CCPC Backup Docs 03/17/2011CCPC
REGULAR
MEETING
BACKUP
DOCUMENTS
MARCH 17, 2011
AGENDA
* *REVISED **
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MARCH 17, 2011,
IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM.
INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR
GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON
AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE
WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE
RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED
TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE
PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC
WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE
AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES - February 3, 2011, February 17, 2011
6. BCC REPORT- RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. PUDZ- 2009 -AR -14425 An Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which
includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by
amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein
described real property from a Rural Agricultural (A) zoning district to a Mixed Use Planned Unit
Development (MPUD) zoning district to allow for development of up to 135,000 square feet of
commercial development and /or a retirement community /group housing at a FAR of .60 and/or a
hotel /motel of an intensity of 26 units per acre for a 23.33 + /- acre parcel to be known as the Addie's
Corner MPUD located in the northwest quadrant of the intersection of Immokalee Road (CR 846)
and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County,
Florida; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal
Planner] 1
B. CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee
Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include:
increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some
existing designations; creation of a new designation for the Immokalee Regional Airport site; and,
redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural/Rural within the
Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the
petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to
treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban
Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the
Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area.
[Coordinator: Carolina Valera, Principal Planner]
9. ADVERTISED PUBLIC HEARINGS
A. PUDA- PL2010 -854: Naples Daily News BPPUD. An Ordinance of the Board of County Commissioners
of Collier County, Florida, amending Ordinance No. 06 -49, the Naples Daily News Business Park Planned
Unit Development (BPPUD), located at 1100 Immokalee Road, Naples, Florida, by amending Section 2.9
of 06 -49 to allow a change in the plant materials in the landscape buffer; and providing an effective date.
[Coordinator: Nancy Gundlach, AICP, Principal Planner]
B. This item has been continued from the February 17`h meeting:
PUDA- PL2010 -388, Olde Cypress Development, LTD, represented by Chris Mitchell of Waldrop
Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is
requesting a PUD Amendment for the Olde Cypress PUD. The PUD Amendment request is to reduce the
project density from 1100 dwelling units to 942 dwelling units and remove the requirements of trails and a
park (3.9 acres minimum) within the Olde Cypress PUD/DRI. The subject property is located in the Olde
Cypress subdivision, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida.
(Companion to DOA- PL2010 -1052 and PUDZ- PL2010 -1054) [Coordinator: Nancy Gundlach, AICP]
C. This item has been continued from the February 17'h meeting:
DOA- PL2010 -1052, Olde Cypress Development, LTD and Vita Pima, LLC, represented by Chris
Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich of Coleman, Yovanovich & Koester,
P.A., is requesting a change to the previously approved Olde Cypress Development of Regional Impact
DRI, in accordance with Florida Statutes, Subsection 380.06(19). The proposed modifications will remove
the 3.9 -acre park requirement, add 63.9 acres into the DRI boundary, and amend Map H to incorporate this
change. The subject property consisting of 602± acres is located in Sections 21 and 22, Range 48 South,
Township 26 East, Collier County, Florida. (Companion to PUDA- PL2010 -388 and PUDZ- PL2010 -1054)
[Kay Deselem, AICP, Coordinator]
D. This item has been continued from the February 17'" meeting:
PUDZ-PL2010 -1054: Vita Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop
Engineering, P.A., and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is
requesting a Rezone from the Residential Planned Unit Development (RPUD) zoning district with a
Special Treatment (ST) Overlay for a project that is known as the HD Development RPUD, and the
Agricultural (A) zoning district, to the RPUD zoning district to allow for development of a maximum of
125 single - family residential units and 33 multi - family units, and associated accessory uses. The 65.29±
acre subject property is located along the north side of Immokalee Road (CR 846) approximately 330
feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County,
Florida. (Companion to PUDA- P12010 -388 and DOA- PL2010 -1052) [Kay Deselem, AICP, Coordinator]
E. PUDZ-2005 -AR -8674: Grace Romanian Baptist Church of Naples CFPUD. An Ordinance of the
Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as
amended, the Collier County Land Development Code, which includes the comprehensive zoning
regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning
atlas map or maps by changing the zoning classification of the herein described real property from an
Agricultural (A) zoning district with a portion of the real property in a ST overlay (Special Treatment) to a
Community Facility Planned Unit Development (CFPUD) zoning district with removal of the ST overlay
for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project will allow
development of a 500 seat church, a single family residence and preschool of up to 150 students along with
other permitted and accessory uses commonly associated with a church and preschool use. The property is
located at the corner of Learning Lane and Livingston Road in Section 13, Township 48 South, Range
25 East, Collier County, Florida, consisting of 12 +/- acres and by providing an effective date.
[Coordinator: Kay Deselem, AICP, Principal Planner]
10. OLD BUSINESS
A. Watershed Management Plan Update Workshop — Summary of Existing Conditions [Coordinator: Mac
Hatcher]
11. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
i[ I W., 16Iu1 :i►1
3/8/2011 CCPC Agenda/Ray BellowsJmp
3
PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF
PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the
Collier County Planning Commission (CCPC) at 9:00 A.M..
Thursday, March 17, 2011 in the Board of County Commis-
sioners meeting room, third floor, Collier Government Center,
3299 East Tamiami Trail, Naples FL., to consider:
PUDA- PL2010 -854, Naples Daily News BPPUD. An Or-
dinance of the Board of County Commissioners of Collier
County, Florida, amending Ordinance No. 06 -49, the Naples
Daily News Business Park Planned Unit Development (BP-
PUD), located at 1100 Immokalee Road, Naples, Florida, by
amending Section 2.9 of 06 -49 to allow a change in the plant
materials in the landscape buffer; and providing an effective
date. [Coordinator: Nancy Gundlach, AICP, Principal Plan-
ner]
All interested parties are invited to appear and be heard. Indi-
vidual speakers will be limited to 5 minutes on any item. Ex-
pert witnesses shall be limited to 10 minutes each. Persons
who have been authorized to represent a group or organiza-
tion should limit their presentation to ten minutes. Persons
wishing to have written or graphic materials included in the
CCPC agenda packets must submit said material a minimum
of 10 days prior to the respective public hearing. Written com-
ments must be filed with the Department of Zoning and Land
Development Review prior to Thursday, March 17, 2011, in
order to be considered at the public hearing. All materials
used in presentation before the CCPC will become a perma-
nent part of the record and will be available for presentation
to the Board of County Commissioners, if applicable.
