Backup Documents 05/26/2009 Item #17B
17 B ?
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 Dept/ Div: CDESJZonine
Date:
Petition No. (If none, give brief description): PUDA-2008-
aples Botanical Gardens PUD
Petitioner: (Name & Address): Ms. Margaret Perry, AI' , 11sonmiller, Inc., 3200 Bailey Lane, Suite 200, Naples, FL 34105; R.
Bruce Anderson, Roetzel & Andress, 8S0 Park Shore Dr., 3rd floor, Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) The Botanical
Gardens, Inc., 4820 Bayshore Dr., Ste D, Naples, FL 34 I] 2; Florida Gulf Coast University Foundation, Inc., 1050 I FGCU Blvd., S.,
Ft. Myers, FL 33965
Hearing before BCC
BZA
Other
Requested Hearing date:
Mav 26, 2009
Based on advertisement appearing 15 davs 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 PUDA-2008-AR-13792, Naples Botanical Garden,
Inc. and the Florida Gulf Coast University Foundation, Ine" represented by R. Bruce Anderson of Roetzel and Andress LPA; and
Margaret Perry, AICP, of Wilson Miller, Inc., are requesting an Amendment to Ordinance Number 03-29, The Naples Botanical
Garden Planned Unit Development (PUD), by amending Section 4.14, Design Guidelines; Section 6.2, Development Parameters;
Section 6.4, Pennitted Uses and Structures to allow interim or temporary structures; Section 6.5 Development Standards so the interim
or temporary structures have a greater setback distance than the principal structures; revisions to Section 7.2, Transportation
Commitments of the PUD Document; and adding Section 7.6 to provide Deviations from the Land Development Code (LDC). The
subject property (171.2:>: acres) is located at 4820 Bayshore Drive at the southwest corner of the intersection of BayshoTe Drive
and Thomasson Drive, in Section 23, Township 50 South, Range 25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes
PO Number: 45000096189 for Account: 068779
No If Yes. what account should be charged for advertising costs:
SIvU:
4 /2.// ocr
Datcl
List Attachments:
DISTRIBUTION INSTRUCTION~
A, For hearings before Bec 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.
*.*.*....*....*.***...****************.*****************..**.***....***...**............***..........
FOR CLERK'S OFFICE USE ONLY: I roll J ,
D"" R=ivod, ~u/ dl U"" of Publi, bwi"", ~ 2&11/ Dote Ad""""" ~9
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178
ORDINANCE NO. 09 .
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA,
AMENDING ORDINANCE NO, 03-29, THE NAPLES
BOTANICAL GARDEN PLANNED UNIT DEVELOPMENT
(PUD), BY AMENDING SECTION 4,14, DESIGN GUIDELINES;
SECTION 6,2, DEVELOPMENT PARAMETERS; SECTION 6.4,
PERMITTED USES AND STRUCTURES; SECTION 6.5
DEVELOPMENT STANDARDS; AND SECTION 7.2,
TRANSPORTATION OF THE PUD DOCUMENT FOR THE
NAPLES BOTANICAL GARDEN; BY ADDING SECTION 7.6
TO PROVIDE FOR DEVIATIONS FROM THE LAND
DEVELOPMENT CODE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 24, 2003, the Board of County Commissioners approved Ordinance
No. 03-29, which established the Naples Botanical Garden Planned Unit Development (PUD);
and
WHEREAS, said Ordinance Number 03-29 was previously amended by Ordinance
Number 04-38 and approved by the Collier County Board of County Commissioners on June 22,
2004 to correct a scrivener's error,
WHEREAS, R. BRUCE ANDERSON, representing Naples Botanical Garden, Inc.,
petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance
03-29, as amended, the Naples Botanical Garden Planned Unit Development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Section 4.14, Design Guidelines, of the PUD Document for the Naples
Botanical Garden is amended as follows:
4,14 Design Guidelines
Words struck thr-01:lgh are deleted; words underlined are added.
