The URL can be used to link to this page

CCPC Backup 05/17/2012 RPLANNING COMMISION MEETING BACK -UP DOCUMENTS MAY 17, 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, MAY 17, 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. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES April 13, 2012 (LDC Amendments), April 19, 2012, April 25, 2012 (LDC Amendments) 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. VA- PL2011 -1576: Jaffe Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL2011 -1576, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 10091 Gulf Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East in Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] B. PUDZ- PL20110001519: Naples View RPUD -- 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 Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Naples View RPUD to allow construction of a maximum of sixty-six residential dwelling units on property located at 6900 Airport Road North in Section 01, Township 49 South, Range 25 East, Collier County, Florida, consisting of 11 +/- acres; and by providing an effective date [Coordinator: Kay Deselem, AICP, Principal Planner] 9. ADVERTISED PUBLIC HEARINGS A. NOTE: This item has been continued from the May 3, 2012 CCPC meeting per the applicant. SV- PL20110002805: Agave Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.17 of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of its building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] B. CU- PL20110001157: Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.l.c.3 of the Collier County Land Development Code for property located in Section 23, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] C. PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] 10. OLD BUSINESS A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner] 11. NEW BUSINESS 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp ** NOTE: AFTER THIS REGULAR MEETING IS ADJORNED THE CCPC WILL OPEN A CONTINUED WORKSHOP ON THE MASTER MOBILITY PLAN FROM THE APRIL 12TH MEETING. SV- PL2011 -2805 5�; Agave Grill (�.v Teresa L. Polaski From: GundlachNancy < NancyGundlach @colliergov.net> Sent: Tuesday, April 03, 2012 11:51 AM To: Minutes and Records Cc: Lorenz, William; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Rodriguez, Wanda; Neet, Virginia; Kendall, Marcia Subject: Advertising Request for Agave Grill Sign Variance Attachments: Hearing Notice to NDN for CCPC for Agave SV 4- 2- 12.docx; SVPL112805(2x3).pdf Good morning, Attached please find a "Request for Legal Advertising" to be processed for the upcoming May 3 , 2012 CCPC hearing. Thank 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 NancyGundlach @colliergov.net Uncle; F Wid a Lrw, c r air addresses ,,re Oubk records if yore do not Goa 3_ your e-mail a,(Jdress re!eased in :espouse to u pW,1c records re ue st. do not semi W r, .'..rEr,t mail tr in : r rltity =stead u: s<,crt this office by telephone or In vtitir :c;. 1 April 2, 2012 s. p 's Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, April 13, 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, May 3, 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 Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of its building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, 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 Thursday, May 3, 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 o AMILTO S NDIN d; PELICAN GREENS OAKS PELICAN MARSH PELICAN MARSH Z m (DRI) MARSH (DRI) 36 (DRI) Y 35 U PROJECT 3LAISE MARKER LAKE ° LOCATION rz VENETIAN PLAZA VANDERBILT BEACH ROAD FOUNTAIN VANDERBILT PARK VINEYARDS o BRADFORD TRUST Q SQUARE WALGREENS BRIGHTON (DRI) GARDENS MONTEREY EMERALD CITRUS 0 VINEYARDS LAKES GARDENS OAK I (DRI) 2 Rccirc m .—S.(S) GROVE z SAV,wrvAn LCACmry SIENA 1 > PLACE / LAKES 6 SLEEPY LON ER (B) FIRST HOLLOW µTU1Ary BAPTIST SUrvSHINE ERICAN LONE CHURCH V.F.W. WII�,a OAK (5) 5) BEAR CAEEI( PRINCE PARK KEYSTONE PLACE WILLOW PARK Acct #068779 April 3, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV- PL2011 -2805: Agave Grill Sign Variance (Display Ad w/MAP) Dear Legals: Please advertise the above referenced notice (w /map) Friday, April 13, 2012 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk IIMIX . IZIUM► M April 3, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, April 13, 2012, and furnish proof of publication to the attention of the Minutes and Records Department. 3299 Tamiami Trail East, Suite #401, 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, May 3, 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 Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of its building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, 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 Thursday, May 3, 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 Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: SV- PL2011 -2805, Agave Grill (Display Ad) Attachments: SV- PL2011 -2805 (CCPC).doc; SV- PL2011 -2805 (CCPC).doc; SV- PL2011 -2805 (CCPC).pdf Legals, Please advertise the attached Display Ad w /Map on Friday, April 13, 2012. Thanks Teresa L. Polaski, BMR Clerk III Minutes and Records Department 239 -252 -8411 239- 252 -8408 fax Teresa.Polaski@colliercierk.com Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, April 05, 2012 11:53 AM To: Teresa L. Polaski Subject: 240188511 Attachments: NDN240188511[1].PDF Please provide approval ASAP for publication. The total cost for your ad is $912. Thank You, Naples News Legals PTTRLIC 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, May 3, 2012 in the Board of County Commission- ers meeting room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: A Resolution of the Board of Zoning Appeals of Collier Coun- ty, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land De- velopment Code to allow two wall signs on one building con- sisting of an existing wall sign of 93.33 square feet on the northern building facade and a second wall sign of up to 96 square feet on the western fagade of its building which build- ing is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] AMILTD S NDIN PELICAN GREENS OAKS PELICAN MARSH PELICAN MARSH U (DRI) MARSH (DRI) p 36 (DRi) � 35 4 J 31 t PROJECT vALSHIRE AKES W MARKER LAKE o LOCATION NLLAS �NIIAH K PLAZA < VANDERBILT BEACH ROAD FOUNTAIN VANDERBILT PARK VNEYARDS BR SADFORD TRUST < QUARE WALGREENS BRIGHTON (DRI) D� GARDENS MONTEREY VINEYARDS EMERALD w CITRUS (DRI) LAKES GARDENS OAK P.N( GROVE Z 1- 'm 1 SAYA"NAR LAAY� L SIENA LAKES 6 / LONG NEW FIRST SLEEPY LATER (5) BAPTIST HOLLOW LONE CHURCH V.F.W. NN-NE OAK (5) (57� CREEK PRINCES PARK KEYSTONE PLACE W LLOW PARK 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, May 3, 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 240188511 April 13, 2012 Teresa L. Polaski From: GundlachNancy < NancyGundlach @colliergov.net> Sent: Thursday, April 05, 2012 12:08 PM To: Teresa L. Polaski Subject: RE: 240188511 Hi Teresa, The ad looks fine. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundiach(@colliergov.net From: Teresa L. Polaski Lmailto: Teresa .PolaskiCabcollierclerk.coml Sent: Thursday, April 05, 2012 11:56 AM To: GundlachNancy; RodriguezWanda Subject: FW: 240188511 Please review and get back to me today. Thanks From: Green, Amy Lmailto:AGreen @Naplesnews.coml Sent: Thursday, April 05, 2012 11:53 AM To: Teresa L. Polaski Subject: 240188511 Please provide approval ASAP for publication. The total cost for your ad is $912. Thank You, Naples News Legals Please visit us on the web at www.collierclerk.com 1 Teresa L. Polaski From: RodriguezWanda <Wanda Rod riguez @colIiergov.net> Sent: Thursday, April 05, 2012 1:05 PM To: Teresa L. Polaski Cc: Gundlach, Nancy Subject: RE: 240188511 This ad for a sign variance looks fine. 1Naracf koc(riguez, MCP advanced- Certffied I'ara(� foal YhO ?2e: (239) 25'2 -£3. 00 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: Teresa L. Polaski rmailto•Teresa Polaski(a)collierclerk.coml Sent: Thursday, April 05, 2012 11:56 AM To: GundlachNancy; RodriguezWanda Subject: FW: 240188511 Please review and get back to me today. Thanks From: Green, Amy Lmailto :AGreen(aNaplesnews.coml Sent: Thursday, April 05, 2012 11:53 AM To: Teresa L. Polaski Subject: 240188511 Please provide approval ASAP for publication. The total cost for your ad is $912. Thank You, Naples News Legals 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 quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. 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 Barbara Boyer, who on oath says that she serves as the Sales Coordinator 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 April 13th, 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 said newspapjy,� ( Signature of affiant) Sworn to and subscribed before me This 17th day of April, 2012 of nota •��CRYS ? —AL G. JONES MY COMMISSION # 00881614 3 1F EXpIAES: Ju09 27 201 Untl SdndwlThn+N� 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, May 3, 2012 in the Board of County Commission- ers meeting room, Third Floor, Collier Government Center, 3299 East Tamiemi Trail, Naples, FL., to consider: A Resolution of the Board of Zoning Appeals of Collier Coun- ty, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.E of the Land De- velopment Code to allow two wall signs on one building con- sisting of an existing wall sign of 93.33 square feet on the northern building faQade and a second wall sign of up to 96 square feet on the western faQade of its building which build- ing is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 0 AMILTO S NDIN PELICAN PELICAN GREENS OAKS MARSH PELICAN MARSH (DRI ) MARSH RI J d 36 ) as 3 4 U N PROJECT D MARMLARS LLSHR AKE, KE VENETIAN LOCATION PLAZA < VANDERBILT BEACH ROAD FOUNTAIN BRADFORD VANOERBILT PARK VINEYARDS S SQUARE TRUST WALGREENS BRIGHTON (DRI) O MpJIEREY GARDENS K 2 EMERALD cimus VINEYARDS LAKES x GARDENS OAK (DRI) 2 CAW .IS GROVE 2 CAY SII NA ? 