Agenda 06/10/2008 Item # 8A
Agenda Item No. 8A
June 10, 2008
Page 1 of 38
EXECUTIVE SUMMARY
PUDA-2007-AR-11734, KRG 951 and 41, LLC, represented by Q. Grady Minor, is
requesting a Planned Unit Development (PUD) amendment to the Artesa Pointe PUD to
remove a +/- 0.88 acre parcel of land and add it to the proposed Tamiami Crossing
Commercial Planned Unit Development (CPUD) abutting its northern boundary. The
0.88-acre subject property is located approximately 1/4 of a mile south of the intersection of
Collier Boulevard (CR 951) and the Tamiami Trail (US 41), in Section 3, Township 51
South, Range 26 East of Collier County, Florida
COMPANION ITEMS: PUDZ-2006-AR-I0875 AND CPSS-06-01
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an amendment to the Artesa Pointe
Planned Unit Development (PUD) to remove a +/- 0.88 acre parcel of land and add it to the
proposed Tamiami Crossing Commercial Planned Unit Development (CPUD) abutting its
northern boundary; and to make certain that the project is in hannony with the applicable County
codes and regulations to maintain the community's interests. (The Tamiami Crossing CPUD
application is companion item PUDZ-2006-AR-10875; and the companion Small Scale
Comprehensive Planning Amendment is CPSS-06-01.)
CONSIDERATIONS:
The applicant proposes to amend the Artesa Pointe PUD, approved on September 23, 2003, to
remove 0.88 acres from its extreme northwestern comer, as depicted on the Conceptual Master
Plan contained in the staff report. This 0.88 acres, permitted for commercial uses on the
approved Master Plan, is to be added to the proposed Tamiami Crossing CPUD to provide
additional parking capacity. The subject amendment would only require minor revisions to the
approved Artesa Pointe PUD document and Master Plan to reflect the deletion of this acreage
from the PUD' s northwestern boundary, therefore no other changes to either document are
proposed. All changes to the PUD document are shown in strike-through and underline format in
the proposed ordinance attached to this report.
FISCAL IMPACT:
The rezoning action, in and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the CPUD is approved, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
~.~-,.,
The County collects all applicable impact fees before the issuance of building permits to help
offset the impacts of each new development on its public facilities. These impact fees are used to
fund projects identified in the Growth Management Plan's (GMP) Capital Improvement Element
(CIE) as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally,
in order to meet the requirements of Section] 0.02.07(C) of the Land Development Code, fifty
Page 1 of 5
Agenda Item No. 8A
June 10, 2008
Page 2 of 38
percent of the estimated Transportation Impact Fees associated with the project are required to be
paid simultaneously with the approval of each final local development order. Other fees collected
before the issuance of a building permit include building permit review fees and utility fees
associated with connecting to the County's water and sewer system.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Artesa Pointe PUD presently comprises all of the Henderson Creek Mixed Use Subdistrict on the
Future Land Use Map (FLUM). The primary intent of this subdistrict is to provide for a mixture
of regional commercial uses and residential development to serve the South Naples, Royal
Fakapalm and Marco Island areas. The subject 0.88 acres is within a commercial component of
the Artesa Pointe PUD, and its annexation into the proposed Tamiami Crossing CPUD would he
compatible with respect to its current land use. However, as the Henderson Creek Subdistrict is
limited to a maximum of325,000 square feet of commercial uses, if the 0.88 acres were removed
from the PUD, it would still remain within the Henderson Creek Subdistrict and, therefore, no
commercial development would be eligible on it.
Conclusion:
The proposed PUD amendment has no impact on consistency as it relates to the GMP, as all uses
associated with the subject parcel will remain consistent with the aforementioned designation.
The subject PUD amendment may, therefore, be deemed consistent with the Future Land Use
Element (FLUE) of the GMP.
AFFORDABLE HOUSING IMPACT:
Approval of this CPUD would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed this petition and determined that there are no
environmental issues associated with it.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
This petition was not heard by the EAC.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission (CCPe) heard this petition at their March 20, 2008
meeting, and voted 8-0 to forward this petition to the BCC with a recommendation of approval.
/c_. Although this item received a unanimous recommendation and staff has not received any letters
of objection to the project from the community, it is being placed on the regular agenda due to
the fact that it and its companion item's approval are contingent upon each other.
Page 2 of 5
Agenda Item No. SA
June 10, 2008
Page 3 of 38
LEGAL CONSIDERA nONS:
This is an amendment to the existing Artesia Pointe PUD (Ordinance No. 03-46) which proposes
to amend the Statement of Compliance, Legal Description and Master Plan in order to reflect a
0.88-acre reduction of land in the PUD. This proposed amendment is quasi-judicial in nature. As
such the burden falls upon the applicant for the amendment to prove that the proposal is
consistent with all of the criteria set forth below. The burden then shifts to the Board of County
Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory
or unreasonable. This would be accomplished by finding that the amendment does not meet one
or more of the listed criteria.
Criteria for PUD Rezones
Ask yourself the following questions. TIze answers assist you in making a determination for
approval or not.
L Consider: The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements,
contract, or other instruments or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenancc of such areas and facilities that are not to be provided or maintained
at public expense? Findings and recommendations of this type shall be made only
after consultation with the County Attorney.
3. Consider: Conformity ofthe proposed PUD with the goals, objectives and policies of
the Growth Managemcnt Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
5. Is there an adequacy of usable open space areas in existence and as proposed to serve
the development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of
assuring the adequacy of available improvements and facilities, both public and
private.
7. Consider: The ability of the subject property and of surrounding areas to
accommodate expansion.
8. Consider; Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are
Page 3 of 5
Agenda Item No. 8A
June 10, 2008
Page 4 of 38
justified as meeting public pmposes to a degree at least equivalent to literal
application of such regulations.
9, Will the proposed change be consistent with the goals, objectives, and policies and
future land use map and the elements of the growth management plan?
10. Will the proposed PUD Rezone be appropriate considering the existing land use
pattern?
II. Would the requested PUD Rezone result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
13. Consider; Whether changed or changing conditions make the passage of the
proposed amendment necessary.
] 4. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or other\1ise affect public safely?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with cxisting regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to
an individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot ("reasonably") be used In
accordance with existing zoning? (a "core" question...)
22. Is the change suggested out of scale with the needs of the neighborhood or the
county?
23. Consider; Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
Page 4 of 5
Agenda Item No. 8A
June 10, 2008
Page 5 of 38
24. Consider: The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any ofthe range
of potential uses under the proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD rezone on
the availability of adequate public facilities and services consistent with the levels of
service adopted in the Collier County growth management plan and as defined and
implemented through the Collier County Adequate Public Facilities Ordinance [Code
ch.106, article II], as amended.
26. Are there other factors, standards, or criteria relating to the PUD rezone request that
the Board of County Commissioners shall deem important in the protection of the
public health, safety, and wel fare?
The BCC must base its decision upon the competent, substantial evidence presented by the
written materials supplied to it, including but not limited to the Statf Report, Executive
Summary, maps, studies, letters from interested persons and the oral testimony presented at the
Board of County Commissioners hearing as these materials relate to these criteria. MMSS
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Board of County
Commissioners approve PUDA-2007-AR-l 1734.
PREPARED BY:
John-David Moss, A1CP, Principal Planner
Department of Zoning & Land Development Review
~
Page 5 of 5
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 8A
June 10, 2008
Page 6 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
At the petttioner's request. this Item is continued to the July 22,2008 BCC meeting, This item
must be heard BEFORE item PUDZ-2006-AR-10875 and requires that all participants be
sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-
11734 KRG 951 and 41, LLC. represented by D. Wayne Arnold. AICP, of Q Grady Minor and
Associates, P.A. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson,
P.A., is requesting an amendment to the Artesa Pointe PUD to remove a +/- 0.88 acre parcel
of land and add it to the proposed Tamiaml Crossing CPUD abutting its northern boundary.
