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CCPC Backup 03/01/2012 R & EARPLANNING COMMISSION MEETING BACKUP DOCUMENTS MARCH 1, 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MARCH 1, 2012, 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 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. Note: This item has been continued from the February 16, 2012 CCPC meeting per the applicant: PDI- PL2012 -159, The Dunes PUD, a Resolution of the Collier County Planning Commission relating to Petition Number PDI- PL2012 -159 for insubstantial changes to the Dunes Planned Unit Development Master Plan for the purpose of depicting the area for construction of a 49 slip boat dock facility in the manmade portion of the waterway labeled "Conservation Easement/Waterway" for property located at 11495 Vanderbilt Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to BDE- PL2010 -979) [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] B. Note: This item has been continued from the February 16, 2012 CCPC meeting per the applicant: BDE- PL2010 -979, Vanderbilt Partners II, LTD, represented by Timothy Hall of Turrell, Hall & Associates, Inc., is proposing a 261 -foot boat dock extension to allow a new docking facility to protrude approximately 281 feet from the Mean High Water line. The new boat docking facility is approximately 11,300 square feet of over water structure and consists of 49 boat slips. The subject property is located in the Dunes Planned Unit Development at 11495 Vanderbilt Drive, Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to PDI - PL2012 -159) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] C. VA- PL2010 -2285: Lot 80 Plantation Island - a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] D. RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established 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 C -3 zoning district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.75 +/- acres subject to conditions; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] E. CPSS- 2011 -1: A petition requesting a small scale Growth Management Plan amendment to the "Orange Blossom/Airport Crossroads Commercial Subdistrict ", to remove paragraph b., relating to transportation intersection improvements, and to remove related paragraph c.v., for property located at the southwest corner of the intersection of Airport Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East (t 10 acres). [Coordinator: Corby Schmidt, AICP, Principal Planner.] ADOPTION HEARINGS. F. Note: This item has been continued from the January 26, 2012 and February 16, 2012 CCPC meetings per CCPC. This item will be heard as an Advertised Public hearing then under Consent: A Resolution of the Board of County Commissioners proposing 2011 Evaluation and Appraisal Report (EAR) Based Amendments to the Collier County Growth Management Plan, Ordinance 89 -05, as amended, specifically amending the Capital Improvement Element, Transportation Element, Sanitary Sewer Sub - Element, Potable Water Sub - Element, Drainage Sub- Element, Solid Waste Sub - Element, and Natural Groundwater Aquifer Recharge Sub - Element of the Public Facilities Element, Housing Element, Recreation & Open Space Element, Conservation and Coastal Management Element, Intergovernmental Coordination Element, Future Land Use Element and Future Land Use Map and Map Series, Golden Gate Area Master Plan Element, Economic Element, and Public Schools Facilities Element, and furthermore recommending Transmittal of these amendments to the Florida Department of Economic Opportunity. [Coordinator: Corby Schmidt, AICP, Principal Planner] Note: This item is being continued to the March 15, 2012 CCPC meeting: G. VA- PL2011 -1410: Wahl Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL20110001410, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 15 feet to 9.3 feet on the eastern boundary of the property located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range 26 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] Note: This item is being continued to the March 15, 2012 CCPC meeting: H. BDE- PL20110001409: A Resolution of the Collier County Planning Commission relating to Petition Number BDE- PL20110001409 for a 34.6 foot boat dock extension over the maximum 20 foot limit provided in Section 5.03.06 of the Collier County Land Development Code to allow for a 54.6 foot boat dock facility in an RSF -4 zone on property hereinafter described in Collier County, Florida. [Coordinator: Michael Sawyer, Project Manager] 9. CONSENT AGENDA ITEMS A. A Resolution of the Board of County Commissioners proposing 2011 Evaluation and Appraisal Report (EAR) Based Amendments to the Collier County Growth Management Plan, Ordinance 89 -05, as amended, specifically amending the Capital Improvement Element, Transportation Element, Sanitary Sewer Sub - Element, Potable Water Sub - Element, Drainage Sub - Element, Solid Waste Sub - Element, and Natural Groundwater Aquifer Recharge Sub - Element of the Public Facilities Element, Housing Element, Recreation & Open Space Element, Conservation and Coastal Management Element, Intergovernmental Coordination Element, Future Land Use Element and Future Land Use Map and Map Series, Golden Gate Area Master Plan Element, Economic Element, and Public Schools Facilities Element, and furthermore recommending Transmittal of these amendments to the Florida Department of Economic Opportunity. [Coordinator: Corby Schmidt, AICP, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp Ann P. Jennejohn From: Sent: To: Cc: Subject: Attachments: Importance: Good afternoon, or GundlachNancy <NancyGundlach @colliergov.net> Tuesday, January 24, 2012 2:13 PM Minutes and Records Lorenz, William; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda Advertising Request for The Dunes PDI- PL2012 -159 NDN Ad PDI for CCPC 1- 24- 12.docx; BDPL10979(2x3) 11- 30- 11.pdf High Please advertise the Dunes PDI- PL2012 -159 in the NDN. Please note: This petition is the companion item to the advertising request for 11495 Vanderbilt Drive, BD- PL2010 -979, sent to you at 9:49 a.m. today. Please advertise them together. Also, I understand that we are past the NDN deadline for Friday, 1- 27 -12. Please advertise these petitions anytime on or before Tuesday, January 31, 2012. If you have any questions or comments, please feel free to contact me. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach@coIIiergov.net Under Florida Law, e -mail addresses are public records. If you do not want our e -rnail address released in response � records request, � ... o, s ..d � � .� � y y posse to a prxbiit; records do riot send electronic mail to this entity_ instead, contact this office by telephone or in writing. 1 January 24, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 28, 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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, February 16, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number PDI- PL2012 -159 for insubstantial changes to the Dunes Planned Unit Development Master Plan for the purpose of removing the conservation easement designation in the waterway and depicting the area for construction of a 49 slip boat dock facility for property located at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion to BD- PL2010 -979) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 Acct #068779 January 25, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI- PL2012 -159 (Display Ad w/Map) Companion and must be advertised with Display Notice BDE- PL2010 -979 Dear Legals: Please advertise the above referenced notice (w /map) Saturday, January 28, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500131207 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, January 25, 2012 1:14 PM To: Naples Daily News Legals Subject: PDI- PL2012 -159 (Display Notice w /Map) Attachments: PDI- PL2012- 159.doc; PDI- PL2012- 159.doc; PDI- PL2012- 159.pdf Good Morning, Please advertise the attached Display Ad w /Map on Saturday, January 28, 2012. This is a companion to the Display Notice for BDE- PL2010 -979; these two display ads must be advertised together. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 1 January 25, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Mau on January 28, 20122 and furnish proof of publication in Triplicate, to the Board Minutes and Records Department, 3299 Tamiami Trail E., Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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, February 16, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number PDI- PL2012 -159 for insubstantial changes to the Dunes Planned Unit Development Master Plan for the purpose of removing the conservation easement designation in the waterway and depicting the area for construction of a 49 slip boat dock facility for property located at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion to BDE- PL2010 -979) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 z m m m D r n M i N co VANDERBILT DRIVE (C.R.901) GOODLETTE -FRANK BLVD. (C.R.851) OaIXgyl go C = Z m <r w Z < r-z o° z >M Z7 � p to M = m r r D 70 C7 D O C7 � r N m J'Iflo N D / z � M. m -u D m C- O r- m 00 C7 < Zz om U) C M Cn O — p < ;;a _ D Z T7 p m �. C)o� vN;u N m� TAMIAMI TRAIL m (U.S. 41) _ 70 �z o DZ D �> � D Z f l .-. M co C7 U X = z N O mom J �m rnom GOODLETTE -FRANK BLVD. (C.R.851) OaIXgyl go C = Z m <r w Z < r-z o° z >M Z7 � p to M = m r r D 70 C7 D O C7 � r N m J'Iflo N 0 :v O o Z �—' 0 = C7 mmO ZDr m�r C7 O n O C0 = D D C7 m m ,-0 ND D OT D om U) T7 p C)o� vN;u N o� r �-- m m 0 :v O o Z �—' 0 = C7 mmO ZDr m�r C7 O n O C0 = D D C7 m m Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, January 26, 2012 12:24 PM To: Ann P. Jennejohn Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 Attachments: NDN240173981.pdf, NDN240173982.pdf Please review the attached display ads. The ad cost is as follows: 240173981 - $912.00 240173982 - $912.00 Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: legals .naplesnews.com www.naplesnews.com From: Cushman, Charlene Sent: Thursday, January 26, 2012 12:13 PM To: Green, Amy Subject: PROOF FOR BCC ZONING #240173981 & 982 Charlene M. Cushman Mw I+fAPLES NEWS MEDIA GROUP Naples Daily News 1100 Immokalee Road Naples, FL 34110 239 - 435 -3488 cmcushmanCalnaplesnews.com 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, February 16, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number PDI- PL2012 -159 for insubstantial changes to the Dunes Planned Unit Development Master Plan for the purpose of removing the conservation easement designation in the waterway and depicting the area for construction of a 49 slip boat dock facility for property located at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion to BDE- PL2010 -979) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] COCOHATLHEE BAY PROJECT LO AT ION 20 THE 21 22 COLLIER HEALTH DUNES VANDE ILT VILLAS COLLIER CENTER SHO E COLLIER PZ 2A TRACT )22 = LAKE TRACT 21 y, VILLAS NAPLES- IMMOKALEE COVENTRY GR ANA A CREEKSIDE SOUARE SHOPP S COMMERCE ST. JOHN PARK THE EVANGELIST 29 CATHLIC CHURCH NAPLES ~ DAILY NEWS Y VANDERBILT 0 U 28 27 fL BEACH zz ESTATES ? "PARKB < ° PELICAN U < = MARSH W (DR') p p 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 No 240173982 January 29 2012 Ann P. Jennejohn From: GundlachNancy < NancyGundlach @colliergov.net> Sent: Thursday, January 26, 2012 1:32 PM To: Ann P. Jennejohn Cc: Bellows, Ray Subject: RE: Advertising Request for The Dunes PDI- PL2012 -159 Ann, That sounds good to me. Please "go for it! Thanks, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 From: Ann P. Jennejohn jmai Ito: Ann .JennejohnC@collierclerk.coml Sent: Thursday, January 26, 2012 1:08 PM To: GundlachNancy Subject: RE: Advertising Request for The Dunes PDI- PL2012 -159 Hi Nancy, Is it alright if those BDE and PDI Display Ads run this Sunday January 29th? There is no difference in price. I didn't think there'd be a problem with that, but thought I should confirm it with you. Please let me know when you get a free minute. Thanks Nancy! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) From: GundlachNancy jmailto:NancyGundlach @ coiliergov.net], Sent: Wednesday, January 25, 2012 8:30 AM To: Ann P. Jennejohn I Ann P. Jennejohn From: GundlachNancy < NancyGundlach @colliergov.net> Sent: Thursday, January 26, 2012 2:06 PM To: Ann P. Jennejohn Subject: RE: PROOF FOR BCC ZONING #240173981 & 982 Hi Ann, The ad's look good. Please proceed. Thanks, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @colliergov.net From: Ann P. Jennejohn jmailto:Ann.Jennejohn @ collierclerk.com] Sent: Thursday, January 26, 2012 1:59 PM To: GundlachNancy Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 Hi again, I'm sure glad you said Sunday was o.k., because when she called I told her to just get going on it and I would check with you. So, here are the "proofs" for your approval. I really thought the charges would be a little higher for an ad published on Sunday .... it's good to know that they're not! Thanks again O Ann From: Green, Amy [mailto:AGreen @Naplesnews.com] Sent: Thursday, January 26, 2012 12:24 PM To: Ann P. Jennejohn Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 1 Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, January 26, 2012 2:30 PM To: Ann P. Jennejohn Subject: RE: PROOF FOR BCC ZONING #240173981 & 982 They're scheduled to publish on Sunday and they will print side by side. Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: legals(a�naplesnews.com www.napiesnews.com From: Ann P. Jennejohn [mailto: Ann .Jennejohn(cbcollierclerk.com] Sent: Thursday, January 26, 2012 2:15 PM To: Green, Amy Subject: RE: PROOF FOR BCC ZONING #240173981 & 982 Looks great @ Please publish them on Sunday. I forgot to ask you Amy, was there going to be a problem running the two display notices side -by -side? Thanks for your help Amy. Ann From: Green, Amy [mailto:AGreen @Naplesnews.com] Sent: Thursday, January 26, 2012 12:24 PM To: Ann P. Jennejohn Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 Please review the attached display ads. The ad cost is as follows: 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Debbie Landreth, who on oath says that she serves as the Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on January 29, 2012 giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the saidgewspapej. ( Signature of affianf Sworn to and subscribed before me This 16th day of February, 2012 (Signature o notary public) n ^..,ncacnnesc,a na ac ea ^n®v.'.ire =^e ^.G ^. ^. ^e� ^•,e SUSAN D. FLO A „ "','•A, Cornet# DD0847363 Expires 1/2x2013 FWrida Notary Assn..Inc ��Yy' �Yi��ffi�pMi4 #YYMGt7khartr!eM+"' 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, February 16, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution of the Collier County Planning Commission relating to Petition Number PDI- PL2012 -159 for insubstantial changes to the Dunes Planned Unit Development Master Plan for the purpose of removing the conservation easement designation in the waterway and depicting the area for construction of a 49 slip boat dock facility for property located at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion to BDE- PL2010 -979) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] COCOBMAAYCHEE PROJECT LOCATION COLLIER .� 2D THE 21 22 HEALTH UN VANOE ILT VILLAS COLLIER CENTER a NORTH COLLIER PLAZA TRACT 22 SHORE TRACT 21 21 - CDRI) NAPLESIMMOKALEE VILLAS ROAD (C. R. 818) o COVENTRY GRANA A CREEKE SIDE COP MAR JOHN SQUARE sHOPP S ST, THE EVANGELIST 29 � CATHLIC CHURCH NAPLES DAILY NEWS U �... VANDERBILT 28 27 BEACH ZG NAPLES Q e PELICAN U ESTATES ¢ PARK y MARSH a (DRI) % 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 No. 240173982 __ January 29 2012 WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW CRAIG R WOODWARD February 27, 2012 Board Certified: Real Estate MARK J. WOODWARD Board Certified: Real Estate ANTHONY P PIRES, JR. Board Certified: City, Cormty, Collier County Planning Commission aad Local Govemrnenr 3299 Tamiami Trail East J. CHRISTOPHER LOMBARDO Naples, Florida 34112 Board Cemfied: Marital and Family Law STEVEN V. BLOUNT Re: PDI- PL2012 -159; The Dunes PDI CABBIE E. LADEMAN CARLO F. ZAMPOGNA Dear Commissioner: This letter is being sent on behalf of the Vanderbilt Beach Residents JENNIFER L.DEVRIES Association, Inc. ( "Residents Association ") and the individual residents of JENNIFER M. TENNEY Vanderbilt Surf Colony and Gulf Breeze at Vanderbilt listed on the attached Exhibit "A -1 (the "Residents ") with regards to the above referenced application currently scheduled for your consideration on March 1, 2012. The Residents Association is a not - for - profit Florida Corporation. Property owners living within the area bounded on the South by Vanderbilt Beach Road; on the North by Wiggins Pass Bridge / Wiggins Pass; on the West by the Gulf of Mexico; and, on the East by Vanderbilt Drive; are eligible to join and become members of the Residents Association. At the present time the Residents Association has 1,022 paid members. The mission of the Residents Association is as outlined on the attached Exhibit "A -2 ". Vanderbilt Surf Colony and Gulf Breeze at Vanderbilt are adjacent to The Dunes PUD. See attached Exhibit "A -3 ". The Residents Association: 1. objects to any consideration of PDI- PL2012 -159 on March 1, 2012, for failure to comply with the essential requirements of law, REPLY TO: failure to provide proper notice and failure to afford due process. 2. objects to the Collier County Planning Commission (CCPC) ❑ 3200 TAMIAMI TRAIL N. SUITE 200 consideration of either the Original PDI or Revised PDI [described NAPLES. FL 34 239- 66 49 -65555 55 below] as an insubstantial change. The requested changes to 239 - 649 -7342 FAX The Dunes PUD master plan are substantial, and thus the ❑ 606 BALD EAGLE DRIVE substantial change procedures of the Land Development Code so "LDC ( ") must be followed. P.O. ox MARCO ISLAND, FL 34146 3. objects to the consideration of PDI- PL2012 -159, for failure to 239 - 394 -5161 239 - 642 -6402 FAX have all title holders to the subject property join in the application(s). WWW.WPL— LEGAL.COM INITIAL NOTICE, PROCEDURAL, SUBJECT MATTER AND CONTENT ISSUE The 'original" PDI application was first submitted to Collier County on or about February 1, 2012 [the "Original PDI ", see Exhibit "B "]. Legal notice of the February 16, 2012 CCPC hearing as to what was proposed in the Original PDI was published in the Naples Daily News on January 29, 2012, and mailed to surrounding property owners on January 27, 2012. ' [see Exhibit "C "] On February 16, 2012, consideration of the Original PDI was continued until the March 1, 2012 CCPC meeting. The next day, February 17, 2012, a "revised" PDI application was purportedly submitted to Collier County [ the "Revised PDI ", see Exhibit "D "]. Not until February 22, 2012 did Collier County staff advise of and provide a copy of the "revised" application, the Revised PDI, stated to have been submitted to Collier County on February 17, 2012. [see Exhibit "E "] Thus at the outset it is disconcerting that this application, with the magnitude of potential adverse impacts, is being raced through a slapdash "review" and possible approval process. As a result of the ever - shifting nature of what is being requested and noticed in the PDI, neither my client(s), the surrounding communities, affected property owners or the public have been able to properly evaluate the proposed PDI. As a result of the differing versions of the PDI, revised master plan and published notices, the CCPC hearing set for March 1, 2012 should be cancelled and once it is determined what constitutes the "real" application, proper notice(s) provided and the proper hearing(s) held. If the CCPC hearing on the any PDI for The Dunes is to go forward on March 1, 2012, the Residents Association, while maintaining its objection and while reserving the right to raise and assert additional issues at public hearings, based upon the forgoing and the issues outlined below, objects to the CCPC consideration of either the Original PDI or Revised PDI as an insubstantial change. The requested changes to The Dunes PUD master plan are substantial, and thus the substantial change procedures of the LDC must be followed. 1. The Pending, Changing Application(s) As noted above, on or about February 1, 2012, Vanderbilt Partners II, Ltd., (the "Applicant') submitted the Original PDI, for an "Insubstantial Change to PUD Master Plan (PDI)" for The Dunes, PUD #2000 -74. The Original PDI states that the master plan change is for the purpose of: removing the conservation easement designation Note that the legal notice was published before and the letter to nearby property owners is dated before the Original PDI application was submitted to Collier County. 2 in the waterway and depicting the area for construction of a 49 slip boat dock facility. On February 9, 2012 a Neighborhood Information Meeting (NIM) was advertised for the revision requested by the Original PDI [see attached Exhibit "F" J. As the notice for the first NIM was not timely published, a second NIM was scheduled for February 27, 2012, and the advertisement for the second NIM was published on February 20, 2012 [see attached Exhibit "G "]. However, the subject matter of the second NIM, being held only three (3) days before the March 1, 2012 CCPC hearing, is different than that of the first NIM. The notice for the second NIM states that the revision is an amendment to the master plan: for the purpose of identifying the area in which boat docks can be constructed. On February 17, 2012, the Applicant assertedly submitted the Revised PDI, for an "Insubstantial Change to PUD Master Plan (PDI)" for The Dunes, PUD #2000 -74. The Revised PDI provides yet another version of what is proposed as it states that the master plan change is: To identify the area for construction of a 49 slip boat dock facility. However, the Staff Report signed by the Principal Planner for this project on February 12, 2012, five (5) days before the Revised PDI was submitted to Collier County, describes yet another version [not listed in any published notices] of the proposed revisions to the PUD master plan: • depict a 49 slip boat dock facility with a fishing pier, • depict boardwalk/cart access to the boat dock facility from the residential buildings, and • add the following [new] note: "The area depicted as conservation ea semen t/waterway will allow the installation of boat docks as an accessory use to residential units and permit the use of the conservation ea sement/waterway for boating and other recreational activities. No boat docks shall be permitted within Water Turkey Bay." [see attached Exhibit "H "] As a result of the differing versions of the PDI, revised master plan and published notices, the CCPC hearing set for March 1, 2012 should be cancelled and once it is determined what constitutes the "real" application, proper notice(s) provided and the proper hearing(s) held for a substantial change to the master plan. 9 2. The Proposed Change(s) Are Substantial Change(s) As Boat Docks Are Not Currently A Permitted Use In The Proposed Location In Either The Current Text or Current Master Plan of The Dunes PUD In all events it is clear that the proposed revisions, whether they are the first version or the "latest" version, amend the PUD master plan to add uses to areas of The Dunes PUD that do not exist in the current PUD, results in an increase in the intensity of land use within the development; and thus the proposed changes qualify as substantial change(s) to the PUD master plan. Any substantial change(s) to an approved PUD master plan requires the review and recommendation of the Planning Commission and approval by the Board of County Commissioners [see LDC Section 10.02.13.E.1., attached Exhibit "I "] For purposes of Section 10.02.13.E.1 of the LDC a substantial change is deemed to exist where: A. there is a proposed increase in the intensity of land use within the development; or, B. there is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; or, C. there is a proposed increase in the size of areas used for nonresidential uses or a proposed relocation on nonresidential land uses; or, D. the change will bring about a relationship to an abutting and use that would be incompatible with an adjacent land use; or, E. any modification to the PUD master plan which would increase the density or intensity of the permitted land uses. The Dunes PUD outlines various land uses and details permitted uses. The text of Section 2.10 of The Dunes PUD outlines general permitted uses throughout the PUD. Neither docks or boathouses are referenced or listed in Section 2.10. Nor are docks or boathouses listed as permitted uses in the Preserve District, either in the text or on the master plan. Further, there is no mention or depiction of boat docks or boathouses anywhere on the current master plan and specifically no mention or depiction as to being allowed in the "Conservation Easement/Waterway" / "Manmade Waterway" areas. Boathouses and docks are only listed as permitted accessory uses solely in the Residential Development Areas. [see Section 3.4(8)(2) of the PUD]. In Section 4.3A.1 of The Dunes PUD, boardwalks are listed as a permitted principal use in the Preserve District 11 The proposed change(s) to the PUD master plan to add docks and boathouse as allowed uses in the "Conservation Easement/Waterway "/"Manmade Waterway" areas are substantial change(s). It is interesting to note that when The Dunes PUD was amended in 2000, a 1999 Environmental Impact Statement [EIS] that was prepared and submitted as part of the 2000 amendment mentioned and addressed impacts of a boardwalk and a gazebo but did not mention or address impacts of boat docks. See attached Exhibit "J ". The Original PDI would decrease conservation area of greater than five (5) acres; proposes an increase in intensity of land use within The Dunes PUD; and will increase the size of areas used for nonresidential uses. Thus the Original PDI is a substantial change. The Revised PDI document proposes an increase in intensity of land use within The Dunes PUD by adding and authorizing additional uses of land not currently permitted. The changes outlined in the Staff Report would result in an increase of intensity of land uses within The Dunes PUD by adding and authorizing additional uses of land not currently permitted. For all of the foregoing, the proposed changes are substantial changes and the Applicant must proceed under the portions of the LDC applicable to substantial changes, including filing the proper application, conducting the proper NIM and providing for the review and recommendation of the Planning Commission and approval by the Board of County Commissioners. 3. THE PDI IS DEFICIENT AS THE STATE OF FLORIDA HAS NOT JOINED IN THE SUBMITTAL The stated Applicant as asserted in both PDI submittals that it is the owner of the subject property. However, the Applicant has previously agreed to the following, in Letter of Consent Condition #2 to South Florida Water Management District (SFWMD) Permit #11- 01725 -P (Application #041029 -4) issued July 8, 2009: "Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high water line are vested in the Board and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof." [ see attached Exhibit "K "] The "Board" is the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. The Board as the property owner has not joined in either PDI, an thus the application(s) are deficient. For all of the foregoing, and for other reasons that may be raised at the CCPC hearing on March 1, 2012, if this matter is considered by the CCPC on March 1, 2012, the pending PDI should be rejected and denied. Enclosure(s) cc: Nancy Gundlach, Ray Bellows, Heidi Ashton, Jeff Klatzkow INSUBSTANTIAL CHANGE SUMMARY OF OBJECTIONS BY ANTHONY P. PIRES, JR ON BEHALF OF NOTED PARTIES Re: PDI- PL2012 -159; The Dunes PDI • object to any consideration of PDI- PL2012 -159 on March 1, 2012, for failure to comply with the essential requirements of law, failure to provide proper notice and failure to afford due process. object to the Collier County Planning Commission (CCPC) consideration of either the Original PDI or Revised PDI [described below] as an insubstantial change. The requested changes to The Dunes PUD master plan are substantial, and thus the substantial change procedures of the Land Development Code ( "LDC ") must be followed. • object to the consideration of PDI- PL2012 -159, for failure to have all title holders to the subject property join in the application(s). • As a result of the differing versions of the PDI, revised master plan and published notices, the CCPC hearing set for March 1, 2012 should be cancelled and once it is determined what constitutes the "real" application, proper notice(s) provided and the proper hearing(s) held. On or about February 1, 2012, Vanderbilt Partners II, Ltd., submitted the Original PDI, The Original PDI states that the master plan change is for the purpose of: removing the conservation easement designation in the waterway and depicting the area for construction of a 49 slip boat dock facility. The subject matter of the second NIM, being held only three (3) days before the March 1, 2012 CCPC hearing, is different than that of the first NIM and the Original PD: D for the purpose of identifying the area in which boat docks can be constructed. On February 17, 2012, the Applicant assertedly submitted a Revised To identify the area for construction of a 49 slip boat dock facility. The Staff Report signed by the Principal Planner for this project on February 12, 2012, describes yet another version of the proposed revisions to the PUD master plan: • depict a 49 slip boat dock facility with a fishing pier, • depict boardwalk/cart access to the boat dock facility from the residential buildings, and • add the following [new] note: "The area depicted as conservation easement/waterway will allow the installation of boat docks as an accessory use to residential units and permit the use of the conservation easement/waterway for boating and other recreational activities. No boat docks shall be permitted within Water Turkey Bay." The Proposed Change(s) Are Substantial Changes) As Boat Docks Are Not Currently A Permitted Use In The Proposed Location In Either The Current Text or Current Master Plan of The Dunes PUD • adds uses to areas of The Dunes PUD that do not exist in the current PUD, results in an increase in the intensity of land use within the development; and thus the proposed changes qualify as substantial change(s) to the PUD master plan. • there is a proposed increase in the intensity of land use within the development. • there is a proposed increase in the size of areas used for nonresidential uses or a proposed relocation on nonresidential land uses. • the change will bring about a relationship to an abutting and use that would be incompatible with an adjacent land use • is a modification to the PUD master plan which would increase the intensity of the permitted land uses. • Neither docks or boathouses are referenced or listed in Section 2.10 of The Dunes PUD. • Docks or boathouses are not listed as permitted uses in the Preserve District, either in the text or on the master plan. • There is no mention or depiction of boat docks or boathouses anywhere on the current master plan and specifically no mention or depiction as to being allowed in the "Conservation EasementANaterway "/ "Manmade Waterway" areas. • Boathouses and docks are only listed as permitted accessory uses solely in the Residential Development Areas. [see Section 3.4(8)(2) of the PUD]. In Section 4.3A.1 of The Dunes PUD, boardwalks are listed as a permitted principal use in the Preserve District. • When The Dunes PUD was amended in 2000, a 1999 Environmental Impact Statement [EIS] that was prepared and submitted as part of the 2000 amendment mentioned and addressed impacts of a boardwalk and a gazebo but did not mention or address impacts of boat docks. The Original PDI would decrease conservation area of greater than five (5) acres; proposes an increase in intensity of land use within The Dunes PUD; and will increase the size of areas used for nonresidential uses. Thus the Original PDI is a substantial change. The Revised PDI document proposes an increase in intensity of land use within The Dunes PUD by adding and authorizing additional uses of land not currently permitted. The changes outlined in the Staff Report would result in an increase of intensity of land uses within The Dunes PUD by adding and authorizing additional uses of land not currently permitted. THE PDI IS DEFICIENT AS THE STATE OF FLORIDA AS OWNERHAS NOT JOINED IN THE SUBMITTAL The Applicant has previously agreed to the following, in Letter of Consent Condition #2 to South Florida Water Management District (SFWMD) Permit #11- 01725 -P (Application #041029 -4) issued July 8, 2009: "Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high water line are vested in the Board and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof." • The "Board" is the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. • The Board as the property owner has not joined in the PDI, and thus the application(s) are deficient. EXHIBIT A -1 Wilbur and Carol Kanak 17 Bluebill Ave, Naples, FL 34108 #401 Carl & Marie Knudsen 17 Bluebill Ave, Naples, FL 34108 #104 Harold & Barbara Linnerud 17 Bluebill Ave, Naples, FL 34108 #106 Ron & Barb Miner 11 Bluebill Ave, Naples, FL 34108 #801 Robert & Ruth Rittermyer 17 Bluebill Ave, Naples, FL 34108 #201 William Sjostrom 25 Bluebill Ave Naples, FL 34108 #203 Jim & Susan Snyder 17 Bluebill Ave, Naples, FL 34108 #803 EXHIBIT b 35 EXHIBIT A -2 Mission Our Mission Up Hext Page 1 of 1 The Vanderbilt Beach Residents Association shall encourage and promote the proper development of the Vanderbilt Beach area as a choice residential and recreational community and to take whatever actions may be deemed necessary to achieve such purpose including, but not limited to, the presentation of Association points of view to appropriate governmental or other bodies; the establishment of desirable activities to promote the general welfare of the Association members; and the ownership and use of real or personal property. http: / /www.vbra.org /mission.htm E-X. IBIT z 2 /20/2012 Vanderbilt Beach Residents Association, Naples, Florida, USA Home Who we are Join Us! Newsletters M STU Other Links Vanderbilt Beach Residents Association ".. Current Newsletter Contact Us', VANDERBILT BEACH - TODAY AND TOMORROW Our Mission History Our Pride ` Legal Documents The Board Page 1 of 1 Vanderbilt Beach affords a pleasant residential environment and extensive recreational resources. Our residents include many people who live and work in the area year round, retirees who live here either full time or seasonally, and also the multitudes of visitors who flock here to enjoy the beautiful weather and our world- renowned beach and resorts. Vanderbilt Beach is now considered to be one of the finest communities in southwest Florida, if not the country. Like much of Collier County, we have experienced major growth in the past decade. The area covered by VBRA now pays over $10 million annually in taxes. The last two large parcels of land for new development were built out in the recent past. It will not be long before there is total build -out on both the beach and the lagoons. The prices of many of the residences now being constructed easily exceed the two - million - dollar mark. As empty lots become scarce, building sites are being recycled as older homes and buildings are torn down to make room for new. Our area is unique in the fact that residential sites and tourist accommodations lie in close proximity. So far, a balance has been kept between the two uses. However, as land has become scarce and the desirability of the area has increased, competition for space has escalated. Our attention is focused sharply on maintaining and preserving the character, beauty and livability of our neighborhood. Current projects of the VBRA Board reflect these priorities. What are our major initiatives? ? Influencing changes in the Land Development Code to reflect sensible building and development rules ? Insuring regulatory compliance by those constructing buildings and ancillary structures like docks and out - buildings ? Undertaking projects that protect the health, safety, and well being of residents are our top priorities ? Efforts to beautifv and maintain our residential areas and natural -1 http: / /www.vbra.org/ 2/20/2012 EXHIBIT A -3 Page 1 of 1 EXHIBIT .9 3 A http://maps.collierappraiser.com/output/Collier-201 IsdeO28508265235291 jpg 2/27/2012 EXHIBIT V COLEMAN., YOVANOVICH & KOESTER9 P.A. Kevin G. Coleman Richard D. Yovanovich Edmond F. Koester William M. Burke Gregory L. Urbancic Matthew L. Grabinski Writer's Email. ryovanovich@cykiawfirm.com Nick Casalanguida. Deputy Administrator Collier County Transportation 2800 Horseshoe Drive Naples, Florida 34104 ATTORNEYS AT LAW NORTHERN TRUST BANK BUILDING 4001 TAMIAMt TRAIL NORTH SUITF 300 NAPLFS, FLORIDA 34103 239435-3535 239-435-1218 FACSIMILE www.cykiawfinn.com January 31, 2012 Linda C. Brinkman Craig D. Grider Matthew M. Jackson Jeffrey J. Beihoff Harold J. Webre Caroline M. Magliolo Charles A. B. Thomson David Kerern Qf Counsel: Kenneth R. Johnson Via Email: nickcasalanguida@colliergov.net Re: Dunes Boat Dock Extension- BD-PL2010-979 11495 Vanderbilt Dr. (The Dunes Boat Dock Extension) and PDI-PL2012-159 (The Dunes PUD) Dear Mr. Casalanguida As you know, Vanderbilt Partners 11 developed the Dunes community, The community was developed pursuant to the Dunes PUD which was adopted by Board of County Commissioners (BCC) as Ordinance number 2000-74. During the public hearing process for the adoption of the Dunes PUD, there was detailed discussion regarding the maximum number and the location of boat docks to serve the residents of the community. The developer committed to a maximum number and agreed to prohibit boat docks in Water Turkey Bay. In Section 3.4. (b) of the PUD specifically authorizes boat docks as an accessory use to the residential uses and specifically provides that the boat docks will be approved pursuant to Section 2.6.21 of the Collier County Land Development Code which was the then existing boat dock extension process. It is clear that the BCC intended for the boat docks to be reviewed and approved pursuant to the existing LDC procedures applicable to boat dock extensions. Vanderbilt Partners 11 has obtained the required State approvals. About a year ago Vanderbilt Partners 11 submitted a boat dock extension petition (BD-PL2010-979). Just prior to BD- PL2010-979 11495 going to the Collier County Planning Commission, County Staff and the County Attorney received objections from the neighbors questioning the process to be followed. The County has now decided that an insubstantial change to the PUD Master Plan must also occur in order for the boat docks to be approved. Staff bases this determination on the EXHIBIT January 30, 2012 2 designation of the waterway as both a conservation area and a man made waterway. This very designation existed in the Dunes PUD at the time the BCC approved 3.4 (b) of the PUD clearly the board knew this area was designated as a conversation easement/waterway when the BCC referenced the existing boat dock extension procedures for the review and approval of the boat docks. The board never intended for the developer to come back and amend the PUD Master Plan as is currently being required by staff. In addition, this very designation existed when the community to the west obtained permits to construct boat docks, Therefore, this designation has not hindered others from obtaining boat docks. My client disagrees with the County's additional requirement. In an attempt to mitigate its damages, my client is submitting a petition for an insubstantial change to the PUD Master Plan under protest. My client reserves its rights to challenge the requirement to submit this petition in the future. Sincerely, Richard D. Yov�;Vich RDY/dq CA(er G'OuntY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 W Ivnel S2.collierao- AFFIDAVIT Vanderbilt Partners 11 LTD being first duly sworn, depose and say that We/I;_--, the subiect matter of the we/I am/ are the owners of the property described herein and which is proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Karen Bishop of PMS Inc. of Naples to act as our/my As property ner We/I further au e i�—.— representatj e in )ters rec. his Petition. Sig t Signature of Property Owner 771 f r 1- S A'� (2- Typed or Printed Name of Owner Ty d o5 Printed Natne of 0 y 2017— The foregoing instrument was acknowledged before me this day of q g- b )(S,JA y PS,��.who is personally known to me or has produced identification. 11 State of Florida (Signature of Notary Public - State of Florida) County of Collier MICHEUE K QUIEVEDO My COMMISSION I OD 967320 EXPIRES: AP61 19, 2014 801!W Tft k* Idly kw." (Print, Type, or Stamp Commissioned Name of Notary Public) August 30, 2010 Co)*E6-r COU14ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 -6358 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252 www.collier ov,net AFFIDAVIT Vanderbilt Partners 11 LTD being first duly sworn, depose and say that We 1 /11 we/l am/are the owners of the property described herein and which is the subject matter o f t he proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part wledge and belief, We/l understand of this application, are honest and true to the best of our kno that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. Richard Yovanovich to act as our /'my As property owner We/I further authorize an Kmatte -S-4 Fing this Pet repAresentati in an matter this Petition. L/ C.� _77_ 'v r7 tu S 16,.� signature of Property Owner Sic of Pr ner Ut t re -fW Typed or Printed Notre of Owner v Typed or & Printed �Nqrne of L-7- 0 04 Y The foregoing instrument was acknowledged be fore me this day of by _ who is personally known to rr.e or has produced identification. State of Florida County of Collier 1_1� M �10J (Signature of NotIary Public k WEVIW - State of Florida) �Iply ftk ..... . MCHBIE MyWMMlSSK)N#DD967V0 EXPIRES: April 19, 2014 0-W Nat" somm (Print, Type, or Stamp Commissioned Name of Notary Public) August 30, 2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 MLw�wxollfi�erov _�net INSUBSTANTIAL CHANGE TO PUD MASTER PLAN (PD0 Insubstantial revisions to PUD zoning districts may only be made if they can be accomplished by amending the PUD Master Plan pursuant to Section 10.02.13.E.2 of the Collier County Land Development Code. Any change to the PUD Master Plan must clearly be supported by the PUD document. To initiate a request for Insubstantial Change to the PUD Master Plan, you must first request a pre-application meeting with a planner. Pre-application meetings are mandatory and can be initiated by telephone by calling 239403-2400, in person of the front counter in the Development Services Center or on-line. The pre-application fee is $500-00 (to be credited toward application fee upon submittal. Simply ask to complete a Pre-Application Request Form. You may also request a pre-application meeting on-line at www.collier- gy.net, Zoning Department webpage. Within forty-eight hours (two working days) you will receive a call from the Zoning Department to set up a pre-application meeting. Pre-application meetings are held at the development services center in order to allow all appropriate County review staff to attend. Feel free to bring along anyone you would like to have present. At the pre-application meeting County staff will review the proposed request, review the application packet, indicate exactly which submittal items are required, and in what quantities, and provide tentative dates for public hearings. Note: These submittal requirements vary from petition to petition so it is advisable to hold off on completing the application packet until after the pre-application meeting. At the pre-application meeting you will receive written submittal requirements (Pre-Application Notes) from the various County staff members in attendance. After submission of the completed application packet accompanied by a check for required fees (see attached submittal checklist), you will receive a mailed response within ten (10) days notifying you that your petition is being processed. Accompanying that response will be a receipt for your payment and the tracking number (e.g., PDI-03-AR-0001) assigned to your petition. This petition tracking number should be noted on all future correspondence regarding your petition. The Zoning Department will provide for notification of surrounding property owners within 500 feet of the subject property and newspaper advertising as required by the Collier County Land Development Code (LDC). Your petition will be advertised in the local newspaper at least fifteen (1 5) days prior to the hearing date, and you will be notified at this time by mail of your hearing date. The hearing will be before the Collier County Planning Commission (CCPC) which is advisory to the Board of Zoning Appeals. The CCPC generally meets on the first and third Thursday of each month, at 8:30 A.M. in the Board Hearing Room on the third floor of the Administration Building at the government complex. It is expected that you and/or your agent attend this hearing. If you have any further questions please contact the Zoning Department at 239-403-2400. August 30, 2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www collierctov. net INSUBSTANTIAL CHANGE DETERMINATION TO PUD MASTER PLAN and PUBLIC HEARING BEFORE COLLIER COUNTY PLANNING COMMISSION PROJECT NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S)_. VANDERBILT PARTNERS 11 LTD ADDRESS 1 1125 GULF SHORE DRIVE SUITE 308 CITY NAPLES STATE fL ZIP _ 34108 TELEPHONE # 239 -566 -2800 CELL # FAX # 239 -166 -3840 E -MAIL ADDRESS: KASIGCO� COM Is the applicant the owner of the subject property? E Yes ❑ No ❑ (a) If applicant is a land trust, so indicate and name beneficiaries below. ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ® (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) if applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (if space is inadequate, attach on separate page.) NAME Of AGENT KAREN BISHOP PMS INC. OF NAPLES ..... ADDRESS 2335 TAMIAMI TR. N. #408 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # __. 239- 435 -9080 EAT 3 CELL # 239- 825 -7230 FAX # _ 239- 435 -9082 August 30, 2010 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION CoSey COU14ty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 AKWW.Collie rq _ nel o—v E-MAIL ADDRESS: —.K—ARENBISHOP@PMS_NAPLES.C—OM-- PUD ORDINANCE NAME AND NUMBER: — — — The Dunes PUD # 2000-74 Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be graphically illustrated on Amended PUD Master Plan). If portion of PUD, provide legal for subject portion. Provide Written Description of Map Change removing the conservation easement designation in the waterway and deaicting the area for construction of a 49 slip boat dock facility (if space is insufficient use attachment) Does amendment comply with the Comprehensive Plan? N Yes ❑ No If no, explain: Has a public hearing been held on this property within the lost year? ❑ Yes N No If so, in whose name? Has any portion of the PUD been ❑ SOLD and/or Z DEVELOPED? Are any changes proposed for the area sold and/or developed? ❑ Yes Z No If YES, describe (attach additional sheets if necessary) August 30, 2010 Co er County 2800 NORTH HORSESHOE DRIVE COLLIER COUNTY GOVERNMENT FLORIDA , L NAPES 34104 GROWTH MANAGEMENT DIVISION/ NAP ES, F 00 FAX (239) 252 -6358 PLANNING AND REGULATION www.colliergov.net PUD AMENDMENT INSUBSTANTIAL ( DI) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W %COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED REQUIREMENTS # OF COPIES SUBMITTED NOT REQUIRED {i additi�,n py if located in Immokolee} {t additi if for affordable housing) ❑ Com feted A lication {download from website for current form} ❑ ❑ Current Master Plan & 1 Reduced Copy ❑ Revised Master Plan & 1 Reduced Ca ❑ Detailed descri tion of wh amendment is necessar ❑ hT Detailed descri tion of ro osed than es ❑ List identif in Owner &all arties of cor oration 2 2 ❑ Owner A ent Affidavit si ned & notarized Copy of completed Addressing Checklist Copy of 8 1 /2" X 1 I" graphic. location map of site ❑ ❑ ❑ Project Narrative Fee Calculations: El ❑' Proper (to be $1,500.00 (Insubstantial) $100.00 Fire Code Review Fee $500.00 Pre - application fee {Applications submitted 9 months or more after the date of the lost pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.} $925.00 Legal Advertising Fee — CCPC meeting Other _, Fee Total $ Owner Notifications: of Signature $1.50 Non - certified $3.00 Certified return receipt mail ice from Planning Department) Date August 30, 2010 . •. . . . . . . . . . . . ------ ... . . . . . . . 'Vl� 'A Po USE AREAS cT •cgR,N� . . . . . . . . . . . . \ PRESERVE WATER TLIRKEY BAY . . . . . . . . . . . . . . . . . . . . . . j. . . . . . Rl tD R' LOCA71 P" KFY aAY PUD MASTER PLAN - EXHIBIT A . EXHIBIT . . ......... . .. . ......... -, F714L OONES - PUO VO MASTER PLAN F.)(091T A "'NAM WA'WMAY L - - - R2 R3 'i w► PUD MASTER PLAN - EXHIBIT A . EXHIBIT . . ......... . .. . ......... -, F714L OONES - PUO VO MASTER PLAN F.)(091T A Ism parer ;MASTER EXHIBIT MGM T t ;MASTER EXHIBIT SECTION I PROPERTY OWNERSHIP, LEGAL AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of THE DUNES. 1.2 LEGAL DESCRIPTION All of Wiggins Pass Landings Unit No. 1 Addition, according to the plat therof recorded in plat book 10, at page 81 of the Public Records of Collier County Florida, and all of Wiggins Pass Landings Unit No. 1, according to the plat thereof recorded in plat book 10, at page 44 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the southeast corner of lot 4 of said Wiggins Pass Landings Unit No. 1 Addition; thence N.89 052'20 "W, along the southerly line of said lot 4, a distance of 599.966 feet to the southwest comer of said lot 4, the same being the southeast corner of lot 10, block I of said wiggins pass landings unit no. 1: thence N.89 °52'20 "W. along the southerly line of said wiggins pass landings unit no. 1, a distance of 1400.65 feet to the southwest corner of said Wiggins Pass Landings Unit No. 1; thence N.00 °1 4'00W. along the westerly line of said Wiggins Pass Landings Unit No. 1, a distance of 1608.90 feet; thence N.34 °26' 15 "E. along said westerly line, a distance of 439.48 feet to a point on the northerly line of said Wiggins Pass Landings Unit No. 1; thence N.87 148'00 "E. along said northerly line, a distance of 1481.48 feet to the northeast corner of lot 3, block 3 of said Wiggins Pass Landings Unit No. 1; thence S.02 °12'00 "E. a distance of 163.77 feet to the northwest corner of lot 1, block 3 of said Wiggins Pass Landings Unit No. 1; thence N.87 °48'00E. a distance of 200.00 feet to the northeast corner of said lot 1; thence S,02 012'00 "E. along the easterly line of said Wiggins Pass Landings Unit No. 1, a distance of 668.16 feet to the southeast corner of lot 1, block 1 of said Wiggins Pass Landings Unit No. 1, the same being the northeast corner of lot 1 of said Wiggins Pass Landings Unit No. 1 Addition; thence S.02* 12'00"E. along the easterly line of said Wiggins Pass Landings Unit No. I Addition, a distance of 1209.93 feet to the point of beginning, parcel contains 88.56 acres, more or less. A portion of land located in the east 1/2 of section 20, township 48 south, range 25 east Collier County, Florida being more particularly described as follows: Commencing at the southeast corner of the southeast 1/4 of said section 20, thence N.02 012'00 "W, along the easterly line of said southeast 114, a distance of 1970.20 feet thence S.87 °48'00 "W, a distance of 50.00 feet to a point on the westerly right -of -way line of Vanderbilt Drive, a 100.00 foot right -of -way and the northeast comer of lot 1, block 3, Wiggins Pass Landings, unit no. 1, according to the plat thereof recorded in plat book 10 at page 44 of the Public Records of Collier County, Florida, the same being the point of beginning of the parcel of land herein described; thence S.87 048'00 "W., a distance of 200.00 feet to the northwest corner of said lot l; thence N.02 012'00 "W., a distance of 163.77 feet to the northeast corner of lot 3, block 3, of said Wiggins Pass Landings, unit no. 1; thence S87 °48'00 "W, along the northerly 1 -1 line of said Wiggins Pass Landings, unit no. 1, a distance of 1481.48 feet; thence S.34026'1 5"W., along the northwesterly line of said Wiggins Pass Landings, unit no. 1, a distance of 439.48 feet to the northeasterly corner of Tract B, Baker - Carroll Point, according to the plat thereof recorded in plat book 8, at page 42, of the Public Records of Collier County, Florida; thence N.54 047'52 W, along the northerly line of said Baker - Carroll Point, a distance of 399.32 feet to an intersection with an agreed boundary line as recorded in official records book 68, at pages 235 through 250, of the Public Records of Collier County, Florida; thence N.79° 17'1 0"E., along said agreed boundary line, a distance of 69.60 feet; thence N.02 058'30 "W., along said agreed boundary line, a distance of 1417.66 feet; thence N.27° 15'20 "W., along said agreed boundary line, a distance of 616.67 feet; thence N.87 °48'00E., a distance of 2472.71 feet to a point on the westerly right -of way line of said Vanderbilt Drive; thence S.02 °12'25 "E., along said westerly line, a distance of 1373.11 feet; thence S.02 012'00 "E., along said westerly line, a distance of 667.03 feet to the point of beginning, parcel contains 100.00 acres, more or less. 1.3 PROPERTY OWNERSHIP Vanderbilt Partners 1I, LTD., a Florida Limited Partnership 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the northwest quadrant of the intersection of Bluebill Avenue and Vanderbilt Drive, and is bounded on the West by the Baker - Carroll Point Subdivision as recorded in Plat Book 8 Page 42, of the Public Records of Collier County, Florida. The property is bounded on the North by jurisdictional wetlands, on the East by Vanderbilt Drive, and on the South by Bluebill Avenue. 1.5 PHYSICAL DESCRIPTION The Project extends east from Baker - Carroll Point on the West and includes part of the manmade waterway on the West, to mangrove forests, to a beach dune vegetated with scubby Pine flatwoods. Natural drainage of the upland portion of the property is westerly and northerly into wetlands which border tidal waters. Water management facilities for the project will be of the constructed water storage type, either lake or created wetland marsh type, or a combination of the two. Storm waters which exit the storage areas will do so via one or more control structures which are authorized as a part of the water management permits issued by Collier County and the South Florida Water Management District. Topography within the project is varied, ranging from sea level to 12± feet above sea level. The entirety of the site, except for the mangrove fringe along the West boundary of the property, lies within Flood Zone AE (11 foot elevation) according to FIRM Panel 0189E. Soil types within the project include Basinger Fine Sand, Durbin and Wulfert Mucks, and Urban Land Satellite Complex. The Dunes project will be a multi - family residential and recreational facilities community which will be developed with a maximum of 640 dwelling units. The buildings will range from a height of one hundred and twenty -five (125) feet to one hundred and fifty (150) feet above the mean flood elevation established by law as illustrated on the Master Plan. 1 -2 Home Contact Us E- Filing Services Document Searches Forms Help Drevious on List Next mist Return Ta List .Entity Name Search Submit 4o Events No Name History Detail by Entity Name Foreign Profit Corporation C G & S INVESTORS, INC. Filing Information Document Number F98000001920 FEI /EIN Number 383403016 Date Filed 04/03/1998 State MI Status ACTIVE Principal Address 3400 EAST LAFAYETTE DETROIT MI 48207 Mailing Address 3400 EAST LAFAYETTE DETROIT MI 48207 Registered Agent Name &Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer /Director Detail Name & Address Title P HOLLERBACH, MICHAEL D 3400 EAST LAFAYETTE DETROIT MI 48207 Title VD CORACE, RICHARD F 11125 GULF SHORE DRIVE NAPLES FL 34108 Title VD GRIFFIN, GERALD F II 11125 GULF SHORE DRIVE NAPLES FL 34108 Title T BROCKHAUS, RICHARD T 3400 EAST LAFAYETTE �ETROITNU4D207 'itle VAS ;HARPE. KEITH A 1125 GULF SHORE DRIVE 4APLESFL34108 [h|aS :RANK.BRYANTKA 34OO EAST LAFAYETTE DETROIT W1|482O7 Annual Reports Report Year Filed Date 2009 04/22/2009 2010 04/23/2010 2011 04/2212011 Document I -es 04/2212011 ----ANNUAL REPORT 04,123/2010 ANNUAL REPORT 041_24/2008 ANNUAL REPORT UALREPORT Q4/29/2oo5 -- ANNUAL —REPORT ,8/2004 --ANNUAL REPORT IUAL REPORT DRT 06/23/20 0 -- ANNUAL R—EPORT 04/3011999 -- ANNUAL REPORT 04/103/1998,.-.