Backup Documents 03/23/2010 Item #16G 3
1663 i
MEMORANDUM
Date:
July 7, 2010
To:
Jean Jourdan, Project Manager
Bayshore Gateway Triangle CRA
4069 Bayshore Drive
Naples, Florida 34112
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Application document (Covenant of Unified Control) for
a proposed Mixed-Used PUD on CRA-owned land
Attached is the original document referenced above (Item #16G3) approved by
the Board of County Commissioners on March 23, 2010.
A copy of the original will be held on file in the Minutes and Records Department as
part of the Board's official record.
If you have any questions, please contact me at 252-8406.
Thank you.
eRA Board
'. ;01111i11SSiOnel
Lbnna Fiala
Chairln:-;n
COmlrllSSIOl181
.lc1!nes N Coletti-l
C()rnmiSSIOlit~:
Fred I/IJ Coyle
COlnrnlssiom,1
~ra!)k H;I!;:ls
COnlj)','SS'(Jrwr
i"IH HE'1111ing
Advisorv
Board
Chainllan
11;1~lscy Th();ll:J~-
Vice-Chair
.Ji1rbcH"
KihC,j H',:~i:Jtty
R,)'-: [-(J\Nk
UllIrJ Gunth",'
t,JdUIIC(;
lo'J;lt:ne;
SIt;'),; r"/di"
v\'illi':\'ll ~,,1hli:o,
diUCc' Pleb!"
eRA Staff
f'Hvid ( Jilck.<,(lrI
ExecutivE-'
Dlfect:l,
Jean .Jolifda!"l
Project M3nagt~1
Sue Trone
OperciliilllS
f\ilaly:~t
, IBAYSHORE
""1 GATEWAY
.~,",~'i~ TRIANGLE
-~
RECENEO
JUl 0 G 20\0
. Ln~ commissioners
~Odld ,.,f (:g
July 6, 2010
1663
RE: March 23, 2010, Agenda Item 16G3
Recommendation that the Collier County Community Redevelopment Agency
approves the submittal of a Mixed-Use Land Unit Development (MPUD) application
to rezone CRA-owned land; approve the Chair to sign application document; and
authorize the Executive Director to complete and submit the application package and
pay the application fee.
Attached is:
A Covenant Of Unified Control that requires the signature of CRA Chairman, Donna
Fiala. A Covenant of Unified Control document was signed on February 25,2010,
but is being re-submitted for the addition of an address.
Please!vi~~~~~t~~A~ud~e
the same.
This.Jtffii do~t requiJ:e-forw.JY'C!ing to
J.,.fu"dan at~3-1115..Ji5f picivl1P. }4f 1
Attachments: ( j
Covenant that requires signature
Covenant previously signed
Executive Summary
~C'---
v
Thank you,
~ rwtlt' (lit:. \lid
-thl Rrs+ ~i~ a'L~
fDr'-WliS ,~.
Jean Jourdan
Project Manager
Bayshore/Gateway Triangle
CRA
Phone 643-1115
4069 Bayshofc Drive. Naples, Flmida 34112
F' (239) 6431115. F' (239) 7754456
'llW''''i.col!ier"cra COlli
,
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/ J7eLilt
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Agendl~~J
March 23, 2010
Page 1 of 27
EXECUTIVE SUMMARY
Recommendation that the Collier County Community Redevelopment Agency approves the
submittal of a Mixed-Used Planned Unit Development (MPUD) application to rezone CRA-owned
land; approve the Chair to sign application documents; and authorize the Executive Director to
complete and submit the application package and pay the application fee. (Fiscal Impact: $15,275)
-----------------------------------------------------------------------------------------------------------------
OBJECTIVE: To receive approval to submit a Mixed-Used Planned Unit Development (MPUD)
application to rezone CRA-owned land; approve the Chair to sign application documents; and authorize
the Executive Director to complete and submit the application package and pay the application fee.
BACKGROUND: The CRA identified several parcels of property important to the proactive
redevelopment of the Bayshore Gateway Triangle CRA. These parcels are identified in the CRA
Redevelopment Plan as potential sites for a catalyst redevelopment projects. In August 2006 the CRA
purchased 17 acres more or less of vacant land in the Bayshore area.