If a person decides to appeal any decision made by the Col-
lier County Planning Commission with respect to any matter
considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to
ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accom-
modation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assis-
tance. Please contact the Collier County Facilities Manage-
ment Department, located at 3335 Tamiami Trail East, Suite
101, Naples, FL 34112 -5356, (239) 252 -8380, at least two
days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Com-
missioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
10A • Friday, February 25, 2011 • Naples Daily News
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If a person decides to appeal any decision made by the Col-
lier County Planning Commission with respect to any matter
considered at such meeting or hearing, he will need a record
of that proceeding, and for such purpose he may need to
ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon
which the appeal is to be based.
If you are a person with a disability who needs any accom-
modation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assis-
tance. Please contact the Collier County Facilities Manage-
ment Department, located at 3335 Tamiami Trail East, Suite
101, Naples, FL 34112 -5356, (239) 252 -8380, at least two
days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Com-
missioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
10A • Friday, February 25, 2011 • Naples Daily News
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
4ST NAME —FIRST NAME — MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
5T � A i !J � �, IF4 (L �C.- Y W-�N a> e� '�, f.-VC Y�, t, bS l o ��/
'AILING ADDRESS THE BOARD, COUNCIL COMMISSION, AUTHORITY OR COMMITTEE ON
3 �p WHICH I SERVE IS A UNIT OF: I`•?i l� ice';
COUNTY ❑ CITY COUNTY ❑ OTHER LOCAL AGENCY
:ITY NAME OF POLITICAL Sus IVISSIION'
Co
)ATE ON WHICH VOTE OCCURRED MY POSITION IS:
3 I ,,1 ' Z D (` ❑ ELECTIVE APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before?
: ompleting the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inbUdir d'thd
parent organization or subsidiary of a corporate principal by which he .or she is retained); to the special private gain or loss of a relative; of
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 of
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange). `
ELECTED OFFICERS: '
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this forrawith the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing,and whether, made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICHTHE V TI ftW1L:L BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for, recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
PAGE 1
APPOINTED OFFICERS (continued)
°. _Acopy jof the form must be- provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YouVAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
I
• __You rJlui&eii"sctose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
._-agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, r
✓ inured to the special gain or loss of 'i,� b r
y
whom I am retained; or
inured to the special gain or loss of ,which
,, ,ir r✓ iTtge parent ;organization or subsidiary of a principal which has retained me.
(bpThfLr,1 *gAdto'before my agency and the nature of my conflicting interest in the measure is as follows:
a— ecm4Q, a Ck_�O 0. N-.a U1 _ " %
e e she c o� u Yti rJ � G_ S U .� s �?� 'L,
3 -11 -?ZIP
Date Filed
Signat e
u
. * NOTI jyNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
1 FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CI171b6 i�Ai_TY iVOT'TO EXCEED $10,000.
CE F0RM,P- .REY.1/98
,� PAGE 2
ORDINANCE NO. 11-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2000 -37, AS AMENDED, BY AMENDING SECTION I ENTITLED
"STATEMENT OF COMPLIANCE "; AMENDING SECTION 3.02
ENTITLED "GENERAL PLAN OF DEVELOPMENT "; AMENDING
SECTION 4.03 ENTITLED "PROJECT DENSITY "; AMENDING
SECTION 4.05 ENTITLED "RECREATIONAL FACILITIES AND
SCHEDULE "; AMENDING TABLE I ENTITLED "OLD CYPRESS
LAND USE SCHEDULE "; AMENDING SECTION 5.02 ENTITLED
"PERMITTED USES AND STRUCTURES "; AMENDING SECTION 7.02
ENTITLED "MAXIMUM DWELLING UNITS "; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Olde Cypress PUD and DRI was originally approved as The
Woodlands PUD and DRI; and
WHEREAS, The Woodlands PUD and DRI master plans were revised to eliminate
development on the eastern portion of the project including, but not limited to, the elimination of
a park and road; and
WHEREAS, when The Woodlands PUD and DRI master plans were amended to
eliminate a park and road, the PUD document failed to delete certain references in the text to
those improvements; and
WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.
and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County
Commissioners to amend Ordinance No. 2000 -37, to delete certain improvements from the Olde
Cypress PUD.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE
Section I entitled "Statement of Compliance ", item 5 of Ordinance No. 2000 -37, as
amended is amended to read as follows:
5. The Density Rating System of the Collier County Growth Management Plan
permits up to 4 dwelling units per gross acre, for the subject property which
is located in the Mixed Use Urban Residential Area. The gross density of
1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is
Words strusk through are deleted; words underlined are added.
1 of 4
01de Cypress PUD/ PUDA- PL2010 -388
Rev. 3/15/11
consistent with the Collier County Growth Management Plan density rating
system.
SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT
Section 3.02 entitled "General Plan of Development" of Ordinance No. 2000 -37, as
amended, is hereby amended to read as follows:
The general plan of development of OLDE CYPRESS is for a planned residential
community carefully integrating a mixture of single family and multi - family
dwelling units with a golf and country club, commercial, water recreational
facilities bieyele and j egging t4ls and preserve areas.
SECTION THREE: AMENDMENTS TO PROJECT DENSITY
Section 4.03 entitled "Project Density" of Ordinance No. 2000 -37, as amended, is hereby
amended to read as follows:
4.03 PROJECT DENSITY. The total acreage of OLDE CYPRESS is
approximately 538.1 acres. The maximum number of dwelling units to be
built on the total acreage is 499 942. The number of dwelling units per
gross acre is approximately 24 1.75. The density on individual parcels of
land throughout the project will vary according to the type of housing
employed on each parcel of land.
SECTION FOUR: AMENDMENTS TO RECREATIONAL FACILTIES
ANDSCHEDULE
Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000 -37, as
amended, is hereby amended to read as follows:
The following recreational facilities are scheduled to be constructed for the use of
the residents of OLDS CYPRESS, although some of the facilities may be private
in nature and require membership and membership fees. The schedule for
development of these facilities relates to the absorption schedule of the project
towards build -out.
1. Clubhouse and Golf Course with 18 holes, tennis and related
country club facilities (125.14 acres);
2. Swimming pool;
3. Bieyele paths and sSidewalks;
Q. Nature -r-.ails.
Words stfuck thFgugh are deleted; words underlined are added.
