Ex-parte - McDaniel 09/26/2017 WOLF CREEK RPUD
Ex parte Items - Commissioner vvimam i. IvIcuanIeI, dr.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
07/11/17
Advertised Public Hearings
9.A. ***This item has been continued from the June 27, 2017 BCC meeting.*** This item requires
that ex parte disclosure be provided by Commission members. Should a hearing be held on
this item,all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance No. 2007-46, as amended,the Wolf Creek RPUD,to approve an
insubstantial change to the PUD,to add a preserve exhibit that revises the preserve
configuration for Parcels 3B and 9 only, and providing for an effective date. The subject
property is located on the north side of Vanderbilt Beach Road, approximately one-half mile
west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County,
Florida, consisting of 189± acres. [PDI-PL20160000404] (Mike Bosi, Director,Zoning Division)
n NO DISCLOSURE FOR THIS ITEM
SEE FILE ®Meetings Correspondence ®e-mails UCalls
Met with Bruce Anderson, Terrie Abrams and Bev Smith
n � \
n L�
Ex parte Items - Commissioner McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Advertised Public Hearings
9.A. ***This item has been continued from the July 11, 2017 BCC meeting.***This item requires that
ex parte disclosure be provided by Commission members.Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve an Ordinance
amending Ordinance No. 2007-46, as amended,the Wolf Creek RPUD,to approve an
insubstantial change to the PUD,to add a preserve exhibit that revises the preserve
configuration for Parcels 3B and 9 only, and providing for an effective date. The subject
property is located on the north side of Vanderbilt Beach Road, approximately one-half mile
west of Collier Boulevard, in Section 34, Township 48 South, Range 26 East, Collier County,
Florida, consisting of 189±acres. [PDI-PL20160000404]
NO DISCLOSURE FOR THIS ITEM
E SEE FILE -1 MeetingsC.orrespondence FE-mail (Calls
9.B. ***This item has been continued to the September 26, 2017 BCC meeting and further contin
to the October 10, 2017 meeting.***This item requires that all participants be swornMand ex
parte disclosure be provided by Commission members. Recommendation to approve an
Ordinance amending Ordinance Number 95-33, the Briarwood PUD,as amended,to add 320
multi-family dwelling units in Tract B&C: multi-family residential as an alternative to
commercial development on Tract B& C: commercial community; to add development
standards for Tract B &C multi-family residential;to add Exhibit A-1 Tract B &C Master Plan
and Exhibit A-2 enhancedType D buffer for property consisting of 209.17±acres; located on
the east side of Livingston Road, north of Radio Road, in Section 31,Township 49 South,
Range 26 East, Collier County, Florida; and by providing an effective date. (PL20170000007)
X NO DISCLOSURE FOR THIS ITEM
SEE FILE (Meetings Correspondence DE-mail flCalls
Ex parte Items - Commissioner McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
9.C. ***This item has been continued to the October 10, 2017 BCC Meeting Agenda.***This item
requires that all participants be sworn in and ex parte disclosure be provided by Commission
members. Recommendation to approve an amendment to Ordinance Number 2005-63,as
amended,the Cirrus Pointe RPUD,to reduce the minimum floor area for multi family dwelling
units,and to approve a second amended and restated Affordable Housing Density Bonus
Agreement to allow the Developer to have the option of constructing owner occupied units or
rental units designated as Affordable Housing Units. The subject property, consisting of 9.92±
acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section
14,Township 50 South, Range 25 East, Collier County, Florida. [PUDA- PL20170001626]
X NO DISCLOSURE FOR THIS ITEM
n SEE FILE ['Meetings ❑Correspondence FIE-mail Calls
Consent Agenda
16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Artesia Naples, Phase 4,(Application Number
PL20170001099)approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
E NO DISCLOSURE FOR THIS ITEM
SEE FILE [-Meetings Correspondence E-mail fCalls
16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Price Street Plaza, (Application Number PL20170001084)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
SEE FILE [-Meetings Correspondence FE-mail fCalls
Ex parte Items - Commissioner McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of rronterra Phase 2, (Application Number PL20170000897)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
NO DISCLOSURE FOR THIS ITEM
n SEE FILE nMeetings ❑Correspondence nE-mail PtCalls
16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Bent Creek Preserve Phase 2A(Application Number
PL20160003590)approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE [Meetings [Correspondence EE-mail ❑Calls
Consent Agenda (continued)
16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Oyster Harbor at Fiddler's Creek Phase 2B,
Application Number PL20170001113.
N NO DISCLOSURE FOR THIS ITEM
SEE FILE I 'Meetings ❑Correspondence UE-mail (—Calls
Ex parte Items - Commissioner McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
16.A.7. This item requires that ex parte disclosure be provided by Commission members.Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of ; "§ ,-=1 .« 1 &2,Application Number
PL20160002608.
IX NO DISCLOSURE FOR THIS ITEM
SEE FILE [Meetings Correspondence LE-mail 'Calls
16.A.8. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Tract J-1 at Tails Park, Application Number
PL20170002034.
NI NO DISCLOSURE FOR THIS ITEM
SEE FILE f]Meetings ❑Correspondence DE-mail I (Calls
16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Warm Springs—Phase 2, (Application Number
PL20170001519) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE (Meetings (Correspondence E-mail (Calls
Ex parte Items - Commissioner McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
Consent Agenda (continued)
16.A.10. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Japles Reserve Circle, (Application Number
PL20160000038) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
[ NO DISCLOSURE FOR THIS ITEM
SEE FILE [Meetings (—Correspondence E-mail Calls
16.A.50. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Hadley Place East, (Application Number PL20160002628)
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security. (This is a companion to Agenda Item 17.G).
IX NO DISCLOSURE FOR THIS ITEM
SEE FILE [Meetings [Correspondence [E-mail [Calls
Summary Agenda
17.D. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve an insubstantial change to Ordinance No. 2014-11, as amended, the Lord's Way 30
Acre RPUD,to add one deviation relating to signage,to modify one existing deviation relating
to fences,walls and landscape buffers,to reduce the minimum front and side yard setbacks
and distance between structures for single-family, single-family attached, and two-family and
single-family zero lot line principal structures, and to modify Exhibit C-2,Typical Lot Layout.
The subject property is located on the south side of The Lord's Way, approximately one-
quarter mile east of Collier Boulevard, in Section 14,Township 50 South, Range 26 East, Collier
County, Florida, consisting of±30 acres. [PDI- PL20170000444]
E NO DISCLOSURE FOR THIS ITEM
SEE FILE flMeetings f]Correspondence nE-mail [Calls
Ex parte Items - Commissioner McDaniel
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
09/26/17
17.G. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item,all participants are required to be sworn in. Recommendation to
approve Petition VAC-PL20170002386 to disclaim, renounce and vacate the County and the
public interest in the conservation easement described in O.R. Book 3996, Page 3495, et seq. of
the Official Records of Collier County, Florida.The subject property is located on the northeast
corner of Palm Springs Boulevard and Radio Lane, approximately one half mile west of Collier
Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (This is a
companion to Agenda item 16.A.50).
n NO DISCLOSURE FOR THIS ITEM
F SEE FILE [Meetings UCorrespondence ®E-mail (Calls
GoodnerAngela
From: Richard Yovanovich <ryovanovich@cyklawfirm.com>
Sent: Wednesday, August 23, 2017 4:19 PM
To: SaundersBurt; TaylorPenny; McDanielBill; SolisAndy; FialaDonna; KlatzkowJeff;
CasalanguidaNick; BosiMichael
Cc: Steve Bracci; Keith Gelder; R. Bruce Anderson
Subject: RE:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Dear Commissioners;
Bruce Anderson provided my client confirmation that his client is not relying on any units which may
be owned by my client for the density his client intends to build. Mr. Anderson also assured my client
that his client will be paying its share of the costs associated with the Cost Sharing Agreement based
upon the total units his client is building within its project. These costs include, but are not limited to,
future turn lane and utility relocation costs within Vanderbilt Beach Road which the County intends to
collect from property owners within the Wolf Creek PUD. Based upon those assurances, my client
does not object to the requested PDI.
Richard D. Yovanovich, Esq.
CYK
The Northern Trust Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
P: 239. 298.7561 I F: 239.435.1218
msullivan(a�cvklawfirm.com O l E MAN I Y O V,A N V I H 1K E S T F R
Visit cvklawfirm.com to learn more about us.
+ytetio
a
8 Trusted & Verified
1
FilsonSue
From: FilsonSue on behalf of McDanielBill
Sent: Thursday, August 24, 2017 7:04 AM
To: 'Richard Yovanovich'
Subject: RE:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Mr.Yovanovich,this will acknowledge receipt of your email dated August 23, 2017 regarding Wolf Creek PUD/Vanderbilt
Reserve request for insubstantial change.
William L. McDaniel,Jr.
Commissioner, District 5
3299 Tamiami Trail, East
Naples, FL 34112
239-252-8605
We age
WEB PAGE:
From: Richard Yovanovich [mailto:ryovanovich@cyklawfirm.com]
Sent:Wednesday,August 23, 2017 4:19 PM
To:SaundersBurt<BurtSaunders@colliergov.net>;TaylorPenny<PennyTaylor@colliergov.net>; McDanielBill
<WilliamMcDanielJr@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>;
KlatzkowJeff<JeffKlatzkow@colliergov.net>; CasalanguidaNick<NickCasalanguida@colliergov.net>; BosiMichael
<MichaelBosi@colliergov.net>
Cc:Steve Bracci <steve@braccilaw.com>; Keith Gelder<kgelder@stockdevelopment.com>; R. Bruce Anderson
<rbanderson@napleslaw.com>
Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Dear Commissioners;
Bruce Anderson provided my client confirmation that his client is not relying on any units which may
be owned by my client for the density his client intends to build. Mr. Anderson also assured my client
that his client will be paying its share of the costs associated with the Cost Sharing Agreement based
upon the total units his client is building within its project. These costs include, but are not limited to,
future turn lane and utility relocation costs within Vanderbilt Beach Road which the County intends to
collect from property owners within the Wolf Creek PUD. Based upon those assurances, my client
does not object to the requested PDI.
Richard D. Yovanovich, Esq.
CYK
The Northern Trust Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
P: 239. 298.7561 1 F 239 435 1218
msullivanacykiawfirm.com .
1
Visit cyklawfirm.com to learn more about us.
: 8 •
- Trusted & Verified
2
FilsonSue
From: FilsonSue on behalf of McDanielBill
Sent: Friday, September 1, 2017 1:13 PM
To: 'Bob'
Subject: RE: Petition VAC-PL20170002386
Mr. Colasanti,
This will acknowledge receipt of your September 1, 2017 email expressing your opposition to the proposed:
Petition VAC-PL20170002386 to disclaim, renounce and vacate the County and the public interest in the
conservation easement described in O.R.Book 3996,Page 3495,et seq.,of the Official Records of Collier County,
Florida. The subject property is located on the northeast corner of Palm Springs Boulevard and Radio Lane,
approximately one half mile west of Collier Boulevard,in Section 34,Township 49 South,Range 26 East,Collier
County,Florida.
It is very helpful to receive your input on the issues that concern you. Your opinion is important to me and I will
carefully consider all comments and information when this item is presented to the Board of County
Commissioners. This item is currently scheduled for the September 26, 2017 meeting.
If I can be of assistance to you in the future please do not hesitate to contact my office.
ode
William L. McDaniel,Jr.
Commissioner, District 5
3299 Tamiami Trail, East
Naples, FL 34112
239-252-8605
1111
W
WEB PAGE:
From: Bob [mailto:bobcol@comcast.net]
Sent: Friday,September 1, 2017 12:50 PM
To: McDanielBill<WilliamMcDaniellr@colliergov.net>
Subject: Petition VAC-PL20170002386
Please help deny this petition. The only reason for this is to flood the area behind our house and we still have standing
water every where now and the county has done nothing so far. On the west side they have fish in the drainage ditches
and on the east are full and are growing lily pads.
