Backup Documents 11/10/2009 Item # 8B
80
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PU8LIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
......................................................***~*.**..............*.....***.**.**..*
Originating Deptl Div: CDES.lZonin2 Person: Kay Deselem, AICP '-l:.I Date: 101" /09'
Petition No. (lfnone, give brief description): PUDA-PL2009-11 0, Winding Cypress
Petitioner: (Name & Address): Ms. Anita Jenkins. Wilsonmiller.lnc. 3200 Bailey Lane, Naples, FL 34105
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Divosta Homes, LP, c/o Chris Hasty, 9240 Eslero Park Commons Blvd, Estero, FL 33928
Hearing before BCe
BZA
Other
Requested Hearing date
November 10. 2009
Based on advertisement appearing 15 davs before hearing.
Ncwspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
. Other
Legally Required
Proposed Text: (Include legal description & common location & Size: PUDA-PL2009~IIO: DiVosta Homes, LP,
represented by Chris Hasty of Pulte Homes, Inc. and Margaret Perry. AYCP of WilsonMiller, Inc., is requesting an
amendment to the Winding Cypress PUD, adopted in Ordinance No. 02-35 and amended in Ordinance No. 02-48, to alter
the side yard setback between structures on Tract A as depicted on the PUD Master Plan but maintain a minimum of 10
feet between structures. The subject site is located in the southeast corner of Collier Boulevard (CR-951) and Sahal Palm
Road in Sections 26,34,35, Township 50 South, Range 26 East and Sections 2 and), Township 51 South, Range 26 East.
Collier County, Florida.
Companion pctition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost'? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
lq/o~/o 7
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
_For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved. be sure that any necessary legal
review, or request for same, is submitted to County Attorney before submitting to County Manager. The
Manager's office will distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
............*.*****..*.***.**..**..***..**.******.*****.*.*....*.*.**.****......*...**.*.......**.
FOR CLERK'S OFFICE SE ONLY:
Date Received: (D Ir' DateofPUbliChearing:~ Date Advertised: lo(aS-IOcr
r
88
ORDINANCE NO, 09-_~
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 02.35,
AS AMENDED 6V ORDINANCE NO, 02-48, BY AMENDING SECTION
3, TABLE I SIDE YARD SETBACKS FOR TRACT A; BY ADDING
EXHIBIT C, MAP SHOWING AMENDMENT AREA; I:JV ADDING
EXHIBIT D, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD
SETBACK DETAIL IN TRACT A; AND PROVIDING AN EFFE:CTIVE
DATE,
WHEREAS, on June 25, 2002, the Board of County Commissioners adopt~ Ordinance No, 02-
35, the Winding Cypress Planned Unit Development, in accordance with the Planned Unit Development
document attached thereto (the "PUD Documenr); and
WHEREAS, on October 8, 2002, the Boerd of County Commlsslone'. adopted Ordinance No, 02-
48, to oorrect Scrivener's Errors io the Winding Cypress Plannad Unit Dovelopment; and
WHEREAS, Chris Hasty of Puile Homas, Inc, and Margaret Parry of WilsonMiller, Ino..