Page 1
178
A. Development of structures within the Naples Botanical Garden PUD, due to their unique
characteristics in a natural setting, shall comply with the Purpose and Intent Section of
Division 2.8 Section 5.05.08, Architectural and Site Design Standards of the LDC..M
amended, only. Structures within the Naples Botanical Garden PUD will not be
consistent with the actual architectural guidelines of Divisi6R 2.8 Section 5.05.08 as
amended. The applicant will follow the alternative compliance process for review of
architectural and design standards as outlined in Section S.05.08.F. of the LDC as
amended, to allow for innovative design of structures within Naples Botanical Garden,
except that maintenance, interim or temporary structures do not reauire architectural and
design standard review. The applicant shall comply with Section 4.06,05 FOlmdations
Plantings of the LDC for interim or temporary structures as well as the maintenance
structures. HOVl6yer, the fellovling requirements shall apply:
1. Swetl:H:l!IS shall eemply with Seetlatl 2.8.2.5, Non Commereiel Deyelepmeat ef
the LDC,
2, Struotures sRiWl eemply with SeetioR 2.8.5, EX:0t'lptiOO6 Bft8 IRtefln:etMiens efthe
tDe where aeeessary t6 alIew fer inao.l&tj';e desigB sf st:ru.etufes within Naples
BeQlRiaal GardeR.
B. Decorative walls and/or fencing shall be provided in accordance with the standards of
Section 2,6.11.1,2 5.03.02,E,2 of the LDC. At a minimum, the two out-parcels depicted
on the PUD Master Plan and the overflow parking and/or potential future expansion area
on the east side of Bayshore Drive shall meet the requirements of Section 2.6.11.4.2
5,03.02.E.2 of the LDC for a decorative wall.
SECTION TWO: Section 6,2, Development Parameters, of the PUD Document for the Naples
Botanical Garden is amended as follows:
6.2 Development Parameters
The PUD Master Plan, Exhibit "A", depicts the proposed use areas, The maximum development
intensity is based on a floor area ration (F.A.R.) of ,05 which translates to a maximum square
footage of 372,438 square feet. Institutional, recreational, administrative, research and
educational facilities, accessory retail and housing uses including other support facilities are
included uses within the 372,438 square feet. Within the allotted development intensity there will
be a 200 seat cafe within a 5,000 square foot structure and indoor and outdoor seating areas. An
accessory retail use area of up to 5,000 square feet shall also be permitted within the entrance
building, Donnitory housing for the research center also is included within the total maximum
permitted floor area, Interim or temporary structures may be used to provide the facilities
described in Section 6.4. A temporary use oennit is not required, and the interim or temoorary
structures shall be approved through the site development plan process,
SECTION THREE: Section 6.4, Permitted Uses and Structures, of the PUD Document for the
Naples Botanical Garden is amended as follows:
6.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or
in part, for other than the following:
Words struek through are deleted; words underlined are added.
Page 2
178
A. Principal Uses:
1. Arboretta and botanical garden (group 8422)
2. Amusement and recreational services (natural wonders and tourist attraction: commercial
only) and exhibition operation (group 7999)
3. Non..commercial research organizations (group 8733)
4. Commercial, physical and biological research (group 8731)
5. Commercial, economic, sociological, educational research (group 8732)
6. Auditoriums
7. futerim or temporary structures to provide the princival and accessory uses. The interim
or temporary structures shall be allowed for an initial period of three (3) years. If needed.
requests for extensions for uses of tile interim or temporary structures beyond three (3)
years may be approved administratively for two (2) three (3) year extensions utilizine: the
insubstantial chane:e to the approved SDP process. Reauests for additional extensions
may be approved by the Board of County Commissioners through the public oetition
process. Certificates of occupancy for a permanent structure will not be issued Ulltil the
interim or temporary structure housiml a varticular use is removed from the site,
SECTION FOUR: Section 6.5, Development Standards, of the PUD Document for the Naples
Botanical Garden is amended as follows:
B. Minimum Setbacks
A minimum setback of fifty (50) feet shall be maintained on all sides of the property for
principal structures, However, the existing administration building located at the
intersection of Bayshore Drive and Thomasson Drive shall be permitted a minimwn
setback of fifteen (15) feet from Bayshore Drive after the optional conveyance of right-
of-way for the widening of Bay shore Drive. The interim or temoorary structures shall be
set back a minimum of three hundred (300) feet from the property line along Bayshore
Drive. five hundred (500) feet from the proPerty line along Hamilton Avenue and the
southern property boundary and one hWldred fifty (50) feet from the proDertv line along.
Thomasson Drive. Maintenance structures along Bayshore Drive shall be permitted a
minimum setback ofthirty (30) feet, Accessory structures shall be set back twenty (20)
feet from property lines where landscaping buffers are required.
SECTION FNE: Section 7.2, Transportation, of the PUD Document for the Naples Botanical
Garden is amended as follows:
H. The developer shall provide 5-foot wide sidewalks inclusive of bike lanes along the
length of its property limits on hm Stret!t, Thomasson Drive and along Bayshore Drive
from Thomasson Drive to the out parcel located on the west side ofBavshore Drive
opposite Republic Drive consistent with LDC provisions and the following:
I. All sidewalk and bike lane design criteria used shall be in accordance with the
Minimum Standards, as adopted by the Florida Department ofFDOT - Design
Standards, as amended, as required by Florida Statutes - Chapter 316, Uniform
Traffic Control Law.
