Resolution 2006-238
RESOLUTION NO. 06- 238
A RESOLUTION OF THE COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
DESIGNATING THE ARBORETUM VILLAGE AS
A MIXED USE PROJECT (MUP) IN THE
BAYSHORE DRIVE MIXED USE ZONING
OVERLAY DISTRICT, NEIGHBORHOOD
COMMERCIAL SUB-DISTRICT (BMUD-NC),
COMPRISING 37.26! ACRES PURSUANT TO
LAND DEVELOPMENT CODE SEC. 2.03.07 1.3.;
PROVIDING FOR DESIGNATION AS "MUP," AND
APPROVING UP TO A MAXIMUM OF 447
RESIDENTIAL DWELLING UNITS INCLUDING
232 BONUS DENSITY UNITS AS DETERMINED
THROUGH THE SOP PROCESS AND 150,000
SQUARE FEET OF PERMITTED COMMERCIAL
USES; AND PROVIDING FOR CONCEPTUAL
SITE PLAN APPROVAL, FOR PARCELS
LOCATED AT THE NORTHWEST CORNER OF
BAYSHORE DRIVE AND THOMASSON DRIVE.
WHEREAS, Arboretum Development, LLC (herein referred to as "Owner") owns
two parcels comprising approximately 37.26 .:t acres, described below, that are located
within the boundaries of the Bayshore Mixed Use Overlay District ("BMUD") and within
the Neighborhood Commercial Sub-district (BMUD-NC), all comprising a portion of the
Bayshore-Gateway Community Redevelopment Area (CRA), located in Collier County,
Florida at the northwest corner of Bayshore Drive and Thomasson Drive; and
WHEREAS, Owner, through its agent, Michael R. Fernandez, AICP, of Planning
Development, Incorporated, in accordance with Section 2.03.07. 1.3., of the Collier
County Land Development Code ("LDC") has petitioned the Collier County Board of
County Commissioners ("Board") pursuant to Petition Number MUP-2006-AR-9898, for
approval of a Mixed Use Project ("MUP") in the Bayshore Drive Mixed Use Overlay
District, proposing up to a maximum of 447 residential units and 150,000 square feet of
commercial floor area for the subject lands to be known as Arboretum Village; and
WHEREAS, Owner has timely submitted a sufficient MUP Application
("Application") for the Arboretum Village MUP plan for the lands described below; and
WHEREAS, Collier County Staff has reviewed the Application, including a
Conceptual Site Plan demonstrating compliance with LDC Section 10.03.05. G., along
with support documentation and information required by LDC Section 2.03.07. 1.3., and
determined that the Application and Conceptual Site Plan are sufficient; and
WHEREAS, the Board has determined that the LDC notice and neighborhood
information meeting (NIM) requirements applicable to the Application set forth in
Section 10.03.05 G., have been complied with; and that Arboretum Village MUP has
been recommended for approval by the Bayshore-Gateway CRA Advisory Board.
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1.
The foregoing WHEREAS clauses are hereby adopted as if set forth fully
herein.
2.
The lands described in attached Exhibit "A," consisting of approximately
37.26 .:t acres are hereby designated as a Mixed Use Project ("MUP"),
and be officially designated as "MUP" on the Official Zoning Atlas Map,
subject to the Conceptual Site Plan attached as Exhibit "B," and subject to
compliance with the requirements of LDC Section 2.03.07. I. 3. d., i.
through iv.
3.
The requirements of LDC Section 2.03.07 I. 4., have been met and the
Arboretum Village MUP is approved for, and hereby allocated, two-
hundred and thirty-two (232) Bonus Density Units.
4.
The Conceptual Site Plan for the Arboretum Village MUP attached hereto
as Exhibit "B" is hereby approved with the following conditions:
a. The developer shall provide a minimum of 40% open space.
b. The developer shall provide the landscape installation as required for a
Type D Landscape Buffer pursuant to the LDC, within a 20 foot wide
buffer width for those segments along Thomasson and Bayshore
Drives fronting the structure(s) identified by the MUP Master Plan as
designated for accommodation of the potential CRA parking garage.
This width may additionally accommodate CRA hardscape
requirements for these public roads.
c. Fifteen (15%) percent of the bonus density units shall have a sales
price point which is equal to or less than the sum associated with GAP
Housing, at 150% of the median income basis.
d. The developer shall contribute $1,000.00 per unit developed above the
200 existing replacement units. These funds shall be targeted toward
meeting the relocation and housing needs of the eligible residents of
the Bayshore Club Apartments who will be displaced by the proposed
project. Such funds shall be contributed no later than the time of
closing of the individual unit sales, provided that the developer shall
receive credit for any contributions made prior to that time to such
eligible tenants, under the terms to be cooperatively agreed upon with
the Collier County Operations Support and Housing Staff.
e. The developer shall contribute fifty ($0.50) cents per square foot of
commercial building. Such funds shall be contributed at or prior to the
issuance of the associated commercial or mixed use building permit, in
the amount directly associated with such individual building permit
commercial square footage. The developer shall receive credit for any
contributions made prior to that time to such eligible tenants, under the
terms to be cooperatively agreed upon with the Collier County
Operations Support and Housing Staff.
f. The structure(s) identified by the MUP Master Plan as designated for
accommodation of the potential CRA parking garage, shall be limited
to a maximum of three (3) stories should the CRA not elect to exercise
its option to fund a garage over the proposed commercial base.
g. Should Collier County develop and approve an affordable housing fee
or mitigation fee, funds contributed by the developer pursuant to items
Page 2 of 3
Paragraphs 4d. and 4e. above, shall be credited toward that fee, in the
case of any disparity.