representing DIVosta Homes, L,P.. petitioned tha Board of County Commisslonars to amend Ordinance
No. 02-48, the Winding Cypress Planned Unit Development, end the PUD Document.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMiSSIONERS OF
COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO TABLE I OF SECTION 3 OF ORDINANCE NO. 02-48, THE
WINDING CYPRESS PUD
Table I of Section 3 or the PUD Documenl is hereby amended to read as follows:
TABLE I
WINDING CYPRESS DEVELOPMENT STANDARDS FOR URU RESIDENTIAL AREAS - TRACT A
SINGL~ PAno & rvvo SINGLE FAMILY MULTI-
FAMILY ZERO lOT FAMilY & ATTACHED & FAMILY
DETACHED LINE D_UPLEX TOWN HOME
Minimum S1lB Are. 2 800 SF 2 SOO SF 3.500 SF 2?MSF
12000 SF
Minimum 35' 35' 35' 20'
SllBWldlh 100'
Minimum -,
Site Denth 65' 65' 100' 40' 90'
Fronl Yard Setback 15,"1 15' '1 10"1 15"4 15"4
(pnnClp~~~nd
AcCOMO
Rear Yard Sfrtback 10' 10' 10'
IPrinclcall 10' 20'
~~d. Yald Setback 5' ~ 5' 5'
Princinal'- '2 7,5'
~d. Yar~~tbaCk ,
Accasso ~ "2 5' ., S' 5'" 5'
~..r Y.~7.tback 5' 5' 0' 5'"
Accoaso 10'
Maximum Height' 35' 35' 35' 50' 50'
Distance Between N1A N1A NIA
princinal StructurEI'll 10' 15'
Minimum Floor Area 900 SF 900 SF 900 SF
750 SF 750 SF
Words &tr~ are deleted; words undftrlil"lsd aro addlilld,
Revised #3 August 20, 2009 PUDA.PL2009~ 11 D. Winding Cypress PCD
Pagel 013
Gonoral Noto.:
For any lot or parcel, which is sorvsd by both e stroot and en elley, tho Jot line adjacent to 1M elley shall be treated.. ·
rear lot Ine, and the satbaok shall be measured from the edge of pavement. Tha olley easement shaU be a minimum of
20' wide, with 10' pavement Common archllecturnl foaMO' euch !!l archways, aroors, and courtyard entry features
shall be exempt fmm the minimum yard requirements listed above.
Minimum 101 areas for any unIt type may be exceeded. Tho unit type, and not the minimum lot area, ehall define the
development standards to be applied by the Customer Servlcus Department during an application for a building
permit. For all patio or zero lot line units. a conceptual exhibit showing typical building configuration shall be submitted
to Customer 8eMceS Dcpartment with the eppllcatlon for the first building permit The conceptual eXhibit may be
modified" needed.
All dlstanGe8 ars in feet unless otherwtee noted.
With approval from the Developer. front yards. shall be mooSlRd as follows:
A- If the parcel is served by a publIC right-of-way, setback is measured from the adjacent r1ght..of-way line.
Sidewalks shaU be located in the rlght-of-way.
B. 11 the parcells served by a PINata road, setbacK i~ mBiilsumd from the back of curb (If curbed) or edge of
pavement (If not curbed).
'1 This setback shall be reduced to 10' for side entry garages. front porches. and combination front
porchlfront enby garages.
'2 The slda comer setback sh..1 be the same as the required front principai structure setback.
'3 Height shall be measured from the first habitable finished floor elevation of the un~,
'4 Setback 10 be measured from edge of pavement or back of curb, whichever is applicable, of road
that SeMIS the un~,
.5 Side yard setback shall be either 0' on one side and 10' on the other, or 3'-1 on one side and 6'.11"
on the other. ~cture8 to be constructed wltttin the hatched area of Tract A es deoicted on tho.
attached Ex.hibit C. side vard setback shal be either 0' on one side and 10' on the other. or a mlntmtlm of 3'.
,. as lone as the total distance between structures is a minimum of 10 f961 ,
'6 Accessory Pool Enc;losurelscreen lanai setback may be reduced to 0' when attached to privacy
wall,
'7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be
reduced to O' provided architectural bank treatment is incorporated.
'6 A Pallo Home 19 a detached 0( semi-detached unit for a .Inglefamilywith one (11 dwelling unil from
ground to roof wherein each dwelling unit lot Is enclosed by a wall located at lI1e lot line, thus creating a
private yard bQtwe6~ the house end the wall
SECTION TWO: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02.35,
TO ADD EXHIBIT C, MAP SHOWING AMENDMENT AREA
Exhibit C, Map Showing Amendment Area Is hereby added to the PUD document and attached hereto
and incorporated by reference herein.
SECTION THREE: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT. OF ORDINANCE NO, 02.35,
TO ADD EXHIBIT 0, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN
TRACT A
Exhibit D, Typical Patio or Zero Lot Line Home Side Yard Setback Oatallln Tract A Map Is heraby added
to the PUO document and attached hereto and incorporated by reference herein.