On September 25, 2007, the CRA Board authorized the advertisement of an RFP to sell CRA-owned
land and for the Executive Director to return with recommendations (Exhibit A). On June 9, 2009, the
CRA Board approved a Professional Services Agreement with Pizzuti Solutions, .LLC to complete Phase
I planning and professional pre-development services for a mixed-use development on CRA-owned
land, specifically the 17 acres on Bayshore Drive (Exhibit B).
CONSIDERATIONS: Pizzuti Solutions, LLC has completed Task 2 of Phase I of the Agreement that
includes submitting a rezoning application to accommodate a mixed-use project. The Pizzuti team met
with CDES stafftwice and decided that rather than apply for a CRA Overlay Mixed Use Project (MUP),
they would submit a MPUD application (sample application attached as Exhibit C).
FISCAL IMPACT: The application fee for a MPUD is $15,275, and there are adequate funds available
in Fund 187's operating budget to cover this expense. Completion of a catalyst project on vacant land
will increase property values and increase the CRA's annual TIF.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth
Management Plan states that redevelopment plans may be developed for specific areas within the
County, including the Bayshore Gateway Triangle CRA.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is
legally sufficient for Board action. (HF AC)
RECOMMENDATION: Recommendation that the Collier County Coml11Unity Redevelopment
Agency approves the submittal of a Mixed-Used Planned Unit Development (MPUD) application to
rezone CRA-owned land; approve the Chair to sign application documents; and authorize the Executive
Director to complete and submit the application package and pay the application fee.
Prepared by: David L. Jackson on March 8, 2010
Executive Director, Bayshore/Gateway Triangle Community Redevelopment Agency
16G 3
Agenda Item No. 16G3
March 23. 2010
"NOTE", DOCUMENT 'l'O BIf>B3B0lJImb27
BY CIlA l\ND ATTACHED.
Cmmty
COLUERCOUNTYGOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WYNI.COWERQOV.NI!T
2800 NORnt HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(23lI12S2.:UOO FAX (231) 843.....
COVENANT OF UNIJI1ED CONTROL
The undcniJllOd do hereby swear Dr allinn that we... the foe limple tilleholde,und _ of _ of property
commonly known ..
(SIreel addrca end City. Stare end Zip Code)
end lepIJy delc:ribed in ExbIblt A IltaCllod hereto.
Th. property delc:ribed bcmn is the IIlbject of an opplicotion for plllllllOd unit devclopm.... ( PUD) zonin&.
W. bcnby dcoipolC , lepl ..."......4odiv. thereof, ..the lepJ repteMlUtiveo of the properly end II IUCb, thac
indi\'idua" .... aathorized to Ieplly biflcI all own.... of the property ia tbc """"" of ~& dI. '*""""'Y ~ 10
dc\odOp. Thi. aulhority includes. but i. not Iimiled to, the birilll and _zotion of...... to _ in the p~ion of
opplicatio... pi..... Jllf'VeYB, and studi.. ....,...-y to oblain zoning ~ 011 tbe site. These rep......,tati_ will ........
the anly entity 10 ..,l1ori.. dewIopment activity on the property until such rime II a new or amended co_t of U11ified
control i, dcIivaed to Collier County.
The undersigned recollJlize the followin& and w1lJ be pided accordingly in th. purau~ of dcvclopmcnl of the: projc<:t:
1. The property will be dovcloped IIld used in conformity willi tbc approved l1lOIter plan iDcIudin& an condiliofts pllCCd
on the dovclop..-1Ild all commilrncnlo ~ to by the: applicant in connoctiort with the p10nned .ak dcveloplDClll
rezoning.
2. The l.pI repraenlali.... Idenlified hm:in ia rapclltllbl. for compliance widl all terms. conditiona, safilpImIs. and
stipullli_ _It the:timc ofapprovat of the _pion. ......Ifth. property i...boequently oold in whole: or in
pIIrl, .nI... and unlil. IlCW or amended COY<IlIfIl of unified control i. deliv<m! to end.-mlnd by Com.r CouJl\)l.
3. A departure from the provilions of tbc appn>ved piano or a failure to comply with any rcqui_ conditions, or
saf~ provided for in the planned unit development procea will _lute a violatiOll of tlu: Land Devcloprocn
Code.
4. All'..... and conditions of the p1aoncd IlDll dc\odoprncul approval will be incorporated into cov_ and
~cDon. which run with the lend ... as to provide notice 10 subsequml owm:rs thai all devclopmatt oc:tivity widlin
the planned U11i1 developmettl mUll be conoista1t with thooe I...... and conditio<!&'
5. So ioIl& as this covenant i. in (cm:e, comer County con, upcm the eli!lCOvery of noncompliance with the term..
safepards, and conditions of the pllllDCd llllil development, sod<: equitable ",lief.. neca.ry to compel compliance.
