Agenda 05/25/2021 Item #16K 8 (Order of Taking 5 Parcels Project #60168)05/25/2021
EXECUTIVE SUMMARY
Recommendation to approve a Joint Motion for Stipulated Order of Taking and Stipulated Final
Judgment in the total amount of $312,013.55 including statutory attorneys’ fees and costs, for the
taking of five parcels: 1199FEE, 1201FEE, 1203FEE1, 1203FEE2, and 1205FEE required for the
Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of five parcels: 1199FEE, 1201FEE,
1203FEE1, 1203FEE2, and 1205FEE required for the construction of Vanderbilt Beach Road Extension,
Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcels 1199FEE, 1201FEE, 1203FEE1, 1203FEE2, and 1205FEE for the construction
of roadway, drainage and utility improvements required for the expansion and extension of Vanderbilt
Beach Road from Collier Blvd. to east of 16th Street NE, and Massey Street from Vanderbilt Beach Road
to south of Mockingbird Dr., in order to protect the health, safety and welfare of the citizens of Collier
County. The fee simple acquisition area for each parcel consists of a strip taking along the rear, southerly
boundary of each parent property. All five properties are owned by Unicasa Development, Inc. Four
parcels (1199FEE, 1201FEE, 1203FEE1, and 1203FEE2) are each approximately 16,500 square feet
reducing the parent tracts from 2.50 acres to 2.12 acres. Parcel 1205FEE is approximately 18,000 square
feet and will reduce the parent tract from 2.73 acres to 2.32 acres. The five properties are currently being
developed with single-family homes. An aerial photograph is attached to this item for reference. The
County’s original appraisal in July 2020, when all five properties were undeveloped, estimated full
compensation at $196,400 including severance damages. The property owners made an initial demand
for approximately $300,000. The attached Stipulated Final Judgment reflects a negotiated total
compensation amount of $265,000, which accounts for the fact that severance damages have increased
due to development of the properties, plus statutory attorneys’ fees in the amount of $22,638.00 and
expert fees totaling $24,375.55 comprised of noise study fees of $1,372.85, design costs of $2,730.20,
engineering costs of $12,772.50, and appraisal costs of $7,500.00 for all five parcels. If approved by the
Board, the County is required to deposit $312,013.55, plus the Clerk’s deposit fee of $170.00.
Based on the current lot sizes, and the impact of the condemnation and at the request of the property
owner’s attorney, the parties have agreed to include the following language in the Final Judgment
consistent with LDC Section 9.03.07: “If at any time the owner (current or future) is denied the right to
build an allowed use under the Estates zoning district based on lot size requirements resulting from the
condemnation, the County will process a variance relating thereto, at its expense. Should said variance be
denied, the County will amend such regulations, codes and/or ordinances, specific to the owner's
property, as needed so as to reduce the minimum lot size requirement to bring the owner's property into
compliance.” Based on the attached memorandum dated February 18, 2021 from Anita Jenkins, Zoning
Director, no such variance is required.
The Transportation Engineering Division recommends approval of this Stipulated Final Judgment since a
better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: Funds in the amount of $312,183.55 are available in the Vanderbilt Beach Road
Expansion Project Capital Fund, Project 60168. The primary funding source for the acquisition is impact
fees. Should impact fees not be sufficient within the project, the secondary funding source will be gas
taxes.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range
16.K.8
Packet Pg. 1956
05/25/2021
Transportation Plan and the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - CMG
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorize the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. Joint Motion for Stip Order of Taking Stip Final Judgment(3) (DOC)
2. Location Map (PDF)
3. Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (DOCX)
16.K.8
Packet Pg. 1957
05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Doc ID: 15906
Item Summary: Recommendation to approve a Joint Motion for Stipulated Order of Taking and
Stipulated Final Judgment in the total amount of $312,013.55 including statutory attorneys’ fees and
costs, for the taking of five parcels: 1199FEE, 1201FEE, 1203FEE1, 1203FEE2, and 1205FEE required
for the Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 05/25/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
05/13/2021 4:50 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/13/2021 4:50 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/17/2021 12:55 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/17/2021 3:52 PM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/17/2021 4:31 PM
Growth Management Department Trinity Scott Additional Reviewer Completed 05/17/2021 5:05 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 05/18/2021 9:39 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/18/2021 9:53 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/18/2021 11:37 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/18/2021 12:41 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/19/2021 10:07 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.K.8
Packet Pg. 1958
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Petitioner, Case No.: 21-CA-1002
v. Parcels: 1199FEE; 1201FEE; 1203FEE1;
1203FEE2; 1205FEE
UNICASA DEVELOPMENT, INC., A FLORIDA FOR PROFIT CORPORATION
Respondent
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED ORDER OF
TAKING AND FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, UNICASA DEVELOPMENT, INC.,
by and through the undersigned counsel, hereby respectfully move this Court for the entry of the foregoing
Stipulated Order of Taking and Final Judgment as to Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2;
and 1205FEE attached hereto as Exhibit “A.”
