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Agenda 01/26/2010 Item # 8BAgenda Item No. 813 January 26, 2010 Page 1 of 188 EXECUTIVE SUMMARY R7,2008 -AR- 13951: Olde Florida Golf Club, Inc., represented by John Passidomo of Cheffy Passidomo, and Margaret C. Perry, AICP, of WilsonMiller Inc., is requesting a standard rezone from the Golf Course (GC) zoning district and the Rural Fringe Mixed Use District - Neutral Lands Zoning Overlay District to the Agriculture (A) zoning district and the Rural Fringe Mixed Use District - Neutral Lands Zoning Overlay District. The subject property, consisting of 553.67± acres, is located on the Vanderbilt Beach Road Extension, approximately 2 miles east of the Vanderbilt Beach Road (CR 862) and Collier Boulevard (CR 951) intersection, in Section 31, Township 48 South, Range 27 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application for a rezone as noted above and ensure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting to rezone a 553.67± acre tract from the Golf Course (GC) zoning district and the Rural Fringe Mixed Use District - Neutral Lands Zoning Overlay District to the Agriculture (A) zoning district and the Rural Fringe Mixed Use District- Neutral Lands Zoning Overlay District for a project known as the Olde Florida Golf Club. As described in the narrative statement included in the application, the petitioner proposes to rezone the subject site to Agriculture to allow "for a broader range of uses" and to provide a "greater flexibility for the land owner by allowing agriculture, golf course, single - family dwelling units and other uses by right, in accordance with the FLUE [Future Land Use Element of the Growth Management Plan] and the Land Development Code." Given the GMP FLUE designation, up to 110 dwelling units could be developed on site. The petitioner's agent states in the Traffic Impact Statement (TIS) that, "The proposed rezone intends to preserve the existing 18 -hole golf course and permit the addition of up to 110 single family homes." The subject property was rezoned from the Rural Agricultural Zoning District to the Golf Course (GC) Zoning District with the approval of Ordinance Number 91 -16 on February 12, 1991 (Petition Number R- 90 -23). As part of that rezoning action, an agreement was entered into by the petitioner wherein certain improvements would be required as part of site development approval. Most of the improvements or conditions are reiterations of site development plan requirements. Subsequent to that rezoning approval, the site was developed with an eighteen - hole golf course and its supporting facilities. It should be noted that the proposed rezone back to the Rural Agricultural Zoning District utilized the "conventional or standard" rezoning procedure that does not require a master plan to be submitted as would be required if the property was rezoned to a PUD. However, the petitioner did submit a document entitled "Map of Future Development Envelope" to show the Olde Florida Golf Club Page 1 of 7 RZ- 2008 -AR -13951 Agenda Item No. 8B January 26, 2010 Page 2 of 188 proposed areas of development. That exhibit was provided in response to concerns raised at the April 2, 2009, Collier County Planning Commission (CCPC) hearing. The document was presented to the CCPC at a hearing on December 3, 2009. The boundary survey provided with the petition indicates there is a large conservation easement over lands in the northeastern portion of the site. Site development issues will be addressed as part of any future development approvals that may be sought should the rezone be approved. Similarly, deviations from the Land Development Code (LDC) cannot be sought as part of this rezone petition; any subsequent development would need to be in compliance with all federal, state and local development regulations unless variances are sought and approved through the appropriate procedure in effect at the time. FISCAL IMPACT: The rezone by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the rezone is approved, a portion of the land could be developed. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The Old Florida Golf Club property lies within the Agricultural /Rural Designation, Rural Fringe Mixed Use District (RFMUD), Neutral Lands, as depicted on Collier County's Future Land Use Map (FLUM). Golf courses and single - family residential units are allowed by right in the Neutral Lands designated areas. Please refer to the Collier County Planning Commission (CCPC) staff report for the complete GMP analysis. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this 110 -unit project within the 5 -year planning period. Please refer to the CCPC staff report for the complete Transportation Element analysis. Environmental Element: All Environmental Impact Study (EIS), wetland and preservation issues will be addressed as part of any subsequent development order review. Olde Florida Golf Club Page 2 of 7 RZ- 2008 -AR -13951 Agenda Item No. 86 January 26, 2010 Page 3 of 188 AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable - Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental staff reviewed this petition for both the April 2, 2009 and the December 3, 2009 CCPC hearings. Environmental staff had concerns about the "Map of Future Development Envelope" document that was provided by the petitioner for the December hearing. Section 10.02.02.A.7.h of the Collier County LDC lists exceptions to the Environmental Impact Statement (EIS) for conventional rezones without a site plan. A conventional rezone with no site plan or proposed development plan. This exemption does not apply to lands that include any of the following zoning, overlays or critical habitats: Conservation (CON), Special Treatment (ST), Area of Critical State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land occupied by listed species or defined by an appropriate State or Federal agency to be critical foraging habitat for listed species. An EIS review and approval by the Environmental Advisory Council (EAC), including preserve designation, needs to be completed prior to the issuance of any additional development approval since it was not required at time of rezoning. An EIS will need to be provided with any subsequent development order petitions that may be sought if the rezoning is approved. Preservation areas will be addressed as part of development order review. Wetland line(s) will have to be verified and approved by the South Florida Water Management District (SFWMD) prior to completion of next development order. The location of required preservation may significantly alter the site plan provided by the applicant. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since no EIS was completed as part of the rezone action, this petition did not require review by the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on April 2, 2009, and by a unanimous vote (8 to 0) recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. 2. No density has been awarded by virtue of approval of this rezone. 3. Any uses or changes shall be brought back to the Collier County Planning Commission in the form of a Planned Unit Development process for review and approval of all categories as if it were a Planned Unit Development. Olde Florida Golf Club Page 3 of 7 RZ- 2008 -AR -13951 Agenda Item No. 813 January 26, 2010 Page 4 of 188 4. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future. However, the petitioner was not in agreement with Conditions #2 and #3 and requested that this petition be re -heard by the CCPC. As previously noted the petitioner submitted the "Map of Future Development Envelope" document to assist the CCPC in the review of the petition and to allay concerns. The petition was reheard by the CCPC on December 3, 2009. At that hearing the CCPC agreed to remove the original stipulations #2 and #3, but added other stipulations in the review and subsequent approval recommendation. On December 3, 2009, the CCPC heard this petition again and set aside the prior recommendation. On December 3, the CCPC, by a unanimous vote (9 to 0) recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. 2. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future. 3. The permitted uses in RFMU District- Neutral Lands are permitted on the property as of right except for farm labor housing. 4. The accessory uses in the RFMU District - Neutral Lands are permitted on the property as accessory to uses permitted as of right or to approved conditional uses. 5. The following uses in the RFMU District - Neutral Lands are permissible as conditional uses subject to the standards and procedures established in Section 10.08.00 of the LDC: a. Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. b. Multi - family residential structures subject to the following development standards: (i) Building height limitation: 2 stories (ii) Buffer: 10 -foot wide landscape buffer with trees spaced no more than 30 feet on center (iii) Setbacks: 50% of the height of the building, but not less than 15 feet C. Those essential services identified in sections 2.01.03(G)(1) and (G)(3) of the LDC. Olde Florida Golf Club Page 4 of 7 RL- 2008 -AR -13951 Agenda Item No. 8B January 26, 2010 Page 5 of 188 The CCPC approval recommendation was unanimous; however one person spoke at the December 3, 2009 CCPC hearing voicing opposition to the request, therefore this petition cannot be placed on the Summary Agenda. LEGAL CONSIDERATIONS: The petitioner is requesting a rezone from the Golf Course Zoning District and the Rural Fringe Mixed Use District - Neutral Lands Zoning District to the Agriculture Zoning District and the Rural Fringe Mixed Use District - Neutral Lands Zoning District. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Straight Rezones 1. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence living conditions in the neighborhood? 7. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? Olde Florida Golf Club Page 5 of 7 RZ- 2008 -AR -13951 Agenda Item No. 8B January 26, 2010 Page 6 of 188 11. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. -HFAC RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request for RZ -2008- AR -13951 subject to staff s and the CCPC conditions of approval as follows: 1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. 2. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future. 3. The permitted uses in RFMU District- Neutral Lands are permitted on the property as of right except for farm labor housing. 4. The accessory uses in the RFMU District - Neutral Lands are permitted on the property as accessory to uses permitted as of right or to approved conditional uses. Olde Florida Golf Club Page 6 of 7 RZ- 2008 -AR -13951 Agenda Item No. 86 January 26, 2010 Page 7 of 188 5. The following uses in the RFMU District- Neutral Lands are permissible as conditional uses subject to the standards and procedures established in Section 10.08.00 of the LDC: a. Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. K Multi - family residential structures subject to the following development standards: (i) Building height limitation: 2 stories (ii) Buffer: 10 -foot wide landscape buffer with trees spaced no more than 30 feet on center (iii) Setbacks: 50% of the height of the building, but not less than 15 feet c. Those essential services identified in sections 2.O1.03(G)(1) and (G)(3) of the LDC. PREPARED BY: Kay Deselem, Principal Planner, AICP Department of Zoning and Land Development Review Olde Florida Golf Club Page 7 of 7 RZ- 2008 -AR -13951 Agenda Item No. 8B January 26, 2010 Page 8 of 188 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8B Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: RZ- 2008 -AR- 13951: Olde Florida Golf Club, Inc., represented by John Passidomo of Cheffy Passidomo, and Margaret C. Perry, AICP, of WilsonMiller Inc., is requesting a standard rezone from the Golf Course (GC) zoning district and the Rural Fringe Mixed Use District - Neutral Lands Zoning Overlay District to the Agriculture (A) zoning district and the Rural Fringe Mixed Use District- Neutral Lands Zoning Overlay District. The subject property, consisting of 553.67 acres, is located on the Vanderbilt Beach Road Extension, approximately 2 miles east of the Vanderbilt Beach Road (CR 862) and Collier Boulevard (CR 951) intersection, in Section 31, Township 48 South, Range 27 East, Collier County, Florida. (CTS) Meeting Date: 1/26/2010 9:00:00 AM Prepared By Kay Deselem, AICP Planner, Principal Date Community Development & Environmental Services Zoning & Land Development Review 12/2212009 6:27:39 PM Approved By Ray Bellows Manager - Planning Date Community Development & Environmental Services Zoning & Land Development Review 1212312009 1:17 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 12/28/2009 1:00 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & . Environmental Services Environmental Services 12/291200912:62 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 12/3012009 4:34 PM Approved By William D. Lorenz, Jr., P.E. Director - CDES Engineering Services Date Community Development & Environmental Services Engineering & Environmental Services 11111201010:69 AM Approved By Heidi F. Ashton Section Chief/Land Use - Transportation Date County Attorney County Attorney 1/12/2010 11:23 AM Agenda Item No. 8B January 26, 2010 Page 9 of 188 Approved By Jeff Klatzkow County Attorney Date 1113/2010 1:26 PM Approved By OMB Coordinator Date County Manager's Office Office of Management S Budget 1/14/2010 8:56 AM Approved By Mark Isackson ManagementlBudget Analyst, Senior Date Office of Management 8 Office of Management 8 Budget 111612010 9:03 AM Budget Agenda Item No. 8B January 26, 2010 AGENDAIWf188 co'*' County SUPPLEMENTAL STAFF REPORT TO: COLLIER COUN'T'Y PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 3, 2009 SUBJECT: RZ- 2008 -AR- 13951, OLDE FLORIDA GOLF CLUB, INC. PROPERTY OWNER/AGENTS: Owner: Olde Florida Golf Club, Inc. 9405 Vanderbilt Beach Rd Ext. Naples, FL 34120 Agents: Margaret C. Perry AICP Senior Project Planner Wilson Miller 3200 Bailey Lane, Suite 200 Naples, FL 34105 REOUESTED ACTION: John Passidomo, Esquire Cheffy Passidomo 821 5th Ave. South Naples, FL 34102 The petitioner wishes to rezone 553.671 acres from the Golf Course (GC) zoning district to the Agriculture (A) Zoning District for a project known as the Olde Florida Golf Club. PROJECT STATUS: The CCPC heard this petition on April 2, 2009, and by a unanimous vote (8 to 0) recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following stipulations: Supplemental Staff Report for 12/3/09 CCPC Page 1 of 6 Olde Florida Golf Club, RZ- 2008 -AR -13951 Revised 10/30/09 Agenda Item No. 8B January 26, 2010 Page 11 of 188 The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. No density has been awarded by virtue of approval of this rezone. 3. Any uses or changes shall be brought back to the Collier County Planning Commission in the form of a Planned Unit Development process for review and approval of all categories as if it were a Planned Unit Development. 4. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future. The petition was scheduled for a June 9, 2009 Board of County Commissioner's (BCC) hearing, but the petitioner submitted a continuance request on April 30, 2009, asking that the petition be continued to September 9, 2009. The petitioner stated that the continuance was being requested to allow the petitioner to coordinate "with staff to work through/understand the CCPC recommendation." (See Attachment #1). The petitioner has indicated that he wishes to have the CCPC re -visit stipulations 2 and 3 that were included in the CCPC recommendation because he believes the stipulation wording is confusing. In any case, the petitioner has submitted a Conceptual Rezone Master Plan dated October 2009 (See Attachment #2), to address the CCPC concerns. The CCPC discussion at the April 2, 2009 hearing and the subsequent stipulation #3 indicated that that the CCPC did not appear to have any comfort level without some details about the proposed development (See Attachment # 3, Excerpt from the April 2, 2009 CCPC minutes). In response to Stipulation #3, the petitioner depicts a "future development envelope" on the Conceptual Rezone Site Plan within which any additional permitted uses, such as dwelling units could be constructed. This document includes the applicable property development regulations of the Rural Fringe Zoning District from the Land Development Code (LDC) to which development on this site would adhere. ATTACHED INFORMATION: The Staff Report prepared for the April 2, 2009 Planning Commission meeting is attached (See Attachment #4) along with a draft Ordinance that includes the CCPC original recommended stipulations (see Attachment #5). Another draft ordinance (see Attachment #6) has been provided that removes the original stipulations 2 and 3 and renumbers the remaining stipulations. In addition, the supplemental information provided by the petitioner is attached to include: 1) A Conceptual Rezone Master Plan dated, October 2009 (See Attachment 42) 2) A letter dated August 20, 2009 (see Attachment #7) Supplemental Staff Report for December 3, 2009 CCPC Page 2 of 6 Olde Florida Golf Club, RZ- 2008 -AR -13951 Revised November 3, 2009 Agenda Item No. 8B January 26, 2010 Page 12 of 188 ANALYSIS: Environmental Review: Environmental staff has reviewed this petition and has concerns about the document that has been provided by the petitioner. Section 10.02,02 A 7 h of the Collier County LDC lists exceptions to the Environmental Impact Statement (EIS) for conventional rezones without a site plan. A conventional rezone with no site plan or proposed development plan. This exemption does not apply to lands that include any of the following zoning, overlays or critical habitats: Conservation (CON), Special Treatment (SZ), Area of Critical State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land occupied by listed species or defined by an appropriate State or Federal agency to be critical foraging habitatfor listed species. This rezone petition no longer meets this exemption. An EIS review and approval by the Environmental Advisory Council (EAC), including preserve designation, should be required at this time since the location of required preservation may significantly alter the site plan provided by the applicant. Zoning Review: The Department of Zoning and Land Development Review staff has reviewed the concerns raised by Environmental staff and the information provided by the petitioner. Staff has also reviewed the minutes of the April 2, 2009 CCPC hearing. Zoning staff recognizes the concerns raised by Environmental staff, but believes Note #5 on the conceptual plan makes it clear that it is not the petitioner's intention to side -step any environmental issues with the submission of this conceptual plan. It is staff's opinion that the petitioner is attempting to reach a compromise between the CCPC's request for more detail, while taking advantage of the LDC's allowance for conventional rezoning requests wherein a petitioner has the opportunity to rezone without strict adherence to a detailed site plan. Furthermore, the petitioner acknowledges that any subsequent developments applications would include an EIS and future projects would be required to undergo EAC review. The petitioner wants the CCPC to remove stipulations #2 and #3. The petitioner believes that the Growth Management Plan (GMP) and LDC offer sufficient regulations and safeguards to address the development of the subject tract if the rezone to the Agricultural Zoning District is approved without those stipulations. The petitioner wishes to have Stipulation #2 removed as it is unnecessary because no specific density was sought as part of this rezoning request thus the GMP requirements would be the prevailing document to address density when further development order approvals (beyond rezoning) are sought. The developer would have to comply with whatever density regulations are in effect at that time. The petitioner wishes to have Stipulation #3 removed, finding that it is confusing given the type of request, i.e., a `conventional" rezone request, not a PUD rezone request. Requiring future development order submittals (SDP and/or Plats) to be approved by the CCPC "for review and Supplemental Staff Report for December 3, 2009 CCPC Page 3 of 6 Olde Florida Golf Club, RZ- 2008 -AR -13951 Revised November 3, 2009 Agenda Item No. 813 January 26, 2010 Page 13 of 188 approval of all categories as if this petition were a Planned Unit Development is a confusing stipulation. Staff notes that the BCC has not adopted any fee to cover the cost of this type of application and there are no review criteria in the LDC with which to review a rezone petition as if it were a PUD. A project either is, or is not, a PUD. In this case the project is not a PUD. In any case, SDP and Plats are NOT reviewed by the CCPC for other for projects, whether the zoning designation is PUD or some conventional zoning district. The BCC has implemented the LDC which contains procedures for staff to review applications seeking development approval review, such as the SDP process or the platting process. The SDP process is administrative, allowing staff to review the submittal for compliance with all appropriate regulations. The SDP procedures contain adequate safeguards to address all site - related issues. Development of the site would need to be compliant with all requirements. In the platting process, while the majority of the review is done administratively, the final plat does require BCC approval. There is no need to require another review process for this project; the regulations now in effect should adequately address and protect the public health, safety and welfare. As noted above, the petitioner placed the applicable property development regulations of the Rural Fringe Zoning District from the LDC on the site plan. Again, this is only a reiteration of the requirements of the LDC; it is no more than, or no less than, what any similarly situated developer would be required to comply. The requirements would be applicable whether they are contained on an exhibit provided by the petitioner or not. Stipulation #l, although reiterations of LDC and GMP, is a site - specific stipulation related to a unique circumstance on the subject site. Stipulation #4 is a site - specific stipulation related to a unique circumstance on the subject site as well. The petitioner does not object to stipulations #1 and #4. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this supplemental staff report for RZ- 2008 -AR -13951 revised on November 3, 2009. STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition RZ- 2008 -AR -13951 to the Board of County Commissioners (BCC), subject to the following stipulations: 1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. Supplemental Staff Report for December 3, 2009 CCPC Page 4 of 6 Olde Florida Golf Club, RZ- 2008 -AR -13951 Revised November 3, 2009 Agenda Item No. 8B January 26, 2010 Page 14 of 188 2. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future. Attachments: #1 Petitioner's Continuance Request #2 Conceptual Rezone Master Plan dated October 2009 43 Excerpt from the April 2, 2009 CCPC minutes #4 April 4, 2009 CCPC Staff Report #5 Draft Ordinance with the original CCPC recommended stipulations #6 Draft Ordinance with REVISED stipulations #7 Petitioner's letter dated August 20, 2009 Supplemental Staff Report for December 3,2009 CCPC Page S of 6 Olde Florida Golf Club, RZ- 2008 -AR -13951 Revised November 3, 2009 Agenda Item No. 8B January 26, 2010 Page 15 of 188 PREPARED BY: 101X7101 KAY Dk$ELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: 'e�' . �4 _ /0 130 6 i RAYMON V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW --SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: Y S PH K. SCHMITT ADMINISTRATOR ATE MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 26, 2010 Board of County Commissioners Meeting COLLIER (COUNTY PLANNING COMMISSION: I I bt-110 MAF4 P. STRAIN, CHAIRMAN DATE Supplemental Staff Report for December 3, 2009CCPC Page 6 of 6 Olde Florida Golf Club, RZ- 2008 -AR -13951 Revised October 27, 2009 Agenda Item No. 8B January 26, 2010 Page 16 of 188 REQUEST FOR CONTINUANCE OR WITHDRAWAL. CHECK ONE. CONTINUANCE WITHDRAWAL If a continuance is requested, please indicate: length of time to: OR indefinite: From: Planning Commission Board of County Commissioners/_ 1. Date of Scheduled Hearing: 6"``%-'0 f 2. Applicant /Project Name: C /rrrlr C /t Cl > 3. Application /Petition number:? 4. Type of Application (examples: Rezoning, Conditional Use or Variance) /37 ecx� 5. Reason for Request: Or Y2 UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 82.525, 1 DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE. SIGNATURE OF APPI¢t;ANT OR AUTHORIZED AGENT DATE rul�7ff° PRINT9P NAME i� a -m it ad ress (� / — °GL'2 [t Ir i'lyO!' ?1'l,F lC�C1 ft ss Address: Street ,J 4&ii Fz- u'`!/OJ~ Ity, State Zip 6Yl -lyo Phone number fv`l3" 5-710 Fax number GAourmntWeselemXREQUEST FOR CONTINUANCE OR Wn HDRAWAL.doc Attachment #1 VACANT (A —MHO) GOLF CLUB OF THE EVERGLADE! ^VANDFABILT BEACH ROAD Agenda Item No. 86 January 26, 2010 Paae 17 of 188 VACANT (A —MHO) SINGLE FAMILY HOMES (E) T9 N VACANT (A —MHO) PER LOC. NO BUFFER REQUIRED Attachment #2 PROJECT: OLDE FLORIDA GOLF CLUB CLIENT: OLDE FLORIDA GOLF CLUB xu c: N.T.S. 'OCT. 2009 ff m . Enphe . Eoftatr . bWV yl - Landxape ArcNfeds - Tranep"Ilm Carmftna m: mr: ROE; REV ND: Wdso iwer, Inc. PFWEa NO. wax¢ N0107- 015 -001 D ND107 —DD9 MX M* IBM S 0200 . NePIK MMM 305 -8507. Ph" 239-60-4= - rwi 199-8&9-6484 . Nab-S7e www.ftwn'er a'wu er cxo m[[r xa J.M.L -L . 1322 9 or 2 une no 9nno _ fann. .N �rtvT[I rA GUf, umnT nnl_ncrr Le..nd \PFVni \nn_NnIM_nnTl1M _e a.... ,&LEGEND METING CONSERVATION EASEMENT EXISTING NATIVE VRSEG ETA110N WITHIN GOLF VE FUTURE DEVELOPMENT ENVELOPE GOLF COURSE BUFFER ZONE _ IIIIIIIIII10111111111H. FUTURE DEVELOPMENT ACCESS PROJECT BOUNDARY FUTURE DEVELOPMENT AREA Agenda Item No. 8B January 26, 2010 Paae 18 of 188 VQIES: A 1, SINGLE FAMILY RESIDENTIAL DWELLING UNITS AND OTHER USES LISTED IN LDC SECTION 2.03 OB.Ai.o.(t) ARE PERMITTED AS OF RIGHT ON THE LAND. ACC RY 1 ONDITIONAL USES ARE PERMITTED AS AND TO THE . EMENT DESCRIBED IN LDC SECTION 2.03.08.A.3.0.(2) AND (3). DEVELOPMENT SHALL COMPLY WITH THE DENSITY, DIMENSIONAL AND DESIGN STANDARDS CONTAINED IN LDC SECTION 2.03.08.A.3.b. AND c. AND THE NATIVE VEGETATIO RETENTION AND USABLE OPEN SPACE REQUIREMENTS IN LOC SECTION 2.03.08.A.3.d. AND e.. COPIES OF WHICH ARE INCLUDED ON THIS PLAN AND INCORPORATED HEREIN BY REFERENCE. 2. PRINCIPAL STRUCTURES SHALL BE SETBACK A MINIMUM OF 25 FEET FROM N,q7 PRESERVES, ACCESSORY STRUCTURES SHALL BE SETBACK A MINIMUM OF 10 FEET FROM PRESERVES. 3. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS CONCEPTUAL REZONE MASTER PLAN, SHALL BE CONSIDERED CONCEPTUAL IN NATURE. THE DESIGN, LOCATION AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT SITE PLAN APPROVAL OR SUBDIVISION PLAT APPROVAL. 4. LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION /CHANGE PRIOR TO CONSTRUCTION PERMITTING. 5. THE AREA DEPICTED AS "FUTURE DEVELOPMENT ENVELOPE' S THE AREA WITHIN WHICH FUTURE DEVELOPMENT ON THE PROPERTY WILL OCCVR. THE DELINEATION AND DESIGNATION OF A PRESERVE AREA WILL BE MADE AS AND WHEN REQUIRED BY THE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT REGULATIONS. © NATIVE VEGETATION CALCULATION EXISTING NATIVE VEGETATION EXISTING NATIVE VEGETATIDN WITHIN GOLF COURSE NDT INCLUDED WITHIN EXISTING CONSERVATION EASEMENT CONSERVATION EXISTING NATNE VEGETATION OUTSIDE GOLF COURSE EASEMENT GOLF COURSE BUFFER ZONE _ IIIIIIIIII10111111111H. FUTURE DEVELOPMENT ACCESS PROJECT BOUNDARY FUTURE DEVELOPMENT AREA Agenda Item No. 8B January 26, 2010 Paae 18 of 188 VQIES: A 1, SINGLE FAMILY RESIDENTIAL DWELLING UNITS AND OTHER USES LISTED IN LDC SECTION 2.03 OB.Ai.o.(t) ARE PERMITTED AS OF RIGHT ON THE LAND. ACC RY 1 ONDITIONAL USES ARE PERMITTED AS AND TO THE . EMENT DESCRIBED IN LDC SECTION 2.03.08.A.3.0.(2) AND (3). DEVELOPMENT SHALL COMPLY WITH THE DENSITY, DIMENSIONAL AND DESIGN STANDARDS CONTAINED IN LDC SECTION 2.03.08.A.3.b. AND c. AND THE NATIVE VEGETATIO RETENTION AND USABLE OPEN SPACE REQUIREMENTS IN LOC SECTION 2.03.08.A.3.d. AND e.. COPIES OF WHICH ARE INCLUDED ON THIS PLAN AND INCORPORATED HEREIN BY REFERENCE. 2. PRINCIPAL STRUCTURES SHALL BE SETBACK A MINIMUM OF 25 FEET FROM N,q7 PRESERVES, ACCESSORY STRUCTURES SHALL BE SETBACK A MINIMUM OF 10 FEET FROM PRESERVES. 3. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS CONCEPTUAL REZONE MASTER PLAN, SHALL BE CONSIDERED CONCEPTUAL IN NATURE. THE DESIGN, LOCATION AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT SITE PLAN APPROVAL OR SUBDIVISION PLAT APPROVAL. 4. LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION /CHANGE PRIOR TO CONSTRUCTION PERMITTING. 5. THE AREA DEPICTED AS "FUTURE DEVELOPMENT ENVELOPE' S THE AREA WITHIN WHICH FUTURE DEVELOPMENT ON THE PROPERTY WILL OCCVR. THE DELINEATION AND DESIGNATION OF A PRESERVE AREA WILL BE MADE AS AND WHEN REQUIRED BY THE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT REGULATIONS. © NATIVE VEGETATION CALCULATION REQUIRED EXISTING NATIVE VEGETATIDN WITHIN GOLF COURSE 88.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES EXISTING NATNE VEGETATION OUTSIDE GOLF COURSE 1-250 ACRES TOTAL EXISTING NATIVE VEGETATION 1388.4 ACRES REQUIRED NATIVE VEGETATION (60X) ±233.8 ACRES PROVIDED EXISTING NATIVE VEGETATION WITHIN GOLF COURSE 88.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES POTENTIAL NATIVE VEGETATION PRESERVATION AREA (INCLUDES 150' BUFFER, EXCLUDES NON-NATIVE VEGETATION) 3942 ACRES TOTAL TO BE PROVIDED 3233.6 ACRES NOTE: THE ABOVE NATIVE VEGETATION CALCULATIONS ARE APPROXIMATE AND MAY VARY AT THE TIME OF DEVELOPMENT. FINAL ACREAGE OF RETAINED NATIVE VEGETATION SHALL NOT BE LESS THAN BOX OF THE EXISTING ONSITE NATNE VEGETATION (i.e., 3233.6 ACRES) PROJECT: OLDE FLORIDA GOLF CLUB CLIENT: OLDE FLORIDA GOLF CLUB ®l il EbHe,r.b•rt1k/ECL1LVJp SG4E: "'OCT. OCT. 2009 Plemen . ERpfieae . EwbglBk • S4royora • Leldscepe ArclelecM . Tianeporlafbn Conalgen4 a rwe: ucE: AEV Ho: WlaonMYer Mc. Mu NO 07-015-001 0o ND1DT -ODs 3200 BWJ'lam Me iW - Alspb4 Pbrm 34W-0%. PM'% Y,,1"4 '4OPD . Pa 2V-M-6494 . Web-Sle mm,,A%MMMB..E DM D , E MO. SHEET NJ: J.M.L. 7322 2 a 3 Nov 02. 2009 — 14�0A .li irtwrri r. rucA n,nr._7_ ,, -- .___...._.._., Agenda Item No. 86 January 26, 2010 171- ayc ,u 01 ,.v -MC SECTION 2.03.08.A b. Density. (1) Maximum gross density. The maximum gross density In neutral lands shall not exceed one dwelling unit per five gross ocres (0.2 dwelling units par acre), except that the maximum gross density for those legal nonconforming lots in or parcels existence as of June 22, 1999. shall be one dwelling unit per lot or pomel. (2) Residential chistering. Clustering of residential development is allowed and encouraged. Where clustered development Is employed, it shall be in accordance with the following provisions: (a) If within the boundaries of the Rural Transition Water and Sewer District, as delineated on the Urban -Rural Fringe Transition Zone Overlay Map in the Future Land Use Element the of GMP, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elemwts of this Pion, central water and sewer shall be extended to the project Where County sewer or water services may not be available concurrent with development in neutral lands, interim private water and sewer facilities may be approved. (b) The clustered development shag be located on the site so as to provde to the greatest degree practicable: I. protection for listed species habitat; fl. preservation of the highest quality nitre vegetation ' IF,, connectivity to adjacent natural reservations or preservation wage on adjacent development: b? and N. creation, maintenance or enhancement of wildlife corridors. (c) The minimum project size shall be of least 40 acres, C. Dimensional and design standards. Dimensional and Design Standards set forth in section 4.02.01 of this Code shall apply to oil development in neutral lands, except for development utilizing the residential clustering in provisions section 2.03.08 (A)(3)(b)(2) above. In the case of such clustered development, the following dimensional standards shall apply to all permitted housing structure types, accessory, and conditional uses: (1) Development that is Not Clustered: (a) Minimum lot area: 5 Acres. (b) Minimum lot width: 165 Feet. (c) Minimum yard Requirements: I, Front yard: 50 feed R. Side yard: 30 feet Itd. Rear yard: 5D feet iv. Nonconforming lots in existence as of June 22, 1999: o) Front yard: 40 feet. b) Side yard: 10 percent of lot width, not to exceed 20 feet on each Bide. c) Rear yard: 50 feat. (2) Development that is Clustered. (a) Minimum lot woo: 4,500 square fact. (b) Maximum lot area: One Acre, (c) Minimum lot width: Interior lots 40 feet. (d) Maximum lot width: 15D feet. (3) Height Limitations. (a) Pdnclpall 35 feet. (b) Accessary: 20 feet, except for screen enclosures, which may be the same height as the principal structure. (c) Golf course /community, clubhouses: 50 feet. (4) Floor area. The minimum floor area for each dwelling unit shall be 800 square feet. (51 Parking. As required in Chapter 4. (6 Landscaping. As required In Chapter 4. (7 Signs: As required in section 5.06.00. d. Native vegetation retention. Native vegetation shall be preserved as act forth M Chapter 4. e. Usable open space. (1) Projects of 40 acres or more in size shall provide a minimum of 70X usable open space. (2) Usable open space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable open space shall also include areas set aside for conservation or pmservotion of native vegetation landscape areas. and (3) Open water beyond the perimeter o1 the site, street right -of -way, except where dedicated or donated for public uses. driveways, off- street parking and loading areas, shall not be counted towards required usable open space. SITE SUMMARY OPEN SPACE AREA TOTAL PROJECT AREA 553.7 ACRES TOTAL PROJECT AREA 553.7 ACRES GOLF COURSE REQUIRED OPEN SPACE (70X) 387.6 ACRES EXISTING GOLF COURSE/CLUBHOUSE 146.7 ACRES EXISTING OPEN SPACE PROVIDED (GOLF COURSE) 274,5 ACRES EXISTING NATIVE VEGETATION WITHIN GOLF COURSE ADDITIONAL OPEN SPACE REQUIRED 113.1 ACRES (TO REMAIN) 68.