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Backup Documents 04/26/2011 Item # 8B :} 88 ~;I.. . COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC BEARINGS To: Oerk to tile Board: Please place the foUowiBg .. a: ~ Normal Legal Advertisement Other: (Display Adv.. location, etc.) :!J ....................*..............*.....*.............*... .......................n...*..******* Originating DeptI Div: CDES.IZoIlfa2 Person: Nancy Gundlad1. Date: 3" ~ Il( Petition No. (Ifnone, give brief description): PUDA-PL201o-388, Olde Petitioner. (Name &. Address): Mr. Ricbard Yovanovicb, Coleman, Yovanovich, &. Koester, 4001 Tamaimi Trail N, Suite 300; Naples, FL 34103 Name &. Address of any penon(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet): Olde Cypress Developmeot LTD, 2647 Professional Circle, Suite 1201, Naples, FL 341-19; Mr. Brian K Stock, Manager, Vita Prima LLC, 2647 Professional Circle, Suite 1201, Nap1es, FL 34119 Hearing before BeC Requested Hearing date: BZA Other April 12. 2011 Based on advertisement appearing 20 day. before bearing. Newspaper(s) to be used: (Complete only if important): ~ Naples Daily News Other Legally Required Proposed Text: (Include legal description &. common location & Size: PUDA-PL201Q-388, aide Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich &. Koester, P.A., is requesting a PUD Amendment for the Olde Cypress PUD. The PUD Amendment request is to reduce the project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a park (3.9 acres minimum) within the aide Cypress PUDIDRI. The subject property is located in the aide Cypress subdivision. Sections 21 and 22. Township 48 south, Range 26 East, Collier County, Florida. (Companion to PUDZ- PL2010-10S4, DOA-PL2010-1052) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what BlXlOunt should be charged for advertising costs: PO N8JDber: 4500096189 for A<<oullt Number: 068719 3/1(;1 Ddte List Attachments: DISTRIBUTION INSTRUCTIONS A. _For bearings before BCC or BZA: laitiating penoD to complete one copy aDd ob.... Dlvlsloa Head approval before submitting to Coualy Mauger. Note: If legal docllme.t Is Involved, be sure that a.y DeeeIIlIry legal review, or request for .ame, "submitted to COUDty Atto....ey before SUbmittiDg to CO.Dty Manager. Tile Mauger'. omee will distribute copies: COIIDIy Mauger ageDda me: to Requesting DivisioB Original Oerk's Office A . Other bearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for file. *.***..**..******.****.**..**..**.*...*...**..*......*...*...***...**...*...*.****.**....******..**.** FOR CLERlCS~rFJE ~SE ONLY: l J ,,, I . I ;/. 1 I, Date Received: ~ Date of Public bearing: ~ Date Advertised: F' ......' ..~' ':~~ -.~.;'~"-:'it. 88 ORDINANCE NO. 11-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000-37, AS AMENDED, BY AMENDING SECl'ION I ENTITLED "STATEMENT OF COMPLIANCE"; AMENDING SECTION 3.02 ENTITLED ..GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4.03 ENTITLED "PROJECf DENSITY"; AMENDING SECTION 4.05 ENTITLED "RECREATIONAL FAClLmES AND SCHEDULE"; AMENDING TABLE I ENTITLED "OLD CYPRESS LAND USE SCHEDULE"; AMENDING SECTION S.U2 ENTITLED "PERMITTED USES AND STRUCTURES"; AMENDING SECflON 7.01 ENTITLED "MAXIMUM DWELLING UNITS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The aIde Cypress PUD and DRI was originally approved as The Woodlands PUD and DRI; and WHEREAS, The Woodlands PUD and DRI master plans were revised to eliminate development on the eastern portion of the project including, but not limited to. the elimination of a park and road; and WHEREAS, when The Woodlands PUD and DR! master plans were amended to eliminate a park and road, the PUD document failed to delete' certain references in the text to those improvements; and WHEREAS. Richard D. Yovanovich. Esquire of Coleman, Yovanovich & Koester, P.A. and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County Commissioners to amend Ordinance No. 2000-37, to delete certain improvements from the OIde Cypress PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE Section I entitled "Statement of Compliance", item 5 of Ordinance No. 2000-37, as amended is amended to read as follows: 5. The Density Rating System of the Collier County Growth Management Plan pennits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density ofY ill residential dwelling units per acre for OLDE CYPRESS, therefore, is Words stl\lc:k thrQugh are deleted; words undertlneq are added. 