Robert A. Colasanti
Masco Tile & Brick, Inc.
670 Pine Crest Lane
Naples, FL 34104
Tel/Fax: 239-331-7399
Cell: 781-799-0714
1
FilsonSue
Subject: Bruce Anderson re Wolf Creek Insubstantial PUD Amendment, County Bar Road PUD &
Vanderbilt Commons PUD &GMP Amendments
Location: BCC Office
Start: Fri 6/23/2017 10:30 AM
End: Fri 6/23/2017 11:00 AM
Recurrence: (none)
Organizer: McDanielBill
Michelle 659-4943
Good morning, Sue! Thank you for your time on the phone.
Bruce needs a half hour appointment to discuss three things:
1) Wolf Creek Insubstantial PUD Amendment
2) County Barn Road PUD
3) (and if on the Agenda)Vanderbilt Commons PUD &Growth Management Plan Amendments.
Bruce will be the only attendee.
Let me know if you need anything else.
Michele M. Gowdy
Real Estate Assistant
CHF H V'PASSI[)O 1O Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239) 261-9300 telephone
(239)261-9782 facsimile
mmgowdynapleslaw.com
www.napleslaw.com
1
FilsonSue
Subject: Terrie Abrams 630-244-4800 and Bev Smith regarding reduction in preserves Pristine
Preserves
Location: BCC Office
Start: Mon 6/12/2017 1:00 PM
End: Mon 6/12/2017 1:30 PM
Recurrence: (none)
Organizer: McDanielBill
Ex parte Wolf Creek RPUD
She is from Black Bear Ridge
Developer Sobelco
Terrie.abrams( gmail.com
Commissioner,this is on BCC Agenda for 6/27/17—below is ex sum:
Wolf Creek RPUS
ex sum - 627....
1
FilsonSue
Subject: Bruce Anderson 261-9300 regarding Wolf Creek
Location: PHONE CALL MEETING
Start: Mon 7/3/2017 2:30 PM
End: Mon 7/3/2017 3:00 PM
Recurrence: (none)
Organizer: McDanielBill
He will be in North Carolina next week, so it has to be a call. His cell number is 239.250.2555.
He will be calling you.
Michele M. Gowdy
Real Estate Assistant
CI II-FIN PASSIIX)SIO Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)261-9300 telephone
(239)261-9782 facsimile
mmgowdy c(Dnapleslaw.com
www.napleslaw.com
FilsonSue
From: R. Bruce Anderson <rbanderson@napleslaw.com>
Sent: Monday, July 10, 2017 10:52 AM
To: Steve Bracci
Cc: SaundersBurt;TaylorPenny; McDanielBill; SolisAndy; FialaDonna; KlatzkowJeff;
CasalanguidaNick; BosiMichael; Richard Yovanovich (ryovanovich@cyklawfirm.com)
Subject: Re:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Attachments: image001 jpg; image002.png
All,
If the County had approved the prior owner's conceptual plan, I would have said "approved" and referenced an SDP#.
That prior plan included the existing conceptual preserve area that would now be modified by my client's insubstantial
change application.
The point is that whether the conceptual Preserve is changed or not makes no difference about how many homes can fit
on the land, regardless of the existing or modified preserve area. Opponents claim otherwise.They are simply wrong.
I do have one correction from the project's engineer.The number of dwelling units on the prior owner's plan was 215.
The 254 is the number is the number of remaining unbuilt units approved in the PUD.
Thank You,
R Bruce Anderson
Attorney at Law
Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
Telephone:
239-659-4942 direct
239-261-9300 main
Facsimile:
239-261-0884
RBAnderson@napleslaw.com<mailto:RBAnderson@napleslaw.com>
www.napleslaw.com<http://www.napleslaw.com>
On Jul 7, 2017, at 2:38 PM,Steve Bracci<steve@braccilaw.com<mailto:steve@braccilaw.com>>wrote:
Dear Board—this is in response to Mr. Anderson's email below.
I believe you should ask Mr. Anderson to clarify what he means when he states: "The prior owner of the property had a
site plan for 254 dwelling units on the land now owned by my client, so claims by others that your approval would
somehow increase density are flat out wrong."
The impression left by Mr. Anderson is that the prior 254 site plan was approved by the county, and that the new
presently pending 215 unit site plan now reduces the approved site plan.
Mr.Anderson should clarify whether the county ever approved a 254 site plan, or whether he is instead just referencing
a concept plan on a sheet of paper that was never approved.
Sincerely,
•
Steve Bracci
<image002.png>
Steven J. Bracci, PA,Attorney at Law,9015 Strada Stell Court, Suite 102, Naples, Florida 34109
Office: (239) 596-2635<tel:%28239%29%20596-2635>; Fax: (239)431-6045<tel:%28239%29%20431-6045>; email:
steve@braccilaw.com<mailto:steve@braccilaw.com>
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS
INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION
ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION
CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN
COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR
METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY
NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF
YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL
MESSAGE TO THE SENDER.
From: R. Bruce Anderson [mailto:rbanderson@napleslaw.com]
Sent: Friday,July 7, 2017 1:00 PM
To: burtsaunders@colliergov.net<mailto:burtsaunders@colliergov.net>;
pennytaylor@colliergov.net<mailto:pennytaylor@colliergov.net>; McDanielBill
<WilliamMcDanielJr@colliergov.net<mailto:WilliamMcDanielJr@colliergov.net»;
andysolis@colliergov.net<mailto:andysolis@colliergov.net>; FialaDonna
<DonnaFiala@colliergov.net<mailto:DonnaFiala@colliergov.net»; Klatzkowleff
<JeffKlatzkow@colliergov.net<mailto:JeffKlatzkow@colliergov.net»;
nickcasalanguida@colliergov.net<mailto:nickcasalanguida@colliergov.net>;
michaelbosi@colliergov.net<mailto:michaelbosi@colliergov.net>
Cc: Steve Bracci <steve@braccilaw.com<mailto:steve@braccilaw.com»; Richard Yovanovich
(ryovanovich@cyklawfirm.com<mailto:ryovanovich@cyklawfirm.com>)
<ryovanovich@cyklawfirm.com<mailto:ryovanovich@cyklawfirm.com>>
Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Importance: High
Dear Commissioners, Mr Klatzkow, Mr Casalanguida and Mr Bosi,This email is in response to correspondence sent to
you by Mr Bracci and Mr Yovanovich concerning a private disagreement about ownership of unbuilt dwelling units in the
Wolf Creek PUD.
My client's application is for an Insubstantial Change to a PUD ("PDI") master plan to reconfigure a conceptual preserve
area depicted on that plan, nothing else.The reconfiguration does reduce the conceptual preserve area on the master
plan on my client's property, however,the PUD preserve requirement is not being changed and will remain in
compliance if my client's application is approved.The only question for the BCC to decide is the single simple
insubstantial change applied for:
IS THERE SOME ENVIRONMENTAL REASON THAT THE COUNTY SHOULD NOT APPROVE WHAT THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT HAS APPROVED,TO
ALLOW THE PROPERTY OWNER TO IMPACT AN ISOLATED URBAN WETLAND ON HIS PROPERTY AND MITIGATE FOR IT
BY RESTORING WETLANDS AT THE PANTHER ISLAND
MITIGATION BANK ON AN OLD FARM FIELD OWNED BY THE AUDUBON SOCIETY CONNECTED TO THE BIG
CORKSCREW SWAMP SANCTUARY?
2
The Water Management District claimed jurisdiction on the isolated wetland and issued its approval for the landowner
to impact the wetland and mitigate offsite on much more environmentally valuable lands. The County, as recommended
by your Planning Director,should also approve that change by approving the insubstantial PUD change.
My client has several different site plans with differing numbers of dwelling units it is considering. The prior owner of the
property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your
approval would somehow increase density are flat out wrong. Approval of my client's insubstantial change to the PUD
master plan has nothing to do with how many homes he can build, whether that be 254 proposed by the prior owner or
a lesser number.
Allowable density is not at issue.
My client believes that prior 254 unit plan results in an inferior housing product, and he seeks to reconfigure the
preserve area to provide deeper lots, and a better housing product at a density at least 15% less than that planned by
the prior owner.
Please contact me if you have any questions.
Thank you very much.
Sincerely, Bruce Anderson
R. Bruce Anderson
Attorney at Law
<image001.jpg>
Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239) 659-4942 direct
(239) 261-9300 telephone
(239) 261-9782 facsimile
rbanderson@napleslaw.com<mailto:rbanderson@napleslaw.com>
www.napleslaw.com<http://www.napleslaw.com>
This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain
information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe
that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300
and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure,
dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions
presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From: Steve Bracci [mailto:steve@braccilaw.com]
Sent: Wednesday,July 05, 2017 5:30 PM
To: KlatzkowJeff<JeffKlatzkow@colliergov.net<mailto:JeffKlatzkow@colliergov.net»
Cc: burtsaunders@colliergov.net<mailto:burtsaunders@colliergov.net>;
pennytaylor@colliergov.net<mailto:pennytaylor@colliergov.net>; McDanielBill
<WilliamMcDanielJr@colliergov.net<mailto:WilliamMcDanielJr@colliergov.net»;
andysolis@colliergov.net<mailto:andysolis@colliergov.net>; FialaDonna
<DonnaFiala@colliergov.net<mailto:DonnaFiala@colliergov.net»; R. Bruce Anderson
<rbanderson@napleslaw.com<mailto:rbanderson@napleslaw.com»
Subject: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
3
Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its
members.
Sincerely,
Steve Bracci
<image002.png>
Steven J. Bracci, PA, Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109
Office: (239) 596-2635<tel:%28239%29%20596-2635>; Fax: (239) 431-6045<tel:%28239%29%20431-6045>; email:
steve@braccilaw.com<mailto:steve@braccilaw.com>
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS
INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION
ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION
CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN
COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE OR
METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY
NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF
YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL
MESSAGE TO THE SENDER.
4
FilsonSue
From: Steve Bracci <steve@braccilaw.com>
Sent: Friday, July 7, 2017 4:25 PM
To: Richard Yovanovich; R. Bruce Anderson; SaundersBurt; TaylorPenny; McDanielBill;
SolisAndy; FialaDonna; KlatzkowJeff; CasalanguidaNick; BosiMichael
Subject: RE:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Attachments: CSA - Density - Runs with the Land.pdf; Re: Wolf Creek PUD/Vanderbilt Reserve
request for insubstantial change
Dear Commissioners:
Black Bear Ridge concurs with Mr.Yovanovich's assertion that the presently pending 215 unit Pristine Reserve site plan
exceeds the allowable 80 units density on the Mederos parcel. Black Bear Ridge also concurs with Mr.Yovanovich's
concern about Mr. Anderson's representation to the board about Pristine Preserve needing a preserve reduction to
accommodate larger lot sizes,when in fact the pending site plan indicates that it is really needed to accommodate a
density increase. Black Bear Ridge also concurs with Mr. Yovanovich that any board approval of a reduction in preserve
area should be with a stipulation that development of the Mederos parcel is limited to 80 units, since the owner elected
to go the "insubstantial change" route rather than the "substantial change" route.
As to who owns the remaining 103 density units per the Cost Sharing Agreement, Black Bear Ridge disagrees with Mr.
Yovanovich. Notwithstanding all of the documentation that Mr. Yovanovich just provided you,the fact is that the Cost
Sharing Agreement allocates density, and it is clear that the density"shall run with the Parcels." See the attached two
pages from the Cost Sharing Agreement highlighting these provisions.
Since all of the Black Bear Ridge lots are now privately owned, and Stock turned over control of the HOA(and thus the
common area) in 2013, Black Bear Ridge residents and their HOA now own 100%of the Black Bear Ridge "Parcel" and
Stock owns 0%. Since the Cost Sharing Agreement provides that the density"shall run with the Parcels," Black Bear
Ridge owns the density, not Stock. While Mr.Yovanovich states that "at no time was the excess density assigned to
[Black Bear Ridge]," the Cost Sharing Agreement clearly provides that the benefits run with the land and "without the
necessity of a formal assignment."