Words 61J:U~k tl:lrQugh f:lf'8 deleted; words underlined are added.
Revised #3 Augusl20, 2009 PUDA-Pl2009,llO. Winding Cypress pun
Peg. 2 of 3
I
B
SECTION FOUR: EFFECTIVE DATE
This Ordinance shell become effective upon filing with the Department of State,
PASSED AND DULY ADOPTEO by super-majority vote by the Board 01 County Commissioners
of Collier County, Florida, this _ day of ,2009,
ATTEST:
DWIGHT E, SROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Depuly Clerk
DONNA FIALA, Chairman
Approved 88 to lorm and
Legal suffiolency:
)"~\~l\
Heidi Ashton-Cicko Il~,
Section Chief, Land USefTransportallon
ExhlbU C: Map showing emendmenl ar...
Exhibit D: TyPical Patio 0' Zero Lot Line Home Side Yard Setbaok Detail in Tracl A
CPlO9-<:PS-00956\12
Words &&RJ(;lt I~FQl:li'" are deleted; WQrds underlined are addod.
Revill" #3 AugUI1 20. 2009 PUDA.PL2009,IIO, Winding Cypress PUD
Pogo 3 of 3
88
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WINDING CYPRESS TRACT A
PUD AMENDMENT
EXHIBIT" C"
AUGUST 2009
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Acct. #068779
October 16, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
RE: PUDA-PL2009-110, Winding Cypress
Dear Legals:
Please advertise the above referenced petition on Sunday, October 25, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
t 8D
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, November 10, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO, 02-35, AS AMENDED BY
ORDINANCE NO, 02-48, BY AMENDING SECTION 3, TABLE 1 SIDE YARD
SETBACKS FOR TRACT A; BY ADDING EXHIBIT C, MAP SHOWING AMENDMENT
AREA; BY ADDING EXHIBIT D, TYPICAL PATIO OR ZERO LOT LINE HOME
SIDE YARD SETBACK DETAIL IN TRACT A; AND PROVIDING AN EFFECTIVE
DATE.
PETITION: PUDA-PL2009-110, DiVosta Homes, LP, represented by Chris
Hasty of Pulte Homes, Inc., and Margaret Perry, AICP of WilsonMiller,
Inc., is requesting an amendment to the Winding Cypress PUD, adopted
in Ordinance No. 02-35 and amended in Ordinance No. 02-48, to alter
the side yard setback between structures on Tract A as depicted on the
PUD Master Plan but maintain a minimum of 10 feet between structures.
The subject site is located in the southeast corner of Collier
Boulevard (CR-951) and Sabal Palm Road in Sections 26, 34, 35,
Township 50 South, Range 26 East, and Sections 2 and 3, Township 51
South, Range 26 East, Collier County, Florida.
A copy of the proposed Ordinance is on
Board and is available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County Manager prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any
item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
88
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
'j~nbLofe()llier
'-"""'1_ \ \,
CLERK OF THE GlRCUIT COURT
COLLIER COUNTYCOURYHOUSE
3301 TAMIAMI '$AIL EAST
P.O. BOX 41.3044 .
NAPLES, FLORIDA141 0 1-3044
b..:." :
~-! l;'.,
, 88
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
October 16, 2009
Divosta Homes, LP
c/o Chris Hasty
9240 Estero Park Commons Blvd.
Estero, FL 33928
RE: PUDA-PL2009-110, Winding Cypress
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 10,2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, October 25, 2009,
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Sc
ere sa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.colIierclerk.com
Fax (239) 252-2755
Email: colIierclerk@colIierclerk.com
Dwight E. Brock
Clerk of Courts
i~e~}L:ofeqllier
CLERK OF THE CslRCtJIT COURT
COLLIER COUNTY f::OURrflOUSE
3301 TAMIAMI l'~IL EAST
PO, BOX 413044
NAPLES, FLORIDA 14101-3044
,1~- !
i:.r,:;
188
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
i~r r!
