Agenda 04/28/2009 Item # 8A
Agenda Item No. 8A
April 28. 2009
Page 1 of 85
EXECUTIVE SUMMARY
PUDA-2007-AR-llS46 Longshore Lake Foundation, Inc., represented by Robert L. Duane,
AICP of Hole Montes, Inc., is requesting a Planned Unit Development (PUD) Amendment
to Longshore Lake PUD Ordinance No. 93-3, Section 3.2.B. to allow an off premise sign for
Satumia Falls (aka Terafina PUD) in Tract B of the Longshore Lake, Unit SC Subdivision;
or, in the alternative to allow the off-site premise sign to become an on-site premise sign for
Longshore Lake; to amend Section 3.2.B. to allow an existing maintenance building to
remain as an accessory use; to reinsert omitted Traffic Requirements into Section V; and
to add Exhibit C, Deviations. The subject sign is located on a .5", acre property located on
the southeast comer of the Longshore Lake PUD, at the northwest corner of the
intersection of Immokalee Road (CR 846) and Logan Boulevard in Section 20, Township 48
South, Range 26 East, Collier County, Florida
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to amend the
Longshore Lakes Planned Unit Development (PUD) as noted above and ensure the project is in
harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
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CONSIDERATIONS:
The petitioner is proposing an amcndment to Ordinance Number 93-3, the Longshore Lake PUD
instead of adopting a new PUD by Ordinance and repealing that Ordinance. No changes are
proposed to uses, densities or intensities approved in the existing PUD.
The purpose of the amendment to Longshore Lake PUD is to accommodate an off-site premise
sign for the Terafina PUD/Satumia Falls development in the residential district of the Longshore
Lakes PUD. The off-site sign will be located at the southeast comer of the Longshore Lake
PUD, in the northwest comer of the intersection of lmmokalee Road and Olde Cypress
Boulevard. The sign may be converted to a future on-site premise sign for Longshore Lakes
around the year 2012.
The request for an off-site sign is not supported by a typical variance request. This is because
only a variance from dimensional requirements may be requested. A variance can not be
requested from a land use such as this off-site sign in a residentially zoned district. However, the
applicant has the right to pursue this request for an ofT-site sign through the PUD amendment
process. This is one of the primary rcasons Staff can not support the proposed amendment.
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The 636.8:10 acre Terafina PUD/Satumia Falls project is not located directly on Immokalee Road.
It is one mile north of Immokalee Road on the east side of Olde Cypress Boulevard and is north
ofOlde Cypress PUD/DRI. The Teratina PUD/Satumia Falls development is approved for 850
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Agenda Item No. 8A
April 28. 2009
Page 2 of 85
dwelling units. Access to the Terafina PUD/Satumia Falls development will be provided from
the extension of Olde Cypress Boulevard to Bonita Beach Road.
The 320.5H acre Longshore Lake PUD was originally approved in 1987 with the adoption of
Ordinance Number 87-54. This ordinance was first amended in 1990 with the adoption of
Ordinance Number 90-93. On January 12, 1993, the Board of County Commissioners approved
Ordinance Number 93-03 that repealed Ordinance Number 87-54. The Longshore Lake PUD is
approaching project build-out for the approved 566 single-family dwelling units.
Since the original Collier County Planning Commission (CCPC) hearing dates, the off-site
premise sign that was proposed has been reduced slightly in size. The sign copy has been
reduced from 62 square feet to 53 square feet, exceeding the maximum code area of 12 square
feet by 41 square feet. The proposed sign wall area has been reduced from 270 square feet to
210 square feet. The height of the proposed sign has been reduced from 12.5 feet to 8 feet,
meeting the code prescribed height. (Please note: these changes have reduced the number of
requested deviations from six to four.) The original sign was not lighted, the current sign is
lighted as depicted in Exhibit B-3 ofthe Ordinance.
The petitioner is now proposing an amendment to Ordinance Number 93-03, the Longshore Lake
PUD instead of adopting a new PUD by Ordinance and repealing this Ordinance. The amending
Ordinance proposes the following changes:
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. Section 3.2.BA.: The applicant is requesting added language to allow an off-site sign for
Satumia Falls (aka Terafina PUD). The applicant has also requested that in the event the lease
for the off-premise sign is terminated between Longshore Lakes and Satumia Falls/Terafina
PUD, the sign may become an on-site premise sign for Longshore Lake.
Traffic Requirements Section 5.2. Stipulations subsection 2, 3, and 4: The applicant
seeks to reinsert transportation stipulations that were adopted but inadvertently left out of the last
adopted version ofthis PUD.
. Section IX "List of Deviations:" The applicant is seeking four deviations from the
requirement of Collier County Land Development Code (LDC) Section 5.06.00. Signs. The
analysis of the requested deviations is provided in the "Deviation Discussion" section of the Staff
Report.
. Exhibits: The following Exhibits depicting the proposed off-site premises sign and
related landscaping and irrigation are proposed to be added to the Longshore Lake PUD: Exhibit
B-1 "Corner Identification Signage Plan," Exhibit B-2 "Landscape Plan and Details," Exhibit B-
3 "Project Sign Irrigation Plan," and Exhibit B-4 "Irrigation Details and Notes."
No increases in intensity or density are proposed and no changes are proposed to the Master
Plan. This petition is incorporating a strike through and underline fonnat to address the specific
changes proposed only. It has been determined that this type of PUD amendment does not
"open" the entire PUD to additional scrutiny.
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Agenda Item No. SA
April 28, 2009
Page 3 of 85
FISCAL IMPACT:
The PUD amendment by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD rezone is approved, a portion of the land could be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element (FLUE): Future Land Use Element (FLUE): The subject properties
are located within the Urban Residential Sub-district of the Future Land Use Map (FLUM) of the
GMP. The GMP does not address signs, it focuses on the b'l'eater issue of actual land use.
ENVIRONMENTAL ISSUES;
Environmental Services staff has not reviewed the petition because this is a small scale amend-
._ ment that will not have any impact on environmental issues. As a result, this petition was not
required to be presented to the Environmental Advisory Council (EAC).
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition PUDA-2007-AR-1 ]546 on March 19, 2009, and by a vote of 6-1
recommended to forward this petition to the Board of County Commissioners (BCC) with a
recommendation of approval subject to the following conditions:
1. The off-premise sign shall terminate no later than when the Logan Boulevard Extension
between lmmokalee Road and Bonita Beach Road is constructed and accepted by Collier
County.
The Commissioner who objected to this petition did so because of his concern that adding
another large sign at the aIde Cypress Boulevard/lmmokalee Road intersection in addition to the
large aide Cypress sign would be too much signage at the intersection.
Since the CCPC motion was not unanimous and considering Staffs overall recommendation of
denial, this petition has been placed on the regular BCC agenda.
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Agenda Item No. 8A
April 28, 2009
Page 4 of 85
LEGAL CONSIDERATIONS:
This is an amendment to the existing Longshore Lake PUO (Ordinance No. 93-3, as amended)
which proposes to amend the PUD to allow an off premise si&'11 for Saturnia Falls (aka Terafina
PUO) in Tract B of the Longshore Lake and to allow an existing maintenance building to remain
as an accessory use. This proposed amendment is quasi-judicial in nature and as such requires
ex parte disclosure. As such the burden falls upon the applicant for the amendment to prove that
the proposal is consistent with all of the criteria set forth below. The burden then shifts to the
Board of County Commissioners (BCC), should it consider denial, that such denial is not
arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the
amendment does not meet one or more of the listed criteria.
Criteria for pun Rezones
Ask yourself the following questions. The answers assist you in making a determination for
approval or not.
1. Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of a&'feements,
contract, or other instruments or for amendments in those proposed, particularly as
they may rclate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
afier consultalion v,ith the County Attorney.
3. Consider: ConfOlmity of the proposed PUD amendment with the goals, objectives
and policies of the Growth Management Plan.
4. Consider: The intemal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements, restrictions on
design, and buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
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Agenda Item No. 8A
April 28, 2009
Page 5 of 85
8. Consider: Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the Growth Management Plan?
10. Will the proposed PUD amendment be appropriate considering the existing land use
pattern?
II. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogical1y drawn in relation to
existing conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the
proposed amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
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15.
Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
20. Consider: Whether the proposed change wil1 constitute a grant of special privilege
to an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used III
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
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Agenda Item No< 8A
April 28, 2009
Page 6 of 85
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of the range
of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD amendment
on the availability of adequate public facilities and services consistent with the levels
of service adopted in the Collier County Growth Management Plan and as defined
and implemented tlu'ough the Collier County Adequate Public Facilities Ordinance
[Code ch.l 06, mi. II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and welfm'e?
,'_.
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Staff Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
BCC hearing as these items relate to these criteria. A supennajority vote of the Board is
necessary for approval. The proposed Ordinance was prepared by the County Attorney's Office.
(HFAC)
RECOMMENDATION:
Staff recommends that the Board of County Commissioners deny the request for an off-premise
sign and approve the request for PUDA-2007-AR-11546 Longshore Lakes subject to Staffs
conditions of approval as follows:
As previously recommended in the Supplemental Staff Report dated November 5, 2008, Staff
recommends that the CCPC forward the Longshore Lakes PUD to the Board of County
Commissioners (BCC) with a recommendation of denial for the off-site premise sign.
1. The landscape maintenance building shall be approved as an accessory use as shown in
the revised PUD Ordinance.
2. The revised Transportation Commitments shall be inserted into the PUD Ordinance as
shown in the revised PUD Ordinance.
Should the BCC be inclined to approve the request for an off-premise sign for PUDA-2007-AR-
11546 Longshore Lakes, then Staff recommends the Board's approval be conditioned with the
CCPC condition of approval as fo Ilows:
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Agenda Item No. 8A
April 28, 2009
Page 7 of 85
I. The off-premise sign shall terminate no later than when the Logan Boulevard Extension
between Immokalee Road and Bonita Beach Road is constructed and accepted by Collier
County.
PREPARED BY:
Nancy Gundlach, AICP, Principal Planner
Department of Zoning & Land Development Review
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Page 7 of7
Item Number:
Item Summary:
Meeting Date:
r CleC 1 VI k
Agenda Item No. 8A
April 28, 2009
Page 8 of 85
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SA
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDA-2007-AR-11546 Longshore Lake Foundation, Inc"
represented by Robert L. Duane, A1CP of Hole Montes. lnc, requesting a Planned Unit
Development (PUD) Amendment to Longshore Lake PUO Ordinance No. 93~3, Section 3.2
B. to allow an off premise sign for Saturnia Falls (aka Terafma PUO) in Longshore Lake Unit
5C, Tract B; or, in the alternative to allow the off-srte premise sign to become an on-site
premise sign for Longshore Lake: to reinsert partially omitted Traffic Requirements: Section
5.2, Stipulations subsection 2: to reinsert omitted Traffic Requirements: Section 5.2,
StIpulations subsections 3 and 4; and to add Section 8: Deviations. The subject sign is
located on a .5 acre property located on the southeast corner of the Longshore Lake PUD, at
the northwest corner of the intersection of lmmokalee Road (CR 846) and Logan Boulevard
In Section 20, Township 48 South, Range 26 East. Collier County, Florida. (CTS)
4128120099:0000 AM
Prepared By
Nancy Gundlach
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
417/20091 :54:07 PM
Approved By
Norm E. Feder, Alep
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
Date
417/20094:28 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Approved By
Transportation Planning
417/20094:38 PM
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
4/131200912:12 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
411312009 3:05 PM
Susan Istenes, Alep
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Approved By
Zoning & Land Development Review
4113/20095:04 PM
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
41151200910:38 AM
Approved By
Joseph K. Schmitt
Community Development &
Date
.L':1_. '11'-_1 A ____ .-l_'T'__..IT"n__ __....11,...0 A __ _:1(\/ """"'10 1\/ ""I""'IAf\"\f\O 1\/ '"I" A ~"'{ Trn'T'TC"T"~I\/"""TH TnT T
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Agenda Item No. 8A
April 28, 2009
Page 9 of 85
Environmental Services Adminstrator
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4115120091:22 PM
Approved By
Heidi F, Ashton
County Attorney
Assistant County Attorney
County Attorney Office
Date
4115120093:15 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Office of Management & Budget
Date
41171200911:12AM
Approved By
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
Date
411712009 1 :36 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/1912009 1 :02 PM
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AGENDA I Tt:A\fbrii-tm. 2009
Page 10 of 85
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S91~;iel" County
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STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
SUBJECT:
NOVEMBER 20, 2008
PETITION NO: PUDA-2007-AR-11546, LONGSHORE LAKES
PLANNED UNIT DEVELOPMENT (PUD)
HEARING DATE:
____.__n__..._______..._.
PROPERTY OWNER/AGENT:
Prope11v Owner/Applicant:
William Bates, President
Longshore Lake Foundation, Inc.
11399 Phoenix Way
Naples, FL 34119
Co-Applicant:
N. Maria Menendez, Vice President
GL Homes of Naples 1I C0l110ration
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, FL 33323
Agent:
Mr. Robe11 1. Duane, AICP
Hole Montes, Inc.
950 Encore Way
Naples, FL 341 I 0
REOIJESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPe) consider a proposed
amendment to Ordinance Number 93-03 the Longshore Lake Plamled Unit Development (PUD) to
allow an off-site premise sign for Saturnia Falls (also know as Terafina PUD) in Longshore Lake
Unit 5C, Tract B; or, in the alternative to allow the off-site premise sign to become an on-site
premise sign for Longshore Lake; to insert Section 3.2.BA. "Accessory Uses," to reinsert partially
omitted Traffic Requirements: Section 5.2, Stipulations subsection 2; to reinsert omitted Traftic
Requirements: Section 5.2, Stipulations subsections 3 and 4; and to add Section IX "Deviations"
(Exhibit C "List of Deviations).
Longshore Lake PUP, PUPA-2007-AR-11546
September 8, 2008
Page 1 of 11
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Agenda Item No 8A
April 28, 2009
Page 12 of 85
GEOGRAPHIC LOCATION:
The 320.5H acre Longshore Lake PUD is located approximately one mile east of 1-75 and is
located on the north sidc of Immokolee Road (CR 846) and west of aIde Cypress Boulevard in
Section 20, Township 48 South, Range 26 East, Collier County, Florida.
The subject of the proposed sign, Saturnia Falls, also known as Terafina PUD is located
approximately one mile north of the intersection of hmnokalee Road and aIde Cypress Boulevard
in Section 16, Township 48 South, Range 26 East, Collier County, Florida. (See location map on
previous page.)
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is proposing an amendment to Ordinance Number 93-3, the Longshore Lake PUD
instead of adopting a new PUD by Ordinance and repealing that Ordinance. No changes are
proposed to uses, densities or intensities approved in the existing PUD.
The purpose of the amendment to Longshore Lake PUD is to accommodate an off-site premise
sign for the Terafina PUD/Saturnia Falls development in the residential district of the Longshore
Lakes PUD. The of I-site sign will be located at the southeast corner of the Longshore Lake PUD,
in the northwest corner of the intersection ofImmokalee Road and Olde Cypress Boulevard. The
sign may be converted to a future on-site premise sign for Longshore Lakes around the year 2012.
The request for an oft~site sign is not supp01ted by a typical variance request. Tlus is because only
a variance from dimensional requirements may be requested. A variance call not be requested
from a land use such as this oft~site sign in a residentially zoned district. However, the applicant
has the right to pursue this request for an off-site sign through the PUD amendment process. This
is one of the primary reasons Staff can not support the proposed amendment.
The 636.8:< acre Terafina PUD/Saturnia Falls project is not located directly 011 Inm10kalee Road.
It is one mile notth ofImmokalee Road on the east side of Olde Cypress Boulevard and is north of
Olde Cypress PUD/DRl. The Terafina PUD/Saturnia Falls development is approved for 850
dwelling units. Access to the Terafina PUD/Satumia Falls development will be provided from the
extension of aIde Cypress Boulevard to Bonita Beach Road.
The 320.5 H acre Longshore Lake PUD was originally approved in 1987 with the adoption of
Ordinance Number 87-54. TI1is ordinance was first amended in 1990 with the adoption of
Ordinance Number 90-93. On January 12, 1993, the Board of County Commissioners approved
Ordinance Number 93-03 that repealed Ordinance Number 87-54. The Longshore Lake PUD is
approaching project build-out for the approved 566 single-family dwelling units.
The proposed off-site sign will be double-sided and will have approximately 62 square feet of sign
copy. The sign will be attached to walls that 1'01111 a v-shaped structure and each wall will be
approximately 270-square feet in area. The sign copy exceeds the maximum code area of 12
square feet by 50 square feet or 416 percent. The 12.5-foot height of the sign exceeds maximum
code height of 8 feet by 4.5 feet or 64 percent.
Longshore Lake PUD, PUDA-2007-AR-11546
September 8. 2008
Page 4 of 11
Agenda Item No. 8A
April 28, 2009
Page 13 of 85
The petitioner is now proposing an amendment to Ordinance Number 93-03, the Longshore Lake
PUD instead of adopting a new PUD by Ordinance and repealing this Ordinance. The amending
Ordinance proposes the followjng changes:
· Section 3.2.BA.: The applicant is requesting added language to allow an oW.site sign for
Saturnia Falls (aka Terafina PUD). The applicant has also requested that in the event the lease for
the off-premise sign is terminated between Longshore Lakes and Saturnia Falls/Terafina PUD, the
sign may become an on-site premise sign for Longshore Lake.
· Traffic Requirements Section 5.2. Stipulations subsection 2, 3, and 4: The applicant seeks
to reinsett transportation stipulations that were adopted but inadveltently left out of the last
adopted version of this PUD.
· Section lX "List of Deviations;" The applicant is seeking seven deviations from the
requirement of Collier County Land Development Code (LDC) Section 5.06.00. Signs. The
analysis of the requested deviations is provided in the "Deviation Discussion" section of this Staff
Report.