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES FUTURE DEVELOPMENT AREA FUTURE DEVELOPMENT AREA 192.2 ACRES 100' SETBACK 12.1 ACRES OTHER AREA (OUTSIDE DEVELOPMENT AREA) 37.6 ACRES PROJECT: OLDE FLORIDA GOLF CLUB CLIENT: OLDE FLORIDA GOLF CLUB xaexM„xeRaerGitaW f4.dw/rx rc- a.wwawwaxrwrrw llJ '. . �WAVIF i s u N.T.S. "OCT. 2009 Planners . Engineere . Ecefoghls . Strveywir a LsrxlshiPe ArcNfecfs . Tramportalion ConsugeMs SC : W RGE: P v Ile "Soril Ter, Inc. PRO,,rcy No. N0107- 015 -001 waEx hu oo -uotoT -ass d2009eaey1vW &&20D' Neplae, iwvWa 3405 -,4507 • Rwns Z10"60'4040 • Fa 259-263'6494 • Web-Se sMrsdlormHafFWn DOM ay /amp Na. J.M.L. 1322 sMA Nn 3 o, 3 Nov 02, 2009 - 14:08: JLIGHTELX: ENG N010T 003 -OFGC (remnnl RNnt \nn_mmrn_mm�m Agenda Item No. 813 t Excerpts from April 2, 2009 Janua 20 of 12010 88 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club PETITION: RZ- 2008 -AR- 13951, OLDE FLORIDA GOLF CLUB, INC. CHAIRMAN STRAIN: Next one is Petition RZ- 2008 -AR- 13951, the Olde Florida Golf Club, Inc., represented by John Passidomo. It's on the Vanderbilt Beach Road extension. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of the Planning Commission? (No response.) CHAIRMAN STRAIN: I had one or two conversations with John Passidomo regarding the issues today on the agreement from the past. And we will certainly be discussing all those today. Anybody else? (No response.) CHAIRMAN STRAIN: Hearing none, we'll move forward. John, its all yours. MR. PASSIDOMO: Thank you, Mr. Chairman. Good morning, Mr. Chairman, Commissioners. My name is John Passidomo. My address is 821 Fifth Avenue South, in the City of Naples. Our firm represents Olde Florida Golf Club, Inc. in agenda Item 9.0 before you for consideration this morning. Our project team is comprised of Project Planner Margaret Perry, Transportation Engineering Jeff Perry and Senior Ecologist Tom Trettis of Wilson- Miller. All are available to respond to any technical questions in their respective fields of expertise. Olde Florida Golf Club member, corporate secretary and owners representative, Bill Barton, and Olde Florida Golf Club General Manager Tom Wildenhaus, are also available to address any operational, historical or practical questions you may have concerning the property. The subject property is comprised of approximately 554 acres of land located on the north side of Vanderbilt Beach Road, two miles east of Collier Boulevard. It is designated rural fringe mixed use district neutral land by the Future Land Use Element of the Growth Management Plan, and contains an 18 -hole golf course, clubhouse, supporting facilities and open space. Permitted uses as of right within the rural fringe neutral land designation include agriculture, single - family homes and golf courses. Back in 1991, prior to the creation of the rural fringe, at a time when Collier County's appetite for golf courses and golfers seemed insatiable, the property was rezoned from agricultural to golf course, and the existing golf course was thereafter built in what was then assumed to be the first of two golf courses on the property. Today of course two golf courses no longer make sense, as changing conditions render the golf course zoning, which only allows golf course, clubhouse, maintenance facilities and a caretaker's residence archaic. The petition before you therefore proposes to rezone the property from golf course to rural fringe, neutral land agriculture to achieve three principal objectives: First, to align the zoning of a land with permitted uses as of right under the future land use designation for the property. Second, to ensure compatibility with adjacent agriculturally zoned land. Attachment #3 Page 1 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 21 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club And third, while continuing use of the part of the property for the existing golf course, to provide flexibility for a broad range of permitted uses to be able to respond to market conditions as they emerge for the balance of the property. No development plans are proposed because at this stage none are being considered. A standard rezone application that does not require a master plan is therefore presented to you for consideration this morning. We appreciate staffs recommendation of approval and respectfully request your recommendation to the Board of County Commissioners of approval. I'll be happy to try to respond to any questions you may have, Mr. Chairman. CHAIRMAN STRAIN: Well, that was short, John. Thank you. Mr. Murray? COMMISSIONER MURRAY: Good morning, sir. MR_ PASSIDOMO: Good morning, sir. COMMISSIONER MURRAY: Would you be kind enough to illustrate there -- we have that on the computer screen. Would you show us where the houses would be built, if you know? MR. PASSIDOMO: We don't know. COMMISSIONER MURRAY: Do you know whether or not the golf course will be impacted as a result of this building? MR. PASSIDOMO: We assume not, but we don't know. COMMISSIONER MURRAY: So it is possible that the golf course can be reconfigured, or it could be -- I think there are two golf courses there, right? MR_ PASSIDOMO: There is one existing golf course. There were two originally contemplated. COMMISSIONER MURRAY: Oh, I see. MR-PASSIDOMO: But there's one existing. And there's no market for a second golf course. COMMISSIONER MURRAY: Right. Well, I was concerned whether or not you were going to reconfigure the golf course and move it around in anticipation of putting housing in. MR. PASSIDOMO: No, Mr. Murray. The likelihood of that is extraordinarily remote. COMMISSIONER MURRAY: Okay. All right. And let me see if I had one more question. Oh, yes. In utilities review, I noted that -- okay, the county may not be in a position yet to move out there with sewer and water and so forth. I think they have water, they don't have sewer. How will the -- what is it, one to five acres? Will they put in a septic system now or can they facilitate by also introducing sewer, piping? Is that part of the plan? MR PASSIDOMO: There is no plan. There's nothing on the radar screen. And they'll abide by the regulations as they're in place at the time when they're prepared to move forward. COMMISSIONER MURRAY: So that would become an additional expense at a later time. MR. PASSIDOMO: Yes, sir. COMMISSIONER MURRAY: Probably considerable as well. Okay, thank you. CHAIRMAN STRAIN: Mr. Midney? COMMISSIONER MIDNEY: Yeah, I have a question. It's probably my own ignorance, but why are you going to agricultural zoning as opposed to a PUD? It'S not that you're contemplating farming the area. Could you explain that to me, please? MR. PASSIDOMO: Thank you, Mr. Midney. Attachment #3 Page 2 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 22 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club Well, we wanted to do three things, as we indicated: Most importantly to align the uses in the zoning with the uses as contemplated for neutral lands under the Growth Management Plan. And those permitted uses as of right include not only agriculture but also the single - family dwelling units and the golf courses. The existing zoning land only permits golf courses as a permitted use. We want to be able at the appropriate time, when the market can accommodate it, be able to respond to a demand for any of the uses within the rural lands agricultural zoning designation. COMMISSIONER MIDNEY: And I had another question, too. Under maximum density, it's one dwelling unit per five gross acres, but for maximum lot sizes only one acre. Could you explain that discrepancy. MR. PASSIDOMO: You may want to ask staff. That's what the code says. COMMISSIONER MIDNEY: Ob, okay. CHAIRMAN S'T'RAIN: Are there any other questions of the applicant? Mr. Kolflat, then Mr. Schiffer. COMMISSIONER KOLFLAT: What is the tax burden on that property at the moment, and how will that be affected with a change. of zoning? MR. PASSIDOMO: Mr. Kolflat, I don't know what the tax burden is. I think I may have the property appraiser's record somewhere. But unlike the typical kind of situation where you can eventually expect to see when you down -zone -- when the property's zoned agriculture, the amount of uses are reduced. Here the amount of uses would actually be increased. So we have no way of knowing how the property appraiser will look at this piece of property. But the appraisal will not -- the appraised value will not go down because the amount of uses that actually are permitted will go up. COMMISSIONER KOLFLAT: But the taxes would go down, would they not, with this change? MR. PASSIDOMO: No, sir. No, sir. Because right now the property can be used for only golf course and related facilities. Upon the standard rezone, the property could be used for golf course but could also be used for agriculture and for single- family dwelling units. So there's no reason to believe the taxes would go down. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Access to the site right now is through an extension of essentially lining up with Vanderbilt Beach Road; is that right? MR. PASSIDOMO: That's right, Mr. Schiffer. There's I think an Existing Conditions Access Management Plan that Mr. Perry may have submitted. I'd be happy to display it, if you'd like to see it. But there's a series of publicly dedicated right -of -ways and private easements that lead in that two miles from Collier Boulevard. COMMISSIONER SCHIFFER: And does this property have -- in the extension of Vanderbilt, where will this property be located, on the other side of the canal or on -- in other words, where does the Vanderbilt extension go in relation to this property? MR. PASSIDOMO: There is also a Future Conditions Acoess Management Plan that's in this submittal. And I'll be happy to display that, if you'd like to see it. Attachment #3 Page 3 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 23 of 1'88 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club You can see that. I think what you see there is the future condition with the realigned Vanderbilt Beach Road extension, and then a connector illustrated in the yellow highlight, connecting that to the existing right -of -way pattern that runs east/west. And again, that's in the materials I think that were circulated to you. COMMISSIONER SCHIFFER: And that's in the packet? Anybody else find it? You said its in here somewhere? COMMISSIONER CARON: It's attached, Commissioner Schiffer, to a sheet that is labeled excerpt from January 28th, 2009, letter from the agent responding to county questions. COMMISSIONER SCHIFFER: Thank you. MR. PASSIDOMO: Thank you, sir. CHAIRMAN STRAIN: Did you have anything else, Brad? COMMISSIONER SCHIFFER: So essentially what's going to happen, the extension is going to hop across the canal, and you'll be on the other side of it, as opposed to running -- why wouldn't it be — well, I think that's a -- never mind. Logic long gone. CHAIRMAN STRAIN: Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: John, can you put that thing that was back up here up there? Ray, or whoever had the overhead on there, could you leave the one that was on the overhead on? I don't know who had it. No, not that one, the original one you started with. Okay. That piece of property is owned by -- how is that -- I think I read the disclosure, 275 different people? MR. PASSIDOMO: 275 different people are the shareholders in the corporate entity of Olde Florida Golf Club that's the lot holder. CHAIRMAN STRAIN: Okay. And are they divided up into lots so you know what they own, or they just own a piece of that whole thing? MR. PASSIDOMO: The corporation owns — COMMISSIONER MURRAY: Yeah, the corporation. MR. PASSIDOMO: The shareholders own the corporation. CHAIRMAN STRAIN: I know, Mr. Murray, I know the answer, I wanted it for the record from Mr. Passidomo. Thank you. Through their ownership process, when did that corporation -- when was that corporation formed as the owner of this property? MR PASSIDOMO: I frankly don't know. I think the property was acquired in two different parts, one in 1993 and one in 1997. But beyond that, I don't know. Mr. Barton's here and he could give you some historical perspective, if you'd like him to testify CHAIRMAN STRAIN: Do you know when the corporation was formed? MR. PASSIDOMO: No, sir, I don't. CHAIRMAN STRAIN: Okay. In the agreement that was signed by this group for the Ordinance 91 -16, it says the -- it's on Page 3 of the recorded instrument. On the top on number four, last item said -- it said, the applicant should be advised that future land development activities in the area may be subject to future land use control, consistent with the above regulations. Attachment #3 Page 4 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 24 of 188 Collier County Plannhig Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club I've heard you talk, and you keep referring to this as going back to ag. land. Well, this is a neutral area in the rural fringe. I'm sure you mean neutral area, is that -- its going back to neutral lands designation? MR. PASSIDOMO: Yes, it is. It is clearly designated neutral lands right now. I didn't mean to suggest its going back to the same agricultural zoning it enjoyed in 1991. It's going back to a newly created land use zoning category which is neutral land agriculture. CHAIRMAN STRAIN: Okay. I have a series of other questions, but I've certainly got to get transportation up in a minute. COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: The applicant shall grant a maintenance easement to South Florida Water Management District/Big Cypress Basin over that portion of this property which lies within the needed 20 -foot maintenance easement along the Cypress Canal, measured from the top of bank. Do you know if that's been done? MR. PASSIDOMO: No, sir, I don't. I assume it has been done, but I have no reason to believe it has not been done. CHAIRMAN STRAIN: Okay. There's a paragraph in this agreement concerning the roadway, and it concerns Vanderbilt Beach Road. And I notice from one of the aerials provided in the package that Vanderbilt Beach Road extends from 951 straight over until it hits your property, and then it has to cross the canal. And I'm not sure after that where it goes, because my maps don't go that far. But based on a reduced aerial, I notice that the other properties to the east have land to the south of them, it looks like enough to fit the road. Yours seem to be the only problem in that extension. And that extension, by going across the canal, has created additional cost for bridges and taken out people's homes. Yet in your agreement that was signed -- and this is more of a question for staff, I don't know how it's going to affect you yet, but I want to make sure I state it for the record so staff can explain it when I get transportation up here. The petitioner shall extend the Vanderbilt Beach Road from its terminus to the project's west property line. Such construction shall be in accordance with county standards as set forth in Ordinance 82 -91, in the subdivision regulation's ordinance 