The subject property is located approximately 1/4 of a mile south of the intersection of Collier
Boulevard and US 41, in Section 3, Township 51 South, Range 26 East of Collier County,
FlOrida (Companion item to PUDZ-2006-AR.10875)
6/10/2008 90000 AM
Prepared By
John-David Moss
Community Development &
Environmental Services
Senior Planner
Date
Zoning & Land Development
5/15/20089:35:14 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
5115/2006 12:01 PM
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
5126120068:57 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
5/28/200810:54 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5/28/20087:52 PM
Approved By
/""',
County Attorney
Marjorie M. Student~Stirling Assistant County Attorney
5/29/20082:12 PM
Date
County Attorney Office
Approved By
OMS Coordinator
OMS Coordinator
Date
file://C:\AgendaTest\Export\l 09-June%20 1 0,%202008\08.%20ADVER T1SED%20PUBLlC... 6/4/2008
Page 20f2
Agenda Item No. 8A
June 10. 2008
Page 7 of 38
County Manager's Office
Office of Management & Budget
5/30/20088:39 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/30/20088:55 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/2/20086:07 PM
fi le://C:IAgenda TestlExportl I 09-June%20 10,%202008108. %20AD VER Tl SED%20PU BLI C... 6/4/2008
AGEN.li.g\!rl'il'EldlfMilo. 8A
June 10, 2008
Page 8 of 38
Co~'Y County
-. '-~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
HEARING DATE: MARCH 20, 2008
SUBJECT: PETITION NO: PUDA-2007-AR-II734, ARTESA POINTE PLANNED
UNIT DEVELOPMENT (PUD)
COMPANION ITEMS: PUDZ-2006-AR-l0875 AND CPSS-06-01
APPLICANT:
KRG 951 AND 41, LLC
30 S. Meridian Street, Suite 1100
Indianapolis, IN 46204
AGENTS:
Mr. Wayne Arnold, AICP
Q. Grady Minor & Associates, P.A.
3800 Via del Rey
Bonita Springs, FL 34134
Richard D. Yovanovich, Esquire,
Goodlette, Coleman, and Johnson, P.A.
4001 Tamiami Trail, Suite 300
Naples, FL 34103
REOUESTED ACTION:
The petitioner is requesting an amendment to the Altesa Pointe Planned Unit Development (PUD)
to remove a +/- 0.88 acre parcel of land and add it to the proposed Tamiami Crossing Commercial
Planned Unit Development (CPUD) abutting its northern boundary. (The Tamiami Crossing
CPUD application is companion item PUDZ-2006-AR-J 0875; and the companion Small Scale
Comprehensive Planning Ammendment is CPSS-06-0L)
GEOGRAPHIC LOCATION:
The :i82-acre subject property is located approximately 1/4 of a mile south of the intersection of
( Collier Boulevard (CR 951) and the Tan1iami Trail (US 41), in Section 3, Township 51 South,
Range 26 East of Collier County, Florida (see the location map on following page).
Artesa Polnte PUDA-2007-AR-11734
March 20. 2008 CCPC
Page 1 of 5
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Agenda Item No. 8A
June 10, 2008
Page 11 of 38
PURPOSEIDESCRIPTION OF PROJECT:
The purpose of this petition is to amend the A11esa Pointe PUD, approved on September 23, 2003,
to remove 0.88 acres from its extreme northwestern corner, as depicted on the Conceptual Master
Plan on the preceding page. This 0.88 acres, pelmitted for commercial uses on the approved
Master Plan, is to be added to the proposed Tamiami Crossing CPUD to provide additional parking
capacity. As the subject amendment would only require minor revisions to the approved Artesa
Pointe PUD document and Master Plan to reflect the deletion of this acreage from the PUD's
n0l1hwestern boundary, no other changes to dther document are proposed. All changes to the PUD
document are shown in strike-through and underline format in the proposed ordinance attached to
this 1'ep011.
SURROUNDING LAND USE AND ZONING:
Sout~:
West:
Vacant land (proposed for the Tamiami Crossing CPUD), zoned C-4 (General
Commercial)
Vacant land (proposed for the Tamiami Crossing CPUD), zoned A; US 41 then
vacant land, zoned A (Rural Agricultural)
Holiday Manor mobile home park, zoned MH (Mobile Home)
Collier Boulevard; then golf course, zoned Eagle Creek PUD
North:
East;
AERIAL VIEW
Artesa Pointe PUDA-2007-AR-1 1734
March 20. 2008 CCPC
Page 2 of 5
Agenda Item No. 8A
June 10. 2008
Page 12 of 38
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Artesa Pointe PUD presently comprises all of the Henderson Creek Mixed Use Subdistrict on the
Future Land Use Map (FLUM). The primary intent of this subdistrict is to provide for a mixture of
regional commercial uses and residential development to serve the South Naples, Royal Fakapalm
and Marco Island areas. The subject 0.88 acres is within a commercial component of the Artesa
Pointe PUD, and its annexation into the proposed Tamiami Crossing CPUD would be compatible
with respect to its current land use. However, as the Henderson Creek Subdistrict is limited to a
maximum of 325,000 square feet of commercial uses, if the 0.88 acres were removed from the
PUD, it would stilI remain within the Henderson Creek Subdistrict and, therefore, no commercial
development would be eligible on it.
Conclusion:
The proposed PUD amendment has no impact on consistency as it relates to the GMP, as all uses
associated with the subject parcel will remain consistent with the aforementioned designation. The
subject PUD amendment may, therefore, be deemed consistent with the Future Land Use Element
(FLUE) of the GMP.
ANALYSIS:
Staff has completed a comprehensive evaluation of this land use petition and the LDC criteria
upon which a recommendation must be based, specifically noted in Sections 10.02.13.B.5. at1d
10.03.05.H, which establish factual bases to support a recommendation. The Collier County
Plmming Commission (CCPC) uses these same criteria as the basis for their recommendation to
the Board of County Commissioners (BCC), who in turn use the criteria to SUPPOlt their action on
the rezoning request. These evaluations are completed as separate documents, and have been
attaehed to the staff report as Exhibits A and B. In addition to these documents, staff offers the
following analysis:
Environmental Review: Environmental Services staff has reviewed this petition and detelmined
that there are no environmental issues associated with it.
Transportation Planning Review: Transportation Planning staff has reviewed this project, and
there are no outstanding transportation issues.
Utilities Review: This project is located within the Collier County Water and Sewer District. The
proposed amendment does not impact the utilities provision, which is the same as for the cxisting
PUD.
Emergency Management Review: The Artesa Pointe PUD is located in a Category I HUD'icmle
Surge Zone which requires evacuation during some hunicane cvents. Becausc this is a commercial
PUDA, the Emergency Management Department has no issues with the approval of this petition.
Zoning Review: As noted in the preceding GMP Consistency review, the subject parcel is located
in the Hcnderson Creek Mixed Use Subdistrict, which permits a maximunl commercial gross Door
"~ area of 325,000 square feet. As the boundm'ies of the Artesa Pointe PUD are coterminous with this
subdistrict, and the PUD has already been approved for 325,000 square feet of commercial uses,
Artesa Pointe PUDA-2007.AR-11734
March 20, 2008 cepe
Page 3 of 5
Agenda Item No. 8A
June 10, 2008
Page 13 of 38
the subject 0.88 acres would not be eligible for any of the commercial development proposed with
the companion Tamiami Crossing CPUD. Instead, this acreage would only be petmitted to be used
for parking, as shown on the Tamiami Crossing Master Plan by Q. Grady Minor and Associates,
P.A., dated July 2006, as reviscd through October 2007, submitted with companion PUDZ-AR-
2006-10875, and included as Exhibit C of this report. As the subject parcel is adjacent to areas
proposed for parking and preservation, no compatibility issues are anticipated.
NEIGHBORHOOD INFORMATION MEETING (NIM):
(Synopsis provided by Linda Bedtelyon, Community Planning Coordinator)
The applicant duly noticed and held the NIM for Artesa Pointe (PUDA-2007-AR-11734),
Tamiami Crossing (PUDZ-2006-AR-10875), and the associated Comprehensive Planning
Amendment (CPSS-06-1) as companion items on September 26, 2007, at Manatee Elementary
School. Approximately 70 people attended, some of whom identified themselves as residents of
Eagle Creek. Also present were County staff, County Conunissioner Donna Fiala, Planning
Commissioner Bob Murray, the applicant and his agents.