· Exhibits: The following Exhibits depicting the proposed ofj:site premises sign and related
landscaping and il1'igation are proposed to be added to the Longshore Lake PUD: Exhibit B-1
"Corner ldentification Signage Plan," Exhibit B-2 "Landscape Plan and Details," Exhibit B-3
"Project Sign lrrigation P]an," and Exhibit B-4 "lITigation Details and Notes."
No increases in intensity or density are proposed and no changes are proposed to the Master Plan.
This petition is incorporating a strike through and underline format to address the specific changes
proposed only. It has been determined that this type of PUD amendment does not "open" the
entire PUD to additional scrutiny.
SURROUNDING LAND USE AND ZONING:
North: Quail CTeek, a residential golf course community zoned RSF-2 and GC
East: Olde Cypress PUDIDRI, a residential golf course community, zoned PUD/DR]
South: lmmokalee Road, a six-lane divided roadway then, Estates zoning
West: Quail II PUD, commercial development, then Valewood Drive and then a developed golf
course, zoned PUD
Longshore Lake PUO, PUDA.2007-AR-11546
September 8, 2008
Page 5 of 11
Agenda Item No. 8A
April 28, 2009
Page 14 of 85
SUBJECT
SIGN
OF PROJECT SITE
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject properties are located within the Urban
Residential Sub-district of the Future Land Use Map (FLUM) of the OMP. The OMP does not
address signs, it focuses on the greater issue of actual land use.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable detemlination must be based, These criteria are specifically noted in Section 10.03.05 I.
and Section 10.02.13.B.5 of the Land Development Code (LDC) and require staff evaluation and
comment. The Collier County Planning Commission (CepC) and the Board of Collier County
Commissioners (BCC) also used these criteria as the basis for their recommendation. Appropriate
evaluation of petitions for amendments to PUD's should cstablish a factual basis for suppottive
action by appointcd and elcctcd decision-makers. Each of the potential impacts or considcrations
identified during the staff review are listed under each of the criterion noted and are summarized
by staff, culminating in a determination of compliance, non-compliance, or compliance with
mitigation. These evaluations are completed as separate documents and are attached to the staff
report (See Exhibit "A" and Exhibit "B").
Transportation Review: TrallspOltation PI31ming staff has reviewed this project and is
reconmlending approval of this amendment subject to the stipulation that the applicant reinsett the
Traffic Stipulations that were inadvertently left out of the previously adoptcd Ordinance Number
93-03. The applicant has included the stipulations in the Section V "Traffic Requirements"
subsection 5.2 "Stipulations" 2, 3 and 4 of the Ordinance.
Zoning Review: The proposed 3111endment to Section 3 "Development Regulations" subsection
3.2. BA. "Accessory Uses," Section V "Traffic Requirements" subscction 5.2 "Stipulations" 2, 3
and 4 and the addition of Section IX "List of Deviations" will not changc the currently approved
Longshore Lake PUD. PUOA-2007.AR.11546
September 8, 2008
Page 6 of 11
Agenda Item No. 8A
April 28, 2009
Page 15 of 85
permitted uses and intensity. The change primarily addresses the proposal for an off-site sign and
the reinsertion of transpoliation stipulations that were inadvertently left out of the previous
ordinance.
Del,iatioll Discussioll:
The petitioner is seeking seven deviations from LDC requirements and has provided justification
in support of the deviation requests. The deviations are found in Section IX "List of Deviations"
of the amended PUD Ordinance. Staff has analyzed the deviation requests and provides the
analyses and recommendations below:
The first requested "deviation" is not a deviation per LDC Subsection 10.02.13 A.2.v. It is an
amendment to the Longshore Lake PUD. The applicant seeks relief from LDe Subsection 5.06.04
C.16.a. which requires that "Off-premises directional signs shall only be pe1111itled in
nonresidentially zoned, or agricultural districts." The alternative proposal would allow an off-site
sign for a residential land use where none is cUlTently allowed.
Pelilioner's Ralionule: This request is justified in order allow an off-site sign for Terafina PUD
within the residentially zoned Longshore Lake PUD. (See Exhibit Section IX "List of
Deviations").
Slq!J Analysis and Recommendation: Zoning and Land Development Review staff recommends
denial. LDe Section 5.06.01 sets forth the general PUl110se why there are sign standards in Collier
County citing:
Increased numbers und sizes of signs, as well as certainlypes (if lighling dislracllhe ul/enlion of
motorisls and pedeslrians, and intel/ere with tl'{!fJic safety. The indiscriminale erec/ion of signs
degrades the aeslhetic attracliveness of Ihe natural and mal1lnade a/lribute.l' of Ihe community
and Ihe/'eby undermines the economic value of tourism, visitalion and permanent economic
gl'owlh.
Staff is of the opinion that the applicant (Ten'afina PUD/Saturnia Falls) has not provided sufficient
justification to allow the proposed sign in the residential district of the Longshore Lake PUD based
upon the petitioners' own decision to develop a property with residential uses fmiher from the
intersection of Olde Cypress Boulevard and Immoka1ee Road. That rationale provided could be
used for every residential development that docs not front an artcrial roadway, which would result
in a proliferation of signs.
Deviation # 1 (applicant deviation # 2) seeks relief from LDC Subsection 5.06.04 C.16.b.i. which
requires that: "Each [ofT-premise] sign is not more than 12 square feet in area." The alternative
proposal would allow each sign to be 62.4 square feel.
Peli/ionel"s Rationale: This deviation is justified because the size limitation of 12 square feet
would not be visible to the public traveling on lmmokalee Road. Visibility is further diminished
by the 1 DO-foot wide Immolcalee Road canal which is located between Immokalce Road and the
proposed sign location. (See Exhibit "E-I" "Comer Identification Signage Plan.")
Longshore Lake PUD, PUDA.2007-AR-11546
September 8, 2008
Page 7 of 11
Agenda Item No. 8A
April 28, 2009
Page 16 of 85
SlqU'Analysis and Recommendation: Zoning and Land Development Review Staff reconUllends
denial. Staff is of the opinion that the applieant has not provided adequate justification to SUpp0l1
the requested deviation allowing the proposed sign to exceeds the maximum allowable size by 156
percent. Furthermore, the proposed sign is located on a wall that is 270 square feet in area.
Granting the requested deviation would confer upon the applicant special privilege that would be
denied to other property owners in the residential district.
As previously stated, the request for an otl~site sign is not supp0l1ed by a typical variance request.
This is because a variance from dimensional requirements only may be requested. A variance can
not be requested from a land use such as this oft~site sign in a rcsidentially zoned district.
However, the applicant has the right to pursue tillS request for an off-site sign through the PUD
amendment process. This is one of the primary reasons Staff can not supp0l1 the proposed
amendment.
Deviation # 2 (applicant deviation #3) seeks relief from LDC Subsection 5.06.04 C.16.b.i. which
requires that: "The sign is not more than eight feet in height above the lowest center grade of the
aJterial roadway."" The a1temative proposal would allow a 9-foot high sign that is located on a 4-
foot high berm, or a sign that is 12.5 feet above the adjacent arterial roadway.
Petitioner's Ralionale: The petitioner has requested this to allow the off~premise sign as depicted
in Exhibits "B-1", "B-2", "B-3" and "B-4."
Staff Analysis and Recommendalion: Zoning and Land Development Review Staff recommends
denial. The applicant has not provided adequate justification for staff to support the requested
deviation allowing a sign that exceeds the maximum allowable height by 64 percent. Granting the
requested deviation would confer upon the applicant a special privilege that would be denied to
other property owners in the residential district.
Deviation # 3 (applicant deviation # 4) seeks relief from LDC Subsection 5.06.04 C.16.b.v. which
requires that: "The sign shall only be located within 1,000 feet of the intersection of the arterial
roadway serving the building, structure, or use."
Petilionel' 's Rationale: The Terafina PUD/Saturnia Falls is located approximately one mile from
Immokalee Road, the arterial roadway that would serve the Teralina PUD/Saturnia Falls uses, and
the proposed location for the sign. This distance between Teralina PUD/Saturnia Falls and the
arterial roadway creates the need for the sign location.
Staff Ana~J'sis and Recommendalion: As previously stated in Deviation number 1, the intent of this
code provisions is to prohibit off-premise signs in residential zoning districts. The proposed off-
premise sign is located a mile away on a residential zoned parcel in a different development from
the residential development that it is identifying.
Deviation # 4 (applicant deviation # 3) seeks relief from LDC Subsection 5.06.04 C.16.c. which
requires that: "Off-premises directional signs shall not be located closer than 50 fect from a
residentially zoned district."
Longshore Lake PUO. PUDA-2007-AR-11546
September 8, 2008
Page 8 of 11
Agenda Item No. 8A
April 28. 2009
Page 17 of 85
Petitioner '.\' Ralionale: The subject property is within the residentially zoned Longshore Lake
PUD. There is no non-residentially zoned property in the vicinity of the intersection of Immokalee
Road and Logan Boulevard.
Slqff Analysis and Recommendation: The current sign requirements of the LDC have been
adopted to promote the welfare of the community as noted in the citation above. In staff's opinion,
approval of this deviation is not consistent with the sign provisions of the LDC and is not
compatible because of its close proximity to an established residential neighborhood. Therefore,
Zoning and Land Development Review staiT recommends DENIAL, finding that, in compliance
with LDC Section 1O.02.I3.A.3, the petitioner has not demonstrated that "the element may be
waived without a detrimental effect on the health, safety and welfare of the community" and LDC
Section 1O.02.13.B.5.h, the petitioner has not demonstrated that the deviation is '~justified as
meeting public purposes to a degree at least equivalent to literal application of such regulations."
Deviation # 5 (applicant deviation # 6) seeks relief from LDC Subsection 5.06.04 C. 16.c. which
requires that: "On-premises signs within residential districts. Two ground signs with a
maximum height of eight feet or wall residential entrance or gate signs may be located at each
entrance to a multi-family, single-family.......' to allow the oft~premiscs sign to become an on-
premise sign and to exceed the eight foot height limitation.
Petitioner's Ralionale: To provide visibility for project signage and identification for the Terafina
PUD which does not have frontage on Immokalee Road.
Stqlj'Analysis and Reco111l11endalion: Zoning and Land Development Review Staff recommends
denial. Even though the proposed sign is separated by a canal, Staff is unable to find adequate
reason to support authorization of a sign that exceeds the maximum allowable height by 64
percent. Granting the requested deviation would confer upon the applicant special privilege that
would be denied to other property owners in the residential district.
Deviation # 6 (applicant deviation # 7) seeks relief from LDC Subsection 5.06.02 A.6.b. which
requires that: "The ground or wall signs shall not exceed a combined area of 64 square feet, and
shall not exceed the height or length of the wall or gate upon wbich it is located." The alternative
proposal would allow each sign to be 62.4 square feet or a combined total of 128.4 square feet.
Petitioner's Rationale: To provide visibility for project signage and identification for the Terafina
PUD which does not have fh1l1tage on Immokalee Road.
Slq[{ Analysis and Recommendalion: Zoning and Land Development Review Staff reconunends
denial. Staff is unable to find adequate reason to support authorization of a sign that exceeds the
maximum allowable size by 206 percent. FUl1hennore, the proposed sign is located on a wall that
is 270 square feet in area.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Synopsis provided by Linda Bedtelyon, Community Planning Coordinator and rewritten by Nancy
Gundlach, Principal Planner:
Longshore Lake PUD, PUDA~2007.AR.11546
September 8, 2008
Page 9 of 11
Agenda Item No. 8.A.
April 28, 2009
Page 18 of 85
TIle applicant duly noticed and held the required meeting on May 23, 2007 at 5:30 p.m. at the
November 29, 2007, 5:30 PM at the Longshore Lake Clubhouse, 11399 Phoenix Way, Naples,
Florida. Approximately eight people including the applicant, Kevin Ratterie of GL Homes, the
agent Bob Duane, and County Staff attended the meeting.
The applicant and the agent presented a brief overview of the off-premise sign for Satumia Falls,
also knmNn as Terafina RPUD. They stated that the proposed sign will be located at the soutbeast
comer of Longshore Lake, west of Old Cypress PUDIDR1, on Immokalee Road. The sign will be
270 square feet in size, 9 feet high, and located on top of a berm feature that will include plantings
of sabal palms. Mr. Ratterie further stated the following: "We're responsible for the landscaping;
we have a Home Owners Association (BOA) lease with Longshore Lake; there will be no spot
lighting on the sign, we'll be using coach lamp type lighting fixtures."
Mr. Ratterie displayed a rendering of the sign. There were no objections to the proposed sign.
The meeting concluded at 5:45 p.m.
RECOMMENDATION:
Zoning and Land Development Review staff reconunends that the Collier County Planning
Conunission forward Petition PUDA-2007-AR-1l546 to the Board of County Conilllissioners
with a recommendation of denial.
Longshore Lake PUD. PUDA-2007-AR-11546
September 8, 2008
Page 10 of 11
Agenda Item No. 8A
April 28, 2009
Page 19 of 85
PREPARED BY:
,,'1 I, .' j) '-, , r I'
\ ll\iVlLt\\ I e,l fie 1\
NANCY GVJ'\DLACH, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
. ,.1 .
~., 'I ,. ,
i 'e. '.1
-' 1 ...... ~'.' "_
DATE
,-, '-.l,:".-C;...
\ I, ,tC(
REVIEWED BY:
lf~ ,<'A 7 lY) L-~
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
I(!, {;J(). C)S,/
DATE
~~
IO'(70~
DATE
RA YD. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
~Lrn.~
SUSAN M. ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
I () /"-0 ~ f
DATE
APPROVED BY:
/=~~;d~/
JSz~E -I K. SCHMI T, ADMINISTRATOR
Cr ITY DEVELOPMENT &
E IRONMENTAL SERVICES DIVISION
/<;I;!:- / /tJ y/
- ( 'DATE
MARK P. STRAIN, CHAIRMAN
COLLIER COUNTY PLANNING COMMISSION:
DATE
Tcntatively scheduled for the September 18,2008 Board of County Commissioners Meeting.
Exhibits: A. Rezone Findings
B. PUD Findings
Longshore Lake PUD. PUDA-2007-AR-11546
September 8, 2008
Page 11 of 11
Agenda Item No. SA
April 28. 2009
Page 20 of 85
EXHIBIT" A"
REZONE FINDINGS
I'ETITION PUDA-2007-AR-1l546
Chapter 10.03.05 1. of the Collier County Land Development Code requires that the
repOlt and recommendations of the pjanning Commission to the Board of County
Commissioners shall show that the Planning Commission has studied and considered the
proposed change in relation to the following, where applicable:
1. Whcthcr thc proposed change will be consistent with the goals, objectives,
and policies and Future Land Use Map and the elements of the Growth
Management Plan.
The proposed PUD amendment is consistent with all applicable elements of the
Future Land Use Element (Fl.UE) of the Growth Management Plan (GMP).
2. The existing land use pattern.
As noted in the Staff Report, Longshore Lake PUD is a 320.51 clo acre parcel and
is approved for 566 single family units. Tcrrafina PUD is a 636.8clo acre parcel
and is approved for 850 dwelling units.
To the norlh of Longshore Lake PUD is Quail Creek, a residential golf course
community. To the cast is aide Cypress Boulevard and then aIde Cypress
PUD/DRI, a residential golf course community. To the south is Immokalcc Road
and then Estates zoning.
3. The possible creation of an isolatcd district unrelated to adjacent and nearby
districts.
The currently approved PUD was deemed to be of sufficient size and did not
result in an isolated district unrelated to adjacent and nearby districts when the
PUD was adopted. The proposed amendmcnt docs not changc the projects
consistency with the FLUE.
4. Whether existing district boundaries arc illogically dnlwn in rclation to
existing conditions on thc pl'Opcrty proposed for changc.
The proposed amendment to the Longshore Lake PUD doesn't change the
currently approved district boundaries that were previously deemed to be logically
drawn in relation to existing conditions at thc time the propClty was first rezoned
to a PUD.
5. '''''hethcr changed or changing conditions make the passage of the proposed
amendment necessal-Y.
PUD^-07-A R-11546, LONGSHORE L.A KE PUD
Pagel of 4
Agenda Item No. 8A
April 28. 2009
Page 21 of 85
The growth and developmcnt trcnds, and the challenging rcsidential market
conditions make the proposed amcndmcnt desirable to thc petitioncr. The
amcndment is not necessary, per se.
6. Whether the proposed change will advcrsely influcnec living conditions in
the neighborhood.
The proposed Sign amendment will allow for additional slgnage in the
neighborhood than would nOllnally be allowed.
7. Whether the proposed change will create or excessively increase t.-affic
congcstion or create types of traffic deemed incompatible with surrounding
land uscs, bccausc of pcak volumes or projceted typcs of vchieular traffic,
including activity during constrnction phases of thc devclopmcnt, or
othem'ise affect public safety,
The proposed amendment docs not incrcase the intcnsity of the approved PUD.
Therefore, the proposed PUD amendment will not excessively increase traffle
congestion.
8. Whether the proposed change will create a drainage problem,
The proposed amendment to allow for an off-premise sign and revisions to the
PUD document will not change the CUITcnt approved dcvelopment plan or
intensity of development. Therefore, the proposed amendmcnt will not create a
drainage problem.
9. Whether the proposed change will sel'iously rcduce light and air to adjacent
areas.
The proposed amendment will not change the currently approved development
standards that have been dctcrmined not to seriously rcduce light and air to
adjacent areas.
10. Whether the proposed change will adyersely affect propeloty values in the
ad.jaeent area.
The proposed amendmcnt will not change the pennitted uses, project intcnsity or
the approved development standards. Therefore, staff is of the opinion that this
petition will not adversely afTeet properly values. It should be noted that the value
of property is a subjective determination based upon anticipated results, which
may he internal or external to the subject property. Property valuation is affected
by a host of factors including I.oning, however zoning by itself mayor may not
affect values, since value de1ell11ination by law is driven by market value.