- Foreign Profi K � v U x | / | / | � View ima92,1n PDF format View image in PDF format View image in PDF format View image in PIDF format View image in PDF format View image in PDF format iew image in PDF format -View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF,format View View image in PDF format Note: This is not official record. See documents if question or conflict. epre_viouson List Next.on Li Return To List No Events Nm Name History \ - - ~-~— _ | Hdo \ Home \ Contact us | Document Searches \ s-Fmn* Sc.nocs / ronns Cmvrioht and privacy Policies State of Florida, Departillent of State Entity Name Search Horne Contact Us Previous on List Nc on List E- Filing Services No Events No Name History Detail by Entity game Florida Limited Partnership VANDERBILT PARTNERS 11, LTD. Filing Information Document Number A98000001139 FEI /EIN Number 593502704 Date Filed 05/08/1998 State FL Status ACTIVE Return To List Principal Address 3400 E. LAFAYETTE DETROIT MI 48207 Changed 04/28/2011 Mail q Address 3400 E. LAFAYETTE DETROIT MI 48207 Changed 04/28/2011 Registered A, enq t Name &Address ATHAN, G. HELEN ESQUIRE 5551 RIDGEWOOD DRIVE, SUITE 501 NAPLES FL 34108 US General Partner Detail Name & Address Document Number F98000001920 CG &S INVESTORS, INC. 3400 EAST LAFAYETTE DETROIT MI 48207 Annual Reports Report Year Filed Date 2009 04/09/2009 2010 03/0812010 2011 04/28/2011 i Document Images Document Searches Forms Help Entity Name Search Submit EXHIBIT NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit ®f Pubiicatiou State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared MarvLvnn RoelIer, who on oath says that she serves as the Advertising Accounting Manager of the Naples Daily News, a daily newspaper published - at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on January 29, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount; rebate. commission or refund for the purpose of securing this advertisement for public lion in the said er. to i wspapn . /In ( Signature of a Sworn to and subscribed before me This 31st day of January, 2012 (Signature of notary public) apurany �� KAROL E KANGAS = Notary Public - State of Florida _"r'o� ,ta- Commissions# DD 91223713 NOTICE PUBLIC HEARING. Notice is hereby given that a public hearing, will be held by the Colliery County Piahning . Commission (CCPC)" at 9:00 A-MF Thursday Pebeuary 16,:2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center 3299 East Tamlaml Trail, Naples FL, to consider., �11 A Resolii &_0Tf;the 901!!iW County. Planning Commisslon relating 6 Petition Number;- PDI- PL2012 -1 b9for insubstantial changesrto� the- bzi;.s;Pian— red`Unit Development Master Plan for the purposeoflremoving;the conservation easeml3nt ` designation antliei,waferway arld depicting the area for at 11495Vanderb(If 8eachDtive In Section 20, Township 48 South, Range25'Fast,GoNiepCounty, Florida (Companion,to BDE- PL2010 -979) [Coordinator Haney, Gundiach, Principal Planner, RLAf'AIC ,,f —4� PFtOJECT ', sou Tt k` �! t>>7CATION as vu,CsR,,,jt Caud E *catipe j;wtw 7RMT x� 8 t..........L, nve,u �'%xe!W � = 1t.r =� s�6 7,27 24 •... ,, n pr ntlrC oaueo gwpotpT ppy5{8 ks!' : "L [STAT(i }f :� 4 IM/lLS � % All interested paatles,are`invited toq appear and be heard. Itmtted to &.minutes on any, 134 Urn Ited • to 10 minutes each. asR �orizea to.represent a group or r prAs Ration fo'ten minutes, e, n.or graphtc'ntaterials included is must subectimit•eaid material a ttie respve public hearing. filet! with the Department of eni'iieliI prior, to, Thursday, to'be considered at the public d • In piesentation :before the anent: part of the record and atiori to' the. Board of County J, iwl any decision made by the Timission With respect to any eating or' hearing, he' will need arYd for su1.,11 . ,pose he may m`recolwof the proceedings is s the; testi,t. L y ,and' evidence 1 zn _ta .. e based: t t` P ns wishing to iri"eth 'CCPC agen minimum of 10 dg! Written comments' Zoning and Land'x February, 16, 2012; � `Ali mat� CCPC will becom vi%lls,b�:, a'valleble.f tvorrtiniesIon ers; if .€ ff "a person deddo Collier" County 1216 matter cons tdered a`rerord "of that pn need, to ensure that made,, whim recd, upon, - Ich the app !t ydu are a� per: accorr�modationr int YOU are entitledat.t EXHIBIT a needs any proceeding, )n of certain.j are available fn fhe Board of ,F't" , c' JenEa� 2ilIgQi2;c EXHIBIT Vii] Anthony Pires From: AshtonHeidi [HeidiAshton @colliergov.net] Sent: Wednesday, February 22, 2012 8:24 AM To: Anthony Pires Cc: GundlachNancy Subject: FW: Attachments: Application PDI 2- 17- 12.pdf Tony, This is the revised petition. Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 From: GundlachNancy Sent: Tuesday, February 21, 2012 12:19 PM To: AshtonHeidi Cc: BrownAraqueSummer Subject: Hi Heidi, In case you need it, attached is the PDI Application that was sent to us on Friday. (I thought I came across a message this morning that you needed it- ignore if you don't) Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ef 2/22/2012 Page 1 of 1 COLEMAN, YOVANOVICH & KOESTER, P.A. Kevin G. Coleman Richard D. Yovanovich Edmond E. Koester William M. Burke Gregory L. Urbancic Matthew L. Grabinski Writer's Email: ryovanovich@cyklawfirm.com Nick Casalanguida Deputy Administrator Collier County Transportation 2800 Horseshoe Drive Naples, Florida 34104 ATTORNEYS AT LAW NORTHERN TRUST BANK BUILDING Linda C. Brinkman 4001 TAMIAMI TRAIL NORTH Craig D. Grider SUITE 300 Matthew M. Jackson NAPLES, FLORIDA 34103 Jeffrey J. Beihoff 239 - 435 -3535 Harold J. Webre 239 - 435 -1218 FACSIMILE Caroline M. Magliolo www.cvklawfirm.com Charles A. B. Thomson David Kerem Of Counsel: Kenneth R. Johnson January 31, 2012 Via Email: nickcasalanguida @colliergov.net Re: Dunes Boat Dock Extension- BD- PL2010 -979 11495 Vanderbilt Dr. (The Dunes Boat Dock Extension) and PDI- PL2012 -159 (The Dunes PUD) Dear Mr. Casalanguida As you know, Vanderbilt Partners II developed the Dunes community. The community was developed pursuant to the Dunes PUD which was adopted by Board of County Commissioners (BCC) as Ordinance number 2000 -74. During the public hearing process for the adoption of the Dunes PUD, there was detailed discussion regarding the maximum number and the location of boat docks to serve the residents of the community. The developer committed to a maximum number and agreed to prohibit boat docks in Water Turkey Bay. In Section 3.4. (b) of the PUD specifically authorizes boat docks as an accessory use to the residential uses and specifically provides that the boat docks will be approved pursuant to Section 2.6.21 of the Collier County Land Development Code which was the then existing boat dock extension process. It is clear that the BCC intended for the boat docks to be reviewed and approved pursuant to the existing LDC procedures applicable to boat dock extensions. Vanderbilt Partners II has obtained the required State approvals. About a year ago Vanderbilt Partners II submitted a boat dock extension petition (BD- PL2010 -979). Just prior to BD- PL2010 -979 11495 going to the Collier County Planning Commission, County Staff and the County Attorney received objections from the neighbors questioning the process to be followed. The County has now decided that an insubstantial change to the PUD Master Plan must also occur in order for the boat docks to be approved. Staff bases this determination on the January 30, 2012 2 designation of the waterway as both a conservation area and a man made waterway. This very designation existed in the Dunes PUD at the time the BCC approved 3.4 (b) of the PUD clearly the board knew this area was designated as a conversation easement/waterway when the BCC referenced the existing boat dock extension procedures for the review and approval of the boat docks. The board never intended for the developer to come back and amend the PUD Master Plan as is currently being required by staff. In addition, this very designation existed when the community to the west obtained permits to construct boat docks. Therefore, this designation has not hindered others from obtaining boat docks. My client disagrees with the County's additional requirement. In an attempt to mitigate its damages, my client is submitting a petition for an insubstantial change to the PUD Master Plan under protest. My client reserves its rights to challenge the requirement to submit this petition in the future. Sincerely, Richard D. Y. vich RDY /dq Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net INSUBSTANTIAL CHANGE TO PUD MASTER PLAN (PDI) Insubstantial revisions to PUD zoning districts may only be made if they can be accomplished by amending the PUD Master Plan pursuant to Section 10.02.1 3.E.2 of the Collier County Land Development Code. Any change to the PUD Master Plan must clearly be supported by the PUD document. To initiate a request for Insubstantial Change to the PUD Master Plan, you must first request a pre - application meeting with a planner. Pre - application meetings are mandatory and can be initiated by telephone by calling 239 - 403 -2400, in person at the front counter in the Development Services Center or on -line. The pre - application fee is $500.00 (to be credited toward application fee upon submittal. Simply ask to complete a Pre - Application Request Form. You may also request a pre - application meeting on -line at www.collierciov.net, Zoning Department webpage. Within forty -eight hours (two working days) you will receive a call from the Zoning Department to set up a pre - application meeting. Pre - application meetings are held at the development services center in order to allow all appropriate County review staff to attend. Feel free to bring along anyone you would like to have present. At the pre - application meeting County staff will review the proposed request, review the application packet, indicate exactly which submittal items are required, and in what quantities, and provide tentative dates for public hearings. Note: These submittal requirements vary from petition to petition so it is advisable to hold off on completing the application packet until after the pre - application meeting. At the pre - application meeting you will receive written submittal requirements (Pre - Application Notes) from the various County staff members in attendance. After submission of the completed application packet accompanied by a check for required fees (see attached submittal checklist), you will receive a mailed response within ten (10) days notifying you that your petition is being processed. Accompanying that response will be a receipt for your payment and the tracking number (e.g., PDI -03 -AR -0001) assigned to your petition. This petition tracking number should be noted on all future correspondence regarding your petition. The Zoning Department will provide for notification of surrounding property owners within 500 feet of the subject property and newspaper advertising as required by the Collier County Land Development Code (LDC). Your petition will be advertised in the local newspaper at least fifteen (15) days prior to the hearing date, and you will be notified at this time by mail of your hearing date. The hearing will be before the Collier County Planning Commission (CCPC) which is advisory to the Board of Zoning Appeals. The CCPC generally meets on the first and third Thursday of each month, at 8:30 A.M. in the Board Hearing Room on the third floor of the Administration Building at the government complex. It is expected that you and /or your agent attend this hearing. If you have any further questions please contact the Zoning Department at 239 - 403 -2400. August 30, 2010 CA er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net INSUBSTANTIAL CHANGE DETERMINATION TO PUD MASTER PLAN and PUBLIC HEARING BEFORE COLLIER COUNTY PLANNING COMMISSION PROJECT NO PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) VANDERBILT PARTNERS II LTD ADDRESS 11125 GULF SHORE DRIVE SUITE 308 CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 239 - 566 -2800 CELL # FAX # 239 -566 -3840 E -MAIL ADDRESS: KASIGCOC&AOL.COM Is the applicant the owner of the subject property? ® Yes ❑ No ❑ (a) If applicant is a land trust, so indicate and name beneficiaries below. ❑ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. ® (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. ❑ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. ❑ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. ❑ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page.) NAME OF AGENT KAREN BISHOP PMS INC. OF NAPLES ADDRESS 2335 TAMIAMI TR. N. #408 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239 - 435 -9080 EXT 3 CELL # 239 - 825 -7230 FAX # 239 - 435 -9082 August 30, 2010 s Co e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net E -MAIL ADDRESS: KARENBISHOP0PMSNAPLES.COM PROJECT INFORMATION PUD ORDINANCE NAME AND NUMBER: The Dunes PUD # 2000 -74 Provide Legal (if PUD Recorded) or Graphic Description Of Area Of Amendment (this may be graphically illustrated on Amended PUD Master Plan). If portion of PUD, provide legal for subject portion. Provide Written Description of Map Change To identify the area for construction of a 49 slip boat dock facility (If space is insufficient use attachment) Does amendment comply with the Comprehensive Plan? ® Yes ❑ No If no, explain: Has a public hearing been held on this property within the last year? ❑ Yes ❑ No If so, in whose name? Has any portion of the PUD been ❑ SOLD and /or ❑ DEVELOPED? Are any changes proposed for the area sold and /or developed? ❑ Yes ❑ No If YES, describe (attach additional sheets if necessary) August 30, 2010 Co,r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net PUD AMENDMENT INSUBSTANTIAL (PDI) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED REQUIREMENTS # OF COPIES SUBMITTED NOT REQUIRED (1 additional copy if located in Immokolee) (1 additional copy if for affordable housing) Completed Application (download from website for current form) ❑ ® ❑ Current Master Plan & 1 Reduced Copy ❑ ® ❑ Revised Master Plan & 1 Reduced Copy ❑ ® ❑ Detailed description of why amendment is necessary ❑ ❑ Detailed description of proposed changes ❑ ® ❑ List identifying Owner & all parties of corporation 2 ® ❑ Owner/Agent Affidavit signed & notarized 2 ® ❑ Copy of completed Addressing Checklist I ❑ Copy of B '' /z" X 1 1 " graphic location map of site I ® ❑ Pro'ect Narrative ❑ Z ❑ Fee Calculations: M $1,500.00 (insubstantial) ❑ $100.00 Fire Code Review Fee ❑ $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) ® $925.00 Legal Advertising Fee — CCPC meeting ❑ Other Fee Total $ Property Owner Notifications: $1.50 Non - certified $3.00 Certified return receipt mail (To innZernature ceipt of invoice from Planning Department) Date August 30, 2010 VT'7�.' :�•: w .... - _ _ _ IJO ism .rAAl1�11w,wNO�K ..... os • MAID OW AOI CDOCOIRM • : AV MAW A JVZ0GW7Yr/ LfNM; mm 7D 6titR/1iCIKM Rf .ROOM 11 II 11 11 �!I 1, 1 11 II 11 I 11 I1 11 = jl II II I 11 .1 1 11 It . tl 11 I 11 II 11 11 11 11 11 11 11 I 1� �I 11 I 11 It 1 I I 11 11 11 1 t't 1 I 1 I 1 1 t 1 I 1 I I t I I I I'I 1 Tr_ 1 I 1 1 1 1 1� 1 I 1 1 1 11 I At �■ it I w ■ II 711, r ■ 11 ■ 11 11 •� � 11 y _ • • • • • . OIAR Md 11 PUD MASTER PLAN - EXHIBIT A PUD MASTER PLAN - EXHIBIT A - - - - - - - - - - - - - - - - - - - PRESERVE 0 - - . . . . . . . . . . . 300 2-5 -LE IN FEET WATER TURKEY BAY LEGEND RI PRESERVE NOTE THE AREA DEPICTED AS CONSERVATION EASEMENT/WATERWAY WILL ALLOW THE . . . . . . . . INSTALLATION OF BOAT DOCKS AS AN ACCESSORY USE TO RESIDENTIAL UNITS AND PERMIT THE USE OF THE CONSERVATION EASEMENT /WATERWAY FOR BOATING AND OTHER RECREATIONAL ACTIVITIES. NO BOAT MANMADE DOCKS SHALL BE PERMITTED WITHIN WATERWAY WATER TURKEY BAY. v ��s7s� ~: i 7 I i - - R2 R3 ■ mollientO DUNE AREA PUD MASTER PLAN - EXHIBIT A SECTION I PROPERTY OWNERSHIP, LEGAL AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of THE DUNES. 1.2 LEGAL DESCRIPTION All of Wiggins Pass Landings Unit No. I Addition, according to the plat thero€ recorded in plat book 10, at page 81 of the Public Records of Collier County Florida, and all of Wiggins Pass Landings Unit No. 1, according to the plat thereof recorded in plat book 10, at page 44 of the Public Records of Collier County, Florida, being more particularly described as follows: Beginning at the southeast comer of lot 4 of said Wiggins Pass Landings Unit No. l Addition; thence N.89 °52'20 "W. along the southerly line of said lot 4, a distance of 599.96 feet to the southwest corner of said lot 4, the same being the southeast corner of lot 10, block 1 of said wiggins pass landings unit no. 1: thence N.89 °52'20 "W, along the southerly line of said wiggins pass landings unit no. 1, a distance of 1400.65 feet to the southwest corner of said Wiggins Pass Landings Unit No. 1; thence N.00 0 14'00 "W. along the westerly line of said Wiggins Pass Landings Unit No. 1, a distance of 1608.90 feet; thence N.34 °26' 15 "E. along said westerly line, a distance of 439.48 feet to a point on the northerly line of said Wiggins Pass Landings Unit No. 1; thence N.87 °48'00 "E. along said northerly line, a distance of 1481.48 feet to the northeast corner of lot 3, block 3 of said Wiggins Pass Landings Unit No. 1; thence S.02 °12'00 "E. a distance of 163.77 feet to the northwest corner of lot 1, block 3 of said Wiggins Pass Landings Unit No. 1; thence N.87 °48'00 "E. a distance of 200.00 feet to the northeast corner of said lot l; thence S.02 012'00 "E. along the easterly line of said Wiggins Pass Landings Unit No.l, a distance of 668.16 feet to the southeast corner of lot 1, block 1 of said Wiggins Pass Landings Unit No. 1. the same being the northeast corner of lot 1 of said Wiggins Pass Landings Unit No. '1 Addition; thence S.02 °12'00 "E. along the easterly line of said Wiggins Pass Landings Unit No. 1 Addition, a distance of 1209.93 feet to the point of beginning, parcel contains 88.56 acres, more or less. A portion of land located in the east 1/2 of section 20, township 48 south, range 25 east Collier County, Florida being more particularly described as follows: Commencing at the southeast corner of the southeast 1/4 of said section 20, thence N.02° 12'00 "W, along the easterly line of said southeast 1 /4, a distance of 1970.20 feet thence S.87 °48'00 "W, a distance of 50.00 feet to a point on the westerly right -of -way line of Vanderbilt Drive, a 100.00 foot right -of -way and the northeast comer of lot 1, block 3, Wiggins Pass Landings, unit no. 1, according to the plat thereof recorded in plat book 10 at page 44 of the Public Records of Collier County, Florida, the same being the point of beginning of the parcel of land herein described; thence S.87 °48'00 "W., a distance of 200.00 feet to the northwest corner of said lot l; thence N.02 °12'00 "W., a distance of 163.77 feet to the northeast corner of lot 3, block 3, of said Wiggins Pass Landings, unit no. 1; thence S87 °48'00 "W, along the northerly line of said Wiggins Pass Landings, unit no. 1, a distance of 1481.48 feet; thence S.34026'1 S "W., along the northwesterly line of said Wiggins Pass Landings, unit no. 1, a distance of 439.48 feet to the northeasterly corner of Tract B. Baker - Carroll Point, according to the plat thereof recorded in plat book 8, at page 42, of the Public Records of Collier County, Florida; thence N.54 °47'52 "W, along the northerly line of said Baker - Carroll Point, a distance of 399.32 feet to an intersection with an agreed boundary line as recorded in official records book 68, at pages 235 through 250, of the Public Records of Collier County, Florida; thence N.79° 17'1 0"E., along said agreed boundary line, a distance of 69.60 feet; thence N.02 °58'30 "W., along said agreed boundary line, a distance of 1417.66 feet; thence N.27 °15'20 "W., along said agreed boundary line, a distance of 616.67 feet; thence N.87 °48'00 "E., a distance of 2472.71 feet to a point on the westerly right -of way line of said Vanderbilt Drive; thence S.02 012'25 "E., along said westerly line, a distance of 1373.11 feet; thence S.02 °1 2'00 "E., along said westerly line, a distance of 667.03 feet to the point of beginning, parcel contains 100.00 acres, more or less. 13 PROPERTY OWNERSHIP Vanderbilt Partners II, LTD., a Florida Limited Partnership 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the northwest quadrant of the intersection of Bluebill Avenue and Vanderbilt Drive, and is bounded on the West by the Baker - Carroll Point Subdivision as recorded in Plat Book 8 Page 42, of the Public Records of Collier County, Florida. The property is bounded on the North by jurisdictional wetlands, on the East by Vanderbilt Drive, and on the South by Bluebill Avenue. 1.5 PHYSICAL DESCRIPTION The Project extends east from Baker - Carroll Point on the West and includes part of the manmade waterway on the West, to mangrove forests, to a beach dune vegetated with scubby Pine flatwoods. Natural drainage of the upland portion of the property is westerly and northerly into wetlands which border tidal waters. Water management facilities for the project will be of the constructed water storage type, either lake or created wetland marsh type, or a combination of the two. Storm waters which exit the storage areas will do so via one or more control structures which are authorized as a part of the water management permits issued by Collier County and the South Florida Water Management District. Topography within the project is varied, ranging from sea level to 12± feet above sea level. The entirety of the site, except for the mangrove fringe along the West boundary of the property, lies within Flood Zone AE (11 foot elevation) according to FIRM Panel 0189E. Soil types within the project include Basinger Fine Sand, Durbin and Wulfert Mucks, and Urban Land Satellite Complex. The Dunes project will be a multi - family residential and recreational facilities community which will be developed with a maximum of 640 dwelling units. The buildings will range from a height of one hundred and twenty -five (125) feet to one hundred and fifty (150) feet above the mean flood elevation established by law as illustrated on the Master Plan. 1 -2 2/17/12 www.sunbiz.org - Department of State DIVISION D CORPORATIONS Home Contact Us E -Fling Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Partnership VANDERBILT PARTNERS II, LTD. Filing Information Document NumberA98000001139 FEI /EIN Number 593502704 Date Filed 05/08/1998 State FL Status ACTIVE Principal Address 3400 E. LAFAYETTE DETROIT MI 48207 Changed 04/28/2011 Mailing Address 3400 E. LAFAYETTE DETROIT MI 48207 Changed 04/28/2011 Registered Agent Name & Address ATHAN, G. HELEN ESQUIRE 5551 RIDGEWOOD DRIVE, SUITE 501 NAPLES FL 34108 US General Partner Detail Name & Address Document Number F98000001920 CG &S INVESTORS, INC. 3400 EAST LAFAYETTE DETROIT MI 48207 Annual Reports Report Year Filed Date 2009 04/09/2009 2010 03/08/2010 2011 04/28/2011 Document Images sunbiz.org /scripts /cordet.exe? action= DETFIL &inq_doc_ number= A98000001139 &inq_came_from =NAM Forms Help Entity Name Search Submit 1/2 2/17/12 www.sunbiz.org - Department of State FLORIDADEPARTMENT OF DIVISION 1 "'i' f Home Contact Us E- Filing Services Document Searches Previous on List Next on List RetLfln To List No Events No Name History Detail by Entity Name Foreign Profit Corporation C G & S INVESTORS, INC. Filing Information Document Number F98000001920 FEI /EIN Number 383403016 Date Filed 04/03/1998 State MI Status ACTIVE Principal Address 3400 EAST LAFAYETTE DETROIT MI 48207 Mailing Address 3400 EAST LAFAYETTE DETROIT MI 48207 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer /Director Detail Name & Address Ttle P HOLLERBACH, MICHAEL D 3400 EAST LAFAYETTE DETROIT MI 48207 Title VD CORACE, RICHARD F 11125 GULF SHORE DRIVE NAPLES FL 34108 Title VD GRIFFIN, GERALD F II 11125 GULF SHORE DRIVE NAPLES FL 34108 Ttle T BROCKHAUS. RICHARD T sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number =F98000001920 &inq_came_from= NAM... Forms Help Entity Name Search Submit 1/3 2/17/12 3400 EAST LAFAYETTE DETROIT MI 48207 Title VAS SHARPE, KEITH A 11125 GULF SHORE DRIVE NAPLES FL 34108 Title S FRANK, BRYANT M 3400 EAST LAFAYETTE DETROIT MI 48207 Annual Reports Report Year Filed Date 2009 04/22/2009 2010 04/23/2010 2011 04/22/2011 www.sunbiz.org - Department of State Document Images 04/22/2011 — ANNUAL REPORT View image in PDF format ----------------------------------------- 04/23/2010 -- ANNUAL REPORT View image in PDF format 04/22/2009 — ANNUAL REPORT ',_View image in PDF format 04/24/2008 -- ANNUAL REPORT View image in PDF format 04/28/2007 — ANNUAL REPORT View image in PDF format 04/26/2006 — ANNUAL REPORT View image in PDF format 04/29/2005 — ANNUAL REPORT View image in PDF format -— 04/28/2004 — ANNUAL REPORT View image in PDF format 05/01/2003 — ANNUAL REPORT View image in PDF format 05/14/2002 — ANNUAL REPORT View image in PDF format 05/17/2001 — ANNUAL REPORT View image in PDF format View image in PDF format 06/23/2000 —ANNUAL REPORT -- 04/30/1999 — ANNUAL REPORT View image in PDF format nnin "411000 G ro ,, o. View image in PDF format sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= F98000001920 &inq_came_from= NAM... 2/3 2/17/12 Home www.sunbiz.org - Department of State Contact Us E -Fling Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Foreign Profit Corporation C G & S INVESTORS, INC Filing Information Document Number F98000001920 FEI /EIN Number 383403016 Date Filed 04/03/1998 State MI Status ACTIVE Principal Address 3400 EAST LAFAYETTE DETROIT MI 48207 Mailing Address 3400 EAST LAFAYETTE DETROIT MI 48207 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 US Officer /Director Detail Name & Address Title P HOLLERBACH, MICHAEL D 3400 EAST LAFAYETTE DETROIT MI 48207 Title VD CORACE, RICHARD F 11125 GULF SHORE DRIVE NAPLES FL 34108 Title VD GRIFFIN, GERALD F II 11125 GULF SHORE DRIVE NAPLES FL 34108 Title T BROCKHAUS. RICHARD T sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= F98000001920 &inq_came_from= NAM... Forms Help Entity Name Search Submit 1/3 2/17/12 3400 EAST LAFAYETTE DETROIT MI 48207 Title VAS SHARPE, KEITH A 11125 GULF SHORE DRIVE NAPLES FL 34108 Title S FRANK, BRYANT M 3400 EAST LAFAYETTE DETROIT MI 48207 Annual Reports Report Year Filed Date 2009 04/22/2009 2010 04/23/2010 2011 04/22/2011 Document Images www.sunbiz.org - Department of State 04/22/2011 —ANNUAL REPORT View image in PDF format 04/23/2010 — ANNUAL REPORT View image in PDF format r...._.._.__._ 04/22/2009 — ANNUAL REPORT View image in PDF forma 04/24/2008 — ANNUAL REPORT View image in PDF format 04128/2007 — ANNUAL REPORT View image in PDF format 04/26/2006 — ANNUAL REPORT View image in PDF format 04/29/2005 — ANNUAL REPORT Lyiewimag., in PDF format 04/28/2004 — ANNUAL REPORT View image in PDF format r _ 05/01/2003 — ANNUAL REPORT View image in PDF format 05/14/2002 — ANNUAL REPORT View image in PDF format 05/17/2001 —ANNUAL REPORT View image in PDF format 06/23/2000 —ANNUAL REPORT !_.View image in PDF format 04/30/1999 — ANNUAL REPORT I�'iew image in PDF format nn1n111QQQ C^rmimn o.,,fif View image in PDF format sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number- F98000001920 &inq_came_from= NAM... 2/3 2/17/12 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Partnership VANDERBILT PARTNERS II, LTD. Filing Information Document NumberA98000001139 FEI /EIN Number 593502704 Date Filed 05/08/1998 State FL Status ACTIVE Principal Address 3400 E. LAFAYETTE DETROIT MI 48207 Changed 04/28/2011 Mailing Address 3400 E. LAFAYETTE DETROIT MI 48207 Changed 04/28/2011 Registered Agent Name & Address ATHAN, G. HELEN ESQUIRE 5551 RIDGEWOOD DRIVE, SUITE 501 NAPLES FL 34108 US General Partner Detail Name & Address Document Number F98000001920 CG &S INVESTORS, INC. 3400 EAST LAFAYETTE DETROIT MI 48207 Annual Reports Report Year Filed Date 2009 04/09/2009 2010 03/08/2010 2011 04/28/2011 Document Images sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= A98000001139 &inq_came_from =NAM Forms Help Entity Name Search Submit 1/2 cdfii r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collier oq v.net AFFIDAVIT We I; Vanderbilt Partners II LTD / __.___ being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize Richard Yovanovich to act as our /my representativWin any matters- �Ding this Petition. Sigoture of Pr*b ar-Atvner t,// ca /'r � -�-- Signature of Property Owner Typ,edcc V/)� tddg Name o�0> �.��.,5 Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 314, day of ��t4x _. 20 11 Z_ by - - e� A e __who is personally known to me or has produced f"'� / Vq _ -_ as identification. - ~A �a State of Florida (Signature of Notary Public - State of Florida) County of Collier WHEILLE Al QXVMO * * MY COWISSION l EXPIRES: Aptil 19, 2014 (Print, Type, or Stamp Commissioned Name of Notary Public) August 30, 2010 Coffier Cou COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION AFFIDAVIT my 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net We /I; Vanderbilt Partners II LTD being first duly sworn, depose and say that we /I am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As propertyner We /I further ?ayvtbc4qe Karen Bishop of PMS Inc. of Naples to act as our /my representatj4e in gaf3ftjters r ckoxdtncLAhis Petition. Sig ' ture p Nl � j r, f Signature of Property Owner Ty ed,' of/r Printed Name of Oa�r Typed or Printed Name of Owner trf�i�t ®QJ�LT -'Q, The foregoing instrument was acknowledged before me this 2 1— day of ir..,c , 2014 . by a-MA i>. S� „iL who is personally known to me or has produced as identification. / 41'"z- S of Florida (Signature of Notary Public - State of Florida) County of Collier MICHELLE M. MEVEDO * MY COMMISSIOM # DD 967320 EXPIRES; April 19, 2014 Bonded TNa BuOW Wry Services (Print, Type, or Stamp Commissioned Name of Notary Public) August 30, 2010 uj uj CLO CL m w- az <<O- XMI-I co V) < x 2 -�, < Y -Z ao i� ra F. M ul aa.. 0 co ac¢?� _oc Q=aaLL a� N2y MOE' a YO °z r� r N a M ul aa.. 0 co ac¢?� _oc Q=aaLL a� N2y MOE' a YO °z r� r N EXHIBIT E Anthony Pires From: Anthony Pires Sent: Wednesday, February 22, 2012 2:07 PM To: 'AshtonHeidi' Cc: GundlachNancy; KlatzkowJeff; StrainMark Subject: RE: THE DUNES, PDI Heidi, it looks like all that happened was that the change was removed, and another, with revised dates; no cover letter, no real revised application "original PDI" with the "revised PDI ". What is the rush? Anthony P. Pires, Jr. Firm Website: www.wpl - legal.com page describing the master plan language, inserted, with no change in . You may want to compare the entire This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error, any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: AshtonHeidi [mailto:HeidiAshton @colliergov.net] Sent: Wednesday, February 22, 2012 1:11 PM To: Anthony Pires Cc: GundlachNancy Subject: RE: Nancy sent it to me. �ei� �s'irton- Vigo Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Wednesday, February 22, 2012 12:30 PM To: AshtonHeidi Cc: GundlachNancy Subject: RE: Heidi, Nancy, this is the same cover letter dated January 31, 2012 and the "application" has the same date as the "prior" application, i.e. Feb. 1, 2012.. How was it received? 2/27/2012 /2012 EE IT Page 1 of 3 Page 2 of 3 If by email please forward that email and attachments to me. If hard copy, please send me a copy with a date stamp as to when received. Thanks Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax aI2ires(a.wpl- legal.com w � r Firm Website: www.wpi- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: AshtonHeidi [ mailto :HeidiAshton @colliergov.net] Sent: Wednesday, February 22, 2012 8:24 AM To: Anthony Pires Cc: GundlachNancy Subject: FW: Tony, This is the revised petition. y1ai.a aw,tc - -iicc. Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 From: GundlachNancy Sent: Tuesday, February 21, 2012 12:19 PM To: AshtonHeidi Cc: BrownAraqueSummer Subject: Hi Heidi, 2/27/2012 Page 3 of 3 In case you need it, attached is the PDI Application that was sent to us on Friday. (I thought I came across a message this morning that you needed it- ignore if you don't) Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/27/2012 Page 1 of 2 Anthony Pires From: Anthony Pires Sent: Wednesday, February 22, 2012 12:30 PM To: 'AshtonHeidi' Cc: GundlachNancy Subject: RE: Heidi, Nancy, this is the same cover letter dated January 31, 2012 and the "application" has the same date as the "prior" application, i.e. Feb. 1, 2012.. How was it received? If by email please forward that email and attachments to me. If hard copy, please send me a copy with a date stamp as to when received. IIi .1' Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax moires @wpl- legal.com Firm Website: www.wpl- legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: AshtonHeidi [ mailto :HeidiAshton @colliergov.net] Sent: Wednesday, February 22, 2012 8:24 AM To: Anthony Pires Cc: GundlachNancy Subject: FW: Tony, This is the revised petition. Heidi Ashton -Cicko 2/27/2012 Page 2 of 2 Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 Note: Address change on November 1, 2010: Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 From: GundlachNancy Sent: Tuesday, February 21, 2012 12:19 PM To: AshtonHeidi Cc: BrownAraqueSummer Subject: Hi Heidi, In case you need it, attached is the PDI Application that was sent to us on Friday. (I thought I came across a message this morning that you needed it- ignore if you don't) Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/27/2012 EXHIBIT I Thehirinaofalav nsanim ant dae.wo,�diatshvuld nut lxhasa< IsurADAY's DAILY Belo a you s da, a us to se you w. vnrtten forma on alxn t o u substantial changes to the Dunes Planned unit Lleve10P111tff 1L IVIO >'LCI Plan for the purpose of removing the conservation easement designa- tion in the waterway and depicting the area for construction of a 49 slip boat dock facility on the described property. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner and Collier County staff. if you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e -mail by February 29, 2012 to: Nancy Gundlach, AICP, Principal Planner Community Development & Environmental Services Administration 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252 - 2484 Fax: (239) 252 -6968 nancygundlach@colliergov.net LWAbfUElry s. zot2 No. .2 7ml EXHIBIT D 300, 111i, You may f represent W,, if, the Cony ill Court m you for tgl legal alt Complaint. fight to 04 may be ift, judgment ; awarding rr against anpi', or In the r enforcredd by'J'; prDATED: A p. 0. Address Attomeys'f0f Bass & Mogla -;: Suite 300 Sol West Nor, . Milwaukee, V' Telephone: (t BASS MOGLO WI State Bare January 19 & & 9. 2012 i_ PLLC AND PROVISION CARE IN f THE LETTE consider: AN ORDINANC': MARCO ISLAND. ORDINANCE'`" ORDINANCE Cf CHAPTER 52, CREATION 0�= ADVISORY BOA CONFLICT AND PROVIDING AN If The Ordinanct by Clerksiofflce lit Bald Eagle a Members of the make oral or regards to this On By: Laura Litzan Z ry Clerk bruary 9.2012 _ NOTIKC W!" DIXON'S TOWIN foreclosure of Iic these vehicles on 10:00 am at 173( Naples, FL 3411,. subjection 713.7" Statutes. DIXON' the right to a and/or all bids. 1998 JEEP VIN# 1J4GX7BY9WL. Febmary 9.2012 NOTICE OF Pursuant to Flory 83.801- 83.809, STORAGE hereby of property contail EXHIBIT A F E: a EXHIBIT a .ten as ar- Col- 4000 Drive. fusing )dy lip I, MW ter aw ,RS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting held by Vanderbilt Partners II, LTD, represented by Richard Yovanov- ich, of Coleman, Yovanovich & Koester, P.A on: Monday, February 27th, 2012 at 5:30pm at St John The Evangelist Catholic Church, 625 111th Ave N Naples, FL 34108 Subiect Property: Approximately 188.55 acres, known as the Dunes located at 11495 Vanderbilt Drive, Collier County Florida. AS 17 J"2 MCGINS AT IMPERIAL (�{ LAKE KREHL IG WPERIAL WWS IIES MIGGINS GERM 'WEST BAY AUTTOMOTIVE C.WATCNEE FACIUN BAY COCONATCHEE MV TRUST TAMIAMI PROFESSIONAL CENTER NORTH 23 VANDERBILT 21 NAPLES 20 NLLAS 22 COWER MEDCAL PROJECT THE C� IER1 COU ER cF"�'�`M LOCATION PLAZA 21 TRACT 22 HEALTNF DE ELOPMENT 9 OOR (OR') PAAK WE Rws NAPLES-IMA O EE PARK C NLLAS ROAD (C. R. 846) CWMONs mEEN COVENTRY SNOPP s. COMMFR �. SWREV (£xTEn _ — ST J N SWARE PARK PLACE THE EVANGELIST VEll AN'S CONVALESCENT Mx 29 ¢ CAMUC CNURCN ON Y NEWS P TER MEDICAL (5) m 26 VANDERBRT 26 _ 27 STONEBRIOGE BEAT Lam. ESTATES P� Lq � PWCAN W MARSH cDRq $ PANUW Q MIRAUA LAKE PAVILION MERCATO PEUGN MARSH VANDERS)LT SEAL Q (DRI) 32 N 34 ROAD 35 33 wALGREENS iC MARKER LIKE � NI.US VENERAN O "A The applicant is requesting Collier County's approval to allow an in- substantial change to the Dunes Planned Unit Development Master Plan for the purpose of identifying the area in which boat docks can be constructed. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner and Collier, County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e -mail by February 29, 2012 to: Nancy Gundlach, AICP - Principal Planner Community Development & Environmental Services Administration 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252 -2484 Fax: (239) 252 -6968 nancygundlach @colliergov.net No 24099539 February 20.2012 r EXHIBIT H AGENDA ITEM 8 -A Co ier County MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT HEARING DATE: MARCH 1, 2012 SUBJECT: PETITION NO: PDI- PL2012 -159, THE DUNES PUD (COMPANION ITEM TO: 11495 VANDERBILT DRIVE, BDE- PL2010- 0979) PROPERTY OWNER/AGENT: Owner: Vanderbilt Partners II Ltd. 11125 Gulf Shore Drive Suite 301 Naples, FL 34108 REQUESTED ACTION: Aszents: Ms. Karen Bishop 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Mr. Richard D. Yovanovich Coleman Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) approve an insubstantial amendment to the Dunes PUD (Planned Unit Development) Master Plan to: depict a 49 slip boat dock facility with a fishing pier, - depict boardwalk/cart access to the boat dock facility from the residential buildings and - add the following note: "The area depicted as conservation easement/waterway will allow the installation of boat docks as an accessory use to residential units and permit the use of the conservation easement/waterway for boating and other recreational activities. No boat docks shall be permitted within Water Turkey Bay." GEOGRAPHIC LOCATION: The Dunes PUD is located at the northwest intersection of Bluebill Avenue (CR -846) and Vanderbilt Page 1 of 9 PDI- PL2012 -159, THE DUNES PUD February 21, 2012 EXHIBIT a 9 EXHIBIT Municode Page 1 of 9 10.02.13 - Planned Unit Development (PUD) Procedures A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the Land Development Code. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and /or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements: 1. PUD master plan. The PUD master plan shall include the following information to graphically illustrate the development strategy: The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district: a. The title of the project and name of the developer; b. Scale, date, north arrow; C. Boundaries of the subject property, all existing streets and pedestrian systems within the site, watercourses, easements, land uses and zoning districts of abutting property including book and page numbers of platted parcels, section lines, and other important physical features within and adjoining the proposed development; d. Identification of all proposed tracts or increments illustrating boundaries within the PUD such as, but not limited to: residential; office and retail; commercial; industrial; institutional; conservation /preservation; lakes and /or other water management facilities; common open space; types of buffers with a cross - section for any buffer which deviates from that which is otherwise required by the land development code; the location and function of all areas proposed for dedication or to be reserved for community and /or public use; and areas proposed for recreational uses including golf courses and related facilities, and provisions for ownership, operation, and maintenance. All non - residential tract dimensions and boundaries shall be illustrated on the master plan; e. Identification of all proposed and permitted land uses pursuant to section 2.03.06 of this Code within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leaseable floor area and an outline of the proposed building footprint and an indication of the proposed building height for each structure within the individual tracts or increments. Descriptions of the relationship of the proposed land uses to each other within the PUD and to land uses abutting /surrounding the project; f. The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions; g. The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with abutting uses; h. Typical cross sections of all major, collector, and local streets, public or private, within the PUD; I. The location of proposed and existing roads, rights -of -way, and pedestrian systems within 1,500 feet of the proposed PUD; j. The overall acreage and proposed gross density for the PUD; k. Information on previous and recent uses of land; I. Proposed vehicular ingress and egress points; M. Any other relevant information determined to be necessary by the Planning Services Department Director. 2. PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD in the form of a PUD application that includes a development standards table, developer commitments and a list of deviations from the LDC. The development standards table, developer commitments and the list of deviations from the LDC shall be submitted in both an electronic version and printed version in a format as established by the County Manager or his designee. The submittals shall conform to the most recent standardized format established by the Zoning and Land Development Review Department Director. The PUD application shall contain the following information unless determined by the director to be unnecessary to describe the development strategy: a. Name of project; EXHIBIT b. List of exhibits which are proposed to be included in the ordinance of adoption; C. Statement of compliance with all elements of the growth management plan; g a http: // library. municode.com /print.aspx ?clientID =13 992 &HTMRequest= http %3 a %2f%2fli... 2/27/2012 Municode Page 6 of 9 approved by the appropriate site development plan or plat and received a certificate of public adequacy (COA) shall be considered expired and void of any remaining development rights. In the event that action or in- action by the County or any regulatory agency or legal action prevents the approval of a development order, the duration of the suspension of the approval shall not be counted towards the expiration provision above, contingent that the applicant has been diligently pursuing a local development order or permit through any of the required regulatory agencies. The County Manager or designee must be notified in writing of the circumstances of the delay with the appropriate documentation. b. For all PUDs the build out year as submitted and approved with the application's Traffic Impact Statement (TIS) shall serve as the reference year for the approved density and intensity. On the build out year as defined on the approved TIS submitted with the application and on the anniversary date of the adopted PUD any remaining density and intensity shall be considered expired if all of the lands within the PUD boundary have received approval through site development plans or plats and received a certificate of public adequacy (COA). For non residential portions of a PUD, section (a) above allows for two additional years to amend the site development plan(s) in order to apply for development orders for any remaining intensity within non - residential sections of the PUD. 12. Local Economic Emergency Ordinance. a. Short title and recitals. This Ordinance shall be known as the Collier County Local Economic Emergency Ordinance, and the above findings and recitals are hereby adopted by reference into this Ordinance. b. Declaration of Local Economic Emergency. The Collier County Board of County Commissioners, convened in regular session, hereby declares and ordains that a local economic emergency exists within Collier County, Florida, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of the County. This Ordinance is adopted after public hearing pursuant to, and in accordance with, F.S. § 125.66(2). C. Tolling of Land Development Code Section 10.02,13.D. Section 10.02.13.D of the Collier County Land Development Code provides for Planned Unit Development time limit and time limit extension requirements. These time limit and time limit extension requirements are hereby tolled to May 12, 2012 for Planned Unit Developments which have not sunsetted prior to the effective date of this Ordinance [2009 -22]. Prior to May 12, 2012, the Board of County Commissioners will determine if the declaration of Local Economic Emergency should be ended. E. Changes and amendments. 1. Substantial /insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the Planning Commission. For the purpose of this section, a substantial change shall be deemed to exist where: a. There is a proposed change in the boundary of the PUD; or b. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; C. There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; d. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; e. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; f. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; g. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI /PUD master plan that clearly do not create a http: // library. municode .com / print. aspx? clientID = 13992 &HTMRequest= http %3 a %2f%2fli... 2/27/2012 Municode Page 7 of 9 substantial deviation shall be reviewed and approved by Collier County under this section 1 0.02.13 of this Code; or k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this section 10.02.13 2. Procedure for substantial /insubstantial change determination. a. The applicant shall provide the Planning Services Department Director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the Planning Commission. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the Planning Services Department Director shall review said plan against criteria established within section 10.02.12 E.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. 3. Substantial changes procedures. Changes, as identified in section 10.02.12 E.1, shall be considered substantial changes to the approved PUD master plan, and the applicant shall be required to submit and process a new application complete with pertinent supporting data, as set forth in sections 10.02.12 A. and B. 4. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 10.02.12 E.1 shall require the review and approval of the Planning Commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. 5. Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas. 6. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. 7. Educational and ancillary plants exception. When a PUD is amended for the sole purpose of adding an educational and /or ancillary plant, that PUD will not be subject to the review process outlined in section 10.02.12 E. The review conducted will be limited to the impacts that the educational or ancillary plant will have on the surrounding uses. 8. The County Manager or his designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: a. Internal realignment of rights -of -way, including a relocation of access points to the PUD itself, where no water management facility, conservation /preservation areas, or required easements are affected or otherwise provided for. b. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. C. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning Services Department Director's consideration for approval. F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. 1. The monitoring report must be prepared in a County approved format as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). http: / /library.municode. comlprint.aspx ?clientID =13 992 &HTMRequest= http %3 a %2P /o2fli... 2/27/2012 EXHIBIT i THE DUNES SEC 20, TWP 48S, RNG 25E COLLIER COUNTY, FLORIDA ENVIRONMENTAL IMPACT STATEMENT December 1999 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 EXHIBIT THE DUNES EnvvomwiW hMea statement December 1999, noviaiaa 3.8.5.1 Applicant Information: 1. Responsible agent who wrote EIS and his education and iob related environmental experience. Marielle Nageon de Lestang Environmental Science, B.S., Alabama A&M University Two years as Environmental Consultant. Timothy C. Hall Wildlife Ecology, MS, University of Florida 10 years environmental field experience 2. Owner's name and address. Vanderbilt Partners II, LTD 5551 Ridgewood Drive, Suite 203 Naples, FL 34108 3. Affidavit of proof of authorized agent. Reference the submittal from Project Management Services. 3.8.5.2 Development and Site Alteration Information: 1. Description of proposed land use. The applicant proposes to construct 17 multifamily residential buildings, a clubhouse, a pool with cabanas, tennis courts, associated parking and four wet detention lakes on a 188.56 acre site. The constructed area will utilize 43.25 acres of the 188.56 acre total, leaving the remaining 145.31 acres of mangroves, mixed hardwood wetlands, pine jlatwoods, dune - scrub habitat, and a portion of Water Turkey Bay for preservation and enhancement. 2. Legal Description of site. Reference the submittal from Project Management Services. 3. Location and address description. The project is located on the northwest corner of Bluebill Avenue and Vanderbilt Drive in Section 20, Township 48, Range 25, Collier County. 1 THE DUNES Enviromnmtal Impact Statement December 1999, revision 3.8.5.3 Mapping and Support Graphics: 1. General Location Map. See map Exhibit #3 2. . Aerial photo of site with boundaries delineated. Reference Exhibit #4 3. Topographic map showing upland contours. Reference Exhibit #5 4. Existing land use of site and surrounding area. Currently the subject site is under construction in Phase I (the southern two- thirds of the project). Prior to the clearing of Phase I, the entire site was undeveloped. The site is bordered to the west by an open water channel and Water Turkey Bay, and to the north by mangrove swamp. Directly east of the site is Vanderbilt Drive, then Vanderbilt Villas, North Shore Lake Villas and Naples Memorial Gardens. Bluebill Avenue lies directly south of the site, with a proposed County Park on the south side of Bluebill Avenue. 5. Soils map. Reference Exhibit #6 6. Drainage plan. The site will be divided into two drainage basins, with lakes in each basin to store and improve discharge water quality. The water will eventually pass through the preserved wetlands into the coastal waters along the western project boundary. 7. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Reference Exhibit #7, Site Development Plan. The proposed project will be constructed in two phases: the southern two - thirds (Phase I) and the remaining one -third of the southeastern-most 43.25 acres of the site (Phase II). Phase I will include 3 hi -rise and 14 lo- 2 THE DUNES Envkmncn al Impact Statement D=mber 1999, revision rise multi-family residential units, two lakes, and the recreational facilities. Phase II will consist of the remaining 4 hi -rise units and more lakes. Please see the Vannasse and Daylor TIS for any potential impacts to the transportation network 3.8.5.4 Impact Categories: 3.8.5.4.1 Bio-Physical 1. °r Quality. a. Changes in level of air pollutants as defined by current regulations. Air pollution generated by construction of the project will consist of dust from earthmoving activities. In addition, air pollution may be slightly elevated by exhaust fumes generated by the equipment during construction and automobile fumes from future residents of the development. b. Number of people that will be affected by air pollution resulting from the project. It is not anticipated that anyone will be directly affected by the air pollution generated by this project. C. Procedures that will be used to reduce adverse impacts of air pollution. Water will be sprayed for dust control. No open burning will be done on the project site. 2. Water Quality. a. Changes in levels and types of water pollution as defined by current regulations. Water quality is not expected to be degraded as a result of this project. Road drainage. Building, road and parking lot run-off-will be collected and 3 THE DUNES EnvQoamenW Impact Statement Dec=ber 1999, revision directed via grassed swales and pipes, into wet retention lakes for storage pre - treatment. Water from the lakes will eventually discharge through spreader swales into preserved wetlands to the west and north, and finally into coastal waters. Sheet flow.- Vanderbilt Drive and Bluebill Ave already restrict sheet flow into or out of the site. Sheet flow within the site will continue to pass through the mangroves and into the adjacent waters. Rear lot line/building site drainage. The back of each lot will be graded to collect run -off from the buildingpad into a water quality swale between the rear lot line and the retaining wall. Interconnection of the water management system will occur as follows: A series of storm pipes will direct run -off from the roads and from grassed swales into the various lakes. Pipes will direct excess water from the lakes into spreader swales, then into the wetlands. b. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. Pollution levels will not be elevated as a result of this project. As such, no water uses will be restricted or precluded as a result of this project. C. Person affected by water pollution resulting from the project. The project is not expected to generate water pollution in contradiction to State standards. d. Project designs and actions which will reduce adverse impacts of water pollution. The project will incorporate standard South Florida Water Management District water quality control features to detain and pre -treat stormwater runoff. Wetlands will be protected from direct project runoff by the on -site water management plan. 4 THE DUNES Envvonmental Impact Statemem December 1999, revision 3. Physiography and geology a. A description of soil types found in the project area. The soils found on this project site are: #17 Basinger Fine Sand, #40 Durbin and Wulfert Mucks, and #41 Urban Land Satellite Complex. Reference Exhibit #6 for soil descriptions. b. Areal extent of proposed topographic modification through excavation, dredging and filling. The proposed project would result in impacts to 12.06 acres of South Florida Water Management District and U.S. Army Corps of Engineers jurisdictional wetlands, and 31.19 acres of upland impacts. There will be 135.74 acres of jurisdictional wetlands and 9.57 acres of uplands preserved. 13.10 acres of wetland and 0.34 acres of upland enhancement will be per as compensation for the unavoidable impacts. The upland preserve will also function as a Gopher Tortoise preserve. C. Removal and /or disturbance of natural barriers to storm waves and flooding. Brazilian pepper infested mangroves (0.38 acres) will be impacted by the proposed project. Compensation for these impacts will be in the form of preservation and enhancement of the remaining on- site mangrove areas. d. Modifications to natural drainage patterns. Vanderbilt Drive and Bluebill Avenue already serve as barriers to natural flows across the site. The wetlands on site are tidally influenced from the adjacent waterbody and this regime will not be affected by the project. e. Extent of impervious surface and percent of groundwater recharge area to be covered. The impervious surface area will total 12.51 acres in Phase I and 9.70 acres Phase II. This equates to 11.7% of the project site. f. Annual drawdown of groundwater level resulting from use. A drawdown study was done as part of the water use permit obtained from the SFWMD. Drawdowns ranged from 1.8' 5 THE DUNES EnviroomenW Impel Statemart December 1999, revision adjacent to the pump locations to 0.3' at the wetland limits. Please reference the enclosed map. g. Increased siltation in natural water bodies resulting from the Proposed use. No siltation in natural water bodies or in the wetlands on site is anticipated. Stormwater will flow through grassed swales and/or lakes prior to discharge into wetlands, during which time particulates will drop out of the water column. 