Words strack through are deleted; words underlined are added,
Page 3
178
'."
2. The developer shall provide a 5-foot wide sidewalk along the length of its property
limits on Fern Street, Thomasson Drive and on Bayshore Drive from Thomasson
Drive to the out parcel located on the west side of Bayshore Drive a point opposite the
overflovl parking lot. Pursuant to the provisions of the Land Development Code. the
develol,?er shall provide a payment 0[$78.125.00 (based upon FDOT standards) in
lieu of constructimr a sidewalk along the east side of Hamilton Avenue and a sidewalk
along the west side of Bayshore Drive from the out parcel opposite Republic Drive to
the preserve area. This payment in lieu will be used for sidewalk improvements along
Bavshore Drive as part of the Bavshore Drive South improvement proiect. Five-foot
wide sidewalks shall be constructed in accordance with County Standards. No
sidewalk nor sidewalk mitigation shall be required where: Bayshore Drive abuts a
preserve area.
3. Phase I will iRelude B side"'lBlk BleRg the west Bide efBayshefe 'Dfi"'.'(I! hat RaYBhefe
Drive and Thomasson Drive k) the flrojeet's me:iB effifeftee. Another siEle'.veAk will be
provided along the south side (';If Thomassen Drive frem the interGeetien of
ThORlaOOOR Drive and Bayshare Dri~'e to the &xisting entrlltlee into the parking lot.
AH ether sidev.<a1ks shall be pro-.'ided in two (2) year meremeats WI eaeb phase is
completed and net t8 eKeeea a teml period of six (6) years.
I. The developer. his successors. or assisms shall provide a fair share contribution toward
the capital cost ofa traffic signal and turn lanes (or alternative intersection roundabout
desism) at the intersection of Bavshore Drive and Thomasson Drive at such time that the
improvements are constructed. Payment shall be provided to the applicable Public
agencv(ies) responsible for designing and constructin~ the improvements. ifju&tified hy
apprapriate traffie ".'&ITwH:s,
], The developer(s) shall provide a seoarate right turn lane on Bavshore Drive for the
southbound to westbound traffic movement into the Main EntrancelVisitor Parking Area.
iHla all 9ite related 1flHlap6ftatlea improvemefit(s) i:fteffilling, but not limited 00, &By and
all Reeessary tW'n lBfle(s) imprevemem(s) at the deyelopment entranee(s) prior te the
issUBflee sf the fH'st perme.Reftt CO. Said improvements are considered site related, and
therefore, do not qualify for impact fee credits. Wben said turn lane improvement(s),
whether left turn lane(s) and/or right turn lane(s), are determined to be necessary. right-
of-way and/or compensating right-of-way, shall be provided in conjunction with said
improvement(s), as determined by the Collier County Transportation Staff. The sOOje()t
develef3ffieat t~ lwe ilBpfovemeAts shaJl be as follews:
1. Oa the west appreaek ef Themassaft on'/e, the sepafiite left turn hme for the
eaGtheana ta n0J1h.baund tmffia m9Y8meftt aRt-e Bay&hore Drive shall be ImgtfleRea
as rel1Hiree. t9 facilitate left tl:l{'flfi at this interseetiOR fer ..ebides eKiting ento
Themasson Drive,
2. 08 the south approach of Bay shore Drive, en additiooal lane [-or northbeU8:G tmffie
shall be provided to facilitate throogh, left turn and right turn mO".'e1'fteBt9 at
Thomasson Drive, This Ildditioaal hme shall extend south frElm TlulmBS9Elfl Dri.'tl to
the Main Entranee/Visiter Parking Area (approximately 960 feet).
3. On the north Bpproaeh ofBaYBhere Dri'le, a sefJa.rate right turn lane for the
seuthbeood to weGt.aeund Wliffie mevement into the Mail'} ootraooeNisitar Parkmg
AFea shall ee pr-avided.
Words struck through are deleted; words \!Ilderlined are added,
Page 4
178
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4, Oft the seuth &pJ3raaeh afBIlYSRefe Driv-a, Il s0J3erate left turn laRe fer the AortheeWlQ
t9 '.vestbollnd waffle ftlEWemeflt iRk'} the Mwn EntraneeNisiter Per-kiag Area shall b0
pr8'Yieee. if saia imJ3fewemeftt is aetetmiaed necessary after the e'lertlew parlEiBg
faeility eft the east side of BaysBere Drive is impra';edlepened,
IrK. All turn lane design criteria shall be in accordance with the minimum standards as
adopted by the Florida Department of Transportation (FOOT) - Design Standards, as
amended, as required by Florida Statues ~ Chapter 316, Uniform Traffic Control Law,
The turn lane queue length determinations shall be in accordance with the
criteria/calculations within the Highway Capacity Manual- Chapter 17.
