labor housing.
4. The accessory uses in the RFMU District-Neutral Lands are permitted on the property as
accessory to uses permitted as of right or to approved conditional uses.
Olde Florida Golf Club
RZ-2008-AR-13951
Page 6 of7
Agenda Item No. SA
February 23, 2010
Page 7 of 189
5. The following uses in the RFMU District-Neutral Lands are permissible as conditional uses
subject to the standards and procedures established in Section I O.OS.OO of the LDC:
a. Community facilities, such as places of worship, childcare facilities, cemeteries, social
and fraternal organizations.
b. Multi-family residential structures subject to the following development standards:
(i) Building height limitation: 2 stories
(Ii) Buffer: 10-foot wide landscape buffer with trees spaced no more than 30 feet on
center
(iii) Setbacks: 50% of the height of the building, but not less than 15 feet
c. Those essential services identified in sections 2.01.03(G)(1) and (G)(3) of the LDC.
PREPARED BY:
Kay Deselem, Principal Planner, AICP
Department of Zoning and Land Development Review
Olde Florida Golf Club
RZ-2008-AR-13951
Page 70f7
Agenda Item No. 8A
February 23, 2010
Page 8 of 189
-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
8A
This item to be heard at 1 :00 p.m. This item continued to the February 23, 2010 BCC
Meeting. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members: RZ-2008-AR-13951: Olde Fiorida Golf Club, Inc.,
represented by John Passidomo of Cheffy Passidomo, and Margaret C. Perry, AICP, of
WilsonMiller Inc., is requesting a standard rezone from the Golf Course (GC) zoning district
and the Rural Fringe Mixed Use District-Neutral Lands Zoning Overlay District to the
Agriculture (A) zoning district and the Rural Fringe Mixed Use District-Neutral Lands Zoning
Overlay District. The subject property, consisting of 553.67 acres, is located on the Vanderbilt
Beach Road Extension, approximately 2 miles east of the Vanderbilt Beach Road (CR 862)
and Collier Boulevard (CR 951) intersection, in Section 31, Township 48 South, Range 27
East, Collier County, Florida. (CTS)
2/23/20109:00:00 AM
Meeting Date:
Prepared By
Kay Deselem, AICP Planner, Principal Date
Community Development & Zoning & Land Development Review 12/22/20096:27:39 PM
Environmental Services
Approved By
-
Ray Bellows Manager - Planning Date
Community Development & Zoning & land Development Review 12/23/20091:17 PM
Environmental Services
Approved By
Nick Casalanguida Director - Transportation Planning Date
Transportation Division Transportation Planning 12t28/20091:00 PM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 12/29/2009 12:52 PM
Approved By
Norm E. Feder, Alep Administrator - Transportation Date
Transportation Division Transportation Administration 12/30/20094:34 PM
Approved By
William D. lorenz, Jr., P .E. Director - CDES Engineering Services Date
Community Development & Engineering & Environmental Services
Environmental Services 1/11/201010:59 AM
,._-, Approved By
Heidi F. Ashton Section Chief/Land Use-Transportation Date
Agenda Item No. 8A
February 23,2010
Page 9 of 189
County Attorney
County Attorney
1/12/201011:23 AM
Approved By
Jeff Klatzkow
County Attorney
Date
1/13/20101:26 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/28/20103:20 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
2/13/20101:56 PM
Agenda Item No. SA
February 23, 2010
AGENDA Iffloo 9~f 189
Co~'Y Cou.nty
~~--
-
SUPPLEMENTAL STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: DECEMBER 3,2009
SUBJECT: RZ-2008-AR-13951, OLDE FLORIDA GOLF CLUB, INC.
PROPERTY OWNER/AGENTS:
Owner:
Olde Florida Golf Club, Inc.
9405 Vanderbilt Beach Rd Ext.
Naples, FL 34120
Agents:
Margaret C. Perry AICP
Senior Project Planner
Wilson Miller
3200 Bailey Lane, Snite 200
Naples, FL 34105
REOUESTED ACTION:
John Passidomo, Esquire
CheffY Passidomo
8215thAve. South
Naples, FL 34102
The petitioner wishes to rezone 553.67:J: acres from the Golf Course CGC) zoning district to the
Agriculture CA) Zoning District for a project known as the Oloo Florida Golf Club.
PROJECT STATUS:
The CCPC heard this petition on April 2, 2009, and by a unanimous vote (8 to 0) recommended
forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of
approval subject to the following stipulations:
Supplemental Staff Report for 12/3/09 CCPC
Olde Florida Golf Club, R2-2008-AR-13951
Revised 10/30/09
Page 1 of6
Agenda Item No. 8A
February 23, 2010
Page 11 of 189
1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses,
and it shall be subject to the rules and regulations for golf course operations for properties
designed as neutral lands under the County's Growth Management Plan,
2. No density has been awarded by virtue of approval of this rezone,
3, Any uses or changes shall be brought back to the Collier County Planning Commission in
the form of a Planned Unit Development process for review and approval of all categories
as if it were a Planned Unit Development.
4, The setback on the western boundary of the property shall be 100 feet to allow County to
acquire easements, if needed, in the future.
The petition was scheduled for a June 9, 2009 Board of County Commissioner's (BCC) hearing,
but the petitioner submitted a continuance request on April 30, 2009, asking that the petition be
continued to September 9, 2009, The petitioner stated that the continuance was being requested
to allow the petitioner to coordinate "with staff to work through/understand the CCPC
recommendation." (See Attachment # I).
The petitioner has indicated that he wishes to have the ccpe re-visit stipulations 2 and 3 that
were included in the CCPC recommendation because he believes the stipulation wording is
confusing. In any case, the petitioner has submitted a Conceptual Rezone Master Plan dated
October 2009 (See Attachment #2), to address the CCPC concerns, The CCPC discussion at the
April 2, 2009 hearing and the subsequent stipulation #3 indicated that that the CCPC did not
appear to have any comfort level without some details about the proposed development (See
Attachment # 3, Excerpt from the April 2, 2009 CCPC minutes).
In response to Stipulation #3, the petitioner depicts a "future development envelope" on the
Conceptual Rezone Site Plan within which any additional permitted uses, such as dwelling units
could be constructed. This document includes the applicable property development regulations of
the Rural Fringe Zoning District from the Land Development Code (LDe) to which development
on this site would adhere.
ATTACHED INFORMATION:
The Staff Report prepared for the April 2, 2009 Planning Commission meeting is attached (See
Attachment #4) along with a draft Ordinance that includes the CCPC original recommended
stipulations (see Attachment #5). Another draft ordinance (see Attachment #6) has been provided
that removes the original stipulations 2 and 3 and renumbers the remaining stipulations.
In addition, the supplemental information provided by the petitioner is attached to include:
I) A eonceptual Rezone Master Plan dated, October 2009 (See Attachment #2)
2) A letter dated August 20, 2009 (see Attachment #7)
Supplemental Staff Report for December 3, 2009 CCPC
aide Florida Golf Club, RZ-2008-AR-139S1
Revised November 3, 2009
Page 2 of6
Agenda Item No. 8A
February 23, 2010
Page 12 of 189
~,,--
ANALYSIS:
Environmental Review: Environmental staff has reviewed this petition and has concerns about
the document that has been provided by the petitioner, Section 10.02,02 A 7 h of the Collier
County LDC lists exceptions to the Environmental Impact Statement (EIS) for conventional
rezones without a site plan. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of the following zoning, overlays or
critical habitats: Conservation (CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending
Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to be critical foraging habitat for
listed species.
This rezone petition no longer meets this exemption. An EIS review and approval by the
Environmental Advisory Council (EAC), including preserve designation, should be required at
this time since the location of required preservation may significantly alter the site plan provided
by the applicant.
Zoning Review: The Department of Zoning and Land Development Review staff has reviewed
the concerns raised by Environmental staff and the information provided by the petitioner. Staff
has also reviewed the minutes of the April 2, 2009 CCPC hearing.
.- Zoning staff recognizes the concerns raised by Environmental staff, but believes Note #5 on the
conceptual plan makes it clear that it is not the petitioner's intention to side-step any
environmental issues with the submission of this conceptual plan. It is staffs opinion that the
petitioner is attempting to reach a compromise between the CCPC's request for more detail, while
taking advantage of the LDC's allowance for conventional rezoning requests wherein a petitioner
has the opportunity to rezone without strict adherence to a detailed site plan. Furthermore, the
petitioner acknowledges that any subsequent developments applications would include an EIS
and future projects would be required to undergo EAC review.
The petitioner wants the CCPC to remove stipulations #2 and #3. The petitioner believes that the
Growth Management Plan (GMP) and LDC offer sufficient regulations and safeguards to address
the development of the subject tract if the rezone to the Agricultural Zoning District is approved
without those stipulations.
The petitioner wishes to have Stipulation #2 removed as it is unnecessary because no specific
density was sought as part of this rezoning request thus the GMP requirements would be the
prevailing document to address density when further development order approvals (beyond
rezoning) are sought. The developer would have to comply with whatever density regulations are
in effect at that time,
..
The petitioner wishes to have Stipulation #3 removed, finding that it is confusing given the type
of request, Le., a "conventional" rezone request, not a PUD rezone request. Requiring future
development order submittals (SDP and/or Plats) to be approved by the CCPC "for review and
Supplemental Staff Report for December 3, 2009 CCPC
Olde Florida Golf Club, RZ-2008-AR-13951
Revised November 3, 2009
Page 3 of6
Agenda Item No. 8A
February 23, 2010
Page 13 of 189
approval of all categories as if this petition were a Planned Unit Development is a confusing
stipulation. Staff notes that the BCC has not adopted any fee to cover the cost of this type of
application and there are no review criteria in the LDC with which to review a rezone petition as
if it were a PUD. A project either is, or is not, a PUD. In this case the project is not a PUD, In
any case, SDP and Plats are NOT reviewed by the CCPC for other for projects, whether the
zoning designation is PUD or some conventional zoning district.
The BCC has implemented the LDC which contains procedures for staff to review applications
seeking development approval review, such as the SDP process or the platting process. The SDP
process is administrative, allowing staff to review the submittal for compliance with all
appropriate regulations. The SDP procedures contain adequate safeguards to address all site-
related issues. Development of the site would need to be compliant with all requirements. In the
platting process, while the majority of the review is done administratively, the final plat does
require BCC approval. There is no need to require another review process for this project; the
regulations now in effect should adequately address and protect the public health, safety and
welfare.
As noted above, the petitioner placed the applicable property development regulations of the
Rural Fringe Zoning District from the LDC on the site plan. Again, this is only a reiteration of
the requirements of the LDC; it is no more than, or no less than, what any similarly situated
developer would be required to comply. The requirements would be applicable whether they are
contained on an exhibit provided by the petitioner or not.
Stipulation # I, although reiterations of LDC and GMP, is a site-specific stipulation related to a
unique circumstance on the subject site. Stipulation #4 is a site-specific stipulation related to a
unique circumstance on the subject site as well. The petitioner does not object to stipulations #1
and #4.
COUNTY ATTORNEY OFFICE REVIEW:
.
The County Attorney Office has reviewed this supplemental staff report for RZ-2008-AR-1395I
revised on November 3,2009,
STAFF RECOMMENDATION:
The Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward a recommendation of approval of Petition RZ-2008-AR-13951 to
the Board of County Commissioners (BCC), subject to the following stipulations:
1. The property will retain the Audubon Cooperative Sanctuary Program for its golf
courses, and it shall be subject to the rules and regulations for golf course operations for
properties designed as neutral lands under the County's Growth Management Plan.
Supplemental Staff Report for December 3, 2009 CCPC
Olde Florida Golf Club, RZ-2008-AR-13951
Revised November 3, 2009
Page4of6
Agenda Item No. 8A
February 23, 2010
Page 14 of 189
2. The setback on the western boundary of the property shall be 100 feet to allow County
to acquire easements, if needed, in the future,
Attachments: #1 Petitioner's Continuance Request
#2 Conceptual Rezone Master Plan dated October 2009
#3 Excerpt from the April 2, 2009 CCPC minutes
#4 April 4, 2009 CCPC Staff Report
#5 Draft Ordinance with the original CCPC recommended stipulations
#6 Draft Ordinance with REVISED stipulations
#7 Petitioner's letter dated August 20, 2009
Supplemental Staff Report for December 3,.2009 CCPC
Olde Florida Golf Club, RZ-2008-AR-13951
Revised November 3, 2009
Page 5 of6
Agenda Item No. 8A
February 23, 2010
Page 15 of 189
PREPARED BY:
~ IO~1/01
KA D ELEM, Alep, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
/0/50/0;
RAYMON V. BELLOWS, ZONING MANAGER I DA"UE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~{Y1.~ II/if Lor
....sUSAN M. ISTENES, AICP, DIRECTOR I DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
///rff
S PH K. SCHMITT ADMINISTRATOR I ATE
MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the January 26, 20 I 0 Board of County Commissioners Meeting
COLLIER COUNTY BANNING COMMISSION:
~~
It In/Dc;
DATE
Supplemental Staff Report for December 3, 2009CCPC
aide Florida Golf Club, RZ-2008-AR-13951
Revised October 27,2009
Page 6 of6
Agenda Item No. 8A
February 23,2010
Page 16 of 189
eo1ftr County
-..- '\ ~-
- -- . ~ --]1"'. bw.......
REQUEST FOR CONTINUANCE OR WITHDRAWAL
CHECK ONE:
CONTINUANCE
J'
WITHDRAWAL
If a continuance is requested, please indicate: 'enoth of time: to:
9"1::J-o~1 OR indefinite:
,
From:
Planning Commission
Board of County Commissioners v.....
1. Date of Scheduled Hearing: (;,. "1-0 '1
2. Applicant/Project Name: 6L')'."~ R:J"1C;~t (;.,c//.' (.'M~
3. Application/Petition number: J?z.-,;;:ICC:[,' "',4R - 1:$"15-/
4. Type of Application (examples: Rezoning, Conditional Use ~r Variance) Ife.zr..'f<e,
5. Reason for Request: (Col't':t/~:~,<tj' i.,hJ!) :-.~'ilttfl tll"SDi~II?/rc"J' Ji
u."..ole-','Tw",J a:?c:. It'i:cMMr;1/ft-;+'/'MS
.
UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525,
I DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED
IN IT ARE TRUE.
/1
~-JoOI
DATE
ANT OR AUTHORIZED AGENT
/1().('i.7c.urJ 'f3'j
PRINTEP NAME
Address:
5:){n boAI'') /0'16': .5:"; k ,):7/
Street, /
AI rkJ ~ 3'i/o:)'
fty, State Zip
G 'Ii ~ yoi../o
Phone number
r;,V3- 57!?'
Fax number
G:lcurrenlldeselemlREQUEST FOR CONTINUANCE OR WITHDRAWAL doc
Attachment #1
Agenda Item No. 8A "
February 23,2010
Page 17 of 189
[15'T"f1'E-Et'
lANDSCAPE BUffER
PER LDC.
PEJm' BOUNDARY
(rtP~
,
/IlIi
I
vACNCf (A-MHO)
...... -' -' -..'
...... ',-' -....
...... -......
.. -........ -..
... -..........
.......-
--
wmlI4~ClO
.....',' " " EXISTING..'....
.'...'... .GOIISERw.1I0tl,...
': ':-:.: ': ':EAsEtmtT.':':':
PER !DC,
NO BUffER
-
VACNCf (A-MHO)
EXr.>nNG CONSERVA~N
EASEMENT PER LDC,
NO Bl.IFfn
REQUIRED
GOLF CLUB OF
THE EVERGlADES
(A)
VM!Nff
(A-MHO)
PER LOCo
NO BUFFER
REQUIRE1>
WEll
._~otR8Il..T SEACK.,.~
PER wo.
NO BUFFER
REOIJlREl)
SINGLE FAMilY HOMES (E)
Attachment #2
PROJECT: OlDE FLORIDA GOLF CLUB
CLIENT: OlDE FLORIDA GOLF CLUB
......N.-ItW~
Wi/.Mil", _m'''-.-~
f'fannfl" . EnglnHrI. EeobgjstI. SvmYOl"l . Landscape: Ard1itecIt . Trsnsporlaliofl ConstJl8nlf
WilsonMilfer, Inc.
SCALE:
"'"
N.T,S.
lVi: (:
DATE:OCT: 2009
R(V MOo
32OOSIhy~ &M200. Napet,Rorlda 34105-8507. Phone ~. Fu. 239-2.63"5494 . Wlib-S!te WlI1I'.ll\illMmIer.com
Nov 02, 2009 - 14:08: JUGHTEL!X:\ENG\t-I010
ROJ C1 MO. I>lDEX NO:
N0107-015-001 DO-N0107-Clro
DIlWN 6Y/EIoIP NO. SH€ET NO:
J.M.L 1322 1 Of 2
OOJ_OF'GC(rezone)\REV01\OD-N0107-003001-.4..dw9
aae 0
itLEGEND NOTES: it
1. SINGLE fAMILY RESIDENTIAl DWELLING UNITS AND OTHER USES LISTED IN
LO~F~~TlON 2j~~?a.A.3.o,(1) ARE PERMITTED AS OF RIGHT ON THE lAND.
AceE ORY ANn ONDlTIONAL USES ARE PERMITTED AS AND TO THE .. ~
t EXTENT DESCRIBED IN LOC SECTION 2.03.0B.A.J.a.(2) N-JD (3). DEvELOPMENT
D SHAlL CQMPL Y WITH THE DENSITY. DIMENSIONAL AND DESIGN STANDARDS
EXISTING CONSERVATION CONTAiNED IN LOC SECnON 2.0J.OO.A,,J,D. AND c. AND THE NATNE VEGETATIO
- - EASEMENT RETENTION AND USABLE OPEN SPACE REQUIREMENTS IN lVC SECTION
. . 2.03.06.A.J.d. AND e., COPIES OF' WHICH ARt INCLUDED ON THIS PLAN
AND INCORPORATED HEREIN BY REfERENCE.
D 2. PRINCIPAL STRUCTURES SHAlL BE SETBACK A MINIMUM OF' 25 FEET tROM Rim
" '--' ,',. PRESERVES. ACCESSORY STRUCTURES SHALL BE SETBAQ< A MINIMUM OF'
'. ,-, " EXISTING NATIVE VEGETATION 10 FEET FROM PRESERVES.
......... -..-' WITHIN GOLF' COURSE
,. THE FACilITIES AND IMPROVEMENTS SHOWN ON THIS CONCEPTUAl REZONE
MASTER PLAN, SHALl BE CONSIDERED CONCEPTUAL IN NATURE. THE DESIGN.
LOCATION AND CONrlGURAnON OF' THE lAND IMPROVEMENTS SHAll BE
DH1NED AT SITE PLAN APPROVAl OR SUBOMSION PLAT APPROVAL.
~ F'UTURE DEVELOPMENT ENVElOPE 4. lAND USE AREAS ARE CONCEPTUAl AND SUBJECT TO RELOCATION/CHANGE
PRIOR TO CONSTRUCTION PERMITIlNG.
,. THE AREA DEPICTED AS .. FUTURE DEVELOPMENT ENVELOPE" IS THE AREA
WITHIN WHICH fUTURE DEVELOPMENT ON THE PROPERTY WILL OCCUR. THE
DElINEATION AND DESIGNATION Of A PRESERVE AREA Will BE MADE AS AND
. WHEN REOUlRED BY THE GROWTH MANAGEMENl PlAN AND lAND Df:VELOPMENT
EXISTING" NATIVe: VEGETATION REGULATIONS.
NOT INCLUDED WITHIN
CONSERVATION
EASEMENT
it NATIVE VEGETATION CALCULATION
[ x..v./\.",<<.< REQUIRED
\(.....,... y"",.""'),: GOlf COURSE BUffER ZONE
r," .v',\- . EXISTING NATIVE VEGETATION WITHIN GOLF COURSE 88.4 ACRES
>,>.:"':'~'>;.:~_x." .:.
EXISTING CONSERVATION EASEMENT 51.0 ACRES
EXISTING NATNE VEGETATION OUTSIDE GOLF :I: 250 ACRES
.. COURSE
- - FUTURE DEVELOPMENT ACCESS TOTAl EXISTING NATIVE VrG(1ATlON :!:389.4 ACRES
PROJECT BOUNDARY REQUIRED NATIVE VEGETATION (GOr.) .t 233.6 ACRES
PROVIOED
FUTURE DEVELOPMENT AREA
EXISTING NATIVE VEGETATION WITHIN GOlf COURSE 88.4 ACRES
EXISTING CONSERVATION EASEMENT 51.0 ACRES
POTENTIAL NATIVE VEGETATION PRESERVATION AREA
(INCLUDES 150' BurFER. EXCLUDES NON-NATIVE ::I: 94.2 ACRES
VEGETATION)
TOTAL TO BE PRO~OED :f:23.3.6 ACRES
NOTE:
THE ABOVE NATIVE: VEGETATION CAlCULATIONS ARE APPROXIMATE AND MAY
VAAY AT THE TIME Of DtvElOPMENT. fiNAl ACREAGE OF RETAINED NATIVE
VEGETATION Sl-tl\ll NOT BE LESS THAN 6ar. OF THE EXISTING ONSITE NATIVE
VEGE1ATION (i.e., :t 233.6 ACRES)
PROJECT: OLDE FLORIDA GOLF CLUB
CLIENT: OLDE FLORIDA GOLF CLUB
Wi/_Miller ~1I;,'1l.lJ:f~~
~r.~-CcrliiUoI~fCJ
SCALE: OAT(:
" N.T.S. OCT, 2009
Pfmren . Efvineera . Ccofog/lla . Surveyors . Landscape Architects. Tnmspor!sfion Consullanl, SEe: TW?: RGE: A(VNQ,
WilsonMiUer. Inc. PROJEC'lNO. INDEX NO;
I N0107-015-001 DD-N01D7-003
OFfW'-I 6Y!EM'" NO. SI1EtJ'-IO:
3200 &hy lint. Slk 200 . Nap/e8. F/orIds 34105-8507 . fhOlle 23H4!H04O. F& 239-263-6494 . Web-SIe www.wIBoomRer.com J.M.L./1322 2 '" 3
Nov 02. 2009 14:08: JUGHTEljX:\ ENG\NO 1 07\00.3- OFGC_ {rezone)\REVD I \DO-NO 107 003001 -A.dwg
Agenda Item No. 8A
February 23, 2010
P 18 f 189
<.
Agenda Item No. 8A
February 23, 2010
Page 19 of 189
II
lDC SECTION 2.03,08,A.
b. Denslt)'.
(1) Moximum gr08B density. The maximum gross density in neutral lands shall not exceed one dwelling unit per five gross ocree (02 dwelling
units per acre), except that the maximum 9"0$$ density for those Iegol nonconforming lots or parcels in exililence as of June 22. 1999, aholl be
one dwelling uni1 per lot or porosl.
(2) Reaidentiol clustering, Clustenng of residential development is ollowed and encoIJI'oged. Where clustered development is IIImployed. it sholl be in
occordcmce with the following provisions:
(a) .. within the boundaries of the Rural Transition water and Sewer District, 0$ delineated on the Urban-Rural Fnn96 Transition Zone OYorley
Mop in the Future Land Use Element of the GhlP, and consistent with the provisions of the Potable Water and Somtory Sewe, Sub-elemente of
thle Pion, central water cnd sewer sholl be extended to the project. Whltfe County sewer or waler services may not be available concurrent with
deve40pment in nevtrol lands. interim privote water and .ewer facilities may be approved.
(b) The clustered development IShan be locotad on the site $0 as to provide to the greatest delijree practicable:
I. protection for lisied ~cies habitat;
Ii. prell.NOtlon of the highest quality native vegetat10n
iii. connectivity to adjacent ncturol reservations or preservation areos on adjacent development: b? and
iv. creation. malnteoance or enhancement of wildll1e corriclon:.
(c) The minimum project size sholl be at least 40 acres.
c. [)imeneional and design standards. Olmensianal and DeSign Standards set forth in eection 4.02.01 of this Code sholl apply to aU development In
neutral landl. except for development uUfizing the residential clusterIng provisions in sectIon 2.03.08 (A)(.3)(b)(2) above. In the cose of such clustered
development, the folklwing dlmenslonol st.andords shan <lPPIy to all permitted housing structure type,. Qccessol')'. and conditional use.:
(1) Development tnat is Not C1usteftJd:
(0) Minimum lot orea: 5 Acres.
(b) Minimum lot widln: 165 Feet.
(c) IoIinlmum yard Requirements:
i. Front yard: 50 feet
ii. SIde yard: 30 feet
iii. Reor yard: 50 feet
iv. Nonconforming lots in existence 08 of June 22. 1999:
0) front yard: 40 feet.
b) Side yard: 10 percent of lot. width, not lo exceed 20 feet on each side.
e) Rear yard: 50 feet.
(2) Development tnot is Clusteretl.
(0) Minimum lot area: 4,500 square feet.
(b) Moltimum lot oreo: One Acr..
(c) Minimum lot width: Interior lots 40 feet.
(d) Moltimum lot width: 150 feet.
(3) Height Umltations.
(a) Princlpal:.'55 feet.
(b) Accessory: 20 feet. except fot screen encla~re.. which may be the same height <;\19 the principal structure.
(c) Golf course/ctlmmunity clubhouses: 50 feet.
(4) Floor area. The minimum floor oreo for each dwellin9 unit sholl be 800 square f8flt.
(5l Parking. As required in Chapter 4.
(6 landscaping. AA required In Chapter 4.
(7 S'1CJI'l$: As required in section 5.06.00.
d. Native vegelation retention. Native vegetation sholl be preserved 05 set forth Il'l Chapter 4.
e. Usoble open space.
(1) Projects of 40 ccres or more in size sholl provide 0 minimum of 70" usable open apace.
(2) Usable open space includes active or passive recreotion areas such os porks, plcygrounds. golf cours". waterways, loke.. nature trai18. and
other similar open spaces. USQble open spoce sholl 01$0 include areas set aside for conservation or preurvatlon of notive vegetation and landscape
oreos.
(3) Open woter beyond the perimeter of the site. street right-of-way. except where dedicated or donated for public u&es, drivewoys. off-street
parking ond loocling areas. shall not be counted towards required usable open spoce.
.& SITE SUMMARY
OPEN SPACE
AREA
146.7 ACRES
TOTAL PROJECT AREA
REQUIRED OPEN SPACE (70::>:)
EXISTING OPEN SPACE PROVIDED (GOLF' COURSE)
ADDITIONAl OPEN SPACE REQUIRED
553.7 ACRES
387.6 ACRES
274.5 ACRES
113.1 ACRES
TOTAL PROJECT AREA
GOLf COURSE
EXISTING GOLF COURSE/CLUBHOUSE
EXISTING NATIVE VEGrTATION WITHIN GOLF' COURSE
(TO REMAiN)
EXISTING CONSERVATION EASEMENT
fUTURE DEVELOPMENT AREA
FUTURE DEVELOPMENT AREA
100' SETBACK
OTHER AREA (OUTSIDE DEVELOPMENT AREA)
553.7 ACRES
88.4 ACRES
51.0 ACRES
192.2 ACRES
12.1 ACRES
37.S ACRES
PROJECT:
CLIENT:
OlDE
OLOE
FLORIDA GOLF CLUB
FLORIDA GOLF CLUB
IOOCXNO;
DO-tf0107-003
ORWN 8Y;t~p 1>10... . SHtE\' HO:
~Bsieyw.&b200.Napfea,FbrkA34J)5-80tJ7.f'hcne ~.Fu. Z39-263-6494.Web-Sffo Wl'IIf'.~.com J.M.L/1.322 :5 Of:5
Nov 02, 2009 - 14:08: JUGHTELjX:\ENG\N0107\003-0F"GC(rezonehREV01\OO-N0107-003001 A.dwll
PIBMorI . _ . Eco/ogIola . S<rYoyors . L."isc,pe ArdJ/fBctB . 1fansportalJon """....,,.
W'dsonMiller. Inc.
WiI.Nliller
..
MwNIfr~~tf~",
.
SEC:
N.T.S.
TWP:
lfGt:
DAtE"'
OCT. 2009
R{;.VNQ:
""",
PROJECNCf,07_015 001
Agenda Item No. 8A
February 23,20,10
Excerpts from April 2, 2009 Page 21 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
And third, while continuing use of the part of the property for the existing golf course, to
provide flexibility for a broad range of pennitted uses to be able to respond to market conditions as
they emerge for the balance of the property.
No development plans are proposed because at this stage none are being considered. A
standard rezone application that does not require a master plan is therefore presented to you for
consideration this morning.
We appreciate staff's recommendation of approval and respectfully request your
recommendation to the Board of County Commissioners of approval.
rn be happy to try to respond to any questions you may have, Mr. Chairman.
CHAIRMAN STRAIN: Well, that was short, John. Thank you.
Mr. Murray?
COMMISSIONER MURRAY: Good moruing, sir.
MR. P ASSIDOMO: Good moruing, sir.
COMMISSIONER MORRAY: Would you be kind enough to illustrate there -- we have that
on the computer screen. Would you show us where the houses would be built, if you know?
MR. P ASSIDOMO: We don't know.
COMMISSIONER MURRAY: Do you know whether or not the golf course will be impacted
as a result of this building?
MR. P ASSIDOMO: We assume not, but we don't know.
COMMISSIONER MURRAY: So it is possible that the golf course can be reconfigured, or it
could be -- I think there are two golf courses there, right?
MR. PASSIDOMO: There is one existing golf course. There were two originally
contemplated.
COMMISSIONER MORRAY: Oh, I see.
MR. P ASSIDOMO: But there's one existing. And there's no market for a second golf course.
COMMISSIONER MORRAY: Right. Well, I was concerned whether or not you were going
to reconfigure the golf course and move it around in anticipation of putting housing in.
MR. PASSIDOMO: No, Mr. Murray. The likelihood of that is extraordinarily remote.
COMMISSIONER MORRAY: Okay. All right. And let me see if I had one more question.
Oh, yes. In utilities review, I noted that -- okay, the county may not be in a position yet to
move out there with sewer and water and so forth. I think they have water, they don't have sewer.
How will the -- what is it, one to five acres? Will they put in a septic system now or can they
facilitate by also introducing sewer, piping? Is that part of the plan?
MR. PASSIDOMO: There is no plan. There's nothing on the radar screen. And they'll abide
by the regulations as they're in place at the time when they're prepared to move forward.
COMMISSIONER MORRAY: So that would become an additional expense at a later time.
MR. PASSIDOMO: Yes, sir.
COMMISSIONER MORRAY: Probably considerable as well. Okay, thank you.
CHAIRMAN STRAIN: Mr. Midney?
COMMISSIONER MIDNEY: Yeah, I have a question. It's probably my own ignorance, but
why are you going to agricultural zoning as opposed to a PUD? It's not that you're contemplating
farming the area. Could you explain that to me, please?
MR. P ASSIDOMO: Thank you, Mr. Midney.
Attachment #3
Page 2 of 32
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 22 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
Well, we wanted to do three things, as we indicated: Most importantly to align the uses in the
zoning with the uses as contemplated for neutral lands under the Growth Management Plan. And those
pennitted uses as of right include not only agriculture but also the single-family dwelling units and the
golf courses.
The existing zoning land only permits golf courses as a permitted use. We want to be able at
the appropriate time, when the market can accommodate it, be able to respond to a demand for any of
the uses within the rural lands agricultural zoning designation.
COMMISSIONER MIDNEY: And I had another question, too.
Under maximum density, it's one dwelling unit per five gross acres, but for maximum lot sizes
only one acre. Could you explain that discrepancy.
MR. P ASSIDOMO: You may wantto ask staff. That's what the code says.
COMMISSIONER MIDNEY: Oh, okay.
CHAIRMAN STRAIN: Are there any other questions of the applicant?
Mr. Kolflat, then Mr. Schiffer.
COMMISSIONER KOLFLAT: What is the tax burden on that property at the moment, and
how will that be affected with a change of zoning?
MR. PASSIDOMO: Mr. Kolflat, I don't know what the tax burden is. I think I may have the
property appraiser's record somewhere. But unlike the typical kind of situation where you can
eventually expect to see when you down-zone -- when the property's zoned agriculture, the amount of
uses are reduced. Here the amount of uses would actually be increased. So we have no way of
knowing how the property appraiser will look at this piece of property.
But the appraisal will not - the appraised value will not go down because the amount of uses
that actually are permitted will go up.
COMMISSIONER KOLFLAT: But the taxes would go down, would they not, with this
change?
MR. PASSIDOMO: No, sir. No, sir. Because right now the property can be used for only
golf course and related facilities. Upon the standard rezone, the property could be used for golf course
but could also be used for agriculture and for single-fiunily dwelling units. So there's no reason to
believe the taxes would go down.
COMMISSIONER KOLFLAT: Thank you.
CHAIRMAN STRAIN: Mr. Schiffer?
COMMISSIONER SCHIFFER: Access to the site right now is through an extension of
essentially lining up with Vanderbilt Beach Road; is that right?
MR. PASSIDOMO: That's right, Mr. Schiffer. There's I think an Existing Conditions Access
Management Plan that Mr. Perry may have submitted. I'd be happy to display it, if you'd like to see it.
But there's a series of publicly dedicated right-of-ways and private easements that lead in that
two miles from Collier Boulevard.
COMMISSIONER SCHIFFER: And does this property have -- in the extension of Vanderbilt,
where will this property be located, on the other side of the canal or on -- in other words, where does
the Vanderbilt extension go in relation to this property?
MR. PASSIDOMO: There is also a Future Conditions Access Management Plan that's in this
subrnittal. And I'll be happy to display that, if you'd like to see it.
Attachment #3
Page 3 of 32
Agenda Item No. SA
February 23, 2010
Excerpts from April 2, 2009 Page 23 of 1'89 _ .
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
You can see that. I think what you see there is the future condition with the realigned
Vanderbilt Beach Road extension, and then a connector illustrated in the yellow highlight, connecting
that to the existing right-of-way pattern that runs east/west.
And again, that's in the materials I think that were circulated to you,
COMMISSIONER SCHIFFER: And that's in the packet? Anybody else find it?
You said it's in here somewhere?
COMMISSIONER CARON: It's attached, Commissioner Schiffer, to a sheet that is labeled
excerpt from January 28th, 2009, letter from the agent responding to county questions.
COMMISSIONER SCHIFFER: Thank you.
MR. PASSIDOMO: Thank you, sir.
CHAIRMAN STRAIN: Did you have anything else, Brad?
COMMISSIONER SCIDFFER: So essentially what's going to happen, the extension is going
to hop across the canal, and you'll be on the other side of it, as opposed to running -_ why wouldn't it
be - well, I think that's a -- never mind. Logic long gone,
CHAIRMAN STRAIN: Any other questions of the applicant?
(No response.)
CHAIRMAN STRAIN: John, can you put that thing that was back up here up there? Ray, or
whoever had the overhead on there, could you leave the one that was on the overhead on? I don't
know who had it. No, not that one, the original one you started with. Okay.
That piece of property is owned by -- how is that -- I think I read the disclosure, 275 different
people?
MR. P ASSIDOMO: 275 different people are the shareholders in the corporate entity of Olde
Florida Golf Club that's the lot holder.
CHAIRMAN STRAIN: Okay. And are they divided up into lots so you know what they own,
or they just own a piece of that whole thing?
MR. PASSIDOMO: The corporation owns--
COMMISSIONER MURRAY: Yeah, the corporation.
MR. PASSIDOMO: The shareholders own the corporation.
CHAIRMAN STRAIN: I know, Mr. Murray, I know the answer, I wanted it for the record
from Mr. Passidomo.
Thank you.
Through their ownership process, when did that corporation -- when was that corporation
formed as the owner of this property?
MR. PASSIDOMO: I frankly don't know. I think the property was acquired in two different
parts, one in 1993 and one in 1997. But beyond that, I don't know.
Mr. Barton's here and he could give you some historical perspective, if you'd like him to
testify.
CHAIRMAN STRAIN: Do you know when the corporation was formed?
MR. PASSIDOMO: No, sir, I don't.
CHAIRMAN STRAIN: Okay. In the agreement that was signed by this group for the
Ordinance 91-16, it says the -- it's on Page 3 of the recorded instrument. On the top on number four,
last item said -- it said, the applicant should be advised that future land development activities in the
area may be subject to future land use control, consistent with the above regulations.
Attachment #3
Page 4 of 32
Agenda Item No. SA
February 23, 2010
Excerpts from April 2, 2009 Page 24 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
I've heard you talk, and you keep referring to this as going back to ago land. Well, this is a
neutral area in the rural fringe. I'm sure you mean neutral area, is that -- it's going back to neutral lands
designation?
MR. PASSIDOMO: Yes, it is. It is clearly designated neutral lands right now. I didn't mean
to suggest it's going back to the same agricultural zoning it enjoyed in 1991. It's going back to a newly
created land use zoning category which is neutral land agriculture.
CHAIRMAN STRAIN: Okay. I have a series of other questions, but I've certainly got to get
transportation up in a minute.
COMMISSIONER MURRAY: Yeah.
CHAIRMAN STRAIN: The applicant shall grant a maintenance easement to South Florida
Water Management District/Big Cypress Basin over that portion of this property which lies within the
needed 20-foot maintenance easement along the Cypress Canal, measured from the top of bank.
Do you know if that's been done? .
MR. P ASSIDOMO: No, sir, I don't. I assume it has been done, but I have no reason to believe
it has not been done.
CHAIRMAN STRAIN: Okay. There's a paragraph in this agreement concerning the roadway,
and it concerns Vanderbilt Beach Road. And I notice from one of the aerials provided in the package
that Vanderbilt Beach Road extends from 951 straight over until it hits your property, and then it has to
cross the canal.
And I'm not sure after that where it goes, because my maps don't go that far. But based on a
reduced aerial, I notice that the other properties to the east have land to the south of them, it looks like
enough to fit the road. Yours seem to be the only problem in that extension.
And that extension, by going across the canal, has created additional cost for bridges and taken
out people's homes. Yet in your agreement that was signed -- and this is more of a question for staff, I
don't know how it's going to affect you yet, but I want to make sure I state it for the record so staff can
explain it when I get transportation up here. The petitioner shall extend the Vanderbilt Beach Road
from its terminus to the project's west property line. Such construction shall be in accordance with
county standards as set forth in Ordinance 82-91, in the subdivision regulation's ordinance 76.6.
The roadway shall parallel the southern boundaries of Sections 35 and 36, Township 48 South,
Range 26 East and positioned adjacent to the Cypress Canal to the south.
And it looks like that's what was done.
So transportation will have to explain this, but it's apparent that the road was intended to go
straight through, but for some reason they didn't go through your property. I think that's convenient for
you. I'm not saying it's wrong or right, but I want to understand staff's reasoning on that. So that's why
I belabored this point a little bit, to explain to you where I'm going to go next with them.
I see Mike Green back there, he's going to have fun with that.
The staff report says you intend to preserve the IS-hole golf course and permit the addition of
up to 110 single-family homes. Do you know how that 110 was arrived at? How did you come up
with that number?
MR. PASSIDOMO: It's a function of the zoning under the proposed zoning district, one unit
per five acres. .
CHAIRMAN STRAIN: How do you figure that's five acres for that? Because according to
the neutral lands LDC requirements under density, maximum gross density: The maximum gross
density in neutral lands shall not exceed one dwelling unit per five gross acres (.2 dwelling units per
Attachment #3
Page 5 of 32
Agenda Ilem No. SA
February 23,2010
Excerpts from April 2, 2009 Page 25 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
acres), except that the maximum gross density for those legal nonconforming lots or parcels in
existence as of June 22nd, 1999 shall be one dwelling unit per lot or parcel.
Now, your testimony was that that was one parcel by a corporation prior to '99. So that means
you get one unit. I'm just wondering how you get around that.
MR. P ASSIDOMO: No, sir, I don't think we get one unit. The parcel is 554 acres. One unit
per five acres is 110 units.
CHAlRMAN STRAIN: Okay, well maybe J -- or somebody at staff can explain that to me.
Because if you get more units, I think you'd have to go into some kind of TDR process or whatever to
increase the density through the clustering provisions. But if this was one parcel prior to '99 and that
language says that, I don't know how you'd qualify for 110 units.
And by the way, John, I didn't mention this to you when I talked to you yesterday, because as I
told you when you and I talked, I would have to look at this language last night, and so that's when I
read the language.
MR. P ASSIDOMO: Thank you, Mr. Strain.
CHAlRMAN STRAIN: So I didn't have a chance to even bring it up to staff either.
But I certainly, from Kay or staffs perspective, I'd like an explanation of that sentence and
how it applies to this parcel.
And if this isn't considered a parcel that's practical for that application, then where's the
limitation that does say a parcel of such size doesn't apply to that application? Because I don't see it.
MR. PASSIDOMO: Mr. Chairman, I might respectfully suggest that that's a question of
interpretation of the code. We're very comfortable with our own interpretation of the code. And the
question before the commission this morning is simply whether the property is appropriate to be
rezoned from the golf course zoning district to the fringe neutral lands agricultural zoning district.
CHAlRMAN STRAIN: Well, but the -- unfortunately the staff report is replete with
references to 110 single-family homes. And I think you had a TIS or something provided in other
documents that referenced 110.
MR. PASSIDOMO: Yes, sir, we--
CHAlRMAN STRAIN: So they're in the record. Now I want to make sure that the record's
com~ct. And if it takes an interpretation from staff to do that, I certainly want that interpretation before
this - before I can understand what this means, so --
MR. PASSIDOMO: Understood.
CHAlRMAN STRAIN: Just a comment I have to make to you on that one. And when staff
gets up here, we can get into that.
Another thing, since you -- one of the items in your agreement concerning the future land use
-- or future land use regulations that you agreed to abide by, I know you cannot do the Audubon
Signature Program, but is there a commitment that the Audubon's Cooperative Sanctuary Program will
be followed?
MR. P ASSIDOMO: It has in fact been designated.
CHAlRMANSTRAIN: Ok~.
And there was an item, I guess this is a staff issue, on density blending. Because I now find
out that you're not qualified for density blending, so I'll get that clarification from staff. Because that's
inconsistent apparently with the report.
MR. P ASSIDOMO: Don't need density blending.
Attachment #3
Page 6 of 32
-
"~
,.,--^
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 26 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
CHAIRMAN STRA1N: And the last thing I think during the NIM, one resident wanted
clarification there be no commercial uses. I didn't find an answer in this write-up that we received. Is
there any commercial uses being planned for this property?
.MR. PASSIDOMO: No uses are being planned for this property, Mr. Chairman. The __ no
commercial uses are permitted in the zoning district to which we make application, so the simple
answer is that none are contemplated and none will be permitted.
CHAIRMAN STRAIN: Okay.
.MR. PASSIDOMO: Mr. Chairman, if I could respond to the first question about the 1991
agreement --
CHAIRMAN STRAIN: Yes.
.MR. P ASSIDOMO: -- for part of that rezone?
You may want to niake - what I've done is taken the liberty of showing you the existing
conditions. And this is in your packet, so I hope you've had an opportunity to'peruse this before.
But what you can see is this is the two-mile stretch running east on Vanderbilt Beach Road
extension as it exists today from Collier Boulevard. And what you can see from this is that there were
a series of publicly dedicated right-of-ways and private easements that led right up to the Golf Club of
the Everglades.
And what happened upon submission of this, the prior application in 1989 to rezone the
property from ago to golf course is there was not legal access all the way to Olde Florida. And those
proceedings were suspended until Olde Florida was able to actually acquire that last leg that you see
designated there in this kind of yellow color. You see the reference to easement and the recording
information to that easement
CHAIRMAN STRA1N: Yeah, I read all the testimony from November of 1990, I believe, and
then the fmal on February 21 st of '91. And that's consistent with everything that reads there.
But that also strengthens my argument that the intention of Vanderbilt Beach Road extension
was to continue on. How it didn't go through your property but yet they made every other property
prior to yours provide that extension distance is a little pnz<<ling to me. And that's another issue we'll
get into in a minute or two.
MR. P ASSIDOMO: Mr. Chair, you're going to want to pose that to staff, but let me suggest to
you that in 1991 no one thought Vanderbilt Beach Road was going to go beyond this temriii.us. And
Mr. Barton was here at that time, he can testify to that effect It certainly wasn't in the contemplation
of the Board of County Commissioners in 1991 that they were designating an alignment for a road that
wouldn't come to fruition until 15 years thereafter. It was not any plans, it wasn't within contemplation
by anybody.
The simple references in the agreement to which we refer are an absolute insurance that access
was acquired to the property so it didn't -- it wouldn't alter the means of access through the residential
lots in Golden Gate Estates.
CHAIRMAN STRAIN: Well, ironically there's some parcels to the east that have a section or
portions of their property stopping shy of that canal, which to me they would have only done that so a
road was coming through. How it was missed on your proper! -- and it's not -- I'm not saying it's
through any fault of yours. Ijust want to find out from transportation where their mindset was and how
that, if anything, be corrected through any process here today. So thank you.
Mr. Murray?
COMMISSIONER MORRA Y: Yeah, I just want to truly understand.
Attachment #3
Page 7 of 32
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 27 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
I gather that this was -- this is forward ph')1ning now. In other words, you made a statement
that you're not going to do anything with the property, you just want to rezone.
.MR. PASSIDOMO: That's correct.
COMMISSIONER MURRAY: So any change in laxation would only occur on the occasion
of the fust structure being introduced; in other words, a house. Would that be a correct statement?
.MR. PASSIDOMO: Well, you want to talk to the property appraiser about that, but I'm not
sure that is a correct statement. The fact is the property appraiser assessed value of land and
improvements, and one of the things they consider when they assess the value of the land is what you
can do with the land.
COMMISSIONER MURRAY: Right, I understand that part.
In other wprds, the moment you would get the rezoning, the value of the land increases,
effectively, because the laxation rate would be applied; wouldn't that be correct?
.MR. PASSIDOMO: rm not going to acknowledge it's going to increase or decrease, but
somebody could come to that reasonable conclusion.
COMMISSIONER MURRAY: Okay. And I too share the concem that I hear expressed, and I
didn't express mine as strongly as I would like to have with regard to the changes that were made with
regard that road and how others have been impacted by it.
And I appreciate that the corporation sees a future, but I see a juxtaposition there that doesn't
seem very fair to me. But that's just --
MR. PASSIDOMO: Mr. Murray, with all due respect, the only issue in front of the Planning
Commission today --
COMMISSIONER MURRAY: I understand.
MR. PASSIDOMO: -- is the proposed rezone. The Board of County Commissioners made
their determination a couple of years ago as to the appropriate alignment of that road. Presumably
there was a rational basis for their decision, and we respectfully request it's not appropriate to retry that
now when the only issue before the Planning Commission is the rezoning request.
COMMISSIONER MURRAY: I understand that. In my heart, though, I had to make my
comment.
MR. P ASSIDOMO: Thank you, sir.
CHAIRMAN STRA1N: Any other questions of the applicant at this time before we go to
staff?
(No response.)
CHAIRMAN STRAIN: Okay, thank you, John.
MR. P ASSIDOMO: Thank you, Mr. Chairman.
CHAIRMAN STRAIN: Staff report.
MS. DESELEM: Good morning again. For the record, Kay Deselem, Principal Planner with
Zoning.
You do have the staff report, which is revised 3/17 of '09. And you have the -- on Page 1, the
requested action explains the geographic location.
And on Page 2 is the description of the project that coincides with what the petitioner has
explained as well. It shows you the surrounding land use at the bottom of that page.
And on Page 3 it goes into the Growth Management Plan consistency review, and that's
already been hit on to some extent already. It does identify that it's in the neutral lands. Talks about
the maximum density and allowable uses within that, and specifically addresses the golf course or the
Attachment #3
Page 8 of 32
,
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 28 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008~AR-13951, Olde Florida Golf Club
-
,,_..,
-
driving range within that also. And it does talk about some of the Audubon Cooperative Sanctuary
programs that were identified for this parcel. Talks about the native vegetation and preservation
requirements.
And there was a question, it taIks about the density blending, and no density blending is
proposed for the subj eel site.
There was a question posed to staff from Mark Strain, and it has been explained by David
Weeks that this parcel is not applicable to have these density bonus units. So that even though it says
they're not -- blending is not proposed, they don't qualify for it anyway, so they would not be doing
that
There is a transportation element discussion on Page 7 wherein transportation staff fmds that
the roadway network has sufficient capacity to accommodate the maximum density that could be
allowed by the compo planning. Explains the Vanderbilt Beach Road impacts and the County 951
impacts.
Also explains that there are no environmental issues on this particular project as part of the
rezoning. Any issues that would arise would be addressed later in the development order process.
Staff does provide an analysis beginning on Page 7. And it touches on the transportation
review, environmental review, utilities review, and goes into more depth as far as zoning and
development review.
You have rezone findings beginning on Page 9 and going through to the end of the report that
support staffs recommendation that this petition be found consistent with the Growth Management
Plan, and we are recommending approval of the petition.
And as you've already discussed, Michael Green from transportation is also here to address
specific transportation concerus you may have.
With that, if you have any questions, I'll be happy to try to address them.
CHAIRMAN STRAIN: Questions of staff?
(No response.)
CHAIRMAN STRAIN: Hearing none, Kay, I have one, and it goes back to the question. I
read the report where it said the maximum density one per five gross acres, but the italicized reference
from the LDC that was put in our report was not the complete paragraph that's in the LDC when it talks
about maximum gross density. Besides saying it's one to five, it goes on and provides the exception
that I read earlier.
Do you have any -- do you know why that exception wouldn't apply to this case?
MS. DESELEM: This particular portion of the staff report was prepared by compo planning.
But rm not saying that I don't know, I'm just saying that that's where it came from. And I don't know
why it wasn't put in.
But my understanding is that this particular site would be reviewed as an overall site. I don't
know that it would be limited to one unit for the overall size of the project. In fact, in the staff report it
does say that they would be allowed that maximum density of 110 dwelling units.
CHAIRMAN STRAIN: But they derive the density from this simple calculation of the first
few words in the -- under the neutral land designation, which simply said one dwelling unit per five
gross acres, and it didn't tell us if they took into consideration the exception that's there involVing the
date.
And I remember when that happened when -- I was in this county when the Governor put that
moratorium in place. And because they were changing a lot of things, they were concemed about the
-
Attachment #3
Page 9 of 32
,- ,...,._._"._._---~.._-~_.-.-,_.._.--
Agenda Item No. SA
February 23, 2010
Excerpts from April 2, 2009 Page 29 of 1'S9
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
size of some of the lots out there. And I think there was another property to the south called
Hobschrnits (phonetic) or some -- there was a big lawsuit to the south around a large piece of property
over their calculation of density. And I don't remember the name of the owner. It started with an H,
Hubsman or something like that.
But if that's -- if this is applicable, then that 110 is in question. And since that's on the table
here in this staff report, I certainly would like to get an answer for it
And I know David was here. At the time I didn't have the question, because I thought it wonld
be answered by you all, so I should have asked him when he was here this morning, but I failed to do
that. lfhe's listening and could either e-mail Ray or call in or something, I'd appreciate it, so __
MS. DESELEM: Well, I can state that this is information and it talks about a maximum
density that could be sought, but in no case does this rezoning approval grant any density. That would
all be addressed through the development order process. This is just general guidelines as to what the
maximllll1 could be. But in no case are we approving that density for this rezoning.
CHAIRMAN STRAIN: Okay. Well, then maybe a solution without a further clarification
would simply be that there's no density provided through this rezone process, it will have to come out
of any application in the future.
COMMISSIONER MURRAY: Right.
MS. DESELEM: Right, that would be -- this is just general information as to maximums that
could be allowed. Density isn't by right anyway. You know, you're eligible to seek it, but there are no
givens. Y Oil don't know what the configuration of the site might be, you don't know how they might
design it. It might turn out that they can get, you know, some other number, 52,47, 75. We don't
know. We're just evaluating what the maximum that could be allowed as a general information. But
the rezoning is not conditioned upon any density number.
CHAIRMAN STRAIN: Okay. In your staff report on Page 10, number five. In the future it's
just a reference I'd like to mention to you. The second sentence of that answer says, the proposed
zoning change is appropriate because its relationship to the FLUE is positive.
Well, I think you mean is consistent in what you -- I don't know why you would be the judge
of it being positive or not being positive under the material provided here today.
MS. DESELEM: Yeah, the term positive is to mean that it's consistent rather than
inconsistent With the understanding that inconsistent would be negative, consistent would be positive.
CHAIRMAN STRAIN: Well, consistent also -- I mean positive also means there's a plus side
to approving this. I haven't seen that yet other than -- I haven't seen it, other than someone's going to
make some money somewhere. I don't know, the tax -- county may increase laxes if homes are
developed. But I just would think consistent is a better word in the future.
Under number seven, the text of number seven reads differently than what your answer I think
says. It says, in the first sentence, whether the change will create, and then the word or, or excessively
increase traffic congestion.
So if you take out the word "or excessively", because it's saying create or excessively increase,
your answer is, the proposed change will not create or excessively increase traffic congestion.
Well, we know it will create traffic con -- more -- increase traffic if they put anything on there
besides the golf course. And I guess that's the premise under the 110 or any kind of additional housing
that they conld possibly change with their zoning application. Which if we stipulate they don't get any
density, I guess that question goes away, so I've just answered my own question.
MS. DESELEM: That was easy for me. Thank you.
Attachment #3
Page 10 of 32
'-.
-
,.'
.
Agenda Item No. SA
February 23, 2010
Excerpts from April 2, 2009 Page 30 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
CHAIRMAN STRA1N: Well, I didn't know you were going to -- I didn't know my first
answer was going to be what it was, so that created no need for the second answer.
Okay, that's all -- unless there's more questions of staff, transportation needs to address some
issues. Thank you.
.MR. GREEN: Michael Green, Transportation Planning.
CHAIRMAN STRA1N: Michael, I mentioned to you yesterday my question for today
concerning the Vanderbilt Beach Road extension, and you were going to try to do some research.
Why was -- if Vanderbilt Beach Road was such an issue, and I read the minutes of the
meetings back in '90 and '91, they really -- the board at the time was insistent that this project make
sure that road got to the west side their proj ect.
And I notice some properties to the east of this project have spacing above the canal on the
north side narrow enough to make it appear as though it's a road alignment spacing or something of
that nature~
Why was this project not considered to have Vanderbilt Beach Road extension run through it?
.MR. GREEN: I couldn't find in the LRTP at the time that the Vanderbilt Beach Road
extension was planned to go beyond. So much like we're doing today with the LDC 1O.02.05(E), we
require that the project extend public access to their site. To their site. Not like we did with the school
or the church on Canon and Molder off of Immokalee, the same conditions. They're having to improve
those roads down to their site, show us that they have easements and legal rights. But that doesn't
mean that there's an intent to continue those through their site to the extent of the rest of the network.
CHAIRMAN STRAIN: So you're saying when this project came in for approval in 1991,
there was no plan that showed the Vanderbilt Beach Road extension going further east than the western
tenninus of this project?
MR. GREEN: I did not see one.
CHAIRMAN STRAIN: Okay.
Ms. Caron?
COMMISSIONER CARON: Before you go on.
CHAIRMAN STRAIN: Yeah, go right ahead. I've still got more, but __
COMMISSIONER CARON: Just before you go on, though, and leave that point.. .
Then why in their agreement is there under a transportation commitment number one should
the developer or other property owners wish to extend Vanderbilt Beach Road, they have to do it
according to your specs.
So obviously there was some consideration at the time of extending that road by these people.
And at the time they would have to have been using their own property, unless they were going to go
out and buy, like you all have, and I doubt that seriously.
MR. GREEN: You see the condition under planning in the section above transportation?
COMMISSIONER CARON: Right.