4. Wetlands. a. Number of acres of Collier County jurisdictional wetlands by vegetation type, vegetation composition, vegetation abundance, and their wetland functions. Reference Exhibit #8, FL UCFCS Map and Existing/Proposed Land Use Information. South Florida Water Management District and U.S. Army Corps of Engineers jurisdictional wetlands comprise 147.80 out of 188.56 acres (7801o) and include the following communities: ( #5) 4220 Hydric Brazilian Pepper - The canopy cover is 90% Brazilian pepper, with the occasional Buttonwood in the midstory. The understory consists of Swamp fern and Leather fern. ( #6) 4370 Australian Pine- Australian pine is the only species in the canopy, with some Brazilian pepper in the midstory. The groundcover consists of Saw grass, and Leather fern. ( #7) 6179 Disturbed Mixed Hydric Hardwoods - The canopy species in this community are Sweet Bay, Melaleuca, Buttonwood, Dahoon Holly, and Live Oak Wax myrtle, Brazilian pepper, Myrsine, and Gallberry make up the midstory. The understory consists of Leather fern, Swamp fern, Love vine, Grape vine, and Sawgrass. (#8) 6120 Mangrove Swamp- Red, White, and Black Mangroves occupy the canopy in this community, with leather fern in the understory. C THE DUNES Environmental Impact Statement Daxmber 1999. revision ( 0) 4370 Australian Pine- Australian pine is the only species in the canopy, with some Brazilian pepper in the midstory . The groundcover consists of Saw grass, and Leather fern. ( 910) 4370 Australian Pine- Australian pine is the only species in the canopy, with some Brazilian pepper in the midstory. The groundcover consists of Saw grass, and Leather fern. ( #11) 4220 Hydric Brazilian Pepper - The canopy cover is 90% Brazilian pepper, with the occasional Buttonwood or Carolina willow in the midstory. The understory consists of Swamp fern and Leather fern. ( #12) 6411 Sawgrass Marsh - There is no canopy, and the understory is dominated by Sawgrass. ( #13) 4241 Hydric Melaleuca- The canopy consists of Melaleuca, with some Brazilian pepper, Wax Myrtle, Myrsine and Dahoon holly in the midstory. The understory is primarily Swamp fern. ( #14) 4221 Hydric Brazilian Pepper - The canopy is a Brazilian pepper monoculture, with no midstory and mostly Swamp fern as the groundcover. ( #16) 6120 Mangrove Swamp- Red, White, and Black Mangroves occupy the canopy in this community, with leather fern in the understory. ( #17 & 18) 5400 Open Water- Estuarine waters and benthic communities. b. Determine present seasonal high water levels and historical high water levels by utilizing lichen lines or other biological indicators. The control elevation for the project is set at 3.5' NGVD, based on the wet season water table. The water levels in the wetlands are tidally influenced and correspond to local high tide levels. C. Indicate how the project design improveslaffects pre - development hydroperiods resulting from the Oroiect. Hydroperiods for the site are tidally driven and the project as proposed will not affect the pre - development hydrological condition of the wetlands. THE DUNES Enwonmental Inved Statement December 1999, revision d. Indicate the proposed percent of the defined wetlands to be impacted and the effects of proposed impacts on the functions of the wetland areas. Jurisdictional wetlands total 95.14 acres out of a total 188.56 project acres. Exhibit #8 provides a complete acreage breakdown by wetland type, impacts, and preserve. e. Indicate how the project design minimizes impacts on the wetlands. Stormwater will receive pretreatment prior to discharging into the wetlands by directing runoff to grassed swales and lakes. Best management practices such as stake filter cloth will be used at the fill limits to prevent fill material from encroaching into preserved wetlands. f. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County Growth Management Plan. In order to offset adverse environmental impacts resulting from development activities in 12.06 acres of wetlands, the development plan provides for the preservation and restoration of the remaining 135.74 acres of on -site wetlands, as well as the preservation of 9.57 acres of upland habitat. The invasion of Brazilian Pepper, and Melaleuca is heavy on the inside perimeter of the wetland boundary and this infestation will be removed as part of the mitigation plan. 5. Upland utilization of wildlife and species of special status. a. Number of acres of uplands by vegetative type, vegetative composition, vegetation abundance, and their upland functions. Reference Exhibit #8, FLUCFCS Map and Existing/Proposed Land Use Information. South Florida Water Management District and U.S. Army Corps of Engineers non jurisdictional uplands consist of 40.76 of 188.56 acres (22 %) and include the following communities: ( #1) Disturbed Land- This area consists of sugar sand and THE DUNES Envucmneotal Impact Statement December 1999, revision minimal groundcover. ( #2) Coastal Scrubby Flatwoods- The canopy, present only in small isolated areas, is Slash Pine. The midstory consists of Scrub Oak; Buckthorn, Rosemary, Gallberry, and Rusty Lyonia. The understory is Wiregrass, Gopher Apple, Prickly Pear Cactus, and several species of Lichens. ( #3) Pine Flatwoods- Slash Pine is the primary canopy species with small amounts of Sand Pine intermixed. The midstory consists of Saw Palmetto, Scrub Oak; Buckthorn, Rosemary, Gallberry, and Rusty Lyonia. Wire Grass, Gopher Apple, and Prickly Pear Cactus comprise the understory. ( #4) Brazilian Pepper- Brazilian Pepper is the only canopy species and has prevented any midstory growth and understory growth. b. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on the functions of upland areas. There are 31.19 acres of upland impacts proposed for this project, out of 40.76 total acres (76%). There are 9.57 acres of upland planned for preservation and for a Gopher Tortoise Preserve. C. Indicate how the project design minimizes impacts on uplands. There are 9.57 acres of Pine Flatwood and Costal Scrub habitats for proposed preservation. These habitats, which currently have a system of roads throughout them, will be replanted and restored to natural conditions and preserved in perpetuity as Gopher Tortoise habitat. d. Provide a plant and animal species survev to include at a minimum, species of special status that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the guidelines of the Florida Game and Fresh Water Fish Commission. Reference Exhibit #9, Threatened & Endangered Species Survey. e. Indicate how the project design minimizes impacts on species of special status. A 9.57 acre upland preserve will be maintained as Gopher 0 THE DUNES Enviromr=W Impact Satemimt December t 999, revision Tortoise habitat. A fence above and below the ground will contain the tortoises. and prevent them from entering the development area. The Gopher Tortoises, 18 total, have already been moved into the preserve area 6. Marine and estuarine resources. a. Provide the current State of Florida classification of the waters (FAC chapter 17 -3). The adjacent waterway and waterbody are classified as Outstanding Florida Waters. b. Define the number of acres of marine and estuarine resources, by submerged grass beds, breeding areas and nursery areas and their marine and estuarine functions, There is one seagrass bed located at the southern portion of the project that is approximately 0.25 acres in size. C. Indicate the proposed percent of defined marine and estuarine resources to be impacted and the effects of proposed impacts on functions of marine and estuarine resources. The boardwalk and gazebo will temporarily impact 0.17 acres of estuarine habitat but precautions such as wrapping the pilings will be taken to avoid any long term impacts to the system. d. Estimate changes in the dockside landing of commercial fish and shellfish. None. e. Estimate changes in the sport fishing effort and catch. None. f. Provide past history of any environmental impacts to the area including oil spills. None are known. 10 THE DUNES Environmental impact Statement De=nber 1999, revision g. Indicate how the project design minimizes impacts on marine and estuarine resources. The boardwalk will follow the path of least resistance to minimize mangrove impacts. Mangroves will be trimmed but not removed around the boardwalk; and all pilings will be wrapped with PVC material from 1 ' above MHW to 1 ' below the substrate to prevent leaching of hazardous materials into the waters. The boardwalk and gazebo will be built at least 4' above the MHW to allow for light penetration underneath. h. Indicate how the project design shall replace the lost marine and estuarine functions. Estuarine functions will be improved through the removal of Brazilian pepper and Australian pine and it is not anticipated that arty function will be lost due to the boardwalk and gazebo. 7. Noise. a. Describe changes in decibels and duration of noise generated during and after the project (both day and night) that will exceed Collier County regulations; No noise will be generated by the project, either during construction or subsequent to, that would exceed the County, State, or Federal regulations. Noise from construction will be typical of that generated by clearing excavation, hauling, etc., and will be limited to normal working hours. b. steps that will be taken to reduce noise levels during and after the project; and Noise that is generated by construction will be limited to normal working hours. Following construction, there are no anticipated increases in noise levels. C. project compliance with Federal Aid Highway Program Manual 7 -3 -3. } Not applicable. 3.8.5.4.2 Public Facilities and Services 1. Wastewater Management 11 THE DUNES EmuoomcvW Imped Stabenxat December 1999, revWca a. Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of treatment. The North County Regional Waste Water Treatment Facility has an operating capacity of 8.5 mgd and is presently operating at 7.7 mgd, or 91 % capacity. The treatment facility offers both primary and secondary treatment of wastes. b. If applicable, describe similar features of proposed new treatment facilities. Not applicable. C. Describe the character and fate of both liquid and solid effluents. The North County Regional Waste Water Treatment Facility will receive all liquid and solid effluents from the project. 2. Water Supply. a. Estimate of average daily potable and non - potable water demands by the project. The estimated daily potable water use is 188,500 gal /day (250 gal /day /unit) and the estimated daily non potable water use for the project is approximately 20, 000 gal/day (1 " /week for 5 acres). b. Source of the raw water supply. The South Florida Water Management District does not allow irrigation wells in the Tamiami Aquifer (80 ft. to 200 ft. below the land surface); therefore, the water table Aquifer will be used for the irrigation wells at a depth of approximately 30 to 40 ft. C. Analysis of on -site treatment systems relative to State and County standards. Not applicable. 12 THE DUNES Enviromuntal Impact S» December 1999, revision 3. Solid Wastes. a. Estimate of average daily volume of solid wastes. The project could generate approximately 3.77 tons of solid wastes per day, based on an average per unit production of 10 lbs. /day. b. Proposed method of disposal of solid wastes. Solid wastes will be disposed of at the Collier County Land Fill. C. Any plans for recycling or resource recovery. Newspaper, aluminum can and glass pickup will be available for all residents. 4. Recreation and open spaces. a. Acreage and facilities demand resulting from the new use. The project is within a reasonable travel distance to County beaches and associated recreation facilities. The project is not expected to impact those facilities to a large extent. b. Amount of public park/recreation land donated by the developer. Approximately 2.07 acres of open sand dune area along Bluebill Avenue will be incorporated into the proposed County Park along Bluebill Avenue. C. Management plans for any open water areas of one -half acre or more within the project. Lakes developed within the project will be constructed in accordance with the County and South Florida Water Management criteria. Lake management requirements will include periodic removal of excess vegetation within and around the lakes on an as needed basis. Common area and lake management will be the responsibility of the home owner's association. Easements for water management areas will be dedicated to the County. In addition to on -site lakes, Sl. 76 acres of Water Turkey Bay and the Vanderbilt Lagoon Waterway will be preserved under a conservation easement in perpetuity. 13 THE DUNES Envkom ental Impact Statement December 1999, revision d. Plans for recreational development by the developer on dedicated lands. A boardwalk from the development to the canal has been planned and mitigated for, but not permitted at this time. This boardwalk will include educational displays on theflora and fauna of southwest Florida. e. Amount of public recreation lands removed from inventory by the new use. None. L Development and /or blockage of access to public beaches and waters. None. 5. Aesthetic and Cultural Factors. a. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Reference Exhibit #10, Master Site File Letter. b. Locate any known historic or archaeological sites and the relationship to the proposed project design. There was an archeological site within the project boundaries, but further research showed that the site was not considered eligible for inclusion on the National Register of Historic Places (NRHP). C. Demonstrate how the project design preserves the historic/archaeological integrity of the site. Not applicable. 14 THE DUNES Enviroamental Impact Staument December 1999, revision d. Indicate any natural scenic features that might be modified by the project design and explain what actions shall be utilized to _ preserve aesthetic values. There are 68.98 acres of Mangrove Swamp and 51.76 acres of Bay /Estuary habitat preserved, as well as 9.57 acres of increasingly rare Coastal Dune / Scrub preserved, to offset impacts to 12.06 acres of disturbed wetlands and 31.19 acres of uplands. e. Provide the basic architectural and landscaping designs. Architectural and landscape designs will be submitted during the review process to Collier County Project Review Services. 6. Monitoring. a. Describe the design and procedures of any proposed monitoring during and after site preparation and development. Reference Exhibit 911, Mitigation, Monitoring and Maintenance Plan. A wetlands monitoring and maintenance plan will be required by the South Florida Water Management District for the proposed wetland restoration. The Baseline Monitoring of the wetlands has been completed and submitted to the SFWMD for review and comment. Section 3.8.6 SPECIFICS TO ADDRESS 3.8.6.1 General: The statement should specifically address the following: 3.8.6.1.1 and Indicate how the proposed project has incorporated the natural. aesthetic 3.8.6.1.2 and cultural resources and other environmental considerations in the planning and design of the proposed project, and list the environmental impact(s) of the proposed action and the reasons) that the impact(s) are unavoidable and that the impact(s) represent the minimum impacts possible to the environmental quality of the site and /or the surrounding area, which might be affected by the proposed use. The applicant will preserve the eastern shoreline of Water Turkey Bay to prevent 15 THE DUNES Envvairoeotal Impecx Statement December 1999, revision passive recreational uses such as boardwalks or boatingfacilities, as well as 68.98 acres of surrounding Mangrove Swamp. There will also be 9.57 acres of increasingly rare Scrub and Ratwood habitat protected as a Gopher Tortoise Preserve. The applicant is planning to incorporate the sand dune area (approximately 2.07 acres) along Bluebill Avenue into the County park across the street. The majority of the development impacts will occur in upland habitats, with only 12.06 acres of wetland impacts. All wetland impacts will occur in moderately to highly infested areas of Brazilian Pepper andlor Melaleuca. 3.8.6.1.3 Provide substantiated alternatives to the proposed project so that reasons for the choice of a course of action are clear, not arbitrary or capricious. The areas for development were chosen because they were least environmentally sensitive areas. The Mangrove Swamps were avoided within the limits of development and an additional 100 acres of Mangrove and Bay/ Estuary habitat were purchased to provide for more preservation of these sensitive areas. A9.57 acre upland preserve was provided in the middle of the site as well. 3.8.6.1.4 Immediate short -term and long -term impacts to the environment. The immediate impacts to the environment will include increased noise levels from construction activities, slightly elevated air pollution levels from earth moving activities, and the relocation of Gopher Tortoises into the preserved area. The long -term impacts to the environment include the net loss of 12.06 acres of wetland habitat and 31.19 acres of upland habitat, in exchange for 51.76 acres of Bay/Estuary, 69.98 acres of Mangrove Swamp and 9.57 acres of Upland habitat to be preserved and enhanced. 3.8.6.1.5 Any irreversible and irretrievable commitments of natural resources which would be involved if the proposed action should be implemented. There would be a net loss of wetland acreage but the preservation and enhancement of 121.74 acres of environmentally sensitive habitats from future development or recreational use insures that there is no loss of function relative to the existing conditions of the site.. 16 EXHIBIT 2 PERMIT NO: 11- 01725 -P PAGE 10 OF 10 LETTER OF CONSENT CONDITIONS 1.. No activities other than those set forth in Application No. 041029 -4 and in this permit are authorized. Any additional activities on state -owned sovereignty submerged lands must receive further consent from the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (hereinafter the "Board ") or their properly designated agent. 2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof. 3. Grantee agrees to use or occupy the subject premises for those purposes specified herein, and grantee shall not permit the premises or any part thereof to be used or occupied for any other purpose or knowingly permit or suffer any nuisances or illegal operations of any kind of the premises. 4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare. The premises are subject to inspection by the Board or its designated agent at any reasonable time. 5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands arising out of this consent. 6. No failure, or successive failures, on the part of the Board to enforce any provision, waiver or successive waivers on the part of the Board .of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Board to enforce the same in the event of subsequent breach. 7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the event grantee fails or refuses to comply with the provisions and conditions of this consent, the consent may be terminated by the Board after written notice to the grantee. Upon receipt of such notice, the grantee shall have thirty (30) days in which to correct the violation. Failure to correct the violation(s) within this period shall result in the automatic revocation of this consent. 8. All costs, including attorneys' fees, incurred by the Board enforcing the terms and conditions of this consent shall be paid by the grantee. Grantee agrees to accept service by certified mail of any notice required by Chapter 18 -14, Florida Administrative Code, at the address shown on page one of this permit and further agrees to notify the Board in writing of any change of address at least ten days before the change becomes effective. 9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereignty submerged land or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the property during the effective period of this consent. 10. Grantee agrees that any dispute arising from matters relating to this consent shall be governed by the laws of Florida and initiated only in Leon County, Florida. 11. The consent associated with these general consent conditions as well as these conditions themselves are subject to modification after 5 years in order to reflect any applicable changes in statutes, rule or policies of the Board or its designated agent. 12. In the event that any part of the structure(s) consented to herein is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, grantee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply shall constitute a material breach of this consent and shall be grounds for its immediate termination. EXHIBIT _K - I 9 FMS Ific. of NaP165 Project Management Services Synopsis of Neighborhood Information Meeting for the Dunes PDI - PL2012 -159 On February 27, 2012 a neighborhood information meeting was held at St John The Evangelist Catholic Church. Karen Bishop and Tim Hall were introduced as the presenters. Nancy Gundlach from the county staff was also introduced. The meeting was attended by approximately 33 members of the community. Karen Bishop explained that the purpose of the meeting was to review the request by Vanderbilt Partners II LTD to revise the Dunes PUD Master Plan to identify where the boat docks are to be located. She went on to tell the attendees that although the meeting was specifically for the modification to the PUD Master Plan that Tim Hall of Turrell & Associates was available to review the Boat Dock Extension application and give the opportunity to ask questions. Karen provided a brief history of the Dunes PUD starting in 1998 and subsequent PUD revision in 2000. She explained the changes to the dock requirements that were approved in 2000 which made the PUD criteria typical to other PUDs. She summarized the zoning commitments where the developer agreed to no more than 60 docks with no docking in Water of Turkey Bay. She explained that the current plan was for 49 slips and shows that the docks are to be located in the man made water body on the Master Plan exhibit. A question from the audience concerning any potential fueling facilities was clarified by Tim. He went on to explain what typical safeguards will be in place for any spills. He went on to explain the pump -out procedures and safeguards as well as why they were being required by South Florida Water Management as a part of the permits. There were questions on hurricane preparedness and Tim explained the typical procedures that would be a part of the Hurricane Preparedness plan submitted at the time of Site Development Plan approval. There was a question on whether the docks would be manned 24/7. It was explained that there most like would not be manned 24/7 but that there would be a dock master whose job will be to take care of the ongoing maintenance as necessary to maintain the facility. There were questions on how much the dock master would make. A member of the Dunes dock committee responded with an update of what stage the documents and budgets were at. The question of ownership of the waterway came up and Tim clarified the ownership as Vanderbilt Partners II LTD and went on to explain how the state determines sovernty. Someone asked whether the channel was dredged with public or private funds. It was concluded that it was most likely private developer since it was dug to access the waterways to the south of Bluebill Bridge. There was a question about the 4 slips on the west side when the State takes over ownership. Tim went on to explain the lease coverage as well as the fees that will be generated for the State. He clarified that the lease needs renewed on a five year basis and that compliance with the permits is verified for renewal. There was a question whether this construction would cause damage to the mangroves as what happened in Clam Pass. Tim explained the impact on the mangroves was specifically due to the pass closing and no flushing. There was a question about the flow of water being restricted due to a boat floating on it. Tim explained that boats do not restrict the flow which is determined by the tides. Tim responded to questions of dredging and how it was only occurring water ward of the dock not near any identified sea grass area and will be stabilized with riprap in some areas. Tim was questioned on who did the mapping of the sea grasses and had anyone verified Tim's 2335 Tamiami Trail N., Suite 408, Naples, FL 34103 / (239) 435 -9080 x3 / Fax 435 -9082 /Email: karenbishop@pmsnaples.com PM5., Inc, of NaP165 Project Management Services mapping. He clarified that the area had been dove by the permitting agencies and that the grasses had not been there some of the years he dove the area. There were questions of the height of the docks with lifts. There were concerns of the view that would be changing upon facility completion. There was an inquiry of full time residents at the Dunes as well as who would be able to utilize the docks. 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Jennejohn BnE vQoa -qiq $B From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Tuesday, January 24, 2012 9:46 AM To: Minutes and Records Cc: Lorenz, William; Bellows, Ray; Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia Subject: New Advertising Request for 11495 Vanderbilt Drive BD- PL2010 -979 Attachments: NDN Ad for CCPC 1- 24- 12.docx; BDPL10979(2x3) 11- 30- 11.pdf Good morning, Attached is a slightly different advertisement from the ad that was sent yesterday. (The title is different and the companion petition number has been added). Please begin to advertise the above petition. There is a companion PDI petition that we will be also advertising. Please note, the two companion petitions must be advertised together. Please do not send this ad to the NDN without the companion petition ad. Once I get the information for the companion petition (hopefully today) I will send the companion ad to you. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancvGundlach @colliergov.net Under Florida taw, e-mail addresses are public records. If you do not want your e -mail address releasedin response to a pub is records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. January 24, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 28, 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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, February 16, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution relating to Petition Number BDE- PL2010 -979 for a 261 -foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 281 feet from the mean high water line which will allow a new docking facility of approximately 11,300 square feet of over water structure to accommodate 49 boat slips on property located in the Dunes Planned Unit Development at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to PDI- PL2012 -0159) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 D z m m D D co m = V • o VANDERBILT DRIVE (C.R.901) V OODLETTE- FR%�NK LVD. (C.R.851) oalxgyr jo C'= m m Sr cn z < r-> z o� z Dm x� p N rn = m r r D N D O nr �M dzna N O o D = ,-Ni / =mC- �z D r m OD C7 D x m om C/) z z C� n 0 C M U) O k7< ��r _ cn CZ -i D z rn r N ;u --I m TAMIAMI TRAIL (U.S. 41) = M O D z -0 D r p D m (m � = D U�z m m0O0 rn� V OODLETTE- FR%�NK LVD. (C.R.851) oalxgyr jo C'= m m Sr cn z < r-> z o� z Dm x� p N rn = m r r D N D O nr �M dzna N O o X 0 0 L 0 Z ZDO C) O 0 O Dy �0 2 m m \-0 ~' D � D O om C/) C� n 0 o 7p0op ��r v►vX N rn r N �m m o X 0 0 L 0 Z ZDO C) O 0 O Dy �0 2 m m Ann P. Jennejohn To: legals @naplesnews.com Subject: BDE- PL2010 -979 (Display Ad w /MAP) Attachments: BDE- PL2010- 979.doc; BDE- PL2010- 979.doc; BDE- PL2010- 979.pdf Good Morning, Please advertise the attached Display Ad w /Map on Saturday, January 28, 2012. This is a companion to the Display Notice for PDI- PL2012 -159; these two display ads must be advertised together. Thank you. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Acct #068779 January 25, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: BDE- PL2010 -979 (Display Ad w/Map) Companion and must be advertised with Display Notice PDI- PL2012 -159 Dear Legals: Please advertise the above referenced notice (w /map) Saturday, January 28, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500131207 January 25, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 28. 2012, and furnish proof of publication in Triplicate, to the Board Minutes and Records Department, 3299 Tamiami Trail E., Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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, February 16, 2012, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution relating to Petition Number BDE- PL2010 -979 for a 261 -foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 281 feet from the mean high water line which will allow a new docking facility of approximately 11,300 square feet of over water structure to accommodate 49 boat slips on property located in the Dunes Planned Unit Development at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to PDI- PL2012 -159) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 D IXgyt j0 jgna z oa 0 m �7 En CO � co m = cn VANDERBILT DRIVE (C.R.901) D = W / z rn. D = n 0 O X 00 W= m U) F(m1n) z z c�� crn O o p cn 2 m m VANDERBILT DRIVE (C.R.901) V OODLETTE -FRANK LVD. (C.R.851) <r to z c rD =O D r-;r,, Ox z D rn ;U ij p cn rn = rn F r r D D O nr �r �X D = W / z rn. D = n rn C- O X 00 DG m U) c) z z c�� crn O o p cn 2 --I > Z m� TAMIAMI TRAIL (U.S. 41) = X O D -0 D D r- > (n D ••� -° zm cn =z cn OX J DMZ rn ;u On �7K rn50 V OODLETTE -FRANK LVD. (C.R.851) <r to z c rD =O D r-;r,, Ox z D rn ;U ij p cn rn = rn F r r D D O nr �r �X r -U r> O C-) = n ZDO mir �_� ND y O� N D om cn c�� >o o p -� r �- m m r -U r> O C-) = n ZDO mir �_� Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, January 26, 2012 12:24 PM To: Ann P. Jennejohn Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 Attachments: NDN240173981.pdf; NDN240173982.pdf Please review the attached display ads The ad cost is as follows: 240173981 - $912.00 240173982 - $912.00 Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: le als naplesnews.com www.napiesnews.com From: Cushman, Charlene Sent: Thursday, January 26, 2012 12:13 PM To: Green, Amy Subject: PROOF FOR BCC ZONING #240173981 & 982 Charlene M. Cushman NAPLES NEWS MEDIA GROUP µ Naples Daily News 1100 Immokalee Road Naples, FL 34110 239 - 435 -3488 cmcushman nanlesnews com PUBLIC NOTICE PUBLIC NOTTCF. 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, February 16, 2012, in the Board of County Com- missioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution relating to Petition Number BDE- PL2010 -979 for a 261 -foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protru- sion of 281 feet from the mean high water line which will al- low a new docking facility of approximately 11,300 square feet of over water structure to accommodate 49 boat slips on property located in the Dunes Planned Unit Development at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to PDI- PL2012 -159) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] COCOHATCHEE BAY PROJECT + 20 THE 21 LOCATION 22 COLLIER HEALTH DUNES VANOE ILT VILLAS COLLIER CENTER NORTH TRACT 22 SHORE COLLIER PLAZA q LAKE TRACT 21 21 (DRI) ae VILLAS NAPLES- IMMOKALIE c ROAD (C.R. 846) COVENTRY GRANA A CREEKSIDE 2 SQUARE SHOPP S COMMERCE ST. JOHN PARK THE EVANGELIST 29 CATHUC CHURCH NAPLES U DAILY NEWS Y VANDERBILT 28 BEACH Z � 27 yW, ESTA TES ' APLES g N PELICAN C V PARK MARSH lluu Ha. (DRI) O 8 c7 m 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 2012, in order to be considered at the public hearing. All ma- terials used in presentation before the CCPC will become a permanent part of the record and will be available for presen- tation 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 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 No. 240173981 njjaIy 29 2012 Ann P. Jennejohn From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Thursday, January 26, 2012 1:32 PM To: Ann P. Jennejohn Cc: Bellows, Ray Subject: RE: Advertising Request for The Dunes PDI- PL2012 -159 That sounds good to me. Please "go for it!" Thanks, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 From: Ann P. Jennejohn (mailto:Ann.Jennejohn(a collierclerk coml Sent: Thursday, January 26, 2012 1:08 PM To: GundlachNancy Subject: RE: Advertising Request for The Dunes PDI- PL2012 -159 Hi Nancy, Is it alright if those BDE and PDI Display Ads run this Sunday January 29th? There is no difference in price. I didn't think there'd be a problem with that, but thought I should confirm it with you. Please let me know when you get a free minute. Thanks Nancy! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 -252 -8406 239 - 252 -8408 (Fax) From: GundlachNancy f mailto :NancyGundlach(a)colliergov net] Sent: Wednesday, January 25, 2012 8:30 AM To: Ann P. Jennejohn Ann P. Jennejohn From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Thursday, January 26, 2012 2:06 PM To: Ann P. Jennejohn Subject: RE: PROOF FOR BCC ZONING #240173981 & 982 Hi Ann, The ad's look good. Please proceed. Thanks, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239 )252 -2484 NancyGundlach@colliergov.net From: Ann P. Jennejohn fmailto :Ann.Jennejohn@collierclerk coml Sent: Thursday, January 26, 2012 1:59 PM To: GundlachNancy Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 Hi again, I'm sure glad you said Sunday was o.k., because when she called I told her to just get going on it and I would check with you. So, here are the "proofs" for your approval. I really thought the charges would be a little higher for an ad published on Sunday .... it's good to know that they're not! Thanks again @ Ann From: Green, Amy fmailto:AGreen@Naplesnews coml Sent: Thursday, January 26, 2012 12:24 PM To: Ann P. Jennejohn Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 1 Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, January 26, 2012 2:30 PM To: Ann P. Jennejohn Subject: RE: PROOF FOR BCC ZONING #240173981 & 982 They're scheduled to publish on Sunday and they will print side by side. Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: _legals(@naplesnews.com www.naplesnews.com From. Ann P. Jennejohn [ mailto:Ann.JennejohnCacolli r�c. lerk.coml Sent: Thursday, January 26, 2012 2:15 PM To: Green, Amy Subject: RE: PROOF FOR BCC ZONING #240173981 & 982 Looks great 0 Please publish them on Sunday. I forgot to ask you Amy, was there going to be a problem running the two display notices side -by -side? Thanks for your help Amy. Ann From: Green, Amy fmailto :AGreen(a)Naplesnews.com] Sent: Thursday, January 26, 2012 12:24 PM To: Ann P. Jennejohn Subject: FW: PROOF FOR BCC ZONING #240173981 & 982 Please review the attached display ads. The ad cost is as follows: 1 NAPLES DAILY NEWS - Published Daily Naples, FL 34110 Affidavit of Publication State of Florida - Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared MMLynn Roeller, who on oath says that she serves as the Advertising Accounting Manager of the Naples Daily News, a daily newspaper published_ at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on January 29, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publipti9n iq the said n9wspaper. - A ( Signature of Cant) Sworn to and subscribed before me This 31 st day of January, 2012 WJ (Signature of notary public) KAROL E KANGAS Notary Public - State of Florida Is 1.11 of c��' ,` MY Comm. Commission Expires 013 aM DD 91223 '1�� 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, February 16, 2012, in the Board of County Com- missioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution relating to Petition Number BDE- PL2010 -979 for a 261 -foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protru- sion of 281 feet from the mean high water line which will al- low a new docking facility of approximately 11,300 square feet of over water structure to accommodate 49 boat slips on property located in the Dunes Planned Unit Development at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to PDI- PL2012 -159) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] COCOHATCHEE BAY PROJECT LOCATION 2C THE 21 22 COLLIER HEALTH VANDE ILT VILLAS COLLIER CENTER COLLIER PLAZA TRACT 22 K SHORE KE TRACT 21 21 (DRI) k VILLAS NAPLES- IMMOKALEE ROAD (C .R. %6) ��ZUU COVENTR Y GRANA A CREEKSIDE SQUARE SHOPP 5 COMMERCE O ^ ST. JOHN PARK THE EVANGELIST ✓ 29 = U CATHLIC CHURCH NAPLES DAILY NEWS TY VANDERBILT 28 27 BEACH ESTATES ZG NAPLES y. ¢ < ° PELICAN PARK QN. MARSH U (DRI) p 8 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 comments must be filed with the Department of Zoning and, Land Development Review prior to Thursday, February 16, 2012, in order to be considered at the public hearing. All ma- terials used in presentation before the CCPC will become a permanent part of the record and will be available for presen- tation 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 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 No. 24 01 73 981 ______ January 29 2012 WOODWARD, FIRES & LOMBARDO, P.A. ATTORNEYS AT LAW February 29, 2012 CRAIG R WOODWARD Board Cerfi6ed: Real Estate Collier County Planning Commission MARK J. WOODWARD 3299 Tamiami Trail East Board ' Real Estate Naples, Florida 34112 ANTHONY P PIRES, JR. Board Certified: City, County, and Local cownument Re: BDE- PL2010 -979; 11495 Vanderbilt Drive (The Dunes Docks) J. CHRISTOPHER LOMBARDO Board Certified: Marital and Fan* L. Dear Commissioner: STEVEN V. BLOUNT CAME E. LADEMAN This letter is being sent on behalf of the Vanderbilt Beach Residents CARLO F. ZAMPOGNA Association, Inc. ( "Residents Association ") and the individual residents of Vanderbilt Surf Colony and Gulf Breeze at Vanderbilt listed on the attached Exhibit "A -1 (the "Residents ") with regards to the above referenced JENNIFER application currently scheduled for your consideration on March 1, 2012. M. ENNES JENNIFER M. TENNEY The Residents Association is a not - for - profit Florida Corporation. Property owners living within the area bounded on the South by Vanderbilt Beach Road; on the North by Wiggins Pass Bridge / Wiggins Pass; on the West by the Gulf of Mexico; and, on the East by Vanderbilt Drive; are eligible to join and become members of the Residents Association. At the present time the Residents Association has 1,022 paid members. The mission of the Residents Association is as outlined on the attached Exhibit "A -2 ". Vanderbilt Surf Colony and Gulf Breeze at Vanderbilt are adjacent to The Dunes PUD. See attached Exhibit "A -3 ". As an initial matter, objection is made as to any consideration of a boathouse as part of this BDE application. The BDE application with Vanderbilt Partners II, ltd. as the applicant does not have the box marked indicating that a boathouse is being requested. (see Exhibit "B "); and, the legal notice for the February 16, 2012 CCPC hearing does not provide notice that a boathouse is part of the BDE application or is to be considered by the CCPC (see Exhibit "C ") REPLY TO: zoo TAMIAMI TRAIL N. SUITE 200 If the March 1 2012 hearing proceeds for the reasons outlined NAPLES, FL 34103 herein, and additional matters that may be presented at public hearings, the 239- 649 -6555 239 - 649 -7342 FAX Residents Association and Residents object to the granting of any approval ❑ 606 BALD EAGLE DRIVE for the facilities requested in the above noted BDE application. SUITE 500 P.O. BOX ONE MARCO ISLAND, FL 34146 As to the BDE application: 239 - 394 - FAX 239 - 642 -6402 FAX 1. the proposed dock facilit y is inconsistent with the Conservation and Coastal Management Element (CCME) Policies WWW.WPL— LEGAL.COM 7.2.2, 6.3.2 and 10.6.1; and, the proposed dock facility is inconsistent with the Collier County Manatee Protection Plan. 2. the BDE application is deficient for failure to comply with the requirements of Policy 10.1.6 of the CCME, and is inconsistent with said Policy 10.1.6. 3. the proposed dock facility is inconsistent with Section 5.03.06.J.3 of the Land Development Code (LDC). 4. the BDE request does not meet the necessary amount of required criteria, primary and secondary, as required by Section 5.03.06.H. of the LDC. 5. the proposed dock facility is not an authorized use in its proposed location. 1. The requested facilities are inconsistent with CCME Policies 7.2.2, 6.3.2 and 10.6.1 and the Collier County Manatee Protection Plan. Policy 7.2.2 of the CCME states: Sea -grass beds shall be protected through the application of policies 6.3.1, 6.3.2 and 6.3.3 of this element [see attached Exhibit "D"] As part of their objection, the Residents Association and the Residents adopt and incorporate by reference herein the arguments and objections contained within the February 27, 2012 letter to the Planning Commission relating to BDE -PL 2010 -979 submitted by the Conservancy of Southwest Florida (the "Conservancy "), such excerpted portions of that letter being attached hereto as Exhibit "E. For all of the reasons outlined in the above noted letter from the Conservancy, Policies 6.3.2 and 10.6.1 of the CCME apply to this project and the proposed project is inconsistent with the standards and criteria outlined in Policies 6.3.2 and 10.6.1 of the CCME and thus must be denied. 2. The BDE must be denied for failure to comply with the requirements of Policy 10.1.6 of the CCME The BDE application acknowledges impacts to sea grasses (asserted to be less than 5 %). Policy 10.1.6 of the CCME requires that: All new marinas, water - dependent and water related uses that propose to destroy viable naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to demonstrate the public benefit and financial feasibility of the proposed development. [see attached Exhibit "F"] -2- The proposed project is a multi -slip boat docking facility and as such is a water dependent and water related us . The fiscal analysis required by Policy 10.1.6 of the CCME h s not been submitted. Thus, the required demonstration of the public benefit and financial feasibility of the proposed development has thus not been provided. 3. The proposed facilities are inconsistent with Section 5.03.06.J.3 of the LDC. As part of their objection, the Residents Association and the Residents adopt and incorporate by reference herein the arguments and objections contained within the February 27, 2012 letter to the Planning Commission relating to BDE -PL 2010 -979 submitted by the Conservancy of Southwest Florida (the "Conservancy "), such excerpted portions of that letter being attached hereto as Exhibit "F ". 4. The BIDE request does not meet the necessary amount of required criteria primary and secondary, required by Section 5.03.06.H. of the LDC. In order for the Planning Commission to approve the BIDE (in addition to all of the other matters outlined here), it must be determined that at least 4 of the primary criteria and at least 4 of the 6 secondary criteria have been met. Substantial previous correspondence by residents and property owners within the Vanderbilt Beach area, including members of the Residents Association and Residents, have articulated these concerns and will be addressed in detail at the public hearing A. It is submitted that at a minimum the following primary criteria have not been met- i. 5.03.06.H.1.c., as the proposed dock facilities will have an adverse impact on navigation within the adjacent navigable channel. ii. 5.03.06.H.1.d., as the proposed dock facility protrudes more than 25% of the width of the waterway, a point conceded by the applicant. iii. 5.03.06.H.1.e., as the proposed location and design of the dock facility would interfere with the use of neighboring docks. -3- B. It is submitted that at a minimum the following secondary criteria have not been met: i. 5.03.06.H.2.d., as the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ii. 5.03.06.H.2.e., as seagrass beds are located within 200 feet of the proposed dock facility and will be impacted. iii. 5.03.06.H.2.f., as the proposed dock facility is subject to but not in compliance with, the manatee protection requirements of subsection 5.03.06(E)(11) of the LDC. 5. The proposed dock facility is not an authorized use in its proposed location For all of the reasons outlined within the attached (without exhibits) letter dated February 298, 2012 to the Planning Commission, which are incorporated herein by reference, boat docks and the boathouse are not permitted uses under The Dunes PUD and master plan. 6. Other issue i. the BDE states that the maximum draft of vessels is to be 3.0 feet. However, South Florida Water Management District (SFWMD) Permit #11- 01725 -P (Application #041029 -4) issued July 8, 2009 limits the maximum draft to 2.5 feet [see attached Exhibit "G "]. ii. as noted above, the boathouse is not part of the BDE application and was not mentioned in the legal notice. For all the foregoing it is respectfully requested that BDE - PL 2010 -979 be denied. The Residents Association and the Residents reserve the right to raise, assert adopt and incorporate additional issues and concerns at public hearings. r APP /Ig Enclosure(s) cc: Nancy Gundlach, Ray Bellows, Heidi Ashton, Jeff Klatzkow BOAT DOCK EXTENSION SUMMARY OF OBJECTIONS BY ANTHONY P. PIRES, JR. ON BEHALF OF NOTED PARTIES Object to any consideration of a boathouse. • The BDE application with Vanderbilt Partners II, ltd. as the applicant does not have the box marked indicating that a boathouse is being requested. (see Exhibit "B "); and, • the legal notice for the February 16, 2012 CCPC hearing does not provide notice that a boathouse is part of the BDE application or is to be considered by the CCPC (see Exhibit "C ") CCME, MPP AND LDC ISSUES • the proposed dock facility is inconsistent with the Conservation and Coastal Management Element (CCME) Policies 7.2.2, 6.3.2 and 10.6.1; and, the proposed dock facility is inconsistent with the Collier County Manatee Protection Plan. • the BDE application is deficient for failure to comply with the requirements of Policy 10. 1.6 of the CCME, and is inconsistent with said Policy 10.1.6. • the proposed dock facility is inconsistent with Section 5.03.06.J.3 of the Land Development Code (LDC). • the BDE request does not meet the necessary amount of required criteria, primary and secondary, as required by Section 5.03.06.H. of the LDC. • the proposed dock facility is not an authorized use in its proposed location. • Adopt the arguments and objections contained within The February 27, 2012 letter to the Planning Commission submitted by the Conservancy of Southwest Florida (the "Conservancy "). • The proposed project is inconsistent with the standards and criteria outlined in Policies 6.3.2 and 10.6.1 of the CCME and thus must be denied. • The proposed project is a multi -slip boat docking facility, a water dependent and water related use, yet the fiscal analysis required by Policy 10.1.6 of the CCME has not been submitted. Thus, the required demonstration of the public benefit and financial feasibility of the proposed development has thus not been provided. - 1 - At a minimum the following primary criteria have not been met: i. 5.03.06.H.1.c., as the proposed dock facilities will have an adverse impact on navigation within the adjacent navigable channel. ii. 5.03.06.H.1.d., as the proposed dock facility protrudes more than 25% of the width of the waterway, a point conceded by the applicant. iii. 5.03.06.H.1.e., as the proposed location and design of the dock facility would interfere with the use of neighboring docks. At a minimum the following secondary criteria have not been met: i. 5.03.06.H.2.d., as the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. ii. 5.03.06.H.2.e., as seagrass beds are located within 200 feet of the proposed dock facility and will be impacted. iii. 5.03.06.H.2.f., as the proposed dock facility is subject to but not in compliance with, the manatee protection requirements of subsection 5.03.06(E)(11) of the LDC. • The proposed dock facility is not an authorized use in its proposed location. • SFWMD Permit #11- 01725 -P (Application #041029 -4) issued July 8, 2009 limits the maximum draft to 2.5 feet -2- THE DUNES BOAT DOCK EXTENSION (BDE) - CONSERVANCY FINDINGS MPP Section 3.2.1 — "Collier County Land Development Code" states: Multi -slip docking facilities with 10 slips or more, and all commercial marina facilities shall comply with the stipulations listed in the LDC. The guidelines for the construction of boat houses and docks are listed in LDC Section 2.6.21, and contain language for the protection of seagrass beds and other benthic communities. As The Dunes docks would exceed 10 slips, this policy applies. LDC Section 2.6.21 has been re- numbered to Section 5.03.06, but contains the same language as was referenced in the above MPP policy. LDC Section 5.03.06 contains requirements for dock facilities and Subsection J.3.states, in part: J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 3. Where a continuous bed of seagrasses exist off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. The CCME contains almost identical language in Policies 6.3.2 and 10.6.1 and for the sake of brevity will not be repeated here. The Florida Administrative Code (F.A.C.), Section 18- 20.003(67) defines a terminal platform as: That part of a dock or pier, including finger piers, that is connected to the access walkway, is located at the terminus of the facility, and is designed to secure and load or unload a vessel or conduct other water dependent activities. 1. The terminal platform area of the dock exceeds the 160 square foot maximum Based upon the F.A.C. definition, the portion of the structure where boats are docked is considered to be a terminal platform. The Dunes proposed docks along the 1,540 foot north -south walkway constitutes a terminal platform, which County policy limits to a maximum of 160 square feet. The 1,540 dock obviously exceeds this maximum. 2. The access dock exceeds a width of 4 feet The docks are proposed to be 6 feet wide, which exceeds the LDC 4 -foot limit. Dock width should be reduced to meet the LDC (or ADA, if different than the LDC). 3. The access dock and terminal platform are not sited to impact the smallest area of seagrass beds possible The proposed dock configuration is inconsistent with this portion of the LDC, since the applicant has made no attempt to protect any portion of the adjacent seagrasses through minimization of the north - south extent of the docks, nor have they met the 10 -foot setback between docks and grasses. • Remove the parallel boat parking from the north -south portion of the project This will turn a terminal platform, as defined by F.A.C., into an access walkway. Boat docks would then need to be confined to the finger piers, each less than 160 square feet. • Minimize impacts to seagrass beds Shorten the length of the north -south access walkway, allowing for the seagrass area across the channel from the Baker Carroll Point boat basin, which is an area that typically has denser seagrasses than other areas along the project footprint, to be better protected from impacts of shading. Attachment 1 Legend Dock Configuration Consistent with AMP Policies Boardwalk 6.3.2 & 10.6,1 & LDC Section 5.0306 J.3 Access Walkway (No Parallel Wet Slips) Terminal Platforms (Wet Slips Allowed) Dock location and seagrass extent approximate. Seagrasses For illustrative purposes only. W CONSERVANCY of Southwest Florida. OUR WATER. LAND. wn_ni ioc PITI- EXHIBIT A -1 Wilbur and Carol Kanak 17 Bluebill Ave, Naples, FL 34108 #401 Carl & Marie Knudsen 17 Bluebill Ave, Naples, FL 34108 #104 Harold & Barbara Linnerud 17 Bluebill Ave, Naples, FL 34108 #106 Ron & Barb Miner 11 Bluebill Ave, Naples, FL 34108 #801 Robert & Ruth Rittermyer 17 Bluebill Ave, Naples, FL 34108 #201 William Sjostrom 25 Bluebill Ave Naples, FL 34108 #203 Jim & Susan Snyder 17 Bluebill Ave, Naples, FL 34108 #803 EXHIBIT EXHIBIT A -2 Mission Our Mission Up Next 0 0* 4 * 0 0 0 0 0 0* 0 4 * 0 4 0 Page 1 of 1 The Vanderbilt Beach Residents Association shall encourage and promote the proper development of the Vanderbilt Beach area as a choice residential and recreational community and to take whatever actions may be deemed necessary to achieve such purpose including, but not limited to, the presentation of Association points of view to appropriate governmental or other bodies; the establishment of desirable activities to promote the general welfare of the Association members; and the ownership and use of real or personal property. EXHIBIT http://www.vbra.org/mission.htm 2/20/2012 Vanderbilt Beach Residents Association, Naples, Florida, USA ,.e Vanderbilt Beach Residents Association 6 Current Newsletter DContact Us! VANDERBILT BEACH - TODAY AND TOMORROW Home Our Mission History The Board Who we are Our Pride Legal Documents,, Join Us! Page 1 of 1 Vanderbilt Beach affords a pleasant residential environment and extensive Newsletters recreational resources. Our residents include many people who live and work in the area year round, retirees who live here either full time or seasonally, and also the multitudes of visitors who flock here to enjoy the beautiful MSTU weather and our world- renowned beach and resorts. Vanderbilt Beach is now considered to be one of the finest communities in southwest Florida, if not the country. Other Links Like much of Collier County, we have experienced major growth in the past decade. The area covered by VBRA now pays over $10 million annually in taxes. The last two large parcels of land for new development were built out in the recent past. It will not be long before there is total build -out on both the beach and the lagoons. The prices of many of the reside ces now being constructed easily exceed the two- million - dollar mark. A empty lots become scarce, building sites are being recycled as older homes and buildings are torn down to make room for new. Our area is unique in the fact that residential sites and tourist accommodations lie in close proximity. So far, a balance has been kept between the two uses. However, as land has become scarce and the desirability of the area has increased, competition for space has escalated. Our attention is focused sharply on maintaining and preserving the character, beauty and livability of our neighborhood. Current projects of the VBRA Board reflect these priorities. What are our major initiatives? ? Influencing changes in the Land Development Code t reflect sensible building and development rules ? Insuring regulatory compliance by those constructing buildings and ancillary structures like docks and out - buildings ? Undertaking projects that protect the health, safety, and well being of residents are our top priorities ? Efforts to beautify and maintain our residential areas and natural _I http: / /www.vbra.org/ 2/20/2012 EXHIBIT A -3 Page 1 of 1 E T 1 �3 J- .0 1 http://maps.collierappraiser.com/output/Collier-201 IsdeO28508265235291 jpg 2/27/2012 EXHIBIT "B„ Anthony Pires From: GundlachNancy [NancyGundlach @colliergov.net] Sent: Wednesday, February 29, 2012 1:33 PM To: Anthony Pires Subject: RE: THE DUNES ; BIDE Attachments: Application 11- 15- 11.pdf From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Wednesday, February 29, 2012 5:33 AM To: GundlachNancy; ' (nicolej @conservancy.org)'; 'Susan Snyder'; 'nicole ryan'; 'bjburkhard @comcast.net' Cc: 'kathyrobbins @yahoo.com'; 'vanderbiltbeach54 @ yahoo.com'; EstradaMaria; AshtonHeidi; KlatzkowJeff; HillerGeorgia; StrainMark; BellowsRay; LorenzWilliam Subject: RE: THE DUNES ; BIDE Nancy, please send me a copy of the Application signature page dated 2012. The only Application with Boathouse marked states the Applicant is Keith Sharpe. DOCK FACILITY EXTENSION 1 BOATHOUSE PETITION THIS PETITION IS FOR (check one): 0 DOCK EXTENSION ❑ BOATHOUSE PROJECT NUMBER BD- P1201¢929 REV:1 PROJECT NAME 11495 VANDEABILT ORNE DATE PROCESSED DATE-. 6/1/30 DUE OWN APPLICANT INFORMATION NAME OF APPLICANT(S) VANDERBILT PARTNERS II. LTD ADDRESS 11125 GULF 1 CITY NAPLES STATE FL ZIP 34108 TELEPHONE M 566-2800 CELL # FAX # E-MAIL EXHIBIT N d J] 2/29/2012 Page 1 of 5 Page 2 of 5 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET {239)252 -2400 FAX (239) 643.6968 DOCK FACILITY EXTENSION 1 BOATHOUSE PETITION THIS PETITION IS FOR (check ore): ® DOCK EXTENSION ED BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by sWf DATE PROCESSED APPLICANT INFORMATION NAME OF APPLICANT(S) KEITH SMRPE ADDRESS 11125 GULFSHORE DR. #301 CITY NAPLES STATE FL ZIP 34108 Nancy, please send me a copy of the Application signature page dated 2012. Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 North Tamiami Trail Suite 200 Naples, Florida 34103 239 - 649 -6555 Phone 239 - 649 -7342 Fax apires(a)w0degal.com Kill k 1I�,1 r� x �Rb CE1�� IaTY.Lt �TY6 tM OT�7WIENT LAN Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GundlachNancy [mailto:NancyGundlach @colliergov.net] Sent: Monday, February 27, 2012 1:57 PM To: Anthony Pires; ' (nicolej @conservancy.org)'; 'Susan Snyder'; 'nicole ryan'; 'bjburkhard @comcast.net' Cc: 'kathyrobbins @yahoo.com'; 'vanderbiltbeach54 @yahoo.com'; EstradaMaria; AshtonHeidi; KlatzkowJeff; HillerGeorgia; StrainMark; BellowsRay; LorenzWilliam Subject: RE: THE DUNES ; BDE Mr. Pires, The screen shot shown below is an old Application from 2 years ago. The current Application has "Boathouse" checked. 2/29/2012 Page 3 of 5 I sent you a copy of the Legal Notice at 1:18 today. Regards, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Monday, February 27, 2012 1:47 PM To: GundlachNancy; ' (nicolej @conservancy.org)'; 'Susan Snyder'; 'nicole ryan'; 'bjburkhard @comcast.net' Cc: 'kathyrobbins @yahoo.com'; 'vanderbiltbeach54 @ yahoo.com'; EstradaMaria; AshtonHeidi; KlatzkowJeff; HillerGeorgia; StrainMark Subject: RE: THE DUNES ; BIDE Thanks Nancy. Note that that Application does not include a boathouse; see the first page where the box for "Boathouse" has not been checked. DOCK FACILITY EXTENSION / BOATHOUSE PETITION THIS PETITION IS FOR (check one): Z DOCK EXTENSION [] BOATHOUSE PROJECT NUMBER 6D- PC2010 -979 REV:1 PROJECT NAME 11095 VANDERBILT DRrVE DATE: 6/1/10 DATE PROCESSED DUE! 6/15/10 APPLICANT INFORMATION NAME OF APPLICANT(S) VANDERBILT PARTNERS 11, LTD ADDRESS 11125 GULFSHORE DR. #301 CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 566 -2800 CELL # FAX # E -MAIL Have you been able to find the Legal Notice for the BDE hearing before the CCPC? Thanks Anthony P. Pires, Jr. 2/29/2012 Page 4 of 5 Woodward, Pires & Lombardo, P.A. Firm Website: www.wpl - legal.com This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GundlachNancy [mailto:NancyGundlach @colliergov.net] Sent: Monday, February 27, 2012 1:39 PM To: Anthony Pires; ' (nicolej @conservancy.org)'; 'Susan Snyder'; 'nicole ryan'; 'bjburkhard @comcast.net' Cc: 'kathyrobbins @yahoo.com'; 'vanderbiltbeach54 @yahoo.com'; EstradaMaria; AshtonHeidi; KlatzkowJeff; HillerGeorgia; StrainMark Subject: RE: THE DUNES ; BDE Good afternoon Mr. Pires, The Application dated February 10, 2012 will be heard on March 1, 2012. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @colliergov.net From: Anthony Pires [mailto:APires @wpl- legal.com] Sent: Monday, February 27, 2012 11:58 AM To: GundlachNancy; ' (nicolej @conservancy.org)'; 'Susan Snyder'; 'nicole ryan'; 'bjburkhard @comcast.net' Cc: 'kathyrobbins @yahoo.com'; 'vanderbiltbeach54 @yahoo.com'; EstradaMaria; AshtonHeidi; KlatzkowJeff; HillerGeorgia; StrainMark Subject: THE DUNES ; BDE Importance: High Nancy, in addition to my prior request of today for a copy of the legal notice for the BDE hearing before the CCPC; I note that there appear to be two different BDE Applications for The Dunes BDE: 1. one copy received last Friday, part of a packet dated February 2012, labeled "Boot Dock Extension Application, Dunes Docks" where the Applicant is "Keith Sharpe ", signed May 19, 2010 by eith Sharpe. 2. the other is a copy of a pdf provided to you and I by Heather Ramirez on February 10, 2012. In that Application the Applicant is listed as Vanderbilt Partners Il, Ltd. QUERY: Which Application is the one scheduled to be heard March 1, 2012? Anthony P. Pires, Jr. Firm Website: www.wpi- legal.com 2/29/2012 Page 5 of 5 This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this message and all its attachments. From: GundlachNancy [mailto:NancyGundlach @colliergov.net] Sent: Friday, February 24, 2012 10:10 AM To: Anthony Pines; (nicolej @conservancy.org); Susan Snyder; nicole ryan; bjburkhard @comcast.net Cc: kathyrobbins @yahoo.com; vanderbiltbeach54 @ yahoo.com; EstradaMaria Subject: The Dunes Staff Reports are now available Good morning, The Dunes PDI and Boat Dock Extension Petition Staff Reports along with associated back -up material are now available. Please contact Maria Estrada (252 -2989) in our Records Room for a copy. The Records Room hours are between 8:30 and 4:30 Monday thru Friday. Please note, there is a cost for the Xerox copies. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/29/2012 EXHIBIT licit NAPLES DAILY NEWS Published Daily Naples. FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared MMLynn Roeller, who on oath says that she serves as the Advertising Accounting Manager of the Naples Daily News. a daily newspaper published. at Naples.. in Collier County. Florida, distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on January 29, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, Florida and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I vear next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised am person, firm or corporation any discount. rehate. commission or refund for the purpose of securing this advertisement for pubhcauo m the said newsy per. ( Signature of affi Sworn to and subscribed before me This 31 st day of January, 2012 (Signature of notary public) EHUUq, d�pA� KAflOL E KANOAS = Notary PUbIk -State of Florida My Comm. Expires Jul 29, 2013 y.�,EarLQ Cttmmiaaion 0 00 912237 EXHIBIT N d d 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, February 16, 2012, in the Board of County Com- missioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: A Resolution relating to Petition Number BDE- PL2010 -979 for a 261 -foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protru- sion of 281 feet from the mean high water line which will al- low a new docking facility of approximately 11,300 square feet of over water structure to accommodate 49 boat slips on property located in the Dunes Planned Unit Development at 11495 Vanderbilt Beach Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. (Companion item to PDI- PL2012 -159) [Coordinator: Nancy Gundlach, Principal Planner, RLA, AICP] 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 1 2012, in order to be considered at the public hearing. All ma- terials used in presentation before the CCPC will become a permanent part of the record and will be available for presen- tation 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 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 No.24Q MW1_ . _ ---- 13!lualY.3y.3412 PROJECT 20 $1 LOCATION auE� 22 NEA M A T wu.s cauER CENTER eaUER D�2A TRACT 22 r� TRACT 21 (ORO K � s NAPLES A040KALEE noRO (c'cc�pp.�Ee[E��ReyS�p[ S \ COKNTRY ST. JOHN bW ARE AMMANn GCAa,ERtE PARR _ EVANOEUbT V 1 Q * � EATMLM CMVatM CA NAPLES pAIEV NEEWS �5( � vgNOER &Lf1 28 27 a s[ACM , ESTATES, NPAPMLdS PELICAN 4 IQ_ ) 2 'Al { r I� 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, February 16, 1 2012, in order to be considered at the public hearing. All ma- terials used in presentation before the CCPC will become a permanent part of the record and will be available for presen- tation 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 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 No.24Q MW1_ . _ ---- 13!lualY.3y.3412 EXHIBIT D (11)(111) Policy 7.2.2: Sea -grass beds shall be protected through the application of Policies 6.3.1, 6.3.2 and 6.3.3 of this element. II)(IV) Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 10.1.5 of this Element). The County shall maintain the manatee protection speed zones that were adopted in the Collier County Manatee Protection Plan (NR- SP- 93 -01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed. 111)(VI) OBJECTIVE 7.3: Analysis of historical data from 1996 -1999 shows that the average number of sea turtle disorientations in Collier County is approximately equal to 5% of the hatchlings from all nests in the County. Through the following policies, the County's objective is to minimize the number of sea turtle disorientations. (11)(111) Policy 7.3.1 The County shall apply the lighting criteria contained in Policy 7.1.2(2)(i) of this element in order to protect sea turtle hatchlings from adverse lighting conditions. (11)(111) Policy 7.3.2: County staff shall conduct regular inspections to ensure coastal properties comply with proper lighting conditions and with applicable prohibitions of overnight storage of furniture and other equipment during sea turtle season (May 1 through October 30). (11)(111) Policy 7.3.3: The County shall update the public awareness materials designed to inform coastal residents and visitors how they can protect sea turtles. (11)(111) OBJECTIVE 7.4 The County shall continue to improve marine fisheries productivity by building additional artificial reefs. (11)(111) Policy 7.4.1: The County should continue to apply for reef construction grants and annually place more materials on the existing permitted sites. 111) Policy 7.4.2: The County will coordinate its activities with the Florida Department of Environmental Protection, the Marine Extension Office and other appropriate agencies. (VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007 39 EXHIBIT "Ell EXCERPTS FROM LETTER OF THE CONSERVANCY OF SOUTHWEST FLORIDA DATED FEBRUARY 27, 2012 LDC SECTION 5.03.06- Dock Facilities J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exist off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. Similar language was subsequently added to the CCME in Policies 6.3.2 and 10.6.1. (See Attachment 3 for the entire CCME and LDC language regarding EXHIBIT 1 F seagrasses.) There has been some discussion among current staff regarding whether or not this language was intended to apply to only single - family boat docks, or if a broader applicability was intended, including multi - family projects. The Conservancy has read the background materials from the meetings in 1993, and it is our opinion that no distinction was made between the applicability of these policies for single versus multi- family. As no specification was placed on the record, in the LDC, or in the CCME as to such a limited applicability, the Conservancy believes that The Dunes boat docks would be subject to the above standards. In addition, the MPP supports the intent that these seagrass policies apply to multi- family docks. Section 3.2.1 of the MPP, entitled "Collier County Land Development Code" states: Multi -slip docking facilities with 10 slips or more, and all commercial marina facilities shall comply with the stipulations listed in the LDC. The guidelines for the construction of boat houses and docks are listed in LDC Section 2.6.21, and contain language for the protection of seagrass beds and other benthic communities. Section 2.6.21 of the LDC was the language adopted by the BCC as Ordinance 93 -37 and remains in the LDC today as Section 5.03.06. The MPP is incorporated into the LDC in a number of locations, including Section 5.05.02 - Marinas, which states, "Proposed developments will be reviewed for consistency with the Manatee Protection Plan ( "MPP ") adopted by the BCC and approved by the DER" This language is repeated in Section 5.03.06.E.11 - Dock Facilities. Thus, the LDC requires that projects are consistent with the MPP. The MPP requires multi - family docks with 10 or more slips to comply with the stipulations contained in LDC Section 2.6.21 (now re- numbered 5.03.06.J). LDC Section 5.03.06.J requires docks that are not 10 feet from seagrasses to be subject to certain limitations, including minimization of impacts and terminal platforms of no more than 160 square feet. The Conservancy believes the language, intent and applicability of the GMP, LDC and MPP are clear and the above referenced seagrass policies certainly do apply to the proposed Dunes boat docks. THE PROPOSED DUNES DOCKS 2 The applicant proposes to construct a docking facility in the Vanderbilt Channel parallel to seagrass beds and mangroves to the east. The dock would extend 1,540 feet in a north -south direction, with wet slips for parallel boat parking, supplemented by a series of finger piers, to allow for perpendicular bow -in parking. There would be a total of 49 boats slips, 26 for bow -in and 23 for parallel dockage. The seagrass beds extend almost the entire length of the proposed docks, with only the northern finger piers beyond the documented seagrass area. In addition, due to the applicants' requirement by their federal and state permit, they must limit the extent of their dock construction to a maximum of 25% of the navigable waterway. In order to remain in compliance with this requirement, the docks are proposed to be closer than 10 feet from the seagrass beds. The applicant's cross- sectional maps A -A and B -B indicate the docks would be within 4 -5 feet of the grass beds. As such, the project does not meet the 10 -foot distance as required by the GMP CCME Policies 6.3.2 and 10.6.1 and LDC Section 5.03.06.J.3. However, as the grass beds are located contiguous to almost the entire length of the proposed dock area, these regulations do offer an alternative for the applicant, namely to conform to the following standards: • The dock shall be at a height of at least 3.5 feet NGVD. • The terminal platform area of the dock shall not exceed 160 square feet. • The access dock shall not exceed a width of 4 feet. • The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. In reviewing the application, the Conservancy believes that the dock structure will be at least 3.5 feet NGVD, thus satisfying Condition 1. Condition 2 references the terminal platform not exceeding 160 square feet. At this point, it would be helpful to define a terminal platform. While the Collier County LDC does not define this term, it is defined in the Florida 3 Administrative Code (F.A.C.). Section 18- 20.003(67)F.A.C. defines terminal platform as: that part of a dock or pier, including finger piers, that is connected to the access walkway, is located at the terminus of the facility, and is designed to secure and load or unload a vessel or conduct other water dependent activities. Thus, that part of the infrastructure that is used for securing (docking) and loading and unloading vessels (boats) is defined as a terminal platform. A terminal platform includes, but is not limited to, finger piers. Based on this definition, the proposed configuration of The Dunes boat docks is inconsistent with the LDC and GMP due to the fact that boats are proposed to be docked along the 1,540 foot north - south portion of the dock, making this function as a terminal platform, which would be limited to a maximum of 160 square feet. Obviously, the 1,540 foot north -south dock exceeds this maximum significantly. Condition 3 limits the width of the access walkway to no more than 4 feet. There has been some discussion among staff that ADA requirements mandate that such a walkway be a minimum of 5 feet. While ADA requirements would be the standard used by the County in this case, the width should be reduced from the proposed 6 feet to what the ADA mandates. Condition 4 requires that the access docks and terminal platform be sited to impact the smallest amount of seagrasses possible. The Conservancy believes that the proposed boat dock configuration is inconsistent with this portion of the LDC, since the applicant has made no attempt to protect any portion of the adjacent seagrasses through minimization of the north -south extent of the docks, nor have they met the 10 -foot buffer requirement for separation between docks and grasses. 4 EXHIBIT F C. Marina facilities must be accessible to all public services essential to ensure their safe operation. d. Marinas and multi -slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. VI) Policy 10.1.5: Marinas and all other water - dependent and water - related uses shall conform to all applicable regulations regarding development in marine wetlands. Marinas and water- dependent/water - related uses that propose to destroy wetlands shall provide for general public use. (VI) Policy 10.1.6: All new marinas, water - dependent and water - related uses that propose to destroy viable, naturally functioning marine wetlands shall be required to perform a fiscal analysis in order to demonstrate the public benefit and financial feasibility of the proposed development. (VI) Policy 10.1.7: Objective 10.1 and its accompanying policies and the LDC shall serve as criteria for the review of proposed development within the "Special Treatment" ( "ST ") Zoning Overlay District. OBJECTIVE 10.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and continue with its program to expand the availability of such access and a method to fund its acquisition. Policy 10.2.1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site -plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 10.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project. (VI) Policy 10.2.3: Developments that provide public access to beaches, shores and /or waterways may be eligible for credit toward any recreation and open space impact fee adopted by the Collier County Board of County Commissioners. Policy 10.2.4: All public access facilities shall include parking facilities and roadway access. (VI) = Plan Amendment by Ordinance No. 2007 -16 on January 25, 2007 EXHIBIT 44 a D EXHIBIT „G„ 1 ! I ! I I ! ( ( I ! I i tFAWALL I 1 t ! ! ! I I 1 ( ! I ! ! 1 I I ! - -- SItiNCARYLINF PROPOSED FISHING PIER I 35 I I SCAN IN ! e -3s' ` l I s MIDOWNG —•-- j ! VEGETATION ONLY 4- FRINGE LINE 8-55' ' I I ' `Cc m) ^1. r 'RB'I's t. REGISTERED PRUC-SSIONAI ENGINEER FLORICA 12CGISTRATION NO ;3'1659 LICENSE NO % ?5 t' DATE AM 16 2I.09 4 26 -1 i i ;Y ! SOATLIFTS OP77ONAL FOR ALL SLIPS I BREAKER PANEL ON q- X 8 FLOATING / C NCRE rE STRUCTURE 25 "' / a 1, 25 %B6UNDAf Y LINT. / I IPROPOSED ! IXED DOCK —/ '�=1 t ! I AI Ia r-A4ER PANEL O 8 X 8' FLOATING ! iI i CONC [T[ S RUCTURE ( .! Amok 110iT i J. I ( 1 I I � I ) I J. ! Ttifid, Hall & Associates, Inc. ^, Marine & Environmental Consulting 3584 Exsbange Ave. Suite 13. 44p4 FL 341044731 Emig: PLon3: (.39)b13-0:66 Fax: (2;9)643 -663: { t i i GRATED WALKWAY FOR LIGHT PENETRATIION PREEMPTED ARFA ! (49,245 SO. FT.) I APPROXIAJATE LOCA17ON I OF SFAGRA5S ! i ! I ! -LC CART TURNAROUND/ PULL OFF LOCATION OF SIGN STATING THE MOORING OF LIVE ABOARD VESSELS PROHIBITED MEAN HIGH WATER LINF I A -30 30' X 14' BOAT e —aa' 3T X )A' BOAT HAXtMM VESSEL LENGTH A5,6, MAXWUA#ORAPT Li' SLIP MATRIX BF�m Al aQ* d 3 ' 14' Sg rorAL: 49 NOTES: <• !I-'L'3! f 1 ?:.:1 S ViF Mn 1N1 4girtirrN r�,rOitLrN;ihuC,rpN7tt;r` AIL ITARI t5iJ Mi: ^.f7N IS RFFFRFN +r . EtI tT F -PT Nit TJi2 , tP5 4: I h.MT LNNNS 11 I•f{l A .- I'ROi )SL C Lt VA LH tit Ft-1, t]fL. Hh .SOX A2' P t r. :? :LL PC ORIWN TO M Y1All E TI :2aiC• : ? •'V: �. }r •I O. N:1 Lr• Av 72E'Ar CWSES "POINT • MAL 0A • UM ? d A 1 ' N:iVh. ht.Hvy -•, A CN%3%. -Ll - -'UR4C'GE A9FA M & MM APPP.JY..: d':; ?:1 • y .$ ; M <>AIAX{MI +rA YF.SSf.:. LEN,�TN .l6.Q• - . °1i +� < SW2VLv i;CH:R7E5v OF BRCS DETAIL 81 EXHIBIT a -r HF.WISF•] ?i '.5ki !:.l`.l iL;i; }• c :ATC .,:• ':�.i iil.,frG6 SiAti - SFr3T7f)N -t@ TOWNSI -m-- t" "N(8F. -:;:< F PRO FIXE -A \ BOA nIFTSopnn^mL FOR ALL SLIPS \ ------- PPEEMPTED / (49,245 S% /T) ' / | \ \ OF SEA GRASS | . \_ | 31 \ � | | ` euu / / vEss / mvu _/,' ''--~ ^^`^ MEAN HIGH / 13A IN A- ~ � WATER LINE | ' 01 ' \ ^` L i | � / / | | / | i | LIMITS / | IYPICAL UT X 4' MARGINAL DOCK BOXES (PLACED SIDE By SIDE) LEG D co 4.0' SUP MATRIX 4 051 TOTAL: 419 Al Typi Z CAL CORNER DOCKBOX SETBACK , F------'------- | 70 � ~1' | * ) i | I"! W. ily I� ----/ w",m. ARE NOT ,',mx-3 r"° ----- -W)A"mx GPT;P�IYAL FOR ALL SUPS Mm MEMVATE.1 --~.~ *~` WEN 10 tjlNjkjQE. Tljqj6,Cfry ALL P'l I'S'NLL DIE Dr ' ~ �°^�uvw�yeleN��3��'-'^`~~^"~`"'ws^r �161AMMUuDRAFT ZN _ °SURV(.,m"�.. -..~ DETAIL 82 SECTION- 2f, TOWNSHIP-tq-, RAN6r- INSTR 4556069 OR 4677 PG 2015 RECORDED 5/3/2011 11:46 AM PAGES 93 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $792.00 SETTLEMENT AGREEMENT BETWEEN THE DUNES OF NAPLES PROPERTY OWNERS ASSOCIATION, INC. AND VANDERBILT PARTNERS II, LTD. (The Dunes) //�� This Settlement Agreement ( "Agre ed into this _'D day of k121L- , 2011 (the "Effective Date "), betweety _ roperty Owners Association, Inc. (the "Association ") and Vanderbilt ' s`pII, Ltd. (the er ") related to the turnover of control of the Association from e veloper to the ASSOci JoZ members which occurred on April 30, 2010. -- Chapter 720, a. Within lcl] 6 d}c ',/t) late e� n of this Agreement, the Developer shall deliver a spe Ya warranty deed to c ainortiTof the Dunes property, as identified on Exhibit "A" attac this Agreement n o "° ed herein by reference. The Developer and the Association a reed that certain p ` ;o js 6f the property as specifically identified on Exhibit "B" attache d"t reement a orated herein by reference (the "Hold -Back Property ") are not bein tiak , lasociation at this time. Rather, the Hold -Back Property will be transferred an Association on or before the date set forth in Section 4(b)(4)(iv) of this Agreement. The Developer is solely responsible, prior to transfer and conveyance of the Hold -Back Property to the Association, for all costs and expenses related to the Hold -Back Property, including all maintenance, monitoring, taxes, assessments, and insurance. Notwithstanding anything to the contrary contained in this Agreement, the Developer acknowledges and agrees (i) that the Hold -Back Property shall be used by the Developer solely in connection with securing approvals and permits from applicable governmental agencies for construction of a 49 wet slip marina to be part of the Dunes project and for the construction of same; and (ii) the Developer shall not sell, transfer, encumber, change, modify, develop, increase or decrease the size of, or add, delete or modify restrictions, covenants, easements, etc. related to the Hold -Back Property except in direct relationship to the Developer's construction of the marina, boardwalk and related infrastructure, such as, but not limited to, the pump out station, utilities, etc. Subject to the confirmation that the special warranty deed conforms to the requirements of this Section 1(a), the Association accepts the Developer's special warranty deed. b. The Association shall enter into an agreement (the "Use Agreement ") granting the Developer the right to use certain portions of the property conveyed to the Association, which property is more particularly identified on Exhibit "C" attached hereto and OR 4677 PG 2016 incorporated herein by reference (the "Use Property "). Developer shall use the Use Property solely for activities related to the dredging and construction staging of materials and equipment to be used in connection with the construction of a marina and for completion of the Land Development, as hereinafter defined. The form of the Use Agreement is attached hereto as Exhibit "D" and incorporated herein by reference. The Use Agreement shall be recorded in the Public Records of Collier County, Florida and shall automatically terminate upon the Developer's completion of the boardwalk and marina, as evidenced by receipt of a certificate of occupancy and/or certificate of completion from Collier County, Florida, if constructed, or, alternatively, at such other time as the Developer voluntarily relinquishes its right to use the Use Property. C. Conversion of the SFWMD Permit (Permit No. 11- 01725 -P) for the Water Management Areas from construction phase to operation phase and transfer of the permit to the Association. See Section 4(b)(4)(ii) below for date of required conversion and transfer. Until such time as the SFWMD permit is transferred- - from- Drveloper to the Association, the Developer is solely responsible for all costs and erehatcgempliance with the SFWMD permit, including monitoring and reportinxements and an imposed, and shall not take any action (or fail to take any action) ould result in a viola ' n o the SFWMD Permit. d. The As oci do a 0 dges at th Ddveloper has completed all repairs, code violations andarr i in 'urnover Inspection Report for The Dunes of Naples Prop f y O e s c n I dated April 1, 2010 by W.J. Johnson & Associates (purs l a _ 0 4)(p5 o der IStatutes). Simultaneously with the execution and deliy f this Agreement' e eve dftf shall pay $375.00 to the Association for the code viola .work cited in the n� T;[Y over Inspection Report for The Dunes of Naples Property s Association, Inc.- 'i gVhange for the foregoing, the Association hereby accepts the fo urnover lnsp 4i i��c'/port prepared by W.J. Johnson & Associates and acknowledges and re fit C Svc op r has no more responsibilities nor liabilities in connection with the matf °ers in the Turnover Inspection Report, specifically excluding, however, from the foregoing those certain exceptions listed in the General Release, attached hereto as Exhibit H, numbered (1) through (6). e. The Developer has paid the Association $35,837.00 in "shortfalls" identified in that certain Turnover Audit Report, dated July 9, 2010, prepared by Larson Allen. In addition, the Developer has paid Larson Allen $4,500.00 for the cost of the Turnover Audit Report. The Association acknowledges and agrees that the Developer has no more responsibilities or liabilities in connection with the matters addressed in the Turnover Audit Report, specifically excluding, however, from the foregoing those certain exceptions listed in the General Release, attached hereto as Exhibit H, numbered (1) through (6). f. Within ten (10) days of the Effective Date hereof, the Developer, at its sole cost, shall deliver to the Association the performance bond (initially Form AIA 311 and upon renewal or commencement of construction as evidenced by a Notice of Commencement, whichever is earlier, the bond shall convert to a Payment and Performance Bond Form AIA 312- 2010) in the amount of $206,472.57, for the exclusive benefit of the Association, as obligee, as security for the Developer's completion, as general contractor, of the "Land Development "; provided, however, if the Developer hires a contractor(s) to perform the Land Development 2 OR 4677 PG 2017 work, then the Developer shall cause the contractor(s) to issue a payment and performance bond (Form AIA 312 -2010) in the amount of the total contract amount plus 5% for the benefit of the Developer and the Association, as co- obligees. As used herein, the term "Land Development" means: (i) the expansion of the Lake #1 as identified on the approved site development plan for the Dunes project on file with Collier County, Florida (the "Site Plan ") as of the Effective Date; and (ii) the construction of the cul -de -sac to be located to the south of Lake #1, as further identified on the Site Plan as of the Effective Date. A copy of the bond (Form AIA 311) is attached hereto as Exhibit "E" and incorporated herein by reference. The bond shall be kept in place until completion of the Land Development and written confirmation of payment of all contractors, subcontractors and other vendors providing services and materials to the Land Development work. 2. Vanderbilt Hospitality Services LLC. a. On or before March 31,.IUJ the Association shall complete and submit its liquor license application to change.. %Milt I of Vanderbilt Hospitality Services LLC ( "VHS "). The Association i wrt tliztai s of its Board and the State of Florida in connection with the trokeki°d new application -` b. On or b�forq' Mif the Florida Department of St #te, VHS by the Association. P a ,1 3. Securi Sa ,( a La sca a nha ce Property. The Developer, a4f- SpIlecost, shall comple, ollc shall amend its filings with t ownership and control of ocia a. Within fifteen 'i�14*� (o ff fective Date, the Developer shall commence and shall work diligently to com`prIete " "tfie installation of the fencing and barrier landscaping features along the South boundary bordering Bluebell Avenue per the plans designated as Scheme B prepared by Vanesse Daylor, attached hereto as Exhibit "F" and incorporated herein by reference. The Developer shall have the right to install a temporary gate to allow for ingress and egress through the South boundary bordering Bluebell Avenue for construction of the proposed marina and completion of the Land Development. The temporary gate will be of similar quality and construction as the existing fencing. The temporary gate shall be removed and replaced with permanent fencing (exactly matching then - existing fencing) promptly upon completion of the marina. Additional landscaping, consistent with the plans, will be installed by the Developer, at its sole cost, in conjunction with the removal of the temporary gate in the areas used for ingress and egress. b. On or before May 9, 2011, the Developer will commence and shall thereafter work diligently to complete the installation of a walkway between the Grande Preserve at the Dunes Community Association, Inc.'s gate and Dunes Boulevard, including a pedestrian crosswalk on Dunes Boulevard per the plans prepared by Agnoli, Barber & Brundage, Inc., dated March 2000, attached hereto as Exhibit "G" and incorporated herein by reference. The walkway shall be consistent in quality and design with the walkways throughout the Dunes property. OR 4677 PG 2018 4. Completion of Pond, Marina and Other Construction Matters. a. Boardwalk. If, and when, the Developer elects to construct the marina, the Developer shall construct a boardwalk for access to the marina that does not encroach on any property owned by the Dunes of Naples lIl, a condominium. Nothing in this Agreement shall be construed as imposing an obligation on the Developer to construct the boardwalk and marina; it being agreed that such decision shall be made by the Developer in its sole and absolute discretion. If the marina and boardwalk are constructed, the construction of the boardwalk must be completed on or before the date of completion of the marina. b. Marina. The Developer has permits and other authorizations from all applicable governmental and quasi - governmental authorities (other than Collier County) to construct a 49 wet slip marina. When the Developer applies to Collier County for this approval, the Board of Directors of the Association shall, in good faith, support and encourage all of its members to support the Developer's application tn..cQnstruct up to 49 wet slips with' t e marina area, including encouraging attendant ,a�1' r�` )U Collie ty 1. On r{ ore %�h Developer hall provide the Association with a draft set off all g�g, documents (i.. th Declaration or Restrictions, Articles of Incorporation, By�ws, /and "s a_ 1Ze ations for \the proposed marina. The Association shall be permitte toy` e op$r regarding use and access rights, voting rights and assessor t ro�bl a €o s, c _d' li r ght j of the Association, of the members of the marina asso�Wi�s t l e t eir e ber ip in the Association. The Developer shall reasonably c(�7 C(er in goo fait tt Asso iatj6ji!�I comments. The Developer shall not seek approval from fanning Commis of c *Jr County, Florida, prior to expiration of days a TMdate that the dra Se3lgf aiAocuments are received by the Association, in ordel for the Asso ha tim to tig y re iew ohe.�� 2. The Dever t e Associati n detailed copies of the proposed drawings for the construction of the marina and its amenities, including the boardwalk connecting the marina to the Association's property. The Developer agrees to continue to meet in good faith with a committee established by the Association (composed of not more than ten (10) members) on the design and construction details for the marina and its amenities, subject to limitations that result from existing permits. 3. The Developer shall grant the members of the Association and their respective members (i.e., all non -slip owners in the Dunes property) access and use of those portions of the marina (other than the wet - slips) which are designed for common use by all owners of property within the Dunes project. 4. The Developer agrees that construction of up to 49 wet slips within the marina area (or such lesser amount as requested in the Developer's submittal /application), will commence no sooner than May 1 and be completed no later than December 31 of the calendar year in which it is constructed, on the following terms and conditions: OR 4677 PG 2019 (i) Subject to Subsection 4(ii) below, commencing no earlier than May 15 and ending on or before October 31, the Developer shall complete the dredging process / de- mucking for the marina. (ii) On or before December 31 of the year the marina is constructed, but in no event later than December 31, 2013, the Developer, at its sole cost, shall complete the Land Development. Upon completion of the Land Development, the Developer shall, at its sole cost, convert the SFWMD Permit from construction phase to operation phase and transfer the SFWMD permit to the Association. The Developer has the right to deposit dredged materials (i.e. muck) on Use Property Parcel 1, as reflected in Exhibit D to the Use Agreement, prior to the completion of the Land Development. However, in the event the Land Development is completed prior to the completion of the construction of the marina, the Developer agrees not to place dredged materials (i.e. muck) upon any property owned by the Association, including the Use Property. (iii) within the Dunes property for use materials and equipment to be xf dredged or muck materials avid construction materials and egtnpm is complete. The Developer `half site. The Developer shall be esp parking lot and any roadways t,r'p� the actions of the Developer marina construction is limited' which the Developer begins col defined in Section 1(b) above. connection with representatives. use of e period be twee y l s *n. This area shady (iv) Upori —eaAdIdli"of construction of up to 49 wet slip marina and boardwalk to be part of the Dunes project (or such lesser or greater number of wet slips agreed to by the Developer), or earlier at the Developer's election, the Developer shall transfer and convey the Hold -Back Property to the Association via a special warranty deed, which form of special warranty deed shall be consistent with the special warranty deed identified in Section 1(a) hereof. .e a hard surface parking lot with staging of construction truction of the marina. No stored at this site and no construction of the marina i required, and securing the f !damage to the hard surface ,construction sites caused by �ard surface parking lot for becember 31 of the year in ribed in the Use Agreement 5. The Association acknowledges and agrees that the Developer has the right, without having to obtain the consent of the Association, at any time to assign its right to develop and construct the marina and boardwalk. Any assignment of the Developer's rights to construct the marina and boardwalk shall bind the successor developer by the terms of this Agreement, but shall not act to release the Developer from its obligations under this Agreement, by law or contract. 5. Miscellaneous. a. At such time as the Developer has seven (7) or less condominium units for sale within the Dunes project, the Developer shall remove any and all billboards from the Association's property. OR 4677 PG 2020 b. The Association shall allow the Floridian Club ingress and egress within the Association's property for the purposes of shuttling Association's members between the Association's property and the Floridian Club. The Developer shall also have the right to park the shuttle buses overnight, specifically in the Plantation Club parking lot. C. The Association acknowledges that Ordinance No. 2000 -74 (The Dunes PUD) provides that the maximum number of dwelling units permitted in the entire Dunes PUD property is 640. The Association further acknowledges that 634 dwelling units have been constructed to date on the Dunes PUD property and the Developer has the right to build an additional 6 dwelling units on the Dunes PUD property, subject to the terms of this Agreement, the Dunes PUD, the Declaration of Covenants and Easements of the Association, the Declaration of Condominium of all condominium entity within the Dunes property, all settlement agreements between the Developer and any condominium entity within the Dunes property, specifically including the Sea Grove Condominium Association Inc., and all other restrictions and conditions imposed by governmental authorities having jurisdiction over the Dunes PUD property. Once Land Development is completed, the "li - ;.4s described and depicted on Exhibit "D" hereto, will not be used for co on of the luding any staging of materials, equipment or dredged material i`eL k). The Associate - hd�eby acknowledges and agrees that the Developer has the r#. W, gut`travingAgq ob in the on�nt of the Association at any time, to do one or both of th� fo owing: i) ign, tr nsfer otherwise convey its rights to construct 6 dwelling units on fthe er individual or entity, whether or not affiliated with the De�lelo r, and or (i i ' a or otherwise convey its rights to construct 6 dwelling units a the e �PPD property to any other individual or entity, whether d t affiliated with the evel pe, 211ing such acknowledgment and agreement, the Association he xpressly agrees t t s, any and all rights it may have in the 6 dwelling units - tb,,approve any assn object to, or participate in, economically or otherwise, any as described ii (i) and/or (ii) above. Any such assignment shall bind the successor �yV -Tq --rUA Agreement, including all above conditions. d. Simultaneously with the execution and delivery of this Agreement by the parties, the Association shall execute and deliver to Developer a general release in the form attached hereto as Exhibit "H" and incorporated herein by reference. e. This Agreement and the other agreements and exhibits contemplated by this Agreement (i) supersede all prior negotiations, agreements and understandings between the parties to this Agreement with respect to its subject matter; (ii) constitute the entire agreement between the parties to this Agreement with respect to its subject matter, and (iii) may not be altered or amended except in writing signed by the parties. The failure of any party to this Agreement at any time or times to require performance of any provision of this Agreement shall in no manner affect the right to enforce the same. No waiver by any party to this Agreement of any provision (or of a breach of any provision) of this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed or construed either as a further or continuing waiver of any such provision or breach or as a waiver of any other provision (or of a breach of any other provision) of this Agreement. Time is of the essence. OR 4677 PG 2021 f. The parties agree that if any term, provision, covenant or condition of this Agreement or the application thereof to any person, entity or circumstance, shall to any extent be declared invalid or unenforceable, the application of such provision, terms, covenant or condition to any other person, entity or circumstance shall not be affected thereby, and each other provision, terms, covenant or condition of this Agreement shall be valid and enforceable to the full extent permitted by law. g. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any action arising out of this Agreement shall be in Collier County, Florida. h. This Agreement may be executed by each party to this Agreement upon a separate copy, and in such case any counterpart of this Agreement shall consist of enough of such copies to reflect the signature of all of the parties to this Agreement. This Agreement may be executed in two or more counterparts, etch -a€ v hwh shall be deemed an original, and it shall not be necessary in making proof of - s to produce or account for more than one of such counterparts.(, i. In the evint to recover all costs and exPOnse Agreement or any docum t reasonable attorney's, consul ant therewith.. c�ispbie.he er, th pr ailing party shall be entitled mcurre in c ectio w th the enforcement of this n ee t c y is Agreement, including de pert ate s a x n es cctt lly incurred in connection j. This Agl� nt shall inure t be p ft /of the parties hereto, their successors and /or assigns. \N EXECUTED the date rat [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGES TO FOLLOW.] 7 OR 4677 PG 2022 won al A Printed Name of Witness N 1 111 ness 92 THE DUNES OF NAPLES PROPERTY OWNERS ASSOCIATION, INC., a Florida not for profit corporation iZ of �r /u / , President STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY ie foregoing instr a cknowledged before me this ZOO day of L, , 2 1 `d�by �" as President of THE DUNES OF NAPLES P OPERTY O OCI `1. C., a Florida not for profit r corporation, on behalf of said corporation ski l f known to me. OL�� Q�4 otary Public 1 _ Printed Name of Notary Public My Commission Expires: 8 i COINONG Mr M # DD 979911 EXPIRES: Auger 112014 i tets BoMedTlwNotay kr 8 OR 4677 PG 2023 Al UA � [loess #1 Printed Name of Witness #I VANDERBILT PARTNERS II, LTD., a Florida limited partnership By: CG &S Investors, Inc., a Michigan corporation sole general partner A. -'`''{{ R C - Pri to Name of W itncss #2 j"�"' �'�r itness 92 7-1 STATE OF FLORIDA �` r COUNTY OF COLLIERS �l i I HEREBY CERTIFY th tl egoing instru #4yv� acknowledged before me this day of AP�� , 2.' arpe as Vice President of CG &S Investors, Inc., a Michigan corporation, n artner of VANDERBILT PARTNERS II, LTD., a Florida limited partnership, on behalf of said partnership, who is personally known to me. Qo��a Q N ary Public Wi n n4, arc, Printed Name of Notary Public My Commission Expires: CONMELONG IN COMMISSIOggnfN `0. N DD 979911 Bonded 7hN Notary . YUDGC Undetw#ers OR 4677 PG 2024 EXHIBIT "A" PROPERTY TO BE DEEDED TO ASSOCIATION R C, u F I W", w oj.- OR 4677 PG 2025 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION THE DUNES OVERALL PROPERTY LESS HOLD -BACK PROPERTY A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:�_._�__._,__, XV 0(j COMMENCE AT THE SOT CORNER O OUTHEAST QUARTER OF SECTION 20, TOWNS IP SOUTH, RANGE 25 S COLLIER COUNTY, FLORIDA; THENCE R N 'BZ W., A LONO THE AS LINE OF THE SOUTHEAST QUARTE 1 0 S IS NCE OF 90.06 FEET; THENCE RUN N 89° 0 , A 03 EET TO THE INTERSECION OF TH Y W F VANDERBILT DRIVE (A 100 FOOT W A D THERLY RIGHT OF WAY LINE OF BLUEBI VENUE (A 90 FO .WI El T OF WAY) AND THE POINT OF BEGI F THE PARCELIEREIN DESCRIBED; THENCE CONTINUE N.89 , ALONG THE ERLY RIGHT OF WAY LINE OF SAID BLUEBILL A AA H OF 1263.07 FEET; THENCE RUN N.00 004'52 "E. FO i(stT 50.00 FEET; THENCE RUN S.89 053'05 "E. FOR A DISTANCE OF 1918—TT LET TO THE BOUNDARY OF THE DUNES OF NAPLES I, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 2777 AT PAGE 3078 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN N.44 °53'05 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 72.59 FEET; THENCE RUN N.00 106'55 "E., ALONG SAID BOUNDARY, FOR A DISTANCE OF 132.48 FEET; THENCE RUN N.45 006'55 "E. FOR A DISTANCE OF 130.57 FEET; THENCE RUN N.00 014'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 32.99 FEET; THENCE RUN S.89 °46'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 15.69 FEET; THENCE RUN N.00 014'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 73.67 FEET TO THE BOUNDARY OF THE DUNES OF NAPLES II, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 2786 AT PAGE 2281 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN S.89 046'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 121.75 FEET; THENCE RUN N.45 °17'30 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 138.42 FEET; THENCE RUN N.00 °14'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 72.46 FEET; THENCE RUN N.44 042'30 "E., ALONG SAID BOUNDARY, FOR A DISTANCE OF 133.50 FEET; THENCE RUN SHEET 1 OF 9 Z:\PROJECTS\2000 \0023 BNDRY COMBINATION\LESS & EXCEPT PARCELS 12 2210\OVERALL LESS HOLD -BACK PROPERTY 12 22 10.doc OR 4677 PG 2026 N.89 °46'00 "E., ALONG SAID BOUNDARY, FOR A DISTANCE OF 76.67 FEET; THENCE RUN N.00 014'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 90.67 FEET TO THE BOUNDARY OF THE DUNES OF NAPLES III, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 2884 AT PAGE 1958 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE RUN S.89 046'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 0.67 FEET; THENCE RUN N.00 114'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 6.44 FEET; THENCE RUN N.44 °46'00 "E., ALONG SAID BOUNDARY, FOR A DISTANCE OF 83.09 FEET; THENCE RUN N.45° 14'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 5.22 FEET; THENCE RUN N.00 °14'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 139.84 FEET; THENCE RUN N.44 046'00 "E., ALONG SAID BOUNDARY, FOR A DISTANCE OF 70.30 FEET; THENCE RUN N.89 °46'00 "E., ALONG SAID BOUNDARY, FOR A DISTANCE OF 135.60 FEET; THENCE RUN S.45 014'00 "E., ALONG SAID BOUNDARY,. FOR A DISTANCE 3 ��THENCE RUN N.44 °46'00 "E., ALONG SAID BOUNDARY, 6 FEET; THENCE RUN N.00 °00'00 "E., ALONG SAI DARY, FOR NCE OF 22.20 FEET; THENCE RUN N.90 000'00' AID BOUND Y, OR A DISTANCE OF 72.00 FEET; THENCE R 00 SAI BOUNDARY, FOR A DISTANCE OF 64.00 F T; 0 ALf�ONG SAID BOUNDARY, FOR A ST F 6 .5 T t S.48 °52'43 "E., ALONG SAID BOUND 0 I T 0 8 FFi TO A POINT ON A CIRCULAR CURVE, C 0 HICH THE RADIUS POINT BEARS S.44 046'0 A DISTANCE O O F J HEREFROM; THENCE RUN SOUTHER Y, ALONG SA Y AND THE ARC OF SAID CURVE TO THE RIG VING A RADIU .00 FEET, THROUGH A CENTRAL ANGLE OF 24 021' ORD OF 27.01 FEET AT A BEARING OF S.33 003'01 "E., F '� "FF 27.22 FEET TO THE END OF SAID CURVE; THENCE RUN S.20 °51'39" E., ALONG SAID BOUNDARY, FOR A DISTANCE OF 4.88 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTH, OF WHICH THE RADIUS POINT BEARS S.18 °51'59 "E., A DISTANCE OF 400.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 39 °33'34 ", SUBTENDED BY A CHORD OF 270.72 FEET AT A BEARING OF S.89 005'12 "E., FOR A DISTANCE OF 276.18 FEET TO THE END OF SAID CURVE; THENCE RUN S.69 °18'19 "E. FOR A DISTANCE OF 226.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTH, OF WHICH THE RADIUS POINT BEARS N.20 °41'35 "E., A DISTANCE OF 170.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 85 °31'55 ", SUBTENDED BY A CHORD OF 230.86 FEET AT A BEARING OF N.67 055'37 "E., FOR A DISTANCE OF 253.78 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT, HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL ANGLE OF 106 006'26 ", SUBTENDED BY A CHORD OF 191.81 FEET AT A BEARING OF N.27 053'33 "W., FOR A DISTANCE OF 222.23 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHWESTERLY, SHEET 2 OF 9 Z:\PROJECTS\2000 \0023 BNDRY COMBINATIONIESS & EXCEPT PARCELS 12 22 MOVERALL LESS HOLD -BACK PROPERTY 1222 1 O.doc OR 4677 PG 2027 ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 230.00 FEET, THROUGH A CENTRAL ANGLE OF 103 °37'00 ", SUBTENDED BY A CHORD OF 361.54 FEET AT A BEARING OF N.29 008'17 "W., FOR A DISTANCE OF 415.94 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 49 °16'45 ", SUBTENDED BY A CHORD OF 20.85 FEET AT A BEARING OF N.01 058'09 "W., FOR A DISTANCE OF 21.50 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 79.00 FEET, THROUGH A CENTRAL ANGLE OF 93 °49'26 ", SUBTENDED BY A CHORD OF 115.39 FEET AT A BEARING OF N.20 018'12 "E., FOR A DISTANCE OF 129.37 FEET TO THE END OF SAID CURVE; THENCE RUN S.81 °06'25 "W. FOR A DISTANCE OF 91.40 FEET; THENCE RUN N.69 °00'35 "W. FOR A DISTANCE OF '121.58 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTHWEST, OF WHICH THE ARS N.43 012'49 "W., A DISTANCE OF 159.24 FEET T UN SOUTHWESTERLY, ALONG THE ARC OF SAID TO THE RIG VING A RADIUS OF 159.24 FEET, THROUGH C TRAL ANGLE OF 23 8'2 ", SUBTENDED BY A CHORD OF 66.14 FEE B flF 6'21" ., OR A DISTANCE OF 66.63 FEET TO THE EN O S 70 040'19 "W. FOR A DISTANCE OF 116.66 E T C 61 F R A DISTANCE OF 13.04 FEET TO THE B Y� G DO I T THE GRANDE PRESERVE, A CONDO , A F L RECORDS BOOK 3314 AT PAGE 1326 OF UBLIC RECORD F O R COUNTY, FLORIDA; THENCE R °49'41 "W., ALON I DARY, FOR A DISTANCE OF 200.34 FEE T CE RUN N.45 00 , ALONG SAID BOUNDARY, FOR A DISTA „52F OINT ON A CIRCULAR CURVE, CONCAVE TO THE NO E RADIUS POINT BEARS N.21 °34'54 "W., A DISTANCE OF 70.00 F THEREFROM; THENCE RUN WESTERLY, ALONG SAID BOUNDARY AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 47 013'38 ", SUBTENDED BY A CHORD OF 56.08 FEET AT A BEARING OF N.87 058'04 "W., FOR A DISTANCE OF 57.70 FEET TO THE END OF SAID CURVE; THENCE RUN S.44 049'41 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 29.35 FEET; THENCE RUN N.45 °14'00 "W., ALONG SAID BOUNDARY, FOR A DISTANCE OF 195.23 FEET; THENCE RUN N.73 °01'42 "W. FOR A DISTANCE OF 318.27 FEET; THENCE RUN N.05 036'25 "W. FOR A DISTANCE OF 116.71 FEET; THENCE RUN N.43 °59'35 "E. FOR A DISTANCE OF 284.24 FEET; THENCE RUN S.55 °09'20 "E. FOR A DISTANCE OF 96.95 FEET; THENCE RUN N.41 °04'27 "E. FOR A DISTANCE OF 73.07 FEET; THENCE RUN N.84 041'17 "E. FOR A DISTANCE OF 78.09 FEET; THENCE RUN N.30 °57'09 "W. FOR A DISTANCE OF 128.69 FEET; THENCE RUN N.57 °11'21 "W. FOR A DISTANCE OF 53.58 FEET; THENCE RUN S.72 °36'59 "W. FOR A DISTANCE OF 20.23 FEET; THENCE RUN N.04 018'55 "E. FOR A DISTANCE OF 154.34 FEET; THENCE RUN N.79 014'06 "E. FOR A DISTANCE OF 23.36 FEET; THENCE RUN N.41 °46'11 "E. FOR A DISTANCE OF 52.86 FEET; THENCE RUN N.27 °55'20 "W. SHEET 3 OF 9 Z:IPROJECTS\200010023 BNDRY COMBINATIONIESS & EXCEPT PARCELS 12 221010VERALL LESS HOLD -BACK PROPERTY 122210.doc OR 4677 PG 2028 FOR A DISTANCE OF 73.00 FEET; THENCE RUN N.45 °06'03 "E. FOR A DISTANCE OF 40.19 FEET; THENCE RUN N.10 °32'39 "E. FOR A DISTANCE OF 105.15 FEET; THENCE RUN N.08 °53'52 "W. FOR A DISTANCE OF 63.68 FEET; THENCE RUN N.50 027'24 "W. FOR A DISTANCE OF 74.60 FEET; THENCE RUN N.0901 1'40"W. FOR A DISTANCE OF 55.79 FEET; THENCE RUN N.12 °37'01 "E. FOR A DISTANCE OF 252.13 FEET; THENCE RUN N.53 °38'35 "E. FOR A DISTANCE OF 104.67 FEET; THENCE RUN S.75 °04'50 "E. FOR A DISTANCE OF 142.80 FEET; THENCE RUN S.83 050'13 "E. FOR A DISTANCE OF 138.82 FEET; THENCE RUN N.73 044'38 "E. FOR A DISTANCE OF 64.03 FEET; THENCE RUN N.38 009'16 "W. FOR A DISTANCE OF 138.97 FEET; THENCE RUN N.37 048'49 "E. FOR A DISTANCE OF 158.57 FEET; THENCE RUN N.18 °59'19 "E. FOR A DISTANCE OF 190.89 FEET; THENCE RUN N.01 °00'47 "W. FOR A DISTANCE OF 105.04 FEET; THENCE RUN N.10 °14'13 "W. FOR A DISTANCE OF 86.82 FEET; THENCE RUN S.83 059'03 "E. FOR A DISTANCE OF 192.93 FEET; THENCE RUN N.79 003'27 "E. FOR A DISTANCE 9 T; THENCE RUN N.23 015'42 "E. FOR A DISTANCE OF 88.26 F '1.Q °02'48 "W. FOR A DISTANCE OF 131.19 FEE G CE RUN N.80 0,. . FOR A DISTANCE OF 175.10 FEET; THENCE R 12 014'14 "E. FOR A D A CE OF 53.59 FEET TO THE WESTERLY RIGH 0 VA E ILT DRIVE; THENCE RUN S.02 012' 5" I RI HT OF WAY LINE, FORA DISTANCE OF ,l .0 011'00 "E., ALONG SAID WESTERLY RIGHT O W L � TA �84MORE OR LESS. POINT OF EGI BNNI 1 L 74. BEARINGS SHOWN HE REFER TO THt-. OF THE SOUTHEAST QUARTER TION 20, TOWN OUTH, RANGE 25 EAST, COLLIER COUNTY, A5 0 "W. r CI THIS PROPERTY IS SUBJECT TO EAS�- EINTS, RESTRICTIONS AND 'cY ERVATIONTS OF RECORD. r• `-' 12/27/10 � - PHEN E. BERRY, STATE OF FLORIDA, (LS #5296) pBLS SURVE`ORS &MAPPERS INC., (LB 46753 ) •" N " n SEE ATTACHED SKETCH - SHEETS 5 OF 9 THROUGH 9 OF 9 SHEET 4 OF 9 Z:\PROJECTS\2000 \0023 BNDRY COMBINATIOMLESS & EXCEPT PARCELS 12 22 10\OVERALL LESS HOLD -BACK PROPERTY 1222 1O.doc OR 4677 PG 2029 w SCALE IN FEET 0 AGREED BOUNDARY LINE O.R. 68, PAGES 235-250 — AMENDED IN O.R. 1174, PAGES 1174 -1178 (SEE SHEET 6 OF 9) SOUTH LINE OF THE SE 1/4 --- BLUEB/LL AVENUE Ly P P,. P.O. C. OF SEC. 20, TWP. 485., RNG. S E SE 1/4 1�� 25E. (BEARING BASIS) NOTES KEY MAP TWP 20, 485, RNG 25E 1.) BEARINGS ARE BASED ON THE SOUTH LINE SCALE: 1" =600' LEGEND OF THE SOUTHEAST QUARTER OF SECTION 20, P.O.C. TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER POINT OF COMMENCEMENT COUNTY, FLORIDA, BEING (N.89'52'20 "W.) P.O.B. HOLD —BACK PROPERTY SEC. POINT OF BEGINNING SECTION 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, (NOT A PART) TWP. TOWNSHIP RESERVATIONS OR RESTRICTIONS OF RECORD. RNG. RANGE O.R. OFFICIAL RECORDS BOOK 3.) DIMENSIONS SHOWN HEREON ARE IN FEET PG. PAGE AND DECIMALS THEREOF. OVERALL PROPERTY LESS N. G. V. 0. HOLD BACK PROPERTY NATIONAL GEODETIC VERTICAL DATUM 4.) SHEET 9 OF 9 FOR LINE do CURVE (PARCEL DESCRIBED) u TABLE. SHEET 5 OF 9 DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION �z�z7�10 BBLS SURVEYORS & OVERALL PROPERTYLESS HOLD -BACK PROPERTY DRAWN BY: MAPPERS INC, BUD APPROVED: A PORTION OF SECTION 20 1502A RAIL HEAD BLVD. SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 scaLE V - 600, COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2030 / (AE SF}EE 777 7 OFA OF / O S] )ONES OF NAPLES III, i L25 / A CONDOMINIUM R. 2884, PG 1958 )' L ��(2 281 C2 / Tit Ji l 111 _ THE DUNES OF NAPLES II, - A CONDOMINIUM O.R. 2786, PG 2281 — N� ' 1 - �% 'LU..t "I. THE DUNES OF NAPLESS I. _ A CONDOMINIUM — � O.R. 277�7,�" PG 3078 ill• 1282 0 O --� � w 7 °N _ az °N Om \ (Ld d w / w °o w N / O ' w V) 1 -ter P.O.B. —A NORTHERLY RIGHT OF WAY LINE L81 L1 Q P.O.C. BLUEBILL AVENUE SE COO, 20, 1/4 (90' RIGHT OF WAY) o / NOTES Jll�t� 1.) BEARINGS ARE BASED ON THE SOUTH LINE OF O r I 1i THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER r > 0 28 COUNTY, FLORIDA, BEING (N.69'52'20 "W.) HOLD -BACK PROPERTY P.O.C. POINT OF BEGINNING 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, (NOT A PART) SEC. TWP. SECTION TOWNSHIP RESERVATIONS OR RESTRICTIONS OF RECORD. O RANGE 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND F_ LD DECIMALS THEREOF. a: N. G. V. D. r� J _ J SHEET B OF 9 cn SKETCH SKETCH TO ACCOMPANY LEGAL DESCRIPTION cn DRAWN BY OVERALL PROPERTY LESS HOLD -BACK PROPERTY SEA GROVE AT THE DUNES' BUD A PORTION OF SECTION 20 10447 1502 -A RAIL HEAD BLVD. N\ O.R. 2895. PG SES TOWNSHIP 48 SOUTH, RANGE 25 EAST, L3 - -- ,,,,. -� P.O.B. —A NORTHERLY RIGHT OF WAY LINE L81 L1 P.O.C. BLUEBILL AVENUE SE COO, 20, 1/4 (90' RIGHT OF WAY) SEC TWP 48S, RNG 25E NOTES 1.) BEARINGS ARE BASED ON THE SOUTH LINE OF LEGEND 2O 21 THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER P.O.C. POINT OF COMMENCEMENT 29 28 COUNTY, FLORIDA, BEING (N.69'52'20 "W.) HOLD -BACK PROPERTY P.O.C. POINT OF BEGINNING 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, (NOT A PART) SEC. TWP. SECTION TOWNSHIP RESERVATIONS OR RESTRICTIONS OF RECORD. RNG. RANGE 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND O.R. PG. OFFICIAL RECORDS BOOK PAGE DECIMALS THEREOF. N. G. V. D. NATIONAL GEODETIC VERTICAL DATUM 4.) SEE SHEET 9 OF 9 FOR LINE & CURVE TABLE. SHEET B OF 9 DAT> 12/27/10 SKETCH SKETCH TO ACCOMPANY LEGAL DESCRIPTION SURVEYORS & DRAWN BY OVERALL PROPERTY LESS HOLD -BACK PROPERTY MAPPERS INC, BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. ArPxoven: SES TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SOAK 1" - soD COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2031 Ih � I�I� J � l 1.) BEARINGS ARE BASED ON THE SOUTH LINE LEGEND OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER P.O.C. POINT OF COMMENCEMENT COUNTY, FLORIDA, BEING (N.89'52'20 "W.) P.O.B. POINT OF BEGINNING SEC. SECTION 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, TWP. TOWNSHIP RESERVATIONS OR RESTRICTIONS OF RECORD. RNG. RANGE S 3.) DIMENSIONS SHOWN HEREON ARE IN FEET HOLD -BACK PROPERTY O.R. OFFICIAL RECORDS BOOK AND AND DECIMALS THEREOF. / A PART) PG. PAGE N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM 4.) SEE SHEET 9 OF 9 FOR LINE & CURVE TABLE. SHEET 7 OF 9 DATE iZ�ZZ�io SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & OVERALL PROPERTY LESS HOLD -BACK PROPERTY DRAWN BY: MAPPERS INC. BUD APPROVED: A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. sEo TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAB I" - Zoo• COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2032 WESTERLY RIGHT OF WAY LINE i • FIEL 0 TAD A HI E 1.40' G E 2 r ^� I ELD'' D M 1 p HI dlH A R LIN 9 1 o 1 w _ n 72 L73 Z H o W ¢ 2 / a a0 N " a o E 03 / n S 0 g �� S ` SCALE IN FEET :�•';_ ":�•� 0 100' 200' / \ -ki i ro L64 i / / L65 L66 0 MATCHLINE (SEE SHEET 7 OF 9) a m NOTES LEGEND U 1.) BEARINGS ARE BASED ON THE SOUTH LINE P.O.C. POINT OF COMMENCEMENT OF THE SOUTHEAST QUARTER OF SECTION 20, P.O.B. POINT OF BEGINNING °z TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER SEC. SECTION m COUNTY, FLORIDA, BEING (N.B9'52'20 "W.) TWP. TOWNSHIP o 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RNG. RANGE i O.R. OFFICIAL RECORDS BOOK °o RESERVATIONS OR RESTRICTIONS OF RECORD. PG. PAGE $ / 11 3.) DIMENSIONS SHOWN HEREON ARE IN FEET HOLD -BACK PROPERTY N.G. V.D. NATIONAL GEODETIC VERTICAL DATUM AND DECIMALS THEREOF. (NOT A PART) o E SHEET 12 OF 12 FOR LINE &CURVE TABLE SHEET 8 OF 9 ^' DATE: ,z /zZ /,o SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & DRAWN BY. OVERALL PROPERTY LESS HOLD -BACK PROPERTY MAPPERS INC. BUD APPROVED. A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SC's 1" - 200' COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2033 LINE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L71 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L40 CURVE Cl C2 C3 C4 C5 C6 C7 CB C9 BEARING N89'52'20 "W N00'04'52 "E S89'53'05 "E N44'53'05 "W N00'06'55 "E N45'06'55 "E N00'1 4'00 "W S89'46'00 "W N00'14'00 "W 589'46'00 "W N 45'17'30 "W NDO'14'00 "W N44'42'30 "E N89'46'00 "E N00'14'00 "W S89'46'00 "W N00'14'00 "W N44'46'00 "E N45'14'00 "W N00'14'00 "W N44'46'00 "E N89'46'00 "E S45'14'00 "E} N 44'46'00 "H LINE TABLE LENGTH LINE 1263.07 L41 50.00 L42 19.81 L43 72.59 L44 132.48 L45 130.57 L46 32.99 L47 15.69 L48 73.67 L49 121.75 L50 138.42 L51 72.45 L52 133.50 L53 76.67 L54 90.67 L55 0.67 L56 6.44" S48'52'43" 7- S20'51'39 "E. S69'18'19 "E �J S81'06'25 "W ' N69'00'35 "W S70'40'19 "W S66'18'04 "W 544'49'41 "W RADIUS 64.00' 400.00' 170.00' 120.00' 230.00' 25.00' 79.00' 159.24' 70.00' 1z9 L60 30 L 276.18' L62 2 24 L 85'31'55" L64 If 72. � 64. .2 L L 7.18 L6J 4.88 L70 26.65 L71 .40 L72 (p L73 1�66T j 00 200.341 - -,- L77 L78 L79 L80 L81 CURVE TABLE LENGTH DELTA 27.22' 24'21'58" 276.18' 39'33'34" 253.78' 85'31'55" 222.23' 106'06'26" 415.94' 103'37'00" 21.50' 49'16'45" 129.37' 93'49'26" 66.63' 23'58'20" 57.70' 47'13'38" BEARING N45'09'35 "W S44'49'41 "W N45'14'00 "W N73'01'42 "W N05'36'25 "W N43'59'35 "E 555'09'20 "E N41'04'27 "E N 84'41'17 "E N30'57'09 "W N 57'11'21 "W 572'36'59 "W N04'18'55 "E N79'14'06 "E N41'46'11 "E N 27'55'20 "W N45'06'03 "E ,�J 10'32'39 "E 53'52 "W NS 24 "W 9'11' 0'W N1 37'd 'E 1 03 "E 3'27 "E 3'15'42 "E N1 0'02'48 "W N80'42'09 "E N12'14'14 "E S02'12'25 "E S02'12'00 "E NO2'12'00 "W N89'52'20 "W LENGTH 74.52 29.35 195.23 318.27 116.71 284.24 96.95 73.07 78.09 128.69 53.58 20.23 154.34 23.36 52.86 73.00 40.19 105.15 63.68 74.60 55.79 252.13 104.67 142.80 138.82 64.03 138.97 158.57 190.89 105.04 86.82 192.93 122.98 88.26 131.19 175.10 53.59 1150.67 2545.12 90.06 50.03 CHORD CHORD BEARING ' 27.01' S33'03'01 "E 270.72' S89"05'1 2"E 230.86' N67'55'37 "E 191.81' N27'53'33 "W 361.54' S29'08'17 "E 20.85' N01'58'09 "W 115.39' N20'18'12 "E 66.14' S58'46'21 "W 56.08' N87'58'04 "W SHEET 9 OF 9 DATE' 12/22 /10 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & DRAWN BY: OVERALL PROPERTYLESS HOLD -BACK PROPERTY MAPPERS INC. BUD A PORTION OF SECTION 20 APPROVED: 1502-A RAIL HEAD BLVD. SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALE N/A COLLIER COUNTY, FLORIDA (239) 597 -1315 v9 a e 0 0 N m S OR 4677 PG 2034 EXHIBIT "B" HOLD BACK PROPERTY Cot,, cy%c" OR 4677 PG 2035 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION THE DUNES HOLD -BACK PROPERTY A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUT Ei�S r. E SOUTHEAST QUARTER OF SECTION 20, TOWNS UTH, RANGE T; THENCE RUN N.89 °52'20 "W., ALONG T E UTH LINE OF THE U EAST QUARTER OF SAID SECTION 20, FO A TS 8 FE NCE RUN N.00 °07'40 "E., A DIST N 0. 