Black Bear Ridge appreciates that Stock is doing the right thing as the developer by re-committing to complete its
already-existing obligation to pay for the off-site intersection improvements at Vanderbilt Beach Road and Pristine Drive.
This has been a documented developer obligation since as far back as 2005.
Sincerely,
Steve Bracci
\lay n
ttNil
rte,, •b.,
Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109
Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com
1
•
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF
THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE
DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN
RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE
OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.
From: Richard Yovanovich [mailto:ryovanovich@cyklawfirm.com]
Sent: Friday,July 7, 2017 3:48 PM
To: R. Bruce Anderson<rbanderson@napleslaw.com>; burtsaunders@colliergov.net; pennytaylor@colliergov.net;
McDanielBill <WilliamMcDanielJr@colliergov.net>; andysolis@colliergov.net; FialaDonna <DonnaFiala@colliergov.net>;
KlatzkowJeff<JeffKlatzkow@colliergov.net>; nickcasalanguida@colliergov.net; michaelbosi@colliergov.net
Cc:Steve Bracci<steve@braccilaw.com>
Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Dear Commissioners,
The petition before the BCC pertains to the modification of the preserve area. As I previously stated, it is my
understanding that the Mederos parcel is limited to a density of 80 units. Mr. Bracci provided you with some of the
legislative history supporting my understanding with regards to the PUD limiting density. Mr. Anderson stated to the
BCC that the change in preserve area is related to increasing the lot size. However,the current plat submitted by his
client clearly shows the purpose is to increase density beyond the PUD permitted density of 80 units for the Mederos
parcel. Increasing density cannot occur through the Insubstantial Change process. Therefore, as long as the approval of
the reduction in preserve size is conditioned upon development of the Mederos parcel being limited to 80 units, my
client does not object to the petition filed by Mr. Anderson's client.
I appreciate that the prior property owner had other site plans with a higher density. However,there is no evidence
that the prior site plans were approved by the County. Accordingly,the prior site plans are irrelevant and not consistent
with the PUD.
As to the ownership of the 103 units,that is a private matter. We do not agree with Mr. Bracci's position on ownership
of the units. Because Mr. Bracci spent most of his allotted time addressing ownership of the excess units,we are
providing copies of some documents addressing the density rights in the PUD. The Purchase and Sale Agreement clearly
identifies that Stock Development purchased the excess density. Also attached is an assignment document assigning
developer rights to Black Bear Ridge Naples, LLC. Finally,the Cost Sharing Agreement addresses the excess density. At
no time was the excess density assigned to Mr. Bracci's client.
Mr. Bracci also spent a lot of time addressing the payment for the intersection improvements at Pristine Drive and
Vanderbilt Beach Road. My client has already agreed to pay the 30% share of Black Bear Ridge set forth in the Cost
Sharing Agreement for the right and left turn lanes at Pristine Drive and Vanderbilt Beach Road.The 30%share was
based upon an allotted density of 203 units. Only 100 units were built. Black Bear Ridge, LLC remains the owner of the
unbuilt 103 units. The unbuilt units have not been assigned to the residents of Black Bear Ridge or to the Homeowner's
Association.
Please contact me if you have any further questions.
2
Richard D. Yovanovich Esq. COLEMAN
Coleman Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite
300 Naples, Florida 34103
(239) 435-3535 KCS E STE R
(239) 435-1218 (f)
This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential and exempt from disclosure
under applicable law.If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you
are hereby notified that any dissemination,distribution or copy of this communication is strictly prohibited.If you have received this communication in error,please notify us
immediately by telephone and return the original message to us at the above email address.Thank you.
From: R. Bruce Anderson [mailto:rbanderson@napleslaw.com]
Sent: Friday,July 7,2017 1:00 PM
To: burtsaunders@colliergov.net;pennytavlor@colliergov.net; McDanielBill<WilliamMcDanielJr@colliergov.net>;
andysolis@colliergov.net; FialaDonna<DonnaFiala@colliergov.net>; KlatzkowJeff<JeffKlatzkow@colliergov.net>;
nickcasalanguida@colliergov.net; michaelbosi@colliergov.net
Cc:Steve Bracci<steve@braccilaw.com>; Richard Yovanovich<ryovanovich@cyklawfirm.com>
Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Importance: High
Dear Commissioners, Mr Klatzkow, Mr Casalanguida and Mr Bosi,
This email is in response to correspondence sent to you by Mr Bracci and Mr Yovanovich concerning a private
disagreement about ownership of unbuilt dwelling units in the Wolf Creek PUD.
My client's application is for an Insubstantial Change to a PUD ("PDI") master plan to reconfigure a conceptual preserve
area depicted on that plan, nothing else.The reconfiguration does reduce the conceptual preserve area on the master
plan on my client's property, however,the PUD preserve requirement is not being changed and will remain in
compliance if my client's application is approved.The only question for the BCC to decide is the single simple
insubstantial change applied for:
IS THERE SOME ENVIRONMENTAL REASON THAT THE COUNTY SHOULD NOT APPROVE WHAT THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT HAS APPROVED,TO
ALLOW THE PROPERTY OWNER TO IMPACT AN ISOLATED URBAN WETLAND ON HIS PROPERTY AND MITIGATE FOR IT
BY RESTORING WETLANDS AT THE PANTHER ISLAND
MITIGATION BANK ON AN OLD FARM FIELD OWNED BY THE AUDUBON SOCIETY CONNECTED TO THE BIG
CORKSCREW SWAMP SANCTUARY?
The Water Management District claimed jurisdiction on the isolated wetland and issued its approval for the landowner
to impact the wetland and mitigate offsite on much more environmentally valuable lands. The County, as recommended
by your Planning Director,should also approve that change by approving the insubstantial PUD change.
My client has several different site plans with differing numbers of dwelling units it is considering.The prior owner of the
property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your
approval would somehow increase density are flat out wrong. Approval of my client's insubstantial change to the PUD
master plan has nothing to do with how many homes he can build, whether that be 254 proposed by the prior owner or
a lesser number.
Allowable density is not at issue.
My client believes that prior 254 unit plan results in an inferior housing product, and he seeks to reconfigure the
preserve area to provide deeper lots,and a better housing product at a density at least 15% less than that planned by
the prior owner.
Please contact me if you have any questions.
3
Thank you very much.
Sincerely, Bruce Anderson
R. Bruce Anderson
Attorney at Law
CHFFF=Y P1 SSII)OMo Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)659-4942 direct
(239)261-9300 telephone
(239)261-9782 facsimile
rbandersonnapleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by retum e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From:Steve Bracci [-mailto:steve@braccilaw.com]
Sent:Wednesday,July 05,2017 5:30 PM
To: Klatzkowleff<ieffKlatzkow(alcolliergov.net>
Cc: burtsaunders@colliergov.net;pennytaylor@colliergov.net; McDanielBill<WilliamMcDanielJr@colliergov.net>;
andysolis@colliergov.net; FialaDonna<DonnaFiala@colliergov.net>; R. Bruce Anderson<rbanderson@napleslaw.com>
Subject:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its
members.
Sincerely,
Steve Bracci
\Ati «
Str-v,n.1.Itt.trB
Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109
Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF
THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE
DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN
RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE
OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.
4
OR: 3635 PG: 1677
construction of Segment 2 shall be deemed to be the payment of said owner(s)fair share of the cost of the
North-South Road with respect to Parcel 3.
7. Wolf Creek PUD.
(a) Allocation. The Wolf Creek PUD encompasses Parcel 1,Parcel 2,Parcels 4 through
6, inclusive, and Parcels 7 through 9, inclusive. The Wolf Creek PUD permits 591 residential dwelling
units. Unless otherwise provided herein, density shall not be transferred from one parcel to another
r` X within the Wolf Creek PUD without prior written permission of the owner of the property losing density.
The Wolf Creek PUD allocated the 591 residential units as follows and as shown on Exhibit"F"attached
hereto and made a part hereof:Parcel 1-64 units;Parcel 7-41 units;and all other parcels in the PUD-81
units each. Upon the execution of this Agreement, 41 dwelling units each shall be automatically
_-; ': transferred from each of Parcels 4, Parcel 5, and Parcel 6, at no cost, to Parcel 1, with a total resulting
transfer of 123 units to Parcel 1. Accordingly,the number of residential units allocated to Parcel 1 under
the Wolf Creek PUD shall be 187.
(b) Option to Purchase Additional Density. The owner of Parcel 1 and Parcel 2
("Purchaser")shall have the option to purchase(in addition to the density allocated to Parcel 1 and Parcel
pursuant to subsection (a) hereof) from the owner of_Parcels 7 through 9, inclusive, ("Seller") up to 92
dwelling units which have been allocated •• - • • `� ction (a) hereof to Parcels 7 through 9,
inclusive. Said option may be exer'` 4M re than two transactions on or before
December 31, 2005 ("Expiration D't the purchase priceh individual dwelling unit shall be
\eao$500.00. In the event Purchaser lec �to exercise this option, chi shall,on or before the Expiration
Date, notify Seller of the num er of ut of�" . Clo 'ng f any such purchase of dwelling
units shall occur within 20 dayfr of,Seller's re•-' • notice from ch .ser. The purchase price shall be
paid in cash,wired funds,or a case s c , _ii a • '41a an'Office in Collier County,Florida
or such other method as may he a s e tabl tc 1 . 1-'s ole'discretion. Seller shall have the
sole discretion to determine a` ling i aie-'a$signed. Purchaser shall pay all
costs associated with the to at
er\of dwelling units. Viis o.tion' till terminate on midnight of the
Expiration Date and be of no ft.4ir orce andhall ha
. ` ,
�;
(c) Contingency. In � , t any statute, law •�im�ance,resolution,rule,or regulation is
adopted and enforced by the state, u y- •• •-+ : ,. A entity (or any agency or department
thereof) that would have the effect of ••,•• lilt- •1 1 e number of dwelling units that can be
constructed within the Wolf Creek PUD(in its entire ,the parties agree that Parcel 1 and Parcel 2 shall
be collectively allocated 33%of any such temporary allocation and Parcels 4 through 9 shall be allocated
67% of any such temporary allocation; provided, however,that such temporary allocation shall not have
the effect of reallocating density among the parcels. For the purposes of this paragraph only, the term
"temporary"shall mean for a period of no more than twelve(12)months.
8. Native Vegetation. Unless otherwise agreed by the owners of the various Parcels, all
Parcels within the Wolf Creek PUD shall be designed to stand alone. All Parcels with indigenous native
vegetation, as determined by Collier County, will be required to preserve or replant 25% of such native
vegetation,as described in Section 3.9.5.5.3 of the Collier County Land Development Code, as amended,
or in the event of a repeal of said section, such other section of the Collier County Land Development
Code controlling the same subject matter. Each of the Parcels shall provide for its own native vegetation
requirements as shown within the Collier County approved environmental impact study that was
submitted in conjunction with the Wolf Creek PUD rezoning petition,unless otherwise agreed to by any
one or more Parcels owners. Parcels providing in excess of 25% native vegetation can transfer such
credit to another Parcel under different ownership only upon written agreement of the property owner
transferring the excess credit.
6
OR: 3635 PG: 1685
provision shall be modified to the minimum extent necessary to make it or its application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreement and all other
applications of any such term or provision shall not be affected thereby,and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
17. Modifications. Except as expressly provided herein, this Agreement may not be
modified in any respect whatsoever or rescinded, in whole or in part, except by the consent of the
owner(s) of the Parcels, and then only by written instrument duly executed, acknowledged by all of said
owners,and recorded in the Public Records of Collier County,Florida. No modification or termination of
this Agreement shall affect the rights of any lienholder of any portion of any of the Parcels unless the
lienholder consents in writing to the modification or termination.