76.6. The roadway shall parallel the southern boundaries of Sections 35 and 36, Township 48 South, Range 26 East and positioned adjacent to the Cypress Canal to the south. And it looks like that's what was done. So transportation will have to explain this, but it's apparent that the road was intended to go straight through, but for some reason they didn't go through your property. I think that's convenient for you. I'm not saying it's wrong or right, but I want to understand staffs reasoning on that So that's why I belabored this point a little bit, to explain to you where I'm going to go next with them. I see Mike Green back there, he's going to have fin with that. The staff report says you intend to preserve the 18 -hole golf course and permit the addition of up to 110 single - family homes. Do you know how that 110 was arrived at? How did you come up with that number? MR PASSIDOMO: IVs a function of the zoning under the proposed zoning district, one unit per five acres. CHAIRMAN STRAIN: How do you figure that's five acres for that? Because according to the neutral lands LDC requirements under density, maximum gross density: The maximum gross density in neutral lands shall not exceed one dwelling unit per five gross acres (.2 dwelling units per Attachment #3 Page 5 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 25 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club acres), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22nd, 1999 shall be one dwelling unit per lot or parcel. Now, your testimony was that that was one parcel by a corporation prior to '99. So that means you get one unit. I'm just wondering how you get around that MR PASSIDOMO: No, sir, I don't think we get one unit The parcel is 554 acres. One unit per five acres is 110 units. CHAIRMAN STRAIN: Okay, well maybe J -- or somebody at staff can explain that to me. Because if you get more units, I think you'd have to go into some kind of TDR process or whatever to increase the density through the clustering provisions. But if this was one parcel prior to '99 and that language says that, I don't know how you'd qualify for 110 units. And by the way, John, I didn't mention this to you when I talked to you yesterday, because as I told you when you and I talked, I would have to look at this language last night, and so that's when I read the language. MR. PASSIDOMO: Thank you, Mr. Strain. CHAIRMAN STRAIN: So I didn't have a chance to even bring it up to staff either. But I certainly, from Kay or staffs perspective, I'd Iike an explanation of that sentence and how it applies to this parcel. And if this isn't considered a parcel that's practical for that application, then where's the limitation that does say a parcel of such size doesn't apply to that application? Because I don't see it. MR PASSIDOMO: Mr. Chairman, I might respectfully suggest that that's a question of interpretation of the code. We're very comfortable with our own interpretation of the code. And the question before the commission this morning is simply whether the property is appropriate to be rezoned from the golf course zoning district to the fringe neutral lands agricultural zoning district. CHAIRMAN STRAIN: Well, but the -- unfortunately the staff report is replete with references to 110 single- family homes. And I think you had a TIS or something provided in other documents that referenced 110. MR. PASSIDOMO: Yes, sir, we -- CHAIRMAN STRAIN: So they're in the record. Now I want to make sure that the record's correct. And if it takes an interpretation from staff to do that, I certainly want that interpretation before this — before I can understand what this means, so -- MR PASSIDOMO: Understood. CHAIRMAN STRAIN: Just a comment I have to make to you on that one. And when staff gets up here, we can get into that Another thing, since you -- one of the items in your agreement concerning the future land use -- or future land use regulations that you agreed to abide by, I know you cannot do the Audubon Signature Program, but is there a commitment that the Audubon's Cooperative Sanctuary Program will be followed? MR PASSIDOMO: It has in fact been designated. CHAIRMAN STRAIN: Okay. And there was an item, I guess this is a staff issue, on density blending. Because I now find out that you're not qualified for density blending, so I'll get that clarification from staff. Because that's inconsistent apparently with the report. MR. PASSIDOMO: Don't need density blending. Attachment #3 Page 6 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 26 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club CHAIRMAN STRAIN: And the last thing I think during the NIM, one resident wanted clarification there be no commercial uses. I didn't find an answer in this write -up that we received. Is there any commercial uses being planned for this property? MR PASSIDOMO: No uses are being planned for this property, Mr. Chairman. The -- no commercial uses are permitted in the zoning district to which we make application, so the simple answer is that none are contemplated and none will be permitted. CHAIRMAN STRAIN: Okay. MR. PASSIDOMO: Mr. Chairman, if I could respond to the first question about the 1991 agreement -- CHAIRMAN STRAIN: Yes. MR. PASSIDOMO: -- for part of that rezone? You may want to make — what rve done is taken the liberty of showing you the existing conditions. And this is in your packet, so I hope you've had an opportunity to peruse this before. But what you can see is this is the two -mile stretch running east on Vanderbilt Beach Road extension as it exists today from Collier Boulevard. And what you can see from this is that there were a series of publicly dedicated right -of -ways and private easements that led right up to the Golf Club of the Everglades. And what happened upon submission of this, the prior application in 1989 to rezone the property from ag. to golf course is there was not legal access all the way to Olde Florida. And those proceedings were suspended until Olde Florida was able to actually acquire that last leg that you see designated there in this kind of yellow color. You see the reference to easement and the recording information to that easement. CHAIRMAN STRAIN: Yeah, I read all the testimony from November of 1990, I believe, and then the final on February 21 st of '91. And that's consistent with everything that reads there. But that also strengthens my argument that the intention of Vanderbilt Beach Road extension was to continue on. How it didn't go through your property but yet they made every other property prior to yours provide that extension distance is a little puzzling to me. And that's another issue we'll get into in a minute or two. MR. PASSIDOMO: Mr. Chair, you're going to want to pose that to staff, but let me suggest to you that in 1991 no one thought Vanderbilt Beach Road was going to go beyond this terminus. And Mr. Barton was here at that time, he can testify to that effect, It certainly wasn't in the contemplation of the Board of County Commissioners in 1991 that they were designating an alignment for a road that wouldn't come to fruition until 15 years thereafter. It was not any plans, it wasn't within contemplation by anybody. The simple references in the agreement to which we refer are an absolute insurance that access was acquired to the property so it didn't -- it wouldn't alter the means of access through the residential lots in Golden Gate Estates. CHAIRMAN STRAIN: Well, ironically there's some parcels to the east that have a section or portions of their property stopping shy of that canal, which to me they would have only done that so a road was coming through. How it was missed on your propert -- and it's not -- I'm not saying it's through any fault of yours. I just want to find out from transportation where their mindset was and how that, if anything, be corrected through any process here today. So thank you. Mr. Murray? COMMISSIONER MURRAY: Yeah, I just want to truly understand. Attachment #3 Page 7 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 27 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 200 8-AR - 13951, Olde Florida Golf Club I gather that this was — this is forward planning now. In other words, you made a statement that you're not going to do anything with the property, you just want to rezone. MR. PASSIDOMO: That's correct. COMMISSIONER MURRAY: So any change in taxation would only occur on the occasion of the first structure being introduced; in other words, a house. Would that be a correct statement? MR PASSIDOMO: Well, you want to talk to the property appraiser about that, but I'm not sure that is a correct statement. The fact is the property appraiser assessed value of land and improvements, and one of the things they consider when they assess the value of the land is what you can do with the land. COMMISSIONER MURRAY: Right, I understand that part. In other words, the moment you would get the rezoning, the value of the land increases, effectively, because the taxation rate would be applied; wouldn't that be correct? MR. PASSIDOMO: Pm not going to acknowledge it's going to increase or decrease, but somebody could come to that reasonable conclusion. COMMISSIONER MURRAY: Okay. And I too share the concem that I hear expressed, and I didn't express mine as strongly as I would like to have with regard to the changes that were made with regard that road and how others have been impacted by it And I appreciate that the corporation sees a future, but I see a juxtaposition there that doesn't seem very fair to me. But that's just -- MR. PASSIDOMO: Mr. Murray, with all due respect, the only issue in front of the Planning Commission today -- COMMISSIONER MURRAY: I understand. MR. PASSIDOMO: -- is the proposed rezone. The Board of County Commissioners made their determination a couple of years ago as to the appropriate alignment of that road. Presumably there was a rational basis for their decision, and we respectfully request it's not appropriate to retry that now when the only issue before the Planning Commission is the rezoning request. COMMISSIONER MURRAY: I understand that. In my heart, though, I had to make my comment. MR. PASSIDOMO: Thank you, sir. CHAIRMAN STRAIN: Any other questions of the applicant at this time before we go to staff? (No response.) CHAIRMAN STRAIN: Okay, thank you, John. MR PASSIDOMO: Thank you, Mr. Chairman. CHAIRMAN STRAIN: Staff report. MS. DESEI..EM: Good morning again. For the record, Kay Deselem, Principal Planner with Zoning. You do have the staff report, which is revised 3/17 of '09. And you have the -- on Page 1, the requested action explains the geographic location. And on Page 2 is the description of the project that coincides with what the petitioner has explained as well. It shows you the surrounding land use at the bottom of that page. And on Page 3 it goes into the Growth Management Plan consistency review, and that's already been hit onto some extent already. It does identify that it's in the neutral lands. Talks about the maximum density and allowable uses within that, and specifically addresses the golf course or the Attachment #3 Page 8 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 28 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club driving range within that also. And it does talk about some of the Audubon Cooperative Sanctuary programs that were identified for this parcel. Talks about the native vegetation and preservation requirements. And there was a question, it talks about the density blending, and no density blending is proposed for the subject site. There was a question posed to staff from Mark Strain, and it has been explained by David Weeks that this parcel is not applicable to have these density bonus units. So that even though it says they're not -- blending is not proposed, they don't qualify for it anyway, so they would not be doing that. There is a transportation element discussion on Page 7 wherein transportation staff finds that the roadway network has sufficient capacity to accommodate the maximum density that could be allowed by the comp. planning. Explains the Vanderbilt Beach Road impacts and the County 951 impacts. Also explains that there are no environmental issues on this particular project as part of the rezoning. Any issues that would arise would be addressed later in the development order process. Staff does provide an analysis beginning on Page 7. And it touches on the transportation review, environmental review, utilities review, and goes into more depth as far as zoning and development review. You have rezone findings beginning on Page 9 and going through to the end of the report that support staffs recommendation that this petition be found consistent with the Growth Management Plan, and we are recommending approval of the petition. And as you've already discussed, Michael Green from transportation is also here to address specific transportation concerns you may have. With that, if you have any questions, I'll be happy to try to address them. CHAIRMAN STRAIN: Questions of staff? (No response.) CHAIRMAN STRAIN: Hearing none, Kay, I have one, and it goes back to the question. I read the report where it said the maximum density one per five gross acres, but the italicized reference from the LDC that was put in our report was not the complete paragraph that's in the LDC when it talks about maximum gross density. Besides saying it's one to five, it goes on and provides the exception that I read earlier. Do you have any -- do you know why that exception wouldn't apply to this case? MS. DESELEM: This particular portion of the staff report was prepared by comp. planning. But I'm not saying that I don't know, I'm just saying that that's where it came from. And I don't know why it wasn't put in. But my understanding is that this particular site would be reviewed as an overall site. I don't know that it would be limited to one unit for the overall size of the project. In fact, in the staff report it does say that they would be allowed that maximum density of 110 dwelling units. CHAIRMAN STRAIN: But they derive the density from this simple calculation of the first few words in the -- under the neutral land designation, which simply said one dwelling unit per five gross acres, and it didn't tell us if they took into consideration the exception that's there involving the date. And I remember when that happened when -- I was in this county when the Governor put that moratorium in place. And because they were changing a lot of things, they were concerned about the Attachment #3 Page 9 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 29 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Dide Florida Golf Club size of some of the lots out there. And I think there was another property to the south called Hobschmits (phonetic) or some — there was a big lawsuit to the south around a large piece of property over their calculation of density. And I don't remember the name of the owner. It started with an H, Hubsman or something like that. But if that's — if this is applicable, then that 110 is in question. And since that's on the table here in this staff report, I certainly would like to get an answer for it. And I know David was here. At the time I didn't have the question, because I thought it would be answered by you all, so I should have asked him when he was here this morning, but I failed to do that. If he's listening and could either e-mail Ray or call in or something, I'd appreciate it, so -- MS. DESELEM: Well, I can state that this is information and it talks about a maximum density that could be sought, but in no case does this rezoning approval grant any density. That would all be addressed through the development order process. This is just general guidelines as to what the maximum could be. But in no case are we approving that density for this rezoning. CHAIRMAN STRAIN: Okay. Well, then maybe a solution without a further clarification would simply be that there's no density provided through this rezone process, it will have to come out of any application in the future. COMMISSIONER MURRAY: Right. MS. DESELEM: Right, that would be -- this is just general information as to maximums that could be allowed. Density isn't by right anyway. You know, you're eligible to seek it but there are no givens. You don't know what the configuration of the site might be, you don't know how they might design it. It might turn out that they can get, you know, some other number, 52, 47, 75. We don't know. We're