Loading...
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 17A 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 . ~N~~ % . : i~ tp." c......aro. 1/2/2013 : . s ~ . . ~ . : ~CJ 1'11100" HIllAry AllIn.. Inc : ;..... .l:,~~ ~ I Ii I: i 11111. ill. i.. II III M II ~ ......e..... Ii 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. ~-~_.~?~~~!~~.~-~~~~~-~~~~1 Ii ~ : H - . r I~ ~I ~ i. Ii Ii ., .' I i ~ .' . :1 [ I! 5 . , fll! n ~i f\ .' r, () ..... en :r: >< w . . L ., I : .' il~-;-l- :1 :1 II :1 iI :1 :1 :1 :1 :1 :1 :1 :1 :1 'I \Ii.:,:," III: i Ili:~ IliA~< IICW Jli:.< I~<: : ti ~~ ~; 0:0 wO 00 0", ffiB zw g,~ oj "w ~~ '.1~ zw 0"' ..." >- z w~ 0::0- ~g "'w u'iij Q ~ ~ Cl z ;:: '" X w I I '\ I I I I 1 I I I 1 1 1 I I 1 1 1 1 I I I 1 I I I 1 \ 1 I I I I 1 1 I I I I I I I I I I I 1 1 ~ I t . H (I I~ ~! 0 I II~ ;1 II ~ !! i; II oi !' i~ n. i~ 1'1 :ala. I:t fh Iqll ~. e! =i or;![ . . t. <l !. iii ;.~ o <S .'!Ji ~l~; I Q.t.O~ ;iT'" ~w~ . ~ If . '. .. .......-..-.. ...-..........~ ZONING P\JD IBRY~WOOO PRESERVE) Ii !3 ~~ ..:0 O::E wO 00 ~~ zw ~~ g~ ~; zw 2"1 .~: .. . . :Z 0 ~ . >- w . CI w > en '" ~ w. 0 is ~ a:: 0 ... z :s ... CI z i= >O~ z .c ..J ~~ 0- ..J ~" .c Wi!' >- ~'" Z III !!2l :II ~~ III ~~ ..J 0- 0- o~ :::J z"' en ZW >OIl 0", ..." . ~ ~i ~ ,e~ ~:~~ ~e rJ ~~ii} ~;~;~ i~ ~~ I ~;i': ~:E~~ i ~i.~~ I ~~hj~ ~~~s~ ~~ U~~ ~~;~~ ~~ ~1Il ~ h~~s 8~~Jh ~ ! ! I 0 8 . . ~ m~ E Ue ~ ~a~ ~ I ~~ i ~p J :~ ~ ~~ i h~ ~ i ~~ _ ~ ~.. i 0 i!~ i;l~ i I~~~ ~~~~ ~~O~ ~!"I d~~ " :os ~ !;( ~ ~" ~ IS ~ "I P ~ ~ i~ ~ ~ ~ ~ ~ !~~ ~ ~~ ~H i ~ ~ dr 2~ ~ ~ Ill. t' ~~ III ~i iij!;le~~:; i ~;ih~~~~l~ II ~tl~~:!:;e.~~ jj:os hill ~~~ U f; J~ ~ ~~~ 'l!1:i t;~ ~i! a" ~lr U 0 ~;~ ~<D i~ o~~ ~:~ i~ ~" ~:~~ ~8~ a~ d ~~d ;:j~ ~ ~~ ~~ f~S8 I~~~~~ h ~lg~ ~~!~~I ~~ ~~~~ i~!~~1 ~i ;I:~t' j~i~l.t ~I U~~i .. ~.~~..e i~ ~G~5- ~ U~g~i f ~ ~~~;i ~ i~hil~"'~~ ~~lJ~~ ~ ph~lo r~~ ~ i II~ ffi :IU:dn~~i~!; ~ _ M... .; i5~~~;;~ :!;..--. . " ld~~U~ ~!:~:;::;~ ~~9jl~ >- llI: .c :II ~ ~ ~ ~ en l1J" ~ ::; III ~ ~ i/ ~ ;:)w !~~gi c :J ~ I!! *' ~ iiI S j jif3~ ~ (>OIl -.....--.._____,.__r tu ~ ~r-o..- '" 7A ~ ~ ~ z . !i i i!; j . Q. 3 ~~:~2 ....,~'" ~ ~ ~ ~.~ ~ u ~ ffi ... ... ~ ~ ~i .. . ;Ii u Z:g -~ ~~ <:).c Z9 i~: lUuii 1U~;t Z.... _::i~ e~N Z:s:X w.c lU>-lL" - .. ::>0. z~~g O~:zg rn~~g Q~ie -~!:!.?r >~!li:: CCOO::r Q~XO ......u WZC 0; Vl~ . e~ ~~ O~ ~ m ~ 2; i i!' <_e o ~ u~ 21::5 W'" '" ..~~ ~ !to- 0 0 ~~It :/ o~t E gg .c- l?A 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