6 I LAKES SLEEPY L FIRST HOLLO W TAUAN CENTER(5) BAPTIST NNSH LONE CHURCH OAK V(SiW. EN PRINCE PARK KEYSTONE PLACE WILLOW PARK 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, May 3, 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. 240188511 April 13. 2012 AGENDA Co 'fer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 3, 2012 SUBJECT: PETITION SV- PL2011000285, AGAVE SOUTHWESTERN GRILL SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: A &D Real Estate Holding II, LLC 2380 Vanderbilt Beach Road Naples, FL 34109 Agents: Mr. Theodore R. Walter Cummings and Lockwood LLC 3001Tamiami Trail North # 400 Naples, FL 34103 REQUESTED ACTION: Mr. D. Wayne Arnold Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 The applicant is requesting a variance from Section 5.06.04.F.4. of the Land Development Code (LDC) to allow an additional second wall sign. (The LDC allows one wall sign.) The two wall signs on the building consist of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of the building. GEOGRAPHIC LOCATION: The subject property, Agave Southwestern Grill (former location of Pizzeria Uno's), is located in the Walgreens PUD (Planned Unit Development) (Ordinance Number 98 -85) at 2380 Vanderbilt Beach Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (Please see the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: As previously stated, the LDC allows for one wall sign at the Agave Southwestern Grill. The requested Sign Variance is to allow for a second wall sign (Sign B) for the Agave Southwestern Grill. (Please refer to Wall Signage Elevation on the following pages.) SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Page 1 of 9 3WOS 01 ION / 7 NNW Aff- a cD z z O N a z O I� a U O J J Z O 13^ d a' r^ SL'31tl15tl31N1 SL-31tl1SL31Nl NMONLLNnN g v VIM a �v m.ro € m g �s�',� h� y _ w o OtlOtl NON SjjOS RCA ¢ O (wa> LTVIt HNN Narm ¢ d Q H n ■` d�� _ &�n Ise aal Nmuavo atloa aNmna- laoaaltl im W iY NM. OtlOa Od-laodald w�@ aq�q �a '1 rj S agIC 3 tlg'� Ell �R in Ond WON 31131MM 3IpY OOf A ��' gn (ISS a'a1 adON 1! i 3uma000 o n 5$3 � sv �gi =1 �i 50n y�rr iS n n8 GG F� i"i1 1 r6 OtlOa N z�4 NNd ISLL310000 lase •a'o) V� @B0 2n 11ra1 Iwrlwtll' a Y 1Ida1 (w Iwrlwdl s n) a cD z z O N a z O I� a U O J J Z O w p� '3I113, -GaOww RO N MR-7--i Bonne Springs 239.947.114♦ I ' 1 Vol=m ..mM ..,� AREA OF SIGN B 9A2A.45858 �, • VARIANCE 000060 Landscape Architects CERT. OPAML EB 0005151 CERT. Or ALT♦. LB0005151 :. wanv.Gradyhilnor.com Q. Grady Minor and Associates. PA. 1 1 •� I .x °.:1:. 77 - - - - -- 1 STO .:r: �-- ; I 1 EXISTING 1 WALL o 1 1 c SIGN (Sign A) 1 PROPOSED 1 WALL SIGN (Sign B) : F UfVDEV) 1 1 I = AGAVE _j ; 1 SOUTHWESTER 1 GRILLE 1 1 ( 1 d01S ' I LOAD 1 1 1 S' 00 .1 so • �•,� N MR-7--i Bonne Springs 239.947.114♦ GradyMinor North P B 9A2A.45858 rt © Naples 239.444.2397 Ch91 Cngtneers • Land Surveyors • Planners • Landscape Architects CERT. OPAML EB 0005151 CERT. Or ALT♦. LB0005151 BMIeERS LC 26000208 wanv.Gradyhilnor.com Q. Grady Minor and Associates. PA. A & D REAL ESTATE HOLDING II SIGN VARIANCE SITE PLAN 6m mmil 0 20' 40' SCALE: 1" = 40' 'CODI mw 00E PL SHEET 1 OF 1 Y 29 -0, PROPOSED WAS L SIGN (Sign B) ORIGUML ARTWORK, DESIGNS& UYOM A �Wrez Tip SOEE RROEERIY OE S1.5 EY Q Ml MA MAY NOT K NEtROm D. msVAYE0, TNJI4IRTEO TO ANYONE, 1N m"m m RAAT VlINW THE WRITTEN CONSENTOE 1100 Lam e Ste 6 bv vcNS nr mwwIL Fort Myers, Rmda 33917. mw.signsWmnnlc.Eom. 239.482.8000 3,2011 Signs by Uam ie UT.75 Sign Permit number 2011070426 has been issued for the existing 93.33 - square foot wall sign (Sign A), which is located on the northern building fagade of the Agave Southwestern Grill. Sign A faces Vanderbilt Beach Road. The second wall sign (Sign B), the subject of this sign variance from LDC Section 5.06.04.F.4. is for a proposed wall sign of up to 96 square feet which is to be located on the western building fagade of the Agave Southwestern Grill. Sign B faces towards eastern bound traffic on Vanderbilt Beach Road. The purpose of this second wall sign is to provide increased visibility to the eastern bound traveling public along Vanderbilt Beach Road. AERIAL PHOTO SURROUNDING LAND USE AND ZONING: e North: Vanderbilt Beach Road right -of -way then Vanderbilt Galleria, which consists of outparcels, parking areas and a strip shopping center, with a zoning designation of Pelican Marsh DRI (Development of Regional Impact) East: Undeveloped commercial parcel, then Walgreens and then Airport Pulling Road North (C.R. 31) right -of -way, within a zoning designation of Walgreens PUD (Planned Unit Development) SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Page 5 of 9 South: Office building and parking area within a zoning designation of Walgreens PUD West: Parking area then an office building within a zoning designation of Walgreens PUD GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Designation, Mixed Use Activity Center Subdistrict of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. The Walgreens PUD is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element, although the Variance request is not specifically addressed. ANALYSIS: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.H as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The Agave Southwestern Grill is one of four buildings on a parcel of land that has not been subdivided into outparcels and is located along an arterial road (Vanderbilt Beach Road). Please note: if the subject site were an outparcel, it would be entitled to two wall signs. Furthermore, the proposed signage will help to direct patrons to Agave Southwestern Grill. b. Are there special conditions and circumstances which do not result from the action of the applicant, such as pre - existing conditions relative to the property, which is the subject of the variance request? Yes. The traveling public does not notice Agave Southwestern Grill until they are upon the vehicular entrance. This is due to the view being partially blocked by the street corridor landscaping located along Vanderbilt Beach Road. C. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If a literal interpretation of the LDC were applied, only one wall sign would be permitted. Furthermore, the lack of signage would create inconveniences and burdens to the public. SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Page 6 of 9 d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The purpose of the requested Sign Variance is to allow for an additional wall sign that is otherwise not permissible by code. As previously stated, the additional wall sign would face towards a major arterial road, Vanderbilt Beach Road. Furthermore, the additional signage granted by the proposed sign variance would aid patrons in identifying the restaurant. In addition, if the Condition of Approval recommended by Staff is followed, the reasonable use of land is possible. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site. The granting of the Sign Variance request would allow for additional wall signs on the building facade that face towards the Vanderbilt Beach Drive road right -of- way. This sign variance confers a special privilege on the applicant. L Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. Section 5.06.0l.A. of the LDC states that the purpose and intent of the LDC relative to signage is to ensure that all signs are: 1. Compatible with their surroundings; 2. Designed, constructed, installed and maintained in a manner that does not endanger public safety or unduly distract motorists; 3. Appropriate to the type of activity to which they pertain; 4. Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation; 5. Reflective of the identity and creativity of the individual occupants. In staff's opinion, the request for the additional wall sign advances these objectives. SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Page 7 of 9 g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. There are no natural or physically induced conditions. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV- PL2011000285 revised on April 10, 2012. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- PL2011000285 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval that have been incorporated into the attached resolution: 1. The additional wall sign is limited to a maximum of 96 square feet and to the western building facade facing towards Vanderbilt Beach Road. SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Page 8 of 9 PREPARED BY: NANCY L CH, AICP, PRINCIPAL PLANNER GROWTH J ANAGEMENT DIVISION REVIEWED BY: RAYM�Q'ND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION WI/LIAM D. LORE , Jr., E., DIRECTOR GROWTH MANAGEMEN DIVISION AP D BY: NICK CASALAN I A, ADM RATOR GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Resolution PA 4-11 i'I? . DATE 0 �- 17-- Z0l7, DATE Y-/?