18. Covenants Running with Land. All of the provisions of this Agreement,including all of
A the benefits and burdens described herein,shall run with the Parcels and shall be binding upon the Parcels
and the successors in title to each of the Parcels. The rights and obligations in and to this Agreement are
and shall be assignable to any and all successors in title to each of the Parcels,without the necessity of a
formal assignment. However, should any party acquiring title to any of the Parcels request a formal
assignment,the parties hereto agree to cooperate in the approval and execution of any such assignment.
19. Interpretation of
rp q kth ''q-xpressly provided, the term"owner"when
qmsmim*'
used in this Agreement shall be deeme• •. u- me and meaty er and the owner's successors,assigns,
or successor in title. d ` �'*
20. Integration. s •gre embQdieseentire and tanding of the parties with respect
to the subject matter herein,an4 the a-- , ; s se p all prior understandings.
7
21. Counters 's�gr m nj)mil
exec a in '1number of counterparts,each of
which shall be deemed to be as s oture appears thereon and all of
which shall together constitute ,, d the same instrumeii /,;,,,,)/
-ft
22. Recording. This dent shall be recorde u `Public Records of Collier County,
Florida. \.(:),t,(>,,,,„____.. -- ''-- \' /
c-:
•
{SIGNATURES BEGIN ON NEXT PAGE)
14
FilsonSue
From: FilsonSue on behalf of McDanielBill
Sent: Friday,July 7, 2017 2:15 PM
To: 'R. Bruce Anderson'
Subject: RE: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Mr. Anderson,this will acknowledge receipt of your July 7, 2017 email regarding the Wolf Creek PUD/Vanderbilt Reserve
request for insubstantial change. I will carefully consider all comments and information as the item is presented to the
Board of County Commissioners.
If I can be of assistance to you in the future, please do not hesitate to contact my office.
geet
William L. McDaniel,Jr.
Commissioner, District 5
3299 Tamiami Trail, East
Naples, FL 34112
239-252-8605
WEB PAGE:
Subscribe to our mailing list:
From: R. Bruce Anderson [mailto:rbanderson@napleslaw.com]
Sent: Friday,July 7, 2017 1:00 PM
To:SaundersBurt<BurtSaunders@colliergov.net>;TaylorPenny<PennyTaylor@colliergov.net>; McDanielBill
<WilliamMcDanielJr@colliergov.net>;SolisAndy<AndySolis@colliergov.net>; FialaDonna <DonnaFiala@colliergov.net>;
KlatzkowJeff<JeffKlatzkow@colliergov.net>; CasalanguidaNick<NickCasalanguida@colliergov.net>; BosiMichael
<MichaelBosi@colliergov.net>
Cc:Steve Bracci <steve@braccilaw.com>; Richard Yovanovich (ryovanovich@cyklawfirm.com)
<ryovanovich@cyklawfirm.com>
Subject: RE:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Importance: High
Dear Commissioners, Mr Klatzkow, Mr Casalanguida and Mr Bosi,
This email is in response to correspondence sent to you by Mr Bracci and Mr Yovanovich concerning a private
disagreement about ownership of unbuilt dwelling units in the Wolf Creek PUD.
My client's application is for an Insubstantial Change to a PUD ("PDI") master plan to reconfigure a conceptual preserve
area depicted on that plan, nothing else.The reconfiguration does reduce the conceptual preserve area on the master
plan on my client's property, however,the PUD preserve requirement is not being changed and will remain in
compliance if my client's application is approved. The only question for the BCC to decide is the single simple
insubstantial change applied for:
IS THERE SOME ENVIRONMENTAL REASON THAT THE COUNTY SHOULD NOT APPROVE WHAT THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT HAS APPROVED,TO
1
ALLOW THE PROPERTY OWNER TO IMPACT AN ISOLATED URBAN WETLAND ON HIS PROPERTY AND MITIGATE FOR IT
BY RESTORING WETLANDS AT THE PANTHER ISLAND
MITIGATION BANK ON AN OLD FARM FIELD OWNED BY THE AUDUBON SOCIETY CONNECTED TO THE BIG
CORKSCREW SWAMP SANCTUARY?
The Water Management District claimed jurisdiction on the isolated wetland and issued its approval for the landowner
to impact the wetland and mitigate offsite on much more environmentally valuable lands. The County, as recommended
by your Planning Director, should also approve that change by approving the insubstantial PUD change.
My client has several different site plans with differing numbers of dwelling units it is considering.The prior owner of the
property had a site plan for 254 dwelling units on the land now owned by my client, so claims by others that your
approval would somehow increase density are flat out wrong. Approval of my client's insubstantial change to the PUD
master plan has nothing to do with how many homes he can build,whether that be 254 proposed by the prior owner or
a lesser number.
Allowable density is not at issue.
My client believes that prior 254 unit plan results in an inferior housing product, and he seeks to reconfigure the
preserve area to provide deeper lots, and a better housing product at a density at least 15% less than that planned by
the prior owner.
Please contact me if you have any questions.
Thank you very much.
Sincerely, Bruce Anderson
R. Bruce Anderson
Attorney at Law
CHEFFY PASSII)OLIO Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)659-4942 direct
(239) 261-9300 telephone
(239)261-9782 facsimile
rbanderson(anapleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From:Steve Bracci [mailto:steve@braccilaw.comj
Sent:Wednesday,July 05, 2017 5:30 PM
To: KlatzkowJeff<JeffKlatzkow@colliergov.net>
Cc: burtsaunders@colliergov.net;pennytaylor@colliergov.net; McDanielBill<WilliamMcDanielJr@colliergov.net>;
andysolis@colliergov.net; FialaDonna<DonnaFiala@colliergov.net>; R. Bruce Anderson<rbanderson@napleslaw.com>
Subject:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its
members.
Sincerely,
Steve Bracci
2
„in
Mon
&e en J.Brunt PA
Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109
Office: (239) 596-2635; Fax: (239)431-6045; email: stevePbraccilaw.com
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF
THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE
DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN
RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE
OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.
3
FilsonSue
From: FilsonSue on behalf of McDanielBill
Sent: Thursday, July 6, 2017 7:12 AM
To: 'Steve Bracci'
Subject: RE:Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Mr. Bracci,
This will acknowledge receipt of your July 5, 2017 email and attachments regarding the Wolf Creek PUD/Vanderbilt
Reserve request for insubstantial change. Your opinion is important to me and I will carefully consider all comments and
information when this item is presented to the Board of County Commissioners.
If I can be of assistance to you in the future please do not hesitate to contact my office.
aye
William L. McDaniel,Jr.
Commissioner, District 5
3299 Tamiami Trail, East
Naples, FL 34112
239-252-8605
WEB PAGE: —,, ,,
•
Subscribe to our mailing list:
From:Steve Bracci [mailto:steve@braccilaw.com]
Sent:Wednesday,July 5, 2017 5:30 PM
To: KlatzkowJeff<JeffKlatzkow@colliergov.net>
Cc:SaundersBurt<BurtSaunders@colliergov.net>; TaylorPenny<PennyTaylor@colliergov.net>; McDanielBill
<WilliamMcDanielJr@colliergov.net>; SolisAndy<AndySolis@colliergov.net>; FialaDonna<DonnaFiala@colliergov.net>;
rbanderson@napleslaw.com
Subject: Wolf Creek PUD/Vanderbilt Reserve request for insubstantial change
Dear Jeff and others, please see the attached letter and attachments on behalf of Black Bear Ridge HOA and its
members.
Sincerely,
Steve Bracci
1
Str1 en J Rr;w i.P
Steven J. Bracci, PA,Attorney at Law, 9015 Strada Stell Court, Suite 102, Naples, Florida 34109
Office: (239) 596-2635; Fax: (239)431-6045; email: steve@braccilaw.com
THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF
THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE
DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN. USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN
RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. NO TRANSMISSION OF UNDERLYING CODE
OR METADATA IS INTENDED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.
2
FilsonSue
From: Michele M. Gowdy <mmgowdy@napleslaw.com>
Sent: Thursday,June 29, 2017 11:42 AM
To: FilsonSue
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
I'm sorry I'm contagious!
Happy Friday Eve to you, and thanks!
Michele M. Gowdy
Real Estate Assistant
CHFH Y PASSI1X)Mt() Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)261-9300 telephone
(239) 261-9782 facsimile
mmoowdy(a�napleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From: FilsonSue [mailto:SueFilson@colliergov.net]
Sent:Thursday,June 29, 2017 11:41 AM
To: Michele M.Gowdy<mmgowdy@napleslaw.com>
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Okay, I marked his calendar accordingly. Have a great day. I think your day must have rubbed off on me. I just had to
do an appointment twice. Ha ha
Have a great day.
Sue
From: Michele M. Gowdy [mailto:mmgowdy@napleslaw.com]
Sent:Thursday,June 29, 2017 11:28 AM
To: FilsonSue<SueFilson( colliergov.net>
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
He will be in North Carolina next week, so it has to be a call. His cell number is 239.850.2555.
He will be calling you.
1
Michele M. Gowdy
Real Estate Assistant
C:1 if E 1 l' P\S 11)t)\t ) Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)261-9300 telephone
(239)261-9782 facsimile
mmgowdyCc�napleslaw.com
www.napleslaw.corn
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From: FilsonSue [mailto:SueFilson@colliergov.net]
Sent:Thursday,June 29, 2017 11:27 AM
To: Michele M. Gowdy<mmgowdy@napleslaw.corn>
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Oh, I actually did a meeting—does he only want a phone call????? Can you please give me Bruce's cell again?
Thank you and not to worry; I have days like that too.
Sue
From: Michele M.Gowdy [mailto:mmgowdy@napleslaw.com]
Sent:Thursday,June 29, 2017 11:17 AM
To: FilsonSue< >
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Yes, I mean Bruce. (I'm sorry, I'm being pulled in a million directions this morning. I'm lucky I know MY
name! LOL!) That is perfect. It will be a short 15 minute phone call.
Thanks for getting back to me.
Michele M. Gowdy
Real Estate Assistant
P?AS'I1 X)Mtt) Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239) 261-9300 telephone
(239)261-9782 facsimile
mmgowdy c(�napleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
2
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From: FilsonSue [_rilto S e !son.Pcolliergov.net]
Sent:Thursday,June 29, 2017 11:11 AM
To: Michele M. Gowdy<.i napleslawco >
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
I assume you mean Bruce??? Is he available on Monday,July 3rd at 2:30?
Sue
From: Michele M. Gowdy [mailto:mmgowdy@napleslaw.con]
Sent:Thursday,June 29,2017 11:05 AM
To: BrownleeMichael<;MicihaelBrowniee@colliergov.net>;GoodnerAngela<AngelaGoodner@colliergov.net>;
LykinsDave< hs@colliergov.net>; FilsonSue<SueFilson@colllergov.net>
Subject: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Good morning!
I would like to coordinate with you on a 15 minute phone call or meeting with each of your Commissioners regarding the
Wolf Creek item that has been postponed to the July 11th BBC meeting.
Kindly advise of any availability between now and the 10th
Thanks, and I look forward to hearing from you soon.
Michele M. Gowdy
Real Estate Assistant
CHF PAW IX)M() Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239) 261-9300 telephone
(239)261-9782 facsimile
mmgowdyCa)napleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e--mail are those of the author and do not necessarily represent those of the law firm.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead. contact this office by telephone or in writing.
3
FilsonSue
From: Michele M. Gowdy <mmgowdy@napleslaw.com>
Sent: Thursday, June 29, 2017 11:28 AM
To: FilsonSue
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
He will be in North Carolina next week, so it has to be a call. His cell number is 239.850.2555.
He will be calling you.