Most of the questions posed by attendees focused on traffic impacts and the County Transportation
Divisions' plans for area road improvements. The applicant told the audience that a signal on US-
41 between the site and one quarter mile from tbe Habitat for Humanity project would be sought,
with an alternate location futther cast, subject to approval of the Florida Depar1ment of
Transportation (FDOT). The applicant's tcam stated that there were plans for access points on CR
951 and US 41, and two interconnection points with Artesa Pointe PUD.
Attendees were interested in finding out if there was a big box retailer like Super-Target proposed.
Eric Strickland of Kite Development responded that a box retail or grocery store was proposed,
and that his firm is indeed a Target developer. I-Ie also stated that the project's projected opening
was for late 2008. The agent added that the proposed zoning was primarily for C-4 (General
Commercial) uses, and that a garden center was also a potential end-user. A commitment was
made by members of the applicant's team that there would be no tattoo parlor.
The Developer's agent, Richard Yovanovich, stated that the applicant's team was willing to speak
with any Homeowners' Associations that were interested in meeting with them. He also told the
group that these items would not be on the summary agenda if there were any objections from the
neighbors (since attendees felt that the Wal-Mart in Artesa Pointc had been approved without
adequate notification ofthe public hearing date). Mr. Yovanovich then advised the audience to file
any objections to 111e proposals with the County's Planning staff.
The NIM officially ended at approximately 6:30 p.m. TranspOltation PI aIming Director Nick
Casalanguida said he and the applicant's team would remain after the meeting to discllss developer
contribution agreements and improvements of the Collier Boulevard/US-4l intersection.
RECOMMEND A nON:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUDA-2007-AR-11734 to the Board of County Commissioners with
a recommendation of approvaL
Artesa Pointe PUDA.2007-AR-11734
March 20, 200B CCPC
Page 4 of 5
Agenda Item No. 8A
June 10, 2008
Page 14 of 38
PREPARED BY:
J-~ J-~ / 0 (;
ATB
JO -DAVID SS, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
~,'Jn.~-~
MARl M. STUD NT-STIRLINd
ASSISTANT COUNTY ATTORNEY
2-Z8-08
DATE
1J?-'l[ro
RA YM D , BELLOWS, MANAGER I ATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ Lfi;. ~,r~ ~/0(9/c7J>
-'" USAN M. ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
~/~,
. H K. SCHMI , ADMINISTRATOR
UNITY DEVELOPMENT &
IRONMENTAL SERVICES DIVISION
Tentatively scheduled for the May 27, 2008 Board of County Commissioners Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Exhibits; A. Rezone Findings
B. PUD Findings
C. Tamiami Crossing CPUD Master Plan
r-
Artesa Points PUDA-2007 -AR-11734
March 20, 2008 CCPC
Page 5 of 5
EXHIBIT A
Agenda Item No. 8A
June 10. 2008
Page 15 of 38
REZONE FINDINGS
PETITION PUDA-2006-AR-1l734
Artcsa Pointe PUD
Chapter 10.03.05.G of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
Findings: Page three of the staff report explains how this petition is consistent with the
Future Land Use Map (FLUM) and the Growth Management Plan (GMP). As stated, the
subject property is designated Henderson Creek Mixed Use Subdistrict, and the primary
intent of the subdistrict is to provide for a mixture of regional commercial uses and
residential development to serve the South Naples, Royal Fakapalm and Marco lsland
areas. As the Henderson Creek Subdistrict is limited to a maximum of 325,000 square
feet of commercial, which is already built, the 0.88 aercs would not be eligible for
development on it. No development is proposed for thc site; therefore, the project is
consistent with the GMP.
2. The existing land use pattcrn;
Findin~s: The subject site is bordered by the C-4 zoning district to the north and west
and by the Artesa Pointe pun, which permits commercial uses consistent with the C-l
through c-s zoning districts, to the east and south. None of the abutting parcels have
been cleared.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Findinl.(s: Becausc thc 0.88 acres of the proposed PUD amendment is part of an existing
mixed-use PUD, it would not create un isolated district. As noted above, the subject site
is alrcady snrrounded by propcrty with similar land uses. For these reasons, the
amendmcnt request would not create an isolated district rclative to the adjacent ones.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the proper!}' proposed for change.
Findings: The existing boundaries of the subject 0.88 acres are not irregularly drawn;
however, the PUD into which it is proposed for inclusion is indeed irregular in relation to
the majority of parcels in the County, which are typically rectangular. The subject
property was created by the developcr's assemblage of available parccls in the area,
which resulted in a rather unusual shape for the proposed PUD. The locution map on page
two of the stafT report highlights the boundary of the subject parceL
Page I 01'3
EXHIBIT A
Agenda Item No. 8A
June 10. 2008
Page 16 of 38
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Findings: The proposed PUDA is not obligatory at this location. However, the request is
reasonable because the propeliy would remain part of the Henderson Creek Mixed Use
Subdistrict and, therefore, unavailable for any further commercial development other than
parking.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Findings: The removal of 0.88 acres from Artesa Pointe will not adversely affect the
living conditions in the neighborhood. Furthermore, the proposed use for the property
would be similar to that already approved for the Artesa Pointe PUD.
7. Whether the proposed change will create or exccssively increase traffic congestion
or crcate types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety,
Findings; The exclusion of 0.88 acres from the Artesa Pointe will have any impact on
traffic.
8. Whethel' the proposed change will create a drainage problem;
Findings: The proposed change should not create drainage or surface water problems, as
the existing water management system is designed to prevent drainage problems on the
site. Additionally, the LDC and GMP have regulations in place to ensure review for
adequate drainage on the proposed Tamiami Crossing CPUD.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Findings; The proposed change will not have an adverse impact on adjacent properties in
terms of light and air.
10. Whether the proposed change will adversely atTeet pl'operty values in the adjacent
area;
Findings: This is a subjecti ve determination based upon anticipated results which may be
internal or external to the subject property. Propelty valuation is affected by a host of
factors including zoning; however zoning by itself mayor may not affect values, since
value determination is driven by the market. There is no guarantee that the project will be
marketed in a manner comparable to the surrounding developments.
11.
Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
~.
Page 2 on
EXHIBIT A
Agenda Item No. 8A
June 10, 2008
Page 17 of 38
Findings: The adjacent propetiies allow similar uses. Therefore, the proposal would not
be a deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Findings: As stated, the proposed amendment complie, with the Henderson Creek Mixcd
Use Subdistrict designation of the GMP. Furthermore, land use applications are subject to
a public hearing process to insure that they do not constitute a grant of special privileges
0\' are inconsistent with other prope1iies in the vicinity in which they are situated.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Findings: There are no substantial reasons why the propcrty could not be used in
accordance with existing zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Findings: The proposed amendment conforms to the goals and objectives of the GMP
and is compatible with thc surronnding property.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Findings: Thcrc arc many sitcs that are already zoned to accommodate the proposed
development; however this is 110t the determining factor when evaluating the
appropriateness of a rezoning deci,ion. The proposed PUOA was reviewed and deemed
compliant with the GMP and the LOC, as was the Tamiami Crossing CPUO proposed in
conjunction with this petition.
16. The physical characteristics of the property and thc degree of site alteration, which
would be required to makc the property usable for any of the range of potential uses
under the proposed zoning classification.
Findings: Any development would require some site alteration and the subject site will
have to cleared to execute the proposed parking lot
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of seJ"Vice adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Findings; TIle proposed pun petition will have no impact on public facilities 01' services.