0 THE NORTHERLY RIGHT OF WAY LINE OF L E INT OF BEGINNING OF THE A L 0 D S RI ED; THENCE RUN N.89 °52'20 "W., ALON 11 R GH LINE, FOR A DISTANCE OF 737.54 TO THE SOUTH T RNER OF BAKER CARROLL POINTE, AC INING TO THE OF RECORDED IN PLAT BOOK 8 AT PAGE O HE PUBLIC RE C OF COLLIER COUNTY, FLORIDA; THENCE RUN N. . 4' EASTERLY BOUNDARY OF SAID BAKER CARROLL P0$ ANCE OF 1,608.90 FEET; THENCE RUN N.54 047'52 "W. ALONG Ai15 EASTERLY BOUNDARY, FOR A DISTANCE OF 399.32 FEET TO AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68 AT PAGES 235 THROUGH 250 AND AMENDED IN OFFICIAL RECORDS BOOK 610 AT PAGES 1174 THROUGH 1178 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE RUN N.79 °17'10 "E. , ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 69.60 FEET; THENCE RUN N.02 °59'30 "W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 1,417.66 FEET; THENCE RUN N.27 °15'20 "W., ALONG SAID AGREED BOUNDARY LINE, FOR A DISTANCE OF 616.67 FEET; THENCE RUN N.87 048'00 "E. FOR A DISTANCE OF 2,472.71 FEET TO THE WESTERLY RIGHT OF WAY LINE OF VANDERBILT DRIVE (A 100 FOOT WIDE RIGHT OF WAY); THENCE RUN S.02 °12'25 "E., ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 222.44 FEET; THENCE RUN S.12 °14'14 "W. FOR A DISTANCE OF 53.59 FEET; THENCE RUN S.80 °42'09 "W. FOR A DISTANCE OF 175.10 FEET; THENCE RUN S.10 °02'48 "E. FOR A DISTANCE OF 131.19 FEET; THENCE RUN S.23 °15'42 "W. FOR A DISTANCE OF 88.26 FEET; THENCE RUN S.79 003'27 "W. FOR A DISTANCE OF 122.98 FEET; THENCE RUN N.83 059'03 "W. FOR A DISTANCE OF 192.93 FEET; THENCE RUN S.10 °14'13 "E. SHEET 1 OF 12 Z:\PRO]ECTS\2000 \0023 BNDRY COMBINATIMLESS & EXCEPT PARCELS 12 22 MHOLD -BACK PROPERTY 12 22 10.doc OR 4677 PG 2036 FOR A DISTANCE OF 86.82 FEET; THENCE RUN S.01 °00'47 "E. FOR A DISTANCE OF 105.04 FEET; THENCE RUN S.18 °59'19 "W. FOR A DISTANCE OF 190.89 FEET; THENCE RUN S.37 048'49 "W. FOR A DISTANCE OF 158.57 FEET; THENCE RUN S.38 009'16 "E. FOR A DISTANCE OF 138.97 FEET; THENCE RUN S.73 °44'38 "W. FOR A DISTANCE OF 64.03 FEET; THENCE RUN N.83 °50'13 "W. FOR A DISTANCE OF 138.82 FEET; THENCE RUN N.75 °04'50 "W. FOR A DISTANCE OF 142.80 FEET; THENCE RUN S.53 °38'35 "W. FOR A DISTANCE OF 104.67 FEET; THENCE RUN S.12 °37'01 "W. FOR A DISTANCE OF 252.13 FEET; THENCE RUN S.0901 1'40"E. FOR A DISTANCE OF 55.79 FEET; THENCE RUN S.50 °27'24 "E. FOR A DISTANCE OF 74.60 FEET; THENCE RUN S.08 °53'52 "E. FOR A DISTANCE OF 63.68 FEET; THENCE RUN S.10 °32'39 "W. FOR A DISTANCE OF 105.15 FEET; THENCE RUN S.45 006'03 "W. FOR A DISTANCE OF 40.19 FEET; THENCE RUN S.27 055'20 "E. FOR A DISTANCE OF 73.00 FEET; THENCE RUN S.41 046'11 "W. FOR A DISTANCE OF 52.86 FEET; THENCE RUN S.79 014'06 "W. FOR A DISTANCE OF 23.36 FEET; THENCE RUN S.04° DISTANCE OF 154.34 FEET; THENCE RUN N.7203 6'59"E. .23 FEET; THENCE RUN S.57 °11'21 "E. FOR A DIST F 53.58 FEET; E RUN S.30 057'09 "E. FOR A DISTANCE OF 128.69 , CE RUN S.840 117' . FOR A DISTANCE OF 78.09 FEET; THENC ° 4 A D T NCE OF 73.07 FEET; THENCE RUN N.55-090" 5 ET; THENCE RUN S.43 059'35 "W. FORA I IS C 2 4. CE,RUN S.05 036'25 "E. FOR A DISTANCE OF 1 1 ; T S 3 2 "E. FOR A DISTANCE OF 318.27 H Y OF GRANDE DOMINCA AT GRAND SERVE, A CON I ` S RECORDED IN OFFICIAL RECORDS B 314, AT PAGE 1 7 PUBLIC RECORDS OF SAID COLLIER COUNTY; CE RUN S.45 014' "`` ALONG SAID SOUTHERLY BOUNDARY, .23 FEET; THENCE RUN N.44 °49'41 "E., ALONG SAID SO $ ARY, FOR A DISTANCE OF 29.35 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTH, OF WHICH THE RADIUS POINT BEARS N.25 038'45 "E., A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG SAID SOUTHERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 47 °13'38 ", SUBTENDED BY A CHORD OF 56.08 FEET AT A BEARING OF S.87 058'04 "E., FOR A DISTANCE OF 57.70 FEET TO THE END OF SAID CURVE; THENCE RUN S.45 °09'35 "E. , ALONG SAID SOUTHERLY BOUNDARY, FOR A DISTANCE OF 74.52 FEET; THENCE RUN N.44 °49'41 "E. , ALONG SAID SOUTHERLY BOUNDARY, FOR A DISTANCE OF 200.34 FEET TO THE SOUTHERLY BOUNDARY OF GRANDE PRESERVE AT THE DUNES COMMUNITY ASSOCIATION, AS RECORDED IN OFFICIAL RECORDS BOOK 3314 AT PAGE 1282 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE RUN N.66 018'04 "E., ALONG SAID SOUTHERLY BOUNDARY, FOR A DISTANCE OF 12.65 FEET; THENCE RUN N.70'40'1 9"E. , ALONG SAID SOUTHERLY BOUNDARY, FOR A DISTANCE OF 116.66 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTHWEST, OF WHICH THE RADIUS POINT BEARS N.19 014'29 "W., A DISTANCE OF 159.24 FEET THEREFROM; THENCE SHEET 2 OF 12 Z:IPROJECTS1200010023 BNDRY COMBINATIONILESS & EXCEPT PARCELS 12 22 10\HOLD -BACK PROPERTY 12 22 1 O.doc OR 4677 PG 2037 RUN NORTHEASTERLY, ALONG SAID SOUTHERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 159.24 FEET, THROUGH A CENTRAL ANGLE OF 23 °58'20 ", SUBTENDED BY A CHORD OF 66.14 FEET AT A BEARING OF N.58 °46'21 "E., FOR A DISTANCE OF 66.63 FEET TO THE END OF SAID CURVE; THENCE RUN S.69 °00'35 "E. , ALONG SAID SOUTHERLY BOUNDARY, FOR A DISTANCE OF 121.58 FEET; THENCE RUN N.81 006'25 "E. , ALONG SAID SOUTHERLY BOUNDARY, FOR A DISTANCE OF 91.40 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE EAST, OF WHICH THE RADIUS POINT BEARS S.22 047'05 "E., A DISTANCE OF 79.00 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 79.00 FEET, THROUGH A CENTRAL ANGLE OF 93 049'26 ", SUBTENDED BY A CHORD OF 115.39 FEET AT A BEARING OF S.20 018'12 "W., FOR A DISTANCE OF 129.37 FEET TO A POINT OF REVERSE CURVE; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVIN j F.,2�5.00 FEET, THROUGH A CENTRAL ANGLE OF 49 016' r CHORD OF 20.85.FEET AT A BEARING OF S.01 058'09" A DISTANC 50 FEET TO A POINT OF REVERSE CURVE, THE C SOUTHEASTE , A ONG THE ARC OF SAID CURVE TO THE F , �G A SO 30. 0 FEET, THROUGH A CENTRAL ANGLE OF f 03 3 ' ", H OF 361.54 FEET AT A BEARING OF S. 90 1 A 41 .94 FEET TO A POINT OF REVERSE CURVE E A LONG THE ARC OF SAID CURVE TO THE A I 0 FEET, THROUGH A CENTRAL ANGLE O °06'26 ", SUBTEN D Y ORD OF 191.81 FEET AT A BEARING OF S.27 "E., FOR A DIS 2.23 FEET TO A POINT OF COMPOUND CURVE RIGHT, HAVIN DIUS OF 170.00 FEET, THROUGH A CENTRAL A °31_'S� ; DED BY A CHORD OF 230.86 FEET AT A BEARING O 63'I71 A DISTANCE OF 253.78 FEETTO THE END OF SAID CURVE; CE RUN N.69018'1 9"W. FOR A DISTANCE OF 226.65 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTH, OF WHICH THE RADIUS POINT BEARS S.20 °41'35 "W., A DISTANCE OF 400.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 39 °33'34 ", SUBTENDED BY A CHORD OF 270.72 FEET AT A BEARING OF N.89 005'12 "W., FOR A DISTANCE OF 276.18 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTHERLY BOUNDARY OF DUNES OF NAPLES III, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 2884, AT PAGE 1958 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE RUN N.2005 1'39"W., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 4.88 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST, OF WHICH THE RADIUS POINT BEARS S.69 007'58 "W., A DISTANCE OF 64.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG SAID NORTHERLY BOUNDARY AND THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 64.00 FEET, THROUGH A CENTRAL ANGLE OF 24 021'58 ", SUBTENDED BY A CHORD OF 27.01 FEET AT A BEARING OF N.33 003'01 "W., FOR A DISTANCE OF 27.22 SHEET 3 OF 12 Z:\PROJECTS\2000 \0023 BNDRY COMBINATIOMLESS & EXCEPT PARCELS 12 22 10\HOLD -BACK PROPERTY 12 22 l0.doc OR 4677 PG 2038 FEET TO THE END OF SAID CURVE; THENCE RUN N.48 °52'43 "W. , ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 7.18 FEET; THENCE RUN N.90 000'00 "E. , ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 69.52 FEET; THENCE RUN N.00 000'00 "E., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 64.00 FEET; THENCE RUN S.90 °00'00 "W., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 72.00 FEET; THENCE RUN S.00 °00'00 "E., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 22.20 FEET; THENCE RUN S.44 °46'00 "W., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 7.36 FEET; THENCE RUN N.45 014'00 "W., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 245.32 FEET; THENCE RUN S.89 °46'00 "W., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 135.60 FEET; THENCE RUN S.44 °46'00 "W., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANCE OF 70.30 FEET; THENCE RUN S.00 °14'00 "E., ALONG SAID NORTHERLY BOUNDARY, FOR A DISTANC THENCE RUN S.45 °14'00 "E., ALONG SAID NORTHERLY STANCE OF 5.22 FEET; THENCE RUN S.44 046'00" NG SAID N Y BOUNDARY, FOR A DISTANCE OF 83.09 FE ENCE RUN S.00014' "E., LONG SAID NORTHERLY BOUND Y F�,; Yom` OF 6. F T; THENCE RUN N.89 °46'00 "E. , ALON S Y, OR A DISTANCE OF 0.67 FEET TO THE W ST Y O O NAPLES II, A CONDOMINIUM, AS F S OOK 2786, AT PAGE 2281 OF THE PUBLIC L TY; THENCE RUN S.00 014'00 "E., ALONG WESTERLY BO Y A DISTANCE OF 90.67 FEET; THENCE R 9 046'00 "W., AL 1 ESTERLY BOUNDARY, FOR A DIS OF 76.67 FEET- E RUN S.44 042'30 "W., ALONG SAID WESTERLY ...E(1 CE OF 133.50 FEET; THENCE RUN S.0001 '00"E., A WJD RLY BOUNDARY, FOR A DISTANCE OF 72.46 FEET; THENCE 45 °17'30 "E., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 138.42 FEET; THENCE RUN N.89 °46'00 "E., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 121.75 FEET TO THE WESTERLY BOUNDARY OF DUNES OF NAPLES I, A CONDOMINIUM, AS RECORED IN OFFICIAL RECORDS BOOK 2777 AT PAGE 3078 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY; THENCE RUN S.00 °14'00 "E., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 73.67 FEET; THENCE RUN N.89 °46'00 "E., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 15.69 FEET; THENCE RUN S.00 °14'00 "E., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 32.99 FEET; THENCE RUN S.45 006'55 "W., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 130.57 FEET; THENCE RUN S.00 °06'55 "W., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 132.48 FEET; THENCE RUN S.44 °53'05 "E., ALONG SAID WESTERLY BOUNDARY, FOR A DISTANCE OF 72.59 FEET; THENCE RUN N.89 °53'05 "W. FOR A DISTANCE OF 19.81 FEET; THENCE RUN S.00 004'52 "W. FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING. SHEET 4 OF 12 Z:\PROJECTS\2000 \0023 BNDRY COMBINATION\LESS & EXCEPT PARCELS 12 22 IMOLD -BACK PROPERTY 12 22 10.doc OR 4677 PG 2039 PARCEL CONTAINS 114.052 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N89 °52'20 "W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND �,�RESERVATIQNS,OF RECORD. 12/22/10 ....:STEPHEN E. BERRY, STATE OF FLORIDA, (LS #5296) f. BBLS SURVEYORS & MAPPERS INC., (LB #6753) r 66 'g SEE ATTAC HE O UGH 12 OF 12 i I-:" c I SHEET 5 OF 12 Z:\PROJECTS\2000 \0023 BNDRY COMBINATION\LESS & EXCEPT PARCELS 12 2210\HOLD -BACK PROPERTY 12 22 10.doc OR 4677 PG 2040 N 4 4 W E S SCALE IN FEET 0 30D' 600' AGREED BOUNDARY LINE O.R. 68, PAGES 235 -250 — AMENDED IN O.R. 1174, PAGES 1174 -1178 BAKER - CARROLL POINTE PLAT BOOK B PAGE 42 N.00'14'00 "W. 49.83' SOUTH LINE OF THE SE 1/4---' 11 " "' z o w t s Or a 2 LEGEND x n W w 1.) BEARINGS ARE BASED ON THE SOUTH LINE KEYMAP P.O.C. P.O.B. POINT OF COMMENCEMENT POINT OF BEGINNING ° > OF THE SOUTHEAST QUARTER OF SECTION 20, SCALE: 1" =600' TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ° • SECTION c o ' ' J I cl N QQQ \ \ \C RNG. RANGE 0 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, n a OFFICIAL RECORDS BOOK o RESERVATIONS OR RESTRICTIONS OF RECORD. PG. Lu 0 g LJ\ + N.G.V.D. 0 m Ft' U P.O. C. w SE COR, SE 1/4 N c SEC 20, z 21 TWP 4BS, RNG 25E a U SOUTH LINE OF THE SE 1/4---' 11 " "' o.78 29 28 OF SEC. 20, TWP. 48S., RNG. BLUEBILL AVENUE 25E. (BEARING BASIS) LEGEND Z NOTES 1.) BEARINGS ARE BASED ON THE SOUTH LINE KEYMAP P.O.C. P.O.B. POINT OF COMMENCEMENT POINT OF BEGINNING ° > OF THE SOUTHEAST QUARTER OF SECTION 20, SCALE: 1" =600' TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER SEC. SECTION i COUNTY, FLORIDA, BEING (N.89'52'20 "W.) TWP. TOWNSHIP m RNG. RANGE 0 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, O.R. OFFICIAL RECORDS BOOK o RESERVATIONS OR RESTRICTIONS OF RECORD. PG. PAGE g N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM 3.) DIMENSIONS SHOWN HEREON ARE IN FEET L2 U AND DECIMALS THEREOF, j/ HOLD -BACK PROPERTY 0 4.) SEE SHEET 12 OF 12 FOR LINE TABLE. SHEET 6 OF 12 DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION 7/28/10 SKETCH SURVEYORS & DRAWN BY: HOLD -BACK PROPERTY MAPPERS INC" B�° A PORTION OF SECTION 20 APPROVED: 1502-A RAIL HEAD BLVD. sEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 scALE 1"- 600' COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2041 EASEMENT AI nn,A nn ,u An AS' SOUTHEASTERLY CORNER BAKER - CARROLL _ POINTE PLAT BOOK 8 PAGE 42 \ W ,ice a n 0 0 o N m N \ n O m \ N 0 OF NAPLES I, N.UU U/ 4U W. an nn' NOTES SOUTH LINE OF THE SE 1/4- LEGEND OF SEC. 20, TWP. 485., RNG. 1.) BEARINGS ARE BASED ON THE SOUTH LINE OF 25E. (BEARING BASIS) P.O.C. POINT OF COMMENCEMENT THE SOUTHEAST QUARTER OF SECTION 20, P.O.B. POINT OF BEGINNING °z TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER S EC. SECTION COUNTY, FLORIDA, BEING (N.89'5220 "W.) TWP. TOWNSHIP o 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RANG RESERVATIONS OR RESTRICTIONS OF RECORD. RI RG AL RECORDS BOOK 8 PG. PAGE 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. HOLD -BACK PROPERTY N.G. V.D. NATIONAL GEODETIC VERTICAL DATUM u 4.) SEE SHEET 12 OF 12 FOR LINE & CURVE SHEET 7 OF 12 a TABLE. DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & /za�10 DRAWN BY: HOLD -BACK PROPERTY MAPPERS INC. UD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALM ,- - 200, COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2042 IIATI Ul11- W 1N / zwo L32 a �n wtp Oz ci a �.' :'1 o ada� � o L4 w , \ N Vl WATERWAY /� \ ./0 L37 5 O IEL }.00 M � V. . P OP SED U ERG N NO L S 1 m 1 Li i 1 r O + Z^ TRACT B BAKER - CARROLL /, i / mtj /•'• • „F, uj POINTE - F2 2 GRANDE vY PLAT BOOK 8 C GRAND o PAGE 42 A / 4? W H O.R. CC < / z MATCHLINE 1/ NOTES (SEE SHEET 7 OF 12) 1.) BEARINGS ARE BASED ON THE SOUTH LINE LEGEND OF THE SOUTHEAST QUARTER OF SECTION 20, o TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER P.O.C. POINT OF COMMENCEMENT m COUNTY, FLORIDA, BEING (N.89. 52'20 -W.) P.O.B. POINT OF BEGINNING N 8 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, SEC. SECTION TWP. TOWNSHIP RESERVATIONS OR RESTRICTIONS OF RECORD. RNG. RANGE 3.) DIMENSIONS SHOWN HEREON ARE IN FEET HOLD -BACK PROPERTY O.R. OFFICIAL RECORDS BOOK AND DECIMALS THEREOF. F1 PG. PAGE N.G.V.D. NATIONAL GEODETI VERTICAL DATUM a 4.) SEE SHEET 12 OF 12 FOR LINE & CURVE TABLE. SHEET 8 OF 12 N DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,zizz7,o BBLS SURVEYORS & DRAWN BY; HOLD -BACK PROPERTY Boo MAPPERS INC. APPROVED: A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. SEB TOWNSHIP 48 SOUTH, RANGE25 EAST, NAPLES, FLORIDA 3411 5QA'� 1• - zoo• COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2043 Ll w 0 z o x � 8 a n n v_ 9 0 s N Nm n O M N - -- \ \� 9 ° N / n z_Na N M ~ K 0 z= WO V IJ n wtOZ� a Q O Q� N /i• d7 MATCHLINE / (SEE SHEET 8 OF 12) % NOTES 1.) BEARINGS ARE BASED ON THE SOUTH LINE LEGEND Y THE SOUTHEAST QUARTER OF SECTION TO TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER IER P.O.C. POINT OF COMMENCEMENT v m COUNTY, FLORIDA, BEING (N.89'52'20 "W.) P.O.B. POINT OF BEGINNING N SEC. SECTION g 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, TWP. TOWNSHIP / RESERVATIONS OR RESTRICTIONS OF RECORD. RNG, RANGE 3.) DIMENSIONS SHOWN HEREON ARE IN FEET HOLD -BACK PROPERTY 0. R. PC. OFFICIAL RECORDS BOOK PAGE AND DECIMALS THEREOF. W N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM & TABLE.E SHEET 12 OF 12 FOR LINE k CURVE SHEET 9 OF 12a DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 12/22/10 BBLS SURVEYORS & DRAWN BY: HOLD -BACK PROPERTY BUD MAPPERS INC. APPROVED: A PORTION OF SECTION 20 1502-A RAIL HEAD BLVD. see TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM ,• - 200' COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2044 WESTERLY RIGHT OF WAY LINE L7 / \ I / FILL 0 AT D HI TERM E E 1.46' G 29 \1 , / / 0 / EL 1 C• C C D M / H)GH A R LIN 1 OC1 / /EL .40' N 9 I 0 r 1 Q W W i ry O L a a 4 _ � U n m - 0 a � W F- _ 1 1{ Z H o v / , W N `y T O 0 /\ 0 v W 2 0 5 W /M / yL NE' ( EE FIEET OF 12)� �d Z m NOTES LEGEND o U 1.) BEARINGS ARE BASED ON THE SOUTH LINE P.O.C. POINT OF COMMENCEMENT r OF THE SOUTHEAST QUARTER OF SECTION 20, P.O.B. POINT OF BEGINNING 0 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER S EC. SECTION m COUNTY, FLORIDA, BEING (N.89'52'20 -W.) TWP. TOWNSHIP °o 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RNG. RANGE � RESERVATIONS OR RESTRICTIONS OF RECORD. O.R. OFFICIAL RECORDS BOOK °o PG. PAGE ° 3.) DIMENSIONS SHOWN HEREON ARE IN FEET HOLD -BACK PROPERTY N.G. V.D. NATIONAL GEODETIC VERTICAL DATUM AND DECIMALS THEREOF. Lq 0 4.) SEE SHEET 12 OF 12 FOR LINE & CURVE Fl TABLE. SHEET 10 OF 12 N DATE: ,ziZZi,O SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & DRAWN BY: HOLD -BACK PROPERTY MAPPERS INC, euo A PORTION OF SECTION 20 APPROVED,. 1502 A RAIL HEAD BLVD, SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 5CA1 1' - 200, COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2045 WESTERLY I III - , 2 RIGHT OF WAY LINE CGRANDE DOMINICA A THE I C - FI GRANDE PRESERVE A CONDOMINIUM O.R. 3_314, PG 1326 L54 I f O OU DAR OF ,GRAND ' p w I O �. /! OR 331aJJ = n 4 /� l� F U O F W o _o W � ' � L64 - o _THE DUNES OF NAPLES III, L60 / 5 A CONDOMINIUMIIII O.R. 2884, PG 1958 6 °' W1� 111 "1777T1 � I � Y N O 2 < V G NOTES 2 NOTES m LEGEND 1.) BEARINGS ARE BASED ON THE SOUTH LINE P.O. C. POINT OF COMMENCEMENT > OF THE SOUTHEAST QUARTER OF SECTION 20, P.0.. POINT OF BEGINNING o TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER SEC. SECTION Z COUNTY, FLORIDA, BEING (N.89'52'20 "W.) m TWP. TOWNSHIP o 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RNG. RANGE RESERVATIONS OR RESTRICTIONS OF RECORD. O.R. OFFICIAL RECORDS BOOK °o PG. PAGE 3.) DIMENSIONS SHOWN HEREON ARE IN FEET ' AND DECIMALS THEREOF. HOLD —BACK PROPERTY N. G. V. D. NATIONAL GEODETIC VERTICAL DATUM 4.) SEE SHEET 12 OF 12 FOR LINE & CURVE TABLE. SHEET 17 OF 12 N DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,zizzilD SHEET SURVEYORS & DRAWN BY: HOLD -BACK PROPERTY MAPPERS INC. BUD A PORTION OF SECTION 20 APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, 1502-A RAIL HEAD BLVD. NAPLES, FLORIDA 3411 S ° "'� 1 = 200' COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2046 LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH Lt N89'52'20 "W 737.54 L43 345'14'00 "E 195.23 L2 N00'14'00 "W 1608.90 L44 N44'49'41 "E 29.35 L3 N54'47'52 "W 399.32 L45 S45'09'35 "E 74.52 L4 N79'17'10 "E 69.60 L46 N44'49'41 "E 200.34 L5 NO2'59'30 "W 1417.66 L47 N66'18'04 "E 13.04 L6 N27'15'20 "W 616.67 L52 N70'40'19 "E 116.66 L7 N87'48'00 "E 2472.71 L53 S69'00'35 "E 121.58 LB S02'12'25 "E 222.44 L54 N81'06'25 "E 91.40 L9 512'14'14 "W 53.59 L55 N69'18'19 "W 226.65 L10 SBO'42'09 "W 175.10 L56 N20'51'39 "W 4•BB L11 S10'02'48 "E 131.19 L57 N48'52'43 "W 7.18 L12 S23'15'42 "W 88.26 L58 N90'00'00 "E 69.52 L13 S79'03'27 "W 122.98 L59 N00'00'00 "E 64.00 L14 N83'59'03 "W 192.93 L60 590'00'00" w 72.00 L15 S10 *14'1 YE 86.82 L61 S00'00'00 "E 22.20 L16 301'00'47 "E 105.04 L62 S44'46'00 "W 7.36 L17 518'59'19 "W 190.89 L63 N45'14'00 "W 245.32 L18 S37'48'49 "W 158.57 L64 SB9'46'00 "W 135.60 138.97 I"b5 -• _ 544'46'00 "W 70.30 L19 538'09'16 "E ---- -•... L20 S73'44'38 "W 64.03M; 'JZ6C 4 00 E 139.84 L21 N83'50'13 "W 138 @� t 68 14 p1 E 5.22 L22 N75'04'50 "W 1 L68 S00'1E rE 83.09 L23 553'38'35 "W06 6.44 L24 512'37'01 "W 25 _ L70 N89'46 :0 "E 0.67 L25 509'11'40 "E 7 0'14'00' 90.67 L26 550'27'24 "E 4.60 SB 4600" 76.67 L27 SOS'53'52 "E 7 133.50 1-28 S10'32'39 "W 05 5 L 4 0 4 E 72.46 L29 S45'06'03 "W 4019 L S45 3 "E 138.42 L30 S27'55'20 "E N89' "E <<" 121.75 L31 S41'46'11" W 2.86 L77 500.14 00" 73.67 L32 S79'14'06 "W �V.36 L78 9.46 00" 15.69 L33 SO4'18'55 "W 4 L79 1J'0 32.99 L34 N72'36'S9 "E L80 545 � 130.57 ' 132 48 L35 S57'11'21 "E 3 L81 S0 L36 S30'57'09 "E 12 y., L82 ----' E 72.59 L37 S84'41'1 7 "W 78.0 \f_� -L 9'� 05"W 19.81 L38 541'04'27 "W 73.07 '04'52 "W 50.00 L39 N55'09'20 "W 96.95 L40 S43'59'35 "W 284.24 L41 S05'36'25'E 116.71 L42 S73'01'42 "E 318.27 CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD CHORD BEARING Cl 70.00' 57.70' 47'13'38" 56.08' S87'58'04 'E C2 159.24' 66.63' 23'58'20" 66.14' N58'46'21 "E C3 79.00' 129.37' 93'49'26" 115.39' S20'18'12 "W C4 25.00' 21.50' 49'16'45" 20.85' S01'58'09 "E C5 230.00' 415.94' 103'37'00" 361.54' S29'08'1 7"E C6 120.00' 222.23' 106'06'26" 191.81' S27'53'33 "E C7 170.00' 253.78' 85'31'55" 230.86' 567'55'37 "W C8 400.00' 276.18' 39'33'34" 270.72' N89'05'12 "W C9 64.00' 27.22' 24'21'58" 27.01' N33'03'01 "W SHEET 12 OF 12 DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & ,ziz2i,D HOLD -BACK PROPERTY DRAWN BY. MAPPERS INC. BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM NSA COLLIER COUNTY, FLORIDA (239) 597 -1315 W a n 0 0 N N 0 OR 4677 PG 2047 EXHIBIT "C" USE PROPERTY _V\ OR 4677 PG 2048 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION USE PROPERTY PARCEL 1 A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEA T C --OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP Q AST; THENCE RUN N.89 °52'20 "W., ALONG TH ALINE OF THEAST QUARTER OF SAID SECTION 20, FOR ANCE OF 740.29 F ENCE RUN N.00 °07'40 "E., A DISTA C 9 00 PO T THE NORTHERLY RIGHT -OF -WAY LINE F LUEBIL A NUE A 90 0 RIGHT -OF -WAY) AND THE POINT OF E L ND HEREIN DESCRIBED; THENC R .89 5 52 " A P P4GHT-OF-WAY LINE, FOR A DISTANCE OF M. ; .00 2' OR A DISTANCE OF 50.00 FEET; THENCE R .89 053'05 "E FOR IS A. C OF 154.30 FEET TO A POINT ON THE BOUND OF DUNES OF ; CONDOMINIUM, AS RECORDED IN OFFICIAL RDS BOOK 2777 GE 3078, OF THE PUBLIC RECORDS OF C TY F , THENCE RUN N.45 007'40 "E., ALONG THE B'Y UNES OF NAPLES 1, FOR A DISTANCE OF 206.44 FEET; THENCE7RUN-S:89 052'20 "E., FOR A DISTANCE OF 258.21 FEET TO A POINT ON THE BOUNDARY OF SEA GROVE AT THE DUNES, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 2895, AT PAGE 447, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.05 007'42 "E, ALONG THE BOUNDARY OF SAID SEA GROVE AT THE DUNES, FOR A DISTANCE OF 196.82 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.79 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N89 °52'20 "W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 1 OF 4 Z:\PROJECTS1200010023 BNDRY COMBINATIOMLESS & EXCEPT PARCELS 12 22 10\PARCEL 1 12 22 1O.doc OR 4677 PG 2049 34r V:Sdup��G 12/22/10 STEPHEN E. BERRY, STATE OF FLORIDA, (LS #5296) BBLS $URVEYQ-RS.-8p,,MAPPERS INC., (LB 46753) SEE ATTACHED SKETCH - SHEET 3 OF 4 THROUGH 4 OF 4 R co �A OF, CIVO-l'. 20F4 Z:\PROJECTS\2000\0023 BNDRY COMBINATIMLESS & EXCEPT PARCELS 12 22 10\PARCEL 1 12 22 10.doc OR 4677 PG 2050 KEY MAP --- VANDERBILT DRIVE (COUNTY ROAD 901) N E N 44 S O W SCALE IN FEET 0 200• 400• 4A ...• p P.O.C. SE CDR SEC 20, 1"• p� TWP 48S, RING 25E M N RIGHT-OF-WAY) � N 1 w I \C3 O.B. 1.40' ��0 =a (i,'h" *E'oY" " Ci 4� If�iiiL_�'T1��. 71J C , T CHANNEL VANDERBI LT CULF BRE£Z£AT YAND£RB1LT, GULF BREEZE AT VANDERBILT, I I �5£ 1 &2 0 A CONDOMINIUM A CONDOMINIUM I` SECTION Ill PHASE ll PHASE l / WATERWAY \ BAKER - CARROLL POINTE PLAT BOOK 8, PAGE 42 NZ D_ wv) 0 a o w z J O N } oV)a 3 I oO x K O m W W L Q . J W �-4 I m SHEET OF DATE 12i22i10 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 1 DRAWN BY: BUD INC. euo A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD, APPROVED: SED TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALE. 1" = 4DD• COLLIER COUNTY, FLORIDA (239) 597 -1315 W a n iJ 0 fV O 0 N b LEGEND NOTES P.O.C. POINT OF COMMENCEMENT P.0•B. POINT OF BEGINNING 1.) BEARINGS ARE BASED ON THE SOUTH LINE SEC. SECTION OF THE SOUTHEAST QUARTER OF SECTION 2D, TWP, TOWNSHIP TOWNSHIP 4B SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING (N.89'52.20 "W.) RING. RANGE O.R. OFFICIAL RECORDS BOOK 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, PG. PAGE RESERVATIONS OR RESTRICTIONS OF RECORD. N. G. V. D. NATIONAL GEODETIC VERTICAL DATUM 3.) DIMENSIONS SHOWN HEREON ARE IN FEET A. E. ACCESS EASEMENT AND DECIMALS THEREOF. USE PROPERTY PARCEL 1 (SEE SHEET 4 OF 4) NZ D_ wv) 0 a o w z J O N } oV)a 3 I oO x K O m W W L Q . J W �-4 I m SHEET OF DATE 12i22i10 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 1 DRAWN BY: BUD INC. euo A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD, APPROVED: SED TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALE. 1" = 4DD• COLLIER COUNTY, FLORIDA (239) 597 -1315 W a n iJ 0 fV O 0 N b OR 4677 PG 2051 SEA GROVE AT THE DUNE O.R. 2895, PAGE 447 ,^ S > cv 3 w ° � o a \` \�. n THE DUNES 0 NAPLES 1, A CONDOMINIUM O.R. 2777, PAGE 3078 J Li O N N rn m z 3 0 U rn W caQ J uj m BAKER- CARROLL POINTE PLAT BOOK 8, PAGE 42 w u.) i \N Z NK q•� m z a 4 cn 00 Bic SCALE IN FEET 0 100' 200' :1agjPiI�G➢2.S ARE BASED ON THE SOUTH LINE T QUARTER OF SECTION 20, 5�1�I, RANGE 25 EAST, COLLIER A. B NG (N.89'52'20 "W.) E IS UBJECT TO EASEMENTS, 0 REST ICTIONS OF RECORD. WN REON ARE IN FEET ilk Rt LEG ( P.O.C. P.O.B. O.R. PG. N.G.V.D. A.E. -0 OF COMMENCEMENT P T OF BEGINNING SECTION TOWNSHIP RANGE OFFICIAL RECORDS BOOK PAGE NATIONAL GEODETIC VERTICAL DATUM ACCESS EASEMENT LINE TABLE LINE BEARING DISTANCE N N P. O. C. L2 NOD'07'40 "E 90.00' O N 01 SE COR SEC 20, N TWP 48S, RNG 25E NO N N N I d 00 m n Z' L2 P.O.B. O N N rn m z 3 0 U rn W caQ J uj m BAKER- CARROLL POINTE PLAT BOOK 8, PAGE 42 w u.) i \N Z NK q•� m z a 4 cn 00 Bic SCALE IN FEET 0 100' 200' :1agjPiI�G➢2.S ARE BASED ON THE SOUTH LINE T QUARTER OF SECTION 20, 5�1�I, RANGE 25 EAST, COLLIER A. B NG (N.89'52'20 "W.) E IS UBJECT TO EASEMENTS, 0 REST ICTIONS OF RECORD. WN REON ARE IN FEET ilk Rt LEG ( P.O.C. P.O.B. O.R. PG. N.G.V.D. A.E. -0 OF COMMENCEMENT P T OF BEGINNING SECTION TOWNSHIP RANGE OFFICIAL RECORDS BOOK PAGE NATIONAL GEODETIC VERTICAL DATUM ACCESS EASEMENT SHEET OF DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,2�22�,o USE PROPERTY PARCEL 1 BBLS SURVEYORS & DRAWN BY., BUD MAPPERS INC. APPROV A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. ED: TOWNSHIP 48 SOUTH, RANGE 25 EAST, SEB � NAPLES, FLORIDA 3411 SCALE 1" - 200' COLLIER COUNTY, FLORIDA (239) 597 -1315 n a N 0 0 LINE TABLE LINE BEARING DISTANCE Li N00'04'52 "W 50.00 L2 NOD'07'40 "E 90.00' L3 S89'53'05 "E 154.30' SHEET OF DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,2�22�,o USE PROPERTY PARCEL 1 BBLS SURVEYORS & DRAWN BY., BUD MAPPERS INC. APPROV A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. ED: TOWNSHIP 48 SOUTH, RANGE 25 EAST, SEB � NAPLES, FLORIDA 3411 SCALE 1" - 200' COLLIER COUNTY, FLORIDA (239) 597 -1315 n a N 0 0 OR 4677 PG 2052 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION USE PROPERTY PARCEL 2 A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEA,STa QF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP S AST; THENCE RUN N.02 °12'00 "W., ALONG THt INE OF THE EAST QUARTER OF SAID SECTION 20, FOR ITANCE OF 886.34 FE T; NCE RUN S.87 °48'00 "W., A DIST C 'd ' 5.46-FEETI THE O NT OF BEGINNING OF THE PARCEL OF L C RUN S.00 °00'00 "E. FOR A DISTANCE OF 031 5� Oj A TANGENTIAL CIRCULAR CURVE, ON E T H T T ENCE RUN SOUTHWESTERLY, A ` ID � THE RIGHT, HAVING A RADIUS 0 6a, 5 FEET, THROU A , E L ANGLE OF 53 °26'21 ", SUBTENDED CHORD OF 60. E AQ A BEARING OF S.26 °43'11 "W., FOR A DIS OF 62.72 FEET END OF SAID CURVE; THENCE RUN N.44 052'20" STAB FEET TO A POINT ON THE BOUNDARY OF AN ACC$ IlAFE II 1 DESCRIBED IN OFFICIAL RECORDS BOOK 4226 AT PAGE 3569 O`I °Iii PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE TO THE EAST, FROM WHICH THE RADIUS POINT BEARS N.70 °43'13 "E., A DISTANCE OF 22.50 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 22.50 FEET, THROUGH A CENTRAL ANGLE OF 31 °11'49 ", SUBTENDED BY A CHORD OF 12.10 FEET AT A BEARING OF N.03 040'52 "W., FOR A DISTANCE OF 12.25 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 62.50 FEET, THROUGH A CENTRAL ANGLE OF 29 °44'59 ", SUBTENDED BY A CHORD OF 32.09 FEET AT A BEARING OF N.02 057'27 "W., FOR A DISTANCE OF 32.45 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 22.50 FEET, THROUGH A CENTRAL ANGLE OF 64 011'46 ", SUBTENDED BY A CHORD OF 23.91 FEET AT A BEARING OF N. 14015'56"E., FOR A DISTANCE OF 25.21 FEET TO THE END OF SAID CURVE; THENCE RUN N.4602 1'49"E., ALONG THE BOUNDARY OF 1 OF 4 Z:\PROJECTS\2000 \0023 BNDRY COMBINATION\LESS & EXCEPT PARCELS 1222 10\PARCEL 2 1222 10.doc OR 4677 PG 2053 SAID ACCESS EASEMENT, FOR A DISTANCE OF 18.57 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 185.50 FEET, THROUGH A CENTRAL ANGLE OF 19 °39'23 ", SUBTENDED BY A CHORD OF 63.33 FEET AT A BEARING OF N.56 °11'31 "E., FOR A DISTANCE OF 63.64 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.187 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUTY�, I LORID3A„ AS BEING NO2 °12'00 "4. THIS PROPERTY"IS`SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. °[ 12/22/10 STEPHEN -E. BERRY, STS BBLS SURVEYORS & A �P °ocoa rnn�c op SEE ATT FLORIDA, (LS d 1 CETCH - SHEET 0 4 2OF4 40F4 Z:\PROJECTS\2000 \0023 BNDRY COMBINATIOMLESS & EXCEPT PARCELS 12 22 IO\PARCEL 2 12 2210.doc OR 4677 PG 2054 KEY MAP �— VANDERBILT DRIVE (COUNTY ROAD 901) w z Ln SCALE IN FEET 0 200 400' P.O.C. SE COR SEC 20, TWP 48S, RNG 25E \N 00 RIGHT OF -WAY) I P. DIPS 1 t*'WLT CHANNEL VANDERB2T GULF AT VANDERBILT. GULF BREEZE AT VANDERBILT, SURF COLONY A CONDOMINIUM A CONDOMINIUM SECTION N PHASE If PHASE I i oU5 d' N NZ Z O= W In co x o w z 1 JIN N \1 2 r In N 0 ED lQ 3 I O O 0 j W LY Q. J LLJ J m BAYPOINT CONDO PHASE I & 2 WATERWAY NOTES LEGEND P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING 1.) BEARINGS ARE BASED ON THE SOUTH LINE SEC. SECTION OF THE SOUTHEAST QUARTER OF SECTION 20, TWP. TOWNSHIP TOWNSHIP 45 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING (N.89. 52'20 -W.) RNG. RANGE O.R. OFFICIAL RECORDS BOOK 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, PG. PAGE RESERVATIONS OR RESTRICTIONS OF RECORD. N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM 3.) DIMENSIONS SHOWN HEREON ARE IN FEET A.E. ACCESS EASEMENT AND DECIMALS THEREOF. USE PROPERTY PARCEL 2 (SEE SHEET 4 OF 4) s N O O 0 N N SHEET OF N DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,Zizzi,D USE PROPERTY PARCEL 2 BBLS SURVEYORS & DRAWN BY: MAPPERS INC. BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM 1• a 430• COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2055 _ (I00' RIGHT -OF -WAY) VANDERBILT DRIVE (COUNTY ROAD 901) _ . , . _ . NO2'12'00 "W 886.34' P.O,C. J EAST LINE OF THE SE 1/4 OF SE CCR SEC 20, SEC. 20, TWP. 48S., RNG. 25E. N N TWP 48S, RNG 25E I I I S87.48.00 "W 855.40' C W A / o o NOTES P 3 'o 1.) BEARINGS ARE BASED ON THE EAST LINE OF THE W n SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, a BEING (N.02'11'59•W.) z u 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, O O a RESERVATIONS OR RESTRICTIONS OF RECORD. W 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. SCALE IN FEET o LEGEND P.O.C. POINT OF COMMENCEMENT o 15' 30' P.O.B. POINT OF BEGINNING SEC. SECTION CURVE TABLE n TWP. TOWNSHIP CURVE RADIUS DELTA CHORD CHORD BEARING LENGTH o 0 RG OFFICIAL RECORDS BOOK C1 67.25 5326'21° 60.47 52643'11'W 62.72 g PG. PAGE C2 22.50 3111'49" 12.10 NO3'40'52 "W 12.25 A.E. ACCESS EASEMENT C3 62.50 29'44'59" 32.09 N0257'27 "W 32.45 k C4 22.50 64'11'46" 23.91 N14'15'56 "E 25.21 E C5 185.50 19'39'23' 63.33 N5611'31 "E 63.64 9 SHEET 4 OF 4 " DAT$ ,222/,0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 2 DBAflN BY: MAPPERS INC. B�° A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM, ,• - 30' COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2056 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION USE PROPERTY PARCEL 3 A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST QF THE SOUTHEAST QUARTER OF SECTION 20, TOWNS 9 NI° AST; THENCE RUN N.02° 12'00 "W., ALONG THLINE OF TIIEAST QUARTER OF SAID SECTION 20, FOR, ' ANCE OF 931.19 F ENCE RUN S.87 °48'00 "W., A DISTANC 0 12.04 FE£ = Q THE O* T OF BEGINNING OF THE PARCEL OF LXN E RIBE Ct RUN S.14 °38'10 "W. FOR A DISTANCE OF 0.5 'F I CL LAR CURVE, CONCAVE TO THE S UT F C I P INT BEARS S.14 050'27 "W., A DIST 8 HE ('THENCE RUN WESTERLY, ALONG T C OF SAID CU To Tom, EFT, HAVING A RADIUS OF 389.50 FEE OUGH A CEN OF 30 °34'55 ", SUBTENDED BY A CHO O 05.44 FEET AT A G OF S.89 033'00 "W., FOR A DISTANCE OF 207.9 I 'I�TQTHE.. F REVERSE CURVE; THENCE RUN WESTERLY, AbW(l 'f kXW, 3`AID CURVE TO THE RIGHT, HAVING A RADIUS OF 22.50 FEET, SOUGH A CENTRAL ANGLE OF 56 °26'09 ", SUBTENDED BY A CHORD OF 21.28 FEET AT A BEARING OF N.77 031'23 "W., FOR A DISTANCE OF 22.16 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTH, OF WHICH THE RADIUS POINT BEARS S.18 °25'47 "E., A DISTANCE OF 400.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 33 °16'12 ", SUBTENDED BY A CHORD OF 228.97 FEET AT A BEARING OFN.88 °12'19 "E., FOR A DISTANCE OF 232.22 FEET THE POINT OF BEGINNING. PARCEL CONTAINS 0.054 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING NO2 °12'00 "W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. I OF 4 Z:\PROJECTS\200010023 BNDRY COMBINATIOMLESS & EXCEPT PARCELS 12 22 101PARCEL 3 12 2210.doc OR 4677 PG 2057 . tj� L "N 70 12/22/10 STEPHEN E. BERRY, STATE OF FLORIDA, (LS #5296) BBLS,SURVtE,YOR:5-& MAPPERS INC., (LB #6753) 116 6 ......... . 5 - Joe 4% SEE ATTACHED SKETCH — SHEETS 3 OF 4 THROUGH 4 OF 4 R- C 0 \,v PKII&I Z:\PROJECTS\200010023 BNDRY COMBINATIOMLESS & EXCEPT PARCELS 12 22 10\PARCEL 3 12 22 10.doc OR 4677 PG 2058 KEY MAP --- VANDERBILT DRIVE (COUNTY ROAD 901) P.O.C. SE COR SEC 20, TWP 48S, RNG 2 00' RIGHT OF -WAY) _ L 0 W to -It N 2 V)M W - - 'o 0 a od z� J 0 N Ls } O tn N Q 3 I 0 O r U ly O O) j W Q. J J 111 �I J m SCALE IN FEET 0 200' 400' w g N v_ N O 0 0 N N SHEET3 OF4 N DATE 12i22i10 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 3 DRAWN BY: MAPPERS INC. BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALE 1. = 400 COLLIER COUNTY, FLORIDA (239) 597 -1315 LEGEND NOTES P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING 1.) BEARINGS ARE BASED ON THE SOUTH LINE SEC. SECTION OF THE SOUTHEAST QUARTER OF SECTION 20, TWP, TOWNSHIP TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER -W.) RNG. RANGE COUNTY, FLORIDA, BEING (N.89'52'20 O.R. OFFICIAL RECORDS BOOK 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, PG. PAGE RESERVATIONS OR RESTRICTIONS OF RECORD. N. G. V. D. NATIONAL GEODETIC VERTICAL DATUM A.E. ACCESS EASEMENT 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. USE PROPERTY PARCEL 3 (SEE SHEET 4 OF 4) w g N v_ N O 0 0 N N SHEET3 OF4 N DATE 12i22i10 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 3 DRAWN BY: MAPPERS INC. BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALE 1. = 400 COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2059 w D4 z 3 SCALE IN FEET 0 loo' 200' EAST LINE, SE 1/4 SEC 20, TWP 48S, RNG 25E P.O.C. SE COR, SE 1/4 SEC 20, TWP 485, RNG 25E \ N LINE TABLE LINE BEARING LENGTH L1 S14'38'10 "W 10.49 1.) BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING (N.89' 52'20 "W.) 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. SHEET 4 OF 4 DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,ZiZZi,D BBLS SURVEYORS & DRAWN BY. USE PROPERTY PARCEL 3 MAPPERS INC. BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM ,- - 200 • COLLIER COUNTY, FLORIDA (239) 597 -1315 N Z a N N a_ N O O 0 N N N CURVE TABLE LEGEND P.O.C. POINT OF COMMENCEMENT P.O-B. POINT OF BEGINNING CURVE RADIUS LENGTH DELTA CHORD CHORD BEARING SEC. SECTION Cl 389.50' 207.90' 30'34'55" 205.44' 589'33'00 "W TWP. TOWNSHIP C2 22.50' 22.16' 56'26'09" 21.28' N77'31'23 "W RNG. O.R. RANGE OFFICIAL RECORDS BOOK C3 400.00' 232.22' 3316'12" 228.97' N88'12'19 "E PG. PAGE A.E. ACCESS EASEMENT SHEET 4 OF 4 DATE: SKETCH TO ACCOMPANY LEGAL DESCRIPTION ,ZiZZi,D BBLS SURVEYORS & DRAWN BY. USE PROPERTY PARCEL 3 MAPPERS INC. BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED: SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM ,- - 200 • COLLIER COUNTY, FLORIDA (239) 597 -1315 N Z a N N a_ N O O 0 N N N OR 4677 PG 2060 S¢`rreo�3r- OR 4677 PG 2061 EXHIBIT "D" USE AGREEMENT R Cc OR 4677 PG 2062 Prepared by and return to: G. Helen Athan, Esq. Attorney at Law Grant, Fridkin, Pearson, Athan & Crown, P.A. 5551 Ridgewood Drive, Suite 501 Naples, FL 34108 239 - 514 -1000 USE AND TEMPORARY EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS PROPERTY OWNERS ASSOCIATION, INC., a ( "Association "), whose address is 280 G a , s ONE DOLLAR ($1.00) and of 403" acknowledged, does hereby grai}t DERBILT �'A partnership ( "Developer "), who e a ress is 11125 Gulf Shy a temporary easement, in acco d e ` the terms in; Association situated in the ou y of t more particularly described n E i a to that THE DUNES OF NAPLES Florida not - for - profit corporation FL 34110, in consideration of the sum tt-on, receipt of which is hereby [RS II, LTD, a Florida limited Delve, Suite 308, Naples FL 34108, Ov , u�on and across the lands of the Flo ida� "Use Property"), and being �C LS``�i A. The Associatio e record title owX ¢f t1 "? se Property. The Developer wishes to construct a marina an `rb walk ( "collective " xle` mprovements") on the Westerly portion of the Dunes project, as de p' dra Jd hereto as Exhibit B (the "Dock Property") which is owned by the De'Ir(1 a Developer by the State of Florida under a sovereignty submerged lands lease. e Property and the Dock Property are located in a community known as the "Dunes" and the Association operates and manages the common areas of the Dunes. B. The Developer has agreed to complete a cul -de -sac and to expand a lake as depicted on Exhibit C attached hereto (collectively, the "Land Development") on certain real property owned by the Association. C. Developer has requested, and the Association has agreed to grant to Developer, a temporary easement over, upon and across the Use Property (and any improvements located thereon) for the specific and limited purposes hereinafter set forth. D. The De eloper and the Association are also parties to that certain Settlement Agreement dated PR-IL ?-P , 2011 (the "Settlement Agreement "), which Settlement Agreement sets forth certain rights and obligations of the Developer and the Association with respect to the Improvements, the Land Development and the Use Property. The Settlement Agreement is incorporated herein by reference. OR 4677 PG 2063 NOW THEREFORE, for good and valuable consideration and in consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows: The above Recitals are true and correct and are hereby incorporated by reference herein. 2. The Association hereby grants to the Developer, its agents, employees, contractors, sub - contractors, laborers, and invitees an exclusive (subject to Section 6 below), temporary easement over, upon and across the Use Property solely for use by Developer as a staging area for materials and equipment for construction of the Improvements and the Land Development during the period between May 1 and December 31 of the year in which the Developer commences actual construction of the Improvements and/or the Land Development, as applicable; provided, however, that the Developer hereby agrees that it shall not, and shall not permit others to, stage materials or equipment or park vehicles o .car: se Property in such a way as to interfere with or impede vehicular or pede i Dunes project. Once the Land Development is completed, the U rty Parcel ed and depicted on a portion of Exhibit A attached hereto, will of sed for construction o the arina, including any staging of materials, equipment or dred d at ((.� uc The ve per shall, at its sole cost, be responsible for all fencing an sec 't for t ro a and l in terials and equipment stored thereon and for cleaning an re o a b h iom the Use Property on a frequent basis. The Develo er s al w it ci i t en ure that any and all fencing, security, and staging and s r e , equ n I the Use Property shall be undertaken in such a way as nimize any negati imp ct d �thetics and otherwise) to the overall Dunes project.I In the event the Developer in lete t ements on or before December 31, 2013, the date the Developer is to to evelopment, as provided for in the Settlement Agreement, the Developer shall nom' }onge e permitted to use that portion of the Use Property comprising the cul -de -sac area, as the cul -de -sac area is more particularly described and depicted on Exhibit D attached hereto (i.e. Use Property Parcel 1). At such time as the Developer has completed the cul -de -sac or December 31, 2013, the Association hereby grants the Developer use of that portion of the parking area adjacent to the Plantation Club (the "Parking Area "), as more particularly depicted on Exhibit E attached hereto. At such time, the Parking Area shall become a part of the Use Property available to the Developer for the purposes set forth herein. 3. This Use and Temporary Easement Agreement shall automatically terminate on the date that is the later date on which the Improvements and the Land Development are completed, as evidenced by a certificate of completion issued by the applicable governmental agency. Upon tenmination of this Use and Temporary Easement Agreement as stated in the preceding sentence of this Section 3, the Developer shall repair, restore and/or replace, at its sole cost, the Use Property, including, but not limited to, all improvements and vegetation and damage to hard surface parking lots and roadways, to its pre -Use and Temporary Easement Agreement condition within thirty (30) days. Further, upon termination of this Use and Temporary Easement Agreement as stated above, the Developer shall prepare and execute, in recordable form, a Notice of Termination of this Use and Temporary Easement Agreement. In the event that the Developer fails to prepare, execute OR 4677 PG 2064 and record the Notice of Termination within ten (10) days after the request for the same by the Association, then the Association shall have the right to prepare, execute on behalf of the Developer, and record the Notice of Termination. Notwithstanding the foregoing, in the event that the Developer or any of its agents, employees, contractors, sub - contractors, laborers or invitees fails to comply with its obligations or the provisions under this Use and Temporary Easement Agreement, and such action or inaction is not cured within ten (10) days after written notice of the same from the Association, then the Association shall have the right to terminate this Use and Temporary Easement Agreement; provided, however, if such action or inaction cannot be cured within such ten (10) day period, then as long as Developer is diligently pursuing such a cure, the Developer shall have such time as is necessary to effectuate such a cure, but in no event shall such cure period exceed sixty (60) days from the date of the written notice from the Association as required above. 4. Any notices given by either party to the other shall be hand delivered, or sent by ordinary mail, to the addresses shown abovr - - -- -_- R C 5. This Use and Tem �efiticf ement Agr all run with the land during the terms hereof and shall inure to e the parties he to, eir successors and/or assigns; provided, however, that* any pe i dR assigeaj„ f thi Us and Temporary Easement Agreement by Developer to thi sLrelie the ve per of its obligations under this Use and Temporary Eas a 6. The parties re he s the exclusive nature of the easement herein is for the sa persons which wo dot a ave ingress and egress over the Use Property and for the ty of any equip d ials which may be stored or maintained on the Use Prope a parties agree th tle' asement herein shall only be exclusive as long as constructio Improve or the Land Development has commenced, as evidenced by a no ti op}tiirei4ie eing filed in the public records of Collier County, Florida, and until its compTetirnr -=io`r to commencement of construction of the Improvements and/or the Land Development, such easement shall be non - exclusive. The intent of this provision is to ensure that the easement is exclusive to the Developer only during those periods when construction activities are on- going. 7. The Developer assumes full responsibility for, and agrees to indemnify and hold the Association harmless from and against, the payment and satisfaction of any and all liens against the Use Property arising from the Developer's activities or use of the Use Property. If any such lien attaches to, or a claim of lien is made against, the Use Property by reason of the Developer's actions or inactions, or the actions or inactions of the Developer's agents, employees, contractors, sub - contractors, laborers or invitees, and said lien or claim of lien is not released by payment, insured by bond or by any other means employed to ensure that said lien will be paid if it is ultimately determined to be required to be paid, such as, without limitation, an escrow or a letter of credit, within ten (10) days after notice thereof to the Developer, the Association shall have the right to terminate this Use and Temporary Easement Agreement. This Section 7 shall survive the termination of this Use and Temporary Easement Agreement. 8. The Developer hereby indemnifies and holds the Association harmless from and OR 4677 PG 2065 against any and all claims, liens, actions, causes of action, losses, damages, injuries, liabilities, costs and expenses, including, without limitation, attorneys' fees (whether incurred before, during or after trial, or at any appellate level), arising from the Developer's use of the Use Property or from the exercise of the Developer's rights under this Use and Temporary Easement Agreement. This Section 8 shall survive the termination of this Use and Temporary Easement Agreement. 9. From the date the construction of the Improvements and/or Land Development begins and continuing until completion of the Improvements and/or Land Development, as applicable, as evidenced by a certificate of completion or its equivalent issued by the applicable governmental agency, the Developer shall maintain, at its sole cost, public liability insurance covering the Use Property for the protection of the Association and the Developer and its contractors, sub - contractors, laborers and invitees with limits of not less than $1,000,000.00 for death and injury to any one person, $2,000,000.00 for death or injury to more than one person, $1,000,000.00 for Use Property damage, and $5,000,000.00 umbrella coverage. The intent of the foregoing sentence is for the Developer to b® p IQ insure the Use Property at such times as the Developer is actively using the r r nd construction purposes and at no other times. The Developer shall e Ass ociation2yned an additional insured on said policies via an endorsement. a eloper shall promptly, t ten (10) calendar days hereof, provide the Association with sAiid d err-. — hon, t e D veloper shall, and shall cause each of its contractors, sub -c tr tors lab d inv ees, to aii tain workers' compensation insurance with no less than t in* 1 11 r r 1 d e ployer's liability insurance with such limits as required y 1 . n e t el a fa 1 t comply with this Section 9 and such failure continues fa ta' a n n . o h failure by the Association to the Developer, the Associ has the right to to inat t e and Temporary Easement Agreement. The intent of this ion is to obligat 7 e er to maintain public liability insurance covering the Use Pro` art nd the Developer ties on the Use Property only during those periods in time that th r is usin roperty pursuant to the terms and conditions of this Use and Temporary et Sgt: [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGES TO FOLLOW.] OR 4677 PG 2066 A W WITNESS WHEREOF, the parties executed this Agreement on this � 0 day of /'df-2tL�- ,2011. Signed, sealed and delivered in the presence of witnes MI R .-,I. f&urza " . Printed Name of Witness HI VANDERBILT PARTNERS II, LTD., a Florida limited partnership By: CG &S INVESTO)tS, INC., a Michigan corporation, as Ole generalpartnel,— LIN .'- >-, A as STATE OF FLORIDA ( )41 � COUNTY OF COLLIER }. I HEREBY CERTIF the foregoing instne t a knowledged before me this 2.Q day of , 2011, by KeR-�/ , as Vice President of CG &S INVESTORS, INC., a Michig oration, as so] gge a] partner of VANDERBILT PARTNERS II, LTD., a Florida l> of the corporation and limited partnership, who is personally known to C 1 C� Notary Public eon o I S- La.-) C' Printed Name of Notary Public My Commission Expires: COMELM s� MYCOMISSIONiDD979911 EXPIRES: August 6,2014 . pr bonded Ttw Notay PdW UtMnwrltets OR 4677 PG 2067 Signed, sealed and delivered in the presence of: Witne s #I Printed Name of Witness 41 Wifril5ss #2 Printed Name of W itness 42 STATE OF COUNTY OF C10\\% THE DUNES OF NAPLES PROPERTY OWNERS ASSOCIATION, INC., a Florida not - for - profit corporation By:-Q r' as Pr@side,.� f R . C f (Corporate Seal) I HEREBY CERTIFY that., oing inst _ ` as acknowledged before me this day of �pr1 `�� i, 1z 1 as y-en-, d 6 of S OF NAPLES PROPERTY OWNERS ASSOCIATION, INC., a Florida not - for - profit corporation, who is personally known to me or produced as identification. Notary Public Q�1vin %:F-- Printed Name of Notary Public My Commission Expires: CONNIE COMMISSION # DD 79911 EXPIRES: Aube, 92014 gentled TIw Ne1ary Pebk Undetwtllete OR 4677 PG 2068 LIST OF EXHIBITS A. Legal Description of the Use Property B. Drawing Depicting the Dock Property C. Copy of the Site Development Plan Depicting the Land Development D. Depiction of the Cul -de -sac Area (Use Property Parcel 1) E. Depiction of the Parking Area (ACD1. i ° OR 4677 PG 2069 EXHIBIT A LEGAL DESCRIPTION OF THE USE PROPERTY - R c at OR 4677 PG 2070 BBLS SURVEYORS & MAPPERS INC. 1502 —A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION USE PROPERTY PARCEL 1 A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST- OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP EAST; THENCE RUN N.89 °52'20 "W, ALONG LINE 0 UTHEAST QUARTER OF SAID SECTION 20, FOR 'ANCE OF 740.29 T; CE RUN N 00 °07 °40 "E., A DIST C A P N THE NORTHERLY RIGHT=OF —WAY L OF B A A 90 O T RIGHT —OF —WAY) AND THE POINT OF E FD HEREIN DESCRIBED; THENC R N. ° 2' 0 S RIGHT —OF —WAY LINE, FOR A DISTANCE O N.0 5 FORA DISTANCE OF 50.00 FEET; THENCE 5.89 °53'05 "E FO DI T OF 154.30 FEET TO A POINT ON THE BO ' OF DUNES OF CONDOMINIUM, AS RECORDED IN OFFIC ORDS BOOK 27 GE 3078; OF THE PUBLIC RECORDS OF CO a UNTYT, THENCE RUN . -- _IiTCT`A"t7C'F.Y7F- 2CTC,'4�l FF.F.T; THF.1V�'F� -TT A. T- �g��y��'�+02 ", tE- ��v�^?$ �TgDI4` i' �1' tc]` �C�TEn- OT�F---------------- - - - - -- 258 21 FEET TO A POINT GIN THE BOUT t17t22"c�-yt'-[7E7�i GR -&Y-� A�z rTBE DLI ES, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 2895, AT PAGE 447; OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.05 007'42 "E, ALONG THE BOUNDARY OF SAID SEA GROVE AT THE DUNES, FOR A DISTANCE OF 196.82 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.79 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEINGN89 °52'20 "W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS- OF RECORD. 1 OF 4 Z:\PROJECTS\2000 \0023 BNDRY COMBINATION\LESS & EXCEPT PARCELS 12 2210\PARCEL 1 12 2210.doc OR 4677 PG 2071 12/22/10 STEPHEN E. BF-PRY,. STATE OF FLORIDA, (LS 95296) , i ; 11 . j3BLS,SUM,VEX,oR§"& MAPPERS INC., (LB #6753) SEE ATTACHED SKETCH - SHEET 3 OF 4 THROUGH 4 OF 4 C. "IN 2 OF 4 Z-\PROJECTS\2000\0023 BNDRY COMBINATIMLESS & EXCEPT PARCELS 12 22 IONPARCEL 1 12 22 10.doc OR 4677 PG 2072 KEY MAP �-- VANDERBILT DRIVE (COUNTY ROAD 901) vl 0 c E �A 6�' s t N S Q 0 15) w SCALE IN FEET uE - 0.._. -.._ 200._ - -400' ____.__— SECTION NI NOTES 1.) BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4B SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, BEING (N.89-52'2D "W.) 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. P.O.C. SE COR SEC 20, co TWP 48S, RNG 25E N N RIGHT- OF- VIA Y) _ N N wun.i wuwi "?T LT CHANNEL PHASE PHASE °ATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 'Zi2Zi1° BRAWN BY: USE PROPERTY PARCEL i BUD A PORTION OF SECTION 20 nrPRDVLT,. SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, SCALE: 1. _ 400, COLLIER COUNTY, FLORIDA ow n \N z LnX w �m Oa z�E n c3 J 0 N N N N Q I 0 0 x CC 0 m W o j a J N n m v N 0 N SHEET 3 OF 4 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAIL HEAD BLVD. NAPLES, FLORIDA 3411 (239) 597 -1315 w J U 0 F a m 0 U 0 m N O i 0 N L) Lq 0 a a WATERWAT \ BAKER - CARROLL POINTE PLAT BOOK 8, PAGE 42 LEGEND P.0 C. POINT OF COMMENCEMENT P.0 B. POINT OF BEGINNING SEC. SECTION TWP. TOWNSHIP RNG. RANGE O.R. OFFICIAL RECORDS BOOK PG. PAGE N. G. V. D. NATIONAL GEODETIC VERTICAL DATUM A.E. ACCESS EASEMENT USE PROPERTY PARCEL 1 (SEE SHEET 4 OF 4) °ATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 'Zi2Zi1° BRAWN BY: USE PROPERTY PARCEL i BUD A PORTION OF SECTION 20 nrPRDVLT,. SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, SCALE: 1. _ 400, COLLIER COUNTY, FLORIDA ow n \N z LnX w �m Oa z�E n c3 J 0 N N N N Q I 0 0 x CC 0 m W o j a J N n m v N 0 N SHEET 3 OF 4 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAIL HEAD BLVD. NAPLES, FLORIDA 3411 (239) 597 -1315 w J U 0 F a m 0 U 0 m N O i 0 N L) Lq 0 a a OR 4677 PG 2073 II N N P.O.C. N N SE COR SEC 20, TWP 48S, RNG 25E 3 SEA GROVE O \AT THE DUNES N N - O.R. 2895, NI o PAGE 447 10 n m W Z' 1 505.07.4 L2 4 4 f ni 196.82' z N co P 0. B. D N m Lo W b SCALE IN FEET cli N tn 0 100' 200' m rn 0 L b- 00, 0 I `N N V) / S �I ARE BASED ON THE SOUTH LINE �� A E L' AST QUARTER OF SECTION E J THE DUNES OF TO TH. RANGE 25 EAST. COLDER \ NAPLES 1, A CD ' COUNTY, FLT A. BEING (N.89-52'20 "W.) CONDOMINIUM Z O.R. 2777, ,� z 2) THIS PRO RTYSUBJECT TO EASEMENTS, PAGE 3078 < +mot VATIONS RE TRICTIONS OF RECORD. o.�ci 1 IM 0 o?HEREON ARE IN FEET O � qI U a n Z P.O.C. T OF COMMENCEMENT P.O.B. 4.�POINT OF BEGINNING ° Q € .., `lam SECTION y v .. - TONNSHIP .i[+�. -- RANGE- _ — — -- – - -- - -- -- -- - _ - . ^F-EICIAL– RECORI)S -800K 9 PG. PAGE m N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM n A. E. ACCESS EASEMENT g LINE TABLE m LINE BEARING DISTANCE Lt NOO'04'52 "W 50.00 ° L2 N00'D7'40 'E 90.00' m L3 S89'53'05 "E 154.30' g i i BAKER- CARROLL POINTE PLAT BOOK 8, PACE 42 rc g SHEET 4 OF 4 a DAM SKETCH TO ACCOMPANY LEGAL DESCRIPTION Lz�z2�<o BBLS SURVEYORS & DRAWN BY USE PROPERTY PARCEL 1 MAPPERS INC. BJD A PORTION OF SECTION 20 1502-A RAIL HEAD BLVD. '�0`�°' see TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM 1• _ 20C COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2074 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION USE PROPERTY PARCEL 2 A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAB' F THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP; ST; THENCE RUN N.02° 12'00 "W., ALONG T T LINE OF THE AST QUARTER OF SAID SECTION 20, FORK D OF 886.34 FE ; T�ENCE RUN S.87 048'00 "W., A DIST C 09 40- S _ THE POfNT OF BEGINNING OF THE PARCEL OF L Cl RUN S.00 °00'00 "E. FOR A DISTANCE OF�'lOn*3 5 E OT TH T� ENC RUN TANGENTIAL CIRCULAR CURVE, t'' SOUTHWESTERLY, SRC 0 D THE RIGHT, HAVING A RADIUS 0 t 5 FEET, THROUG� ETA L ANGLE OF 53026'21", SUBTENDED CHORD OF 60.41` ,'F' IA BEARING OF S.26 °43'11 "W., FOR A DIS "F 62.72 FEET END OF SAID CURVE; THENCE RUN N.44052'20" „ FAPd Q , 00 FEET TO A POINT ON THE BOUNDARY OF AN ACCE _a.. DESCRIBED IN OFFICIAL RECORDS BOOK 4226 AT PAGE 3569 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE TO THE EAST, FROM WHICH THE RADIUS POINT BEARS N.70 °43'13 "E., A DISTANCE OF 22.50 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 22.50 FEET, THROUGH A CENTRAL ANGLE OF 31 011'49 ", SUBTENDED BY A CHORD OF 12.10 FEET AT A BEARING OF N.03 040'52 "W., FOR A DISTANCE OF 12.25 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 62.50 FEET, THROUGH A CENTRAL ANGLE OF 29 °44'59 ", SUBTENDED BY A CHORD OF 32.09 FEET AT A BEARING OF N.02 °57'27 "W., FOR A DISTANCE OF 32.45 FEET TO A POINT OF REVERSE CURVE; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 22.50 FEET, THROUGH A CENTRAL ANGLE OF 64011'46", SUBTENDED BY A CHORD OF 23.91 FEET AT A BEARING OF N. 14015'56"E., FOR A DISTANCE OF 25.21 FEET TO THE END OF SAID CURVE; THENCE RUN N.46 °21'49 "E., ALONG THE BOUNDARY OF 1 OF 4 Z.VROJECTS\2000023 BNDRY COMBINATIMLESS & EXCEPT PARCELS 12 22101PARCEL 212 2210.doc OR 4677 PG 2075 SAID ACCESS EASEMENT, FOR A DISTANCE OF 18.57 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT AND THE BOUNDARY OF SAID ACCESS EASEMENT, HAVING A RADIUS OF 185.50 FEET, THROUGH A CENTRAL ANGLE OF 19 °39 -23 ", SUBTENDED BY A CHORD OF 63.33 FEET AT A BEARING OF N.56 °11'31 "E., FOR A DISTANCE OF 63.64 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 0.187 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING NO2 °12'00 "4. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. C 0 12/22/10 STEPHEN E. BERRY, ST TE EL DA, (LS #529 BBLS SURVEYORS & 1��tAP C^ 4 SEE ATTAC TCH -SHEET UGH 4 OF 4 2OF4 Z:\PRO.IECTS\200010023 BNDRY CONIBINATIONILESS & EXCEPT PARCELS 1222 10\PARCEL 2 1222 10.doc OR 4677 PG 2076 KEY MAP I.--- VANDERBILT DRIVE (COUNTY ROAD 901) RIGHT -OF'-WAY) P.O.C. SE COR SEC 20, TWP 48S, RNG 25E P • L - 'C. ow cli �m a C) n: z P.O.B. 1 ml JN vvi vwi �• _ t } • _ _- i � i Inn =�•n � "` /[+'' ---- 11111 _ \ -•'p '• II':]' Lu FIELD O 4 J HIGH W R N m tli. ELEV 1.40' g N.C.V. 192 � a m SCALE IN FEET SUB } __ -, -• "` . ° _ LAND l EE t p) }r-, i/'., { {+��-6q, -VA`I�ILT CHANNEL N 0 200' 400' N II.-D-1119ILT CULT BREEZEAT VANDERBILT, GULF BREEZE AT VAN� A CONDOMINIUM A CONDDMINIUM PHASE 1& 2 ECDON OI PHASE lI PHASE I °. 