Michele M. Gowdy
Real Estate Assistant
CI IF.FF1. R,\SSl1)OM() Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)261-9300 telephone
(239)261-9782 facsimile
mmgowdynapleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From: FilsonSue [mailto:SueFilson@colliergov.net]
Sent:Thursday,June 29, 2017 11:27 AM
To: Michele M.Gowdy<mmgowdy@napleslaw.com>
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Oh, I actually did a meeting—does he only want a phone call????? Can you please give me Bruce's cell again?
Thank you and not to worry; I have days like that too.
Sue
From: Michele M. Gowdy [mailto_mmgowdy@napleslaw.com]
Sent:Thursday,June 29, 2017 11:17 AM
To: FilsonSue<SueFilson@colliergov.net>
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Yes, I mean Bruce. (I'm sorry, I'm being pulled in a million directions this morning. I'm lucky I know MY
name! LOL!) That is perfect. It will be a short 15 minute phone call.
Thanks for getting back to me.
1
Michele M. Gowdy
Real Estate Assistant
CHER:).PASSUX)M() Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)261-9300 telephone
(239) 261-9782 facsimile
mmgowdy annapleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From: FilsonSue [mailto:SueFilson@colliergov.net]
Sent:Thursday,June 29, 2017 11:11 AM
To: Michele M. Gowdy< & .nleslaw cori >
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
I assume you mean Bruce??? Is he available on Monday,July 3rd at 2:30?
Sue
From: Michele M. Gowdy [mailto:mmgowdy@napleslaw.com]
Sent:Thursday,June 29, 2017 11:05 AM
To: BrownleeMichael<MichaelBrowniee@colliergov.net>; GoodnerAngela<AngelaGoodner(a colliergov.net>;
LykinsDave<DaveLykinsPcolliergov.net>; FilsonSue<SueFiison@colliergov.net>
Subject: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Good morning!
I would like to coordinate with you on a 15 minute phone call or meeting with each of your Commissioners regarding the
Wolf Creek item that has been postponed to the July 11th BBC meeting.
Kindly advise of any availability between now and the 10th
Thanks, and I look forward to hearing from you soon.
Michele M. Gowdy
Real Estate Assistant
CHEF+Y PASSIIX?M O Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239) 261-9300 telephone
(239)261-9782 facsimile
mmgowdy@napleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by retum e-mail or by telephoning us(collect)at 239-261-9300
2
and delete this copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. |nahead, contact this office by telephone or in writing.
FilsonSue
From: Michele M. Gowdy <mmgowdy@napleslaw.com>
Sent: Thursday,June 29, 2017 11:17 AM
To: FilsonSue
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Attachments: RE:'Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Yes, I mean Bruce. (I'm sorry, I'm being pulled in a million directions this morning. I'm lucky I know MY
name! LOL!) That is perfect. It will be a short 15 minute phone call.
Thanks for getting back to me.
Michele M. Gowdy
Real Estate Assistant
PASSI x M 0 Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239) 261-9300 telephone
(239)261-9782 facsimile
mmgowdy(a�napleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
From: FilsonSue [mailto:SueFilson@colliergov.net]
Sent:Thursday,June 29, 2017 11:11 AM
To: Michele M.Gowdy<mmgowdy@napleslaw.com>
Subject: RE: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
I assume you mean Bruce??? Is he available on Monday,July 3rd at 2:30?
Sue
From: Michele M. Gowdy [rnailto:mmgowdy@napleslaw.com]
Sent:Thursday,June 29,2017 11:05 AM
To: BrownleeMichael<MichaelBrownlee@colliergov.net>;GoodnerAngela<AngelaGoodner@colliergov.net>;
LykinsDave<DaveLykins@colliergov.net>; FilsonSue<SueFilson@colliergov.net>
Subject: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Good morning!
I would like to coordinate with you on a 15 minute phone call or meeting with each of your Commissioners regarding the
Wolf Creek item that has been postponed to the July 11th BBC meeting.
1
Kindly advise of any availability between now and the 10th
Thanks, and I look forward to hearing from you soon.
Michele M. Gowdy
Real Estate Assistant
CH EFFY PASS!IX)1(() Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239)261-9300 telephone
(239)261-9782 facsimile
mmgowdv(a7napleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by retum e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
FilsonSue
From: Michele M. Gowdy <mmgowdy@napleslaw.com>
Sent: Thursday,June 29, 2017 11:05 AM
To: BrownleeMichael; GoodnerAngela; LykinsDave; FilsonSue
Subject: Phone Conference Regarding Wolf Creek Agenda Item July 11th.
Good morning!
I would like to coordinate with you on a 15 minute phone call or meeting with each of your Commissioners regarding the
Wolf Creek item that has been postponed to the July 11th BBC meeting.
Kindly advise of any availability between now and the 10th
Thanks, and I look forward to hearing from you soon.
•
Michele M. Gowdy
Real Estate Assistant
C,E-{E:FEY PASSE[))\IO Cheffy Passidomo, P.A.
821 5th Avenue South
Naples, FL 34102
(239) 261-9300 telephone
(239)261-9782 facsimile
mmgowdy(a�napleslaw.com
www.napleslaw.com
This e-mail,along with any files transmitted with it,is for the sole use of the intended recipient(s)and may contain information that is confidential or privileged.If this e-mail is
not addressed to you(or if you have any reason to believe that it is not intended for you),please notify the sender by return e-mail or by telephoning us(collect)at 239-261-9300
and delete this message immediately from your computer.Any unauthorized review,use,retention,disclosure,dissemination,forwarding,printing or copying of this e-mail is
strictly prohibited.Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.
1
Commissioner,
Pertinent pages from County records have been attached in hopes of allowing a better
understanding of the Wolf Creek PUD specifically with regards to density allocation, the
proposed Vanderbilt Reserve site plan and offsite improvements.
A) History of density allocation in Wolf Creek RPUD:
Sept 23, 2003 - Ordinance 2003-45 - Wolf Creek PUD established - 147.69 acres with
591 dwelling units approved and maximum permitted density of 4 dwelling
units per acre - no allocation to any specific parcel or development but
separate parcels delineated
August 23, 2004 - Cost Sharing Agreement entered into OR 3635:
Dwelling units assigned to parcels - note parcel numbers for CSA are different
than those in County WCPUD document
Upon execution of the agreement there was an immediate transfer of dwelling
units from parcels 4, 5 & 6 to parcel 1
Following that transfer, the owner of parcel 1&2 had a limited time option to
purchase additional density from the owner of parcels 7, 8 & 9, and this
option expired in 2005
Density only transferable with written permission of owner of property losing
density
Runs with the land - owner is property owner
May 22, 2007 - Ordinance 2007-46 - Mederos 20 acre parcel added to WCPUD
BCC minutes May 22-23, 2007 pages 70-71
80 dwelling units requested for now Vanderbilt Reserve Parcel 9
no density bonuses requested, density of 3.99
80 dwelling units specifically allocated to the —20 acres which is now the
Vanderbilt Reserve Parcel 9 - pg 17 Ord 2007-46
states "80 dwelling units approved in the the 20 acres being added"
May 14, 2013 - Ordinance 2013-37 - Scenic Woods and a portion of Palermo Cove
brought into WCPUD
83 dwelling units specifically assigned to parcels 1A-3A
density was assigned, thus only usable by those parcels
page 11 Ord 2013-37
Minutes from CCPC dated March 21, 2013 pigs 53-54:
County and developer lawyers worked together to construct verbiage that
would specifically allocate the 83 dwelling units that were being added to
parcels 1A- 3A only and limited the density in 1 A-3A such that they could
not increase their density by taking dwelling units from those already
present in WCPUD - thus, no pool of dwelling units in WCPUD, they were
all allocated to specific parcels by the CSA and the subsequent WCPUD
amendments in 2007 and 2013 - see chairman's concerns - the allocation
was a purposeful intent by the county
Observations: All dwelling units within WCPUD have been specifically allocated to
parcels - there are no "free"dwelling units within a PUD pool
For those parcels party to the CSA, the dwelling units run with the land
and the owners
The CSA differentiates between developer and owner
A developer does not have any claim to dwelling units other than to those
allocated to land that he personally owns
Dwelling units governed by the CSA cannot be transferred without written
permission from the owner losing density
Based upon the CSA allocations, there are 103 dwelling units allocated to
Black Bear Ridge parcels that have not been used and are
controlled by the individual lot owners not the developer - these
cannot be transferred without written authorization from the lot's
owner
Vanderbilt Reserve parcel 9 of WCPUD or parcel 3 of the CSA is
allocated 80 dwelling units by OR 2007-46 and approved for a
density of 4
Vanderbilt Reserve parcel 3B of WCPUD being — 12 acres or—60% of
parcel 4 of the CSA would be allocated 24 dwelling units based
upon acreage (there are 40 units total allocated to parcel 4 by the
CSA, which is parcel 3A and 3B of the WCPUD)
Conclusions: The county has recognized the CSA allocation of dwelling units within
WCPUD and further, it has allocated additional dwelling units to the PUD
according to parcel in all subsequent ordinances/PUD amendments
B) The Vanderbilt Reserve Site Plan
Observations: The proposed site plan for Vanderbilt Reserve shows 215 dwelling units
total on the two parcels making up the development
The southern parcel (#9 of WCPUD) has 115 dwelling units platted and 4
partial units
The southern parcel (#9 of WCPUD) is only allocated 80 units by OR
2007-46
The northern parcel (#3B of WCPUD) has 96 dwelling units platted and 4
partial units
The northern parcel is allocated 24 dwelling units by the CSA based upon
acreage
it consists of-.12 acres, which is - 60% of the total acreage of
parcel #3 WCPUD (parcel #4 of CSA) - which was allocated 40
dwelling units by the CSA, therefore based upon acreage, 3B
would be allocated 24 dwelling units by the CSA
Conclusions: The proposed site development plan for Vanderbilt Reserve has platted
density not available or approved
C) Offsite Improvements for Wolf Creek PUD - PristineNanderbilt Beach intersection
Observations:
Ordinance 2003-45 - WCPUD Master Plan Exhibit A shows a right turn in lane
from Vanderbilt onto Pristine - note also right turn in lanes at Buckstone
and into Mission Hills - these have been constructed
The right turn in lane from Vanderbilt onto Pristine is present on all of the Master
Plan exhibit A's through OR 2013-37
2004 CSA- OR 3635 Pgs 1696-1697
Phase I Budget for Black Bear Ridge shows line items for offsite
improvements at Vanderbilt Beach Road intersection with monies to be
allocated for WB Rt, EB Lt turn lanes as well as signalization
There is a note under assumptions:
"Vanderbilt Beach Rd temporary turn lanes not required (i.e.
payments to county to build improvements to support project and
to built as part of 6 lane improvements)."
2005 Construction Escrow Agreement with County for Subdivision Improvements
Improvements set forth in the "Estimate" by Grady Minor are required
improvements by Collier County ordinances
Offsite improvements at Vanderbilt Beach Road intersection included WB
Rt and EB Lt turn lanes as well as signalization -these were
"required"
The cost of these improvements were funded by the construction loan
agreement - with a $3,057,906.50 construction loan held in a
specific account
The county had the right to utilize the funds for construction of the
required improvements if the developer failed to complete them
The requirements were binding upon the Developer's successors
Google Maps - if you use google maps to look at Vanderbilt Beach Rd from
Collier Blvd through Rt 41, the Pristine Drive/Vanderbilt Beach Rd
intersection appears to be the only intersection that does not have a right
turn in lane
Conclusions: At the Vanderbilt/Pristine intersection a west bound right turn in lane and
east bound left turn lane as well as signalization of the intersection
was required from the beginning
The County required the Developer of BBR to construct these offsite
improvements - the most recent developer
There was an Escrow agreement funded with > $3 million dollars to fund
infrastructure which included the offsite improvements
The improvements were not made
The county was responsible for supervising the completion of the
infrastructure improvements required of the developer
The county did not exercise it's option to utilize the escrow funds to
complete the required improvements
The bond is still available (communication from county)
The required improvements are the responsibility of the developer not the
current homeowners of BBR and if the developer did not complete
them, then the county had the means and funds available
Thank you,
OR: 3635 PG: 1677
construction of Segment 2 shall be deemed to be the payment of said owner(s)fair share of the cost of the
North-South Road with respect to Parcel 3.