.MR. GREEN: It's strictly a requirement that they extend the road to their property.
COMMISSIONER CARON: I understand that.
MR. GREEN: The section under transportation is worded if they choose to.
Like I said, today -- and I don't know that this was necessarily in our LDC in '9l, but what we
use today is 10.02,05(E). It's in our LDC. We request that they show that they have legal access to
their property and that they improve to county standards roads that they use to access it.
COMMISSIONER CARON: There was intent here, in my opinion.
Attachment #3
Page 11 of32
Excerpts from April 2, 2009
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
Agenda Item No. 8A
February 23, 2010
Page 31 of 189
CHAIRMAN STRA1N: Prior to my discussion with you yesterday, were you aware of this
agreement?
MR. GREEN: I hadn't read it personally. I pulled it after our discussion.
CHAIRMAN STRAIN: There's been a lot of study on the Vanderbilt Beach Road extension,
there's been a lot of conflict on that issue. And some of the people involved in this, I being at time to
time one, I don't remember ever seeing this agreement before until it happened to come to us today as a
result of the change that the petitioner is requesting.
I think it's interesting that the language in the agreement - and I wish that language had been
introduced to the BCC at the time they made the decision to move this road south of the canal and the
cost that's incurring to taxpayers of the hundreds of millions of dollars to do this route the way it is
now when we had language that may have helped with a different argument back then.
MR. GREEN: May have. But this language doesn't undo the eight or so well sites that public
utilities has along the north side of the canal that would also -- are an immense cost to relocate, if you
were to put the Vanderbilt Beach Road extension across there.
CHAIRMAN STRAIN: They have well sites allover the county.
Under the transportation element on Page 7, the reference write-up, it says it's got a 6.8 percent
significant impact on the roadway. And it says, this segment of Vanderbilt Beach Road is currently in
the right-of-way acquisition process to accommodate a plan expansion outside the five-year 'capital
improvement plan The remaining capacity and level of service are not currently reflected into the
adopted 2008 AUIR.
What are you trying to say by that sentence?
MR. GREEN: Vanderbilt Beach Road east of951 is not a concurrency segment.
CHAIRMAN STRAIN: Meaning? .
MR. GREEN: There is -- when this project came forward, we had -- we were approaching 60
percent design plans for the BCC adopted alignment. And that is what the right-of-way acquisition is
working on this first segment of the new corridor.
CHAIRMAN STRAIN: So if they have a 6.8 percent significant impact on the roadway but
they're not in the concurrency management plan, it doesn't mean anything. Is that what it boils down
to?
MR. GREEN: Basically. Their 6.8 percent impact is on the surface volume of only a two-lane
road.
CHAIRMAN STRAIN: How bad of an impact will the addition -- would those trips __ well,
those are existing trips.
Any new trips, how would they have to justify them, should they come in with the more uses if
they get this rezoned today?
MR. GREEN: There's a commitment that I have in part of the application from Olde Florida
that basically says that any additional traffic impact statements would be required to analyze any
proposed change in uses, and they'd have to come back in with another TIS with their plat.
CHAIRMAN STRAIN: Where is that commitment found? What page of what paperwork?
MR. GREEN: I'm not sure that it's in your staff report. It was in the documentation that has
been provided during our review process. If! could put this up on the visualizer.
CHAIRMAN STRAIN: Please do.
So it's the purple language in the second -- the second set of purple language you've got
highlighted there?
Attachment #3
Page 12 of 32
" -
>'.~
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 32 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
MR. GREEN: That's correct.
CHAIRMAN STRAlN: That's a commitment, you're saying. Is it a code requirement?
.MR. GREEN: Yes. Any time they come in, they're required to provide -- any application is
required to have a TIS accompanying it.
CHAIRMAN STRAIN: Okay, so if you got a -- if they put a house up in there, they'd have to
have a new TIS for the house?
.MR. GREEN: Not for a single-family home.
CHAIRMAN STRAIN: How about if they put up 110 single-family homes?
MR. GREEN: If -- when they come in with the plat, once the plat and TIS that goes with that
is approved, then they can build each of those single-family homes without further transportation
applications.
CHAIRMAN STRAIN: So the only way you catch them is If they come in ?>Vitb a plat. Are
they required to come in with a plat? TIlls property's owned by a corporation, the corporation wants to
go in and build 110 homes for their 275 people to use on, say, an interim basis. Do they need a plat?
MR. GREEN: I don't know if they need one through our process or not.
COMMISSIONER MURRAY: It's an interesting question.
CHAIRMAN STRAlN: And again, I'm a little puzzled as to what's going on here with this
whole application today. I'm concerned about what was missed apparently. And it wasn't the applicant
that missed it. I think apparently there's some opportunity here that seems to have been missed by that
agreement that was in place that seems to be newly discovered.
But I would like any commitments that you need to make sure you get a TIS and you get the
traffic addressed, that they're stipulated during this rezone process, instead of just relying on platting, if
they chose not to plat.
So I'll ask the applicant before this is over if they have any objection to platting any future uses
that may go in there. And we could require platting as part of the rezone stipulation.
Ms. Caron?
COMMISSIONER CARON: Yeah, let me just ask: While they have to provide a TIS, what
will happen? You just said that they were not part of the concurrency system. So if they're not, it
doesn't matter that they prove that they're going to highly impact the road if we can't do anything with
that information.
.MR. GREEN: They're not going to have a negative impact. They have 68 total trips on their
-. net new. I'm sorry, they have 68 net new trips that are utilizing under the existing two-lane version
of Vanderbilt Beach Road.
It's not a concurrency segment. The first concurrency segment is 951. They have a less than
one percent impact on 951. So it's safe to assume that when Vanderbilt Beach Road is extended as a
six-lane road, they will have also less than one percent impact on that road also.
COMMISSIONER CARON: The intersection improvements that you're making at 951 are
intended to solve any issues there. They're not just, this is the best fix we can have, correct?
MR. GREEN: That's correct.
COMMISSIONER CARON: They are actual solutions.
The reason I ask that is going back to when we were doing Growth Management Plan
amendments at Orange Blossom and Airport. Whatever fixes were involved there, commitments were
made to -- but they were not solutions, they were just _. .
MR. GREEN: Unlike Airport --
Attachment #3
Page 13 of 32
Agenda Item No. SA
February 23,2010
Excerpts from April 2, 2009 Page 33 of 1S9
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
COMMISSIONER CARON: -- the best we can do.
.MR. GREEN: That's correct.
Unlike Airport and Orange Blossom, which the proposal is an interim fix and then an ultimate
solution, Vanderbilt Beach Road and 951 is an ultimate solution that's designed for the traffic assumed
to be utilized at that intersection in 2030.
CHAIRMAN STRAIN: If Vanderbilt Beach Road went through this project instead of going
-- crossing the c8Ml, taking out homes and I guess assuming then go back up on the north side of the
canal, I don't know where it goes after that, would going through this project have been a less
expensive process for the public?
MR. GREEN: I don't know the answer to that. I know that -_
CHAIRMAN STRAIN: I don't mean by buying out the golf course or destroying the golf
course, I'm just saying had the process ran straight along that canal and not had this effort to go take
out homes, it seems to me it would be a no-brainer, it would be less expensive.
.MR. GREEN: It eliminates some of the conflicts to homes in this section. There are still
conflicts, there are still displacements in other areas of this corridor.
CHAIRMAN STRAIN: The process we're asking to approve today for this project is going to
open it up for more uses. And they're talking about one of the uses in here was 110 potential
residential uses.
No doubt in a club of this nature or a property of this nature that those uses would be very
valuable. So the project stands to make a potential windfall of millions of dollars through a process of
rezoning when they originalIy right now are just a golf club. They can't sell anything else, they can
only sell the golf club.
It seems to me that if transportation may have been in a position to consider some use of that
southern tier property, because they're going to have to do a lot of work on that property anyway, and
realigning a golf club when they're going to build homes, especially realign it so it's better amenitized
(sic) for the homes they might build may not be a bad thing overall for the project.
Did anybody from transportation attempt to explore that avenue with the applicant?
MR. GREEN : We did. Actually it was explained to us that the existing golf course was going
to be left untouched and the new homes were going to be isolated to the areas that were undeveloped
that surround that golf course. So there weren't any new roads internal to the project for homes
planned between the existing golf course and the canal.
CHAIRMAN STRAIN: I didn't look at the layout of the course, but every course is
changeable.
MR. GREEN: I'm not sure, it may be hole number two that runs almost parallel to the canal.
There's a tee box in the fairway.
CHAIRMAN STRAIN: I see that, but I also see that north of the -- what looks like the tee
boxes for hole number two are some vegetated areas, and it would oIily be able to swing hole number
two up to the north in order to leave some space to the south in which a road could go through.
Just a thought. I didn't know how far you guys explored it But I'm trying to understand how
this is a benefit.
MR. GREEN: Through the -- there was I believe three public meetings during the corridor and
alignment study process for Vanderbilt Beach Road. And there were conflict matrices that were put
together that identified habitat impact, environmental impacts, public and private residential impacts,
Attachment #3
Page 14 of 32
.
..~,~
.,,--
,
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 34 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
.
socioeconomic impacts. And the board I believe chose the aligllment that had the less amount of the __
you know, the fewest amount of impacts to all of that. '
CHAIRMAN STRAIN: And I believe the board would have done so based on the information
it had at the time. So I'm not sure that all this information was on the table, but thank you.
Any other questions?
Mr. Schiffer, then Ms. Caron.
COMMISSIONER SCHIFFER: And just a quick question. And I'm sure this dye is cast, but at
public hearing, did this landowner ever express the fact that they weren't going to build the second golf
course?
.MR. GREEN: During the public meetings for the corridor study?
COMMISSIONER SCHIFFER: Yes.
.MR. GREEN: I didn't personally have any contact, and I don't know that any information was
provided from this property owner.
COMMISSIONER SCHIFFER: And they never expressed the intent to come in at this date
with an agricultural rezone? All right, thank you.
CHAIRMAN STRAIN: Ms. Caron.
COMMISSIONER CARON: Let me just run down -- you did a rundown of a list of
considerations during that study, impacts to habitat, impacts to individual homeowners. Can you just
reiterate that list?
.MR. GREEN: It was including but not limited to enviromnental impacts, habitat, public and
private properties, businesses, residential impacts, impacts to utilities, both public and private, and
. .
soclOecononuc.
CHAIRMAN STRAIN: Any other questions of transportation while they're up here?
(No response.)
CHAIRMAN STRA1N: Okay, I am not sure what time it is, but I think it might be 10:10. But
why don't we take a -- Mr. Murray, before we take a break then?
COMMISSIONER MORRAY: Just help me, what was the socioeconomic issue that you
evaluated?
MR. GREEN: It looks at the land uses and the potential for change in zoning and businesses
and the businesses and residences that may be along that and what impact it may have, if it would
increase or decrease property values and __
COMMISSIONER MORRAY: And what did you conclude?
MR. GREEN: I don't know. I didn't run that study.
COMMISSIONER MURRAY: Okay.
CHAIRMAN STRAIN: Okay, let's take a break till-- well, that silly clock says it's 11:11, so
that would be 11 :25, but I think it's really 10: 11 and it would be 10:25, so let's come back here at 10:25
from a break. Thank you.
(Recess.)
CHAIRMAN STRAIN: Okay, if you'll all come back to your seats. At some point the break
ended. We don't know yet, because from 10:11, it is now 10:49. And we were supposed to have only
taken 15 minutes. That's a result of our electronic technician, Kady, and our architect, Brad Schiffer,
and our engineer, Mr. Schmitt, who's Corps of Army, all trying to fix a digital clock. I'm real worried
about this.
MR. SCHMITT: Electronically challenged.
Attachment #3
Page 150'32
, '"'~ '~.~_.,.~~_._,,_.- ..._---.... ,~,,~-,...."..,_.-
--'-'''-~''--'-"'--'''-'----
Agenda Item No. 8A
February 23, 20.10
Excerpts from April 2, 2009 Page 35 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
CHAIRMAN STRAIN: Oh, boy. Okay, let's move on.
We had just finished up talking with transportation on the issues concerning this action
Are there any other issues of staff at this time before we ask for public speakers?
(No response.)
CHAIRMAN STRAIN: Okay, do we have any public speakers, Ray?
MR. BELLOWS: Yes, we have one registered speaker. Peter Gaddy.
CHAIRMAN STRA1N: Okay.
MR. GADDY: For the record, Peter Paul Gaddy. Morning, Mr. Chairman; morning, members
of the Planning Commission. I'll be real brief.
I agree with counsel that the issue before us here or before this Planning Commission is the
rezoning of this property. However, the implications of the original ordinance is that the county
commission in 1991 set the alignment for the Vanderbilt Beach extension.
I think this is one of those situations where more questions have been raised than answers. If
we don't ask some of these questions, we'll never know the answer.
I want to point out that the original ordinance called for a road with arterial specifications.
I would recommend that the county archives be searched and this Planning Commission obtain
additional information prior to acting on the rezoning request. Thank you.
CHAIRMAN STRAIN: Thank you, sir.
Are there any other speakers, Ray?
.MR. BELLOWS: Yeah, Tim Moore.
.MR. MOORE: I was wondering if we could pull that map back up here.
CHAIRMAN STRAIN: You have to get to the speaker, first, identify yourself for the record,
and then we can go forward.
.MR. MOORE: My name is Tim Moore. I live at 1821 Richards Street. Which is -- if you pull
up the map, I can show you where I am.
Simplest way is for me to walk over. I'm--
CHAIRMAN STRAIN: I'm sorry, but -- yeah, you're that road to the north, we understand.
You have to be on speaker with everything, unfortunately, sir. Sorry.
.MR. MOORE: Okay. I'm A at the top of your paper -_
CHAIRMAN STRAIN: Okay.
MR. MOORE: -- at the end of Richards Road. Okay?
I'm not objecting to the rezoning. What I've asked, and I sent a letter to Jim Coletta, which
was sent to this lady.
CHAIRMAN STRAIN: Kay.
MR MOORE: Kay. And also to transportation, was that while you're doing this rezoning,
why don't we ask for an easement to -- original maps show Richards Road going all the way to
Vanderbilt. So if we had an easement all the way through, then some of that transportation that you're
worried about would be alleviated. Number one.
Number two, where I am all the way to Krape floods every year.
Do we have something that we can walk with?
CHAIRMAN STRAIN: Yes.
MR. MOORE: I'm going to point -- on an average __
CHAIRMAN STRAIN: You've got to turn it on. There you go. One of those buttons.
MR. MOORE: It's on. Can we try another one?
Attachment #3
Page 16 of 32
-
-
.-'.
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 36 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
MR. BELLOWS: You want to try a laser thing? Come to this one.
.MR. MOORE: Here, let's do this.
CHAIRMAN STRAIN: Thanks, Ray.
MR. MOORE: Okay, at the end of Krape Road, this land right here, during the summer
months usually holds about two and a half, three foot of water, okay? Now, ifwe're going to put 110
houses in that area, then we're going to have to fill all that in, okay? Then we create another barrier
here, and all this land floods even worse.
My proposal is, and I'm not an engineer, and I don't claim to be, but if we had road ditches all
the way to the c8nal at Vanderbilt, then we would eliminate all of this catch basin that you all __ I don't
mean you guys. But what has happened is there was a cypress head that ran through here and a
cypress head that ran through there that took the drainage out of this area. We don't have that now.
Everglades has got a berm that goes across here and this is all full, okay? So what are you
going to do with the two and a half, three foot of water here when you put all these houses in? You're
going to have to raise that land up so that it will accommodate, and when you do that, then we're going
to be in a fish bowL
So I don't have a problem with the rezoning, I have a problem with not making sure that we get
an easement through there with road ditches all the way through to take it to that ca1)al so that we
eliminate all these folks being under water every summer.
CHAIRMAN STRAIN: Okay. Thank you very much, sir. Appreciate it.
Are there any other speakers, Ray?
MR. BELLOWS: No other speakers.
CHAIRMAN STRAIN: Okay. John -- 011. go ahead, Mr. Schmitt.
.MR. SCHMITT: Yes, you asked a question of Dave, and I have an e-mail and hopefully this
.
may answer your questIOn.
Maximum density in neutral is one dwelling unit per five acres, both in the FLUE and in the
LDC. So it's Future Land Use Element and Land Development Code.
The exception is for legally nonconforming lots. The exception provision at the end of the
RMFUD and the FLUE wouldn't apply since there is no prior zoning action or other development order
approved that allows greater density, Maximum density using clustering is the same, just allows
smaller lot sizes within total project.
With or without clustering, this 554-acre site is eligible for 110 dwelling units. Max lot size
using clustering is one acre both in the FLUE and LDC.
CHAIRMAN STRAIN: Okay, that does answer it. David probably knows better than
anybody, so--
Okay, with that, John, did you have any comments?
.MR. P ASSIDOMO: . Concluding remarks, Mr. Chairman.
CHAIRMAN STRAIN: Sure.
.MR. PASSlDOMO: We'd be happy to stipulate in the question of traffic impact statement at
the time of a plat or a site development plan to ensure that the county does in fact have a site
development plan in place at the time we know the future development of the property, so that you're
assured you have a new traffic impact statement to reflect conditions as they may exist at that time.
Appreciate the staffs comments for elaboration purposes, of course. The provision on density
applies as an exception for non-conforming lots of record. It's not intended as an exception, it's
intended to in no way detract from the underlining zoning on the property.
Attachment #3
Page 17 of 32
Agenda Item No. SA
February 23,2010
Excerpts from April 2, 2009 Page 37 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
.
.
The thought that the best thing to address questions of -- from a historical perspective and
especially the questions that Mr. Moore most recently raised about Richards Street drainage, what may
have happened in 1991 and what may have happened before the Board of County Commissioners and
the testimony in evidence and professional counsel that was in front of them when they made their
determination as the alignment of the road, we'd ask Bill Barton to testify before you, Mr. Chairman.
Mr. Barton was here in 1991 in a professional capacity, he was here as a member of the Olde
Florida Golf Club, and he has been throughout. He has personal knowledge and he has professional
expertise. And with your indulgence, I'd like to ask him to testify, because I think there are a lot of
good questions that were raised, and Mr. Barton can respond to them.
CHAIRMAN STRAIN: That's fine.
.MR. PASSIDOMO: Thank you, Mr. Chairman.
Bill?
MR. BARTON: Thank you, Mr. Chairman, members of the Commission.
The -- let me start with a couple of things. I made some notes here as discussion was
.
occurrmg.
On one of the fust ones, the Chairman asked whether or not the easement that was required to
be granted to South Florida Water Management District was indeed granted. And the answer to that is
yes, it was.
In addition to that, although it has nothing -- no bearing on this, Olde Florida also granted to
Collier County I think four different easements for well sites along that same canal corridor. It was
either three or four, I'm not sure, I don't recall exactly.
The discussion that we've had some elaboration on was the agreement between Olde Florida
and Collier County regarding the extension of Vanderbilt Beach Road. And I -- although it's some
nearly 20 years ago, I do have some fairly good recollection of that.
And that entire agreement was -- became necessary because at the time Olde Florida began its
process of entitlement for the golf course areas, it had not yet acquired the legal right to extend
Vanderbilt Beach down to its western property line. And that of course was a concem of the county,
because obviously you don't want to grant entitlements to a piece of property that cannot be accessed
legally. So that agreement came out of that.
Obviously at that point in time there was no road constructed. And what we're talking about
right now is the property predominantly that runs aloug the south side of Golf Club of the Everglades,
which is immediately west of Olde Florida.
We consequently did gain a legal access there through an easement, and the road had to be
built to gain access to our property. And Collier County in that agreement required that that road be
built to county standards, which we agreed to do.
So that agreement had absolutely nothing to do with the extension of Vanderbilt Beach
eastward of Olde Florida's west property line.
And I can tell you that I was part of those conversations back in those days, and here we sit
almost 20 years later saying goodness gracious, why didn't those people anticipate that Vanderbilt
Beach Road will be extended to the east?
That question I can't answer, but I can tell you we didn't. That issue was never discussed.
Everybody that was involved in the process at that point in time presumed that the eastem terminus of
Vanderbilt Beach Road was going to be at Olde Florida. None of us contemplated that it would be at
some point in time extended eastward from them.
Attachment #3
Page 18 of 32
~"._,
.
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 38 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
As I say, looking back now, one would say gosh, that was not very forward thinking. But how
many ofus at that point in time expected Golden Gate Estates to begin to build out like it did? How
many of us at that time expected advents like Ave Maria? So there were a whole lot of things that
occurred afterwards that changed our perspective.
But I reiterate, in 1991 there was absolutely no discussion about Vanderbilt Beach Road being
extended eastward of our west property line.
In today's world, Collier County had some very difficult processes to go through, and now that
we know that road must indeed be extended eastward, what alignment to take. And I assure you, and I
know you know this, that Collier County looked at that very, very carefully.
Olde Florida actually was not the major part of the problem. And the reason I say that is that
although two holes, and. it's actually not hole number two, it's actually holes number eight and nine that
would be impacted by that roadway, if it were to go along the north side of the canal.
But Olde Florida, fortunately as we're discussing today, had other properties. So in the long
term, if that decision had been made, Olde Florida could have cured that problem. It would have been
expensive, but they could have cured the problem.
The real problem was really Golf Club of the Everglades next door. That property doesn't
have any excess property. And Vanderbilt Beach Road, coming through the southem portion of Golf
Club of the Everglades, would have taken all of their hole number nine, a significant part of the
required parking, and the entire green for hole number eight. And there was no cure. Because Golf
Club of the Everglades has virtually used all of its land.
So what the county was looking at is the potential of having to buy the entire golf course, since
there was not a cure to repairing the damage that would be caused. And in today's world, there simply
is no market for a 16-hole golf course. So that's the real expense there was not Olde Florida, it was
Golf Club of the Everglades.
And I will tell you that the county staff determined that keeping the roadway on the north side
of the CAnal, their estimate was that the cost to the county laxpayers would have been $45 million
greater than putting it on the south side.
We actually contended that number was probably too low. It probably would have been closer
to a $60 million number. And that's basically what drove the issue.
I would also add to that that if the roadway had been kept on the north side of the canal, in all
likelihood they would have also had to take some homes that are existing in the Vanderbilt Country
Club. There's a tier of lots and homes immediately adjacent to what is currently Vanderbilt Beach
Road that likely would have been in jeopardy. So yes, they would have reduced the number of homes
required to be taken on the south side, but then they probably would have had to increase the number
of homes taken on the north side.
With regard to Mr. Moore's discussion of Richards Road, that road is aligned immediately
north of Olde Florida's west property line. And although this hasn't been discussed today, the rezone
that we're asking for continues to keep us as a neutral property in the district. And that will require any
development to preserve 60 percent of the natural vegetation that exists within the property.
We certainly would have no reason not to go on record stating that any easement requirement
along our west property line, we would be sure to be included in that property to be preserved, so that
that easement would always be available if and when at some point in the future Richards Road is
something that the county contemplates building.
Attachment #3
Page 19 of 32
Agenda Item No. SA
February 23, 2010
Excerpts from April 2, 2009 Page 39 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951 , Olde Florida Golf Club
I will tell you, though, that with regard to using that as -- to facilitate drainage for those
properties to the north -- and I'll preface this remark by telling you that I am a registered professional
engineer in the State of Florida, And one of my expertises is stormwater management.
And I will tell you, that won't work The flood waters in the canal reach an elevation that
currently Olde Florida is directly tied to the Cypress Canal. We have a direct out falL When we
designed it, we anticipated that in the event of a 25-year frequency storm event that Olde Florida
would indeed have flooding occur on their golf course. As it's turned out, we have had three of those
25-year plus events in the last 15 years. And each time it flooded, as we knew it would, as did the
property to the north of us, those floods have cost Olde Florida something in excess of $400,000, the
collective amount. The one that occurred two years ago, we actually had to shut the golf course down
for 30 days because the damage was so severe that -- and we had to resod so much of the property that
the golf course was not playable.
And fact of the matter is, one should be very, very cautious before making connections to
Cypress Canal, for properties to the north of it, because there are rainfall events that could in fact flood
properties to the north that would have not otherwise be flooded if the ditches were not in place.
One might say, how can that occur?
The way that occurs is when the primary rainstorm fall, heaviest rainfall is to the east, which is
in the collection basin of the Cypress Canal. When that then comes down the canal and begins to
cause flood waters in the canal, those elevations will climb to a point in the cHual where they would
begin to back up into properties surrounding that canal. Not unlike precisely what we're seeing in
North Dakota right now. The Red River that's been threatening Fargo is not because of rainfall that fell
on Fargo, it's because of the rainfall that fell upstream from Fargo and is now causing flood events to
occur in Fargo.
So one needs to be very cautious in starting to make connections, like roadside swales, to
properties to the north, because they could cause more problems than they might solve.
So those are just some historical events that I wanted to share with you. And if there are any
questions, I'd be more than happy to try to answer them.
CHAIRMAN STRAIN: Anybody have any questions?
COMMISSIONER SCHIFFER: I do.
CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer.
COMMISSIONER CARON: If flooding is such an issue out there right now, Mr. Barton, and
you've had at least three events here that all surpassed the 25-year storm event, does it make sense then
to be rezoning this property so you can put 110 homes with septic systems out there?
.MR. BARTON: Well, let me answer that question in two parts: First, the issue of how 110
dwelling units might fit on the property or how they would be designed is a question for another day.
And most certainly that process would have to be reviewed under whatever criteria and guidelines we
have.
What we're asking for here today in the rezone is simply taking a piece of property that
currently has virtually zero value, because golf course property in toclay's world, not only can you not
sell it, I'm not sure you could give it away, if the only use for it was golf course.
We're trying to simply take an asset that has no value and cause it to be an asset that does have
some value.
With regard to whether or not septic tanks would be an appropriate use in that location, I don't
know the answer to that However, my -- pardon me, Florida allergies -- my anticipation is that by the
Attachment #3
Page 20 of 32
.._.
..-
".....,
.
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 40 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
time the single-family housing market turns around in Collier County to the point that this property
would become attractive, the availability of central sanitary sewer is going to be there. It's already to
the comer of 95l and Vanderbilt Beach Road. In fact, the new church that was just built there is on
central sewer. So we're not that far away.
And my expectation is that at that point in time Collier County would require any developer to
make that connection, and highly doubtful in my mind that any septic tanks would ever be used on this
property.
CHAIRMAN STRAIN: Mr, Schiffer?
COMMISSIONER SCHIFFER: On the interchange map, there's a road called Douglas Road.
Is that Richards Road? Do they line up together?
MR. BARTON: No, sir, I don't think so. I think Richards -- now, Richards does not come
down to this property. In fact, there's another out-parcel, it's either 20 acres or 40 acres, north of Olde
Florida that currently does not have Richards Road on it. In other words, it comes down and
terminates at some parcel north of our property.
CHAIRMAN STRA1N: Would it help, I think the Richards Road aligns -- see the red line on
the west side of the Olde Florida Golf Club on this map? That's where Richards Road will align with.
COMMISSIONER SCHIFFER: Right. And where is -- then looking at this map showing the
canal on Vanderbilt Road coming down and then coming back up, they show a road called Douglas
Road.
So the reason I bring it up, wouldn't that be a logical place for that intersection, such that if
they ever did connect that would be a good north~south corridor between Vanderbilt and Immokalee?
CHAIRMAN STRA1N: You mean you would take Richards Road -- how would you get there
from the -- the terminus of Richards from the south over to Douglas in the north, how would you get
there?
COMMISSIONER SCHIFFER: Well, the same way we wish -- they were thinking about, you
know, back when this originally -- you know, we had the east-west access that we didn't take. This
would just be at this point in time trying to establish the north-south.
But where is Douglas Road is really the question.
CHAIRMAN STRA1N: It's right -- look on your left. On the left side of the screen down
towards the bottom.
COMMISSIONER SCHIFFER: Well, then --
CHAIRMAN STRA1N: See Richards up on top?
COMMISSIONER SCHIFFER: So this map we're showing is that this thing is going to
transfer -- okay, this is going to transfer well before this property then.
MR. BARTON: Yeah, Douglas Road is actually on the west property line of Golf Club of the
Everglades. So it's a half mile west of Olde Florida's property.
COMMISSIONER SCHIFFER: So if Douglas Road ever did -- or Richards Road ever did
come down, it would come down onto your access drive?
MR. BARTON: That's correct.
COMMISSIONER SCHIFFER: And would they have the ability to access that?
MR. BARTON: Yes, they would. The easement there is a public easement. However, there
would not be the ability at that intersection to access Vanderbilt Beach Road.
COMMISSIONER SCHIFFER: They would have to come down to this Douglas Road then.
Attachment #3
Page 21 of 32
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 41 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
. .
.MR. BARTON: That's correct. Then they'd have to turn westward and go to Douglas Road in
order to access Vanderbilt Beach Road.
COMMISSIONER SCHIFFER: All right, thank you.
CHAIRMAN STRAIN: Anybody else?
(No response.).
CHAIRMAN STRAIN: Thank you, sir, appreciate your time.
.MR. BARTON: Thank you.
CHAIRMAN STRAIN: Well, John, I think we have a few issues that were discussed I'd like
to run by with you before we go into deliberations.
You have no problem with the stipulation concerning the Audubon Cooperative Sanctuary
Program, that you'll retain that at all times for the golf course subject -- and that the property would be
subject to the rules of the neutral lands for golf courses.
MR. PASSIDOMO: Yes, sir.
CHAIRMAN STRAIN: There's no density being provided as a result of this process today,
whatever the outcome is. And you agree with that?
.MR. PASSIDOMO: There's no density being provided?
CHAIRMAN STRAIN: Right. We're not giving you density today. We're not providing
density. This is strictly you're requesting a rezone to neutral.
MR. P ASSIDOMO: Whatever we're entitled to in the proposed zoning district.
CHAIRMAN STRAIN: That's where rm going next. This whole thing has been somewhat of
a mystery. You've got a golf course zoned piece of property, it can function as a golf course. You've
got a clubhouse; you've got all the amenities that the golf course has. You want to go to Deutrallands
and still retain the golf course use, obviously. But at some time in the future you're going to do
something else.
The difference between '91 and now are some of the benefits that you can derive under neutral
lands that maybe you couldn't have done under the agricultural zoning as it was in 1991. So the golf
course has been kind oflike a holding pattern until this change has been suggested here today.
It leaves a lot of unknowns in regards to what you're going to do with the property and how the
density of that property and how the impacts on that property will affect others. Where you put your
houses, how many, the road coming in, how you'll connect to Vanderbilt, all the issues that the county
generally is worried about.
You have by rights in the neutral area an extensive amount of new uses, including
single-family residential, mobile home overlays, dormitories, duplexes, group housing, family care
facilities, group care facilities, staff housing, sporting and recreational camps, golf courses and driving
ranges. It goes on and on for quite a few uses, And that's -- they're all by right.
So I don't -- by right you wouldn't necessarily have to come before a public process. And
when Mr. Barten spoke he, you know, said you guys would go by whatever process is in place for __ as
you proceeded. Well, there is no process in place except going through staff.
Would you have any objection that any changes to your property in regards to uses come back
before this Planning Commission for review?
MR. P ASSIDOMO: After the zoning is in place, sir?
CHAIRMAN STRAIN: If you receive the zoning today to go from golf course to neutral, any
further increases in changes or density on that property, whether it be through any type of use come
back through the public process through the Planning Commission.
Attachment #3
Page 22 of 32
-
--
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 42 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
MR. PASSIDOMO: Any changes, Mr. Chairman, that increased the density or changed the
use, other than what is prescribed in the Land Development Code right now?
CHAIRMAN STRAIN: No, other than what is being done today on that property. So if you
take advantage of the new uses and the neutral land that you seemingly want to, and since you're not
providing us with that scenario today, I'm suggesting that you come back through this process and
provide that now - provide that then at the time you do it. If you want to come back in and put homes
and parcels and break it up and subdivide it into parcels, you come back in for the public process in
front of this board.
MR. PASSIDOMO: Mr. Chairman, we do have to come back obviously administratively to
address site development plans or platting. But you're suggesting that rather than have that handled
administratively, it be handled by the Planning Commission?
CHAIRMAN STRAIN: Well,the staff would still have to review it, but the Planning
Commission would have to see it, and you'd have to go through a public process for approval.
MR. PASSIDOMO: Mr. Chairman, would it have anything to do with the -- if the question, if
the scope of that review relates to platting or site development plan issues, that's one question. If the
scope of that review deals with uses, heights, densities and intensities, I think that's another question.
Because those are prescribed by the Land Development Code, and they seem to be outside the proper
scope of review for the Planning Commission or for the Board of County Commissioners after the
zoning is in place.
CHAIRMAN STRAIN: Right. You just said the magic words, after the zoning's in place. Is
in place. So in order to get it in place -- Mr. Schmitt?
MR. SCHMITT: Yeah. For clarification, if any plat comes in, a final plat, as you well know,
has to be approved by the Board of County Commissioners. That's on an agenda item and it's approved
by the Board of County Commissioners, so it is a public process. Normally it's on a consent agenda
However, in this case if it involves a consent issue or involves an issue that is of interest to the public,
certainly we can be directed or the board can pull that item and put it on the regular agenda. Or they
can certainly remand that back to the Planning Commission.
So I just want to clarifY the process so the public understands: It is a public process and it is
approved before the Board of County Commissioners.
CHAIRMAN STRAIN: And there are -- they are done routinely every week; is that right?
.MR. SCHMITT: Yes.
CHAIRMAN STRAIN: How many have ever been pulled, changed, modified, sent back to
this Planning Commission?
.MR. SCHMITT: None sent back to the Planning Commission. Probably in my time frame
here, which is almost seven years, I believe twice we pulled plats onto the regular agenda
CHAIRMAN STRAIN: Well, the problem I have here is I don't think anybody would go into
the process that this applicant's here for today without having some idea what they might want to do in
the future. We're not being provided with any of that information. We're basically saying we're going
to do whatever our rights are allowed for us to do.
The rights that come under the standard zoning, if you were to allow -- and zoning is by the
way not -- you can't get a rezone, I don't believe, by right. You get a rezone by process. And if there's
reasons why this board feels the process isn't appropriate, it may not succeed.
But it would help I think a lot of us to get in if we knew that we had some additional review
opportunity down the road when you finally wanted to tell us what you intend to do with this property.
Attachment #3
Page 23 of 32
- . -...--.---...... ...._.._~.,-,
Excerpts from April 2, 2009
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
Agenda Item No. SA
February 23, 2010
Page 43 of 1'S9
,
And that's my concern with that issue, and that's why I requested of you, do you have any
objection if we were to stipulate that any changes to the uses on this property -- and whether those
changes are density, intensity, height or whatever, but use changes on this property beyond the golf
course uses come back to this panel for review.
.MR. PASSIDOMO: Mr, Chairman, I want to be cooperative. I don't want to be elusive, I
don't want to be responsive.
If the question is rather than through an administrative process we go back to the Planning
Commission for site development plan or platting review, that's one question. If that's the question, rd
be happy to consult with my client concerning that issue. Is that __
CHAIRMAN STRAIN : Well, if you did -- any change you make on this property -- and staffs
going to have to help me here. Is there any way they can make a change without coming in for a plat
or a site -- or a site development plan?
MR. BELLOWS: If you mean can they build a single-family home in there without--
CHAIRMAN STRAIN: Can they build 110 single-family homes in there?
MR. BELLOWS: You have to go through the platting process to do more than __
MR. SCHMITT: You would have to plat to develop a tract, and then you'd have to come in
and probably subdivide that, if he's going to build individual homes, single-family homes on one home
per five acres or demonstrate that he's in compliance with the code, If he's going to build some kind of
multi-family, of course the tract would then come in with a subsequent site development plan, again,
demonstrating that he meets the requirements as defined in the rural fringe mixed use development
overlay, RMFU, and he would be subject to those review criteria that exist in the LDC.
CHAIRMAN STRA1N: See, Joe, if they had come in today with a request to go from golf
course to PUD with a site plan laying out the intensities, densities, setbacks, heights, everything else
that would affect the surrounding properties, it would have been more complete for us to review.
MR. SCHMITT: And I understand that. Certainly understand.
CHAIRMAN STRAIN: Basically they want to go into an opportunity to make a lot of
changes that may not have been anticipated at the time this was even given its neutral land designation,
well enough its conditional-- its whatever, golf course designation back in '91.
That all happened years ago. So there's some kind of vesting issue or grandfathering issue
already in place.
I'm suggesting -- well, first of all, how did this become neutral? Do we even know that?
Would it have become a neutral land had they not had the golf course zoning already in place for this
property?
COMMISSIONER MURRAY: Did you want to talk to him?
MR. SCHMITT: Well, the neutral lands are designated as part of the study that -- and all the
background and the data and analysis as was performed as part of the rural lands process, in this case
the rural fringe mixed use district. And that was determined based on existing conditions on the land
at that time when it went through the public hearings.
Any more than that, you probably have to bring that catcher in, and David and some others to
give you some history as to why or how they designated this neutral. But the -- and understanding
also, before they go through the platting process, they're going to have to go through the permitting
process, meaning through District permitting, South Florida Water Management District, demonstrate
water -- all the other districts permitting processes associated with that.
Attachment #3
Page 24 of 32
,,~-,
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 44 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
CHAIRMAN STRAIN: I just -- I'm trying to make sure that what happens here in the future
we have a better handle on than we have had in the past. And that's why I've asked the applicant if
they would accept a public process through the Planning Commission for approval or denial of any
uses or changes regarding this property beyond those involving the golf course or the amenities to the
golf course.
.MR. P ASSIDOMO: Mr. Chairman, I think it may confuse the purpose of these proceedings.
These proceedings are to establish zoning on the land.
CHAIRMAN STRAIN: Mr. Klatzkow?
.MR. KLATZKOW: You know, when you go through a criteria, Mr. Chairman, there are
certain things you have to look at, including does the proposed change adversely influence living
conditions. You have no idea what -- the information in front of you to make a decision.
You've got another one, will the proposed change create a drainage problem. And we've had
some testimony on that, and you have no idea.
And there are a number of other criteria here that it's very difficult, given the lack of
information you have as to what they intend to do with this. But you can make an educated
recommendation to the Board of County Commissioners.
This is a very unusual request. I don't think I've ever seen a zoning request where they're
going from existing golf course use to down-zone, or up-zone, depending on how you look at it, to an
agricultural zoning with 1 10 acres,
I don't have an issue if you just make' this a condition. And if they don't like it, they can take it
with the Board of County Commissioners when -- that (sic) the board wants to keep that as a condition.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: I don't know whether I should wait until the discussion, but I
might just as well say it now. When I was reviewing this, I thought the whole thing was brilliant.
What a move. And being on the RLSA committee for a year and a half and then again reviewing it
here, if this should become neutral land, they do have the right to just automatically build the homes as
they want to, 110. And that's the way I read through this whole thing. That's the way it looked and
that's the way it smelled.
MR. PASSIDOMO: Mr. Chairman, with all due respect, I think Mr. Wolfley's really hit the
nail right on the head. This is really a process. It's intended to provide some flexibility so we can
respond to market conditions, but it's simply intended to align the zoning of the land with the permitted
uses as of right under the future land use designation for rural fringe neutral lands. That's all it does,
There's no triggering event here that creates anything that the change in the designation to this
land as rural fringe neutral lands didn't anticipate.
We know what we're going to do. We'll come back to staff, we'll come back if you'd like to
the Planning Commission and we'll come back to the Board of County Commissioners. But at that
point in time the only thing we're going to come back with is what we don't have now and that is a site
plan or a plat But at that point in time -- and we'll have to go through permitting. And you don't
customarily look at that. But you can look at that. And I think that the process will be well served by
the Planning Commission looking at that.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I agree with the County Attomey's recommendation. His
counsel is that we can make it a condition, and so I think that's a good move.
CHAIRMAN STRA1N: Okay, thank you.
Attachment #3
Page 25 of 32
Agenda Item No. SA
February 23, 2010
Excerpts from April 2, 2009 Page 45 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
And the next question I have for you, John, is the easement along the west property line. Mr.
Barton didn't think that would be a problem, that you would provide through that west property line an
easement. I mean, up to the county to make sure they can get the easement materialized, assumingly.
But that for the -- along the west property line for the Richards Street extension down to Vanderbilt
Beach -- down to your public access to Vanderbilt Beach Road.
MR P ASSIDOMO: I think Mr. Barton's going to want to respond to that
COMMISSIONER WOLFLEY: Because that's not what he said.
.MR. PASSIDOMO: It's not designated in the future land use transportation plan. lf the
county wants to buy it, they can buy it. There's a 60 percent native vegetation requirement. We don't
want to do anything to impugn that. But with those introductory remarks, let me just let Mr. Barton
respond to --
CHAIRMAN STRA1N: Maybe I misheard him then. I thought that's -- I thought you said
something to that effect.
MR BARTON: Let me touch on two points.
Interestingly, the reason we are here today is that when we initially zoned this property to golf
course, the mixed use development district did not exist. That came after us. Next door, in Golf Club
of the Everglades, which developed shortly after we did, but after the District was in place. By seeing
the District, they did not rezone their property to golf course; they left it agricultural and simply got a
conditional use to put a golf course on it.
Had we done this golf course in 1995 instead of 1991, we wouldn't be here today, because we
would not have rewned the property to golf course. We would have left it agriculture, asked for a
provisional use, conditional use for golf course, just as Golf Course (sic) of the Everglades did.
So really all we're trying to do is get ourselves in about the same position as Golf Club of the
Everglades is today. Because they didn't have to have the advantage of knowing the District was going
to be formed after they went through the rewning process.
That's one thing I wanted to point out to you.
The other is what I said on the road easement for Richards Road is that we would simply agree
not to build anything within that corridor, that that would become part of the 60 percent natural
vegetation area So that in the future, if that road -- it makes little sense to me to impose an easement in
a location that the county has no plan to build a road, it's not in one single part of the county's plans
right now.
By the same token, I understand the advantage of leaving the corridor there. We're willing to
do that. We're willing not -- to stipulate that that would be part of the -- the other concern I have is that
if we grant the easement, all of a sudden there's roughly four acres of land taken out of our property.
Now the 60 percent preservation requirement even takes more of the land than it would otherwise.
So what I'd like to do is assure you that we won't put anything in that corridor, and then if at
some point in the future an easement is needed there, it can be dealt with.
CHAIRMAN STRAIN: Thank you for the clarification.
COMMISSIONER SCHIFFER: Mark?
CHAIRMAN STRAIN: Yes, sir, Mr. Schiffer?
COMMISSIONER SCHIFFER: And I think we should do that. I mean, they've discussed
how when they were building their property they had to negotiate with the people to the west and then
never imagined that the owner to the east would ever want to do that with them. So I don't think that
showed the forethought necessary.
Attachment #3
Page 26 of 32
--
.'~-
.
.
Agenda Item No. SA
February 23, 2010
Excerpts from April 2, 2009 Page 46 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
So I think if we do that, let's do that in such a way that it is the width of a good collector road,
or whatever maximum road we think, plus some sizeable setbacks so that we don't fmd them
developing in that area again.
CHAIRMAN STRA1N: I agree. And I think something that's changed between 1991 and if
you had done this as a conditional use to agriculture in 1995, in '95 if you had done it we may have
been further along in some of our master planning of roads in the county, and the extension of
Vanderbilt Beach Road would have been left alone on this property.
The fact you're coming in today is like a second bite at the apple. Although the Vanderbilt
Beach Road extension may be too far down the road to bring into this rezoning issue here today, it's
still -- I don't put a lot of argument in the fact that it would have been the same if you had done it in
'95. I think in '95 we were getting out of some problems we had politically. We might have been a
little more sophisticated to a point where we realized that road extension waS needed and we might
have requested that road alignment or that area be left alone on the south side of this property and save
that alignment to go straight across.
So I'm not -- I don't still believe we need to make a second mistake in 2009 by letting this go to
a free-for-all from golf course to just open neutral and anything goes. I can't -- that I can't go to.
So my intention is to make sure that this is -- any uses or changes to this property, other than
those involving strictly the golf course and its facilities, would have to come back to the public process
to be approved.
Mr. Schmitt?
MR. SCHMITT: Can I ask for clarification? And from a stand -- we have no process to do
that. And I just want to discuss to make sure we understand how to proceed with that, if in fact the
board concurs with your recommendation. We have no fees for that, and we would have to -_ we could
identify what that would cost. It would be similar to undergo this process.
Do you want to have the required public notice in regards to advertisement, neighborhood
information meeting, those --
CHAIRMAN STRAIN: Well, Joe, I would treat it just -- we can't call it a PUD, but I would
treat it like a PUD, because that's honestly what this property should be coming in here for today is a
PUD.
.MR. SCHMITT: I just want to make sure we understand so that we proceed and we notice,
advertise and do all the other required processes prior to bringing it here so we have clear
understanding what your intent is.
So I understand what you're saying, it would be treated almost like a rezone again but coming
in to review tfie plat. And I understand.
CHAIRMAN STRAIN: Okay, so it would be in the form of a POO process I believe is what's
being suggested. And I'm not sure that's what everybody's suggesting, but that's what _
MR. SCHMITT: Okay, I just want to make sure so we understand and we can note that.
CHAIRMAN STRAIN: Mr. Wolfley?
COMMISSIONER WOLFLEY: Are you referring to every home at a time?
COMMISSIONER SCHIFFER: No.
COMMISSIONER CARON: No.
COMMISSIONER WOLFLEY: I mean, because they could build these over 10, 15 years by
right.
COMMISSIONER MURRAY: They'd still have to put in infrastructure.
Attachment #3
Page 27 of 32
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 47 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
.
CHAIRMAN STRAlN : You know what? There's a lot to be said for coming in with a master
plan well planned out with densities, heights, restrictions and setbacks. If they want to come in 110
times for a PUD process, then let them come in. I think the county would benefit from it because it
gets more staffhired because we have plenty of funds then.
But anyway, that's kind of what my thought is.
Anybody else have any comments during this discussion?
(No response.)
CHAIRMAN STRAlN: Okay--
MR. PASSIDOMO: Mr. Chairman--
CHAIRMAN STRAIN: -- do you have anything, JOM, you want to add?
MR. PASSIDOMO: If! can just close,
If! can propose that on three stipulations, and for your considerations, Mr. Chairman.
The first is, as we indicated earlier, we will come in with a new traffic impact statement at the
time of the SOP or plat, whatever it may happen to be.
Following up on Mr. Barton's comments, we'll provide a setback along that westem property
so that you know that there's sufficient land there to accommodate a public right-of-way if the county
wants to have a public right-of.way in that area.
And then finally, our proposal for your consideration, Commissioners, is that in order to give
some direction to the Planning Commission at a future time, to your staff and ultimately to the Board
of County Commissioners, when we come back in for a site development plan or a site plan, or before
we build the first house on the property, we have to come back before the Planning Commission and
the Board of County Commissioners to have that site plan and that -- and/or that plat approved __
recommended for approval and approved ultimately by the Board of County Commissioners.
CHAIRMAN STRAIN: I want to make sure that gets us the coverage that we're looking for.
You said if the plat or the SOP.
Ray, is there anything they can do without a plat or an SOP on this property?
COMMISSIONER WOLFLEY: Yes.
MR. BELLOWS: Other than a single-family home one at a time. They don't have to come in
for a plat. But once you do three or more units, you have to plat.
MR. PASSIDOMO: Mr. Chairman, I'll stipulate that we won't come in for one home without
coming through the platting or SOP process. Before we build the first home on the property, we'll
come in with an SOP or a plat, and the Board of County Commissioners and the Planning Conunission
will have the ability to see that.
CHAIRMAN STRAIN: Okay. Mr. Schruitt, in reference to the process that would be utilized
to make this come through, we would implement the PUD process in regards to advertising fees for
whatever else was in place for the review process to come before the boards, and then through the
board analysis we could adjust setbacks, heights or anything else that would seem inappropriate. Is that
clear?
MR. SCHMITT: Yes. And from here it would go to the board, but it would go to the board.
Most likely it will also include the final approval process, similar to any plat approval, which certainly
you're familiar with.
CHAIRMAN STRAIN: Right.
Attachment #3
Page 28 of 32
.'-~,
-~
-
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 48 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
.MR. SCHMITT: It would be part of that final approval plat process with a report from the
Plannivg Commission noting what we'd done. So it would be a combination between - almost like a
rezoning and a final plat approval when it goes to the board.
CHAIRMAN STRAIN: Okay, and if it went to the board under this new process and it had a
dissenting vote from the Planning Commission, it would not be on summary agenda then; would it
not?
.MR. SCHMITT: Certainly not.
CHAIRMAN STRAIN: Because all your plats are generally on summary agenda.
MR. SCHMITT: Right. They would not.
CHAIRMAN STRAIN: And it would be an exception in this case.
.MR. SCHMITT: iUght. We'd put it on the regular agenda, absolutely.
CHAIRMAN STRAIN: Okay. Well, I think it fairly checks out, subject to staff's figuring it
out when they come back with a consent agenda.
Does anybody else have any comments, questions?
Ms. Caron?
COMMISSIONER MURRAY: I just want to be --
CHAIRMAN STRAIN: Ms. Caron ftrst, then Mr. Murray.
COMMISSIONER MURRAY: Oh, I'm sorry.
COMMISSIONER CARON: Was it also your testimony, Mr. Passidomo, that the golf course
would not move?
.MR. PASSIDOMO: There's certainly no contemplation that it will ever move. Did I make a
comment as a stipulation that the golf course will never move?
COMMISSIONER CARON: Yeah.
MR. PASSIDOMO: No.
COMMISSIONER CARON: Okay.
MR. PASSIDOMO: And frankly, I don't even know really what that could mean or why the
public would have an interest in that.
COMMISSIONER CARON: No, it was just a statement that had been made and so I wanted
to make sure it shouldn't be.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: John, just in clarification, I'm sure you meant this, but when
you said we'll provide an easement of sufficient space to make a road there, Richard Road, Richard
Street, or whatever it is, right, that's what you said?
.MR. PASSIDOMO: No, sir. Thank you for asking for clarification, Mr. Murray.
What I suggested is that we'll have a setback in that area. The assurance is given that there
won't be any structures there. So if the county wants to come in at some later time and actually acquire
that property and create a road there, there won't be an impediment to their ability to do so in the form
of a setback.
COMMISSIONER MURRAY: Okay. And I appreciate that What I thought I heard, though,
Mr. Barton saying he was concerned that he would, by taking what is legitimately I think a standard for
a road, you're going to reduce it 60 percent, et cetera, et cetera. But that's okay, you're good with that?
.MR. P ASSIDOMO: If it's a setback then we're not reducing the native vegetation requirement.
I think that's the sensitivity we have.
COMMISSIONER MURRAY: Okay.
Attachment #3
Page 29 of 32
,. ''''.'~-~''---.
-.-...-.'" -
Excerpts from April 2, 2009
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
Agenda Item No. SA
February 23, 2010
Page 49 of 189
.
CHAIRMAN STRA1N: Anybody else want to comment at this time?
(No response.)
CHAIRMAN STRAIN: John, are you fmished?
.MR. P ASSIDOMO: Yes, sir, I am. Thank you very much.
CHAIRMAN STRAIN: Thank you. And--
COMMISSIONER CARON: Don't close it.
CHAIRMAN STRAlN: Oh, I'm not doing it yet. That's why I was asking.
Ms. Caron?
COMMISSIONER CARON: Yeah, I just wanted to ask transportation one last question here.
MR. GREEN: Michael Green, Transportation P1Rnning.
COMMISSIONER CARON: Looking in your crystal ball, do you see, can you anticipate the
need for this north-south Richards Street to become a corridor, an actual road?
MR. GREEN: You're digging a trap for me.
COMMISSIONER CARON: Yes, I am.
.MR. GREEN: We always try and get intercorIDections and create a grid. Yes, that would be a
benefit.
I don't have any tools available to me today in place to provide me the nexus to ask for this
under this proj ect.
CHAIRMAN STRAIN: But if you had a stipulation that provided you the ability for that
easement and you wanted to use it in the future, that would be more advantageous than not.
MR. GREEN: That's correct.
CHAIRMAN STRAIN: Go ahead, Mr. Schiffer.
COMMISSIONER SCHIFFER: Well, I was going to say, the best thing we can do is keep
them from building a golf hole where we need it, as the past has given us.
.MR. GREEN: That's correct.
COMMISSIONER CARON: Or a house.
CHAIRMAN STRAIN: Okay, anybody else?
Anything before I close the public hearing?
(No response.)
CHAIRMAN STRAIN: Okay, with that, we'll close the public hearing and we'll entertain a
motion. But let's have discussion first.
There's a lot of things that this project entails, and one of them is the extension of Vanderbilt
Beach Road.
As much as I hate what we've done with that extension, I don't believe we can find that as a
reason to deny this project. However, I think it's good that we had the discussion today and some more
information got on the table concerning that.
So that set aside, I also, as this whole board has expressed, this has not been a real clear
understanding of what they're trying to do here. The information we got is limited and doesu't provide
a lot of clarity. So based on that, I suggest that we consider the following stipulations: one is that the
golf course always will retain the Audubon Cooperative Sanctuary Program. And once it's rezoned
into the neutral land categories, it will come under the rules within the neutral lands for the golf course
operations.
Number two: There will be no density awarded as a result of to day's process. Meaning they
may go into the neutral land category, but they don't have any other uses allocated them through
Attachment #3
Page 30 of 32
-
,<'"'
-.
<
.
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 50 of 189
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
today's process, nor are they entitled to them until they come back through the third stipulation, which
is: That any uses or changes come back to the Planning Commission and the BCC under this process
similar to that of the PUD process for review and approval for all categories that we would look at as
though it were a PUD.
And number four: That the applicant will not build within the Richards Road corridor or allow
- and allow the county to acquire an easement if needed therefore in the future.
And those are the four stipulations I think that we talked out here today.
Does anybody have anything that they would like to consider adding to it, elaborate on?
(No response.)
CHAIRMAN STRAIN: Okay, is staff clear on the stipulations?
MS, DESELEM: For the record, Kay Deselem.
I need to know how big of an area you don't want them to build in. The talk was a setback,
what --
CHAIRMAN STRAIN: It says the Richards Road corridor. Whatever corridor width
transportation can provide you with between now and the time we get consent. Unless they know now.
MS. DESELEM: I heard John Podczerwinsky say the term 60 feet.
CHAIRMAN STRAIN: That sounds logical, because that's I think the minimum standard for
the county anyway. So let's leave 60 feet as a minimum corridor.
COMMISSIONER SCHIFFER: Well, Mark?
CHAIRMAN STRAIN: Yes, sir.
COMMISSIONER SCHIFFER: Plus I would like a setback for a building. So why don't we
just say 100 feet and make it easy, that they can't build within 100 feet of that property line. That
would give them the full right-of-way. It may be set up where they can only have half the
right-of-way.
And at the time of the review of the public hearing we'd be able to make a smarter decision.
CHAIRMAN STRAIN: Okay, I have no problem with that.
MS. DESELEM: So you--
CHAIRMAN STRAIN: They can't build within 100 feet of the western property line. And the
intent of that stipulation is for the future provision to Collier County to acquire that as an easement.
MS. DESELEM: Okay.
CHAIRMAN STRAIN: Are there any other clarifications you need, Kay?
MS. DESELEM: I think I've got it, thank you.
CHAIRMAN STRAIN: Anybody else?
(No response.)
CHAIRMAN STRAIN: Okay, is there a motion from the Planning Commission?
COMMISSIONER MURRAY: I'll make the motion.
CHAIRMAN STRAIN: Mr. Murray?
COMMISSIONER MURRAY: I would make the motion that the Planning Commission
forward Petition RZ-2008-AR-13951, known as Olde Florida Golf Club, Incorporated, with a
recommendation of approval, based on the stipulations as offered by the Chair.