- /L DATE Tentatively scheduled for the June 26, 2012, Board of County Commissioners Meeting SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 10, 2012 Page 9 of 9 RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER SV- PL20110002805 GRANTING A VARIANCE FROM SECTION 5.06.04.F OF THE LAND DEVELOPMENT CODE TO ALLOW TWO WALL SIGNS ON ONE BUILDING CONSISTING OF AN EXISTING WALL SIGN OF 93.33 SQUARE FEET ON THE NORTHERN BUILDING FACADE AND A SECOND WALL SIGN OF UP TO 96 SQUARE FEET ON THE WESTERN FACADE OF ITS BUILDING WHICH BUILDING IS LOCATED AT 2380 VANDERBILT BEACH ROAD IN SECTION 02, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner owns and operates the property located at 2380 Vanderbilt Beach Road in Collier County, Florida and seeks to add additional signage on the property; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number SV- PL20110002805 filed on behalf of A & D Real Estate Holdings II by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. with respect to the property located in Section 02, Township 49 South, Range 25 East, Collier County, Florida, and more particularly described as: Unit 500 of Olympia Park, a Land Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2763, Page 131 through 190, inclusive, as amended in Official Records Book Agave Southwestern Grill /SV- PL2011 -2805 Page 1 3/09/12 ATTACHMENT A 3875, Page 2975, and subsequent amendments thereof, all of the Public Records of Collier County, Florida, be and the same hereby is approved for two wall signs in the aggregate of 189.33 square feet as shown on the attached Exhibit "A". BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL20110002805 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of , 2012. ATTEST: DWIGHT E. B.ROCK, CLERK In , Deputy Clerk Approved as to form and legal sufficiency: DRAFT Heidi Ashton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation Attachment: Exhibit A — Sign Variance Site Plan CP \12- CPS - 01137 \9 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Agave Southwestern Grill/SV- PL2011 -2805 Page 2 3/09/12 io �J it Exhibit A u ; ` Q�_j�p I � 0 20' 40' l Vf ' SCALE: 1 = 40' Ado D REAL ESTATE HOLDING 11 soeina sPrF��gx '1 114 GradyMinor Faft4tarc 439.400-5358 Doe mx Q north Pon 94 t.426-5858 SIGN VARIANCE barc�� 6'ajttt6 yY9,g34.4317 CIVII Logincem • Land Surveyors x Planncr5 • Landscape AwhMcts SITE PLAN � "4 nor. xaxr.. CUT. OF AM. F. 80005151 CM- OPAMHAS0095151 61sFts4CCleomo.; �G-xv z�E Mx kwTJ:C nmr.vom Q. Gray' Minor a n4 A0a1 iaU.. PA. $}t$E7' i GF 1 Exhibit A 18A ))Friday, Apri[13,2012 )) NAPLES DAILY NEWS PITRLIC: 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, May 3, 2012 in the Board of County Commission- ers meeting room, Third Fioor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL., to consider: A Resolution of the Board of Zoning Appeals of Collier Coun- ty, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.E of the Land De- velopment Code to allow two wall signs on one building con- sisting of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of its building which build- ing is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, FLA, Principal Planner] AMILT 5 NDIN PELICAN GREENS OAKS PELICAN d MARSH PELICAN MARSH U' (.RI) MARSH (DRI) j 36 (ORI) 31 t 35 ¢ " PROJECT LAKEIS E GIB MARKER LAKE O rl VILLAS LOCATION VENETIAN K PLAZA VANDERBILT BEACH ROAD FOUNTAIN BRA VANDERBILT DF ' PARK VINEYARDS RE RE TRUST - GREENS BRIGHTON . (DRI) GARpENS MONTEREY VINEYARDS EMERALD CITRUS N (DRI) LAKES GARDENS OAK U' Z ossa (S) GROVE $ A�cooN BI LAKES. 1 P 6 ax SLEEPY I LONGVIEW FIRST HOLLOW CENTERS BAPTIST LONE CHURCH V.F.W. -IN OAK (S (S) PRINCE PARK KEYSTDNE PLACE WILLOW PARK 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, May 3, 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 240188511 Aoril 13, 2012 Martha S. Ve CCPC CU- PL20110001157 Ichthyo Park CU May 17, 2012 From: SawyerMichael <MichaelSawyer @colliergov.net> Sent: Thursday, April 19, 2012 10:19 AM To: Minutes and Records Cc: Bellows, Ray; Lorenz, William; patriciamorgan @collierclerk.com; Neet, Virginia; Rodriguez, Wanda; Kendall, Marcia Subject: Hearing Notice for Newspaper, CU- PL20110001157 Attachments: Hearing Notice for Newspaper.docx; 2x3 map from graphics.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please forward confirmation for final approval prior to processing. Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 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. 1 Martha S. Veraara From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Thursday, April 19, 2012 10:44 AM To: Sawyer, Michael; Minutes and Records Cc: Bellows, Ray; Lorenz, William; patriciamorgan @collierclerk.com; Neet, Virginia; Kendall, Marcia; Ashton, Heidi Subject: RE: Hearing Notice for Newspaper, CU- PL20110001157 The language in the ad conforms to the most recently approved title language from this office, and the request is within the statutory timeframe. OK to proceed. "lvanda Rodriguez, .ACP .Advanced Certified Paratega! phone: (239) z;? -8. 00 fax: (239) 252-630a 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: SawyerMichael Sent: Thursday, April 19, 2012 10:19 AM To: minutesandrecords (cbcollierclerk.com Cc: BellowsRay; LorenzWilliam; patriciamorgan @colliercierk.com; NeetVirginia; RodriguezWanda; KendallMarcia Subject: Hearing Notice for Newspaper, CU- PL20110001157 Please process the attached and acknowledge receipt at your earliest convenience. Also please forward confirmation for final approval prior to processing. Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 Under Florida Law, e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do riot send electronic mail to this entity. Instead, contact this office by telephone or in writing. April 18, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 27, 2012, and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services 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, May 17, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: CU- PL20110001157: Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code for property located in Section 23, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] (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, May 17, 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 COLLIER HACIENDA LAKES 0 REGIONAL (DRI) (P) PROJECT EDICAL CENTER r"H LOCATION 23 j 1 24 1 ROCKEDGE 19 HACIENDA LAKES (DRI) (P) SABAL PALM ROAD ry J 0 L m 0') 26 25 30 w U WINDING p CYPRESS DRI) HACIENDA LAKES (DR I) (P) 0 Acct #068779 April 19, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: CU- PL20110001157 — Ichthyo Park CU — Display Ad (w /map) Dear Legals: Please advertise the above referenced notice on Friday, April 27, 2012 and kindly send the Affidavit of Publication, in duplicate to this Office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500131207 April 18, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 27, 2012, and furnish proof of publication to the attention of Minutes and Records Department, 3299 Tamiami Trail E., Suite 401, Naples, Florida 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, May 17, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: CU- PL20110001157: Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code for property located in Section 23, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manager] (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, May 17, 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 COLLIER HACIENDA LAKES REGIONAL MEDICAL () (P) DR] PROJECT CENTER LOCATION 23 24 ROCKEDGE 19 HACIENDA LAKES (DR 1) (P) SABAL PALM ROAD J 0 o m rn 26 25 30 III U WINDING p CYPRESS S HACIENDA LAKES (DRI) (P) 0 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 Barbara Boyer, who on oath says that she serves as the Sales Coordinator 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 April 27th, 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 publigtion in the said newspaper ( Signature of affiant Sw rn to and subs ri d before me T 2nd day o ay, 2012 ` (Signature of notary public) •ta:� rye., CAROL PAWUNSb MY COMMISSION # EE 45538 a•. EXPIRES: November 28, 2014 "•'� pF'`. Bonded Thru Pichard Insurance Agency N111-' . NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission (CCPC) at 99.00 AM., Thursday, May 17, 2012 in the Board of County Com- missioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: CU- PL20110001157: Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Con- ditional Use to allow an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code for property located in Section 23, Township 50 Sou+` , '?ange 26 East, Collier County, Florida. rt, , rrnnatnr- Mike Sawyer. Proiect Manager] 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 ma- terials 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 pri- or to Thursday, May 17, 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 pro- ceedings 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 ac- commodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of cer- tain assistance. Please contact the Collier County Facili- ties 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.240173274 Ap6127 2012 HACIENDA <NES >) PROJECT DRI) ( LOCATION 24 19 .-..DG - NDA L NES (DRI) (P) SABAL PALM ROAD 26 25 30 WINDING — cwR[ss HACIENDA LANES c N E(DRO (DRI) (R) . 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 ma- terials 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 pri- or to Thursday, May 17, 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 pro- ceedings 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 ac- commodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of cer- tain assistance. Please contact the Collier County Facili- ties 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.240173274 Ap6127 2012 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, May 17, 2012 in the Board of County Com- missioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: CU- PL20110001157. Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Con- ditional Use to allow an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.1.c.3 of the Collier County Land Development Code for property located in Section 23, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Mike Sawyer, Project Manauerl �° HACIENDA L PROJECT LOCATION ocKEDC 24 19 HA ENDA LAKES DRI) ( >) SABAL PALM ROAD K¢ ¢ 26 25 30 O U WINREG C (DRi)S HACIENDA LAKES ORI) (R) 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 ma- terials 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 pri- or to Thursday, May 17, 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 pro- ceedings 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 ac- commodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of cer- tain assistance. Please contact the Collier County Facili- ties 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. 