2of4
Olde Cypress PUD/ PUDA- PL2010 -388
Rev. 3/15/11
4
4. Passive recreational uses of wetlands and transitional areas
(Preservation 176.2 acres minimum); where allowed by
environmental permits.
6/ Parks (3.9 aer-es m)
SECTION FIVE: AMENDMENTS TO TABLE I
Table I of Ordinance No. 2000 -37, as amended, is hereby amended to read as follows:
TABLE
OLDE CYPRESS
LAND USE SCHEDULE
LAND USE TYPE
DWELLING UNITS
RESIDENTIAL
ACREAGE
RESIDENTIAL
COMMERCIAL (165,000 sq. ft.)*
GOLF AND COUNTRY CLUB, LAKES AND
OPEN SPACES
LAKE/PRESERVE AREA
WETLAND PRESERVE, AND WILDLIFE
SANCTUARY
*SEE ALSO SECTION 8.13 OF THIS ORDINANCE
4,44-9 942 Units
154.07 Acres
12.5 Acres
169.4 Acres
2.1 Acres
176.2 Acres
SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE
Section 5.02 entitled "Permitted Uses and Structures ", item C.4a of Ordinance No. 2000-
37, as amended, is amended to read as follows:
4. Guest Suites
a. The density of Guest Suites will be provided for out of the total number of
dwelling units permitted in the OLDE CYPRESS PUD which is eleve
hundred ( i 00) units nine hundred forty -two (942) units.
Words StFUGk through are deleted; words underlined are added.
3of4
Olde Cypress PUD/ PUDA- PL2010 -388
Rev. 3/15/11
SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS
Section 7.02 entitled "Maximum Dwelling Units" of Ordinance No. 2000 -37, as
amended, is hereby amended to read as follows:
7.02 MAXIMUM DWELLING UNITS
A maximum number of 4J00 942 residential dwelling units may be constructed
on lands designated "R ".
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this day of , 2011.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams S l 1; it
Assistant County Attorney
CP \10- CPS - 01044\29
Words Ftr u^k through are deleted; words underlined are added,
4 of 4
Olde Cypress PUD/ PUDA- PI.201 U -388
Rev. 3/15/11
i
1
ORDINANCE NO. 11-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2000 -37, AS AMENDED, BY AMENDING SECTION I ENTITLED
"STATEMENT OF COMPLIANCE "; AMENDING SECTION 3.02
ENTITLED "GENERAL PLAN OF DEVELOPMENT "; AMENDING
SECTION 4.03 ENTITLED "PROJECT DENSITY"; AMENDING
SECTION 4.05 ENTITLED "RECREATIONAL FAQ%ff,WS AND
SCHEDULE "; AMENDING TABLE I ENTITLED tbL%JtYPRESS
LAND USE SCHEDULE "; AMENDING SECTION NTITLED
"PERMITTED USES AND STRUCTURES "; AMENDING SECTION 7.02
ENTITLED "MAXIMUM DWELLING UNITS "; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Olde Cypress PUD and DRI was originally approved as The
Woodlands PUD and DRI; and
WHEREAS, The Woodlands PUD and DRI master plans were revised to eliminate
development on the eastern portion of the project including, but not limited to, the elimination of
a park and road; and
WHEREAS, when The Woodlands PUD and DRI master plans were amended to
eliminate a park and road, the PUD document failed to delete certain references in the text to
those improvements; and
WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.
and Chris Mitchell, P.E. of Waldrop Engineering, petitioned the Board of County
Commissioners to amend Ordinance No. 2000 -37, to delete certain improvements from the Olde
Cypress PUD.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO STATEMENT OF COMPLIANCE
Section I entitled "Statement of Compliance ", item 5 of Ordinance No. 2000 -37, as
amended is amended to read as follows:
5. The Density Rating System of the Collier County Growth Management Plan
permits up to 4 dwelling units per gross acre, for the subject property which
is located in the Mixed Use Urban Residential Area. The gross density of 2.4
1.75 residential dwelling units per acre for OLDE CYPRESS, therefore, is
Words Gogh are deleted; words underlined are added.
1 of 4
Olde Cypress PUD/ PUDA- PL2010 -388
Rev. 3/15111
0
consistent with the Collier County Growth Management Plan density rating
system.
SECTION TWO: AMENDMENTS TO GENERAL PLAN OF DEVELOPMENT
Section 3.02 entitled "General Plan of Development" of Ordinance No. 2000 -37, as
amended, is hereby amended to read as follows:
The general plan of development of OLDE CYPRESS is for a planned residential
community carefully integrating a mixture of single family and multi - family
dwelling units with a golf and country club, commercial, water recreational
facilities bieyele and j aggiag tFeAsi and preserve areas.
SECTION THREE: AMENDMENTS TO PROJECT DENSITY
Section 4.03 entitled "Project Density" of Ordinance No. 2000 -37, as amended, is hereby
amended to read as follows:
4.03 PROJECT DENSITY. The total acreage of OLDE CYPRESS is
approximately 538.1 acres. The maximum number of dwelling units to be
built on the total acreage is 4-,, 942. The number of dwelling units per
gross acre is approximately 24 1.75. The density on individual parcels of
land throughout the project will vary according to the type of housing
employed on each parcel of land.
SECTION FOUR: AMENDMENTS TO RECREATIONAL FACILTIES
AND SCHEDULE
Section 4.05 entitled "Recreational Facilities and Schedule" of Ordinance 2000 -37, as
amended, is hereby amended to read as follows:
The following recreational facilities are scheduled to be constructed for the use of
the residents of OLDE CYPRESS, although some of the facilities may be private
in nature and require membership and membership fees. The schedule for
development of these facilities relates to the absorption schedule of the project
towards build -out.
Clubhouse and Golf Course with 18 holes, tennis and related
country club facilities (125.14 acres);
2. Swimming pool;.
Bieyele paths and sSidewalks;
4. NalRre =rails;
Words stFuGk thFough are deleted; words underlined are added.
2of4
Olde Cypress PUD/ PUDA- PL2010 -388
Rev. 3/15/11
4. Passive recreational uses of wetlands and transitional areas
(Preservation 176.2 acres minimum); where allowed by
environmental permits.
