Backup Documents 06/23/2009 Item #17A
1'1.A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
.********************..******.*.......**.**...**********.*****************....**...*******************.
Originating DeptJ Div: CDES.lZoninl! Person: Melissazone~,' Date: 0- 2-7 -07
Petition No. (If none, give brief description): PUDZ-2008-AR-12804, Hospice, Inc.
Petitioner: (Name & Addrt;ss):Tim Hancock, AICP, Davidson Engi ring, 3530 Kraft Rd, #301, Naples, FL 3'4105
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) AVOW
Hospice, Inc., 1095 Whippoorwill 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)
Hearing before BCC
BZA
Other
Requested Hearing date:
June 23. 2009
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-2008-AR-12804, Avow Hospice Inc.,
represented by Tim Hancock, AICP, of Davidson Engineering Inc., requesting a PUD Rezone from Community Facility (CF) and
Agricultural (A) Zoning Districts with a ST/W -4 Wellfield risk management special treatment overlay zone to a Community Facility
Planned Use Development (CFPUD) zoning district for a project to be known as Avow Hospice CFPUD. The 15.25:1: acres
subject property is for the expansion of the existing Hospice use. The subject property is south of Pine Ridge Road at 1095
Whippoorwill Lane, in Section 18, Township 49 South and Range 26 East, Collier County, Florida.
Companion petition(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
Re~ Lyv,.ls~
Dfvision Administrator or Designee
0[/27/0 ,
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
....................**.*****.**....*******.*****.****..........***.....w...**..**...**....*...........
FOR CLERK'S OFFICE USE ONL Y:
Date Received: ~ Date of Public hearing: .~\ '2..;~\ cf\ Date Advertised: ~
17A
ORDINANCE NO, 09-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH EST ABLISHED THE COMPREHENSNE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A
COMMUNITY FACILITY ZONING DISTRICT AND
AGRICULTURAL ZONING DISTRICT WITH WATERFRONT
SPECIAL TREATMENT OVERL Y TO A COMMUNITY
FACILITY PLANNED USE DEVELOPMENT (CFPUD)
ZONING DISTRICT FOR THE PROJECT KNOWN AS AVOW
HOSPICE CFPUD, LOCATED AT 1095 WHIPPOORWILL
LANE, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
15.25+/- ACRES~ AND BY PROVIDING AN EFFECTNE
DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Avow
Hospice, Inc., petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from a Community
Facility (CF) Zoning District and Agricultural (A) Zoning District with a Waterfront Special
Treatment Overlay to a Community Facility Planned Use Development (CFPUD) Zoning
District for a 15.25+/- acre project known as Avow Hospice CFPUD, in accordance with
Exhibits A through F attached hereto and incorporated herein. The appropriate zoning atlas map
or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
1
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SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super.majority vote of the Board of County
Commissioners of Collier County, Florida, this day of ,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
. l.{rY v"
Y'~\ \~\
HEIDI ASHTON-CICKO
Assistant County Attorney
Land Use Section Chief
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Deviations
Exhibit F - Developer Commitments
09-CPS-00944/5
2
Martha S. Vergara
l'7A
From:
Sent:
To:
Subject:
Attachments:
Ram irezHeather [HeatherRam irez@colliergov.net]
Wednesday, May 27,20091 :31 PM
Minutes and Records
Legal ad for June 23rd Bee advertising
PUDZ-2008-AR-12804 Legal Ad.pdf; PUDZ-2008-AR-12804 Ordinance.pdf
Here is the last legal ad for the June 23rd Bee advertising.
Heather L. Ramirez
1
17A
Acct. #068779
May 28, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: PUDZ-2008-AR-12804, AVOW Hospice, Inc.
Dear Legals:
Please advertise the above referenced notice on Sunday, June 7, 2009, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500096189
VA
tJ
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, June 23, 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 NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A COMMUNITY FACILITY ZONING
DISTRICT AND AGRICULTURAL ZONING DISTRICT WITH WATERFRONT
SPECIAL TREATMENT OVERLY TO A COMMUNITY FACILITY PLANNED USE
DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS
AVOW HOSPICE CFPUD, LOCATED AT 1095 WHIPPOORWILL LANE, IN
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 15.25 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
Petition: PUDZ-2008-AR-12804, Avow Hospice Inc., represented by Tim
Hancock, AICP, of Davidson Engineering Inc., requesting a PUD Rezone
from Community Facility (CF) and Agricultural (A) Zoning Districts
with a ST/W-4 Wellfield risk management special treatment overlay
zone to a Community Facility Planned Use Development (CFPUD) zoning
district for a project to be known as Avow Hospice CFPUD. The 15.25
+/- acres subject property is for the expansion of the existing
Hospice use. The subject property is south of Pine Ridge Road at 1095
Whippoorwill Lane, in Section 18, Township 49 South and Range 26
East, Collier County, Florida.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 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.