240173274 April 27. 2012 16A ))Friday, April 27,2012 )) NAPLES DAILY NEWS CCPC PL20110001497 Martha S. Vergara Bent Creek Preserve RPUD From: DeselemKay <KayDeselem @colliergov.net> Sent: Tuesday, April 10, 2012 3:46 PM To: Minutes and Records Cc: Bellows, Ray, Lorenz, William; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Kendall, Marcia Subject: PUDA- PL20110001497: Bent Creek Preserve RPUD for 5/17/12 CCPC Attachments: Ad to NDN for 5 -17 -12 CCPC.docx; 2x 3 map for NDN ad.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, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239- 252 -2931 Fax: 239 - 252 -6357 kaydeselem@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. April 10, 2012 Collier County Plapning Commission Public Hearing 21 ,,Advertising Requirements Please publish the following Advertisement and Map on April 27, 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. �"Vcj 4W�A� 10-1 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 Martha S. Vergara From: RodriguezWanda <Wanda Rod riguez @colIiergov.net> Sent: Tuesday, April 10, 2012 4:32 PM To: Deselem, Kay; Minutes and Records Cc: Williams, Steven Subject: RE: PUDA- PL20110001497: Bent Creek Preserve RPUD for 5/17/12 CCPC OK to proceed. "Wanda R.odrigu.ez, ACT Atfvanced c'e,rtified- Pa:ral- gal- 7hone: (230) 252-8. 00 fax: (23g) 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: DeselemKay Sent: Tuesday, April 10, 2012 3:46 PM To: Minutes and Records Cc: BellowsRay; LorenzWilliam; Trish L. Morgan; NeetVirginia; RodriguezWanda; KendallMarcia Subject: PUDA- PL20110001497: Bent Creek Preserve RPUD for 5/17/12 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 project name on all correspondence. << File: Ad to NDN for 5 -17 -12 CCPC.docx >> << File: 2x 3 map for NDN ad.pdf >> Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division--Planning ,& Regulation Phone: 239 -252 -2931 Fax: 239 -252 -6357 kaydeselem @colliergo v. ne t 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. April 10, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 27, 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 900 A.M. Thursday, May 17, 2012 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; 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 Thursday, May 17, 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 HERITAGE BAY (DRI) 23 24 19 NAPLES - IMMOKALEE ROAD (C.R.846) SUMMIT LAKES TUSCANY m `o COVE PROJECT w v 26 HABITAT 25 30 CRYSTAL w00DCREST LOCATION 0 LAKE WARM SPRINGS (S) Acct #068779 April 11, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA PL20110001497, Bent Creek Preserve (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/MAP) on Friday, April 27, 2012 and send the Affidavit of Publication, in Triplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500131207 April 11, 2012 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on April 27, 2012, and furnish proof of publication to the attention of Minutes and Records Office, 3299 Tamiami Trail East, Suite 401, Naples, Florida, 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, May 17, 2012 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; 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 Thursday, May 17, 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 HERITAGE BAY (DRI) 23 24 19 NAPLES- IMMOKALEE ROAD (C.R.846) SUMMIT LAKES C] TUSCANY `r' COVE m PROJECT w U 26 HABITAT 25 30 CRYSTAL WOODCREST LOCATION OV LAKE Fj WARM SPRINGS (S) 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, May 17, 2012 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of CollierCounty, Florida amending Ordinance Number2004- 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 for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] All interested parties are invited to appear and be heard. Individual speakers will be limited to 5 minutes on any item. Expert witnesses shall be limited to 10 minutes each. Persons who have been 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, May 17, 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.lf 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. 240188516 April 27. 2012 HERITAGE BAY (ORI) 23 24 19 NAPLES - IMMOKALEE ROAD (C.R. 846) SUMMIT LAK S 0 TUSCANY > COVE PROJECT wv 26 HABITAT 2s 30 WOODCREST `j CRYSTAL LO CAT 10 N O LAKE WARM SPRINGS (S) 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, May 17, 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.lf 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. 240188516 April 27. 2012 Martha S. Vergara From: BonhamGail <GailBonham @colliergov.net> Sent: Friday, April 13, 2012 9:20 AM To: Martha S. Vergara Subject: RE: PUDA PL20110001497 - Bent Creek Preserve RPUD Thanks! K'ail ,6onhi zm Gail Bonham, Legal Secretary to Heidi Ashton - Cicko, Section Chief, Land Use /Transportation Steven T. Williams, Assistant County Attorney Office of the County Attorney (239) 252 -2939 - Telephone (239) 252 -6300 - Facsimile gailbonham cr,collier og v.net PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. From: Martha S. Vergara [ mailto: Martha .Vergara@colIierclerk.coml Sent: Friday, April 13, 2012 9:19 AM To: BonhamGail Subject: RE: PUDA PL20110001497 - Bent Creek Preserve RPUD It's an adobe attachment, I don't know what else to say other than we are using Adobe Reader X (10.1.1) From: BonhamGail [ mailto :GailBonham(abcolliergov.net1 Sent: Friday, April 13, 2012 9:11 AM To: Martha S. Vergara Subject: RE: PUDA PL20110001497 - Bent Creek Preserve RPUD Martha, FYI .... I am not able to open the attachment .... I hope it's just me and that Heidi is able to review and approve it. x 'aif16onh —am Gail Bonham, Legal Secretary to Heidi Ashton- Cicko, Section Chief, Land Use /Transportation Steven T. Williams, Assistant County Attorney Office of the County Attorney Martha S. Vergara From: Martha S. Vergara Sent: Friday, April 13, 2012 9:29 AM To: Williams, Steven Subject: RE: PUDA PL20110001497 - Bent Creek Preserve RPUD Thanks Steve!! I will give them the go ahead!! Martha From: WilliamsSteven [ mailto :StevenWilliams @colliergov.netl Sent: Friday, April 13, 2012 9:28 AM To: Martha S. Vergara; Neet, Virginia; Rodriguez, Wanda; Bonham, Gail; Ashton, Heidi Subject: RE: PUDA PL20110001497 - Bent Creek Preserve RPUD It matches our records. Perfect. Steve Steven T. Williams Assistant County Attorney Collier County Attorney's Office 3299 Tamiami Trail East, Ste. 800 Naples, FL 34112 -5749 Telephone: (239) 252 -8400 From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.coml Sent: Friday, April 13, 2012 9:08 AM To: NeetVirginia; WilliamsSteven; RodriguezWanda; BonhamGail; AshtonHeidi Subject: PUDA PL20110001497 - Bent Creek Preserve RPUD Good Morning, Please review this ad proof and let me know if there are any changes ASAP. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergarakcolherclerk.com Please visit us on the web at www.collierclerk.com 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 Barbara Boyer, who on oath says that she serves as the Sales Coordinator 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 April 27th, 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 said neyrsaper. ( Signature of affiant) Sworn to and subsc ' ed before me Th)f 2nd day o a , 20 (Signature of notary public) CAROL PAWLINSKI MY COMMISSION # EE 45538 a•, EXPIRES: November 28, 2014 v .; ` Bonded Thru Pichard Insurance Agency 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, May 17, 2012 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of CollierCounty, Florida amending Ordinance Number2004- 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 for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] HERITAGE BAY (DRI) 23 24 19 NAPLESIMMOKALEE ROAD (C.R. 848) SUMMIT A b TUSCANY COVE PROJECT 46 J �• CRYSTAL HABITAT 25 WOOOCREST LOCATION 30 IW' U LAKE WARM SPRINGS (B) 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, May 17, 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.lf 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. 24 01 8851 6 April 27. 2012 PT TRT.T(' NOTICE PUBLIC NOTICE 16A ))Friday, April 27, 2012 )) NAPLES DAILY NEWS 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, May 17, 2012 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: PUDA- PL20110001497: Bent Creek Preserve RPUD -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004- 41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps for a project previously known as the Summit Lakes Residential Planned Unit Development (RPUD) which is henceforth to be known as the Bent Creek Preserve RPUD, to allow construction of a maximum of 450 residential dwelling units on property located approximately one -half mile east of the intersection of Collier Boulevard (C.R. 951) and Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, Collier County, Florida, consisting of 138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the Summit Lakes RPUD; and by providing an effective date. [Coordinator: 'Kay Deselem, AICP, Principal Planner] HERITAGE BAY (DRI) 23 24 19 NAPLEB-I....EE ROAD (C.R. 848) SUMMIT AK S 6 TUSCANY COVE w� 26 HABITAT zs PROJECT 30 YSTAL WOODCREST LO Cj AT I O N O "LAKE WARM SPRINGS (S) 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, May 17, 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.lf 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 240188516 Aoril27 2012 DEVELOPER CONTRIBUTION AGREEMENT SUMMIT LAKES II (Successor to Developer Contribution Agreement dated December 13, 2006) THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as the "Agreement" ) is entered into this _ day of May, 2012, by and between BENT CREEK PRESERVE, LLC, f/k/a CENTERLINE HOMES ENTERPRISES THREE, LLC, a Florida limited liability company and its successors, assigns and subsequent