Page 3 of3
EXHIBIT B
Agenda Item No. 8A
June 10. 2008
Page 18 of 38
FINDINGS FOR PUD
PETITION PUDA-2006-AR-1l734
Artesa Pointe PUD
Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the PUD Mastel' Plans' compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
2. Findings: The project is located within the Henderson Creek Mixed Use Subdistrict on
the Future Land Use Map (FLUM). The primary intent of this subdistrict is to provide for
a mixture of regional commercial uses and residential development to serve the South
Naples, Royal Fakapalm and Marco Island areas. The PUDA will not affect surrounding
areas, traffic and access, rlrainage, sewer, water or other utilities. However, it should be
noted that the development of the companion Tamiami Crossing CPUD will have to be in
accordance with all applicable sections of the Land Development Code (LDC) and
Orowth Management Plan (OMP) at the time of issuance of any development order.
3. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those PI'oposed, particularly as
they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public cxpensc.
Findings: Evidence of unified control was provided with the application. All
alTangements for the continuing operation and maintenance of the Artesa Pointe pun
were made at the time of the original rezone and will not be affected by this PUDA.
4. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan (GMP),
Findings: The project as proposed is consistent with the Future Land Use Map (FLUM)
which designates the subject propeliy as Henderson Creek Mixed Use Subdistrict. The
subject petition has been found consistent with the goals, objectives and policies of the
OMP, as explained on page three of the staff report.
5. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, t-estrictions on design, and
buffering and screening requirements.
~
Findings: Section 4.07.02 of the LDC has specific development requirements for POO
districts to insure that they are compatible with established or planned uses of the
surrounding neighborhoods. As noted in the staff repoti, the subject parcel is located in
the Henderson Creek Mixed Use Subdistrict, which permits a maximum commercial gross
Page I 0[2
EXHIBIT B
Agenda Item No. 8A
June 10.2008
Page 19 of 38
floor area of 325,000 square feet. As the boundaries of the Artesa Pointe PUD are
cotem1inous with this subdistrict, and thc PUD has already been approved for 325,000
square feet of commcrcial uses, the subject o.gg acres would not be eligible for any further
commercial development. Instead, this acreage would only be limited to parking arca,
which would be compatible with the sUITounding uses.
6. The adequacy of usable opcn space areas iu existence and as proposed to serve the
development.
Findings; The minimum 30 percent open space requirement of the LDC, described in
section 2.14 ohhe PUD document, would still be met if this amendment were approved.
7. The timing or sequence of development for thc pur'pose of assuring the adequacy of
available improvements and facilities, both public and private.
Findings: No capacity issues would be created by the approval of this petition.
8, The ability of the subject property and of surrounding areas to accommodate
expansion.
Findings: As previously stated, no [Uliher expansion is pelmitted on thc Artcsa Pointe
PUD.
9. Conformity with PUD rcgulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such rcgulations.
Findings; Staff has reviewcd this petition and found it to be consistent with the Future
Land Use Element (FLUE) and all the elements of the OMP. Approval of the subject
PUDA will not have any impact 011 the existing Artesa Pointe PUD.
Page 2 01'2
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Agenda Item N
Ju 0.8A
ne 10, 2008
Page 20 of 38
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Agenda Item No. 8A
June 10, 2008
Page 21 of 38
ORDINANCE NO. 08-
AN ORDINANCE OF THE 80ARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 03-46, WHICH
ESTABLISHED THE ARTESA POINTE PLANNED
UNIT DEVELOPMENT (PUD), BY AMENDING THE
STATEMENT OF COMPLIANCE AND SECTION 1.2,
ENTITLED "LEGAL DESCIUPTION IN ORDER TO
REMOVE A 0.88 +1- PARCEL OF LAND FROM THIS
PUD, AND REPLACING EXHIBIT "A," THE PUD
MASTER PLAN, WITH A NEW EXHIBIT "A," PUD
MASTER PLAN; AND ]'ROVIDlNG AN EFFECTIVE
DATE.
WHEREAS, on September 23, 2003, the Board of County Commissioners approved
Ordinance Ntunber 03-46, which established the Artosa Point Planned Unit Development Zoning
District; and
WHEREAS, on March 23, 2004, the noard of County Conunissioners approved Ordinance
Number 04-17 amending Ordinance Number 03-46 in order to conecl ~crivener's errors; and
WHEREAS, Wayne Arnold, AICP, of Q, Grady Minor and Associates, P.A., and Richard D.
Yovanovieh, Esq., of Goodlette, Coleman and Johnson, P.A., representing KRG 951 & 41, LLC,
petitioned the Board of County Commissioners to amend Ordinanc~ Numher 03-46, as amended, for
the Artesa Point Planned Unit Development.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSJONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE
The introductory paragraph of the Statement of Compliance of Ordinance Number 03-46, as
mnended, (Artesa Pointe Planned Unit Development) is hereby amended to read as f{)lIows:
The purpose of this Section is to express the intent of Gateway Shoppes. LLC,
hereinafter I'efen.ed to as lhe Development, to create a Planned Unit Development
(PUD) on &2- .81.+/- acres of land located in Section 3, Township 51 South, Range 26
East, Collier County, Florida. The namc of this Planned Unit Development shall be
Artesa Poiutc. The development of Artesa Pointc will be in compliance with the
planning goals and ohjectives of Collier County as St.:t forth ill the Growth
Management Plan. The development will be consistent with the grO\>Jth policies and
land development regulations adopted pursuant to the Growth Management Plan,
Future Land Use Element und other applicable regulations for the following reasons:
SECTION TWO: AMENDMENTS TO LEGAL DESCRlPTION OF THE PROJECT
Section 1.2 entitled "Legal Description" of Ordinance Number 03-46, as amended, (Arlcsa
Pointe Planned Unit Development), is hereby amended to rcad as follows:
Page] of3
Words underlined are additions; words sffilGk-til-ffil:lgfl are deletions.
" Agenda Item No. 8A
June 10, 2008
Page 22 of 38
1.2 LEGAL DESCRIPTION
.\ ~lHeel eflaRtHeeal.68. iF! geiil:i.e~',I\'ash~ 51 Sautlr,-&aBge 26 Bast, CoHief
GttI:l~9ficJn..beiflgl 8reJ3aF1iieulllfly-ileaeR~
Gmumenee-flt ihe liB:!l( flliMler e.BtMF--af-Secti01l-~~\(El5hi.f3 S~ SatHh;-Ratlge 26 BEl5li
Gallier CS1tBt)" fle1idat--lfl6flse-Rm-OO\;lI:h-Q~~eng tl:le east liRe sf Lite
semh~eHJf..5ftid-8eal:ie8 3, feJ'-iHiisHmee efl,36~.;2 feet te apeffit-e~utheAy
fi.gHHH-way-line-ef-tJ.S. il (8tate Rea8-9G) (:!G9 fEet Rghl-6f-wn~lheflee"'-fluHlOrtb
~s!;-alall:g saSe s6'lilhefl) fight ~ 1i:B~, fer a 8i~mtee-&?9".32 feel te II
!laml an IRB '('e5~e-eHHOO--.fool-wiEie-6faffiage--e656ffi6Bt-it-~eia!