7. Wolf Creek PUD.
(a) Allocation. The Wolf Creek PUD encompasses Parcel 1, Parcel 2,Parcels 4 through
6, inclusive, and Parcels 7 through 9, inclusive. The Wolf Creek PUD permits 591 residential dwelling
units. Unless otherwise provided herein, density shall not be transferred from one parcel to another
within the Wolf Creek PUD without prior written permission of the owner of the property losing density.
The Wolf Creek PUD allocated the 591 residential units as follows and as shown on Exhibit"F"attached
hereto and made a part hereof:Parcel 1-64 units;Parcel 7-41 units; and all other parcels in the PUD- 81
units each. Upon the execution of this Agreement, 41 dwelling units each shall be automatically
transferred from each of Parcels 4, Parcel 5, and Parcel 6, at no cost, to Parcel 1, with a total resulting
transfer of 123 units to Parcel 1. Accordingly,the number of residential units allocated to Parcel 1 under
the Wolf Creek PUD shall be 187.
(b) Option to Purchase Additional Density. The owner of Parcel 1 and Parcel 2
("Purchaser")shall have the option to purchase(in addition to the density allocated to Parcel 1 and Parcel
pursuant to subsection (a)hereof) from the owner of Parcels 7 through 9, inclusive, ("Seller") up to 92
dwelling units which have been alloca • [ 7+►.• • ction (a) hereof to Parcels 7 through 9,
inclusive. Said option may be exec `1• '=.� i +- re than two transactions on or before
December 31, 2005 ("Expiration p 4.7,1 - e purchase pn ch individual dwelling unit shall be
$500.00. In the event Purchaser,elec o exercise this option, c shall,on or before the Expiration
Date, notify Seller of the number 0:,. o • .•, ,-• •. C10 ng bf any such purchase of dwelling
units shall occur within 20 dayp of eller's re.. '. . notic. from P irchaser. The purchase price shall be
paid in cash,wired funds,or icas : s • •'T i an office in Collier County,Florida
or such other method as may a a• - �tabl- « •: `' s .•le' iscretion. Seller shall have the
sole discretion to determine c i •• --e1.• . ling . ea signed. Purchaser shall pay all
costs associated with the trar 'er of dwelling units. -s o•tio 1 terminate on midnight of the
Expiration Date and be of no orce and effect. r
(c) Contingency. In a cr5.;, t any statute,law . ,•mince,resolution,rule, or regulation is
adopted and enforced by the state, • • •a • ..r11 .
_ entity (or any agency or department
thereof) that would have the effect of ••0:• .41€1 ; Ill'. -i e number of dwelling units that can be
constructed within the Wolf Creek PUD(in its entirety ,the parties agree that Parcel 1 and Parcel 2 shall
be collectively allocated 33%of any such temporary allocation and Parcels 4 through 9 shall be allocated
67% of any such temporary allocation; provided,however,that such temporary allocation shall not have
the effect of reallocating density among the parcels. For the purposes of this paragraph only, the term
"temporary"shall mean for a period of no more than twelve(12)months.
8. Native Vegetation. Unless otherwise agreed by the owners of the various Parcels, all
Parcels within the Wolf Creek PUD shall be designed to stand alone. All Parcels with indigenous native
vegetation, as determined by Collier County, will be required to preserve or replant 25% of such native
vegetation, as described in Section 3.9.5.5.3 of the Collier County Land Development Code, as amended,
or in the event of a repeal of said section, such other section of the Collier County Land Development
Code controlling the same subject matter. Each of the Parcels shall provide for its own native vegetation
requirements as shown within the Collier County approved environmental impact study that was
submitted in conjunction with the Wolf Creek PUD rezoning petition,unless otherwise agreed to by any
one or more Parcels owners. Parcels providing in excess of 25% native vegetation can transfer such
credit to another Parcel under different ownership only upon written agreement of the property owner
transferring the excess credit.
6
OR: 3635 PG: 1685
provision shall be modified to the minimum extent necessary to make it or its application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreement and all other
applications of any such term or provision shall not be affected thereby,and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
17. Modifications. Except as expressly provided herein, this Agreement may not be
modified in any respect whatsoever or rescinded, in whole or in part, except by the consent of the
owner(s) of the Parcels, and then only by written instrument duly executed, acknowledged by all of said
owners,and recorded in the Public Records of Collier County,Florida. No modification or termination of
this Agreement shall affect the rights of any lienholder of any portion of any of the Parcels unless the
lienholder consents in writing to the modification or termination.
18. Covenants Running with Land. All of the provisions of this Agreement,including all of
the benefits and burdens described herein,shall run with the Parcels and shall be binding upon the Parcels
and the successors in title to each of the Parcels. The rights and obligations in and to this Agreement are
and shall be assignable to any and all successors in title to each of the Parcels,without the necessity of a
formal assignment. However, should any party acquiring title to any of the Parcels request a formal
assignment,the parties hereto agree to cooperate in the approval and execution of any such assignment.
aml."110110' 19. Irate +retation of I • � y. essly provided, the term"owner"when
used in this Agreement shall be dee • • • ..•• ••e and me.1, er and the owner's successors,assigns,
or successor in title.
20. Integration. 's •greitnett-em•••ies e entire t+d tanding of the parties with respect
to the subject matter herein,an. the --.4. - a.
++�� :-s•„.; all prior understandings.
21. Collate + • . •gra exec a map umber of counterparts,each of
which shall be deemed to be :., - : as •: ' •• • o, ,_: ture appears thereon and all of
which shall together constitute ++- • d the same instrum- t
22. Recording. This -y ent shall be recor•-• Public Records of Collier County,
Florida.
7 !E c i7P"-
•
{SIGNATURES BEGIN ON NEXT PAGE}
14
*** 011: 3635 PG: 1699 ***
INITIAL DENSITY ALLOCATION-WOLF CREEK PUD
Wolf Creek PUD's Initial
Residential Unit Allocation
1s 81
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/#4 #7 \ Cad Mopes Load
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CNage&Land
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Island Wilk -----
PUD MMen iI 1 \a
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a 81 �i
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64 A2
Valdosta&yob Rood
A-f
Total of 14769 acres and 591 Units
EXHIBIT"F'
28
May 22-23, 2007
Will Dempsey and Rick Mercer.
CHAIRMAN COLETTA: Thank you.
Mr. Pritt?
MR. PRTTT: Thank you, Mr. Chairman, members of the
commission. My name is Robert Pritt. I'm here on behalf of Prime
Homes, LLC -- Prime Homes at Portofino Falls. It's owner of parcel
number five, which we would like to add to the existing Wolf Creek
PUD.
I have with me -- I think you've named all the names, but Dave
Underhill is also with us in case you need to have anybody testify as
to planning, zoning, engineering matters, and we also have.
COMMISSIONER COYLE: Abbo, who's the founder of the
company here today, as well as Larry Abbo, Linda Socolow and also
Steve Greenfield?
As has been said, Rich Yovanovich is also here. I believe that
Mr. Hoover is here also on behalf of the Catalina Land Group, owner
of the balance of the Wolf Creek PUD.
The background here is that we're requesting a rezone from rural
agricultural and planned development, planned unit development, to
residential planned unit development zoning district. And as was said,
we're just going to add 20.26 acres and are requesting 80 dwelling
units to be added to the existing Wolf Creek PUD.
This would make for a total of 167.96 acres and a total of 671
dwelling units, which may be single or multifamily dwellings, and we
also are going to amend the PUD document and the associated master
plan.
As also has been said in the introduction, the proposal is to
reduce the maximum height of multifamily structures from 42 feet and
three stories to 38 feet and two stories and to eliminate some uses.
The location of the property is on the north side of Vanderbilt
Beach Road approximately one half mile west of Collier Boulevard,
and we can show you that on the map. This map here, it's kind of hard
Page 70
May 22-23, 2007
to read, but what I wanted to point out here is that the -- let's see.
We've got Vanderbilt road -- Beach Road here and 951 there. Thank
you.
And I heavily marked -- right there in the middle is parcel
number five marked in red so that you can see what the situation is.
The heavy black line that goes all the way around the existing PUD
goes clear around -- clear around to the other side and back, carved
out this -- either carved out or left out this parcel which is right smack
dab in the middle.
And to everybody's credit, they are trying to put this together
with the existing PUD rather than create some other type of PUD or
new PUD and -- so that we can have a real unified project and project
area.
A couple things to keep in mind. And this is all in the staff
report. I know that you all have read the staff report and all the
documents, but the -- in this subdistrict there's a base density of four
dwelling units per acre. There's a limit of a maximum of 16 units per
acre under the density rating system.
And we're not asking for any density bonuses and there are no
density reductions that are applicable. So the site would be eligible
for four dwelling units per acre, and the requested density is actually
3.99. I'm not sure how it worked out that way. But we're asking for
the four units per acre essentially.
The transportation element. It's been found consistent with the
transportation element. There are contingencies concerning
concurrency and -- that are in the PUD document that has -- that was
discussed and handled at the Planning Commission hearing and -- so
that is in the PUD document that you have in front of you.
One thing that is a little bit different, and that's the affordable
housing impacts. The request had contained no provisions to address
affordable or workforce housing demands that may be created. We
went through the Planning Commission hearing process. It was
Page 71
H. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan shall be considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access points shall be consistent with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended from time to time, and with the Collier County Long-
Range Transportation Plan.
When ingress and egress improvements are determined, as necessary,
right-of-way and compensating right-of-way shall be provided for and in
conjunction with said improvements.
J. All work within the Collier County rights-of-way or public easements shall
require a right-of-way permit.
K. All internal access ways, drive aisles and roadways, not located within
County right-of-way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns. All internal roads,
driveways, alleys, pathways, sidewalks and interconnections to adjacent
developments shall be operated and maintained by an entity created by
the developer and Collier County shall have no responsibility for
maintenance of any such facilities.
L. The proposed loop road located around the Mission Hills development,
that would provide access for the project onto Collier Boulevard, is
conceptually shown on the RPUD Master Plan and shall be a public
roadway. It shall be designed and constructed to a minimum 30 mile per
hour design speed. The construction costs of the loop road shall not be
eligible for impact fee credits, but the developer of the roadway may be
able to privately negotiate "fair share" payments or reimbursements from
neighboring property owners.
M. No building permits shall be issued for any of the additional 80 units
approved in the 20 acres that is being added to this PUD until such time
as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and
Livingston Road, and CR 951 between Golden Gate Boulevard and
Immokalee Road are substantially complete.
N. Within 30 days of the adoption date of this RPUD rezone, the developers
owning the property fronting Pristine Drive shall convey in fee simple to
Collier County the right-of-way necessary for the two-lane construction of
Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive
right-of-way. The anticipated width of the right-of-way is 60 feet. The turn
lanes required for each individual project shall be accommodated within
the project's boundary.
Revised 5/31/07 to reflect BCC changes 17
general configuration of which is also illustrated by Exhibit "A" and Exhibit "A-
1".
B. Areas illustrated as lakes by Exhibit "A" and Exhibit "A-1" shall be
constructed as lakes or, upon approval, parts thereof may be constructed as
shallow, intermittent wet and dry depressions for water retention purposes.
Such areas, lakes and intermittent wet and dry areas shall be in the same
general configuration and contain the same general acreage as shown by
Exhibit "A" and Exhibit "A-1". Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of subdivision plat or SDP approval,
subject to the provisions of the LDC.
C. In addition to the various areas and specific items shown in Exhibit "A" and
Exhibit "A-1", such easements as necessary (utility, private, semi-public)
shall be established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 671754 residential dwelling units shall be constructed in the
residential areas of the project. The gross project area is 4-6-7,-96188.78± acres.