just evaluating what the maximum that could be allowed as a general information. But the rezoning is not conditioned upon any density number. CHAIRMAN STRAIN: Okay. In your staff report on Page 10, number five. In the future it's just a reference I'd like to mention to you. The second sentence of that answer says, the proposed zoning change is appropriate because its relationship to the FLUE is positive. Well, I think you mean is consistent in what you -- I don't know why you would be the judge of it being positive or not being positive under the material provided here today. MS. DESELEM: Yeah, the term positive is to mean that it's consistent rather than inconsistent. With the understanding that inconsistent would be negative, consistent would be positive. CHAIRMAN STRAIN: Welt, consistent also -- I mean positive also means there's a plus side to approving this. I haven't seen that yet other than -- I haven't seen it, other than someone's going to make some money somewhere_ I don't know, the tax -- county may increase taxes if homes are developed. But I just would think consistent is a better word in the future. Under number seven, the text of number seven reads differently than what your answer I think says. It says, in the first sentence, whether the change will create, and then the word or, or excessively increase traffic congestion. So if you take out the word "or excessively ", because it's saying create or excessively increase, your answer is, the proposed change will not create or excessively increase traffic congestion. Well, we know it will create traffic con -- more -- increase traffic if they put anything on there besides the golf course. And I guess that's the premise under the 110 or any kind of additional housing that they could possibly change with their zoning application. Which if we stipulate they don't get any density, I guess that question goes away, so I've just answered my own question. MS. DESELEM: That was easy for me. Thank you. Attachment #3 Page 10 of 32 Agenda Item No. 813 Excerpts from April 2, 2009 Janua 30 of 1088 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club CHAIRMAN STRAIN: Well, I didn't know you were going to -- I didn't know my first answer was going to be what it was, so that created no need for the second answer. Okay, that's all -- unless there's more questions of staff, transportation needs to address some issues. Thank you. MR. GREEN: Michael Green, Transportation Planning. CHAIRMAN STRAIN: Michael, I mentioned to you yesterday my question for today concerning the Vanderbilt Beach Road extension, and you were going to try to do some research. Why was -- if Vanderbilt Beach Road was such an issue, and I read the minutes of the meetings back in '90 and '91, they really -- the board at the time was insistent that this project make sure that road got to the west side their project. And I notice some properties to the east of this project have spacing above the canal on the north side narrow enough to make it appear as though it's a road alignment spacing or something of that nature. Why was this project not considered to have Vanderbilt Beach Road extension ran through it? MR- GREEN: I couldn't find in the LRTP at the time that the Vanderbilt Beach Road extension was planned to go beyond. So much like we're doing today with the LDC 10.02.05(E), we require that the project extend public access to their site. To their site. Not like we did with the school or the church on Canon and Molder off of Immokalee, the same conditions. They're having to improve those roads down to their site, show us that they have easements and legal rights. But that doesn't mean that there's an intent to continue those through their site to the extent of the rest of the network. CHAIRMAN STRAIN: So you're saying when this project came in for approval in 1991, there was no plan that showed the Vanderbilt Beach Road extension going further east than the western terminus of this project? MR. GREEN: I did not see one. CHAIRMAN STRAIN: Okay, Ms. Caron? COMMISSIONER CARON: Before you go on. CHAIRMAN STRAIN: Yeah, go right ahead. rve still got more, but -- COMMISSIONER CARON: Just before you go on, though, and leave that point.. Then why in their agreement is there under a transportation commitment number one should the developer or other property owners wish to extend Vanderbilt Beach Road, they have to do it according to your specs. So obviously there was some consideration at the time of extending that road by these people. And at the time they would have to have been using their own property, unless they were going to go out and buy, like you all have, and I doubt that seriously. MR. GREEN: You see the condition under planning in the section above transportation? COMMISSIONER CARON: Right MR. GREEN: It's strictly a requirement that they extend the road to their property. COMMISSIONER CARON: I understand that. MR. GREEN: The section under transportation is worded if they choose to. Like I said, today -- and I don't know that this was necessarily in our LDC in '91, but what we use today is 10.02.05(E). It's in our LDC. We request that they show that they have legal access to their property and that they improve to county standards roads that they use to access it COMMISSIONER CARON: There was intent here, in my opinion. Attachment #3 Page 11 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 31 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Oide Florida Golf Club CHAIRMAN STRAIN: Prior to my discussion with you yesterday, were you aware of this agreement? MR. GREEN: I hadn't read it personally. I pulled it after our discussion. CHAIRMAN STRAIN: There's been a lot of study on the Vanderbilt Beach Road extension, there's been a lot of conflict on that issue. And some of the people involved in this, I being at time to time one, I don't remember ever seeing this agreement before until it happened to come to us today as a result of the change that the petitioner is requesting. I think it's interesting that the language in the agreement — and I wish that language had been introduced to the BCC at the time they made the decision to move this road south of the canal and the cost that's incurring to taxpayers of the hundreds of millions of dollars to do this route the way it is now when we had language that may have helped with a different argument back then. MR GREEN: May have. But this language doesn't undo the eight or so well sites that public utilities has along the north side of the canal that would also -- are an immense cost to relocate, if you were to put the Vanderbilt Beach Road extension across there. CHAIRMAN STRAIN: They have well sites all over the county. Under the transportation element on Page 7, the reference write -up, it says its got a 6.8 percent significant impact on the roadway. And it says, this segment of Vanderbilt Beach Road is currently in the right -of -way acquisition process to accommodate a plan expansion outside the five -year capital improvement plan. The remaining capacity and level of service are not currently reflected into the adopted 2008 AUiR What are you trying to say by that sentence? MR. GREEN: Vanderbilt Beach Road east of 951 is not a concunency segment. CHAIRMAN STRAIN: Meaning? MR. GREEN: There is — when this project came forward, we had -- we were approaching 60 percent design plans for the BCC adopted alignment. And that is what the right -of -way acquisition is working on this first segment of the new corridor. CHAIRMAN STRAIN: So if they have a 6.8 percent significant impact on the roadway but they're not in the concurrency management plan, it doesn't mean anything. Is that what it boils down to? MR- GREEN: Basically. Their 6.8 percent impact is on the surface volume of only a two -lane road. CHAIRMAN STRAIN: How bad of an impact will the addition -- would those trips -- well, those are existing trips. Any new trips, how would they have to justify them, should they come in with the more uses if they get this rezoned today? MR- GREEN: There's a commitment that I have in part of the application from Olde Florida that basically says that any additional traffic impact statements would be required to analyze any proposed change in uses, and they'd have to come back in with another TIS with their plat. CHAIRMAN STRAIN: Where is that commitment found? What page of what paperwork? MR. GREEN: I'm not sure that it's in your staff report. It was in the documentation that has been provided during our review process. If I could put this up on the visualizer. CHAIRMAN STRAIN: Please do. So it's the purple language in the second -- the second set of purple language you've got highlighted there? Attachment O Page 12 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 32 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club MR. GREEN: That's correct. CHAIRMAN STRAIN: That's a commitment, you're saying. Is it a code requirement? MR. GREEN: Yes. Any time they come in, they're required to provide -- any application is required to have a TIS accompanying it. CHAIRMAN STRAIN: Okay, so if you got a -- if they put a house up in there, they'd have to have a new TIS for the house? MR. GREEN: Not for a single - family home. CHAIRMAN STRAIN: How about if they put up 110 single - family homes? MR. GREEN: If -- when they come in with the plat, once the plat and TIS that goes with that is approved, then they can build each of those single - family homes without further transportation applications. CHAIRMAN STRAIN: So the only way you catch them is if they come. in with a plat. Are they required to come in with a plat? This property's owned by a corporation, the corporation wants to go in and build 110 homes for their 275 people to use on, say, an interim basis. Do they need a plat? MR. GREEN: I don't know if they need one through our process or not. COMMISSIONER MURRAY: It's an interesting question. CHAIRMAN STRAIN: And again, I'm a little puzzled as to what's going on here with this whole application today. I'm concerned about what was missed apparently. And it wasn't the applicant that missed it I think apparently there's some opportunity here that seems to have been missed by that agreement that was in place that seems to be newly discovered. But I would like any commitments that you need to make sure you get a TIS and you get the traffic addressed, that they're stipulated during this rezone process, instead of just relying on platting, if they chose not to plat. So III ask the applicant before this is over if they have any objection to platting any future uses that may go in there. And we could require platting as part of the rezone stipulation. Ms. Caron? COMMISSIONER CARON: Yeah, let me just ask: While they have to provide a TIS, what will happen? You just said that they were not part of the concurrency system. So if they're not, it doesn't matter that they prove that they're going to highly impact the road. if we can't do anything with that information. MR. GREEN: They're not going to have a negative impact. They have 68 total trips on their -- net new. I'm song, they have 68 net new trips that are utilizing under the existing two -lane version of Vanderbilt Beach Road. It's not a concurrency segment. The first concurrency segment is 951. They have a less than one percent impact on 951. So it's safe to assume that when Vanderbilt Beach Road is extended as a six -lane road, they will have also less than one percent impact on that road also. COMMISSIONER CARON: The intersection improvements that you're making at 951 are intended to solve any issues there. They're not just, this is the best fix we can have, correct? MR. GREEN: That's correct. COMMISSIONER CARON: They are actual solutions. The reason I ask that is going back to when we were doing Growth Management Plan amendments at Orange Blossom and Airport. Whatever fixes were involved there, commitments were made to -- but they were not solutions, they were just -- - MR. GREEN: Unlike Airport -- Attachment #3 Page 13 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 33 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Oide Florida Golf Club COMMISSIONER CARON: -- the best we can do. MR. GREEN: That s correct. Unlike Airport and Orange Blossom, which the proposal is an interim fix and then an ultimate solution, Vanderbilt Beach Road and 951 is an ultimate solution that's designed for the traffic assumed to be utilized at that intersection in 2030. CHAIRMAN STRAIN: If Vanderbilt Beach Road went through this project instead of going -- crossing the canal, taking out homes and I guess assuming then go back up on the north side of the canal, I don't know where it goes after that, would going through this project have been a less expensive process for the public? MR. GREEN: I don't know the answer to that. I know that -- CHAIRMAN STRAIN: I don't mean by buying out the golf course or destroying the golf course, I'm just saying had the process ran straight along that canal and not had this effort to go take out homes, it seems to me it would be a no- brainer, it would be less expensive. MR. GREEN: It eliminates some of the conflicts to homes in this section. There are still conflicts, there are still displacements in other areas of this corridor. CHAIRMAN STRAIN: The process we're asking to approve today for this project is going to open it up for more uses. And they're talking about one of the uses in here was I10 potential residential uses. No doubt in a club of this nature or a property of this nature that those uses would be very valuable. So the project stands to make a potential windfall of millions of dollars through a process of rezoning when they originally right now are just a golf club. They can't sell anything else, they can only sell the golf club. It seems to me that if transportation may have been in a position to consider some use of that southern tier property, because they're going to have to do a lot of work on that property anyway, and realigning a golf club when they're going to build homes, especially realign it so it's better amenitized (sic) for the homes they might build may not be a bad thing overall for the project. Did anybody from transportation attempt to explore that avenue with the applicant? MR. GREEN: We did. Actually it was explained to us that the existing golf course was going to be left untouched and the new homes were going to be isolated to the areas that were undeveloped that surround that golf course. So there weren't any new roads internal to the project for homes planned between the existing golf course and the canal. CHAIRMAN STRAIN: I didn't look at the layout of the course, but every course is changeable. MR. GREEN: I'm not sure, it may be hole number two that runs almost parallel to the canal. There's a tee box in the fairway. CHAIRMAN STRAIN: I see that, but I also see that north of the -- what looks like the tee boxes for hole number two are some vegetated areas, and it would only be able to swing hole number two up to the north in order to leave some space to the south in which a road could go through. Just a thought. I didn't know how far you guys explored it. But I'm trying to understand how this is a benefit. MR. GREEN: Through the -- there was I believe three public meetings during the corridor and alignment study process for Vanderbilt Beach Road. And there were conflict matrices that were put together that identified habitat impact, environmental impacts, public and private residential impacts, _ Attachment #3 Page 14 of 32 Agenda Item No. 813 Excerpts from April 2, 2009 Janua 34 of 1188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club socioeconomic impacts. And the board I believe chose the alignment that had the less amount of the -- you know, the fewest amount of impacts to all of that. CHAIRMAN STRAIN: And I believe the board would have done so based on the information it had at the time. So I'm not sure that all this information was on the table, but thank you. Any other questions? Mr. Schiffer, then Ms. Caron. COMMISSIONER SCHIFFER: And just a quick question. And I'm sure this dye is cast, but at public hearing, did this landowner ever express the fact that they weren't going to build the second golf course? MR. GREEN: During the public meetings for the corridor study? COMMISSIONER SCHIFFER: Yes. MR GREEN: I didn't personally have any contact, and I don't know that any information was provided from this property owner. COMMISSIONER SCHIFFER: And they never expressed the intent to come in at this