0 WATERWAY N N_ N J W U LEGEND NOTES P.O .C. POINT OF COMMENCEMENT u P.O .B. POINT OF BEGINNING i 1.) BEARINGS ARE BASED ON THE SOUTH LINE SEC. SECTION s OF THE SOUTHEAST QUARTER OF SECTION 20, TWP. TOWNSHIP ° TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ` COUNTY, FLORIDA, BEING (N.89'52'20 "W.) RNG. RANGE E O.R. OFFICIAL RECORDS BOOK 00 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, PG. PAGE RESERVATIONS DR RESTRICTIONS OF RECORD. N.G.V_D. NATIONAL GEODETIC VERTICAL DATUM a 3.) DIMENSIONS SHOWN HEREON ARE IN FEET A. E. ACCESS EASEMENT 2 AND DECIMALS THEREOF. i USE PROPERTY PARCEL 2 ^ (SEE SHEET 4 OF 4) 2 i SHEET 3 OF 4 a DATE 12i22i10 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 2 MAPPERS INC. DRAWN BY: BUD A PORTION OF SECTION 20 1502 -A RAIL HEAD BLVD. APPROVED , , TOWNSHIP 48 SOUTH RANGE 25 EAST SE8 T NAPLES, FLORIDA 3411 SCALE 1" a 400' COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2077 (100- RIGHT-OF-WAY) VANDERBILT DRIVE (COUNTY ROAD 901) . . . . . . N—DT�loollw 886.34' C'N N P.O.C. EAST LINE OF THE SE 1/4 OF SE CDR SEC 20, r SEC. 20, TWP. 48S., RNG. 25E. TWP 48S, RNG 25E 87*48'00"W 855.40' X P. O'g. S00'00'00"E 10 5 A.E. O.R. 4226, /, PG 3569 C X NOTES 1.) BEARINGS ARE BASED ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4B SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING (N.02-11-59-W.) ul 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. IP 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. 5 SCALE IN FEET LEGEND 0 30, P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING SEC. SECTION CURVE TABLE TWP. TOWNSHIP CURVE RADIUS DELTA CHORD CHORD BEARING LENGTH RNG. RANGE Cl 67.25 5376'21* 60.47 S26*43'11"W 62.72 O.R. OFFICIAL RECORDS BOOK PG. PAGE C2 22.50 3111'49' 12-10 NO3'40'52*W 12.25 > A.E. ACCESS EASEMENT C3 62.50 29*44'59* 32.09 H02*57'27"W 32.45 C4 X 22.50 6411'46* 23.91 N14'15'55'E 25.21 2 C5 185-50 19*39'23* 63.33 N5611'31"E 63.64 9 SHEET 4 OF 4 DATE 12/22110 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & DRAWN BY. BUD USE PROPERTY PARCEL 2 MAPPERS INC. APPROVED: A PORTION OF SECTION 20 1502-A RAIL HEAD BLVD. SES TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM i' - 30• COLLIER COUNTY, FLORIDA (239) 597-1315 OR 4677 PG 2078 BBLS SURVEYORS & MAPPERS INC. 1502 -A RAILHEAD BLVD. NAPLES, FLORIDA 34110 TELEPHONE: (239) 597 -1315 FAX: (239) 597 -5207 LEGAL DESCRIPTION USE PROPERTY PARCEL 3 A PORTION OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST_ BR-OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP °5 .BAST; THENCE RUN N.02 °12'00 "W., ALONG THE II LINE OF TI AST QUARTER OF SAID SECTION 20, FOR ANCE OF 931.19 F T�NCE RUN S.87 048'00 "W., A DIST Co .0 FEAT S T O'INT OF BEGINNING OF THE PARCEL OF LAND RIB Ct RUN S.14 °38'10 "W. FORA DISTANCE OF X10. F COLAR CURVE, CONCAVE TO THE SOU F I H OINT BEARS S.14 °50'27 "W., A DIST THENCE RUN WESTERLY, ALONG C OF SAID C E T ,EFT, HAVING A RADIUS OF 389.50 FE OUGH A CEN OF 30 °34'55 ", SUBTENDED BY A CHO 05.44 FEET AT G OF S.89 033'00 "W., FOR A DISTANCE OF 207.9 I Q_THE A F REVERSE CURVE; THENCE RUN WESTERLY, A C# HAVING A RADIUS OF 22.50 FEET, --ffi QUbH A CENTRAL ANGLE O RIGHT, 56 026'09 ", SUBTENDED BY A CHORD OF 21.28 FEET AT A BEARING OF N.77-3 1'23"W., FOR A DISTANCE OF 22.16 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTH, OF WHICH THE RADIUS POINT BEARS S.18 °25'47 "E., A DISTANCE OF 400.00 FEET THEREFROM; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 33 °16'12 ", SUBTENDED BY A CHORD OF 228.97 FEET AT A BEARING OF N.88 °12'19 "E., FOR A DISTANCE OF 232.22 FEET THE POINT OF BEGINNING. PARCEL CONTAINS 0.054 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING NO2 °12'00 "W. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 1 OF 4 Z.\PROJECTS\2000 \0023 BNDRY COMBINATIONILESS & EXCEPT PARCELS 12 2210TARCEL 3 12 2210.doc OR 4677 PG 2079 12/22/10 STEPHEN E. BERRY, STATE OF FLORIDA, (LS #5296) BBLS SURVEYORS & MAPPERS INC., (LB #6753) SEE ATTACHED SKETCH - SHEETS 3 OF 4 THROUGH 4 OF 4 IRCO r L lIIv'' C:IR�� 2OF4 Z:\PROJECTS\2000 \0023 BNDRY CONSINATION\LESS & EXCEPT PARCELS 12 2210\PARCEL 3 12 2210.doc OR 4677 PG 2080 KEY MAP }-- VANDERBILT DRIVE (COUNTY ROAD 901) E O 4 N S p W SCALE IN FEET 0 200' 400' MIAMI,. A C [�&cl P.O.C. SE COR SEC 20, TWP 49S, RNG 25E \�^ N — RIGHT i 1 -1 1 Y)-' - I -9 I — _ — N P.O.B. 1.40' 197 U � AsE p r -r` } W4lII�,A�RBILT CHANNEL ✓ANOERBILT GUULLrOREEZEAT✓ANDERBILT, DVLF BR£EZEAT VANDERBILT, B,gypWM CONDO SVRF COLONY A CONDOMINIUM A CONDOLIIN, PH45£ 1&2 SECTION RI PHASE 0 PHASE! WATERWAY LEGEND NOTES P.O.C. POINT OF COMMENCEMENT r P.O.B. POINT OF BEGINNING 1.) BEARINGS ARE BASED ON THE SOUTH LINE SEC. SECTION OF THE SOUTHEAST QUARTER OF SECTION 20, TWP. TOWNSHIP TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER °W.) RNG. RANGE 9 -fflI O.R. OFFICIAL RECORDS BOOK 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, PG. PAGE RESERVATIONS OR RESTRICTIONS OF RECORD. N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM 3.) DIMENSIONS SHOWN HEREON ARE IN FEET A.E. ACCESS EASEMENT AND DECIMALS THEREOF. r 1 �1 U � AsE p r -r` } W4lII�,A�RBILT CHANNEL ✓ANOERBILT GUULLrOREEZEAT✓ANDERBILT, DVLF BR£EZEAT VANDERBILT, B,gypWM CONDO SVRF COLONY A CONDOMINIUM A CONDOLIIN, PH45£ 1&2 SECTION RI PHASE 0 PHASE! WATERWAY N W N N a 0 0 N N USE PROPERTY j PARCEL 3 (SEE SHEET 4 OF 4) o 9 SHEET OF a DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1ziz2ilo BBLS SURVEYORS & DRAWN B USE PROPERTY PARCEL 3 Y MAPPERS INC. BUD A PORTION OF SECTION 20 1502 —A RAIL HEAD BLVD. APPROVED. SE9 TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAL& 1° - 400 COLLIER COUNTY, FLORIDA (239) 597 -1315 LEGEND NOTES P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING 1.) BEARINGS ARE BASED ON THE SOUTH LINE SEC. SECTION OF THE SOUTHEAST QUARTER OF SECTION 20, TWP. TOWNSHIP TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER °W.) RNG. RANGE COUNTY, FLORIDA, BEING (N.69'52'20 O.R. OFFICIAL RECORDS BOOK 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, PG. PAGE RESERVATIONS OR RESTRICTIONS OF RECORD. N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM 3.) DIMENSIONS SHOWN HEREON ARE IN FEET A.E. ACCESS EASEMENT AND DECIMALS THEREOF. N W N N a 0 0 N N USE PROPERTY j PARCEL 3 (SEE SHEET 4 OF 4) o 9 SHEET OF a DATE SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1ziz2ilo BBLS SURVEYORS & DRAWN B USE PROPERTY PARCEL 3 Y MAPPERS INC. BUD A PORTION OF SECTION 20 1502 —A RAIL HEAD BLVD. APPROVED. SE9 TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAL& 1° - 400 COLLIER COUNTY, FLORIDA (239) 597 -1315 OR 4677 PG 2081 w 0 z Q 4 SCALE IN FEET 0 100' 200' EAST LINE, SE 1/4 SEC 20, TWP 48S, RNG 25E P.O.C. SE COR, SE 1/4 SEC 20, TWP 485, RNG 25E \ I C4 LINE TABLE LINE BEARING LENGTH L1 S14'38'10 "W 10.49 1,) BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 4B SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING (N.89' 52'20 "W.) 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. SHEET 4 OF 4 DAM 12122110 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 3 MAPPERS INC. DRAB 8Y. �1D A PORTION OF SECTION 20 1502-A RAIL HEAD BLVD. APPROVED SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALE 1" a 2 00' COLLIER COUNTY, FLORIDA (239) 597 -1315 N W 3 a N N v_ N O O O N N N CURVE TABLE LEGEND P.O.C. POINT OF COMMENCEMENT CURVE RADIUS LENGTH DELTA CHORD CHORD BEARING P.O.B. SEC. POINT OF BEGINNING SECTION Cl 389.50' 207.90' 30'34'55" 205.44' S8933'00 "W TWP. TOWNSHIP C2 22.50' 22.16' 56'26'09" 21.28' N77'31'23 "W RNG. O.R. RANGE OFFICIAL RECORDS BOOK C3 400.00' 232.22' 33'16'12" 228.97' N88'12'19 "E PG. PAGE A.E. ACCESS EASEMENT SHEET 4 OF 4 DAM 12122110 SKETCH TO ACCOMPANY LEGAL DESCRIPTION BBLS SURVEYORS & USE PROPERTY PARCEL 3 MAPPERS INC. DRAB 8Y. �1D A PORTION OF SECTION 20 1502-A RAIL HEAD BLVD. APPROVED SEB TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCALE 1" a 2 00' COLLIER COUNTY, FLORIDA (239) 597 -1315 N W 3 a N N v_ N O O O N N N OR 4677 PG 2082 �,o L woiDF4eF y %�i�zeEL OR 4677 PG 2083 EXHIBIT B DRAWING DEPICTING THE DOCK PROPERTY co OR 4677 PG 2084 POOR Q ALITY ORIGINAL OR 4677 PG 2085 EXHIBIT C COPY OF THE SITE DEVELOPMENT PLAN DEPICTING THE LAND DEVELOPMENT G��S,lEK COU � G clip- 3 � L� OR 4677 PG 2086 A. to I , 1 , • . - •. �.�; = I r ,� . � rr :^ � it : ��.� ��.� """�°' 1.0 . i 3 IXI n I • � I �• ` t$l� ACS � �� ••� • ' - }, �> ' t /'•: _�-I- - -- `6 J � N>o �'.. )Y -'%" Vr a. •gib `• � � � ' 1 LJ 1 SEA GROVE LANE-u.,.. t `'•�i �_ r rK y .�`: t: '.�!: -' - .- .. i'e.Y.•: �: 'it's:: 3 �i :. .. :y:: W11ia 'P. aK1YE:: rs r`0 (lob :.r � �� .. 1 •• yam. ?r'� Y S ,�� 7`�rf, 'f. •• .. ... .�,'S.fi'l�'2 f'wt�� ':: �•. .� +:��•�..;: .''rte:,, '+ .. �y _ • . . ..... ... ,tf:. "'•: %Yh ^-ySi �3„s •'F'�, �.�'..:i`:.'.'c_. t,r• ..�7y�...io- _ OR 4677 PG 2087 E EXHIBIT D DEPICTION OF THE CUL -DE -SAC AREA Cpt, i� OR 4677 PG 2088 KEYMAP VANDERBILT DRIVE ROAD 1 PIC E rnN O 4 S W - - -Q- -- -zoo' _ aoD'----- - -.... — - - -- NOTES 1.) BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA, BEING (N.89-52'20 "W.) 2.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF. P.O.C. SE COR SEC 20, !- co TWP 48S, RNG 25E N CV 00, RIGHT-OF-WAY)-- _ N C5 cy) N �I o co A N Dl+�hflHiHf9 5,,. CHANNEL 12i22i10 SKETCH TO ACCOMPANY LEGAL DESCRIPTI BY. USE PROPERTY PARCEL 1 BUD A PORTION OF SECTION 20 ED' SIB TOWNSHIP 48 SOUTH, RANGE 25 EAST, 1- _ 4DO• COLLIER COUNTY, FLORIDA O t,3 \N W Z N W W N O Z J p N Q 1tn N I 0 o l C Lu 0 W IJ I� c a 0 t N BBLS SURVEYORS & MAPPERS INC. 1502 -A RAIL HEAD BLVD. NAPLES, FLORIDA 3411 (239) 597 -1315 9 a v i m a z m 0 U cr 0 m N O i 0 °o tr z i a WATERWAY \ BAKER - CARROLL POINTE PLAT BOOK B. PAGE 42 LEGEND P.O .C. POINT OF COMMENCEMENT P.O .B. POINT OF BEGINNING SEC. SECTION TWP. TOWNSHIP RNG. RANGE O.R. OFFICIAL RECORDS BOOK PG. PAGE N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM A.E. ACCESS EASEMENT USE PROPERTY PARCEL 1 (SEE SHEET 4 OF 4) 12i22i10 SKETCH TO ACCOMPANY LEGAL DESCRIPTI BY. USE PROPERTY PARCEL 1 BUD A PORTION OF SECTION 20 ED' SIB TOWNSHIP 48 SOUTH, RANGE 25 EAST, 1- _ 4DO• COLLIER COUNTY, FLORIDA O t,3 \N W Z N W W N O Z J p N Q 1tn N I 0 o l C Lu 0 W IJ I� c a 0 t N BBLS SURVEYORS & MAPPERS INC. 1502 -A RAIL HEAD BLVD. NAPLES, FLORIDA 3411 (239) 597 -1315 9 a v i m a z m 0 U cr 0 m N O i 0 °o tr z i a OR 4677 PG 2089 ti "o II I N N P.O.C. SE CDR SEC 20, i N N TWP 48S, RNG 25E - -- SEA GROVE O m \AT THE DUNES N [V -- - — -- O.R. 2895• N p PAGE 447 - n Z w Z' 1 S0507.4 " U f c'v 196.82' z m CQ P.O.B. D D o SCALE IN FEET CV D iDO' 200' Ll i \ 0y I ti Q RL 1 GS ARE BASED ON THE SOUTH LINE CQ CA p F 0 � ' Q$ Y�}1EAST QUARTER OF SECTION 20, THE DUNES OF �1Y TO F1iP `15OUTH, RANGE 25 EAST, COLLIER NAPLES 1, A m COLIN D` BEING (N.89.52'20'W.) ECG ?CONDOMINIUM W Z O.R. 2777, s �� z 2.) THIS PR ER IS SUBJECT TO EASEMENTS. PAGE 3078 ggggRVATION OR STRICTIONS OF RECORD. L, 1 3. D SION HO1 HEREON ARE IN FEET 11 Cl A EREgF. rf C b� (L P.0 C. NT OF COMMENCEMENT P.0 B. DINT OF BEGINNING J ~ TOWNSHIP -- -... - - -£- RANGE -- -- - -� - -- ` -- OFFICIAL RECORtSSBUOK — PG. PAGE m A. E. ACCESS EASEMENT l LINE TABLE LINE BEARING DISTANCE LI NOO'04'52 "W 50.00 L2 ND0'07'40 "E 90.00' L3 S8953'05 "E 154:30' — -1 BAKER- CARROLL POINTE PLAT BOOK 8, PACE 42 DA7 SKETCH TO ACCOMPANY LEGAL. DESCRIPTION ,zi22i,D BBLS SUR1/E�'ORS & DRAWN BY USE PROPERTY PARCEL 1 MAPPERS INC. BUD A PORTION OF SEC77ON 20 APPROVED: 1502 -A RAIL HEAD BLVD. TOWNSHIP 48 SOUTH, RANGE 25 EAST, NAPLES, FLORIDA 3411 SCAM 1- . 200' COLLIER COUNTY, FLORIDA (239) 5974315 0 n v 0 Rri 5 2 �6 u 0 m °o 0 g 0 OR 4677 PG 2090 EXHIBIT E DEPICTION OF THE PARKING AREA �'R COUZ I CA 0 c OR 4677 PG 2091 rff/f,/fA 0 a W-M�-Uo WAS WE OR 4677 PG 2092 EXHIBIT "E" PERFORMANCE BOND CAR' C�' OR 4677 PG 2093 THE AMERICAN INSTITUTE OF ARCHITECTS Bond :#929501317 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTEE 3400'East Lafayette DETROIT, M148207" as Principal, hereinafter called =Cont[ecto( u 101 SOUTH PHILLIPS AVicNUIVr SIOUX FALLS, SO ST1046703 j'�~ as Surety, hereinafter callecl e t THE DUNES OF NAPLFS P 310 Dunes Boulevard NAPLES, FL 34110 as Obligee, hereinafter called 0 4 ,i 4ERS 11, LTD, WWI name and address or legal gge of contractor) . or legal title of Su`etA and tftmiy noUr a -unto; tAfiS0GkA1 N, INr "" Npre lose ull nar ddress or legal IHie of Omer) /'0r amount of it NJ��, -0SF.�/t= ttTal J1U012ollars�$_206,9Z.2,5Tj: successors and assigns, jointly and severally, lirmly Dy tnese presents. WHEREAS, Contractor has by written agreement dated , , entered into a contract with Owner for (Hera Insett fA name address and desodpilon of project) Dunes Remaining Site Work In accordance with Drawings and Specifications prepared by (Here Insert fun name and address or legal title of kchlted) which contract is by reference made a part hereof, and Is hereinafter referred to as the Contract. AIADOCUMEHTAItt PERFORMANCE BOND AND LABOR AND WeMAL PAYMEM BOND AIAD FEaRUARY 797a FD THE AMEinCAN INSTnytE OF AA[HIT15M. 1716 H.Y. AVE, NW, WASHINGTON, D.C. MOM I OR 4677 PG 2094 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, (lien this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by .. _ Owner to be In default under the Contract the Owner having performed Owner's obligations thereunder, the surety may promptly remedy the default, or shall promptly 1) Complete the Contract In accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contraot in accordance with its terms and conditions, and upon de; termination by Surety of the lowest responsible bj rl or, if the Owner elects, upon determination bye_- - -- Owner and the Surety jointly of the Igweat MWt hslble bidder, arrange for a contract betweerlsueifbidder and Owner, and make available as Work prpgfe4sg4 (even though there should be a defa# or a fuc sion ofd sl ed nd sealed this 27(h day f�[Ap 2010 c Witness defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damage for which the Surety may be liable hereunder, the amount of the contract price ", as used in this paragraph shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount property paid by owner to Contractor: Any suit under this bond"must be instltuted before the expiration of two (2) years from the date on which final payment under the Contract falls due. C'I.- °n -- No dght GYqcu shall accrue on this bond to or for the use of arty, on.or corporation other than the Owner named her rein or, the heirs, executors, adminis- tratnrs nor successors of%the Owner. a C C .T PARTNERS Ii, LTD WESTERN SURETY COMPANY Surety Seal (Title) Donald W. Burden, Attorney -in -Fact ALADOCUMENTA311 PERMO -- NCE6oN0ANo LA80RANDk1ATVA1ALPAYxi ENr BOND AIAD 2 FEBRUARY 1970 ED YttE AUMCAN rNSVTUM OP ARCRrrE0Y5.1735 N. Y. AVE. N.W., WASMNOTDN, D.O. 2DDD9 OR 4677 PG 2095 POOR QUALITY ORIGINAL Western Surety ompany_-_:�: PO W)M OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT _. Know All Mtn By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is n duly organized and exiting corporation having Its principul office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signaturo and seal herein affixed hereby make, constitute and appoint James R Gargaro, Gus E ZeI -vos, Steve' M Zervos, Angelo G Zervos, Donald W Burden, Individually of Southfield, Ml, its truo and lawful Attamcy(s )4n•Factwith Cull power and duthority hereby conferred to sign,seal and execute for and on Its behalf bonds, undertakings and other obligatory instruments of sintilarnature - In 'Unlimited Amounts - and to bind it thereby u fitly and to the temo exknt at lrs4ch fnstgih�t er s�ij f 64 4y aduly authorized oMccr of the corporation and all the acts ofsaid Aftomey, purtuantto the authority hereby gl—' arc atj ands Ottfirme� •' ti This Powcf of Attnrr cy is made and ese�oted" pu ant to and by authority of tho ByTAw p ,ted on tt,o mvrsse hereof, duly adopted, as Indleptcd, by the sharcholden of the eorporadon, In Witness Wherto4 WESTERNS Its S Tor Vice President and its corporate seal to, be hereto affixed on this 50t day of April, �DIO. + i ES 'E 4 RETY COMPANY t' , , Paul' . HrullZ Senior Vice President Statc-0fSouth Dakota— �•! County of Mmnchahn r z"_, - -- - -- - - — -- thrthls5dr -day aCAptil, 2010, before me pusot>aDy came Puui'L'.- 1ifu�GsY- awn,- whorbeing -bgmo duly sworn.-did dryatc and say:_that resides In the City of Sioux Fells, State of South Dakota: bat bait the Senior Vice Nutrient of WESTERN SURETY COWANY described Acid which executed the above instrument; that ha knows the seal of said corporation: that the scat 14 =4 to the said instrument is such corporate scat; that it was so affrxcd pursuant to authority given by tie Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges soma to be the act and decd ofsaid corporadon, My commission expires `.4v4��y \4Y4,w41 ti4� r4 j D. KRELL November 30, 2012 E r �aNOTARY PUBLIC f SOUTH DAKOTA s t 't�1441K�1 ♦44M.444 ♦V4 ♦M + AjA 1 D, Krell, No Public CERTIFICATE I, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the Hy -Law or the corporation printed on the reverse Itmcif is still In force, In testimony whereof I haze heramto subscribed my name and aimxed the scat of the said eorporetion this day of WESTERN SURETY COMPANY 'afAV a� f., Nctson, Alit Form Fa290,M -o6 OR 4677 PG 2096 1 *114 81 11 .110 " li SCHEME B PREPARED BY VANESSE DAYLOR �R CO(Qj> 1.0 OR 4677 PG 2097 wxu ne+Qaxr _ '� K [ 3:! Lie L N5 Ell l l 1 i i f I i I� R R8 i � R �✓ it i � � � / e \�hrl - OR 4677 PG 2098 EXHIBIT "G" AGNOLI, BARBER & BRUNDAGE, INC. PLANS raj 9 = ` t�f`Y1 i OR 4677 PG 2099 w W co W Lu � zQ Pz w V) Q o�� CILV�4u 0; INC n . L-J? 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I ; AM ui U3 0 z r1 0 f- tu T �=j CL milli o -•°m'� /part � �� a ui U3 0 z r1 0 f- tu T �=j CL OR 4677 PG 2104 ---'-- -' POOR QUALIXY ORIGINAL ,^ if ' ki ER iffin VV Ali ER iffin VV OR 4677 PG 2105 EXHIBIT "H" GENERAL RELEASE G�IER CO& 1 nCCU L, cl OR 4677 PG 2106 GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS: That THE DUNES OF NAPLES PROPERTY OWNERS ASSOCIATION, INC., a Florida corporation not for profit, its successors and assigns (the "Community Association "), in its name and, to the fullest extent possible under law, on behalf of its members, their respective heirs, representatives, successors and assigns, for good and valuable consideration received from or on behalf of VANDERBILT PARTNERS II, LTD., a Florida limited partnership ( "Developer "), including that certain Settlement Agreement, of even date herewith, between the Community Association and Developer (the "Settlement Agreement "), does hereby release Developer and its subsidiaries, partners, agents, employees, officers, successors and assigns, of and from any and all rights, claims, demands, damages, actions, and causes of action, of any nature whatsoever, whether arising at l vw " _ppe _ which Community Association may have had, may now have, or may hereaitg�airrstIg. oper from the beginning of time, occurring prior to and including date of this Gener 1� ;e, arising from or related to, directly or indirectly, Devel9per' t tvslvgTent in th% ment, construction, design, management and maintenanc of the, ngs d° 14rovem nts \of the project known as the Dunes of Naples Property O*ner ® (1) any and all claims based on presently unknown, and hiode c nc a dl s v1red latent, defects relating to improvements of the Comm' § i h ilil ings' Pit (2) all matters that may exist between Developer or of the released p t es apd nember of the Community Association that are unrelate the Community 1 1 all matters that may exist between any member of the Co ity Association the "¢er or any other released party as a matter of contract or by law alf ,dot common Cher members; (4) all matters that may exist between the Community soop. er of the Community Association against the architect, engineer, general con subcontractor, tradesman or any other person or professional, other than Developer, involved in connection with the development, construction, design, management and maintenance of the project known as the Dunes of Naples Property Owners Association; (5) any and all warranties; and (6) any and all obligations of Developer under this General Release or the Settlement Agreement, all to the extent that they have not expired or been barred by any applicable statute of limitation. This General Release shall be governed by the laws of the State of Florida. Should it become necessary for any party hereto to engage in litigation to enforce the terms of this General Release, the prevailing party in such litigation shall be entitled to recover its reasonable attorneys' fees from the non - prevailing party. 3646816.1 * ** OR 4677 PG 2107 * ** IN WITNESS WHEREOF, the undersigned has hereunto set their names and seals this ZO day of --, 2011. Apx I'L THE DUNES OF NAPLES PROPERTY OWNERS *iL4 ss #I r fitness #2 ASSOCIATION, INC., a Florida not - for - profit corporation By: c�� /ar�pQ E , � / � ,President fV-'RC ` { 2 3646816.1 m H a J ce Q W J V z H ce IL W a LU J CL `wo G1 �' 'O O m CL O ul s L O a L. R 7 oOC °a i•- G1 C O O U W a 0 z W W ►a I W J W N D Z W Q m W D O a W a Z m s ru 0 a C C L CL 9 i cn ce c!) 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O LL W J W J to Q H W F- Z f 0 0 W W J CL O U W a J CL 3-1-12 VA— PL2010 -2285 PLANTATION ISLAND Patricia L. Morgan From: GundlachNancy <NancyGundlach @colliergov.net> 6 Sent: Monday, January 30, 2012 10:42 AM To: Minutes and Records Cc: Lorenz, William; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Rodriguez, Wanda; Neet, Virginia; Kendall, Marcia Subject: CCPC Ad Request for Lot 80 Plantation Island in the Naples Daily News (NDN) Attachments: NDN Ad for CCPC 1- 30- 12.docx; Ad Map (20) 1- 30- 12.pdf Good morning, Please process the attached ad and location map for publication in the NDN on Friday, February 10, 2012. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @colliergov.net Under Honda Law.. e mad addresses are public records If you da not wart your e mail address aeleased in response to a turblic records request, do not send eiecironir; wail to this entity instead, contact this cff c.e by teieph'one or it) writing 1 Patricia L. Morgan From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Monday, January 30, 2012 1:31 PM To: Gundlach, Nancy; Minutes and Records Subject: RE: CCPC Ad Request for Lot 80 Plantation Island in the Naples Daily News (NDN) OK to proceed. lwan.cfa. Podriguez, -ACT advanced Certif ied Tara &e 4al- plion.e: (239) 252-8400 fax: (239) 252 - 6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: GundlachNancy Sent: Monday, January 30, 2012 10:42 AM To: Minutes and Records Cc: LorenzWilliam; BellowsRay; Trish L. Morgan; Ann P. Jennejohn; RodriguezWanda; NeetVirginia; KendallMarcia Subject: CCPC Ad Request for Lot 80 Plantation Island in the Naples Daily News (NDN) Good morning, Please process the attached ad and location map for publication in the NDN on Friday, February 10, 2012. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @colliergov.net Under I londa 1 aw e -mail addresses are public records If you do not want your e -rail address released in response to a public records request, do not send eiec;trown mail to IN,; entity Instead. e:ontact IN,, offiw by telephone or m writing 1 January 31, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, February 10, 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches lonq in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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 1, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: Lot 80, Plantation Island, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, March 1, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 6 z 6z as '"\ • a oo 0l5 � Q U _ a O OQ 0 O tZ3 MO lS6 'a'J L96 'a's cY" bq o§ Acct #068779 January 31, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA- PL2010 -2285 (Display Ad w /Map) Dear Legals: Please advertise the above referenced notice (w /map) on Friday, February 10, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500131207 January 31, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, February 10, 2012, and furnish proof of publication in Triplicate to Board Minutes and Records Department 3299 Tamiami Trail E., Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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 1, 2012 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: Lot 80, Plantation Island, A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, March 1, 2012, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 1 -75 S.R. 84 rn CITY OF NAPLES U N N Lo 0) Gs ui OG Cc� a 00 0 Q EVERGLADES /CITY !� PROJECT v D COLLIER COUNTY LOCATION MONROE COUNTY Ann P. Jennejohn To: legals @naplesnews.com Subject: VA- PL2010 -2285 Display Ad w /Map Attachments: VA- PL2010- 2285.doc; VA- PL2010- 2285.doc; VA- PL2010- 2285.pdf Hi again, Please advertise the attached Display Notice w /Map on Friday, February 10, 2012. Thanks again, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn From: postmaster @coIIierclerk.com To: Naples Daily News Legals Sent: Tuesday, January 31, 2012 12:07 PM Subject: Relayed: VA- PL2010 -2285 Display Ad w /Map Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals @naplesnews.com> Subject: VA- PL2010 -2285 Display Ad w /Map Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, January 31, 2012 12:29 PM To: Ann P. Jennejohn Subject: RE: VA- PL2010 -2285 Display Ad w /Map FOU Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: leaalsa- naolesnews.com www.naplesnews.com From: Ann P. Jennejohn [mailto: Ann .Jennejohn(c�collierclerk.com] Sent: Tuesday, January 31, 2012 12:07 PM To: Legals NDN Subject: VA- PL2010 -2285 Display Ad w /Map Hi again, Please advertise the attached Display Notice w /Map on Friday, February 10, 2012. Thanks again, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com Ann P. Jennejohn From: Sent: To: Subject: Attachments: Ann, Please review your attached ad. This is the ad # 240173986 PO# 4500131207 Date of publication February 10tH The ad cost is $912. Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: legals naplesnews.com www.naplesnews.com Green, Amy <AGreen @Naplesnews.com> Wednesday, February 01, 2012 3:30 PM Ann P. Jennejohn FW: Ad 240173986 PROOF 240173986.pdf From: Cushman, Charlene Sent: Wednesday, February 01, 2012 3:24 PM To: Green, Amy Subject: Re: Ad 240173986 PROOF On 1/31/12 12:33 PM, "Green, Amy" <AGreen@Naplesnews.com> wrote: Ad 240173986 Acct 068779 1 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 1, 2012 in the Board of County Com- missioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: Lot 80, Plantation Island, A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Num- ber VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. 5 S.R. 84 �S G 0. �a CD ❑ • PROJECT ao c LOCATION MONR°E C01N1' 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, March 1, 2012, 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 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 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 No. 240173986 February 10. 2012 Ann P. Jenneiohn From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Thursday, February 02, 2012 9:00 AM To: Ann P. Jennejohn Subject: RE: Ad 240173986 (Plantation Island Lot 80 VA- PL2010 -2285) Hi Ann, The ad looks good. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 From: Ann P. Jennejohn Imai Ito: Ann.Jennejohn @ colIierclerk.coml Sent: Wednesday, February 01, 2012 5:04 PM To: GundlachNancy; RodriguezWanda; NeetVirginia Subject: FW: Ad 240173986 (Plantation Island Lot 80 VA- PL2010 -2285) Please review and give me an "o.k." at your earliest convenience. Thank you! Ann From: Green, Amy [mailto:AGreen@Naplesnews.coml Sent: Wednesday, February 01, 2012 3:30 PM To: Ann P. Jennejohn Subject: FW: Ad 240173986 PROOF Ann, Please review your attached ad. This is the ad # 240173986 PO# 4500131207 Date of publication February 10tH The ad cost is $912. Thank You, 1 Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Friday, February 03, 2012 9:15 AM To: Ann P. Jennejohn; Gundlach, Nancy Subject: RE: Ad 240173986 (Plantation Island Lot 80 VA- PL2010 -2285) Looks good. Wanda 1zochrigutez, -ACP advanced -C'ert ified Para(efta( .Phone: (239) 252-8. 00 fax: (23.9) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @ colliercierk.com1 Sent: Wednesday, February 01, 2012 5:04 PM To: GundlachNancy; RodriguezWanda; NeetVirginia Subject: FW: Ad 240173986 (Plantation Island Lot 80 VA- PL2010 -2285) Please review and give me an "o.k." at your earliest convenience. Thank you! Ann From: Green, Amy jmailto:AGreen @Naplesnews.coml Sent: Wednesday, February 01, 2012 3:30 PM To: Ann P. Jennejohn Subject: FW: Ad 240173986 PROOF Ann, Please review your attached ad. This is the ad # 240173986 PO# 4500131207 Date of publication February 10tH The ad cost is $912. Thank You, Amy Green NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Debbie Landreth, who on oath says that she serves as the Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on February 10, 2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the saidTewspaper. ( Signature of affiant) Sworn to and subscribed before me This 15th day of February, 2012 of notary public ;�a' "�a'•. KAROL E KANGAS Notary Public - State of Florida My Comm. Expires Jul 29, 2013 •'o4FOFF�oF� Commission # DD 912237 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 1, 2012 in the Board of County Com- missioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: Lot 80, Plantation Island, A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Num- ber VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. E 4 -'a—' All vP ` PROJECT LOCATION 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 comments must be filed with the Department of Zoning and Land Development Review prior to Thursday, March 1, 2012, 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 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 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 No. 240173986 _ February 10 232 T a n m n 3 �v r m v rn X 0 z m a 00 r m r m O m a N z m W a X O 3 M X X -i O m C 6A m m N z G) m X v X m v O -1 2 m m .. w N z C -I m m 70 O c n O 3 m z z a m O a v m O z m n 2 N �o ncnC 3DOr r r -e arm NWT OTO rt 0 rnrnz U2 �z V m y X rt �zz rnG)z �zm ADZ r M 03 11 Ln rn z w G) �DN 093 "z 0 OLD >z� opo z rn,z n 0 m D No z o 390 ill zr"' �3z O Noo Z --I 0 0 � V Ohm A Lo Ln 0 z m -M G-) 3m rnW z p D �O 0 c n o Z z 3 m a c� m z m r rn 3 m 2 z v rn r Ir v X m `J ml W% i� G ti n N n 0. rt .a cD 7o ai .a nM. G 0 Z 0 -a fl. m rt m a m Ma X H Z n r m rm m a. �1 3-1-12 RZ- PL20110001572 SSP ASSOCIATES Ann P. Jennejohn From: DeselemKay <KayDeselem @colliergov.net> Sent: Friday, January 27, 2012 1:46 PM To: Minutes and Records Cc: Bellows, Ray; Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Kendall, Marcia Subject: RZ- PL20110001572: SSP Associates, Inc. for 3/1/12 CCPC Attachments: NDN ad 1- 27- 12.docx; Map (2X3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AMP, Principal Planner Zoning Services- -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 kayd lemCameolliergov.net Under Florida Law, e -mail addresses are public records_ if you do not want your e -mail address released in response to a public records request, do not send electronic nail to this entity, instead, contact this office by telephone or in writing. Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Friday, January 27, 2012 2:14 PM To: Deselem, Kay; Minutes and Records Cc: Ashton, Heidi Subject: FW: RZ- PL20110001572: SSP Associates, Inc. for 3/1/12 CCPC The title language in the ad conforms to the most recently approved language, and the ad request is within statutory timeframe. OK to proceed. Wanda 7Zodriguez, .i1CP ndvari.ced Certy-ied P(,zr-alegaC yhon.e: (239)2,52-8400 fax: (239) 252 -6;00 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: DeselemKay Sent: Friday, January 27, 2012 1:46 PM To: Minutes and Records Cc: BellowsRay; LorenzWilliam; Trish L. Morgan; NeetVirginia; RodriguezWanda; KendallMarcia Subject: RZ- PL20110001572: SSP Associates, Inc. for 3/1/12 CCPC Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and proiect name on all correspondence. 1� -1 2L NDN ad Map (23t3).pdf 1- 27 -12, d ocx Kay Deselem, AMP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239 -252 -2931 Fax: 239- 252 -6357 kaydeselem @co llierAo v, ne t Under Florida Law, e -mail addresses are public records. it you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. January 27, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February 10, 2012, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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 1, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established 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 C -3 zoning district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.75 +/- acres subject to conditions; and by providing an effective date. [Coord in ator: Kay Deselem, AICP, Principal Planner] (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 � 0 � LELY A R ORT C OMMU NITY > NAPLES MANOR (DRI) �l rn �G 29 28 27 v w MICELI J (S) � PROJECT U MYRTLE LOCATION WOODS TREE TOPS WHISTLERS WINDING CYPRESS TRAIL COVE (DR ACRES 32 33 34 VINCENTIAN (S) WENTWORTH ESTATES VICTORIA FALLS Acct #068779 January 31, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: RZ- PL20110001572; SSP Associates, Inc. Dear Legals: Please advertise the above referenced notice (w/MAP) Friday, February 10, 2012, and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500131207 January 31, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on February 10, 2012, and furnish proof of publication in Triplicate, to the Board Minutes and Records Department, 3299 Tamiami Trail E., Naples, FL 34112. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 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 1, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established 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 C -3 zoning district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.75 +/- acres subject to conditions; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] (insert map) 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 authorized to represent a group or organization 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 comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 LELY, A R ORT COMMUNITY > NAPLES MANOR (DRI) J Lo �G 29 28 27 v w MICELI .�, J (S) �J PROJECT U WOODS LOCATION TREE TOPS WHISTLERS WINDING CYPRESS TRAIL COVE (DRI) ACRES 32 33 34 VINCENTIAN (S) WENTWORTH ESTATES VICTORIA FALLS Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, January 31, 2012 9:03 AM To: Naples Daily News Legals Subject: RZ- PL20110001572 Display Notice w /Map Attachments: RZ- PL20110001572.doc; RZ- PL20110001572.doc; RZ- PL20110001572.pdf Good Morning, Please advertise the attached Display Notice w /MAP on Friday, February 10, 2012. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(Fax) Ann P. Jennejohn From: postmaster @coIIierclerk.com To: Naples Daily News Legals Sent: Tuesday, January 31, 2012 9:03 AM Subject: Relayed: RZ- PL20110001572 Display Notice w /Map Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals @naplesnews.com> Subject: RZ- PL20110001572 Display Notice w /Map Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, January 31, 2012 9:31 AM To: Ann P. Jennejohn Subject: RE: RZ- PL20110001572 Display Notice w /Map ok Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: IeaalsCcDnaplesnews.com www.naplesnews.com From: Ann P. Jennejohn Lmailto:Ann.Jennejohn @ collierclerk.com] Sent: Tuesday, January 31, 2012 9:03 AM To: Legals NDN Subject: RZ- PL20110001572 Display Notice w /Map Good Morning, Please advertise the attached Display Notice w /MAP on Friday, February 10, 2012. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. 1 Ann P. Jenneiohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, February 01, 2012 3:14 PM To: Ann P. Jennejohn Subject: FW: Display Ad 240173985 Attachments: 240173985.pdf Ann, Attached you will find the proof for display ad # 240173985 to publish on February 10tH The PO# is 4500131207 and the total cost is $912. Please provide approval by 9am on February 6tnfor publication. Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: legals(a)-naplesnews.com www.nai)lesnews.com From: Cushman, Charlene Sent: Wednesday, February 01, 2012 3:08 PM To: Green, Amy Subject: Re: Display Ad 240173985 PROOF On 1/31/12 9:31 AM, "Green, Amy" <AGreen@Naplesnews.com> wrote: Ad # 240173985 Acct 068779 Size 2 x 10 Date 2/10/12 1 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 1, 2012, in the Board of County Commis- sioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established 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 classifica- tion of the herein described real property from a C -3 zon- ing district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Col- lier County, Florida, consisting of 1.75 +/- acres subject to conditions; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] LELY, A R OPT COMMUNITY > NAPLES MANOR (I N j T�! O MICELI ' 29 28 27 K Li I ¢ (S) PROJECT MYRTLE LOCATION WOODS TREE TOPS WHISTLERS WINDING COVE CYPRESS TRAIL (DRI) ACRES 32 33 34 NCENTIAN (S) WENTWORTH ESTATES VICTORIA FALLS 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 comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, 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 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 No. 240173985 February 10. 2012 Ann P. Jennejohn From: RodriguezWanda <Wanda Rod riguez @colIiergov.net> Sent: Friday, February 03, 2012 9:12 AM To: Ann P. Jennejohn; Deselem, Kay Subject: RE: Display Ad 240173985 (SSP Assoc. RZ- PL20110001572) Looks good. Wanda Rodriguez, qCP AdvaaicedCertified 1'artifega( pGtOne: i239) 252 -8400 fax: (239) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: Ann P. Jennejohn [mailto: Ann .Jennejohn(abcollierclerk.coml Sent: Wednesday, February 01, 2012 5:01 PM To: DeselemKay; RodriguezWanda; NeetVirginia Subject: FW: Display Ad 240173985 (SSP Assoc. RZ- PL20110001572) Hi there, Please review and give me an "o.k." at your earliest opportunity. Thank you O Ann From: Green, Amy [mai Ito: AGreen @Naplesnews.coml Sent: Wednesday, February 01, 2012 3:14 PM To: Ann P. Jennejohn Subject: FW: Display Ad 240173985 Ann, Attached you will find the proof for display ad # 240173985 to publish on February 10tH The PO# is 4500131207 and the total cost is $912. Please provide approval by 9am on February 6tnfor publication. Thank You, Amy Green Legal Advertisements 1 Ann P. Jennejohn From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, February 03, 2012 4:43 PM To: Ann P. Jennejohn Subject: FW: Display Ad 240173985 (SSP Assoc. RZ- PL20110001572) From: WilliamsSteven Sent: Thursday, February 02, 2012 9:55 AM To: NeetVirginia; AshtonHeidi Cc: BonhamGail Subject: RE: Display Ad 240173985 (SSP Assoc. RZ- PL20110001572) I have pulled the file and reviewed. The Ad matches the Title. It is good. Steve Steven T. Williams Assistant County Attorney Collier County 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Tel: 239252 --8400 Fax: 239-252 --6300 From: NeetVirginia Sent: Thursday, February 02, 2012 9:35 AM To: AshtonHeidi Cc: WilliamsSteven Subject: FW: Display Ad 240173985 (SSP Assoc. RZ- PL20110001572) Please advise. Dinny From: Ann P. Jennejohn Imailto: Ann.Jennejohn @collierclerk.coml Sent: Wednesday, February 01, 2012 5:01 PM To: DeselemKay; RodriguezWanda; NeetVirginia Subject: FW: Display Ad 240173985 (SSP Assoc. RZ- PL20110001572) Hi there, Please review and give me an "o.k." at your earliest opportunity. Thank you O Ann 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Debbie Landreth. who on oath says that she serves as the Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier Count}, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on February 10,2012 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County. Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples, in said Collier Count}; Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sai� newspaper ( Signature of affiant) Sworn to and subscribed before me This 15th day of February, 2012 (Signature of notary, public? c4 "RY Pia", KAROL E KANGAS Notary Public - State of Florida My Comm. Expires Jul 29, 2013 'may OF •'� Commission # OO 912237 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commissions (CCPC) at 9:00 A.M., Thursday, March 1, 2012, in the Board of County Commis- sioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established 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 classifica- tion of the herein described real property from a C -3 zon- ing district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Col- lier County, Florida, consisting of 1.75 +/- acres subject to conditions; and by providing an effective date. [Coordinator: Kay ueselem, AICP, Principal Planner] 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 comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, 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 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 No. 240173985 —February 10 2012 LELY, 5 NAPLES MANOR A ORT RI) COMMUNITY R (O MICEU G 29 28 27 S) S U — PROJECT o wood LOCATION TREE TOPS WHISTLERS WINDING TRAIL ACRES COVE C_ ESE 32. NCENTIAN 33 34 (s) WENTWORTH ESTATES NCTORIA FALLS 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 comments must be filed with the Department of Zoning and Land Development Review prior to the hearing date, 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 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 No. 240173985 —February 10 2012 coy -zap -+ x Ann P. Jenneiohn 1Y LEM 1 I Lut4.1 From: KendallMarcia <MarciaKendall @colliergov.net> 000 Sent: Tuesday, January 31, 2012 7:38 AM To: Minutes and Records Cc: Bosi, Michael; Neet, Virginia; Patricia L. Morgan; Rodriguez, Wanda; Weeks, David; Schmidt, Corby; Lorenz, William Subject: CCPC Advertisement Request - CPSS- 2011 -1 Small Scale Adoption GMP Amendment (City View PL20110002601) Attachments: CPSS_2011- 1_CCPC_Ad_Per RLS 12- CMP- 00816.docx; CPSS- 2011 -1 Ad Map.pdf Importance: High Please process the attached and acknowledge receipt at your earliest convenience. Please also forward confirmation for final approval to my, and the CAO for final approvals prior to posting. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: m,,a,r.c,i,a,k.endall@colliergov,.net Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. NDN deadline: February 07, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, February 10, 2012 and furnish proof of publication to Marcia Kendall, Senior Planner, Land Development Services Department, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a "1/4" page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317 - 649100 -00000 PURCHASE ORDER NUMBER: 4500131121 ACCOUNT NUMBER: 068778 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Planning Commission (CCPC) will hold a public meeting on Thursday, March 01, 2012 at 9:00 A.M. in the Board of County Commissioners chamber, Third floor, County Government Center, 3299 East Tamiami Trail, Naples, FL. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Economic Opportunity (DEO) the adoption of a Small Scale Growth Management Plan amendment to the Future Land Use Element. The ordinance title is as follows: ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, BY REMOVING TRANSPORTATION COMMITMENTS FROM THE ORANGE BLOSSOM /AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTON OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD, IN SECTION 2 TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. PL20110002601 /Petition CPSS- 2011 -1, A petition requesting a small scale Growth Management Plan amendment to the "Orange Blossom /Airport Crossroads Commercial Sub - district ", to remove paragraph b., relating to transportation intersection improvements, and to remove related paragraph c.v., for property located at the southwest corner of the intersection of Airport Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East (± 10 acres). [Coordinator: Corby Schmidt, AICP, Principal Planner.] ADOPTION HEARINGS All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, March 01, 2012, will be read and considered at the public hearing. If a person decides to appeal any decision made by the CCPC 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 Mark P. Strain, Chairman Naples, FL R 25 E R 26 E R 27 E R 28 E R 29 E I R 30 E R 31 E R 32 E R 33 E R 34 E HENDRY COUNTY I w CA IMM AEE N Q C.R. Collier County Florida C.R. 848 o w CO) LEE COUNTY S 1 C.R. 858 A I OD C.R. 848 CO) HENDRY COUNTY CPSS- 2011 -1 x _ 9 ~ N � G.G. BLVD. PINE RIDGE RD. H A n w so I VJ GATE S.R.- 84 1 -75 PKWY. S.R.- 84 1 -75 DAMS BLVD. CITY p -q OF NAPLES ; CYI rc O m co) O 4—h w a n GS` Cr l0 I i� I 0 vi CO) X0:1' 2• U an OF CTI MARCO Tv ISLAND 6g Y N d z V 6 � � EVERGLADES ---CITY U.S.- 41 c Q 0 2M. 4M1. SM. SM. SCALE v Q O y PREPARED BY: QS/CAD MAPPING DEPARTMENT MONROE COUNTY GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION DATE 12/2011 FILE CPSS- 2011 -1.DWG Ann P. Jennejohn From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Tuesday, January 31, 2012 10:27 AM To: Kendall, Marcia; Minutes and Records Cc: Ashton, Heidi Subject: RE: CCPC Advertisement Request - CPSS- 2011 -1 Small Scale Adoption GMP Amendment (City View PL20110002601) Text is OK, ad request within statutory timeframe. OK to proceed. _Wantfa Rodriquez, A.CP _; dvanced Certified Parafegal phone: (23)) 252 -8400 fax: (2`g) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: KendallMarcia Sent: Tuesday, January 31, 2012 7:38 AM To: Minutes and Records Cc: BosiMichael; NeetVirginia; Trish L. Morgan; RodriguezWanda; WeeksDavid; SchmidtCorby; LorenzWilliam Subject: CCPC Advertisement Request - CPSS- 2011 -1 Small Scale Adoption GMP Amendment (City View PL20110002601) Importance: High Please process the attached and acknowledge receipt at your earliest convenience. << File: CPSS_2011- 1_CCPC_Ad_Per RLS 12- CMP- 00816.docx >> << File: CPSS- 2011 -1 Ad Map.pdf >> Please also forward confirmation for final approval to my, and the CAO for final approvals prior to posting. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendallr7ac .olli.ergov,_net Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Acct #068778 January 31, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: CPSS- 2011 -1 (Display Ad w /Map) Dear Legals: Please advertise the above referenced notice (w /Map) on Friday, February 10, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500131121 January 31, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, February 10, 2012 and furnish proof of publication in Triplicate to Board Minutes and Records Department 3299 Tamiami Trail E., Naples, FL 34112. The advertisement must be a "1/4" page ad, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES [Comprehensive Planning Section] FUND & COST CENTER: 111 - 138317- 649100 -00000 PURCHASE ORDER NUMBER: 4500131121 ACCOUNT NUMBER: 068778 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Planning Commission (CCPC) will hold a public meeting on Thursday, March 01, 2012 at 9:00 A.M. in the Board of County Commissioner's Chamber, Third Floor, County Government Center, 3299 East Tamiami Trail, Naples, FL. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Economic Opportunity (DEO) the adoption of a Small Scale Growth Management Plan amendment to the Future Land Use Element. The ordinance title is as follows: ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, BY REMOVING TRANSPORTATION COMMITMENTS FROM THE ORANGE BLOSSOM /AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTON OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD, IN SECTION 2 TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. PL20110002601 /Petition CPSS- 2011 -1, A petition requesting a small scale Growth Management Plan amendment to the "Orange Blossom /Airport Crossroads Commercial Sub - district ", to remove paragraph b., relating to transportation intersection improvements, and to remove related paragraph c.v., for property located at the southwest corner of the intersection of Airport Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East (± 10 acres). [Coordinator: Corby Schmidt, AICP, Principal Planner.] ADOPTION HEARINGS All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, March 01, 2012, will be read and considered at the public hearing. If a person decides to appeal any decision made by the CCPC 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 Mark P. Strain, Chairman Naples, FL R 25 E R 26 E R 27 E R 28 E R 29 E R 30 E R 31 E R 32 E R 33 E R 34 E HENDRY COUNTY N 1 ¢ A W N Q) NAM N Q C.R. 846 Collier County Florida C.R. 646 o V) b LEE COUNTY C.R. 858 4b- I C.R. 846 cc V) CPSS- 2011 -1 HENDRY COUNTY 1w m C.C. BLVD. a I PINE PoDCE RD. � 41 � 'n A m � I GOLDEN G.C. �� rc V) PKWY. O SR.- 84 1 -75 S.R.- 84 1 -75 DAMS BLVD. aTY O o -4 NAPLES 3 Q1 O C2 m V) O N rn CO) C7 O i CITY --I OF MARCO CYI N ISLAND �p YY Z z Vl U EVERGLADES /aTM u.s.- 41 0 o -4 b cn 0 2M. 4M. 4 M. 6M. SCALE �V Q CA3 V) �y �6 PREPARED BY: aS /CAD MAPPING DEPARTMENT MONROE COUNTY GROWTH MANAGEMENT DI1ASKMT / PLANNING AND REGULATION DATE 12/2011 FILE CPSS- 2011 -1.DWG Ann P. Jennejohn To: legals @naplesnews.com Subject: CPSS- 2011 -1 Display Ad w /Map Attachments: CPSS- 2011- 1.doc; CPSS- 2011- 1.doc; CPSS- 2011 -1.pdf Hello again, Please advertise the attached Display Notice w /Map on Friday, February 10, 2012. Thank you O Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn From: postmaster @coIIierclerk.com To: Naples Daily News Legals Sent: Tuesday, January 31, 2012 12:45 PM Subject: Relayed: CPSS- 2011 -1 Display Ad w /Map Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals@naplesnews.com> Subject: CPSS- 2011 -1 Display Ad w /Map Ann P. Jennejohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, January 31, 2012 1:19 PM To: Ann P. Jennejohn Subject: RE: CPSS- 2011 -1 Display Ad w /Map ok Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: leaals annar lesnews.com www.naplesnews.com From: Ann P. Jennejohn jmailto: Ann .Jennejohna)collierclerk.com] Sent: Tuesday, January 31, 2012 12:45 PM To: Legals NDN Subject: CPSS- 2011 -1 Display Ad w /Map Hello again, Please advertise the attached Display Notice w /Map on Friday, February 10, 2012. Thank you @ Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com Ann P. Jenneiohn From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, February 02, 2012 8:34 AM To: Ann P. Jennejohn Subject: FW: 240173987 PROOF Attachments: 240173987.pdf Ann, I've attached the following proof for your approval: Ad 240173987 Date: 2/10/12 Size: Quarter page ad Thank You, Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: leaals(cDnaplesnews.com www.naplesnews.com From: Cushman, Charlene Sent: Wednesday, February 01, 2012 5:02 PM To: Green, Amy Subject: Re: 240173987 PROOF On 1/31/12 1:25 PM, "Green, Amy" <AGreen @Naplesnews.com> wrote: Ad 240173987 Acct 068778 Date 02/10/2012 Size 3 x 9.25 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that the Collier County Planning Commission (CCPC) will hold a public meeting on Thursday, March 01, 2012 at 9:00 A.M. in the Board of County Commissioner's Chamber, Third Floor, County Government Center, 3299 East Tamiami Trail, Naples, FL. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to transmit to the Florida Department of Economic Opportunity (DEO) the adoption of a Small Scale Growth Management Plan amendment to the Future Land Use Element. The ordinance title is as follows: ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MAN- AGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, BY REMOVING TRANSPORTATION COMMIT- MENTS FROM THE ORANGE BLOSSOM /AIRPORT CROSSROADS COMMERCIAL SUBDIS- TRICT, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTON OF ORANGE BLOS- SOM DRIVE AND AIRPORT ROAD, IN SECTION 2 TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. C.R. 858 n i C.R. 846 CPSS - 2011 -1 G.G. BLVD. N N K � PINE RIDGE RD. GOLDEN m I vi GATE U PKWY. S.R.- 84 1 -75 DAVIS BLVD. PL20110002601 /Petition CPSS- 2011 -1, A petition requesting a small scale Growth Management Plan amendment to the "Orange Blossom /Airport Crossroads Commercial Sub - district ", to remove para- graph b., relating to transportation intersection improvements, and to remove related paragraph c.v., for property located at the southwest corner of the intersection of Airport Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East (± 10 acres). [Coordinator: Corby Schmidt, AICP, Principal Planner.] ADOPTION HEARINGS All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be di- rected to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, March 01, 2012, will be read and considered at the public hearing. If a person decides to appeal any decision made by the CCPC 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 en- sure 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 Mark P. Strain, Chairman Naples, FL No. 240173987 February 10. 2012 Ann P. Jennejohn From: KendallMarcia <MarciaKendall @colliergov.net> Sent: Thursday, February 02, 2012 1:07 PM To: Ann P. Jennejohn Cc: Rodriguez, Wanda; Neet, Virginia; Schmidt, Corby Subject: RE: 240173987 REVISED PROOF Ann, The ad is good to go. Please request NDN to proceed upon further approval of the CAO office. Thank you! Cordially, Marcia Marcia R. Kendall, Senior Planner Growth Management Division Land Development Services Department Comprehensive Planning Section Phone: 239.252.2387 EFax: 239.252.6675 Email: marciakendall@colliergov.net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @colliercierk.com] Sent: Thursday, February 02, 2012 12:06 PM To: KendallMarcia; SchmidtCorby Cc: RodriguezWanda; NeetVirginia Subject: FW: 240173987 REVISED PROOF Hi again, Please review the "revised" proof for the Petition CPSS- 2011 -1 bisplay Notice. If you can let me know that the revised version is acceptable, I'll give NDN the "o.k." Thank you. Ann From: Green, Amy [mailto:AGreen @Naplesnews.com] Sent: Thursday, February 02, 2012 11:50 AM To: Ann P. Jennejohn Subject: FW: 240173987 REVISED PROOF Please verify that your display ad is correct. Charlene made the correction you requested. 1 Ann P. Jennejohn From: Sent: To: Cc: Subject: Revised proof looks good. RodriguezWanda <Wanda Rod rig uez @colliergov.net> Friday, February 03, 2012 9:19 AM Ann P. Jennejohn; Kendall, Marcia Schmidt, Corby RE: 240173987 REVISED PROOF 141anda Rocfrijjuez, _AC11 -qdvancedCertified Tarat�!flal .phone: (239) 252- 8400_ fax: (239) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Sent: Thursday, February 02, 2012 12:06 PM To: KendallMarcia; SchmidtCorby Cc: RodriguezWanda; NeetVirginia Subject: FW: 240173987 REVISED PROOF Hi again, Please review the "revised" proof for the Petition CPSS- 2011 -1 Display Notice. If you can let me know that the revised version is acceptable, I'll give NDN the "o.k." Thank you. Ann From: Green, Amy [mailto:AGreen @Naplesnews.com] Sent: Thursday, February 02, 2012 11:50 AM To: Ann P. Jennejohn Subject: FW: 240173987 REVISED PROOF Please verify that your display ad is correct. Charlene made the correction you requested. Thank You, Amy Green Legal Advertisements Naples Daily News 1 NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING Published Daily NOTICE OF INTENT Naples, FL 34110 TO CONSIDER AN ORDINANCE lid d�� of �it�i?��Ca�l Notice is hereby given that the Collier County Planning Commission (CCPC) will hold a public meeting on Thursday, March 01, 2012 at 9:00 A.M. in the Board of Countv Commissioner's Chamber, Third Floor, State of Florida County Government Center, 3299 East Tarn ami Trail, Naples, FL. The purpose of the hearing is to consider recommendation to the Board of County Commissioners to Counties of Collier and Lee transmit to the Florida Department of Economic Opportunity (DEO) the adoption of a Small Scale Growth Management Plan amendment to the Future Land Use Element. The ordinance title is as follows: Before the undersigned they serve as the au appeared Debbie Landreth, who on oath s, the Controller of the Naples Daily News, a published at Naples, in Collier County, Fl in Collier and Lee counties of Florida; that of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time on February 10, 2012 Affiant further says that the said Naples Daily News i! published at Naples, in said Collier Copnt}_, Florida, anl newspaper has heretofore been continuously published County, Florida; distributed in Collier and Lee counties each day and has been entered as second class mail mat office in Naples, in said Collier County, Florida, for a year next preceding the first publication of the attac advertisement: and affiant further says that he has neit promised any person, firm or corporation any disco commission or refund for the purpose of securing this ac publication in the s6d,,newspap fr. ( Signature of affiant) Sworn to and subscribed before me This 1 5th day of February, 2012 (Signature of notary public) KAROL E KANGAS z Notary Public - State of Florida • Je My Comm. Expires Jul 29, 2013 i q H ``. �•,; of F�q,, Commission # DC 912237 ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, AMENDING ORDINANCE NO. 89 -05; AS AMENDED, THE COLLIER COUNTY GROWTH MAN- AGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, BY REMOVING TRANSPORTATION COMMIT- MENTS FROM THE ORANGE BLOSSOM /AIRPORT CROSSROADS COMMERCIAL SUBDIS- TRICT, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTON OF ORANGE BLOS- SOM DRIVE AND AIRPORT ROAD, IN SECTION 2 TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. V:61PINE C.R. 858 846 C PSS- 2011 -1 G.G. BLVD. rA E RD. a r� GOLDEN I G.G. GATE � PKWY. v S.R.