M-L. All work within the Collier County right-of-way shall meet the requirements of Collier
County Right-of-Way Ordinance.
N-M, If a gate is proposed at any and/or all development entrance(s), the gate shall be designed
so as not to cause vehicles to be backed up onto any and all adjacent roadways, Gates
shall be recessed a minimum of 50 feet from the edge of the public roadway for the
main/visitor's entrance; the research/education entrance and overflow parking entrances
and/or potential future expansion area. Gates at other locations shall be a minimum of 25
feet from the edge of the roadway,
SECTION SIX: The PUD Document for the Naples Botanical Garden is amended to include new
Section 7.6, Deviations from the LDC, as follows:
7.6 Deviations from the LDC
1. Deviation from LDC Section 5.03.02.A.1.a,i. Chain link fence shall be t>ermitted to
be constructed at the preserve boundary on the southern property line and chain link
fence shall be permitted and set back a minimum often (10) feet from the public
rig;ht-of-way. except when located adjacent to a preserve where the setback shall be a
minimum of five (5) feet.
2. Deviation from LDC Section 5.03.02.A.l,a.ii.(a). Black chain link fence shall be
permitted at a height of five (5) feet. If the applicant opts to use the black chain link
fence it may be used along the southern property line. Thomasson Drive and Hamilton
Avenue. and the portion ofBavshore Drive where the preserves are located,
3, Deviation from LDC Section 5,05.08, Maintenance. interim or temporary structures
do not reouire architectural and design standard review.
SECTION SEVEN: The PUD Master Plan for the Naples Botanical Garden PUD is as indicated
on Exhibit "A," attached hereto.
SECTION EIGHT: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State that this
Ordinance has been filed with the Secretary of State,
Words struck through are deleted; words underlined are added.tPage 5
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178 '1
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2009.
AITEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
. Deputy Clerk
Approved as to Form and
legal Sufficiency
STEVEN T, WILLIAMS i'f...,)
Assistant County Attorney .,. 7'()~
Attachment: Exhibit A - PUD Master Plan
Words struck throagfl are deleted; words underlined are added.
Page 6
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Acct. #068779
April 27, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
RE: PUDA-2008-AR-13792, Naples Botanical Gardens PUD
Dear Legals:
Please advertise the above referenced petition on Sunday, May 10,2008, 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
178
.
.
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 26, 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. 03-29, THE NAPLES
BOTANICAL GARDEN PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING
SECTION 4.14, DESIGN GUIDELINES; SECTION 6.2, DEVELOPMENT
PARAMETERS; SECTION 6.4 PERMITTED USES AND STRUCTURES; SECTION
6.5, DEVELOPMENT STANDARDS; AND SECTION 7.2, TRANSPORTATION OF
THE PUD DOCUMENT FOR THE NAPLES BOTANICAL GARDEN; BY ADDING
SECTION 7.6 TO PROVIDE FOR DEVIATIONS FROM THE LAND DEVELOPMENT
CODE AND PROVIDING AN EFFECTIVE DATE.
PETITION: PUDA-2008-AR-13792, Naples Botanical Garden, Inc. and the
Florida Gulf Coast University Foundation, Inc., represented by R.
Bruce Anderson of Roetzel and Andress LPAj and Margaret Perry, AICP of
Wilson Miller, Inc., are requesting an Amendment to Ordinance Number
03-29. The Naples Botanical Garden Planned Unit Development (PUD,by
amending Section 4.14, Design Guidelinesj Section 6.2, Development
Parametersj Section 6,4, Permitted Uses and Structures to allow
interim or temporary structuresj Section 6.5 Development Standards so
the interim or temporary structures have a greater setback distance
than the principal structuresj revisions to Section 7.2,
Transportation Commitments of the PUD Documentj and adding Section 7,6
to provide Deviations from the Land Development Code (LDC). The
subject property (171.2 +/- acres) is located at 4820 Bayshore Drive
at the southwest corner of the intersection of Bayshore Drive and
Thomasson Drive, in Section 23, Township 50 South, Range 25 East,
Collier County, Florida.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and is 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 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.