ReeeJ'Gs-Be~ges 127 ffll:lgh 1~9, sf the-Jltihlj~rd~er-Geti~
AAf'i8ftrtfte-srl.me-beill~affi.t.-a~~8Be~'l!~~es~
sai~~e;-f&F-O--(ijgtat'tef!-ef a9J.le feef te IRe hegmning-ef-a.-t6agealia1 eirsl:l.lllf
1ffif'r"e--OOflellYe-fl<h.. esterl)'; thanes mil sall'.W"e9l:eRy-&le~esler~y-lit\e-aad-the-afe
~~e--fi.:ljt!;-}uwing--.a--FadiU5-{)f2,;!:'~.9] feet; t1ll'e~.) II. eSFllfal-angIe--ef
Q904J'1R"; swhleUBea e:, a ehar-d-&~eet at a beMttlg-ekadtJl ~3ogg'gB" '''e9~
tlf&.!engtl. sf 175.18 fe~e eRB afsaifl-.-mlFYe;-the-sfllfte-beieg-e-fleiIiHlIt-lhe-ooFtMine-Qf
the sel:l.lli half sf llis sSl:Ith halCer saie SeGlia~~6fth-89~W!-wes~
said-TleFUHine-fur~of2,833.12 feat te~t-en the easlerl) fighHf-way-lffie-ef
fflIe e.f ClI:fIri RasEl (Sln~e Read <:51) (Fighl-t}f .:ay \ aries); !heRee ruIl Il6Jth tn"22'QJ" ens~
aloog-saie ea$!tll"{Y liAe,feF--a--Elisroaee-ef 1,2S1.8] fSel:j tl-.eRse, Ie..T.ing saie Fi~f-W6Y
li.Jl6;fUtHfte.-felkwr<iog-f&tif (1) OOIifSes alGa;; ilia lilies aha! J;lrB~SFtj aeseFibe6--ffi..Gffieial
1'.BBEIT.as Bee~t Pag99 IJ77 ana 137& fleFlh ~goQg'gg~ast-f0f-ft--6i9tB:flee sf 100:09
feet; 1:l:1BR8e Fijll nelth Q.2028'QZ" east f8f-&-6iGtaR~~Aft
~~.. e.Mi fer II .:HekIRee Bf IGJSI feel; tR~1Hl9U1h 8~o55'j;" e:lSf-4eJ'wG-li~
e~&-feet-te+jl9H14l~istMl8B sf 1UQ.'\O filet sel1tAer.Jy--ef-MJ.-pMilllel-lNitn4s
af<lrel!l6l1lielle&--ooulherly B~t ef'''aylffie eflJ.S. 1] (Slate--Re00--9~G-foo!-R-gRt-ffi.
all; (hanes run 98l:ltI-. 510~9'J6" e8.!rt-€e~89 sf l,H1.1~ feet; thf:!lIIHl IUtHlitrth
)5")$"11" 6/ist-fel'--lt--6P.itMee-ef 1GG,99 fee~aillt eR!he !Uitl-ooutllerlj' right efw~
line sf U.S. 1] i I:he.l,e~ ftllt-5tftllfl 51"29'16" ~traleng-sI!W-Ht)e, faf a distW'l8ll e: 6-??-:oo
feet----le;---te-poin--t----ef.begHllw.g, eel:tail:-ling ~l.gg() aeres;-ffl6r-e-ef-i.eslr.
A PARCEL OF LAND LOCATED IN SECTION 3 TOWNSHIP 51 SOUTH RANGE 25 EAST
COLLIER COUNTY FLORIDA. BE!NG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 3 TOWNSHIP 51 SOUTH.
RANGE 26 EAST COLLIER COUNTY FLORIDA- THENCE RUN SOUTH OOe41'50' WEST
6!..QNG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3 FOR A
DISTANCE OF 136U2 FEET TO A POINT ON THE SOUTHERLY RIGHT-Of-WAY LINE OF
U.S. 41 (STATE ROAD 901 (200 FOOT RIGHT-OF-WAY'. THENCE RUN NORTK 54.20"6"
WEST ALONG SAID SOUTHERLY RIGHT-Of.WAY LINE fOR A DISlANCE OF 966.32 FEET
19 A POINT ON THE WESTERLY LINE: OF A nXl FOOT WJDE DRA.INAGE EASEMENT AS
RECORDED tN...QEEl.QJAL...Bf;:c.QRQ.:i.J;lQQILI~._AI._t:~~E!i.121_J...t!E/.OUGH i29 OF lHE
PUBLIC RECORDS OF COLLIER COUNTY FLORIDA' THE SAME BEING THE POINT OF
BEGINNING. THENCE RUN SOUTH 20"16'12" WEST ALONG SAID WESTERLY LINE FOR A
DISTANCE OF 203.10 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CUR~
CONCAVE NORTHWESTERLY. THENCE RUN SOUTHWESTERl. Y ALONG SAID WESTERLY
LINE AND THE ARC OF SAID CURVE TO "[HI::: HiGHT HAVING A RADIUS OF 2 199.93 FEET.
THROUGH A CENTRAL ANGLE OF 09'43'4B'" SUBTENDED BY A CHORD OF 47491 FFFT
AT A BEARING OF SmITH 25.01\'08" WEST FOR AN ARC LENGTH OF 475.48 FEET TO THE
ENP. OF SNP. CURVE' THE SAME BEING A POINT DN THE NDRTtU,.INI;_Of.TIjE;.~Q.I1Iti
HALF OF THE SOUTH HAl F OF SAID S"'CTtON 3' THENCE RUN NOR.TH Bge26'59" WEST
tlLONG SAID NORTH LINE FOR A DISTANCE OF 2833.22 FEET TO b POINT ON THE
EASTERLY R1GHT-OF.WAY LINE OF ISLE OF CAPRI ROAD {STATE ROAD 951) IRIGHT-OF-
WAY VARIE:Sl' THENCE RUN NORTH 02~28'03n EAST AlONG SAID EASTERLY LINE FOR A
DISTANCE OF 1284.83 FEET. THENCE LEAVING SAID RIGHT-OF.WAY LINE RUN THE
FOLLOWING TWO (2) COURSES ALONG THE LINES Of THe PROPERTY DESCB!BED~
OFFICIAL RECORDS BOOK 2529 AT PAGES 1377 AND 1378 NOR7H 90'00'00" EAST FOR A
OISTANCE OF 10009 FEET' THENCE RUN NORTH 02"28'03" E8~T FOR A DISTANCE OF
100.09 FEET TO THE:: NORTHERLY MOST WESTERl Y CORNER OF TRACT HC' OF TRAIL
RIDGE AS DESCRIBED IN PLAT BOOK 44 AT PAGES 71 THRU n OF THE PUBLIC
RECORDS O~ COLLIER COUNTY FLORIDA' TH~J~QEBUN SOUTH as-55'5t" EAST. ALONG
THE NORTH UNE OF SAJD TRACT "C" FOR A DISTANCE OF 196.99 FEET' THENCE RI,/N
NORTH OO.04'03~ EAST FOR A DISTANCE OF 20::1.05 FEET- THENCE RUN SOUTH 89.55'57"
EAST FOR A DISTANCE OF 8B3.32. FEET TO A POINT THAT IS A DISTANCE OF 400.00
FEET SOUTHERLY OF AND PARALLEL WITH THE AFORI;IylENT10NED SOvrHEl1tY
RIGHT-OF-WAY IINF OF U S_ 4' (STATE ROAD 901/200 FOOT RIGHT-OF~WAYl" THENCE
RUN SOutH -54"20'16" EAST FOR A DISTANCE OF 1 654.49 FEET. THENCE R!-i,1i1iQ.BII:1
3!ia~IO'44. EAST FOR A DJq:I-~OF 400.00 FEET TO A POINT ON THE SAID SDL'THERl Y
RIGHT-Of-WAY LINE OF.U S 4i' THENCE RUN SOllTH 54.20'16" EAST ALONG SI\ID
SOUTHERLY RIGHT-Of-WAY LINE FOR A DISTANCE OF 600.0~U::J:;ET TO THE POINT Or
BEGINNING CONTAINING 8i,010 ACRES MORE OR LESS
-
Page 2 of3
Words underlined arc additions; words stmel: threugh are deletions.
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Agenda Item No. SA
June 10.2008
Page 23 of 38
SECTION THREE: AMENDMENTS TO MASTER PLAN
Exhibit A, the PUD Master Plan, of Ordinance Number 03-46, as amended, (Artesa Pointe
Plmmed Unit Development) is hereby replaced with a new Exhibit C<A," PUD Master Plan.
SECTION FOliE,: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DlIL Y ADOPTED hy super-majority vote of ule Board of County
Commissioners of Collier County, florida, this "____ dHY of
,2008.
AITEST:
DWIGHT E. IJROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:_.__..
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
r!r
~"l<'~Marjorie M. Student~Stirling
Assistant County Attomey
Page 3 ofJ
Words underlined are additions; words struel: tllf81:lE;R are deletions.