CHAIRMAN STRA1N: Is there a second?
COMMISSIONER WOLFLEY: Second.
CHAIRMAN STRAIN: Seconded by Mr. Wolfley.
Any further discussion?
Attachment #3
Page 31 of 32
_ __. ',__..___w__._..___._..,_.._w___. '_"_"__'~''''_
Agenda Item No. 8A
February 23, 2010
Excerpts from April 2, 2009 Page 51 of 189 .
Collier County Planning Commission Hearing Minutes
For Petition RZ-2008-AR-13951, Olde Florida Golf Club
,
COMMISSIONER CARON: Yes.
CHAIRMAN STRAIN: Ms. Caron?
COMMISSIONER CARON: Yeah, I certainly would not have even considered voting for this
unless the commitment was made that it come back to us __
COMMISSIONER WOLFLEY: Absolutely.
COMMISSIONER CARON: -- a lot closely -- a lot more closely aligned with a POO process.
This isa huge piece of property out there and shouldn't be done to standard zoning.
CHAIRMAN STRAIN: And I would agree with you, I would not have voted for it without
that stipulation being in place.
COMMISSIONER MURRAY: And I too.
COMMISSIONER WOLFLEY: Neither would 1.
CHAIRMAN STRAIN: Okay, any other discussion?
(No response.)
CHAIRMAN STRAIN: Hearing none, all in favor of the vote, signify by saying aye.
COMMISSIONER SCHIFFER: Aye.
COMMISSIONER MURRAY: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KOLFLA T: Aye.
COMMISSIONER MlDNEY: Aye.
CHAIRMAN STRAIN: Aye.
COMMISSIONER WOLFLEY: Aye.
COMMISSIONER CARON: Aye.
CHAIRMAN STRAIN: Anybody opposed?
(No response.)
CHAIRMAN STRAIN: Motion carries 8-0.
Thank you very much. Appreciate your time. It's now 11 :30,
Ladies and gentlemen, we have two to go through.
COMMISSIONER HOM1AK: 11 :20.
CHAIRMAN STRAIN: Well, whatever time it is. It's so hard with that clock.
I'd just as soon, if it's okay with you, we'll keep pushing. We might be able to fmish these two
up in short order and not have to take a break for lunch. Is that -- we'll just have to see how it goes for
the next half hour or so.
COMMISSIONER MURRAY: Okay, move to approve.
Attachment #3
Page 32 of 32
"
Agenda Item No. SA
February 23, 2010
Page 52 of 1S9
AGENDA ITEM 9-C
c~x County
~ ~r-"",=
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 2, 2009
SUBJECT: PETITION: RZ-2008-AR-13951, OLDE FLORIDA GOLF CLUB, INC,
PROPERTY OWNER/AGENTS:
Owner:
Olde Florida Golf Club, Inc,
9405 Vanderbilt Beach Rd Ext.
Naples, FL 34120
Agents:
Margaret C, Peny AICP
Senior Project Planner
Wilson Miller
3200 Bailey Lane, Suite 200
Naples, FL 34105
John Passid01l10, Esquire
CheffY Passidomo
821 5th Ave, South
Naples, FL 34102
REOUESTED ACTION:
The petitioner wishes to rezone 553.67:1: acres from the Golf Course (GC) zoning district to the
Agriculture (A) Zoning District for a project known as the Olde Florida Golf Club.
GEOGRAPHIC LOCATION:
The subject property is located on the Vanderbilt Beach Road Extension, approximately 2 miles
east of the Vanderbilt Beach Road (CR 862) and Collier Boulevard (CR 951) intersection, in
Section 31, Township 48 South, Range 27 East, Collier County, Florida. (See illustration on
following page)
RZ-2008-AR-13951 Olde Florida Golf Club
Revised (2) 3/17/09
Page 1 of14
Attachment #4
..__.__._._--_.~~.,---
Agenda Item No. 8A
February 23, 2010
Page 54 of 189
PURPOSElDESCRIPTION OF PROJECT:
As described in the narrative statement included in the application, the petitioner pl'Oposes to
rezone the subject site to Agriculture to allow "for a broader range of uses" and to pl'Ovide a
"greater flexibility for the land owner by allowing agriculture, golf course, single-family dwelling
units and other uses by right, in accordance with the FLUE [Future Land Use Element of the
Growth Management Plan] and the Land Development Code." Given the GMP FLU!:!
designation, up to liD dwelling units could be developed on site. The petitioner's agent states in
the Traffic Impact Statement (TIS) that, "The proposed rezone intends to preserve the existing 18-
hole golf course and pelmit the addition of up to liD single family homes."
The subject property was rezoned from the Rural Agricultural Zoning District to the Golf Course
(GC) Zoning District with the approval of Ordinance Number 91-16 on FebmalY 12, 1991
(petition Number R-9D-23). As part of that rezoning action, an agreement was entered into by the
petitioner wherein certain improvements would be required as part of site development approval.
Most of the improvements or conditions are reiterations of site development plan requirements.
Subsequent to that rezoning approval, the site was developed with an eighteen-hole golf course
and its supporting facilities.
It should be noted that the proposed rezone back to the Rural Agricultural Zoning District utilized
the "conventional or standard" rezoning procedure that does not require a master plan to be
submitted as would be required if the property was rezoned to a PUD. However, the boundary
survey provided with the petition indicates there is a large conservation easement over lands in the
northeastern portion of the site. Site development issues will be addressed as p3lt of any future
development approvals that may be sought should the rezone be approved. Similarly, deviations
from the Land Development Code (LDC) cannot be sought as part of this rezone petition; any
subsequent development would need to be in compliance with all federal, state 3I1d local
development regulations unless variances are sought 3I1d approved through the appropriate
procedure in effect at the time.
SURROUNDING LAND USE AND ZONING:
North:
A mixture of five, ten and twenty-acre tracts, most of which are either used for
agriculturally (several tracts have single-family home also) 01' are undeveloped, all
of which have a wning designation of Agricultural with a mobile home overlay (A-
MHO)
Eight, lO-acre tracts and an 80-acre tract, all of which are undeveloped and under
one ownership, with a zoning designation of Agricultural with a mobile home
overlay (A-MHO)
scattered single-family homes, zoned Estates (E)
Golf Club of the Everglades, a 260-acre golf course, zoned Agricultw'al (A) with
Conditional Use approval for a golf cOl1l'se granted in Resolution Nwnber 99-61
East:
South:
West:
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3117109
Page 2 of 14
Agenda Item No. SA
February 23, 2010
Page 55 of 189
III ill -.._ -- -- :J
.-. 11I'I III .. ... I III I
.. . II .. _1IIIIII1IlIIIIlIIIIIII ..
rlB.-.1 II ....__ 11'I iii. _ 11II
._1 .. ~ ....... ._1....... .1I I
~ 1P1.!IIlIII
-..-.c.- . II r II _.. .. III!l 1!i - - _..
~ . 1.-- -..-
II~ .. .. :-... .-.'
I: .......1111 ': HI .. ...= · A III 1111
II,. .. I" -.- 11III .. III II .
"-' -.' 11I':"- 11II11I - .... _III .
II.. ,.... .... II ..=. _ II III .
. III III -- 11II -
lIr.ll II I' ._ 1111 [Ill -.. ·
I.. . . __ 1iI..... .-: ..
_." ..........11'-- _. ~.. -"II
i "'I~I"""'=- "'.-'.-=-_-
II =--.. . "_li"- IlL . _ -
I.. .. IIIIIm11 B.I .. ...
.... .. 1& ._-.-iIl ..... ___ .11.
!II!II II . .. .......-...
KV... .."-. -==-."!!.II _11-. .........
-..... -- --. -al __ _
..
-
Aerial Photo
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The Old Florida Golf Club property lies within the
Agricultural/Rural Designation, Rural Fringe Mixed Use District (RFMUD), Neutral Lands, as
depicted on Collier County's Future Land Use Map (FLUM). Golf courses and single.family
residential units are allowed by right in the Neutral Lands designated areas.
The IS-hole golf course, its clubhouse and maintenance facilities occupy the developed portions of
the subject property. An existing conservation area comprising approximately 51 acres will
remain unchanged. The County's Transfer of Development Rights (TDR) program provisions
were not applicable at the time of aIde Florida original approval. TDR program provisions apply
only to extent that they prohibit the transfer of development rights into or out of Neutral Lands,
The Olde Florida development will utilize only the base density entitlements generated by
developing property located in Neutral Lands.
RZ-20IJ8.AR-13951 Olde Florida GoW Club
Revised 3/17/09
Page 3 of 14
Agenda Item No. 8A
February 23, 2010
Page 56 of 189
The Collier County Future Land Use Element (FLUB) and Land Development Code (LDC)
contain specific requirements applicable to new development within Neutral Lands. Certain
requirements peltain to residential development. These items are discussed below. In the
following review, FLUE and other GMP provisions are shown in italics, while staff analysis and
commentary is provided in normal type.
Neutral Lands: Neutral Lands have been identified for limited semi-rural residmtial
development, Available data indicates that Neutral Lands have a higher ratio ofnat/ve vegetation,
and thus higher habitat values, than lands designated as Receiving Lands, but these values do not
approach those of Sending Lands. Therefore, these lands are appropriate for limited
development, if such development is db'ected away fl'om existing native vegetation and habitat. A
lower maximum gross density is prescribed for Neutral Lands when compared to Receiving Lands.
Additionally, certain other uses permitted within Receiving Lands are not authorized in Neutral
Lands. Within Neutral Lands, the following standardr shall apply:
1. Maximwll Density: 1 dwelling unit per 5 gross acres (0,2 units per acre).
Maximum density: There are 553,6 acres in the Olde Florida propelty. which would allow a
maximum density of 11 0 dwelling units.
2. Clustering: Clustering of residential development is allowed and encouraged, Where
clustered development is employed, it shall be in accordance with the following provisions:
a) lfwithin the boundaries of the Rural Transition Water and Sewer Dis/l'ict, and consistent
with the provisions of the Potable Water and Sanitary Sewer Sub-elements of this Plan,
central water and sewer shall be extended to the project. Where County sewer or water
services may not be available concurrent with development in Neutral Lands, interim private
water and sewerfacililies may be approved
b) The maximum lot size is one acre.
c) The clustered development shall be located on the site so as to provide to the greatest
degree practicable: protection for listed species habitat; presel1'ation of the highest quality
native vegetation; connectivity to aC#acent natural reservations or preservation areas on
aC#acent developments; and, creation, maintenance or enhancement of wild lift corridors.
d) The minimum project size shall be at least 40 acres.
The amount of detailed development infOlmation necessary to address provisions (a) t1u'ough (c)
above is absent as this is a standard rezone petition, The specifics of t11ese provisions may be
addressed fully at the time a subdivision plat is submitted for review. 01de Florida is a 553.6 acre
development and meets the minimum project size requirement.
3, Allowable Uses: Agricultural uses; Single-family residential dwelling units, including mobile
homes where a Mobile Home Zoning Overlay exists; Multi-family residential structures;
Dormitories, duplexes and other types of stajJhousing, as may be incidental to, and in support of,
consel1'ation uses; Group housing; StajJ housing as may be Incidental 10, and III support of, safety
service facilities and essential services; Farm labor housing; Sporting and Recreational camps;
Essential services; Golf courses or driving ranges; Zoos, aquariums, botanical gardens, or other
similar uses; Public educational plants and ancillOlY plants; Facilities for the collection, transfer,
processing and reduction of solid waste; Community facilities, such as, places of worship,
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3t17/09
Page 4 of 14
Agenda Item No. 8A
February 23,2010
Page 57 of 189
chlldcare facilities, cemeteries. social and fraternal organizations; Sports instructional schools
and camps; EI11.thmining, oil extraction and related processing; Parks. open space. and
recreational uses; and, Private schools.
Golf courses or driving ranges are subject to the following standards:
(1) Golf courses shall be designed, constructed, and managed in accordance with the best
management p1'Qctices of Audubon International's Gold Signature Program and the Florida
Department of Environmental Protection. .
(2) In order to prevent the contamination of soil. surface water and ground water by tho
materials stored and handled by golf course maintenance operatio/1S. golf cou/;ses shall
comply with the Best Management Practices for Golf Course Maintenance Departments.
prepared by the Florida Department of Envll'onmental Protection. May 1995.
(3) To p/'Otect ground and sUlface water quality from fertilizer and pesticide usage. golf
cOUl:~es shall demonstrate the following management practices:
(a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of jertilization
applications;
(c) The use of an integrated pest management program using both biological and
chemi.cal agents to control various pests;
(d) The coordination of pesticide applications with the timing and application of
irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011. Managing Pesticides for
Golf Course Maintenance and Water Quality Protection. May 1991 (revised 1995) to
select pesticides that will have a minimum adverse impact on water quality.
(4) To ensw'e water conservation, golf courses shall incorporate the following in their
design and operation:
((:I) Irrigation systems shall be designed to use weather station information and
moisture-sensing systems to determine the optimum amount of irrigation water needed
considering soil moisture and evapotranspiration rates.
(b) As available. golf courses shall utilize treated effluent reuse water consistent with
Sani/alY Sewer Sub-Element Objeetil'e 1.4 and its policies;
(c) Native plants shall be used exclusively except for special purpose areas such as
golf greens, faini'ays. and building sites. Within these_excepted areas. landscaping
plans shall require that at least 75 percent of the trees and 50 percent of the shrubs be
ji-eeze-tolerantnative Floridian species. At least 75 percent of the required native trees
and shrubs shall also be drought tolerant species.
(5) Stormwater management ponds shall be designed to mimic the functions of natural
systems: by establishing shorelines that are sinuous in configuration in order to provide
increased length and diversity of The littoral zvne. A Littoral shelf shall be established to
provide a feeding area for water dependent avian species. The combined length of vertical
and rip-rapped walls shall be limited to 25 percent of the shoreline, Credits to the site
i
I
I
I
I
- I
,
RZ_2008-AR-13951 Olde Florida Golf Club
Revisad 3/17/09
Page 5 of 14
.
Agenda Item No. 8A
February 23, 2010
Page 58 of 189
-,
preservation area requirements, on an acre-to-acre basis, shall be given for lilloml shelves
that exceed these littoral shelf area requirements.
(6) Site preservation and native vegetalion retention requirements shall be the same as
those set forth in the Rural Fringe Mixed Use District criteria, Site preservation areas are
intended to provide habitat functions and shall meet minimum dimensions as set forth in the
Land Development Code. These standards shall be established within one year,
Based on FLUE provisions for golf courses in the RFMUD. requirements specifY they shall be
designed, constructed and managed in accordance with Audubon's Signature program.
I
I
,
i
I
I
I
The Olde Florida Golf Course however, was designed and constructed before the RFMUD was
created and before Audubon Siguature program certification was required. Audubon's Siguature
program is available only to newly proposed projects, including golf courses in the design or
development stages. Audubon's Cooperative Sanctuary Program (ACSP) is the altemative
program available to existing golf courses like Olde Florida.
Both the Signature and the Sanctuary programs are characterized as education and certification
programs, and the two embrace significantly similar land management and natural resource
conservation practices. Both include comprehensive management programs. Primary differences
between the two programs involve not the land management 01' conservation practices themselves,
but whether verification of ongoing program palticipation and compliance are conducted with on-
site Audubon-certified visits or by submitting documentation to Audubon International - and the
associated costs for doing so.
4. Native vegetation and preservation requirements: Native vegetation shall be preserved as
setforth in CCME Policy 6.1.2.
The petitioner has indicated that the existing 51-acre conservation area will be incorporated into
the required preservation area. Strict compliance with CCME Goals, Objectives and Policies will
be determined as palt of any subsequent development order reviews.
5. Density Blending shall be permitted subject to the provisions set forth in the Densily
Rating System.
No density blending is proposed for the subject property.
In reviewing for compliance with FLUE Objective 7 and subsequent Policies regarding Smalt
Growth principles derived from the Toward Better Places. Community Character Plan for CoIlier
County, staff provides the following analysis.
Policy 7.1 The County shall encourage developers and property owners to connect their
properties to ji'onting colleclor and arterial roads, except where no such conneclion can be made
wiltwut violating intersection spacing requirements of the Land Development Code.
The project has direct access to Vandel'bilt Beach Road extension, a collector road.
I
.
,
.
I
I
,
I
I
,
;
,
.
.
,
I
I
,
,
.
I
.
.
.
I
I
I
,
i
,
.
RZ-2008-AR-13951 Olde Florida Golf Ciub
Revised 3117109
Page 6 of 14
Agenda Item No. 8A
February 23, 2010
Page 59 of 189
Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce
vehicle congestion on nearby collector and arterial roads and minimize the need jor traffic
signais.
Policy 7.3 All new and existing developments shall be encouraged to connect their local streets
and their interconnection points with adjoining neighborhoods or other developments regardless
of land use type.
I
I
,
,
.
,
I
,
,
,
Policy 7.4 The County shall encourage new developments to provide walkable communities with
a blend of densities, common open spaces, civic facilities and a range of housing prices and types.
The amount of detailed development information necessary to address these Policies is absent as
this is a standard rezone petition. The specifics of these Policies shall be addressed fully at the
time of SDP or a subdivision plat is submitted for review. Based on the above analysis, staff
concludes that the rezone may be deemed consistent with the FLUE.
Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has detel1uined that the roadway network has sufficient capacity to
accommodate tins IIO-unit project within the 5-year planning period.
Vanderbilt Beach Road Impacts: The first concurrency link that is impacted by this project is Link
113, Vanderbilt Beach Road East of CR-95 I. The project generates 52 PM peak hour, peak
direction trips on this link, which represents a 6.8 percent (significant) impact on this roadway.
This segment of Vanderbilt Beach Road is cUI1'ently in the right-of-way acquisition process to
acconunodate a planned expansion beginning outside the five year capital improvement plan. The
remaunng capacity and Level of Service are not currently reflected in the adopted 2008 AUIR
Please note that portions of the project's access along Vanderbilt Beach Road are held in private
ownership and arc granted via cascmcnts as shown on thc Acccss Managemcnt Plan includcd in
the application. No subsequent links of Vanderbilt Beach Road are significantly impacted.
County Road 951 Impacts: No subsequent links of County Road 951 are significantly impacted in
the Peak Direction during PM Peak Hour.
Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation
Element of the Growth Management Plan (GMP).
Environmental Element: There are no CCME issues for this petition as part of the rezone action.
All Environmental Impact Study (ElS) , wetland and preservation issues will be addressed as palt
of any subsequent development order review.
,
.
I
I
i
I
I
I
I
I
I
I
!
;
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and has reviewed the criteria
on which a deternlination must be based. These criteria are specifically noted in Section
1O.03.05.H. of the LDC. The staff evaluation establishes a factual basis to support the
reconnnendations of staff. The Collier County Planning Conuuission (CCPC) uses these same
criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in
turn use the criteria to SUPPOlt their action on the rezoning request. These evaluations are
completed as patt of the Zoning and Land Development Review provided below.
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3/17109
Page 7 of 14
.
Agenda Item No. 8A
February 23, 2010
Page 60 of 189
I
,
"'
Transportation Review: Transportation Department Staff has reviewed the petition for compliance
with the GMP and the LDC. TranspOltation Planning staff can reconunend approval of this
project.
..-
Environmental Review: Envirorunental Review staff has reviewed this petition, and recollUnends
approval. TIle Environmental Advisory Council (EAC) did not review this petition, and an
Environmental Impact Study (ErS) was not required because a conventional rezone does not
require a site plan. An EIS will need to be provided with any subsequent development order
approvals that may be sought if the rezoning is approved. Preservation areas will be addreSSed as
part of development order review. Wetland line(s) will have to be verified and approved by the
SFWMD prior to completion of next development order.
Utilities Review: Public utilities staff has reviewed this petition and has no objection. According
to the current 2008 Water and Wastewater Master Plan Updates, the project location is within the
CoIlier County Water - Sewer District Service Area. Per GIS, there is an existing lO-inch water
main on Vanderbilt Beach Road Extension. GIS does not show that the County owns sewer
utilities in the right-of-way contiguous to this development. Since the project site is not presently
serviced with centrally provided sewer, the project will need to utilize a septic system until central
sewer is available. This project is located in the zone of the existing North Hawthol11 Wellfield of
the North County Regional Water Treatment Plant. TIle lules and regulations for protection of
wellfields will need to be followed, All well sites and pipeline easements located on and close to
tlus project will need to be shown on all future site development plans, PPL or any other site plan
applications.
Z01liJtR and La1ld Development Reviews; Zoning staff has reviewed tIus petition and concurs
with tl1e findings of Comprehensive Planning. TIle proposed rezone and use is found to be
consistent witl1 tile GMP. In addition, tl1e proposed project will meet the Agricultural Zoning
District criteria. According to LDe Section 2.03.01, the purpose and intent of the rural
agricultural district is to provide:
. , . . lands for agricultural, pastoral, and rural land uses by accommodating traditional
agricultural, agricultural related activities and facilities, support facilities related to
agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources of the County are permissible as
conditional uses in the A district, The A district correspondr to and implements the
Agricultural/Rural land use designation on the future land use map of the Collier
COl/nty GMP, and in some instances, may occur in the designated urban area. The
maximum density permissible in the rural agricultural district 'within the urban mixed
use district shall be guided, in part, by the density rating system contained in the filture
land l/se element of the GMP. The maximum density permissible or permitted in the A
district shall not exceed the density permissible under the density rating system, The
maximum density permissible in the A district within the agricultural/rural district of the
future land use element of the Collier County GMP shall be consistent with and not
exceed the density permissible 01' permitted under the agricultural/rural district of the
future land use element.
,
I
,
,
,
I
I
.,""'-
RZ-200S-AR-13951 Olde Florlde Golf Club
Revised 3t17109
Page 8 of 14
.
Agenda Item No. 8A
February 23, 2010
Page 61 of 189
,
,
I
As noted on page 2, the petitioner is seeking this rezone to allow agricultural uses as well as
single-family dwellings and golf courses and other llses by right. The proposed intent of the
rezone appears to be in agreement with the purpose and intent of the Agricultural zoning district
and the list of uses permitted within it because the RFMUD-Neutral designation allows these uses
by right. That designation is an overlay district which supersedes the limitations of the
Agricultural zoning designation to allow additional uses (the golf course use) that would otl1erwise
require conditional use approval in a non RFMUD-Neutral GMP land use designation,
The subject property is surrounded by agticuItural zOlung on three sides-UOlth, east and west. To
the nOlth and east the lands are either undeveloped or used for agricultural activities, To the west
is a golf course. To the south is tl1e pl'Oposed Vanderbilt Beach Road Extension and then single
family houses within the Estates zoning district. If the rezoning is approved, the developer will be
required to pl'Ovide tl1e minimum landscape buffers as provided for in the LDe in effect when
future development is sought. At the present time, residential zoning or uses that abut agricultural
zoning or uses would be required to provide a Type A buffer, which is a 10-foot wide landscape
buffer with trees spaced no more than 30 feet on center. As indicated in tl1e GMP discussion of
tl1is staffrepOlt the 553.6 acres in the subject site would allow a maximum density of I 10 dwelling
.
umts.
Excerpts from
Lot Design Requirements for Principal Uses (LDC Section 4.02.01,A)
Iln feet, unless otherwise noted]
I
I
.
,
I
,
I
I
Zoning
District
Front Yard
Side
Yard
Rear
Yard
Lot Area
(sq ft)
Lot
Width
Floor Area of Buildings
(sq. ft.)
.~,.~,.,,~...; ~ . ";:-,::" V,;~;::A~'::':'"":;'7"iU"'\!i:'''9nl:..'.,.,-.~;D:''L:''',';,,'q,,~~,""fYi:";;";:P\I-a;"~'q''''''j'~~~;-.,.cc';,;~:,:,,'~~'ii;':\:~:("'~ iii"'!" "'_~':'p1t"''''';:'')''.~'' ~7:~;H1:'a":"o.;r'Q!-;'f;'i<,;:,'c";~):\~?"~';~;t"+"6"~'5}";,i;;'l:'-:"""';"'''''''~l'';'''\iii,.',~,~, "j"r"":w;~"::G';1,!,,,';;"';;"":"-';""it!'<';'.\i;'.tii~~,'(
"' ." 'j'''" , ~,.> '.."",.,,,. ". ,."... ".,.. ..."'" -,'..' , .,.,.... .... .". ,',"'.., ..' .,.. ", 0 < .,0 ..,..",....' ".'~'''''''",",..,-.,'.-, .,' -"" "'. 11...""., ,.".-"'..," ,.
,',;' :. ~i ~'ii" ,~..,~'.:';;'i'~"l'";""'K'.tlit,j' ;.., ~~;.;;.",I'.';_';":/:~f'.",:";,)-:;.'" . 'i~h_~:',_;::,,!:.:?!:;,,-,'.- C, ,,':';"::"',>,.':;,~i''-... _. .; ", ;, ,,'J,,':":..'(ii':"';-,~", -. . '-'>",'ii,\~~,~'";'!,: '-,~'t(;,;\;".-.';~l;i'l """!ftj'. .,.!!",t /:""~'if.<1>!"V)
..'~ ,,- i'~,"',,,,',,",',,;,,,,,,"';."'~,',,,,,.',, -.. ,':""",~",_,"_'_O""'_"" """.- .,'. I,-".",.,_"."".-f,;-:'t.._ _ .. ,"A~"",_,,,..,,.,.J-;:._ . " '. J. __.. ,,,,,-,'O>;.'~"'''C':'''' ,_ ,-.I:"~""'i"t',.,-.-~H"""''''''i;:''''''~ '" ...._ ,;:..,~,:l:',Ji.j;,,,,,",,,,,,,,.,,
. , ..' - ',' '.. . ..... ....--. -. ..'." ",' ...., '''" .... .". .. .~. - .. - ,." . .- ". . ..~....,. .".' '.' . .' ,. ',' '.' '., ,. ... "-. . ." . ". . . '--.'..'
,.;#.';Rj, """,,""'.t<, ,..n,,_,H'k~""'''' .~...."" ..,"<,,_,...., ..,.....,., .....~"'c.,'~,.,""..<,.,,I."'.~"..,,",.... 01',,':""'" """,'~..""''''''''_'~' "'H~..,,,,.. i"-",;""",<':'..'.'"f,,,,,,.,,,.,o,; "')'''!<Io..,.w,:'l"ft)-''''''''''''>",..'~",,,,,,",,,,, ,~~ .~, "'~.~''''''''~.; '''',.','
!
!
,
I
GC
None
None
None
None
None
",,',-
. I
'...-...--
.~ None" ..
AU numbers shown are the required minimum amounts
Maximum Building Height of 35 feet is the same in both districts
LDC Subsection 10.03,05,1.2 states, "When pertaining to tl1e rezoning of land, the repOlt and
recollU1lendations to the planning commission to the Board of County Commissioners.. ,shall show
that the plaru1ing commission has studied and considered proposed change in relation to tl1e
following when applicable." [Staff's responses to these criteria al'e provided in non-italicized
font]:
Rezone FindiJ!g!l
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
future land use map and the eleme/1ts of the GMP.
RZ-2008-AR-13951 Olde Florida Golf Club
Revised (2) 3117/09
Page 9 of 14
,
,
,
,
Agenda Item No. 8A
February 23,2010
Page 62 of 189
.,."'
As noted in the GMP eonsistency portion of this report, the proposed uses and development
standards would generally further the goals and objectives ofthe FLUE and the applicable pOltions
of the CCME and the Transportation Element. Therefore, staff reconunends that this petition be
deemed consistent witl1 the GMP,
2. T71e existing land use pattern.
As described in the "Suu'ounding Land Use. and Zoning" p011ion oftlus report, the neighborhood's
existing land use pattern is characterized by agriculturally zoned and used lands to the north and
east; agriculturally zoned lands uses as a golf course to the west; and the Vanderbilt Beach Road
Extension tl1en Estates zoned lands with residential uses to the south.
,
i
i
I
I
I
I
I
I
<
I
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
-
The proposed rezoning would not create an isolated zoning district because, as noted above the
parcel is sUl1'ounded by agricultural zoning on tIn'ee sides.
4. Whether existing dislrict boundaries are illogically drawn in relation to existing conditions on
the property proposed for change.
As shown on the zoning map included at the beginning of this report, tl1e existing district
boundaries are logically drawn. The proposed zoning boundaries follow tl1e propelty ownership
boundaries. The location map on page two of the staff report illustrates the perimeter of the outer
boundary of the subject parcel.
i
<
<
,
,
I
I
,
5. Whether changed 0/' changing conditiollS make the passage of the proposed amendment
necessOlY.
The proposed change is not necessary, per se; it is being requested in compliance with tile LDC
provisions to seek such changes, The proposed zoning change is appropriate because its
relationship to the FLUE (Future Land Use Element of tile GMP) is positive.
6. Whether the proposed change will adversely influence living conditions in the neighborhood,
The County's land use policies tl1at are reflected by the Future Land Use Element (FLUE) of the
GMP supP0l1 the approval of the uses proposed at this location. Staff is of the opinion that the
proposed rezone is consistent with the County's land use policies that are reflected by the Future
Land Use Element (FLUE) of the GMP. If the 110 dwelling units are developed on site, the LDC
required buffers and development standards should ensure that any future residential development
is compatible witl1 the neighborhood. Therefore, staff is of the opinion that the proposed change
will not adversely influence living conditions in the neighborhood.
7. Whether the proposed change will create 01' excessively increase traffic congestion 01' create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular IrcrjJlc, including activity during construction phases of the
development, or olherwise affect public safety.
.
RZ.2008-AR-13951 Olde Florida Golf Club
Revised 3i17t09
Page 10 of14
,
Agenda Item No. 8A
February 23,2010
Page 63 of 189
TIle proposed change will not create or excessively increase traffic congestion over the amount
currently generated under the CG zoning. However, the surrounding property owners may
perceive tl1e rezone to the Agriculture Zoning District to allow additional dwelling units to be
constructed as adversely impact traffic flow on the local streets, Since the transpOltation analysis
does not indicate that the traffic generated by tl1is project would be considered excessive, staff
does not believe the additional traffic would be considered incompatible.
,
I
I
I
,
I
8, Whether the proposed change will create a drainage problem,
,
I
,
I
,
,
,
I
,
,
The development that tl1e rezoning could allow should not create drainage or surface water
problems because the LDC specifically addresses prerequisite development standards as palt of the
local development order process that are designed to reduce the risk of flooding on nearby
properties. Any proposed water management and drainage system will need to be designed to
prevent drainage problems on site and be compatible with the adjacent water management systems.
Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on
new developments,
I
I
,
,
i
,
9, Whether the proposed change will seriously reduce light and air to aqjacent areas.
The proposed change will not seriously reduce light and air to adjacent areas since projects in
Collier County are subject to the development standards that are unique to the zoning district in
which it is located. These development standards and others apply generally and equally to all
zoning districts (i.e. open space requirement, con'idor management provisions, etc.) were designed
to ensure tIlat light penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change would adversely affict property values in the aqjacent area.
Since the proposed change is deemed to be consistent with tl1e GMP and LDC, staff is of the
opinion that propelty values should not be adversely affected. This is a subjective determination
based upon anticipated results which may be intemal or external to tl1e subject property. Property
valuation is affected by a host of factors including zoning; zoning by itself mayor may not affect
values, since value detelmination is driven by mark",t value. TIlere is no guarantee that the project
will be marketed in a manner comparable to the sUITounding developments.
11. Whether the proposed change will be a deterrent to the improvement or development of
aqjacent property in accordance with existing regulations,
Propelties around this property are already partially developed as previously noted, The basic
premise underlying all of the development standards in the LDC is that sound application, when
combined with the site development plan approval process and/or subdivision process, gives
reasonable assurance that a change in zoning will not result in deterrence to improvement or
development of adjacent property. TIlerefore, the proposed rezone should not be a deteITent to tl1e
improvement of adjacent properties.
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3/17/09
Page 11 of 14
.
Agenda Item No. 8A
February 23, 2010
Page 64 of 189
.-
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
The proposed development complies with the GMP, a public policy statement supporting Zoning
actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed
change does not constitute a grant of special privilege. Consistency with the FLUE is finiher
determined to be a public welfare relationship because actions consistent witl1 plans are in the
public interest.
,
,
I
I
,
I
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
There is no reason tl1e property could not be used in accordance with existing zoning. Any
petition for a change in land use is reviewed for in compliance with the GMP and tile LDC with
the Board of County Commissioners ultimately ruling what uses and density or intensity is
approved or, on tl1e contrary, if the petition is denied. This petitioner is proceeding through the
proper channels to gamer tl1at Board ruling.
I
,
,
,
14, Whether the change suggested is out of scale with the needs of the neighborhood or the county.
"-~,,,
The proposed development complies witl1 the GMP requirements for the uses proposed and
density would not be allowed to exceed the GMP allowances. The GMP is a policy statement
which has evaluated the scale, density and intensity of land uses deemed to be acceptable
tl1roughout CoIlier County. Staff is of the opinion that the zOlung district will ensure that the
project is not out of scale witIl the needs of the community.
15, Whether it is impossible to find ot11'er adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the eounty that could accommodate the uses proposed; however, this
is nnt tile determining factor when evaluating the appropriateness of a zoning decision, The
petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does
not review otIler sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the propel'ly usable for any of the range of potential uses under the proposed
zoning classification.
Any development anticipated by the proposed zoning district would require considerable site
alteration and this project will undergo extensive evaluation relative to all federal, state, and local
development regulations during the site development plan approval process and again later as part
of the building permit process.
RZ-2008.AR-13951 Olde Florida Golf Club
Revised 3t17109
Page 12 of 14
.
Agenda Item No. 8A
February 23, 2010
Page 65 of 189
.
17. The impact of development on the availability of adequate public facilities alld services
consistent with the levels of service adopted in the Collier County GMP and as deft/led and
implemented through the Collier County adequate public facilities ordinance.
I
,
.
I
i
,
,
I
I
I
,
,
I
I
!
I
I
I
.
The project will have to meet all applicable criteria set forth in LDC Section 6,02.00 regarding
Adequate Public Facilities for and the pl'Oject will need to be consistent with all applicable goals
and objectives of the GMP regarding adequate public facilities. This petition has been reviewed
by county staff tllat is responsible for jurisdictional elements of the GMP as prot of tl1e rezoning
process and those staff persons have concluded that no Level of Service will be adversely
impacted.
18. Such otherfactors, standards, or criteria that the Board of County Commissioners shall deem
important In the protection of the public health, safety and welfare.
To be detelmined by the BCC during its advertised public hearing. Based upon the above analysis,
staff is of tile opinion that tl1e proposed change to the Agricultural Zoning District is not
anticipated to have an adverse effect upon tile sUlTounding area.
NEIGHBORHOOD INFORMATION MEETING (NIM);,
The meeting was duly noticed by the applicant and held on February 19, 2009 at 5:30 p.m. at the
Golden Gate Estates LibralY. Five people from tl1e public attended, as well as the applicant's teron
(Margaret Perry, Jeff Perry and Tom Trettis of WilsonMiller, Inc, and Bill Barton and Tom
Wildenhaus from aide Florida Golfelub) and county staff.
Ms. Perry presented an overview of the requested Rezone their client is seeking. Ms. Peny
explained that by rezoning the property from its current Zoning of Golf eourse to Agricultw'e this
would allow the property owner more uses, such as single family homes.
There was no opposition to the rezone, but the following comments were made by those in
attendance. One resident wanted to know where the access to the property would be. The
petitioner responded that it would be in tl1e same place as it is today; no change is proposed. TIle
same resident wanted clarification that no cOllUl1ercial uses could be built with this rezone, rold the
petitioner assured him that commercial use is not an approved use under agriculture or in tl1e Rural
Fringe Neutral Area and that in order to allow commercial uses, a Growth Management Plan
Amendment would be required. Several residents asked if there were any plans to remove the golf
course. The property owner stated that he intends to keep the CUITent golf course intact. A
discussion also occul'l'ed regarding the alignment of the Vanderbilt Beach Road Extension.
STAFF RECOMMENDATION:
The Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) fOlward a recommendation of approval of Petition RZ-2008-AR-13951 to
tl1e Board ofeounty Commissioners (BCC).
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3117f09
Page 13 of 14
Agenda Item No. 8A
February 23,2010
Page 66 of 189
PREPARED BY:
/J d13-c!Yl
SELEM, AlCP, PRINCIPAL PLANNER DATE
TMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
JJ.t, Glt A (J{()
HE I ASHTON-CrCKO
CHIEF ASSISTANT COUNTY ATTORNEY
3.} r~ ) DV/
DATE
?~L ~)M"J --- " :) /1} if: '7
RAYMO D V, BELLO S, ZONING MANAGER / ATE
DEPAR MENT OF ZONING & LAND DEVELOPMENT REVIEW
~-~,l~
SUSAN MURRAY ISTENES, ArCp, DIRECTOR
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
3 /1 ~ /0 9
IDA 13
APPROVED BY:
Tentatively scheduled for the June 9, 2009 Board of County Commissionel'S Meeting
COLLIER COUNTY PLANNING COMMISSION:
~
MARK . STRAIN, CHAIRMAN
Jf
l{,'Z/r;;>'}
DATE
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3112/09
Page 14 of 14
"
Agenda Item No. 8A
February 23,2010
Page 67 of 189
Ordinance with ORIGINAL CCPC stipulations
(from 4/2/09 ccpe hearing)
ORDINANCE NO. 09-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A GOLF
COURSE (GC) ZONING DISTRICT TO AN AGRICULTURE
(A) ZONING DISTRICT FOR THE PROJECT KNOWN AS
OLOE FLORIDA GOLF CLUB, LOCATED AT 9405
VANDERBILT BEACH ROAD EXTENSION, IN SECTION 31,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 554+/- ACRES;
PROVIDING FOR REPEAL OF ORDINANCE 91-16; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Margaret C. Perry, AICP, of Wilson Miller, Inc., and John Passidomo, Esq.,
representing Olde Florida Golf Club, 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, that:
SECTION ONE:
The zoning classification of the real properly more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, located in Section 31, Township 48 South,
Range 27 East, Collier COlmty, Florida, is changed from a Golf Course (Ge) Zoning District to .
an Agriculture (A) Zoning District for a 554+/- acre project known as Olde Florida Golf Club.
The appropriate zoningatIas map or maps, as described in Ordinance N\lmber 2004-41, as
amended, the Collier County Land Development Code, i8lare hereby amended accordingly,
subject to the stipulations, attached hereto as Exhibit B and agreed to by Olde Florida. Golf Club,
Ino. The stipulations shall also be binding on the successors and assigns of Olde Florida Golf
Club, Inc.
Old. FL Golf2008-AR-1395l rev. 4/09/09
I
Attachment #5
.'
Agenda Item No. 8A
February 23, 2010
Page 68 of 189
SECTION TWO:
Ordinance 91-16 is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Conunissioners of Collier County, Florida, this day of ,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMTSSIONERS
COLLrER COUNTY, FLORIDA
By:
, Deputy Clerk .
By:
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
~~~'\
Heidi Ashton-Cicko
Assistant County Attorney
Attaolunents: Exhibit A - Legal Description
Exhibit B - Stipulations
OS-CPS.()()9()212S
Olde FL Golf2008-AR-1395! rev. 4/09/09
2
Agenda Item No. SA
February 23, 2010
Page 69 of 189
ORfl 994a Ps 14:20
DOROTHY H, W!LKE~I CLERK PE ~OUNT'I FL
EXHIBIT "A"
Lei81 Description
All of Section 31, Township 48 South, Range 27 East, less the East balfofthe Northeast quarter
thereof, Comer County, Florida,
And Less:
AU mil part or Sec1Jon JI. TOWNI1lp "'. South. Rani' 11 EU1. Colli., COlJnly, F1adda. bltn, mati
pIlIktll,,1Y du<rlbed u r.lI.w,;
8Eo1NNINO It th..tMHhwc:l1 COtner of Scclton 3f. 'row~hlp U South. Rlftl' 2J HUI;
thene. alollllh. wtlt llhe otuld ScctloA 31. Narth OI'09t'2"" WaJt 171.66 'tlet;
lht....I...I.,..1cI WOI' 11..110,,11 11'$0')6" aut 127.49 'cell
1ll_1I0IlhG"U'ZI'1!aJI3IUJf.0l;
Ill........" 1]'31'40' I!aJI 1014,19 '''I:
Ill..... N1l1h 12"31'''' _ 90.521t<41
........ H.1Ih 74'34'44' Well 43"', fctt:
III.... HOtIll "'''':\G' Ww 351,0) r..., _
111.... H0ttII47'3Z'W West 321.00 t"':--R C
-'110"10 29'Z7'34" w... 131"'4:f4:fifM/' '_ 0 lJJI ;
dI.... H.nh W47'2" W... Z I'd - ~ V:;-.
,,"ftC, Harth "'09'12'... ...; .t-......
Ihcace HOIIlIlH'SO'41' W fetel -(.
- NOllh "'51'$1' INI,~
lht... Nonb 22'40'09' I,
_ HotUl 32'14'31' ell 1,13 ,...;
tlteMf. North 01'23'01' W .
_1Io1lh14'30'IZ Ilul 01. 0
iii.... N1l1h "'03'4'/ l!IJt I, ~
11I_ 1"111450'14'49' G,
III.... .... 6lI'3S'ZO' II, ; I P::
II..... SouIlo W4S'$4' .s7f...: i::) i
._._41'1"2.5' If"'; 0
"'...._09'23.W . r...: C
ch.... SooIIlII5O'SG"9'l!asi , i: )
111.... Sw,U6'IO'3O' 1!..1I . ''\.
tIl.... Soudl G$'4I'U' Ealltl. . ~-- ,.,~.
_S..UI'42'19'I!aIIII5O,7] ~.('fE cn~.Y
111.... SOlI. S1'l19'ZO.l!IJt %4..,0 t.ee: --- .
II...... Sou'" l7'OI'46'I!IoI13U9 ,..~
...... south OS'30'ZO'1!IlI114.l9 tltl;
...... South U'W "'1!aII 11.39 re,,,
"'.... South 01'%"]9' W... 193.59 'w:
"',,,,'ouIllZO'O"G' WOJI 17.)1 r...:
....... N.nIt 19'21'$3'1!IlI m.49 I.":
....... loudl 00'31'01' 1&111500, n r"'l
.......1Io.1ll.1.40'OO.1!aJI Ut9.71fetilo . pOI.. on 111. ..,t 1/4 co,.tf 0".1d loctlo. 31:
...........,dIt ....llato'..1oI S...ton)l, S..", oo'39'U' East 2682.13 'eet.. "" ....th...,
corner of ,aW ,..loa SI:
th....II..IIh....'" I.... .".Id Sealon 31, '01111111'55'34' Wu, 1136.01 t..1 I.th. P.I.1
of 'eallllllol 01 "" pam! .,,11. duerlbtd;
....11."" UU4 ..... ..... '" leu;
subJod to ........11 "'" ....r10l1o.. 0' ,...,d;
beall.II... ~1Ied ..11I. ...'h n.. of..kl 1.<110. 31, bel., $.uth &1'55'3.' W..I.
,
...
...
...
~
..
.....
.....
e
C!
.,
'.
"
:::
~
...
...
...
rii::wh~' : i. ';' ~ ~".' tt::j ~.:.fj' tJl dQCunl80(
ll'j,,".. ""II.:.\d\f~IVed.
Page 1 of 2
--~
1864
WILSON, MILLBR, BARTON & Pml1t\ .ll$.llK
l!nJl-.I'\tllwI,~~..., L4f1lflU"AlCttlfw'~nWC"IIIllJnllAOtAIIIVCIIu 101...'....
.... ,.,.,..loooft:lltlt.hlltlOl, )1ilIO""~"N"""IlMI,Ho,s.,RtN.mcl."llJ".AM'.tlQjIol"hll
DaerlpllotlotOI4 PIo,1dt OoftClp" "butt
&ofn1.ptltOr.stdJo.t'I,T~411our1l.
RlIIp27 BIu,CoUlttCouAl1. fItollda
AlllMl JlId 0( S1do~ !.It. ToWN"', (, hu~, R"". 21 !ut, CoIrlt, Cowlll1. FIori", 'do, l'llDn
pIU1Icllll_d"'a"'llcdullllll,"'
DIlOIHHlNO. a..101diJwtI! 'lI\'ntr ot'Scalo1l3f. TOWIlIMp 4llouIlt1l\1/IIII n ltaal;
--tItnI6. wtM Ifnulhkl 1t.'I. Notdi Wall'H- West 11 .6G ri'l!
IIIUC1I1OtYfIlf'1N ,",111M North ""10'3'0 Eulln.4P Iut:
--'.".'11'27' 21M 312.>> f.,.
IllMN 1I"1h .,.",.... hsI'07UII r"l)
tIl_ HPI1l 12'JI'39' liNt PO'"......
tbmetlfri""'Je'+f"Wcatur".,,..
lIIIICfH~"'W.16'Wm"'.03rcd;
IItoIIldNtlQ47')1'4D' Wen 3U.GOttcrl
dlue. HDt4 2t'~7'H' Wm 1)1.C4 letl#
1b1Mf Hri or.,..' W'1l211JO tm:
IhtlluHO~ "'01'la~ last I6tUg teet1
lhWtH_G4'W4IOWqt2J1J.1lO fN:t:
lheltMlflrt/ltp.S7..... DUltl4o.00 tUJ:
lMatoHwlfl22"ft'OPO Sid $10M tMtJ
.... North 32"1:4'"' WUI 'JUJ te.;
lhaIHNorlh07'1J'02'W'C1.nf,91tcll;
IhItlCfNolttl24oao'lzolWI23D.COfHI;
lhCIIU~"'03'.7"8af","rtcq
IhtIlct a.w. 6D')f'4P-aullSt.6, fctl,
UlMrt.NlhOPfn')O"kclt71,>>,.,,,,
1Imn:.&'atJl6e-'S'$4'SIR10J.S1r1etl
UlIM'hllb04I0117":"~n.17rtttl
lh~trmltOP'2)"S9'EUlI.6.74(<<l1
IhIRCtSOUIllI5O"S'lP"bsllli"'$rut;
LIltllCJ'Q86-,O':JO" east IISMI frtlj
1IllllCtlflu1hef4rw ElSt 'OI,n IM4 ~...---~.~
.........6'..."....W..". vt lER COr ';V'
lIH:"hllbSI'Of'20'8ul~ It:' ,v . V.
Illhl,.80w),I,oOf'.uolutI 10\.1 r
IiItllNloI!lIOS"JlI'2OoBatll .~:'
l'-tIDllllrJf"JllIP'SUI ., ~
IhttelSIIUlUI'U'Jpow i9), 1ioI1_-...
Ibcllc.lavtIIHoa',w,'w: 51, Ci ----J
lItrIlCfM'ortha,-al',fJ:' 13 ~
lhCllN3cllIIbO(l-"'OT'IM ,
lhlllllfNollllI,f40'U1t' ,
lhillle'~dsalGCllnol'pI
COUCf ohll4 hcdo~ 3 ;
them.JIb. stadt I
ofDeJlllllln, Of.. pIR
COdI'tn\rtf:3f,'''._...,or '1 .c:,-
I\lIlJ~IO"'l1lllllllltlllfRJltl I ::J
bunll'llrlNlrdGltIRlOIIJbllri SccIIon",btln,SOUlhl'1' 'q 0
W1l$OW, MILl!R. D^R'JOW It p It(iH ~! f."",.~
~ ,0"" ~:(\'Y :.;.." ,~,
~.~ ~ ,,,. "';:--'-~C-.'CVJ< "€!,, .......
BY C DA~:J,O(. ~..
,j:\ o. '...,. ~.,.,," ~-.r
NOl v,lfd VlIIw ftDbmcd W;h tII. Prol~rrlDur', HlI. :$....,,/
~~~.,/
t:~.:~.'
. ',; , . .;~1!{'
W,O, 1517$
Ittl'l 4l.-IW7lKD:'.ld)
Dtla: Au,mr 21, 1m
)!JJ{HISn "A"
"",,"_lDlUjf
1f.tJ,~
f"/rmMH'jl
1{i{M:.~
rntplmf.MII
_.
,:lfl,'~;ml!
lttktlm
f1.Il)ilINlJl'
r"'I""~
Page 2 of 2
000842
PAllE\
_.........,___.~"...M'
Ilt"",JI' UI YtrUlt'
'~Oi'f'~hl mOl. of
(OUHlttllUUT, noalOA
OV1GllTl.BIKlet:.CltA:
Agenda Item No. 8A
February 23,2010
Page 70 of 189
Agenda Item No. 8A
February 23, 2010
Page 71 of 189
EXHIBIT B
Stioulations
I. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses,
and it shall be subject to the rules and regulations for golf course operations for properties
designed as neutral lands under the County's Growth Management Plan.
2. No density has been awarded by virtue of approval of this rezone.
3. Any uses or changes shall be brought back to the Collier County Planning Commission in
the form of a Planned Unit Development process for review and approval of all categories as
if it were a Planned Unit Development.
4.
The setback on the western boundary of the property shall be 100 feet to allow County to
acquire easements, if needed, in the future.
\--.-
.,
"-'" ,
.
Ordinance with REVIS
e a Item No. 8A
stipQlatiOns
Page 72 of 189
.
ORDINANCE NO.1 0-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRlATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A GOLF
COURSE (GC) ZONING DISTRICT TO AN AGRICULTURE
(A) ZONING DISTRICT FOR THE PROJECT KNOWN AS
OLDE FLORIDA GOLF CLUB, LOCATED AT 9405
VANDERBILT BEACH ROAD EXTENSION, IN SECTION 31,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 554+/- ACRES;
PROVIDING FOR REPEAL OF ORDINANCE 91-16; AND BY
PROVIDING AN EFFECTIVE DATE.
_.
WHEREAS, Margaret C. Perry, AICP, of WilsonMiller, Inc., and John Passidomo, Esq.,
representing Olde Florida Golf Club, 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, that:
SECTION ONE:
The zoning classification of the real property more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, located in Section 31, Township 48 South,
Range 27 East, Collier County, Florida, is changed from a Golf Course (GC) Zoning District to
an Agriculture (A) Zoning District for a 554+/- acre project known as Olde Florida Golf Club,
The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly,
subject 10 the stipulations, attached hereto as Exhibit B and agreed 10 by Olde Florida Golf Club,
Inc, The stipulations shall also be binding on the successors and assigns of Olde Florida Golf
Club, Inc.
.-
OIdeFLGolf2008-AR-13951 Rev. 10/28/09
I
Attachment #6
Agenda Item No. SA
February 23, 2010
Page 73 of 189
SECTION TWO:
Ordinance 91-16 is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Conunissioners of Collier County, Florida, this day of , 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By:
By:
, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
((\(...\" ,
0",,,
\;)\
Heidi Ashton-Cicko
Ass!. County Attorney, Land Use Section Chief
Attachments: Exhibit A - Legal Description
Exhibit B - Stipulations
08.CPS-<10902133 HFAC 10/28109
Olde FL Golf2008-AR-13951 Rev. 10/28/09
2
Agenda Item No. 8A
February 23, LD1 0
Page 74 of 1S9
.
(
ORB \
DOROTHY K,
'48 pg 1420
wILKEN! CLERK PE cvUNT" FL
, . .
,',
EXHIBIT "A"
.
I
All of Section 3 I, Township 48 South, Range 27 East, less the East half of the Northeast quaner
thereof, Coli ier County, Florida,
And Less;
...
Aft thll part or Secllon JI, TOWNhlp"l South. Ran,. 27 El.11. Collier County. Rodda, bel", mort
panlcu'ul, des:erRled U (oUowa; .
BBGINNING II lhelO\lthwC:l1 cotner or SeelSo. 31, TowfLlhlp 041 Soulh, Itlnz' ,}'l EUlj
thenca alonl tII, WQllhwot'..1d Secdon 31. North OI.09'2.~ We.1I 111.M re!t:
the"et le.vI"l111d WalIJ... Noult ....$0.36. EASe IZ7.49 (eel.
1k"",.II.nII "'11 '27' ElUl nU2 r...;
....... SOUlb 1)'J7'40' East 1074. n .f.el;
dlll~fte. North IZ""'Jt- Eat 90.'2 feet:
1Il....lIonll 74'34'44' W... 43U4 (eel:
tIt_ N.nII "'S9')6' Wes. Slf.02 r..,; _
........ Nonll 41'31'40' Won ,224.00' ti:;;;'R C' 0 l' .
........_zr.27.34.W...i31 :.~ <../).;
Ill.... 1I0nll 05'47'21' WOOl 2 V < V 7-
tit.... 1I0nll 15'09'12' !!oil. Cd; J~
the... Nonll 01'50'41' W rNll
I...... Nonli 19'5I''''
_Nortft22'CO'09"
....... 1'1.1110 32'24'3S' ...
thence Nonb O1~Z:J'OZ" W
....... Nottlt 24'30'13 ElUl
tit.... _ 63'0$'47 ElUl I.
th.... SoadI 60'24'49'
tit.... Soutb 69'15'10"
tit.... Soullt 156'45'$4'
th_ Sou'" 41 '21 '1.l' i:7 rOOl; 0
do.... _ 09'23'''' . 4 rOOl: r~
th.... _ 60"5'''' ElUl. ; V
th.... _ tf'tO'3O' Eat I .~ .~
th.... S.... 55'47'35' Eat 101. ;')->'.. ^D"
th.... _ 61'42'\9' Eat 1<<1.73 Q1E C\\ZC:;y
th..... South "'W'20' Eat 246,90 r.ee; --.:::..._~
'h.... S..... l7'OC'46' _135,69 r...:
th.... Sovlh 0$'30'20' _174.'9 r..,:
__ Soutb )6'22'''' EtsItS." r...:
....... South Ol'n'lf' W... I9U9 r...;
thence South 20..".5'. W~ 57.'1 (Cdj
Ih....llortft It'2t'Sl'1!IR 132.49 r...:
Ih.... SoudI 00'31'01' _ 600.72 r...,
th.... Ho<tlr 17'40'00' Eut 13'9.77 r... to. polOl ..'h. ,..t 1/4 cor.... oh.ld Sod"'" 31:
....... tloota "" _ .... or..1oI StOIlo. 31, s..tIt 00'397]' East 2612,S3 r... to tho ....Ih...,
COt.. 0' AId Sectlalt :U;
.h..... at.... "" _Ill '....,..101 SO<IIo. 31, Sooth 17'3l')4' Wosll136.01 r... '0"" Pol.,
o( 1Iq1""" 01 "" p..... herm due,_;
eo...I.I.I2SUC ..... _. or I...:
"bled to one...... .nd ,..'riot""" .r ,ecord;
be:atln" Jr. blSed on the ICKuh line D( nkt SectIon J I. btlnr Soulh "-5$').' Wat.
,
,
\
..
..
..
~
..
.......
~
....
c...>>
C!
.
.
..
'.
-
-
.....
....
..
..
..
p. k.....,......."-.'tI I
...; .. "":J .J,...: 'J. l,;O(.unten
....; ..... ..../,',:..:<1 racElI'ioo.
-. , . . . ... - ..- "
._...~..-----. ~
.-"...-....-.....-,.-- ^,-
,
,
,
II
.
I
I
.
I
..'.'
,
I
A No. 8A
February 23, 2010
_,m'..~,... Page 75 of 189
'.t""""'.'"
,i1\'lll\l.
. - " .
OOOSH
PAGE4
"
. -~,,'-_.
.,.: ' , , "", "',-~...
r> . ".~',' ",. ' , . .