Dated: ______________________ Dated: _______________________
____________________________ ___/s/ Kenneth A. Jones__________
COLLEEN M. GREENE, ESQ. KENNETH A. JONES, ESQ
Florida Bar No. 502650 Florida Bar No. 200158
Collier County Attorney’s Office Hahn Loeser & Parks, LLP
3299 E. Tamimi Trail, Suite 800 2400 First Street, Suite 300
Naples, FL 34112 Fort Myers, FL 33901-2904
Telephone: (239) 252-8400 Telephone: (239) 337-6727
COUNSEL FOR PETITIONER COUNSEL FOR RESPONDENTS
Colleen.Greene@colliercountyfl.gov kjones@hahnlaw.com
Sheri.Malcolm@colliercountyfl.gov jstone@hahnlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the
Florida Courts E-Filing Portal on this ____ day of ________ 2021.
BY: ______________________________
COLLEEN M. GREENE, ESQUIRE
16.K.8.a
Packet Pg. 1959 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and
1
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Petitioner, Case No.: 21-CA-1002
v. Parcels: 1199FEE; 1201FEE; 1203FEE1;
1203FEE2; 1205FEE
UNICASA DEVELOPMENT, INC., A FLORIDA FOR PROFIT CORPORATION
Respondent
______________________________________________/
STIPULATED ORDER OF TAKING AND FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER
COUNTY, FLORIDA, and Respondent, UNICASA DEVELOPMENT, INC., by and through counsel, for the
entry of a Stipulated Order of Taking Final Judgment as to Parcels 1199FEE; 1201FEE; 1203FEE1;
1203FEE2; and 1205FEE, for Project No. 60168, and it appearing to the Court that proper notice was given to
the parties having any equity, lien, title or other interest in or to the real property described therein, and the
Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
1. The Court has jurisdiction of this cause, the parties hereto and the subject matter hereof.
2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated
authority.
3. The property described herein as Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE is
being acquired for a public purpose and is reasonably necessary to serve this public purpose.
4. The Declaration of Taking and Estimate of Value filed in this cause by the Petitioner was made in good
faith and based on a valid appraisal.
16.K.8.a
Packet Pg. 1960 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and
2
5. Respondent, Unicasa Development, Inc, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Two Hundred Sixty-Five Thousand and No/100 Dollars ($265,000.00) for full
compensation, including damages and statutory interests, in connection with “said parcels.”
6. Respondent, Unicasa Development, Inc, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Twenty-Two Thousand Six Hundred Thirty-Eight Dollars ($22,638.00) for all
attorney’s fees and costs, and no other attorney’s fees or costs shall be awarded in this matter.
7. Respondent, Unicasa Development, Inc, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA the total sum of Twenty-Four Thousand Three Hundred Seventy-Five Dollars and 55/100
($24,375.55) for all expert fees and costs, and no other expert fees or costs shall be awarded in this matter.