PUDA-07-AR-I 1546. LONGSHORE LAKE PUD
Page 2 of 4
Agenda Item No. 8A
April 28, 2009
Page 22 of 85
11. Whether the proposed ehange wiII be a detelTent to the improvcmcnt or
dcvelopmcnt of adjacent property in aecol'dancc with existing regulations.
The development of Terafina PUD/Saturnia Falls will be improved if the
Longshore Lake PUD amendment is approved because the signage amendments
will help to promote the developmcnt illld sales of Terafina PUD/Satumia Falls.
III addition, since the Longshore Lake PUD is nearly built-out, this proposed
amendment should not be a deterrent to its development.
12. Whether thc proposcd ehangc will constitute a gl'ant of speeial privilege to an
individual owner as contrasting with the public welfare.
Approval of this deviation would confer upon the applicant special privilege that
would be denied to other propelty owners in the residential district.
13. Whether there are substantial l'casons why the property cannot be used in
accordance with existing zoning.
The subject property is bcing dcveloped in accordance with the existing PUD
zoning. The proposed PUD amendment does not seek to alter the current uscs or
development standards.
14, Whethcr the change suggested is out of scale with the needs of the
neighborhood or the County;
As previously stated in the Staff Report, the proposed sign amendments result in
signage that is larger than what would otherwise be permitted in the County.
15. Whcthcr it is impossiblc to fiud other adequatc sites in the County for the
proposed use in districts alrcady permitting sur.II usc,
The Terafma POD seeks to locale an identification sign on an arlerial road. There
are no nonresidential sites located within its immediate vicinity to locate its
identification sign.
16, The physical charaetcristics of thc propel'ty and the degrcc of site altcration
which would be required to makc the property usablc fot' any of thc range of
potential uses under the proposed zoning classification.
The proposed amcndment will hardly impact the cUlTently approved physical
characteristics of the property.
I'UDA-07-AR-11546, LONGSlIORE LAKE I'UD
Page 3 of 4
Agenda Item No. 8A
April 28. 2009
Page 23 of 85
17, The impact of development on the availability of adequate public facilities
and sCI"Viccs consistent with thc levels of service adopted in the Collier
County Growth ]\,lanagemcnt Plan and as defined and implemented through
the Collicr Count)' Adcquatc Public Facilities Ordinance, as amended.
l\. multi-disciplined team responsible for jurisdictional elements of the GMP has
previously reviewed these PUD's and has found them consistent with the GMP.
Staffreviews for adequacy of public services and levels of service determined that
required infrastructure meets with GMP established relationships. The proposed
amendment will have no affeclupon those conditions.
PUDA-07-AR-t 1546. LONGSHORE LAKE pun
Page 4 of II
Agenda Item No. 8A
April 28, 2009
Page 24 of 85
EXIUBlT "B"
FINDINGS FOR PUD
PUDA-2007-AR-11546
Section 10.02. J3.B.S of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the following
criteria:
L The suitability of the al'ca for the typc and pattern of developmcnt proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and acccss, drainage, sewer, water, and other utilities.
Jurisdictional reviews by County staff support the manner and pattern of
development approved and developed for the subject properly. Development
conditions contained in the approvcd Longshorc Lakc PUD document givc
assurance that all infrastructures will be developed consistcnt with County
regulations. The proposed amcndment will not advcrsely impact the approved
mitigationmeasurcs that assure compliance with Level of Service relationships as
prcscribed by the GMP.
2. Adequacy of evidence of unified control and suitahility of any proposcd
agrccmcnts, con t!"llct, 01- other instruments, or fOI' amendments in those
proposcd, particularly as thcy ma)' relate to arrangcmcnts or provisions to he
made for the continuing operation and maintenance of such arcas and
facilities that are not to be provided 01' maintaincd at puhlic expense.
The applicant has provided cvidence of unilied control for this amendmcnt. The
Lease A6'reement submitted with the amendment application provides evidencc of
continuing private operation and maintenance of the proposed sign location.
3. Conformity of the proposed Planncd Unit Developmcnt with the goals,
objcctivcs and policies ofthe Growth Management Plan.
The currently approved PUD's have been found consistent with the goals,
objectives and policies ofthe GMP.
4. The internal and cxternal compatibility of proposcd uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and huffering and screening rcquirements.
Staff analysis indicates that this amendment will not adversely impact the PUD's
compatibility, both internally and externally, with the proposed and existing uses.
PUDA-07-AR-11546, LONGSHORE
LAKE PUD
Page 1 of2
Agenda Item No. SA
April 2S, 2009
Page 25 of 85
5. The adeq UllC)' of usable open space areas in existence and as proposed to
sen'e thc development.
The amount of open space cUlTently approved for this PUD is consistent with the
provisions of the Land Development Code. The proposed amendment will not
change the adequacy of the usable open space.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private,
Given the fact that the Longshore Lake PUD is almost built-out and that the
Terafina PUD/DR! is currently undcr dcvelopment, the timing or sequencc of
development in light of concurrency requirements is not a significant problem.
7. The ability of the subject property and of surrounding areas (0
accommodate expansion.
Ability, as applied in this context. implies supporting infrastructure such as
wastewater disposal system, potable water supplies, characteristics of the property
relative to hazards, and capacity of roads, is supportive: of conditions emanating
fr0111 urban development. Infrastructure is or will be in place in the vicinity and
its adequacy will be determined at thc timc of SOP approval. The proposed
amcndment will not adversely impact the ability to accommodate expansion.
8. Conformity with l'UD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
modifications arc justified as meeting public lmrposes to a degree at least
equivalent to literal application of such regulations.
The petitioner is seeking seven deviations (0 allow design flexibility in
compliance with the purpose and intent of the Planned Unit Development
Districts (LDC Section 2.03.06A). This criterion requires an evaluation of the
extent to which developmcnt standards and deviations proposed for Ihis PUD
depart ii.om development standards that would be required for tbe most similar
conventional ;coning district. Please refer to the slafT report for a more extensive
examination of the deviations.
PUDA-07-AR-I] 546. LONGSHORE
LAKE PUD
Page 2 of2
Agenda Item No. 8A
AGENDAj5rRlllll9;m09
Page 26 of 85
-f,i~
Com~-y County
___ --~- -"IiEif
SUPPLEMENTAL STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE:
MARCH 19, 2009
RE:
PETITION: PUDA-2007-AR-I 1546, LONGSHORE LAKES
The Collier County Planning Commission heard the Longshore Lakes Planned Unit Development
Amendment (PUDA) at its November 20, 2008 meeting. The petition was continued because of the
discovery of an existing landscape maintenance building that is not currently an allowed land use and
because of CCPC concerns regarding reinserted Transportation Commitments.
The petitioner has submitted a revised Planned Unit Development (PUD) Ordinance and revised sign
exhibits. The PUD Ordinance now includes a maintenance building as an aceessory land use. The
Transportation Commitments have been revised in Section Five of the Ordinance to reflect current
conditions. (Please note: the underlined language represents language that has been added to the
Ordinance.) They are as follows:
2. At the time that the intersection of CR 846 and Valewood Drive meets the
warranted requirements for a signal system, the developer shall, at his option,
design/install a traffic signal acceptable to the county and state, if CR 846 is a state road at
the time of meeting the signal warrants, or make payment to the county upon receipt of
invoice the allJount of $27 ,500 (55% of the estimated signal cost of $50,000) which would
allow the county to proceed with signal design and installation. Alternatively, if at the
time the traffic signal is warranted, there is an applicable county ordinance which
determines the fair share contribution toward the eost of the signal, the ordinance
requirements mal' be llJet in lieu of the above noted options. The developer's obligation
toward traffic si fo'l1a I improvement will be considered an imlJrovement subiect to
subdivision seeurity.
PUDA-2008-AR-IIS46, LONGSHORE LAKES
Page 1 of 4
Agenda Item No. SA
April 2S, 2009
Page 27 of 85
3. If approved by the Longshore Lake Homeowners Association. eithcr dircct or
cmergency access shall be provided from the Longshore Lake PUD to the Logan Blvd.
Ex!. at the time that Logan Blvd. roadway improvements me accepted by the County as a
public roadway. This detenninfltion will be left UJl to the Longshore Lake Homeowner's
Association as to the type of access to be provided.
Since the original CCPC hearing date of November 5, 2008, the ofT-site premjse sign that was origjnally
proposed has been reduced slightly in size. The sign copy has been reduced Jhlln 62 square feet to 59
square feet, exceeding the maximum code area of 12 square feet by 47 square feet. The proposed sign
wall area has been reduced from 270 square feet to 210 square feet. The height of the proposed sign has
been reduced from 12.5 feet to 11 feet, exceeding tbe maximum code height by 1.5 feet. (Please note; the
maximum code height of an off:premise sign is 8 fect. See Dcviation number 4 in Exhibit C of the
Ordinance for further explanation of how this calculation was arrived at). The original sign was not
lighted, the current sign is lighted as depicted in Exhibit B-3 of the Ordinance.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Synopsis provided by Cheri Rollins, Administrative Assistant:
A second NIM was held as a year had past since the first NIM was held and because the CCPC had
continued this petition in order to clarify a land use and Transportation Commitments. The NIM was
duly noticed by the applicant and held on January 29'1> at 5:30 p.m. at the Longshore Lakes Clubhouse,
11399 Phoenix Way, Naples, Florida. Nine people from the public attended, as well as thc applicant's
agent, Mr. Bob Duane of Hole Montes, Inc., and County Staff.
Mr. Duane presented an overview of the requested PUD Amcndment for the Longshore Lakes PUD. M1'.
Duanc sharcd that the Collier County Planning Commission continued this item to get clarification that
thc PUD commitments had been met. The two commitments in question are:
]. The requirement for an emergency access road, which will be left to the Home Owners Association to
determine if they want it and if so where it would be installed.
2. The landscape maintenance building that is currently exists is not listed as an accessory use. The
proposed amendment to the Longshore Lakes PUD will includc thc landseape maintenance building as an
accessory use. This will bring the building into compliance.
There were no objections or concerns expressed from the participants at this meeting. The meeting ended
at approximately 5;50 p.m.
Page 2 of 4
Agenda Item No. 8A
April 28, 2009
Page 28 of 85
RECOMMENDATION:
The Department of Zoning and Land Development Review Staff recommendation has changed from the
previous recommendation of denial as noted in tbe original staff report dated November 5, 2008 to partial
denial. Analysis indicates that this PUD amendment is consistent witb the OrOl\'tb Management Plan
(OMP) and is compatible with the sUlTounding neigbborbood.
Staff recommends that the CCPC forward the Longshore Lakes PUD to tbe Board of County
Commissioners (BCC) with a recommendation of approval for the landscape maintenance building as an
accessory land use and tbe insertion of the revised Transportation Commitments as stated in the attached
revised Ordinance.
As previously reeommended in tbe original Staff Report dated November 5, 2008, Staff fmiher
reeommends tbat the CCPC forward the Longshore Lakes PUD to the Board of County Commissioners
(BCC) with a recommendation of denial for tbe off-site premise sign.
ATTACHED INFORMATION:
Tbe Stall' Rep01t prepared for the November 5, 2008 Planning Commission meeting is attaehed. In
addition, a revised Ordinance and PUD with strike tlwu's and underlines are attached.
Page 3 of 4
Agenda Item No. 8A
April 28. 2009
Page 29 of 85
PREPARED BY:
V
NANCY G
I
DEPART T ZONING AND
LAND DEVELOPMENT REVIEW
/
, AICp, PRINCIPAL PLANNER
ffj), ?Q 2aJ1
DATE
REVIEWED BY:
~ (" 1\
,j1....v- 7. l,-) )J,
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
3/2/d9
DATE'
1
Ii ~
Ii
/7 )' ;' )i
.' (<"'''''1'11'(1''''' 0'(""/11./-----
RA YMONb V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
,:, ;;.6 /D}
I DATE
~__ 'v-y-v,1 _ \ $-Q..-'h..v.?
SU8'l1.N M, ISTENES, AIel', DIRECTOR
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
~z!m
DATE
APPROVED BY:
/f _:'" ~ '<:4~~-
(.TOSEPH K. SCHMITT, ADMINISTRA TOR
! C!>MMUNITY DEVELOPMENT &
'-ENVIRONMENTAL SERVICES DIVISION
.:2j '1' /tt1
I IDATE
'1 ' . '\ I
1'\ I " I ,1) ("I
J.j \ I lA, ,," \ / '"J IA.C /',,_,,-
r- -
MARK P. STRAIN, CHAIRMAN, CHAIRMAN
COLLIER COUNTY PLANNING COMMISSION:
, -) , ,~_ :1
I .. I( I 'CJ I
DATE
Tentatively scheduled for tbe April 28, 2009 Board of County Commissioncrs Meeting.
Page 4 of 4
HM
HOLE MONTES
ENGINEERS. PlANNERS. SURVEYORS
LANDSCAPE ARCHITECTURE
950 Encore Way' Naples, Florida 34110' Phone: 239.254.2000' Fax: 239.254.2099
PUDA-2007-AR\.~fOO;lltellEll!~6. 8A
LONGSHORE LAKE p' b,pnr 2'8': 2U09
Project: 19990245 "!Yage 30 of 85
Date: 1/6/09DUE: 2/4/09
December 23, 2008
Nancy Gundlach, AICP
Principal Planner
Collier County - CDES
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Longshore Lake PUDA-AR-11546
Petition to allow off-site premises sign for Terifina PUD
HM File No.: 1995087
Dear Ms. Gundlach:
Please be advised that we are ready to re-schedule the Longshore Lake PUDA CCPC meeting to
March 19thth, a Request for Continuance or Withdrawal is enclosed along with a check in the
amount of $750 for the continuance fee. Please note that the following has been added to the
submittal to address issues that surfaced at the last CCPC meeting:
I. Language was added to the Longshore Lake PUD Ordinance in Section 5.2 (2) that the
developer's obligation toward traffic signal improvement will be considered an
improvement subject to subdivision security and the issue arose as to whether the costs
had been paid. Based on the enclosed email from the Collier County Transportation
Dept., the proportional share has been paid to the county for the traffic signal
improvement.
2. Regarding emergency access, Section 5.2 (3), please note the following:
. Emergency access will not be connected to the Woodlands (nlk/a Olde Cypress)
as Olde Cypress is separated by what will be the extension of Logan Blvd.
. The Quail II shopping center is now no longer zoned for commercial use.
Ordinance No. 2005-52 changed the PUD zoning from commercial to residential
use, therefore, this interconnection is no longer feasible.
Naples' F 0!1 Myers' Venice
Page 2
Longshore Lake PUDA-AR-] ] 546
HM File No. 1995.087
Agenda Item No. SA
April 2S, 2009
Page 31 of 85
Based on the above changed conditions, the following language will be added to
the PUD: Either direct or emergency access will be proyided from the Longshore
Lake PUD to the Logan Blvd. Ext. at the time that Logan Blvd. is constructed. This
determination will be left up to the Longshore Lake Homeowner's Association as to
the type of access to be provided.
3. Regarding the language in 5.2 (4) pertaining to the landscape buffer, "A minimum 15
foot landscaped buffer shall be required between the "loop" road and Valewood Drive
where the two are parallel and adiacent." A review of plats for Longshore Lake along its
eastern edge between the loop road and Valewood Drive do not depict a ] 5 foot
landscape buffer. However, vegetative areas as can bc seen from the aerial photo do
generally exist in this area and a fence is located along the eastern edge of Longshore
Lake, adjacent to thc R-] area in the Quail II PUD, previously the Quail II Shopping
Center site within this area. Based on an inspection performed by Nancy Gundlach, her
opinion was that the landscaping has satisfied this provision of the PUD. (See also
attached pictures taken at ground level of the existing landscaping.)
4. At the CCPC meeting an issue surfaced as to whether the maintenance building located
behind the proposed of/site premise sign as can be seen from the attached aerial photo, is
a permitted use. The structures according to the attached subdivision plat are shown on
Tract B, Plat Book 32, Sheet I of 2 and are designated for use as open space/landscaping.
A review of Section 3.2.B, accessory uses, does not appear to allow for maintenance
buildings as an accessory use. Therefore, a new provision is added, Section 3.2.B.7, that
will allow these structures to be consistent with the current PUD Ordinance. The
language that is now included in Section 3.2.B.7. is noted as follows:
Maintenance buildings presently located in the southeast corner of the PUD on Tract B of
the subdivision plat, Plat Book 32. Page 33. Sheet 2 of 2, are a permitted accessory use to
provide maintenance of the residential areas in the Longshore Lake PUD. The existing or
H'\J995\199S087\WP\PUD Amendment 06-Temfina Off-sile sign cv\Rc$uhmittal Dee 2008\NG 081203 IClIcLCloc
Agenda Item No. 8A
April 28, 2009
Page 32 of 85
Page 3
Longshore Lake PUDA-AR-11546
HM File No. 1995.087
replacement structures of a similar size and location shall be deemed consistent with all
other provisions of this ordinance.
5. It was brought to our attention that a black line was located on Exhibits B-1 through B-3,
on the northern portion/top half of the exhibit. It was determined that this line was of no
consequence and it has been deleted from the attached exhibits.
6. Exhibits B-1 though B-4 (alon g with an additional exhibit, Exhibit B-5) have been
revised to provide for a somewhat smaller sign. Two hundred seventy (270) feet were
originally proposed and the sign now proposed is +/- 210 s.f. The copy area of the sign
previously reviewed was 56 s.f. The copy area now proposed is 50 sJ. The elevation is
also reduced by +/- 3 feet in height by reducing the height of the berm and the deviation
is now only 1.5 feet above the height permitted by code for an off-premises sign.
7. A minor clarification has been made on page 2 of 6, Section 3.2.B.4 of the ordinance,
pertaining to the conversion of the sign from an off-site premises sign to an on-site
premises sign for Longshore Lake.
Summary
The Longshore Lake PUD documents have been revised, both the abbreviated and strike
through/underlined version of the entire PUD to address the aforementioned issues. These
changes also include revisions to Section IX Deviations to revise numbers 2, 3, and 7 to reflect
the new size and elevation of the sign. The title of the Ordinance has also been revised to reflect
proposed changes.
H\199S\199S087\WP\PUD Amendment 06-Terafina Off-site sign cv\Resubmittal Dce 2008\NG 0&1203 IWer.doc
From:
Sent:
To:
Subject:
Pat and Bill [patnbillb@earthlink.net]
Thursday, December 04, 2008 2:26 PM
Bob Duane
Fw: AR-1l546; longshore lake PUDA
Agenda Item No. 8A
April 28. 2009
- - -page- 33-otB5- -
PUDA-2007-AR-lls46 REV: 6
LONGSHORE LAKE PUD
Project: 19990245
Date: 1/6/09DUE: 2/4/09
Bob, FYI Bill Bates
__On Original Message _m
From: AuclairClaudine
To: patnbillb@earthlink.net
Sent: Thursday, November 20, 2008 2:03 PM
Subject: FW: AR-11546; Longshore Lake PUDA
Mr. Bates:
Here is the email that was sent to Chairman Strain with regards to Longshore Lakes. Let me
know if you need any additional assistance.
From: GreeneMichael
Sent: Thursday, November 20, 2008 1:47 PM
To: AuclairClaudine
Subject: FW: AR-1l546; Longshore Lake PUDA
From: PodczerwinskyJohn
Sent: Wednesday, November 19, 20085:53 PM
To: Strain Mark
Cc: GundlachNancy; CasalanguidaNick; GreeneMichael
Subject: AR-1l546; Longshore Lake PUDA
Commissioner Strain,
With reference to the application being heard before the Planning Commission on Thursday
(AR-11546; Longshore lake PUDA); staff would like to confirm that the traffic signal
commitment listed in Section 5.2.2 of the PUD requirements was satisfied aher the project
review was completed.
Staff would also like to confirm that the Emergency access discussed in section 5.2.3 of the PUD
commitments would only be required if, and when, Logan 80ulevard extension is completed.
As a final note, Transportation staff has sought that the second page of Transportation
commitments be re-inserted into the document as this page was somehow omitted during the
most recent previous amendment ofthe PUD.
Thank you for your time,
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item No. 8A
April 28, 2009
Page 34 of 85
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
APRI!!tA;tIG)N..FEXR?RUBlit(aAE~gr~m~~;gI:;" ," . .,
l'8l AMENDMENT TO pub (PUD:&.) O. i>Vo REZONE';(ll\{d,?F .' 'd'~iJJit:1~~ij~~~f. ..
. (~"~_P.1;~lSt'-'__;:;i~~~;;";.;' _..~-,;;.;;~:;;~~:'-.;-;\)i,~~?ifl~
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
APPLICANT INFORMNflON
"1
,...Cc~':'..:.
-c..,.....-,...,
, :.. :"
NAME OF APPLlCANT{S) LONGSHORE lAKE FOUNDATION, INC
ADDRESS 11399 PHOENIX WAY
CITY NAPLES STATE FLORIDA ZIP 34119
TELEPHONE # 239-566-2304 CELL #
E-MAIL ADDRESS:
FAX # (239) 566-7594
NAME OF AGENT ROBERT L. DUANE, AICP, OF HOLE MONTES, INC.
ADDRESS 950 ENCORE WAY
CITY NAPLES
STATE-H
ZIP 34110
TELEPHONE # .239 254-2000 CELL #
E-MAIL ADDRESS: BOBDUANE(ci>HMENG.COM
FAX # 239254-2099
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGUlATIONS_
H:\1995\1995087\WP\PUD Amendment 06.Terallna Off-site sign cv\Resubmillal in Progress\APPLlCA TION-PUD Amendment Longshore
lake Revised 071220,doc
Agenda Item No. 8A
April 28, 2009
Page 35 of 85
A$.$1ii~I>\:Tl!P!l1&'''i
Complete the following for all Association(s) affiliated with this petition_ Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: QUAIL CREEK PROPERTY OWNERS ASSOC.
MAILING ADDRESS 4886 POND APPLE DR. CITY NAPLES STATE.H ZIP 34119
NAME OF HOMEOWNER ASSOCIATION: OLOE CYPRESS PROPERTY OWNERS ASSOC.
MAILING ADDRESS 889 J II TH AVE N CITY NAPLES
STATE FL
ZIP .34108
NAME OF HOMEOWNER ASSOCIATION: QUAIL CREEK VILLAGE HOMEOWNERS ASSOCIATION
MAILING ADDRESS 11875 QUAIL VILLAGE WAY CITY NAPLES STATE -EL ZIP 34119
NAME OF MASTER ASSOCIATION: OLDE CYPRESS MASTER ASSOCIATION
MAILING ADDRESS 3045 OLOE COVE WAY CITY NAPLES
STATE FL
ZIP 34119
NAME OF CIVIC ASSOCIATION: LONGSHORE LAKE FOUNDATION. INC.
MAILING ADDRESS 11399 PHOENIX WAY CITY NAPLES STATE FL ZIP 34119
Disclosure ofInterest!lif<H.mat!ob
a_ If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, OT joint tenancy, list all parties with an ownership interest
as well as the percentage of such interest. (Use additional sheets if necessary)_
Nome and Address
Percentage of Ownership
H:\1995\1995087\WP\PUD Amcndmenl 06-Terafina Off-site sign cv\Resubmiual in f'rogJessv\PPLlCA TION-PUD Amendment Longshore
Lake Revised 071220 doc
Agenda Item No. SA
April 2S, 2009
Page 36 of 85
".
e_
If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
Date of Contract: N / A
I. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address:
G_ t. Homes of Naples Associates II, Ltd.
(See attached disclosure of interest)
1600 Sawarass Corporate Parkway, Suite 230
(formerlv Suite 300)
Sunrise, Fl 33323
The lonashore lake Foundation. Inc. has entered into a lease Aareement with
the owner of Terafina PUD (G.t. Homes of Naples Associates II. lid.! for use of
the subiect property for the intended sian, subiect to County Commission
approval of this application_ Disclosure af interest for G.t. Homes is included
herein:
g. Date subject property ..."..ired [g] leased Dec. 7, 2006 [g] Term of lease 6 yrs
yrs./mos.
If, Petitioner has option to buy, indicate the following: NIA
Date of option:
Date option terminates:
. or
Anticipated closing date
h_ Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
earing, it is the responsibility of the applicant. or agent on his behalf, to submit a
supplemental disclosure of interest form_
H:\I 995\1 9950R7\WP'PUD Amendment 06"Terafioa Off-sire sign cv\Resubmillal in Progress\APPLlCATION-PUD Amendmenl L.ongshore
Lake Re..'ised 071 220.doc
Agenda Item No. 8A
April 28. 2009
Page 37 of 85
The proposed request will serve a public purpose by directing the motoring public to
Saturnia Falls and thereby reducing unnecessary trips and V-turn movements on
Immokalee Road that would result without the proposed directional sign_
In summary five deviations ore requested to Section 5.06.04.C 16 for the off-site premises
sign for the convenience of the motoring public. The PUD rezone criteria noted above
although in many instances not applicable, do not preclude the placement of the
directional sign at the proposed location in longshore lakes.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many
communities hove adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or nol the
request is offected by existing deed restrictions.
Previous land use petitions on the subied property: To your knowledge, hos a public hearing been
held on this property within the lost year? 0 Yes C2J No
If so, what was the nature of that hearing?
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made
and the application is assigned 0 petition processing number. The application will be considered
"closed" when the petitioner withdraws the application through written notice or ceases fo supoly
necessary information to continue orocessina or otherwise actively pursue the rezonino for a
period of six f61 months. An applicotion deemed "closed" will not receive further processing and
an application "closed" through inactivity shall be deemed withdrawn. An application deemed
"closed" may be fe-opened by submiuing 0 new application, repayment of all application fees
and granting of a determination of "sufficiency". Further review of the project will be subject to
the then current code. (lDC Section 10.03.05.0.)
H:\1995\1995087\WP\PUD Amendment 06-Terarma Off-sill: sign c\'\Resuhmit131 in Progrcss\A"I'PLIC ATION-PUD Amendmen1 Longshore
Lake Revised 07 J nO.doc
Agenda Item No. 8A
April 28, 2009
Page 38 of 85
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME. the undersigned Notary Public, personally appeared N. Maria Menendez (the
- AffI3Or), to me weft known 10 be the person who made and subscribed the following Affidavil who, upon
being firsl by me duly sworn on oath. deposed and said as lonows:
1. Afflant is the Vice President 01 G.L HOMES OF NAPLES II CORPORATION, a F10cida
corporation, the sole general partner 01 G.L. HOMES OF NAPLES ASSOCIATES II. LTD., a Florida
limiled partnership (the "Partnership") and as such has personal knowledge of the business and affairs of
said Partnership and 01 alllacts stated hereunder.
2. The sole general partner 01 the pannership is G.L. HOMES OF NAPlES II
CORPORATION, a Florida corporation (the "Corporation"). having an address 01 1600 Sawgrass
Corporate Parkway, SU~e 300. Sunrise, Florida 33323.
(a) The sole shareholder 01 the Corporation is G.L. HOMES OF FLORIDA HOLDING
CORPORATION, a Florida rotporalion ("Florida Holding"). having an address 01 t600 Sawgrass
Corporale Parkway. Suite 300. Sunrise. Florida 33323.
(b) The sole shareholder 01 Rorida Holding is ItzIlak Ezralti, having an address 01
1600 Sawgrass Corporate Parkway, Suite 300. Sunrise. Florida 33323.
3. The Iim~ed partners 01 the Partnership are: (a) G.L HOMES OF FLORIDA LIMITED
CORPORATION, a Florida corporation ("Florida Limited-). having an address of 1600 Sawg-ass
(;orporate Pal'kway, Suile 300. Sunrise. Florida 33323: and (b) RESIDENTIAL FUNDING
CORPORATION. a Delaware corporalion ("RFC"), having an address 01 8400 Normandale lake
Boulevard. Su~e 250, Minneapolis. Minnesota 55437.
(al The sole shal'eholder 01 Florida limned is FI()(ida Holding, having an address of
1600 Sawgrass Corporate Parkway, Suile 300. Sunrise. Florida 33323.
(i) The sole shareholder 01 FI()(ida Holding is Ilzhak Ezralli. having an
address 011600 Sawgrass Corporate Pal'kway, Suite 300, Sunrise. Florida 33323.
(b) The sole shareholder of RFC is RESCAP CORPORATION. having an address 01
8400 Normandale Lake Boulevard. Suite 250, Minneapolis. Minnesota 55437.
(i) The sole shareholder 01 RESCAP CORPORATION is GENERAL
MOTORS ACCEPTANCE CORPORATION. having an address 01 6400 Normandate lake Boulevard,
Suile 250. Minneapolis. Minnesota 55437.
4 This Affidavit is made and given in conneclion with thai certain application for a
Development CXder Exlension lor the Terafllla PUD by the Partnership. This Affidavit is made under
penallies 01 perjury. In addition. Affianl declares that Affiant has examined Ihis Affidavil and to the best 01
Affoanl's knowledge and beliel it is lrue. correct, and complete. Afflant further d<lcfares that Affianl has the
authority to execute this Affidavit on l>ehalf 01 the Partnership.
5. Affiant is executing this Affidavit solety in tler capacity as Vice President of the general
partner of the general partner 01 the Partnership. and no resort shall be had to any 01 Afflant's personal
assets on account hereof_
6. This affldavil is being given 10 correct an in inadvertent inaccuracy contained in
paragraph 3(b) 01 the Affidavit previously delivered to Collie< County in connection with that certain
application for a Development Order Extension for the T erafina ~ by the Partnership. a copy 01 which
is attached hereto as Exhibit-A".
Agenda Item No. 8A
April 28, 2009
Page 39 of 85
G.l. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida
limiled partnership
GL HOMES OF NAPLES II CORPORATlo.N. d Flomj..
f;()f~Or;ll:(l'~ ",s. Gel.ler-,ll Pilrl:\crJ'
. .
By _____~~~~,,:.~.___~
N\f\.1a1ja f\teoendel.. \ilCe-freSldp.l1t
'. . ~
SWORN TO. AND SUBSCRIBED before me lhis~ day of March. 2006.
e.
If there is 0 CONTRACT FOR PURCHASE, with on in v'
Trustee, or a Partnership, list the names of the contract
stockholders, beneficiaries, or partners.
. s F<I
Notary Public, State of
Commission No.:
Corporation,
the officers
Name and Address
Percentoge of Ownership
.N/A
.,0 ,
Anna B. Ernst
PeI.:>VlU:lJly IutUwulu IIle, Of
Produced identification
~ ~ ,~
\),:;~ E:~;~~'S~~'~;~ "25;.u2~~ ,..
,. . ..... '_ ~m, ..,= ~,..._--
~._._- -~---~--------------------
Dote of Co nlrod:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust.
Nome and Addres~
N/A
- .._---_.~--_._----_._-,.~._-- ~_.._------_.~.--~--~---
-----'--~.._--_.._.~-----
9.
Date subject properfy acquired C3J leased 0 Term of lease
5/5/2003 yrs.frro."c..
Agenda Item No. SA
April 2S, 2009
Page 40 of 85
PROPE'Ii:r,v LO~A$!~N^'..
",.....
. . .,,' ~:~!mm
':':kc~;")::-;."j::':1~
Detailed lel!al description of tbe propertv covered bv tbe application: (If space is ioadequate,
o"ach on separate page.) If request involves change to more than one zoning district, include
separate legal description for property involved in each district. Applicant sholl submit four (4)
copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if
required to do so otthe pre-application meeting. lONGSHORE lAKE UNIT SC TRACT B
NOTE: The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineers certification or sealed survey may be required.
Section/Township/Range 20/48 S/26 E
lot:
Block:
Subdivision:
Plat Book !Z Page #:90-91 Property 1.0.#: 56110003048
Metes & Bounds Description: (Please see attached leqal description for lonqshore lakes: the
locotion where the sian is to be physically located is a much smaller location area comprisinq
.05. acres and this folio # is provided in block above and leqal description.)
Size of property 5280 fl. x 2640 ft. = Total Sq. Ft. :!:21.000 Sa.Ft. Acres 0.5 :to
Size of (entire PUD) property 320.51 Acres
Address/general Location of subject property: Generally located west of the northwest corner
of Immokalee Rd. and future extension of Loqan Blvd., immediately north of the Cocohatchee
Canal and Immokalee Road at the southeast corner of the lonqshore lakes PUD.
PUD District (LDC 2.03.06): 1:8;] Residential 0 Community Facilities
o Commercial
o Industrial
ADJACENT ZONING AND LAND USE
Zoning
land use
Residential and Golf
N RSF-2 and GC
S ~
E !'.UD
W!'1!!;!
Golden Estates Residential
Olde Cvoress Commercial and Residential
Residential
Does the owner of the subject property own property contiguous to the subject property~ If sOJ
give complete legal description of entire contiguous property. (If space is inadequate, attach on separate
poge). NO, the Lonqshore lake Foundation, Inc. owns 31 other parcels in the Lonqshore
lakes community (all of .he common facilities) but none are specificallv contiquous.
exceptinq the lonqshore Way road ROW.
H:\1995\1995087\ WP\PUD Amendrnenl 06- Terafina Off-sile sign cv\Resubmittal in PrQgress\;\PPLlCA TION-PUD Amendment Longshore
Lake Revised 07 I 220_doc
Agenda Item No. 8A
April 28, 2009
Page 41 of 85
SectionfT ownship/Range
/
/
lot:
Block:
Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
REZQNE REQ.UEST .
. }~;~~
This application is requesting a rezone from the rUD zoning district(s) to the PUD zoning district{s).
Present Use of the Property: same with off-site Dfemise sian
Proposed Use (or range of uses) of the
property:
Original PUD Name: Loncuhore lake PUD Ordinance No~: 93-3
EV ALUATlON CRITERIA
Pursuant to Section 10.02. J 3 of the Collier County land Development Code, staff's analysis and
recommendation to the Planning Commission. and the Planning Commission's recommendation to
tbe Board of County Commissioners sholl be based upon consideration of the applicable c.riteria
noted below. Provide a narrative statement describing the rezone request with specific reference to
the criteria noted below. Include any backup materials and documentation in support of the
request.
PUD Rezone Considerations (lDC Section 1O.02.13.Bl
J. The suitability of the area for the type and pa"ern of development proposed in relation to
physical charaderistics of the landl surrounding areas, traffic and access, drainage, sewerl
water, and other utilities.
The area proposed for the placement of a sign 100 feet north of fmmokalee Rood ond
the future extension of logan Blvd. is a suitable location for the off.site premises sign to
aid the motoring public in identifying fhe location of Saturnio Falls one mile north of the
intersection of these two arterials.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are nol to be provided or maintained at public
H:\1995\1995087\WP\PUD Amendment 06-Terafina Off-silt sign cv\Resubmillalm Progress\APPLlCATfON-P-UD Amendmenl Longshore
Lake Revised 071220,doc
Agenda Item No. SA
April 2S, 2009
Page 42 of 85
expense. Findings and recommendations of this type shall be mode only aher consultation
with the county a"orney.
The longshore lake Foundation, Inc. has unified control over the area proposed for the
placement of the sign.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management pion.
This particular criteria lor the placemenl of the off-site premises sign can be found
consistent with policy 5.4 01 the FLUE that requires new development to be compotible
and complimentary to the surrounding land uses, subject to meeting compatibility criteria
of the lDC, as the proposed location is compatible for a directory sign-setback 100 feet
from Immokalee Road and nearby maintenance buildings.
4. The internal and external compatibility of proposed uses, which conditions may
include'restrictions on location of improvements, restrictions on design, and buffering
and screening requirements.
The proposed off-site premises sign as noted obove con be found compatible both internol
and external to the proposed development.
5. The adequacy of usable open space areas in existence and os proposed to serve the
development.
This criteria is not applicoble to the proposed request for the off.site premise sign.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
This criteria is not applicable to the proposed request for the off-site premises sign.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
This criteria is not applicable to the proposed request for the off-site premises sign.
8. Conformity with PUD regulations, or os to desirable modifications of such regulations
in the particular case, based on determination Ihat such modifications of justified os
meeting public purposes to 0 degree at least equivalent to literal application of such
regulations.
H:\1995\1995087\WP\PUD Amendment 06-Terafma Off-sile sign cv\Rcsubmittal in Progress\APPLlCA Tl0N-PUD Amenomenl Longshore
Lake Revised 07 I 220_doc
,..
Agenda Item No. 8A
April 28, 2009
Page 43 of 85
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403.2400 FAX (239) 643-6968
PRE-APPLICATION MEETING NOTES
g'POD Rezone
DpUD to PUD Rezone
~UD Amendment
Date: ~. \l.I'O' Time: '3:30 Firm:~I-
MJ> ..'iE'S-
-----
Proiecl Name: \;;::; ~RA-M"/lo- 'OW- S I -n:; "i-l ""..)
. Size of Project Site:,
acres
Applicant Name: 6oe. ~_,.;:
,
I ' :
. j I
IIPhone:
Owner Name:
Phone:
0...-.- Addre..:~.... .,. OO...'!.G.......ooO
City
State
ZIP
.,,": ~
Existing PUD Name and Number
! --. / -- .' ..-
L..-~,-'1~ ;,rr~~
,
-,1~
Assigned Planner
G..........._ \JA~...AJa-
Meeting Attendees: (affach Sign In Sheet)
Submittal requirements (s"" next page checklist):
-PkOl .... "",,-1..--- E>~ '("'eYo.e,.....ef'S ~ -,,~r.l.~..\ ''''....+- Creuk
~\....c.e.-\-) t.:..........lr-4 ~ <S (~~!801 S. <'
- 1 - f
G:ICurrentlNew Pre-Application Fonns 2006\PUD Rezone, PUD Amendment UD to PUD Rezone pre-app
050404.doc
PUD AMENDMENT.(PUDA)
.. PUD'tE,ZONE (puin)
PUD to PUD'REZONE.{PUDZ-A)
APpLICATION
SUBMJT'rAL CHECKliST
Agenda Item No. SA
April 2S, 2009
5
THIS COMPLETED CHECKLIST tS TO BE SUBMlnED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS AnACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBlnALS WILL NOT BE ACCEPTED.
REQUIREMENTS
#OF
COPIES
REQUIRED
NOT
REQUIRED
;y.
"
;<'
,7
~
Revised PUD document with chon es crossed thru & underlined
Revised PUD document w/omended Title page w/ord #'15, LDC
, 0.02.1 3.A.2
fC1lh'li>\'II"'.
~,~,.J~. ,,;;:.,
DeedS/legal's & Survey (if boundary of original PUD is amended)
list identifying Owner & all parties of corporation
Owner/Affidavit signed & notarized
Covenant of Unified Control
Completed Addressing checklist
24
24
2.
2
2,
21
2;
'i,
l;:
."
. ,
-")
Environmental Impact Statement (EIS) and digital/electronic copy of
EIS or exemption justification
Historical Surveyor waiver request
Utility Provision. Statement w I.ketches
Architectural rendering of proposed structures
Survey, signed & sealed
Trofflc Impact Statement (TIS) or waiver
Re<:ent Aerial Photograph (with habitat area. defined) mln scaled
1"=400'
Electronic copy of 011 document> in Word format and plans (CDRom or
Diskette)
If located in RFMU CRural Frtnae Mixed Usel Receivtna land Areas
Applicant must contad Mr. Gerry J. Lacavera, Stole of Florida
Division of Forestry @ 239-690-3500 for Infonnatlon regarding
"Wildfire Mitigation & Prevention Plan", IDe Section 2.03.0B.A.2.a.(b)I.c.
.~~,
.'i:
i
4'
4~
41
41
4\
11
4
5
I
;
1
Appficant/ Agent Signature
Date
- 2-
G:\CurrentINew Pre-Application Forms 2006\PUD Rezone. PUD Amendment PUD to PUD Rezone pre.app
050404.doc
Agenda Item No. 8A
April 28, 2009
Page 45 of 85
Fee" Application Fee:
0$10,000 [PUD Re%one} + $25 per acre (or fraction Ihereof)
o $8,000 (PUD to PUD) + $25 per acre (or fraction Ihereof)
~6,000 (PUD Amendment) + $25 per acre (or fraction thereof)
o $150.00 Fire Code Review
o $2,250.00 Comprehensive Planning Consistency Review
~ $500.00 Pre-application fee (Applications subml"ed 9 month. or more after the date of the last pre-app
meeling shall not be credited loward. application fees and a new pr.....pplication meeting will be required.
[i;I'" $729,00 legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily
News).
[g"" $363.00 legal Advertising Fee far BCC meeting
o $2500.00 Environmental Impact Statement review fee
~ Property Owner Nollflcation fees. Property Owner Notifications $'.00 Non-certified; $3.00 Certified refum
receipf mail (to be paid after recelpf of Invoice from Dept. of Zoning & Development Review)
Fee Total $
PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW:
Comments should be forwarded to the Planner prior to the due date
I SCHOOL DISTRICT ~ i PARKS & REC - Amanda Townsend =1
i SUPERVISOR OF ELECTIONS - IIMMOKALEE WATERISEWERDISTRICT
I DRlEM1 - EMER. MGMT - Jim Von Rintein H UTILITIES ENGINEERING - Zamira Deltoro
1_;_~~SO~''''''o' - CO," B_ Ro". Sh.o< I I _ '-
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.'fleeting Noles
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050404.doc
Agenda Item No. SA
Apnt28, 2009
Fe'" 16 06 11.54. Collier Co. ADDRESSING ytrt:>ffi;J;~'iff!JJ'o/l P1l'1l"Z60f85
02/1~I200S 1~:30 TEL 825420911 H M LAND DEVELOPMENT ~ Y U-- U il001fo03
/~ -;pfl
ADDRESSING CHECKLIST 77:7
Please complete the foUowing AND FAX 939-65'-5724) OR SUBMIT IN PERSON TO THE
ADDRESSING SECTION. FORM MUST BE SIGNEDlSY ADDRESSING PERSONNEL PRIOR TO PRE-
APPUCATION MEE11NG. Not 011 items will apply to every project. Items in bold type are required..
2. Foil.. (P....perty IV) ...mber(s) of above (attach 10. '>r associate with, legal descriptio" ifmo,.e INvs one)
00 I &3600000
3. StJed address or eddresses (as applicable, if al,.eady assigned)
NIA
4. Lc>catiOD map, showing l:X3Ct location ofprojectlsil. in relaUoD 10 nearest publie road riglrt-()f.way (attm:.h)
S. Copy of survey (NEEDED ONLY FOR. UNPLATIED PROPERTIES)
6. Proposed project name (if appUcablL) .
N/A
7. Proposed Street names (if applicable)
N/A
&. Site Development PIaD Numbec (FOR EXISTING PROJECTS/SITES ONLY)
SOP -
9. Petitio.. Ty~ - (Complete a separate Addressing Cbcclc:list for each Petition Type)
o SOP (Site Devdopment Plan)
B SOPA (SOP Amendment)
SDPI (SDP Insubstantial Change)
o SIP (Sil. Improvement Plan)
o SIPI (SIPllnsubstaDlial Change)
o SNR(StreetName Change)
o Vege1alionlExotic (Veg. Removal Pctmits)
n Land Use Petition (V"n1lllCC, Conditional Use,
Boat Dock Exl., ReZOl>8, POO rezone. etc.)
~ Other. D=:ribe: PUD %~ ;~
10. Project or development IUIID<lS proposed for, or already appearing in, COIIdomillium doc1lments (if
applicable; indicate whether propolCd or existing)
t t. Please Check One: l:8l Chec.kliat is 10 be Faxed Beck 0 Persona11y Picked Up
12. ApplicllDt N....e Robert L, Duane. A.I.C.P. Pboae;P9 25+2049 Fu 239254-2099
13. Si8Jl3tUre on Addressing Cbeclclist does not eonslitute Project and/or 8_ Name approval lIOd is SlIlIjec1 to
further review by the Addressing Section.
B
o
8
B
PPL (plans & Pial Review)
psp (preliminary Snbdivision Plat)
FP (Final Plat)
LLA (Lot Line Adjl1S1rnent)
BL (Blasting Permit)
ROW (Right-or.Way Permit)
EXP (Excavation Pc:nnit)
VRSFP (Veg. Removal & Site Fill Pennit)
TOR (Transfer ofOevelopment Rights:'
FOR STAFF USE ONLY
Prim..,. Numbec -:a,S, (")
Address Number
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Page 1 of 1
Agenda Item No. SA
April 28, 2009
Page 48 of S5
Property Record
Sketches
~
Parcel No.1156110003048
Current Ownership
Property Addressi 4361 LONGSHORE WAY S
~
OWner Name LONGSHORE LAKE FOUNDATION INC
Addresses 11399 PHOENIX WAY
City NAPLES State FL
Zip 34119.8850
Legall LONGSHORE LAKE UNIT 5C
TRACT 6
Section Township Ran e Acres
20 48 26 0
Sub No. 471405 LONGSHORE LAKE UNIT 5C
.I!I Use Code 0 VACANT RESIDENTIAL
Map No.
3620
Strap No.
471405613620
~ Millaae Area
98
.I!I M!.!!iIlm
11.1362
2008 Preliminary Tax Roll
(Subject to Change)
Latest Sales History
If all Values; shown below equal 0 this
parcel was created after the Final Tax Roll
Land Value $ 100.00
(+) Improved Value $ O.DO
(=) Just Value $ 100.00
H SOH Exempt Value $ 0.00
(=) Assessed Value $ 100.DO
(_) Homestead and other Exempt Value $ 0.00
(=) Taxable Value I $ 100.00 I
SOH == .Save Our Homes" exempt value due to cap on assessment
increases.
Date
07/1999
07/1999
Book ~ Page
2567 . 968
~J;S7 ,966
Amount
$ 0.00
$0.00
The Information is Updated Weekly.
http://www.collierappraiser.comIRecordDetail.asp?Map=N o&FolioID=000005611 0003048 8/20/2008
Agenda Item No. SA
April 2S, 2009
Page 49 of S5
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRS~MENDMENT TO LEASE AGREEMENT (the "Amendmenl") is made and entered
into as of this ~ day of Augus~ 2007, between LONGSHORE IJIJ<E FOUNDATION, INC. (the
"Landlord"), and G.L. HOMES OF NAPLES ASSOCIATES II, LTD. (the 'Tenant'). Landlord and Tenant
are sometimes referred to herein Individually as a 'Party" and collec:tlvely as the "Parties".
WITNESSETH:
WHEREAS, the Parties are parties tD that certain Lease Agreement having an EffectIVe Date of
June 30, 2006 (the "Original Lease"), as modified by that certain Ieller modification dated June 1, 2007
(the "Letter Modification"; the Original Lease, as modified by the Letter Modification, is referred tD herein
as the "Lease"), pursuant to which Landlord leased tD Tenant, and Tenant leased frDm Landlord, the
Premises; and
WHEREAS, the Parties seek tD amend the terms and condllions of the Lease as set forth
hereinafter.
NOW, THEREFORE, for and in consideration of the payment of rents and other c:l\arges provided
for in this Lease, the terms, conditions and other provisions hereinafter set forth, and other gODd and
valuable consideration, the receipt and sufficiency Df which are hereby acknowledged, the Parties,
intending to be legally bound, do hareby agree as follDws:
1. The foregoing recitals are true and CDrrect and are incorporated herein by this reference.
Any capitalized term used, but not defined, in this Amendment shall have the meaning given to such term
in the Lease.
2. The first sentence Df Paragraph 2(a) of the Lease is hereby modified to be as follows:
(a) Tenant shall, upon obtaining either Df the "Approvals" (as
hereinafter defined), pay Rent as follows:
3. All of Paragraph 2(b) of the Lease is hereby deleted in its entirety, and the following is
inserted in place theteof:
(b) If Tenant ha~ not obtained either of the Approvals as of June 7,
2007, then Tenant shan pay Rent in the amount of_ pet year
(said sum being equai to....per month for a 12 month period) until
such time as Tenant has 'O'biained one of the Approvals. Tenant shall
pay the foregoing Rent to Landlord as follows: (1) the sum Of.
shall be due and payable on every June 7; and (2) the sum of
shall be due and payable on every December 7, Tenant shall, upon
obtaining either of the Approvals, pay Rent to Landlord in accordance
with Paragraph 2(a) above and Paragraph 2(c) belDw.
4. AIf of Paragraph 2(c) of the Lease is hereby deleted in its entirety, and the following is
inserted in place thereof:
(c) Tenant shall, upon obtaining either of tha Approvals, pay Rent to
Landlord in accordance with paragraph 2(a) above cDmmenclng on. the
date on which such Approval is obtained. If Tenant begins paying Rent
to Landlord in accordance with paragraph 2(a) above on a date other
than June 7 or December 7, then the next instellment of Rent shall be
calculated based on the actual number Df days Rent accrued under
Paragraph 2(b) and the actual number Df days Rent accrued under
Paragraph 2(a).
Page 1 of 3
Agenda Item No. SA
April 28, 2009
Page 50 of 85
5. Paragraph 2(d) Is hereby deleted in its entirety.
6, The first 2 sentences of Paragraph 5 of the Lease" are hereby deleted in their entirety,
end the fonowing Is Inserted In place thereot
Payment of Rent pursuant to Paragraph 2(a) above is contingent on
Tenant obtaining a permit from ColDer County, Florida authorizing the .
commencement of: Q) construction of the Tenant Improvements on the
Premises (such permit, after all appeal, periods to the Issuance of the
same having expired and no challenges to the Issuance of the same
having been filed, are referred to herein as the 'Tenant Improvement
Permit"); or (il) vertical construction of a structure (Le., a guardhouse,
model unl~ residential unit, etc.) on the Terafina Property (such permit,
after all appeal periods to the issuance of the same having expired and
no challenges to the issuance of the same having been filed, is referred
to herein as the "Vertical Construction Permit"). The Tenant
Improvement Permit and Vertical Construction Pennlt are referred to
herein individually as an "Approvar and collectively as the "Approvals".
7. The tenns, conditions and othet provisions of this Amendment are intended to and shall
supersede and take precedence over any term, condition or othet ptovision to the contrary contained in
the Lease. Except as specifically amended by this Amendment, the' terms, conditions and other
provisions of the Lease shall remain unchanged and in full force and effect.
B. This Amendment may be executed in muitiple counterparts, each of which individually
shall be deemed an original, but when taken together shall be deemed to be one and the same
Amendment
[slgnatutes follow on next pagel
Page 2 of3
Agenda Item No. SA
April 28, 2009
Page 51 of 85
EXECUTED BY THE PARTIES, intending to be bound hereby, as of the date first written abO\le.
LANDLORD:
:NGSHORE ~OUND?N, I~
~~~~:'~~~~(H
TENANT:
G.L. HOMES OF' NAPLES ASSOCIATES II,
LTD., a Florida limited partnership
By: G.L. HOMES OF NAPLES II
CORPORATION, a florida corporation, its
gene I pa~ r
By:
Name:
Title:
Page 3 of 3
:tt.P.i'\-1;1.t-;
~', 'I c;..
" ,~.,.
,.;..~.,.., .....,
::;:. -'. " ~
o::lc-~>, _ 'J-:..,
0&".'.... >; "0
...., ". .~'(;f
:'i!>"
i'i1,:",").."
:SO.. .
BIG CYPRESS BASIN
Sourn FLORIDA WATER MANAGEMENT DlSTRICT
COpy
r,::--;c- .
. r 1">' f'-- "
'n: .
. I':
, .
I
Ii'. ' AlJG
1\\ '
II, ,
lllL
L_~_H
Agenda Item No. SA
April 28, 2009
Page.5ik7{ S5
. '"
, "
" , ' \ ~ !
. i! !: ~
.. 2640 Goldeo Gate Parkway, Suite 205, Naples. FL3410S
(239) 263-7615 . Suncom 721-7920 . Fax (239)263-8166 . \""",".....sfwmd,govjbcbj
2007
i I;;
r:
i i:
, !;
/,
..- !
__.-1
LAN 08-02
Cocohatchee Canal
July 31, 2007
Me Robert L. Duane, AIC.P.
Hole-Montes & Associates
950 Encore Way
Naples, FL 34110
Subject:
Application of a Right of Way Occupancy Permit; Longshote Lake
PUD, Collier County
Staff has completed its review of the above-referenced Application and has
determined that the District has no permitting interest in Longshore Lake Unit 5C,
Tract B, Collier County. Therefore, a Right of Way Occupancy Permit will not be
required from this District for the installation of a proposed sign to be constructed
within the 0.5 acres of platted land, Longshore Lake Unit 5C, Tract B.
This letter, however, does not relieve you of the responsibility of obtaining all
other required approvals and permits from other state and local entities.
Thank you for providing the opportunity to comment on this project. Should you
have any questions or require further assistance, please do not hesitate to
contact me at (239) 3-7615, x 7601.
rely,l
ren's. Te rs, r, Director
Big Cypress Basin
CST/bp
Brc CYPRESS BASIN GoVERNING BOARD
DIRFx:-T:'k
Olarles ,_ DaW3Y, OIAir, Ex offuio - l.u Coun.ty
John E Sorey lIt Vice auu,. . NaplLs
Alicia E. Abbott - Marco Island
Libby Anderson - Napks
Lie.sa Priddy, Slcr-rtary - ImmokJ11a Clar('f1'"
Jon C Stdiger, Ph.D. - Napks
:",./r
Agenda Item No. SA
April 28, 2009
Page 53 of 85
AFFIDAVIT
j
I, M.er) Kar Esehheeh, William Bates, the President of Longshore Lake Foundation, Inc., being first
duly sworn, depose and soy that the Longshore Lake Foundation, Inc. is the fee owner of the
property described herein and which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, including the disclosure of interest infonnation, 011
sketches, data, and other supplementary matter attached to and made a part of this application,
are honest and true to the best of our knowledge and belief. We understand that the information
requested on this application must be complete and accurate and that the content of this form,
whether computer generated or County printed shall not be altered. Public hearings will not be
advertised until this application is deemed complete, and all required information has been
submitted.
As property owner, we further authorize Hole Montes, Inc., (Robert L Duane, AICP) to act as
our/my representative in any matters regarding this Petition.
Longshore Lake Foundation, Inc.
By: William Bates, President
. Signature of Property Owner
Longshore Lake Foundation, Inc.
Mer/ Ke, E,ehbeeh, PD, William Bates,
President of Longhore Lake Foundation, Inc.,
a non-profit Corporation.
Typed or Printed Name of Owner
Co.:t I ~....A.N\. ~7J!::.S
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this IOIH day of JF/'fE;tIliEZ
20ji, by .\Aery Key Esehbeeh, William Bates, the Longshore Lake Foundation, Inc.
who is personally known to me or has produced as identification.
'}
(Signature of Notary Public. State 0
Florida)
Sff'"A ~ IJ K.. M u.-R.PI/-(
(Print, Type, or Stamp Commissioned
Name of Notary Public)
State of Florida
County of Collier
BIWlON K.IIURPHY
MY COMMISSION t CD 385811
EXPIRES, FibMIl' 5, IlOO;
_TllN_1IlliII1liilIIIlllIIl
Agenda Item No. SA
April 28, 2009
Page 54 of 85
ftLo08shoreLake
iI""""'" .:........
:/~"Ji~:-;~:H~:~~~::~'i,;~"":',{-' - '," '
.,,"c'-.',. ~'.'. .c, . .,
....'..~ "_,,n
July 3, 2007
Collier County
Attn: Dept. of Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Longshore Lake Foundation, Inc.
To Whom It May Concern:
When the application for the Longshore Lake POO modification was submitted, Jim Kirk
was President, Mary Kay Eschbach was Vice President, Meggan Davis was Treasurer,
and Mick Whitehill was Secretary.
Longshore Lake held its annual meeting on March 5, 2007. New officers and directors
were elected to the Board of Directors. At a special meeting on March 7,2007, Mary
Kay Eschbach was elected President, Tom Tedder was elected Vice President, Meggan
Davis was elected Treasurer, and Peggy Cabe was elected Secretary. Jim Kirk, Bob
Lewan, and Bill Bates were elected Directors. Meggan Davis has since had to resign
from the Board, and Bob Lewan was replaced as Treasurer at the April 21, 2007 Board
meeting. Attached is a copy of the Longshore Lake Annual Report reflecting the new
Board.
The consent to process the application remains with the newly elected Board of Directors.
J;::~
Tom Tedder
Vice President
Longshore Lake Foundation
PUDA.2007-AR-1I546 REV: 2
LONGSHORE LAKE PUD
Project: 19990245
Date: 8/20/07 DUE: 9/17/07
Longshore Lake Foundation. Inc. 11399 Phoenix Way. Naples. Florida 34119-8850 . 239.566.2304' Fax 239.566.7594
I
. ;DisGlosut~~~e~1:liftf~..,. .
....'.....__....,.""_....."~..A__~..~,~ ~~,_"""", _~~~. .h"
Agenda Item No. 8A
April 28, 2009
P.3?},~r 85
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest
as well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name ond Address
Percentage of Ownership
Non-Profit Corporation
James S. Kirk. Director
Bob Lewan. Treasurer
Bill Bales. Director
Mary Kay Eschback. President
Mick Whitehill. SD
Tom Tedder. Vice President
Peaoy Co be. Secretary
Please see attached letter from Tom Tedder, V.P. reaardina newlY elected Board of
Directors, daled July 3. 2007.
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Nome and Address
Percentage 01 Ownership
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Agenda Item No. SA
April 28, 2009
Pa e 56 of 85
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Florida Profit Corporation
G.L. HOMES OF NAPLES II CORPORATION
Filing Information
Document Number P020OO030560
FEI Number 010711126
Date Filed 03/20/2002
State Fl
Status ACTIVE
Principal Address
1600 SAWGRASS CORP PKWY STE 230
SUNRISE FL 33323
Changed 05101/2008
Mailing Address
1600 SAWGRASS CORP PKWY STE 230
SUNRISE FL 33323
Changed 05101/2008
Registered Agent Name & Address
HELFMAN, ESQ, STEVEN M
1600 SAWGRASS CORP PKWY. STE 230
SUNRISE FL 33323 US
Name Changed: 05/0112008
Address Changed: 05/0112008
Officer/Director Detail
Name & Address
Tille DP
EZRATTI,ITZHAK
1600 SAWGRASS CORP PKWY. STE 230
SUNRISE FL 33323
TIlle VP AS
FANT, ALAN J
1600 SAWGRASS CORP PKWY, STE 230
SUNRISE FL 33323
Title V
NORWALK, RICHARD M
1600 SAWGRASS CORP PKWY, STE 230
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SUNRISE FL 33323
Tnle S
CORBAN, PAUL
1600 SAWGRASS CORP PKWY, STE 230
SUNRISE FL 33323
TrtleVT
MENENDEZ, N. MARIA
1600 SAWGRASS CORP PKWY, STE 230
SUNRISE FL 33323
Title VP
ARKIN, RICHARD
1600 SAWGRASS CORP PKWY, STE 230
SUNRISE FL 33323
Annual Reports
Report Year Filed Date
2DD6 05/02/2006
20D7 05/01/2007
2D08 05/0112008
Document Images
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rage.!. Of .!.
Agenda Item No. SA
April 28, 2009
Page 57 of 85
L
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Florida Non Profit Corporation
LONGSHORE LAKE FOUNDATION, INC.
Filing Information
Document Number N23869
FEI Number 650128784
Date Flied 12/14/1987
State FL
Status ACTIVE
last Event AMENDED AND RESTATED ARTICLES
Event Date Filed 04/10/2003
Event Effective Date NONE
Principal Address
11399 PHOENIX WAY
NAPLES Fl34119 US
Changed 02/14/1997
Mailing Address
11399 PHOENIX WAY
NAPLES Fl 34119 US
Changed 02/14/1997
Registered Agent Name & Address
lUPO, ASHLEY D
R AND A AGENTS. INC.
850 PARK SHORE DRIVE, THIRD FLOOR
NAPLES FL 34103 US
Name Changed: 04/1612008
Address Changed: 04/1612008
Officer/Director Detail
Name & Address
nleTD
WOOD, HENRY
11399 PHOENIX WAY
NAPLES FL 341 19
TllleVD
TEDDER, TOM
11399 PHOENIX WAY
NAPLES FL 34119
Tille PD
BATES, WILLIAM
11399 PHOENIX WAY
NAPLES Fl34119
TllIaSD
Page I 01'2
Agenda Item No. SA.
April 2S, 2009
Page 5S of 85
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KIRK, SALLY
11399 PHOENIX WAY
NAPLES Fl34119
Annual Reports
Report Year Flied Date
2006 04/25/2006
20D7 04/24/2007
20D8 04/16/2008
Document Images
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04/24/2007 ANNU6J.. REPOBI
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rage L. or L.
Agenda Item No. SA
April 2S, 2009
Page 59 of 85
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=N23869&in... 8/28/2008
'"'
,2007 NOT-FOR-PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# N23869
..JO.,tily Name: lONGSHORE LAKE FOUNDATION, INC.
Agenda Item No. SA
FILED April 28, 2009
Apr 24, 2007 Page 60 of 85
Secretary of State
Current Principal Place of Business:
New Principal Place of Business:
11399 PHOENIX WAY
NAPLES, FL 34119 US
Current Mailing Address:
New Mailing Address:
11399 PHOENIX WAY
NAPLES, FL 34119 US
FEI Number: 65-0128784
FEI Number Applied For ( t
FEI Number Not Applicable ( I
Certificate of Status Desired (
Name and Address of New Registered Agent:
Name and Address of Current Registered Agent:
F ALK, STEVEN M
ROETZEL & ANDRESS
850 PARK SHORE DRIVE, THIRD FLOOR
NAPLES, FL 34103 US
The above named entity submits this statement for the purpose of changing its registered office or registerea agent, or both,
in the State of Florida
SIGNATURE:
OFFICERS AND DIRECTORS:
Electronic Signature of Registered Agent
Date
Tille"
Name.
~"-'."jre5S:
St-Zip:
Tille:
Name:
Address:
City-St-Zip:
Tille:
Name:
Address'
City-St-Zip:
Title"
Name.
Address:
City-51-Zip:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
TO ( ) Delete
DAVIS, MEGGAN
11399 PHOENIX WAY
NAPLES, FL 34119
Title:
Name:
Address:
City-St-Zip:
TO (X) Change ( ) Addition
LEWAN, BOB
11399 PHOENIX WAY
NAPLES, Fl 34119
VD (X) Change ( ) Addition
TEDDER, TOM
11399 PHOENIX WAY
NAPlES,Fl34119
PO (X) Change ( ) Addition
ESCHBACH, MARY KAY
11399 PHOENIX WAY
NAPLES. Fl 34119
SO (X) Change ( ) Addition
CABE,PEGGY
11399 PHOENIX WAY
NAPLES, FL 34119
I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119,
Florida Statutes. I further certify that the information indicated on this report or supplemental report ;s true and accurate and that
my electronic signature shall have.the same legal effect as if made under oath; that I am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears
-c:-ove, or on an attachment WIth an address, with all other like empowered.
vo ( ) Delete
ESCHBACH, MARY KAY
11399 PHOENIX WAY
NAPLES, Fl 34119
Title:
Name:
Address;
City-SI-Zip:
PO ( ) Delete
KIRK,JIM
11399 PHOENIX WAY
NAPLES, FL 34119
Title:
Name;
Address:
City-St-Zip:
so ( ) Delete
WHITEHIll, MICK
11399 PHOENIX WAY
NAPLES. Fl 34119
Title:
Name:
Address:
City-Sl-Zip-
.iNA TURE MARY KAY ESCHBACH
Electronic Signature of Signing Officer or Director
PO
04/2412007
Date
Agenda Item No. SA
April 28, 2009
Page 61 of 85
",Q,Q89QQreLake
jit$~~~~:i';':'.. "
July 3,2007
Collier County
Altn: Dept. of Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Longshore Lake Foundation, Inc.
To Whom It May Concern:
When the application fot the Longshore Lake PUD modification was submitted, Jim Kirk
was President, Mary Kay Eschbach was Vice President, Meggan Davis was Treasurer, .
and Mick Whitehill was Secretary.
Longshore Lake held its annual meeting on March 5, 2007. New officers and directors
were elected to the Board of Directors. At a special meeting on March 7, 2007, Mary
Kay Eschbach was elected President, Tom Tedder was elected Vice President, Meggan
Davis was elected Treasurer, and Peggy Cabe was elected Secretary. Jim Kirk, Bob
Lewan, and Bill Bates were elected Directors. Meggan Davis has since had to resign
from the Board, and Bob Lewan was replaced as Treasurer at the April 21, 2007 Board
meeting. Attached is a copy of the Longshore Lake Annual Report reflecting the new
Board.
The consent to process the application remains with the newly elected Board of Directors.
J:~
Tom Tedder
Vice President
Longshore Lake Foundation
Longshore Lake Foundation. Inc 11399 I'hoenix Way. I"aples Flonda 34119.8850 . 239566.2304 . 'ax 2395667':)94
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Page 1 of I
Agenda Item Ntl. 8A
April 28, 2009
Page 63 of 85
2500994 OR: 2567 PG: 0966
DCOIDID in omcIIJ. UCllID~ 01 mum coum, n
01/1'/1'" at 01:15'. DIIGIf I. BlOC[, e1Ilt
IIC fl. 10.50
DOC'. 10 .11
This imtrwnent prq>ared by and
afrer m:ording return [,,,
letll:
QiJAWS , aWl
4501 fA!IAIl fl I 1300
lAPLIS 11 34103 3011
Leo]. Salvatori. Esq.
Qu.artes '" Brady LIP
4501 Tamiami Trail Not1h
Suite 300
Naples. Florida 34103
QUIT-CLAIM DEED
(Lcngshore Lake, Unit 5C)
TillS QUIT-CLAIM DEED. executed this~ day of,J. . 'i' .1999.
by LONGSHORE LAKES HOMES, L.P., a Delaware limited partnership, doing business in
the State of Florida as LONGSHORE LAKE HOMES, LIMITED PARTNERSHIP. whose
address is 4500 Executive Drive, Naples, Florida 34Il9, FIRST PARTY, to LONGSHORE
LAKE FOUNDATION, INC., a Florida corporation, and whose address i5 11399 Phoenix Way.
Naples, Florida 34119, SECOND PARTY.
WITNESSETH, that !hI: said First Party, for and in consideration of the sum of Ten
Dollars ($10.00). in hand paid by the said Second Pany, the receipt whereof is hereby
acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all
the right, title, interest, claim and demand which the said First Party has in and to the following
described lot, piece or parcel of land, situate, lying and being in the County of Collier, S13te of
Florida, to-wit:
Tracts A,B, C, L, and R, Longshore Lake, Unit 5C, according to the plat thereof
recorded in Plat Book 32, Pages 32 and 33, of the Public Recotds ofeollier County,
Florida
TO HAVE AND TO HOLD the same together with all and singular the appunenances
thereunto belonging or in anywise appertaining, and all the es13te. right, title, interest. lien, equity
and claim whatsoever of the said First Party, either in law or equity, to the only proper use,
benefit and behalf of the said Second Party forever.
omo.l=o\.14041'O 1
p:/ /www.collierappraiser.com/viewer/Image.asp ?lmageID=27330
6/6/2007
Agenda Item No. 8A
~il~b4f't,t2p09
~a~e 64 0; 85
r
2500995 OR: 2567 PG: 0968
ueomo 10 OI11tlli mllIDS of CVLl.I11 Cll'lI"It. n
O1/tlll," .111:llPl HIm I. 11OCI. run
IIC III ID.SI
DOC-.ID .11
This Wuum<Dl plqlOn:d by aad
.m ra:onIiDc reIlU1I to:
'ell:
fQWS , IUDr
ISOt TlIIW Tl I flOO
IlPLIS n lItOl 3DID
Leo 1. su..",ri. Esq.
Qlw\<S '" Brody LLP
4~1 Tami=i Tnil Nol1h
Suite 300
NapI<s. Florid> 34103
QUlT-CLAIM DEED
(Longshore Lake, Unit SC)
TIllS QUIT-CLAIM DEED. executed this ~ day of ~ . 1999.
by WNGSHORE LAKES JOINT VENTURE. a Florida general partnership. whose eddress
is 4500 Executive Drive. Naples. Florida 34119, FIRST PARTY. to WNGSHORE LAKE
FOUNDA nON, INC.. a F10rida COtplltation. and whose address is 11399 Phoeoix Way. Naples,
Florida 34119. SECOND PARTY.
r
WITNESSETII. that the said Firsl P3/ty. for and in ronsider3lion of the sum of Ten
Dollars ($10.00). in band paid by the said Second Party. the receipt whereof is hereby
acknowledged. does hereby remise. release and quil.daim unto the said Second P3/ty forev cr. all
the right. title. interest. claim and demand which the said FirSl Patty bas in and 10 the following
described lot. piece or parcel of 1Bnd. silU3\e. lying and being in the County of Collier. Slate of
FlOt'ida, lo-wit:
Tracts A.B. C, L. and R. Longshore Lake, Unil 5C. according 10 rue plat thereof
teearded in Pial Book 32. Pages 32 and 33. of the Public Records of Collier County,
Florida; resemng unto Fim Party. however. all easc:ments over and across the same.
as set forth in the foregoing plat.
TO HA VE AND TO HOLD \be same togethet wi\b all and singular the appunenaJlces
theteunto belonging 01 in anywise appertaining. and a111he estate. rigbl, title. interest. tien. equil y
and c1llim whatsoeVer of the said First P3/ty. either in law or equity. 10 the only propel' u.~e.
benefit and behalf of the said Second Pany forever.
~\14"'1'.1
r
12/8/2006
Agenda Item No. SA
April 2S, 2009
Page 66 of S5
;----
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") is made and entered into as of this 50r'- day of June,
2006 (the "Effective Date'), between LONGSHORE LAKE FOUNDATION, INC" a Florida corporation not
for profi~ having an address of 11399 Phoenix Way, Naples, Florida, 34119 (the "Landlord"), and G.L.
HOMES OF NAPLES ASSOCIATES II, LTD" a Florida limited partnership, having an address of 1600
Sawgrass Corporate ParkWay, Suite 300, Sunrise, Florida 33323 (the "Tenant'). Landlord and Tenant
are sometimes referred to herein individually as a "Party' and collectively as the "Parties".
WIT N E 5 SET H:
WHEREAS, Landlord is the entity responsible for the operation and administration of that certain
residential community in Collier County, Florida, commonly known as Longshore Lake (the "Longshore
. Lake Community'); and
WHEREAS, that certain real property located in Collier County, Florida, more particulapy
described on Exhibit 'A' attached hereto and made a part hereof (the "Premises') is located within 1he
Longshore Lake Community and is owned by Landlord; and
WHEREAS, Tenant is the owner of that certain real property located in Collier County, Florida,
commonly known as the Terafina Propertyl Satumia Falls ('Terafina Property")on which Tenant intends to
develop a residential community; and
WHEREAS, Landlord seeks to iease to Tenant, and Tenant seeks to lease from Landiord, the
Premises on the terms, but subject to the conditions, hereinafter set forth.
NOW, THEREFORE, for and in consideration of the payment of rents and other charges provided
for in this Lease, the terms, conditions and other provisions hereinafter set forih, and other good and
valuabie consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties,
intending to be legally bound, do hereby agree as follows:
1. Premises. Landlord hereby leases to Tenan~ and Tenant hereby leasas from Landlord,
the Premises on the terms, but subject to the conditions, hereinafter set forth.
2, Term and Rent Tenant shall have the righ~ unless eartier terminated as provided
elsewhete in this Lease, to occupy and remain in possession of the Premises for a 'Term' beginning on
December 7, 2006 (the 'Rent Commencement Date") through the date on which is the first to occur
(either of the following dates being referred to herein as the 'Expiration Date") between: (a) the date on
which Tenant turns control of the residential community over to the homeowners association responsible
for operating the Terafina Property; or (b) December 6, 2012. Tenant shall pay Landlord "Renr during
the Term as follows: .
(a) If Tenant has obtained all of the 'Approvals' (as hereinafter defined) as of the
Rent Commencement Date, then Rent shall be paid as follows:
(i) For the period beginning on the Rent Commencement Date and ending
on December 6, 2009, Rent shall be the sum of ~ , said sum being equal to per month for
a 36 month period. Rent for such period shall be due and payable in full on the Rent Commencement
Date.
(Ii) For the period beginning on December 7, 2009 and ending on December
6,2010, Renl shall be the sum 0_ said sum being equal to per month for a 12 month
penod. Rent for such time period Siia1I"be due and payable as follows: (1) the sum of shall be
due and payable on December 7, 2009; and (2) the sum of r shall be due and payable on June 7,
.^-. 2010.
Page 1. of 8
499020 v_02 \ 101203,0001
501326v_01 \ 101203.0001
-
Agenda Item No. 8A
April 28, 2009
Page 67 of 85
(IIi) For the period beginning on December 7,2010 and ending on December
6, 2011, Rent shall be the sum 0 -: said sum being equal to J per month for a 12 month
period. Rent for such time period shall be due and payable as follows: (1) the sum of shall be
due and payable on December 7,2010; and (2) the sum o' J shall be due and payable on June 7,
2011.
(iv) For the p~iod beginning on December 7, 2011 and ending on December
6, 2012, Rent shall be the sum o' , said sum being equal to per month for a 12 month
period. Rent for such time period shall be due and payable as follows: (1) the sum of I shall be
due and payable on December 7, 2011; and (2) the sum of"'shall be due and payable on June 7,
2012,
(b) If Tenant has obtained one but not both of the Approvals as of the Rent
Commencement Date, then Rent shall be paid as follows;
(i) For the period beginning on the Rent Commencement Date and ending
on December 6, 2007, Rent shall be the sum 0 -, said sum being equal t~er month for a
12 month period, Rent for such time period shall be due and payable as follows: (1) the sum o'
shall be due and payabie on the Rent Commencement Date; and (2) the sum ell shall be due and
payable on June 7, 2007.
(ii) For the period beginning on December 7, 2007 and ending on December
6, 2008, Rent shall be the sum of r said sum being equal to l"er month for a 12 month
period. Rent for such time period shall be due and payable as follows; (1) the sum of shall be
due and payable on December 7, 2007; and (2) the sum 0 I shall be due and payable on June 7,
2008.
(Hi) For the period beginning on December 7, 2008 and ending on December
6, 2009, Rent shall be the sum of I~ said sum being equal to per month for a 12 month
period. Rent for such time period shall be due and payable as follows: (1) the sum of - shall be
due and payable on December 7, 2008; and (2) the sum 01 - shall be due and payable on June 7,
2009.
(Iv) For the period beginning on December 7, 2009 and ending on December
6, 2010, Rent shall be the sum of -; said sum being equal to - per month for a 12 month
period. Rent for such time period shall be due and payable as follows: (1) the sum of shall be
due and payable on December 7, 2009; and (2) the sum 0 shall be due and payable on June 7,
2010.
(v) For the period beginning on December 7, 2010 and ending on December
6, 2011, Rent shall be the sum Of_ said sum being equal to per month for a 12 month
period. Rent for such time period shall be due and payable as follows: (1) the sum 0 -~hall be
due and payable on December 7,2010; and (2) the sum of T shall be due and payable on June 7,
2011.
(vi) For the period beginning on December 7, 2011 and ending on December
6, 2012, Rent shall be the sum of said sum being equal to per month for a 12 month
period. Rent for such time period shall be due and payable as follows: (1) the sum of . shall be
due and payable on December 7, 2011; and (2) the sum of .hall be due and payable on June 7,
2012.
(c) If Tenant has not obtained any of the Approvals as of the Rent Commencement
Date, then no Rent shail be due or owing until such time as Tenant obtains one of the Approvals, at which
time, Rent shall become due and payable in accordance with paragraph 2(b) above and paragraph 2(d)
below commencing on the date on which any such Approval is obtained; provided, however, if the initial
payment of Rent becomes due and payable on a date other than December 7 or June 7, then such initial
Page 2 of 8
499020 v_02 \ 101203.0001
501326 "_01 \ 101203.0001
Agenda Item No. SA
Apnl 28, 2009
Page 68 of S5
payment of Rent shall be prorated for the actual number of days remaining in such Rent payment period.
(d) If Rent is being paid under paragraph 2(b) above, and all of the Approvals ate
thereafter obtained at any time prior to December 7, 2009, then Tenant shall pay Landlord Rent in an
amount equal to - (Rent for the period beginning on the Rent Commencement Date end ending
on December 6, 2009) LESS all amounts of Rent paid by Tenant to Landlord under paragraph 2(b) above
(such payment to be made within 15 days after the date on which all of the Approvals have been obtained
by Tenant) so that Tenant will have paid the amount required by paragraph 2(a)(i) above; and from and
after the date on which all of the Approvals have been obtained (whether all such Approvals are obtained
before or after December 7, 2009): (i) paragraph 2(b) above shall be deemed deleted from this Lease;
and (Ii) Tenant shall pay Landlord Rent in accordance with paragraph 2(a) above,
3. Use of the Premises, Tenant shall use the Premises soleiy for the installation and
maintenance of signage, landscaping and associated lighting and irrigation facilities (collectively, the
'Permitted Use') and for no other use or purpo~es whatsoever.
4. Tenant Improvements.
(a) Landlord hereby acknowledges that Tenant intends to install certain signage,
landscaping and associated lighting and irrlgation facilities within the Premises (all such signage,
landscaping, lighting and inigation facilities are referred to herein collectively as the 'Tenant
Improvements'). Tenant's right to install the Tenant Improvements within the Premises, however, is
subject to Landlord's right to review and approve the design of any such signage, the landscape plan of
any such landscaping and the lighting plan of any such lighting (such design and plans are referred to
herein as the 'Design and Plans"). In that regard. Tenant shall submit to Landlord the Design and Plans
for Landlord's review and approval prior to Tenant's installation of any Tenant Improvement within the
Premises, Landlord hereby covenants and agrees: (I) to review and approve/disapprove the Design and
Plans within 15 days after Tenant delivers the same to Landlord for Landlord's review and approval; and
(i1) not to unreasonably withhold Its approval of the Design and Plans. Upon Landlord's approval of the
Design and Plans, Tenant shall have the right to install the Tenant Improvements within the Premises in
accordance with: (x) all applicable statutes, rules, regulations, orders and codes; (y) the "Tenant
Improvement Approvals" (as hereinafter defined); and (z) the approved Design and Plans, After Tenant
has installed any portion of the Tenant Improvements, Tenant shall be obligated to maintain the Premises
and such Tenant Improvements, and upon the expiration or earlier terminatipn of this Lease, Tenant shall
remove all of the Tenant Improvements from the Premises and restore the Premises to the condition it
was in immediately prior to the Rent Commencement Date. All costs and expenses In connection with
the Tenant Improvements (including, without limitation, design, engineering, permitting, Installation,
maintenance and removal) shall be paid by Tenant. Notwithstanding anything to the contrary contained
in this paragraph, Landlord shall have the right to request that all of the Tenant Improvements remain on
the Premises upon the expiration or earlier termination of this Lease, and upon such request, Tenant shall
leave all of the Tenant Improvements on the Premises and Tenant shall be forever released from the
obligation to (i) remove the Tenant improvements from the Premises, (II) maintain the Premises and
Tenant Improvements, and (111) restore the Premises to the condition It was in immediately prIor to the
Rent Commencement Date; all of the foregoing becoming the sole duty and obligation of the Landlord.
(b) Landlord hereby grants Tenant (and its agents, contractors and employees) a
right of ingress, egress and access to and from the Premises through the Longshore Lake Community for
so long as this Lease remains in effect so Tenant can exercise and perform its rights, duties and
obligations under this Lease. Tenant covenants and agrees to promptly restore any physical damage to
any real or personal property of Landlord (including, without limitation, the Premises) caused by Tenant
(or any of its agents, contractors or employees) during the Installation, maintenance and/or removal of the
Tenant Improvements to the condttion such real or personal property was in immediately prior to such
damage. If any agent, contractor or employee of Tenant faiis to maintain good discipline and order whiie
on the Premises, then Landlord may request that such agent, contractor or employee leave the Premises
without prejudice to Landlord under this Lease.
Page 3 of 8
499020 v_02 \ 101203.0001
501326 v_01 \ 101203,0001
Agenda Item No. 8A
April 28, 2009
Page 69 of 85
(c) If Landlord does not approve the Design and Plans for the Tenant Improvements
initially submitted to it by Tenant, then the Parties shall use their good faith efforts to agree upon a
mutually acceptable modified Design and Plans, If the Parties are unable to agree upon a mutually
acceptable modified Design and Plans for the Tenant Improvements, then either Party shall have the right
to terminate this Lease any time thereafter on written notice to the other Party, whereupon, this Lease
shall terminate, Landlord shall retum any and all "Prepaid Renr (meaning, all Rent paid by Tenant that
covers a period of time subsequent to the date of termination under this paragraph) to Tenant within 60
days after such termination, and upon Tenanfs receipt of such Prepaid Rent, each Party shall then be
forever released from any and all duties, responsibililies, obligations and liabilities, each to the other,
under this Lease. The Obligation of Landlord to retum "Prepaid Renr under this paragraph does not
appiy to Landlord's failure to approve any requested modification to the Tenant Improvements after the
Tenant Improvements have been initially Installed in accordance with this Lease.
(d) Tenant shall keep the Premises free and clear from all cialms, liens, charges,
judgments, liabililies and other encumbrances for labor, services, supplies, materials and/ot equipment
performed, purchased or procured, directly or indirectly, by, through, under Ot for Tenant. Tenant shall
bond off or satisfy and discharge any claim, lien, charge, judgment, liability and/or other encumbrance
filed against the Premises arising from any labor, services, supplies, materiais and/or equipment
performed, purchased or procured, directly or Indirectly, by, through, under or for Tenant within 30 days
after the same has been made or filed against the Premises, and Tenant shall indemnify, defend and
save and hold Landlord and the Premises harmless from and against all fees, costs, expenses and other
charges in connection with any suit, proceeding or other action taken in discherging from the Premises
any such claim, lien, charge, judgment, liability and/or other encumbrance (Including, without limitation, .
bond premiums for transferring any such claim, lien, charge, judgment, liability and/or other encumbrance
to bonds together with reasonable attomeys fees and costs through all trial and appellate levels). It is
understood and agreed by the Parties that the fees, costs, expenses and other charges referred to above
shall be payable by Tenant on demand.
(e) After the Installation of the Tenant Improvements: (i) Landlord shall be obligated
to pay all bills, invoices and other costs, expenses and charges associated with the cost of irrigating the
Premises; and (Ii) Tenant shall be obligated to pay all bills, invoices and other costs, expenses and
charges associated with the cost of lighting the Premises.
5. Approvals. This Lease is contingent on Tenant obtaining: (I) all governmental approvals
(e.g., variances, modifications, permits, licenses and other authorizations) necessary to Install the Tenant
Improvements within the Premises (such government approvals, after all appeal periods to the issuance
of the same having expired and no challenges to the issuance of the same having been filed, are referred
to herein as the "Tenant Improvement Approvals"); and (ii) a permit from the Army Corp. of Engineers for
the deveiopment of the Teraflna Property (such permit, after all appeal periods to the issuance of the
same having expired and no challenges to the issuance of the same having been filed, is referred to
herein as the "ACOE Permi!"). The Tenant Improvement Approvals and the ACOE Permit are referred to
herein collectively as the 'Approvals". Landlord hereby covenants and agrees, from and after the date on
which Landlord approves the Design and Plans, to sign and deliver to Tenant within 10 days after request
any agreement, document and/or instrument (including, without limitation, petitions, applications, joinders
and consents) that requires the signature of Landlord as the owner of the Premises and Is necessary for
Tenant to make application for, process and obtain all Tenanllmprovement Approvals. Landlord further
covenants and agrees: (y) not to withdraw, hinder, deiay or object to any submission made by Tenant to
any governmental authority in connection with any of the Approvais unless requested to so by Tenant in
writing; and (z) and support through letters and attendance at public meetings any submission made by
Tenant to any govemmental authority In connection with any of the Approvals. Tenant covenants and
agrees, from and after the date on whiCh Landlord approves the Design and Plans, to diligently make
application for and pursue the issuance of all Tenant Improvement Approvals. If any of the Approvals are
denied by any govemmental authority, then Tenant shall have the right to terminate this Lease at any
time after such denial on 30 days written notice to Landlord, and upon the expiration of such 30 day
period, each Party shall then be forever released from any and all dUlies, responsibilities, obligations and
liabilities, each to the other, under this Lease.
Page 4 of 8
499020 v_02 \ 10]203.0001
501326 v_OJ \ 101203.0001
Agenda Item No. SA
April 28, 2009
Page 70 of S5
6. Default
A. It shall be a defau~ under this Lease by Tenant if Tenant fails to perform or
comply with any of the terms, conditions, covenants or other provisions of this Lease which are to be
performed or kept by Tenant, provided, however, notwithstanding the immediately preceding sentence to
the contrary, no defaull by Tenant shall exist under this Lease unless Landlord shall have first provided
written notice of the alleged default to Tenant and Tenant shall have failed to commence curative action
of the alleged defau~ within 15 days after receipt of such notice and thereafter diligently continues such
cure to completion. Upon the occurrence of a default by Tenant under this Lease (and the expiration of
any applicable notice and cure period), Landlord's sole remedy for such defau~ shall be to terminate this
Lease, re-enter and take possession of the Premises, remove the Tenant Improvements at the sole cost
and expense of Tenant, and retain all Rent previously paid by Tenant Except as provided in this
paragraph, Landlord shall have no other right or remedy against Tenant for any default by Tenant under
this Lease.
B. It shall be a default under this Lease by Landlord if Landlord fails to perform or
comply with any of the terms, conditions, covenants or other provisions of this Lease which are to be
performed or kept by Landlord; provided, however, notwithstanding the immediately preceding sentence
to the contrary, n6 defau~ by Landlord shall exist under this Lease unless Tenant shall have first provided
written notice of the alleged default to Landlord and Landlord shall have failed to commence curative
action of the alleged default within 15 days after receipt of such notice and thereafter diligently continues
such cure to completion. Upon the occurrence of a default by Landlord under this Lease (and the
expiration of any applicable notice and cure period), Tenant's remedy for such default shall be to: (aa)
terminate this Lease and receive the promptly return any and all prepaid Rent prorated from the date of
default; andlor (bb) commence an action of specific performance against Landlord to compel Landlord to
comply with the terms of this Lease.
C. Upon the termination of this Lease by either Party under this paragraph 6 and the
payment of any amounts owed, each Party shall then be forever released from any and all duties,
responsibil~ies, obligations and liabilities, each to the other, under this Lease.
7. Indemnitv. Tenant shall indemnify, defend and save Landlord (and its directors, officers,
members, agents and employees) and the Premises harmiess from and against any and all ciaims,
damages, personal injuries andlor deaths, liabilities, fines, liens, encumbrances, penalties, losses, fees,
costs and expenses (Including, but not limited to, reasonable attorneys fees and costs through all trial,
appellate and post-judgment proceedings) incurred by Landlord arising out of, caused by or in any way
resulting from: (a) the installation of the Tenant Improvements by Tenant; (b) the maintenance of the
Tenant Improvements by Tenant; and/or (c) the removal of the Tenant Improvements by Tenant. In any
and all claims against the Landlord (or any of its directors, officers, members, agents or employees) by any
employee of the Tenant, any contractor of Tenant, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall
not be limited In any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for the Landlord or any contractor under workers' or workmen's compensation acts, disability
benefit acts or other employee benefrt acts.
8. Insurance. The Parties hereby acknowiedge that Tenant shall be hiring one or more
contractors to Install the Tenant Improvements. Tenant covenants and agrees to require all contractors
who install any of the Tenant Improvements to maintain comprehensive general public liability insurance
in an amount not less than_Dollars per occurrence as to damage to property and/or personal
injury or death, which insurance shall name Landlord as an lnsured. Tenant shall also require all such
contractors maintain worker's compensation insurance as may be required by applicable law. Tenant
agrees that no Tenant Improvements shall be installed within the Premises until such time as the
aforementloned insurance is in full force end effect
9. Notices. All notices to be given under this Lease shall be in writing and sent to the
Parties as hereinafter provided, by hand delivery; certified mail, retum receipt requested, postage
Page 50f8
499020 v 02 \ 101203.0001
501326 v_OI ii01203.0001
Agenda Item No. SA
April 2S, 2009
Page 71 of S5
prepaid; or by a nationally recognized overnight courier service. Any such notice shall be deemed given
upon the earlier of receipt by the addressees if hand delivered (or attempted delivery if refused by the
intended recipient thereof), on the third (3"') day following depos~ thereof In the United States mail, or on the
next business dey after deposit with a recognized overnight courler service.