5.
Once the property owner, through the MUP approval process,
commences construction of the proposed development project under the
provisions of the Mixed Use Subdistrict, those lands shall only be
developed in compliance with all provisions of the BMUD Overlay and
shall not revert back to the underlying zoning district.
BE IT RESOLVED that this Resolution relating to Petition Number MUP-2006
AR-9898 be recorded in the minutes of this Board.
THIS RESOLUTION ADOPTED this 12th day of September, 2006, after a
Motion, second, and majority vote.
ATTEST: DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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IS" ~~j;JJ1X-W k:
~t~st . n. to 01.1 raJA, Veputy Clerk
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By:
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FRANK A. HALAS, Chairman
Approved as to form and
legal suffiCiency:
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\:L~ v,"-,-_yy, . fJtUot:d.;..'lILt ' H.t.~'J\.~
Marjori' . Student-Stirling u
Assistant County Attorney
NAPLES/312177 v.OI
Page 3 of 3
IN ACCORDANCE WITH FAC, 61G 15-30,003, THE PARCEL DESCRIPTION PROVIDED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY, THE
ENGINEER OF RECORD AND PLANNING DEVELOPMENT INCORPORATED ARE NOT RESPONSIBLE FOR ANY INACCURRANCIES NOR FOR THE
RELIANCE OF ANY THIRD PARTY ON THE INFORMATION PROVIDED. THIS LEGAL DESCRIPTION IS CONSIDERED CORRECT AT THE TIME OF
INCLUSION ON THIS DRAWING, CONFIRM THE SUBJECT DEVELOPMENT PARCEL(S) LEGAL DESCRIPTION WITH THE LASTEST BOUNDARY
SURVEY WHICH MAY INCLUDE UPDATES AND/OR AMENDMENTS,
THE LEGAL DESCRIPTION FROM SURVEY BY CONSUL TECT SURVEY & MAPPING, INC.; ROBERT 1. BILLS, P,SM, 4698, DATED 04,26,06:
LEGAL DESCRIPTION
PARCEL I:
LEGAL DESCRIPTION FROM OFFICIAL RECORDS BOOK 2393, PAGE 390, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
COMMENCING AT THE SOUTH Y. CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT
BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVE AND TRUCK CO'S LITILE FARMS NO, 2, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH AND SOUTH I;' LINE OF SECTION 14 AND ALONG THE WEST LINE OF LOT 59 TO SAID NAPLES GROVES AND
TRUCK CO'S LITILE FARMS NO.2, NORTH 0013' 10" WEST 50.0 FEET TO THE NORTH RIGHT-OF-WAY LINE OF S-858, (THOMASSON DRIVE);
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89045'16" EAST, 30,00 FEET TO THE EAST RIGHT OF WAY LINE OF PINE STREET AND
THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 0013'10" WEST 1282,27 FEET TO THE NORTH LINE OF LOT 56 OF SAID NAPLES GROVE
AND TRUCK CO'S L1TILE FARMS NO. 2;
THENCE ALONG SAID NORTH LINE, NORTH 89041 '31" EAST, 1265,08 FEET TO THE WEST RIGHT OF WAY LINE OF S-858 (I(ELLY ROAD);
THENCE ALONG SAID WESTRIGHT-OF-WA Y LINE, SOUTH 0017'51" EAST, 800,00 FEET;
THENCE SOUTH 89041 '31" WEST 45L76 FEET;
THENCE SOUTH 0017'51" EAST 483,12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID S-858 (THOMASSON DRIVE);
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89045' 16" WEST 815,00 FEET TO THE PLACE OF BEGINNING.
BEING A PART OF LOT 56, A PART OF LOT 57, A PART OF LOT 58, AND A PART OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S LITILE
FARMS NO.2, COLLIER COUNTY, FLORIDA.
AND:
PARCEL 2:
COMMENCING AT THE SOUTH Y. CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SAID POINT
BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVE AND TRUCK CO'S LITILE,FARMS NO, 2, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK I, PAGE 27, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH AND SOUTH Y. LINE OF SAID SECTION 14 AND ALONG THE WEST LINE OF LOT 59 OF SAID NAPLES GROVE AND
TRUCK CO'S LITILE FARMS NO. 2, NORTH 00013'10" WEST, 50.00 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF S-858 (THOMASSON DRIVE);
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 89045'15" EAST 845,00 FEET, FOR PLACE OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED:
THENCE NORTH 00017'51" WEST, 483,12 FEET;
THENCE NORTH 89041 '31" EAST, 451.76 FEET, TO THE WEST RIGHT-OF-WAY LINE OF S-858 (KELLY ROAD);
THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00017'51" EAST, 433,61 FEET;
THEN CONTINUING ALONG SAID RIGHT-OF-WA Y LINE, SOUTHWESTERLY, 78,58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE TO
THE NORTHWEST, RADIUS 50.00 FEET, SUBTENDED BY A CHORD WHICH BEARS SOUTH 44043'42" WEST, 70,74;
THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF S-858 (THOMASSON DRIVE). SOUTH 89045'16" WEST, 401.76 FEET, TO THE PLACE OF
BEGINNING,
BEING A PART OF LOT 58 AND A PART OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S LITILE FARMS NO, 2, COLLIER COUNTY,
FLORIDA.
CONTAINING 5,00 ACRES,
THE ABOVE DESCRIBED 2 PARCELS CONTAIN 37,26 ACRES
EXHIBIT A
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