8. Within twenty (20) days from the date of this Order, Petitioner shall deposit into the Court Registry the
sum of Three Hundred Twelve Thousand Thirteen Dollars and 55/100 ($312,013.55), and the right, title
and interest to Parcels 1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE described in composite
Exhibit “A,” attached hereto and made a part hereof by reference shall vest in Petitioner.
9. If at any time the owner (current or future) is denied the right to build an allowed use under the
Estates zoning district based on lot size requirements resulting from the condemnation, the County shall
process a variance relating thereto, at its expense. Should said variance be denied, the County shall amend
such regulations, codes and/or ordinances, specific to the owner's property, as needed so as to reduce the
minimum lot size requirement to bring the owner's property into compliance.
10. The Collier County Tax Collector may have a claim to the proceeds to be paid for Parcels
1199FEE; 1201FEE; 1203FEE1; 1203FEE2; and 1205FEE for unpaid ad valorem taxes assessed against said
Parcels through the date of taking. Accordingly, pursuant to the authority under Section 73.061, Fla. Stat., the
16.K.8.a
Packet Pg. 1961 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and
3
Clerk is directed to pay to the Collier County Tax Collector any taxes shown to be due and owing from the
funds required herein to be placed in the court registry.
11. Upon deposit, as set forth above, and without further notice of this Court, the Petitioner shall be
entitled to possession of the property described herein.
12. Upon deposit, as set forth above, the Clerk shall disburse to Respondent, Unicasa Development,
Inc, the total sum of Three Hundred Twelve Thousand Thirteen Dollars and 55/100 ($312,013.55), less the
amount of any ad valorem taxes paid to the Collier County Tax Collector, by mailing a check to Kenneth A.
Jones, Esq., Hahn Loeser & Parks, LLP, 2400 First Street, Suite 300, Fort Myers, FL 33901. The amount
disbursed to the Collier County Tax Collector shall be calculated using the per diem rate, listed below, for all
days in the 2021 tax year, up to and including the date of entry of this Order:
Parcel 1198FEE = $.25 per day.
Parcel 1201FEE = $.25 per day.
Parcel 1203FEE1 = $.25 per day.
Parcel 1203FEE2 = $.25 per day.
Parcel 1205FEE = $.27 per day
13. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Records Book 5933,
Page 2292 of the Public Records of Collier County, Florida is dismissed.
14. The Order of Taking and Final Judgment will be recorded in the Official Records of Collier County,
Florida.
Exhibit “A”
Parcel No. 1199FEE
A portion of Tract 22, Golden Gate Estates, Unit No. 17, as recorded in Plat Book 7, Page 5, of the Public
Records of Collier County , Florida, lying in Section 35, Township 48 South, Range 27 East, Collier County,
Florida, being more particularly described as follows: The South 100 FEET of the West 165 feet of said Tract
22. Containing 16,500 square feet more or less.
16.K.8.a
Packet Pg. 1962 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and
4
Parcel No. 1201 Fee
A portion of Tract 22, GOLDEN GATE ESTATES, UNIT NO. 17, as recorded in Plat Book 7, Page 5 of the
Public Records of Collier County, Florida, lying in Section 35, Township 48 South, Range 27 East, Collier
County, Florida, being more particularly described as follows:
The South 100 feet of the East 165 of said Tract 22. Containing 16,500 square feet more or less.
Parcel 1203FEE1
The South 100 feet of the West 165 feet of Tract 27, Golden Gate Estates Unit 17, according to the map or plat
thereof as recorded in Plat Book 7, Page 5, of the Public Records of Collier County, Florida. Containing 16,500
square feet more or less.
Parcel 1203FEE2
The South 100 feet of the East 165 feet of Tract 27, Golden Gate Estates Unit 17, according to the map or plat
thereof as recorded in Plat Book 7, Page 5, of the Public Records of Collier County, Florida. Containing 16,500
square feet more or less.
Parcel 1205FEE
The South 100 feet of the West 180 feet of Tract 38, Golden Gate Estates Unit 17, according to the map or plat
thereof as recorded in Plat Book 7, Page 5, of the Public Records of Collier County, Florida. Containing 18,000
square feet more or less.