October 16, 2009
Ms. Anita Jenkins
Wilsonmiller, Inc.
3200 Bailey Lane
Naples, FL 34105
RE: PUDA-PL2009-110, Winding Cypress
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, November 10, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, October 25, 2009,
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Teresa L Polaski
8.B.
To;
Subject;
legals@naplesnews,com
PUDA-PL2009-110, Winding Cypress
Lega Is,
Please advertise the following on Sunday, October 25, 2009, Thanks
~
Wl1
~
PUDA-PL2009,110 PUDA,PL2009,110
.doc .dot
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierclerk,com)
1
Teresa L. Polaski
88
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk,com
Friday, October 16, 2009 9:05 AM
Teresa L, Polaski
Delivery Status Notification (Relay)
ATT32404,txt; PUDA-PL2009,110, Winding Cypress
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
Teresa L. Polaski
88
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Friday, October 16, 2009 9:23 AM
Teresa L. Polaski
RE: PUDA,PL2009-110, Winding Cypress
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierderk,com]
Posted At: Friday, October 16, 2009 9:05 AM
Posted To: Legals - NDN
Conversation: PUDA,PL2009-110, Winding Cypress
Subject: PUDA,PL2009-110, Winding Cypress
Legals,
Please advertise the following on Sunday, October 25, 2009, Thanks
<<PUDA-PL2009-110,doc>> <<PUDA-PL2009-110,dot>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa, Po las ki@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
88
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews,com]
Friday, October 16, 20094:05 PM
Teresa L. Polaski
Ad Confirmation
UAS61 F,jpg
ATTACHED please review your notice.
Thank you for
Date
Publication
Ad Number
Total Ad Cost
Emely
placing your ad.
1e/16/e9
NDN
1821756
$3e7.82
1
NOTICE Of INTENT TO CONSIDER ORDI,
NANCE
Now:e Is hereby given ihat en Tuesday,
Novr.-mber 10, 2009, in the Boardroom,
3rd floor, .A.dtni/)Istration Building, Collier
County GOVErnment Center, 3301 Ea::>tl<il'
mldml Trail. Naples, F1orld~. the Bo.ard of
County Commissioners willcon<;:ider th~
enactment of a CO~lnty Ordinance. The
meeting will commence at 9:00 AM. The
title of the proposed Ordinance is as -Tol-
low>;
t8E
AN ORDINANCE Of IHE BOARD OF
CO'JNTY COMMISSIONERS Of COLLIER
COUNTY, fLORIDA, AMENDING ORDI.
NANCE NO 02,35, AS AMENDED BY OR.
DiNANCE NO 02.48, BY AMENDING 5EC.
TION 3, TA.BLE 1 SIDE YARD SETBACKS
fOR TIlACT A; BY ADDING EXHIBII C.
MAP SHOWING AMENDMENT AREA: BY
ADDING EXHIBIT D, TYPiCAL PATIO Oil
ZERO LOT LINE HOMl SIDE YARD SET.
BACK DETAil IN TRACT A; AND PROVID.
IN(; AN EFfEClIVE DATl,
PETITION. PUDA-PLlOD9.' '0. DiVe..t,]
Homes, LP. r~pfGsented by Chm Hasty of
Ptj!te HOIT1~s. In(, <!fld Margaret Perry,
AlCP ()t WiI'ionMiller. 111(, IS reque:i.tlog an
.lmendm!?m: to the Winding Cypress PUD.
.1d0pted :n OrdloiHHf,I No 02-3S and
.1mendgd in Ordinance No 02-48. to altf!r
the- side yard ~etbi'lck between'Structurlts
on Tract A '-"5 di:!pl(t~d on the PUD Mailer
Pi<ln but maltltaln a mll)IOllJfT'1 of I() f~~t
b~hl\1ep.n ..truLtur~'.. The subject site i..lo-
Glt~dln th@ sOlHheast (orner of Collier
Boulevard (CR-951) and Sabal Palm I~n<)d
In Sectiom 26, 34. 35. Towmhip SO South.