,'" , ... "
---
las~
WILSON, MILLER, BARTON & PEl!.ll\ 00!;l,1\
l!n;-n.l'\&IlMrs, SuM)'fllf, .....,.w.po ,l,1'Chlla:", !ll'lfOMHlUdC.......IlU" C-lN<I"'~ "''"'JUt
W\iooo...........c.-,.."'lCO,JllIOloI..,.t-.~..ool.lI.tlot."'""'*JJM).I1U)..._'...'lUJ"I,lJ..
Oc:.i,rlpUonDr OlofF111rldl(JolrClllbl'llulI
~.tllf'PN10'Slll:lllHlll,TI_h1p4ISllulh.
Itlllp:!7 But.CollJerCovnly,Flarlcfa
,
AU tIItt pan or SfCllolI )1, TllWNhil' 48 Soulll, Ihlll' 17 Eul. CblUer COllnl), F1att~l. bdlll 11I01)
plrtlcularl)'1I1:1Cl1b1da 1oJ1oIII'I.
BEOIHMNO U lb, 1OIIIhwe:l1 cornl, or S~calon ''', lowtul.I, .. SllIllll. Rulli 11 Casq
lIullltCallIIIIllII wen UlIC 01 laid S.KfOIl 31, No/1ll 01-0974" Wullll.66IHf:
ch-.IIlYlnJ 1114 wUlllooNort.l\U-SO'.l6' Euf 127,49 rue
IbcaetNonllSf-II'U-EuI312.1JlU1i
1II'lce Sliftb n"17'~O" EUI 101<11,19 roeq
dlUN NortllIZ'31')9' Eur 90,,52 'id>
IheMt Hal'\h 74.]4'+f" Wut 43P.U r"l:
Ih_HGT1h".,ff'36'W~S3'.O)r....
IhcrIftNlltlll n4J~'~o' WllSll14.00flltC;
lItCllceNor&hl,021'3.'W,SlI:JI.441etJ:
IhtllUNoflIlC16"4n"WutU'.JOfcat;
lbw. HotlIllS~'I1' e.u 16.1U9 fer<<:
Ihw.u North 04'50'4" W~ 2"0,00 tClj
tIKI\CII Nonh 19'$1'$1" eus 940.00 I~
IbCIIUl NOl1h22"~O'Ot"I!uISIO.OO(Id;
Iheeco Nont.):I"24'Jj'Weif'JUJ (ed;
IbClUIINW!h07"l3'OrWall88U2(ect;
11I_, North 2""30'U' en, 210.40 (tell
lh'lWottonh63'Q}'.,. eau78.78 lMlj
U1t1lCOStlulhOO"14'O" 2""161.61 'cl:t;
U1meoSoallllW'U'20'Ea$lln.Jlf<<lj
thiUlet ScutIl66"4$'S4' Eul 101.57 (ell:
Ihe"e SQIIlIt 41'11'1$' EaslSl.n feell
lhtDCeSlIlUh og"3'S51'1atl1~6.7( fcell
lIIellCoSOIllbOO'S6'151' EUllcil.9Sfc",;
thel\USoulblfi"ID'JO'E:utI69.6ifctt: ,
tho,uSOVlh 6J"4"U' Eat 108.59 fe"'l ..........-~.----.:;-.........
thcac:c SOIlth61:4%'I': Eilll 160.71 rc,V-:\ 'q~. ReO [)""'"
IhCIIUSOUlb.11 09'10 em ~(6.90JCal ~J~ :..._'__~__.. ,"').......
Il,eQ~' SDUIII {7"0I'46' E.ll rlS'~'V ....-.... ~.'ZV 1'-':....
th_. SVlIIh OS':Jll'JO' Bait n.(.~' / " J........
tll._ $0Ulh 36"11'151. E:I:lf.rb , ". ' \
1ll1!llC' SnIh tU-U')f' W 1193. (~.It-._---... \ \
chatetSoulk20'O'U'W 151. ruW, '--"-~""'-f". \ \
thenctN0II/l89"1I'S3'IJ1.49rcetj"~" 'b\ \
'lI'AC'SOIIlbOO"'8'01'I64B~ '
Ib,llCtNonhB7"4Q'lID" I, ~.
IhIllO.doll,ch.outl Orb' 'J;l'OU J
comet of nfd Socdon 3 I
tMllClOIDllfl!l'IOIIIbI~(SIl~ S 7' '4 In(
of BOJlMhIr 0' 1M p dWri'6Q:
Cl2llIIIIlIIll2S'.14 Itm mort Of :
iubJtctlO-"IIIUI/lIIce.iltk! ~l rd;
b"r1nparobumOllIIl~mllbli<r\~1 Se~OIIJI,bclI'lSSaulha1"SS ~O
WllSON, MILLER. 8ARTON &. P l'N"'-., L' ...'
~~ O~'- ,/ '\'''\.:A/~'':'''''.'''''''
vJ~ 14 "~h --- ~'\. \ .,." ,"~'~', ", ,~,
. " --- '.', ~""\~,.:.1.',(,.'.1,
BY , c ""'"'--- DAn iit -4 (;../1-{l 'li::;';~i.<t\. "
Mlchil C. IIU,P. ,S.I42-47 -~~:@... t.i&!~ltU:~~rcg.J~
.''''/..(~:liA-li/~'
1'10\ valId unlts! cmbmed ...-llIt lilt ProfClilolllt'S ~n.. ~'~~r~.t..~~'t?~'.:
.,.~/.._,:",;j~"r,.. r
, ".7";.n~1 .
.... ~-'...,.
.......
.....
.
,
--...~" ..
W.O,
...
D.u:
l~'"
4L-I091 (KIl:t-.o
AUI"! 21. 1~9]
EXHIBIT "A"
" .
A,(~".''''d t....1Pd
toOlflllo11<-:CII'Mrtl
COUl(k(,oun'I, no"Ol
OIlIOHTE.51ll:rt!:,CL(liX
...............
Napla
(tIU,",'-
1'../CUU.u.S111
FarlUT"I
jU)I'n-lO>>
...."/)1"..100
,.-
IIUI.JlI-UfO
f..IIIJjm..,n
!..<<.W
(lUl"""'"
,,,(II:I)'"-IIIJ
.
..
'\t
:.;:
.
" ".'
'. ,.' ..,.ft
',,'" ... . . '~.
'.~: , ~." X""".
':'.,......,.:'"
.~ . ,/-.," ,',::~~/~'
. '. i;:~"~'~~~;';'l'
, ",,,,,,.:..,;~\l<.
. .. . ~''l ,~. ....
. '~. ""\',:\":":r~;;.~~
. . ":'.' .... ':'~::,~~'l.
, .' ';, .:,~'tl~
..",-.,,'."'-"<''<'
,
"..,
"
., ,
'. , I
" I
,
..
'.
.
.
.
~ .
Agenda Item No. 8A
February 23, 2010
Page 76 of 189
EXHIBIT B
Stioulations
1.
The property will retain the Audubon Cooperative Sanctuary Program for its golf courses,
and it shall be subject to the rules and regulations for golf course operations for properties
designed as neutral lands under the County's Growth Management Plan.
2,.
Ne deasit}, has heee aWJlWEled by ,iftus sf aPJ1re"~ eftlHs reZ8B8.
3.
:~:s~:;=~ ~:::~~;~~~~:"~;r:=P=:=:;~t=~::
~~ ~.:~ ~=~~ ~e~:=
4, 2. The setback on the western boundary of the property shall be 100 feet to allow County to
acquire easements, ifneeded, in the future.
NEW DIRECTIONS IN PLANNING, DESIGN &' ENGINEERING. SINCE 1956. .
Agenda Item No. 8A
February 23,2010
Page 77 of 189
.
WiI.nMille,.
RZ_200S-AR-13951 REV: 4
OLOE FLORIDA GOLF CLUB
Project: 2008100005
Date: 8/20/09 DUE: 9/18/09
August 20, 2009
Ms. Kay Deselem, AICP
Principal Planner
Collier County Community Development and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
RE: RZ-2008-AR-13951, Olde Florida Golf Club
Dear Ms Deselem:
The above-referenced petition was previously reviewed by staff and was forwarded to the CCPC with a
recommendation of approval. The CCPC considered this petition at their April 2, 2009 meeting and
recommended approval; however, the conditions of approval associated with the petition were somewhat
confusing.
After the CCPC action, our team coordinated with various County staff including Joe Schmitt, Susan Istenes,
Ray Bellows, Jeff Klatzkow and you, and also with Mark Strain in an effort to arrive at an agreeable solution
and to address the stipulations of approval by the CCPC. A conceptual rezone master plan has been prepared -
which we believe will address the issues raised by the CCPC and will hopefully be endorsed by them. We are
also hoping the CCPC will agree to the removal of stipulations 2 and 3,
Enclosed with this submittal are nine copies of the following:
. This cover letter
. Conceptual Rezone Master Plan (24 x 36 and 11 x 17)
. Original CCPC conditions of approval
We understand that you will distribute this information to County staff for review and that they will have 30 days
to provide you with any comments. After this submittal has been deemed sufficient, hearings will then be
scheduled before the CCPC and the BCC. It is the responsibility of our client to cover the advertising costs for
the CCPC hearing and for the postage for property owner notification letters for the CCPC hearing, and per
your direction, a check in the amount of $2,624 is included with this submittal.
Thank you for your continued assistance in processing this rezone application. We look forward to continued
coordination and cooperation.
Sincerely, (~~ .//
/JltA-ft/'4 ~ .
Marga(et Perry, AIc;V
Regional Manager, Senior Associate
Attachment #7
cc:
Bill Barton, Olde Florida Golf Club
John Passidomo, Cheffy, Passidomo
David Hurst WilsonMiller Inc.
Jeff Perry. Wilson Miller, Inc.
Tom Trettis, WilsonMiller. Inc.
3200 Bailey lane Suite 200 Naples, Florida 341 OS
800.649.4336 239.649.4040 F 239.643.5716
WilsonM11Ier.com
ef1812llll1- 213973. v.r: 1-twERRY
H0101-D15-001-P1.QN-32525
~
Agenda Item No. 8A
AGm9~!lItM:h201 0
Page f'Aoi189
Co1tf:r County
~.~
-
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 2, 2009
SUBJECT: PETITION: Rz-200g,AR-13951, OLDE FLORIDA GOLF CLUB, INC.
PROPERTY OWNER/AGENTS:
Owner:
Olde Florida Golf Club, Inc.
9405 Vanderbilt Beach Rd Ext.
Naples, FL 34120
Agents:
Margaret C. Peny AICP
Senior Project PlaI1)1er
Wilson Miller
3200 Bailey Lane, Suite 200
Naples, FL 34105
John Passid01l10, Esquire
Chefry Passidomo
821 5th Ave. South
Naples, FL34102
REOUESTED ACTION:
The petitioner wishes to rezone 553.67oi: acres from the Golf Course (GC) zoning district to the
Agriculture (A) Zoning District for a project known as the Olde Florida Golf Club.
GEOGRAPHIC LOCATION:
The subject property is located on the Vanderbilt Beach Road Extension, approximately 2 miles
east of the Vanderbilt Beach Road (CR 862) and Collier Boulevard (CR 951) intersection, in
Section 3 I, Township 48 South, Range 27 East, Collier County, Florida. (See illustration on
following page)
RZ.2008-AR.13951 Qlde f"lorida GolfCiLJb
Revised (2) 3/17/09
Page 1 of 14
0 .. ...
. 0 0
. !i ..
.. .. 5
..
R'
0 . ~,
Ii 0-
..
<(
:2:
.."..llJIllSllIll
(!)
-- Z
.. . -
0 0
it Z
.. = 0
N
--
i o.
I
-
. ~ ~ 10
. II.. .11.. OJ
~ ... ~
. ~ ,
a a ~
,
a)
0
li3
nr.>S01l"" / I- ,
N
'"
..
z
-~~ OWV.un:Ml__ 0
l-
I! 9 I-
P 9 ~ .1 w
9 ~ 9 ti.. "-
5. c. 5, 5. 5. l "j:
l!h "~i .. ~i! "iJ i! I
.~
r i I 5Z i i
w2
'1<' 0-
00
"'0 9 P 9 <(
"-~ 5.
, h
'. "'~i :2:
" . . "'~i -h
i i i
z
I , 0
s I ~ P
5. S; -
I '. l-
. . . "~i . Nii l!~i
~ i , i i <(
! I
"
I ()
p 9 P 0
8 . 5. ....J
c.
0 . . . -~i :! Wi :!~i
~ I i ,
i
I e 9 ~ e
5. t i
<oR! ,: ~i 5,
0 . ~J:!
i i i i
CWNl""'" >l~u;:lO. lllll"-.rtl!
Agenda Item No. 8A
February 23, 2010
Page 80 of 189
.-
PURPOSEIDESCRIPTION OF PROJECT:
As described in the nan-ative statement included in the application, the petitioner proposes to
rezone the subject site to Agriculture to allow "for a broader range of uses" and to provide a
"greater flexibility for the land owner by allowing agriculture, golf course, single-family dwelling
units and other uses by right, in accordance with the FLUE [Future Land Use Element of the
Growth Management Plan] and the Land Development Code." Given the GMP FLUE
designation, up to lID dwelling units could be developed on site. The petitioner's agent states in
the Traffic Impact Statement (TIS) that, "The proposed rezone intends to preserve the existing 18-
hole golf course and permit the addition of up to 110 single family homes."
The subject property was rezoned from the Rural Agricultural Zoning District to the Golf Course
(GC) Zoning District with the approval of Ordinance Number 91-16 on February 12, 1991
(Petition Number R-90-23). As part of that rezoning action, an agreement was entered into by the
petitioner wherein certain improvements would be required as part of site development approval.
Most of the improvements or conditions are reiterations of site development plan requirements.
Subsequent to that rezoning approval, the site was developed with an eighteen-hole golf course
and its supporting facilities.
~".-
It should be noted that the proposed rezone back to the Rural Agricultural Zoning District utilized
the "conventional or standard" rezoning procedure that does not require a master plan to be
submitted as would be required if the property was rezoned to a PUD. However, the boundary
survey provided with the petition indicates there is a large conservation easement over lands in the
northeastern portion of the site. Site development issues will be addressed as paJ1 of any fuhu'e
development approvals that may be sought should the rezone be approved. Similarly, deviations
from the Land Development Code (LDC) cannot be sought as pal1 of this rezone petition; any
subsequent development would need to be in compliance with all federal, state and local
development regulations unless vaJ'iances are sought and approved through the appropriate
procedure in effect at the time.
SURROUNDING LAND USE AND ZONING:
North:
A mixture of five, ten and twenty-acre tracts, most of which are either used for
agriculturally (several tracts have single-faJnily home also) or are undeveloped, all
of which have a zoning designation of Agricultural with a mobile home overlay (A-
MHO)
Eight, IO-acre tracts and an 80-acre tract, all of which aJ'e undeveloped and under
one ownership, with a zoning designation of Agricultural with a mobile home
overlay (A-MHO)
scattered single-family homes, zoned Estates (E)
Golf Club of the Everglades, a 260-acre golf course, zoned Agricultural (A) with
Conditional Use approval for a golf course granted in Resolution Number 99-61
East:
South:
West:
-
RZ.200B.AR.13951 Olde Florida Golf Club
Revised 3/17/09
Page 2 of 14
Agenda Item No. 8A
February 23, 2010
Page 81 of 189
Aerial Photo
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The Old Florida Golf Club property lies within the
Agricultural/Rural Designation, Rural Fringe Mixed Use District (RFMUD), Neutral Lands, as
depicted on Collier County's Future Land Use Map (FLUM). Golf courses and single-family
residential units are allowed by right in the Neutral Lands designated areas.
The IS-hole golf course, its clubhouse and maintenance facilities occupy the developed portions of
the subject property. An existing conservation area comprising approximately 51 acres will
remain unchanged. The County's Transfcr of Development Rights (TDR) program provisions
were not applicable at the time of Olde Florida original approval. TDR program provisions apply
only to extent that they prohibit the transfer of development rights into or out of Neutral Lands.
The Olde Florida development will utilize only the base density entitlements generated by
developing property located in Neutral Lands.
RZ.2008-AR-13951 Olde Florida Golf Club
Revised 3/17/09
Page 3 of 14
Agenda Item No. 8A
February 23. 2010
Page 82 of 189
,'-,
The Collier County Future Land Use Element (FLUE) and Land Development Code (LDC)
contain specific requirements applicable to new development within Neutral Lands. Certain
requirements peltain to residential development. These items are discussed below. In the
following review, FLUE and other GMP provisions are shown in italics, while staff analysis and
commentary is provided in normal type.
Neutral Lands: Neutral Lands have been identified Jar limited semi-rural residential
development. Available data indicates that Neutral Lands have a higher ratio oJnative vegetation,
and thus higher habitat values, than lands designated as Receiving Lands, but these values do not
approach those oj Sending Lands. ThereJore, these lands are appropriate Jar limited
development, if such development is directed ffil'ay}i'om existing native vegetation and habitat. A
lower maximum gross density is prescribed Jar Neutral Lands when compared to Receiving Lands.
Additionally, certain other uses permitted within Receiving Lands are not authorized in Neutral
Lands. Within Neutral Lands, theJollowing standards shall apply:
I. Maximum Density: I dwelling unit per 5 gross acres (0.2 units per acre).
Maximum density: There are 553.6 acres in the Olde Florida property, which would allow a
maximum density of 110 dwelling units.
2. Clustering: Clustering oj residential development is allowed and encouraged. Where
clustered development is employed, it shall be in accordance with the Jollowing provisions:
a) Ifwithin the boundaries of the Rural Transition Water and Sewer District, and consistent
with the provisions of the Potable Water and Sanitwy Sewer Sub-elements oj this Plan,
central water and sewer shall be extended to the project. Where County sewer or water
services may not be available concurrent with development in Neutral Lands, interim private
water and sewer facilities may be approved.
b) The maximum lot size is one acre.
c) The clustered development shall be located on the site so as to provide to the greatest
degree practicable: protection Jar listed species habitat; preservation oj the highest quality
native vegetation; connectivity to adjacent natural reservations or preservation areas on
adjacent developments; and, creation, maintenance or enhancement oj wildlife corridors.
d) The minimum project size shall be at least 40 acres.
The amount of detailed development infonnation necessary to address provisions (a) through (c)
above is absent as this is a standard rezone petition. The specifics of these provisions may be
addressed fully at the time a subdivision plat is submitted for review. Olde Florida is a 553.6 acre
development and meets the minimum project size requirement.
3. Allowable Uses: Agricultural uses; Single-family residential dwelling units, including mobile
homes where a Mobile Home Zoning Overlay exists: Multi-family residential structures;
Dormitories, duplexes and other types oJstaff/lOusing, as may be incidental to, and in support of,
conservation uses; Group housing: Stqlfhousing as may be incidental to, and in support of, safety
service Jacilities and essential services; Farm labor housing; Sporting and Recreational camps;
Essential services; Golf courses or driving ranges; Zoos, aquariums, botanical gardens, or other
similar uses; Public educational plants and ancillwy plants; Facilities Jar the collection, transfer,
... processing and reduction oj solid waste; Community facilities, such as, places oj worship,
.."--
RZ.200B-AR.13951 Olde Florida Golf Club
Revised 3/17/09
Page 4 of 14
Agenda Item No. 8A
February 23, 2010
Page 83 of 189
childcare Jacilities, cemeteries, social and fi'atemal organizations; Sports instructional schools
and camps; Earthmining. oil extraction and related processing; Parks, open space, and
recreational uses; and, Private schools.
Golf courses or driving ranges are subject to the Jollowing standards:
(1) Golf courses shall be designed, constructed, and managed in accordance with the best
management practices oJ Audubon 1ntemational's Gold Signature Program and the Florida
Department oJ Environmental Protection.
(2) In order to prevent the contamination oJ soil, sUlface water and ground water by the
materials stored and handled by golf course maintenance operations, golf courses shall
comply with the Best JI,fanagement Practices Jar Golf Course Maintenance Departments,
prepared by the Florida Department oJ Environmental Protection, May 1995.
(3) To protect ground and sUlface water quality ji'om fertilizer and pesticide usage, golf
courses shall demonstrate the Jollowing management practices:
(a) The use of slow release nitrogen sources:
(b) The use oJsoil and plant tissue analysis to adjust timing and amount oJJertilization
applications;
(c) 111e use oJ an integrated pest management program using both biological and
chemical agents to co11fl'Ol various pests;
(d) The coordination of pesticide applications with the timing and application oJ
irrigation 'water;
(e) The use oJthe procedure contained in 1FAS Circular 101 I, Managing Pesticides Jar
Golf Course Jvfaintenance and Water Quality Protection, May 1991 (revised 1995) to
select pesticides that will have a minimum adverse impact on water quality.
(4) To ensure water conservation, golf courses shall inc01porate the Jollowing in their
design and operation:
(a) Irrigation systems shall be designed to use weather station inJormation and
moisture-sensing .systems to determine the optimum amount of irrigation water needed
considering soil moisture and evapotrampira/ion rates.
(b) As available, golf courses shall utilize treated ejjluent reuse water consistent with
SanifmJI Sewer Sub-Element Objective 1.4 and its policies;
(c) Native plants shall be used exclusively except for special pUlpose areas such as
golf greens, Jairways, and building sites. Within these_excepted areas, landscaping
plans shall require that at least 75 percent oJthe trees and 50 percent oJthe shrubs be
fi'eeze-tolerant native Floridian species. At least 75 percent of the required native trees
and shrubs shall a/so be drought tolerant species.
(5) Stormwater management ponds shall be designed to mimic the Junctions oJ natural
systems: by establishing shorelines that are sinuous in configuration in order to provide
increased length and diversity of the littoral zone. A Littoral shelf shall be established to
provide a feeding area Jar water dependent avian species. The combined length oJ vertical
and rip-rapped walls shall be limited to 25 percent oJ the shoreline. Credits to the site
RZ-200B.AR-13951 Olde Florida Golf Club
Revised 3/17/09
Page 5 of 14
Agenda Item No. 8A
February 23, 2010
Page 84 of 189
preservation area requirements, on an acre-to-acre basis, shall be given Jar littoral shelves
that exceed these littoral shelf area requirements.
(6) Site preservation and native vegetation retention requirements shall be the same as
those set Jorth in the Rural Fringe Mixed Use District criteria. Site preservation areas are
intended to provide habitat Junctions and shall meet minimum dimensions as set Jorth in the
Land Development Code. These standards shall be established within one year.
-
Based on FLUE provisions for golf courses in the RFMUD, requirements specifY they shall be
designed, constructed and managed in accordance with Audubon's Signature program.
The Olde Florida Golf Course however, was designed and constructed before the RFMUD was
created and before Audubon Signature program cel1ification was required. Audubon's Signature
program is available only to newly proposed projects, including golf courses in the design or
development stages. Audubon's Cooperative Sanctuary Program (ACSP) is tile alternative
prograJll available to existing golf courses like Olde Florida.
Both the Signature and the Sanctuary programs aJ'e chaJ'acterized as education and certification
programs, aJld the two embrace significantly similaJ' land management and natural resource
conservation practices. Both include comprehensive management programs. Primary differences
between the two programs involve not the land management or conservation practices themselves,
but whether verification of ongoing program pm1icipation and compliance are conducted with on-
site Audubon-certified visits or by submitting documentation to Audubon International - and the
associated costs for doing so.
4. Native vegetation and preservation requirements: Native vegetation shall be preserved as
set Jorth in CCME Policy 6.1.2.
The petitioner has indicated that the existing 51-acre conservation area will be incorporated into
the required preservation area. Strict compliance with CCME Goals, Objectives and Policies will
be detelmined as paJ1 of any subsequent development order reviews.
5. Density Blending shall be permitted subject to the provisions set Jorth in the Density
Rating System.
No density blending is proposed for the subject property.
In reviewing for compliance with FLUE Objective 7 and subsequent Policies regarding SmaJ1
Growth principles derived from the Toward Better Places. Conmmnity Character Plan for Collier
County, staff provides the following analysis.
Policy 7.1 The County shall encourage developers and property owners to connect their
properties to fronting collector and arterial roads, except where no such connection can be made
without violating intersection spacing requirements oJthe Land Development Code.
The project has direct access to Vanderbilt Beach Road extension, a collector road.
RZ-200B.AR-13951 Olde Florida Golf Club
Revised 3/17/09
Page 6 of 14
". '_.,.,-,...,._._--_..._-,~".,. _._.'_._-
,*">,-,~-_..'_.._""..._.__..._,."..._.",._.."._..-.
Agenda Item No. 8A
February 23, 2010
Page 85 of 189
Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce
vehicle congestion on nearby collector and arterial roads and minimize the need Jar trqfJic
signals.
Policy 7.3 All new and existing developments shall be encouraged to connect their local streets
and their interconnection points with ac{joining neighborhoods or other developments regardless
oJ land use 1)1Je.
Policy 7.4 The Co un/)I shall encourage new developments to provide walk able communities with
a blend oJ densities, common open spaces, civic Jacilities and a range oJhousing prices and t)lJeS.
The amount of detailed development infonnation necessary to address these Policies is absent as
this is a standard rezone petition. The specifics of these Policies shall be addressed fully at the
time of SDP or a subdivision plat is submitted for review. Based on the above analysis, staff
concludes that the rezone may be deemed consistent with the FLUE.
Transpol.tation Element: Transportation Planning staff has reviewed the petitioner's Traffic
Impact Statement (TIS) and has determined that the roadway nenvork has sufficient capacity to
accommodate this II O-unit project within the 5-year planning period.
Vanderbilt Beach Road Impacts: The first concul1'ency link that is impacted by this project is Link
113, Vanderbilt Beach Road East of CR-95 I. The project generates 52 PM peak hour, peak
direction trips on this link, which represents a 6.8 percent (significant) impact on this roadway.
This segment of Vanderbilt Beach Road is cUl1'ently in the right-of-way acquisition process to
accommodate a planned expaJ1sion beginning outside the five year capital improvement plan. The
remaining capacity and Level of Service are not currently reflected in the adopted 2008 AUIR.
Please note that portions of the project's access along Vanderbilt Beach Road are held in private
ownership and are granted via easements as shown on the Access Management Plan included in
the application. No subsequent links of Vanderbilt Beach Road are significantly impacted.
County Road 951 Impacts: No subsequent links of County Road 951 are significantly impacted in
the Peak Direction during PM Peak I-four.
Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation
Element of the Gro\\1h Management Plan (GMP).
Environmental Element: There are no CCME issues for this petition as part of the rezone action.
All Environmental Impact Study (EIS) , wetland and preservation issues will be addressed as part
of any subsequent development order review.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and has reviewed the criteria
on which a detennination must be based. These criteria are specifically noted in Section
IO.03.05.H. of the LDC. The staff evaluation establishes a factual basis to support the
recOlmnendations of staff. The Collier County Planning Commission (CCPC) uses these same
criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in
tum use the criteria to support their action on the rezoning request. These evaluations are
completed as part of the Zoning and Land Development Review provided below.
RZ-200B-AR-13951 Olde Florida Golf Club
Revised 3/17/09
Page 7 of 14
Agenda Item No. 8A
February 23.2010
Page 86 of 189
Transportation Review: Transportation Depaltment Staff has reviewed the petition for compliance
with the GMP and the LDC. Transportation Planning staff can recommend approval of this
proj ect.
."..
Environmental Review: Envil'OImlental Review staff has reviewed this petition, and recommends
approval. The Environmental Advisory Council (EAC) did not review this petition, and an
Environmental Impact Study (EIS) was not required because a conventional rezone does not
require a site plan. An EIS will need to be provided with any subsequent development order
approvals that may be sought if the rezoning is approved. Preservation areas will be addressed as
part of development order review. Wetland line(s) will have to be verified and approved by the.
SFWMD prior to completion of next development order.
Utilities Review: Public utilities staff has reviewed this petition and has no objection. According
to the cun-ent 200S Water and Wastewater Master Plan Updates, the project location is within the
Collier County Water - Sewer District Service Area. Per GIS, there is an existing 10-inch water
main on Vanderbilt Beach Road Extension. GIS does not show that the County owns sewer
utilities in the right-of-way contiguous to this development. Since the project site is not presently
serviced with centrally provided sewer, the project will need to utilize a septic system until central
sewer is available. This project is located in the zone of the existing North Hawthol11 Wellfield of
the NOIth County Regional Water Treatment Plant. The rules and regulations for protection of
well fields will need to be followed. All well sites and pipeline easements located on and close to
this project will need to be shown on all future site development plans, PPL or any other site plan
applications.
ZOllilll! alld Lalld Developmellt Reviews: Zoning staff has reviewed this petition and concurs
with the findings of Comprehensive Planning. The proposed rezone and use is found to be
consistent with the GMP. In addition, the proposed project will meet the Agricultural Zoning
District criteria. According to LDC Section 2.03.01, the purpose and intent of the rural
aglicultural district is to provide:
. . . .lands Jar agricultural, pastoral, and rural land uses by accommodating h'aditional
agricultural, agricultural related activities and Jacilities, support Jacilities related to
agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources oJ the County are permissible as
conditional uses in the A district. The A dish'ict corresponds to and implements the
Agricultural/Rural land use designation on the future land use map oJ the Collier
County GMP, and in some instances, may occur in the designated urban area. The
maximum density permissible in the rural agricultural district within the urban mixed
use district shall be guided, in part, by the density rating system contained in the fitture
land use element oJ the GMP. The maximum density permissible or permitted in the A
district shall not exceed the density permissible under the density rating system. The
maximum density permissible in the A district within the agricultural/rural district oJthe
fiiture land use element of the Collier County GMP shall be consistent with and not
exceed the density permissible or permitted under the agricultural/rural district oJ the
Juture land use element.
-
RZ-200B-AR-13951 Olde Florida Golf Club
Revised 3t17/09
Page 8 of 14
Agenda Item No. 8A
February 23, 2010
Page 87 of 189
As noted on page 2, the petitioner is seeking this rezone to allow agricultural uses as well as
single-family dwellings and golf coW'ses and other uses by right. The proposed intent of the
rezone appears to be in agreement with the purpose and intent of the Agricultural zoning district
and the list of uses pel111itted within it because the RFMUD-Neutral designation allows these uses
by right. That designation is an overlay district which supersedes the limitations of the
Agricultural zoning designation to allow additional uses (the golf course use) that would otherwise
require conditional use approval in a non RFMUD-Neutral GMP land use designation.
The subject property is sUlTOunded by agricultural zoning on three sides-north, east and west. To
the north and east the lands are either undeveloped or used for agricultural activities. To the west
is a golf course. To the south is the proposed Vanderbilt Beach Road Extension and then single
family houses within the Estates zoning district. If the rezoning is approved, the developer will be
required to provide the minimum landscape buffers as provided for in the LDC in effect when
future development is sought. At the present time, residential zoning or uses that abut agricultural
zoning or uses would be required to provide a Type A buffer, which is a IO-foot wide landscape
buffer with trees spaced no more than 30 feet on center. As indicated in the GMP discussion of
this staff report the 553.6 acres in the subject sile would allow a maximum density of! 10 dwelling
.
umts.
Excerpts from
Lot Design Requirements for Principal Uses (LDC Section 4.02.01.A)
(in feet, unless otherwise noted]
Zooing
District
Front Yard
Side
Yard
Rear
Yard
A
50
30
50
Lot Area
(sq ft)
217,800
Lot
Width
165
Floor Area of Buildings
(sq. ft.)
550
GC
None
None
None
None
None
None
All numbers shown are the required minimum amounts
Maximum Building Height of 35 feet is the same in both districts
LDC Subsection ID.03.05.1.2 states, "When pertaining to the rezoning of land, the repOlt and
recommendations to the planning commission to the Board of County Commissioners...shalI show
that the plamlillg commission has studied and considered proposed change in relation to the
following when applicable." [Staff's responses to these criteria are provided in non-italicized
font]:
Rezone Findin2s:
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
jii/ure land use map and the elements of the GMf'.
RZ-200B-AR-13951 Olde Florida Golf Club Page 9 of 14
Revised (2) 3/17/09
Agenda Item No. 8A
February 23,2010
Page 88 of 189
-.
As noted in the GMP Consistency portion of this report, the proposed uses and development
standards would generally further the goals and objectives of the FLUE and the applicable portions
of the CCME and the TranspOltation Element. Therefore, staff recommends that this petition be
deemed consistent with the GMP.
2. The existing land use pattern.
As described in the "Surrounding Land Use and Zoning" pOltion of this report, the neighborhood's
existing land use pattern is chaJ'acterized by agriculturally zoned and used lands to the nOlth and
east; agriculturally zoned lands uses as a golf course to the west; and the Vanderbilt Beach Road
Extension then Estates zoned lands with residential uses to the south.
3. The possible creation oJ an isolated district unrelated to adjacent and nearby districts.
,-
The proposed rezoning would not create an isolated zoning district because, as noted above the
parcel is sunounded by agricultural zoning on three sides.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property proposedJor change.
As shown on the zoning map included at the begimung of this report, the existing district
boundaries are logically drawn. The proposed zoning boundaJ'ies follow the property ownership
boundaries. The location map on page two of the staff repOlt illustrates the perimeter of the outer
boundary of the subject parcel.
5. Whether changed 01' changing conditions make the passage oJ the proposed amendment
necessmy.
The proposed change is not necessary, pel' se; it is being requested in compliance with the LDC
provisions to seek such changes. The proposed zoning change is appropriate because its
relationship to the FLUE (Future Land Use Element ofthe GMP) is positive.
6. Whether the proposed change will adversely influence living conditions in the neighborhood
The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the
GMP support the approval of the uses proposed at this location. Staff is of the opinion that the
proposed rezone is consistent with the County's land use policies that are reflected by the Future
Land Use Element (FLUE) of the GMP. If the 110 dwelling units are developed on site, the LDC
required buffers and development standards should ensure that any future residential development
is compatible with the neighborhood. Therefore, staff is of the opinion that the proposed change
will not adversely influence living conditions in the neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because oJ peak volumes or
projected types oJ vehicular traffic, including activity during construction phases oJ the
development, 01' otherwise affect public saJety.
RZ-200B.AR-13951 Olde Florida Golf Club
Revised 3/17/09
Page 10 of 14
Agenda Item No. 8A
February 23, 2010
Page 89 of 189
The proposed change will not create or excessively increase traffic congestion over the amount
cunently generated under the CG zoning. However, the surrounding propelty owners may
perceive the rezone to the Agriculture Zoning District to allow additional dwelling units to be
constructed as adversely impact traffic flow on the local streets. Since the transportation analysis
does not indicate that the traffic generated by this project would be considered excessive, staff
does not believe the additional traffic would be considered incompatible.
8. Whether the proposed change will create a drainage problem.
The development that the rezoning could allow should not create drainage or surface water
problems because the LDC specifically addresses prerequisite development standards as part of the
local development order process that are designed to reduce the risk of flooding on nearby
properties. Any proposed water management and drainage system will need to be designed to
prevent drainage problems on site and be compatible with the adjacent water management systems.
Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on
new developments.
9. Whether the proposed change will seriously reduce light and ail' to adjacent areas.
The proposed change will not seriously reduce light and air to adjacent aJ'eas since projects in
Collier County are subject to the development standards that are unique to the zoning district in
which it is located. These development standards and others apply generally and equally to all
zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed
to ensure that light penetration aJld circulation of air does not adversely affect adjacent areas.
J O. Whether the proposed change would adversely qfJect property values in the adjacent area.
Since the proposed change is deemed to be consistent with the GMP and LDC, staff is of the
opinion that property values should not be adversely affected. This is a subjective detennination
based upon anticipated results which may be internal or exte111al to the subject property. Property
valuation is affected by a host of factors including zoning; zoning by itself mayor may not affect
values, since value deternlination is driven by market value. There is no guarantee that the project
will be marketed in a manner comparable to the surrounding developments.
J I. Whether the proposed change will be a deterrent to the improvement or development oJ
adjacent property in accordance with existing regulations.
Properties around this property are already partially developed as previously noted. The basic
premise underlying all of the development staJldards in the LDC is that sound application, when
combined with the site development plan approval process and/or subdivision process, gives
reasonable assurance that a change in zoning will not result in deterrence to improvement or
development of adjacent propelty. Therefore, the proposed rezone should not be a deterrent to the
improvement of adjacent propellies.
RZ-2008-AR-13951 Dlde Florida Golf Club
Revised 3117109
Page 11 of14
Agenda Item No. 8A
February 23. 2010
Page 90 of 189
,_.
12. Whether the proposed change will constitute a grant oJ special privilege to an individual
owner as contrasted with the public welfare.
The proposed development complies with the GMP, a public policy statement supporting Zoning
actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed
change does not constitute a grant of special privilege. Consistency with the FLUE is further
determined to be a public welfare relationship because actions consistent with plans are in the
public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
There is no reason the property could not be used in accordance with existing zoning. Any
petition for a change in land use is reviewed for in compliance with the GMP and the LDC with
the Board of County Commissioners ultimately ruling what uses and density or intensity is
approved or, on the contraJ)', if the petition is denied. This petitioner is proceeding through the
proper chamlels to gaJ'ner that BOaJ'd ruling.
14. Whether the change suggested is out oJscale with the needs oJ the neighborhood OJ' the county.
--
The proposed development complies with the GMP requirements for the uses proposed and
density would not be allowed to exceed the GMP allowances. The GMP is a policy statement
which has evaluated the scale, density aJld intensity of land uses deemed to be acceptable
throughout Collier County. Staff is of the opinion that the zoning district will ensure that the
project is not out of scale with the needs ofthe community.
15. Whether it is impossible to find other adequate sites in the county Jar the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this
is not the detelmining factor when evaluating the appropriateness of a zoning decision. The
petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does
not review other sites in conjunction with a specific petition.
16. The physical characteristics oJthe property and the degree oJsite alteration which would be
required to make the property usable Jar any oJ the range oJ potential uses under the proposed
zoning classification.
Any development anticipated by the proposed zoning district would require considerable site
alteration and this project will undergo extensive evaluation relative to all federal, state, and local
development regulations during the site development plan approval process and again later as part
of the building permit process.
.'-
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3/17/09
Page 12 of 14
Agenda Item No. 8A
February 23, 2010
Page 91 of 189
17. The impact oJ development on the availability oJ adequate public Jacilities and services
consistent with the levels oJ service adopted in the Collier County GMP and as defined and
implemented through the Collier County adequate public Jacilities ordinance.
The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding
Adequate Public Facilities for and the project will need to be consistent with all applicable goals
and objectives of the GMP regarding adequate public facilities. This petition has been reviewed
by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning
process and those staff persons have concluded that no Level of Service will be adversely
impacted.
18. Such otherJactors, standards, or criteria that the Board oJCounty Commissioners shall deem
important in the protection oJthe public health, saJety and welfare.
To be detelmined by the BCC during its advertised public hearing. Based upon the above analysis,
staff is of the opinion that the proposed change to the Agricultural Zoning District is not
anticipated to have an adverse effect upon the sUlTounding area.
NEIGHBORHOOD INFORMATION MEETING (NIMh
The meeting was duly noticed by the applicant and held on FebruaJY 19, 2009 at 5:30 p.m. at the
Golden Gate Estates Library. Five people from the public attended, as well as the applicant's teaJll
(Margaret Peny, Jeff Peny and Tom Trettis of WilsonMiller, Inc. and Bill Barton and Tom
Wildenhaus from Olde Florida Golf Club) and county staff.
Ms. PelT)' presented an overview of the requested Rezone their client is seeking. Ms. PelT)'
explained that by rezoning the propelty from its cun-ent Zoning of Golf Course to Agriculture this
would allow the property owner more uses, such as single faJllily homes.
There was no opposition to the rezone, but the following comments were made by those in
attendance. One resident wanted to know where the access to the propelty would be. The
petitioner responded that it would be in the saJlle place as it is today; no change is proposed. The
same resident wanted clarification that no conuncrcial uses could be built with this rezone, and the
petitioner assured him that commercial use is not an approved use under agriculture or in the Rural
Fringe Neutral Area and that in order to allow commercial uses, a Growth Management Plan
Amendment would be required. Several residents asked if there were any plans to remove the golf
course. The property owner stated that he intends to keep the current golf course intact. A
discussion also occurred regarding the alignment of the Vanderbilt Beach Road Extension.
STAFF RECOMMENDATION:
The Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward a recommendation of approval of Petition RZ-2008-AR-13951 to
the Board of County Commissioners (BCC).
RZ-200B-AR-13951 Olde Florida Golf Ciub
Revised 3/17/09
Page 13 of 14
Agenda Item No. 8A
February 23, 2010
Page 92 of 189
,.--,~
PREPARED BY:
d13-c:Yl
SELEM, AICP, PRINCIPAL PLANNER
TMENT OF ZONING & LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
j ( Iw
HE DI ASHTON-CICKO
CHIEF ASSISTANT COUNTY ATTORNEY
;, ) J 2< J b")
DATE
:) II} /) '7
IVATE
. ?<'L /Jr,.,,)
RAYMO D V. BELLOWS, ZONING MANAGER
DEPAR MENT OF ZONING & LAND DEVELOPMENT REVIEW
--.Y(vI, I
USAN MURRAY ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
3/
'DAT
APPROVED BY:
H K. SCHMIT , ADMINI 'TRA TOR A
MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the June 9, 2009 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
r
MARK
~p
V'l>
. STRAIN, CHAIRMAN
l{,-z/o~
DATE
RZ-2008-AR-13951 Olde Florida Golf Club
Revised 3/12/09
Page 14 of 14
<(om
c:o~c:o
o~
ON_
Z .0
o'l
EN~
w>-..
_ ~ w
-roo>
"'''''''
'O~a.
e.o
w'"
0>"-
<(
'~'Nnl.I1S ><1;,
0 0
. . 0
. . . -
, ,
. ,
.
-
,
'-
-- .
c_ .,
.-
~I
,
I '''''N J':!><lS ."
0
.
.
,
z .
0
w ~
0- ~
-
~~ "' U
0
~
''''N J.33>11' ."
.
a W
"
~~- s
\ . .
. ,
0 0 0
0 ,
. ~
~ "
. , I o. nllll5 151t
- , I
"
,
- ,~. "
,
I
, l o. U3....' ~
, , ,
" f
, , ,
0 ,
I , ~: .
,
.
~SOWKHti , , - , -
. , ,
-
, , .
.
. ,,' ,"
,- ,- !
" -cgial!' '" .lJ31ll5 ."
...:,,"-""
",i!;'-'''- ,
.
" " . . .
Cg 'g " ,
-
h .
!
,
TI>'~O'__/
~
[]~~A3"1nDll """"'M
O.....^;lnOll NOS,'M
.
,
,
~:;
.,
-(ji
,
I
-
,
-
~o;
N I" ~
, ,
"
s
,
.
"
"'!'
-,
',-
, ,
o
i
,
.
,
,
.
'0
.
,
,.
.<
"
,
.
!.
"-
i'
.
.
,
,
.
c_
- ,-
..
,.
r
i
o
"
.
,
.
1.':2
",
--
i'
.'.
'!
-
,
!
i
o-z
Uo
w-
~~
Ou
"'0
<L~
.
,
,
:::e
".
< ,
"
.
,
,
.
c.
,
" <'
'!
I
.
,
,
--
"
.,
-;;i
r
,
.
.
.
.
!
.
-
.
,
.
,
o
i
C
.
.
.
,
,
,
.
.
.
.
>
.
,
,
.
,
,
.
'-
.'.
'!
I
.
,
,
.
'0
,
'..
00
r
.
,
.
'<
f::!
-'.
-;;1;
!
.
.
,
.
,
o
,
>
"
"
,
o
,
.
"
o
"
.
,
,
"
-.
C
.~
0,
o
I
!
,
.
".
.,
..'
'j
!
.
,
,
~!!
,
",-
- !
I
.
.
.
.
>
.
m
>
<
m
.
II
"
,-
,
.
"
,-
!
I:
~;I-
~
!iI.-~
-.
,,.
..
.
.
I
.
,
,
.
'0
.
,
.
-
"
",
,
..-
,,'
>
[' ,
:I.l 1 ~
,
" I-
~ ~ ,i
~
-, ~
'0 I
..
"
;j
>Tlli~
U--~I~ !JU
.
,
,
::l::o
, .
. .
.j
!
~.
!~
,
"
:: "~
i
.
.
"
-
-L
~~'
,.
"
,
"
!
8
a..
<(
~
(9
Z
-
z
o
N
~
"'
'"
'"
~
,
'"
<:
"'
'"
'"
N
,
N
'"
..
Z
o
0-
f-
~I
a..
<(
~
z
o
-
f-
<(
o
o
-1
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOY.Nll
Agenda Item No. 8A
2800 NORTH HORSESIf~rj,\\l.w.~3, 2010
NAPLES, FLORIDA 341 ;.;t:>'age g'4 of 189
(239) 403-2400 FAX (239) 643-6968
RZ-200S-AR-13951 REV: 1
OLOE FLORIDA GOLF CLUB
Project: 200S100005
Date: 11/5/08 DUE: 12/S/0S
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
Above to be completed by staff
'-'-
NAME OF APPLlCANT(S) Olde Florida Golf Clpb. Inc.. Att~: William ~Qrton. P.~
ADDRESS 9405 Vander!:!.!lt Beach Rood.Ext CITY Nople$ STATE Fl ZIP 34120
TELEPHONE # 239.641.7941
E-MAIL ADDRESS:bijlborton39@comcost.net
NAME OF AGENT Mor9.QLet C. Perry. AICP. WilsonMiller.lnc.
ADDRESS 3200 Bailey L~. Ste. 200 CITY Nogle~ STATE Fl ZIP 34105
TELEPHONE # 239.649.4040 FAX # 239.643.571 Q
E-MAIL ADDRESS:Morgoretperry@wilsonmiller.com
NAME OF AGENT John Possidomo. Esq.. Cheffy. Possido!l!.o. Wilson & Johnson-
ADDRESS 821 S'h Ave. S. CITY Naples STATE Fl ZIP 34102
TELEPHONE # 239.261.9300 FAX # 239.261.9782
E-MAIL ADDRESS:jmpassidol\lo@nCll2leslaw.com
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
1
APPLI!;A nON l'OR P1.!!!MC l!l>ARING EaR STANDARD REWNE - 1I/28/ro06. rev 2Il2l9$
. - --'.'--'--'>-- .-...- '~-,"-,"-"--_.""-' ...---". .-.-...-
.- .
~.__..,._-
~...
~
Agenda Item No. 8A
February 23, 2010
Complete the following for all registered Association(s) that could be affected by this petition. Provide
additional sheets if neeessary. Information can be found on the Board of County Commissioner's website
at http://www.colUergov.netjlndex.aspx?page=774
NAME OF HOMEOWNER ASSOCIATION: Bfth District Civic Advisory Grou.Q
MAILING ADDRESS 2335 Tomiomi Tr.ail N. Ste. 308 CITY Naples STATE.E!. ZIP 34103
NAME OF HOMEOWNER ASSOCIATION: Golden Gate Estat!'s Area Civic Association
MAILING ADDRESS 2335 Tomiomi Trail N. Sle. 308 CITY Naple$ STATE Fl ZIP 34103
NAME OF HOMEOWNER ASSOCIATION: Vanderbilt Country Club Hom\itowners' AssQ~iotion
MAILING ADDRESS 8250 Danbury Blvd. CITY Nap..I.e~ STATE Fl ZIP 34120
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as well
as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
IN/A
I
b. If the property Is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name and Address
Percentage of Ownership
This is an equity owned club in which each of the 275
members own 0.36% of the corporation. Please refer to
the attached list of owners.
Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest.
Name and Address
Percentage of Ownership
2
APPLICATION FOR PUBLIC HEARING FOR STANDARD RlIZONE -1I128/ro06. rev 2112108
Agenda Item No. SA
I N/A February 23, 2!ITQ
Page 96 of 1!ill
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Name and Address
Percentage of Ownership
I
I N/A
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stoekholders, beneficiariesr or portners.
Name and Address
Percentage of Ownership
N/A
I
Date of Contract, J::!LA
f. If any contingency clause or controct terms involve odditionol parties, list all
individuals or officers, if a eorporation, partnership, or trust.
Name and Address
N/A
g. Date subject property, acquired [81 leased 0 1993;1997 Term of lease
yrs./mos.
If, Petitioner has option to buy, indicate date of option,
and date option
terminates:
r or anticipated dosing date
h. Should any changes of ownership or changes in controcts for purchase occur
subsequent to the date of application, but prior to the date of the . final public
hearing, it is the respansibility of the applkant, or agent on his behalf, to submit 0
supplemental disclosure of interest form.
3
APPpCA TIQ[l.l'OR PUBLIC HEA.RlNG FOR ~T ANDARI! REZONE - 11/2812006, rev 2/1 ZIO$
,'--' -_...__....,._._.~~
--,,--_.._~
Agenda Item No. SA
February 23, 2010
..-.........,-,..,.,......,....-...........'.,.....""..'.,.-.'....,.."".~,...."'..,.,..".,,_.....~.,.,..".....,.--.~.,.."."'''<.........,..,.-,.....,._..-...
, . .,,'.,.., .'..-mvi"""' .rc:...'.".".' .. ~~. . ",,-,
, _;,,'..,.;~.'I~\~e,'!~\~g...:JlJDJL,,>~'_,,;S'~~l_!'f,:f~)j~F~J~~
Legal Description of Subject Properly: (If space is inadequate, attach on separate page.) If request involves
change to more than one zoning district, include separate legal description for property involve~ in each
district. Applicant shall submit faur (4) copies of a recent survey (completed within the last six months, maximum
1. to 400' scale) if required to do so at the pre-applieation meeting.
NOTE, The applicant is responsible for supplying the correct legal description. If questions arise eoncerning the
legal description, an engineer's certification or sealed survey may be required.
Section/Township/Range 31 148S 127E
Lot: Block, Subdivision:
Plat Book Page #: Property I.D. #: 00219160003; 00219400103
Metes & Bounds Description, ALL OF SECnON 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE EAST
1/2 OF THE NORTHEAST 1/4, COLLIER COUNTY, FLORIDA
ft. X
ft. = Total Sq. A.
Acres 553.67 acres
Address/generalloc~tion of subj!oct Ill2Pl'rtx; 940S and 10195 Vanderbilt Beach Road Ext.
Zoning
Land Use
N A-MHO
Residential and Vacant
S Estates
E A-MHO
Single,Family Residential
Vacant
W Agriculture
Golf Course
Does the owner of the subject properly own property contiguous to the subject properly? If so, give
complete legal description of entire contiguous properly. (If space is inadequate, attach on separate page).
The owner of the subject property, aide Florida Golf Club, Inc. does not own any property contiguous to the
subject property.
Section/T ownshi p/Range
/
/
Subdivision,
Plat Ilook,
Lot,
Page #
Block:
Properly I.D.#,
Metes & Bounds Description,
APPLICA nON FOR PUBLIC HEAI~ING FOR STANDARD REZONE - 111;?:8/Z006. ...ev ZII 2108
4
. ..",.."....._,..
--
This application is requesting a rezone from the GC zoning district(s) to the A zoning district(s).
Present Use of the Property, Golf Course and undeveloped property
Proposed Use (or range of uses) of the property: Uses which are allowed by right in the Rural Fringe Mixed
Use - Neutral land, according to the Growth Management Plan and lDC, which include, but are not limited to,
agriculture, golf eourse and single-family residential.
Pursuant to Section 1 0.03.05.G. of the Collier County land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of
County Commissioners shall be based upon consideration of the applicable erlteria noted below. Provide a
narrative statement describing the rezone request with specific referenee to the criteria noted below. Include
any backup materials and documentation in support of the request.
$,tandard Re;r;one Consideratio!li aPC Section J 0.03.05.G.l
1, Whether the proposetl change will he consistent with the goals, objectives, anti policies anti Future
land use map anti the elements 01 the growth management pion.
.-
The subject property is 553.67 acres and is designated Rural Fringe Mixed Use District (RFMU)
Neutral land by the Future land Use Element (FLUE) of the Growth Management Plan. The
property currently eontains an 1 S-hole golf course and supporting facilities and open space. It is
the applicant's intention to rezone the property from Golf Course to Agrieulture to allow for the
uses which are permitted by right in the RFMU Overlay, which include, but are not limited to,
agriculture, single-family residentiol, and golf eourse.
lands designated Neutral in the RFMU District ore appropriate for limited development, at a
maximum density of 1 single-family dwelling unit per 5 acres, or a maximum of 11 0 dwelling units
on the subject property. Clustering is encouroged, but not required. Golf courses are also
permitted as of right on Neutral lands. The existing golf course will remain in tact.
While the applicanr is not proposing any development at this time, a wide range of opportunities
exist, including ogrieulture, single-family residential and golf eourse, and may be proposed in the
future. Each of those uses is consistent with the FLUE and all other elements of the Growth
Management Plan as follows:
o The subject property's location in relation to existing or proposed community facilities
and services permits the potential uses and density os required in Objective 2 of the
Future Land Use Element.
o The potential types of development are compatible and complementory to existing and
future surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
o All final local development orders for this project are subject to Chapter 6, Infrastructure
Improvements and Adequate Public Facilities Requirements, of the LDC.
o The subject property will preserve a minimum of 60% of the existing native vegetation,
not .to exceed 45% of the total site area, in accordance with Policy 6.1.2 of the
5
APPLICATlOf'i FOR PUBLJC HEARING FOil ~TANDAI!I! REWNE -lJ/28/2006. ...... ~/Ui08
Agenda Item No. SA
Conservation and Coastal Monagement Bement. The location of suthF~~~iW~kO
determined at the time of an application for plat or site development plan. age 9 0 9
.
o Any development occurring on the subject property will include a safe and efficient
transportation system that provides for both motorized and nonwmotorized movement
of people and goods, in aceardance with Goal 1 of the Transportation Element.
o This petition is also consistent with Policy 7.1 of the FLUE, whith eneourages
developments ta be cannected to fronting collector or arterial roads. The praperty
fronts on the Vanderbilt Beath Road Extension and will provide access as deemed
appropriate by Collier County Transportation staff as that rood is construeted.
o The praposed thanges are consistent with Policy 5.4 of the Grawth Management Plan,
whith states that new develapments must be compatible with, and complementary to,
surrounding land uses. The subject property is surrounded to the west by anather golf
course, to the narth by residential property zoned A-MHO, to the east by vaeant land
zoned A.MHO, and to the south (aeross Vanderbilt Beath Road Extensian) by single-
family residential development zoned Estates. The uses allowed by right (agriculture,
golf course and single-family residential) are of the same intensity 0$ surrounding uses
and are compatible and complementary.
2. The existing lanrl use pattern.
The subject property is surrounded to the west by a golf course, to the north by residential
property zoned A-MHO, to the east by vaeant land zoned A-MHO, and to the south by ,;ingle-
family residential development zoned Estates. The uses which are allowed by right (agriculture,
golf course and single-family residential) are of the same intensity as surrounding uses and are
compatible and complementary.
J. The passible creation of an isolated distrid unrelated to adjacent anrl nearby antrim.
Rezoning the subject property ta Agriculture would not ere ate an isolated district. In fact, most of
the surrounding zoning is Agriculture. Both the zoning district and existing and potential land uses
are similar to or the some as those of adjacent and nearby districts.
4. Whether existing rlistrid boundaries are illogleally rlrawn in relation to existing conrlitions on the
property for the propaserl change.
Existing district boundaries are appropriate for the property and its proposed zoning and useS4
5. Whether ehanged or changing conditions make the passage of the proposed amendment (rezone)
neee$SarY4
Changed or changing conditions have not made the passage of the proposed rezone necessary.
6. Whether the proposerl change will arlversely influence living conrlitions in the neighborhood.
The property is compatible with the surrounding neighborhood and will not have adverse impacts
on living conditions in the area as a result of a change in zoning.