16.K.8.a
Packet Pg. 1963 Attachment: Joint Motion for Stip Order of Taking Stip Final Judgment(3) [Revision 1] (15906 : Joint Motion for Stipulated Order of Taking and
AERIAL
Unicasa Development, Inc.
Parcels 199FEE, 1201FEE,
1203FEE1, 1203FEE2, 1205FEE
/
PARCEL 1205FEE
PARCEL 1199FEE
PARCEL 1201FEE
PARCEL 1203FEE1 PARCEL 1203FEE2
16.K.8.b
Packet Pg. 1964 Attachment: Location Map (15906 : Joint Motion for Stipulated Order of Taking and Stipulated Final Judgment)
Growth Management Department
Planning and Zoning Division
MEMORANDUM
To: Jeffrey A. Klatzkow, Collier County Attorney
From: Anita Jenkins, Division Director
Date: February 18, 2021
Subject: Collier County v. Unicasa - Vanderbilt Beach Road
Land Development Code (LDC) Interpretation of LDC 9.03.07
Pursuant to your request for a LDC interpretation, LDC 1.06.01 provides the County Manger’s
designee, which is the Zoning Director, shall have the authority to make all interpretations of the
text of the LDC. The specific request regarding the subject matter is to determine whether LDC
9.03.07.C in and of itself controls the issues that Estates lots that no longer are 2.25 acres, as a
result of a Collier County right-of-way acquisition, are still legal and buildable.
Per LDC 4.02.00., Estates lots require a minimum dimensional lot area of 98,010 square feet
(2.25 acres). When public acquisition reduces dimensional standards resulting in an Estate lot
less than 98,010 square feet, this creates a “nonconforming lot.” To address these circumstances
of nonconformities created or increased by public acquisition, LDC 9.03.07 directly applies.
Prior to any public acquisition, the subject Estates lots meet the minimum dimensional lot area of
98,010 square feet. Following public acquisition of 100 feet of right-or-way, as depicted in red
below, these Estates lots will be less than the minimum dimensional lot area, resulting in a
nonconformity.
16.K.8.c
Packet Pg. 1965 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking
In this case of a nonconformities created by public acquisition, LDC 9.03.07 directly applies to the
determination of the lots remaining legal and buildable.
LDC 9.03.07.A provides for the applicability, defining “acquisition” to mean any method of
acquiring private property for public use, including dedication, condemnation, or purchase for
present or planned public use by Collier County , as is the case in this matter . Following, LDC
9.03.07.C.1 directly applies to the Estates lots where the acquisition is creating nonconformities
of required lot dimensions, providing “lot dimensions rendered nonconforming or more legally
nonconforming as a result of a portion being acquired for public use, may be reduced by the
same dimension area, or amount involved in the dedication, condemnation, purchase, or similar
method of acquisition.”
This means, with the subject Estates lots, the public acquisition is reducing the lots required
minimum dimensions, and per LDC 9.03.07.C, these lots are allowed to have reduced dimensions
equal to that of the acquisition area and they will remain legal and buildable. The building permit
process for these legally nonconforming and buildable lots is the same and no additional
procedures are necessary. When the owner is ready to build on the lot, staff will verify the warranty
deed noting the amount of right-of-way acquisition area and will apply LDC 9.03.07.C which
reduces the required minimum lot dimension by the same acquisition area square footage.
Cc: Thaddeus Cohen, Department Head
16.K.8.c
Packet Pg. 1966 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking
9.03.07 - Nonconformities Created or Increased by Public Acquisition
A. Applicability.
1. For purposes of this section, "acquisition" means any method of acquiring private
property for public use, including dedication, condemnation, or purchase.
2. This section applies to the acquisition for present or planned public use by the following
party or parties: (i) Collier County; (ii) another governmental entity; (iii) public or private
utility companies providing public service; and/or (iv) a private party or parties under
agreement with Collier County or other government entity.
B. Lot Area
1. Unimproved Lots: If an unimproved lot has sufficient area for the subdivision of three
(3) or fewer conforming lots, and part of the lot is acquired for public purpose, then it may
be subdivided after the acquisition to the same number of lots that could have been
achieved prior to the acquisition. Each newly created lot must contain at least eighty (80)
percent of the required minimum lot area.
2. Improved or Unimproved Lots. No conforming lot otherwise qualifying for a lot split or
lot line adjustment pursuant to the provisions of this Code may be denied approval solely
on the grounds that the resulting lot or lots would be less than the required minimum area
for such lot(s) in the applicable zoning district as a result of acquisition, from Feb. 14,
2006, if the newly created lots contain at least eighty (80) percent of the required minimum
lot area.
C. Other Nonconformities:
1. Required yards on improved lots, lot coverage on improved lots, and lot dimensions
rendered nonconforming or more legally nonconforming as a result of a portion being
acquired for public use, may be reduced by the same dimension, area, or amount involved
in the dedication, condemnation, purchase, or similar method of acquisition; and
2. Any structure that is not located within the acquisition area, but is made nonconforming
in terms of a required yard or setback as a result of the acquisition, need not be relocated,
except as follows:
a. The County Manager or designee determines that leaving the structure or a site
related condition in its pre-acquisition location may create an unsafe condition, in
which case the structure shall be relocated the minimum distance necessary to
address the public safety concern or the site related condition shall be modified to
a safe condition; and
b. A front yard of at least ten (10) feet in depth shall be maintained for all building
structures.
c. The resulting degree of nonconformity of the area and dimensions of a lot and
the required yards with this Code's then current requirements are considered
lawful unless or until the remaining lot or lots in combination are: (i) recreated or
replatted, combining the subject lot or lots with an adjacent lot or lots resulting in a
unified plan of development; or (ii) improved such that the value of the proposed
improvements are equal to or greater than 50 percent of the total replacement
value of the structures and site improvements on the lots or lot combinations
existing at the time of improvement. The replacement value shall be calculated by
a Florida licensed property appraiser. In the occurrence of either condition (i) or (ii)
above, the lot or lots must comply with the requirements then established by this
Code or as may be set forth within a PUD if applicable. Otherwise, any legal and
conforming site modification or change of use shall not trigger a requirement to
16.K.8.c
Packet Pg. 1967 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking
bring the nonconformity created by the acquisition into conformance with the then
required provisions.
3. Any other site related nonconformity or site related condition resulting from the
acquisition, including those rendered more nonconforming, shall be considered legally
nonconforming, including stormwater management facilities, landscaping, open space,
native vegetation, conservation areas, buffers and preserves, on- or off-site parking,
vehicle stacking, throat lengths, or non-structural architectural design standards. All such
nonconformities are allowed to remain legally nonconforming and in their existing
location(s) and/or configuration(s), provided they continue to function adequately to meet
their intended purpose, except where it is determined by the County Manager or designee
that such newly created or increased nonconformity or site related condition constitutes
an unsafe condition. In those cases where it is determined that the newly created or
increased nonconformity or related condition constitutes an unsafe condition, the
nonconformity or site related condition shall be relocated or modified in accordance with
paragraph 2.a. above, as applicable. In any case, such nonconformities are subject to the
limitations set forth in paragraph 2.c., above.
D. Post Take Plan. This section addresses the development, review and approval of post-take
cure plans for remainder properties to mitigate and/or eliminate the negative and potentially costly
impacts resulting from the taking of a property for public purposes. In such cases, it may be
determined to be in the public interest to allow some deviations from applicable LDC or PUD
provisions, or Conditional Use requirements, in order to accommodate site modifications and/or
enhancements, designed to cure, remedy, mitigate, minimize or resolve otherwise negative site
impacts resultant from public acquisition.
1. The Administrative Code shall establish the submittal requirements for a Post Take Plan
and the applicant shall provide the following:
a. The boundary or special purpose survey shall be signed and sealed by a
professional surveyor and mapper licensed to practice in the State of Florida.
b. The appropriate fee as established by the Board of County Commissioners.
2. The property owner or the County may request the following deviations from the LDC,
PUD or Conditional Use requirements, as may be applicable:
a. Landscape Buffers may be reduced from the required width or depth; but shall
not result in a buffer of less than 5 feet in width or depth. Landscape buffers which
have been completely eliminated by the acquisition may be replaced beyond the
acquisition area; but shall not result in a buffer of less than 5 feet in width or depth.
All required plant materials and irrigation requirements shall remain within the
reduced buffer area or shall be relocated or installed as a condition of the Post
Take Plan approval.
b. Water management facilities, including retention, detention and conveyance
may occupy up to 75 percent of a landscape buffer width, if there is a minimum
remaining planting area of at least 5 feet.
c. Required native vegetation, preserve, or open space requirements may be
reduced by an amount not to exceed 10 percent.
3. Deviations other than those set forth in paragraphs D.2.a. through D.2.c. above, or
exceeding the minimums or maximums established therein, may also be approved,
subject to the following procedures:
a. In addition to the requirements for submittal of a Post Take Plan established in
the Administrative Code within 60 days of the date of submittal of the Post Take
Plan to Collier County the applicant shall also notify property owners in accordance
with notice procedures established in LDC section 10.03.06 S, as may be
applicable.
16.K.8.c
Packet Pg. 1968 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking
b. The notice shall: (1) list the requested deviations other than those set forth in
paragraph 2, above, or exceeding the minimums and maximums established in
that subsection; (2) provide a brief narrative justification for such deviation(s); and
(3) provide a copy of the Post Take Plan (in 11 by 17 inch or 8.5 by 11 inch format).
4. Approval Criteria and Process.
a. If no written objection is received within 30 days of the date of mailing of the
notice, the Post Take Plan is deemed approved.
b. If an abutting property owner who receives a notice submits a written objection
to Collier County within 30 days of the date of mailing of notice, the matter shall be
scheduled for public hearing before the Collier County Planning Commission
(CCPC). In such cases, the Board of County Commissioners delegates the
authority to review the Post Take Plan to the CCPC and includes this review as
part of the CCPC powers and duties under the Collier County Code of Laws and
Ordinances section 2-1156 - 2-1164. Public notice for the hearing shall comply
with LDC section 10.03.05 C, as may be applicable, and shall specifically note the
location of the property and the requested deviations. The CCPC, in considering
whether to approve, approve with conditions, or deny the proposed Post Take
Plan, shall consider the following:
i. Whether the deviation is the minimum amount necessary to mitigate for
the impacts of the acquisition, while still protecting the public health, safety,
and welfare; and
ii. Whether the County or property owner has or will mitigate for impacts
from the requested deviation(s) on neighboring properties by maintaining
or enhancing compatibility through various measures, including but not
limited to the installation of additional landscape plantings or the installation
of fences or walls; and
iii. Whether the requested deviations are consistent with and further
applicable policies of the GMP and the requirements of the LDC, PUD, or
Conditional Use, as may be applicable.
5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan by
the CCPC, the applicant, affected property owner, or abutting property owner may appeal
the decision to the Board of Zoning Appeals. For the purposes of this section, an aggrieved
or adversely affected party is defined as any person or group of persons which will suffer
an adverse effect to any interest protected or furthered by the Collier County Growth
Management Plan, Land Development Code, or building code(s). If an appeal is filed by
an abutting property owner, and said appeal is successful, Collier County shall reimburse
said appellant for the appeal application fee and any associated advertising costs.
E. This section (9.03.07) applies to acquisitions which occurred prior to the adoption of this
ordinance if the purchase or dedication of the property has not closed, or the condemnation
proceeding relating to the property acquired has exhausted all available appeals.
16.K.8.c
Packet Pg. 1969 Attachment: Collier County v. Unicasa - Vanderbilt Beach Road LDC Int memo 2.18.2021(1) (15906 : Joint Motion for Stipulated Order of Taking