SECTION FIVE: AMENDMENTS TO TABLE I
Table I of Ordinance No. 2000 -37, as amended, is hereby amended to read as follows:
TABLE I
OLDE CYPRESS
LAND USE SCHEDULE
LAND USE TYPE
DWELLING UNITS
RESIDENTIAL
ACREAGE
RESIDENTIAL
COMMERCIAL (165,000 sq. ft.)*
GOLF AND COUNTRY CLUB, LAKES AND
OPEN SPACES
LAKE/PRESERVE AREA
WETLAND PRESERVE, PARK AND WILDLIFE
SANCTUARY
*SEE ALSO SECTION 8.13 OF THIS ORDINANCE
4;448 942 Units
154.07 Acres
12.5 Acres
169.4 Acres
2.1 Acres
176.2 Acres
SECTION SIX: AMENDMENTS TO SECTION V, GOLF COURSE
Section 5.02 entitled "Permitted Uses and Structures ", item C.4a of Ordinance No. 2000-
37, as amended, is amended to read as follows:
4. Guest Suites
a. The density of Guest Suites will be provided for out of the total number of
dwelling units permitted in the OLDE CYPRESS PUD which is eleN,ea
homed (1100) s nine hundred forty -two (942) units.
Words atFusk thFoug# are deleted; words underlined are added.
3 of 4
01de Cypress PUD/ PUDA- PL2010 -388
Rev. 3/15/11
SECTION SEVEN: AMENDMENTS TO MAXIMUM DWELLING UNITS
Section 7.02 entitled "Maximum Dwelling Units" of Ordinance No. 2000 -37, as
amended, is hereby amended to read as follows:
7.02 MAXIMUM DWELLING UNITS
A maximum number of 44,-W 942 residential dwelling units may be constructed
on lands designated "R".
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super - majority vote of the Board of County
Commissioners of Collier County, Florida, this day of 12011.
ATTEST
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams -5d'' 17 • It
Assistant County Attorney 3
CP \10- CPS - 01044\29
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
Words strur* thmugh are deleted; words underlined are added.
4of4
Olde Cypress PUD/ PUDA- P1.2010 -388
Rev. 3115/11
EXHIBIT "A"
LIST OF PERMITTED USES
HD DEVELOPMENT RPUD
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses and Structures:
1. Single - Family dwelling units.
2. Multi- Family dwelling units (limited to Tract "A ").
Any other principal and related use that is determined to be comparable to the foregoing by the
Board of Zoning Appeals pursuant to the process outlined in the Land Development Code
(LDC).
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses including but not
limited to:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Clubhouse /Recreation uses and facilities, for areas designated as Multi- Family on the
PUD Master Plan, including swimming pools, tennis courts, volleyball courts, fishing
docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board
courts.
3. Gatehouse
4. Essential services, including interim and permanent utility and maintenance facilities.
5. Water management facilities.
6. Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land
Development Code (LDC).
HD Development RPUD - PUDZ- PL2010 -1054 Page 1 of 26
Last Revised: 03/16/2011
C. Preserve Area Uses:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for the preserve area depicted on the RPUD Master Plan other than the following:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Any other conservation related use that is determined to be comparable to the foregoing
by the Board of Zoning Appeals, pursuant to the process outlined in the Land
Development Code (LDC).
D. Development Density
1. A maximum of 125 Single- Family Residential dwelling units for all Single- Family tracts
within the HD Development RPUD.
2. A maximum of 33 Multi- Family.
3. A maximum of 158 dwelling units shall be constructed in the Residential Areas of the
project. The gross project area is 65.29 ± acres and the residential density maximum
shall be 2.42 units per acre.
HD Development RPUD - PUDZ- PL2010 -1054 Page 2 of 26
Last Revised: 03/16/2011
EXHIBIT "B"
DEVELOPMENT STANDARDS
HD DEVELOPMENT RPUD
Development of the HD Development RPUD shall be in accordance with the contents of this Ordinance
and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of
issuance of any development order, such as, but not limited to, final subdivision plat, final site
development plan, excavation permit, and preliminary work authorization, to which such regulations
relate. Where these regulations fail to provide developmental standards, then the provisions of the most
similar district shall apply.
Table I below sets forth the development standards for residential land uses within the HD Development
RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the
LDC in effect as of the date of approval of the SDP or subdivision plat.
Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right -of -way, the setback is measured from the
adjacent right -of -way line.
2. If the parcel is served by a non - platted private drive, the setback is measured from the back of
curb or edge of pavement. If the parcel is served by a platted private drive, the setback is
measured from the road easement or property line, whichever is more restrictive.
TABLE
RESIDENTIAL DEVELOPMENT STANDARDS
Standards
Single Family
Multi Family
Minimum Lot Area
6,000 SF (per unit)
N/A
Minimum Lot Width
50'(1)
N/A
Front Yard Setback
19'(2)
15'
Side Yard Setback
1 Story
6'
7.5'
2 Story
6'
10'
3 Story
N/A
12.5'
Rear Yard Setback
Principal Structure
20' (30' adjacent to Olde
20'
Cypress PUD)
Accessory Structure
10' (20' adjacent to Olde
10'
Cypress PUD)
PUD Boundary Setback
Principal Structure
N/A
20'
Accessory Structure
N/A
10'
Lake Setback (3)
20'
20'
Preserve Area Setback
Principal Structure
25'
25'
Accessory Structure
10'
10'
HD Development RPUD - PUDZ- PL2010 -1054 Page 3 of 26
Last Revised: 03/16/2011
Distance Between Structures
Main/Principal
1 Story
12'
15'
2 Story
N/A
20'
3 Story
N/A
25'
Accessory Structures
10'
10'
Maximum Height
Principal Building (Actual)
40' with a max of 2 story
N/A
Principal Building (Zoned)
35'
42' with a max. of 3 stories
Accessory Building (Actual)
25'
N/A
Accessory Building (Zoned)
20'
20'
Clubhouse Building (Actual)
N/A
N/A
Clubhouse Building (Zoned)
N/A
38'
Minimum Floor Area
1600 SF
650 SF for 1 Bedroom
900 SF for 2 Bedrooms
1000 SF for 3 Bedrooms
1. May be reduced on cul -de -sac lots and lots on the inside part of the curved streets by 25 %.
2. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow
room to park a vehicle on the driveway without parking over the sidewalk. The front yard
setback for side - loaded garages may be reduced to 18', with the home remaining at 19'. There
shall be at least a 23 -foot paved area on a perpendicular plane to the garage door or plans must
ensure that parked vehicles will not interfere with pedestrian traffic.
