Agenda 05/10/2016 Item #10A5/10/2016 10.A.
EXECUTIVE SUMMARY
Recommendation to direct the County Manager to cease all further review and otherwise not
process the application for a PUD Rezone filed by Robert Vocisano and Mario Vocisano with
respect to the Golden Gate Golf and Country Club, and to direct the County Attorney to take
any action necessary to enforce a restrictive covenant set forth in the. subject parcel's
Warranty Deed to keep the golf course open to the public for golf, tennis, swimming and
other recreational uses.
OBJECTIVE: To enforce a deed restriction that encumbers the Golden Gate Golf and Country
Club.
CONSIDERATIONS: By Warranty Deed dated September 30, 1974, Robert Vocisano and
Mario Vocisano, among others, acquired a number of parcels in the Golden Gate area, including
the Golden Gate Golf and Country Club. The Warranty Deed contains the following restrictive
covenant:
"AND FURTHER SUBJECT to the following restriction covenant which shall run with the land:
The existing recreational facilities, i.e., the golf course, the tennis courts, the golf clubhouse, and
the swimming pool, shall continue to be used as recreational facilities for the reasonable use by
resident of all of Golden Gate platted subdivisions, North Golden Gate and Golden Gate Estates,
and by the public generally, PROVIDED however that the Grantee and its heirs and assigns shall
have the right to adopt reasonable rules, regulations and fees for such use."
The Vocisanos have submitted an Application to the Collier County Growth Management
Department to rezone the Golf Course to allow development of a mix of housing types, including
single family, multi -family, and assisted living facilities, totaling 700 dwelling units. This
proposed development violates the restrictive covenant, which benefits the residents of Golden
Gate and the public in general.
FISCAL IMPACT: None at this time.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board direct the County Manager to cease all further
review and otherwise not process the application for a PUD Rezone filed by Robert Vocisano
and Mario Vocisano with respect to the Golden Gate Golf and Country Club, and to direct the
County Attorney to take any action necessary to enforce a restrictive covenant set forth in the
subject parcel's Warranty Deed to keep the golf course open to the public for golf, tennis,
swirnmm� and other recreahanal used ..
Prepared by: Commissioner Tom Henning
Exhibits: A) 1974 Deed Containing Restriction; B) Initial Transmittal Letter; C) RPUD
Application
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.A.
5/10/2016 10.A.
Item Summary: Recommendation to direct the County Manager to cease all further
review and otherwise not process the application for a PUD Rezone filed by Robert Vocisano
and Mario Vocisano with respect to the Golden Gate Golf and Country Club, and to direct the
County Attorney to take any action necessary to enforce a restrictive covenant set forth in the
subject parcel's Warranty Deed to keep the golf course open to the public for golf, tennis,
swimming and other recreational uses. (Commissioner Henning)
Meeting Date: 5/10/2016
Prepared By
Name: SmithCamden
Title: Executive Coordinator to Commissioner,
5/3/2016 2:28:33 PM
Submitted by
Title: Executive Coordinator to Commissioner,
Name: SmithCamden
5/3/2016 2:28:35 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/4/2016 3:19:20 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/4/2016 4:05:09 PM
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5/10/2016 10.A.
r OFFICIAL PSC ROOK THIS INSTRUMENT PREPARED BY:
COLLtCP �u s,; ..uRIDA Tnomas E. Maloney, Esq,
BOJ, oo •_'d-2rk/521 Landmark Building
OCT l 2 37 PM Naples,
Florida%33940
CLERr, Or'cjitjUjr COURT
-363170
WARRANTY DEEDttit {jm
.,f S WARRANTY DEED, made ans9 executed the day of
P�I 1974, by GOLDEN GATE INN, INC., and GAC
IE I formerly known. as GULF AMERICAN CORPORATION
and as GULF AMERICAN LAND CORPORATIONjj and GOLDEN GATE GOLF AND
COUNTRY CLUB, INC., all ca
the State of Florida, and allrhaving theiations r
under the placeslawof
of
business at Miami, Dade.County, Florida, hereinafter al alled the
GRANTORS, to DOMENIC D'AGOSTINO, FRANK D'AGOSTINO, MARIO
VOCISANO and ROBERT VOCISANO, a general partnership,, whose post
Office address is: Golden Gate Parkway, Naples, Collier.County,
Florida 33940, hereinafter called the GRANTEE (wherever used, the
terms "Grantor" and "Grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of
individuals, and the successors and assigns of corporations): -
WITNESSETH:
THAT the Grantors, jointly and severally, for and in
consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is acknowledged, by
these presents; do grant, bargain, sell, alien, remise, release]
convey and confirm to the Grantee all that certain land situate
in Collier County, Florida, more particularly described as
follows:
Block 1, GOLDEN GATE, Unit No. 1, as recorded
`�,j►1% r'Ir�(�in Plat Book 5, page 62, Public Records of
r Collier County, Florida; and
}y* Tracts A and B, GOLDEN GATE, Unit No. 1,
{� 1; as recorded in Plat Book 5, page 62, Public
Records of Ccllier County, Florida; and
Tract A, GOLDEN GATE, Unit 8, Part 1, as
recorded in Plat' Book 5, pages 147-151,
Public Records Of Collier County, Florida;
r �
V4";';C and
I
Tract A, GOLDEN GATE, Unit 8, Part 2,
i
as recorded in Plat Book 9, page 107 -A
through 112, Public Records of Collier
u
r44..