The County wiD not i.... pcnnill. certili..... or Ii....... to oocupy Dr _ any port of the plaanecl unil devc10pment
and Ill. County may slop ongoinl conoInIc:lion oetivity until tbe projeet i. h""'lht into compliaoce with alllonns,
_OIlS and oo1"C&\Iard. of the planned unit dovelopmcnt.
Owner Owner
CfZ.A GHA. RM AN
Pri1llecl N.... PriolOd N...
STATE OF FLORIDA)
COUNTY Of COUlER)
Sworn 10 (or al6nncd) and IlIbscribed before me thi. _ day of . 200_ by
who is penoDalIy known to me or his produced as idcmificatiun.
Notary I'1blic
(NlUI\. typed, printed or Ilamped)
Rm-t NcN2009
-J- /
rtJ f (/I . /~of
/~/ feu 10 un l'1'
Co eT County
~- --
1663
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
COVENANT OF UNIFIED CONTROL
The undersi&ned do hereby _ or affirm that we are the fee simple titlebolders and owners of record of properly
colllll1Ollly known as Cultural Arts Village at Baysbore
4315 Bavshore Drive. Nanles Florida 34112
(Street address and City, State and Zip Code)
and legalJy desmibed in Exhibit A attached hereto.
The property described herein is the subject of an applic:ation for MPUD planned unit development (M PUD) zoning. We
hereby designate Pizutti Solutions, LLC and Banks EngIneerIng, legal represenllItive thereof, as the lepI representatives
of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of
seeking the nccessmy approvals to develop. This authority Includes, but is not limited to, the hiring and authorization of
agents to assist in the preparation of applications, plans, surveys, and studies necessuy to obtain zoning approVaI on the
site. These representatives wiD remain the only entity to authorize development activity on the property until SIlCh tlme as
a new or amended covenant of unified control is delivered to Collier County.
The undersigned recognize the following and will be guided """"rdingly in the pursuit of development of the project:
I. The property will be developed and used in conformity with the approved master plan including all conditions placed
on the development and all commi_ agreed to by the applic:ant in connec:tion with the planned unit development
rezoning.
2. The legal represenllllive identified herein is responsible for compliance with aU tenns, conditions, safeguards, and
stipulatioos made It the time of approval of the master plan, even If the property is subsequently sold in whole or in
part, unless and unti1 a new or amended covenant of unified control is delivered to and recorded by Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for In the planned UDit development pnx:ess will constitute a violation of the Land Development
Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restric:tions which nm with the land so as to provide notice to subsequent owners that all development activity within
the planned unit development must be consistent with those terms and conditlons.
5. So long as this covenant is in force, Collier County c:an, upon the discovery of nOD<:ODIplian<:e with the terms,
safeguards, and conditlons of the planned unit development, ~ equitable relief as nec:essuy to compel complianc:e.
The County will not issue permits, c:ertifi<:ates, or lic:enses to o<:c:upy or use any part of the planned unit development
and the County may stop ODgoing construction a<:tivity until the project is brought into compliance with all terms,
~m:"- _
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James Coletta. eRA OudnnRn
PrInted Nllllle Printed Nllllle
~ .. to form & 1-.l1llllcMnclv
STATE OF FLORIDA) 4""fUt.t:. or; ;-;;1+1<'
COUNTY OF COLLIER) tunty-+:~
Sworn to (or affirmed) and subscribed before me this '2. day of
who is personally known to me or has produced
Roviscd No.ZOO9
...................................11...........
i IAN M1TCHI!ll .
!.. Com.... DDOIlOO3 ~
j . e.pne 712ll12012 I
. .
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...............................................
200!Qby J AME.S (oLf;TTA
u . .
.
Notary
(Name
tJtvt( 1\JfhlIA i/lib 1>t'\ ~
1663
cO'~T County
,~.,~~-
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 643-6968
COVENANT OF UNIFIED CONTROL
The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property
commonly known as Cultural Arts Village at Bayshore
4265 & 4315 Bavshore Drive. NaDles. FL 34112
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property described herein is the subject of an application for mixed-use planned unit development (M PUD) zoning.