7. Whether the proposerl change will create or excessively increase traHic eongestion or create types of
troHic deemerl incompatible with surrounrling IanrI uses, because of peak volumes or projected types of
vehicular troHic, indurling adivity rluring eonsfruerion phases of the rleve/opment, or otherwise afFed
public sa/ety.
6
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28/2006. rev 2/12/08
,,-.'-,
Agenda Item No. SA
The proposed c:hange will not excessively increase traffic eongestion or create typ~~:lg/;j!~t~~g
are incompatible with surrounding land uses, as is demonstrated by the Traffic Impact Siatement
submitted with this application.
8. Whether the proposed change will create a drainage problem.
The proposed c:hange will not create a drainage problem. Any future storm water management
system will have sufficient capacity to meet 011 of the required Collier County and SFWMD
permitting requirements.
9, Whether the proposed change wiN seriously reauce light and air to acljacenl areas.
The potential uses of the site will not reduce light or air to adjacent areas.
10. Whether the proposed change will seriously aneel property values in the acljacenl area.
The applicant does not believe that property values will be affected by approval of this rezone.
11. Whether the proposed change will be a deterrentla the improvement or development 0' ar/jacent
proporty in accordance with existing regulalions.
The proposed change will not affect the improvement of adjacent developments.
12. Whether the proposed change will cons lit ute a grant of spedal privilege to an indiviaual owner as
conlrostecl with the public welfare.
,.--
The proposed c:hang.e is in accordanee with the goals, objectives and policies of the Growth
Management Plan and both the rezone procedures and development regulations of the Land
Development Code will be adhered to. The proposed change will not be detrimental to the public
welfare.
13. Whether Ihere are sumtantial reasons why the properly cannot be used in accordance with existing
,
zORlng.
The subject property is designated RFMU Neurralland by the FLUE of the Growth Monagement
Plan. Permitted uses as of right within that designation Include, but are not limited to, agriculture,
single-family dwelling units and golf eourses. The zoning on the property, however, Is Golf Course,
whic:h allows for golf course, clubhouse, maintenance facilities and a caretaker's residence. The
proposed zoning of Agriculture allows for a broader range of uses and provides greater flexibility
for the land owner by allowing agriculture, golf eourse and single-family dwelling units by right, in
accordance with the FLUE and the land Development Code.
14. Whether Ihe change suggested Is oul 01 scale with Ihe needs 0' Ihe neighborhooa or the county.
The potential uses allowed by right In RFMU Neutral land include ogriculture, single-family
dweiling units at 1 unit per 5 acres, and golf course. The land surrounding the subject site is largely
zoned Agricultural. A golf course exists west of the site, and single-family units and vacant lands
surround the site to the north, east and south. The proposed rezone would not allow for uses that
ore out of scale with the needs of the neighborhood or county.
15. Whether ills impossible to find olher adequale sites in the counly for Ihe proposed use in districts
already perrnilling such use.
.-
The subject property has been owned by the applicant since 1993, with an addition in 1997.
Although other sites may exist in the county to allow for agriculture, golf course and residential
7
A~PLlCA TlON FOR rUBLlC W;~NQ EQP. ~T ANQARD RE~ONE - 11/28/2006. rev 2/.121!3
-.',.,.,-.----.-.----
Agenda Item No. SA
dwelling units, the applicant simply wishes to exercise the development rights gra.ft~B~1iJ?of~~g
Growth Management Plan on the property they currently own.
/6. The physical characteristics of the property and the degree of site alteration which would be required to
make the prop.rly usable for any of the range 01 potential uses under th. proposed zoning classification.
The Olde Florida Golf Club property contains approximately 554 acres including an exIsting golf
eourse, clubhouse, maintenance focility and undeveloped areas. A 51.2-ocre conservation
easement is located within the northeast corner of the site and contains primarily cypress dominated
habitats. The balance of the undeveloped portions of the site contains cabbage palm, pine
flatwoods, plne-cypress-cabbage palm, and cypress habitats. Many of the cypress and pine-
cypress-cabbage polm habitats have experienced an altered hydrologle regime due to the
construction of the Cypress Canal to the south, the construction of Immokalee Road and
Cocohatchee Canal to the north, and surrounding development in this region of Collier County.
The Collier County LDC requires that properties within Rural Fringe Neutral lands preserve 60% of
the native vegetation. An existing 51.2-acre conservation easement located in the northeast corner
of the property will be incorporated into the required native vegetation preservation area which
will include similar high quality habitat at such time as an applieation for plat or site development
plan is submitted. Gopher tortoise burrows have been identified on the site. The existing
conservation easement area will be combined with gopher tortoise burrow habitat areas to satisfy
the native. vegetation preservation requirements at the time of plat or site development plan.
Approximately 40% of the native vegetation will be impacted to make the property useable for
any of the range of potential uses under the proposed zoning classifications.
/7. The impact of development on th. avai/a&ility of odequale publit fad/ifies ana services consistent with
the levels of service aelapled in the Collier County growth managemenl plan ana os defined and
implementerl through the Collier County Adequate Publit Fad/ifies Ordinonee [Code ch. /06, arl./l], as
amended.
The proposed change is in accordance with the goals, objectives and policies of the Growth
Monogement Plan and will be consistent with the level of serviee incorporated within the Collier
County Adequate Public Facilities Ordinance.
/8. Such other factors, standards, or .,iteria that the board of county commissioners shall deem important in
the protection 01 Ihe public health, safety, and welfare.
The proposed rezone meets all criteria in the Growth Management Plan and land Development
Code for appropriateness ond the compatibility with the surrounding neighborhood. The applicant
does not believe that approval of this rezone application will cause any detrimental effects on the
public health, safety and welfare.
[!eed Res!!ictions: The County is legally precluded from enforcing deed r.strictions, however, mony
communities have adopted such restrictions. You may wish to contact the civic or property owners association in
the area for which this use is being requested in order to ascertain whether or not the request is affected by
existing deed restrictions.
Previous land usuetitions on the subjectR!'.!!2!'rtx;. To your knowledge, has a public hearing been held on
this property within the last year? If so, what was the nature of that Hearing?
No public hearing involving this property has been held within the past year.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE-llf28/2006. rev 2/12108
8
-
Agenda Item No. SA
February 23, 2010
RZ-200S-AR-13951 P~:1112 of 189
OLOE FLORIDA GOLF CLUB
Project: 2008100005
Date: 12/1S/0S DUE: 1/21/09
S1;'ATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1. NAME OF APPLICANT: Olde Florida Golf Club, Attn. William Barton, P.E.
2. MAILING ADDRESS 9393 Vanderbilt Beach Road Ext.
CITY Naples STATE FL ZIP 34120
ADDRESS OF SUBJECT PROPERTY (IF
Vanderbilt Beach Road Ext. Naples, FL 34120
3.
AVAILABLE): 10195 and 9405
4.
LEGAL DESCRIPTION:
Section: 31 Township: 48 South Range: 27 East
.~
./ .
Lot:
Plat Book
Block: Subdivision:
Page #: Property I.D. #: 0021916&3; 00219400103
Metes & Bounds Description: All of section 31, Township 48 South, Range 27 East less
the east V2 of the Northeast ~, Collier Count, Florida.
~.
5. TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
.. PACKAGE TREATMENT PLANT
(GPD capacity)
d. SEPTIC SYSTEM
o
o
o
o
IZl
6. TYPE OF WATER SERVICE TO BE PROVIDED
a. COUNTY UTILITY SYSTEM IZl
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PRIVATE SYSTEM (WELL) 0
7. TOTAL POPULATION TO BE SERVED: 110 units or 275 (people)
8.
PEAK AND AVERAGE DAILY DEMANDS:
A. W ATER.PEAK 11 6.5 GPM AVERAGE DAILY 42.350 GPD
B. SEWER.PEAK93.1 GPM AVERAGE DAILY 33.000GPD
-
IllI':lAnOOl.20!I91.1. Vu;3_NPE$1'ELL
N()I07.oISoOO1 . PZON. :n.n"
Agenda Item No. SA
February 23,2010
Page 103 of 1S9
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO BE REQUIRED: 2011
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of affluent and sludge disposal. If percolation ponds are to be used,
then percolation data and soil involved shall be provided from tests prepared and certified
by a professional engineer.
Based upon the Availability of Service letter from Collier County Public Utilities for the
subject Project, wastewater service is not available. Therefore, wastewater service for
any future development will be provided via individual septic systems.
Below is a schematic of a typical sanitary sewer treatment process for this property.
Wastewater
Source
Septic
Tank
Drain
Field
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an agreement that the
applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County, If applicable,
the statement shall contain shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
The subject Project lies within the current Collier County Water-Sewer District Service
Area (CCWSD). .4s indicated in the water availability letter from Collier County dated
September 19, 2008 wastewater service is not available for this site. Therefore,
wastewater service for any future development will be provided via individual septic
systems.
Water service will be provided by Collier County Public Utilities, If the subject Project
does not intend to utilize County Utility Easements (CUE's) all utilities will be owned
and maintained by the owner, or their successors or assigns. Should the Project utilize
CUE's, all water facilities will be owned and maintained by Collier County Public
Utilities. At the time of future development, should County Water be unavailable, the
Project will be required to provide an interim means of water supply and treatment until
such time as the District's facilities have the adequate capacity to service the Project.
10/24f2l1Ol1_:W~I!i. v..,.., ~ . NPl>Sn.1J.
/'IOIOHll.~.OOl - P'LON. ~1M..~
Agenda Item No. SA
February 23, 2010
Page 104 of 189
,'-"
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
U nIess waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any provider other than the County, a
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided.
As referenced previously, the subject project will utilize individual septic systems for any
future development.
Please reference the previously submitted letter from Collier County Public Utilities
regarding availability of service for future potable water supply, As noted in the above
referenced letter, should adequate capacity of Collier County water be unavailable at the
time offuture development, the Project will be required to provide an interim means of
water supply and treatment until such time as the District'sfacilities have the capacity to
service the Project.
--,,-.
._,',
- ,',
. .
IlII3U2OCl$.10S91:'>.Vcr.~.NPE:S'1a.(.
Nl)107.j)I~.ooI.I'Z.ClN.12~<;
.-_.-
"_.._._.,,.a._
y
NEW DIRECTIONS IN PLANNING, DESIGN &. ENGINEERING. SINCE' 956.
Agenda Item No. SA
February 23, 2010
Page 105 of 1S9
Wil_Mille,"
October 27, 2008
RZ-200S-AR-13951 REV: 1
OLDE flORIDA GOLF CLUB
Project: 200S10000S
Date: 11/5/0S DUE: lZ/S/08
Ms. Kay Deselem:AICP, Principal Planner
Zoning and Land Development Review.
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Olde Florida Golf Club Historical Survey Waiver Request
Dear Ms. Deselem,
On behalf of our client, Olde Florida Golf Club, Inc., Wilson Miller is respectfully requesting a
waiver from the requirement to provide a historical survey as part of the rezone application. The
subject site, which is located in Section 31. Township 48 South, Range 27 East in Collier
County, is not identified on the Historical and Archaeological Probabilities Map, and we do not
believe this site to have any historical or archaeological significance.
Please let myself or Brooke Gabrielsen know if you have any questions or concerns about this
waiver request.
Sincerely,
WilsonMillerinc:.
/1M-JJ;t
Margaret Perry, AI
Regional Manager, Development Planning and Approvals
Corporate Office 3200 Bailey lane Suite 200 Naples, Florida 34105
800.649.4336 239.649.4040 f 239.643.5716
WilsonMiller.com
,
.Y'_~
. ,
".;#
--."
Le...
'-
~
Agenda Item No. SA
To' 92525724 FebruarY2~,/~10
5r~r~
gaoo NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104 .
~-14-2B1llS 14:25 From:
COLLIER COUNTY GOVERNMENT
ADDRESSING DEPARTMENT
Please complete lfle following ami fax to lhe Addressin~ Department lilt 23g.252.5n4 or IlUbmij In person to the
Addressing Department at lI'I& above address. Form must be s. _d.dresslQ!Lpl!rogm,ell!rJor to Rre-II~
mee!l!!.9...PlsaSlLallow 3 da.Ys for~es!l1Dsl,
Not all lIems will apply 10 every project Items In bold type are required. Forms older than a months will reejlJire .
atldlllonal review Clnt! approvlOl by !he Addressing Department
.1'
PETITION TYpe (check petiiforr type below, I'omplete a S9pi1r1lle Addressing Checklist (or Men Petition Type)
o BL (Blasting Perm II)
o 60 (Boat Dock Extension)
o CarnivaJ/CIrc~s Permit
o CU (Conditional Us..)
o EX!' (excavation Permll)
8 FP (Final Plat
UA (l.,ot Line A<l)ustmanl)
PNO (Projeot Name Change)
o PpL (Plans 1\ Plat R!!View)
8 PSI" (Preliminary Subdivision Pial)
PUD Rtl.l:one .
181 R7. (Slartdard ReUlna)
B SOP (S~e Development Plan)
SDPA (SO\'> Amendmentl
o SPPI (InSubstanllal Change to SOP)
o SIP (Site Improvement Plan)
o SIl"l (Insubstantial Change to SIP)
o SNR (Siresl Name Change)
o SNC (Slreet Name Change - Unplatted)
o TDR (Tl'!lnsfer of Development Righl~)
o VA (Van;,nce)
B VRF' (V~etaaon Removal f'@[m~)
VRSFP (Vegetation Removal & S~e FflI Permit)
o OTHER
-
LEGAL DESCRIPTION of subjllet propGrty or properties (copy o( lengthy description may be attached)
ALL OF SeCTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE EAST 1/2 OF THE
NORTHEAST 1/4, COLLIER COUNT(, FLORIDA. - -PG-t0> ls 14 1
FOL.IO (Property IDI NUMBER(s) of above (attach to, or tlSSoclare. Vritfl. legal doscrlption if more IIl..n one)
00219400103.0021916003
.
STREET ADDRESs or ADDRESSES (as applicable, if already assigned)
10195 VANDERBILT BEACH RD
.
. LOCATION MAP must OQ attacM<t showing exact lOcation Of projeot/Bite in relation to nearest public road right-of-way
. SURVEY (copy - needed Only for unpl1llltad propertills)
PROPOS5D PROJECT NAME; (If IilppliCfJble)
N/A
PROPOSE!D STREET NAMES (If applicable)
N/A
SITE OEM:;LOPMENT PLAN NUMBER (frJr ex/sling proiect~sit98 only)
SOP orAR#
-
E\1' 1
R_13951 R.
RZ-200S-A GOlf CLUB
flORIDA
OLD.E . ZOOS100005 DUE: 12/g/0S
proJect.
oate: n/5/OS
Page, of2
AU~-l~-200e 14:25 From'
To: 92SE?s724
Agenda 1t"w.!.}!Q. SA
February ;>3: ~01 0
Page 107 of 1S9
ADDReSSINO CH!'!CKUS'l' . PAGe; /Wo
Project or o&velopment names proposed for, or already appearing in, condominium docu"""nls (If mpplicaUon; In<floele
whether proposed or exls1lnll)
P'
-
Please Check One: l8J ChecklIst Is to be Faxed back
o Pen;onslty Picked Up
APPLICANT NAME: BROOKE GABRIELSEN, FOR aLOE FLORIDA GOI..F CLUB
PHONE 239.649.4040 FAX 239.643,5716
Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is
subject to further review by the Addressing Department.
-
FOR STAFF USE ONI.. Y
Primary NUftlber -y:'lP7(p
Address Number ~ ~ C> q.(o~
- .
,
A.ddress Numbor
Address Number
Updated by._
Dalo: O'j?-/S-O'i
Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
G:\CUm!n~IIC:dion Forrns\Addl'Q$sfng Checklist. fev Jlm.eOe,doc
l"age 2 0/2
AFFIDA VIT
RZ-2008-AR-l~da 1Mv':NIl. 8A
OLOE FLORIDA ~'d1YJ>23, 2010
agelll8 of 189
Project: 200810 05
Date: 11/5/08 DUE: 12/8/08
Well, William Barton. ?E. of Olde Florida Golf Club. Inc. being first duly sworn. depose and say
that well am/are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the disclosure of .
interest information. all sketches. data. and other supplementary matter attached to and made a part
of this application, are honest and true to the best of our knowledge and belief. Well understand that
the information requested on this application must be complete and accurate and that the content of
this fonn, whether computer generated or County printed shall not be altered. Public hearings will
not be advertised until this application is deemed complete. and all required information has been
submitted.
As property owner We/lfurther authorize Marf!aret C. Perry, AIC? ofWilsonMiller, Inc. and John
Passidamo. Esa. of Cheffy. Passidomo. Wilson & Johnson to act as our/my representative in any
matters regarding this Petition.
"
~
~
Signature of Property Owner
Signature of Property Owner
William Barton. Secretary
Typed or Printed Name of Owner
Typed or Printed Name of Owner
Theforegoing i~JJ::t ~edged before me this /0 day of~~k.
200"-----' by Ot) . who is personally known to me or has produced
as identification. -
State of Florida
County of Collier
(-
-----
U
(Signature of Notary Public - State of
Florida)
~.~ Notary Publlc Stole of Florid.
~~I'f> PIlIrIcIILPIcI<-
. : My commI_ 00797335
'\;'..,,<! Expi...06I2O/2D12
~RI(~ ;:+'2CJJ61-tZ
(Print, Type. or Stamp Commissioned
Name of Notary Public)
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -lI/28120D6. rev 2/12/D8
13
2008 FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# L99780
Entity Name: OlOE FLORIDA GOLF CLUB, INC.
Agenda Item No. 8A
FILEifebruary 23, 2010
Jan 24, 2068ge 109 of 189
Secretary of state
New Principal Place of Business:
Current Principal Place of Business:
9393 VANDERBILT BEACH ROAD EXT.
NAPLES, FL 34120 US
New Mailing Address:
RZ-2008-AR-13951 REV: 1.
OLOe FLORIDA GOLF CLUB
Project: 2008100005
Date: 11/5/08 DUE: 12/8/08
Current Mailing Address:
9393 VANDERBILT BEACH ROAD EXT.
NAPLES, FL 34120 US
FEI Number Applied For ( I
FEI Number Not Applicable ( )
Certificate of Status Desired ( )
FE! Number. 65-0220433
Name and Address of New Registered Agent:
Name and Address of Current Registered Agent:
KUKK, T J
9393 VANDERBILT BEACH ROAD EXT.
NAPLES, FL 34120 US
The above named entity submlls this statement for the purpose of changing ils registered office or registered agent, or both,
in the State of Florida,
SIGNATURE:
Electronic Signature of Registered Agent
Election Campaign Financing Trust Fund contribution ( ).
Date
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
OFFICERS AND DIRECTORS:
l1tle;
Name:
Address:
Clly-SI-Zip:
TIlle:
Name:
Addren:
Clly-Sl-ZIp:
TIlle:
Name:
Address:
Clly-st-Zip:
litis:
Name:
Address:
Clly-Sl-Zip:
TlUs;
Name:
Address:
CRy.Sl-ZIp:
TItle:
Name:
Address:
Clly-Sl-Zip:
( ) Change ( ) Addlllon
o ( ) Delete
HAlMBAUGH. JOHN W
9393 VANDERBILT BEACH ROAD EXT
NAPLES, FL 34120 US
TIlle:
Name;
Address:
CIly-st.Zip:
so ( ) Delete
BARTON, WILLIAM L
9393 VANDERBILT BEACH RD. EXT,
NAPLES, FL 34120 US
11UB:
Name:
Address:
City.st-Zip:
TIlle:
Name:
Address:
Cily-st-Zlp:
( ) Change ( ) Addition
PO ( ) Delete
KUKK, T J
9393 VANDERBILT BEACH RD. EXT.
NAPLES, FL 34120 US
( ) Change ( ) Addition
o ( ) Delete
D1TKA, MICHAEL K
9393 VANDERBILT BEACH RD. EXT.
NAPLES, FL 34120 US
TItle;
Name:
Address:
Cfty-st-Zlp:
( ) Change ( ) Addlilon
TO ( )Oolet.
QUiNBY. CLYDe
9393 VANDERBILT BEACH RD. EXT.
NAPLES, FL 34120 US
TItle:
Name:
Address;
City.S1.Zip:
( ) Change ( ) Addition
VD ( ) Delete
ViNING, DONALD
9393 VANDERB'LT BEACH RD. EXT.
NAPLES, FL 34120 US
TItle:
Name:
Address:
Clly-S'-Zlp:
( ) Chango ( ) AddItion
I hereby certify that the information supplied with this filing does not qualify for the exemption stated In Chapter 119, Florida
statutes. I further certify that the information indicated on this report or supplemental report is true and Bccurate and that my
electronic signature shall have the same legal eft'ect as if made under oath; that I Bm an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with an address, with ali other like empowered.
SIGNATURE: T J KUKK
Electronic Signature of Signing Officer or Director
PRES
01/24/2008
Date
OlOE FLORIDA GOLF CLUB, INC. Agenda Item No. 8A
OWNERSHIP INFORMATION Fepbruary1 23,2010
age 10of189
Each of the 275 members of Olde Florida Golf Club has a 0.36% interest in Olde Florida Golf
Club, Inc.
EUGENE ABRAHAM GMY ANDERSEN L MICHAEL I><RNOLD
1000 GARLANDS LANE #1208 520 UNNERSITY PL 108 FELIPE LANE
BARRlNGTONl IL 60010 GROSSE POINTE, MI 48230 BONITA SPRINGS, Ft 34134
RICHARO ARNOS OHARLES ASOHENBRENNER JOHN BAGLEY
ISEXMOOR 23 DEER POINT TRAIL BAGLEY & MILLER LAW FIRM
TOLEDO, OH 43515 MADISON. WI 53719 5S4THST.
PEKIN,IL 5'1554
OONALD "RICK" BAIRD JA'>IES BAIRD THOMAS BARNES
GOVERNMENT EDGE IHC B7'7:7 PURSLANE DR 500: LONG KNIFE RUN
21 W BROAD ST STE 710 NAPLES, FL 34109 LOUISVILLE. KY =7
COLUMBUS, OH 43215
- TOM BARRETT WILLIAM BARTON. > JOSEPH BAUGHMAN
8171 8A Y COLONY DR PH N 60S PALM OIRCLE EAST 810 EASTWood LN
NAPi..ES, F'L 34108 NAPlES, FL 341.02 GLENVlEW.IL 61J02S
W1LUAM BAUMAN JAMES BeATTY ROBERT BENOER
670 PINE POINT DR 412 S LINCOLN 260 CHAMPNEY BAY CT
AKRON,OH 44393 HINSDALE, 'L 60521 NAPLES. Ft 34102
JOHN BERINGER FRANK BEVEVINO JOHN BIBBO
"945 COLLIERS RESERVE DR FHB DEVELOPMENT CO 22833 SR 120
NAP!..ES, FL 34110 619 BALTIMORE DR ELKHART, IN 46516
WILLKES BARRE, PA 16702
JOSEPH BLANCATO KARL BLATZ JOHN BLlCKLE
Bl SEAGATE DR UNIT 903 GRIEGSTR 14 HElDMAN INC
NAPLES. FL 3410G 014193 BERLIN 500 GRANT ST
GERMANY. AKRON,DH 44311
RICHARD BODMAN RICHARD BORCHERS NAOMI BORWELL
3007 RUM ROW REGENT APT 20 S APT 37B
NAPLES. FL 34102 4101 GULFSHDRE BLVD N 1040 N LAKE SHORE OR
NAPLES, Ft 94103 CH[CAGO. It 60611
JAMES BOUCHARD JOHN BOWLIN MR. EDWIN BOYNTON
3 BEAVER ST 4931 BONITA BAY BLVD #17 13342 ROSEWOOD LANE
SEWICKLEY. PA 15143 BONITA SRPINGS, FL 34134 NAPLES. FL 34119
MR DANIEL BREEOEN MR DAVID BRENNAN MR MICHAEL BRENNAN
UNfT 1903 159 5 MAIN ST STE #5CQ 931 S WOODLAND AVE
8787 BAY COLONY DR AKRON.OH .4308 MICHIGAN OilY, IN 46360
NAPLES, Fl 34108
Agenda Item No. 8A
February 23, 2010
Page 111 of 189
MR CHAD BREWER
CHAD BREWER
3638 T AMIAMI TR. N #200
NAPLES. Fl 34103
MR JAMES BROCKSMITH JR
STE 1003
6930 BAY COLoNY DR
NAPLES, FL 34103
MICHAEl. BUNGERT
580 CAK KNOLL DR
LAKE FOREST, Il 60045
MR BERNARD BUTLER
1700 SUNNYSlOPE LANE
MANHATTAN, KS 66502
MRJOHN CABLE
PO Box 35026
RICHMOND, VA 23236
MR WILLIAM CASTELLANO
1001 MIDWEST CLUB PARKWAY
OAK BROOK. IL 60521
DAVIO CHANDLER
2000 C HANDLER OR
BOWLING GREEN, KY 42104
MR EOWARD CHERNEY
2070 WEST VALLEY RD
BLOOMFIELD HILLB, MI 46:!04
MR ROBERT CLIFFORD
CLIFFORD LAW OFFICES PC
120 N LASALLE ST STE 3100
CHICAGO, IL 60602:
DR STEPHEN COLEN
612 PARK AVE APT 130
NEW YORK, NV 10021
MRJOHN COWNS
LEER REALTY GROUP
53633 CR7
ELKHART, IN 465,4
OR WILLIAM COUGHLIN
2524FARRAGUT DR #5
SPRINGFIELD, IL 62704
CHARLES cox
NORTHERN JET MANAGEMENT
POBOX 1388380
GRAND RAPIDS, MI 49588
JOHN COX
'030 ASHLAND AVE
:RIVER FOREST, IL 80305
MR DICK CRAIG
306 CITATION POINT
NAPLES, Fl 34104
MR TOM CRAIG
612 BRYANT CROSSING OR
WEST UN'ON, SC 29596
MR WILLIAM CRANE
475 ORCHID DR.
NAPLES, FL 34103
MR. MICHAEL CROWE
MESIROW FlNANCIALINVESTM
350 N CLARK ST STE 300
CHICAGO. Il 60s' 0
MR EUGENE CULLER JR
330 NEPTUNES BIGHT
I~APlES. FL 34103
ELIZABETH CULLIGAN
17 WORTHINGTON AVE
SPRING LAKE, NJ 07762
DAVID O'ANTONI
15B21 SAVONA WAY
NAPLES. Fl 34110
lUTHERVllLE, MD 21093
MR CHRIS DELANEY
133 ARTHUR AVE
CLARENDON HILLS, Il 605'4
MR JAMES OELUCA
'39 STONEY POINT
BERWYN, PA 193\2
MR JAMES DAVIS
200B W JOPPA RO
ROGER DEROMEOI
900 EAST ILLINOIS RD
LAKE FOREST. IL 60045
MR JAMES DIDION
3727 GUAOIATO CT
NAPLES. FL 34'09
DONALD DillON
P.O. Boxsn49
UNCOLN, NE 68506
MR MICHAEL DIT1<A
UNIT 39F
tS1 EAST cHICAGO Ave
CHICAGO,IL BOS'l
MRS DIANA DITKA
161 ECHICAGOAVE39F
MR JOHN DONAHUE
100BAVRO
CHICAGO, IL 60611
NAPLES, FL 34102.
Agenda Item No. 8A
February 23, 2010
Page 112 of 189
MR. STEPHEN DUNLAP
6205 N VILLA AVE
OKLAHOMA CITY, OK 73112
WI~lIAM DURKIN
6224 WALHONOING RD
BETHESDA, MD 20616
MR THOMAS DUSTHIMER
10633 GULFSHORE DR
NAPLES, FL 34108
MR ROBERT EA TO~
9675 MASHIE CT
NAPLES, FL 34108
EDWIN EATON. JR
105 JUMENTO CAY LANE
BONITA SPRINGS, FL 34134
TOM ELKIN
22520 WEATHERBY LN
ELIVlART, IN 46514
MRWILUAMELYIII
'Z7ISLAND TRAIL
SPARTA, I'JJ UTa.."
MR PAUL ENOCH JR
420 ELMINGTON AVE
NASHVILLE, TN 37205
WILLIAM ESPOSITO
c/o TERRI CUTRONE
35 CIRCLE ST
NORWAlK, CT 06854
MR, ANTONIO FAOA
7955 AIRPORT RD STE 101
NAPLES, FL 34109
THOMAS FAHEY
PO BOX 5285
OAK BROOK, IL 60522
MR THOMAS FERGUSON
2!l56 HURLINGHAM OR
WELLINGTON. FL 33414
MR I.EE FLANDREAU
2245 SHEEPSHEAD OR
NAPLES. FL 34102
MR MICHAEL FLEMING
6597 NICHOLAS BLVD #105
NAPLES, Fl 34108
MR. WENDALL (BUD) FLODEEN
CANTOR FITZGERALD
9130 GALLERIA CT STE 104
NAPLES, Fl 34109
MR STEPHEN FOSS
4S FAIRWAY DR
RYE BEACH, NH 03871
MR WILLIAM FOX
8435 SHOREWAY DR
INDIANAPOLIS, IN 046240
MR J RICHARD FREEMAN
4 OLD BELLE MONT RD
CHESTERFIELD, MO 63017
STEPHEN FRENCH
7 WESCOTT LN
SOUTH BARRINGTON, IL 50810
WilLIAM FRITZ
P.O. BOX4654
OAK BROOK, IL 60522
MR JON FULLER
15031 HeRON LAKE CROSSING
FORT WAYNE, IN 46814
MR FRANK GALEANA
GALEANA AUTOMOTIVE GRP
14375 S TAMIAMITR
FT MYERS, FL 33912
MRS JERRY GALEANA
13323 ROSEWOOD LN
NAPLES. FL 34119
MR R WILLIAM GARDNER
5803 BALUNARD LN
CHARLOTTE, NC 26277
MR DAVID GARVIN
1l'l0NWOOD FARM
PO I30X 1590
BOWLING GREEN, KY 42102
MR WILLIS GILLETT
692 CLARISSA COURT
NAPERVILLE, IL 6054()
MR STEVEN GOLDSTONE
206 SILVER SPRING RO
RIDGEFIELO. CT 05877
SUSAN GRAUNKE
C/O LAKE CAPITAL
676 N, MICHIGAN f/:l900
CHICAGO. IL 60611
JAMES GROSS
350 S FIRST ST U 201
ST CHARLES,IL 60174
MR JOHN HAAG
3437 SROOKPOINT LANE
CUYAHOGA FALLS. OH 44223
Agenda Item No. 8A
February 23,2010
Page 113 of 189
Mil. JOHN KAIMBAUGH
ELEcTRONIC SALES & ENG
773S E BBTH ST
INDIANAPOLIS, IN 46250
JOHN HARDING
c/o JANE BUCKTHAL
1021 W STAFFORD DR
EAGLE. 10 83515
EDWIN HARRISON
462 FOREST LANE
WADSWORTH, OH 442Bl
Mil. JAMES HARTMAN
HORIZ.ONS PH 201 S
4731 BONITA BAY BLVD
BONITA SPRINGS, FL 34134
Mil. ROBERT HAYES
UNIT 1504
B960 SAY COLONY DR
NAPLES, FL 34108
MR, JAMES F.P. HAYHURST
180 PRINCETON SHORES BLVD
COLLINGWOOD
ONTARIO, LSY 5
Mil. FRANK HENRY
POBOX 10111
W'LKES BARRE, PA IB773
MR. BARRY HINDMAN
5003 DEER RIDGE CT
CARMEL, IN 48033
MR RA YMONO HIPP
1714 PERSIMMON DR
NAPLES, FL 34108
Mil. JAMES HOLDEN
1700 GALLEON DR
NAPLES. FL 34102
MR JOSEPH HOIJ'AES
7044 VERDE WAY
NAPLES, FL 34108
MR JOCHEN HOLY
RINGSEEWEG 7
0-83707 BAD WIESSEE
GERMANY,
MR DIETMAR HOPP
'1135 OORMIE DR
NAPLES. Fl. 34108
E- MICHAEL HOUS E
6447 LUPTON DR
DALLAS, TX 75225
MR ED HOWARD
BRENNAN & HOWARD INC
3030 W MARKET ST
AKRON, OH 44333
MR CRAIG HUDSON
FIDELlTDNE INC
'260 KARL CT
WAUCONDA, Il 60084
MR JAMES JAN05EK
J2TECHNOLOGY INC
2180W 114TH ST
CLEVELAND, DH 44102
MR FREDERICK JARVIS
B14 RUE DEVILLE
NAPLES, FL 34108
OR MILAN JELINEK
les TAArnNG AG
NEUHOfSTRASSE 12 CH6340
SW[TZERLAND,
MR THOMAS JOHNS
373 CARLTON PL
NAPLES, FL 34108
DR VINCeNT JOHNSON JR
B171 BAY COLONY DR 1403
NAPLES, FL 34108
Mil. DANIELJONES
450 ROSEMEADE LN
NAPLeS. Fl. ::3'105
MR LYNN JOSEPHSON
6561 AUTUMN WOODS BLVD
NAPLES, Fl 34109
Mil. AL JUOZAIT [S
15'22 FOREST AVE
RIVER FOREST. IL 60305
Mil. SONNY JURGENSEN
1479 EVANS FARM DR
MCLEAN. VA 22101
MR ECKHARD KAMMER.
BRACHTSTRASSEE 27
ESSEN 45133
GERMANY.
DR PAUL KARDON
UN[T 301
269 BAREFOOT BEACH BLVD
BONITA SPRINGS, FL 34134
DR KEITH KAUFMAN
305 LAKE POINTE DR
AKRON. OH 44333
JOHN KELLY
1110 CHESTNUT ST
CH'CAGO, IL 60622
MR DONALD KELLY
OP KELLY & ASSOCIATES
701 HARGER RD STE '90
OAKBROOK,IL 60521
Agenda Item No. 8A
February 23, 2010
Page 114 of 189
MRS BYRD KELLY
6330 COUNlY LINE RD
BURR RIDGE,IL 80521
ROBERT KENOST
APT #424
200 N ARLINGTON HEIGHTS R
ARLINGTON HEIGHTS, IL 60004
PATRICK KERRIGAN
110 ST EUST ACIUS LN
BONITA SPRINGS. FL 34134
DR GHASSAN KHAVYAT
780 RIDGECREST RD
AKROn.OH 44303
MIl JAMaS KILTS
ClOAYCO CO./PERS. ACCTG.
PO BOX 4:lS
SARATOGA SPRINGS, NY 12666
THOMAS KING
1S MULBERRY WALK
LONDON, UK sm B
MR KENNETH KINSEY
Rec DAlN RAUSCHER
221 THIRD AVE SE STE 550
CEDAR RAPIDS, IA 52401
PETER KlEIN
S THE CROSSING
PURCHASE, NY 10577
MR JOSEPH KOTlARZ
696 n GREEN SAY RD
LAKE FOREST, IL 60045
MR JOHN KROL
1001 GENERAL STEVENS DR
WEST CHESTER, PA 19382
MRT J KUKK
3560 GIN LN
NAPLES, FL 34102
MRS JUOY KUKK
3BBO GIN LN
NAPLES. Fl 34102
MR W'LlIAM LANGLEY
'.563 GORMICAN LN
nAPLES. FL 34110
MR GARONER I.ARNEO
PO BOX lB25
NAPLES, FL 3410S
RALPH LARSEN
UNIT 2202
8473 BAY COLONY DR
NAPLES, FL 34108
MR VINCENT LASPROGATA
4420 PRESERVE WAY
NAPLES. FL 34109
MR JAMES LEAHY
12749 S 74TH AVE
PALOS HEIGHTS. IL 60463
MR RON LEMMON
CANO PACKAGING CORP
600 W UNIVER51TY DR
ARUNGTON HTS. IL 60004
RICHARD LENNY
'020 E. HavelW/DOd Lane
Lake Forest, IL 60045
MR ERICH LETTL
PO BOX 112768
NAPLES, FL 34108
MR DAVID LIPMAN
1205 POCANTlCO LN
NAPLES, FL 34110
MR. ROLAnD UvnEY
945 Do;AN AIlE
HIGHLAnD PARK,IL 60035
MR STEPHEN LOCKWOOD
SJ LOCKWOOD & co
9 ATLAnTIC AVE
MARBLEHEAD. MA 0'945
MR FREO LOMBAR DO
1225 TIMBERGROVE RD
SHA VERTOWN. PA. 18708
MR GEORGE LORCH
1125 DORMIE DR NE
NAPLES. FL 34108
MR EOWARD LOrT
6440 STONEHA lIEN DR
OALLAS, TX 75254
DON MAGEE
MIDWAY BUILDING SERVICES
24'25 OEVON
ELK GROVE, IL s0007
M1CHAEl MAGEe
PRIME ELECTRIC CD INc
215 SOUTH ABEROEEN ST
CHICAGO. IL 60607
MR GARY MALLOY
UNIT 202
28608 SAN LUCAS LN
BONITA SPRINGS, FL 3<135
MR MALCOLM MALLOY III
2633 RICHARDSON DR APT7A
CHARLOTTE. Ne 26211
Agenda Item No. 8A
February 23, 2010
Page 115 of 189
MR JULIUS MARKS
LIBERTY L1NCOlN.MERCURY
941 MilWAUKEE AVE
lIBERTYVlLLE. fL 60048
MR JOHN MAROUS
2B THE TRilliUM
PITTSBURGH. PA 15238
MR JOE MARTIN JR
MARTIN SPROCKET & GEAR
PO BOX 91580
ARLINGTON. TX 76015
MR RICHARD MASLOW
HUNTSVILLE GOLF CLUB
30 HAYFIELD RD
SHAVERTOWN. PA 16706
THOMAS MASSEY
6445 MYSTIC GREENS #21 04
NAPLES, FL 34113
DR. PHILLIP MATHIAS
2240 PINE WOODS CIRCLE
NAPLES, Fl 34105
MARK MAYNARD
4575 CONCORD DR
FAIRVlEW PARK, OH 44126
ROBERT MCCARTHY, JR.
722 S. PARK AVE
HINSDALE, IL 60521
MR SAMUEL MCCULLOUGH
1100 CROSS KEYS RD
READING, PA 19605
MICHAel MCGAViCK
THE HIGHLANDS
SEATTLE, WA 90177
TERRENCE MCGLINN SR
PO BOX 6629
WYOMlsstNG. PA 19610
JOHN MCGLINN, II
124 JAFFREY
MALVERN, PA 19355
TERRANCE MCGLINN, JR.
1154 READING BLVD
WYOMISSING, PA 19610
MR JAMES MCGLOTHLIN
1005 GLENWAY AVE
BRISTOL. VA 24201
MR JAMES MCHUGH
24626 DIAMOND lAKE RD
lONG GROVE, Il 60047
MR JAMES MCHUGH
6556 OIAMOND LAKE RD
lONG GROVE, Il 90047
MR BARREN MCINTOSH
2819 EWING BEND DR
BOWLING GREEN. K'I 42103
MR RICHARD MOINTYRE
81 sEAGATE #001
NAPLES, Fl 34103
PAR JOHN MCNAMARA
1601 GULF SHORE BLVD N
NAPLES, Fl 34102
MR S PROSSER MELLON
RICHARD KMELlON & SONS
178 HUNTLAND DOWNS BOX K
UGONIER, PA 15658
MR KENNETH MEYER
100 EVERGREEN lANE
WINNETKA, Il 60093
MR ROBERT MEYERSON
-EIANTIS CORP
791 WYE RO
AKRON.OH 44333
MR. RICHARD MICHELSON
705 MERRIMAN RO
AKRON,OH 44303
DOUGLAS MILLER
2560 WOODRUFF CT
WESTIAKE.OH 44145
MR RICHARD MillER
78 WEDGEWOOD DR
MONTVillE, NJ 07045
MR TUlL MONSEES
1025 HUBBARD PLACE
WINNETKA, Il 60093
MR PHilliP MOORE
13 ARMADA
HILTON HEAD ISlAND, SC 29928
MR FRANCIS MORLEY
UNIT 401
7576 PELICAN BAY BLVD
NAPLES, Fl 34108
MR FRANK MOSIER
19520 FRAZIER OR
ROCKY' RIVER, OH 44116
THOMAS MURRAY
10BKRAMlDR
BURR RIDGE, IL 60527
Agenda Item No. SA
February 23,2010
Page 116 of 189
MRMHMYNHIER
145 CARIBBEAN CT
NAPLES, FL 34108
MR. RONALD NELSON
UNIT1C
156 N OAK PARK AVE
OAK PARK IL 60301
OR KLAUS NEUGEBAUER
73 PIENZENAUERSTRASSE
MUNICH 81925
GERMANY,
LT GEN JOHN NOWAl<(USAF, RET)
. 8143 N FRUITPORT RO
MARK NUGENT
60 TWIN OAK RD
SHORT HILLS. NJ 0'7078
MR PATRICKO'MEARA
ANN ARBOR RAILROAD
PO BOX3BO
HOWELL, Ml 48844
SPRING lAKE, Mf 49456
LESLIE O'NAN
C/O JULIE A. BURNS CPA PC
'2$ OTTAWA AVE Nw STE Z37
GRANO RAPIDS, MI 49503
JAY ORTLlP
4885 LAKES CLUB OR
WE8TERVILLE.OH 43082
MARTIN OSMOND
8501 GRENNAN WOODS
POWELL, OH 43065
JOHN PALMER
676 MERRIMAN RO
. AKRON, OH 44303
SEBASTIAN PALUMBO
ORANGE CRUSH, LLC
321 CENTER ST
HILLSIDE.IL 60162
MR CHARLES PARENTE
228 CHURCH RD
HARVEY'S LAKE, PA 16618
MR SCOTTY PATRICK
8575 DANBURY BlVD APT 204
NAPLES. FL 34120
ANDREW PICOIONE
26371 ROOKERY LAKE OR
BONITA SPRINGS, FL 34134
MR JOHN PICOTTE
PICOTTE COMPANIES
20 CORPORATE WOODS BLVD
ALBANY, NY 12211
MR GEORGE PIPER
3545 GORDON DR
NAPLES, FL 34102
MR HAROLD POLING
31 S MID VALLEY CTR ~278
CARMEL, CA 939Z3
JOHN POLLOCK
393S NEWOALE RD
CHEVY CHASE, MD 2061S
MR NICHOLAS PONTIKES
1Z30ALTGELO
CHICAGO. II. 50614
MR WILLIAM PONTIKES
1001 HOFFMAN LANE
RIVERWOOOS, IL 60015
MR JEFFREY POWELL
1309 Westview Ave.
Nashville, TN 37205
MR EUGENE PRITCHARD
3952 OEEP PASSAGEWAY
MR LAWRENCE PUGH
6919 GREENTREE OR
NAPLES. FL 34108
MR WILLIAM PUL TE
1222 OROHARD RIDGE RD
BLOOMFIELD, MI 46304
Naples, Fl 34109
MR CL YOE 0 U1NBY
13102 BALD CYPRESS LN
NAPLES, FL 34119
WILLIAM RAVElS
WM RAVElS REAL ESTATE
2525 POST RD
FAIRFIELD, CT 06800
MR RAYMOND RHATIGAN
3430 OYSTER SAY COURT
CINCINNATTI,OH 45244
MR. GREGORY RIGBY
, 50 WEBER BLVD N
NAPLES. FL 34120
JAMES RINGLER
1490 LAKE RO
LAKE FOREST, IL 60045
MR R06E.Ri ROBBINS
4634 S CfllPPING GLEN
BLOOMFIELD HILI.s, MI 48302
Agenda Item No. 8A
February 23, 2010
Page '17 of 189
MR WILLIAM ROBISON
26051 0 SPREY NEST CT
BONITA SPRINGS. FL 34'34
MR GEORGE RODOSKY
80S S GROVE AVE
BARRINGTON,IL 60010
MR JOHN ROGERS
15941 GLENISLE WAY
FT MYERS, FL 33912
e, EARL ROLANO
ROLAND MACHINERY co
PO BOX 2879
SPRINGFIELD.IL 62704
MR A JI\.Y ROSE
7637 MONTELLO RD
INDEPENDENCE, OH 44131
MR KELLY ROSE
8T ARCRAFT COR P
POBOX 1903
GOSHEN, IN 46527
MRALTONROSSJR
3000 NEW NATCHEZ TRACE
NASHVILLE. TN 3n,5
MR NORMAN RYA~
1679 PERSIMMON DR
NAPLES. FL 34109
MR DOUGLAS SARRAZlNE
TLK INDUSTRIES INC
PO BOX 567
DUNDEE.IL 60119
MR n;oMAS SAVAGE
3120 NE46TH 5T
FORT LAUDERDALE. FL 33308
MR ROLAND SCHAFRDTH
PIENZENAUERSTR '62
MUNICH DSI92S
GERMANY,
SHEPARD SCHEINBERG
4Wl MONTALVO CT
NAPLES. fL 34109
MR MARTIN SCHOTTENHEIMER
'9825-8 NORTH COVE RD
CORNELIUS, NC 2S031
JAMES SCOTT
285 LAKESIDE WAY
BOWLING GREEN, KY 42103
GREGORY SCURTO
222 WESTfiELD WAY
BARRINGTON HILLS, IL 60010
RUSSELL SCURTO
228 WESTFIELD WAY
BARRINGTON,IL 50010
MR THOMAS SHANTZ
3 BUCKTHORN LN
SAVANNAH, GA 3141 I
DAVID SHEPHERD
'0577 JUMPER LANE
CARMEL. IN 46032
MR D M'CHAEL SHERMAN
DAWSON CO
1340 DEPOT ST
CLEiVELAND. OJ-! "116
USA SIMPSON
B28 HASTINGS ST
PARK RIDGE. IL 60068
MR DAVID SIMPSON
3770 RUM ROW
NAPLES. Fl 34102
MR JOHN SLEVIN
730 N PROSPECT AVE
PARK RIDGE, IL 60088
MR EDWARO SMEOS
7575 PELICAN BAY BLVD UNI
NAPLES, FL 34108
MR ROOERT SMIGEL
2103 LANDS END
WESTLAKE,OH 44145
MR DANIEL SMITH
. 255 GREAT OAKS OR
WILMINGTON. NC 28405
MR DERRICK SMITH
SUITE 11 0
9130 GALLERIA CT
NAPLES, FL 34109
JAMES SOBOLESKI
3000 SCOTT ST,
DES PLAINES, IL SOOl8
MR ANTHONY SOFOS
1920 CRAYTON RD
NAPLES, FL 34102
MARK SOKOLlS
KOlE CONSTRUCTION
1235 NAPERVlllE. OR
ROMEOVILLf, IL 6044$
W1LUAM SOKOUS
13225 MAPLE AVE
LEMON'T, IL 60439
Agenda Item No. 8A
February 23, 2010
Page 118 of 189
MR ROBERT SOMERVILLE
12941 OAKVIEW CT
HOMER GLENN, IL 60491
MR GEORGE SOROONI
NEWBERRY ESTATE
644 MEADOWS
DALLAS, PA 16612
DON STEADMAN
ALL- TECH DECORATING CO
1227 NAPERVlLLE OR
ROMEOVll.l.E.IL 60445
MR WILLIAM STEERE JR
27471 HARBOR COVE CT
BONITA SPRINGS, FL 34134
MRS BETSY STEINBRINK
61 SEAGA TE OR UNIT 902
NAPLES, FL 34103
MR JOHN STEINHAUER
159 S MAIN ST UNIT 530
AKRON, DH 443CB
MR MICHAEL STEVENS
1 170 MASSEY ST
NAPLES. FL 34120
DONALD STRANG
260.40 FAWNWOOD CT
BONITA SPRINGS, Fl 34134
UNDSEY STULTS
54915 COLONIAL RIDGE OR
BRISTOL, IN 46507
MR G. RAY STULTS
17460 VALENTINE CT
BRISTOl., IN 46507
WILLIAM SUUlVAN
SUI.LIVAN & CO,
141 W JACKSON BL VO STE 3
CH'CAGO, IL 6OlI04
DANIEL SWIGLO
1 12 CAlLENWOLOE CT
EA TONTON, GA 31024
MR PAUL TAMRAZ
MOTOR WERKS
1475 BARRINGTON RD
BARRINGTON,IL 60010
OR M EUGENE TARDY JR
5St JACANA CIRCLE
NAPLES, FL 34105
MR LEE TENZER
81 SEAGATE DR APT 1903
NAPLES. Fl 34103
MR MICHAEL THOMAS
'020 E DUPONT RD
FT WAYNE, IN 46825
MRS. FIAMMETTA TONDURY
STEINORT 369
FL-9497 TRIESENBERC;;
LIECHTENSTEIN,
MR DAVE TOWELL
DAVE TOWELL CADILLAC INC
111 WMARKET ST
AKRON, DH 44303
MR NICHOLAS TRIC;;ONY
. 30 N DEVEREUX CT
A TLANT A, GA 30327
MR JOHN TUCKER
11 CHADWELL PL
MORRISTOWN, NJ 07960
MR WILLIAM VAN METER
420 Palm Circle East
NAPLES. FL 34102
MR JAMES VAN PELT
704 HEATHERY LANE
NAPLES, Fl 34108
DR DONAlD VINING
4115 CUTLASS LN
NAPLES, FL 34102
MR JOSEPH VOLANTI
191 BARRA LANE
INVERNESS,IL 60067
MRBRENTONWADSWORTK
WADSWORTH GOLF CONST
'3941 VAN DYKE RD
PLAINFIELD, IL 50544
MR. JOHNNY WEBB
25315TH AVE SOUTH
NAPLES, FL 34102
MR RONALD WEINBERG
HAWK CORP
200 PUBLIC sa STE lsaa
CLEVELAND, ON 44114
MR GERALD WELCH
28011 OSPREY NEST CT
MR C;;IFFORO WELLS
671 FAIRWAY TERRACE
NAPLES, FL 34103
MR LOUIS WE$TOL
2722 ASPEN COURT
GLENVIEW, IL =5
BONITA SPRINGS, fL 34121
Agenda Item No. 8A
February. 23, 2010
Page 119 of 189
MR GENE WINDFELDT
'09 FILIPE LN
BONITA SPRINGS, FL 34134
TOM W1NOFELDT
300 SEA GROVE LANE #, 02
NAPLES, FL 34110
MARK YAIIKE
B64 ROBINWOOD HILLS DR
AKRON, OH 44333
MR DENNIS ZACHO
311 E LOWES CREEK RD
EAU CLAIRE, WI 54701
OR CHARLES ZELLER
I850WHlTES RD STE3
KALAMAZOO, MI 4S00S
, .u..
'.
Agenda Item No, 8A
fi~~ary 23,2010
..' ..". . '; e 120 of 189
0008U
PAOEj
,..
III!II SEP 13 All So 08
RECORDED
186~
OR BOOK
. .0
~~ =:~Vh~~_~
aJ"l!...~ "q"l3,1!o'1... ~. C1au'C'lnt".lblo
_..~t3.,M DlflGHT E :0 tl'"son41 Propertl ria;
Itfr_~.....m~ . ,.,ClERJ\OfCIRCljITCOlIRT
INO---, a...n~ If ~VLJ:lrA.
IS'-AIIlw011lhu..PM~.: n.e.
Special Warranty Deed
'IblI1DdmrtDre, Made 'ibis 9 day of September. 1993 A.D.. Between
OFC or NAPLES, INC., a corporation existing under the laws of the
etate of FLORIDA
ofdlcCowllJ'oI' COLLIn SII,..,' Florida ,grantor, md
OLDE FLORIDA GOLoF CLUB, INC., a corporation existing under the
laws of the stat.e of FLORIDA
,,1ddIaJi&;3800 Airport-Pulling Rd., NAPLES, Florida 33942
o'~c..,of COLLIER. I Slnlot Florida ,grantee..
WJtoessetb dlltllleoV.rnox.fllfllllll'la-.ldmtlollOflflct....at ... - - - - - - - - - - -
o _ _ . _ _ o. - _ TEIJ "NO/'.O($'O.OO) 0 - - - - - - - - - l>OU.ARS,
...s.....pxt....'..hl&bIo~llIlimla GRANT01l: 1~.lIdpallS..,. 0llAHTE8, lbll_Ipt.~rllhetcb)'lCbDwltdpd.""
~,lIuplMdIlldJOldUlN:aa14 ORANTBI MIll GIAN'IBE'S ~..-I l.prOfSVW. IhefaVDwlDl.dlllllribcldlulll.
IihlMe.triI'II:l:Ild...,IadM:l:O'illllJor Collier SlaInI' 1l)Wft:
(LEGAL DESCRIPTION' CONTAINED IN EXHIBIT "A II ATTACHED HERETO AND
BY REFIlRENCE MADE A PART HI!RE
SUBJECT TO J
y govermnent.al
2. zonin
authorities I
3. Taxes
years,
all subsequl!nt
4.
time of
Toge,t:ber .,,1IIJ III WlC:JIIli'DU, hmliilalnBli lid
To Have and to Hold, IIIc _ ill .
And 1M ._lor IImby ~ wilb aid paaue 111I'I wllllly seiad ohald !Pld I~ reo slmpll; lhIl: IfllIlt9r lias
JOOddilKndlalVMJ1IlharitJlDKlllDllernw.raldlaad; dlDl sralltOThemlylllll1warnrns1be:I'*lllsafdlJnd Il'Id Ifl!
dehd 1bs _.,.1mI ti-bwtuI*lm:or dJ peDMS1lIIIm111& br.lhlOUSI111f1lJllk;rB~.
In WitIlesI 'Whereof, du! pudl:Ir hu bmlllllD at WI buI4.11d iel! IIIc dll}l IIlIf y.r filii Ibow. wrinm.
SI~ RIltd alld dElivered ID our prescac:t:: OFC OF NAPLES. IHe.
vokHd K ~t': BY'~. c:( a ,....
Printed Name: . TlJtlll"L/ CLYDE c. Q~INBY,f President
"~1~ I ,.o......'....I.......III"..........LllS,FL"...
Printed ame: !JlrleV tJA./.:JJIt/..t...
Witness #2
STATE OF FLORIDA
COUNTY OF COLLIER
ne~1nJaumaIlWlSll:knDwkdJedb~r-_lhb q dil)'ar
CLYDE C. QUINBY. President of OFC at NAPLES,
(Corporate
september,
INC.,
_FLORIDA
saal)
1993 b1
-.....
onbdldloflheClll'JUllltIan.fkb:~bMowalOme. h. I .LI1
IJ III Id
"'.D_......." ll/!o9/a.l K. JI1GIJllI'~
~ =.~BRP.VARNADOUf-BIIN'I'OK.P.A. Printed Name I '/Jli'YvtJJI .Ji!JIJdrgtJ
"7 801IJt,tlRIILOAKDUVB.SUIIZ YPUBLIC
NAI'UIS. PL 3396J4171 IBOIWI It. oIOlI)fIE'IItr 6lpU=
tn'_'COf7ll5ll OLOE FL-BANCFLA
D1W/I:.........
,.. -"" ._.'......~,!':.H....:-;.;l:l'.""'". Li
RZ-200S-AR-13951 REV: 1
OLOE FLORIDA GOLF CLUB
Project: 2008100005
Date: 11/5/08 DUE: 12/8/08
I~f;.,,;' _.
l/t~.~' . ...,' "l!k.:.. .e....bW..Wa.:r:ren.ty - . Daed -'. Pag' e 2
~ .;f.v.: ; _ .~.... ...zr:
,~<:,'"
.. .
i.'