- 84 1 -75 DAMS BLVD. PL201 1 D002601 /Petition CPSS- 2011 -1, A petition requesting a small scale Growth Management Plan amendment to the "Orange Blossom /Airport Crossroads Commercial Sub - district ", to remove para- graph b., relating to transportation intersection improvements, and to remove related paragraph cm., for property located at the southwest corner of the intersection of Airport Road and Orange Blossom Drive, in Section 2, Township 49 South, Range 25 East (± 10 acres). [Coordinator: Corby Schmidt, AICP, Principal Planner.] ADOPTION HEARINGS All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Dr., Naples, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office, Fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401 Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be di- rected to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, March 01, 2012, will be read and considered at the public hearing. If a person decides to appeal any decision made by the CCPC 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 en- sure 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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 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 Mark P. Strain, Chairman Naples, FL No. 240173987 February 10 2012 TABLE OF CONTENTS CCPC —Project: GMPA- PL20110002601/Petition: CPSS- 2011 -1 Small Scale Growth Management Plan (GMP) Adoption Amendments March 01, 2012 Agenda 1) TAB: Table of Contents. 2) TAB: Legal Advertising. 3) TAB: Ordinance. 4) TAB. CPSS- 2011 -1 Staff Report. 5) TAB: Project/Petition PL20110002601 /CPSS- 2011 -1 DOCUMENT: CCPC Table of Contents DOCUMENT: CCPC Adoption Advertising DOCUMENTS: Adoption Ordinance & Exhibit "A" Text Changes DOCUMENT: Adoption CCPC Staff Report DOCUMENTS: Project/Petition; Letter of No Objection - (Italian- American Club); Transportation Analysis ORDINANCE NO. 12- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89 -05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT, BY REMOVING TRANSPORTATION COMMITMENTS FROM THE ORANGE BLOSSOMIAIRPORT CROSSROADS COMMERCIAL SUB- DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTON OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County staff requested amendments to the Future Land Use Element to modify the Orange Blossom/Airport Crossroads Commercial Subdistrict; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and WHEREAS, the Collier County Planning Commission (CCPC) on considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and Page 1 of 3 CPSS- 2011 -1 \0range Blossom/Airport Crossroads Commercial Subdistrict Small Scale Adoption Amendment Rev. 01/20/12 Words underlined are added; words s,..uek t -eugh have been deleted; * * * indicates break in pages WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendments to the Future Land Use Element of the Growth Management Plan on , 2012; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2012. Page 2 of 3 CPSS - 2011 -1 \Orange Blossom/Airport Crossroads Commercial Subdistrict Small Scale Adoption Amendment Rev. 01/20/12 Words underlined are added; words ^t -ftie k thfough have been deleted; * * * indicates break in pages ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Heidi Ashton - Cicko, Assistant County Attorney Section Chief, Land Use /Transportation Attachment: Exhibit A — Proposed Text Amendment CP\ 12 -CMP- 00816 \4 Page 3 of 3 CPSS- 2011 -1 \0range Blossom/Airport Crossroads Commercial Subdistrict Small Scale Adoption Amendment Rev. 01/20/12 Words underlined are added; words stfuek thr-ough have been deleted; * * * indicates break in pages Exhibit A CPSS- 2011 -1 Future Land Use Element [Page 62] C. Urban Commercial District 11. Orange Blossom /Airport Crossroads Commercial Subdistrict This Subdistrict consists of two parcels comprising approximately 10 acres and is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road. This Subdistrict allows for existing institutional uses, such as the Italian American Club clubhouse or another social or fraternal organization, future institutional uses for a school, and limited commercial, professional and general offices, and similar uses to serve the nearby community, along with senior housing in the form of an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of 74,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, adult and child day care, personal and business services, and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are allowed by right or by conditional use in the C -1 Zoning District, as identified in the Collier County Land Development Code, Ordinance No. 04- 41, as amended. Uses will be further evaluated at the time of rezoning of each parcel to ensure compatibility with surrounding properties. Any senior housing facility is not subject to this square footage limitation but must meet all other provisions in the Collier County Land Development Code, Ordinance No. 04-41, in effect as of the effective date of this amendment. The development of this Subdistrict shall be governed by the following criteria: a. Rezones are encouraged to be in the form of a Planned Unit Development and must contain development standards to ensure that all uses will be compatible with neighboring residential and institutional uses. b. Grange Blessem Ddye AiFpeFt Read WeFseGti :4RtR- Shall he designed to be -1 -a building Gaunty's open bidding s. b. Parcel 1 This approximately 5 -acre parcel is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road. This parcel is limited to a maximum of 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, and personal and business services, in addition to a maximum of 20,000 square feet for the clubhouse facility. Parcel 1 is governed by the additional, following requirements: Words underlined are added; words stnfsk-thFeugh are deleted Orange Blossom /Airport Crossroads Commercial Subdistrict Agenda Item 8r C. Urban Commercial District 11. Orange Blossom /Airport Crossroads Commercial Subdistrict Proposed Future Land Use Element Text Amendment [removing that part of the Subdistrict language applicable to the entire 10 acres]: (and, as a consequence of deleting provision "b" above, staff recommends removing that part of the Subdistrict language that serves as an exception from the provision, applicable to an existing use located on a five acre portion of the Subdistrict]. WMIMM Both of these proposed text amendments are reflected in the Ordinance Exhibit "A" prepared for this small -scale amendment. STAFF ANALYSIS: In October of 2008, Collier County Board of County Commissioners (BCC) adopted an amendment to the County's Future Land Use Element (FLUE) and Future Land Use Map (FLUM) establishing the Orange Blossom /Airport Crossroads Commercial Subdistrict (Crossroads Subdistrict). The Crossroads Subdistrict consists of approximately ten acres, unifying two neighboring five -acre tracts, and limits their development intensity to uses found in the C -1, Commercial Professional and General Office Zoning District.. The northerly five acres includes as allowable uses, up to 34,000 sq. ft. of financial institutions, schools, professional, medical and general offices, and personal and business services — in addition to the 20,000 sq. ft. for the clubhouse facility. The southerly five acres includes as allowable uses, up to 40,000 sq. ft. of financial institutions, professional, medical and general offices, adult and child day care, personal and business services, and an assisted living facility, continuing care retirement center or other similar senior housing. In September of 2009, the Naples Italian American Club obtained a Commercial Planned Unit Development (CPUD) rezone for the northerly portion of the Subdistrict. No development has occurred, other than that related to the clubhouse facility, in accordance with the provisions of the Subdistrict. In a presentation to the BCC in October of 2011, the applicant explained how the Subdistrict's transportation commitments relating to intersection improvements "inhibit positive progress, job creation, and an easier flow of impact fees "; going on to say, how these commitments had been`;`r -2- MOW OPP (and, as a consequence of deleting provision "b" above, staff recommends removing that part of the Subdistrict language that serves as an exception from the provision, applicable to an existing use located on a five acre portion of the Subdistrict]. WMIMM Both of these proposed text amendments are reflected in the Ordinance Exhibit "A" prepared for this small -scale amendment. STAFF ANALYSIS: In October of 2008, Collier County Board of County Commissioners (BCC) adopted an amendment to the County's Future Land Use Element (FLUE) and Future Land Use Map (FLUM) establishing the Orange Blossom /Airport Crossroads Commercial Subdistrict (Crossroads Subdistrict). The Crossroads Subdistrict consists of approximately ten acres, unifying two neighboring five -acre tracts, and limits their development intensity to uses found in the C -1, Commercial Professional and General Office Zoning District.. The northerly five acres includes as allowable uses, up to 34,000 sq. ft. of financial institutions, schools, professional, medical and general offices, and personal and business services — in addition to the 20,000 sq. ft. for the clubhouse facility. The southerly five acres includes as allowable uses, up to 40,000 sq. ft. of financial institutions, professional, medical and general offices, adult and child day care, personal and business services, and an assisted living facility, continuing care retirement center or other similar senior housing. In September of 2009, the Naples Italian American Club obtained a Commercial Planned Unit Development (CPUD) rezone for the northerly portion of the Subdistrict. No development has occurred, other than that related to the clubhouse facility, in accordance with the provisions of the Subdistrict. In a presentation to the BCC in October of 2011, the applicant explained how the Subdistrict's transportation commitments relating to intersection improvements "inhibit positive progress, job creation, and an easier flow of impact fees "; going on to say, how these commitments had been`;`r -2- Orange Blossom /Airport Crossroads Commercial Subdistrict Agenda ItemihG` 8E Co�� .e-r CoH-�tty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION, LAND DEVELOPMENT SERVICES, COMPREHENSIVE PLANNING SECTION HEARING DATE: MARCH 1, 2012 RE: PETITION NO. CPSS- 2011 -1, ORANGE BLOSSOM /AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT [ADOPTION HEARING] APPLICANT /OWNERS: Applicant and Owner: Michael Corradi, for Corradi Airport Road, Inc. 40 Seagate Drive, #904 Naples, FL 34103 Owner: Naples Italian American Club Foundation, Inc. 7035 Airport Road North Naples, FL 34107 GEOGRAPHIC LOCATION: The subject property contains approximately 10 acres and is located at the southwest corner of the intersection of Airport Road (CR 31) and Orange Blossom Drive. The property has approximately 660 feet of frontage on Orange Blossom Drive and 660 feet of frontage on Airport Road North (a.k.a., Airport- Pulling Road). The property lies within the North Naples Planning Community in Section 2, Township 49 South, Range 25 East. REQUESTED ACTION: This petition seeks to amend the Future Land Use Element (FLUE) of the Collier County Growth Management Plan to remove transportation commitments relating to intersection improvements, and a related provision, from the Orange Blossom /Airport Crossroads Commercial Subdistrict language in the Urban Mixed Use District. -1- Exhibit A CPSS- 2011 -1 i. Pedestrian interconnection to access Parcel 2 and property immediately to the west must be pursued by the property owner, and incorporated into the overall site design. ii. Vehicular interconnection with Parcel 2 is required, particularly to provide southbound traffic direct egress onto Airport Road. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the south. iii. The existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or permanently closed -off by the property owner prior to the issuance of a certificate of occupancy for any further development or redevelopment of the site. iv. Development within Parcel 1 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward southbound egress through Parcel 2 onto Airport Road. "b" above if it Gan be demenstFated that the tFaRspeFtatien imparats of the faGility do nGt impFeyement6 d•: c. Parcel 2 This approximately 5 -acre parcel is located on the west side of Airport Road, approximately 330 feet south of the intersection of Airport Road and Orange Blossom Drive. This parcel is limited to a maximum of 40,000 square feet of gross leasable area for financial institutions, professional, medical and general offices, adult and child day care, personal and business services, and an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Parcel 2 is governed by the additional, following requirements: i. Pedestrian interconnection to access Parcel 1 and properties immediately to the south and to the west must be pursued by the property owner, and incorporated into the overall site design. ii. Vehicular interconnection with Parcel 1 is required, particularly to provide eastbound traffic direct egress onto Orange Blossom Drive. Vehicular use areas, buildings and structures, landscape buffering and open space, and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the north. iii. Development within Parcel 2 shall have common site, signage and building architectural elements, including on -site signs directing motorists toward northbound egress through Parcel 1 onto Orange Blossom Drive. Words underlined are added; words stmGk through are deleted Orange Blossom /Airport Crossroads Commercial Subdistrict Agenda Iteme—SE "introduced during a period of heightened caution over traffic congestion [at] the peak of development. The circumstances that warranted this language no longer exist ". Transportation Analysis Transportation Planning staff has reviewed the available traffic data in the vicinity of this petition, and has determined that the adjacent roadway network will have sufficient capacity to accommodate this project within the five year planning period. Concurrency values were analyzed consistently with Policy 5.1 of the Transportation Element of the Growth Management Plan. An estimated [positive] growth rate of 1.5% annually was assumed in background traffic volumes in order to analyze the projected 2016 scenario in terms of intersection approach traffic volumes. See the table provided in the exhibit below. APW Road fram Vandertrtlt Beam Road to Grange 8 Dr. Airport Raad from Orange ala=Dr. to Pine Midge Rd Orange 8bnom from Good e-Frsk Rd to A,rport- Piing Rd Orange Bbww from Arpat -PdN Rd to LMVston Rct Exhibit A service 2011 Adopted Voiumae Toth Retna ng LOS 1Caaaed 0 VdUM Caoaciity Std V181d 2011 VM 2016 Rao LOS 2016 Ratin I M E 3970 2091 1879 E 0.53 C —21-11T-015-3F C E 3570 2(196 1880 E 0.53 C 2230 0.56 C D 850 -q51 2T51 D 1 0.68 1 C 1 6191 0.73 C D 9201 5751 345 D 0.63 I C 1 6191 0 671 C Orange Blossom Drive Impacts: Staff analyzed the Orange Blossom Drive concurrency links that are impacted by this project. A nominal growth rate of 1.5% was applied to Link 142, Orange Blossom Drive from Goodlette Road to Airport Road; and link 143 from Airport Road to Livingston. These segments of Orange Blossom Drive currently have a remaining capacity of 275 trips, and 345 trips (respectively); and are both currently operating at LOS "C" as reflected by the adopted 2011 AUIR. Staff has determined that this segment will continue to operate at LOS "C" during the five year planning period. Airport Road Impacts: Staff analyzed the Airport Road concurrency links that are impacted by this project. A nominal growth rate of 1.5% was applied to Link 2.1 from Vanderbilt Beach Road to Orange Blossom Drive; and link 2.2 from Orange Blossom Drive to Pine Ridge. These segments of Airport Road currently have a remaining capacity of 1,879 trips, and 1,880 trips (respectively); and are both currently operating at LOS "C" as reflected by the adopted 2011 AUIR. Staff has determined that these segments will continue to operate at LOS "C" during the five year planning period. As a result of this analysis, Transportation Planning staff recommends that this amendment can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan without the need for additional mitigation. While this amendment proposes to remove certain transportation commitments, it does not have the effect of removing them in their entirety. Rather, Orange Blossom Drive — Airport Road intersection improvement plans that are now required to: 1) be approved prior to any development order approval; with construction per the approved improvement plans required to 2) commence prior to the issuance of building permits; and, for improvements to 3) be completed prior to the issuance of a certificate of occupancy on a parcel, will take place along another timeline. -3- Orange Blossom /Airport Crossroads Commercial Subdistrict Agenda Item �68E Improvements will be planned and constructed concurrent with the demand for said improvements, ensuring that the transportation facilities necessary to maintain the adopted level of service standards are available when the impacts of development occur. The process for adoption of small -scale plan amendments is described in subsection 163.3187, Florida Statutes. NEIGHBORHOOD INFORMATION MEETING SYNOPSIS: The Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.17 was conducted January 19, 2012. Approximately twenty -four people other than the applicant and County staff attended the NIM, held in the North Collier Government Services Center, 6825 Orange Blossom Drive, Naples and heard the following information: The applicant, Michael Corradi, introduced his request for the small -scale Plan amendment and reviewed the specific provision proposed for removal. Mr. Corradi explained how the original Subdistrict provisions were based on the traffic conditions at that time — in a good economy. Also present at that time was a group of property owners of other land surrounding this intersection who would be financially responsible for the cost of their share of these intersection improvements. Since then, the economy has declined into recession, the property owner group is no longer able to meet financial commitments, and traffic on the roads this development impacts has decreased to a level that intersection improvements are no longer needed to accommodate traffic conditions — and requirements for such are not necessary. Discussion surrounded the preliminary improvement plans for the Airport — Orange Blossom intersection, and how this proposed amendment changes those improvements. Mr. Corradi explained that his proposal does not affect the improvement plans or improvements themselves. The effect from changing the Subdistrict provisions would allow those improvements to take place at another time — when development itself is proposed and traffic impacts would be realized. The impact fees paid by the developer would cover the costs of a share of the intersection improvements. An attendee asked about what Mr. Corradi has planned for development of the subject property. Mr. Corradi indicated he has no immediate plans to plat or develop the property for any specific uses. He explained how the required transportation commitments have had a negative effect on his ability to market and develop the property. Removing the specific provision will ease these restraints and allow the property to be successfully marketed and developed. Discussion surrounded how the roadway improvements would take place, if no longer required by the provisions proposed for removal. Mr. Corradi explained how they would be planned and constructed in conformance with the County's standards — when demand is evident and improvements are necessary — in the same manner as other landowners and developers meet their requirements. A representative of the Naples Italian American Club spoke, affirming much of what Mr. Corradi had explained. The same provisions requiring intersection improvements to be completed before new development could take place apply to their half of the Subdistrict, and also negatively affected the developable portions of their property. They would benefit from the proposed small -scale amendment as much as would Mr. Corradi. He affirmed the Club's position of no objection to Mr. Corradi's proposal. No one in attendance expressed opposition to the proposal. No major issues or contentions were raised or discussed. No statements of commitment were made by the applicant. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] -4- Orange Blossom /Airport Crossroads Commercial Subdistrict LEGAL CONSIDERATIONS: Agenda Item 8,9I- This Staff Report has been reviewed by the County Attorney's Office and is legally sufficient. (ST KI STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CPSS- 2011 -1 to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Economic Opportunity. PREPARED BY: DATE: 1 7— Corby L. Sc midt, AICP, Principal Planner Comprehen ive Planning Section Land Develdipment Services Department REVIEWED BY: 1'` DATE: David C. Weeks, AICP, GMP Manager Comprehensive Planning Section Land Development Services Department � po � - S�) -4) j VVOIiarn Lorenz, P.E., irector L evelopment Services Department APPROVED BY: DATE: Z J� �✓ / Nick Casa [anguida, pu y A ministrator Growth Management Division /Planning and Regulation PETITION NO.: CPSS- 2011 -1 Staff Report for the March 1, 2012 CCPC Meeting. NOTE: This petition has been scheduled for the April 24, 2011 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Mark P. Strain, Chairman GACDES Planning Services\Comprehensive\COMP PLANNING GMP DATXComp Plan Amendments12011 Small Scale AmendmentslCPSS- 2011 -1, Crossroads Commercial Subdistrict\CPSS- 2011 -1 DRAFT Staff Report_3.doc -5- Qrojec- PLZo i l ceoz- o APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICAT9H41 NUMBER C f5S- Zo 11 - DATE RECEIVED 1 11rd- Zo f PRE - APPLICATION CONFERENCE DATE NJ/P4 DATE SUFFICIENT WA This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400, 2800 North Horseshoe Drive, Naples, Florida 34104. 239 - 252 -2400 (Fax 239 - 252 - 2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97 -431 as amended by Resolution 98 -18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239 - 252 -2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant Company ILOR ZRD, AIARoi`Li =/VC -A Address �C S E,4 -0i2 -• t'Y' City NA rLL'.S State F/_c f6P Zip Code S q/03 Phone Number (97 31) ---2 "SLXS Fax Number A//A B. Name of Agent * M ILhAeL_ *. e ZoR1Z&D", MKe LO crcIVAPLeS crA • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Address City Phone Number State Fax Number Zip Code C. Name of Owner (s) of Record C_ o fI RA E) i R Pe ;L.-$ =-Ivc Address City V A PLC-55 State FL OR `D4 Phone Number (a3q)a°S_ Scc8 Fax Number Zip Code J0-3 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. IL Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, orjoint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership 2 Date of Contract: F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address G. Date subject property acquired () leased ():-Term of lease yrs. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. I11_.D_E5CRfPTION OF PROPERTY: A. LEGAL DESCRIPTION PARCEL IV o . 0023. o ®Q o ® S g1 q g!5; Cl�)rAM A-T SE LA.12 c,F 3_0 C_ a, A/ 9L '®F W i i 0 8 r o F4 , 5 S q "DS6 W 100-OFT Kf Rid SP-3i fw D P o�) f 5 q q ia C W tD t© rrT I B. GENERAL LOCATION 1AUS 6LPD . �r /� PU,� F- L 34 li Q S C. PLANNING COMMUNITY D. TAZ E. SIZE IN ACRES F. ZONING G. SURROUNDING LAND USE PATTERN H. FUTURE LAND USE MAP DESIGNATION(S) IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: Housing Element Traffic Circulation Sub - Element Aviation Sub - Element Sanitary Sewer Sub - Element Solid Waste Sub - Element Capital Improvement Element Future Land Use Element Recreation /Open Space Mass Transit Sub - Element Potable Water Sub - Element NGWAR Sub - Element Drainage Sub - Element CCME Element Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGE (S) G OFTHE �'��'� L-n--- -,-Qse ELEMENT AS FOLLOWS: (Use 9 #'ke +hFe gI to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: o F '7- fs 0 RA -N6 t�-i�PutzT G 2osS jZo�as CQmyr/E�C�/�C S�6i�is �zrc..i.- C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM WA TO D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) EM E. DESCRIBE ADDITINAL CHANGES REQUESTED: lol V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I" =400'. At least one copy reduced to 8- 1 /2 x 11 shall be provided of all aerials and /or maps. A. LAND USE Provide general location map showing surrounding developments (PUD, DRI's, existing zoning) with subject property outlined. Provide most recent aerial of site showing subject boundaries, source, and date. Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT- FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and /or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.),Identify historic and /or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J- 11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1. 1.2 (Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J- 11.006(1) (a) (5), F.A.C.). IF so, identify area located in ACSC. Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? ( (Reference 9J- 11.006(1)(a)7.a, F.A.C.) IV Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1) (c), F.S. ? (Reference 9J -1 1.006(1) (a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Does the proposed land use cause an increase in density and /or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J- 5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the prepesed-usie -nd- of- enviroarreeft -a+l y- Seti'slti'de- Iel9el; gfOt71'Yd-wa'fef -and natural resources. (Reference Rule 9-1-11.007, F.A.C.) E. PUBLIC FACILITIES l . Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Potable Water Sanitary Sewer Arterial & Collector Roads; Name specific road and LOS Drainage Solid Waste Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and /or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. aA Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. WIA Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. Print Map 15M- N-, Page 1 of 1 r p ® 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to -date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. �. Ln?,Lt5LE 6 ACI s 0 ��• R cT(�t1'rta�� it) pt c-,, tt - \i p, (n i t�otJ- (- ��`l'•tGi)LTo AL -t - �ov,n yy,�ZL�t�t. http:// www. collierappraiser .comlwebmaplmapprint.aspx? title = Properties %20with- in %20... 11/14/2011 L®m m e a-L'A L P qt . http:// www. collierappraiser .comlwebmaplmapprint.aspx? title = Properties %20with- in %20... 11/14/2011 �2m a v 95035 � g 1 \ YAREERRY LANE 037Daq '" i OW53a 11 v R a oC �C g r Ia el s m TJaq OW03a II i a � ts \ STONEGATE DRIVE STONEGATE DRIVE I m a z Qi w ti i i g � \ 1 0 I ,D c z m ,-i -- pp N C -1 a z m / Z ;a z D� ARiPORT -PUWNG ROAD (C.ft. 31) CC z z CANAL D 2 m 'o z 0 3 5 z '3 e ❑ : 6 ` i I Z —1 95015 -- --- ------------- 3gar3 N(W Tflr w ` , I o s __ Y .______._____ _ mk g u S 3 x & a v / � � g YAREERRY LANE 037Daq '" i OW53a 11 v R a oC �C g r Ia el s m TJaq OW03a II i a m a Qi w i i g � \ 1 0 I ,D c z m N C -1 a z m Z x C z ARiPORT -PUWNG ROAD (C.ft. 31) CC z z CANAL 2 m 'o z 0 3 5 z nz\ z D $ m 95015 / � (XV) 8. Commercial Mixed Use Subdistrict: The purpose of this Subdistrict is to encourage the development and re- development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building. Such mixed -use projects are intended to be developmend at a human - scale, pedestrian- oriented, and interconnected with abutting projects — whether commercial or residential. This Subdistrict is allowed in the Urban Commercial District subject to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban Mixed Use District. (X111) 9.Livingston Road/Veterans Memorial Boulevard Commercial Infill Subdistict This Subdistrict consists of + 2.25 acres and is located at the southeast corner of the intersection of Livingston Road and Livingston Road /East — West to be known as Veterans' Memorial Boulevard. The Subdistrict allows those office uses, medical uses and financial institutions permitted by right and by conditional use within the C -1 Zoning District of the Collier County Land Development Code, as of the effective date of adoption of this Subdistrict. (Adopted October 26, 2004 by Ordinance No. 2004 -71) This Subdistrict is designed to serve the surrounding residential uses within a convenient travel distance to the subject property. It is further designed to be compatible with the neighboring residential uses through the development standards provided herein, along with other planning considerations. The maximum development intensity allowed is 50,000 square feet of building area with a maximum height of 3 stories, not to exceed 35 feet. Access to the property within the Subdistrict shall only be permitted from Veterans Memorial Boulevard. There shall be no access permitted directly to or from Livingston Road. (XV) 10. Goodlette /Pine Ridge Commercial Infill Subdistrict: This Subdistrict consists of 31 acres and is located at the northeast quadrant of two major arterial n roadways, Pine Ridge Road and Goodlette -Frank Road. In addition to uses generally allowed in the Urban designation, the intent of the Goodlette /Pine Ridge Commercial Infill Subdistrict is to provide shopping, person services and employment for the surrounding residential areas within a convenient travel distance. The Subdistrict is intended to be compatible with the neighboring Pine Ridge Middle School and nearby residential development and therefore, emphasis will be placed on common building architecture, signage, landscape design and site accessibility for pedestrians and bicyclists, as well as motor vehicles. Access to the Goodlette /Pine Ridge Commercial Infill Subdistrict may feature a signalized traffic access point on Goodlette -Frank Road, which may provide for access to the neighboring Pine Ridge Middle School. Other site access locations will be designed consistent with the Collier County access management criteria. Development intensity within the Subdistrict will be limited to single -story retail commercial uses, while professional or medical related offices, including financial institutions, may occur in three -story buildings. A maximum of 275,000 square feet of gross leasable area for retail commercial and office and financial institution development may occur within this Subdistrict. Retail commercial uses shall be limited to a maximum of 125,000 square feet of gross leasable area on the south +/- 23 acres. No individual retail commercial use may exceed 65,000 square feet of gross leasable area. Unless otherwise required by the South Florida Water Management District, the .87 ± acre wetland area located on the northeastern portion of the site will be preserved. (XV) = Plan Amendment by Ordinance No. 2007 -18 on January 25, 2007 W" (XIX) 11. Orange Blossom /Airport Crossroads Commercial Subdistrict This Subdistrict consists of two parcels comprising approximately 10 acres and is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road. This Subdistrict allows for existing institutional uses, such as the Italian American Club clubhouse or another social or fraternal organization, future institutional uses for a school, and limited commercial, professional and general offices, and similar uses to serve the nearby community, along with senior housing in the form of an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of 74,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, adult and child day care, personal and business services, and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are allowed by right or by conditional use in the C -1 Zoning District, as identified in the Collier County Land Development Code, Ordinance No. 04-41, as amended. Uses will be further evaluated at the time of rezoning of each parcel to ensure compatibility with surrounding properties. Any senior housing facility is not subject to this square footage limitation but is subject to equivalency limitations specific to Parcel 2, and must meet all other provisions in the Collier County Land Development Code, Ordinance No. 04 -41, in effect as of the effective date of this amendment. The development of this Subdistrict shall be governed by the following criteria: a. Rezones are encouraged to be in the form of a Planned Unit Development and must contain development standards to ensure that all uses will be compatible with neighboring residential - • - • . ► - • • • • ■ • • • - G - - • . • - i• •7 -• i - ••1 �•.• • - - •• -u- • .• c. Parcel This approximately 5 -acre parcel is located on the southwest corner of the intersection of Orange Blossom Drive and Airport Road. This parcel is limited to a maximum of 34,000 square feet of gross leasable area for financial institutions, schools, professional, medical and general offices, and personal and business services, in addition to a maximum of 20,000 square feet for the clubhouse facility. Parcel 1 is governed by the additional, following requirements: i. Pedestrian interconnection to access Parcel 2 and property immediately to the west must be pursued by the property owner, and incorporated into the overall site design. --� (XIX) = Plan Amendment by Ordinance No. 2008 -57 on October 14, 2008 63 EXHIBIT A PETITION CP- 2006-071CP- 206-08 ORANGE BLOSSOM /AIRPORT CROSSROADS COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA 17 I i -4o IC LEGEND TXxiE ® SUSDISTWT PREPARED 8Y: DEVELOPMENT AND ENVIR iCA1 SUPPORT ACES N � 1 COM�.tUNtTY Of�lOPihENT AND ENVIRONMENTAL SERtnCES Di vtS!Oiz c xxurt ,Epo Er /�� DATE: 9/2008 FILE: CP- 2006 - 078.0 -WO F. OTHER Identify the following areas relating to the subject property: Flood zone based on Flood Insurance Rate Map data (FIRM). Location of,wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) Traffic Congestion Boundary, if applicable tf tA' Coastal Management Boundary, if applicable P11A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION $16,700.00 non - refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) $9,000.00 non - refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Proof of ownership (copy of deed) Notarized Letter of Authorization if Agent is not the Owner (See attached form) 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1 " =400' or at a scale as determined during the pre - application meeting. LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN >>�� j I hereby authori `' ze I G } E -- G0 /Z�2 /q r (Name of Agent) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Signed: Ca"14R,' 41460127 Date: �" 2-o ( 1 (Name of Owner(s) of Record) I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. Eit Nl OF 11 U£RRIERI ft" 1 UMC -• Of F�Wdds Signature of Applicant �s{t1ate • • * !Ji' MPWWU AV LGr Qf1 CAl1MIMaiim! A DD 781334 S Iq l c-M4,! L �121Zr� Name - Typed or Printed STATE OF COUNTY OF Sworn to and subscribed before me this day ofi ` } b MY COMMISSION EXPIRES: Nota Pubic tGOO, CH SE ONE TH F who is personally known to me, who has produced as identification and \---- did take an Oath did not take and Oath NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of 7.500.00 and /or maximum of a sixty day jail term." Print Map Page 1 of 1 m 2004. Collier County Property Appraiser. While the Collier County Properly Appraiser is committed to providing the most accurate and up-to -date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http: / /www. collierappraiser .comlwebmaplmapprint.aspx? title = Orange %20BlossomlAirp... 11/14/2011 Orange Blossom/Airport Crossroads Commercial Subdistrict 7 MAP LEGEND Street Names ..- _ '-i'.'.x Parcels A. 9 4 r {� IL Subdivisions Aerials 201116 4ncli Urbruil Aerials 2009 IZ FEET] E] Building Footprints Collier County zsi- m 2004. Collier County Property Appraiser. While the Collier County Properly Appraiser is committed to providing the most accurate and up-to -date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http: / /www. collierappraiser .comlwebmaplmapprint.aspx? title = Orange %20BlossomlAirp... 11/14/2011 Exhibit A CP- 2006 -7 /CP- 2006 -8 C. Urban Commercial District (:[Page 63] 11. Oranae Blossom/Airport Crossroads Commercial Subdistrict This Subdistrict consists of two parcels comprising approximately 10 acres and is located on the southwest comer_ of the intersection of Orange Blossom Drive and Airport Road This Subdistrict allows for existing institutional uses such as the Italian American Club clubhouse or another social or fratemal organization, future institutional uses for a school and limited commercial professional and general offices. and similar uses to serve the nearby community, along with senior housing in the form of an assisted living facility, continuing care retirement center, or other similar housing for the elderly. Development intensity for this Subdistrict shall be limited to a maximum of 74,000 square feet of gross leasable area for financial institutions schools professional medical and general offices adult and child day care. personal and business services and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are allowed by right or by conditional use in the C-1 Zoning District, as identified in the Collier County Land Development Code Ordinance No 04-41 as amended. Uses will be further evaluated at the time of rezoning of each parcel to ensure compatibility with surrounding properties. Any senior housing facility is not subiect to this sguare footage limitation but is sub ect to ecjuivalengy limitations specific to Parcel 2 and must meet all other rovisions in the Collier County Land Development Code Ordinance Na 04-41 in effect as of the effective date of this amendment. The development of this Subdistrict shall be aovemed by the following cxiteria: a. Rezones are encouraged to be in the form of a Planned, Unit Development and must contain development standards to ensure that all uses will be compatible with neighboring residential and institutional uses. c. Parcel This approximately 5-acre parcel is located on the southwest comer of the intersection of Orange Blossom Drive and Airport Road. This parcel is limited to a maximum of 34,000 sguare feet of gross leasable area for financial institutions schools, professional medical and general offices and Personal and business services. in addition to a maximum of 20 000 s uare feet for the clubhouse facility. Parcel 1 is novemed by the additional following requirements: i. Pedestrian interconnection to access Parcel 2 and property immediately to the west must be pursued by the property owner, and incorporated into the overall site design ii. Vehicular interconnection with Parcel 2 is reguired particularly to pro vide southbound traffic direct egress onto Airport Road Vehicular use areas buildings and structures landscape bufferina and open s ace and other uses shall be designed in such a manner that does not impede or interfere with access to or from the adjacent parcel to the south. [words underlined have been added/words Strad -ftedgh have been deleted] EXECUTIVE SUMMARY Recommendation to direct the County Manager, or his designee, to waive the fee for processing a small scale amendment for the Orange Blossom/Airport Crossroads Commercial Sub District as presented during item 6A of the BCC October 25, 2011 Public Hearing by Mr. Michael Corradi, with the applicant paying only those costs actually incurred, including application and advertising costs. OBJECTIVE: For the Board of County Commissioners (BCC) to direct staff to process the Orange Blossom/Airport Crossroads Commercial Sub District small scale amendment with no application fee to the applicant. CONSIDERATIONS: At the October 25, 2011 BCC Public Hearing, under agenda item 6A, the BCC heard a public petition brought forth by Mr. Michael Corradi requesting the BCC to waive the application fee ($9,000) for a small scale amendment to the Orange Blossom/Airport Crossroads Commercial Sub District. As part of the discussion with the BCC, Mr. Corradi agreed to satisfy the cost for the preparation of the amendment package as well as the advertising for the item before the Collier County Planning Commission (CCPQ and the BCC. This Executive Summary is to formalize that verbal agreement. FISCAL IMPACT: The fiscal impact to Collier County will consist of existing staff time to review the amendments, and staff time for preparation of materials for the CCPC and the BCC hearings. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. - 7AK GROWTH MANAGEMENT BIPACT: The removal of the specified paragraph within the Orange Blossom/Airport Crossroads Commercial Sub District meets the definition of the new procedures for a small scale amendment and will count against the 120 acre per year limit for small scale amendments. The amendment will not alter the density or intensity of use allowed within the Sub District. RECOMMENDATION: That the BCC direct the County Manager, or designee to waive the small scale amendment fee for the Orange Blossom/Airport Crossroads Commercial Sub District, with the applicant paying only those costs actually incurred, including application and advertising costs. 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GOLDEN GATE BLVD IMMOKALEE ONSET + 898 ja ei o 0 16TH AVE SW > 0 GdkBEN'3ATE PKWY 7 $m " 41 ` w 17 I `F4DAVISBL;O rc 0 54TH AVE SE 55TH AVE SE G7 O m W 60TH AVE SE 1 ^ 68TH AVE SE upi Z�y I 9ynw. a LESNAKE} HAMMOCK RD 7Y� SABAL PALM RD O J O J m z N !� .. < m > W z N k IM z a o O a7 E J J W ✓9 _ T C�F�/ W m d 0< LAKE TRAFFORD RD 116TH AVE SE �" Tq 122ND AVE SE LYNCH BLVD U ' Percentage Change In Peak Hour Directional , olume From 2 010 GroMh Manage t Division Transportation Planniling Department TRANSPORTATION CONSULTANTS, INC. 13881 PLANTATION ROAD, SUITE 11 FORT MYERS, FL 33912 -1339 OFFICE 239.278.3090 FAX 239.278.1906 TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS/DESIGN TO: Mr. Michael Greene Collier County Transportation Planning FROM: Robert L. Price, PE Senior Transportation Consultant Ted B. Treesh President DATE: September 9, 2008 RE: Airport- Pulling Rd @ Orange Blossom Dr Intersection Improvements Traffic Projections Collier County, Florida TR Transportation Consultants, Inc, has been retained by the Developers of the Italian American Club Comprehensive Plan and the Westminster PUD to assess the necessary future lane arrangements at the intersection of Airport- Pulling Road/Orange Blossom Drive to accommodate future growth, specifically planned and/or approved projects that are in the general vicinity of the subject intersection. Figure 1 indicates the location of the subject intersection as well as the developments that were accounted for as a part of this analysis. Also indicated within Figure 1 are the intensities of each development. In order to perform the requested analysis, TR Transportation has completed a 2013 analysis at this location. The traffic projections in this memorandum will be utilized to perform the needs analysis for the intersection. The 2013 traffic projections are based on A.M. and P.M. peak hour turning movement counts performed by TR Transportation, Existing Traffic Data A turning movement count was conducted at the intersection of Airport Pulling Road/Orange Blossom Drive during the A.M. and P.M. peak hours (7AM -9AM & 4PM- 6PM) on January 8, 2008. Furthermore, upon the request of the Collier County Transportation Planning Department, turning movement counts were also performed at the nearest signalized intersection to the north (Emerald Lakes Drive /Old Groves Road) TRANSPORTATION CONSULTANTS, INC. Mr. Michael Greene Collier County Transportation Planning Airport Pulling Rd @ Orange Blossom Dr Improvements September 10, 2008 Page 3 and south (J & C Boulevard/Fountain View Circle) of Orange Blossom Drive on Airport Pulling Road on May 7, 2008 and May 8, 2008. These turning movement counts were adjusted for peak season traffic conditions based on the information contained within the 2007 Peak Season Factor Category spreadsheet within the 2007 FDOT Traffic Information CD as can be found in the Appendix of this document. The January 8, 2008 count was adjusted by a peak season correction factor of 1.12 while the May 7th and May 8`h counts were adjusted by a peak season correction factor of 1.17. The turning movement count results can be found within the Appendix of this document for reference. Additionally, a graphical representation of the 2008 peak season turning movement counts is shown in Figure 2. A peak hour factor (PHF) was calculated based on the results of the turning movement counts performed at the various intersections. The appropriate PHF's will be utilized throughout the remainder of the intersection analysis. A separate PHF was calculated for each intersection based on both the AM and PM peak hours in accordance with the calculation indicated below for Airport Pulling Road and Orange Blossom Road in the AM peak hour. PHF = Highest Hourly Volume 4 * Highest 15 Minute Volume 2,999 vehicles _ 2,999 vehicles PHF,M = 4 * 790 vehicles 3,160 vehicles PHF,,M = 0.949 In addition to the peak hour factor, a 2% truck percentage was assumed in order to account for heavy vehicles at the intersection. Table 1 indicates the resultant peak hour factors and the truck percentage utilized at each intersection as a part of the proposed analysis. Table I PHF & Truck % Airport Pulling Road Oran a Blossom Drive Intersection Improvements yq i }ii .t,. a ' LE; -.R14i � TIES ;. Airport Pulling Rd @ Old 0.926 0.893 2% Groves Rd/Emerald Lakes Dr Airport Pulling Rd @ Orange 0.949 0.979 a 2 /o Blossom Dr Airport Pulling Rd @ J &C 0.962 0.861 2% Blvd/Fountain View Cir Mr. Michael Greene TRANSPORTATION Collier County Transportation Planning Airport Pulling Rd @ Orange Blossom Dr Improvements CONSULTANTS, INC. September 10, 2008 Page 5 Future Development Traffic In order to determine the 2013 buildout turning movements at the subject intersection, the projected traffic to be generated as a part of the various developments in the vicinity of the Airport- Pulling Road/Orange Blossom Drive intersection was combined based on the information contained within the Traffic Impact Studies obtained for each project. The various projects for which the traffic was accounted can be found within Figure 1 contained previously in this document. A brief description of each development and the approved parameters associated with those developments are included below, listed from west to east. Savannah Place RPUD is a 6.82 -acre parcel located on the south side of Orange Blossom Drive approximately % mile to the west of Airport Pulling Road. This development is currently being reviewed for a potential re- zoning that would allow for up to 20 single family dwelling units. The TIS performed for this re- zoning application by Q. Grady Minor & Associates, PA was obtained in order to account for the traffic generated as a result of this development. Attached in the Appendix of this document is ppb�i�g- -deetii�ertatisn- s�ebi -as -thy trip= ger�e�atio-r�nd #- i�= c�s�- rik�ie��tai�ea - within the re- zoning TIS for the Savannah Place RPUD. This information was utilized in order to perform an assignment of the Savannah Place RPUD trips to the subject intersection as well as the signalized intersection on Airport Pulling Road to the north and south of Orange Blossom Drive. Access to Orange Blossom Drive was shown via a `-- single, full access location along the frontage of the Savannah Place RPUD. Figure 3 was created to illustrate the Savannah Place RPUD traffic accounted for at the area intersections as a part of the proposed needs analysis at the Airport Pulling Road/Orange Blossom Drive intersection. Italian American Plaza & Clubhouse District is a 5 -acre parcel located in the southwest corner of the intersection of Airport Pulling Road and Orange Blossom Drive. This development is currently being reviewed for a potential Comprehensive Plan Amendment that would allow for a 20,000 square foot fraternal lodge /organization, 22,500 square feet of general office space, 7,500 square feet of medical office space, and a 4,000 square foot drive -in bank. TR Transportation Consultants performed the TIS for this Comprehensive Plan Amendment. As such, the trip generation projections from the TIS for the Italian American Plaza & Clubhouse District have been attached in the Appendix of this document for reference. Access to the subject property was proposed via two (2) locations. An existing full access to Orange Blossom Drive was shown in addition to a right - in/right -out access to Airport Pulling Road via a cross access through a neighboring parcel to the south of the subject site. Figure 4 has been created to illustrate the Italian American Plaza & Clubhouse District traffic at the area intersections analyzed as a part of this needs analysis Airport Road /Orange Blossom Commercial Subdistrict is a 5 -acre parcel located on the west side of Airport Pulling Road to the south of the Italian American Plaza & �- Clubhouse District. This development is currently being reviewed for a potential 0 Q �C Q �V ♦20 %—I♦ J&C BOULEVARD -0-5%-0- z a 0 ° �0 0 35% N4 a "a �0 (0) O O .4-0(0) + y 10 (0) (0) 01' �1 l (0) 0-0- OmO (0)0-. Oc¢O 35% k o (0) o t-0 (0) 4-1 i �► r 0 (0) (4) 41 (0)a', aN� (a) 0 p • N 300% a -4-0(o) —co e41 (33),j L L, r5 �14) 16-:�r` ^r N � I___ — — — (36) 8 f (10) 3 Noo (0) 0 Sao N E ♦- 10 %--► FOUNTAIN VIEW CIRCLE I.Toya ME" -7 oi h � k "orma LEGEND 4-20 %♦ PERCENT DISTRIBUTION f-- 000 WEEKDAY AM PEAK HOUR TRAFFIC �. ` -(000) WEEKDAY PM PEAK HOUR TRAFFIC ITALIAN AMERICAN PLAZA AND CLUBHOUSE DISTRICT TRANSPORTATION NET NEW SITE TRAFFIC ASSIGNMENT CONSULTANTS, INC. ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 4 N� N O 41/+ 7 8 ` N E ♦- 10 %--► FOUNTAIN VIEW CIRCLE I.Toya ME" -7 oi h � k "orma LEGEND 4-20 %♦ PERCENT DISTRIBUTION f-- 000 WEEKDAY AM PEAK HOUR TRAFFIC �. ` -(000) WEEKDAY PM PEAK HOUR TRAFFIC ITALIAN AMERICAN PLAZA AND CLUBHOUSE DISTRICT TRANSPORTATION NET NEW SITE TRAFFIC ASSIGNMENT CONSULTANTS, INC. ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 4 w O �C9 0 -4-15%-0- J&C BOULEVARD z CW*E z -, F d o Q N.T.S. 35% iJ ONO- k ° (0) 4-0(0) (0) 0.1 t � GC' PO (0) 0-10. o rn o �O (0) 01 4 355% i 4 30% o°co°o k0 (0) o m o -4-0(0) �i '0(0) (0) ° JL t /* (0) 0-� N (°) 0 O y0 �N v 4-0(0) /-41(36) (0) 0-►14N r► (11) 14� ♦20 %♦ FOUNTAIN VIEW CIRCLE 0 ti `V o k k0 (0) 4-8(7) cfl o 'r 11 (8) (45) 9 (26) (3-0, N NOO (0) 0 0 0 0 N co .e.� LEGEND -4-20%-*- PERCENT DISTRIBUTION --- 000 WEEKDAY AM PEAK HOUR TRAFFIC ®- -(000) WEEKDAY PM PEAK HOUR TRAFFIC AIRPORT ROAD/ ORANGE BLOSSOM COMMERCIAL SUBDISTRICT TRANSPORTATION NET NEW SITE TRAFFIC ASSIGNMENT CONSULTANTS, INC. ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 5 0 �co O f-10% -► BOULEVARD ♦ 5% -► z J J d 0 0 Q CL 0 *Q rr 1 40% J ono ko (0) I ♦ `► r 0 (0) (0) 01 (0) 0ra�(a) a.o s 400 t 400% ono 5¢ 0 by C o —Co" ♦2 (12) m vcD *13 (4) rl, ♦0 (0) `►r0(0) 5% (5) 4 -' 4% t f+ (0) 0 C4 (a) 0 a ._° vN v v 300% 9 (49) (9)7-0- O °N (0) 0 0 0 (105)72--- (0)0-10. ORANGE BLOSSOM ♦ 10% -101- ROAD FOUNTAIN VIEW CIRCLE LEGEND ♦20 %♦ PERCENT DISTRIBUTION /- 000 WEEKDAY AM PEAK HOUR TRAFFIC ♦(000) WEEKDAY PM PEAK HOUR TRAFFIC LONGVIEW CENTER PUD NORTH PARCEL TRANSPORTATION SITE TRAFFIC ASSIGNMENT CONSULTANTS, INC. ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 7 c z::, `n co ;v f N $ (12) -\*A 0 (0) (105)72--- (0)0-10. ORANGE BLOSSOM ♦ 10% -101- ROAD FOUNTAIN VIEW CIRCLE LEGEND ♦20 %♦ PERCENT DISTRIBUTION /- 000 WEEKDAY AM PEAK HOUR TRAFFIC ♦(000) WEEKDAY PM PEAK HOUR TRAFFIC LONGVIEW CENTER PUD NORTH PARCEL TRANSPORTATION SITE TRAFFIC ASSIGNMENT CONSULTANTS, INC. ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 7 Mr. Michael Greene TRANSPORTATION Collier County Transportation Planning Airport Pulling Rd @a Orange Blossom Dr Improvements CONSULTANTS, INC. September 10, 2008 Page 13 Greek Orthodox Church is a vacant parcel on the north side of Orange Blossom Drive on the eastern boundary of the Longview Center development previously discussed within this document. Based on potential development parameters for the site, it was assumed to consist of a maximum of 20 multi - family dwelling units. Currently, a TIS has not been performed for this future development. As such, trip generation calculations were performed based on Land Use Code 230 (Residential Condominium/Townhouse) within the ITE Trip Generation Report; 7rh Edition. Table 2 reflects the trip generation of the potential development. Table 2 Trip Generation Greek Orthodox Church Parcel Access to the site was assumed via a single location to Orange Blossom Drive. Figure 9 reflects the distribution utilized for the analysis as well as the site traffic assignment to the various intersections studied as a part of this document. Westminster is a currently vacant parcel on the north side of Orange Blossom Drive on the eastern boundary of the Greek Orthodox Church parcel previously discussed within this document. The Developer of the Westminster development is currently in the process of gathering the necessary data to submit a PUD re- zoning application on the site. The PUD re- zoning will propose a 415 unit Continuing Care Retirement Community (CCRC) on the subject site. Currently, a TIS has not been performed for this future development. As such, trip generation calculations were performed based on Land Use Code 255 (CCRC) within the ITE Trip Generation Report, 7rh Edition. Table 3 reflects the trip generation of the potential development. Table 3 Trip Generation Westminster PTTD _F_1 fi Ski91� 6 it F WPM i Access to the site was assumed via a single location to Orange Blossom Drive. Figure 10 reflects the distribution utilized for the analysis as well as the site traffic assignment to the various intersections studied as a part of this document. �i 0 4� v O ^�v ♦20°!0♦ J &C BOULEVARD 0 z_ J J D I )N Jk l o (11 ORANGE BLOSSOM �� ROAD d (44) 38 } -*-20%-)'- F- (0)0♦ ry 00 Q O Q ry 30% k0 o %o (0) � ♦ o 0 (0) 4) + Qr (0)01"N l� (0) 0-10'. oaoo (o)a� atio pp0 5¢ 0 T 30% Z8 0 0 (17) 0 0 �2: -4-5(12) 4)+% ` ► r9`(18) I )N Jk l o (11 ORANGE BLOSSOM �� ROAD (0) 01 4 (44) 38 } -*-20%-)'- (11) 10 (0)0♦ (0) 0 o o ^ t 30% i a E o "'-o (0) o 1-4- C) (0) \-► ra (0) (0) 0 (0) 0-►. ° (0)0N FOUNTAIN VIEW CIRCLE LEGEND ♦20 %--0- PERCENT DISTRIBUTION 4-- 000 WEEKDAY AM PEAK HOUR TRAFFIC *-(000) WEEKDAY PM PEAK HOUR TRAFFIC N \ W E S N.T.S. WESTMINSTER TRANSPORTATION SITE TRAFFIC ASSIGNMENT CONSULTANTS, INC. ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 10 O �P O ^Pv J &C BOULEVARD O z J J a a- o Lf a 0 Q ly- C) N o 40 (0) . �ro(o) (0)0��'t' (0)0♦ ocoo (0) 0� o rn rn OPO S� 0 OHO —a . V co N NNr Lo =o = k84 (203) 1 60 1(1176) (110) 41 (77)45-* 'ATf � ° o �..�N T .,N ccn'4 12 (18) r v " -4-0 (0) r co ir, + 0 (0) (33) 21 (0) 0 ♦ ° i ° (0) 0.� o o FOUNTAIN VIEW CIRCLE LEGEND 4 000 WEEKDAY AM PEAK HOUR TRAFFIC ♦(000) WEEKDAY PM PEAK HOUR TRAFFIC ROAD �j TRANSPORTATION DEVELOPMENT TRAFFIC SUMMARY fl CONSULTANTS INC. ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS F1 ure 11 J&C BOULEVARD O z d F- x a Q 9� O Q of (220) 116 -' A T f' (490) 310 -► j 7 ;° -m (354) 251 --�' r °' v Nr 'I' cV O r to vT; N N M 6 r co �� rn_ ll__ M_ (338) 159./ (10) 4-4 (226) 120 -N k43 (38) ,4-8(4) _,e- 54 (42) N + t* NO° u') co M ro� � r � 00 r pP0 S� G� N \ W E S N.T.S. ORANGE BLOSSOM ROAD FOUNTAIN VIEW CIRCLE LEGEND ♦ 000 WEEKDAY AM PEAK HOUR TRAFFIC ♦(000) WEEKDAY PM PEAK HOUR TRAFFIC TRANSPORTATION 2013 BACKGROUND TURNING MOVEMENTS CONSULTANTS, INC.ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 12 M M N_ T �cn� t34 (32) ° ♦14(14) 1 j 107 (117) • J 8 �► p. (778) 62 O� (8)2 -►- �� (57)71 rO� ° v� Ov v co .