We hereby designate Pizutti Solutions, LLC and Banks Engineering, legal representative thereof, as the legal
representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in
the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and
authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning
approval on the site. These representatives will remain the only entity to authorize development activity on the property
until such time as a new or amended covenant of unified control is delivered to Collier County.
5.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project:
The property will be developed and used in confonnity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and
stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in
part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County.
A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for in the planned unit development process will constitute a violation of the Land Development
Code.
All tenns and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity within
the planned unit development must be consistent with those terms and conditions.
So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit
dev opment and the County may stop ongoing construction activity until the project is brought into compliance
~ '^-. 'I terms, conditions d safeguards of the planned unit development.
"'., ...,~.
. ~', I,
1.
2.
3.
4.
Owner
Owner
AHt::Jf:':' '. . / -
OWIGHT~~~.
, '. . .
Donna Fiala. CRA Chairman
Printed Name
Printed Name
-
STATE OF FLORJDA)
COUNTY OF COLLIER)
Sworn to (or affirmed) and subscribed before me this
.\)c..",J(\. ~\ f\I..-A
who is personally known to m~ or has produced
<0
,~) j, C.
day of b-' 20'lQ by"
---- .. 1\
/ a.s '~en~tk j. 'no
/'----- / /
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ltem"
Notary
Agenda ;.-~()
1-lt>1D
. Klatzkow
Attorney
-~~",.._.,.__._._----,_.._~~---
to form & legal sufficiency
Revised Nov2009
Ann P. Jennejohn
1663
From:
Sent
To:
Subject
Attachments:
Ann:
jourdanj [JeanJourdan@colliergov.net]
Wednesday, July 07,20102,51 PM
Ann P. Jennejohn
Exhibit A Covenant of Unified Control March 23 2010 Agenda Item 16G#
Exhibit A Covenant of Unified Control 3 23 10 Item 16 G3.pdf
I have attached a copy of the Exhibit "A" for your records.
Jean Jourd. n , AICP
Jean Jo,rdan. Proiect M'nagr
Bayshore/G:Aew . y Triangle CiA
239.643-1115
_".PiW: .1, B ~'iR t r rfGf{J
m.EBfl~f~L'Y~.
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iT;I";, F', c^!:': CO.';';, (>11':;11
1
1663
~:HIBIT_.b-~
3880992 OR: 4082 PG: 0911
UCOIDID 11 ormIU UCOIDI of coum conn, n
01/12/2001 at t2:5911 DlICII I. 1IOCI, elIll
COIl 'IOOOto."
DC m lI.st
DOC-. TO moo.oo
This instrument prepared without benefit
oftitie examination or title opinion by:
MICHAELJ. VOLPE, ESQtlIIU!
ROBINS, KAPLAN, MILLER" CIRESI, L.L.P.
711 Fifth Avenue South. Suite 201
Naples. Florida 34102
lIu:
IOIIIS WW I\' AI.
T1I 5!11Vl I
WUI rL mOl
WARRANTY DEED
TIllS INDENTURE, made this 1M day of ~..~/- f- 2006, between PLUMERIA
ENTERPRISES, LLC, a Florida LlmlTedLlabWty ~, whose address is Post Office
Box 771240, Naples, Florida 34107, G OLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, of County Commissioners, Collier
County, Florida 3301 East Tamiami es, 3411 , E.
Parcel 2:
The East 200 feet of the West 42S feet of Lot 109, Naples Grove and Truck
Co's Little Farms No.2, according to the plat thereof recorded In Plat Book 1,
Page 27A, of the Publlc Record. of CoWer County, Florida. Together with an
IngreN aDd Egres. Euement acron the North 30 feet of tbe Eat 100 feet of
the West ns feet of Lot 109, Napla Grove aDd Truck Co'. Little Farm. No.2.
Parcel 3:
All of Lots 108, LESS and EXCEPTING the North 273.44 feet of the West 425
feel aod the Kelly Road Rlpt-of-Way, Naples Grove aDd Track Co's Little
Farm. No.1, accordlDg to the plat thereofrecorded ID Plat Book I, Page 27A,
of the Public: Record. of Collier ConDty, Florida.
0" Little Farms No.
, Page 27 A, LESS the
llc Records of Collier
WITNESSETH, That sai
and other good and valuable co ide
whereof is hereby acknowled ed,
Grantees' heirs and assigns fo ve
County, Florida, to-wit:
('J
Parcell: i:-'
The Wat 41S Feet of I;
2, according to the plat
Ea.t 200 feet and the W
County, Florida.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
SUBJECI' TO covenants, easements and other restrictions common to the
subdivision, and real estale taxes for the year 2006 and all subsequent years.