3. Lake setbacks are measured from the control elevation established for the lake.
A. PRESERVE AREA REQUIREMENTS
1. A minimum of twenty -five (25) percent of the viable native vegetation (64.9 acres), as described
in Section 3.05.07.13 of the Land Development Code, shall be provided on -site, including both
the under -story and the ground cover emphasizing the largest contiguous area possible. A total
of 16.23 acres is required to be preserved.
B. LAKES
2. Lake slopes shall be 4 to 1 from control elevation to a depth 7 feet below control elevation. The
allowable lake slope from seven feet below control to the lake bottom (a maximum of 20 feet
total depth) is 2 to 1.
HD Development RPUD - PUDZ- PL2010 -1054 Page 4 of 26
Last Revised: 03/16/2011
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EXHIBIT "D"
LEGAL DESCRIPTION
HD DEVELOPMENT RPUD
Property Description:
A parcel or tract of land situated in the State of Florida, County of Collier, lying in Section 21,
Township 48 south, Range 26 east and being further bounded and described as follows:
Commencing at southwest corner of the southwest quarter of Section 21, Township 48 south, Range 26
east, thence n.00 °59'51 "w. along the west line of the southwest quarter of said section for 100.00 feet to
the northerly right -of line of a 100 feet wide drainage canal as described in deed book 43, page 251 of
the Public Records of Collier County, Florida; thence n.89 °08'23 "e. along said northerly right -of way for
330.14 feet to the southeast corner of Tract 13 of Olde Cypress, Unit One, a subdivision recorded in Plat
Book 32 at pages i through 11, inclusive, of the public records of Collier County, Florida; thence
continue n.89 °08'23 "e. along said northerly right -of -way line for 330.14 feet to an intersection with the
west line of the west half of the east half of the southwest quarter of the southwest quarter of said section
21 and to the point of beginning; thence n.00 °59'15 "w. along the west line of said fraction for 1230.24
feet to the northwest corner of said fraction and to the southerly line of the aforesaid Olde Cypress, Unit
One subdivision; thence n.89 °07'34 "e. along the southerly line of said subdivision for 1981.51 feet;
thence n.89 °08'07 "e. along the southerly line of said subdivision for 330.24 feet to the northeast corner
of the west half of the west half of the southwest quarter of the southeast quarter of said section 21;
thence s.00 °57'12 "e. along the east line of said fraction and along said subdivision line for 1230.83 feet
to the aforesaid northerly right -of -way line of a 100 feet wide drainage canal; thence s.89 °09'28 "w.
along said northerly right -of -way for 330.16 feet to the east line of the southwest quarter of said section
21; thence s.89 °08'23 "w. along said northerly right -of -way line for 1980.86 feet to the point of
beginning.
Parcel contains 65.294 acres, more or less.
HD Development RPUD - PUDZ- PL2010 -1054 Page 6 of 26
Last Revised: 03/16/2011
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE
HD DEVELOPMENT RPUD
Deviation No. 1: The Applicant is requesting a deviation from Land Development Code (LDC) Section
6.06.01. O to allow for a 50' right -of -way internal to the proposed development. This Section of the
LDC requires that a local road right -of -way be a minimum of 60 feet wide.
Justification: The internal rights of way shall be private and shall be maintained by the HOA. The
proposed deviation allows for design flexibility as well as consistency with right -of -way widths
approved for the HD Development RPUD. The reduced right -of -way width allows for single family
development within the parcel. For these reasons, the proposed deviation will not negatively impact
public health, safety or welfare.
Deviation No. 2: The Applicant is requesting relief from Land Development Code (LDC) Section
5.03.02.0 which permits a maximum wall height of six (6) feet in residential zoning districts, to allow
for a maximum height of eight (8) feet for a combination wall and berm along a portion of the southern
property line.
Justification: The proposed deviation will allow for additional visual screening and mitigation of noise
pollution resulting from traffic along Immokalee Road, a 4 -lane divided arterial roadway. Approval of
this deviation will serve to promote public health, safety and welfare, as well as enhance the HD
Development PUD and Olde Cypress Community.
HD Development RPUD - PUDZ- PL2010 -1054 Page 7 of 26
Last Revised: 03/16/2011
EXHIBIT "F"
DEVELOPMENT COMMITMENTS
HD DEVELOPMENT RPUD
1. ENVIRONMENTAL
A. The flow - way /cypress slough (FLUCCS Code 621) shall be preserved as shown on the PUD
Master Plan.
2. LANDSCAPE
A. The required 10 -foot Type A buffer required along the northern property line shall be 20 feet
wide from the western property line a distance of approximately 1,160 feet, where Treeline Drive
diverts from the east -west alignment to head northwest, as depicted in Exhibit C PUD Master
Plan. The plantings will be consistent with Exhibit G Olde Cypress South Buffer.
B. A combination 6 -foot masonry wall and 2 -foot berm shall be required along a portion of the
southern property line, as depicted on Exhibit C PUD Master Plan. The location of the wall is
subject to approval at the time of PPL review.
3. TRAFFIC
The development of this PUD shall be subject to and governed by the following minimum stipulations.
A. Payment in Lieu of 6 -foot sidewalks and 4 -foot bike lanes for Immokalee Road frontage shall be
required. The amount shall be determined utilizing FDOT's 2008 Transportation Costs, as
amended. Payment shall be required prior to PPL approval.
B. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all
other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s),
will be determined based upon percentage of usage /impact. The Owner, his successor, or
assign(s) agrees to contribute proportionate far share payment(s) toward traffic control
improvements at the following intersections:
1. Treeline Drive at Olde Cypress Boulevard /Logan Boulevard Extension
2. Olde Cypress Boulevard at Immokalee Road
The improvements may include, but shall not be limited to, signal installation or improvement of
existing signalization, and turn lane improvements. Payment shall be required within 90 days of the
County's request, or upon inclusion of improvements in a development order such as an SDP or Plat, or
when warrants are considered met as a result of the project's traffic. Proportionate share must be
calculated based on percentage of this project's impact on the operating capacity of the improvements.
Payment shall be made to the entity responsible for construction/ maintenance/ ownership of the
improvement(s).