Range 26 East. and Se-(tIOns 2 an.d J.
Town!>hlp 51 South, Range 16 East, Collier
COIJnlY, ~lorid~,
A copy of the propcsed Ordii1ancp IS on
tde Wllh the Clerk 10 the Board and is
d\lilil.lble tor ins.rJ~(:Tion_ AllinllH@stild
partie~ ar"" ,nvi't(od to att@nd and be
hearo.
NOTE All per~ons wishing to jpeak on
ilny ilg@ndel item rrithT rpglster with rh",
County Man<Jger pflor to presemaTlonaf
the agencla Item IO be addre<:ised.
Individual ~peakers will be limite.d to 5
minuTe<; on any iu-m. The sE'lection of an
individual to sp@ak aft b@half af an orga-
Ili;z;nicn or group is en(ollraged. If r02('
c.gnrlerJ by the Chairman, ,1 s-poke:;pl"rson
tor a group or organizmion may be al
lotted Hl minlJt€'~ to <.peak on an item.
Person" wishing 10 h<)\I@ written or graph.
I( materials indudl"d in the Board agenda
pa(ket~ must <;l1brnit~ilid material illTlin^
Imum oi J wE>eks prior to the respectiVE>
publiC hearing. In any (ase, wrimm ma.
terial5 inh>nd@d to bE! cof)Sid>.!red by th@
Board shall be submitted to the ilppropri.
ilte (Qlrnty staff a minimum of seven days
prior to thl." publi~ hearing. All material
uh:l('.'1 in prl'>'ipntatlom hefmllil the Bo.ard
will b@(ofl11? a permanent part of the r12'
card.
ArlY person who decides 10 appeal <'l de-d.
sian of th@ Board will n~ed arf.!(ard of
the proc~!Jdings pertaining lh@niilto and
ther,;,forl;o, milY need to en~ure that.l ver.
batim record of the proc!Jl\'dings i'i madE!',
which l"@(ord includes the testimony clnd
evjd~n(e UpOrl which thf;> appeali" bast!'d.
If YOu are a person withdisab'l!ity who
r:H~ed5 any (jcccmmodationin ordet to
panicir>atL' In this prQc.eedin9. you are en-
titled, at no cost to you, to the provisiofl
of certain assistanCe. Please contilc1 ~he
(allier CfJunty.fac:ilities Man:agement De.
partment, loc.l!ted at 3301 TarJ1iami Trarl
E'J~t, Bllilding W, Naples, Florida 34112,
(l39}252.1:LiSO. As:si!aert IiHeninQ d~vke~
tor the hearing impair~d ar>?:iwallable in
thE' County (ommi:;sioners" Office,
BOARD OF COUNlYCOMMISSIONERS
COUJER COUNTY, flORIDA
DONNA fiALA, CHAIRMAN
DWIGHT E, BROCK, CLERK
By; Teresa Polaski. Dept.:ty Clerk
(SEAL)
October 25. 2009 No'!82 1 756
I
,
AD SPACE: 104 LINE i
FILED ON: 10/26/09 I
;;:~;:;;:-:;-;;;:;~;._~~~.._------.--
Sworn to and Subscribed before me this ~q~ day of ()C\OG~v
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
B2C/Z~~ING D3PARTMENT
<:LERK OF C:RC'l.r:T CR'='
SAPA SCHKEEBER3ER
POBOX 413('44
Np.PLES F~, ::;:; 10:'
REFERENCE: 068779
59594129
P.O. #4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 10/25 10/25
Personally known by me
88
~OF~~I'"
Plrties-iar.'j
heard. .
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 B P',
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office The completed routing slip and original
documents arc to be iorwarded to the Board Ol11ce only after the Roard has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed If the document IS already complete with the
exception of the Chainnan's sismature, draw a line throue.h routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Judy Puig CDES Administration S ~ ldlol O~
2. \.V
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County 1\1\'1109 {/-c
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one orlhe addressees above, including Sue Filson. need to contact slaff fix additional or missing
infannatian. All original documents needing the BCe Chairman's slgnllture are to be delivered to the Bee office on]y after the Bee has Hcted to approve the
item.)
Name of Primary StatT Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was 11/10109 Agenda Item Number 8,B,
Approved bv the BCC
Type of Document Ordinance ~ooq~&:? I Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney, This includes signature pages from ordinances.
resolutions, etc, signed by the County Attorney. s Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and possibl State Officials,)
All handwritten strike-through and revisions bave been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whicl1ever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired,
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC omce within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware of our deadlines!
The document was approved by the Bee on November 10,2009, and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
Ves
(Initial)
XV
NI A (Not
A licable)
2,
3,
4,
5,
6,
N/A
XV
:KIJ
XV
X'D
I: Fonns! County Fonns! Bce Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date
December 1, 2009
To:
Kay Deselem, Principal Planner
Zoning and Land Development
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Ordinance 2009-61: Amending the
Winding Cypress PUD
Attached for your records, please find a copy of the Ordinance
referenced above (Agenda Item #8B), adopted by the Board of
County Commissioners on Tuesday, November 10, 2009,
The Minutes and Records Department has retained the original for the
Board's official records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
8 B ".
8 B 1
ORDINANCE NO, 09- 61
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 02-35,
AS AMENDED BY ORDINANCE NO. 02-48, BY AMENDING SECTION
3, TABLE I SIDE YARD SETBACKS FOR TRACT A; BY ADDING
EXHIBIT C, MAP SHOWING AMENDMENT AREA; BY ADDING
EXHIBIT D, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD
SETBACK DETAIL IN TRACT A; AND PROVIDING AN EFFECTIVE
DATE,
WHEREAS, on June 25, 2002, the Board of County Commissioners adopted Ordinance No 02-
35, the Winding Cypress Planned Unit Development, in accordance with the Planned Unit Development
document attached thereto (the "PUD Document"); and
WHEREAS, on October 8, 2002, the Board of County Commissioners adopted Ordinance No, 02-
48, to correct Scrivener's Errors to the Winding Cypress Planned Unit Development; and
WHEREAS, Chris Hasty of Pulte Homes, Inc, and Margaret Perry of WilsonMiller, Inc"
representing DiVosta Homes, l.P" petitioned the Board of County Commissioners to amend Ordinance
No, 02-48, the Winding Cypress Planned Unit Development, and the PUD Document
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that
SECTION ONE: AMENDMENTS TO TABLE I OF SECTION 3 OF ORDINANCE NO. 02-48, THE
WINDING CYPRESS PUD
Table I of Section 3 of the PUD Document is hereby amended to read as follows:
TABLE I
WINDING CYPRESS DEVELOPMENT STANDARDS FOR nRn RESIDENTIAL AREAS - TRACT A
SINGLE PATIO & TWO SINGLE FAMILY MULTI,
FAMILY ZERO LOT FAMILY & ATTACHED & FAMILY
DETACHED LINE DUPLEX TOWN HOME
Minimum Site Area 2,800 SF 2,800 SF 3,500 SF 2,200 SF 12,000 SF
Minimum 35' 35' 35' 20' 100'
Site Width
Minimum 65' 65' 100' 40' 90'
Site Deoth
Front Yard Setback 15' " 15' ., 15' ., 15' " 15' "
(Principal and
Accessorv)
Rear Yard Setback 10' 10' 10' 10'
IPrincioal) 20'
Side Yard Setback 5' '5 5' 5' 7,5'
(Princioal) _ '2
Side Yard Setback 5' '5 5' 5' '6
(Accessory) . '2 5'
Rear Yard Setback 5' 5' 5' 5' '7 10'
(Accessorv)
Maximum Height 35' 35' 35' 50' 50'
Distance Between N/A N/A N/A 10'
Princioal Structures 15'
Minimum Floor Area 900 SF 900 SF 900 SF 750 SF
750 SF
Words .tr"ok Ihro"~h are deleted; words underlined are added,
Revised #3 August 20, 2009 PUDA-PL2009-110, Winding Cypress PUD
Page 1 of 3
8a
General Notes:
For any lot or parcel, which is served by both a street and an alley, the lot line adjacent to the alley shall be treated as a
rear lot line, and the setback shall be measured from the edge of pavement. The alley easement shall be a minimum of
20' wide, with 10' pavement. Common architectural features such as archways, arbors, and courtyard entry features
shall be exempt from the minimum yard requirements listed above,
Minimum lot areas for any unit type may be exceeded, The unit type, and not the minimum lot area, shall define the
development standards to be applied by the Customer Services Department during an application for a building
permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configuration shall be submitted
to Customer Services Department with the application for the first building permit. The conceptual exhibit may be
modified as needed,
All distances are in feet unless otherwise noted,
With approval from the Developer, front yards shall be measured as follows:
A, If the parcel is served by a public right,of,way, setback is measured from the adjacent right.of-way line,
Sidewalks shall be located in the right,of,way,
B, If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of
pavement (if not curbed),
'1 This setback shall be reduced to 10' for side entry garages, front porches, and combination front
porch/front entry garages,
*2 The side corner setback shall be the same as the required front principal structure setback,
*3 Height shall be measured from the first habitable finished fioor elevation of the unit.