owner /developer ( "Bent Creek "); CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability company and its successors, assigns and subsequent owner /developer ( "Calusa "); WELLS FARGO BANK, N.A.; and COLLIER COUNTY, FLORIDA (the "County "). All capitalized terms not defined herein shall have the same meaning as set forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended. RECITALS: WHEREAS, Waterways Joint Venture V, a Florida partnership, was the owner of approximately 138.3 acres of land in unincorporated Collier County, Florida, located on the south side of Immokalee Road (CR -846), and approximately one half mile east of the intersection of Collier Boulevard (CR -951), and is adjacent to Woodcrest Drive (hereinafter referred to as the "Development "). The Development will be constructed on Tracts R and RA as depicted on the Summit Lakes Master RPUD Plan, attached hereto as Exhibit "A" and approved by the Collier County Board of Commissioners on December 12, 2006; and WHEREAS, Waterways Joint Venture V and the County have previously entered into that certain Developer Contribution Agreement Summit Lakes dated December 13, 2006 and recorded in Official Records Book 4162, Page 2816, Public Records of Collier County, Florida (the "2006 Developer Agreement "); and WHEREAS, Section 6.5 - Transportation - of the Summit Lakes RPUD, approved by the Board of County Commissioners on December 12, 2006, subsections "Q" and "R" states as follows: "Q. The developer shall build a local road cross - section on Woodcrest Drive from Immokalee Road to the southern boundary of the proposed Habitat Woodcrest RPUD. If the right -of -way for the entire road is not available, the Developer shall construct the portion that has sufficient right -of -way. Where the right -of -way is not available, the Developer shall pay in lieu of construction within 30 days of the right -of -way permit issuance. 2. Should the County approve a Developer Contribution Agreement (DCA), such agreement shall provide road impact fee credits for the design, construction, and permitting, including environmental mitigation, for the upgrade from a local road to a minor collector road. revisioni 2.29.12 R. The developer shall dedicate to the County, at no cost to the County, and within 90 days of rezone approval, approximately 1.51 acres for Woodcrest Drive right -of -way. This dedication shall not be eligible for road impact fees "; and WHEREAS, according to the terms of the 2006 Developer Agreement, Waterways Joint Venture V was vested transportation concurrency rights to the Development in exchange for Waterways Joint Venture V designing, permitting, and constructing a two lane urban collector road connecting Immokalee Road with Collier Boulevard and Vanderbilt Beach Road through a connection to Massey Street for the sum of $5,100,000 in Road Impact Fee Credits; and WHEREAS, pursuant to the terms of the Developer Agreement, on March 8, 2007, Waterways Joint Venture V provided an Irrevocable Standby Letter of Credit issued by Wells Fargo Bank, N.A., as successor (by merger) to Wachovia Bank, N.A (the "Bank ") in the amount of $2,550,000.00, equal to one -half (1/2) of the County's estimated Road Impact Fees; and WHEREAS, Waterways Joint Venture V failed to meet its obligations under the Developer Contribution Agreement. On September 9, 2010, the County called the Irrevocable Standby Letter of Credit; and WHEREAS, on September 2, 2010, Bank filed a Verified Complaint in the Circuit Court of Collier County naming Waterways Joint Venture V, LLC (as successor by conversion to Waterways Joint Venture V) as a defendant and requesting the Court to enter a judgment of foreclosure with respect to the Bank's first priority mortgage on the real and personal property comprising the Development (the "Collateral "); and WHEREAS, on June 23, 2011, Bank obtained a Summary Final Judgment of Foreclosure against Waterways Joint Venture V, LLC with respect to the Collateral (the "Judgment "); and WHEREAS, on October 28, 2011, Bank executed an Assignment of Rights, a copy of which is recorded in Official Records Book 4731, Page 2059, Public Records of Collier County, Florida, thereby assigning to Bent Creek all of Bank's right, title, and interest in the Judgment and the Collateral (save and except the Bank's right to receive the LOC Refund, as defined below, from the County, which LOC Refund shall be paid to Wells Fargo Bank, N.A.); and WHEREAS, Calusa is the owner of a proposed residential project on the east side of the future Woodcrest Drive opposite Summit Lakes PUD, will be benefitted by the Project (as hereinafter defined) and desires to participate in the funding of a portion of the Project; and Revision 03 -29 -12 2 WHEREAS, the County is willing to enter into this Agreement in order to accelerate the building of this connector road at a cost which the County believes is less than that which the County could procure; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the conveyance set forth in this Agreement (hereinafter referred to as the "Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board finds and reaffirms that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other developers, will not adversely impact the cash flow or liquidity of the County's road impact fee trust accounts in such a way as to frustrate or interfere with other planned or ongoing growth- necessitated capital improvements and additions to the County's transportation system; C. The Proposed Plan is consistent with both the public interest and with the comprehensive plan, including the most recently adopted five -year capital improvement program for the County's transportation system, the Long Range Transportation Plan and complies with the requirements of the Collier County Consolidated Impact Fee Ordinance; and d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00) application fee for this Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Except as expressly set forth below, this Agreement supersedes and replaces in its entirety the 2006 Developer Agreement, which on execution of this Agreement is terminated in its entirety and is of no further force or effect. 2. Pursuant to the terms of the 2006 Developer Agreement, the County has incurred or will incur Right -of -Way costs of approximately $1,105,632, as follows: Expended $833,632 Projected (Warm Springs) $272,000 Summit Lakes Estimated $ -0- Revision 03 -29 -12 3 Total Costs $1,105,632 3. The parties agree that the County will deduct the total costs incurred pursuant to the 2006 Developer Agreement (as set forth above in paragraph 2) from the $2,550,000.00 funds received in accordance with the terms of the Irrevocable Standby Letter of Credit and will record on the Summit Lakes Road Impact Fee Credit Ledger an Impact Fee Credit of $1,105,632.00. 4. By its execution of the joinder attached to this Agreement, Bank stipulates that the recitals set forth above which concern Bank are in all manner and respect accurate and true, and that County may justifiably rely on these recitals in entering into this Agreement. In partial consideration for such reliance, after reimbursement of the foregoing costs to the County, Bank (as the party that paid the $2,550,000.00 to the County under the Irrevocable Letter of Credit) will receive a refund of the excess funds from the Irrevocable Standby Letter of Credit for a total refund in the amount of $1,444,368.00 (one million four hundred forty -four thousand three hundred sixty- eight dollars) (the "LOC Refund "). The LOC Refund shall be paid to Bank by the County within forty-five (45) days after the date this Agreement is fully executed. With the exception of the foregoing stipulation as to the recitals and agreement to pay the LOC Refund to the Bank, and as partial consideration for the LOC Refund, Bank and the County hereby mutually release one another from all claims and obligations of whatever kind with respect to all matters concerned by both this Agreement and the 2006 Developer Agreement. Except as set forth in this paragraph, Bank is not a party to the remainder of this Agreement and the other terms of this Agreement shall not apply to Bank. 5. Road and Utility Improvements. (a) On execution of this Agreement, the County will receive full ownership of the design plans for Woodcrest/Tree Farm/Massey Road as completed to date, free and clear of any claims or encumbrances. (b) Bent Creek shall be responsible to construct a road extending from Immokalee Road to a point which is south of the Habitat Woodcrest PUD entrance (the "Road ") as shown on the drawing marked as Exhibit "A" referenced below and attached hereto, and shall also be responsible to construct certain water and wastewater utilities (the "Utilities "), as depicted in Exhibit "D" and referenced below, within the road for the purpose of temporarily servicing the Summit Lakes PUD, Habitat Woodcrest PUD, and the neighboring Calusa Pines proposed residential development project (the Road, Water Management, and Utilities design and construction including CEI and any needed design services shall be referred to as the "Project "). Although Bent Creek shall be responsible for constructing these improvements, the owner /developer of the Calusa Pines project shall be responsible for paying to Bent Creek its share of cost for the temporary Utility improvements only, based upon its pro -rata fair share determined based upon the proposed number of residential units for the Summit Lakes PUD and Calusa Pines projects. Bent Creek and the owner of the Calusa Pines project have entered into a Revision 03 -29 -12 4 separate agreement confirming the construction of the Utilities and the specific allocations of cost to each for such improvements. (c) Bent Creek shall utilize the design drawings prepared by CH2MHill, as set forth in Exhibits `B" and "C" in order to permit and construct (i) the Road to urban collector road standards, and (ii) shall construct a compacted lime -rock road on fill at the cross - section elevations proposed on the Tree Farm Road/Woodcrest Drive roadway plans prepared by CH2M -Hill from that point shown on Exhibit "C ", Section B -B and Section C -C to the intersection of Woodcrest Drive and Acremaker Road; provided, however, that the cost of design, permitting, environmental mitigation, clearing, grading, acquiring fill and associated construction costs beyond that required to simply place compacted lime -rock on the existing dirt road as depicted in Exhibit "C" Section C -C shall be the responsibility of Collier County Public Utilities Division. Bent Creek may construct these sections of road in phases such that if Bent Creek is ready to permit and construct that portion of the road referenced in 5(c)(i) herein prior to the Collier County Public Utilities Division completing its obligations referenced in 5(c)(ii), Bent Creek shall be permitted to construct the road improvements referenced in 5(c)(i) and shall complete the road as provided in 5(c)(ii) at such later date when Collier County Public Utilities has completed its obligations for permitting and financing such construction. The typical road sections for the Project are set forth in the Exhibit "C ". In addition, Bent Creek shall also construct the Utilities according to the proposed utility designs in accordance with the drawings prepared by RWA, Inc. and approved by the Collier County Public Utilities Division attached hereto as Exhibit "D ". (d) The County anticipates that its utilities department may desire to make modifications to the Utilities as depicted in Exhibit "D ". The County shall ave a period of one y from the date the Collier County Board of Commissiopes approves this Amendment �Vi n which to notify Bent Creek of the require odifications to the wastewater Utilities,If notice is given within the one year iod, Bent Creek shall be responsible to construct�tbe wastewater Utilities as modif by the County. In the event the County fails to notify Befit Creek of any required odifications to the utilities within this one year period, Bent Creek may proceed the construction of the Utilities as depicted on Exhibit "D ", which may, be utili d to satisfy the wastewater needs of the Development on a temporary basis. The- ty recognizes that Bent Creek may need to construct the Utilities in the near to s epicted in Exhibit "D ", and accordingly, this one year period notwithstanding, nt Creek shall be permitted to construct the Utilities as currently depicted in Exhibi " in the event either Bent Creek or Calusa is ready to move forward with the development of the property prior to the expiration of the one year period. If construction of e Utilities is completed as currently depicted in Exhibit "D ", upon completion of such construction, Bent Creek and the owner of the Calusa Pines project shall have/met all of their cost obligations relative to the construction of the Utilities, and toe /Collier County Public Utilities Division shall be responsible for all costs associated With the modification of the Utilities noted above, if the County chooses to construq /such modifications. It is expressly understood and agreed that in the event Collier 'County Public Utilities is ready to move forward with modifications to the Utilities as shown in Exhibit "D" and has permitted same prior to the successor developer Revision 03 -29 -12 5 commencing — construction of the temporary Utilities, as depicted in Exhibit "D ", then Bent Creek and Calusa's fair share cost obligations for "such modified Utilities shall in no event be greater than the actual estimated cost-to construct the temporary Utilities as shown on Exhibit "D ", as evidenced by estimates for —t rary utility connections (Options 1 and 2) attached hereto as Exhibit "G ". Or — _Waiting to have Aaron Cromer and Craig Pajer verify the language below. (d) The County anticipates that its utilities department may desire to make modifications to the Utilities as depicted in Exhibit "D ". The County shall have a period of one year from the date the Collier County Board of Commissioners approves this Amendment within which to design, permit and notify Bent Creek of the required modifications to the wastewater Utilities. If notice is given within the one year period, then the Utilities shall be modified in accordance with the modified Utilities as prepared by the County. In the event the County fails to notify Bent Creek of any required modifications to the utilities within this one year period, Bent Creek may proceed with the construction of the Utilities as depicted on Exhibit "D ", which may be utilized to satisfy the wastewater needs of the Development and the Calusa property on a temporary basis. If construction of the Utilities is completed as currently depicted in Exhibit "D ", upon completion of such construction, Bent Creek and the owner of the Calusa Pines project shall have met all of their cost obligations relative to the construction of the Utilities, and the Collier County Public Utilities Division shall be responsible for all costs associated with the modification of the Utilities noted above, if the County chooses to construct such modifications. It is expressly understood and agreed that in the event Collier County Public Utilities is ready to move forward with modifications to the Utilities as shown in Exhibit "D" and has permitted same prior to the Bent Creek commencing construction of the temporary Utilities, as depicted in Exhibit "D ", then Bent Creek and Calusa's fair share cost obligations for such modified Utilities shall in no event be greater than the actual estimated cost to construct the temporary Utilities as shown on Exhibit "D ", as evidenced by estimates for temporary utility connections (Options 1 and 2) attached hereto as Exhibit "G ". The actual construction of the Utilities as modified by the County shall be the responsibility of the County, and not that of Bent Creek or Calusa. The County shall complete the construction of the Utilities within months of providing notice to Bent creek that the county is modifying the Utilities. (e) Bent Creek shall also convey at no cost to the County the right -of -way necessary to accommodate the urban collector road section along the eastern boundary of the Summit Lakes PUD within 90 days of approval of this Developer Agreement. Bent Creek shall complete the construction of the Project no later than the earlier to occur of (a) the issuance of the 150th building permit within the Development; or (b) two years from Bent Creek's commencement of land development (horizontal improvements) at the Development; or (c) one year from the date Bent Creek obtains permits for the Project, unless delays in permitting or delays caused by the County requiring modifications to the Utilities as provided in 5(c) above cause the commencement of the Project to be delayed, in which event the time period to complete construction of the Project shall be extended day- for -day for the number of days in which the any such delays have delayed Revision 03 -29 -12 6 commencement of the Project. The Project improvements described herein, water management, and the right -of -way conveyance shall not be eligible for road impact fee credits. Bent Creek shall fully cooperate with the County Public Utilities Division in the construction of any modified Utilities once the County Public Utilities Division has fully designed, financed, permitted, and environmentally mitigated the modified plans for the construction of water, wastewater and irrigation quality water facilities within the proposed Tree Farm Road/Woodcrest Drive project limits. In addition, Bent Creek shall connect to the Collier County wastewater system at one point on Woodcrest Drive via one submaster pump station design with variable frequency drives as approved by County planning and project management staff. (f) As depicted in Replacement Exhibit `B ", Bent Creek will plan for the acceptance of storm water runoff for a two lane urban cross section as shown in Section "A -A" on Exhibit "C" for the Woodcrest Drive right of way from Immokalee Road to Acremaker Road into the Summit Lakes PUD as part of the Environmental Resource Permit modification with the South Florida Water Management District and associated with the future development of the site. The acceptance of the storm water runoff will provide for the water quality treatment and storm water attenuation of the proposed Woodcrest Drive roadway improvements and associated right of way from Immokalee Road south to Acremaker Road. The Woodcrest Drive roadway and utility improvements will be permitted by Bent Creek under separate applications to the appropriate agency with jurisdiction and not as part of any permit applications associated within the Summit Lakes PUD property boundary. Upon Bent Creek's request, the County will be a joint applicant on the permit however; Bent Creek shall be responsible for all permitting and design costs. 6. Bent Creek shall be solely responsible for all costs associated with the design, permitting and construction costs for utilities associated with the Project. No impact fees shall be granted for any of these costs. 7. Bent Creek shall receive, as full compensation for the Project, the sum of $1,105,632.00 in Road Impact Fee credits, upon commencement of construction of the Project. A copy of the Impact Fee Ledger, setting forth the amount of Impact Fee Credits granted pursuant to this Agreement, is attached as Exhibit "F ". 