178
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 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 Vergaral Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
('ie~~t}E:9'reQllier
CLERK OF filE jt~RC\JIT COURT
COLLIER COUNTY ,tOUR~}lOUSE
3301 TAMIAMI tlMIL EAST
P.O. BOX 413044
NAPLES, FLORIDA\~41 0 1-3Q44
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178
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
:;t.J
April 27, 2009
Wilson Miller, Inc.
Margaret Perry, AICP
3200 Bailey Lane
Suite 200
Naples, FL 34105
RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 26, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 10, 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: colliercJerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
';3~n.-~~~Y~~Ofeqllier
CLERK OF THE l3lRCtJIT COURT
COLLIER COUNTY,COURTHOUSE
3301 TAMIAMI 1"BAIL EAST
P.O, BOX 4b044 \
NAPLES, FLORIDA"t41 0 1-3044
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178
l
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
,:.,;:: ,./
April 27, 2009
The Botanical Gardens, Inc.
4820 Bayshore Drive
Suite D
Naples, FL 34112
RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 26, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 10,2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
/1ii1L
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
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":et}w.nty~pf'eq IIi er
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CLERK OF THE (SIRCDIT COURT
COLLIER COUNTY 1::OUR1HOUSE
3301 TAMIAMI ~IL EAsT
p.o. BOX 4~3044 \
NAPLES, FLORIDA~1101-3Q44
178
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
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April 27, 2009
Florida Gulf Coast University Foundation, Inc.
10501 FGCU Blvd. South
Ft. Myers, FL 33965
RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 26, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 10, 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
r""-""_. ~"..~.,
~;erlwnf}L:~6feQ llier
~y^,l'? \.,
CLERK OF THE t~Rc0IT COURT
COLLIER COUNTY 'cOURTHOUSE
3301 TAMIAMI o/IL K\ST
P.O. BOX 41.3044 \
NAPLES, FLORIDA:]4101-3044
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17B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 27, 2009
Roetzel & Andress
R. Bruce Anderson
850 Park Shore Drive
3 rd Floor
Naples, FL 34103
RE: PUDA-2008-AR-13792: Naples Botanical Gardens PUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, May 26, 2009 as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, May 10,2009.
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
178
Martha S. Vergara
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, April 28, 20094:53 PM
Martha S. Vergara
Delivery Status Notification (Relay)
Attachments:
ATT440530.txt; PUDA-200B-AR-13792 - Naples Botanical Gardens PUD
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ATT440530.txt PUDA-2008-AR-137
(231 B) 92 - Naples Bo...
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
Page 1 of 1
178 J
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, April 28, 2009 4:53 PM
To: 'Iegals@naplesnews.com'
Subject: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD
Attachments: PUDA-2008-AR-13792.doc; PUDA-2008-AR-13792.dot
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
(mC3r1:hc:l_,YeIQC3J:c:l@!;:_QJ1ieJ:derk,!;:Qm)
4/28/2009
Page 1 of 1
17 B .,
(
f
Martha S. Vergara
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Wednesday, April 29, 2009 8:21 AM
To: Martha S. Vergara
Subject: RE: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD
ok
From: Martha S. Vergara [mailto:Martha.Vergara@colliercierk.com]
Posted At: Tuesday, April 28, 20094:53 PM
Posted To: Legals - NDN
Conversation: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD
Subject: PUDA-2008-AR-13792 - Naples Botanical Gardens PUD
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
(martJla--, vesgara@colliercierk.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.
4/29/2009
Naples Daily News
Naples, FL 34102
Affidavlt of Publication
Naples Daily News
- - - - - - ~ - - - - ~- - - - - - - - - - - ~ ~ - - - ~ - - - - - - - - - ~ - - - ~ - - - - ~ - + - -
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59574428
4500096189
2008-AR-13792NOTICE
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Chris Doyle, who on oath says that he
serves as the President and Publisher 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: 05/10 05/10
AD SPACE:
FILED ON:
196 LINE
05/11/09
17B
Signature of Affiant
- -;:-: t~ ~ ~ -;/;:]2- -
- - - - + ~ - - ~ - ~ - - - - - - - - - - - - ~ - - - - -
Sworn to and Subscribed before me this l~\
day of
Personally known by me
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 B t~~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only I!k!: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature draw a line throu routin lines #1 throu #4, corn lete the checklist, and forward to Sue Filson line #5 .
Office Initials Date
2, gTt.n/c M /I(CJ..,~
3.
(2AO
1, Judy Puig
CDES Administration
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 BCC approval. Normally the primary contact is the person ';ho created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact'staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Melissa Zone
Contact
Agenda Date Item was 5-26-2009
A roved b the BCC
Type of Document
Attached
Phone Number
252-2958
Agenda Item Number
17B
Ordinance & exhibits
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate,
I, 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
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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 Chainnan and the Clerk to the Board
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document or the final ne otiated contract da,te whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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5, In most cases (some contracts are an exception), the original document and this routin
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. Tbe document was approved by tbe BCC on ~.~ U ~{')9 (enter date) and all cbang
made during the meeting bave been incorporated in the attached document. The
Coun Attorne's Office bas reviewed the cban es, ita licable.
Yes
(Initial
v:(J
)
I: Forms/ County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
17B .f
ORDINANCE NO. 09 - 26
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 03-29, THE NAPLES
BOT ANICAL GARDEN PLANNED UNIT DEVELOPMENT
(PUD), BY AMENDING SECTION 4,14, DESIGN GUIDELINES;
SECTION 6.2, DEVELOPMENT PARAMETERS; SECTION 6.4,
PERMITTED USES AND STRUCTURES; SECTION 6.5
DEVELOPMENT STANDARDS; AND SECTION 7.2,
TRANSPORTATION OF THE PUD DOCUMENT FOR THE
NAPLES BOTANICAL GARDEN; BY ADDING SECTION 7.6
TO PROVIDE FOR DEVIA TIONS FROM THE LAND
DEVELOPMENT CODE AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 24, 2003, the Board of County Commissioners approved Ordinance
No, 03-29, which established the Naples Botanical Garden Planned Unit Development (PUD);
and
WHEREAS, said Ordinance Number 03-29 was previously amended by Ordinance
Number 04-38 and approved by the Collier County Board of County Commissioners on June 22,
2004 to correct a scrivener's error.
WHEREAS, R, BRUCE ANDERSON, representing Naples Botanical Garden, Inc"
petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance
03-29, as amended, the Naples Botanical Garden Planned Unit Development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Section 4.14, Design Guidelines, of the PUD Document for the Naples
Botanical Garden is amended as follows:
4.14 Design Guidelines
Words struck through are deleted; words underlined are added.
Page 1
178 .~
A. Development of structures within the Naples Botanical Garden PUD, due to their unique
characteristics in a natural setting, shall comply with the Purpose and Intent Section of
Division 2.8 Section 5.05.08, Architectural and Site Design Standards of the LDC~
amended, only. Structures within the Naples Botanical Garden PUD will not be
consistent with the actual architectural guidelines of Division 2.8 Section 5.05.08 as
amended. The applicant will follow the alternative compliance process for review of
architectural and desi!m standards as outlined in Section 5.05.08.F. of the LDC as
amended, to allow for innovative design of structures within Naples Botanical Garden,
except that maintenance, interim or temporary structures do not require architectural and
design standard review. The applicant shall comply with Section 4.06.05 Foundations
Plantings of the LDC for interim or temporary structures as well as the maintenance
structures. However, the follo'Ning requirements shall apply:
1. Struct1.H'es shall comply with Seotion 2.8.2.5, Non Commercial De'lelopment of
the LDC.
2. Struct1.H'es shall comply with Section 2.8,5, Exceptions and Interpretations of the
LDC '.vhcre necessary to allow for innovative design of structures 'Nithin Naples
Botanical Garden.
B. Decorative walls and/or fencing shall be provided in accordance with the standards of
Section 2,6.11.1.2 5.03.02.E.2 ofthe LDC. At a minimum, the two out-parcels depicted
on the PUD Master Plan and the overflow parking and/or potential future expansion area
on the east side of Bayshore Drive shall meet the requirements of Section 2.6.11.4.2
5.03.02.E.2 of the LDC for a decorative wall.
SECTION TWO: Section 6.2, Development Parameters, of the PUD Document for the Naples
Botanical Garden is amended as follows:
6.2 Development Parameters
The PUD Master Plan, Exhibit "A", depicts the proposed use areas, The maximum development
intensity is based on a floor area ration (F,A.R.) of ,05 which translates to a maximum square
footage of 372,438 square feet. Institutional, recreational, administrative, research and
educational facilities, accessory retail and housing uses including other support facilities are
included uses within the 372,438 square feet. Within the allotted development intensity there will
be a 200 seat cafe within a 5,000 square foot structure and indoor and outdoor seating areas. An
accessory retail use area of up to 5,000 square feet shall also be permitted within the entrance
building. Dormitory housing for the research center also is included within the total maximum
permitted floor area. Interim or temporary structures may be used to provide the facilities
described in Section 6.4. A temporary use permit is not required, and the interim or temporary
structures shall be approved through the site development plan process.
SECTION THREE: Section 6.4, Permitted Uses and Structures, of the PUD Document for the
Naples Botanical Garden is amended as follows:
6.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land use, in whole or
in part, for other than the following:
Words struck through are deleted; words underlined are added.
Page 2
178 J
A. Principal Uses:
1. Arboretta and botanical garden (group 8422)
2, Amusement and recreational services (natural wonders and tourist attraction: commercial
only) and exhibition operation (group 7999)
3, Non-commercial research organizations (group 8733)
4. Commercial, physical and biological research (group 8731)
5. Commercial, economic, sociological, educational research (group 8732)
6. Auditoriums
7. Interim or temporary structures to provide the principal and accessory uses. The interim
or temporary structures shall be allowed for an initial period of three (3) years, If needed,
requests for extensions for uses of the interim or temporary structures beyond three (3)
years may be approved administratively for two (2) three (3) year extensions utilizing the
insubstantial change to the approved SDP process, Requests for additional extensions
may be approved by the Board of County Commissioners through the public petition
process. Certificates of occupancy for a permanent structure will not be issued until the
interim or temporary structure housing a particular use is removed from the site.
SECTION FOUR: Section 6.5, Development Standards, of the PUD Document for the Naples
Botanical Garden is amended as follows:
B. Minimum Setbacks
A minimum setback of fifty (50) feet shall be maintained on all sides of the property for
principal structures. However, the existing administration building located at the
intersection of Bayshore Drive and Thomasson Drive shall be permitted a minimum
setback of fifteen (15) feet from Bayshore Drive after the optional conveyance of right-
of-way for the widening of Bayshore Drive, The interim or temporary structures shall be
set back a minimum of three hundred (300) feet from the property line along Bayshore
Drive, five hundred (500) feet from the property line along Hamilton Avenue and the
southern property boundary and one hundred fifty (150) feet from the property line along
Thomasson Drive. Maintenance structures along Bayshore Drive shall be permitted a
minimum setback ofthirty (30) feet. Accessory structures shall be set back twenty (20)
feet from property lines where landscaping buffers are required.
SECTION FIVE: Section 7.2, Transportation, of the PUD Document for the Naples Botanical
Garden is amended as follows:
H. The developer shall provide 5-foot wide sidewalks inclusive of bike lanes along the
length of its property limits on Fern Street, Thomasson Drive and along Bayshore Drive
from Thomasson Drive to the out parcel located on the west side of Bay shore Drive
opposite Republic Drive consistent with LDC provisions and the following:
1. All sidewalk and bike lane design criteria used shall be in accordance with the
Minimum Standards, as adopted by the Florida Department of FDOT - Design
Standards, as amended, as required by Florida Statutes - Chapter 316, Uniform
Traffic Control Law.
Words struck through are deleted; words underlined are added,
Page 3
178 ;,f
2. The developer shall provide a 5-foot wide sidewalk along the length of its property
limits on Fern Street, Thomasson Drive and on Bayshore Drive from Thomasson
Drive to the out parcel located on the west side of Bavshore Drive a point opposite the
overflow parking lot. Pursuant to the provisions of the Land Development Code, the
developer shall provide a payment of $78,125.00 (based upon FDOT standards) in
lieu of constructing a sidewalk along the east side of Hamilton Avenue and a sidewalk
along the west side ofBavshore Drive from the out parcel opposite Republic Drive to
the preserve area. This payment in lieu will be used for sidewalk improvements along
Bavshore Drive as part of the Bayshore Drive South improvement proiect. Five-foot
wide sidewalks shall be constructed in accordance with County Standards. No
sidewalk nor sidewalk mitigation shall be required where Bayshore Drive abuts a
preserve area.
3. Phase I 'Nill include a sidevlulk along the "ycst side of Bayshore Driye from Bayshore
Drive and Thomasson Drive to the projeet's main entrance. ;\nother sidey;alk 'Nill be
provided along the south side of Thomasson Dri','e from the intersection of
Thomasson Dri'le and Bayshore Drive to the existing entrance into the parking lot.
All other sideYlalks shall be provided in two (2) year increments as each phase is
completed and not to exceed a total period of six (6) years.
I. The developer, his successors. or assigns shall provide a fair share contribution toward
the capital cost of a traffic signal and turn lanes (or alternative intersection roundabout
design) at the intersection of Bavshore Drive and Thomasson Drive at such time that the
improvements are constructed. Payment shall be provided to the applicable Public
agencv(ies) responsible for designing and constructing the improvements. if justified by
appropriate traffic warrants.