County,'Floridaj LESS that certain parcel
previously conveyed to Gulf Communicators,'
Inc., by warranty deed dated June 18, 1973,
tt. •'j,�at''
;
"�
and recorded at OR Book 538, pages '353-355,
Public Records of Collier County, Florida;
AND ALSO • LESS- that' certain parcel previously.
r
..,.,
conveyed to GAC Utilities, Inc.,,by,warranty
deeds dated January 8, 1973, and May 8, 1974,
and recorded atOR B ook 530,
.,
pages 916-419,
and at nR Book 589 page 760, respectively,
,;;
Public Records of Collier County, Florida.
s,
TOGETHER With, all the tenements,hereditaments
and appurtenances belonging or in anywise
,«s
appertaining to -that land'.',�
*
i
TO .HAVE. AND TO HOLD the slams :in fee simple :
=
.
forever,
s-
PM
s
'St EJnc TO 2 ,
2 : Currentad valorem jtaxe
s
Utility and drainag e 'easements of record;
;.'
w -
3: Res trictiensogxeoordx
i4. Zoning Tats
�`•�
S. Subject t ejKisting.tdr£gage in favor of
Sarasota Federal Saving`s&.,Loan'Assobiatian
Vz�.
�fi
Packet Page -25-•
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ate'
GtX� as recorded in OR Boak 156 *oft
PACE
QW� Public Records of Collier Coanty,369,
Florida wh' h f
zc mortgage the grantee,
by acceptance of this deed, assumes
�
ay'•
_
,
and agrees to pay.
��
�AND
„R..
r;,
FURTHER SUBJECT to the following
/.
restrictive covenant which Shall run
with the land:
N
1
The existing +ti
g recreational facilities, i.e.,
the oourse,
golf the tennis courts, the a
golf clubhouse,
and the swimming pool,
shall continue to be used as zecreational
y1�11111►°•i
µ
facilities for the reasonable e
u�rdi�
use by
residents of all of Golden,Gatelatted
' w -I M
subdivisions North Golden Gate and
Golden Gate Estates,
!PA
and by the public
generally, PROVIDED, however that the
Grantee and its heirs and assigns shall
have the right to adopt Imsonabl.e
rules,
regulations and fees for such use.
the Grantee
AND the Grantors,ointl and n
that they are lawfully
,.' fee simples
seizedvofathey,
above andwinh
that they have good right and lawful
sell and
and will
authority to
convey the land; they fully warrant the title
defend it to the land
soever;
against the lawful claim of all
and that the land is free of all Persons whom -
encumbrances.
IN WITNESS WHREOF, the Grantors have caused these presents
to be executed in their name, by their
afficors,
proper and fully authorized
the day and year first above written.
WITNESS
`r
GOLDEN GATE INN, INC.
•` 7
% .14{
BY
-
=,, �.•• �-..` S
ensey Sorel 1 -da, en '
4r,.
i Shapiro a
GAC PROPERTIES, INC. �i1•Si w
,
By 't�
%A1,r�t,
-+ /dt Pres ent .,
Robes t L. ntsraub,,'t
Attest:e
GOLDEN GATE GOLF AND��
.•pit ,# .x
�Q COUNTRY CLUB, INC.
By
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*gV4Sid
Pres ,.• ` 4 '
ey
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Attest:t
Miltan
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Maggio
5/10/2016 10.A.
Y•,
STATE OF FLORIDA )
a
' COUNTY OF JAY' )
I CERTIFY that on this day, before me, an off"cord + `
authorized by the State -and Cou ty afare�sid to take acknowiedg
menta, er�ol y appeared_ �rt�,�� t1oCL�r and ;s r
z del awn to me to =e the
Pre x ant an , respectively,_of
GOLDEN GATE INN, INC., the,corporat on -n ed as Grantor in the
foregoing deed, and that they- severally acknowledgedexecuting
�`. the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in' them by.the corporation.
WITNESS my hand and official ea the County and State
�} last aforesaid this 3a day of ErYbE�G 19�
4
My COmmission Expires: '
NDTARY`MT. STATF M
MY COMMt SION Ems. r";
BOMM'TMRU GENERAL
0
"�� •Notary P 'p .o r`�` �'.,
STATE OF FLORIDA
COUNTY OF JA� )
)
Yt; I CERTIFY that on this day, before me, an officer duly
authorized by the State and Ca y f r said o aka acknowledg-
�� ments, p rson lly, peared d and
` t i re id
to me to a the
ret, Pres ant an Gce , respectively, of
rY• GAC PROPERTIES, INC,, the.corporat on name as Grantor in the
�. foregoing deed, and that they severally acknowledged executing.
the same in the presence of two subscribing witnesses freely and fi
voluntarily under authority duly vested in them by the corporation.''
WITNESS my hand and official ea irk the County and State 0'
last aforesaid thiso �" day of
r 1974. My Commission Expires:
it)Npthl79
rf rtN 16. STATT 9I ROR(W 1A u,R0E { t 1 &
My COMG7436H)N GkPfRr.B A CE U}{DGRM RITER3
6GNDED THRU GENERAL INRA:1SU
!, Notary Pu 3C a
STATE OF FLORIDA `
u- bra!«� to bMbbl IHeeiN asst
COUNTY OF' 4,101A j fAARoeRCT t. teort
o+ N Mft "I" t
I CERTIFY that on this day, be"foreme, an officer duly,,f
authorized by the state and Co y a�eras id to take acknowledg
n�sl,
menta, soly appeared tae
wnown t0 meto to e t
Pres ant an xsf� Com` ` , regpecU I
GOLDEN GATE GQLF AND COUNTR CLU$, INC. t corporation s'' 1C'
Grantor in the foregoing, deeds 4nd tha they severall a!l k ► `
t exeoutin the,;=�ama •;in�tt►ew`„'” aibscri
y
corporation::_. �
WITNESS ' Vis€:
mmyyannd.sea��an£h "tin y azide�,,
aforesaid this n,",
e3e-- C
fcb97
{; 5 My Commission Expires. day'`f
j NDTAffl PUGUC. STALE of ftont0.4 at t+'.RGE
MY COMPA:35I(IN EXPIRES APRIL 19 1976
IOU= TMRL GENUA INSORAliCE
Notary,Public r
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5/10/2016 10.A.
Dims
HOLE MONTES
ENGINEERS •PLANNERS • SURVEYORS
950 Encore Way - Naples, Florida 34110 • Phone 239.254.2000 • Fax: 239.254.2099
December 16, 2015
VIA HAND -DELIVERY
Paula J. Brethauer, Intake Project Coordinator
Collier County Government
Operations & Regulatory Management
2800 North Horseshoe Drive
Naples, FL 34104
Re: Bona Golden Gate RPUD
PUD Rezone (PUD -Z) Application
HM File No.: 2015.041
Dear Ms. Brethauer:
The subject property contains approximately 163.2± acres and is currently developed as the
Golden Gate Golf Course and is zoned GC. The site is generally located in the southwest
quadrant of the intersection of Golden Gate Parkway and Collier Blvd (CR 951). The Par One
Condominiums are an enclave within the site, accessed via 27t1i Court SW. Two utility sites are
also enclaves—one approximately 2.2 acre site owned by Florida Governmental Utility
Authority, and the other approximately quarter -acre tower site owned by Cable Holdco II Inc.
Both are accessed via a maintenance road from Golden Gate Parkway.
The Golden Gate Future Land Use Map designates the property as Urban, Mixed -Use District,
Urban Residential Subdistrict, and the majority of the property falls within a residential density
band. The applicant proposes to rezone the property to a residential PUD to allow development
of a mix of housing types, including single-family, multi -family, and assisted living facilities, at
a density not to exceed 4.3 dwelling units per acre (700 dwelling units). Enhanced landscape
buffers are proposed adjacent to existing, abutting residential development (20' or 30' -wide
rather than 10').
As the existing golf course contains only small, scattered areas of native vegetation, a preserve
will be created in the southernmost corner of the site, adjacent to the Golden Gate Canal.
The project will be accessed via the existing maintenance road from Golden Gate Parkway that
currently serves the utility sites; via 27th Court SW; and via three access points on Collier Blvd.
The project will provide a 50' -wide right-of-way reservation for Collier Blvd.
The golf course currently accepts off-site flows from several areas, and the proposed, stormwater
management for the site will continue to receive these flows to avoid adverse drainage impacts to
surrounding properties.
Attached please find all required submittal information for the above referenced PUD rezone.
11:\2015\2015041\WP\PUD7\Initial Submittal\PB 151216 It, fr ini,ial enhmittal Anr
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Naples • rorl Dyers
5/10/2016 10.A.
Paula J. Brethauer, Intake Project Coordinator
Re: Bona Golden Gate RPUD
PUD Rezone (PUD -Z) Application
HM File No.: 2015.041
December 16, 2015
Page 2
We enclose the following documents:
■ Seventeen (17) copies of a cover letter with Narrative Statement (this is the cover letter);
■ One (1) fee check in the amount of $20,425;
■ Seventeen (17) copies of completed application;
■ Seventeen (17) copies of the Pre -Application Meeting Notes from 3/25/2015;
■ Three (3) copies of Affidavit of Authorization (signed/notarized);
■ Three (3) copies of the Covenant of Unified Control (signed/notarized);
■ Two (2) copies of completed Addressing Checklist;
■ Three (3) copies of Deed;
■ Three (3) copies of the List identifying Owner/Parties of Corporation — see Application;
■ Four (4) copies of Boundary Survey (signed and sealed);
■ Five (5) copies of Aerial photograph showing project boundary (24" x 36");
■ Four (4) copies of Utility Provisions Statement;
■ Five (5) copies of the Drainage Report;
■ Four (4) copies of Environmental Data;
■ Two (2) CDs with Environmental Data;
■ Four (4) copies of Soils Report;
■ Four (4) copies of FGUA Water and Wastewater Availability Letter; ^
■ Seven (7) copies of Traffic Impact Statement (TIS);
■ Three (3) CDs with Traffic Impact Statement (TIS);
■ Two (2) copies of School Impact Analysis Application;
■ Seventeen (17) copies of PUD document & Conceptual Master Plan (24" x 36");
■ Seventeen (17) Conceptual Master Plan (8.5" x 11");
■ Seventeen (17) copies of Justification for Proposed Deviations;
■ Seventeen (17) copies of Evaluation Criteria;
■ Seventeen (17) copies of Rezoning Criteria; and
■ Three (3) CDs of all documents in Word format and plans.
If you have any questions, please don't hesitate to contact me.
Very truly yours,
HOLE MONTES, INC.
Robert J. Mulhere, FAICP
Director of Planning
RJM/sek
Enclosures as noted.
cc: Robert Vocisano w/enclosures
H:\2015\2015041\WP\PUDZ\Initial Submittal\PB 151216 Itr tr initial submittal.docx
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c2t county
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Application for a Public Hearing for.PUD Rezone, Amendment to.PUD or
• PUD Rezone.:".
PETITION NO
PROJECT NAME To be completed by staff
DATE PROCESSED
❑✓ PUD Rezone (PUDZ): LDC subsection 10.02.13 A. -F., Ch. 3 G. 1 of the Administrative Code
❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative
Code
❑ PUD to PUD Rezone (PDDR): LDC subsection 10.02.13 A. -F.
APPLICANT CONTACT INFORMATION
Name of Applicant(s): Robert Vocisano & Mario Vocisano
Address: 4100 Golden Gate Pkwy City: Naples state: FL
Telephone: 613-745-9122
Cell: N/A
E -Mail Address: bonabuilding@belinet.ca
Name of Agent: Robert J. Mulhere, FAICP
Firm: Hole Montes, Inc.
Address: 950 Encore Way
Telephone: 239-254-2000
Cell. N/A
Fax:
ZIP: 34116
City: Naples State: FL ZIP: 34110
E -Mail Address: bobmulhere@hmeng.com
Fax: 239-254-2099
Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that
you are in compliance with these regulations.
4/15/2015
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Page 1 of 16
5/10/201610.A.
4�,
Copier County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
DISCLOSURE OF INTEREST INFORMATION
Please complete the following information, if space is inadequate use additional sheets and attach
to the completed application packet.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the percentage
of such interest:
1.3
C
Name and Address
% of Ownership
Robert Vocisano
50%
Mario Vocisano
50%
4100 Golden Gate Pkwy
Naples, FL 34116
If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage or stocK ownea oy eacn:
Name and Address % of Ownership
If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage OT Interest:
Name and Address % of Ownership
If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
4/15/2015
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Page 2 of 16
Co Ier county
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee. or a Partnership. list the names of the contract Durchasers below, includine the
UI I ILLI J, JIULKI IUIUUI J, UCI ICI ILI CII ICJ, U. YC1I LI MI J.
Name and Address I % of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or
C
F?
h
III ILUI J, II tl LUI L/UI dLIU[1, PCI IaICI N II P1 UI aU.)l.
Name and Address
Date subject property acquired 12/31/1986
❑ Leased: Term of lease years /months
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates: or
Anticipated closing date:
Should any changes of ownership or changes in contracts for purchase occur subsequent to
the date of application, but prior to the date of the final public hearing, it is the responsibility
of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
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5/10/2016 10.A.
Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
REZONE REQUEST
This application is requesting a rezone from: GC Zoning district(s) to
the RPUD zoning district(s).
Present Use of the Property: Golf Course
Proposed Use (or range of uses) of the property: Single and multi -family residential/ALF
Original PUD Name: N/A
Ordinance No.: N/A
PROPERTY INFORMATION
On a separate sheet attached to the application, provide a detailed legal description of the
property covered by the application:
• If the request involves changes to more than one zoning district, the applicant shall include a
separate legal description for property involved in each district;
• The applicant shall submit 4 copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale), if required to do so at the pre -application meeting; and
• The applicant is responsible for supplying the correct legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be
required.
Section/Township/Range: 2�49S /26E
Lot: Block: subdivision: Golden Gate Unit 8 & Unit 1
Metes & Bounds Description:
Plat Book: Page #:
See Legal Description
Property I.D. Number: 36560040008
Size of Property: ft. x
Address/ General Location of Subject Property:
Gate Parkway and Collier Blvd.
Total Sq. Ft. Acres: 163.2+/ -
SW Quadrant of the intersection of Golden
PUD District (refer to LDC subsection 2.03.06 C):
❑ Commercial 0 Residential ❑ Community Facilities ❑ Industrial
❑ Mixed Use ❑ Other:
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Page 4of16
Co ie -r County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
ADJACENT ZONING AND LAND USE
Enclave parcel internal to the site: RMF -16, Par One Condomiums
If the owner of the subject property owns contiguous property please provide a detailed legal
description of the entire contiguous property on a separate sheet attached to the application.
Section/Township/Range:
Lot: Block: Subdivision:
Plat Book: Page #: Property I.D. Number:
Metes & Bounds Description:
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner's website at http://www.colliergov.net/index.aspx?page=774.
Name of Homeowner Association: Golden Gate Civic Association
Mailing Address: 4701 Golden Gate Parkway City: Naples State: FL ZIP: 34116
Name of Homeowner Association: Par One Homeowners Association
Mailing Address: 4140 27th Court SW City: Naples
Name of Homeowner Association:
Mailing Address: City:
Name of Homeowner Association:
Mailing Address:
Name of Homeowner Association:
City:
State: FL Zip: 34116
State: ZIP:
State: ZIP:
Mailing Address: City: State:
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ZIP:
Page 5 of 16
Zoning
Land Use
N
Golden Gate Parkway, RSF-3, RT, C-3
4 -lane collector, SFR, Hotel, vacant/undeveloped
S
RSF-3, Golden Gate Canal
Single-family
E
Collier Blvd.
4 -lane arterial
W
RSF-3
Single-family
Enclave parcel internal to the site: RMF -16, Par One Condomiums
If the owner of the subject property owns contiguous property please provide a detailed legal
description of the entire contiguous property on a separate sheet attached to the application.
Section/Township/Range:
Lot: Block: Subdivision:
Plat Book: Page #: Property I.D. Number:
Metes & Bounds Description:
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner's website at http://www.colliergov.net/index.aspx?page=774.
Name of Homeowner Association: Golden Gate Civic Association
Mailing Address: 4701 Golden Gate Parkway City: Naples State: FL ZIP: 34116
Name of Homeowner Association: Par One Homeowners Association
Mailing Address: 4140 27th Court SW City: Naples
Name of Homeowner Association:
Mailing Address: City:
Name of Homeowner Association:
Mailing Address:
Name of Homeowner Association:
City:
State: FL Zip: 34116
State: ZIP:
State: ZIP:
Mailing Address: City: State:
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ZIP:
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5/10/2016 10.A.
CoIfer County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
EVALUATION CRITERIA
Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code,
staff's analysis and recommendation to the Planning Commission, and the Planning Commission's
recommendation to the Board of County Commissioners shall be based upon consideration of the
applicable criteria. On a separate sheet attached to the application, provide a narrative statement
describing the rezone request with specific reference to the criteria below. Include any backup
materials and documentation in support of the request.
See attached Evaluation Criteria
a. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract,
or other instruments, or for amendments in those proposed, particularly as they may relate
to arrangements or provisions to be made for the continuing operation and maintenance of
such areas and facilities that are not to be provided or maintained at public expense. Findings
and recommendations of this type shall be made only after consultation with the county
attorney.
C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth
Management Plan. (This is to include identifying what Sub -district, policy or other provision
allows the requested uses/density, and fully explaining/addressing all criteria or conditions of
that Sub -district, policy or other provision.)
d. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and screening
requirements.
e. The adequacy of usable open space areas in existence and as proposed to serve the
development.
f. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
g. The ability of the subject property and of surrounding areas to accommodate expansion.
h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications of justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many
communities have adopted such restrictions. You may wish to contact the civic or property owners
association in the area for which this use is being requested in order to ascertain whether or not the
request is affected by existing deed restrictions.
4/15/2015
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Page 6 of 16
�. Co - e*r County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collierizov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Previous land use petitions on the subject property: To your knowledge, has a public hearing been
held on this property within the last year? If so, what was the nature of that hearing?
No.
Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes Q No if so please provide copies.
PUBLIC NOTICE, REQUIREMENTS
This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E.
of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a
written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B.
of the Administrative code Tor the Nilvl procedural requirements.
Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing
advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the
Board's final action on this item, please remove all public hearing advertising sign(s) immediately.
RECORDING OF DEVELOPER COMMITMENTS
Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall
record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments
or Notice of Developer Commitments that contains the legal description of the property that is the subject of
the land use petition and contains each and every commitment of the owner or developer specified in the
Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the
recording requirements of Chapter 695, F5. A recorded copy of the Memorandum or Notice shall be provided
to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said
Memorandum or Notice.
LDC subsection 10.02.08 D
This application will be considered "open" when the determination of "sufficiency" has been
made and the application is assigned a petition processing number. The application will be
considered "closed" when the petitioner withdraws the application through written notice or
ceases to supply necessary information to continue processing or otherwise actively pursue the
rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will
not receive further processing and an application "closed" through inactivity shall be deemed
withdrawn. An application deemed "closed" may be re -opened by submission of a new
application, repayment of all application fees and the grant of a determination of "sufficiency".
Further review of the request will be subject to the then current code.
4/15/2015
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Page 7 of 16
5/10/2016 10.A.
Cor `t�.�
er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
APPLICANT CONTACT: INFORMATION
Name of Applicant(s): Robert Vocisano & Mario Vocisano
Address: 4100 Golden Gate Parkway city. Naples State: FL
Telephone: 613-745-9122
Cell: N/A
E -Mail Address: bonabuilding@bellnet.ca
Address of Subject Property (If available):
10725 Collier Blvd.
City: Naples State: FL ZIP: 34116
PROPERTY INFORMATION
Section/Township/Range: 27/49S /26E
Lot: Block: Subdivision:
Metes & Bounds Description:
Plat Book:
See Legal Description
Fax:
Page #: Property I.D. Number: 36560040008
ZIP: 34116
Total Population to be Served: 400 Single -Family, 300 Multi -Family, 200 ALF
Peak and Average Daily Demands:
A. Water -Peak: 688 GPM Average Daily: 198 GPM
B. Sewer -Peak: 518 GPM Average Daily: 145 GPM
If proposing to be connected to Collier County Regional Water System, please provide the date
service is expected to be required: N/A
4/15/2015 Page 8 of 16
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TYPE 'OF SEWAGE'DISPOSAL TO BE PROVIDED
Check applicable system:
a.
County Utility System
❑
b.
City Utility System
❑
C.
Franchised Utility System
F] Provide Name: FGUA
d.
Package Treatment Plant
❑ (GPD Capacity): Not confirmed yet
e.
Septic System
❑
TYPE OF WATERSERVICE TO BE PROVIDED
Check applicable system:
a.
County Utility System
❑
b.
City Utility System
❑
C,
Franchised Utility System
n Provide Name: FGUA
d.
Private System (Well)
❑
Total Population to be Served: 400 Single -Family, 300 Multi -Family, 200 ALF
Peak and Average Daily Demands:
A. Water -Peak: 688 GPM Average Daily: 198 GPM
B. Sewer -Peak: 518 GPM Average Daily: 145 GPM
If proposing to be connected to Collier County Regional Water System, please provide the date
service is expected to be required: N/A
4/15/2015 Page 8 of 16
Packet Page -37-
CO e6y County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Narrative statement: Provide a brief and concise narrative statement and schematic drawing of
sewage treatment process to be used as well as a specific statement regarding the method of
affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil
involved shall be provided from tests prepared and certified by a professional engineer.
Sanitary service would be provided by FGUA. The project will have manholes, gravity lines and pump station to the FGUA
collection and treatment system.
Collier County Utility Dedication Statement: If the project is located within the service boundaries
of Collier County's utility service system, a notarized statement shall be provided agreeing to
dedicate the water distribution and sewage collection facilities within the project area to the Collier
County Utilities. This shall occur upon completion of the construction of these facilities in
accordance with all applicable County ordinances in effect at that time. This statement shall also
include an agreement that the applicable system development charges and connection fees will be
paid to the County Utilities Division prior to the issuance of building permits by the County. If
applicable, the statement shall contain an agreement to dedicate the appropriate utility easements
for serving the water and sewer systems.
Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for
at the pre -application meeting, if the project is to receive sewer or potable water services from any
provider other than the County, a statement from that provider indicating adequate capacity to
serve the project shall be provided. see attached water and wastewater Availability Letter.
4/15/2015
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Page 9 of 16
�o lei County
A
COLLIER COUNTY GOVERNMENT
-GROWTH ]MANAGEMENT DEPARTMENT
www.colliergov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
COVENANT OF UNIFIED CONTROL
The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property
commonly known as C=-G2Li? 6 (-t G- ATE_ [ td (q 4- do v r iTtx y CL 04-
i0p_ �c)L-pa_n► &/4 -T& ?k_wv, b, +P Egg., 1=cH, 31/ 114,
(Street address and City, State and Zip Code)
and legally described in Exhibit attached hereto.
The property described herein is the subject of an application for RESIDENTIAL planned unit development
( R PUD) zoning. We hereby designate Robert J. Where, FAICP legal representative thereof, as the legal
representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in
the course of seeking the necessary approvals to develop. This authority Includes, but is not limited to, the hiring and
authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain
zoning approval on the site. These representatives will remain the only entity to authorize development activity on the
property until such time as a new or amended covenant of unified control Is delivered to Collier County.
The undersigned recognize the following and will be guided accordingly In the pursuit of development of the
project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and
stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or
in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier
County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or
safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as thi Pcovenant Is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, d conditions of the planned unit development, seek equitable relief as necessary to compel
lcc pliance. he County will not issue permits, certificates, or licenses to occupy or use any part of the planned
de to ment and the County may stop ongoing construction activity until the project is brought into
plia ce ith all terms, conditions and safeguards of the planned unit development.
t { ✓' t
Owner Owner
Printed Name ROBERT VOCISANO Printed Name t" j ,4 P1 1 p . O CI Sf i
STATE OF lac L
COUNTY OFLt
Sworn to (or affirmed) and subscribed before me this day ofdy 201/•Vby J C
Was identi ication.
r-
0T•U Notary public State of Florida Notary Public
Sharon K Romer (Name typed, printed or stamped)
My Commission FF 909128
4/1:5/2015 Page Expires 09122/2019 Page 10 of 16
Packet Page -39-
cocounty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Pre -Application Meeting and Final Submittal Requirement Checklist for:
0 PUD Rezone- Ch. 3 G..1 of the Administrative Code
❑ Amendment to PUD- Ch.:3 G. 2 of the Administrative Code
❑ PUD to PUD.Rezone- Ch. 3 G.1 of the Administrative Code
The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time
of application submittal. At final submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS
COPIES
REQUIRED
REQUIRED
Cover Letter with Narrative Statement including a detailed description of
why amendment is necessary
17 ❑
❑
❑
Completed Application with required attachments
17 ❑
0
❑
Pre -application meeting notes
17 ❑
❑
Affidavit of Authorization, signed and notarized
2
❑
Notarized and completed Covenant of Unified Control
2
❑
Completed Addressing Checklist
2
❑
❑
Warranty Deed(s)
3
x❑
❑
List Identifying Owner and all parties of corporation
2
Q 1
❑
Signed and sealed Boundary Survey
4
x❑
❑
Architectural Rendering of proposed structures
4
❑
0
Current Aerial Photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend included
on aerial.
5
Q
❑
Statement of Utility Provisions
4
0
❑
Environmental Data Requirements pursuant to LDC section 3.08.00
4
0
❑
Environmental Data Requirements collated into a single Environmental
Impact Statement (EIS) packet at time of public hearings. Coordinate with
project planner at time of public hearings.
2 ❑x❑
❑
Listed or Protected Species survey, less than 12 months old. Include
copies of previous surveys.
4
❑
❑
Traffic Impact Study
7x❑
❑
Historical Survey
4
❑
School Impact Analysis Application, if applicable
2
0
I ❑
Electronic copy of all required documents
2
Fil
❑
Completed Exhibits A -F (see below for additional information)+
17 ❑
0
❑
List of requested deviations from the LDC with justification for each (this
document is separate from Exhibit E)
17 ❑
❑
❑
MVVt�id Conceptual Master Site Plan 24" x 36"and One 8 %:" x 11" copy
17 ❑
❑
❑
Original PUD document/ordinance, and Master Plan 24" x 36" — Only if
Amending the PUD
❑
❑
❑
Checklist continued onto next page...
4/15/2015
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Page 11 of 1b
5/10/2016 10.A.
CAr County ---
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
+The following exhibits are to be completed on a separate document and attached to the application packet:
3 Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code
3 Exhibit D: Legal Description
® Exhibit E: List of Requested LDC Deviations and justification for each
9 Exhibit F: List of Development Commitments
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at
239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan."
PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
❑
School District (Residential Components): Amy
Lockheart
Revised PUD document with changes crossed thru & underlined
❑I
❑
I Q
Copy of Official Interpretation and/or Zoning Verification
11
❑
I El
*If located in Immokalee or seeking affordable housing, include an additional set of each submittal
requirement
+The following exhibits are to be completed on a separate document and attached to the application packet:
3 Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code
3 Exhibit D: Legal Description
® Exhibit E: List of Requested LDC Deviations and justification for each
9 Exhibit F: List of Development Commitments
If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas
Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at
239-690-3500 for information regarding "Wildfire Mitigation & Prevention Plan."
PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
❑
School District (Residential Components): Amy
Lockheart
❑
Conservancy of SWFL: Nichole Ryan
0
Utilities Engineering: Kris VanLengen
0
Parks and Recreation: Vicky Ahmad
Q
Emergency Management: Dan Summers
❑
Immokalee Water/Sewer District:
❑
City of Naples: Robin Singer, Planning Director
❑
Other:
FEE REQUIREMENTS
N Pre -Application Meeting: $500.00
® PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre
❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre
❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre
X Comprehensive Planning Consistency Review: $2,250.00
19 Environmental Data Requirements -EIS Packet (submittal determined at pre -application
meeting): $2,500.00
❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00
® Transportation Review Fees:
at Methodology Review: $500.00, to be paid directly to Transportation at the
Methodology Meeting*
*Additional fees to be determined at Methodology Meeting.
o Minor Study Review: $750.00
o Major Study Review $1,500.00
9 Legal Advertising Fees:
x CCPC: $925.00
X BCC: $500.00
3 School Concurrency Fee, if applicable:
X Fire Review Fee $150.00
4/15/2015
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Page 12 of 16
Co` ev County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
5/10/2016 10.A.
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
o Mitigation Fees, if application, to be determined by the School District in
coordination with the County
*Additional fee for the 5`n and subsequent re -submittal will be accessed at 20% of the original fee.
All checks may be made payable to: Board of County Commissioners
4/15/2015
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Page 13 of 16
5/10/2016 10.A.
AFFIDAVIT OPAUTHORIZATION
FOR PETITION NUMBERS(S) PL -2015.0000591
I, ROBERT VOCISANO (print name), as . tCr7 — O WW I_. - (title, if
applicable) of (company, If a Ilcable), swear or affirm .
under oath, that I am the (choose one) owner= applicant=contract purchaserand that:
1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code;
2. All answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true;
3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours
for the purpose of investigating and evalyating the request made through this application; and that
4. 'The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action:
5. Well authorize ROBERT J. MULHERE, FAICPAND PAULA MCMICHAEL, AICPMOLE MONTES to act as our/my representative
in any matters regarding this petition including 1 through 2 above.
Notes:
• If the applicant is a corporation, then it is usually executed by the corp. Pres, or v. pres.
• If the applicant is a Limited Liability Company (L. L. C.) or Limited Company (L. C.), then the documents should
typically be signed by the Company's "Managing Member."
• if the applicant is a partnership, then typically a partner can sign on behalf of the partnership.
• if the applicant is a limited partnership, then the general partner must sign and be identified as the "general
partner" of the named partnership.
• If the applicant is a trust, then they must include the trustee's name and the words "as trustee".
• in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then
use the appropr/We format for that ownership.
Lind r ena tie of perjury, i declare that I have read the foregoing Affidavit of Authorization and that
the a fs St
a in it are true.
Va 'A I NOV, -21k
Signature '' Date
R ERT VOCISANO
STATE OF FISMIDA El -
COUNTY OF GOWE ?1c,9149—
The f re oing instrum nt was sworn to (or affirmed) and subscribed before
p .4me on d (date) by,
j 4 1� t! 1.5C� /0 f> {name of person providln oath or affirmation), as
who is personally known to me or who has produced
(type of identification) as identification.
STAMPISEAL Sign ture of Notary P b is
coO Foes Notary Public State of Florida
? Sharon K Romer
y c r My Commission FF 909128
Expires 09/22/2019
CP\08-COA-00115\155
RBB 3/24114
Packet Page -43-