(a) Notices to Landlord shall be sent to Longshore Lake Foundation, Inc. c/o Tad
Monty, General Manager, 11399 Phoenix Way, Naples, Florida, 34119.
(b) Notices to Tenant shall be sent to G.L. Homes of Naples Associates /I, Ltd., 1600
Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323; Phone No. (954) 753-1730 and Fax No.
(954) 753-4509, Attention: Richard M. Norwalk, Vice President.
10. Miscellaneous,
(a) This Lease shall be governed by and enforced and construed under the laws of
the State of Florida. Venue for all actions shall be in Collier County, Fiorida. In connection with any
litigation arising out of this Lease, the prevailing Party shall recover all fees, costs and expenses Incurred
in connection with such litigation (including, without limitation, reasonable attorneys' fees through and
including all appellate levels and proceedings) from the non-prevailing party. The provisions of this
paragraph 9(a) shall survive the expiration or any earlier termination of this Lease.
(b) The section headings in this Lease are intended for convenience only and shall
not be taken Into consideration in any construction or interpretation of this Lease or any of its provisions.
The Parties agree that this Lease may be executed in multiple counterparts, each of which individually
shall be deemed an original, but when taken together shall be deemed to be one and the same Lease.
This Lease contains the entire agreement between the Parties, and all prior or contemporaneous
agreements, understandings, representations and statements. whether oral or written, are merged herein.
This Lease may be amended or modified only by a written Instrument executed by the Party against
whom enforcement is sought. This Lease shall Inure to the benefit of and shall be binding upon the
Parties and their respective heirs, personal representatives, successors and/or assigns. The waiver of a
default by a Party of any term, covenant or condition of this Lease must be in wriiing and signed by the
Party waiving such term, covenant or condition, and any waiver given shall not be deemed to be a waiver
of any other term, covenant or condition, or a waiver of the same term, covenant or condition on any
subsequent occasion,
(c) Tenant shall have the tight to assign this Lease to the Terafina Property
homeowners association pursuant to an assignment and assumption agreement wherein the
homeowners association expressly accepts the assignment of this Lease and agrees to be bound by and
to perform in accordance with ail of the terms and provisions of this Agreement (a copy of which wili be
delivered to Landlord), and upon such assignment, G.L. Homes of Naples Associates II, Ltd. shall be
relieved from anY..and all duties, responsibilities and obligations under this Lease first arising from and
after the date e:b assignment and assumption agreement.
\ .
(d) \ If Landlord intends to lease all or any portion of the Premises at any time after
the expirati n of the erm, then Tenant shail have a right of first opportunity to lease the Premises from
Landlord on terms d provisions mutually acceptable to both Parties. In that regard, Landlord shall
deliver a wri tice to Tenant (the 'Renewal Notice') advising that Landlord intends to lease the
Premises. The Parties shall have 30 days after Tenant's receipt of the Renewal Notice to use their good
faith efforts to agree upon mutually acceptable terms and provisions. If after good faith efforts the Parties
fail to reach mutually acceptabie terms and provisions, then Landlord shall have the right to lease the
Premises to any ~ther third person.
(e Tenant agrees to pay all of the fees, costs and expense of Landlord's attorney in
reviewing a d negoli tlng this Lease within 60 days after the date on which Tenant receives an Invoice
for such fees, osts nd expenses from Landiord's attorney.
499020 v_02 \ 101203.0001
501326 v_OJ \ 101203.0001
Page60f8
Agenda Item No. SA
April 2S, 2009
Page 72 of S5
(f) Notwithstanding anything to the contrary contained elsewhere In this Lease:
(i) Tenant shall have the right to terminate this Lease at any time prior to
the Rent Commencement Date if Tenant reasonably believes that either one or both of the Approvals wHl
not be Issued by the applicable governmental authorities prior to the Rent Commencement Date. If the
Tenant elects to terminate this Lease under this paragraph, then Tenant shall pay Landlord a
'Termination Fee' of and upon payment of the Termination Fee, this Lease shall terminate and
each Party shall then be forever released from any and all duties, responsibilities, obligations and
liabilities. each to the other, under this Lease.
[Ii) The Parties shall have the right to terminate this Lease at any time on or
after the Rent Commencement Date if they reasonably believe that either one or both of the Approvals
will not be issued by the applicable govemmental authorities within a reasonable period of time after the
Rent Commencement Date, If the Parties elect to terminate this Lease under this paragraph, then Tenant
shall pay Landlord a "Termination Fee" of .-zwith Landlord retaining all Rent previous paid, if any),
and upon payment of the Termination Fee, this Lease shall terminete and each Party shall then be
forever released from any and all duties, responsibilities, obligations and liabilities, each to the other,
under this Lease.
[signatures follow on next page]
Page 7 of B
499020 v_02 \ 101203.0001
S0ll26 ,_01 \ 1012030001
Agenda Item No. SA
April 2S, 2009
Page 73 of 85
IN WITNESS WHEREOF, the Parties have executed this Lease, intending to be bound hereby,
as of the date first written above.
Signed, sealed and delivered in
the presence of:
LANDLORD:
LONGSHORE LAKE FOUNDATION, INC.
~e ~~
Te: ~
Print Name:
TENANT:
~ It(\ G G.L. HOMES OF NAPLES ASSOCIATES II,
~f~ L TO., a Florida limited partnership
By: G.L. HOMES OF NAPLES II
CORPORATION, a Florida corporation, its
general partner
DANA M. oIEl!1S
MY COMMISSION #1lO338479
ElIPIRES: Jll. 18, 2008
8ond~ lhl1lugh 1.t StI~ Ins""."
~~1r=..r~
~ h-b~
Print Name: (lKH1tJUJc-/,AJ itJ~
By:
Name:
T1~e:
&/h0--'
R.oI",.J u. ~\"""",.ll;.
VP
Page 8 of 8
499020 v 02 \ 101203,0001
501326 v_Ot \i 01203.0001
Agenda Item No. SA
April 2S, 2009
Page 74 of S5
ORDINANCE NO. 09-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 93-03, THE LONGSHORE LAKE
PLANNED UNIT DEVELOPMENT, BY AMENDING THE COVER
PAGE; AMENDING THE TABLE OF CONTENTS; AMENDING
SECTION 3.2.B.4 TO ALLOW AN OFF-SITE PREMISES SIGN
FOR THE TERAFINA PLANNED UNIT DEVELOPMENT TO BE
LOCATED IN THE SOUTHEAST CORNER OF THE
LONGSHORE LAKE PUD OR AN ON-SITE SIGN; PROVIDING
FOR ADDITION OF SECTION 3.2.B.7 TO ALLOW AN EXISTING
MAINTENANCE BUILDING TO REMAIN AS AN ALLOWABLE
ACCESSORY USE; AMENDING SECTION V, TRAFFIC
REQUIREMENTS, OF THE LONGSHORE LAKE PUD
DOCUMENT; PROVIDING FOR ADDmON OF EXHIBIT B-1,
ARCHITECTURAL/GRADING PLAN; EXHIBIT B-2,
LANDSCAPE PLAN AND DETAILS; EXHIBIT B-3, PROJECT
SIGN IRRIGATION AND LIGHTING PLAN; EXHIBIT 8-4,
IRRIGATION PLAN DETAILS AND NOTES; EXHIBIT B-S,
PROJECT SIGN AREA CALCULATION; AND EXHIBIT C, LIST
OF DEVIATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 12, 1993, the Board of County Commissioners adopted Ordinance No.
93-03, the Longshore Lake Planned Unit Development. in accordance with the Planned Unit
Development document attached thereto (the "PUD Document"); and
WHEREAS, Robert L. Duane, of Hole Montes Inc., representing Longshore Lake Foundation,
Inc., petitioned the Board of County Commissioners to amend Ordinance No. 93.03, the Longshore
Lake Planned Unit Development, and the PUD Document.
NOW, TIIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO COVER PAGE OF ORDINANCE NO. 93-03,
LONGSHORE LAKE PLANNED UNIT DEVELOPMENT
The Cover Page of the PUD Document is hereby amended to read as follows:
PREPARED BY:
VINES AND ASSOCIATES, INC.
715 Tenth St:rcct South
Naples, Florida 33940.
Words atNsk h8tll8 are deleted; words nntl#l!dined are added.
Pase 1 of6
Agenda Item No. 8A
April 28, 2009
Page 75 of 85
REVISED BY:
HOLE MONTES. INC.
950 Encore Wav
Nanles. Florida 34110
SECTION TWO: AMENDMENTS TO TABLE OF CONTENTS PAGE OF ORDINANCE
NO. 93-03, THE LONGSHORE LAKE PUD
The Table of Contents page of the PUD Document is hereby amended to read as follows:
TITLE: This ordinance shall be known and cited as the "Longshore Lake Planned Unit
Development Ordinance",
TABLE OF CONTENTS
Title
i
Table ofContcnts
1
SECTION I- Property Ownership and Description
+1:1
SECTION IT- Project Development
SECTION ill- General Development Regulations
H:l
9H
SECTION N. Environmental Requirements
#4-1
SECTION V. Traffic Requirements
W.H
~-.:l
SECTION VI- Utilities Stipulations
SECTION VIT- EngineeringIW aler Management Requirements
SECTION Vill- Additional Commitments
~7-1
Exhibits:
EXHIBIT A Master Development Plan Bnhillit "A"
il9H
30
EXHIBIT B-1 ArchitecturallGTlldinl!: Plan
IH
EXHIBIT B-2 Landscane Plan and Details
B-2
Words .....k lhf...... deleted; words underliDed are added.
Page 2 of6
Agenda Item No. SA
April 2S, 2009
Page 76 of 85
EXHlBIT B-3 Proiect Sil!1l Irri2ation and LilZhtin2 Plan
EXHIBIT B-4 Irri2ation Plan Details and Notes
B-3
EXHmIT C List of Deviations
JH
I!:i
C:l
EXHIBIT B.S Proiect Sil!1l Area Calculation
SECTION THREE: AMENDMENTS TO DEVELOPMENT REGULATIONS SECTION
3.2.8.4 OF ORDINANCE NO. 93-03, THE LONGSHORE LAKE POO
Section 3.2.B.4 of the PUD Document is hereby amended to read as follows:
4. Signs as permitted by the Collier County Land Development Code at the time
Permits are requested iBe'n~:-1l as eft" lIile 8reBHse aim fef Se.tu:mia PaRs
(aka TBMfifia PUl)) Sf ill t:he aklHftate te aUe-].. the eft'site sF-iRe aim te se
USIa far LeR2SBefe LalEe iB 11\8 ~.eot the ISM! is t~&&.in.aleEl het\i\ 8M
LeRIlM8re Lake aM. &at1lrBia Palls. gee alse BKbiDit '~" aett "C:'
inclurlin2 an off-site oremises sil!1l for the Terafina planned Unit
Develomnent. The off-site orcmises sil!1l use shall hmninat.. no later than
when the Lopan Boulevard Extension between Tmmokalee Road and Bonita
Beach Road is constructed and acccoted bv Collier County. In the event the
lease dated AulZUSt 30. 2007. between Lon2Shore Lake Foundation. Inc.. and
GL Homes of NaDlcs Associates IL Ltd.. as it mav be amended or lNDerceded.
tenninates and is no lon2er in effect. then the off-site oremilles sil!1l for
Terafina shall be oennitted to convert to an on-site oremises sil!1l for
Lon2shore Lake PUD, The oermissible conversion ~hall be limited to
modifvin2 the sil!1l face of the sil!1l from Satumia Falls to LoDlzshore T .alce.
See also Exhibits "B-1". "B-2". "B.3". ''B-4''. "B-S" and "C."
SECI'IONFOUR: AMENDMENT TO DEVELOPMENT REGULATIONS TO ADD
SECTION 3.2.8.7 OF ORDINANCE NO. 93-03, THE LONGSHORE
LAKE POO
Section 3.2.B.7 of the PUD Document is hereby added to read as follows:
Words _.k lion. arc deleled; words underlined are added.
Pal" 3 of6
Agenda Item No. SA
April 2S, 2009
Page 77 of S5
7. Maintenance buildim$ Dresentlv located in the southeast corner of the PUD
on Tract B of the subdivision DIaL Plat Book 32. Page 33. Shcct 2 of2. are a
Dcnnitted accessory use to provide maintenance of the residential areas in the
Lonl!Shore Lake PUD. The existing or reolacement structures of a similar
size and location shaH be deemed consistent with aU other Drovisions of this
ordinance.
SECTION FIVE: AMENDMENTS TO SECTION V, TRAFFIC REQUIREMENTS, OF
ORDINANCE NO. 93-03, THE LONGSHORE LAKE PUD
Section V of the PUD Document is hereby amended to read as foHows:
SECTION V
TRAFFIC REQUIREMENTS
5.1 PURPOSE
The purpose of this section is to set forth the traffic improvement requirements which the
project developer must undertake as an integral part of the project development.
5.2. STIPULATIONS
J. The security gate at the main entrance shall be designed and located so as not to
cause entering traffic to back up onto Valewood Drive. A separate north bound right turn
lane shall be provided on Valewood Drive.
2. At the time that the intersection of CR 846 and Valewood Drive meets the
warranted requirements for a signal system, the developer shall, at his option,
design/install a traffic signal acceptable to the county and state, if CR 846 is a state road
at the time of meeting the signal warrants, or make payment to the county upon receipt of
invoice the amount of $27,500 (55% of the estimated signal cost of $50,(00) which
would allow the county to proceed with signal design and installation. Alternatively, if at
the time the traffic signal is warranted, there is an applicable county ordinance which
determines the fair share contribution toward the cost of the signal, the ordinance
requirements mav be met in lieu of the above noted oPtions. The develoDer's obli2lltion
toward traffic sil!11al imDrovement will be considered an imDrovement subiect to
subdivision securitv.
Words .lPYolllhr...gh are dele1cd; words underlined are odded.
Page 4 of6
Agenda Item No. SA
April 28, 2009
Page 7S of S5
3. If lIDProved bv the LonlZshore Lake Homeowners Association. either direct or
emerl!encv access shall be orovided from the Lonl!Shore Lake PUD to the LolZaIl Blvd.
Ext. at the time that Lol!8D Blvd. roadway imorovements are accented bv the CounlY as a
public roadwaY. This detennination will be left uo to the LonlZShore Lake Homeowner's
Association as to the Me of access to be Drovided.
SECTION SIX: ADDITION OF EXHIBIT B-1 ARCHlTECTURAUGRADING PLAN;
EXHIBIT B-2, LANDSCAPE PLAN AND DETAILS; EXHIBIT B-3,
PROJECT SIGN IRRIGATION AND LIGHTING PLAN; EXHmIT 8-4,
IRRIGATION PLAN DETAILS AND NOTES; EXHIBIT B-5, PROJECT
SIGN AREA CALCULATION, TO ORDINANCE NO. 93-03, THE
LONGSHORE LAKE POD
Exhibit B.l, Architectural/Grading Plan; Exhibit B-2, Landscape Plan and Details; Exhibit
B-3, Project Sign Irrigation and Lighting Plan; and Exhibit B-4, Irrigation Plan Details and Notes;
and Exhibit B.S, Project Sign Area Calculation, attached hereto and incorporated herein, are bereby
added to the PUD Document.
SECTION SEVEN: ADDITION OF EXHIBIT C, LIST OF DEVIATIONS, TO
ORDINANCE NO. 93-03, THE LONGSHORE LAKE PUD
Exhibit C, List of Deviations, attacbed hereto and incorporated herein, is hereby added to
the PUD Document.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissionerll of Collier County, Florida, this
day of
,2009.
ArrEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chainnan
, Deputy Clerk
Word. .....lE lIH. are deleted. words underlined are added.
Page 5 of6
Approved as to fonn and
legal sufficiency:
Heidi Ashton-Cicko
Assistant County Attorney
Attachments: EXHIBIT B.I
EXHIBIT B-2
EXHIBIT B-3
EXHIBIT B-4
EXHIBIT B-5
EXHIBIT C
ePl07 -CPS-0077S\4S
Rev. 3/23/09
Agenda Item No. SA
April 28, 2009
Page 79 of S5
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Architectural/Grading Plan
Landscape Plan and Details
Project Sign Irrigation and Lighting Plan
Irrigation Plan Details and Notes
Project Sign Area Calculation
List of Deviations
Words Itruek threltf;k are deleted; words underlinM arc added.
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Aaenda Item No. 8A
Apn128,2 9
Page 84 of 5
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EXHIBIT EJ..S
Agenda Item No. SA
April 2S, 2009
Page 85 of S5
EXHIBIT "C"
List of Deviations
For an Off-Site Premises Si2D:
1. Deviation # I seeks relief from Section 5.06.04 C.16,a. of the Land Development Code
(LDC). which requires placement of signs in non-residentially zoned areas. to allow an off-site
premises sign as depicted in Exhibits "B-1". "B.2". "B.3". "B-4" and "B-5" of this PUD. in the
residentially zoned property known as the Terafina PUD. located in Section 16. Township 48
South. Range 26 East.
2. Deviation # 2 seeks relief from Section 5.06.04 C.16.bj, of the LDC. which requires a
maximum total area of 12 square feet for a silpl. to allow UP to 53 square feet of sign area. as
depicted in Exhibits "B-1". "B-2". "B-3". "B-4" and "B-5".
3. Deviation # 4 seeks relief from Section 5.06.04 C.16.b.v, of the LDC. which requires the off-
site premises sign to be located within 1.000 feet of the intersection of the arterial roadway
serving the proposed use. The Terafma PUD is located approximately one mile from Immokalee
Road. the arterial roadway that would serve Terafina's uses. and the proposed location for the
sign. This distance between Terafina and the arterial roadway creates the need for the sign
location.
4. Deviation # 5 seeks relief from Section 5.06.04 C.16.c. of the LDC. which requires the off.
site premises sign to be located at least 50 feet from a residentially zoned district. The subiect
property for the off-premises directional sign is residentially zoned. Longshore Lake PUD.
Rev. 3-23-09