Page lof2
NPI65031200.2
1663
ttt OR: 4082 PG: 0912 t*t
Property Identification Numbers 61840960006 (parcell); 61840960103 (parcel 2);
and 61840840003 (parcel 3)
The Grantor wanants that this property is vacant and unimproved.
and said Orantor docs hereby fully wanant the title to said land, and will defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed on the
day and year fust above written.
STATE OF FLORIDA
COUNTY OF COUNTY
f-<
~
00 oJ" ~
The foregoing instrwnent .r::: day of 2006, by
TEDDY PLAISTED ELE'IT, as UMERIA ENTERP ES, LLC., a
Florida Limited Liability Compaay, I known to me or who have produced
(type of identification as identification and did (did not) take an oath.
NOTE: If a type of identification Is not inserted in the blank provided, then the person(s) executing this
instrument was personally known to me. If the words in the parenthetical "did not" are nol circled, then the
person(s) executing this inslnDnenl did take an~ ~
M C .. E . tf}_ J
y ommlSSlon Xplres: . ~ --
Si lUre I
:~ ~. BwJ\!_
(Type or print name of Notary)
~:.~ NlllIIlA.....
M;.' II'fl:lJn 1'.1110-'
. . ElIPIlEIkftllWlll,"
""'~fWfI: .......................
NPI 65037200.2
~.
1663
3999022 OR: 4209 PG: 1601
RBCORDID in O!!ICIAL RICDRDS of COLLIBR COUNTi, !L
01/09/2001 at 10:01AN DWIGHT B. BROC!, CLm
RIC !II 18.50
coms 2,00
This illstrum~nt prepared without benefit
of title examination or title opinion by:
MICHAELJ. VOLPE, ESQUIRE
ROBINS, KAPLAN, MILLER & CIRESI, L.L.P.
711 Fifth Avenue South. Suite 101
Naples. Florida 34102
Retn:COLLIBR COURTY
CONNUNITI RIDIVILO!NlRT AGIRCY
2110 BAISHORI DR tll
RAmS FL 31112
WARRANTY DEED
THIS INDENTURE, made this LI-fl, dav of ~ ,2007, between PLUMERlA
ENTERPRISES, LLC, a 'Florida Limited Lhibility ompany, whose address is Post Offiee
Box 771240, Naples, Florida 34107, GR OLLlER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, who ~ of County Commissioners, Collier
County. Florida 3301 East Tamiami <1 eS,34112, E.
WITNESSETH, That said ra
and other good and valuable con der tio
whereof is hereby acknowled d,
Grantees' heirs and assigns fore er
County, Florida, to-wit:
o the sum ofTEN DOLLARS,
ai by said Grantees the receipt
Id to the said Grantees, and
It ate lying and being in Collier
Kelly Road Right-of-Way,
ing to the plat in Plat Book
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
SUBJECT TO covenants, easements and other restrictions common to the
subdivision. and real estate taxes for the year 2007 and all subsequent years.
Property Identitication Number 61840840003.
The Grantor warrants that this property is vacant and unimproved.
and said Grantor does hereby fully warrant the title to said land, and will defend the same against
the lawful claims of all persons whomsoever.
Page lof2
;-.WI 65040]63 I
1663
*** OR: 4209 PG: 1602 ***
IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed on the
day and year first above written.
The foregoing instrument
TEDDY PLAISTED ELETT, as
Florida Limited Liability C m
O(\\Jt~ l.., l.er\Se4 (typ ~
NOTE: If a type of identificatio .
instrument was personally known
person(s) executing this instrument
ci!1f!xSEAL)
AISTED ELETT, as Managing
Membe r PLUMERIA ENTERPRISES, LLC,
a Florida Limited Liability Company
STATE OF FLORIDA
COUNTY OF COUNTY
My Commission Expires: 5/otJ /0
NO'OOlY PUBUC.STATE OF FlORIDA
~ Erin M. LaURhlin
Con,unlsslon # DOJ46975
Expires: MAY 01, 2010
Bonded Thru. AIJiUldlOlkm4in. Co., Inc.
_.t(iVl m. kaumf (\
(Type or print name 0 otary)
NPI 6S040l6l1