.1
188'
OR BOOK
Agenda Item No. SA
_ruary 23,2010
"age 121 of 189
'C ..~"",c.,
. ~~l.:<.'"i:,:,\.w';.I.~. \ ,
_ ""z'~^
0008'1
'P~.
conveyance pertain1ng to .acce.. to, or the use of, the Phase I
Club FacUities or to membership in the Old.e Florida Golf ClUb,
5. AnY and all encumbrances or liens, easements,
dedicationll t agreements, 'licenses, restrictions, rights-of .way
and. other matters now applicable to the Phase t Real property or
hereafter granted, imposed, or suffered to be: plaoed upon such
p~oPertY by predecessors in title in connection with the use of
the Phase I Real property as recreational facilities;
6. AnY mortgage (9) that may encumber or be placed upon the
phase I Real Propert.y in connection with the aoquisition thereof
and/or the construction of the Phas. I Club Improvements
thereon,
1. Reservation of oil, gas and. mineral rights originally
reserved in thOBe certain Deeds recorded in Deed Book 3Q, page
91 and "Deed Book 41, page 2456, and conveyed to oleum
corporation, a Florida corporation in O.R. Book 160, page 11 and
O.R.. Book 160, page 391 all of t.he public Records of COllier
CoUnty, Florida.
8. Any lien of claim of lien for services, labor or
material which may take priority by reason of the Notice of
eonmenoement recorded. in O.R. Book 1824, page 1632, of the
Public Records of collier ori.da.
~y~R COU.,y
cP 'J'.p.
.'
\
~.
;;:.w"'r' -- _"f"",:,:"'_~"~NQr._"'-"-'
.......... .
r .
.-..
Agenda Item No. SA
.".,- .-" > ruary 23, 2010
ge 122 of 189
-t>
18U
WILSON, MILLER, BARTON & PE1llt\ 1lWJ.K
~PIulnen.B\IrW:J.,.,\.WtCrIlpIArdib:Ia.~CoOIllllUtI&~MMqen:
..............,cw....zo,1IlO...,l.Mt.~.....NapIlI,,,.,.,.:dN1. \IIJJMM\olIJN(lI.I)6lWfrt
DaulJKllm orOhl FIorkla 00" Club PhUlI
balli, a put otSce\loll :U, Tow_I,.. South.
ttaDp17I!uf.CoUIuCo\talJ.FJorId.a
AU that pat or StctkI1l31. TowlI1hIJ" SlIIIlh. Ranp 27 EaR, Collier CauIllJ'. Florida. bdll, mOltl
pankalalyd~. ronow.;
BSOINNJNO 111M SIHIlbWUI comer or ScGdlll Ji, TowNhlp 41: Sclltlb, Rup 27 East
lh....sonathtweetllllt.aJullI SeeIIoa31.Nol\hOI-oru'Wat 171.&Gf~
lheflce, luvIftI aM: WlUIbNOl1b U'SD'3fi' EutI2.7M kel;
dIIllClI NoM O"lI"Zr Easl312.23 _
.....1oultI 0'37'<<1" East IGU.'nl feer.
IheDce NDnb 12'31'39" Easl90.52: foeq,
Ih_NorlII704.,..'-44' Wcst43U4_
IIlencINordtIt'S9'3'.WelitS3I.G3ted.;;
IhIftCCl Nortb,.,.n'4r Wect324.00 feet;
*-Nld'IbD"'J7':WWtIt m.44 feet;
IIHIIM Norlh 06"r2r Will 271.30 feet;
Ibanco NOdJl SS'05l'12' Eul1615.W teet;
IbwI NoahD4'"W"I" WCIC 250JlD tlA;
lhGlCIlI Honh 0'5'1'.51" EIU 94DM l'cIl;
dIOfIllINfII1h21'4O'OP" EastSIO.oofla;
111... Nonb 32"24"3$' West UI,D tier,
lImlceNDrtJI07"23'OZ"W.118U2ftd;
'dtuctNotlb24"'3C1'IZ'Easl230.40lrcI;
... NonIl e)'O)'47" Ea5l71.1B r-.
Ibcnct Soulh 8)824'4" E1116U7 fen;
dleauSoadtO":as'20"IbstJ7U3fed;
1luceSoaUl156'4,S'S4" EattIO!.S7 f'elll;
th_S0ldII41'"1I"2.$"Easl58.nrceq
IhlllCllOldhot"23'WEasl 146.74 faeC:
1II1:ftCl1IloulllllG~I9.EutI61.9Slttt;
thalCllSDlSlllWIIJ'JO"!LStI69Sre.c;
tbence.SolI1b 65"47']5' EulIOlJ91Ut;
lhCl\ClS_61'''2!1'' EuI f60.73 [!
dltnCllSoalhSI"09'20"l!ast'l46.90
lhtllCltSolllhI1-or46"ElltI3S
tlnIIlClSouIIt05~0'2O"EastI .
Ih..SOIllb36'"22'I'"E:ut .3
lheJlClSIlIIIhOI"'lI'3D'W 193
tlaenctSOlldl20"43'S6"W 57 fc
tIlmce~nh8P"2I'53" 13 4f
IhweSDlllhOO"38'O'1"
lbtIlCtNortll87"40'OD" I
lhenceaJonrthewtl of AI
comer of HId Sealll. 3 I
lhlllCtaJoqlhDJOIldaI
otBeablnqoFlhtIp
tOJlIllnlnl 2.54.84acras more or
AlbJIlCt to werneIU IlId ratrl
belrllIISIt8 buedOlllb~ soulh
WILSON. Mtu..a(, BARTON '" P
By4.A:J...'Ocl!AA~ ~p
IV ~ltl C.I..IMure, Ir1: '4247
Not vaIfd lIDIus !mbosud wllh lilt ProfeulOllll!'s leIIL
W.O. 1517!
ReF: 4vl097 (KB:kJd)
DIte: Avausl27,tWj
BXHIB1'l "A"
-......
.:=.
FullmMWI16
_u""
tll>>m-101t
I'a;fll1)UPolVt
"-"
fM~=:a
"''''''''
IIm.....m
hl.1I1J16MoG1#
". ,~ '
":~, l' ;.,.
.,~ .,
..,.. ,'.'
:..,;.; 'i,'
"".;':-:';,~ '". .'.,,~"
.~'.' j..,
,.
0008H
P~B~
1letlltolQ.... Werlfl'"
,_Offlcld Je:...lISaf
COLLIER tGUIlTf. FlOIlIDl
DMtGllT f. littOo:. tl,(1l[
.~; ~';
'I'
J11221
Dmo((;:
PRIlPARED BY AND RETURN TO:
Doui Maret. Esq.
GUIIIt<<. Yook\ey. Valdes.FauU k Stowart, P.A.
PlIUlIpt Point. Sulto SIlO East
m SOUdI Flagler Drivo
POll otIk:o Box 4587
West Palm Beach. Florida 33402-4587
Agenda Item No. 8A
2221583 OR: 2343F~~~ttl1t~~g
__ II omcw. .... 01 COWII ~, "
It,I.m ot ";511I111. I. ... mil
ClIII IUMI."
DC ID IS."
... ,. un....
J
I
ParceIIDNo~
Grantee's~
llta:
...... 101B11 n a
m IIUAII n '5.
KWd~~~R7-299036
tm2119910R6 9948 P9 1418
I 1111....111111111 II all
Con 21250,000.00 00' lS.750.JO
SPECIAL WARRANTY mum
TIllS SPECIAL wARRANTY DEED Is made thIs'tQ..~y of August 1997, by OFC OF
NAPLES, INC., a Florida corporation ("Grantor"), 10 OLDE FLORIDA GOLF CLUB. INC., a
F10ricIa eorpor\llion ("Onmlee"), the mailing address of which is 9393 VlIIIClerbilt Road Ext., Naples,
Florida 34120.
That Grantor, for
good aod valuable coDSi
sells to Grantee all of
which is 11lOI'Cl particularl
DOLLARS ($10.00) and other
edged. grants, bargains and
ount)', Florida ("Premi.es"),
PART HEREOF.
00
orever, subjCll:t to all restrictions,
; tIIlC08 utd assessments for the year
GRANTOR does hereby covenant with Grantee that at the time of delivCl')' of this Deed the
Premises were f'tee from all encumbrances made by Grantor, and that Grantor will warrant and
defond the same against the lawful claims of all persons, claiming by, through or under Grantor, but
against none other.
Note: This document was erroneously
recorded in Palm Beach County, Florida
Agenda Item No. SA
February 23, 2010
Page 124 of 189
I
. .
.'
\JAB 9948?9 1419
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and the
year first above written.
Signed. scaled and delivered
in the prcscnc:c of:
~(jl ~
S~O~W~
~ te ofWill}\lSS
,~..--_I..:...')
SlguIUre of ?ncss :) -...,
TI..\LQ ~l!..J.-\.1; ')
Printed Name of Witness
OFC OF NAPLES, INC.. a Florida
corporation
By:
T
(CORPORATE SEAL)
State of Ohio
Col1llly of Sutton
'/~y of d...,,,.{ 1997, by
ri corporation, on behalf of the
as identification.
The foregoing'
Toomas J. Kukk. the Presi
corporation and who is _
".
~
..
-
c..a
-
c..a
'..:1. . C!
..
1 -
-
c.n
c..a
'onNo.
t
111M A VAllI .
.....,....... ....... - . .....
. . ....Qll.u._ """,.
:' "
216129.1
. . .
Agenda Item No. SA
February 23,2010 1
ORB 9948 p, 1420age1250f189
DOROTHY H, WI~' CLERK ?E WJNj'{, FL
,".
BXHIBIT"A"
Lepl Description
All of Section 31, Township 48 South, Range 27 East, less the East balf of the Northeast quarter
thereof, Collier County. Florida.
And Less:
AU "'" pitt or Sectloa JI, TO"Nbl, 41 Soulll, Ran.. 21 EIlI, Colli... Coont" Flo.Id.. bola. marl
panlcvlll" ,...tlbed IS folloWS;
IEOINNINO It lb. .o..u.west totner or SeellG.'I. 'rowNhlp 41 Sou1h, klftJ. 27 Eut:
lIIenee alolll"'. ..... U.. o".1d Secdoa JI, NonIt 0\'09'14' West 171.1S6I.et;
.......I...ln..oIcl _1IaO Norlb ""0'36' EIIt IZM' reet;
.......110111I n.II'17. East311.n feet;
lIIe... Soullo 13.)7'40" Easl10l4,79 r.et;
Ib_. NonIt 11'31'30' East 00.52 r....
Ib.... Nonh 74'34'44' WlIIIl39.14 reol:
Ib.... Notllo "''''36' Wilt 531,03 reel:
Ib....llonh 47'31'40' West 314.00 IRe
_HOIIlo20'17':\4'WMlI31. I~ 0'(/).,;
....... Nol1ll 06'47'21' WMl 1 ~ V '^
Ib.... Norlh lS'Of'I2' EasI' ~ . ~ '
Ib.... NonIt 01'31)'''' W -{'""
_ Nonh "'57'51'
_ lIon1122'40'G9'
_ Nonh 31'14'35" Ml 1.13 rIOt;
Ib.... II""" 01'23'01" '0
....... HonII24'30'IZ llasl 0 :
"""" Nonh 63'03'47 EasI I, rIOt
_SoadlfO'24'W 6,
_ Soadl4lt'U'2O" 11 ;
_ SoutII "'45'54' .57 reel;
__41'11'15' . r.... 0
_.SoIIdoOf'U'''' 4 feet: r~
"""" SolIdo llO"56'''' EasI v
lheoct So",""IO':IO" llasll , -i..^r
_SoadlIS~~'EastI~. ~ r~~
lb.... So..tUI'41'1'" Eastleo,73 ;( '!IE C~v
IbOMO S.... 51,"'20" East 14UO rcot; "
Ib.... Soodo 17'01'46" Easl135.159 r...;
Ib.net Sovlh 05'30'20" llasl174.19 reet;
Ib.... S..... 36'11' 19" EastIS,J9 r...;
lIIenet Soadl OI'2I'J9' W.. 19U' riel;
'b.... Soulb 20""'$6" W... 57.3. r...;
_ Nor1IIIt'2I'S3' East 132,49 r...;
lb.... SoudI 00')1'07' EasI fOO. n reet;
_Ilot1III1'40'OO' East 1319,77 feet to . pol.. on tho 01311/4 corllOf of said Sectloo 31;
Ib.... aIoIta llIt tall n.. of told Soetlo. 3\, Sooth OO'JP'13" Eul2611.53 foot to Iht ....llIoast
_oer of alll Sodlo. 51;
d1..... ??001 "'.....Ib 11oo..r..... SCC\loa 31. South I7"SS'J4' West 5136.01 reet to Ibe Point
of IIql...., oIlht paroeI bareln ......Ibed:
conl.1nlft1 254.14 .... _. or leu;
IUbjoct to .......11II "'" .....Icllool or .eco.d:
bwllll' are bued ..111. ....th II.. orhlcl Sectlo. JI, bolnl Soollll1'55'34' Wat.
.
-
~
..
-
c...a
-
c...a
~
..
"
::::
U'
-
..
..
..
"
Hi:CJn~'~;. -;. -..'.~ ~::';~I:':'iutdo'lJment
~~...... ::~'J i.~,ci1recelvcd.
-
Agenda Item No. SA
RZ-Z008-AR-139S1F~rl>t!Q! 43,2010
OLOe FLORIDA GOLF c~e~ 1215 of 189
Project: 2008100005
Date: 11/5/08 DUE: 12/8/08
OLDE FLORIDA GOLF CLUB
PROJECT NARRATIVE
The subject property is 553.67 acres and is designated Rural Fringe Mixed Use District (RFMU)
Neutral Land by the Future Land Use Element (FLUE) of the Growth Management Plan. The
property contains an 18-hole golf course and supporting facilities and open space. The property
also contains a conservation area in the northeast comer which contains approximately 51
acres of land and which will not change as a result of this application. It is the applicant's
intention to rezone the property from Golf Course to Agriculture.
Permitted uses as of right within the RFMU Neutral Land designation include agriculture, single-
family dwelling units and golf courses. The zoning on the property, however, is Golf Course,
which only allows for golf course, clubhouse, maintenance facilities and a caretaker's residence.
The proposed zoning of Agriculture allows for a broader range of uses and provides greater
flexibility for the land owner by allowing agriculture, golf course and single-family dwelling units
by right, in accordance with the FLUE and the Land Development Code.
No development plans have been made at this time. The owner of the property, Olde Florida
Golf Club, Inc., simply wishes to increase the flexibility of uses on the land. In assessing the
traffic impacts, county transportation staff requested that the most intense of the potential land
uses be analyzed, which they determined was a maximum of 110 single-family dwelling units.
All the "by right" uses in the RFMU Neutral Land designation which are allowed in the
Agricultural zoning district have been assessed for their consistency with the existing land use
pattern in the area and their potential effects on adjacent properties. The evaluation criteria in
the Application for Public Hearing demonstrates that the range of potential "by right" uses are
consistent and will not negatively impact adjacent properties,
If and when the land owner moves forward with a development plan, a plat or site development
plan (SOP) approval would be required prior to breaking ground. An additional traffic impact
statement would be required to analyze the impact of the proposed uses on the surrounding
roadways. During the process of obtaining the plat or SOP approval the additional native
vegetation preserve location(s) would be identified. According to the Conservation and Coastal
Management Element of the Growth Management Plan, RFMU Neutral Lands are required to
preserve 60% of the existing native vegetation, not to exceed 45% of the total site area.
On April 28, 2008 the applicant met with County Comprehensive Planning staff to discuss the
best course of action to achieve greater flexibility on the site and gain access to the uses by
right in the RFMU Neutral Land. Staff agreed that a rezone from Golf Course to Agriculture
would be necessary. Staff also confirmed that the existing golf course would not be required to
meet the Audubon criteria listed in the RFMU section of the Growth Management Plan because
a) the golf course was designed and built prior to the RFMU standards being adopted, and b)
the golf course voluntarily participates in the Audubon Cooperative Sanctuary Program, which is
the only Audubon program in which existing golf courses may participate.
1llf11112OO1.207235.Vcr. 1.BGAeRIEl
NOW7-01s.oo1.F'ZON_3~
COLLIER COUNTY GOVERNME/':IT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Ag~nda Item No. 8A
2800 NORTH HORSESH~~R!W~23, 2010
NAPLES, FLORIDA 34104Page 127 of 189
(239) 403-2400 FAX (239) 643-6968
RZ_2008.AR.13951 REV: 1
OLOE FLORIDA GOLF ,CLUB
Project: 2008100005 2.{8/08
/ DUE: 1
Date: 11/5 08
REZONE - STANDARD
PRE-APPLICATION MEETING NOTES
Date:~Time: a:30
Project Name: OLDE: t=LO~ 1r::>P\
Applicant Name: S~
Owner Name:
Owner Address:
Assigned Planner: ~~5>e.1lUIYi
Meeting Attendees: (attach Sign In Sheet)
.
Firm;:Broohz.. ~ -lD,lsbn Htl!tr
&DLF C.L1H3
Phone:
Phone:
Meeting Notes
et1fi(e.., Golf.
I' i
V ra.; lG Sre- I a. '--
cW-S e cLuJe..lOf' M.eM.r QVlc..O(Ar<:Q.~ce
~L',*l;
N\.. . \l'O 0\l\.s
E~~Sl(:)" ~ OM.rbtlt w.! eM,phc.c;lc:;. &t'\ qSI
.
lM::h~r <pchail
f\.ot be- ~l It W/lVo...
v.,j ,tl
PLANNER MARK IF NEED D TO BE ROUTED TO REVIEWERS BELOW:
C t h Id b f d d t th PI . t th d d t
ommen S S OU e orwar e 0 e anner Dflor 0 e ue ae .
SCHOOL DISTRICT K PARKS & REC Afflal'lEla Te'l.'fl5eml &rn./ William$' X
SUPERVISOR OF ELECTIONS K IMMOKALEE WATER/SEWER DISTRICT
DR/EM1 - EMER. MGMT - Jim v.. UTILITIES ENGINEERING - Zamira Deltoro X
Von Rintein
CITY OF NAPLES, Robin Singer, CDES Coordinator -Route Sheet only
Plannina Director
SA YSHORElGATEWA Y TRIANGLE REDEVELOPMENT
Executive Director
REZONE - STANDARD
(RZ) APPLICATION
SUBMITTAL CHECKLIST
^ .-1. I~ "r......
February 23, 2010
Page 128 of 189
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED
BELOW W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTE. INCOMPLETE SUMBmALS WILL NOT BE ACCEPTED.
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
Additional set if located in the Bayshore/Gateway Triangle
Redevelopment Area or within Y.l of Citv of NaDles I
Completed Application (download from website for current form) 20 ........
Pre-ADDlication meeting notes 20 ........
Prolect Narrative 20 .-
Deeds/Legol's 2 .........
List identifying Owner & all parties of corporation 2 V-
Owner / Aaent Affidavit sianed & notarized 2 ,....
Completed Addressing Checklist (,1lt>1'Y\b1"t,. r....._ ,,\d. , 2 V ~
Environmental Impact Statement (EIS) ~ or exemption justification 2 V
Digital/electronic copy of EIS I V
Historical Surveyor waiver request 4 V
Utility Provisions Statement s 4 V
Survey, signed & sealed r no IYIQ~~ I . ~l..lJ 4 V/
Traffic ImDact Statement (TIS) or waiver (with applicable fees) 7 V
Copy of Trofflc Impoct Statement (TIS) on CDROM 3 V
Aerial photographs (taken within the previous 12 monfhs min. scaled ./
1 "=200'), showingFLUCCS Codes, leaend and proiect boundary 5
Electronic copy of all documents and plans (CDRom or Diskette) 1 V
Site Plans 20 V"
If located in RFMU (Rural Frinae Mixed Use) Receivina Land Areas
Applicant must contact Mr. Gerry J. Lacavera, State of Florida
Division of Forestry @ 239-690-3500 for informatjon regarding
''Wildfire Mitigation & Prevention Plan", LDC Section 2.03.08.A.2.a,(b)i.c.
J~s'
Application Fee: $6,000 + $25 per acre (or fraction thereof)
. de-Re-tlew-
$750.00 Comprehensive Planning Consistency Review
$500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-
application meeting shall not be credited towards application fees and a new pre-application meeting
will be required).
$2:>uu.oo 61vhunmentallmpu(;! 3lult:llltml aH;\;VY rCI:: .j
$1000.00 Listed or Protected Species survey review fee (when an EIS is not required)
$760.00 legal Advertising costs for CCPC meeting
$363.00 legal Advertising costs for BCC meeting
(To be reconciled upon receipt of invoice from Naples Daily News)
~r
Please attach SeDarate Check for Transportation Fees, (Refer to Exhibit A):
3' $500.00 Methodology Review Fee, if required (F'eS. A~~1>7
"Additional Fees to be determined at Methodology Meeting
1\.e.c....1;::> .BI -rE.6,,...u~r~~"""t'TleoJ
ON 9!zo/Dl3
Fee T ola' $
\ ~
'!4ppJk6n/! Agen/ Signature
-----------
-
---
--- ~
-
Date
PUBLIC PARTICIPATION REQUIREMENTS
LOC 10.03.05 F.1.
Agenda Item No. SA
February 23, 2010
Page 129 of 189
Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff
review and comment on the application and before the Public Hearing is scheduled with the Planning
Commission.
Written notice of the meeting shall be sent to all property owners who are required to receive legal
notification from the County pursuant to Section 10.03.05.B.B.
Notification shall also be sent to property owners, condominium and civic associations whose members
are impacted by the proposed land use change and who have formally requested the County to be
notified.
A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be
furnished to the Zoning Department and the Office of the Board of County Commissioners no less than
ten (1 0) days prior to the scheduled date of the NIM.
The applicant must make arrangements for the location of the meeting. The locafion must be
reasonably convenienf to those property owners who are required to receive notice and the facilities
must be of sufficient size to accommodate expected attendance.
The applicant must place an advertisement of the meeting In that portion of the newspaper where
legal .notlces and classified advertisements appear stating the purpose, location, time of the meeting
and legible site location map of the property for which the zoning change is being requested. The
display advertisement must be one-fourth page, in type no smaller than 12 point and must be placed
within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner
than five (5) days before, the NIM.
The Collier County staff planner assigned to the project must attend the NIM and shall serve as the
facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends
to develop the subject property.
The applicant is required to audio or video tape the proceedings of the meeting and provide a copy
to the Zoning Department.
. As a result of mandated meetings with the public, any commitments made by the applicant shall be
reduced to writing and made a part of the record of the proceedings provided to the Zoning
Department. These written commitments will be made a part of the staff report of the County's review
and approval boclies and made a part of the consideration for inclusion in the conditions of approval.
-
la
au
~
Q
CI
<C
...
~ <
1II ~
00 os:
1II 'it
llol:
- ~
C
1II ~
E
a..
0
l ~ '-' No.
- au
1II 1II lIlI ""
Q c :e ).~
"tJ > ::3
C 0 Z ~~
tI au
.... Z
. O/S 0 .
lE--i :r ,') ~
tI) ....
c G! -.)
'2
0
~a N
....
0
= ,.' c{} -
c :e
&~ 1II
::? E '"'
~~ :.J 1: ii: ::> ~
8- ...
0
~Z 1II ...
Q Ii.. ~
au
'" 0
"- at
~.. . Z
-<""'" ~ 0 ~
f~ - Vi :J
0 00 ;;: N
~ E :E Q .J () .J .....~
0 CD I I.l as
w ~
cD -
CD \l)~ ;;
II) z (I)
::3 '- uJ "'
CD .S;
Q 0 ... , i!!
u D ~ ~
yo
:::: 0
<::[ ~ ~<3()r 0
"0
- -of
(j (') ~
0- ')I
~ N 0
I -
OC (') . I ..
- ~ (I)
3 N .c
0: I "'
0- ,",
LLI (') c:
1LtE z N 0>
'..
Z au ."
<( .. :e (I)
<C 1II '"
Z .... ..Q <C 'S;
a.. E z ~
... Q
Ullrl :3 a.
w Z a.
03 z 'l'
C> 1II i!!
...Jg: c 0..
Vi 0 :?
0 VI ..c u.
<( c..
:>
s
~
~
'\:j
~
I!,
I il I
m (~.~
Q
Q
<( ::
-12
~ ~ ~
di ) ":~
r r
~
IZ
W
~ ~ ~
~ ~~
.it ~
~ Ii
~::I~
~::: ~
~ 01 ~
z ,
::l
0 I~
v
.c; 2
-
-
w I~ 1
:e: :; ;
<C IU '
z ~
!
I~ "
-'--
~
1
-
~
,,:
e
N
'2
!!?
a>
-0
Q)
'"
.>
e
-
"
o
"
..
o
~
'"
~
1
il
.c
'"
.5
c:
'"
.;;;
~
:;
~
8. .-
0..
'"
~
"-
5
u.:
Olde Florida GolrClub Summary
DeselemKay
Agenda ItBftgI\ld. Gi,l
February 23,2010
Page 132 of 189
From: Brooke Gabrielsen [BrookeGabrielsen@Wilsonmiller.com)
Sent: Thursday, September 11, 2008 12:07 PM
To: DeselemKay
Cc: Margaret Perry; John Passidomo
Subject: Dlde Florida Golf Club Summary
Kay,
We have a pre-application meeting set up for 2:30 p.m. on Tuesday, September 30 for a rezone from Golf Course to
Agriculture for the Dlde Florida Golf Club property, The property was zoned to Golf Course (GC) in 1991. Since that time
one 18-hole course has been constructed and is in use, and the club has decided to rezone the entire site and to use the
RFMUD standards for development. Golf Courses and single-family dwelling units are allowed by right in the neutral
designated areas. In order to do so, we are requesting a rezone of the property from Golf Course (which does not allow
for single-family development) to Agriculture, which allows for both golf courses and single-family residential per the
RFMUD. .
We met with David Weeks and Corby Schmitt on April 28, 2008 and they informed us that this was the proper course of
action. Please let me know if you have any questions or concerns prior to our pre-application meeling.
Thank you,
Brooke C. Gabrielsen
Planner
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
239.649-4040 ex!. 7107
WilsonMi/ler.com
Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review, use,
disclosure or distribution is prohibited.
9/29/2008
00
0
0
l::!
, "
0 ~
I a;
,
Cl 'll ~
III ':; t .....
0. 0
3 ~ ~i8 0
c 0 ~ 0
. :g!J w 0_ lI'>
" 0 Cl C'l
5 ",<cn:: j
5' _0 ~ NOO '0
.. :l oCl "'-:z Q. 0
'" ;; 0 g lI'>
;; .. Cl;~ ...n::_
!!. E:!. So ];- ~ c;;go I; 00
. " 0 NO:: clLffl I t-
o .. ~ " " 00 lI'>
. " " .. " .. ogo 0
.. 1lI 1lI 0...1
" U .... i "0- e ""
. :ii 3 . = ~ ~w .e- 10 ~ i
~ .. ;; ~ ~~ :~J~~
" ; j ;; ;; II
: ~ .. .. u ~
:z.. I 00. I
00 O'iiQ.m
&~~ n~~~ 0 ~
0
"
" ~
~
.!2
.E
. l!..
...
~ "
b. 1a-
" 0.
i ~
~
~ ~
8 .
.~ u
n lZl
'~":l
j
-=.E
8'~
'61; lL
~ - ~
o.m
2; .-
...
'll~ 0
~'" ~
e II
eJ! "
8J! ';::l
o. '.;::l
-" c-.
:.. a
.~5
e~
o..!2 gj
~ ....
i .s
0. lS.
e ~
..
...
0
" P-
o
u <<:l
~ ]
~
"0
u Q)
. ~
5
.,
~ 0
c>
~ '-'
"
.~ "
it "'
'03
~ lS.
~ 1a-
"
e ~
Q. :=l
...
" 0
" -~
0
u
t .
~ ri
"
. u
~
. g :::::
~ l'l a.
~ ,g
. @
)etaiIs
Property Record
IrSk;t~hes - ]rY;i;;'N.;~;~1
~
Parcel No.1 00219400103
...,-......-..-"".-
u
Current Ownership
Property Addressll9405 VANDERBILT BEAC RD
OWner Name OLDE FLORlOA GOLF CLUB INC
Addresses 9393 VANDERBILT BEACH ROAD EXT
City toIAPLES State FL
Lelial 31 48 27 PROPOSED OLD FLORIDA
GOLF CLUB PHASE I OESC IN OR
1864 PG B40
Section Township Range Acres
31 48 27 264.94
Sub No, 100 ACREAGE HEADER
""'fI Use Coda 38 IMPROVED COMMERCIAL
2008 Preliminary Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 3,664,406.00
(+) Improved Value $ 2,196,800.00
(=) Just Value $ 5,860,206.00
'.) SOH ExemplValue $ 0.00
(=) Assessed Value $ 5,860,206,00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 5,860,206.00
SOH = "Save Our Homes" exempt value due to cap on assessment increases.
Date ~
09/1993 II
The Information is Updated Weekly.
'/)v"iS \ :Jj,
i
//( (}.c/
Map No.
3C31
11 Mlllao. Area
132
Agenda Item 1I?1Jg!tA1 of I
February 23,2010
Page 134 of 189
~
Zip 34120.1715
strap No.
482731 007.0003C31
""'fI M!IIJ!rm
11.065
Latest Sales History
Book. Page
1.8.il'1.s4ll
http://www.collierappraiser.comlRecordDetail.asp?Map=No&FolioID=OOOOO00219400103
I
U
Amount I
$1,974,000.00 I
9/29/2008
Collier <4unty Zoning Map Viewer
COLLIER COUNTY ZONING VIEWER
Page 1 of!
Agenda Item N""o. 8A
Page 135 of 189
Enter Parcel Folio Number:
Enter Address:
8~.
ffI fZl Address Points
8 0 Coastal Construction!
8 0 Coastal Construction (
8 0 Major Roads
- <all other values>
NAME
- 1111HAVEN
-151HSTN
-ISTSTS
-5THAVES
'(
~
00219400103
Naples
^
~~O':l><?~CD
v
)-
c
'z.o.l1~~.:. ~..
.~<:>'l;ti.n!\p'e~!.i()_D:s.: .... .
,
httn-ffo;Q ~nl1;p"(,Jr\'\1 np,t!'(xrp.'hdtp/7nn;nm,;pu7p,./f'l",f'Anlt gl:!t"IV
I Zoom to Parcel
I Zoom to Address
Selection Color
qSlack @)Aq~~()Gra~n OBurgandy
. ;~~." ~ .
..
(':7'....
,
.
.
TT.;;
.
"
''''
"
==:tll '-'..
~:..:.
m
u .':
~
.
.
~r.nu .
Q/?Q/?()()l!
COLLIER COUmY GOVERNMJaNT
AOIJRESSING DEPARTMENT
(i)
To'92525724 eJenda Itelli'l.I!il038A
. F~~~2jl, 2010
IP~~
.2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
Plesse QOITlplele lh& following and fal( 10 the AddressinQ Department at 239-252.5724 or !ubmit In pmOll to the
Addressing lJepartn'ienl at tM above addrass. . Form musl beo sinnad bv Addresslno personne' Drier 10 Or'C-ElDGllcaf/gn
meel/no, Dlaase allow 3 davs for DI'llC8Salna,
N<:It all llama Will apply to every proJect. Items lit bold type are requirea, Fol'ms older than G monlhs wfIJ require
Eldditlonnl ~ew Illnd approve' by /he AddreS3lng Daparlment.
PETmON TYpe (check prtlftlon type below, >:omplete II separtlte Addressing Checklist for eaCh Petition Type)
o BL (Blasl/ng Parmlt)
[3 BD (float Dock EKlenslon)
CarnivaJlClrOl.ls Permit
OU (Comllllonal Veil)
B EX? (ExcsvaUon PelTT1tt)
Fp (Final Plat
o llA (1,01 Line A<:l)Ustrncnl)
o "NC (Projeol Name Chang..)
o ppL (Plans 11 Plat Review)
8 PSI' (Preliminary SLll>alVlslon Plat)
PUD~e
~ RZ (standard Rezone)
B SOP (Site DeVelopment Plan)
SOPA (SOl" Amendment)
o SOI'l (InSUbstantial Change to SOP)
o $lP (Site Improvament Plan)'
o SIPI (Insubstantial Change to SIP)
o SNR (Slreet Name Change)
o SNC (Slreel Name Change - Unplatted)
8 TOR (Trl'lnsfer of Development RiglTt.q)
VA (Varianr.e)
8 VR/'> (Vegetatlon Removal Permit)
VRSFp (Vegetatil>n Removal & S~e All Permit)
o OTHER
lEGAl DescRIPTION of subJl>Ct property or properties (oaPY of lengthy description mey be ~t18ched)
ALL OF SeCTION 31, TOWNSHIF' 48 SOUTH, RANGE 27 E:AST LESS THE EAST 112 OF THE
NORTHEAST 1/4, COLLIER COUNTY, FLORIDA;. - fO-lcJs I ~ 1
FOUO (Property 10) ~UMBER{s) of above (attach to, or 8$$oclata willi. legG! dOSCliptiorr if mOn/ th/ill/ one)
00219400103,0021916003
STREET ADDRESS or ADDRESSES (as apPlicable, If all'8ady assigned)
10195 VANDERBILT BEACH RO
. L.OCATION MAp must 0.. attac~ Showing exact lOcal/on Of projecllsite in relation to n{\l\n/s! publio road right-of-way
. SURVEY (copy - neeeled Only fur unplatted prOPerl/as)
PROPOSED PROJECT NAME (ifapPlictJble)
N/A
PROPOS8D STREI:T NAMES (if appllceble)
N/A
SITE OeVELOPMENT PLAN NUMBER (for exlsling projaoWsftes only)
SOP orAR#
Page I of'!
Tc:92525724
Agenda It!ll'll~ 8A
February 23, 2010
Page 137 of 189
AOORE:SSIN(; CHecKLIST. PAGe TWO
Project or developtnent Mrnes proposed for, or elready appt.!arlng In, condominium clocurnGtnts (If eppllc:atlOlli indloela
whether proposed or exlsllng)
Please OhlOok One: I25J Checklfst is to be Faxed back
o Personally Picked Up
APPLICANT NAME: BROOKE GABRIELSEN, FOR OlDE: FLORIDA GOLF CLUB
PHONE 239.649.4040 FAX 239.643,5716
Signature on Addressing Checklist does not constItute Project and/or Street Name approval and is
subiect to further review by the Addressing Department.
FOR STAFF USE ONLY
Primary NumbeT 4- f.97 &
Address Number_ '3 'tOq.(o'b
AddTes~ Number
Address Numbor
Approved bYljl/1..,~ /YLoxa.--,
tJpda\er;! by:
Dete: Ol!-IS-o'if
Dorte:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
G:\C"mmMpPIlOOHcn F""""\Add~slng Ci'etkJiOlrov JUllOO8.do.
'P"9920f2
Margaret Perty,
Agenda Item No. 8A
February 23, 2010
Page 138 of 189
Baseq on FlVE provisions For golF COUtses In the RFMVD, requirements speciFy they shall be qesigne4, constructe4 anq manageq In
aa:orqance with Auqubon's Sig".tu~ program.
The Olqe Flotiqa GolF COUtse however. was qeslgneq anq constructeq ~ the RFMVD was createq an<! ~ Auqubon Srg"'Itll~
program cettlAcation was requlreq, Auqubon's Sig".tll~program Is available only to newly propose4 prolects, Incluqing golF
COUtses in the qeslgn or qevelopment stages, Auq"bon's Cooperative S."ct".'YProgram (ACSp) is.the alternative program
available to existing golF CO"tSeslike Olqe Floriqa,
Both the srg".tuteanq the "'''ct'''''Yprograms a..e characterizeq as equCfltio" .,,4 certif/"<4ticm programs, anq the two embrace
slgniAcantly similar lanq management anq natural reSOUtee conservation practices. Both incluqe comprehensive management
programs, Primaty qlfterences between the two programs involve not the lanq management or consetvatlon practices themselves,
but whether verification of ongoing prog,am participation anq compliance ate conqucteq with on-site Auqubon-cettIAe4 visits or
by submitting qocumentation to ALlqubon Internatlonal- anq the assoclateq costs For qolng so,
With these qistlnctions In mlnq, your rezone li-om GC to A shoulq not bring about consistency Issues li-om staff I'elateq to the golF
COUtse itselF. However, Anal qetermlnation of GMp consistency is maqe by the BCC qurlng the rezone process, not stalf.
Inltlallnqulty,
Bill Followeq up with the <litector of golF operations at Olqe Flotiqa regarqlng the Auqubon classlAcation For the COUtse. Olqe
Floriqa is enrolleq in the "Auqubon Cooperative Sanctuaty Program." The attachment explains the qilterence in the programs For
your InFolmatlon, Olqe Flotlqa has maintaineq this status since 1995 anq the requiteq renewal repotts have been submlfteq anq
accepteq, along with the annual ques paiq. In orqerto be in the Signature program, It Is necessaty to stal-t the process quring COUtSe
qesign anq construction. For obvious reasons, OFCC can't be expecteq to reconstruct the course, anq because they voluntarily
sought, achieve4. anq malntalneq their "sanctuaty" status, I believe the Intent oFthe RFN\VD has been met. Anq keep in mlnq that
the "sanctuaty" status Fo, OFGC p,e-exisieq the RFMVD stanqa,qs.
Just want to gel you, conA,mation that this will not be a ptoblem IF the p,operty owne' goes Forwa,q with a rezone li-om GC to
Ag.
Agenda Item No. 8A
February 23, 2010
Page 139 of 189
DeselemKay
Subject:
Location:
Pre-App RZ; Brooke Gabrielsen, Agent; Kay Deselem, Planner
Conference Room C
Recurrence:
Tue 9130/2006 2:30 PM
Tue 9130/2006 3:30 PM
(none)
Accepted
Start:
End:
Meeting Status:
Required Attendees:
DeselemKay; DarcoChrislopher; BrookeGabrielsen@wtlsonmiller.com; abbott_a;
AblerKenneth; AuclairClaudine; beard_~ BuchheilDavid; CallisCraig; CasalanguidaNick;
chrzanowskLs; DeltoroZamira; GustTaliana; jarrelLP; SawyerMichael; muller_r; .
PodczerwinskyJohn; riley.J1l; Trinity.CaudilI-Scott; weeks_d; wiley_r
Meeting Request Number: 4805
Meeting Type: preapplication
Requested By: Brooke Gabrielsen on 02-Sep-08
Phone: 649-4040 eMail: BrookeGabrielsen@wilsonmiller.com
Representing: Olde Florida Golf Club
Folio: 00219400103
Zoning: Golf Course
Subj ect Type: Rezone
Location: 10195 Vanderbilt Beach Road Ext.
Description: This request is for a pre-application meeting to be arranged for a rezone from Golf Course to Agriculture,
1-
1
Agenda Item No. 8A
Februa 23 2010
RZ_200S-AR-13951 REV: 1
OLOE FLORIDA GOLF CLUB
Project: 200S100005 DUE' 12/S/08
Date: 11/5/0S .
OLDE FLORIDA GOLF CLUB
LISTED SPECIES SURVEY REPORT
Prepared For:
Olde Florida Golf Club
9393 Vanderbilt Beach Road Extension
Naples, Florida 34120
Prepared By:
WilsonMiller, Inc.
3200 Bailey Lane, Suite # 200
Naples, Florida 34105
OCTOBER 15,2008
1Qf1312OOll.20682B.Ver.2.TKING
N0107..o1$.oD1-f>ZON_3252S
1.
2.
2.1.
2.2.
3.
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
4.
4.1.
4.2.
5.
Agenda Item No. SA
February 23,2010
Page 141 of 189
TABLE OF CONTENTS
IN T ROD U C T ION ....................................................... 1
VEGETATION SURVEY AND LISTED PLANT SPECIES ........1
Vegetation Survey/Mapping Methoclology........ ..... .,.......... ....,.......... ...... .... ...................... .... 1
FLUCCS Categories Documented On site .......................................,..,...............................2
LISTED SPECIES SURVEY AND RESULTS.......................3
Survey Methodology....... .............................. .............. ................ ....................... .............. ..... 3
Listed Plant Species Documented Onshe............................................................................4
Listed Plant Species That Could Potentially Occur Onsite But Were Not Observed........... 5
Listed Wildlife Species Documented Onshe ........................................................................ 6
Listed Wildlife Species That Could Potentially Occur Onshe But Were Not Observed ....... 6
Non.listed Species Documented Onsite (General Wildlife Observations)........................... 7
SUM MAR Y . . .. . .. . . . . . . . . . . . . . . . .. . . . .. , .. .. . . . .. .. . .. . . .. . . .. . . .. . , . . . .. 8
Listed Plants.... ..... ..................... ......... ......... ....... ............. .............. ...... ................... ..... ......... 8
Listed Wildlife....... ............ ...................... ............ ................. ................ ..... ..... ........... ..... ....... 8
REF ERE N C E S .........., . .... . . . ... .. . . . .. ... ... .. .. . . . ... .. ... .. . . . .. . . 9
.-
Tables
Table 1 - Listed Vegetation Species Survey.......................................................................................... 4
Table 2 - Listed plant species observed................................................................................................ 5
Table 3 - Listed plant species that could potentially occur but were not observed ...............................5
Table 4 _ Listed wildlife species that could potentially occur but were riot observed............................. 7
Table 5 - List of non-listed wildlife species observed ............................................................................ 7
10f1312OO8"1l06B28.Ver;2.TKl~
NDl07.Q1r..oo, . PZON. 32525
Agenda Item No. 8A
February 23,2010
Page 142 of 1fl9
Olde Rorida Golf Club
Usted Species Survey Report
1. INTRODUCTION
The Olde Florida Golf Club project site encompasses approximately 552:1: acres and is located in
Section 31, Township 48 South, Range 27 East, Collier County, Florida. A private 18-hole golf
course with club house and maintenance facility has been constructed on a portion of the site.
The property is bordered on the north by Calusa Pines Golf Club and undeveloped lands, on the
east by undeveloped lands, on the south by the Cypress Canal and Golden Gate Estates, and on
the west by Golf Club of the Everglades. The property is located in a rapidly developing region of
Collier County. A Location Map, showing the approximate location of the subject property is
included with this report as Exhibit A.
Wilson Miller Certified Senior Ecologist Craig Schmitller and Certified Ecologist Justin Styer
conducted a listed species survey of the project site using field methodology guidelines largely
consistent with those established by both the Rorida Fish and Wildlife Conservation Commission
(FWC) and Collier County Environmental Service Department. This survey included mapping the
major vegetative habitats and performing meandering pedestrian transects searching for listed
plant and wildlife species utilization of the subject property. In addition to the listed species survey,
the ecologists also recorded notes regarding general wildlife observations which are presented in
Table 5 of this report.
2. VEGETATION SURVEY AND LISTED PLANT SPECIES
2.1. Vegetation Survey/Mapping Methodology
The dominant plant communities and land uses within the project limits were mapped by
WilsonMiller ecologists utilizing field assessment methods. Vegetation mapping was
performed utilizing color aerial photographs and ground-truthing of the project site. A
detailed analysis of vegetative structure and composition of each habitat was performed
during the site visits. The vegetative associations and land uses were classified in general
accordance with the Department of Transportation's Florida Land Use, Cover and Forms
Classification System (FLUCCS) manual, January 1999 edition. Refer to the included
FlUCCS Map for the vegetative community types found on the site (Exhibit B).
The primary factor contributing to alteration of native vegetative communities on the site is
a change in site hydrology. With this change, opportunistic plant species (Le. exotic and/or
nuisance species) may establish and further negatively impact the native plant community.
Natural site conditions on the property have been altered by human induced activities.
Examples include the disruption of the historical hydrological sheet flow with the
construction of the Cypress Canal to the south, construction of CR-951 and associated
canal to the west, construction of Immokalee Road and Cocohatchee Canal to the north,
development of surrounding areas, and a lowered groundwater table. Alteration of the
hydrologic regime on the subject property most likely caused a change in the structure and
composition of the native plant community, and may have provided an opportunity for
exotic and nuisance vegetative species to become established. Exotic vegetation observed
on the project site during the 2007 listed species survey include melaleuca (Melaleuca
quinquenervia), Brazilian pepper (Schinus tereblnthifolius), and earleaf acacia (Acacia
auriculiformis). Nuisance species such as Caesar-weed (Urena 10bata), and muscadine
grape (Vitis rotund/folia) are also present. One or more of these exotic and/or nuisance
species may be influencing the population distribution of the native plant communities on
the project site. Levels of exotic plant infestations, based on their aerial cover, were
mapped in conjunction with mapping of native vegetation associations and land uses.
Code modifier suffixes are appended to descriptive FLUCCS codes to indicate the
tOll:n0G8. 20682S. Ver. 2. lXlNG
N0101-Ots..0Q'I . PZON -32525
Agenda Item No. 8A
February 23, 2010
Page 143 of 289
Olde Floride Goff Club
Listed Species Survey Report
approximate abundance of exotic species within a particular FLUCCS community. Code
modifiers used for the site are shown below:
E = Exotic Plant Species
E1 = Exotics 10-24%
E2 = Exotics 25-49%
E3 = Exotics 50-75%
E4 = Exotics >75%
N = Nuisance Plant Species
N1 = Nuisance species 10-24%
N2 = Nuisance species 25-49%
N3 = Nuisance species 50-75%
N4 = Nuisance species> 75%
2.2. FLUCCS Categories Documented On Site
The following is a list of the FLUCCS associations mapped on the Olde Florida Golf Club
site, along with a brief description of each category.
Golf Course (FLUCeS 182) - This category represents the existing golf course including
golf cart paths, practice driving range, internal roads and paths, club house, and
maintenance facility.
Saw Palmetto Prairies-- (FLUCCS 321) - These areas typically lack a canopy stratum and
are dominated by a groundcover of dense saw palmetto (Serenoa repens) with scattered
sub-canopy and herbaceous vegetation occurring scattered throughout. Sub-canopy
species include rusty Iyonia (Lyonia ferruginea), winged sumac (Rhus copallinum), wax
myrtle (Myrica cerifera), gallberry (flex glabra), American beautyberry (Callicarpa
americana), and myrslne (Rapanea punctata). Groundcover vegetation Includes saw
palmetto, bracken fern (Pteridium aqui/inum), winged sumac, shiny blueberry (Vaccinium
myrsinites), myrsine, and muscadine grape (Vitis rotund/folia).
Other Shrubs and Brush (FLUCeS 329) - This category describes several small areas
immediately north of the Cypress Canal on the southern end of the property. These areas
are dominated by Brazilian pepper (Schinus terebinthifolius), wax myrtle (Myrica cerifera),
rayless golden rod (Euthamia minoi), dog fennel (Eupatorium capil/ifolium), ragweed
(Ambrosia artemisiifolia), Caesar-weed, muscadine grape vine, broom sedge (Andropogon
glomeratus) and scattered cypress (Taxodium distichum).
Pine F1atwoods - Palmetto Understory - (FLUCCS 411) - These areas are dominated by a
canopy of slash pine with a ground cover dominated by saw palmetto. Sub-canopy species
include slash pine, winged sumac, cabbage palm (Sabal palmetto), buckthorn (Bumelia
tenax), myrsine, wax myrtle, dahoon holly (flex cass/ne), gallberry, and rusty Iyonia. The
dominant groundcover vegetation is saw palmetto with scattered pennyroyal (Piloblephis
rigida), chocolate weed (Melochia corchor/folia), poison Ivy (Toxicodendron radicans),
muscadine grape, winged sumac, love vine (Cassytha fi/iformis), Caesar-weed, dog fennel,
gulfdune paspalum (Pan/cum monostachyum), chalky bluestem (Schizachyrium spp.),
Virginia creeper (Parthenocissus quinquefolia), cabbage palm, snowberry (Chiococca
alba), rustweed (Polypremum procumbens), and catbriar (Smilax bona-nox). Melaleuca,
Brazilian pepper and downy rose myrtle (Rhodomyrtus tomentosus) are also present In
these areas.
Pine Flatwoods - Graminoid Understory (FLUCCS 416) - These areas are dominated by
slash pine in the canopy. Sub-canopy species include slash pine, cabbage palm, widely
scattered cypress (Taxod/um spp.), wax myrtle, cabbage palm, myrsine, American
beautyberry, winged sumac, rusty Iyonia, and dahoon holly. Groundcover species include
1011a'200e.208828. YIlr.2-T1(ING
NG1Q7-ll1So001.PZQN-32!i2$
Agenda Item No. 8A
February 23, 2010
Page 144 of sa9
Olde Florida Golf Club
Usfed Species Survey Report
Caesar-weed, broomsedge (Andropogon virginicus), pennyroyal, muscadine grape, winged
sumac, love vine, Caesar-weed, catbriar, myrsine, red bay (Persea borbonia), and
ragweed.
Brazilian Pepper (FLUCCS 422) - This habitat contains a dense monoculture of Brazilian
pepper with very little other vegetation present. When other species are present they are
limited to widely scattered swamp fern (Blechnum serrulatum) and scattered willow (Salix
caroliniana) and grape vine or poison ivy. These areas are typically associated with
previously cleared or disturbed habitats on the property.
Live Oak (FLUCCS 427) . This habitat includes areas where live oak (Quercus virginicus)
dominantes the canopy. Other sub-canopy and ground cover species present include
cabbage palm, slash pine, saw palmetto, grape vine, green briar, pennyroyal and other
incidental ground cover species.
Cabbage Palm (FLUCCS 428) - Relatively pure stands of cabbage palm may be found on the
site. Some scattered live oak, laurel oak (Quercus laur/folia) and slash pine may also be
present in the canopy. Subcanopy species include scattered live oak, myrsine (Myrsine
nor/dana), red bay, and Brazilian pepper. Ground cover species include scattered saw
palmetto, Boston fern (Thelypteris exaltata), wild coffee (Psychotria neNosa), shoebutton
ardisia (Ardisia elliptica). poison ivy, American beautyberry, and myrsine.
Western Everglades Hardwoods (FLUCCS 433) - This category represents one of the
dominant habitat types found on site. Cabbage palm dominates this habitat, but cypress is
relatively abundant in many areas. This habitat type was historicaliy part of a large
cypress-dominated slough. The construction of Immokalee Road and Cocohatchee Canal
to the north and the excavation of the Cypress Canal on the southern property boundary
resulted in significant and permanent alteration to the historic water table in this region of
the county. The alteration of hydrology and decrease in hydro-period has resulted in an
increase in the number of cabbage palms, transitional and upland vegetation throughout
the general area. Cabbage palm now dominates most of the vegetative strata in this
habitat, but cypress, occasional red maple (Acer rubrum), laurel oak and other incidental
species are present. Grape vine forms a dense ground cover and thick mat in the ground
cover in many of these areas.
Previously Cleared/Disturbed Lands - (FLUCCS 740) - These areas are highly disturbed
habitats that have been previously cleared and are dominated by nuisance and/or exotic
vegetation. Grape vine and Brazilian pepper usually dominate these areas. These
disturbed areas are used as disposal sites for much of the vegetative debris generated
during routine golf course maintenance activities.
Borrow Areas - (FLUCCS 742) - These areas include large, shallow excavations where the
topsoil was removed in the past during the original golf course construction. These areas
have been scraped down to the underlying Iimerock in most instances and vegetation is
limited to nuisance and/or exotic species that can tolerate the fluctuations in water levels
from summer to winter months. Most of these areas are dominated by dense Brazilian
pepper with primrose willow (Ludwigia peruviana), willow and scattered herbaceous
species that are seasonally present.
3. LISTED SPECIES SURVEY AND RESULTS
3.1. Survey Methodology
Prior to field investigations, a literature search was performed and color aerials were
reviewed to identify the various vegetative communities present on the project site.
Information regarding listed plant and animals that have the potential to occur in habitats
1011~.208828.Vef:2.TKING
NOI07-016-OO1.PZOO-32526
Agenda Item No. 8A
February 23, 2010
Page 145 of ~89
Olde Florida Golf Club
Listed Species Survey Report
onsite was obtained from the Florida Rsh and Wildlife Conservation Commission (FWC)
and the Florida Natural Areas Inventory (FNAI). The FWC's publication Florida's
Endanaered Species. Threatened Species and Species of Special Concern. Official List,
December 1999, was reviewed to determine the current state and federal status of listed
wildlife and plant species potentially present onsite. In-house FWC data is depicted on the
enclosed FWC Regional Listed Species Data Map (Exhibit C).
Field surveys consisted of meandering pedestrian transects through each habitat present
on the project site. These survey methodologies were generally consistent with those
prescribed by the FWC (FGFWFC 1988 Wildlife Methodology Guidelines for Section 18.0
of the Application for Development Approval. FGFWFC. Tallahassee, FL).
Wilson Miller ecologists were equipped with a compass, aerials, binoculars, and field
notebooks for documentation purposes. While performing meandering pedestrian
transects, ecologists periodically stopped, looked for wildlife, signs of wildlife, and listened
for wildlife vocalizations.
Pedestrian transects were conducted in the early morning and late evening. Early morning
transects were started one-half hour before sunrise and evening transects lasted until one-
half hour after sunset. The listed species survey was performed on August 25, September
23, 24 and 29 and October 1, 2008. WilsonMiller Exhibit D shows the Listed Species
Transects and Locations Map for the listed species survey. Table t lists pertinent
information relating to the vegetation mapping/listed species survey.
Table 1 - Listed Vegetation Species Survey
Ecologists involved, survey dates and time and weather conditions during survey (temperature
given represents temperature at beginning of survey when no range is specified.
ECOLOGIST PATE TIME OF DAY WEATHER
Justin Styer 8/25/08 7:00 am - 10:30 am 75"F- 85"F, sunny skies, wind 0 - 5 mph
Justin Styer 9/23/08 7:15 am-3:00 pm 73"F. 90"F, partly cloudy, wind 5 - 1 0 mph
Justin Styer 9/24/08 7:15am-3:00pm 72"F.90"F. mostly sunny. wind 10-15 mph
Craig Schmitl1er 9/29/08 11:00 am -7:10 pm 85"F, partly cloudy, wind 0 - 5 mph
Craig Schmllller 10/1/08 11:15 am -7:30 pm 87"F, mostly sunny, wind 0 - 5 mph
The following provides a discussion of how the methodologies employed during the surveys
deviated from the specific subcategories of wildlife survey methods recommended In the
referenced FWC document.
'Upland Surveys' - Methods used were consistent except that in the majority of cases, the
density of transects occupied exceeded the recommended density; and surveys addressed
more species than those listed in the 1988 FWC publication.
"Small Mammal Sampling" - No small mammal trapping was performed. None of the
species listed under this methodology could be reasonably expected to occur on the
property due to inappropriate range and habitat.
"HerpetofaunaCSurveys" - No herpetofaunal trapping was performed. None of the species
listed under this methodology could be reasonably expected to occur on the property due
to Inappropriate habitat.
3.2. Listed Plant Species Documented Onsite
During the course of mapping vegetation associations and conducting listed species
transects, WilsonMiller ecologists also searched for plants listed by the Florida Department
10113'2OO&-20662S.Ver. t. TKING
NDl07.015-ClO1.PZON.3l!62l;
Agenda Item No. SA
February 23, 2010
Page 146 of 1~9
Olde Florida Golf Club
Listed Species Survey Report
of Agriculture (FDA) and/or the U.S. Fish and Wildlife Service (FWS) that may be present
on the project site.
The above-noted agencies have categorized the various listed plant species based upon
their relative abundance in natural communities. Those categorizations include
"Endangered;" ''Threatened: and "Commercially Exploited". "Endangered" means species
of plants native to the State that are in imminent danger of extinction within the State, the
survival of which is unlikely if the causes of a decline in the number of plants continue, and
includes all species determined to be endangered or threatened, pursuant to the Federal
Endangered Species Act of 1973, as amended, Public Law No. 93.205 (87 Stat. 884).