J. The developer( s) shall provide a separate right turn lane on Bayshore Drive for the
southbound to westbound traffic movement into the Main EntranceNisitor Parking Area.
and all site related transportation improvement(s) including, but not limited to, any and
all necessary tumlane(s) improyement(s) at the development entrance(s) prior to the
issuance of the first permanent CO. Said improvements are considered site related, and
therefore, do not qualify for impact fee credits, When said turn lane improvement(s),
whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-
of-way and/or compensating right-of-way, shall be provided in conjunction with said
improvement(s), as determined by the Collier County Transportation Staff. The subject
development tumlane improvements shall be as follo''vs:
1. On the west approaeh of Thomasson DriYe, the separate left turn lane for the
eastbound to northbound traffic movement onto Bayshore Drive shall be lengthened
as required to facilitate left tums at this intersection for vehicles exiting onto
Thomasson Dri';e.
2, On the south approach of Bayshore DriYe, an additional lane for northbound traffic
shall be provided to facilitate through, left turn and right turn moyements at
Thomasson Drive. This additional lane shall extend south from Thomasson Drive to
the Main Entrance/Visitor Parking ,\rea (approximately 960 feet).
3. On the north approaeh of Bayshore Drive, a separate right tumlane for the
southbound to westbound traffic movement into the Main Entrance/Visitor Parking
;\rea shall be provided.
Words struck through are deleted; words underlined are added,
Page 4
178
4. On the south approach of Bayshore Drive, a separate left turn lane fDr the northbound
to 'lIestbound traffic movement into the Main Entrance/Visitor Parking Area shall be
pro'/ided if said improvement is determined necessary after the overflov{ parlcing
facility on the east side of Bay shore Drive is improved/opened.
:b-K. All turn lane design criteria shall be in accordance with the minimum standards as
adopted by the Florida Department of Transportation (FDOT) - Design Standards, as
amended, as required by Florida Statues - Chapter 316, Uniform Traffic Control Law.
The turn lane queue length determinations shall be in accordance with the
criteria/calculations within the Highway Capacity Manual- Chapter 17.
M-1. All work within the Collier County right-of-way shall meet the requirements of Collier
County Right-of-Way Ordinance.
N-M. If a gate is proposed at any and/or all development entrance(s), the gate shall be designed
so as not to cause vehicles to be backed up onto any and all adjacent roadways, Gates
shall be recessed a minimum of 50 feet from the edge of the public roadway for the
main/visitor's entrance; the research/education entrance and overflow parking entrances
and/or potential future expansion area. Gates at other locations shall be a minimum of 25
feet from the edge of the roadway.
SECTION SIX: The PUD Document for the Naples Botanical Garden is amended to include new
Section 7.6, Deviations from the LDC, as follows:
7.6 Deviations from the LDC
1. Deviation from LDC Section 5.03.02.A.1 ,a.i. Chain link fence shall be permitted to
be constructed at the preserve boundary on the southern property line and chain link
fence shall be permitted and set back a minimum often (0) feet from the public
right-of-way, except when located adiacent to a preserve where the setback shall be a
minimum of five (5) feet.
2. Deviation from LDC Section 5.03.02,A,1.a.ii.(a). Black chain link fence shall be
permitted at a height of five (5) feet. If the applicant opts to use the black chain link
fence it may be used along the southern property line, Thomasson Drive and Hamilton
Avenue, and the portion of Bayshore Drive where the preserves are located,
3, Deviation from LDC Section 5.05.08. Maintenance, interim or temporary structures
do not require architectural and design standard review.
SECTION SEVEN: The PUD Master Plan for the Naples Botanical Garden PUD is as indicated
on Exhibit "A," attached hereto.
SECTION EIGHT: Effective Date,
This Ordinance shall become effective upon receipt of notice from the Secretary of State that this
Ordinance has been filed with the Secretary of State.
Words struck through are deleted; words underlined are added,
Page 5
178
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..:. .
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, thisdlJ; day Of~, 2009,
.\ .
ArtmiT:'
nWIffi.HTE, B'.RO~,:Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER TY, FLORIDA
~d~
BY:
DONNA FIALA, Chairman
Approved as to Form and
legal Sufficiency
~ 7.wlL
STEVEN T. WILLIAMS ,:.J
Assistant County Attorney '~.1'o'l
Attachment: Exhibit A - PUD Master Plan
Words struck through are deleted; words underlined are added.
Page 6
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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 2009-26
Which was adopted by the Board of County Commissioners
on the 26th day of May, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of May, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boa~gn~f
County commiss~.9If.ek.s.. ..t-'~it..
)-.' '.1
By: Martha
Deputy
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