- C\ c0 ' M N o r- °' 103 (133) (o °� ♦220 (146) r J j k. r 371 (186) (220) 116 -' A T f' (490) 310 -► j 7 ;° -m (354) 251 --�' r °' v Nr 'I' cV O r to vT; N N M 6 r co �� rn_ ll__ M_ (338) 159./ (10) 4-4 (226) 120 -N k43 (38) ,4-8(4) _,e- 54 (42) N + t* NO° u') co M ro� � r � 00 r pP0 S� G� N \ W E S N.T.S. ORANGE BLOSSOM ROAD FOUNTAIN VIEW CIRCLE LEGEND ♦ 000 WEEKDAY AM PEAK HOUR TRAFFIC ♦(000) WEEKDAY PM PEAK HOUR TRAFFIC TRANSPORTATION 2013 BACKGROUND TURNING MOVEMENTS CONSULTANTS, INC.ORANGE BLOSSOM ROAD INTERSECTION IMPROVEMENTS Figure 12 Mr. Michael Greene TRANSPORTATION Collier County Transportation Planning Airport Pulling Rd @ Orange Blossom Dr Improvements CONSULTANTS, INC. September 10, 2008 Page 21 Based on the attached plan, both the eastbound approach and the westbound approach to Airport Pulling Road on Orange Blossom Drive will consist of dual left turn lanes, a single through lane, and a separate right turn lane. A preliminary cost estimate was also created in order to reflect the potential costs necessary to perform the intersection improvements currently projected as a part of this analysis. This cost estimate has been attached to the end of this document for reference. Upon Staff approval of the projections contained within this document, the SYNCHRO files will be finalized, and a final report will be completed. At such time, another meeting will be held with Staff to go through the finalized SYNCHRO model in order to discuss the necessary improvements. Should you have any questions or concerns about the data contained within this document, please do not hesitate to contact me. Appendix /Attachments APPENDIX TRANSPORTATION CONSULTANTS, INC. DATE: May 7, 2008 DAY: WEDNESDAY COUNT TIME: 7;00 AM - 5:00 AM PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) PEAK HOUR SUMMARY HOUR HOUR 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENT INTER - OLD GROVES ROAD I EMERALD LAKE DRIVE INTER - BEGIN NORTHBOUND SOUTHBOUND - - - - - - - OAD- & -OL-D- GROVES- ROAD- I- E-ME-RAL-D- LAKE - DRIVE AIRPORT PULLING ROAD & OLD GROVES ROAD I EMERALD LAKE DRIVE LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL AIRPORT PULLING ROAD TOTAL LEFT THRU RIGHT OLD GROVES ROAD I EMERALD LAKE DRIVE AIRPORT PULLING INTER - 15 MIN 988 11 NORTHBOUND HOUR BOUND NORTHBOUND 109 EASTBOUND EASTBOUND, WESTBOUND SECTION BEGIN LEFT THRU RIGHT TOTAL �THRU LEFT RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:00 AM 13 125 1 139 0 232 2 234 4 1 18 23 7 3 2 12 409 7:15 AM 5 168 6 179 1 198 1 200 6 0 5 11 19 1 6 26 416 7:30 AM 9 165 7 181 1 246 5 252 9 0 7 16 24 2 5 31 4B0 7:45 AM 21 225 8 254 3 321 3 327 13 2 10 25 29 2 9 40 646 B:DD AM 25 206 7 238 0 234 5 239 17 0 4 21 30 4 9 43 541 8:15 AM 22 231 6 259 3 279 14 295 9 0 26 35 11 3 2 16 605 8:30 AM 24 208 5 237 2 295 11 308 11 0 17 28 17 3 8 28 601 8:45 AM 27 210 13 250 4 302 1D 316 13 1 20 34 1 30 4 6 40 640 TOTAL• 146 1,538 53 1,737 14 2,107 51 2,172 82 4 107 193_jl 167 22 47 236 1 4,338 PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) PEAK HOUR SUMMARY HOUR HOUR HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS INTER - OLD GROVES ROAD I EMERALD LAKE DRIVE INTER - BEGIN NORTHBOUND SOUTHBOUND - - - - - - - OAD- & -OL-D- GROVES- ROAD- I- E-ME-RAL-D- LAKE - DRIVE WESTBOUND SECTION TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL AIRPORT PULLING ROAD OLD GROVES ROAD I EMERALD LAKE DRIVE 988 11 INTER - HOUR 1,170 NORTHBOUND 109 SOUTHBOUND EASTBOUND, WESTBOUND SECTION BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT I TOTAL TOTAL 7:00 AM 48 683 22 753 5 997 11 1,013 32 3 40 75 79 8 22 109 1,950 7:15 AM 60 764 28 052 5 999 14 1,018 45 2 26 73 102 9 29 140 2,083 7:30 AM 77 827 28 932 7 1,OBD 27 1,114 48 2 47 97 94 11 25 130 2,273 7:45 AM 92 870 26 988 8 1,129 33 1,170 50 2 57 109 87 12 28 127 2,394 8:00 AM 98 855 31 984 9 1,110 40 1,159 50 1 67 118 88 14 25 127 2,388 PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) PEAK HOUR SUMMARY HOUR HOUR AIRPORT PULLING ROAD INTER - OLD GROVES ROAD I EMERALD LAKE DRIVE INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:45 AM 92 B70 26 988 11 B 1,129 33 1,170 50 2 57 109 87 12 28 127 2,394 PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) HOUR AIRPORT PULLING ROAD OLD GROVES ROAD I EMERALD LAKE DRIVE INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:45 AM 703 974 29 1 1,107 9 1,264 37 1,310 N 56 2 64 122 97 13 31 142 2,661 TRANSPORTATION CONSULTANTS, INC. DATE: May 7, 2008 DAY: WEDNESDAY COUNT TIME: 4:00 PM - 6:00 PM 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS AIRPORT PULLING ROAD & OLD GROVES ROAD / EMERALD LAKE DRIVE PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) PEAK HOUR SUMMARY AIRPORT PULLING ROAD OLD GROVES ROAD! EMERALD LAKE DRIVE INTER - HOUR NORTHBOUND NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND OLD GROVES ROAD i EMERALD LAKE DRIVE TOTAL INTER- 81 1,451 64 1,596 34 997 15 MIN 2,909 OLD GROVES ROAD i EMERALD LAKE DRIVE LEFT THRU RIGHT SOUTHBOUND TOTAL 5.00 PM EASTBOUND AkRPORT PULLING ROAD WESTBOUND WESTBOUND SECTION BEGIN HOUR NORTHBOUND EASTBOUND LEFT THRU RIG H7 TOTAL LEFT THRU RIGHT TOTAL TOTAL RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 719 733 54 LEFT THRU RIGHT TOTAL LEFT THRU 20 1 102 16 90 9 23 23 4 4 31 9 6 51 4:00 PM 17 335 19 371 7 262 11 280 4:15 PM 14 334 26 374 9 267 2 278 18 3 68 10 39 115 95 12 26 36 1 6 29 681 4:30 PM 14 334 20 368 11 229 10 250 19 4 22 5 4 39 662 4:45 PM 17 310 14 341 22 218 10 250 20 6 3D 1 9 24 721 5:00 PM 9 361 22 392 3 258 11 272 20 1 ]1233 14 2 4 5:15 PM 26 419 18 463 17 267 6 292 16 2 24 5 9 667 5:30 PM 23 332 10 365 - 6 T23 6 235 12 1 30 4 35 707 339 14 376 8 249 9 266 15 2 27 206 4 31 46 283 5,704 143 2,764 143 3,050 83 1,973 67 2,123 140 20 PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS OLD GROVES ROAD! EMERALD LAKE DRIVE INTER - HOUR NORTHBOUND NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECMN AIRPORT PULLING ROAD & OLD GROVES ROAD I EMERALD LAKE DRIVE LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 5:00 PM 81 1,451 64 1,596 34 997 34 1,065 63 6 46 115 95 12 2fi 133 2,909 OLD GROVES ROAD i EMERALD LAKE DRIVE LEFT THRU RIGHT INTER - TOTAL 5.00 PM 1,625 72 AkRPORT PULLING ROAD 1 1,193 WESTBOUND 129 11 SECTION HOUR SOUTHBOUND EASTBOUND LEFT THRU RIG H7 TOTAL LEFT THRU RIGHT TOTAL TOTAL NORTHBOUND BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL 49 976 33 1,058 77 14 42 133 111 19 20 150 25 143 4:00 PM 62 1,313 79 1,454 4:15 PM 54 1,339 82 1,475 45 972 33 1,050 77 14 35 129 128 102 16 90 9 23 122 L2, 4:30 PM 6fi 1,424 74 1,564 53 972 39 1,064 75 13 40 117 98 13 26 137 4;45 PM 75 1,422 64 1,561 48 966 35 1,049 68 10 39 115 95 12 26 133 5:00 PM 81 1,451 fi4 1,596 34 997 34 1065 63 6 46 PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) PEAK HOUR SUMMARY AIRPORT PULLING ROAD OLD GROVES ROAD! EMERALD LAKE DRIVE INTER - HOUR NORTHBOUND NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECMN BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 5:00 PM 81 1,451 64 1,596 34 997 34 1,065 63 6 46 115 95 12 2fi 133 2,909 PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) AIRPORT PULLING ROAD OLD GROVES ROAD I EMERALD LAKE DRIVE INTER - HOUR NORTHBOUND SOUTHBOUND ir EASTSOUND WESTBOUND SECTION BEGIN ffLEFT THRU R IGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TDTAL TOTAL 5.00 PM 1,625 72 1,788 38 1,117 38 1 1,193 71 7 52 129 11 106 13 29 149 3,258 TRANSPORTATION CONSULTANTS, INC. DATE: January 8, 2008 DAY: TUESDAY COUNT TIME: 7:00 AM - 9:00 AM PEAK HOUR SUMMARY HOUR AIRPORT ROAD ORANGE BLOSSOM ROAD 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION EASTBOUND LEFT THRU RIGHT TOTAL LEFT THRU RIGHT AIRPORT ROAD & ORANGE BLOSSOM ROAD TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:30 AM 88 662 72 1 822 N 31 1,065 124 1,220 81 .216 175 AIRPORT ROAD ORANGE BLOSSOM ROAD 0 2,999 ORANGE BLOSSOM ROAD INTER - 95 253 205 INTER - 15 MIN 567 NORTHBOUND EASTBOUND SOUTHBOUND WESTBOUND EASTBOUND WESTBOUNDi THRU SECTION BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT I TOTAL TOTAL 7:00 AM 37 146 26 209 6 248 14 268 9 23 102 134 52 16 11 79 690 7:15 AM 23 t49 17 189 4 236 18 258 10 43 39 92 63 25 15 103 642 7:30 AM 19 150 22 191 11 255 26 3D4 16 75 43 134 61 28 11 100 729 7:45 AM 15 153 15 183 11 292 23 326 13 74 35 122 75 38 22 135 766 8:00 AM 24 196 17 237 7 251 33 291 34 42 43 119 70 49_ 24 143 790 9:15 AM 30 163 18 211 2 257 40 299 18 25 54 97 53 39 15 107 714 8:30 AM 27 155 13 195 15 282 37 334 21 31 33 85 38 50 11 99 713 8:45 ALA 33 142 5 180 B 259 34 301 27 30 51 106 41 24 11 76 665 TOTAL: 208 1,254 133 1,595 64 2,090 227 2,3B1 148 343 400 691 453 269 120 842 5,709 PEAK HOUR SUMMARY HOUR AIRPORT ROAD ORANGE BLOSSOM ROAD HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION EASTBOUND LEFT THRU RIGHT TOTAL LEFT THRU RIGHT AIRPORT ROAD & ORANGE BLOSSOM ROAD TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:30 AM 88 662 72 1 822 N 31 1,065 124 1,220 81 .216 175 ROAD ORANGE BLOSSOM ROAD 0 2,999 36 1,246 145 1 INTER - 95 253 205 j 552 NORTHBOUND 567 SOUTHBOUND EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL P15AIRPORT 94 598 80 772 32 1,D41 83 1,156 48 215 219 482 251 107 59 417 2,827 8i 648 71 800 33 1,044 702 1,179 73 234 160 467 269 140 72 461 2,927 68 662 72 822 31 1,065 124 1,220 81 215 175 472 259 154 72 485 2,999 96 667 63 B26 35 1 082 133 1,250 86 172 165 423 236 176 72 484 2,983 174 656 53 823 32 1,049 144 1,225 100 128 181 409 202 162 61 425 2,682 PEAK HOUR SUMMARY HOUR AIRPORT ROAD ORANGE BLOSSOM ROAD INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION EASTBOUND LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:30 AM 88 662 72 1 822 N 31 1,065 124 1,220 81 .216 175 1 472 259 154 72 1 485 0 2,999 PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.17 ) HOUR AIRPORT ROAD ORANGE BLOSSOM ROAD INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION LEFT THRU RIGHT TDTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7 :30 AM 703 775 84 962 36 1,246 145 1 1,427 95 253 205 j 552 303 180 84 567 3,509 TRANSPORTATION CONSULTANTS, INC. DATE: January 8, 2008 DAY: TUESDAY COUNT TIME: 4:00 PM - 6:00 PM PEAK HOUR SUMMARY PEAK SEASON, PEAK HOUR SUMMARY {PSCF = 1 -17 ) ORANGE BLOSSOM ROAD 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS AIRPORT ROAD ORANGE BLOSSOM ROAD INTER - HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION AIRPORT ROAD & ORANGE BLOSSOM ROAD LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:45 PM 235 1,482 406 2,123 71 975 107 1,153 154 342 247 1 743 130 102 93 1 325 ORANGE BLOSSOM ROAD 275 1,734 475 2,484 INTER - HOUR 1 1130 400 289 869 152 i19 109 AIRPORT ROAD SOUTHBOUND EASTBOUND AIRPORT ROAD WESTBOUND SECTION BEGIN SECTION 15 MIN NORTHBOUND SOUTHBOUND EASTBOUND LEFT THRU RIGHT TOTAL TOTAL BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL 80 82 994 4,091 4:00 PM 194 84 446 9 274 30 313 35 53 67 155 47 20 13 80 299 4:OD PM 42 320 1,445 35 97 50 172 43 25 19 87 1,029 4:15 PM 55 351 69 475 14 256 25 295 72 57 171 23 19 23 65 1'056 4:30 PM 43 357 95 495 19 244 22 285 42 51 146 24 15 27 67 1, 4:45 PM 54 370 88 512 22 279 26 327 37 58 57 i89 34 29 17 80 1 ,083 5:00 PM 50 357 137 554 14 227 19 260 41 91 32 20 28 80 1,100 5:15 PM 64 406 67 537 18 240 33 291 39 90 63 192 40 37 21 98 1,109 5:30 PM 67 339 114 520 17 229 29 275 37 103 76 216 1 3l 25 21 77 1,031 5:45 PM 49 329 96 475 11 263 22 296 34 81 68 183 635 489 1,424 274 141 169 634 8,414 TOTAL: 423 2,839 752 4,014 124 2,012 206 2,342 300 PEAK HOUR SUMMARY PEAK SEASON, PEAK HOUR SUMMARY {PSCF = 1 -17 ) ORANGE BLOSSOM ROAD HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS AIRPORT ROAD ORANGE BLOSSOM ROAD INTER - HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION AIRPORT ROAD & ORANGE BLOSSOM ROAD LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:45 PM 235 1,482 406 2,123 71 975 107 1,153 154 342 247 1 743 130 102 93 1 325 ORANGE BLOSSOM ROAD 275 1,734 475 2,484 INTER - HOUR 1 1130 400 289 869 152 i19 109 AIRPORT ROAD SOUTHBOUND EASTBOUND WESTBOUND SECTION BEGIN NORTHBOUND THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL LEFT THRU R IGHT TOTAL LEFT 149 270 225 644 137 80 82 299 4,091 4:00 PM 194 1,398 336 1,928 64 1,053 103 1,220 155 308 215 578 124 69 86 299 4,180 4:15 PM 202 1,445 389 2,036 69 1,006 92 1,167 159 311 22B 698 113 64 95 292 4.251 4:30 PM 211 1,5DO 387 2,098 73 990 100 1,163 107 1,153 154 342 247 743 130 102 93 325 4,344 4:45 PM Z35 1,482 406 2,123 71 975 103 1,122 151 365 264 780 137 111 87 335 - 4,323 5:00 PM 229 1,441 416 2,086 60 959 PEAK HOUR SUMMARY PEAK SEASON, PEAK HOUR SUMMARY {PSCF = 1 -17 ) ORANGE BLOSSOM ROAD INTER - AIRPORT ROAD ORANGE BLOSSOM ROAD INTER - HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:45 PM 235 1,482 406 2,123 71 975 107 1,153 154 342 247 1 743 130 102 93 1 325 4,344 PEAK SEASON, PEAK HOUR SUMMARY {PSCF = 1 -17 ) AIRPORT ROAD ORANGE BLOSSOM ROAD INTER - HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION BEGIN LEFT THRU RIGHT TOTAL IG LEFT THRU RHT I TOTAL11 LEFT THRU RIGHT TOTAL LEFT THRU RIGHT I TOTAL TOTAL 4:45 PM 275 1,734 475 2,484 83 1,141 125 1,349 1 1130 400 289 869 152 i19 109 380 5,082 TRANSPORTATION CONSULTANTS, INC. DATE: May 8, 2008 DAY: THURSDAY COUNT TIME: 7:00 AM • 9:00 AM PEAK HOUR SUMMARY HOUM13 HOUR 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION AIRPORT PULLING ROAD & FOUNTAIN VIEW CIRCLE / J AND C BOULEVARD LEFT THRU RIGHT TOTAL I LEFT THRU RIGHT TOTAL AIRPORT PULLING ROAD AIRPORT PULLING ROAD ( J AND C BOULEVARD 1 i3OD4 FOUNTAIN VIEW CIRCLE I J AND C BOULEVARD UR INTER - 15 MIN 2,421 NORTHBOUND EASTBOUND SOUTHBOUND WESTBOUND 95 EASTBOUND WESTBOUND LEFT SECTION BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:00 AM 25 198 7 230 0 294 35 329 8 2 12 42 7 1 11 19 620 7:15 AM 21 155 0 176 2 276 19 297 F27 0 17 44 6 0 7 13 530 7:30 AM 44 184 3 231 2 216 61 2B1 8 1 15 54 8 3 10 21 587 7:45 AM 32 202 6 240 1 252 39 292 9 0 19 48 11 5 7 23 603 8:00 AM 25 203 4 232 5 233 43 281 31 2 20 53 10 1 8 19 585 8:15 AM 39 228 8 275 2 219 38 259 31 1 18 50 11 0 9 20 604 8 :30 AM 27 224 6 257 3 230 37 270 38 1 40 79 12 0 11 23 629 8:45 AM 43 214 5 262 2 206 42 250 30 2 37 69 13 1 4 18 599 TOTAL: 256 1.603 39 1,903 17 1,928 314 2,259 252 9 178 1 439 1 78 11 67__L_156 4,757 PEAK HOUR SUMMARY HOUM13 HOUR HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION AIRPORT PULLING ROAD & FOUNTAIN VIEW CIRCLE I J AND C BOULEVARD LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL I LEFT THRU RIGHT TOTAL AIRPORT PULLING ROAD FOUNTAIN VIEW CIRCLE ( J AND C BOULEVARD 1 i3OD4 INTER - UR 230 NORTHBOUND 2,421 SOUTHBOUND EASTBOUND 1 258 WESTBOUND 95 SECTION GIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 0 AM [7:3'0 122 739 16 877 5 1,040 754 1,199 122 3 63 18B 32 9 35 76 2,340 5 AM 122 744 13 879 10 979 162 1,151 125 3 71 199 35 9 32 76 2,305 AM 140 B17 21 97B 10 922 181 1,113 129 4 72 205 40 9 34 83 2,379 5 AM 123 B57 24 1,004 11 934 157 1,102 129 4 97 230 44 6 35 65 2,421 0 AM 134 669 23 1,026 12 888 160 1.050 130 6 115 251 46 2 32 80 2,417 PEAK HOUR SUMMARY HOUM13 HOUR AIRPORT PULLING ROAD FOUNTAIN VIEW CIRCLE I J AND C BOULEVARD INTER - BEGIN NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION WESTBOUND LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL I LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:45 AMR 123 857 24 1 i3OD4 11 11 934 157 1,102 1 129 4 97 230 44 6 35 BS 2,421 PEAK SEASON, PEAK FLOUR SUMMARY (PSCF = 1.12 ) HOUM13 AIRPORT PULLING ROAD FOUNTAIN VIEW CIRCLE / J AND C BOULEVARD INTER - BEGINORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 7:45 A960 27 1 1,124 R 12 1,046 176 1,234 144 4 109 1 258 49 7 39 95 2,712 TRANSPORTATION �- CONSULTANTS, INC. DATE: May 8, 2008 DAY: THURSDAY COUNT TIME: 4:00 PM - 6:00 PM 15 MINUTE SUMMARY OF INDIVIDUAL MOVEMENTS AIRPORT PULLING ROAD & FOUNTAIN VIEW CIRCLE I J AND C BOULEVARD cn n.iTAw VIEW CIRCLE! J AND C BOULEVARD 1SMlN BEGIN I 118 NORTHBOUND 2 LEFT SOUTHBOUND THRU RIGHT TOTAL LEF LEFT THRU RIGHT TOTAL 4:00 PM 24 372 10 4D6 11 265 38 314 69 4:15 PM 15 328 16 359 B 219 23 250 70 4:30 PM 18 370 7 395 10 239 10 259 80 4:45 PM 14 358 7 389 7 246 20 273 74 5:00 PM 11 331 9 351 10 225 9 244 67 5:15 PM 10 480 12 502 11 331 24 366 57 5:30 PM 4 427 9 440 18 267 19 304 75 5:45 PM 8 345 18 371 1 13 259 23 295 68 -Ai . Ind 3 n21 8B 3,213 88 2,051 166 2,305 561 0 49 118 B 2 5 15 1 47 118 9 1 8 18 2 52 134 8 1 4 13 1 49 124 6 3 7 16 3 46 116 10 0 6 16 3 45 105 6 1 8 15 1 43 119 12 0 9 21 2 44 114 4 0 4 8 13 375 948 63 B 51 1 12: INTER- SECTION TOTAL 853 745 801 802 727 988 884 PEAK HOUR SUMMARY HOURLY SUMMARY OF INDIVIDUAL MOVEMENTS AIRPORT PULLING ROAD FOUNTAIN VIEW CIRCLE 1 J AND C BOULEVARD FOUNTAIN VIEW CIRCLE 1 J AND C BOULEVARD HOUR NORTHBOUND SOUTHBOUND EASTBOUND AIRPORT PULLING ROAD & FOUNTAIN VIEW CIRCLE I J AND C BOULEVARD SECTION R BEGIN LEFT THRll RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL4:45 FOUNTAIN VIEW CIRCLE f J AND C BOULEVARD LEFT INTER - 72 68 AIRPORT PULLING ROAD WESTBOUND 4:45 PM 44 SECTION HOUR 1 52 1,197 81 NORTHBOUND SOUTHBOUND EASTBOUND RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU 7 24 62 3,201 4:00 PM 71 1,438 40 1,549 35 969 91 1,096 293 4 i97 494 31 492 33 5 25 63 3,075 4:15 PM 55 1,397 39 1,494 35 929 52 1,026 291 7 194 479 30 5 25 60 3,318 4:30 PM 53 1,549 35 1,637 38 1,041 63 1,142 278 9 192 464 34 4 30 68 3,401 4:45 PM 39 1,605 37 1,682 46 1,069 72 1,187 273 B 183 178 454 32 1 27 6D 3,367 5,00 PM 33 1,583 48 1,664 52 1,082 75 1,209 267 9 PEAK HOUR SUMMARY AIRPORT PULLING ROAD FOUNTAIN VIEW CIRCLE 1 J AND C BOULEVARD FOUNTAIN VIEW CIRCLE 1 J AND C BOULEVARD HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION R BEGIN LEFT THRll RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL4:45 BEGIN LEFT 39 1,606 37 1,682 46 1,069 72 68 PM PEAK SEASON, PEAK HOUR SUMMARY (PSCF = 1.12 ) AIRPORT PULLING ROAD FOUNTAIN VIEW CIRCLE 1 J AND C BOULEVARD INTER - HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND SECTION BEGIN LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL LEFT THRU RIGHT TOTAL TOTAL 4:45 PM 44 1,799 41 1 1,884 1 52 1,197 81 1 1,329 JI 306 9 205 1 520 3B 4 34 1 76 3,809 CD - PEAK SEASON CORRECTION FACTORS SUPPORTING DOCUMENTS FOR PLANNED DEVELOPMENTS TAKEN INTO ACCOUNT 1.0 INTRODUCTION The proposed Savannah Place RPUD is a request for Residential PUD zoning approval of approximately 6.82± acres for up to 20 Single Family dwelling units. The project site is located on the south side of Orange Blossom Drive approximately !z mile west of Airport Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida. For project location please refer to Figure 1, Location Map. The project will have a single entrance to be located on Orange Blossom Drive. Project build out is projected to be 2010. 2.0 SCOPE The following analyses are included in this report: 1. Trip Generation Calculations (at build out) presented For Peak Season Daily Traffic (PSDT) including the Respective Peak Hour Volumes. 2. Trip Assignment within the Radius of Development Influence (RDl). 3.0 TRIP GENERATION The 7th Edition Trip Generation published by the Institute of Transportation Engineers (ITE) is used for hip generation calculations provided in this report. Please refer to Tables 1 through 12. The trip generation for the previously approved use is estimated to be 87 trip ends for daily traffic volume, 12 trip ends during the AM peak hour and 12 trip ends for the PM peak hour. The trip generation for the proposed use is estimated to be 237 trip ends for daily traffic volume, 23 trip ends during the AM peak hour and 25 trip ends for the PM peak hour. This results in a net increase in trip generation of 150 trip ends for daily traffic volume, 11 trip ends during the AM peak hour and 13 trip ends for the PM peak hour. Please refer to the DISCUSSION section for details concerning the effects of these traffic volumes on the level of service for roadway links within the RDI. 4.0 TRIP ASSIGNMENT AND SIGNMCANCE TEST The project directional distribution of traffic to and from Savannah Place RPUD is presented on Figure 2 and Table 13. When traffic is distributed to the accessed, adjacent and subsequent links, trip generation volumes are below 2% of the service capacity of the surrounding roadways (see Table 14). No roads meet the significance test. F.\PROJ - PLANNING DOCS\Savannah Place PUD\SPUDR\Drafts \TRAFFIC IMPACT STATFMENT.doc - 2 - FIGURE 3 AM & PM peak Hour Flow by Direction F.\PRC)J - PLANNING DOCS\Sa—ab Piace PUD\SPUDR�Draft\TRAFFIC IMPACT STATEMENT-d- -6- TRANSPORTATION CONSULTANTS, INC. Table 1 Existing Allowable Use Italian American Plaza and Clubhouse District & Air a Blossom Commercial Subdistrict As a part of this submittal, the Growth Management Plan Amendment for the 5 -acre Italian American Club site will approve a maximum of 54,000 square feet of floor area - More specifically, the site will consist of a 20,000 square foot Italian American Club Chapter in addition to 34,000 square feet of commercial uses. The proposed Growth Management Plan Amendment on the Airport Road/Orange Blossom Commercial Subdistrict will allow a maximum of 40,000 square feet of commercial floor area on the OEM, .... o .o. e e e e �e• Growth Management Plan Amendments, the subject parcels were analyzed based on the uses indicated within Table 2. Table 2 Proposed Maximum Intensities Italian American Plaza and Clubhouse District & Airnort Road/Orange Blossom Commercial Subdistrict w^ u:�'iv� 1- �a ,�•� s. , ;. ' • <r Y'.3 Italian American Plaza and Clubhouse District Italian American Club 30 total dw As a part of this submittal, the Growth Management Plan Amendment for the 5 -acre Italian American Club site will approve a maximum of 54,000 square feet of floor area - More specifically, the site will consist of a 20,000 square foot Italian American Club Chapter in addition to 34,000 square feet of commercial uses. The proposed Growth Management Plan Amendment on the Airport Road/Orange Blossom Commercial Subdistrict will allow a maximum of 40,000 square feet of commercial floor area on the OEM, .... o .o. e e e e �e• Growth Management Plan Amendments, the subject parcels were analyzed based on the uses indicated within Table 2. Table 2 Proposed Maximum Intensities Italian American Plaza and Clubhouse District & Airnort Road/Orange Blossom Commercial Subdistrict w^ u:�'iv� 1- �a ,�•� s. , ;. ' • <r Y'.3 Italian American Plaza and Clubhouse District Italian American Club 20,000 square feet General Office 22,500 square feet Medical Office 7,500 square feet Drive -In Bank 4,000 square feet Total Floor Area 54,000s uare feet Airport Road /Orange Blossom Commercial Subdistrict General Office 6,000 square feet Medical Office 30,000 square feet Drive -In Bank 4,000 square feet Total Floor Area 40,000 square feet The Developer's of both subject parcels have agreed to provide vehicular interconnection between the two (2) sites in order to limit the required access points and provide better on -site traffic circulation. As such, a full site access driveway is shown to Orange Blossom Road along the western boundary of the Italian American Club site, and a right Page S TRANSPORTATION CONSULTANTS, INC. `-- Table 3 Existing Allowable Trip Generation Italian American Plaza and Clubhouse District & Airport Road /Orange Blossom ommercia1 uuut5 titC �'a eta "�€``C �`� J s 1°��L��i� RME err A C� �6- , t '� 1 C .y� � 4'�7h♦g,'� � +�y��F—lr R � t .� � sy � � lt. � AX' •� �ti !� �' � �,g3�.q� � ' �!� / _ F a i�i2� � _ 3,+�;PC � iY �j'Yj,1P / .�... i.a. r .Y.s �_ �+A�;; .� �` -.��..�� ••'' v '� �. Italian American Multi-Family 2 Club Site l'i Blossom Site (15 dwelling Total Tri p - --�__ - -- - t►� Table 4 indicates the trip generation of the proposed Italia_*, American Plaza and Clubhouse District based on the uses listed within Table 2. It should be noted that the average rate was utilized for the PM peak hour calculation for the General Office use and the daily calculation for the Medical Office use. Table 4 Italian American Plaza and Clubhouse District T3------A A/f,.;,,,,..n Trip (_PnPratian Table 5 indicates the trip generation of the proposed Airport Road/Orange Blossom Commercial Subdistrict in accordance with the uses listed within Table 2. It should be noted that the average rate was utilized for the PM peak hour trip generation calculation of the General Office use and the daily calculation of the Medical Office use. Page 7 MID Ig 1 K u Lodge/FraternalOrganization F37 3 6 9 9 18 174 (20,000 s . ft.) General Office 50 7 57 6 28 34 424 (22,500 s . ft.) Medical Office 15 4 19 8 20 28 270 (7,500 s . ft.) Drive -In Bank 28 21 49 91 92 183 986 (4,000 sq. ft.) 1 1 Total Trips 96 35 1 131 114 149 263 1 1,854 Table 5 indicates the trip generation of the proposed Airport Road/Orange Blossom Commercial Subdistrict in accordance with the uses listed within Table 2. It should be noted that the average rate was utilized for the PM peak hour trip generation calculation of the General Office use and the daily calculation of the Medical Office use. Page 7 TRANSPORTATION CONSULTANTS, INC. Table 7 Trip Generation — New Trips Ttatian AmPriran Plaza and Clubhouse District Table 8 Trip Generation — New Trips Road/Oranae Blossom Commercial Subdistrict Total Trips 104 39 143 121 174 295 2,222 Less Bank Pass -by -12 -12 -24 I -46 -46 -92 -493 (5VI. of Bank Trips) _L New Traffic 92 27 119 75 128 203 1,729 Tntal Trint — Pac _hv T—ffirl V. TRIP DISTRIBUTION The total trips generated as a result of the proposed Growth Management Plan Amendments indicated within Tables 4 & 5 were then assigned to the surrounding roadway system based on the anticipated routes the drivers will utilize to approach the site. Additionally, these trips were assigned to the site access driveways and the Airport- Pulling Road/Orange Blossom Drive intersection based on the anticipated traffic patterns available as a result of the proposed access configuration. The resultant site traffic assignment and distribution of the Italian American Plaza and Clubhouse District is indicated in Figure 3. Additionally, Figure 4 reflects the site traffic assignment and distribution of the Airport Road/Orange Blossom Commercial Subdistrict. Page 9 AIRPORT ROAD /ORANGE BLOSSOM ~' DRIVE COMMERCIAL SUBDISTRICT TRANSPORTATION CONSULTANTS, INC. .� in/right -out access driveway is shown to Airport Pulling Road on the Airport Road/Orange Blossom Commercial Subdistrict site. IV. TRIP GENERATION Trip generation calculations were performed for the existing allowable uses in addition to the proposed uses as a part of the Growth Management Plan Amendments on the site. The resultant trip generation for each use was determined by referencing the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 7th Edition.., Land Use Code 230 (Residential Condominium/Townhouse) was utilized for trip generation of the existing allowable uses on the subject parcels. For the Italian American Club site, Land Use Code 591 (Lodge/Fraternal Organization), Land Use Code 710 (General Office Building), Land Use Code 120 e ica en a ffice -B , 912 (Drive -in Bank) were utilized for trip generation purposes. For the Airport Road/Orange Blossom Commercial Subdistrict, Land Use Code 710 (General Office Building), Land Use Code 720 (Medical/Dental Office Building), and Land Use Code 912 (Drive -in Bank) were utilized in order to perform the trip generation calculations. Table 3 indicates the trip generation of the permitted residential uses on the subject parcels in accordance with the existing Growth Management Plan designation. As the sites are two separate parcels, it was assumed that they could develop as separate residential projects, so trip generation was calculated separately for each parcel based on 15 dwelling units rather than a combined 30 dwelling units. Page 6 TRANSPORTATION CONSULTANTS, INC. Table 5 Airport Road /Orange Blossom Commercial Subdistrict Proposed Maximum Trip Veneration N`�� -L `('R MT4 'S' I 1 r��°OTRrI} Ii P� - .�: ,z 1ri�j.7S7 �ccs€�eif� �v .," Medical Office Drivc-In Bank ITE estimates that a comparable Drive -in Bank use, such as those proposed on the two subject sites, may attract a significant amount of its traffic from vehicles already traveling the adjoining roadway system. This traffic, called "pass -by" traffic, reduces the development's overall impact on the surrounding roadway system but does not decrease the actual driveway volumes. Collier County allows a maximum "pass -by" traffic reduction of 50% for bank uses. Table 6 summarizes the pass -by reduction. Table 7 summarizes the Italian American Club development traffic and the breakdown between the total project trips and the net new trips the development is anticipated to generate after the pass -by reduction is applied. It should be noted that the driveway volumes are not reduced as a result of the "pass -by" reduction, only the traffic added to the surrounding streets and intersections. Table 8 reflects the 50% pass -by reduction for the Airport Road/Orange Blossom Commercial Subdistrict. Table 6 Pass -by Trip Reduction Factor Proposed Growth Management Plan Amendments Page 8 ORANGE BLOSSOM DRIVE r-15% -► o 35% CW+ O z EL a N.T.S. Q k 0 (0) 4-0(0) -4-8(10) 146 (5 5) A ♦ r 13 (14) ) (18)16, ' f" (63513 o N ( (0) 01 I �aa 0 I - AM €RICAN - CLUB-S1TE PROPOSED i INTERCONNECTION AIRPORT ROAD/ ORANGE BLOSSOM v o COMMERCIAL SUBDISTRICT (52) 12 I t '+S M IM i 30% LEGEND �- -4-20 %-0,- PERCENT DISTRIBUTION -4- 000 WEEKDAY AM PEAK HOUR TRAFFIC -- -(000) WEEKDAY PM PEAK HOUR TRAFFIC SITE TRAFFIC ASSIGNMENT TRANSPORTATION AIRPORT ROAD/ ORANGE BLOSSOM DRIVE COMMERCIAL SUBDISTRICT CONSULTANTS, INC. -*-20%-*- Figure 4 } i 1 PROJECTED TRAFFIC TRIP GENERATION Site - generated trips were estimated using Institute of Transportation Engineers (ITE) Trip Generation (7 ".' Edition); in accordance with current Collier County policy. The followil)g trip generation formulas were used: Multi- family (LU 230): ADT: Ln Co = 0.85 Ln (X) + 2.55 AM Peak Hour: Ln (T) = 0.80 Ln (X) + 0.26 PM Peak Hour. Ln (f) = 0.82 Ln (X) + 0.32 Shopping Center (LU 820): ADT: Ln(T) = 0.65 Ln(X) + 5.63 AM Peak Hour. Ln(T) = 0.60 Ln(X) + 2.29 PM Peak Hour: Ln(T) = 0.66 Ln(X) + 3.40 PASS -BY T= Ln (T) = -0 -291 Ln (X) + 5.001 General Office Building (LU 710) ADT: Ln (T) = 037 Ln (X) + 3.65 AM Peak Hour. Ln (T) = 0.80 Ln (X) + 1.55 PM Peak Hour: (T) = 1.12 (X) + 78.81 Medical Office (LU 720): ADT: T = 40.89(X) — 214.97 AM Peak Hour: T = 2.48(X) PM Peak Hour. Ln(T) = 0.93 Ln(X) + 1.47 Since the proposed development will have dissimilar land uses, a percentage of the site- generated traffic will be captured by the land uses inside the development and not be introduced to the external roadway network. Intental capture trips were estimated using rate and summary sheets shown in the ITE Trip Generation Handbook An ITE Recommended Practice (see Appendix). In addition, the retail land use will capture pass -by from the adjacent traffic stream on Airport- fulling Road. The ITE Trip_ Generation Handbook An ITE Recommended Practice was used to determine a 43% Pass -By Capture reduction (see Appendix). The increase in through traffic on Airport - Pulling Road using 25% Pass -By reduction is marginal compared to its high Remaining Capacity (1103). A 43% Pass -By Capture reduction was used in the analyses of this report as supported by The ITE Trip Generation Handbook An ITE Recommended Practice. Table 1. summarizes the trip generation estimates for this development. Sao Grato SDP M 6 t:IProjects1806 \60685 \TrxH clUpdate Sep 05x8068STA1006.dc r. TABLE 2 Traffic I Distribut +on Site generated Trip Distribution Residential Commerc. Office Link Orange Blossom Drive From Goodlette -Frank Rd To Airport - Pulling Road 15% 10% 10% Orange Blossom Drive Airport- Pulling Road Bridgewater Say Blvd 10% 20% 20% Orange Blossom Drive Bridgewater Bay Blvd Livingston Rd 10% 20% 20% Airport - Pulling Road Vanderbilt Beach Rd Project Access 40% 40% SO% Airport - Pulling Road Project Access Orange Blossom Drive 60% 60% 50% Airport - Pulling Road Orange Blossom Drive J &C Blvd 35% 30% 20% Airport - Pulling Road immokalee Rd Vanderbilt Beach Rd 10% 15% 20% Airport- Pulling Road J &C Blvd Naples Blvd 30% 15% 20% Airport - Pulling Road Naples Blvd Pine Ridge Rd 25% 0% 20% Airport - Pulling Road Pine Ridge Rd Golden Gate Pkwy 15% 0% 10% Goodlette -Frank Rd Orange Blossom Drive Pine Ridge Rd 10% O% 5% Goodlette -Frank Rd Vanderbilt Beach Rd Orange Blossom Drive 5% 0% 5% Livingston Rd Orange Blossom Drive Pine Ridge Rd 5% 10% 10% Livingston Rd Vanderbilt Beach Rd Orange Blossom Drive 5% 10% 10% Vanderbilt Beach Rd Us 41 Airport - Pulling Road 15% 10% 10% Vanderbilt Beach Rd Airport - Pulling Road Logan Boulevard 15% 5% 20% Pine Ridge Koad Pine Ridge Road Shiriey t Airport - Pulling Road 1 -75 S 5% 0% 5% The trip distribution percentages of each land use were applied to the site - generated traffic volumes to detennine the site - generated vehicle trip assignment. The proposed commercial retail use is of a "neighborhood" nature rather than "regional' in scope. For this reason, the area of influences will likely be confined to residential developments along Orange Blossom east and west of Airport- Pulling Road. The radius of influence was assumed to be not higher than 1.5 miles front the site. Exhibits 6 and 7 presents the proposed entering and exiting traffic of AM & PM peak Hours respectively. Pass -by deductions are shown in Exhibit 8. Net entering and exiting traffic in the PM. Peak Hours, including Pass -By trips at the Project Access points on Airport Pulling Road are presented in Exhibit 9. These exhibits also include the Vanderbilt Beach Road & Airport- Pulling Road intersection as well as the Airport- Pulling Road &. Orange Blossom Drive intersection, among other intersections near the project site. The PM Peak Hour traffic characteristics were studied because the site - related land use peak hour typically occurs in the PM Peak Hour of the adjacent street traffic. Sao Grato SDP TIS B 1-.lProiccts %BO61B06BSk- r- ffic\Updatc Scp0S180685TAf006.doc INTRODUCTION The Longview Center Parcel is located on the east side of the Airport Pulling Road/Orange Blossom Drive intersection in Collier County (see Exhibit 1 Location Map). The site is approximately 15 acres in size with approximately 5 acres on the northeast corner of the intersection and approximately 10 acres on the southeast corner of the intersection. There is an existing single access point onto Orange Blossom Drive from each parcel, Currently, the 5 and 10 -acre parcels are being used as plant nurseries. The current Future Land Use for the site is Orange Blossom Mixed Use Sub District and the site is within the Traffic Congestion Zone. The project will contain two phases. Phase I will include 22,150 square foot of retail shops and 19,000 square foot of office space. Phase I is projected to be complete prior to the 2005 Peak Season. Phase H (the south parcel) will include 50,000 square foot of retail shops, 51,000 square foot office space and 15 multi - family dwelling units. Phase 1I is projected to be complete prior to the 2008 Peak Season. The purpose of this study is to provide the technical traffic analysis in support of the Rezone. Both AM and PM Peak Hour Volumes were analyzed. 1:\ PrcyectslArchive \DocsTrojectskB04 \80478 - Pulling \Orange 6lossom \Traf5cM47B- TIS.d0c 2 shown in Table 1B. See Appendix A for the Intemal Capture Summary worksheet, which was used to determine the internal capture rate. Table 1 A PROJECT TRIP GENERATION - (PHASE I ONLY) 2005 AM PM Land Use ADT Peak Enter Exit Peak Enter Exit Office (LU 710): 19,000 SF 371 50 44 6 28 5 23 Retail (LU 820): 22,150 SF 2,586 65 40 25 232 111 121 Totals 2,957 115 83 31 261 its 144 PROJECT TRIP GENERATION - (PHASE Ii ONLY) 2008 AM PM Land Use ADT Peak Enter Exit Peak Enter Exit Multi- Family (LU 230): 15 DU 130 11 2 9 13 9 4 Office (LU 710): 51,000 SF 791 109 96 13 76 13 63 Retail (LU 820): 50,000 SF 4,365 106 64 41 397 191 207 Totals 5,286 226 162 64 486 212 274 TOTAL OF PHASE I & It 8,243 328 418 341 246 95 747 Table 1B v PROJECT PM PEAK HOUR TRIP GENERATION WITH ADJUSTMENTS (PHASE 1 ONLY) 2005 PM Land Use Peak Enter Exit Office (LU 710): 19,000 SF 28 5 23 Mixed Use Internal Capture 4 -2 -2 Retail (LU 820): 22,150 SF 232 111 121 Mixed Use Internal Capture -4 -2 -2 Passby Capture 43% -98 47 -51 Totals 154 65 89 PROJECT PM PEAK HOUR TRIP GENERATION WITH ADJUSTMENTS (PHASE 11 ONLY) 2008 PM Land Use Peak Enter Exit Multi - Family (LU 230): 15 DU 13 9 4 Mixed Use Internal Capture -5 -3 -2 Office (LU 710): 51,000 SF 76 13 63 Mixed Use Internal Capture -9 -4 -5 Retail (LU 820): 50,000 SF 397 191 207 Mixed Use Internal Capture -23 -11 -12 Passby Capture 43% -161 -77 -84 Totals 288 117 171 TOTAL OF PHASE I & 11 L. 443 182 260 I:\ Projects \Archive \Dots \Projects\804 \80478- PullinglOrange Blossom \Traffic\80478- TIS.doc 4 �— year 2004; B) the construction of Livingston Road from Radio Road to Immokalee Road as a six -lane arterial and from Immokalee Road into Lee County as a four -lane arterial during year 2003; C) the six -lane expansion of Pine Ridge Road from Airport Pulling Road past I -75 which is currently under construction; and D) the four -lane expansion of Vanderbilt Beach Road from Airport Pulling Road to Logan Boulevard in year 2002. TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based upon locations of generators and attractors in the area of the project. The traffic distribution for the project was discussed and approved in a methodology meeting with Collier County Transportation Planning and is shown in Table 2. Table 2 TRAFFIC DISTRIBUTION -PM PEAK HOUR (NEW TRIPS) Land Use Traffic Distribution Orange Blossom east of Project 10% Orange Blossom west of Project 10% Airport north of Orange Blossom 40% Airport south of Orange Blossom 40% 1s \Projects\Archive \Docs\ Projects \804180478- Pulling%Orange Blossom\Traff680478- T4S.doc 6 ANNUAL GROWTH RATE CALCULATIONS SAMPLE GROWTH RATE CALCULATION 2007 ADT "(tNrs of Growth) Annual Growth Rate (AGR) = i Base Year ADT 11446 AGR (Orange Blossom Dr) _ -1 9348 AGR (Orange Blossom Dr) = 4.13% 2002 2007 ANNUAL COUNT BASE YR TRAFFIC YRS OF GROWTH ROADWAY SEGMENT STA # TRAFFIC VOLUME GROWTH RATE Airport Pulling Road N. of Orange Blossom Dr. 599 45664 36027 5 2.00% S. of Orange Blossom Dr 503 44288 39679 5 2.00% J & C Blvd W. of Airport Rd 631 12040 10222 5 2.00% Orange Blossom Dr W. of Airport Rd 647 9348 11446 5 4.13% E. of Airport Rd 647 9348 11446 5 4.13% W. of Livingston Rd 647 9348 11446 5 4.13% Side Street Approaches — -- — — 2.00% All traffic volumes were taken from the 2007 Collier County Average Daily Traffic Report a in ingances where the historical data indicates a reduction in traffic, a minimum annual growth rate of 2.0% was assumed. 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O` �', R dI dl NI 2I ml 7 �I mI O WI O Z ¢ O X i~: z 0 U. `v O: O X �• O: U Uj aI w' wl W wi rI x: W J) F o r �; f=y ¢, w I ( uxj S rl wI r >- I I I ¢ i••- ¢! Z; oI 2I QI wj w wj QI w. WI wI QI w C7• �I, uai� �j �' <I �� KI W' w! �1 aoI '°I �I wj ZI JI �• ai ZIY'4Ip.OIO O Q OIOIO.O10: J, U U10'O Fl a.aU,� p.¢ OI ¢Iw.f i c�.�.�' 211.2 JI ¢, a EL Lu zl��3l�n I y a Y Y ¢I O! F, J! WI w' w! w! x' w: w; wl w w; t l of ml y >• o O Z. o: U, z o• z ¢- S D rl 2i NI UI w, mI Wi m! wl a- ir Kj mI of �' w ¢ ¢I o! U u 'vl _i mt ml WI �! NI =' �. 0 0- m O O O A LL E a Z E rn S U) 81-1-1 t. 1 V ;: q q. . m,; CL LY Ul. 0 0 IL z 0 en; 1 Z; z z 7 tom; I P, g Z,; F- f I z 01 0 CE Co p 0 z 0. LU F- Z) z :3 0 Z < U) Z! UJ V) ILJI W LL on > 0 Z rn z 0 FL En 0 0 I U) C3 ! ! I ! i 0 -j m LLI 7 0 co < >- z uj 0 z LU cl) U- ui LU > 0 C.-I IL cl: < OJ C5 z 0 J w. . ui 0 F- LL 0 Z5 I z w > > o; wl I I w 0 a -1 CC LU x; 0 0- m O O O A LL E a Z E rn S U) TRIP GENERATION EQUATIONS AIRPORT ROAD /ORANGE BLOSSOM DRIVE INTERSECTION IMPROVEMENTS ITE TRIP GENERATION REPORT, 7" EDITION Land Use Weekday AM Peak Hour Weekday PM Peak Hour Residential Condo/Townhouse (LUC 230) Ln (T) = 0.80 Ln (X) + 0.26 Ln (T) = 0.82 Ln (X) + 0.32 17% in 83% out 33% in 67% out T = Trips, X = dwelling units CCRC _T = 0.18 (X) T = 0.18 (X) + 39:13 (LUC 255) 64% in 34% out 48% in 52% out T = Trips, X = dwelling units Co per �ou�r�tty Growth Management Division Planning & Regulation GMP Application CPSS- 2011 -01 Corradi Airport GMPA Re: Analysis of Growth at Orange Blossom Drive and Airport Pulling Road To whom it may concern, Transportation Planning staff has reviewed the available traffic data in the vicinity of this petition, and has determined that the adjacent roadway network will have sufficient capacity to accommodate this project within the 5 year planning period. Concurrency values were analyzed consistently with Policy 5.1 of the Transportation Element of the Growth Management Plan. An estimated [positive] growth rate of 1.5% annually was assumed in background traffic volumes in order to analyze the projected 2016 scenario in terms of intersection approach traffic volumes. Please see Exhibit A, attached. As a result of this analysis, Staff recommends that this amendment can be deemed consi ent with i cy :5.-1 - of rt h e a n s g ort a ti 0n i the need for additional mitigation. Orange Blossom Drive Impacts: Staff analyzed the Orange Blossom Drive concurrency links that are impacted by this project. A nominal growth rate of 1.5% was applied to Link 142, Orange Blossom Drive from Goodlette Road to Airport Road, and link 143 from Airport Road to Livingston. These segments of Orange Blossom Drive currently have a remaining capacity of 275 trips, and 345 trips (respectively); and are both currently operating at LOS "C" as reflected by the adopted 2011 AUIR. Staff has determined that this segment will continue to operate at LOS "C" during the five year planning period. Airport Road Impacts: Staff analyzed the Airport Road concurrency links that are impacted by this project. A nominal growth rate of 1.5% was applied to Link 2.1 from Vanderbilt Beach Road to Orange Blossom Drive; and link 2.2 from Orange Blossom Drive to Pine Ridge. These segments ofAirport Road currently have a remaining capacity of 1, 879 trips, and 1, 880 trips (respectively); and are both currently operating at LOS "C" as reflected by the adopted 2011 AUIR. Staff has determined that these segments will continue to operate at LOS "C" during the five year planning period. Thank you, John M. Podczerwinsky Development Review Project Manager, Transportation Planning Section Growth Management Division Land Development Services Department G,v.'P lAra -, DN&r - Pia�n -g & Regoa',_ 26:x: No" Hxsesrr Dnve - N4,.es. FVda 34 ', • 239 - 252 -24GJ • frfnr cot e*grr net M E I C2 LLI G? S1S a) 5 to � �Cl C) QL H11 55 9999 Co ter County Growth Management Division Planning & Regulation December 5, 2011 Ren Mora Naples Itall 'n erican Club Foundation, Inc. 7035 Airpo oad North Naples, F 34109 Subject: equest to Complete a Letter of No Objection — Collier County Growth Management Plan amendment CPSS - 2011 -1, for the Orange Blossom /Airport Crossroads Commercial Mr. Morani�j Please be advised that Michael Corradi has filed an application with the County to amend the Future Land Use klement (FLUE) of the Growth Management Plan (GMP) to remove certain intersection improvem ht requirements from the provisions of the Orange Blossom/Airport Crossroads f'.nmrnFarri 'I_ Subdistrict. Mr. Corradi is the property owner of the land making up the southern portion of the are comprising this Subdistrict, while the Italian American Club Foundation owns a no e portion. a removal of the referenced requirements affects the entire Subdistrict acreage. The specific a ,. ndments to the Subdistrict provisions are identified in the attached exhibit. As part o *ner of Subdistrict acreage, it is not necessary to become a co-applicant in the present request. aftemative arrangement does not necessitate your active participation in the current amendme t process. Please re iew this request and indicate your consent to these amendments by means of signing the "Letter of o Objection" and return same to me at your earliest convenience. Should y,+ have any questions, contact me at 239.252.2944. Thank you in advance to your prompt attention t this matter. [signed] ; Corby Sr Midt, AICP Principat fanner Comprehh nsive Planning Section Land De �'lopment Services GAMES Plar�n� SenriceslComprehensiWCOMP PLANNING GMP DATA1Comp Plan AmendmenWM1I Small Scale AmendmentsDaVe Blossom Cnusroads - Corradi Req PSSZ11 -1 Request for Letter of No Objection-d= Growth Ntan6errtent Dmsion • Planning & Regulation • 2800 North Horseshoe Drive • Naples, Florida 34104.239- 252 -2400 • www.colliergov.net Corby Sch r. Principal P Comprehe Land Dev` 2800 Nort �! Naples, F Subject: f AICP ;r Planning Section ent Services seshoe Drive 34104 of No Objection — Collier County Growth Management Plan Amendment .2011 -1, for the Orange Blossom/Airport Crossroads Commercial Subdistrict Mr. Schrri On behalf f the Naples Italian American Club Foundation, I have reviewed your request fora Letter of No Obj 'on" for the removal of certain intersection improvement requirements from the provisions pertaining the above mentioned Subdistrict. to them amanciment of these provisions. Should yo have any questions, contact me at 239.594.8480. Sincerely, y. ZZO �7 Print N Date: - �'' i I� DRAFT Exhibit A DRAFT CPSS- 2011 -1 Future Land Use Element [Page 62] C. Urban C nmercial District This Subd fia consists of two parcels comprising approximately 10 acres and is located on the southwest comer of ntersection of Orange Blossom Drive and Airport; Road. This Subdistrict allows for existing institutionas, such as the Italian American Club clubhouse or another social or fratemal organization, future institutionas for a school, and limited commercial, professional and general offices, and similar uses to serve the y community, along with senior housing in the form of an assisted tieing facility, continuing care retirement r, or other similar housing for the elderty. Developme intensity for this Subdistrict shall be limited to a maximum of 74,000 square feet of gross leasable area for fir incial institutions, schools, professional, medical and general offices, adult and child day care, personal ar a business services, and a maximum of 20,000 square feet for the clubhouse facility, all of which uses are all ''wed by right or by conditional use in the C-1 Zoning District, as identified in the Collier County Land Deveiopme ,:t Code, Ordinance No_ 04-41, as amended. Uses will be further evaluated at the time of rezoning of each pa to ensure compatibility with surrounding properties. Any senior housing facility is not subject to this square rta ge limitation but must meet all other provisions in the Collier County Land Development Code, Ordinance 0441, in e ffect as of the effective date of this amendment. The development of this Subdistrict shall be go ed by the following criteria: a. R nes are encouraged to be in the form of a Fianna unit ueveiopmemz ano must wi uau 1 d e "lopment standards to ensure that all uses will be compatible with neighboring residential and ins tional uses. G. b. F Arcel 1 This a proximately 5-acre parcel is located on the southwest comer of the intersection of Orange Blossom Drive lid Airport Road. This parcel is limited to a maximum of 34,000 square feet of gross leasable area for finance �1 institutions, schools, professional, medical and general offices, and personal and business servi , in addition to a maximum of 20,000 square feet for the clubhouse facility. Parcel 1 is governed by the ad itional, following requirements: I.; I ,odestrian interconnection to access Parcel 2 and property immediately to the west must be pursued by the property owner, and incorporated into the overall site design. ii: hi interconnection with Parcel 2 is required, particularly to provide southbound traffic direct i}ess onto Airport Road. Vehicular use areas, buildings and structures, landscape buffering and open s `ce, and other uses shall be designed in such a manner that does not impede or interfere with access to r from the adjacent parcel to the south. Words underlined are added; words sWGk threegh are deleted. iii. -.T 6e existing easternmost vehicular access drive onto Orange Blossom Drive shall be removed or nently dosed -off by the property owner prior to the issuance of a certificate of occupancy for any fu er development or redevelopment of the site. iv. velopment within Parcel 1 shall have common site, signage and building architectural elements, inci iiing on -site signs directing motorists toward southbound egress through Parcel 2 onto Airport d: c. Panel 2 This ap iroximately 5-acre parcel is located on the west side of Airport Road, approximately 330 feet south of the i itersection of Airport Road and Orange Blossom Drive. This parcel is limited to a maximum of 40,000 iquare feet of gross leasable area for financial institutions, professional, medical and general offices, adult a facil child day care, personal and business services, and an assisted living ity, continuing care reti Ot center, or other similar housing for the elderly. Parcel 2 is governed by the additional, following 1. P strian interconnection to access Parcel 1 and properties immediately to the south and to the west mu be pursued by the properly owner, and incorporated into the overall site design. ii. ) ehicular interconnection with Parcel 1 is required, particularly to provide eastbound traffic direct eg onto Orange Blossom Drive. Vehicular use areas, buildings and structures, landscape buffering anc iopen space, and other uses shall esrg uis clfa -mamertmt- does- notimpede-or'nterfere wi access to or from the adjacent parcel to the north. iii. evelopment within Parcel 2 shall have common site, signage and building architectural elements, inc i,ding on :site signs directing motorists toward northbound egress thro ugh Parcel 1 onto Orange Blo m Drive. -2- Words underlined are added; words stFurk t#redg#� are deleted. V NIc H cn Q ce Q LU V Z ce a W a W J 0. `/ i O 01 �a m a O s Y L O 3 iv CL m L a� k; n a� a H a d d F W a 0 z W W .� F- (J)z O } U M O LL J Q m w Q UJ i-- ~~a_ w wz D�� o' L ° LUQO LU N ¢ 0 z C) L- er¢ N LU U) W 0 3¢�� 4Ln J~' 9 �Um p OO W zz� w 2 V W J z 0 LU °a 0 W a z I- z W O U M 0 U. W W I-- z w M W W 0 0 W LU N N w 0 G Q W 2 z N W m V W m W H O O M O z m W Z I-- z H Q N D W LL O LL W J W J m H W z 2 0 LL W W J a 0 U W IL Q W CG 0 U O Q i DLnm W W LU a a¢cal 'i Q fhZJ } U rn 0 2 Zak a u -w a (D O ��(D J � F~- a �w� p� Z � W o a a °m° D z W (V w J J W a J Q Ov OU Q z V) w 2 V W J z 0 LU °a 0 W a z I- z W O U M 0 U. W W I-- z w M W W 0 0 W LU N N w 0 G Q W 2 z N W m V W m W H O O M O z m W Z I-- z H Q N D W LL O LL W J W J m H W z 2 0 LL W W J a 0 U W IL EAR -Based GMP Amendments Housing Element - CCPC Transmittal Hearing 8F3-1-12 SUPPLEMENT OBJECTIVE 1: [Revised text, page 3] The number- ° Provide new affordable ��- ee housing units shall i e by at least fift°°ft per-eent of the units appr-eved to be built in the County pef yeaf, bU4 not less than 1,0 G i . yeaf aver-aged ever- a five year- p in order an effo t to eefAinue meeti*g the current and future housing needs of legal residents with very -low, low and moderate incomes, including households with special needs such as rural and farmworker housing in i:u..,' r°"' °r County. Policy 1.1: By January 2014, the Department of Housing, Human and Veteran Services shall establish a method of Indexing the demand for very -low, low and moderate housing. Policy 1.2: By January 2014, the Department of Housing, Human and Veteran Services shall establish a method of Indexing the availability and costs of very -low, low and moderate housing. Policy 1.3: By January 2014, the Department of Housing, Human and Veteran Services shall develop methods to predict future shortages, based on the Indexes established in Policies 1. 1 and 1.2 above. Policy 1.4• By January 2015, the Department of Housing, Human and Veteran Services shall establish necessary strategies, methods and tools to support this Objective. Policy 1. On an annual basis, beginning in June 2014. the Department of Housing, Human and Veteran Services shall provide a report to the Board of County Commissioners on the status of affordable housing within the County. OBJECTIVE 4: [Revised text, page 7] Collier- G°""+" and the Git , of Naples it c-Conduct a r-ehe housing surveys, every three years or sooner, for the purpose of identifying substandard dwelling units uh°* 10--' @--• Through continued enforcement of Geun4 y housing codes, and the provision of housing rehabilitation or replacement programs, the number of substandard units (associated with a lack of plumbing and /or kitchen facilities) throughout the County shall be reduced by 5% per year through rehabilitation or demolition. Words underlined are added; words stFUGkh are deleted - as recommended by staff Words double underlined are added; words are deleted - as recommended by CCPC (and deletions recommended by staff) FINAL DRAFT EAR -Based GMP Amendments CCME — CCPC Transmittal Hearing 3 -1 -12 SUPPLEMENT Policy 2.1.7: [Revised text, page 9] Collier The County shall take the lead and promote in4er-geveftffnenlal coordination between the G,,,, other governmental agencies involved with watershed planning, including, but not neeessarily limited to, the municipalities of Marco Island, Naples and Everglades City, the Florida Department of Environmental Protection, the South Florida Water Management District, the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and other governmental agencies. The County will shall continue to lead and oversee the preparation of the necessary watershed management plans, and will men include in their review the work performed and /or data collected by other agencies, to the extent that these agencies have data and /or experience, which may be useful within the watershed basin planning and management process. Policy 2.2.5: [Revised text, page 9] The County, in coordination with the South Florida Water Management District and the Florida Department of Environmental Protection shall develop and implement a plan to require encourage By Deeember- 31, 2008, and neless Owm ever-y thfee yew stormwater management systems shall be periodically inspected and, if feasible eet4ified by an k° °ns°a F' °ri'a appropriate professional engineer for compliance with their approved design, and any deficiencies shall be corrected. Policy 3.1.1-4: [Renumbered and Revised text, page 12] Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows: ********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 3. Conditional uses r_ eferenced within this policy shall be granted only in extr- ,,.,.a:,,afy eir-eumstanees and whenre development impacts of the developme will be isolated from the Surficial and Intermediate i aquifers. OBJECTIVE 4.1: [Revised text, page 15] Collect and evaluate data and information designed to more accurately determine water use in the Collier County sueh as the G ,.4 's database tfaeking all ° :,+ °,a ells and ells having FINAL Words underlined are added; words stFuGk thFeegh are deleted. EAR -Based GMP Amendments Future Land Use Element - CCPC Transmittal Hearing 3 -1 -12 SUPPLEMENT II. AGRICULTURAL/RURAL DESIGNATION * ** * ** * ** * ** * ** text break* B. Rural Fringe Mixed Use District * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** C) Sending Lands [page 771 * ** * ** * ** * ** * ** text break * ** * ** * ** * ** * ** 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands from March 5, 2004, onward for a period of six and one hat ten years after the adoption of the LDC amendment implementing this provision, or until March 27, 204rSeptember 27, 2015. Early Entry TDR Bonus Credits may be used after the termination of the bonus period. Alternative to above 6. Participation TDR Bonus: A Participation TDR bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands_ &em Mar-eh 5, 2004, onward fef a per-iod of six an- ene- 1�,t1€�s- after -the adeptiefe€�e LDE- amendmefA impleme�inre sie�r, -er until Mareh 27,,z21z2 —E }}tr�DR Bentis Gfedits may used after the trnanracron of the- bextts period The Participation TDR Bonus replaces the prior available Early Entry TDR Bonus and all prior issued Early Entry Bonus TDR Credits issued remain valid until extinguished through expenditure within the TDR program. EXPLANATION: The above proposed revision and alternative revision are as a result of BCC action on 2/14/12 in response to a public petition on their agenda. The public petition was presented by Attorney Richard D. Yovanovich of Coleman, Yovanovich & Koester, P.A. An excerpt from Mr. Yovanovich's January 18, 2012 letter to Nick Casalanguida is provided below. FINAL DRAFT Words underlined are added; words StPJskthFaugh are deleted. 1 EAR -Based GMP Amendments Future Land Use Element— CCPC Transmittal Hearing 3 -1 -12 SUPPLEMENT I am writing at the request of several clients who own property sending lands within Collier County's Rural Fringe Mixed Use District as defined in the Future Land Use Element. As you may be aware, the deadline for severance of the early entry bonus is March 27, 2012. While the Rural Fringe landowners appreciate the County's pad efforts to extend such deadline, they find themselves questioning whether the County has plans to extend such date once again. Generally, my clients find themselves in two categories that require extensions: a. Developer clients that are pursuing project approvals with the South Florida Water Management District and the Army Corps of Engineers are fearful that the recordation of the development restriction associated with the TDR severance will render their acreage as ineligible for use as mitigation land. As you are aware, this was never the intent of the TDR program. b. Landowner clients who are unsure as to what their best option is. They find themselves discouraged by the limited liquidity in the TDR market so they are unsure whether exercising a development restriction on their land is the right course of action. They would like to see the TDR program be a success before jumping in. The County has extended timelines for PUD's, SDP's and other development approvals due to the economic slow down. The TDR program has also suffered due to the economic slow down. The goal of the TDR program is to encourage preservation of sending lands while fully compensating those property owners who had their property designated sending lands. The extension of the early entry bonus credit will further the goals of the TDR program. On behalf of my clients, I am hereby requesting that you consider these circumstances and r provide clear direction to my clients and the public in general as to the County's proposed actions with respect to this upcoming deadline. EAR -based Amendments CCPC Trans. FLUE Supplement - EE TDR G: \CDES Planning Services \Comprehensive\2011 EAR -BASED GMP AMENDMENTS \CCPC transmittal - EAR -based GMP amendments \CCPC Transmittal March 1 Consent Agenda Materials \ELEMENTS for March 1 CCPC dw13 -1 -12 FINAL DRAFT Words underlined are added; words GtFUGk thFeegh are deleted. 2