'4 Setback to be measured from edge of pavement or back of curb, whichever is applicable, of road
that serves the unit.
'5 Side yard setback shall be either 0' on one side and 10' on the other, or 3'-1 on one side and 6'-11"
on the other, For those structures to be constructed within the hatched area of Tract A as depicted on the
attached Exhibit C, side vard setback shall be either 0' on one side and 10' on the other, or a minimum of 3'-
1" as lonq as the total distance between structures is a minimum of 10 feet,
'6 Accessory Pool Enclosure/screen lanai setback may be reduced to 0' when attached to privacy
wall.
'7 Accessory Pool Enclosure/screen lanai setback from Lake Maintenance Easement may be
reduced to 0' provided architectural bank treatment is incorporated,
'8 A Patio Home is a detached or semi-detached unit for a single family with one (1) dwelling unit from
ground to roof wherein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a
private yard between the house and the wall
SECTION TWO: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02-35,
TO ADD EXHIBIT C, MAP SHOWING AMENDMENT AREA
Exhibit C, Map Showing Amendment Area is hereby added to the PUD document and attached hereto
and incorporated by reference herein,
SECTION THREE: AMENDMENT TO EXHIBIT A, THE PUD DOCUMENT, OF ORDINANCE NO. 02-35,
TO ADD EXHIBIT 0, TYPICAL PATIO OR ZERO LOT LINE HOME SIDE YARD SETBACK DETAIL IN
TRACT A
Exhibit D, Typical Patio or Zero Lot Line Home Side Yard Setback Detail in Tract A Map is hereby added
to the PUD document and attached hereto and incorporated by reference herein,
Words &lR.JGk-l1lfoo!jA are deleted; words underlined are added,
Revised #3 August 20, 2009 PUDA-PL2009,110, Winding Cypress PtJD
Page 2 of 3
88
SECTION FOUR: 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 Commissioners
of Collier County, Florida, this I (JJ41 day of ^! CA/!", '1/':K , ,2009,
ATTEST:
DWIGHT E: BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUPiTY, FLORIDA ,
{II;"
J' ,
h??'v-, <.;i,(-4.~
DONNA FIALA, Chairman
BY:
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Approved as to form and
Le:]UffiCiencY
S'di A~ht'o~:~iCkO · . (
Section Chief, Land Use/Transportation
(110
Exhibit C: Map showing amendment area
Exhibit D: Typical Patio or Zero Lot Line Home Side Yard Setback Detail in Tract A
CP\09-CPS,00956\ 12
Words otrusk thro"~h are deleted: words underlined are added,
Revised #3 August 20, 2009 PUDA,PL2009-]] 0, Winding Cypress PUD
Page 3 of 3
~
11II
I
WINDING CYPRESS TRACT A
PUD AMENDMENT
EXHIBIT" C"
AUGUST, 2009
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-61
Which was adopted by the Board of County Commissioners
on the 10th day of November, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of November, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to BOqrdbf
County Commissioners
O-uu ~~?,C.