8. The credit for Road Impact Fees identified herein shall run with the Development and shall be reduced by the entire amount of each Road Impact Fee due for each Building Permit issued thereon until the Development project is either completed or the credits are exhausted or otherwise no longer available, or have been assigned by operation of or pursuant to an assignment agreement with County. The foregoing reduction in the Road Impact Fees shall be calculated based on the amount of the Road Impact Fees in effect at the time the Building Permit is issued. The credits set forth herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or reduce any other charges, fees or other Impact Fees for which Bent Creek, its successors and assigns are responsible in connection with the development of their lands. It is expressly understood that the Impact Fee Credits will be utilized in the order in which the Revision 03 -29 -12 7 Building Permits are reviewed by the Impact Fee Administration, irrespective of whether Bent Creek assigns all or part of the Development. 9. On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which amended the Consolidated Impact Fee Ordinance to provide that a COA in perpetuity will be issued upon payment of thirty-three percent of the estimated road impact fees. The Road Impact Fee Credit in the amount of $1,105,632.00 surpasses thirty -three percent of the estimated road impact fees based on current rates for 450 single family detached units. Bent Creek shall receive a Certificate of Adequate Public Facilities ( "Certificate ") vesting the Development to construct 450 single family dwelling units for the purposes of meeting the County's Transportation Concurrency requirements. Final calculation of the remaining road and other impact fees due will be based on the impact fee schedule in effect at the time of the submittal of the building permits and shall be paid in full prior to issuance of each building permit. 10. In the event that upon build -out of the Development the Road Impact Fee Credits are still unspent, the remaining balance of such estimated fees may, at Bent Creek's election (1) be transferred to another approved project within the same, or adjacent transportation impact fee district, provided any vested entitlements associated with the unspent and transferred impact fee credits are relinquished and the Certificate is modified to delete those entitlements, or (2) be promptly returned to Bent Creek. Such reimbursement shall be made over a period of five years from the date of completion of the development as determined by the County. 11. Bent Creek, at its sole cost and expense to permit and contract, may excavate additional material from the County's roadway drainage pond adjacent to the Summit Lakes RPUD. 12. Bent Creek shall be entitled to no more than 30 Certificates of Occupancy each month until the Project is completed. Should the Project be delayed, or if this Agreement is terminated by Bent Creek, Bent Creek shall be entitled to Certificates of Occupancy for no more than one half (1/2) of the units approved until the Project is substantially completed. 13. The Project shall be submitted for review, permitting and inspection through the Collier County Community Development Engineering Services Department and the Collier County Transportation Right -Of -Way Department. All permit applications will be filed on behalf of the County. Final acceptance shall be consistent with the typical County acceptance process for public roads. 14. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 15. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. Upon giving written notice to the County, Bent Creek may assign all or part of the Road Impact Fee Credits, utilizing the County's then current form of assignment, to successor Revision 03 -29 -12 8 owners of all of part of the Development, or as otherwise provided for in the Collier County Consolidated Impact Fee Ordinance. 15. Bent Creek acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or its successors or assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. 16. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 17. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Bent Creek Preserve, LLC: Harmon Turner Building Attn: Naples, Florida 34112 Address: Attn: Phone: (239) 774 -8872 Phone: (239) 352 -6610 Facsimile: (239) 774 -9370 Facsimile: (239) 352 -1460 To Calusa Pines Golf Club, LLC: Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 18. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Bent Creek shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the other parties, upon request. 19. In the event of a dispute under this Agreement, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy Revision 03 -29 -12 9 being cumulative with any and all other remedies available to the parties for the enforcement of this Agreement. 20. Any future reimbursement for excess credits shall come from future receipts by the County of Road Impact Fees. However, no reimbursement shall be paid until such time as all development, as defined by the County Manager or his designee, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the Development. 21. An annual review and audit of performance under this Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or unilaterally modified by the County. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Revision 03 -29 -12 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA in , Deputy Clerk AS TO BENT CREEK: Signed, sealed and delivered in the presence of- Signature Printed Name Signature Printed Name By: FRED COYLE, Chairman BENT CREEK PRESERVE, LLC, f/k/a CENTERLINE HOMES ENTERPRISES THREE, LLC, a Florida limited liability company By: Name:_ Title: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of 2012, by , as of Bent Creek Preserve, LLC, f/k/a Centerline Homes Enterprises Three, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. Notary Public My Commission Expires: Revision 03 -29 -12 11 AS TO CALUSA: Signed, sealed and delivered in the presence of. Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF COLLIER CALUSA PINES GOLF CLUB, L.L.C., a Florida limited liability company By:_ Name: Title: The foregoing instrument was acknowledged before me this day of 2012, by , as of Calusa Pines Golf Club, L.L.C., a Florida limited liability company, who is personally known to me or has produced as identification. Notary Public My Commission Expires: Approved as to form and legal sufficiency Jeffrey A. Klatzkow, County Attorney Revision 03 -29 -12 12 JOINDER OF BANK WELLS FARGO BANK, N.A. ( "Bank ") hereby joins in the foregoing Agreement for the sole purpose of agreeing to the stipulations, provisions, and mutual releases set forth in paragraph 4 thereof. AS TO BANK: Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing WELLS FARGO BANK, N.A. By:_ Name: Title: instrument was acknowledged before me this day of _ 2012, by , as Vice President of Wells Fargo Bank, N.A., who is personally known to me or has produced as identification. Notary Public My Commission Expires: Revision 03 -29 -12 13 LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" Master Plan Exhibit `B" Scope of Project Exhibit "C" Typical Road Sections Exhibit "D" Utilities Exhibit "E" Legal Description & Sketch of ROW Conveyance Exhibit "F" Impact Fee Credit Ledger Exhibit "G" Estimates for Temporary Utility Connections (Options 1 and 2) Revision 03 -29 -12 14 e � OEM ii " a iol s FF b u'1 oil 8 i* iEa • � � T11ACf 'R I ............ Ii I IT _ F° [ i - - - On v �ruYr�irv+ v P .1I • EXHIBIT "A" - t2ni IIk1CR' KE .•..�.,,,R Y °<< WATERWAYSJOINT VENTURE V I SUMMIT LAKES RPUD �]p0�:w02 HJ..SH. <� RPUD MASTER PLAN Z S DNP > I iM wwwM diaYM11W.MYMIO� R111M I'rr►�w M1r Mme+, Mom R ii " a iol s st ■ ■��11Y]p]]ptt + YF �1yy�1ii(( ■ + + + i u'1 oil 8 i* iEa • � � T11ACf 'R I ............ Ii I IT _ F° [ i - - - On v �ruYr�irv+ v P .1I • EXHIBIT "A" - t2ni IIk1CR' KE .•..�.,,,R Y °<< WATERWAYSJOINT VENTURE V I SUMMIT LAKES RPUD �]p0�:w02 HJ..SH. <� RPUD MASTER PLAN Z S DNP > I iM wwwM diaYM11W.MYMIO� R111M I'rr►�w M1r Mme+, Mom R EXISTING m AC REM AK ER ROAD ° Mo ) \ > ��{ R �, §§� \ \ / ( � � i� CD ,i / m (o ) , 9 E:: ° o r - r. 2 r 0 z \� (n) \j}§ _ - - \ °� oom MF4 M§Z� k \ §§\ §! -0 G k �� % -M 32" kg0z §§S 2 m�'� � § \k q§a,2 2m G \) 9 q�� g77 §� c��„ )�mzf 2ddr CA \4 ��i k§��§ / 599 j �� \ - n § `��] ƒ �) °` §\ - \ \ o11 �� } \2�k� �k� \ A) =]2* ��C 0 §�2 ° k o0gK) §t � ƒ , �m 2- ( § ()° § \ ) §2 k z\/ u 7 - f q 2 \i #+ �§ § % $ P. \ 0 \ e (n + |\ 0� " )8 ` §)Q§ � � k §4 z 9 Mz § ®� > -2 ,| § § �> z G %k 99 \7 k / 022 dm k o M8 I� §�( , //> o/ `z ) 22) % / 7 «m . EXISTING N9oULEERUo §— k , § �§ �\ x z �§ } j 2 ± ƒ � § } e 2 ) \ b e @ \ � � §� — � — LJ } � E � � § [ S / \ Ix k ^ j k§ §2 Gk § ( \ % § \ I k _ z Ll C\ ( \\ w \[ w�e < § Z ° °I>i o ) � [ I §0- I 7-11� \ - § 6 � § § 11 04 c k§! k Ir Ld o| � o G 2§w 2 _ I @/ � _ d I I I \) 2 SD �{ §G § 1 ƒ( § nj /§$ )3� \u a kb - cak § �) § I D 22 \ » �5§ ®f m2 E k'k 0° § § �2 B ° ° I § |§� � Luin �w w ( z \\ \ ƒ%(f �t b § 0� ° t 1_ D w \[ w�e < § Z ° °I>i o ) � [ I §0- I 7-11� \ - § 6 � § § § § / \ k§! k � o| � o G 2§w 2 _ / _ d I =:z °�\ (0 �{ § § / \ ke� �2B k � )a/ I G 2§w 2 II / - ) �{ 2 nj /§$ )3� \u ) - cak § �) § I D » \ » �5§ ®f m2 E �\ w�% § �2 B ° ° J2 Of �_ z \\ \ f 4 0� ° t ® 7 k \ \ 9 `§ 5 § 2 >� qU k §22 ( \ b \ i > - KO -C, I }o ' ° kLi\ I /[ §! k I m2 § La � <e � k o — — — °°� k)/ Mon — — o \ ke� �2B k I )a/ G 2§w 2 II / ) 2 ) /\ y �\ w�% �e �_ � / \ 0w k U0 t , m 2 §22 \ O] % kLi\ y m2 7 � k =33 §0- \| a goODmm: OzDOXO w Dvx.x. t 0zzZZ1 �•i cvm �Nv mA ; [rl 0- CV) �O N� 0 Z N fjc zy� CZ ;yy �S �omrn j-i Z0 mmo� Mmm n �moOm m D-p rn n �o f1 z cc) z nOrn� �O V) rm00�iZ� N W -OF C- 3 p °am Gm,, m nz Nczim Z vcitnnt�nXOM +�0 .