11,A
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 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: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
'>eol\~!y~=~f-Cq llier
CLERK OF THE CI.RCtJIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI t,liAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA34101-3044
~1~7 A
~':~t~,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
May 28, 2009
Davidson Engineering
Tim Hancock
3530 Kraft Rd
Suite 301
Naples, FL 34105
Re: Notice of Public Hearing to consider Petition
PUDZ-2008-AR-12804: Avow Hospice, Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, June 23, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, June 7, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
';C'O\lp.t}<~ofCQllier
CLERK OF THE ClRCt}IT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI T~IL EAST
P.O. BOX 413044 i
NAPLES, FLORIDA']4101-3()44
l'7A
,,{~~
,"t:"
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
May 28, 2009
AVOW Hospice, Inc.
1095 Whippoorwill Lane
Naples, FL 34105
Re: Notice of Public Hearing to consider Petition
PUDZ-2008-AR-12804: Avow Hospice, Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, June 23, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, June 7, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
1"7 A
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk.com
Thursday, May 28, 2009 11 :20 AM
Martha S. Vergara
Delivery Status Notification (Relay)
ATT399191.txt; PUDZ-2008-AR-12804, AVOW Hospice, Inc.
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~naDlesnews.com
1
17A
Martha S. Vergara
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, May 28, 2009 11 :39 AM
Martha S. Vergara
RE: PUDZ-2008-AR-12804, AVOW Hospice, Inc.
ok
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Posted At: Thursday, May 28, 2009 11:20 AM
Posted To: Legals - NDN
Conversation: PUDZ-2008-AR-12804, AVOW Hospice, Inc.
Subject: PUDZ-2008-AR-12804, AVOW Hospice, Inc.
Legal's,
Here is an Ad to be placed.
PLEASE SEND AN OK WHEN RECEIVED.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. vergara@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
1'!7,'A
wDL- 2ro% -M- {Rt4
AVDW Ary;cl-J
copies of the proPos~ brdtnanc:e are or\flle wltti
the Clerk to the Board and are avallable for Inspec-
tion. All Intel'ested parties are invIted to attend
and be heard, . ,
Persons wishing to .have
als Included In the
submit said materlal a
the resoective public 11
materlals IntenOed to b
shall be submitted to the
a minimum of seven days
Ing. All material used In
Board will become a penna
Any person whO ~Ides
Board will t'1IIld a rec
tainlng thereto .and the
that a verbatIm record 0
which record Includes the-
upon which the appeal is
If you are a person with a dlsablllty who r\liltldsllllY
accommodation In order to participate In thIsp'!:o"
uedlng, you are entitled, at no cost t~ Y.... to ..tne
'llI'ovtslon . of certain assistance. Please eomact the
Collier CountY Facilities Mana ement DeIlal1l'n8nt,
'iocated at 3301 Tamlaml Tr East, Bu. 1.llddllngng W W,
. Naples, FIor\da 34112. -8.180, . As$I~ 115-
tenlnp devices for'1!UI g Imp~; ~avall"
',able," the CountY eomm rs' ornce. '
MAtllM2M
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+-
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59578347
P.O. # 4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance 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: 06/07 06/07
AD SPACE:
FILED ON:
194 LINE
06/08/09
- - - - - - - -1~ -- -;/}- - - - - - - - - +-
W1 r n f ltJ
1'7 A
NOTICE Of INTENT TO CONSIDER ORDINANCE
~gJ~cei~s t~:r'il~ar~~voeo~~h~:d o~lo~~~sft~:ni~t~:ti~~
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 com,
mence at 9:00 A.M. The title of the proposed Ordi.
nance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COM'
MIS!.IONERS Of COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004.41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOP.
MENT CODE WHICH ESTABLISHED THE COMPREHEN.
SIVE ZONING REGULATIONS fOR THE UNINCORPO,
RATED AREA Of COLLIER COUNTY, FLORIDA. BY
AMENDING THE APPR'OPRIATE ZQNtNG ATLAS MAP
OR MAPS BY CHANGING THE ZONING CLASSIFICA.