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
jNWW.COLLlERGOV.NET
(i)
Agenda Item No. 8A
June 10, 2008
2800 NORTH HORSESHOIf!ml\le of 38
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
PUDA-2007-AR-1I734 REV: I
Project: 20020tOOl9
Date: 5/11 /07 DU E: 6/11107
NAME 011 APPLICANT (S) KRG 951 AND 41. LLC
ADDRESS)O sounl MERIDIAN STREET. SUITE 1100 CITY INDIANAPOLIS STATE IN ZIP 46204-3565
TELEPHONE # 317-809-6960 CELL # FAX # 317-577-5605
E-MAIL ADDRESS: ESTRICKLANDCiilKlTEREALTY,COM
NAME OF AGENT D. WAYNE ARNOLD. AlCP - o. GRAPY MINOR AND ASSOCIATES. PA
ADDRESS 3800 VIA DEL RE.Y___CITY BONITA SPRINGS STATEI<'LORIDA ZIP 34134
TELEPHONE # 239-947-Il44 CELL #
E-MAIL ADDRESS:WARNOLDCiilGRADYMINOR.COM
FAX 11239-947-0375
NAME OF AGENT RICHARD D. YOY ANOYICH. ESQ. - GOODLETTE, COI<~M8.!'!.At-ID JOI-INSON. PA
ADDRESS 4001 TAMIAMI TRAil,. SUITE 300 CITY NAPLES STATE FLORIDA ZIP 34103
TELEPHONE # 239-435-3535 CELL # FAX # 239-435-!218
E-MAIL ADDRESS: RYOVANOVTCHCiilGCJLAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
Application For Public Hearing FOlIJUD Rezone 1/\8/0'/
Complete the following for all Association(s) affiliated with this petition_ Provide
additional sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION: ___"._n".__
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF MASTER ASSOCIATION:
MAILING ADDRESS CITY STATE ZIP
NAME OF CIVIC ASSOCIATION;
MAILING ADDRESS
CITY
STATE
ZIP
1-
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list all parties with an
ownership interest as well as the percentage of such interest. (Use additional
sheets if necessary).
Name and Address
Percentage of Ownership
Not Applicable
r-
Applic.,tiOll For Public l-lcming For PUD Rezone 1/18/07
Agenda Item No. 8A
June 10, 2008
Page 27 of 38
b. If the property is owned by a CORPORATION, list the officers and
stockholders and the percentage of stock owned by each.
Name and Address
Percentage of Ownership
KRG 951 and 41. LLC
30 South Meridian Street. Suite 1100
Indianapolis, IN 46204-3565
100%
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust
with the percentage of interest.
Name and Address
Percentage of Ownership
Not ADPlicable
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
Not ADolicable
Applic:'ltion For Public Heuring f"or PUO Rezone II] 8/07
Agenda Item No. 8A
June 10, 2008
Page 28 of 38
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract
purchasers below, including the officers, 5tockholders, beneficiaries, or
partners.
Name and Address
Percentage of Ownership
Not Applicable
Date of Contract:
f, If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired IZ1 2007 1ea5ee--g Term of lease _
__yrs.jmos.
If, Petitioner has option to buy, indicate the following:
-
,
Date of option:
Date option terminates: , or
Anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to
submit a supplemental disclosure of interest form.
Apl)lication For Public HCllring For PUD Ruone J/18/07
Agenda Item No. 8A
June 10. 2008
Dctailed Ic!!al description of thc propcrty covercd bv the apulication: (If space is inadeq uate, attach on
separate page.) If request involves change to more than one zoning district, include separate
legal description for property involved in each district. Applicant shall submit four (4) copies
of a recent survey (completed within the last six months, maximum 1" to 400' scale) if
required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the legal description, an engineer's certification or sealed survey may be
required.
Section/Township/Range -2-/ 51 S / 26E
Lot: Block; Subdivision:
Plat Book Page #; Property I.D. #:
Metes & Bounds Description: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRiBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00'41'50" WEST, ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 3, FOR A DISTANCE OF 1,361.72 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY liNE OF U.S. 41 (STATE ROAD 90) (200 FOOT RIGHT-OF-WAY); THENCE RUN
NORTH 54'20'16" WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 966.32 FEET
TO A POINT ON THE WESTERLY LINE OF A 100 FOOT WIDE DRAINAGE EASEMENT AS RECORDED IN
OFFICIAL RECORDS BOOK 76 AT PAGES 127 THROUGH 129, OF THE PUBliC RECORDS OF COLLIER
COUNTY, FLORIDA; THE SAME BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 20"16'12" WEST,
ALONG SAID WESTERLY LINE, FOR A DISTANCE OF 203.10 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE CONCAVE NORTHWESTERLY; THENCE RUN SOUTHW ESTERLY ALONG SAID
WESTERLY liNE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,799.93 FEET;
THROUGH A CENTRAL ANGLE OF 09"43'48"; SUBTENDED BY A CHORD OF 474.91 FEET AT A BEARING OF
SOUTH 25"08'06" WEST, FOR AN ARC LENGTH OF 47548 FEET TO THE END OF SAID CURVE; THE SAME
BEING A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 3;
THENCE RUN NORTH 89"26'59" WEST. ALONG SAID NORTH LINE FOR, A DISTANCE OF 2,833.22 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY liNE OF ISLE OF CAPRI ROAD (STATE ROAD 951) (RIGHT-OF-
WAY VARIES); THENCE RUN NORTH 02"28'03" EAST, ALONG SAID EASTERLY LINE, FOR A DISTANCE OF
1,284.83 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY LINE, RUN THE FOLLOWING TWO (2) COURSES
ALONG THE LINES OF THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 2529 AT PAGES 1377 AND
1378 NORTH 90'00'00" EAST FOR A DISTANCE OF 100.09 FEET; THENCE RUN NORTH 02"28'03" EAST FOR A
DISTANCE OF 100.09 FEET TO THE NORTHERLY MOST WESTERLY CORNER OF TRACT "C" OF TRAIL
RIDGE, AS DESCRIBED IN PLAT BOOK 44 AT PAGES 71 THRU 77 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN SOUTH 89"55'57" EAST, ALONG THE NORTH LINE OF SAID TRACT "C",
FOR A DISTANCE OF 196.99 FEET; THENCE RUN NORTH 00"04'03" EAST FOR A DISTANCE OF 200.05 FEET;
THENCE RUN SOUTH 89'55'57" EAST FOR A DISTANCE OF 683.32' FEET TO A POINT THAT IS A DISTANCE
OF 400.00 FEET SOUTHERLY OF AND PARALLEL WITH THE AFOREMENTIONED SOUTHERLY RIGHT-OF-
WAY LINE OF U.S. 41 (STATE ROAD 90) (200 FOOT RIGHT-OF-WAY); THENCE RUN SOUTH 54"20'16" EAST
FOR A DISTANCE OF 1,654.49 FEET; THENCE RUN NORTH 35'39'44" EAST FOR A DISTANCE OF 400.00 FEET
TO A POINT ON THE SAID SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE RUN SOUTH 54'20'16"
EAST, ALONG SAID SOUTHERLY RIGHT -OF-W A Y LINE, FOR A DISTANCE OF 600.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 81.010 ACRES, MORE OR LESS.
Sizc of propertv:
ft. X _____.___ft. = Total Sq. Ft.
Acres 81 :t
Addrcss/!!cncrallocatioll of subicct property: Subiect property io located approximately 1/4 mile south of the
Intersection of Collier Boulevard and U.S. 41.
Application For Puhlic Heating For PUD Rezone] /18/07
Agenda Item No. 8A
PUD District (LDC 2.03.06): ~ Residential D Community Facilities June 10, 2008
Page 30 of 38
~ Commercial D Industrial
:lI~~~iI_l1;:~.$l~iy~~ij~~lim:i~~.;~IDI_fIU;l~::'.:~.; ~r_*'~l!fi*~~14i'~~~_~rf~~'_~1~\~1~11
Zoning
Land use
Vacant (proposed Tamiami Crossino CPUD)
Residential Mobile Homes (Holidav Manor Coop)
Undeveloped. Residential Mobile Homes, Windino (vpress DRI
Eaole Creek PU.RL Residential
N A. (-2 & C-4
S MH
E A, MH & PUD
W PUD
Does the owner of the subject property own property contiguous to the subject
property? If so, give complete legal description of entire contiguous property. (If space
is inadequate, attach on separate page).