� V,c)m�r -i*n c� �v nim� M�-3 ac�cnm°m OAA �7 0r- 0 ao-norD � v�� C7 �imo�o°^'a Vom 3 Orp �z jam�Oo Dcm [/� ma4 ;U0 f r� om mrn cm: Om °vim za, >??z �nryv� °_ a �� m zc z��C ZO OvC�D)?m DDm �T. �C7m0�7 A Z� im N cz-i F omc>v ° Mmr�*ona� vii <a w° �co�oN �mc�z� Spz �N zorm m z m og� z c�ZOc �� 0o z�� z O p,Zmj m nU) N fn O� Z V) o v 90 v 0 rs rm a; moo �3C ae I 0 O I r I ON );*100 �p 'c DA N Ox I Z C D_ ;00 O� ni m0 D � n m Z c�•• o m C � z c A Z m z I z m 0 C� In 22 C N o m ro D D o og , N n O 0 m j a �j 0 n ..o m zzc d nmKrn c=1 z z z v °m 00Cm� o �z " DZC °- m �, �c N m C u— mc) m m czyOr -i* vmjaA O T o O mcn m o rnQ V�smz H nyxo NxSZV X.D� D 1� /1 /�, i W `Y rn x-mni n G ,) zpc� d gz 4 zM,no �"0 o m "T 2 cz�z cAio oN� m °� mo ��o roc C7 2 v I I rn zm ;l z �mz-< ��A O T oz o ro >r a oy 0 0 �'� Dyso�io- Z W O OO m fm Z rsz {�4 .Ni�Om r.y�U)� 0 n !A 0 0 i gz° W `J m m cn =) D - - - - -- ----- -- C :0 Ca -_ RMWOKALEE ROAD - - - - -- - -- y I W__� ____ - - - - -- DI Z - = =.x� _- --- - - - - -- m g D i EXISTING CANAL o I No o m^ 4 - au O X00 mz O m �omcmi 0 mm TT 4h O Z Y D aD n � Z m Z(7) m m M rnor�srn� m z N zz Mp VA KI ,Oz, O Z m Z A 0 111I O m X \\ 1 80z, M 04 0 oz mZ —o _ A Z W O `-� m - �, N 0 W E j Z C m S LWATERWAYS JOINT VENTURE V N, tTl y TAX PARCEL 1.0 26 -46 -26 � m CALUSA PINES OR 3408/2611 TAX PARCEL 4.0 25 -48 -26 i OR 2726/1729 2 O aN N tA DNE TABLE 3S' UNE BEARING I LENGTH L1 S89'59'40'W 35.03' L2 S8959'07'E 35.03' 1-3 N89'59'21'W 30.03' L4 S02'19'44'E 267.80' L3 L5 S89'5 ' 8' 30.03' WATERWAYS JOINT VENTURE V TAX PARCEL 15.0 26 -48 -26 OR 3494/801 POINT OF Z In BEGINNING N N EAST 1/4 CORNER SECTION 26 CO OD WATERWAYS JOINT VENTURE V W LA Z TAX PARCEL 8.0 26 -48 -26 ? " OR 3494/799 rrl m ® PROPOSED RIGHT OF WAY rn rn °z J P N [� -.J O OR OFFICIAL RECORD BOOK /PAGE 35' LEGAL DESCRIPTION FOR PARCEL 109 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE 5.02'18'34 "E. ALONG THE EAST LINE OF SAID SECTION 26, FOR 668.73 FEET TO THE SOUTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.89'59'40 "W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 35.03 FEET; THENCE N.02'18'34 "W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 26, FOR 667.31 FEET; THENCE N.02'19'44 "W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE, FOR 1,339.53 FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3408, PAGE 2611, OF SAID PUBLIC RECORDS; THENCE S.89'59'07 "E. ALONG SAID NORTH LINE, FOR 35.03 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26; THENCE S.02'1 9'44"E. ALONG SAID EAST LINE, FOR 1,070.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N.89'59'21 "W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 30.03 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 801, OF SAID PUBLIC RECORDS; THENCE 5.02'19'44 "E. ALONG THE EAST LINE OF SAID PARCEL, FOR 267.80 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL AND A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF SAID PUBLIC RECORDS; THENCE 5.89'58'28 "E. ALONG SAID NORTH LINE, FOR 30.03 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 62,205 SQUARE FEET OR 1.43 ACRES, MORE OR LESS. 0 150 300 600 8Y; SKETCH & DESCRIPTION ONLY NNS S. FLORIDA REGISTRATION CERTIFICATE NO. 56 & PER NOT A BOUNDARY SURVEY SCALE: 1' =300' SIGNING DATE FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMINSSIONERS NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. ' WOODCREST DRIVE ]AITA .— SKETCH & DESCRIPTION OF: PROPOSED RIGHT -OF -WAY CONSULTING aVi1EiW -miug Z \ T TL 1 Sm c5* & Mapping PARCEL 109 6610 Willow Park Drive, Suite 200 COLLIER COUNTY, FLORIDA Naples, Florida 34109 Phone: (239) 597 -0575 FAX: (239) 597 -0578 LB No.: 6952 JOB NUMBER I REVISION I SECTION TOWNSHIP RANGE I SCALE DATE DRAWN BY FILE NAME SHEET 030008.00.06 0001 26 48S 26E 1" = 300' 1 05 10 07 PTN I SK 109 1 1 OF 1 HERITAGE RESIDENTIAL DEVELOPEMENT .+YR_ M1 !' A Vie. BLS - ROAD • - �.L�sK..+• ry`.iwi`�ra n iii 4" ivd TREE FARM ROAD - WOODCREST DRIVE Collier ! o ty Scale® —� No 0 500 1000 PROPOSED IMPROVEMENTS CH2MHILL w C O O v n �o m y < m 3 ma X O m 3 m z y 2 r r JOIN LINE IMMOKALEE RD (CR 846) ACREMAIT-R RD. W. JOIN LINE Collier County Planning Commission May 17, 2012 Change Sheet for the Bayshore Gateway CRA LDC Amendment Changes to your May 3rd Draft are highlighted in M. Page 7: b. Use Categories and Table of Uses. ii. Interpretation of the Table of Uses C) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD -NC and BMUD -W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning However, all projects must comply with site development standards as provided in Section 4.02.16. # # # # # # # # # # # # # Pages 8, 9 and 10 (Table Header): The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the BMUD -NC and BMUD -W subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other ro'ects may elect to establish uses, densities and intensities in accordance with their underlying zoning -�. However, all projects must comply with site development standards as provided in Section 4.02.016. # # # # # # # # # # # # # Page 13: b. Use Categories and Table of Uses. ii. Interpretation of the Table of Uses * * * * * * * * * * * * * C) Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD- MXD subdistrict, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning Tahlo of l lc - . However, all projects must comply with site development standards as provided in Section 4.02.16. # # # # # # # # # # # # # Pages 14, 15 and 16 (Table Header): The Table of Uses identifies uses as permitted uses (P); accessory uses (A); conditional uses (CU), or a combination of the three. Blank cells indicate that a use is not allowed in the corresponding subdistrict; however, such use may be permitted by the underlying zoning designation. Mixed Use Projects shall be limited to the permitted, accessory and conditional uses allowed in the GTMUD -MXD subdistricts, and subject to the MUP approval process as outlined in Section 10.02.15. All other projects may elect to establish uses, densities and intensities in accordance with their underlying zoning However, all projects must comply with site development standards as provided in Section 4.02.016. # # # # # # # # # # # # # Page 17: 1. Neighborhood Commercial Subdistrict (BMUD — NC) a. Specific District Provisions: i. Maximum Densitv: # # Page 18: 2. # # Page 19: 3. Page 20: 4. Page 21: 5. Page 22: 6. EM F # # Waterfront Subdistrict (BMUD — W) a. Specific District Provisions: i. Maximum Density: units per acre, comprised of density allowed _ ina district and available density bonuses. a) Residential DrniontS are limited to the maximum deRSity �c rort of � flAiverl I Ice Drniert # # # # # # # # # # # Residential 1 Subdistrict (BMUD — R1) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district — # # # # # # # # # # # Residential 2 Subdistrict (BMUD — R2) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district . # # # # # # # # # # # Residential 3 Subdistrict (BMUD — R3) a. Specific District Provisions: i. Maximum Density is limited to the maximum density allowed by the underlying zoning district # # # # # # # # # # # Residential 4 Subdistrict (BMUD — R4) a. Specific District Provisions: w •t i. Maximum Density is limited to the maximum dens it allowed by the underlying zoning district _ # # # # # # # # # # # # # Page 24: 2. Mixed Use Subdistrict (GTMUD MXD) a. Specific District Provisions: i. Maximum Density: a units per acre comprised of density allow( y e urr t1`" oninq district and available density bonuses. a) Rcirinnti +I Drnior 4�TSarG limited to the m -ivimi im density allowed by the URdeFlying ZGniRg district-, unless ;--1, 44 # # Page 25: 2. # # iRGFease density abc)ve the deRsity allow-2d by I (� Y # # # # , 1`{ # J7 Residential Subdistrict (GTMUD R) a. Specific District Provisions: i. Maximum Density is limited to the maximum dens it allowed by the underlying zoning district # # # # # # # # # # # Page 62: 10.02.15 Mixed Use Project Procedures within the Bayshore Gateway Triangle Redevelopment Area A. Mixed Use Project Approval Types. Owners of property located in the Bayshore Gateway Triangle Redevelopment Area designated as Neighborhood Commercial (BMUD -NC), Waterfront (BMUD -W), and Mixed Use (GTMUD -MXD) Subdistricts may submit an application for a Mixed Use Project (MUP). The MUP shall allow for a mixture of residential and commercial uses, as permitted under the Table of Uses for the appropriate Subdistrict. Applications for a MUP may be approved administratively or through a public hearing process as described in this Section. A pre - application meeting is required for all MUP applications. 1. Administrative Approval: a. MUPs may be approved administratively provided they meet the following conditions: i. The MUP com lies with all site development standards as outlined in of the LDC; # # # # # # # # # # # # # Page 63: B. MUP Deviations 1. Authority. The County Manager or designee may grant administrative deviations for proposed developments requesting, or which have obtained, MUP approval he following land development standards providing such deviation requests demonstrate compliance with the applicable criteria. # # # # # # # # # # # # # Page 64: B. MUP Deviations 2. List of Development Standards Eligible for Administrative Deviation Requests. MUPs shall be eligible to seek an administrative deviation from the following Code provisions: * * * * * * * * * * * * C. Landscape and Buffer Requirements. The alternative plans requesting approval for deviation from landscaping and buffer requirements shall be subject to the process and procedures of Section 5.05.08. F. 1. — 3. Deviations and Alternative Compliance NEWWWRIP # # # # # # # # # # # # # C. Bonus Density Pool Allocation Under the Collier County Future Land Use Element, bonus density units are available for reallocation within the Bayshore /Gateway Triangle Redevelopment Overlay. The County Manager or designee will track the Bonus Density Pool balance as the units are used. These W bonus density units may be allocated between the BMUD and GTMUD overlays, and shall only be allocated through public hearing approval process. # # # # # # # # # # # # #