By: Ann Jennej ohI:J;;
Deputy Clerk
88
-:.
RECYCLE CENTER AND HAZARDOUS WASTE
, 8 B - 4Y!a:t
)1'1 bo LOc;rt"r~
I AM ROBERT JENKINS
I AM HERE REPRESENTING FALLING WATWRS
FALLING WATERS IS A COMMUNITY OF 800 RESIDENCES
FALLING WATERS IS LOCATED SOUTHWEST OF THE INTERSECTION OF
SANTA BARBARA AND DAVIS
THE FALLING WATERS RESIDENTS ENDORSE RECYCLING. IN FACT, THERE ARE RECYCLEING
CONTAINERS THRUOUT THE COMMUNITY. THE RECYCLE MATERIAAl IS COLLECTED WEEKLY
BY WASTE MANAGEMENT.
IN OUR ASSOCIATION MEETINGS THERE IS STRONG APPROVAL OF RECYCLING, BUT STRONG
OBJECTION TO THE PROPOSED RECYCLING AND HAZARDOUS WASTE CENTER
THE SITE OF THE PROPOSED CENTER IS NOW ZONED RESIDENTIAL. THE PROPOSED SITE IS IN A
RESIDENTIAL AREA THE CENTER SHOULD BE IN A COMMERCIAL OR INDUSTRIAL AREA
SOME SPECIFIC OBJECTIONS ARE:
THERE IS A SCHOOL DIRECTLY EAST OF THE PROPOSED SITE. THE CENTER WOULD BE AN ATTRACTION
FOR CURIOUS STUDENTS.
I KNOW OF INSTANCE IN NEW JERSEY WHERE A YOUNG BOY CLIMBED A FENCE AND THEN OUT OF CURIOUSITY
CLIMBED INTO A DUMPSTER THE DUMPSTER CONTAINED SOLVENT SOAKED RAGS. THE BOY WAS OVER COME
AND WAS FOUND DEAD THE NEXT MORNING. THIS CAN AND DID HAPPEN!!
THE RESIDENTAL COMMUNITIES IN THE AREA ARE CONCERNED THAT THE CENTER WILL ADVERSL Y AFFECT
THE VALUE OF THEIR PROPERTY. AFTER DISCUSSING THIS WITH SOME REALTORS. I BELEIVE THEIR CONCERNS
ARE VALID. THE CENTER WILL ADVERSL YTHEIR PROPERTY VALUES.
COLLIER COUNTY PROPERTY MANAGEMENT RECENTLY ADVISED THAT THE VALUE OF RESIDENTIAL
PROPERTY IS $150.000 PER ACRE, THIS MEANS THE VALUE OF THE 5 ACRE SITE IS $750,000.SUREL YOTHER
MORE APPROPIATE SITES CAN BE AQUIRED FOR LESS THAN $750.000.
AGAIN, THE SITE IS ZONED RESIDENTIAL AND THE NEIGHBORHOOD IS RESIDRNTIAL AND A RECYCLE CENTER
IS INAPPROPIATE.
LAST FRIDAY I RECEIVEED AN EMAIL COPY OF THE NAPLES RECYLlNG PRESENTATION. PAGE 18 WAS A CONCEPT PLAN
FOR THE BENBRIDGE RECYCLING CENTER ON SANTA BARBARA BLVD.. THE PLAN SHOWS THE CENTER WILL PROCESS
THE FOLLOWING:
TIRES
SCRAP METAL
BIOIMAS (GREEN TRASH)
CONSTRUCTION AND DEMOLITION TRASH
SCRAP PAAPER BAILER
PAINTS, OILS & SOLVENTS
GENERAL
A CENTER HANDLING AND PROCESSING THESE ITEMS SHOULD _ BE IN A INDUSTRIAL OR COMMERICAL AREA!!
NOT IN A RESIDENTIAL AREA!!
THANK YOU FOR YOUR ATTENTION