The gross project density shall be a maximum of 3.99 units per acre if all 6 -754
dwelling units are approved and constructed-. A minimum of 83 dwelling units will
be assigned to parcels 1A - 3A due to the additional acreage being added to the
PUD by the owner of those parcels. In addition, parcels 1A - 3A shall be entitled to
incorporate any other density owned by the developer of these parcels. There shall
be a maximum density of 163 dwelling units on parcels 1A- 3A.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part
of the RPUD, final plans of all required improvements shall receive approval
of the appropriate Collier County governmental agency to insure compliance
with the RPUD Master Plan, Collier County subdivision rules, and the platting
laws of the State of Florida.
B. Exhibit "A", RPUD Master Plan and Exhibit "A-1" RPUD Master Plan
Amended, constitutes the required RPUD development plan. Subsequent to
or concurrent with RPUD approval, a subdivision plat or SDP, as applicable,
may be submitted for areas covered by the RPUD Master Plan. Any division
of the property and the development of the land shall be in compliance with
the RPUD Master Plan Exhibit 'A" and Exhibit "A-1" -and LDC.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
Words stfusk-through are deleted;words underlined are added.
Wolf Creek RPUD PL2012-0650 Revised 5-14-2013 Page 11 of 26
March 21,2013
Page 6. That's just a change to add a Parcel 2B.Page 7?
COMMISSIONER EBERT: I have questions.
CHAIRMAN STRAIN: Go ahead.
COMMISSIONER EBERT: There are so many different owners,and I don't know if they're all
represented here. I just want to make sure that all the owners know,and you're not trying to do something
over them on this. I see Prime Homes—or Premier. I see Buckstone. I know Stock is in there.
3B--okay I found out. That's Prime Homes.I just want to know—
COMMISSIONER BROUGHAM: What page are you on,Diane?
CHAIRMAN STRAIN: Well,she's on Page 7.
COMMISSIONER EBERT: I was on Page 7 of 25 when they're trying to break down all the parcels.
So I was going back and forth trying to find out who owned what.
MR.ARNOLD: Well,what we were trying to do there is,in the addition language,was really to
reflect the parcels under the joint ownership for the property we're talking about today and not changing the
other. I know the ownership has changed for the others,but we didn't update the other ownership within the
PUD. We just updated what's under the unified control of the application today that we're in for the changes
on,which would be the Parcels 1A, 1B,2A,2B,and 3A. And those were previously the Hoover and Catalina
Land Holdings,et cetera,and--so now we're reflecting that currently the ownership is Raffia Holdings of
Naples,LLC,and the Wolf Creek Naples Holdings,LLC.
COMIIIISSIONER EBERT: Okay.
MR.ARNOLD: It was really a clarification to reflect the part we're controlling and update that
ownership. We didn't feel like we needed to update parcels that weren't subject to our control,which was
kind of the theme for the changes we made,which is,let's not monkey with the rest of the PUD that we're not
impacting,so—
CHAIRMAN STRAIN: Okay. We'll move on to Page 8. Anybody have any questions on Page 8?
(No response.)
CHAIRMAN STRAIN: Page 9? Anything on 9?Wayne,can you explain why on the top of the
page you added that verbiage?
MR.ARNOLD: Yeah. At the top of the page,Mr.Strain,you asked me why we added the phrase
"along portions of the property boundary." And that's with respect to the water management system.And it
says that—it,in essence,it says there will be a permitted berm constructed along--it basically assumes ifs
along the entire perimeter,and that's not in--that's not exactly true,especially now that we're combining
portions of this PUI)with the development of Palermo Cove.
So there won't be a continuous perimeter berm,and I don't believe there was ever intended to be one.
It really--it's probably a misstatement of the time. I mean,there is a perimeter berm in place,but it's not a
continuous perimeter berm through,because we take inflows or water through other projects,or from other
projects.
CHAIRMAN STRAIN: Okay.
MR.ARNOLD: So it's a clarification,really.
CHAIRMAN STRAIN: Okay. Anybody else on Page 9? If not,Page 10? Anybody have issues on
Page 10?
(No response.)
CHAIRMAN STRAIN: Page 11?
MR.ARNOLD: Page 11,I don't know what other changes you may have,but we've been talking to
the County Attorney's Office in reference to Section 2.4. We had made reference to 163 units for this portion
of the PUD that was cescribed in parcels—the Parcels 1A through 3A as we've referred to them.
CHAIRMAN"STRAIN: Yeah. There was some new language I saw circulated,but I don't have it in
this package.
MR.ARNOLD: We did. We sent some language—I think if you'll flip it. Yeah. The other way.
CHAIRMAN STRAIN: That must be a part of legal training,because there's some other attorney
that does that all the time,too,Heidi.
MR.ARNOLD: So this is language that Rich and Heidi worked on,and it's trying to capture that
Page 53 of 85
March 21,2013
we're modifying and bringing in properties to our PUD. We think we control those units that were bringing
in. And then,of course,you've heard reference to another allocation agreement that was in place before this
PUD amendment was revised.
So the language here,in essence,says that we've got 83 units associated with what we're bringing in,
and then there's,you know--I can't read it from here. I'll have to come over and read it if we want to read it
into the record.
But,in essence,the language is going to say,a minimum of 83 dwelling units will be assigned to the
Parcels 1 A through 3A due to the additional acreage being added to the PUD by the owner of those parcels.
And,in addition,Parcels 1 A through 3A shall be entitled to incorporate any other density owned by the
developer of these parcels. There shall be a maximum density of 163 units on Parcels IA through 3A.
And that's really for,I guess,protection of the other owners as well to make sure that we're not
making a grab for more units than we think we're entitled to,nor are we going to put a bunch of density that
was unanticipated on the parcels that were originally part of the agreement.
So hopefully that works for everybody. I know that--I mean,obviously everything's subject to
further wordsmithing,but I think that captures what we were trying to do.
CHAIRMAN STRAIN: I was concerned earlier today that—I wanted to make sure that the
additional density was captured by those parcels so that it wasn't spread to others who may not have expected
it so--because that would be a change in intensity. And I think you've kept it that way,so that's good.
Anybody else have any comments,questions? If not,let's go to Page 12.
Now,this is an amendment to an existing PUD,so some of the language that we tried to correct in
the Palermo can't necessarily apply to this because of the way—this product's already started.You've already
got plats done and SDPs done and quite a bit.
MR.ARNOLD: But I do think under Section 3.4(aX4),which is,again,the reference to the
gatehouse,guardhouse,architectural features,et cetera--
CHAIRMAN STRAIN: That's all new.
MR.ARNOLD: --that's new language that we added for Parcels lA through 3A,and I think it's
probably wise that we put in the same development standards that we talked about in Palermo Cove just for
consistency purposes.
CHAIRMAN STRAIN: It's new language;I would agree.
MR.ARNOLD: Okay.
CHAIRMAN STRAIN: Anybody else? That's on Page 13.
On Page 3--I mean,on Item 3 of that,you have carports shall be permitted within parking areas,and
garages shall be permitted at the edge of vehicular pavements.
With the setbacks and all the other standards for those carports and garages,I would assume,then,
that the accessory-structure language on the tables that follow apply to those carports or garages;is that a
correct assumption?
MR.ARNOLD: I think so. That was language that currently exists,Mr.Strain. It wasn't new
language we added if--it's A3 that you're reading?
CHAIRMAN STRAIN: Yeah. I was just curious,because we—that's the same kind of question that
started our discussion on 4. But I think staff on that one—because carports would have to be accessory to
units,that would be more or less your accessory standards that you would be looking at.
I guess it could have been written better to begin with.
COMMISSIONER VONIER: Didn't those come from the multifamily units? That's where you'd
normally have a carport.
CHAIRMAN STRAIN: Well,it's not restricted to them,but I mean,I would—
COMMISSIONER VONIER: But this is a single-family dwelling project now,so it probably
doesn't make any difference. Carports aren't germane,I wouldn't think.
CHAIRMAN STRAIN: But this applies to the entire Wolf Creek PUD.
COMMISSIONER VONIER: Oh,yeah;that's right.Okay,yeah. Everybody else,yeah.
CHAIRMAN STRAIN: Okay. On page 14,anybody have any issues? That's the existing language.
And on Page 15 is the new language. And we have some corrections from the other document that need to be
Page 54 of 85
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} `, � i �, t''s
V,
Standards, current edition, and the Manual on Uniform Traffic Control
Devices (MUTCD), current edition. All other improvements shall be
consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all development points of
ingress and egress from any County collector or arterial roadway. Said
lighting shall be in place prior to the issuance of the first permanent
certificate of occupancy (CO).
C. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first CO.
D. Road Impact Fees shall be paid in accordance with applicable County
ordinances and the LDC.
E. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended, and the LDC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the time
of approval of this RPUD which is found to be adverse to the health, safety,
and welfare of the public. Any such modifications shall be based on, but are
not limited to: safety, operational circulation, and roadway capacity.
F. Interconnections shall be required by Collier County staff as a condition of
SDP approval.
G. The developer shall be responsible for its proportional share of the cost of a
traffic signal system, or other traffic control device, sign, or pavement
marking at any development entrance onto the County's collector/arterial
roadway network, including both ends of the loop road, should a traffic signal
be warranted. If warranted, upon the completion of the installation,
inspection, burn-in period, and final approvalacceptance of said traffic signal
it shall be turned over (for ownership) to Collier County, and will then be
operated and maintained by the Collier County Transportation Department.
H. Access points, including both driveways and proposed streets, shown on the
RPUD Master Plan Exhibit A and Exhibit A-1, shall be considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any right of
access at any specific point along any property frontage. All such access
issues shall be approved or denied during the review of required subsequent
site plan or final plat submissions. All such access points shall be consistent
with the Collier County Access Management Policy (Resolution No. 01-247),
Words struek-through are deleted;words underlined are added.
Wolf Creek RPUD PL2012-0650 Revised 5-14-2013 Page 23 of 26
011: 3635 PG: 1696
Black Bsar__Ridge-Phase I Budget
On-site Improvements
Item-North-South Outer Loop Road Quantity Unit Price Total
1 Clearing and Grubbing 2 AC $3,500.00 $7,000.00
2 Silt Fence 2,800 LF $1.50 54,200.00 .
3 Fib 8,500 CY S9.00 $76,500.00
4 Final Grade 1 LS $6.500.00 56,500.00
5 Valley Gutter 2,700 LF $5.50 514,850.00
6 8-Limerock Base(compacted and primed) 4,800 SY 37.50 $36,000.00
7 12'Stabilized Subgrede 5,750 SY $2.25 $12,937.50
1 3'Asphalt 4,800 SY 58.50 540,800.00
9 Signing dtpavement markings 1 LS $6,500.00 56,500.00 .
10 Sodding 5,800 SY $1.50 58,700.00
11 5'Wide Concrete Sidewalk 1,500 SY $16.50 $24,750.00
12 4'L mmock(under sidewalk) 1,500 SY $4.50 $6,750.00
13 Maintenance of Traffic 1 LS $2,500.00 52,500.00
Subtotal . .... 5247,98750
Vanderbilt Beach Road Intersection
Improvements Rgaithy Unit Price Total
1 Tina Lines Complete(WB Rt.EB Lt) 540,000.00 $80,000.00
2 SignaDanon -g'k A Sp'SY,1Q400.00 5130,000.00
3 Side Dwain Drainage(4 DBI,DBL run 36:7.1,74 $1(' G j' 00 $35,000.00
4 Lighting 1 -'. . 525,000.00
Sib-total :" *".!...:4• $278,000.00
Item-North-South Outer p R d 1
Sanitary Sawe f I -"'• Qua t1 Unit? T tal
1 i'PVC Force Main(G900 Class��'^„�Jj �` '�y 7%... $28,000.00
2 8't lugTa ValvFuture
1 Bax j ` t 4: $$2, 00
3 Hot Tap Future i6'Force Manp on27/
400
Item-North-South Onte '` "V'
Water Maia l \ Quantity Unit rice I
Hoe Tap Existing 30'ReinrCon W i
1 (or aa=jib and sap new prop 24" 1 LS.'; $3 00940 moo
2 12'PVC Water Main(CL 200) 1,400 LF S.{0 Sd5,700.00
3 12'Clete vow w/Bmt p 2 EA 2 r,, 53,000.00
4 Fire Hydrant(Complete Assembly) t jT, 2 j (EA ... $4,800.00
75 Penniusent Smarts'Sample Point
Temporary
Rake Sample Point C - I-, �~ S1 900.00 00 5$90 0A0
SaaTotal '-''.4-',.-4-,• , +°? $83,500.00
Item-North-South Outer Loop Road-
Drainage Quantity Unit Price Total
I Control Structure I EA $4,000.00 54,000.00
2 15'RCP 100 LF 523.00 52,300.00
3 IB"RCP 350 LF $25.00 58,750.00
4 24"RCP 1,200 LF 534.00 540,800.00
5 Valley Goner Throat Inlet 6 EA 52.000.00 512,000.00
6 Grate Inlet 4 EA 31,700.00 $6,800.00
7 Junction Box I EA $1,850.00 $14,800.00
1 15"Flared End Section 1 EA $900.00 $900.00
Sob-Total -t c:: 90,350.00
Off-SiteTotak „P 5728.89730
5114/2004
EXHIBIT"D"-Page 2 of 3 .
25
OR: 3635 PG: 1697
Black Bear Ridge-Phase I Budget
Assumptions
Construction stake out excluded.
Permit fees excluded.
Impact fees excluded.
Engineering fees excluded.
Testing services excluded.
Street lighting excluded(except VBR intersection).
Conservation Area
No mitigation,or replanting costs included(clearing only).
Sewer •
Sewer profile has been adjusted to include Af-----R_ COti T�
service for the potential lots on the CometrC4\t"\''Drainage V
Water
f -
Will provide water service stubs�'or 2?�`:' - ���.• t-
It
D' �
Earthwork and Clearing t
Fill from lakes is limited to only 1`Itbavation depth below existing : dation.
An average of 1.6 ft of fill over the e4ie developed site. >V
Rock excavation,rock crushing and'blearingincidental to the lake exca �;
Paving
Sidewalk cost included in initial infrastructure.
Offsite
Inner loop road to be built by others,including turn lanes to serve site(no costs assumed).
Vanderbilt Beach Rd 6 lane improvements in place(I.e.force main).
Vanderbilt Beach Rd temporary turn lanes not required(i.e.payment to county to build improvements
to support project and to built as part of 6 lane improvements).
/6%
EXHIBIT"D"-Page 3 of 3
26
CONSTRUCTION,MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS-(INFRASTRUCTURE)
THIS AGREEMENT entered into this 361'' day of August, 2005 by Buckstone Estates,
LLC, a Florida limited liability company (hereinafter "Developer"), THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"),
and Orion Bank, a Florida banking corporation(hereinafter"Lender").
RECITALS
ORIGINAL
A. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as: Black Bear Ridge.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Q.
Grady Minor & Associates, P.A., a copy of which is attached hereto and incorporated herein as
Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those
described in the Estimate.
C. Sections 10.02.05 and 10.02.04 of the Collier County Subdivision Code Division
• of the Unified Land Development Code require the Developer to provide appropriate guarantees
for the construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated June
2,2005 (the"Construction Loan")to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is
required to guarantee pursuant to this Agreement is THREE MILLION FIFTY-SEVEN
THOUSAND NINE HUNDRED SIX AND 50/100 DOLLARS ($3,057,906.50), and this amount
represents 110% of the Developer's engineer's estimate of the construction costs for the
Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as
follows:
1. Developer will cause the water, sewer, roads, drainage, and like facilities, the
Required Improvements,to be constructed pursuant to specifications that have been approved by
the Development Services Director within 12 months from the date of approval of said
subdivision plat.
2. Developer hereby authorizes Lender to hold THREE MILLION FIFTY-SEVEN
THOUSAND NINE. HUNDRED SIX AND 50/100 DOLLARS ($3,057,906.50) from the
Construction Loan, in escrow, pursuant to the terms of this Agreement. The dent Orion Bank
account number for this account is 8500006690.
3. Lender agrees to hold in escrow THREE MILLION FIFTY-SEVEN ,
SUP J— r
��ttftos
THOUSAND NINE HUNDRED SIX AND 50/100 DOLLARS ($3,057,906.50) from the
Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that
this Agreement shall not constitute a draw against the Construction Loan fund,but that only such
funds as are actually disbursed, whether pursuant to this Agreement or a provision of the
Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval
of the Development Services Director who shall approve the release of the funds on deposit not
more than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent
(10%); and further, that upon completion of the work, the Development Services Director shall
approve the release of any remainder of escrowed funds except to the extent of$305,790.65
which shall remain in escrow as a Developer guaranty of maintenance of the Required
Improvements for a minimum period of one(1) year pursuant to Paragraph 10 of the Agreement.
However, in the event that Developer shall fail to comply with the requirements of this
Agreement, then the Lender agrees to pay to the County immediately upon demand the balance
of the funds held in escrow by the Lender, as of the date of the demand, provided that upon
payment of such balance to the County, the County will have executed and delivered to the
Lender in exchange for such funds a statement to be signed by the Development Services
Director to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above-mentioned
development work; and,
(d) The County will promptly repay to the Lender any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Lender for release of the
specified funds to the Developer. Payment by the Lender to the Developer of the amounts
specified in a letter of authorization by the County to the Lender shall constitute a release by the
County and Developer of the Lender for the funds disbursed in accordance with the letter of
authorization from the County.
6. The Required Improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the Development Services Director for compliance
with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty(60)days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director of the Required Improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this Agreement.
8. Should the funds held in escrow be insufficient to complete the Required
Improvements, the Board, after duly considering the public interest, may at its option complete
the Required Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provision; provided,
that the Lender does not release any monies to the Developer or to any other person except as
stated in this Escrow Agreement to include closing the account or disbursing any funds from the
account without first requesting and received written approval from the County.
10. The Developer shall maintain all Required Improvement for one year after
preliminary approval by the County Manager or his designee. After the one year maintenance
period by the Developer and upon submission of a written request for inspection, the
Development Services Director shall inspect the Required Improvements and, if found to be still
in compliance with the Code as reflected by final approval by the Board, the Lender's
responsibility to the Board under this Agreement is terminated. The Developer's responsibility
for maintenance of the Required Improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer and the Lender.
(Remainder of Page Intentionally Left Blank-Signatures Begin on Next Page)
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized-representatives this so'fiday of Jay-,2005.
/949,s
DEVELOPER:
BUCKSTONE ESTATES,LLC,
' a Florida limited liability company
— -- By: Catalina Land Group,
(P 11=1, .T62. Y 5'7 'K) a Florida corporation,
_ its Manager
(Print Name: �'�'d-ll> it _` ) By:
/7.24. /242."--e-----....,s,
W► Liam L. Hoover, President
LENDER:
Orion Bank,
•
a Florida banking corporation
•
LA 4I.La ir�r► ILA_....._ By:
CZ -.1e) /.407,0e.,/-"-
�4.07.1.M.77n97
MILMI: Name: /VP( X IlC P7 I-L[ .re
(Print Name:; Brandy A. Rash .e Title: S E✓yiG#C Pre eche 1 bet/r- .
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA
'
Q.y-t0-j; .., YOCK,Clerk
`~ �. Cii- silgi.„
�- 44 ' 4°.C. Chairman
q Cterl
A ,sss at, • 1 's
-mss 1 grin urt•..l,o . l.EtO Li , C- -t
Approved as•to4o'trti and legal sufficiency:
•
\ n
Assistant County Altf. yE
Black Bear Ridge-Phase I Budget
Off-site Improvements (PRISTINE DRIVE)
%PROGRESS BUDGET
Site Work Quantity Unit Price Total AS OF 9-1506 CONSUMED
1 Clearing and Grubbing 2 AC $3,500.00 $7,000.00 100% $7,000.00
2 Silt Fence 2,800 LF $1.50 $4,200.00 100% $4,200.00
3 Fill 8,500 CY $9.00 $76,500.00 100% $76,500.00
4 Final Grade 1 LS $6,500.00 $6,500.00 100% $6,500.00
5 Valley Gutter 2,700 LF $5.50 $14,850.00 100% $14,850.00
6 8"Limerock Base(compacted and primed) 4,800 SY $7.50 $36,000.00 100% $36,000.00
7 12"Stabilized Subgrade 5,750 SY $2.25 $12,937.50 100% $12,937.50
8 3"Asphalt 4,800 SY $8.50 $40,800.00 60% $24,480.00
9 Signing&pavement markings 1 LS $6,500.00 $6,500.00 0% $0.00
10 Sodding 5,800 SY $1.50 $8,700.00 0% $0.00
11 5'Wide Concrete Sidewalk 1,500 SY $16.50 $24,750.00 0% $0.00
12 4"Limerock(under sidewalk) 1,500 SY $4.50 $6,750.00 0% $0.00
13 Maintenance of Traffic I LS $2,500.00 $2,500.00 100% $2,500.00
Sub-total $247,98750
Vanderbilt Beach Road Intersection
Improvements Quantity Unit Price Total
I Turn Lanes Complete(WB Rt,EB Lt) 2 LS $40,000.00 $80,000.00 0% $0.00
2 Signalization 1 LS $130,000.00 $130,000.00 0% $0.00
3 Side Drain Drainage(4 DBI,DBL run 36") 1 LS $35,000.00 $35,000.00 100% $35,000.00
4 Lighting 1 LS $25,000.00 $25,000.00 0% $0.00
Sub-total $270,000.00
Sanitary Sewer Quantity Unit Price Total
1 8"PVC Force Main(C-900 Class 200) 1,400 LF $20.00 $28,000.00 100% $28,000.00
2 8"Plug Valve w/Box 2 EA $1,380.00 $2,760.00 100% $2,760.00
3 Hot Tap Future 16"Force Main on VBR 1 LS $5,500.00 $5,500.00 100% $5.500.00
Sub-total $36,260.00
Water Main Quantity Unit Price Total
Hot Tap Existing 30"Reinf Cone Water Main
1 _ (or alt a j/b and tap new prop 24"wm) 1 LS $35,000.00 $35,000.00 100% $35,000.00
2 12"PVC Water Main(CL 200) 1,400 LF $25.50 $35,700.00 100% $35,700.00
3 12"Gate Valve w/Box 2 EA $1,500.00 $3,000.00 100% $3,000.00
4 Fire Hydrant(Complete Assembly) 2 EA $2,400.00 $4,800.00 100% $4,800.00
5 Permanent Bacterial Sample Point 1 EA $1,000.00 $1,000.00 100% $1,000.00
6 Temporary Bacterial Sample Point 1 EA $900.00 $900.00 100% $900.00
7 Air Release Valve 2 EA $1,550.00 $3,100.00 100% $3.100.00
Sub-Total $83,500.00
Drainage I uanti Unit Price Total
1 Control Structure 1 EA $4,000.00 $4,000.00 100% $4,000.00
2 15"RCP 100 IF $23.00 $2,300.00 100% $2,300.00
3 18"RCP 350 IF $25.00 $8,750.00 100% $8,750.00
4 24"RCP 1,200 LF $34.00 $40,800.00 100% $40,800.00
5 Valley Gutter Throat Inlet 6 EA $2,000.00 $12,000.00 100% $12,000.00
6 Grate Inlet 4 EA $1,700.00 $6,800.00 100% $6.800.00
7 Junction Box 8 EA $1,850.00 $14,800.00 100% $14,800.00
8 15"Flared End Section 1 EA $900.00 $900.00 100% $900.00
Sub-Total $90,350.00
Off-SiteTotaLs . _,_ . $728,09750 59% $430,077.50
9/15/2006