10f4 Olde Cypress POOl PUDA.PL20 I 0.388 Rev. 3/1 Sill 88 ~ consistent with the Collier County Growth Management Plan density rating system. SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT Section 3.02 entitled "'General Plan of Development,t of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: The general plan of development of OLOE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities hieyele aBEt jeggiJlg iMHB and preserve areas. SECflON THREE: AMENDMENTS TO PROJECT DENSITY Section 4.03 entitled "Project Density" of Ordinance No. 2000.37, as amended, is hereby amended to read as follows: 4.03 PROJECT DENSITY. The total acreage of OlDE CYPRESS is approximately 538.1 acres. The maximum number of dwelling units to be built on the total acreage is .J.;+QQ 942. The number of dwelling units per gross acre is approximately 2-d- lli. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. SECI'ION FOUR: AMENDMENTS TO RECREATIONAL FACILTIES AND SCHEDULE Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000..37, as amendedt is hereby amended to read as follows: The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards bwld~ut. I. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); 2. Swimming pool; 3. Bieyele paths 8fld 5~idewaJks; ~. }Jatwe Trails; Words .truQk tf:1fQ\1gl:\ are deleted; worcls underlined are added. 20f4 Olde Cypress PUD/ PUDA-PUOI0-388 Rev. 3/1 SIll 88 ~ 4. Passive recreational uses of wetlands and transitional areas (preservation 176.2 acres minimwn); where allowed by environmental permits. ~ Parks (3.9 seres ",iRiR'HlRl). SECTION FIVE: AMENDMENTS TO TABLE I Table I of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: TABLE I OLOE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL ~ ~. Units ACREAGE RESIDENTIAL COMMERCIAL (165.000 sq. ft.)* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACES LAKElPRESERVE AREA WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY .SEE ALSO SECTION 8.13 OF TInS ORDINANCE 154.07 Acres 12.5 Acres 169.4 Acres 2.1 Acres 176.2 Acres SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE Section 5.02 entitled "Permitted Uses and Structures", item C.4a of Ordinance No. 2000- 37, as amended, is amended to read as follows: 4. Guest Suites 8. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is eleYeft hllBdred (1100) units nine hundred fortv-two (942) units. Words 6trwek ttU9&.l{JA are deleted; words underlined are added. 3of4 Olde Cypress PUDI PUDA-PL2010-388 Rev.3/1'1Il '88 \,'~ SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS Section 7.02 entitled "Maximum Dwelling Units" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 7.02 MAXIMUM DWELLING UNITS A maximum nwnber of -l,l-OO 942 residential dwelling units may be constructed on lands designated "ROO. SECTION EIGHT: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ,2011. ArrEST DWIOHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams ~~p.11 Assistant County Attorney .. CP\l O-CPS-o 1044\29 Words stAlGk tJ:IFeygtl are deleted; words underlined are added. 40f4 Olde Cypress POOl PUDA-PI,2010-388 Rev. 3/15111 88 ~';~ Acct. #068779 March 16,2011 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Ord. Amending Ord. 2000-37 Dear Legals: Please advertise the above referenced notice on Tuesday, March 22, 2011 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500096189 8 B ~':1 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 12, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2000-37, AS AMENDED, BY AMENDING SECTION I ENTITLED "STATEMENT OF COMPLIANCE"; AMENDING SECTION 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDING SECTION 4.05 ENTITLED "RECREATIONAL FACILITIES AND SCHEDULE"; AMENDING