Section/Township/Range ~/ 51S / 26E
Lot: Block: Subdivision:
Plat Book Page #: Property I.D. #: 00726724301 & 00725841007
Metes & Bounds Description: See attached Deeds
r'"'
Appliculion For Public Hearing For PUD Rcmnc tlI8/07
This application is requesting a rezone from the PUD zoning district(s) to the
CPUD zoning district(s).
Present Use of the Property: Waf-Mart retail store, Habitat for Humanitv home sites and
partiallv undeveloped proposed commercial. retail.
Proposed Use (or range of uses) of the property: The lecal description and Master Plan are to
be revised to demonstrate the removal of the 0,88+ acre parcel from the PUD.
Original PUD Name; Artesa Pointe PUD
Ordinance No.: 03-46
lIIIt..
: "iE-_.n.'l>J=,,",,"':-~ . - ~.<;'- ,- . ~" ,".- -... - .. ..... ". .' """,","" _ ._. ',,<1 . .
."'u~,_~!~~:.:~~-~,,' - -'~~:.' -',"~~~"-. Ii" ',.. :,'.' ',..: _.:.'.,,".. ._."",
Pursuant to Section 1 0.02.13 of the Collier County Land Development Code, staff's analysis
and recommendation to the Planning Commission, and the Planning Commission's
recommendation to the Board of County Commissioners shall be based upon consideration of
the applicable criteria noted below. Provide a narrative statement describing the rezone
request with specific reference to the criteria noted below. Include any backup materials
and documentation in support of the request.
PUD Rezone Considerations (LDC Section 10,02.13.B)
1. The suitability of the area for the type and pattern of development proposed in relation
to phYSical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
The proposed PUD amendment proposes to remove a small (0.88:+:: acre) parcel from the
Artesa POlnte PUD and incorporate It into the proposed Tamiami Crossings CPUD. The
subject property is already zoned PUD and was intended for commercial use. The
surrounding area remains suitable for continued commercial development.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
The documents provided demonstrate unified control of the subject property and
proposed Tamiami Crossing CPUD.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
The proposed amendment has no impact on consistency with the growth management
plan, and the property's use will remain consistent with the Henderson Creek Mixed Use
Su bdistrict.
Application For Public Hcal'illg For PVD Rezone 1//8/07
Agenda Item No. 8A
June 10, 2008
4. The internal and external compatibility of proposed uses, which conditions _ tn'dUi!Ie
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
No compatibility relationships change from the proposed amendment. The proposed
amendment simply moves the property into the adjacent PUD.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The Artesa Pointe PUD will continue to meet Its open space requirements and the
proposed Tamlami Crossings CPUD will provide30% of its acreage as usable open space.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Public facilities will be available at the time of construction as required by the County's
concurrency management system.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The subject 0.88:!: acre parcel is presently within a commercial component of a PUD and
its inclusion into the Tamiami Crossings CPUD will provide for unified control within each
respective PUD. No expansion beyond what has been proposed is anticipated.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
The subject property will comply with the PUD regulations established for the proposed
Tamiami Crossing CPUD which are appropriate and consistent with that for commercial
development.
Deed Restrictions: The County is legally precluded from enforCing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested In order
to ascertain whether or not the request is affected by existing deed restrictions.
Previous land use oetitions on the subiect orooertv: To your knowledge, has a public
hearing been held on this property within the last year? 0 Yes 0 No
If 50, what was the nature of that hearing?
r-
ApplicOItioll For Public Hc.'lring For rUD Rezone lIl&/Q7
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has
been made and the application is assigned a petition processing number. The
application will be considered "closed" when the petitioner withdraws the application
through written notice or ceases to supply necessary information to continue processina
or otherwise active Iv pursue the rezonina for a period of six (6) months. An application
deemed "closed" will not receive further processing and an application "closed" through
inactivity shall be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting a new application, repayment of all application fees and granting
of a determination of "sufficiency". Further review of the project will be subject to the
then current code. (LDC Section 10.03.05.Q.)
Agenda Item No. SA
June 10 2008
a~~ "" u, uu II
Application For Public I-learillg For pun Rezone 1/181fJ7
-----
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKETIN THE EXACT ORDER
LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION
NOTE; INCOMPELTE SUBMITTALS WILL NOT BE ACCEPTED.
Environmental Impact Statement (EIS) and digital/electronic copy of EIS or
exem tion 'ustification
Historical Surveyor waiver request
Utility Provisions Statement w/sketches
Architectural rendering of proposed structures
Survey, signed & sealed
Traffic Impact Statement (TiS) or waiver
Recent Aerial Photograph (with habitat areas defined) min scaled 1 "=400'
Electronic copy of all documents in Word format and pians (CD Rom or
Diskette)
Letter of No Objection from the U.S. Postai Service
!LJ.QgJ,ted in RFMU (Rural Frinae Mixed Use) ReceivinCl Land Areas
Applicant must contact Mr. Gerry J. Lacavera. State of Florida Division of Forestry @ 239--690-3500 for information regarding "Wildflre
Mitigation & Prevention Plan", LDe Sectl 2.03.08.A.2.a.(b)l.c.
1 Additional set If located in the Bayshore/Gateway Triangle
Redevelo ment Area
Co ies of detailed descri tlon of wh amendment is necessar
Completed Application with list of Permitted Uses; Development
Standards Table; List of proposed deviations from the LDC (if any); List of
Develo er Commitments (download from website for current form
Pre-a Ilcation meetln notes
PUD Conce tual Master Plan 24" x 36" and One 8]1," x 11" co
Revised PUD Conce tual Master plan 24" x 36"and One 8 W x 11" co
Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF
AMENDING THE PUD
Revised PUD a Iication with chan es crossed thru & underlined
Revised PUD application w/amended Title page w/ord #'s, lDC
10.02.13.A.2
Deeds/Legal's & Survey (If boundary of orlginai PUD is amended)
List identifying Owner & all parties of corporation
Owner/Affidavit signed & notarized
Covenant of Unified Control
Completed Addressing checklist
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__6L01_~J.__
Date
Application For Public Hearing For pun Rezone 1/18/07
#OF
COPIES REQUIRED
NOT
REQUIRED
24 X
24 X
24 X
24 X
24 X
24 X
24 X
24 X
2 X
2 X
2 X
2 X
2 X
4
X
4
4
4
4
7
5
1
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......1..
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Agenda Item No. SA
June 10. 209S
Page 35 of 3S
ORDINANCE NO. OR-_
AN ORDINANCE Of THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCe: NUMBER 03-46, WHICH
ESTABLISHED TIlE ARTESA POINTS PLANNED
UNIT DEVELOPMENT (PUD), BY AMENDING THE
STATEMENT OF COMPLIANCe: AND SECTION 1.2,
ENTITLED "LEGAL DESCRIPTION IN ORDER TO
REMOVE A 0.88 +/- PARCEL OF LAND FROM THIS
PUD, AND REPLACING EXHIBIT "A," THe: PUD
MASTER PLAN, WITH A NEW EXHIBIT "A," PUD
MASTER PLAN; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 23, 2003, the Board of Co.mty Commissioner. approved
OrdillOllCC NlJIllber 03-46, which c,tablished the Artcsa Point Pl,nnod Unit Development Zoning
District; alld
WHeREAS, on March 23, 2004~ the Board of COUllty Conuulssionel's approved Ordinance.
Number 04~17 Amending Ordinance N\lmber 03-46 in ordcr to con'ect ~crjvener'8 errol's; and
WHEREAS~ Wayne Amoldj AICP, of Q, Grady Minor and Associates, P.A.. and Riohard D,
Yovnnovich, Esq., of Goodletle, Coleman and John",", P.A., representillg KRG 951 & 41, LLC.
petitioned the Board Qf County .CommissiollCl'8 to amend Orditumce Number 03a46, !l8 D.mended, for
the Artesa Point Planned Unit D~vc1opmcnt.