For any improvements constructed by the Owner, and for any rights of way or Public Access easements
contributed by this development to Collier County, the Owner, his successor, or assign(s) agrees to
retain responsibility to operate and maintain said conveyances until such time that the Board of County
Commissioners formally accepts ownership and maintenance responsibility for of the improvements.
HD Development RPUD - PUDZ- PL2010 -1054 Page 8 of 26
Last Revised: 03/16/2011
C. A sidewalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, for the existing sidewalk/pathway servicing the existing control structure for the
Cocohatchee Canal. The granting of the sidewalk easement will not require additional buffer
width for the landscape buffer required adjacent to the canal right -of -way. Plantings shall be
placed within the remaining width of the 20 foot landscape buffer. If the area cannot be
effectively planted, no plantings shall be required for the length of the easement. The sidewalk
easement shall be provided by the Owner at no cost to the county within 90 days of the County's
request, or upon inclusion of improvements in a development order, such as an SDP or Plat.
D. A boardwalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, to allow for an elevated boardwalk adjacent to the surface water management
weir providing controlled discharge for the adjacent slough to the Cocohatchee Canal. The
easement shall be 15 feet wide and taper to the boundary within 50 feet of the end of the weir.
The granting of the boardwalk easement will not require additional buffer width for the
landscape buffer required adjacent to the canal right -of -way for portions of the buffer within the
developable portions of the PUD. Plantings shall be placed within the remaining width if the 20
foot landscape buffer. If the area cannot be effectively planted, no plantings shall be required for
the length of the easement. The Owner will cooperate with Collier County as the land owner in
securing the necessary permits for the construction of the boardwalk. The Owner shall not be
financially responsible for the permitting, wetland mitigation or construction of the boardwalk.
The boardwalk easement shall be provided by the Owner at no cost to the county within 90 days
of the County's request, or upon inclusion of improvements in a development order, such as an
SDP or Plat.
4. GENERAL COMMITMENTS
A. Fitness Center Expansion. Developer shall permit and construct improvements to the existing
fitness center as set forth in Exhibit "I" attached hereto and incorporated herein.
B. Entry Landscape Upgrades. Developer and the OCMPOA have agreed to the design and
installation of the landscape improvements set forth in Exhibit "J" attached here to and
incorporated herein. The OCMPOA shall permit and install the landscape improvements. Within
thirty (30) days of completion and acceptance of the landscape improvements, Olde Cypress
shall pay to the OCMPOA the lesser of. 1) $100,000 or 2) total verified cost of the landscape and
irrigation improvements invoiced by the landscape contractor.
C. Treeline Drive. Developer shall provide additional performance security to cover potential off -
site damages to existing pavement, sidewalks, landscaping, and irrigation on Treeline Drive from
Logan Boulevard to the project entrance directly caused by Developer's use of Treeline Drive for
construction access. The performance security shall be posted in conjunction with the
Construction and Maintenance Agreement pursuant to Section 10.02.04(B)(3) of the Collier
County LDC.
HD Development RPUD - PUDZ- PL2010 -1054 Page 9 of 26
Last Revised: 03/16/2011
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THE FITNESS CENTER AT OLDE CYPRESS
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EXHIBIT °J" (CONT.)
EXHIBIT "A"
LIST OF PERMITTED USES
HD DEVELOPMENT RPUD
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in
part, for other than the following:
A. Principal Uses and Structures:
1. Single - Family dwelling units.
2. Multi - Family dwelling units (limited to Tract "A ").
Any other principal and related use that is determined to be comparable to the foregoing by the
Board of Zoning Appeals pursuant to the process outlined in the Land Development Code
(LDC).
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses including but not
limited to:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Clubhouse /Recreation uses and facilities, for areas designated as Multi- Family on the
PUD Master Plan, including swimming pools, tennis courts, volleyball courts, fishing
docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board
courts.
3. Gatehouse
4. Essential services, including interim and permanent utility and maintenance facilities.
5. Water management facilities.
6. Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land
Development Code (LDC).
HD Development RPUD - PUDZ- PL2010 -1054 Page 1 of 11
Last Revised: 03/17/2011
C. Weserve Area Uses:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for the preserve area depicted on the RPUD Master Plan other than the following:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Any other conservation related use that is determined to be comparable to the foregoing
by the Board of Zoning Appeals, pursuant to the process outlined in the Land
Development Code (LDC).
D. Development Density
1. A maximum of 125 Single - Family Residential dwelling units for all Single - Family tracts
within the HD Development RPUD.
2. A maximum of 33 Multi - Family.
3. A maximum of 158 dwelling units shall be constructed in the Residential Areas of the
project. The gross project area is 65.29 ± acres and the residential density maximum
shall be 2.42 units per acre.
HD Development RPUD - PUDZ- PL2010 -1054 Page 2 of 11
Last Revised: 03/17/2011
It
EXHIBIT "B"
DEVELOPMENT STANDARDS
HD DEVELOPMENT RPUD
Development of the HD Development RPUD shall be in accordance with the contents of this Ordinance
and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of
issuance of any development order, such as, but not limited to, final subdivision plat, final site
development plan, excavation permit, and preliminary work authorization, to which such regulations
relate. Where these regulations fail to provide developmental standards, then the provisions of the most
similar district shall apply.
Table I below sets forth the development standards for residential land uses within the HD Development
RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the
LDC in effect as of the date of approval of the SDP or subdivision plat.
Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right -of -way, the setback is measured from the
adjacent right -of -way line.
2. If the parcel is served by a non - platted private drive, the setback is measured from the back of
curb or edge of pavement. If the parcel is served by a platted private drive, the setback is
measured from the road easement or property line, whichever is more restrictive.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Standards
Single Family
Multi Family
Minimum Lot Area
6,000 SF (per unit)
N/A
Minimum Lot Width
50' (1)
N/A
Front Yard Setback
19' (2)
15'
Side Yard Setback
1 Story
6'
7.5'
2 Story
6'
10'
3 Story
N/A
12.5'
Rear Yard Setback
Principal Structure
20' (30' adjacent to Olde
20'
Cypress PUD)
Accessory Structure
10' (20' adjacent to Olde
10'
Cypress PUD)
PUD Boundary Setback
Principal Structure
N/A
20'
Accessory Structure
N/A
10'
Lake Setback (3)
20'
20'
Preserve Area Setback
Principal Structure
25'
25'
Accessory Structure
10'
10'
HD Development RPUD - PUDZ- PL2010 -1054
Last Revised: 03/17/2011
4
Page 3 of 11
Distance Between Structures
Main/Principal
1 Story
12'
15'
2 Story
N/A
20'
3 Story
N/A
25'
Accessory Structures
10'
10'
Maximum Height
Principal Building (Actual)
40' with a max of 2 story
N/A
Principal Building (Zoned)
35'
42' with a max. of 3 stories
Accessory Building (Actual)
25'
N/A
Accessory Building (Zoned)
20'
20'
Clubhouse Building (Actual)
N/A
N/A
Clubhouse Building (Zoned)
N/A
38'
Minimum Floor Area
1600 SF
650 SF for 1 Bedroom
900 SF for 2 Bedrooms
1000 SF for 3 Bedrooms
be reduced on cul -de -sac lots and lots on the inside Dart of the curved streets by 25 %.