TtON OF THE HEREIN DESCRIBED REAL PROPERTY
fROM A COMMUNITY fACILITY ZONtNG DISTRICT
AND AGRICULTURAL ZONING DtSTRICT WITH WA,
TERFRONT SPECIAL TREATMENT OVERLY TO A COM.
MUNITY FACILITY PLANNED USE DEVELOPMENT
(CfPUD) ZONING DISTRtCT FOR THE PROJECT
KNOWN AS AVOW HOSPICE CFPUD, LOCATED AT
I09S WHIPPOORWILL LANE, IN SECTION lB, TOWN-
SHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. CONSISTING OF 15.25 +/, ACRES: AND BY
PROVtDtNG AN EFFECTIVE DATE.
Petition: PUDZ'20OS-AR'12804, Avow Hospice tnc..
represented by Tim Hancock, AICP. of Davidson En.
glneerlng Inc.. requesting a PUD Rezone from Com'
munlty Facility (Cf) and Agricultural (4) Zoning
Districts with a ST/W-4 WeHfleld risk management
sp'eclal treatment overlay zone to a Community Fa-
Cility Planned Use Development (CFPUD) 'zoning
district for a prolect to be known as Avow Hospice
CfPUD. The 15.25 +/- acres subject property is for
the expansion of the exlstlnll Hospice use. The sub,
ject property 15 south of Pme Ridge Road a~ 1095
Whippoorwil Lane, in Section 18, Township 49
South and Range 26 East, Collier County. Florida.
f~f~Fer~f t~hih~r~g~~3da~r~~:~~~Ir:;~eo ro:':~s~~~~
tion. All interested parties are invited to attend
and be heard.
NOTE: All persons WiShing to speak on an~ agenda
Item must register with the county administrator
prior to presentation of the agenda Item to be ad-
dressed. 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 groull or or~anizatlon may be
allotted 10 mi nutes to speak on an ,tem. .
Persons wl~hing to have written or graphiC materi-
als Inciuded in the Board agenda packets must
submit said material a minimum of 3 weeks prior to
~~:t~~I~;ci~~:n~~~lifo hb~rl~~nsi~er~ ~:St~eW~~~~~
shall be submitted to the appropriate County staff
a minimum of ~wen days prior to t.he publiC hear.
ing. All material used In presentations before the
80ard will become a permanent part of the record.
:~~r~e~~ln ~~~ ':.ec;~~~rao gf~~;1 ~r~~~~~~fp~r~
talning thereto and therefore, may need to ensure
that a verbatim record of the proceedings Is made,
which record Includes the testimony and evidence
upon which the appeal is based.
If you are a person with a disability who needs any
accommodation in order to participate In thi! pro-
ceeding, you are entitled, at no cost to you, to the
proviSion of certain assistance. Please contact the
Collier County FaclJitles Management Department.
located at 3301 Tamiami Trail East, Building W.
Naples, Florida 34112, (239)252-8380. Assisted lis,
tenlnll devices for the hearing Imllaired are avail-
able in the County Commissioners' Office.
BOARO Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA fiALA, CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Martha Vergara. Deputy Clerk
(SEAL)
./:"!,)f'7
_ _ _ _ _ _~~l~~AA
Signature of Affiant
Sworn to and Subscribed before me this II day of ~1~~ ~
Personally known by me ,S'Yt,:)"(J<,,t'!.
200
.............................................
SUSAN D. FLORA 5
,>>'"\111~",, Comm# 000847863 ~
"~~ .
(*~fj)" Expl",* 1/212013 ~
'~OJ 'l<!fI(Ill /'lltUry ,..."., Inc :
}In ~.. ,. ..............".."'....1111..............:
AD SPACE: 194 LINE
:::~::::~ -~: - ~:: :~:: ~ = Jkc;n- fiJ-7Z~- - +-
/ '
Sworn to and Subscribed before me thiS.'"\ 1/ day of Lf....1/k 1)
Personally known by me ,~~~
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+-
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59578347
P.O. # 4500096189
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance 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: 06/07 06/07
1;,7 J\
_ _ _ _ _ __ ~2.'~t'AR
200
............. ................ .................
: SUSAN O. FLORA :
S >>","11'",,, Comm# 000847863 S
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: i~ tp." c......aro. 1/2/2013 :
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: ~CJ 1'11100" HIllAry AllIn.. Inc :
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
Pri",OOP;okP_~~~~~c.?,.~~:~~~~~~~~~!~~~~~~.~:: oodorl,A 4~.
documents are to be forwarded to the Board Office only I!lu the Board has taken action on the item.) '":If
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exception of the Chainnan's signature, draw a line throuid! routing lines #1 throuldt #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 ~ tgJ:N 16 ,
2. V\J
3.
4.
5. Sue Filson, Executive Manager Board of County 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. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the
item.)
Name of Primary Staff Melissa Zone, Principal Planner Phone Number 252-2958
Contact
Agenda Date Item was June 23, 2009 Agenda Item Number 17A
Approved by the BCC
Type of Document Ordinance & exhibits 'lDOq ~ 01 Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
1. Original document has been signed/initialed for legal sufficiency, (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, 0i
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC .
Chairman and Clerk to the Board and ossibl State Officials.
2, All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC 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!
6. The document was approved by the BCC on - z., -0 (enter date) 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 licable.
N/A (Not
A lieable)
I: Fonns! County Fonns! Bec Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
July 7, 2009
To:
Melissa Zone, Principal Planner
Zoning and Land Development
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2009-37
Attached for your records is a copy of the document referenced above and
adopted (Item #17A) by the Board of County Commissioners on Tuesday,
June 23,2009.
The original document will be held in the Minutes and Records Department
with the records of the Board of County Commissioners.
Ifyoll have any questions, please contact me at 252-8411.
Thank VOtI.
Att'l("1ment (1)
17A
MEMORANDUM
Date:
July 7, 2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinances: 2009-37 and 2009-38
Attached, for your records you will find one (1) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, June 23, 2009.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachments
.. .. ,-_...-. T
17A
1 7 A ,"~
ORDINANCE NO. 09-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSNE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM A
COMMUNITY FACILITY ZONING DISTRICT AND
AGRICULTURAL ZONING DISTRICT WITH A STIW-4
WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT
OVERLAY ZONE W-4 TO A COMMUNITY FACILITY
PLANNED USE DEVELOPMENT (CFPUD) ZONING
DISTRICT WITH A STIW-4 WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE
W-4 FOR THE PROJECT KNOWN AS A VOW HOSPICE
CFPUD, LOCATED AT 1095 WHIPPOORWILL LANE, IN
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 15.25+/-
ACRES; AND BY PROVIDING AN EFFECTNE DATE.
WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing Avow
Hospice, Inc., petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from a Community
Facility (CF) Zoning District and Agricultural (A) Zoning District with a ST/W-4 Wellfield Risk
Management Special Treatment Overlay Zone W-4 to a Community Facility Planned Use
Development (CFPUD) Zoning District with a STIW-4 Wellfield Risk Management Special
Treatment Overlay Zone W-4 for a 15,25+/- acre project known as Avow Hospice CFPUD, in
accordance with Exhibits A through E attached hereto and incorporated herein. The appropriate
REV. 5/28/09
I
17A
zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ::;:1'; day of SU"-L. , 2009.
A TTE.~T;r <41.
D~!$li'E~.~~~K, Clerk
~:'~k
At tlst. .~ toIC".... t'r1N.., peputy Clerk
,1gn'~.,... ()f.., ~
"'.'. ;"
BOARD OF COUNTY COMMISSIONERS
COLLIEl}fOUNTY, FLORIDA
I,' I I
By: .~"jLYn~:, ~~
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
~ kucJ
EIDI ASHTON-CICKO
Assistant County Attorney
Land Use Section Chief
('\oz,'l \0"
':> '...e....
yllI"
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Developer Commitments
09-CPS-00944/22
REV. 5/28/09
2
17A
AVOW HOSPICE
A
COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Avow Hospice, Inc
1095 Whippoorwill Lane
Naples, FL 34105-3847
PREPARED BY:
Tim Hancock, AICP
Davidson Engineering, Inc,
3530 Kraft Rd Suite 301
Naples FL 34105
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
17A
EXHIBIT A
PERMITTED USES:
No building or structure, or part thereof, shall be erected, aftered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses: Community Facility
1 . Assisted Living Facility including Group Care Facilities, Family
Care Facilities, and Continuing Care Retirement
Communities (Group 8059)
2. Churches and Places of Worship (Group 8661)
3. Civic and Fraternal Organizations (Group 8641)
4. Educational Services (Group 8299)
5. Educational Services (Group 8211-8231)
6. Essential Services
7. Museums and Art Galleries (Group 8412)
8. Nursing Home [Groups 8051 except mental retardation
hospitals, 8052, 8249 except construction equipment
operation schools and truck driving schools)
9. Parks, public or private including Play areas and Playgrounds
10. Parochial Schools public or private (Group 8211)
Any other principal use which is comparable in nature with
the foregoing list of permitted principal uses, as determined
by the Board of Zoning Appeals ("BZA") by the process
outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the
permitted principal uses and structures.
17A
EXHIBIT B
DEVELOPMENT 5T ANDARD5
Table I below sets forth the development standards for land uses within the
proposed Community Facilities PUD (CFPUD). Standards not specifically set forth
within this application shall be those specified in applicable sections of the LDC
in effect as of the date of approval of the SDP or Subdivision plat.
Table!
COMMUNITY FACILITY PUD STANDARDS
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 10,000 Square Feet N/A
MINIMUM LOT WIDTH 80 Feet N/A
MINIMUM FLOOR AREA 1 ,000 Square Feet N/A
FRONT YARD SETBACK 25 Feet 10 Feet
SIDE YARD SETBACK 15 Feet 10 Feet
REAR YARD SETBACK 15 Feet 10 Feet
WATERFRONT SETBACK o Feet or 20 Feet o Feet or 20 Feet
PRESERVE SETBACK 25 Feet 10 Feet
MIN. DISTANCE BETWEEN 25 Feet 10 Feet
STRUCTURES
MAXIMUM HEIGHT Zoned: 35 Feet Zoned: 35 Feet
Actual: 47 Feet Actual: 47 Feet
Development of The Avow Hospice CFPUD shall be in accordance with the
contents of this Ordinance and applicable sections of the LDC and GMP in
effect at the time of issuance of any development plan, excavation permit and
preliminary work authorization, to which such regulations relate. Where these
regulations fail to provide development standards, then the provisions of the
most similar district in the LDC shall apply.
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EXHIBIT D
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 49
SOUTH, RANGER 26 EAST, COLLIER COUNTY, FLORIDA MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER OF SAID SECTION 18 RUN S 00025'40" E ALONG
THE WEST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1260.53 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF THE SOUTH 60 FEET OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 18; THENCE S 89"34' 19" W ALONG SAID LINE 30.00
FEET TO THE POINT OF BEGINNING; THENCE S 89034' 19" W 25 FEET; THENCE S 00025' 40" E
15.00 FEET; THENCE N 89034'19" E 25.00; THENCE N 00025'40" W 15.00 FEET TO THE POINT OF
BEGINNING.
AND
PARCEL 13.2: SOUTH 'h OF THE NORTH 'h OF THE NORTH '12 OF THE SOUTHEAST '/. OF THE
NORTHWEST I/. OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; CONTAINING 4,952 SQUARE FEET, MORE OR lESS.
AND
PARCEL 13.1: NORTH 'h OF THE NORTH 'h OF THE NORTH 'h OF THE SOUTHEAST I/. OF THE
NORTHWEST I/. OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
AND
THE SOUTH 60 FEET OF THE EAST '12 OF THE NE I/. OF THE NW '!.. SECTION 18, TOWNSHIP 49
SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
SUBJECT EASEMENT. RESTRICTION AND RESERVATIONS OF RECORD.
AND
PARCEL 13.3: THE NORTH '12 OF THE SOUTH '12 OF THE NORTH 'h OF THE SOUTHEAST '.t. OF THE
NORTHWEST I/. OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA. lESS THE EAST 10.00 FEET FOR ROAD RIGHT-OF-WAY.
k_.._... 41'_-
17A
EXHIBIT E
DEVELOPER COMMITMENTS
1. PURPOSE
The purpose of this Section is to set forth the development commitments
for the development of the project.
2. ENVIRONMENTAL
A. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site/construction plan approval. The
Preserve Management Plan shall identify methods to address treatment of
exotic species, fire management. and maintenance.
B. The minimum Native Preservation requirement will be a minimum of .30
acres (0.88 acres of native vegetation x 15%= 0.30 acres).
3. TRANSPORTATION
At the time of site development plan {SOP}, the petitioner agrees to
contribute a proportionate fair share cost for the planned improvements
at Pine Ridge/Whippoorwill intersection, as well as the Whippoorwill
improvements. The proportionate share will be based on the highest peak
operational impacts produced by this site, which are present during the
AM Peak hour. The proportionate share will be calculated during the
Development Order application process.
17A
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 2009-37
Which was adopted by the Board of County Commissioners
on the 23rd day of June, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of June, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to BC?M~l:~~.
County Commis~~'ij~ner's,,'e~:.
~.~~~~
By: Teresa Pola~~i.;...;::,~~:,'
Deputy clei~j~J.~j