"Threatened" means species native to the State that are in rapid decline in number of
plants within the State, but which have not decreased in such number as to cause them to
be endangered. "Commercially exploited" means species native to the State which are
subject to removal in significant numbers from native habitats in the State and sold or
transported for sale.
The protection afforded plants listed by the Florida Department of Agriculture entails
restrictions on harvesting or destroying plants found on private lands of another, or public
lands, without permission and/or a permit from the FDA. There are no restrictions for
landowners, unless the sale of plants is involved. These provisions are found in Section
581.185, FDA under State law. Those plants listed by the FDA, which were documented by
the listed species survey to exist on the project site, are listed in Table 2.
There were four species of listed plants, per the FDA list, were observed on the property:
the twisted air plant (Tillandsia f/exuosa), the stiff.leaved wild pine (Tillandsia fasciculata),
the wild pine (Tillandsia balbisinia), and the butterfly orchid (Encyclia tampensis). The
twisted air plant is listed by the FDA as Endangered, the stiff-leaved wild pine is listed by
the FDA as Endangered, the wild pine is listed as Endangered, and the butterfly orchid is
listed as Commercially Exploited by the FDA. None of these plant species are listed by the
FWS. The above-mentioned plant species, although listed by the FDA, are relatively
common in southwest Florida.
Table 2 - Listed plant species observed
COMMON NAME , SCIENTIAC NAME STATUS HABITAT
FDA FWS
Twisted air olant Tillandsia f/exuosa E NL 411 416,433
Stiff-leaved wild Dine Tillandsla fasciculata E Nl 411 416433
Wild Dine Tillandsia balbisinia E Nl 428
Butterflv.orchid Encyclia tamoensis C NL 416.433621
FDA = Florida Department of Agriculture
FWS = United States Rsh and Wildlife Service
E = Endangered
T = Threatened
NL = Not Usled
Habitat = Major FLUCCS categories In which Indicated species were observed or are most likely to occur.
3.3. Listed Plant Species That Could Potentially Occur On Site But Were Not Observed
The following species listed in Table 3 could potentially be found on the project site due to
the presence of appropriate habitat, but were not actually observed.
Table 3. Usted plant species that could potentially occur bu1 were not observed
COMMON NAME I SCIENTlAC NAME STATUS HABITAT
FDA I FWS
Giant wild olne I Tillandsia utriculata E I Nl 411 416 433
FDA = Florida Department of Agriculture and Consumer Services
FWS = United States Fish and Wildlife Service
1 Ma'20OS.2Oli828. Ver:2. TKING
NOI07.016-Q01 - PZON. 32526
Agenda Item No. SA
February 23, 2010
Page 147 of W9
Olde Florida Golf Club
listed Species Survey Report
E = Endangered
C = Commercially exploited
~L = Notllsted
Habitat = Major FLUCCS categories in which indicated species were observed or afe most likely to occur.
3.4. Listed Wildiife Species Documented Onsite
During the listed species survey, state and federally listed wildlife species were observed
on the project site including the gopher tortoise (Gopherus polyphemus), Big Cypress fox
squirrel (Sciurus niger avicennia) and American alligator (Alligator mississippensis). The
gopher tortDise is listed as Threatened by the FWC and is not listed by the FWS. The Big
Cypress fox squirrel is listed as Threatened by the FWC and is listed not listed by the
FWS. The American alligator is listed as a Species of Special Concern by the FWC and is
not listed by the FWS.
A total of seventeen active and inactive gopher tortoise burrows were observed on the site
and their approximate locations are presented on the Listed. Species. Transects and
Locations Map (Exhibit D). .
Several listed wading birds were observed foraging in the stormwater management lakes
within the existing golf course during the listed species survey. These species include the
little blue heron (Egretta caerulea), snowy egret (Egretta thula), white ibis (Eudocimus
albus), and tri-colored heron (Egretta tricolor). These wading birds are listed by the FWC
as Species of Special Concern and are not listed by the FWS.
3.5. Listed Wildlife Species That CDuld Potentially Occur Onsite But Were NDt Observed
Although not observed during the listed species survey. the following state and/or federally
listed wildlife species could utilize or visit the site as a result of potentially suitable habitat
being present: Florida panther, Eastern indigo snake, bald eagle, wood stork, and the
Florida black bear. Various sources of information were used to determine the possibility
of occurrence (FNAI, 1998; FWS 1997, FWC 1997, FDA 1997). Table 4 denotes listed
wildlife species that have a potential to occur on the project site, although they were not
observed. Common habitat occurrence, state/federal status, and potential for occurrence
are also given in Table 4.
Florida Panther - The Florida panther is listed as Endangered by the FWS and the FWC. A
portion of the western-most properly is located within the FWS Panther Secondary
Protection Zone, as mapped by the FWS. WilsonMiller Exhibit C shows the Secondary
Protection Zone mapped for this region of the county.
The FWC telemetry data indicates Florida panther #28 was documented occurring on or
near the property on June 21 and June 23, 1989. FWC telemetry data indicates Florida
panther (Texas Cougar #101) was documented occurring approximately 1.0 and 1.6 miles
north and northwest of the project site in 1995. This female Texas cougar was introduced
into the population in the mid-1990's in an effort to restore historic genetics of the Florida
panther population. FWC telemetry data indicates Florida panther #66 was documented
occurring approximately 1.3 miles to the east of the site in 1998. FWC telemetry data
indicates Florida panther #92 was documented occurring approximately 1.3 miles north of
the site in 2001. The FWC data indicates that a collared panther has not been
documented Dn the subject properly for 19 years and two panthers occurred within 1.3
miles of the site 10 years ago and 7 years ago. No individuals or signs of panther were
observed on the site during the listed species survey.
Florida Black Bear - The Florida black bear is listed as Threatened by the FWC and is not
listed by the FWS. The black bear is a transient animal that is highly opportunistic, and is
not an uncommon occurrence in residential neighborhoods in search of food. Current
FWC data indicates that the nearest documented Florida black bear locatiDn to the project
1()'13I2OO8. 206828. V/K; 2. TKING
~101.o"j.(IOI.PZOO.3252S
Agenda Item No. SA
February 23, 2010
Page 148 of 1}l9
Olde Florida Golf Club
Listed Species Survey Report
site were individuals more than two (2) miles south of the site in the Golden Gate Estates.
Black bear have also been documented occurring four miles to the east and northeast of
the site. Although there is a possibility of a black bear to walk across or visit the project
site, no individuals or signs of this species were observed during the listed species survey.
Eastern Indigo Snake - The Eastern indigo snake (Drymarchon corais couperi) has the
potential to occur on the project site. The indigo snake is listed as Threatened by FWS
and FWC. No individuals or signs of this species were observed on the site during listed
species surveys.
Wood Stork - There is a potential for the wood stork (Mycteria americana), to forage on or
otherwise utilize the property. The wood stork is listed as Endangered by the FWC and the
FWS. The site is located within the 18-mile wODd stork foraging core of Corkscrew Swamp
Sanctuary.
Bald Eagle - There is a potential for the bald eagle (Haliaeetus leucocephalus) to forage on
or otherwiseutflize the property. . The bald eagle has been taken off the endangered
species list but is still protected by the Golden and Bald Eagle Protection Act. The FWC
data indicates the presence of an active bald eagle nest within 1 mile of the site. The FWS
and FWC protection zones established around active bald eagle nest trees are a 330' and
660' foot radius from the tree. The documented bald eagle tree is located near the
southwest property corner of the Calusa Pines Golf Club and is approximately a mile or
more for the site. . The bald eagie could spend time foraging for fish within the stonnwater
management lakes on the property.
Table 4 - Listed wildlife species that could potentially occur but were not observed
SCIENTIAC COMMON FWC FWS Habitat Observed Potential
NAME NAME Status Status (FLUCCS) During For COMMENTS
Survev Occurrence
Felis concolor Florida panther E E All No Low- Unlikely
corvl Moderate transient
Ursus Florida black Low- Unlikely
americanus T Nl All No
floridanus bear Moderate transient
Hallaeetus Bald eagle NL NL 527,433, No Low Potential visitor
leucoceDhalus 621
Mycteria W ODd stork E E 527, 621, No Moderate Potential visitor
smericana 740
Drymsrchon Eastern indigo Potential
T T All No Moderate resident or
corais coupieri snake visitor
FWC
FWS
E
T
SSC
Nl
Habitat
= Florida Fish and Wildlffe Conservation Commission
= Uniled States Fish and Wildlffe Service
= Endangered
= Threatened
= Species of Special Concem
= Not Listed
= Major FlUCCS categories In which Indicated species were observed or are most likely to occur.
3.6. Non-listed Species Documented Onsite (General Wildlife Observations)
Table 5 gives a list of non-listed wildlife species and their FLUCCS occurrence as
documented on the site during the listed species survey.
Table 5 - List of non-listed wildlife species observed
COMMON NAME I SCIENTIFIC NAME I FLUCCS Occurrence
BIRDS
Cardinal Cardinalls cardinalis 428,433
Common nlnhthawk i Chordelles minor i 411
11)'1~008.206828.Ver:2.TKlNG
Jfil107.()l!>-OOl.PZON.3252!>
COMMON NAME SCIENTIFIC NAME , FLUCCS Occurrence ,
Blue iav Cvanocitta crisata 416
Pileeted woodoecker Drvocoous oilealus 411
Red-bellied woodoecker Melanemes caro/inus 411 416
Mockinablrd Mimus ",,/va/oltos 411 433 416
Downv woodoecker Pkoides-Dubescens 411 416 433
Moumina dove Zenaida macroura 411 416 433 740
AMPHIBIANS & REPTilES
Brown anole Anotis sanrel 411 416433.621
Cuban anole Anolis s. saarel 411 416 433 621
Cuban lreefroa OsteoDilus septentrionalis 433
MAMMALS
Nine-banded armadillo' Dasvnus novemc;nctus 411 416
White-tailed deer" Odocoileus virainianus 411 428 433 740
Raccoon. Pr(>f'Von lotor 411 416 433
Feral hoa Sus scrofa 411 416 428 433
Marsh rabbit Sv/vilaaus palustris 416
Agenda Item No. SA
February 23. 2010
Page 149 of '\il9
Olde Aorlda Golf Club
Listed Species Survey Report
* Signs .of these species (i.e. - tracks, scat, burrows. rubs. etc.) were observed.
4. SUMMARY
4.1. Listed Plants
The protection afforded plants listed by the FDA entails restrictions on harvesting or
destroying listed plants found on private lands of another or on public lands without
permission and/or a permit from the FDA. There are no restrictions for landowners, unless
the sale of plants is involved. No plants listed by the FWS were observed on the site. The
following plants, listed by the FDA as Endangered, were observed on the project site: the
stiff-leaved wild pine, twisted air plant, wild pine, and butterfly orchid. These species of
listed air plants are relatively common in southwest Florida.
4.2. Listed Wildlife
The Florida panther has not been documented by the FWC as occurring on the site but the
property occurs within the Secondary Protection Zone as mapped by the FWS. The site
has not functioned during recent decades as any portion of any known home range of
breeding females, adult males or sub-adult males. Furthermore, the site has not been
documented contributing to the survival of any collared female, adult or sub-adult
dispersing male panthers. The site offers limited landscape linkage to panther dispersal
routes. The property is not adjacent to habitats that are currently occupied by panther.
The FWS describes the Secondary Zone as natural and potentially restorable disturbed
lands adjacent to the Primary Zone that are not known to support panthers on a regular
basis. The site does not provide habitat important for transient sub-adult male panthers.
The Florida black bear has not been documented occurring on or otherwise utilizing the site
however black bear have been documented by the FWC occurring in nearby Golden Gate
Estates properties to the south and east. Black bears have been documented by the FWC
occurring over 2 miles to the south and over 4 miles to the east of the property. There is a
potential for black bear to walk across or otherwise visit the site in the future. Therefore,
the FWC and Collier County Environmental Services Department may require the
preparation of a Florida black bear management plan.
The Big Cypress fox squirrel has been documented utilizing the site and there is potential
for the Big Cypress fox squirrel to utilize the property in the future. Therefore, the FWC,
South Florida Water Management District and Collier County Environmental Services will
likely require the preparation of a Big Cypress fox squirrel management plan.
11lf1312l108-206828.Ver;Z.TKlNG
NOlOHI,s.oo1.PZQN.3252:5
Agenda Item No. 8A
February 23, 20a 0
Olde fraMa ~bltcc!,Jbl9
listed Species Survey Report
The Eastern indigo snake has the potential to utilize the property but has not been
documented onsite. The FWC, FWS, U.S. Army Corps of Engineers, and Collier County
Environmental Services Department may require the preparation of an Eastern indigo
snake management plan.
The gopher tortoise has been documented occurring on the property. There were a total of
seventeen active and inactive burrows observed within native habitats. Using the FWC
burrow occupancy conversion factor of 0.614, approximately ten (17 X 0.614 = 10.4)
tortoises are estimated to inhabit the site. Collier County will likely request the tortoises to
be preserved on the site within retained native vegetation. A gopher tortoise relocation
permit will need to be processed through the FWC and Collier County should the tortoises
be required tD be relocated within the property: A gopher tortoise permit to relocate
tortoises' offsite could also be obtained through FWC and Collier County.
The wood stork has the potential to forage on or otherwise utilize portions of the property.
The Olde Florida Club property is within 1B-miles of a documented nesting site (Corkscrew
Swamp Sanctuary). If wetland impacts are proposed on the site, technical assistance with
FWS will be required to address mitigation for impacts to wood stork habitat. The exact
amount of mitigation required for impacting potential wODd stork habitat is not known and
will be determined when the project goes through the federal permitting process.
The bald eagle has the potential to occur on the property and an active bald eagle nest is
documented by FWC occurring within 1 mile of the site. However, the Olde Florida Club
property is located well out of the established 330' and 660' protection zones for bald eagle
nest trees. No bald eagle individual or nests were observed on the property during the
listed species survey.
The listed wading birds documented foraging on the subject property are fairly common to
south Florida. No nests of these species were documented occurring on the site. It is
anticipated listed wading birds will continue to foraging on or utilize the site.
The Florida panther, Eastern indigo snake, wood stork, bald eagle, and the Florida black
bear have the potential to utilize the project site. However, none of the above-listed wildlife
species, or signs of their presence, were observed occurring on the project site during the
listed species survey. This region of the cDunty is rapidly developing and represents
fragmented wildlife habitat. This plays a significant role in deterring wildlife species, listed
or otherwise, from utilizing the site. With the proper approved state, federal and local
agency wildlife management plans in place, no adverse impacts to listed wildlife species
are anticipated to occur as a result of the future development of the property.
5. REFERENCES
The Audubon Society, Field Guide to North American Mammals, 1989.
Behler, John L. and F. Wayne King. 1980. The Audubon Societv Field Guide to North American Reptiles &
Amphibians. Chanticleer Press, Knopf, New York. 8th printing, 1989.
Bull, John, and John Farrand, Jr. The Audubon Society Field Guide to North American Birds. Eastern
Reoion.1977. Chanticleer Press, Knopf. New York. 22nd printing, 1993.
Dressler, Robert L., David W. Hall, Kent D. Perkins, and Norris H. Williams. Identification Manual for
Wetland Plant Species of Florida.
Florida Department of Transportation. January 1999 Florida Land Use. Cover and Forms Classification
SYStem. Third Edition.
1M3I2OO8-206828.Vr.2.TKING
NO'l07-01s.oo1.PZON.32S2S
Agenda Item No. 8A
February 23, 2010
Page 151 of 1019
Olde Florida Golf Club
Listed Species Survey Report
Florida Fish and Wildlife Conservation Commission. 2007. Florida's Endanaered Soecies. Threatened
Soecies and Soecles of Soecial Concern. Official Lists.
Florida Game and Fresh Water Fish Commission. 198B. Wildlife Methodoloav Guidelines.
Humphrey, S.R. 1992. Rare and Endanaered Biota of Florida. Volume I Mammals. University Press of
Rorida, Gainesville, FL.
Moler, P.E. 1992. Rare and Endanoered Biota of Florida. Amohlbians and Reotiles. Volume III. University
Press of Florida, Tallahassee, FL.
National Geographic Society. Field Guide to the Birds of North America. National Geographic Society,
Washington, D.C. Second Ed~ion, 1994.
University Presses of Florida. 1991. Rare and Endanoered Biota of Florida. Volume 5 (Plants).
Wh~aker, Jr., John O. 1980. The Audubon Societv Field Guide to North American Mammals. Chanticleer
Press, Knopf, New York. 8th printing, 1989.
Wunderlin, Richard P. Guide to The Vascular Plants of Central Florida. 1982. Board of Regents of the State
of Rorida. 1986.
1OfI3l2OO8_2Oll828.V(tI;2.TKING
N01070015<<l1 - PZON. 32525
AFFIDAVIT OF COMPLIANCE
Agenda Item No. 8A
February 23, 2010
Page 152 of 189
I hereby certify that pursuant to Ordinance 2004-72, of the Collier County land Development Code, I did
give notice by mall to the fDl/owing property owners and or condominium and civic associations whose
members may be impacted by the proposed land use changes of an application request for a rezoning,
PUD amendment, or conditional use, at least 10 days prior to the scheduled Neighborhood Information
Meeting. For the purposes of this requirement, the names and addresses of property owners shall be
deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who
have made a formal request of the county to be notified. The said notice contained the laymen's
description of the site property of proposed change and the date, time, and place of a Neighborhood
Information Meeting.
Per attached letters and or property owner's list, which are hereby made a part of this
Affidavit of Compliance
Q I!<C"'B:Iti~
State Df Florida
County of Collier
"-
The foregoing Affidavit of compliance was acknowledged ~efore me~ ;<?? .. day of
2~'<eJ2~~f'c(r,J-~ 8
p rsonally
~~:n to .
as identification.
d-v-
. (Signature ~f N~tary PU~ic) ~.
~-+Q\(il\ L lc.ktn(')~
Printed Name of Notary
......... I"..
"_ _n
-""~~. Notary pubnc State of Florida
!-.. ..~ Patricia l Pictlwol1h
> 1- ,.$ My Commisslon 00797335
> ~....... E"""",, 0612012012 .
:
:
NEW DIRECTIONS IN PLANNING, DESIGN &: ENGINEERING. SINCE 1956.
Agenda Item No. 8A
February 23. 2010
Page 153 of 189
.
Wils;nMille/~
January 28, 2009
Dear Property Owner:
I would like to take this opportunity to advise you that Olde Florida Golf Club, Inc., represented
by John Passidomo of Cheffy, Passidomo and Margaret Perry of Wilson Miller, Inc., has filed an
ApplicatiDn for Public Hearing for a rezone from Golf Course (GC) to Agricultural (A) for 553.67
acres of land currently containing the existing Olde Florida Golf Club and undeveloped property.
The site is located on the north side of Vanderbilt Beach Road Extension, approximately 2 miles
east of Collier Boulevard (C.R. 951). You are receiving this letter because you are an owner of
record of a parcel located within 1,000 feet of the subject property boundary. Please see
attached location map.
The current zoning designation (GC) allows the owner to use the property for golf course and
golf course-related uses only. The proposed rezone request would allow for the continuance of
use of the Olde Florida Golf Club and also allow the owner a broader range of uses and
flexibility under the requirements of the Rural Fringe Mixed Use District - Neutral Lands, as
outlined in the Collier County Land Development Code. Uses allowed by right in the neutral
lands include but are not limited to agricultural activities, single family residential, golf courses or
driving ranges, public educational plants and ancillary plants, private schools, and park, open
space, and recreation uses. No specific future development plans for the property are proposed
at this time.
In order to provide you an opportunity to become informed about the rezone application and to
give you an opportunity to meet with our project team, we are holding a neighborhood
information meeting on Thursday, Febrl,lary 19, 2009, at 5:30 p.m. at Collier County Public
Library - Estates Branch>; 1266 Golden Gate Boulevard; Naples, FL 34120.
At this meeting, our project team will make every effort to describe the proposed requested
rezone application. I hope that you are able to attend this public information meeting and I look
forward to seeing you there. In the meantime, if you have any questions, please feel free to
contact me (239-649-4040) or John Passidomo (239-261-9300).
Sincerely,
/lPA-fP/J ~,/j
Marg'ret Perry, AJ:tp
Senior Associate
TI te@teov~ r="\~
JAN 2 8 2009
. '::J
Enclosure
> Note: This event is not provided or sponsored by the Collier County Public Library.
3200 Bailey Lane Suite 200 Naples, Florida 3410S
800.649.4336 239.649.4040 F 239.643.5716
WilsonMiller.com
1!281ZOll8.20$3!4_Vet:t.WERRV
N0107.otJ.OOt.PWN.3252$
.0
Agenda Item No. 8A
February 23, 2010
Page 154 of 189
Olde Florida Golf Course
Rezone from Golf Course (GC) to Agriculture (A)
Location Map
I>-l. .. .
~ r-:::::-'- I L
If \ \
". .t'. r
... y\~-~
..~{ ~n ~. SJJJ L P"~~~CT..
~ lL. f..lLL r;;.c . ~ ....... ... .
.~.. .I--:~,,-~I L
I~. ~ .1..... b.IUf. ..' . ....
. ..:.. i=1 fT...... ,IOi<II: )(
. mil) -. .. .
:~, \ . . . J'WARM'SPRING (
:.q:.'; J{lI!l;3:......J .~
~.~. ~IJ~L'.'i<= 1
. 2.Q!"'.
~II~~,..
. \.z~
6D .~ '\,
W
~Wr
H
H~ITAQF; ~iW
j
,:::J, I
'''Me) M.k{ fie ~ '
. '_c...
-I--
i-'
C~
1-
I
2
!!
~
cl.oulEN GA:
Vll .w
I
II
co
iil
"]
9.
II
o ~cg~U~~~
~ JAN 2 8 1Jll!l ~
l:::I
1/15/2009.2Oll38e-Ver.l-MPeRRV
N0107-o1S-001.P~_325ZS
ABBOTT. HERBERT S
RICHARD R ABBOTT JR
5B600OGWOODWAY
NAPLES,FL 34116-4910
ADAMS, FRANKLIN B=& KATHLEEN P
761 16TH 8T NW
NAPLES,FL 34120...1913
U~~IM\~m ~~RQ'&
February 23. 2010
ALVAREZ. ARIEL R.:a~~ ~ 55 of 189
B9D 23RD ST NW
NAPLES,R. 34120-.1828
Smooth Feed Sheets™
SANKS, JAMES M
761 21ST ST NW
NAPLES,R. 34120-1813
BE:RIAUL T I JOHN
PO BOX 907'
NAPLES,R. 34101-907.
BRIANT, JERRY A=& PENELOPE
2025 OUTRIGGER LN
NAPLES,R. 34104--5202
BURGESS. NANCY
11B19 WARBLER CT
NAPLES,FL 34119..-8901
CALUSA PINES GOlf CLUB LLC
33 N DEARBORN ST STE 1610
CHICAGO.IL 60602.-4078
CALUSA PINES G LLC
33NDEARBO STST~'610
CHICAGO 60602-.-4076.
V
CALUSA PINES GO C
33NDEARBO TSTE;610 \:,r
CHICAGO.I 60602....07~
COLLIER CNTY
330H AMIAMI TRL E
NAPLES,FL 34112......,
COLLIER CNTY /
3301T AMI RL E
NAPLE, 34112.-4961
COLLIER CNTY
% SOUTH FLA WATER MGMT DIST
ATTN, LAND MGMT
PO eoXM680
WEST PALM BEACH,FL 33416....680
COLLlER~ /
3301 TAMI TRL E
NAPLE L 34112-4961 .
COLLIER CNTY
3301 TAMI TRLE .;,>
NAPL . L 34112.-0000 ~
COLLIER CN Jf'
3301TA ITRLE
NAP ,R. 34112-...961
COLLIER ?
3301 TA I TRL E
NAP ,R. 34112...4961 U
COLLIER CN
3301TA ITRLE ,.,.J;;
NAPL ,FL 3.,,2....961 ~_.
~
COLLlERCNT ~v.
3301 T AMI I TRL E
NAPl ,L 34112-..4961
COUlER CN'!
3301 TA ITRL E I \,{,}.;
NAPL .R. 34112"-496~
COLLIER CNrV
3301 ~~~t.1I TRL E
NAP!,,'. 34112.-0000
COLLIER C
3301T Ml TRL E , . n'tJ
NAPL .FL 34112....961 ;yr
~
~
~
DAVIS, ROBERT E
172C KRAPE RD
NAPLES,Fl 34120--2509
DUCKMAN. STEW ART R
436 YODeR RD
HARLEYSVILLE,PA 19438-1763
ERJAVEC JR, EUGENE V
PAUlA J ERJAVEC
850 PALM ST APT C19
MARCO ISLANO,FL 34145--2059
ERZAK JR. ALFRED J
PATRICIA A ERZAK
14960 COLLIER BLVD # 3151
NAf'LES,Fl 34119-.n13
IIAVERY@
Address labels
laser
5960 ™
Smooth Feed Sheets™
EST ATE AT TWINEAGLES L TD
9990 COCONUT RD STE 202
:>NITA SPRINGS,R. 34135-8488
ESTATES AT TWIN S LTD, THE
STE 202
,R. 34135-8468
ESTATES A INEAGLESLTD,THE
NUT RD STE 202
PRINGS,FL 34135--8488
NEAGLES LTD. THE
RD STE 202
RINGS.R. 34135--8486
EVERMAN. TOMMY A.& DEBRA ANN
710 21ST ST NW
NAPLES,Fl 34120-1814
FRAZIER TR, ROBERTE
FRAZIER REALTY TRUST
790 17TH ST NW
NAPLES,R. 34120..-1930
GIRALDO. F WILSON
1681 KRAPE RD
NAPLES.FL 34120--2510
'3OLF CLUB OF EVERGlADES L TO
3n5 AIRPORT PULLING RD N
NAPlES,FL 34105-2530
IIAVERY@
Address Labels
ESTATESATTWI AGLESLTD
9990 COCON 0 STE 202
BONITA SP NGS,R. 34135-6488
ESTATES~TTWI AGLESLTD, THE
8990 COCON 0 STE 202
BONITA SP GS,R. 34135-84ll8
ESTATES ATTW AGLES LTD, THE
9990 COCON RD STE 202
BONITA SP NGS,R. 34135--6468
ESTATES AT NEAGLES LTD. THE
9990 COCO T RO STE 202
BONITA S INGS,FL 34135-8488
ESTATES ATTWI GLES LTD, THE
9990 COCON 0 STE 202
BONITA SP GS.FL 34135.-8466
FOSTER, WILLIAM P=& CHERYL J
3914 SE 19TH PL
CAPE CORAL.R.
GARCIA. RAMON
MAGAL Y TOLE
731 t9THSTNW
NAPLES.FL 341
o
~
~~D"#~
Jf\N 2 S 2009
.1945
GLEN III, JOHN M=& DOROTHY L
PRINCIPIA COLLEGE
ELSAH,IL 62028-.
GUERRA. JUAN=& OMAYRA
740 21ST 8T NW
NAPLES,FL 34120--1814
Ul@lemp,*,fR6SiP.O@
February 23,2010
Page 156 of 189
ESTATES AT INEAGLESLTO
UT RD STE 202
PRINGS,Fl 34135--8488
GLES L TO
9990 COCONUT STE 200
S.R. 34135-8488
ESTATES AT~GlES LTD. THE
9990 COCON 0 STE 202
BONITA SPR. GS,FL 34135--B488
ESTATES A~TW AGLES LTD. THE
9990 COCON RD STE 202
BONITASP GS,R. 34135.-B488
ESTATESATTW AGLESLTD. THE
RD STE 202
GS,FL 34135-B488
FRANCIS. JOHN B.& KAY J
671 21ST ST NW
ES,FL 34120-1611
HIER, STEPHEN K
CY TENEE GAUTHIER
8 1 JUDE ISLAND WAY
N LES,R. 34119-7528
GOENNER. ALFRED J
759 l00TH AVE N
NAPLES,FL 34108--2239
KRAPE, EDITH M
,82OKRAPE AD
NAPLES,FL 34120"."2529
Laser
5960 TM
Smooth Feed SheetsT"
'J5;
~.
MADNI, SYED M
2934 FLORENTINE CT
NAPLES,FL 34119...7738
.~
~r
OLOE FLORIDA G CLU81NC y/
9393 VANDER BEACH ROAD EXT
,2!l-.1715 p~
PAUL, FRANNEClS
GUILENE LEANDRE
571 23RD ST NW
NAPlES,FL 34120...'827
PHILLIPS, ALFRED R & ELAINE B
% SOUTH FlA WATER MGMT DIST
ATTN: LAND MGMT
PO BOX 24SBO
WEST PALM BEACH,FL 334'6.-4680
RITTER. SCOTT.& DEBRA
611151HSTNW
NAPLES,FL 34'2!l-.,9,5
SALARD JA. JOSEPH C=& RUTH J
74' 25TH ST NW
NAPLES,FL 34'20-1845
SISTO. PEDRO P
71117THSTNW
NAPLES,FL 34'20...'929
SPENCER, TIMOTHY R
4344 BEECHWOOD LAKE DR
NAPLES,FL 34112-.-1;102
tlAVERY@
Address labels
U.i.g~IDP~ W~5~~O\!ll
February 23,2010
Page 157 of 189
KRAPE, GERALD E.& HEIDI E
1823 KRAPE RD
NAPLES,FL 34120---2510
LANIER. JOHN E
BECKY J BOYD LANIER
4721 VIA CARMEN
NAPLES,FL 34'06...5622
MCALEER, RICKY ,J..& CHRISTINA L
820 '5TH ST NW
NAPLES,FL 34'20-.1916
MOORE TR, TIMOTHY J
JACQUELYN K MOORE TR
TIMOTHY J MOORE TRUST
JACOUEL YN MOORE TRusn 82' RICHARDS ST
NAPLES.FL 34120-3932
NUNEZ, JESUS C=& NORMA M
711 '9TH ST NW
NAPLES,FL 34120...1946
OLDEFLORIDA LF CLUB 17C
9393 VAND ILT BEACIi ROAD EXT
NAPLES 34120-1715 .
PARBUS, ROBERT W=& AMANDA
720 23RD ST NW
NAPLES.Fl 341ro-..1830
PARENT, ROBERT=. THERESA
770 21ST ST NW
NAPLES,Fl 34120...'8'4
PAUL. JEAN L& MARGARETTE
74' '7TH ST NW
NAPLES,FL 34120-1929
PEREZ, JESUS
720 17TH ST NW
NAPLES,FL 34120...1930
PHILLIPS, ALFRED R.& ELAINE B
760 251H ST NW
NAPLES,FL 34,ro-..'646
PHILLIPS. ALF R=& ELAINE B
760 25TH S
NAPLES 34'20...'646 ~
M
RUBY, MARK V
730 19TH ST NW
NAPLES.FL 34120..-1946
RUSSEU, WILLIAM R.. GAIL L
LARAY E & DONNA AUSSEU
660 23RD ST NW
NAPLES,FL 34120--1828
SALYERS, APRIL MARIE
1818 RICHARDS ST
NAPLES.FL 3412()--3927
SCHW ARZN ALDER, JUDITH
710 23RD ST NW
NAPLES,FL 3412G--1830
SOUTH FL WATER MGMT DIST
A TIN: LAND MGMT
PO SOX 24660
WEST PALMBEACH.FL 334'6-4680
SOUTHALL TA. VIRGINIA PHIlLIPS
v PHILLIPS SOUTHALL TRUST
t!fD 7124/02
PO BOX'ose
NAPLES,Fl 34106-.1050
STENCil TR, ALLAN A
ALLAN A STENCIL REV TRUST
SUSAN K STENCIL REV TRUST
UTO 9118/00 BOTH680 25TH ST NW
NAPLES,FL 34120-.1844
STENCIL TR. SUSAN K
S K STENCIL MAUST 9.18.00
680 25TH ST NW
NAPLES,Fl 34120--1644
laser
5960 ™
Smooth Feed Sheets™
SULLIVAN, F NORMAN
8281 LOWER EAST HILL RO
:OLDEN,NY 14033--97S1
THABUTEAU, MICHELE
68117TH ST NW
NAPLES,FL 34120-1827
VERMILLION, JERRY P=& JILL L
S81 23RD ST NW
NAP1.ES.FL 34120...1827
WRIGHT, JUDITH A
1860 KRAPE RD
NAPLES,FL 34120--2529
TARP, MIT
730 25TH ST NY!
NAPLES,FL 34120...1846
TOOLEY, KARL J
780 15TH ST NW
NAPLES,FL 34120...1814
WAll, NANCY J
ERIC o WALL
1821 KRAPE RD
NAPLES.FL 34120-2510
YAlllAN FARMS 11 LLC
PO BOX 1615
REYNOLOSBURG,OH 43068.-6615
Fifth District Civic Advisory Group
2335 Tamiami Trail North, Suite 308
Naples, FL 34103
YAAVERY@
Golden Gate Estates Area Civic Assoc.
2335 Tamiami Trail North, Suite 308
Naples, FL 34103
Address Labels
~A~~~O@
February 23, 2010
Page 158 of 189
TAYLOR TR, LOUISE V
TIA DTO 8.16-87
5471 SW , HH ST APT H
MARGA TE.FL 33068-..3385
TREJO, CHRIS=& LETICIA
810 4TH ST NE
NAPLES,FL 34120-2129
WINCHaL, CHRISTOPHER P
710 25TH ST NW
NAPLES,FL 34120--1846
ZIELKE TR, AMlEL W
UTA OTD 12.18-88
866 NICKERSON AVE
BENTON HARBOR.MI 49022..-6316
Vanderbilt Country Club HOA
8250 Danbury Blvd.
Naples, FL 34120
Laser
5960 TN
.~ ~ .....y----.
.. '"
-.::2 ;
... v.c: ~
<II -
~ ~
l:l c: .~ ...)
w :> ';I ~
'" 0 "- --to
0 ~ .~ ~
0 .!!:! ,~ '~
<l: ~
...J (5 ol ~
< u ~ "- ~ ~
:1E @I v
.
w II) ~ \!J ~
.S: v '-'"
0 --- <:::l k
.... ~ ~
l':!' 'i:
<II ~. ~
i ..c: --
.. u
:E
-
0 ........... I'- ~
2l .~ " '.
111 ()
Q ffi lO .J- 3 ~ts
l!J IX) " '--Si -- 'i' <<
2 ~ I ~
Z ~ I
;;) . ~--9
~ z N I' )~
LO - '"
w N -- ----
w Z I ~ :::j- .qO. t'0
~ ~ 0 en ~
:r m fV'1
0- N
Z
0 ~ I -...J -J ~
!;t W ~ g r (
J: z rl \
~ <:t
:::JE CI'I CO 2 m ..,J
C- d:
~ z w -J 'vi
.) - \J) ~ u.. \.Iv ~ ".
u.. Z II) ..;:j
z '-9 ...J OJ ') ~ ,
l!J 0- i:i
- ,~ ..,
0 CI'I '" ~ -=< ">l ~
.. Z
0 u \l- ,
111 - ~ Q, ."
0 ji .; ~ " ~
J: 0 \~ ,~
<II ;r-
c::: 0 .~ 1:" .....I
0 CJ~ ..c: ... I- ,I,J '- "- ~
CO II) Q. CU " A..
II) <II t- r-- ~,~
II)
J: w II) () 'J" '.... K
l!J 0:: .... ..... ,~ 1J
8: 0 -- '~}'-'
c '-
w c ::c .~
Z <l: z \) <J :J...
C ti:i ~, \J' (i2 ~
w 0 ~ 0-
0:: 0 r-- I'-- ;)
~ 00 -
N '0 "" I")
r.L <:,"':
<( tt: ,'<0
Q '\ \\) .~
'" '"
... .:)
~ l/') ~
z;- .1:) \-
fS ~ c: " ,4 ~
:I \l.i
0 -.J .~
-L11l U ~~.C) ~ \J:j
z '" (1\ \j
~ ~ ~
0'g .!: S ,j 'i.(".
-""" ~
'\Ye 0 d .:oS \hJ.
rr: Q< J
a. w 'i: -~ t--
2 '" ' _C ~
.. <II "- ~
\ <t ..c: \j (~, \..::.: \~
z u '.~~ ~
\
Agenda Item No. SA
AN ORDINANCE MENDING ORDINANCE mnlllllR 82-2 TIlE
Ii COIll'RElIFJ{SIVE: ZONING REGULA~IONS FOR TIlE
'% WINCORPOIlA~ED AJl~ OF COLLIER COIlN'l'Y, FLORIDA
~. Bl! AMENDING TIlE: OFFICIAL ZONING ATLAS MAP
. i& ER 4 B-27 Bl! CIlANGING Tllll ZONING .
tl LASSIFlCATION or TIlB HERBIN DBSCRIBED PROPER-rY"
\1\ 1661 S:H l3' LOCATED TWO MILES EAST OF C1\-951 AND ONB }lILE <"~.
~ os.' ~ SOllTll OF IMMOKALEB ROAD (CR-846l IN SECTION 31, '..:;
. ~ 't' .a: TOWNSHIP 48 SOllTll, Il.AlIGB 27 ~ST, COLLnR '.,
~4'flZ!R:'it~ COWTY, FLORIDA, FROM A-2M!! TO GC FOR OLDE"
FLORIDA GOLF CLUB, CONSISTING or 552! ACRESI
AND BY PROVIDING AN EFFECTIVB DATE.
......
mm.
~
<,;.
,. .
,-
-J\.
"
.....~~
:"f.:, "lHEREAS, Geor9'e L. Varnadoe or Younq, van Asaenderp. varnadoe ,
~11~~~;i~t~~':P.A., representinq orc of Naples, Inoorporated, petitioned the
~~t..: Board o~ county com=issioners to chang. the zonlnq classification of
~:~~.. ' the' he~8in dSBcribed real property;
~r'-;:;. . NON, WEREFORE BE IT ORDAINED BY ~HE BoA1lD OF COWTY COMMISSIONERS
f.f~r'?~. COLL~ER COUNTY, FLORIOAl
r~~~~~YON ~irP.:.:.
:;>;:~..- . .
~~;f;.i,~'.The Zoning c~assltlcll.t1on ot' the here:n. d8a~~betd r.~l property
~Iocat.4 in Section 31, Township 4B South, Ranqe 27 East, Collier
}~.~.:.~~~I~;;~ Flo't'1d:a, is. changed t~m A-:am to GC and' tha ottieial Zoninq
':~:.~t~as Map l'Iumber 48-27, as described in Ordinanoe 82-2, Is hereby
. f"'.. ...
~':~~~~ded accordingly: ' .
,".'..:..,...
-;.:. J" ..,
..,,": !Ill ot Bootion 31, ~ownship 49 South, Ranlie 27 East
less the Eas~ 1/2 ot the Northeast 1/4, Collier
County, Florida.
\
TWo:
sffective upon receipt of notioe erom
ot State.
DULY ADOPTED by the Board ot County commissioners or
Florida, this ~~.( day of ~~"-Jl~.' 1991.
'.
',1.,
':.-"1
,;"';:"'.
BOA1lD 01' COUNTY COHMISSIOllERS
COLLIER COONTY, FLOR1.0A
BY:(P~O~~
CHAIRMlIN
LEGAL SlTFFICIENCY
1",. ordlnoll!'o. mod lrlth tho.
Sot:.....'Yo:f~... Of~
aIA~..f (.
cr4 ".
':J$\~~
II,< <.V.J...pj'A_ ..,..~ ,
""......c.... r -_
. ' ,""~'~'~'''::\~.:'
, ....
~ -/: :::...
04:1,1;[ Of
Ordinance
-,
. . ',..'>' ...~ ~",
, ::.':;'::':-.t.,..:.
-.-...........
;....
.'
.-
-~--
..,~.~.___..___.4_.___ _..._______.___
'.
L'
,
.'
.~
.,~ ;~.
"'t'.-".
::'" ':'.~tfP,Q'" ~
,
Agenda Item No. 8A
...illbruary 23, 20
.)~~~age 161 of 1
~~ .~;'~:~ :\. .
kgl"'.~.;,~..'!. . ...
jl.L~.Ir...I..'......
.,;:#~~ii~~'.~. ~ '..
.:;$. ',': .~ ...;~ '.,
'~'l'/I:-. .' ,
;:~: ..'
'.f.',";'.
....I~I:~:..},.. , A.G~'F.F.MENT
\.f........,. '. .. ".
. "~~~~;;~:~ ',~'.' .'~~,:..;..;.~:.... . /:'.:/:<. .. .....
t)'f'.~~~:~~I~:~ cao1:g'e L. Varnadoe ot Youn9, van A88ent:!erp, Varnac:toe ,
'\ l,Benton, P.A., authorized aqent tor Petition ~-90-23, agrea to
;::,, the :l:olloving stipulations requested by the. Collier .County
t.,....'.. .Planninq commission in their public hearing en FebrUary l2,
l,t ..;f~;.~'''P'h:nnh'lSU.
~:~~';;i~~:..;";;,. ,."".... .>." ..~ ""...",, ..... .... .... ,,.
, ~')J"', terminus to the proj$cts wast property line. such
.' ,,'A1. ~..:. constr'12ctl.on shall be in accordance w1th County ..tandards '
~lJ.~:!;: . n.s set forth in ordinance 82-91 and the subdivision'
:,;- '.' ReljJUlationll ordinanoe No. 16-6. '1'h. rqaaway shall'
~!.ti:'., , parallel the southern bound.aries ot Sections 35 and 36,
~!.;~':"";" TownShip 48 South, Rang_ 26 East and positioned adjacent.
l~i:~~.' to the cypress Canal to the south.
:,..;;.
l'~:;" 2.
.\~~~."
~~~~.,:
. lt~{.r
Irt.}
lb"-.; ..
t(,' 3t
I:~:
\1'
't:~.;.
\:::~~"
. fr. ~..
"'~f"l' 1.
"'~fI.r'
",,'t.
t!!w/:..:
---.------. ~ _.'.'
. ,," , '
..:.:~f:.+;};;;~f..I~:N~;~r "
The petitioner shall improve and completa the proposed
road.way access to tho qolf ceurse site to county
specification~ prior to receivinq Certificates of
Occupancy for Phases 1 and 2 of the proposed qolt course
development.
The petitioner shall bG subject to
in accordance with SectIon 10.5
zon1nq ordlnancB No. 82-2, ~or
proposed qolt course d.velop~ent.
\
~rtat:lon:
A site Oevelopment plan
or the Collier .County
Phases 1 and 2 ot the
Should the developer end/or other property owners wish to
extand Vanderbilt Beach Road eastward t%om CR 951, auch
construction shnll be in accordance with County standards
as set .forth in Ordinance 82-91, and shall include
appropriate turn lanes and arterial level street lightinV
on CR,-951.
The road impact fee Dball be as set forth in ordinance
65-55 AS a~ended, and shall be peid at the ti~e bUildin9
permits are issued unless otherwise approved by the Board
ot County commissioner..
Acees~ improvements phall not
cr.e.d1ta lInd shall be in place
occupancy Dre issued.
be subjoct to impact. fee
before any cert1ticates of
EXHIBIT "An
-1-
. 043,,,, 02
".~' ~
.-::".:.:,..: .
...)
.. . .~.
.i.<.) .
. f~ "
.,
,.
;.~. ',- ,,,
....
'.' ""'J I':~: :' .~.!.)~~'::.:~.:
f .....,\..., _..,~I, i(.~,.".l
'. ~ .: ,;..' ;: ,.., ~ .';.' .
~. !J~.,k}J .f.~...:!. v' .
~.t,l'l',i* >'.,"" .
....
"!\~i ,'.:.... '. .:: .J. : :
..
, ......
. . .
.-.:,,: ."~~:.:J:~>\".:
. . , ~, . . I I . \t I !.
I .' ,-'",'" t .OJ r:
. , . '. ., I _ '. "\ I' I "
I . : -
.. _",,-'~-"--'- .---~----~._..-
_R._..~_...__.__....-. .,,_, .__ow,___'"
Agenda Item No. 8A
.,..-
...
.' '.
.;/i\~;{:4~~.:.,;~;::{r;f:~~ '.
,',: '::'~l./;;t; ;;~. :;,:". . :.~:'
;e,
.., .. ..;..~~..,
. '. I ,{~. w1l. ~
: : ,.....:. }i;:.l .
.' ;.~. t"'. "f
. '<;.:
,.
-
: ...,:.....
, d',
:!' :,~.:..
,/.'::."..
U,,",,:.t::. .
..;.~.. :
.-:J" .
:;':L:,,';
~~. .
i; 'j-".~: ~1:dhEtu:1..mu. . ,
I~f~~- i; Detailed pavinq, qradinq, site drainaqe and utility plans
~~:j\J' .:,." 'shall b. submitted to Projeot Review Service. tor review.
W.':: ~,' " No Clonatruction permits mhell be issued unless and. until
I \~~~ approval ot the proposed construction in accordance with
~,'~.~:r the sUblllit;.ted p~ans .1,11 qx:anted by 'project .Jtevlew Servioe....
.J.
~::~::!. .
"J :
j1t.~ .
~iX' 3.
~ ,1'.:',: .,
[:;1'; .
.;~...\C,.
'1 ;~:' ~.:..
,.....
j "/..
. ~).t .
" ,i.. ~,;;:
. ..~ . .,....;.'..: ,.....t... .,......(:,.: ",
,;,.<;. , ' . "
"''''EJ::;..' :.... :. .i::;, ~ . " . .
.t.'4:~,~ \ . ", , .' :':'''' .'
a..i.' . . .
": ~'..xti.. conniderat:.ion ot pending implementation o~ Grovth
. Manaqe1J1ent Regulations and the potential of A~jacent
roadways not contorminq to appropriate Dervice level
standards due to the rate ot increase ot tratfic volumes
verSU8 8cheduled/funded roadway capacity improv~ent., the
applican~ should be advised tha~ future land davelopment
activitias in the aroa may be subject to future land UO.
control consistant with the above re~lations.
2.
OQsign and construction ot all improveuents shalt be
8ubject: to compliance with the appropriate provisions ot
the CollJ.er County Subdivision RaqulationB. '
Thi. pro'Gct 1. recommended tor approval tor rezone
purposas only. A SUbdivision Muster Plan, it required,
shall be submitted for review and approval. Construction
plans and plat shall be submitted it a Subd!viBlon Master
Plan is required. I~ a subdivision Master Pl~n ia not
" required, then the pet.itioner $hall sUbuit tor a Site
~:i~ . . Development. Plan for review and approval.
~: ,. ..... ,. Work within Collier County rlqht-of-way shall meat the
:' ~ .~'.:' require:ments ot Collier County right-or-way Ordinance No.
'r :....! . 82-91.
~~'~~;/':::,'. .. '., .
"I' .Water Mlln.!Cfement: f . . 'r. ," . . ~ .. .. .
t~ ,.~~:~i~~::'i,~~etza~'ed .paving, gr~di~~'~" and"Bit"'~rainaq~ Plan~s'.hAl1 be
,. ::t..: " submitted 'to Project Review Services toX'. review. No
~,i;i::'. '. construotion permits sho.ll be issued unless and until
.~~. ~."",," approval of the proposed conotruction in accordance. with
!.....~\ : . ,,' the submitted plana 1s granted by Project Review- Services.
II....~L~~~,
l~'f'~t
~y'. ".,.
"~;';!~;;;~:~'j!>;i':: ;.;:
,~':I:h..;~r'j,j~' ',~,-.: .t,' r -,.
:J:J.ttv~~~..:'~ '. \
:,
-2-
. .~':
. . ,~.,rr.
. -J.
. .,1i~1;
. .\'~:.o::;,d~~i
". ..' ..~i..".'1.~,....,~~~f
. .:. ' '..,: ...,~. . . J ..
. lJ43' PACt 03
~,:: .
':\~,~~~{: :'~~';;. ,;' .
,.~~)"ji;..,..."..:
~f,?~;f;?!~' ;:,~ J::~'~ r .~~~ .
,:,:,.'~
. ~;"n.~<;;.
:.=11''" ,~Q
."~':: p:: '-:
-~-.
!'r
'.
.' . .,~
:.. ,~;,~:.~5... .. . ": i. "!1<:\,~k
..:-:,' ....-'. . :,,~~.' :'~s!~~f
'~;:",:..'."::: I r """'~ ..<..... :
',c\;.,...;i. 'i .;;,~i;;':~{' nj~
~-.,~~
. ~ :6~ 'h$,'
. .r;:~, .;-t,.J'.,.
,., ',;;:+:~;;c.~-!.'.':
..
~;
Agenda Item No.8
February 23. 20
Page 163. ?f);
",; "',,;'
.: ,:,~f~~;
. ',,~ :;<.';~<~'~~
.:..,:,.""ii'-:";
. :', I::.'_J:~'\
.'."'-.f;,
" ~;f
,.
':j-i;.,
r., '.
t' :tf;:-!~';,,,~<:'.,'
::2.':," ,In' ,accordance with the :Rulell ot tho. South Florida ~fAter
::,~~< r KBr,aqement. District, CSFWMD) Chapte:r. 40E4 and <408-40,
~t ' thi. project shall b. delllgned tor a storm .v.n~ of 3-~ay
. duration and 25-year raturn frequency.
'I.
.. ,r
,.
1.n Excavation Permit will b. requir.cS tor th. proposod
lake(s) in accordanc. with Colliar County Ordin.nc. No.
'0-26 .nd south FloricSa Wat.r Manaq.msnt DistriCt.rul...
It material e~cavated i. hauled ort-sito, a commercial
..e:ccavation permit shall be obtained.
4. This projeot ia recommended :Cor approval tor rezoninq
purpooes only. Detailed site drainaqo plans shall be
5ubmitted to tho Wat.r Managom.nt Advisory Board tor
rovi.w. No conotruotion pormit. shall bo io.ued unloo.
and until approval of tho drainaq. .yat.,. ia qranted by
the Water Management Advisory Board., ,
A copy ot South Florida Water Manaqement
or Early Work Permit i. required prior
plan approval.
Thl. approval does not constitute 8.qreml!l:nt by the count.y
to any oont.rol elevation or discharq8 rate. The control
elev~t1on shall be set in such a way that the hydroperlod
ot the wetlands on slte is retained.
oiotrict p.rmit
to constn\ctlon
A copy ot the Jurisdictional Agency (a) permit allowing
the USG of wetlands tor water management 1s requir~d prior
to oons~ction plan approval. .' .'
8. The epplic~nt shall qrant a maintenance easemane to south
Florida Water Management District/51q cypress Sasin over
that portion of hio property which li.a within the needod
20 toot maintenance eABement. alonq the Cypr8s8 C~nAl
trom top ot bank),
This' project i. recommended tor rezoning only, and
rezoning does not absolve the applicant tro~ complying
with all environmental ordinances in ettGot. at the ,time ot
i!t. plan approval or trom aupplying n.caaaary intormation
,. r.quirod for site plon opproval (i..., wildlife
.. '.'
-3-.
\. U43 P1C( 04
'~ ':~:~}~;,:!!~:} '.: :
;. ;: ;:(,.~~.. .f ....,/:li;::~r:"..i:~.!I~'~
':'~_' ,~'~~',.~t...t;:.l"., t._J.P!"j~""~~" It't~ ft:~
. ~ " ~ ~'f?~r~~~, tt~~~: T~~1~~' '::~,f:..~5A~
..i~~_; ~;:;\:.ii~;i.i~;~\~i;~~;\;~;'>.:'.. ..!~(:
, .' I . . . \ I ,;
. ',' . , \. f
, 'l l ;:~; I ~
I . , If' l I ,.:] 'r
j',,', :,; , I' I' 'J.
'. "
.,--,.........--_._._~..- ...
,----.-.-'-.-. ~..'_.._.-._...
......~ ,. -""
.,..---
---.---.-.- -~"--"--
....t.:n~~;:-.?:...>;:. ' ,
;,d.~iit.(...;..... .
"~'I.
',t;~i1;:'" .
'it'>;i.,,.: ','
~3l1~eys, etc.). In the event ot di"qt.e;;ment.' between
"'~"t li'.~:; ',::!'app11cant and Proj ect Revie", .t:att as to env.lromD'In'tal
;?J .r..:'" ...tJ.pule.tion., the Envirohrnental Advisory Counoil or it'.
~:~;:. ':', .uoces,or shall make recommendations to the Soard. of
~f:~ ,1, County Comm!9uionera, as part ot the site plan approvAl
~..; :',,: process.
I:; ;I~'Y.'" ~ -, . . , .
... ~ 2 ;:.,: ..AI . part ot the County's oontinuinll en'liroiun.ntai.'. rev1lv
~:f~'; ',;:,: through th.!IS procou, a surv.y of epeci.s of speoial
. ,~.",.; ,. c' status shall ba accomplislled pursuant to PoliCY..7. 3.6 ot
f.w'; .: '. the Con....rvation and Coastal Managemont Elemont of tha
0, . Growth ManAg'Dlflont Plan of 0011101:' county.
. . .
~I"'\~ Utilities,
~ f... ..~.'i::' ;"W~ter distributicn, .."aqo coUection and trailaminion and
I' ...~~ '". . interim water a.nd./or sewaqa treatment facil1tiaa to sarve
..~~:.~- ': the. projec~ are t.o be designlJd, constructed, conveyed,
~~.: : owned and maintained 1n B~cordanC8 with Collier County
,~l. . '. Ordinance No. 80-76, as emended., and other. Applicable
f.~l;!._"":, County rules and regulations.
~~.lP...I.~,".:.,..'.!~..~' 2. All au.tomers connoct1nq to the wat6r distribution and
Rawage collection tacilitias to be constructed "ill be
,.rl . cuDtomers ot the County and wIll be billad. by the County
t. in accordance with tho County'S e~te:blished rates. Should
~; the County not be in a position to provld4 water and/or
~~r',:. newer service to the project, the ""'ater And/or sewer
t' aUltoMers ahall be customers ot the interim utility
.","," astablished to serve the project until the County's ott-
;~~ oite water and/or sewer facilities are available to serve
. the proj eet.
1~''''J;:.;7 :..3. n is a~ticipated that tha County utilities division "ill
'~~.~., i Ultimately supply potabls "atar to mest the consumptive
~j-'!~?,.:. : .dlmand .. and/or recdvI and tnat the DI"alls. lIenerated by
"it~.. .'.':' . . this project. Should the County ayahll not be in a
,. :".,.' . . poaition to .upply potable w.ter to the project and/or
)l,; ". receive the project's wastewater at the t11". development
. commenc.., the Developer, at hi. oxpense will in.tall and
oparate interim water Bupply and on-sit. treatment
tacilities and/or interim on-site sew~qe trsDtment and
dispOSAl tacilitias adequ.te to maet all requirements ot
t~e appropriate rsqulatory .gencies. An agreement shall
bd entared into between the County an~ the Developer,
bindinq on the Oeveloper, his assiqns or 8uccessors
regArding any interim treatment tacilltiea to be utilized,
The agreement mUst be legally Butticlent to the County,
prior to the approval ot construction documents tor the
project and be in conformance with th~ raquirements of
Collier County Ordinance No. 88-76, as amended~
...
": .'\ ;"'~ , .
'.
'\.1
...~::.
~) :~;:
A~i!bda Item No.8
ruary 23, 20
Page 164 0; 1:.
'" ',I . ,>~~jl..,,,,i,j
. . '::. .:;!-'1 ~
':{ ",,:: ~
-
-
,.
.....
:J. I .'
. '.
...
I'.;':,;... .
..'i i. .....
. f:i:;(;......
\~f~;:::'.
~~..'; .
';."
~.
.-4-
,II 043,IC( 05
, '., [ " ' ' "(I"
' , , ! .
t I '" I .rJ t'
I . ' ,: , ' , . ", .