3. Lake setbacks are measured from the control elevation established for the lake.
A. PRESERVE AREA REQUIREMENTS
A minimum of twenty -five (25) percent of the viable native vegetation (64.9 acres), as described
in Section 3.05.07.13 of the Land Development Code, shall be provided on -site, including both
the under -story and the ground cover emphasizing the largest contiguous area possible. A total
of 16.23 acres is required to be preserved.
HD Development RPUD - PUDZ- PL2010 -1054 Page 4 of 11
Last Revised: 03/17/2011
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EXHIBIT "D"
LEGAL DESCRIPTION
HD DEVELOPMENT RPUD
Property Description:
A parcel or tract of land situated in the State of Florida, County of Collier, lying in Section 21,
Township 48 south, Range 26 east and being further bounded and described as follows:
Commencing at southwest corner of the southwest quarter of Section 21, Township 48 south, Range 26
east, thence n.00 °59'51 "w. along the west line of the southwest quarter of said section for 100.00 feet to
the northerly right -of line of a 100 feet wide drainage canal as described in deed book 43, page 251 of
the Public Records of Collier County, Florida; thence n.89 °08'23 "e. along said northerly right -of way for
330.14 feet to the southeast corner of Tract 13 of Olde Cypress, Unit One, a subdivision recorded in Plat
Book 32 at pages i through 11, inclusive, of the public records of Collier County, Florida; thence
continue n.89 °08'23 "e. along said northerly right -of -way line for 330.14 feet to an intersection with the
west line of the west half of the east half of the southwest quarter of the southwest quarter of said section
21 and to the point of beginning; thence n.00 °59'15 "w. along the west line of said fraction for 1230.24
feet to the northwest corner of said fraction and to the southerly line of the aforesaid Olde Cypress, Unit
One subdivision; thence n.89 °07'34 "e. along the southerly line of said subdivision for 1981.51 feet;
thence n.89 °08'07 "e. along the southerly line of said subdivision for 330.24 feet to the northeast corner
of the west half of the west half of the southwest quarter of the southeast quarter of said section 21;
thence s.00 °57'12 "e. along the east line of said fraction and along said subdivision line for 1230.83 feet
to the aforesaid northerly right -of -way line of a 100 feet wide drainage canal; thence s.89 °09'28 "w.
along said northerly right -of -way for 330.16 feet to the east line of the southwest quarter of said section
21; thence s.89 °08'23 "w. along said northerly right -of -way line for 1980.86 feet to the point of
beginning.
Parcel contains 65.294 acres, more or less.
HD Development RPUD - PUDZ- PL2010 -1054 Page 6 of 11
Last Revised: 03/17/2011
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE
HD DEVELOPMENT RPUD
Deviation No. 1: The Applicant is requesting a deviation from Land Development Code (LDC) Section
6.06.01. O to allow for a 50' right -of -way internal to the proposed development. This Section of the
LDC requires that a local road right -of -way be a minimum of 60 feet wide.
Justification: The internal rights of way shall be private and shall be maintained by the HOA. The
proposed deviation allows for design flexibility as well as consistency with right -of -way widths
approved for the HD Development RPUD. The reduced right -of -way width allows for single family
development within the parcel. For these reasons, the proposed deviation will not negatively impact
public health, safety or welfare.
Deviation No. 2: The Applicant is requesting relief from Land Development Code (LDC) Section
5.03.02.0 which permits a maximum wall height of six (6) feet in residential zoning districts, to allow
for a maximum height of eight (8) feet for a combination wall and berm along a portion of the southern
property line.
Justification: The proposed deviation will allow for additional visual screening and mitigation of noise
pollution resulting from traffic along Immokalee Road, a 4 -lane divided arterial roadway. Approval of
this deviation will serve to promote public health, safety and welfare, as well as enhance the HD
Development PUD and Olde Cypress Community.
HD Development RPUD - PUDZ- PL2010 -1054 Page 7 of 11
Last Revised: 03/17/2011
EXHIBIT "F"
DEVELOPMENT COMMITMENTS
HD DEVELOPMENT RPUD
1. ENVIRONMENTAL
A. The flow - way /cypress slough (FLUCCS Code 621) shall be preserved as shown on the PUD
Master Plan.
2. LANDSCAPE
A. The required 10 -foot Type A buffer required along the northern property line shall be 20 feet
wide from the western property line a distance of approximately 1,160 feet, where Treeline Drive
diverts from the east -west alignment to head northwest, as depicted in Exhibit C PUD Master
Plan. The plantings will be consistent with Exhibit G Schematic Buffer Design.
B. A combination 6 -foot precast or masonry wall and 2 -foot berm shall be required along a portion
of the southern property line, as depicted on Exhibit C PUD Master Plan. The location of the
wall is subject to approval at the time of PPL review.
3. TRAFFIC
The development of this PUD shall be subject to and governed by the following minimum stipulations.
A. Payment in Lieu of 6 -foot sidewalks and 4 -foot bike lanes for Immokalee Road frontage shall be
required. The amount shall be determined utilizing FDOT's 2008 Transportation Costs, as
amended. Payment shall be required prior to PPL approval.
B. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all
other neighboring developer(s) /property owner(s), that directly benefit from said traffic signal(s),
will be determined based upon percentage of usage /impact. The Owner, his successor, or
assign(s) agrees to contribute proportionate far share payment(s) toward traffic control
improvements at the following intersections:
1. Treeline Drive at Olde Cypress Boulevard /Logan Boulevard Extension
2. Olde Cypress Boulevard at Immokalee Road
The improvements may include, but shall not be limited to, signal installation or improvement of
existing signalization, and turn lane improvements. Payment shall be required within 90 days of the
County's request, or upon inclusion of improvements in a development order such as an SDP or Plat, or
when warrants are considered met as a result of the project's traffic. Proportionate share must be
calculated based on percentage of this project's impact on the operating capacity of the improvements.
Payment shall be made to the entity responsible for construction/ maintenance/ ownership of the
improvement(s).
For any improvements constructed by the Owner, and for any rights of way or Public Access easements
contributed by this development to Collier County, the Owner, his successor, or assign(s) agrees to
retain responsibility to operate and maintain said conveyances until such time that the Board of County
Commissioners formally accepts ownership and maintenance responsibility for of the improvements.
HD Development RPUD - PUDZ- PL2010 -1054 Page 8 of 11
Last Revised: 03/17/2011
C. A sidewalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, for the existing sidewalk/pathway servicing the existing control structure for the
Cocohatchee Canal. The granting of the sidewalk easement will not require additional buffer
width for the landscape buffer required adjacent to the canal right -of -way. Plantings shall be
placed within the remaining width of the 20 foot landscape buffer. If the area cannot be
effectively planted, no plantings shall be required for the length of the easement. The sidewalk
easement shall be provided by the Owner at no cost to the county within 90 days of the County's
request, or upon inclusion of improvements in a development order, such as an SDP or Plat.
D. A boardwalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, to allow for an elevated boardwalk adjacent to the surface water management
weir providing controlled discharge for the adjacent slough to the Cocohatchee Canal. The
easement shall be 15 feet wide and taper to the boundary within 50 feet of the end of the weir.
The granting of the boardwalk easement will not require additional buffer width for the
landscape buffer required adjacent to the canal right -of -way for portions of the buffer within the
developable portions of the PUD. Plantings shall be placed within the remaining width if the 20
foot landscape buffer. If the area cannot be effectively planted, no plantings shall be required for
the length of the easement. The Owner will cooperate with Collier County as the land owner in
securing the necessary permits for the construction of the boardwalk. The Owner shall not be
financially responsible for the permitting, wetland mitigation or construction of the boardwalk.
The boardwalk easement shall be provided by the Owner at no cost to the county within 90 days
of the County's request, or upon inclusion of improvements in a development order, such as an
SDP or Plat.
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HD Development RPUD - PUDZ- PL2010 -1054 Page 9 of 11
Last Revised: 03/17/2011
HD Development RPUD - PUDZ- PL2010 -1054 Page 9 of 11
Last Revised: 03/17/2011
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10A • Friday, February 25, 2011 • Naples Daily News
PUBLIC NOTICE PUBLIC N
NOTICE OF
PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Col-
lier County Planning Commission (CCPC) at 9:00 A.M., Thursday,
March 17, 2011 in the Board of County Commissioners meeting
room, third floor, Collier Government Center, 3299 East Tamiami
Trail, Naples FL., to consider:
PUDZ- 2005 -AR -8674: Grace Romanian Baptist Church of Naples
CFPUD. An Ordinance of the Board of County Commissioners of
Collier County, Florida, amending Ordinance Number 04 -41, as
amended, the Collier County Land Development Code, which in-
cludes the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida, by amending the appropriate zon-
ing atlas map or maps by changing the zoning classification of the
herein described real property from an Agricultural (A) zoning district
with a portion of the real property in a ST overlay (Special Treatment)
to a Community Facility Planned Unit Development (CFPUD) zoning
district with removal of the ST overlay for a project known as Grace
Romanian Baptist Church of Naples CFPUD. The project will al-
low development of a 500 seat church, a single family residence
and preschool of up to 150 students along with other permitted and
accessory uses commonly associated with a church and preschool
use. The property is located at the corner of Learning Lane and
Livingston Road in Section 13, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 12 +/- acres and by provid-
ing an effective date. [Coordinator: Kay Deselem, AICP, Principal
Planner]
All interested parties are invited to appear and be heard. Individual
speakers will be limited to 5 minutes on any item. Expert witnesses
shall be limited to 10 minutes each. Persons who have been autho-
rized to represent a group or organization should limit their presen-
tation to ten minutes. Persons wishing to have written or graphic
materials included in the CCPC agenda packets must submit said
material a minimum of 10 days prior to the respective public hear-
ing. Written comments must be filed with the Department of Zoning
and Land Development Review prior to Thursday, March 17, 2011,
in order to be considered at the public hearing. All materials used in
presentation before the CCPC will become a permanent part of the
record and will be available for presentation to the Board of County
Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier
County Planning Commission with respect to any matter considered
at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
the Collier County Facilities Management Department, located at
3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239)
252 -8380, at least two days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
LEE COUNTY
MED—RA
11
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(DRI) 9
7
12 PEZZEnND
DI cIELO
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IAL DOULEVARo
PROJECT
—
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All interested parties are invited to appear and be heard. Individual
speakers will be limited to 5 minutes on any item. Expert witnesses
shall be limited to 10 minutes each. Persons who have been autho-
rized to represent a group or organization should limit their presen-
tation to ten minutes. Persons wishing to have written or graphic
materials included in the CCPC agenda packets must submit said
material a minimum of 10 days prior to the respective public hear-
ing. Written comments must be filed with the Department of Zoning
and Land Development Review prior to Thursday, March 17, 2011,
in order to be considered at the public hearing. All materials used in
presentation before the CCPC will become a permanent part of the
record and will be available for presentation to the Board of County
Commissioners, if applicable.
If a person decides to appeal any decision made by the Collier
County Planning Commission with respect to any matter considered
at such meeting or hearing, he will need a record of that proceeding,
and for such purpose he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
the Collier County Facilities Management Department, located at
3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239)
252 -8380, at least two days prior to the meeting. Assisted listening
devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Collier County, Florida
Mark Strain, Chairman
(PLEASE PRINT CLEARLY)
MEETING DATE
AGENDA ITEM TITLE b- r
q Fm
Agenda Item # d P Z
(Circle Meeting Type) Regular Special Workshop Budget
11
14
NAME h a�n l'� 7� ADDRESS �-D �1��x 1 `f % 6 e4" � /Y( ✓-
Representing/ Petitioner: r�l p,,,, —( 14- 4 Other:
COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE (3) MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD