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Backup Documents 12/14/2010 Item #17BCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: Growth Mana¢ement/PUD Monitoring Person: Laurie Beard Date: 11/03/10 Petition No. (if none, give brief description): Close Out of ten PUD's. Petitioner: (Name & Address): Collier County Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Laurie Beard, Planner, PUD Monitoring, Growth Management Division, 2800 N. Horseshoe Drive, Naples, FL 34104 Hearing before BCC Requested Hearing date: December 14, 2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: Legally Required Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 068783, PO#4500122889 R we by: � Il- o9�Zxdo liam Lorenz, D ision A inistrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS f A . For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office A . Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: l`f o Date Advertised: ( 0 17B Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M. Tuesday, December 14, 2010 in the Board of County Commissioners Chambers, 3rd Floor, Administration Building, County Government Center, 3299 East Tamiami Trail, Naples, Florida, to consider: A Resolution of the Board of County Commissioners of Collier County, Florida, to consider and designate the Close Out of ten (10) approved Planned Unit Developments (PUDs) as Closed Out. The selected group of PUDs has fully completed development pursuant to their development orders, constructing to the authorized density and /or intensity or relinquishing their remaining density and /or intensity and have been found by county staff to be compliant with their specific developer commitments. The ten PUDs are located in Collier County, Florida and are listed by their approved name with their locations described below: CRESCENT LAKE ESTATES: Located on the east side of Airport Road approximately 1 mile north of Vanderbilt Beach Road, Section 25, Township 48 South, Range 25 East, consisting of 5 acres. CYPRESS GREEN APARTMENTS: Located on the west side of North 18th Street, approximately 3/ mile north of Immokalee Drive, Section 32, Township 46 South, Range 29 East, consisting of 9.55 acres. EAST TOLL PLAZA: Located on the south side of Beck Blvd., approximately 1.2 miles east of CR -951, Section 1, Township 50 South, Range 26 East, consisting of 19.7 acres. EBOLI: Located on the south side of Immokalee Road, east of April Circle PUD and west of 1 -75, Section 30, Township 48 South, Range 26 East, consisting of 8.97 acres. FOUNTAIN PARK: Located on the southwest corner of Airport Road and Vanderbilt Beach Road, Section 2, Township 49 South, Range 25 East, consisting of 10.14 acres. GOLDEN GATE VILLAS: Located on Golden Gate Parkway, east of the Community tenter, Sections 22 & 27, Township 49 South, Range 26 East, consisting of 18.05 acres. HERON LAKE: Located north of 1 -75, south of Golden Gate City and east of Santa Barbara Blvd., Section 33, Township 49 South, Range 26 East, consisting of 101.52 acres. PARKWAY PROMENADE: Located on the north side of Golden Gate Parkway, east of 53rd Street SW., Section 28, Township 49 South, Range 26 East, consisting of 1.12 acres. SOUTHWEST PROFESSIONAL HEALTH PARK: Located on the south side of Immokalee Road, approximately one mile east of Tamiami Trail, Section 26, Township 48 South, Range 25 East, consisting of 18.5 acres. WHIPPOORWILL PINES: Located X mile south of Pine Ridge Road and east of Whippoorwill Lane, Section 18, Township 49 South, Range 26 East, consisting of 29.54 acres. 17B I RESOLUTION NO. 2010- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING TEN (10) APPROVED PLANNED UNIT DEVELOPMENTS: CRESCENT LAKE ESTATES, CYPRESS GREEN APARTMENTS, EAST TOLL PLAZA, EBOLI, FOUNTAIN PARK, GOLDEN GATE VILLAS, HERON LAKE, PARKWAY PROMENADE, SOUTHWEST PROFESSIONAL HEALTH PARK AND WHIPPOORWILL PINES, WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND /OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS. WHEREAS, the following Planned Unit Developments have all been "built -out" Pursuant to Section 10.02.13.F.I of the Collier County Land Development Code or have been found by County Staff and Division Administrators to be in full compliance with the requirements of 10.02.13.F: Cypress Green Apartments, East Toll Plaza, Eboli, Golden Gate Villas, Heron Lake, Parkway Promenade and Southwest Professional Health Park ; and WHEREAS, it is in the mutual interests of the herein named Planned Unit Developments and Collier County to close out the Planned Unit Development so that annual reporting obligations on behalf of the Planned Unit Developments and review of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, certain of the herein named Planned Unit Developments have explicitly complied with each and every developer commitment (Crescent Lake Estates, Fountain Park and Whippoorwill Pines) and the remaining seven Planned Unit Developments have been reviewed by the County for compliance with their original commitments after initial review noted potential incomplete commitments and have been found by County staff pursuant to 10.02.13.F.5 to be determined to be no longer necessary and release by the Board of County Commissioners.. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following Planned Unit Developments within Collier County are found to be "built -out" and therefore are deemed "closed out" for purposes of the Land Development Code Section 10.02.13.F: Crescent Lake Estates (Ords. 51 -65, 86 -26), Cypress Green Apartments (Ord. 87 -03), East Toll Plaza (Ords. 85 -57, 88 -38), Eboli (Ord. 97- 23), Fountain Park (Ord. 99 -05), Golden Gate Villas (Ord. 88 -40), Heron Lake (Ords. 83 -47, 90 -79), 17B "I Parkway Promenade (Ord. 95 -63), Southwest Professional Health Park (Ord. 89 -74, 96 -81), and Whippoorwill Pines (Ord. 00 -17). THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of — , 2010. ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN 17B Acct. #068783 November 12, 2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Closeout of (10) PUD's Dear Legals: Please advertise the above referenced notice on Sunday, November 28, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk PO #4500122889 17g NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on TUESDAY, December 14, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Suite #304, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING TEN (10) APPROVED PLANNED UNIT DEVELOPMENTS: CRESCENT LAKE ESTATES, CYPRESS GREEN APARTMENTS, EAST TOLL PLAZA, EBOLI, FOUNTAIN PARK, GOLDEN GATE VILLAS, HERON LAKE, PARKWAY PROMENADE, SOUTHWEST PROFESSIONAL HEALTH PARK AND WHIPPOORWILL PINES, WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND /OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS. A Resolution of the Board of County Commissioners of Collier County, Florida, to consider and designate the Close Out of ten (10) approved Planned Unit Developments (PUDs) as Closed Out. The selected group of PUDs has fully completed development pursuant to their development orders. Constructing to the authorized density and /or intensity or relinquishing their remaining density and /or intensity and have been found by county staff to be compliant with their specific developer commitments. The ten PUDs are located in Collier County, Florida and are listed by their approved name with their locations described below: CRESCENT LAKE ESTATES: Located on the east side of Airport Road approximately 1 mile north of Vanderbilt Beach Road, Section 25, Township 48 South, Range 25 East, consisting of 5 acres.; CYPRESS GREEN APARTMENTS: Located on the west side of North 18th Street, approximately 2 mile north of Immokalee Drive, Section 32, Township 46 South, Range 29 East, consisting of 9.55 acres.; EAST TOLL PLAZA: Located on the south side of Beck Blvd., approximately 1.2 miles east of CR -951, Section 1, Township 50 South, Range 26 East, consisting of 19.7 acres; Eboli: Located on the south side of Immokalee Road, east of April Circle PUD and west of I -75, Section 30, Township 48 South, Range 26 East, consisting of 8.97 acres.; FOUNTAIN PARK: Located on the southwest corner Airport Road and Vanderbilt Beach Road, Section 2, Township 49 South, Range 25 East, consisting of 10.14 acres.; GOLDEN GATE VILLAS: Located on Golden Gate Parkway, east of the Community Center, Sections 22 & 27, Township 49 South, Range 26 178 1 East, consisting of 18.05 acres.; HERON LAKE: Located north of I -75, south of Golden Gate City and east of Santa Barbara Blvd., Section 33, Township 49 South, Range 26 East, consisting of 101.52 acres.; PARKWAY PROMENADE: Located on the north side Golden Gate Parkway, east of 53r Street SW., Section 28, Township 49 South, Range 26 East, consisting of 1.12 acres,; SOUTHWEST PROFESSIONAL HEALTH PARK: Located on the south side of Immokalee Road, approximately one miles east of Tamiami Trail, Section 26, Township 48 South, Range 25 East, consisting of 18.5 acres.; WHIPPOORWILL PINES: Located V mile south of Pine Ridge Road and east of Whippoorwill Lane, Section 18, Township 49 South, Range 26 East, consisting of 29.54 acres. Copies of the proposed Resolution 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 Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted 17B 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) 17� t Martha S. Vergara From: Martha S. Vergara Sent: Friday, November 12, 2010 11:58 AM To: Naples Daily News Legals Subject: PUD Close Outs (10) Attachments: PUD (10) Closeout (12- 14- 10).doc; Closeout of (10) PUDs (12- 14- 10).doc Legals, Please advertise the following attached ad on Sunday. November 28, 2010. 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 .vergaraC&collierclerk.com 178 Martha S. Vergara From: Legals NDN [legals @naplesnews.com] Sent: Friday, November 12, 2010 12:28 PM To: Martha S. Vergara Subject: RE: PUD Close Outs (10) Attachments: image001 Jpg M Happy Thanksgiving! Emely Pagan Legaf Dept. Naples DaiCy News 1100 ImmokaCee Wpaal Naples, F.G. 34110 Legal Line: 239- 213 -6061 Email: legals@naplesnews.com From: Martha S. Vergara fmai Ito: Martha .Vergara(abcolIierclerk.coml Sent: Friday, November 12, 2010 11:58 AM To: Legals NDN Subject: PUD Close Outs (10) Legals, Please advertise the following attached ad on Sunday. November 28. 2010. Send an ok when you receive. Thanks, Martha Ver ara Deputy Clerk 17B 9 p tN 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 Please visit us on the web at www.colliercierk.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 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 helodeskCa)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. Martha S. Vergara 17B From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Friday, November 12, 2010 12:32 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS2C6E.jpg 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 1876722 Total Ad Cost $393.54 Emely Pagan 239 - 213 -6061 1 LML opts (10) RV 17g we 9 I 17B Affiant further says that the said Naples Daily News is a newspaper #t published at Naples, in said Collier County, Florida, and that the said t newspaper has heretofore been continuously published in said Collier i; P County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post 1 office in Naples, in said Collier County, Florida, for a period of ] year next preceding the first publication of the attached copy of pro advertisement; and affiant further says that he has neither paid nor .E r are onrfl` tha` tabard antl die promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in a said ne aper. ( Signature of affiant) Sworn to and subscribed before me �Ehencard f This 1 st day of December, 2010 M ym, ara a a (Signature of ( g notary b ry public) MV3*44112 i . �� KAROL E KANGAS k * S Notary Public - State of ' * � f F MY Comm. `,;' Expires Jul 29, 2013 Commission F�2237 a i,� ,,,,,,, . # DD 91 [ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 4?,y 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 Office. 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 exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) Applicable) Agenda Date Item was 2. Agenda Item Number 17b Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Resolution U � Number of Original 4. Attached I Documents Attached 5. Ian Mitchell, Supervisor, BCC Office Board of County Commissioners t t 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 Laurie Beard Phone Number 252 -5782 Contact apipropri ate. (Initial) Applicable) Agenda Date Item was 12 -14 -10 Agenda Item Number 17b Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution U � Number of Original 1 Attached I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not apipropri ate. (Initial) Applicable) 1. 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 `:b contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board C�, 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. L 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson 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 your deadlines! 6. The document was approved by the BCC on 12 -14 -10 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Ob County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17B MEMORANDUM Date: December 17, 2010 To: Laurie Beard, Planning Transportation & Planning Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2010 -238 Attached please find one copy (1), as referenced above, (Agenda Item #17B), approved by the Board of County Commissioners on Tuesday, December 14, 2010. The Minutes & Records Department has retained the original Resolution to be kept for the Board's Official Records. If you should have any questions, please contact me at 252 -8411. Thank you. RESOLUTION NO. 2010- 2 3 8 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING TEN (10) APPROVED PLANNED UNIT DEVELOPMENTS: CRESCENT LAKE ESTATES, CYPRESS GREEN APARTMENTS, EAST TOLL PLAZA, EBOLI, FOUNTAIN PARK, GOLDEN GATE VILLAS, HERON LAKE, PARKWAY PROMENADE, SOUTHWEST PROFESSIONAL HEALTH PARK AND WHIPPOORWILL PINES, WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND /OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS. WHEREAS, the following Planned Unit Developments have all been "built -out' Pursuant to Section 10.02.13.F.1 of the Collier County Land Development Code or have been found by County Staff and Division Administrators to be in full compliance with the requirements of 10.02.13.F: Cypress Green Apartments, East Toll Plaza, Eboli, Golden Gate Villas, Heron Lake, Parkway Promenade and Southwest Professional Health Park; and WHEREAS, it is in the mutual interests of the herein named Planned Unit Developments and Collier County to close out the Planned Unit Development so that annual reporting obligations on behalf of the Planned Unit Developments and review of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, certain of the herein named Planned Unit Developments have explicitly complied with each and every developer commitment (Crescent Lake Estates, Fountain Park and Whippoorwill Pines) and the remaining seven Planned Unit Developments have been reviewed by the County for compliance with their original commitments after initial review noted potential incomplete commitments and have been found by County staff pursuant to 10.02.13.F.5 to be determined to be no longer necessary and release by the Board of County Commissioners.. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following Planned Unit Developments within Collier County are found to be "built -out' and therefore are deemed "closed out' for purposes of the Land Development Code Section 10.02.13.F: Crescent Lake Estates (Ords. 81 -65, 86 -26), Cypress Green Apartments (Ord. 87 -03), East Toll Plaza (Ords. 85 -57, 88 -38), Eboli (Ord. 97- 23), Fountain Park (Ord. 99 -05), Golden Gate Villas (Ord. 88 -40), Heron Lake (Ords. 83 -47, 90 -79), 17B Parkway Promenade (Ord. 95 -63), Southwest Professional Health Park (Ord. 89 -74, 96 -81), and Whippoorwill Pines (Ord. 00 -17). THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this VA 43A day of 'b e_e e-,,&,. r , 2010. ATTEST: DWIGHT E. BROCK, CLERK rp,..> t L t C i Cb Clerk Approved as *110 %6 and legal sufficiency: Steven T. Williams Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA j} b By: " FRED W. COYLE, CHA Item # J::V agenda L t GO Date Date Recd Deputy Clerk