J\g,ecLla liem No. 8A
February 23, 201Q
Page 165 of"18~
.. ".,.\"-'.;,..'.... ..":":.1'i..;~...ci,,,,,':~'.i". ';7 ":i."...,.i..jl'.'~.' I'
'. '~"'~;":.~.~, .....~, '~.f...~ ~...1>," f. t,' ":.." ~
. 'Nt\' :4'"', .....'w,.,.,...!.. .!.r..,...~...41i\i!..,.. IH(..''1-..,'-..~,~\i:~.
. :~,::.:T;' /" r ;". :.:. '. ~:';ij~~:~r:/t~!f: ;:.:.<y?(~~!;./;.,..,
" ~ ,'. '"i~~.:
"~"':'f..,%i:':- an inter!. on-sit. \fate': supply"",,. ~~~~tm.n~' and :~"~';:t~~
. ~tll:tra"8"i8don facility i8 utilized to urn the proj8ct, it. .,:;, ,j~~
ii'S~J.:lDust be properly ei:"d to aupply avera']. peak day do,...t10 . , ;'::;'!~
\l}?i[-?,- dalland, in addition to fir. flow demand et a rat. .epproved : .':.'.
. ".rr." .-' by the appropriate Fire Control District ssrvicin'] the .'
" ~I.:"; ,N project area.
-W:i:"';
t\h....;
$\", .
l~;{:t..
~,:..
t..
i:;~;..
\",",'
,.~," .
. ,j"i:
~ ~J' .~.:' SUORN
iI';..~ ~~:... '. .
7ti:""~Jtt"" -:t:.L.
.\( 01" ,corUQ(!d
",". ,..;..i,i....~I.I... I .
~:t,;.~..;,II{~~::
:..
5.
Prior to apprOVAl ot construction documents by the eounty,
tlle Developer must present verification. pUrsl1ant: to
Chapter 367, Florida statutes, that the. Florida Public
Service Commis.ion has granted territorial rights to the
P~~eloper to provide sewer end/or water service to the
project until the County can provide theBD services
throu;h ita vater and sewer faoilities.
PE~EN~
'1'0 AND SUBSCRIBED BEFORB lIB THIS
1'f!!J
DAY
, 1991.
.,
. ". !1. f;~~
'~ 1- -~.. t.
. ,
'.~. .
, .: <E .:~,;<"i
'.,}, ;(~~, .
.~} ,;.> 'i.~~~',.., '
.,
. jf ::.. ,,,;~:;
., .; ..!"'r..
i:;":'
:..:~?-'=
'.
.,
.' ,
...
EXPIRES.
..'
-..
.' ~
.,.;
. ,.
"
r-;'-
\.J~ J-1-r-
REPRESENTATIVE FOR ~
\'5~
DAY
.'
y,./:J:~~):;
... ..... '.~'. l
. .,..... '.'l I
~' '. . .~. .,:~\ ':,,~, ;.
.. -.f;';'
':o.J("?!'
., :.: ':~;~:-;'j ~ i~~
.. :., ig',S'll
,,', :: !Pi!" ~
" .iff':;
': ,,:;,: .e?
.' "
......:'
. .
"! '.
0, _
.,
".
:"t'
,.. ~ '.',
.:~ ,,'.. . ,.
::<';1.1:': .
.".J,
Sheet
.. :'. ;';;~i;: :.!:/ .
;.
, ?:~~.;: :\.'~':'~' ';;
-;.' ',It
\ILU43rlCt 06
':~: "~:~~Yd;;\'.'.
..'
: II} - t.
I ) ~. ~
I "I C
I' ".
\
"
Agenda Item No. 8A
February 23, 01
- Page 166 0
,....;:..ki'c.i!.
. ....,.
'. .
. .'t....
'';':;1
. .. ~I
. ;>i'~j(:':~.;~S;..:;;....:i:"~':f: .,~ :;'~//~~;.~/..; .:~ :;...\.: ::j~~.
~-.'."t~''<'~~''.'^'i . .~'r.",.;;,;'l..:;!.;;.'",;-., .;...~: .. . ........ ,;,d. "~
" ":r,;,,:>>~j.l,'.~.::".; ? :'-~: ;.:).ii} ~.\ :~< " ;'. :' :;;~}li
'. "".' ~ ::"~: : :-~':'lfj~~.,., . '.' . : .:" ....i~1
',., ~'~'~~.l If':2i,~.~, r ...... ?(:- "':~;: .. . 3': ~[.J~ '
" \ ~'. ',; .... .~ '. 1..1, ~,'
.: ";:.:.f.:../""'~'" ,', J. '.., Ti .r
.' . . ".. ~ ~..
.... . "
. ::~ ':"'.i
...~?:i;;\.\ .~:t:; ~:.
':., .~:~:: .~~.tf.
-,,~-
~..
c.
',' ':' ','
for the
JUd1c!al CircuIt, Co11Jer County, rlorlda, do
certify that the torago)na 18 a true copy otr
',' .!::::::.
Ord1nance 'No; 01-16
wae adopte4 by the Board ot County Comm!a8Jonera on
of Feb~uary, 1991, durIng Regular Session.
/
..
. ::. ~.ay . ~~ . February I
,!.~1~:r~~:;(:::, \
'It. .:. "
.. :~;~',
my hand and the officiAl seal of the aoard ot
of Collier County, :Flori~a. this, ;9th ",I., .,
.1991':'~~:".I.;;,,:,..~;....~.':i;:~;:~ .'.. . ";'...;:.j:~;:>. .. 'j~:}{:_,;::~1
;''':i'' '. ,',,' '. ...~M;I;..'.."'..,~~~..:.,,,1.' ,~AiI
,::'1,,1: .;,,' :!.'"'.. 'i:~,;, :. ..';~..',." '~......... ~~."oJ ..I~
" .>" .~.,~ <.;0" " " ~. ..~' Of\ll'.s .""1.{o...1..~,~ . .1:fJ"
'. . ' , "';/'~_\\\1 1;.11 f. ,_ .,..{.... j ,f~
SAMES C. GXt.ES ':'..' ,~: ..~;:..... '.... .~~j:..Jf. :'1.
Clerk ot Courts and Cl':.~.. .. .~.~,t~"..... '.....1.::." ..'t
~ ,,"'llo,jl" ,_'. ,.
!x-otf'fc.1o to Board otl'.,j:' C.' ':~:-'~~~1~"" .......~ .
County Commissioner. ::: i .'.O:~. :.'j;~"'.'~"..,../!J... ~ ::: '~"
~ ",' (....,~".,..!'C::::
~ .~';.,; r'''t}O''.f~I-'~':~J''
','~"", .... " :fl'" :r::;..~
~ ,/;\;;O",.....:f.~..:,........,'
", .)." -. '. ",'
By: Is/Maureen nyo~,o'.,""'O "..' ,.,: .......... ~ ."~;.
Deputy ~lcsr1l;.."," l' ~-8r~q.-:~.~.....,.., "~f
'.'
~',;:' ~.
'..
", "f
...
~ . ~ .
"-':'~.fc~ "
.~, '
..
i
,
.11 04:1,lc[ 07
.' if,
";(,,,.
.:";'i(
.... >..; .t.......
,;t" _'\
'~ " ;~:' ~:: ",;: r
. t~ ~ y
~:i::,;;;;~;'..... .. ,;~'; <.'.,.~;.~_<;..;, :,. 'y ~>:,}..X;\\~:l~.,: \:'):~h ;;,*t~
,,:tti~;~~b{~;~~,,~t.Jf!.~::#:~J1l.. ".",f~~t..,,~~~l \~1t
'!':-J~V::<{'~:' ;.',. e,':,'~::":( tt:;~:.;:.',';;:\~\~\l;/:..~;",~f~>';.. ..'j
-,._._.__._---_.~
~--_...--...-...........-.--..._-~._.,--_.
SIGN POSTING INSTRUCTIONS
Agenda Item No. 8A
February 23,2010
Olde Florida ~ Club! ltl~.
RZ-2008-AR-13951
submitted 3/17/09 r
I
I
fA zoning ,ignes) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar
fdays in advance of the first public hearing and said ,ignes) mu,t be maintained by the petitioner or the petitioner's agent through
,the Board of County Commissioners Hearing. Below are general guidelines for signs. however these guidelines should not be
lconstrued to supercede any requirement of the LDC.' For specific sign requirements, please refer to Section 10.03.00 of the
flOC.
I
j
1.
j
,
2.
(Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CUlJ!:: (WC)
The sign(s) must be ereeled in full view of the public, not more than five (5) feet from the nearest street right-of-way or
easement.
The sign(s) must be securely affixed by nails, staples. or other means to a wood frame or to a wood panel and then fastened
securely to a post, or other structure. The sign may not be affixed to a tree or other foliage.
3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action
has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable. the petitioner or the
petitioner's agent must replace the sign(s
AFFIDA VfT OF POSTING NOTfCE
MAR 1 7 2009
NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE
iRETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST
ASSIGNED PLANNER.
STATE OF FLORIDA
'COUNTY OF COLLIER
,
BEFORE TIlE UNDERSIGNED AUTHORfTY, PERSONALLY APPEARED , ',:[, cr,;,e--f" ~1'1f
WHO ON OATH SA YS TIlA T HE/SHE HAS POSTED PROPER NOTICE AS REQU D BY SECTf 10.03.00 OF THE
COLLIER COUNlJ LAND DEVELOPMENT CODE ON THE PARCEL OVERED fN P ITION NUMBER
f{Z -30QS'{ ',f'l ~ /315/ (a/tie rb-,'dL 64 c.Je6 .56,,./....J I/c.zo.;~
~ u 3.;?ti"l auk} !.u/}t7 S/-fiIt-.,;2V
SIGNAJURE OF APPLIC STREET OR P.O. Ox
I N~Tt'~~TED)
11.
STATE OFFLORIDA
COUNTY OF COLLIER
! The foregoing instrument was sworn to and subscribed before me this / 7-1'-
, fYI U jM vf nrr<J, personally known to me or who produced tV/A-
and who did/did not take an oath.
i/rks rL :."'lL(IO:r
elT ,STXTE ZIP
day of
fr1 a..,-d- ,200L, by
as identification
My Commission Expires:
(Stamp with serial number)
,/....~ COLLEEII C. HOFFERIleR
f.t.>>: ,~MY COMMISSION' 00 646896
",. . .. . EXPIRES: May 3, 2011
..;r,,cff..: BcndedThruNolllryPtbOcUncle1wrt\ers
~~
F:\Website\AFFIDAVIT AND SIGN POSTING INSTRUCTIONS 5~2~05.doc
~'.....,__.~.",,_ ~'~"_"",,_,_,_.~,,'''_W^''
<(OOl
co~co
__..o~
'~o
""0
_<<.:::'N,.....
.sa~~
-COQ)
"'=>Ol
"O~CO
".co.
Q)O>
Olu..
<(
MRR-27-2009 02:58P FROM:TIM MOORE PAINTING 2393542965
TO: 6436968
P 1'1
Agenda Item No. 8A
February 23, 2010
Page 171 of 189
Fax from:
Tim Jackie Moore
1821 Richards St.
Naples, Florida 34120
Home: 239-348-2434
Work: 239-354-2680
Cell: 941-253-0220
To:
Commissioner Jim Coletta & Kay Deselem
Date:
March 27, 2009
Fax:
239.643-6968 & 239.252.3602
Old Cypress Golf Club, Inc.
Rezoning Petition: RZ-2008-AR.13951
1 . including cover.
RE:
Pages:
Dear Commissioner Colletta & Ms. Deselem:
We are property owners adjoining the Olde Florida GolI Club. We have no Objection to the rezoning to
agricuttural but have a suggestion to offer,
A 1_ years ago. we proposed that Richards Road be cut through to Vanderbltt Beach Road to allow for a
parallel access other than 951 & Wilson. The county was not willing to do so because Collier County did
not have easement rights. Here is a golden opportunity to correcl this oversight
Forward thinking on the County's part would be to require Old Florida GolI Club to give a 30 loot easement
to aJlow lor road development extending Richards Rd. This will help alleviate the drainage problems which
developed at the end 01 Richards Road. Krepe Road and the surrounding arsa, which were e_rbated by
development of aide Florida and Everglades GolI Club and CaJun GolI Club. These goll clubs were
anowed to eliminate the Cypresshead drainage that once accommodated drainage for this area.
Easements should have been granted when Everglades County Club was permitted. Please don~ let ~
happen again with Olde Florida.
The county can fix two Dr three wrongs with one right move. Road ditches could be run along side a
developed Richards St. allowing water flow to the main canal off Vanderbilt Beach Roed.
II ~ examine the old county maps. Richards St. was to run from ImmokaJee Road to Venderbitt Beach
Road. This would give the County another outlet such as Oekes St. or Logan. Please consider this
correction now.
I intend to attend the 4/2/09, 8:30 a.m. to present this request. Thanks for your help.
CHEFFYPASSIDOMO
ATTORNEYS AT LAW
EDWARD K. CHEFFY
BOARD CERTIFIED CIVIL TRIAL ATTORNEY
BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY
JOHN M. PASSIDOMO
BOARD CERTIFIED REAL ESTATE ATTORNEY
JOHN D. KEHOE
BOARD CERTIFIED CIVIL TRIAL ATTORNEY
WUIS D. D'AGOSTINO
BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY
JEFF M. NOVAlT
DAVID A. ZUUAN
WUISW. CHEFFY
BOARD CERTIFIED REAL ESTATE ATTORNEY
821 FlFlH AVENUE SOUTII, SUITE 201
NAPLES, FLOWDA 34102
TELEPHONE: (239)261-9300
PAl(, (239)261-9782
www.NAPLESlAW.COM
USA BARNmVAN DIEN
BOARD CERTIFlED REAL ESTATE ATTORNEY
ClAY C. BROOKER
ANDREW H. REISS
WILUAM J. DEMPSEY
BOARD CERTIFIED REAL ESTATE ATTORNEY
MICHAEL W. PETITT
CHWSTOPHERJ. TIlORNTON
JOHN C. CLOUGH
M. PRANCESCA PASSEW
OF COUNSEL:
GEORGE 1. VARNADOE
DI RECT DIAL: (239) 436-1529
DIRECT FAX: (239) 261-0884
April 29, 2009
Ms. Kay Deselem, AICP
Zoning & Land Development Review Department
Community Development & Environmental Services Division
2800 N. Horseshoe Drive
Naples, Florida 34104
VIA E-MAIL: kavdeselem(al.collienwv.net
Re: aide Florida Golf Club
Dear Kay:
Thank you for providing me with a copy of the proposed Ordinance for aide Florida's rezone
application.
The Ordinance provides that the stipulations attached to it have been "agreed to by aide Florida
Golf Club, Inc." We respectfully submit that the stipulations were imposed by the Planning Commission
and have not been agreed to by aide Florida. We aclmowledge that the stipulations appear reasonably
consistent with the motion made and resolution adopted by the Planning Commission.
We appreciate the time and attention afforded by the Planning Commission to consideration of
our petition. We nonetheless respectfully object to the proposed stipulations on the following grounds:
The Stipulations are Subiect to Varied Interpretations
The purported effect of the Ordinance is in accordance with its terms to "change the zoning
classification of the property from Golf Course (Ge) Zoning District to an Agriculture (A) Zoning
District", Reasonable people exercising good faith can and we believe would differ in their interpretation
as to the meaning of the proposed second and third stipulations attached to and incorporated in the
Ordinance (collectively, the "Stipulations"), which provide:
. "no densily has been awarded by virtue of approval of this rezone ", and
. "any uses or changes should be brought back to the Collier Counly Planning
Commission in the form of a Planned Unit Development process for review and.approval
of all categories as if it were a Planned Unit Developmenl. "
Ms. Kay Deselem, AICP
April 29, 2009
Page 2
Section 2.03.08A.3.a. of the Land Development Code provides that within the Zoning Overlay in
Neutral Lands in the Rural Fringe single family residential dwelling units are permitted as of right with a
maximum gross density not to exceed one dwelling unit per five acres. We respectfully submit that if the
effect of the Ordinance is, as it says, 10 "change the zoning classification of the property from Golf
Course (GC) Zoning District to an Agriculture (A) Zoning District," and the latter district allows a
maximum density of one dwelling unit per five acres, the Stipulations can alternatively be interpreted to
lead to the following diametrically different conclusions:
I) as provided in the LDC, the Neutral Lands on the subject property "are appropriate for
limited development, if such development is directed away from existing native
vegetation and habitat" and that, as long as the landowner ultimately meets that test
through existing LDC requirements of having a plat or site plan approved, the landowner
is entitled to enjoy whatever density is otherwise allowed tlrroughout the district, i.e., a
maximum of one unit per five acres ("Interpretation No. I "); or
2) the property has been rezoned to a district which allows single family residential units at
a maximum density of one unit per five acres but no density is permitted on the subject
property and therefore the rezoning has no legal effect unless and until "any uses or
changes are brought back to the Planning Commission in the form of a Planned Unit
Developmenl process for review and approval of all categories as if it were a Planned
Unit Development "? ("Interpretation No.2").
The Stipulations Mav Contravene Florida Case Law
If the Stipulations are construed to prohibit any density or uses on the property .until the Planning
Commission approves a Planned Unit Development for the property as indicated in Interpre1ation No.2,
the Stipulations effectively constitute a denial of the rezone application. After all, is not an approval of a
zoning application which prohibits any uses on the property without a later rezoning of the property
tan1amount to a denial?
In Porpoise Point Partnershio v. St. Johns Countv, 470 So.2d 850, (Fla. 5th DCA 1985), the Fifth
District Court of Appeal of Florida held that a county zoning authority improperly denied rezoning on
grounds that the property owner presented no plans for the specific use the owner intended to make of the
parcel in question, even though the requested commercial general classification was consistent with
county comprehensive zoning plan. As indicated by the Department of Zoning and Land Development
Review in its Staff Report for the proposed rezone, "it should be noted that the proposed rezone back to
the Rural Agricultural Zoning District utilized the 'conventional or standard' zoning procedure that does
not require a master plan to be submitted as would be required ifthe property was rezoned to a PUD."
The proposed rezoning is consistent with the county's comprehensive plan. What may amount to
a denial of a standard rezone petition because no plans for the specific use the owner intends to make of
the parcel were tendered may accordingly be prohibited by Florida law.
The Plain Lanl!ual!e of the LDC Creates an Entitlement to
Sinl!le Familv Use of the Subiect ProDertv
Recent events have caused us to undertake a critical assessment of the Zoning Overlay. In doing
so, we have concluded that single family residential dwelling units with a maximum gross density not to
Ms. Kay Deselem, AICP
April 29, 2009
Page 3
exceed one dwelling unit per five gross acres are "permitted as of right" on Neutral Lands in the Rural
Fringe under the Land Development Code because:
. Section 2.03.08A.1.a. ofthe LDC provides that the Rural Fringe Mixed Use District shall
be designated on the official zoning atlas and that the lands included in the Rural Fringe
Mixed Use District to which Section 2.03.08 applies are depicted on the zoning map;
. The atlas and map are enclosed. Each reflect the subject property within the Rural Fringe
area; and
. The zoning atlas indicates that the subject property is contained within a Zoning Overlay
for the "RFMUD-Neutral Lands".
Backl!l'ound:
The Rural Fringe Mixed Use District Zoning Overlay was created after an extensive public
planning process. Indeed, the purpose clause for the district states that, "the RFMU District employs a
balanced approach, including both regulations and incentives, to protect natural resources and private
property rights, providing for large areas of open space, and allowing, in designated areas, appropriate
types, density and intensity of development." The purpose clause goes on to provide that, "the innovative
planning and development techniques which are required and/or encouraged within the RFMU District
were developed to preserve existing natural resources, including habitat for listed species, to retain a rural,
pastoral, or park like appearance from the major public rights of way, and to protect private property
rights. "
ReasonilllZ:
The Zoning Overlay accordingly provides explicit development, perfonnance, dimensional and
design standards for Neutral Lands and allows and indeed encourages clustering of residential
development to provide to the greatest degree practicable protection for listed species habitat;
preservation of the highest quality native vegetation; connectivity to natural reservations or preservation
areas on adjacent development; creation, maintenance or enhancement of wildlife corridors; and a
minimum 60% native vegctation requirement. It also requires golf courses on Neutral Lands to abide by
strict perfonnance standards.
Illustration:
To illustrate the integrated nature of the Zoning Overlay, please consider the following
hypothetical questions:
.
whether the county would allow a golf course to be developed on lands designated
RFMU - Neutral Lands but zoned "Golf Course" without requiring the affected
landowner to comply with the Zoning Overlay strict perfonnance standards for a golf
course? If the burdens of the Zoning Overlay are imposed to "preserve existing natural
resources", should not the benefits of the Zoning Overlay be afforded to "protect private
property rights" and thereby implement the planning principles embodied in the district
purpose?
.
whether the county staff's detennination that the Zoning Overlay takes precedence over
Agriculture (A) Zoning to allow Olde Florida to use part of their property for a golf
course without having the golf course use authorized through conditional use approval
Ms. Kay Deselem, AICP
April 29, 2009
Page 4
suggests that there is no rational basis but to conclude that the Zoning Overlay takes
precedence over Golf Course (GC) Zoning to allow Olde Florida to use part of their
property for single family residential dwelling units without having the single family
dwelling units use authorized through a rezone to the Agriculture (A) District?
Conclusion:
We respectfully submit that the Rural Fringe Zoning District creates an integrated and
comprehensive unified plan of development for property within the Zoning Overlay. The LDC expressly
provides that single family residential dwelling units at a maximum gross density not to exceed one
dwelling unit per five acres are an allowable use "permitted as of right" on Neutral Lands and designa1es
the subject property as Neutral Lands. Single family residential dwelling units are accordingly currently a
permitted use on the subject property.
Reauest for Reassessment:
The LDC quite literally means what it says. We therefore submit that a fresh, critical and
comprehensive analysis of the Zoning Overlay will result in an administrative determination that a
standard rezone of the property to the Agriculture (A) Zoning District is not required to permit single
family dwelling units at a maximum density of one unit per five acres as a permitted use on the land.
The Stipulations Impermissiblv Discriminate Al!ainst the Subiect Property bv
Treatinl! it Differentlv Than Other Properties Within Neutral Lands
Requiring the owner of the subject property to proceed with a "Planned Unit Development
process for review and approval of all categories as it ifwere a Planned Unit Development ";
. treats the property in an impermissibly discriminatory manner by imposing requirements
to the subject property which do not apply elsewhere on Neutral Lands within the Zoning
Overlay;
. ignores the integrated nature of the Rural Fringe Mixed Use - Neutral Lands Zoning
Overlay on the property;
. requires the property owner to undertake an expensive and time consuming Planned Unit
Development process which no other property owner in the Rural Fringe Mixed Use -
Neutral Lands Zoning Overlay is required to undertake to secure "uses permitted as of
right" in the Zoning Overlay; and
. repudiates the explicit development, performance, dimensional and design standards
which apply uniformly throughout the district.
The fact that there is no rational basis to distinguish the subject property from other property
within the Zoning Overlay is i1\ustrated by a simple comparison to the property next door at Golf Club of
the Everglades ("GCE").
There, a golf course exists on land zoned Agriculture with a conditional use authorizing the golf
course. Under Agriculture zoning, the golf course at GCE can be redeveloped for single family
residential use at a maximum density of one unit per five acres. At Olde Florida, a golf course exists on
land rezoned from Agriculture to Golf Course in 1991 because the RFMU District which now allows golf
courses as a permitted use did not yet exist, Olde Florida then planned two golf courses, and Olde Florida
-
Ms. Kay Deselem, AICP
April 29, 2009
Page 5
did not anticipate that the second golf course would be built before an alternative conditional use would
expire on the property.
The net effect: two golf courses next door to each other, both in the Zoning Overlay which
permits single family dwelling units "as of right", one can redevelop as residential simply by going
through the platting process, the other is required to be "brought back through the Planning Commission
in the form of a Planned Unit Development process for review and approval of all categories as if it were
a Planned Development. ..
An Alternative ProDosal
Without waiving our right to assert that the Rural Fringe Zoning Overlay already provides a
zoning entitlement for single family residential dwelling units at the prescribed maximum density, we
respectfully submit that in lieu of the proposed Stipulations that the following stipulation would provide a
reasonable and even extraordinary assurance that the planning principles embodied in the Rural Fringe
Mixed Use District are implemented on the subject property:
Prior 10 the issuance of a building permit for Ihe first dwelling unit on the subject
property a site development plan or subdivision plat will be required to be reviewed and
considered by the Planning Commission.
Thank you for the opportunity to comment on the proposed Ordinance. We welcome the
opportunity to consult with Planning Staff regarding a resolution appropriate under the Land
Development Code. There appear to be many viable alternatives worth considering.
Very ly yours,
JMP/tpp
Enclosures
cc: Heidi Ashton-Cicko, Esquire, ACA
4841-14935 #62 #3
6................_ ~
LAST REVISION, ZONING_________OTHER__________
I The Historic/Archoeologicol Proboblity Mops Ore the oHiciOI
I County source desiqrlotin" historic or orchoeoloqic rEsources
I ~
~
;~;;;~;;;u:;:;;;..~ .5 ;;
16
'0,"".0'0,,$
'_lC." """.
~.;;:;~ 0:1> "~,,
::;;-'~, ~:. .~;.;, ;":,':
it
~
I
'" , · 2
,; s . <
OI~O'''~:~
'g ~ iE ~ ~ ~
~ ~ C ! ~ ~
~ Z rrl lei ..:.
M ~ ~;:o 0 ~ \':
o '(),' ;:J ~
N ..... -~,: on ,.,
I ~ p~, d ~
-----:: ~ i: ~ ~ ~
~E~ ~"'~
OJ~!:::~~ t~~
~~~~~ ~~
~?ilKl}! ~ ;;:
,
II
I
i
I
863536
11
,
.,
Ii.
,
-,
I:
....1
~i
/
"
" "
/
/
....1
~i
>
,
z;z
00
00
>"
;;1;;1
"''''
~'"
Z~
Vl"'l
n
~~
M:;J
Wm
a"
c~
Z"
OM
>z
~~
,0
z~
m~
r
"
-{
.~
'e Cl
~~ 0"
.
,
1-1""
~
;:
'"
0 0
,
I B .
~ ~
" " C]
F , , "
~ . .
I--
, , , ,
, . , ,
, , , ,
, . . ,
, , , .
, , , ,
~ -
;: . , ,
'"
0 , .
, .
. , , -
, , .
. , !
'.- ~~,-.._- I I
--. , .
e '0.
S "'--""~-~ --......--...-...,
, 'l- .
"
~ ", ...
~ ~i "- f{ , , -
~
~ "'\ F>~. , . ~
~_ '2" :;:...- ~
. "
" ....,.....
~- -'.
~ cc~o. VNlf 19
'll
~ ~ ~
~ ~ e
~ . l
ill
. 'j"
i ,
, j'
. .
I i
.'
Ii'
"I
I"
a
:1
~'M_~'_"'_''''_'____~'''''"",_,""",,__,",~
. ---~'.--- --- ---'-'---'''~'-'-''--''---'-'--
U!Ill COUJ/TV
RURAL FRINGE AREAS
o
. VI ; t,l.: _~~_~'l I ."
.. .' .-.__J
'It(\(
,;' ,e. 'ff.";:I\~,iF,
-it-i-Iuff
':1'ff
hI
.~
~
I la
~! ~
III mi
--f ~-~~'1
~ 1._~._-_.~~~.~~~.I.e.O~!1N~'!'~.i
I if I:
f I i w,..,
\ ~l
'''" -"'''---,.. ./
" ....-""..
J
~I
D!,
.'" I
',. "I
" .~ I
''-'-,:,'" .:
,
...
I'~
I .~~
i .
/
I
I
~I
rei
Ii
!
i
j
I
, :i
i'll.
:1:,
:1;/
I
1'1,
"'I
]
"I
"
"
,
,!i
H
I :i
,,',
I
'I.
, '
"
lOO'SEI'lllCK
(ASSUI/f'SREQUlRED
"'"'"
W'iTHN SElBlQ(l
GOLF CLUB OF
THE EVERGL'oDES
(A)
VANDERBILT BEACH ROAD
PROJECT:
CLIENT:
February 23, 2010
Page 179 of 189
VACANT (A-MHO)
~
--
I
15' TYPE "B"
LANDSCAPE BUFFER
PER LDC.
ROPERTY BOUNDARY
(TYP.)
. - -- --.- --.- .e:xrsnt-fG- --. ---
.' .'-' -' --OONSERVA"RON",-
.:.:.:.:.:. ):kSEMEttT.':':':
PER LDC,
NO BUFFER
REQUIRED
VAC/>NT (A-MHO)
EXISTING CONSERVATION
EASEMENT PER LOC,
NO BUFFER
REOUIRED
VAC/>NT
(A-MHO)
PER LDC,
NO BUFFER
REQUIRED
SINGLE FAMILY HOMES (E)
OLDE FLORIDA GOLF CLUB
OLDE FLORIDA GOLF CLUB
MAP OF FUTURE DEVELOPMENT ENVELOPE
_.tlo'R.lJatl,.O-GQl(lW
WilsOnMiller -~-..-._~
"
PIsmers . Eng/rlM's . Ecologists . 8urveyorB . Landsc8p8 Architects . TransportatiOn Consr.Jtanls
WilsonMiller, inc.
DATE:
DEC. 2009
REV NO:
SCALE:
N.T.S.
TWP:
RGE:
SEC:
PROJECT NO. INDEXNQ:
N01 07 -0 15-00 1 OO-N0107-00J
DRWN BYjEMP NO. SHEET NO:
32OOSaleylane,Slite200.NepIes,Rorida34KJ5.8507.Phono 239-649-4040.Fu 239-263-6494.Web-Site WlfIr.ll'lsctvnIer.com J.M.L./1322 1 Of.3
Nov 02, 2009 - 14:08: JLlGHTELIX:\ENG\N01 07\00J-OFGC_(rezone)\REVO 1 \DO-NOl 07-00.3001 -A.dwg
"pm No. SA
February 23, 2010
-". . iRn of 1 QQ
&LEGEND NOTES: &
l. ALL DEVELOPMENT WILL BE IN COMPLIANCE WITH THE LOC IN EFFECT AT
THE TIME OF DEVELOPMENT.
D 2. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS CONCEPTUAL REZONE
EXISTING CONSERVATION MASTER PLAN. SHALL BE CONSIDERED CONCEPTUAl IN NATURE. THE DESIGN,
EASEMENT LOCATION AND CONFIGURATION OF THE lAND IMPROVEMENTS SHALL BE
DEFINED AT SITE PLAN APPROVAL OR SUBDIVISION PLAT APPROVAL,
~ ~ ~
3. LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION/CHANGE
PRIOR TO CONSTRUCTION PERMITTING.
- EXISTING NATIVE VEGETATION 4. THE AREA DEPICTED AS "FUTURE DEVELOPMENT ENVELOPE" IS THE AREA
WITHIN GOLF COURSE WITHIN WHICH FUTURE DEVELOPMENT ON THE PROPERTY WILL OCCUR. THE
DELINEATION AND DESIGNATION OF A PRESERVE AREA WilL BE MADE AS AND
WHEN REQurRED BY THE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT
REGULATIONS.
~ FUTURE DEVELOPMENT ENVELOPE
& NATIVE VEGETATION CALCULATION
mIm EXISTING NATIVE VEGETATION REQUIRED
NOT INCLUDED WITHIN EXISTING NATIVE VEGETATION WITHIN GOLF COURSE 88.4 ACRES
CONSERVATION
EASEMENT 51.0 ACRES
EXISTING CONSERVATION EASEMENT
EXISTING NATIVE VEGETATION OUTSIDE GOLF ::1:250 ACRES
~ COURSE
GOLF COURSE BUFFER ZONE TOTAl EXISTING NATIVE VEGETATION ::1:389.4 ACRES
REQUIRED NATIVE VEGETATION (60X) ::1:233.6 ACRES
. FUTURE DEVELOPMENT ACCESS PROVIDED
- -
EXISTING NATIVE VEGETATION WITHIN GOLF COURSE B8.4 ACRES
EXISTING CONSERVATION EASEMENT 51.0 ACRES
PROJECT BOUNDARY
POTENTIAl NATIVE VEGETATION PRESERVATION AREA
(INCLUDES 150' BUFFER. EXCLUDES NON-NATIVE ::1:94.2 ACRES
VEGETATION)
FUTURE DEVELOPMENT AREA
TOTAl TO BE PROVIDED :1::233.6 ACRES
NOTE:
THE ABOVE NATIVE VEGETATION CALCULATIONS ARE APPROXIMATE AND MAY
VARY AT THE TIME OF DEVELOPMENT. FINAL ACREAGE OF RETAINED NATIVE
VEGETATION SHAlL NOT BE LESS THAN 60% OF THE EXISTING ONSllE NATIVE
VEGETATION (i.e., ::1:233.6 ACRES)
PROJECT: OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE
CLIENT: OLDE FLORIDA GOLF CLUB
Wil.Miller --=...-....l.JtIJl.C-OllIllJ:/;I
~""'-Canlic:Wd~M3
SCALE: OATE'
N.T.S. DEC. 2009
- . ~ . EcoIogisls . Sun<eycrs . L""""'Pe _,. . Trsnsporlafion CoMiIanIs SEC: TWP: RGE: REYNO:
W/7sonM/7Ier, Inc. PROJECT NO. INDEX NO:
N01D7-01S-001 DD-N0107-003
3200 Baley lane, Slite 200 . N8pIN, RorJda 3#J5-85J7 . Phone 2J9-64g-4(J4D . Fa;. 239-263-6494 . Web-Sito lNW~ccm DRWN BYjE'-lP NO. SHEET NO:
J.M.L./1322 2 "3
Nov 02, 2009 - 14;08: JlIGHTElIX;\ENG\N0107\003-0FGC_(rezone)\REV01\DD_N0107_003001 A.dwg
I'pm 1\1" ''''
February 23,2010
Page 181 of 189
&. SITE SUMMARY OPEN SPACE AREA L
TOTAL PROJECT AREA 553.7 ACRES TOTAL PROJECT AREA 553.7 ACRES
GOLF COURSE REQUIRED OPEN SPACE (70%) 387.6 ACRES
EXISTING GOLF COURSE/CLUBHOUSE 146.7 ACRES EXISTING OPEN SPACE PROVIDED (COLF COURSE) 274.5 ACRES
EXISTING NATIVE VEGETATION WITHIN GOLF COURSE ADDITIONAL OPEN SPACE REQUIRED 113.1 ACRES
(TO REMAlN) 88.4 ACRES
EXISTING CONSERVATION EASEMENT 51.0 ACRES
FUTURE DEVELOPMENT AREA
FUTURE DEVELOPMENT AREA 192.2 ACRES
100' SETBACK 12.1 ACRES
OTHER AREA (OUTSIDE DEVELOP~ENT AREA) 37.6 ACRES
--
PROJECT: OLOE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE
CLIENT: OLDE FLORIDA GOLF CLUB
Wil.Miller ~bI.-.'\.LIII~
~b=.-c.1b/ed~M1 -
SCALE: DATE:: 2009
N.T.S. DEC.
P1amers . ~ . EeoIogi8Is . Surveyors . LSIIdscspe Architects. Transportation Conslifsnts SEe: TWP: RGE: REV NO:
WilsonMiiler, Inc. PROJECT NO. INDEX NO:
N0107-015-001 DO N0107-00J
DRWN BY/HIP NO. SHEET NO;
32OOElaIfJyIane,Slite200 . Naplel.Rorida34fJ5-B50J. Phone 239-649-4040.FIX 239-263-6494. Web-Slte WIlw.~ccm J.M.L./1322 3 " 3
Nov 02, 2009 - 14;08; JUGHTElIX:\ENG\NOl 07\003-0FGC_(rezone)\REVOl \OO-NOl 07-003001-A.dwg
Naples_Daily N':.~. Sunday, January 10, 2010 .21D
::::-"----~ .::::~-;.-~------
Agenda Item No. 8A
February 23, 2010
Page 182 of 189
.-........~~..,.-...~~.-.,....---,~~
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice, - is hereby qlven that on, Tuesday, January, " 26, 2019. in the - Boardroom. 3rd
ROOf, Administration Building, -Collier County; - Government Center, 3301 EBSt; Ta-
miami Trail, Naples, 'Florida! the, Board of County Commissioners, will consider the
"enactment of, a County Ordmance. The meeting_ will commente, at 9:00 A~.:,The tj.;
tleoftheproposedOrdinanceisasfoll~:_. ',. _ .,:. ~;~ ,.""':.'
AN ORDINANCE OF THE BOARD.OF COUNTY .cOMMlsSIONERS OF COLUER COUN'
TY. FLORIDA, AMENDING ORDINANCE NUMBER 2004-41., AS AMENDED, THE COL.-
UER COUNTY lAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHEN.
SIVE ZONING RfGULATIONS FOR THE UNINCORPORATED AREA. OF COLLIER ,COUN-
TY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATlAS MAP ORMAi'S BY
CHANGING THE ZONING ClASSIFICATION OF .THE.HERfIN DESCRIBEDlIEAL PROPER-
. TY FROM THE GOlf COURSE (GQZONING DISTRICT .AND THE RURAL FRINGE
MIXED USE DISTRICT,NEUTRAL LANDS ZONING OVERlAY DISTRICT TO. THE AGRI-
CULTURE (A) ZONING DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT-
NEUTRAl LANDS ZONING OVERLAY DISTRICT FORiHE PROJECT KNOWN AS OLDE
FLORIDA GOLF CLUB; LOCATED AT 9405 VANDERBILT BEACH ROAD EXTENSION. IN
SECTION 31, TOWN5HIP 4B 50UTH. RANGE 27 EAST,COLUER COUNTY. FLORIDA,
CONSISTING Of 554 +1- ACRES 5UBJECT TO CONDITIONS; PROVIDING FOR REPEAl
OF ORDIN-ANCE 91-16; AND.BY PROVIDING AN EFFEcnVE DATE. .
Petition: RZ-2008-AR~t395'. Olde Florida Goff Cub,lnc.. represented' ~ John. Passl;'
domoof,CheffyPassid.omo, and Margaret C. Perry, AICP, ofWilsonMlIIer 1~,ls re.-
questing a sta,ndard rezone:from the GO,lf CourSe {G,O, ,'zoning dim. iet and the Rural
Fringe MiXed Use .Distrtct.Neutral-LandS,Zoning ~Iay District_to the Agriculture
{A} zoning district -and the .Rural Fringe "MiJed, Use 'Distrlct~eutral Lancf$ Zoning
Overlay District. 111. subject property, consisting, of. 553;67; +f. acres,'js,located on
the Vanderbilt BeKh Road Extension, approximately 2 tnlleseast of the Vanderbilt
B'each Road (CR 862) arid Collier Boulevard (CR 951) inte_rsection, in: Seetion31,
T~nshlp_48 South.,Rang~ ~,7 East, Collier Coun~,. Flor!da. '," . ,
, I, , .. .
Copies of the proposed _Ordinance, are on file with 'theOerk .to the Board and are
available for inspection. All interest~d p~rt~ arelt1vlted~_attendimd be heard; ." - .
NOTE: Ali pe~ns wi$hing to speak onl'am."ag~nd~-ib;ri1>rnustregjster with the .'
County administrator prior topresentbtton of the agendanen"1 toJ)! addre$~. In.
dlvidual speakers will be limited to 5 minutes on any Item. The sel_ectlon of an ind~
,vidual to speak 0, n,behalf of an org"anization or group Is encouraged. If recognized .
by the Chairman, a spokesperson for a grouporlforganlzation may 'be allotted 10
minutes to speak on anltem. ",.' , '
Persons wishing to hav~ writteo_or graphic' materials indudedinth~ Board agenda
packets must submit, sald'materlal a miniml!m of 3 weeks prTor to the respective
public hearing. In anY'-CaSe, written "materials ,intended, to be' considered by, the
Board 'shall be submitted to the apiJropriate Coun'ty' staffa minimum of seven d~
~~~~:~~:~n~~~n~i~~ ~~;::I used inpresentatiOn{beforethe Board l"'il
AT.y-pet1o'1 who-decides to appeal a declsi,;m of the 'Board-wlll'need a record of the
. proceedings pertpinlng thereto and therefore, may need to ensure that ~verbatini
record of the proceedings is made,. which record Includes the ~Imony and evl.
dence upon which the appeal is based. ...-' .' . "'.'~ .
If you are a person with a disability whoneed~anyaccommodation in order to par-
ticipate, in tlie proceeding, youareentltled, at,no'-cost to you,to'the pro"lslon of'
certain assistance. 'Please contact the Collier County Facillties Management Depart~
ment, located .at 3301 Tamiaml Trail East. Building .W. Naples, Floricta 34112, (239)
252-8380. Assisted listening devices for the heating impaired are available in .the
County Commissioners' Office.,... '
BOARD OF COUNTY COMMiSSION.RS
COllIER COUNTY, FLORJDA ' .
. DONNA FIALA. CHAiRMAN
FRED COYLE. VICE-CHAiRMAN
OWIGHTE. BROCK, CLERK
r/emitha ~e~gara, Deputy Clerk
I;mll"'~ 1'1 'n1n
Nil 'R~~f:1f;
Agenda Item No. 8A
February 23. 2010
Page 183 of 189
ORDINANCE NO. 10-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE GOLF
COURSE (GC) ZONING DISTRICT AND THE RURAL
FRINGE MIXED USE DISTRICT-NEUTRAL LANDS ZONING
OVERLAY DISTRICT TO THE AGRICULTURE (A) ZONING
DISTRICT AND THE RURAL FRINGE MIXED USE
DISTRICT-NEUTRAL LANDS ZONING OVERLAY
DISTRICT FOR THE PROJECT KNOWN AS OLDE FLORIDA
GOLF CLUB, LOCATED AT 9405 VANDERBILT BEACH
ROAD EXTENSION, IN SECTION 31, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 554+/- ACRES SUBJECT TO CONDITIONS;
PROVIDING FOR REPEAL OF ORDINANCE 91-16; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Margaret C. Perry, AICP, ofWilsonMiller, Inc., and John Passidomo, Esq.,
representing Olde Florida Golf Club, 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, that:
SECTION ONE:
The zoning classification of the real property more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, located in Section 31, Township 48 South,
Range 27 East, Collier County, Florida, is changed from the Golf Course (GC) Zoning District
and the Rural Fringe Mixed Use District-Neutral Lands Zoning Overlay District to the
Agriculture (A) Zoning District and the Rural Fringe Mixed Use District-Neutral Lands Zoning
Overlay District for a 554+/- acre project known as Olde Florida Golf Club. The appropriate
zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier
O1de Florida Golf Club - RZ- 2008-AR.13951
Rev. 01/13/10
lof2
Agenda Item No. 8A
February 23,2010
Page 184 of 189
County Land Development Code, is/are hereby amended accordingly, subject to the Conditions
of Approval, attached hereto as Exhibit B and incorporated herein and in accordance with the
Map of Future Development Envelope attached hereto as Exhibit "C" and incorporated herein.
SECTION TWO:
Ordinance 91-16 is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shal1 become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners ofColIier County, Florida, this day of ,2010.
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
0(t<V
Heidi Ashton-Cicko
Section Chief, Land Userrransportation
Attachments: Exhibit A - Legal Description
Exhibit B - Conditions of Approval
Exhibit C - Map of Future Development Envelope
08-CPS-{)0902l48
Olde Florida Golf Club - RZ- 2008-AR-139SI
Rev.OIIl3/JO
20f2
Agenda Item No. 8A
February 23, 2010
Page 185 of 189
EXHIBIT A
OLDE FLORIDA GOLF CLUB
LEGAL DESCRIPTION
All of Section 31, Township 48 South, Range 27 East, less that East J.1l of the Northeast 14
thereof, Collier County, Florida.
Agenda Item No. 8A
February 23, 2010
Page 186 of 189
EXHIBIT B
Conditions of Approval
I. The property will retain the Audubon. Cooperative Sanctuary Program for its golf courses,
and it shall be subject to the rules and regulations for golf course operations for properties
designed as neutral lands under the County's Growth Management Plan.
2. The setback on the western boundary of the property shall be 100 feet to allow County to
acquire easements, if needed, in the future.
3. The permitted uses in RFMU District-Neutral Lands are permitted on the property as of
right except for farm labor housing.
4. The accessory uses in the RFMU District-Neutral Lands are permitted on the property as
aCcessory to uses permitted as of right or to approved conditional uses.
5. The following uses in the RFMU District-Neutral Lands are permissible as conditional uses
subject to the standards and procedures established in Section 10.08.00 of the LDC:
a Community facilities, such as places of worship, childcare facilities, cemeteries,
social and fraternal organizations.
b. Multi-family residential structures subject to the following development standards:
(i) Building height limitation: 2 stories
(ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet
on center
(Hi) Setbacks: 50% of the height of the building, but not less than 15 feet
c. Those essential services identified in sections 2.01.03(G)(1) and (G)(3) of the LDC.
08-CPS-00902\42
,,,.......
--
....:""'-
GOLF CLUB OF
THE EVERGlADES
(A)
VANDERBILT BEACH RCW)
Agenda Item No. 8A
February 23. 2010
Exhibit G
VI>CANT (A-MHO)
~
/11I/
I
1&. lYPE "Eli"
LANDSCAPE evfFER
PER !..Dc.
f1,AOPERTY BOUNDARY
I~.)
. - . . ~ .
.-.-.-.-.-.-<XI5TIN'G-.-.'.-
- -. -. -. -. -ObN'StR\IA:"HOO' -.'
-:.:.:.:.:.:~t~Ei-li':':':
,'.... .....,~..~~~,;;",(\~\?:........... ..
.... . .... .,.......<.. ','", '...... ..~..
,,"'... ".",~>,',.,.~::.::~........... <'-" '-,"< "":'-..,". ". '.
~~~;~~~~~~~~~,~
'~~<"" ' ,''':::~'' ,.:..< ":', ,,"'" ~ ", '" , '
. " . !\f.I:U~ .-OFYELQPI.4EN:t. -: \..:
,'. ...,. '.,EN.VE:L..Of'f:,<:':", .
T~%~;t~~~i
>~~>-~~~:.<,>'.~~~~>~~:~~,:.::,,:,>, ">::':~,\~~~:::.~"
~,..,.' ,-,-~"<.,...."~..,,.",.:.,, -"" .,'-',,'.,','" "
"~>:"~:,,.~' "'-~'?,'~~::':>::<~: ~:,"~ <:~~><':> >,", <,~.~>>.~.~>:.
.,., ,- ',' .,' ........, ".,,"" ,..... - .
''-..,..<'...~,> ",'. '0:'" ..... ''\.'~:' '-.:".." -<, ~<-<., ',,,", '",-,' '"
, ',',... "">'.'. ',',,, '" '..:" .... ,.,-. .,".', '~',,, .,.,......., ','" ""
" '. '-. '. " :-/'" , . '. . ',', ' ...... '-' , " , " ',--', , ,,\'
2:~~~><:'"<'::~~>~:_<~-:~:,, ""~~:~~:'~~~~:"~"':'.~ .:'.'
. ":"~ "-"L' "," .,>'"" '~, ,.'",--" '--, ", ", " ' "- , '---.. ". '. -',
, '<:'1.;..1" ,"- "-. "'-'~~~<".<, ..>,. ','
.~~~.... ES5~<"...............,..
'~'t::.:\:""..,,,->,;--, \.,,-.,,".,.,
~~. ,:-. "\><::::-~~~~< .
"-,\""
,""" ,,"
,'-,','
<, '-,
~\>>
<' :::~~<"><......
PER LbO.
NO BUrFER
REOUIRtl)
. . VACANT (A-MHO)
EXISTING CONSERVATION
EASEMENT PElt UlC.
NO BUrrER
REQlJlRtl>
VACI>NT
(A-MHO)
l:5''J'(PtT
LANOSCAPE BUFFtR
PER LDC.
SINGLE FAMILY HOMES (E)
PROJECT:
CLIENT:
OlDE FLORIDA GOLF CLUB
OlDE FLORIDA GOLF CLUB
MAP OF FUTURE DEVELOPMENT ENVELOPE
~""-'U.HJl--olIM't-
Wil_Miller -.~...-._~
"
PfBMen. _ . E<_ . Str\'ey<rI . L_ArdliI.", . rra_.fIoo ConMaIlII
WisonMD/9r. Inc.
OA,T[;
DEC. 2009
II'~NO:
SClJ.t;
N.T.S.
SEe:
w.
R.C;E;
""OJt:C1NO. INDD"NO:
N01 07-015-001 OO-NO'07~00:5
ORVIN B'!' El.IP NO. S."I~ NO,
32fX}B4hyw.&ile2fJ().~Fbrida3<<J5-85D7./"ht'Jnc239-V49""O<<).FII-239-263-6494.~tt--SM>>W~.ccm J.M.L,1322 1 Of::5
No\' 02. 2009 - 14:08:' JlIGI-fTfLlx;\CNG\NOl 07\003-DFGC_(rezonc)\REV01\OD-N0107-00:5001-A..dwg
Agenda Item No. 8A
February 23, 2010
Page 188 of 189
.
,1,LEGEND NOTES: &
1. ALL DEVELOPMENT WIll BE IN COMPLlANC~ WITH THE LOe IN EFFECT AT
THE TIME or DEVELOPMENT,
D 2. THE F'ACrUTII;;S -'NO IMPROVEMENTS SHOWN ON THIS CONCEPTUAl Fi:EZONE
EXISTING CONSERVATION MASTER PlAN, SHAll BE CONSIDERED CONCEPTUAl.. IN NATURE, THE DESIGN,
EASEMENT LOCATION AND. CDNFlGURATION Of THE LAND IMPROV[MENTS SHAlL BE
DEFINED AT SITE: PLAN APPROVAL DR SUBDIVISION PLAT APPROVAL
~ ~ ~
3. LANO USE MEAS ARE CONC~PTUAl. AND SUBJECT TO RELOCATION/CHANGE
PRIOR TO CONSTRUCTION PERMITTING.
- EXISTING NATfV[ VEG:ETAT10N .. THE AREA DEPICTED AS "fUTURE DEVELOPMENT ENVf:lOPC !S THE AREA
WITHIN GOLr COURSE WITHIN WHICH F'UTURE. DMlOPMENT ON THE PROPERlY WILL OCCUR. THE
DEUNEATlON AND OESIGNATION OF A PRESERVE AREA WIll BE MADE AS AND
WHEN REQUIRED BY THE GROWTH MANAGEMENT PlAN AND lAND DEVELOPMENT
REGULATIONS.
CJ FUTURE DEVELOPMENT ENVELOPE
& NATIVE VEGETATION CALCULATION
lIB EXISTING NATJIIE VEGE.TATION REQUIRED
NOT INCLUDED wrrH~ 1--_..
CONSE:RVATION EXISTING NATIVE VEGETATION WITHIN GOLF COURSE Ba..II ACRES
EASEMENT n:1STINC CONSERVATION EASEMENT 51.0 ACRES
EXISTING NAllV[ VEGETATION OUTSIDE: GOLF :1:2.500 ACRES
Wj COURSE
- -
GOLF COURSE BUFfER ZONE TOTAl EXISTINC NATIVE VEGEJ'ATlON :1::;389.4 ACRES
----~ -
--- 1;1:233.6 ACRES
REQUIREO NA.TIVE VEGETATION (60:;)
..
. FUTURE DEVELOPMENT ACCESS PROVIDED
- - -- -
EXISTING NATIVE: VEGETATION WITHIN GOLF COURSE: 88.4 ACRES
--
EXISTING CONSERVAllON EASEMENT 51.0 ACRES
PROJECT BOUNDARY - ..
F'OTENTVo.L NATIVE VEGETATION PRESERVATION AREA
(INCLUDES 150' BUFFER. EXCLUDES NON-NATIVE :t94.2 ACRES
VECElATION)
FUTURE DEVELOP~ENT ARtA -
TOTAL TO BE PROVIDED =:233.5 ACRES
NOTE:
THE ABOVE NATTVE VECETATION CAlCULATIONS ARE APPROXIMATE AND MAY
VAFf'f AT THE TIME OF" DEVELOPMENT. FINAL ACREAGE OF RETAINED NAllVE
VEGETATION SHo\Ll NOT BE LESS THAN 60=: OF THE EXISTING ONSn"E NATIVE
VEGETATION (i.fl., :t23J.6 ACRES)
.
PROJECT: OLOE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE
CLIENT, OLOE FLORIDA GOLF CLUB
Wil.Miller ~""'-"-1A.I~
~b;,.~flI~M'J
SC.'.I.tl N.T.S. 04Tf'
DEC. 2D09
PfInnen . ErQinotn. EcoIogim . Stneycn . lBfltbcapo ~ . TrlfllpCrla60n Conslifanfa s<:c: "'^ FCCE: ""'''''
WilsonMiIIer, Inc. P"vvt....N~07-015_D01 JNOt~ NO:
00-N0107-003
,12GtJBaJey~SUI..200.NepI=.R:JridatJ4t$.B50,.f'fJone 239-649-404(J.Fu. 2>>263-6494.~SI. II'li'Ir.lidr~.cmt ORWN ErtlfJ.ll.' Nol. S~[rr NO;
J.M.l./1322 2 ~ 3
- ^
NOv 02. 200g .. .4.0a. ...1IGkTEl!)C.\ENC\NOI07\DOS OcGI._(re2one)\REVOI\DD_NO,07 UOJ001-A.U'"'9
. , Paoe 189 of 18
I
.& SITE SUMMARY OPEN SPACE AREA
- ._.1-
TOTAl. PROJECT AREA 553.7 ACRES TOTAL PROJECT AREA 553.7 ACRES
_._- -'.._- -
GOLF COURSE REQUIRED OPE:N SPACE (70";) J87.6 ACRES
--
--- ....- EXISTING OPEN SPACE PROVIDED (GOlf COURSE) 274.5 ACRES
EXISTING COl.f COURSE/CLUBHOUSE: 146.7 ACRES -
. EXISTING NATI~ VEGETATION WITHIN GOLF COURSE: ADomO~Al OPEN SPACE REQUIRED 113.1 ACRES
(TO ~EtoWN) 88.4 ACRES
--
EXISTING CONSERVATION EASEMENT 51.0 ACRES
-. -
FUTURE OEVELOPMENT AREA
fUTURE DEVELOPMENT AREA , 92.2 ACRES
100' SETBACK 12.1 ACRES
OlHER AREA. (OUTSIDE DMLOPMENT AREA) 37.5 ACRES
PROJECT: OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE
CLIENT: OLDE FLORIDA GOLF CLUB
Wi/_Miller ~"'R.!A.f~
IIlIof\IIW.Jor:>.-~flAIHl'IrIlIIItIM3
S~''''U:' N.T.$. OAT[:
DEC. 2009
r. &re: 1WI": RGE: ~(v NO:
f'1iml:n . Ef{/Men . Ec%glla ~ SLlwyc:rrJ . /.NldIc8pt}Ar~eets . Trllllporlrl.tion COl'lJlhrd,
WifsonMiller, 100. . P;ro,J[CN00107 015 001 INDEX NO:
DD 1IlO107-003
3200 8tkf 0, SUI'!: 200 . ~s, RMdt 341>5-85" . f'/lanl: 2:J9-649-..f04f). ~ 1>>263-6494 . W=-5ll'c 1t1I'Ii:IIl1sotVI\Ilbr.cQ'JI DiM,. !l'Y/Eot? NO. S~...rl NO:
J.M.L./1322 3 " 3
Agenda Item No. 8A
February 23,2010
9
Nav 02, 2009 - 14:08: ':IIGH-TEliX;\E:NG\N0107\OOJ-OFGC(rcZO"tl)\REVOl \DD- NOl D7-00jOQ1-A.dwg