NOW, THEREFORE, BE IT ORDAINF.D IW TIm BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE
"Ine introductory paragraph of the Statement of Compliance of Ordinance Numb1M' 0'3-46, as
amended, (Artesn Pointe Pimmed Unit Developmel\t) is hereby wnended to 1'end as follows:
The purpose of this Scclion is to express the intent of Gateway Shoppas, LLC.
hereinafter refenw to as the Development, to create a Pllllmed Unit Developm~nt
(PUD) onS;! ftl+l- acres of land located ill Section 3, Township 51 SDnth, Range 26
East, Collier County, Florida. The name oUhi. Planlled Unit Development shall be
Art.eaa Poh\te. Tho development of Artesa Painte will be in complianoe with the
planning goals and objectives of Colliel' County as set forth in the Growth
Management Plan. The development will be consistent with the growth policies nnd
lW\d development regulations adopted pursuant to the Growth Management Plan,
Future Land Use Element and other appllcablrJ regulations for the following reasorul:
SECTION TWO: AMENDMENTS TO LEGAL DESCRIPTION OF THE PROJECT
Section 1,2 entitled "Legal De.scription" of Ordinllnce Number 03-46, !\9 ronended, (Artesa
Pointe Plamled Uolt Development), is hereby llmended to read as follows:
Pago I 00
Words wlderlined are ndditions; words 5'truok-4firougH are delotions,
"
\
~
1.2 LEGAL DESCRlI'1'ION
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A PARCEL OF lAND LOCATED IN S.e.QTION 3 TOWNSHIP 51 SOUTH. RA!lJC1E' 28 EAST
COLUER COUNTY RORIDk BEING MORE PARTICUI.ARL'Y oeSCRIBED AS ~OLlOWS:
COMMENCE AT THE EAST QUARTER CORNSR OF seCTION 3 TOWNSHIP 51 SOUTH.
RANGE 28 eAST COlUER COUNTY FLORIDA. THENce RUN SOUT'" 0!}"41'50' WEST,
ALONG lHE EAST UNE OF THF; SOUTH~GT QUARTER OF SAID SECTION.1....fQB....A
.o.JSIANCF OF 1 38112 FE!;T TO A POlt-IT ON THE SOUTHERLY RI(3HT.OJo'.WAY L1N~ Of
U.S 41 (STATE ROAD gO\ mo FOOT RIGHT-DF-WAYI: THENCE! RUN NORlH 54'2[)'1B-
WEST AlQ}!~1D SOUTHERl V RIGHT -OF.WAY L1""E FOR A OISTANCE OF 960.32 FEET
TO A POINT ~N T'M1l*~ L~e OF A ~oo '%OT ~Jl)...IlllA'NAGe EASeM~tf! A&
RECORDED I or- C b BOOK 7 AT AG. 121JHROllGH 120- OF THE
PUBLIC RECOMB OF COLLIER COUNTY FLORIDA' THE SAME BBNG THE POINT OF
~sc;.~~~~G ~~H::';~ ~~~~gT~H~O'~~~~~~T ~~~~~~WN~l~~T~~~'U:~~'d'SR~~
CONCAVE NORTHWESTERLY- THENCE RUN SOIJTI-M'ESTERL Y ALONG SAJD WF.FiTF.R1 Y
lINE ANO TIlE ARC OF SAIO CUr:tVE 1'0 THE RIGHT HAVIHG A AADI(jS OF 2 7f.l9 ~3 FBI!T:
THROUGH A CFtYTRAI AN(;1 F OF 69'43'48~: SUBfENOED BY A CHORQ..9f',!l1U1...fffI
^1A.B~RINll OF ROUl'H 25"OO'[W vre.S.l.EOBAN ARC L ENGTH O~ A75.4e fEET TO THE
END OF SAID CURVE' THE F;AMF. BEING A POINT ON THE NORTH liNE UF TH~ SOU1H
HALF OF THE SOUTH HALF OF SAID S!:CIION 3' THENCE nUN NOnTH 8I:l"26'6{l' WEST
A.lONG SAID NORTH LINE FOR A OIATANr:F or. :? 1\33 22 FEeT TO A POINT ON THE
,f:ASTE:RL V I{IOHT_OF.WAV L~LE OF CAPRI ROAD (STATE ROAD 051\ fRlGHT-OF-
WAY VARI!:.SI: THENCE RUN NORTH 02'28'03- EAST AtoNG SAID EASTERLY LINE FOR A
DISTANCE OF 12M lIS FEET' THeNCI'! I EAVlNG SAID RIGHT.OF.WAY LINe RIM THE
Fot lOWING lWO l21 COURSES ALONG THe LINES OF THE PROPERTY DESCRIBED IN
Q~FICIAL RECORDS BOOK '529 AT PAGES 1377 AND 1378 NORTH {tQ~Q1l:'OO" EMT FOR A
DISTANCE OF 10009 FEET: THE~..NORTH 02-2-6'03" EAST ~OR A [)ISTANCE OF
10B 09 FEET 10 lHf. NORTHERLY MOST WESTERl Y CORNER OF TRACT "0" OF TW\IL
RIDGE AS nFM:RlBeO IN PLAT BOOK 44 AT PAGES 71 THRU 11 OF THF. PUBLIC
RECORDS O~ COLLIER COUNTY FLORIDA' THENCE RUN SOUTH IW!i5'5T" EAst ALONG
THE NORTH LINE OF SAJD 'tRACt "C' FOR A DISTANCE' Of 1913.99 FEET' THENCE RlJN
tlQBIIiJ)O"04'03" MST FOR A DI8T ANCI;" OF 200 05 1=F=fiT' THENCE RUN SOUTH ag"5!i.'67"
EAST FOR A D!\iTANCe OF 3833'7.' J;HiT TO A POINT THAT IS A DISTANCE OF 400 00
FI::f::f SOUTHERLY OF AND PARAI Lt:1 W~TH THE; AFOREMENTIONE:D SOl/THP-RLV
RIGHT.or.WAY Ut-le: OF U.S 41 (STATE ROAD 901 {?OO FOOT RIGIff.OF--WAY\' THE~C~
BUN SOUTH 6,'20'16" EAST FOR A D!flTANCf: Of" 1 654..10 fEET' THFNCF. RUN NORTH
JS'JtI'4.- EAST FOR A OISTANCE OF 400.00 t:E:ET 10 A MINT ON Tfo/I; SAID SOlrrHF.RI V
RII3f-IT.OF-WAY liNE OF U.S. 41: THENCr: RUN SOIITH 84"'20'10. EAST ALONG SAID
SOUTH!;RlY RlGHf-OF..wAY LINE. FORl:LQlS.TANQ~...QE.....BQQ.OO FEET 10 THE POINT OF
BEGINNING. CONTAfNING~81.010 ACRES. MORe: O~
('-
Page20f3
Words underlined a.ro addidonsj WOI'ds struel: threugh are deletions.
Agenda Item No. SA
June 10. 2008
Page 36 of 38
I'''.
,
Agenda Item No. SA
June 10, 200S
Page 37 of 3S
SECTION THREE: AMENDMENTS TO MASTER PLAN
Exhibit A, the PUD M.ster Pia", of Ordinance Number 03-46, as ",nellded, (Arlesa Polnte
Planned Unit Developmont) is hereby replnced with a D:CW Exhibit U A. n pun Mastel' Plan.
SECTION FOUR: EFFECT1Vll DATE
This Onlinence shall become effective upon filing with the Department of Stare.
PASSED AND DULY ADOPTED by '"pel~mnjority vote of the Board of COllnty
CommiS5ioncI1I ofeolliel' County, Florida. this _ day of
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOIUDA
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
ny:
Approved as to form.
and legal sufficiency:
tIY
/if\"I'f'lMarjOrie M. Student-Stirling
Assistant County Attorney
Page J of3
Wm'ds underlined are additions; WOl'ds struBle threuglt ore deletious.
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