TABLE I ENTITLED "OLDE CYPRESS LAND USE SCHEDULE"; AMENDING SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES"; AMENDING SECTION 7.02 ENTITLED "MAXIMUM DWELLING UNITS"; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the 88 W Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts 88 ~ Clerk of Courts Accountant Auditor Custodian of County Funds March 16,2011 Brian K. Stock Vita Prima, LLC 2647 Professional Circle Suite 1201 Naples, FL 34119 RE: PUDA-PL2010-388: Olde Cypress Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 12, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22,2011. You are invited to attend this public hearing. Sincerely, D~GHTE.BROCK,CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts Bier CLERK OF THE RC IT COURT COLLIER COUNTY OUR OUSE 3301 TAMIAMI IL E ST P.O. BOX 4 3044 ) NAPLES, FLORIDA~tlOl-3 44 1\~ 88 '~4 Clerk of Courts Accountant Auditor Custodian of County Funds March 16,2011 Olde Cypress Development L TD 2647 Professional Circle Suite 1201 Naples, FL 34119 RE: PUDA-PL2010-388: Olde Cypress Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 12, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22,2011. You are invited to attend this public hearing. Sincerely, DvnGHTE. BROCK, CLERK ~ Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts 88 ,4 Clerk of Courts Accountant Auditor Custodian of County Funds March 16,2011 Richard Y ovanovich Coleman, Y ovanovich & Koester 4001 Tamiami Trail N. Suite 300 Naples, FL 34103 RE: PUDA-PL2010-388: Olde Cypress Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 12, 2011 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Tuesday, March 22,2011. You are invited to attend this public hearing. Sincerely, D~GHTE.BROCK,CLERK Martha Vergara, Deputy Clerk i~ Enclosure Phone (239) 252-2646 Website: www.collierc1erk.com Fax (239) 252-2755 Email: collierc1erk@collierclerk.com 88 ~ Martha S. Vergara From: Sent: To: Subject: Attachments: Martha S. Vergara Wednesday, March 16, 2011 3:56 PM Naples Daily News Legals PUDA-PL2010-388, Olde Cypress PUDA-PL2010-388 Olde Cypress (4-12-11).doc; PUDA-PL2010-388 Olde Cypress (4-12-11).doc Legals, Please advertise the following attached ad on Tuesdav. March 22. 2011. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court and Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Wednesday, March 16, 2011 4:30 PM Martha S, Vergara Ad Confirmation UAS2C8C.jpg [Jt(;~( -A~~. (J'i-~l.dXJ-3 :WIA~""PLZ~(() --3W ()rdt~ ClffHt~S 8 B ~, " Martha S. Ver~ara ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions) changes or corrections) please contact me via EMAIL. No verbal changes or approvals accepted by phone) via email ONLY. Thank you for placing your ad. Ad Number 1894397 Total Ad Cost $269.70 Emely Pagan 213-6061 1 From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews,com] Friday, March 18, 2011 12:12 PM Martha S, Vergara RE: Ad Confirmation ~(I.~.VJ.2~-87 +> vv A ,. ~L Ui 0--3 ~;~~ 0& C-~prl~5' 88 M Martha S. Vergara Thanks~ Emely Pagan Naples Daily News Legal Dept Direct Line: Fax Line: 239-213-6061 39-263-4703 Send notices to: legals~naplesnews.com -----Original Message----- From: Martha S. Vergara rmailto:Martha.Vergara~collierclerk.coml Sent: Friday~ March 18~ 2011 11:52 AM To: Pagan~ Emely Subject: RE: Ad Confirmation \ Em~ Looks good please proceed with the ad Thanks~ Martha -----Original Message----- From: Pagan~ Emely rmailto:EPagan~Naplesnews.coml Sent: Wednesday~ March 16~ 2011 4:30 PM To: Martha S. Vergara Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions~ changes or corrections~ please contact me via EMAIL. No verbal changes or approvals accepted by phone~ via email ONLY. Thank you for placing your ad. Ad Number 1894397 Total Ad Cost $269.70 Emely Pagan 213-6061 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for 1 88 ~ which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk~collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarnev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on March 22, 2011 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in said Collier County. Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County. Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person. firm or cOIpOration any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in e said spaper, ( Signature of affiant) Sworn to and subscribed before me This 24th day of March, 2011 - - - '\'\"~~'~"'" . l"'m~~ ~(~~ KAROL E KANGAS ~. :.~ Notary Public. State of Florida ~~" ..~l My Comm. Expires Jut 29,2013 l "f,,?r.r,'i?"" Commission # DD 912?~7 - ~ u.,..h];-'2n~1 88 ,t 'f',;\ Nn1AU.':l~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SEI.e B ~I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice, The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exceotion of the Chairman's signature, draw a line throul!h routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig GMD-P & R/Operations & .~ 4 Jlvlll Regulatory Mgmt. Dept. 2. '. ",J 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County ~ t 1'1 1> I" Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval, Normally the primary contact is the person who created/prepared the executive summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item, Name of Primary Staff Nancy Gundlach Contact Agenda Date Item was April 26, 20 II A roved b the BCC Type of Document Ordinance Attached Phone Number Agenda Item Number Number of Original Documents Attached 239-252-2484 8.B Yes (Initial) N/A (Not A licable) l. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on April 26. 2011 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chan es, if a licable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original9,OJ,04, Revised 1.26,05, Revised 2,24,05 2. 3. 4. 5. 6. ;, 8a ORDINANCE NO. 11-..!.L AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000-37, AS AMENDED, BY AMENDING SECTION I ENTITLED "ST A TEMENT OF COMPLIANCE"; AMENDING SECTION 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDING SECTION 4.05 ENTITLED "RECREATIONAL FACILITIES AND SCHEDULE"; AMENDING TABLE I ENTITLED "OLDE CYPRESS LAND USE SCHEDULE"; AMENDING SECTION 5.02 ENTITLED "PERMITTED USES AND STRUCTURES"; AMENDING SECTION 7.02 ENTITLED "MAXIMUM DWELLING UNITS"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Olde Cypress PUD and DRI was originally approved as The Woodlands PUD and DR!; and WHEREAS, The Woodlands PUD and DRI master plans were revised to eliminate development on the eastern portion of the project including, but not limited to, the elimination of a park and road; and WHEREAS, when The Woodlands PUD and DRI master plans were amended to eliminate a park and road, the PUD document failed to delete certain references in the text to those improvements; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County Commissioners to amend Ordinance No. 2000-37, to delete certain improvements from the Olde Cypress PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE Section I entitled "Statement of Compliance", item 5 of Ordinance No. 2000-37, as amended is amended to read as follows: 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of;?d. 1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is Words struok through are deleted; words underlined are added, 1 of 4 Olde Cypress PUDI PUDA-PL2010-388 Rev, 3/18/11 ,.8D consistent with the Collier County Growth Management Plan density rating system. SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT Section 3.02 entitled "General Plan of Development" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: The general plan of development of OLDE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities bicycle and jogging trails and preserve areas. SECTION THREE: AMENDMENTS TO PROJECT DENSITY Section 4.03 entitled "Project Density" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 4.03 PROJECT DENSITY. The total acreage of OLDE CYPRESS is approximately 538.1 acres. The maximum number of dwelling units to be built on the total acreage is -l-;-W() 942. The number of dwelling units per gross acre is approximately M 1.75. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. SECTION FOUR: AMENDMENTS TO RECREATIONAL FACIL TIES AND SCHEDULE Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000-37, as amended, is hereby amended to read as follows: The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); 2. Swimming pool; 3. Bicycle paths and sSidewalks; 1. Nature Trails; Words struck through are deleted; words underlined are added, 2of4 Olde Cypress PUDI PUDA-PL2010-388 Rev, 3/1 8/11 8B l'i 4. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits. 61 I Parks (3.9 acres minimum). SECTION FIVE: AMENDMENTS TO TABLE I Table I of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: TABLE I OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL -l-,l-H} 942 Units ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.)* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACES LAKE/PRESER VE AREA WETLAND PRESERVE, PL^~RK AND WILDLIFE SANCTUARY 154.07 Acres 12.5 Acres 169.4 Acres 2.1 Acres 176.2 Acres *SEE ALSO SECTION 8.13 OF THIS ORDINANCE SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE Section 5.02 entitled "Permitted Uses and Structures", item C.4a of Ordinance No. 2000- 37, as amended, is amended to read as follows: 4. Guest Suites a. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is eleycn hundred (1100) units nine hundred forty-two (942) units. Words struok through are deleted; words underlined are added, 3of4 Olde Cypress PUDI PUDA-PL2010-388 Rev, 3/1 8/1 1 . 8 B i t "1 SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS Section 7.02 entitled "Maximum Dwelling Units" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 7.02 MAXIMUM DWELLING UNITS A maximum number of ~ 942 residential dwelling units may be constructed on lands designated "R". SECTION EIGHT: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 2W'thday Off+2QL, 2011. ATTEST "",,;111" """"" DWIGH;rj~\~~ ~ERK : -'tl>"l">,,; . .....' . : i' '.' .,;) . ,,", '1 \ 1 . ': : BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .'-1 ,. 7"L~ w. ~ FRED W. COYLE, Chair Approved as to form and legal sufficiency: L7.~L-- Steven T. Williams Assistant County Attorney $-(vJ 3, I'G' f / CP\ 1 O-CPS-O 1 044\34 Words struck through are deleted; words underlined are added, 40f4 Olde Cypress PUOI PUOA-PL201O-388 Rev, 3/18/11 t1." 8 B STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-14 Which was adopted by the Board of County Commissioners on the 26th day of April, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of April, 2011. DWIGHT E. BROCK l t' , '. I . _ 'II f" Clerk ~f.Court~~~i~~~~~ Ex-offlC10 to '9Q,~~~..ot.,.,,{~ ' County commis~'~~n~:~':';--,.o? ( . ., (j tf'" ~ . ....,: " - - c, '\. .;" I ; :.. . ' , ,'/ 1, ' ~ .-: ~: ~, /",;;. r,'; . ',j' ;.~, i' . ';'f4 By: Martha Deputy 1. \11, . ; "\ " /,,',' -"~~\. " ,.? ,\ ~ ~~ \~\ \~ ~..~ ~ $: \<1 ~ /u \~0 ~?I \ ,2-L 11...C'J /' ~~>AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2000-37, AS AMENDED, BY AMENDING SECTION I ENTITLED "STATEMENT OF COMPLIANCE"; AMENDING SECTION 3.02 ENTITLED "GENERAL PLAN OF DEVELOPMENT"; AMENDING SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDI~ ~ SECTION 4.05 ENTITLED "RECREATIONAL FACILITIES ~ ~ SCHEDULE"; AMENDING TABLE I ENTITLED "OLDE CYP~ ~ ." LAND USE SCHEDULE"; AMENDING SECTION 5.02 ENTIT~D -< _ "PERMITTED USES AND STRUCTURES"; AMENDING SECTION ~ ~ r ENTITLED "MAXIMUM DWELLING UNITS"; AND PROVIDING~ :bt m EFFECTIVE DATE. . ~~~, ; 0 - :t.: or- WHEREAS, The Olde Cypress PUD and DRI was originally appri'~ ~ The Woodlands PUD and DRI; and ,~aB ' ORDINANCE NO. Il-J..L WHEREAS, The Woodlands PUD and DRI master plans were revised to eliminate development on the eastern portion of the project including, but not limited to, the elimination of a park and road; and WHEREAS, when The Woodlands PUD and DRI master plans were amended to eliminate a park and road, the PUD document failed to delete certain references in the text to those improvements; and WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County Commissioners to amend Ordinance No. 2000-37, to delete certain improvements from the Olde Cypress PUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE Section I entitled "Statement of Compliance", item 5 of Ordinance No. 2000-37, as amended is amended to read as follows: 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density ofbl- 1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is Olde C) press PUDI PUDA-PUOIO-388 Rev, 3/18/11 . Words struck through are deleted; words underlined are added, 1 of 4 ,88 consistent with the Collier County Growth Management Plan density rating system. SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT Section 3.02 entitled "General Plan of Development" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: The general plan of development of OLDE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities bieyele aad jogging trails and preserve areas. SECTION THREE: AMENDMENTS TO PROJECT DENSITY Section 4.03 entitled "Project Density" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 4.03 PROJECT DENSITY. The total acreage of OLDE CYPRESS is approximately 538.1 acres. The maximum number of dwelling units to be built on the total acreage is +,+00 942. The number of dwelling units per gross acre is approximately bl- 1.75. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. SECTION FOUR: AMENDMENTS TO RECREATIONAL F ACIL TIES AND SCHEDULE Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000-37, as amended, is hereby amended to read as follows: The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. I. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125.14 acres); ()IJ~ c~ pr~ss I'Ll), PI 'IM-I'l.:!O I 0-388 R~\. 3,)8/11 Words struck through are deleted; words underlined are added, 20f4 '088 4. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits. 61 . Parks (3.9 aeres minimum). SECTION FIVE: AMENDMENTS TO TABLE I Table I of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: TABLE I OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL .J-;-l-W 942 Units ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.)* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACES LAKE/PRESERVE AREA WETLAND PRESER VE, PARK AND WILDLIFE SANCTUARY 154.07 Acres 12.5 Acres 169.4 Acres 2.1 Acres 176.2 Acres *SEE ALSO SECTION 8.13 OF THIS ORDINANCE SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE Section 5.02 entitled "Permitted Uses and Structures", item C.4a of Ordinance No. 2000- 37. as amended, is amended to read as follows: 4. Guest Suites a. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is eleven hundred (1100) units nine hundred forty-two (942) units. Olde Cypress PUDI PUDA.PL2010-388 Rev. 3/18/1 I Words struck throl;lgh are deleted; words underlined are added, 30f4 ..8 B SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS Section 7.02 entitled "Maximum Dwelling Units" of Ordinance No. 2000-37, as amended, is hereby amended to read as follows: 7.02 MAXIMUM DWELLING UNITS A maximum number of -l-;-l-OO 942 residential dwelling units may be constructed on lands designated "R". SECTION EIGHT: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 2iO'ttlday of if2ciL, 2011. ATTEST.",..I" "", DWIGHT ~~02K~ ci):;ERK ,t) ,,' f,'''-o "'. "" . ~, .I. ;. :; . ' , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: "-A4 w. ~ FRED W. COYLE, Chai Approved as to fonn and legal sufficiency: L7.~YL- Steven T. Williams Assistant County Attorney :5 'f r"J 3,17,' , / This ordinance filed with the ;r;rOry of ~e/s Offi~ th( e day of I , ond acknowledgem !nLqf thot fi/in eceived hi ~ day of CP\ I O-CPS-O I 044\34 Olde Cypress Pl!DI PUDA-PL2010-388 Rev, 3/1 8/11 Words strllck thFOlJgh are deleted; words underlined are added, 4 of 4 88 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-14 Which was adopted by the Board of County Commissioners on the 26th day of April, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of April, 2011. I DWIGHT E. BROCK..." . '.; Clerk of Cour.t~.'~' C'~'e];'k Ex-officio to a6.~cr~~.ot~.tj,;~ . County COmmiS~:i..J~'" " :.,.. ~o..... i (", ' t~." ....- c.., .. 1 , : :,' j "'" ~ : ..- ' I . '; I ~." ... By: Martha Deputy I \,~ ",