date with an agricultural rezone? All right, thank you. CHAIRMAN STRAIN: Ms. Caron. COMMISSIONER CARON: Let me just run down -- you did a rundown of a list of considerations during that study, impacts to habitat, impacts to individual homeowners. Can you just reiterate that list? MR- GREEN: It was including but not limited to environmental impacts, habitat, public and private properties, businesses, residential impacts, impacts to utilities, both public and private, and socioeconomic. CHAIRMAN STRAIN: Any other questions of transportation while they're up here? (No response.) CHAIRMAN STRAIN: Okay, I am not sure what time it is, but I think it might be 10:10. But why don't we take a -- Mr. Murray, before we take a break then? COMMISSIONER MURRAY: Just help me, what was the socioeconomic issue that you evaluated? MR. GREEN: It looks at the land uses and the potential for change in zoning and businesses and the businesses and residences that may be along that and what impact it may have, if it would increase or decrease property values and -- COMMISSIONER MURRAY: And what did you conclude? MR. GREEN: I don't know. I didn't run that study. COMMISSIONER MURRAY: Okay. CHAIRMAN STRAIN: Okay, let's take a break till -- well, that silly clock says it's 11:11, so that would be 11:25, but I think it's really 10:11 and it would be 10:25, so let's come back here at 10:25 from a break. Thank you. (Recess.) CHAIRMAN STRAIN: Okay, if you'll all come back to your seats. At some point the break ended. We don't know yet, because from 10:11, it is now 10:49. And we were supposed to have only taken 15 minutes. That's a result of our electronic technician, Kady, and our architect, Brad Schiffer, and our engineer, Mr. Schmitt, who's Corps of Army, all trying to fix a digital clock. I'm real worried about this. MR. SCHMITT: Electronically challenged. Attachment #3 Page 15 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 35 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club CHAIRMAN STRAIN: Oh, boy. Okay, let's move on. We had just finished up talking with transportation on the issues concerning this action. Are there any other issues of staff at this time before we ask for public speakers? (No response.) CHAIRMAN STRAIN: Okay, do we have any public speakers, Ray? MR. BELLOWS: Yes, we have one registered speaker. Peter Gaddy. CHAIRMAN STRAIN: Okay. MR. GADDY: For the record, Peter Paul Gaddy. Morning, Mr. Chairman; morning, members of the Planning Commission. I'll be real brief. I agree with counsel that the issue before us here or before this Planning Commission is the rezoning of this property. However, the implications of the original ordinance is that the county commission in 1991 set the alignment for the Vanderbilt Beach extension. I think this is one of those situations where more questions have been raised than answers. If we don't ask some of these questions, we'll never know the answer. I want to point out that the original ordinance called for a road with arterial specifications. I would recommend that the county archives be searched and this Planning Commission obtain additional information prior to acting on the rezoning request. Thank you. CHAIRMAN STRAIN: Thank you, sir. Are there any other speakers, Ray? MR. BELLOWS: Yeah, Tim Moore. MR- MOORE: I was wondering if we could pull that map back up here. CHAIRMAN STRAIN: You have to get to the speaker, first, identify yourself for the record, and then we can go forward. MR. MOORE: My name is Tim Moore. I live at 1821 Richards Street. Which is -- if you pull up the map, I can show you where I am. Simplest way is for me to walk over. I'm — CHAIRMAN STRAIN: I'm sorry, but -- yeah, you're that road to the north, we understand. You have to be on speaker with everything, unfortunately, sir. Sorry. MR. MOORE: Okay. rm A at the top of your paper -- CHAIRMAN STRAIN: Okay. MR. MOORE: -- at the end of Richards Road. Okay? rm not objecting to the rezoning. What I've asked, and I sent a letter to Jim Coletta, which was sent to this lady. CHAIRMAN STRAIN: Kay. MR. MOORE: Kay. And also to transportation, was that while you're doing this rezoning, why don't we ask for an easement to -- original maps show Richards Road going all the way to Vanderbilt. So if we had an easement all the way through, then some of that transportation that you're worried about would be alleviated. Number one. Number two, where I am all the way to Krape floods every year. Do we have something that we can walk with? CHAIRMAN STRAIN: Yes. MR. MOORE: I'm going to point -- on an average -- CHAIRMAN STRAIN: You've got to turn it on. There you go. One of those buttons. MR. MOORE: It's on. Can we try another one? Attachment #3 Page 16 of 32 Agenda Item No. 88 January 26, 2010 Excerpts from April 2, 2009 Page 36 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club MR. BELLOWS: You want to try a laser thing? Come to this one. MR. MOORE: Here, let's do this. CHAIRMAN STRAIN: Thanks, Ray. MR. MOORE: Okay, at the end of Krape Road, this land right here, during the summer months usually holds about two and a half, three foot of water, okay? Now, if we're going to put 110 houses in that area, then were going to have to fill all that in, okay? Then we create another barrier here, and all this land floods even worse. My proposal is, and I'm not an engineer, and I don't claim to be, but if we had road ditches all the way to the canal at Vanderbilt, then we would eliminate all of this catch basin that you all -- I don't mean you guys. But what has happened is there was a cypress head that ran through here and a cypress head that ran through there that took the drainage out of this area. We don't have that now. Everglades has got a berm that goes across here and this is all full, okay? So what are you going to do with the two and a half, three foot of water here when you put all these houses in? You're going to have to raise that land up so that it will accommodate, and when you do that, then were going to be in a fish bowl. So I don't have a problem with the rezoning, I have a problem with not making sure that we get an easement through there with road ditches all the way through to take it to that canal so that we eliminate all these folks being under water every summer. CHAIRMAN STRAIN: Okay. Thank you very much, sir. Appreciate it Are there any other speakers, Ray? MR. BELLOWS: No other speakers. CHAIRMAN STRAIN: Okay. John -- oh, go ahead, Mr. Schmitt. MR. SCHMITT: Yes, you asked a question of Dave, and I have an e -mail and hopefully this may answer your question. Maximum density in neutral is one dwelling unit per five acres, both in the FLUE and in the LDC. So it's Future Land Use Element and Land Development Code. The exception is for legally nonconforming lots. The exception provision at the end of the RMFUD and the FLUE wouldn't apply since there is no prior zoning action or other development order approved that allows greater density. Maximum density using clustering is the same, just allows smaller lot sizes within total project. With or without clustering, this 554 -acre site is eligible for 110 dwelling units. Max lot size using clustering is one acre both in the FLUE and LDC. CHAIRMAN STRAIN: Okay, that does answer it. David probably knows better than anybody, so Okay, with that John, did you have any comments? MR. PASSIDOMO: Concluding remarks, Mr. Chairman. CHAIRMAN STRAIN: Sure. MR. PASSIDOMO: We'd be happy to stipulate in the question of traffic impact statement at the time of a plat or a site development plan to ensure that the county does in fact have a site development plan in place at the time we know the future development of the property, so that you're assured you have a new traffic impact statement to reflect conditions as they may exist at that time. Appreciate the staffs comments for elaboration purposes, of course. The provision on density applies as an exception_ for non-conforming lots of record. It's not intended as an exception, its intended to in no way detract from the underlining zoning on the property. Attachment #3 Page 17 of 32 Agenda Item No. 86 January 26, 2010 Excerpts from April 2, 2009 Page 37 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club The thought that the best thing to address questions of -- from a historical perspective and especially the questions that Mr. Moore most recently raised about Richards Street drainage, what may have happened in 1991 and what may have happened before the Board of County Commissioners and the testimony in evidence and professional counsel that was in front of them when they made their determination as the alignment of the road, we'd ask Bill Barton to testify before you, Mr. Chairman. Mr. Barton was here in 1991 in a professional capacity, he was here as a member of the Olde Florida Golf Club, and he has been throughout. He has personal knowledge and he has professional expertise. And with your indulgence, I'd like to ask him to testify, because I think there are a lot of good questions that were raised, and Mr. Barton can respond to them. CHAIRMAN STRAIN: That's fine. MR- PASSIDOMO: Thank you, Mr. Chairman. Bill? MR. BARTON: Thank you, Mr. Chairman, members of the Commission. The -- let me start with a couple of things. I made some notes here as discussion was occurring. On one of the first ones, the Chairman asked whether or not the easement that was required to be granted to South Florida Water Management District was indeed granted. And the answer to that is yes, it was. In addition to that, although it has nothing -- no bearing on this, Olde Florida also granted to Collier County I think four different easements for well sites along that same canal corridor. It was either three or four, I'm not sure, I don't recall exactly. The discussion that we've had some elaboration on was the agreement between Olde Florida and Collier County regarding the extension of Vanderbilt Beach Road. And I -- although it's some nearly 20 years ago, I do have some fairly good recollection of that. And that entire agreement was -- became necessary because at the time Olde Florida began its process of entitlement for the golf course areas, it had not yet acquired the legal right to extend Vanderbilt Beach down to its western property line. And that of course was a concern of the county, because obviously you don't want to grant entitlements to a piece of property that cannot be accessed legally. So that agreement came out of that. Obviously at that point in time there was no road constructed. And what we're talking about right now is the property predominantly that runs along the south side of Golf Club of the Everglades, which is immediately west of Olde Florida. We consequently did gain a legal access there through an easement, and the road had to be built to gain access to our property. And Collier County in that agreement required that that road be built to county standards, which we agreed to do. So that agreement had absolutely nothing to do with the extension of Vanderbilt Beach eastward of Olde Florida's west property line. And I can tell you that I was part of those conversations back in those days, and here we sit almost 20 years later saying goodness gracious, why didn't those people anticipate that Vanderbilt Beach Road will be extended to the east? That question I can't answer, but I can tell you we didn't. That issue was never discussed. Everybody that was involved in the process at that point in time presumed that the eastern terminus of Vanderbilt Beach Road was going to be at Olde Florida. None of us contemplated that it would be at some point in time extended eastward from them. Attachment #3 Page 18 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 38 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club As I say, looking back now, one would say gosh, that was not very forward thinking. But how many of us at that point in time expected Golden Gate Estates to begin to build out like it did? How many of us at that time expected advents like Ave Maria? So there were a whole lot of things that occurred afterwards that changed our perspective. But I reiterate, in 1991 there was absolutely no discussion about Vanderbilt Beach Road being extended eastward of our west property line. In today's world, Collier County had some very difficult processes to go through, and now that we know that road must indeed be extended eastward, what alignment to take. And I assure you, and I know you know this, that Collier County looked at that very, very carefully. Olde Florida actually was not the major part of the problem. And the reason I say that is that although two holes, and, it's actually not hole number. two, it's actually holes number eight and nine that would be impacted by that roadway, if it were to go along the north side of the canal. But Olde Florida, fortunately as we're discussing today, had other properties. So in the long term, if that decision had been made, Olde Florida could have cured that problem It would have been expensive, but they could have cured the problem The real problem was really Golf Club of the Everglades next door. That property doesn't have any excess property. And Vanderbilt Beach Road, coming through the southern portion of Golf Club of the Everglades, would have taken all of their hole number nine, a significant part of the required parking, and the entire green for hole number eight. And there was no cure. Because Golf Club of the Everglades has virtually used all of its land. So what the county was looking at is the potential of having to buy the entire golf course, since there was not a cure to repairing the damage that would be caused. And in today's world, there simply is no market for a 16 -hole golf course. So that's the real expense there was not Olde Florida, it was Golf Club of the Everglades. And I will tell you that the county staff determined that keeping the roadway on the north side of the canal, their estimate was that the cost to the county taxpayers would have been $45 million greater than putting it on the south side. We actually contended that number was probably too low. It probably would have been closer to a $60 million number. And that's basically what drove the issue. I would also add to that that if the roadway had been kept on the north side of the canal, in all likelihood they would have also had to take some homes that are existing in the Vanderbilt Country Club. There's a tier of lots and homes immediately adjacent to what is currently Vanderbilt Beach Road that likely would have been in jeopardy. So yes, they would have reduced the number of homes required to be taken on the south side, but then they probably would have had to increase the number of homes taken on the north side. With regard to Mr. Moore's discussion of Richards Road, that road is aligned immediately north of Olde Florida's west property line. And although this hasn't been discussed today, the rezone that we're asking for continues to keep us as a neutral property in the district. And that will require any development to preserve 60 percent of the natural vegetation that exists within the property. We certainly would have no reason not to go on record stating that any easement requirement along our west property line, we would be sure to be included in that property to be preserved, so that that easement would always be available if and when at some point in the future Richards Road is something that the county contemplates building. Attachment #3 Page 19 of 32 Agenda Item No. 88 January 26, 2010 Excerpts from April 2, 2009 Page 39 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club I will tell you, though, that with regard to using that as -- to facilitate drainage for those properties to the north -- and 1711 preface this remark by telling you that I am a registered professional engineer in the State of Florida, And one of my expertises is stormwater management. And I will tell you, that won't work. The flood waters in the canal reach an elevation that currently Olde Florida is directly tied to the Cypress Canal. We have a direct out fall. When we designed it we anticipated that in the event of a 25 -year frequency storm event that Olde Florida would indeed have flooding occur on their golf course. As it's turned out, we have had three of those 25 -year plus events in the last 15 years. And each time it flooded, as we knew it would, as did the property to the north of us, those floods have cost Olde Florida something in excess of $400,000, the collective amount. The one that occurred two years ago, we actually had to shut the golf course down for 30 days because the damage was so severe that -- and we had to resod so much of the property that the golf course was not playable. And fact of the matter is, one should be very, very cautious before making connections to Cypress Canal, for properties to the north of it, because there are rainfall events that could in fact flood properties to the north that would have not otherwise be flooded if the ditches were not in place. One might say, how can that occur? The way that occurs is when the primary rainstorm fall, heaviest rainfall is to the east, which is in the collection basin of the Cypress Canal. When that then comes down the canal and begins to cause flood waters in the canal, those elevations will climb to a point in the canal where they would begin to back up into properties surrounding that canal. Not unlike precisely what we're seeing in North Dakota right now. The Red River that's been threatening Fargo is not because of rainfall that fell on Fargo, it's because of the rainfall that fell upstream from Fargo and is now causing flood events to occur in Fargo. So one needs to be very cautious in starting to make connections, like roadside swales, to properties to the north, because they could cause more problems than they might solve. So those are just some historical events that I wanted to share with you. And if there are any questions, I'd be more than happy to try to answer them. CHAIRMAN STRAIN: Anybody have any questions? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer. COMMISSIONER CARON: If flooding is such an issue out there right now, Mr. Barton, and you've had at least three events here that all surpassed the 25 -year storm event, does it make sense then to be rezoning this property so you can put 110 homes with septic systems out there? MR. BARTON: Well, let me answer that question in two parts: First, the issue of how 110 dwelling units might fit on the property or how they would be designed is a question for another day. And most certainly that process would have to be reviewed under whatever criteria and guidelines we have. What we're asking for here today in the rezone is simply taking a piece of property that currently has virtually zero value, because golf course property in today's world, not only can you not sell it, rm not sure you could give it away, if the only use for it was golf course. We're trying to simply take an asset that has no value and cause it to be an asset that does have some value. _ With regard to whether or not septic tanks would be an appropriate use in that Iocation, I don't know the answer to that. however, my -- pardon me, Florida allergies -- my anticipation is that by the Attachment #3 Page 20 of 32 Agenda Item No. 88 January 26, 2010 Excerpts from April 2, 2009 Page 40 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 139510 Olde Florida Golf Club time the single - family housing market turns around in Collier County to the point that this property would become attractive, the availability of central sanitary sewer is going to be there. It's already to the comer of 951 and Vanderbilt Beach Road. In fact, the new church that was just built there is on central sewer. So we're not that far away. And my expectation is that at that point in time Collier County would require any developer to make that connection, and highly doubtful in my mind that any septic tanks would ever be used on this property. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: On the interchange map, there's a road called Douglas Road. Is that Richards Road? Do they line up together? MR. BARTON: No, sir, I don't think so, I think Richards -- now, Richards does not come down to this property. In fact, there's another out - parcel, it's either 20 acres or 40 acres, north of Olde Florida that currently does not have Richards Road on it, In other words, it comes down and terminates at some parcel north of our property. CHAIRMAN STRAIN: Would it help, I think the Richards Road aligns -- see the red line on the west side of the Olde Florida Golf Club on this map? That's where Richards Road will align with. COMMISSIONER SCHIFFER: Right. And where is -- then looking at this map showing the canal on Vanderbilt Road coming down and then coming back up, they show a road called Douglas Road. So the reason I bring it up, wouldn't that be a logical place for that intersection, such that if they ever did connect that would be a good north -south corridor between Vanderbilt and Immokalee? CHAIRMAN STRAIN: You mean you would take Richards Road -- how would you get there from the -- the terminus of Richards from the south over to Douglas in the north, how would you get there? COMMISSIONER SCHIFFER: Well, the same way we wish -- they were thinking about, you know, back when this originally — you know, we had the east -west access that we didn't take. This would just be at this point in time trying to establish the north - south. But where is Douglas Road is really the question. CHAIRMAN STRAIN: It's right -- look on your left. On the left side of the screen down towards the bottom. COMMISSIONER SCHIFFER- Well, then -- CHAIRMAN STRAIN: See Richards up on top? COMMISSIONER SCHIFFER: So this map we're showing is that this thing is going to transfer -- okay, this is going to transfer well before this property then. MR. BARTON: Yeah, Douglas Road is actually on the west property line of Golf Club of the Everglades. So it's a half mile west of Olde Florida's property. COMMISSIONER SCHIFFER: So if Douglas Road ever did -- or Richards Road ever did come down, it would come down onto your access drive? MR. BARTON: That's correct. COMMISSIONER SCHIFFER: And would they have the ability to access that? MR. BARTON: Yes, they would. The easement there is a public easement. However, there would not be the ability at that intersection to access Vanderbilt Beach Road COMMISSIONER SCHIFFER: They would have to come down to this Douglas Road then. Attachment #3 Page 21 of32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 41 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club MR. BARTON: That's correct. Then they'd have to turn westward and go to Douglas Road in order to access Vanderbilt Beach Road. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Thank you, sir, appreciate your time. MR. BARTON: Thank you. CHAIRMAN STRAIN: Well, John, I think we have a few issues that were discussed I'd like to run by with you before we go into deliberations. You have no problem with the stipulation concerning the Audubon Cooperative Sanctuary Program, that you'll retain that at all times for the golf course subject — and that the property would be subject to the rules of the neutral lands for golf courses. MR. PASSIDOMO: Yes, sir. CHAIRMAN STRAIN: There's no density being provided as a result of this process today, whatever the outcome is. And you agree with that? MR PASSIDOMO: There's no density being provided? CHAIRMAN STRAIN: Right. We're not giving you density today. We're not providing density. This is strictly you're requesting a rezone to neutral. MR. PASSIDOMO: Whatever we're entitled to in the proposed zoning district. CHAIRMAN STRAIN: That's where rm going next. This whole thing has been somewhat of a mystery. You've got a golf course zoned piece of property, it can function as a golf course. You've got a clubhouse; you've got all the amenities that the golf course has. You want to go to neutral lands and still retain the golf course use, obviously. But at some time in the future you're going to do something else. The difference between '91 and now are some of the benefits that you can derive under neutral lands that maybe you couldn't have done under the agricultural zoning as it was in 1991. So the golf course has been kind of like a holding pattern until this change has been suggested here today. It leaves a lot of unknowns in regards to what you're going to do with the property and how the density of that property and how the impacts on that property will affect others. Where you put your houses, how many, the road coming in, how you'll connect to Vanderbilt, all the issues that the county generally is worried about. You have by rights in the neutral area an extensive amount of new uses, including single- family residential, mobile home overlays, dormitories, duplexes, group housing, family care facilities, group care facilities, staff housing, sporting and recreational camps, golf courses and driving ranges. It goes on and on for quite a few uses. And that's -- they're all by right. So I don't -- by right you wouldn't necessarily have to come before a public process. And when Mr. Barton spoke he, you know, said you guys would go by whatever process is in place for -- as you proceeded. Well, there is no process in place except going through staff. Would you have any objection that any changes to your property in regards to uses come back before this Planning Commission for review? MR. PASSIDOMO: After the zoning is in place, sir? CHAIRMAN STRAIN: If you receive the zoning today to go from golf course to neutral, any further increases in changes or density on that property, whether it be through any type of use come back through the public process through the Planning Commission. Attachment #3 Page 22 of 32 Agenda Item No. 8B Excerpts from April 2, 2009 Janua 42 of 1188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club MR. PASSMOMO: Any changes, Mr. Chairman, that increased the density or changed the use, other than what is prescribed in the Land Development Code right now? CHAIRMAN STRAIN: No, other than what is being done today on that property. So if you take advantage of the new uses and the neutral land that you seemingly want to, and since you're not providing us with that scenario today, I'm suggesting that you come back through this process and provide that now -- provide that then at the time you do it. If you want to come back in and put homes and parcels and break it up and subdivide it into parcels, you come back in for the public process in front of this board. MR. PASSIDOMO: Mr. Chairman, we do have to come back obviously administratively to address site development plans or platting. But you're suggesting that rather than have that handled administratively, it be handled by the Planning Commission? CHAIRMAN STRAIN: Well, the staff would still have to review it, but the Planning Commission would have to see it, and you'd have to go through a public process for approval. MR- PASSIDOMO: Mr. Chairman, would it have anything to do with the -- if the question, if the scope of that review relates to platting or site development plan issues, that's one question. If the scope of that review deals with uses, heights, densities and intensities, I think that's another question. Because those are prescribed by the Land Development Code, and they seem to be outside the proper scope of review for the Planning Commission or for the Board of County Commissioners after the zoning is in place. CHAIRMAN STRAIN: Right. you just said the magic words, after the zoning's in place. Is in place. So in order to get it in place -- Mr. Schmitt? MP- SCHMITT: Yeah. For clarification, if any plat comes in, a final plat, as you well know, has to be approved by the Board of County Commissioners. That's on an agenda item and it's approved by the Board of County Commissioners, so it is a public process. Normally it's on a consent agenda. However, in this case if it involves a consent issue or involves an issue that is of interest to the public, certainly we can be directed or the board can pull that item and put it on the regular agenda. Or they can certainly remand that back to the Planning Commission. So I just want to clarify the process so the public understands: It is a public process and it is approved before the Board of County Commissioners. CHAIRMAN STRAIN: And there are -- they are done routinely every week; is that right? MR. SCHMITT: Yes. CHAIRMAN STRAIN: How many have ever been pulled, changed, modified, sent back to this Planning Commission? MR. SCBIY=: None sent back to the Planning Commission. Probably in my time frame here, which is almost seven years, I believe twice we pulled plats onto the regular agenda. CHAIRMAN STRAIN: Well, the problem I have here is I don't think anybody would go into the process that this applicant's here for today without having some idea what they might want to do in the future. We're not being provided with any of that information. We're basically saying we're going to do whatever our rights are allowed for us to do. The rights that come under the standard zoning, if you were to allow -- and zoning is by the way not -- you can't get a rezone, I don't believe, by right. You get a rezone by process. And if there's reasons why this board feels the process isn't appropriate, it may not succeed. But it would help I think a lot of us to get in if we knew that we had some additional review opportunity down the road when you finally wanted to tell us what you intend to do with this property. Attachment #3 Page 23 of 32 Agenda Item No. 813 January 26, 2010 Excerpts from April 2, 2009 Page 43 of 1.88 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club And that's my concern with that issue, and that's why I requested of you, do you have any objection if we were to stipulate that any changes to the uses on this property -- and whether those changes are density, intensity, height or whatever, but use changes on this property beyond the golf course uses come back to this panel for review. MR. PASSIDOMO: Mr. Chairman, I want to be cooperative. I don't want to be elusive, I don't want to be responsive. If the question is rather than through an administrative process we go back to the Planning Commission for site development plan or platting review, that's one question. If that's the question, I'd be happy to consult with my client concerning that issue. Is that — CHAIRMAN STRAIN: Well, if you did -- any change you make on this property -- and staffs going to have to help me here. Is there any way they can make a change without coming in for a plat or a site -- or a site development plan? Na BELLOWS: If you mean can they build a single - family home in there without -- CHAIRMAN STRAIN: Can they build 110 single- family homes in there? MR. BELLOWS: You have to go through the platting process to do more than — MR. SCHMITT: You would have to plat to develop a tract, and then you'd have to come in and probably subdivide that if he's going to build individual homes, single - family homes on one home per five acres or demonstrate that he's in compliance with the code. If he's going to build some kind of multi - family, of course the tract would then come in with a subsequent site development plan, again, demonstrating that he meets the requirements as defined in the rural fringe mixed use development overlay, RMFU, and he would be subject to those review criteria that exist in the LDC. CHAIRMAN STRAIN: See, Joe, if they had come in today with a request to go from golf course to PUD with a site plan laying out the intensities, densities, setbacks, heights, everything else that would affect the surrounding properties, it would have been more complete for us to review. MR. SCHMITT: And I understand that. Certainly understand. CHAIRMAN STRAIN: Basically they want to go into an opportunity to make a lot of changes that may not have been anticipated at the time this was even given its neutral land designation, well enough its conditional -- its whatever, golf course designation back in'91. That all happened years ago. So there's some kind of vesting issue or grandfathering issue already in place. I'm suggesting -- well, first of all, how did this become neutral? Do we even know that? Would it have become a neutral land had they not had the golf course zoning already in place for this property? COMMISSIONER MURRAY: Did you want to talk to him? MR. SCHMITT: Well, the neutral lands are designated as part of the study that — and all the background and the data and analysis as was performed as part of the rural lands process, in this case the rural fringe mixed use district. And that was determined based on existing conditions on the land at that time when it went through the public hearings. Any more than that, you probably have to bring that catcher in, and David and some others to give you some history as to why or how they designated this neutral. But the -- and understanding also, before they go through the platting process, they're going to have to go through the permitting process, meaning through District permitting, South Florida Water Management District, demonstrate water -- all the other districts permitting processes associated with that. Attachment #3 Page 24 of 32 Agenda Item No. 8B nua 26, 210 Excerpts from April 2, 2009 JaPage 44 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club CHAIRMAN STRAIN: I just -- I'm trying to make sure that what happens here in the future we have a better handle on than we have had in the past. And that's why I've asked the applicant if they would accept a public process through the Planning Commission for approval or denial of any uses or changes regarding this property beyond those involving the golf course or the amenities to the golf course. MIL. PASSIDOMO: Mr. Chairman, I think it may confuse the purpose of these proceedings. These proceedings are to establish zoning on the land. CHAIRMAN STRAIN: Mr. Klatzkow? MR. KLATZKOW: You know, when you go through a criteria, Mr. Chairman, there are certain things you have to look at, including does the proposed change adversely influence living conditions. You have no idea what — the information in front of you to make a decision. You've got another one, will the proposed change create a drainage problem. And we've had some testimony on that, and you have no idea. And there are a number of other criteria here that it's very difficult, given the lack of information you have as to what they intend to do with this. But you can make an educated recommendation to the Board of County Commissioners. This is a very unusual request. I don't think I've ever seen a zoning request where they're going from existing golf course use to down -zone, or up -zone, depending on how you look at it, to an agricultural zoning with 110 acres. I don't have an issue if you just make'this a condition. And if they don't like it, they can take it with the Board of County Commissioners when -- that (sic) the board wants to keep that as a condition. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: I don't know whether I should wait until the discussion, but I might just as well say it now. When I was reviewing this, I thought the whole thing was brilliant What a move. And being on the RLSA committee for a year and a half and then again reviewing it here, if this should become neutral land, they do have the right to just automatically build the homes as they want to, 110. And that's the way I read through this whole thing. That's the way it looked and thats the way it smelled. MR. PASSIDOMO: Mr. Chairman, with all due respect, I think Mr, Wolfleys really hit the nail right on the head. This is really a process. It's intended to provide some flexibility so we can respond to market conditions, but it's simply intended to align the zoning of the land with the permitted uses as of right under the future land use designation for rural fringe neutral lands. That's all it does. There's no triggering event here that creates anything that the change in the designation to this land as rural fringe neutral lands didn't anticipate. We know what we're going to do. We'll come back to staff, we'll come back if you'd like to the Planning Commission and we'I come back to the Board of County Commissioners. But at that point in time the only thing we're going to come back with is what we don't have now and that is a site plan or a plat. But at that point in time -- and we'll have to go through permitting. And you don't customarily look at that But you can look at that And I think that the process will be well served by the Planning Commission looking at that. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: 1 agree with the County Attorney's recommendation. His counsel is that we can make it a condition, and so I think that's a good move. CHAIRMAN STRAIN: Okay, thank you. Attachment #3 Page 25 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 45 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club And the next question I have for you, John, is the easement along the west property line. Mr. Barton didn't think that would be a problem, that you would provide through that west property line an easement I mean, up to the county to make sure they can get the easement materialized, assumingly. But that for the -- along the west property line for the Richards Street extension down to Vanderbilt Beach -- down to your public access to Vanderbilt Beach Road. MR.. PASSIDOMO: I think Mr. Barton's going to want to respond to that COMMISSIONER WOLFLEY: Because that's not what he said. MR. PASSIDOMO: It's not designated in the future land use transportation plan. If the county wants to buy it, they can buy it. There's a 60 percent native vegetation requirement. We don't want to do anything to impugn that. But with those introductory remarks, let me just let I& Barton respond to -- CHAIRMAN STRAIN: Maybe I misheard him then. I thought that's -- I thought you said something to that effect MR. BARTON: Let me touch on two points. Interestingly, the reason we are here today is that when we initially zoned this property to golf course, the mixed use development district did not exist. That came after us. Next door, in Golf Club of the Everglades, which developed shortly after we did, but after the District was in place. By seeing the District, they did not rezone their property to golf course; they left it agricultural and simply got a conditional use to put a golf course on it. Had we done this golf course in 1995 instead of 1991, we wouldn't be here today, because we would not have rezoned the property to golf course. We would have left it agriculture, asked for a provisional use, conditional use for golf course, just as Golf Course (sic) of the Everglades did. So really all we're trying to do is get ourselves in about the same position as Golf Club of the Everglades is today. Because they didn't have to have the advantage of knowing the District was going to be formed after they went through the rezoning process. That's one thing I wanted to point out to you. The other is what I said on the road easement for Richards Road is that we would simply agree not to build anything within that corridor, that that would become part of the 60 percent natural vegetation area. So that in the future, if that road -- it makes little sense to me to impose an easement in a location that the county has no plan to build a road, it's not in one single part of the county's plans right now. By the same token, I understand the advantage of leaving the corridor there. We're willing to do that. We're willing not -- to stipulate that that would be part of the -- the other concern I have is that if we grant the easement, all of a sudden there's roughly four acres of land taken out of our property. Now the 60 percent preservation requirement even takes more of the land than it would otherwise. So what I'd like to do is assure you that we won't put anything in that corridor, and then if at some point in the future an easement is needed there, it can be dealt with. CHAIRMAN STRAIN: Thank you for the clarification. COMMISSIONER SCHIFFER: Mark? CHAIRMAN STRAIN: Yes, sir, Mr. Schiffer? COMMISSIONER SCHIFFER: And I think we should do that I mean, they've discussed how when they were building their property they had to negotiate with the people to the west and then never imagined that the owner to the east would ever want to do that with them. So I don't think that showed the forethought necessary. Attachment #3 Page 26 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 46 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club So I think if we do that, let's do that in such a way that it is the width of a good collector road, or whatever maximum road we think, plus some sizeable setbacks so that we don't find them developing in that area again.. CHAIRMAN STRAIN: I agree. And I think something that's changed between 1991 and if you had done this as a conditional use to agriculture in 1995, in '95 if you had done it we may have been further along in some of our master planning of roads in the county, and the extension of Vanderbilt Beach Road would have been left alone on this property. The fact you're coming in today is like a second bite at the apple. Although the Vanderbilt Beach Road extension may be too far down the road to bring into this rezoning issue here today, it's still -- I don't put a lot of argument in the fact that it would have been the same if you had done it in '95. 1 think in '95 we were getting out of some problems we had politically. We might have been a little more sophisticated to a point where we realized that road extension was needed and we might have requested that road alignment or that area be left alone on the south side of this property and save that alignment to go straight across. So I'm not -- I don't still believe we need to make a second mistake in 2009 by letting this go to a free - for -all from golf course to just open neutral and anything goes. I can't -- that I can't go to. So my intention is to make sure that this is -- any uses or changes to this property, other than those involving strictly the golf course and its facilities, would have to come back to the public process to be approved_ Mr. Schmitt? MR SCHMITT: Can I ask for clarification? And from a stand -- we have no process to do that. And I just want to discuss to make sure we understand how to proceed with that, if in fact the board concurs with your recommendation. We have no fees for that, and we would have to -- we could identify what that would cost. It would be similar to undergo this process. Do you want to have the required public notice in regards to advertisement, neighborhood information meeting, those — CHAIRMAN STRAIN: Well, Joe, I would treat it just -- we can't call it a PUD, but I would treat it like a PUD, because that's honestly what this property should be coming in here for today is a PUD. MR. SCHMITT: I just want to make sure we understand so that we proceed and we notice, advertise and do all the other required processes prior to bringing it here so we have clear understanding what your intent is. So I understand what you're saying, it would be treated almost like a rezone again but coming in to review the plat. And I understand. CHAIRMAN STRAIN: Okay, so it would be in the form of a PUD process I believe is what's being suggested. And I'm not sure that's what everybody s suggesting, but that's what — MR. SCHMITT: Okay, I just want to make sure so we understand and we can note that. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: Are you referring to every home at a time? COMMISSIONER SCHIFFER: No. COMMISSIONER CARON: No. right. COMMISSIONER WOLFLEY: I mean, because they could build these over 10, 15 years by COMMISSIONER MURRAY: They'd still have to put in infrastructure. Attachment #3 Page 27 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 47 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club CHAIRMAN STRAIN: You know what? There's a lot to be said for coming in with a master plan well planned out with densities, heights, restrictions and setbacks. If they want to come in 110 times for a PUD process, then let them come in. I think the county would benefit from it because it gets more staff hired because we have plenty of funds then. But anyway, that's kind of what my thought is. Anybody else have any comments during this discussion? (No response.) CHAIRMAN STRAIN: Okay -- MR- PASSIDOMO: Mr. Chairman — CHAIRMAN STRAIN: -- do you have anything, John, you want to add? MR. PASSIDOMO: If I can just close. If I can propose that on three stipulations, and for your considerations, Mr. Chairman. The first is, as we indicated earlier, we will come in with a new traffic impact statement at the time of the SDP or plat, whatever it may happen to be. Following up on Mr. Barton's comments, we'll provide a setback along that western property so that you know that there's sufficient land there to accommodate a public right -of -way if the county wants to have a public right -of -way in that area. And then finally, our proposal for your consideration, Commissioners, is that in order to give some direction to the Planning Commission at a future time, to your staff and ultimately to the Board of County Commissioners, when we come back in for a site development plan or a site plan, or before we build the first house on the property, we have to come back before the Planning Commission and the Board of County Commissioners to have that site plan and that -- and/or that plat approved -- recommended for approval and approved ultimately by the Board of County Commissioners. CHAIRMAN STRAIN: I want to make sure that gets us the coverage that we're looking for. You said if the plat or the SDP. Ray, is there anything they can do without a plat or an SDP on this property? COMMISSIONER WOLFLEY: Yes. MR. BELLOWS: Other than a single- family home one at a time. They don't have to come in for a plat. But once you do three or more units, you have to plat. MR. PASSIDOMO: Mr. Chairman, I'll stipulate that we won't come in for one home without coming through the platting or SDP process. Before we build the first home on the property, we'll come in with an SDP or a plat, and the Board of County Commissioners and the Planning Commission will have the ability to see that. CHAIRMAN STRAIN: Okay. Mr. Schmitt, in reference to the process that would be utilized to make this come through, we would implement the PUD process in regards to advertising fees for whatever else was in place for the review process to come before the boards, and then through the board analysis we could adjust setbacks, heights or anything else that would seem inappropriate. Is that clear? MR- SCHMITT: Yes. And from here it would go to the board, but it would go to the board. Most likely it will also include the final approval process, similar to any plat approval, which certainly you're familiar with. CHAIRMAN STRAIN: Right. Attachment #3 Page 28 of 32 Agenda Item No. 86 January 26, 2010 Excerpts from April 2, 2009 Page 48 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club MR SCHMITT: It would be part of that final approval plat process with a report from the Planning Commission noting what we'd done. So it would be a combination between -- almost Iike a rezoning and a final plat approval when it goes to the board. CHAIRMAN STRAIN: Okay, and if it went to the board under this new process and it had a dissenting vote from the Planning Commission, it would not be on summary agenda then; would it not? MR. SCHMITT: Certainly not. CHAIRMAN STRAIN: Because all your plats are generally on summary agenda. MR. SCHMITT: Right. They would not. CHAIRMAN STRAIN: And it would be an exception in this case. MR. SCHMITT: Right. We'd put it on the regular agenda, absolutely. CHAIRMAN STRAIN: Okay. Well, I think it fairly checks out subject to staffs figuring it out when they come back with a consent agenda. Does anybody else have any comments, questions? Ms. Caron? COMMISSIONER MURRAY: I just want to be -- CHAIRMAN STRAIN: Ms. Caron first, then Mr. Murray. COMMISSIONER MURRAY: Oh, I'm sorry. COMMISSIONER CARON: Was it also your testimony, Mr. Passidomo, that the golf course would not move? MR. PASSIDOMO: There's certainly no contemplation that it will ever move. Did I make a comment as a stipulation that the golf course will never move? COMMISSIONER CARON: Yeah. MR. PASSIDOMO: No. COMMISSIONER CARON: Okay. MR. PASSIDOMO: And frankly, I don't even know really what that could mean or why the public would have an interest in that. COMMISSIONER CARON: No, it was just a statement that had been made and so I wanted to make sure it shouldn't be. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: John, just in clarification, I'm sure you meant this, but when you said we'll provide an easement of sufficient space to make a road there, Richard Road, Richard Street, or whatever it is, right, that's what you said? MR. PASSIDOMO: No, sir. Thank you for asking for clarification, Mr. Murray. What I suggested is that we'll have a setback in that area. The assurance is given that there won't be any structures there. So if the county wants to come in at some later time and actually acquire that property and create a road there, there won't be an impediment to their ability to do so in the form of a setback. COMMISSIONER MURRAY: Okay. And I appreciate that. What I thought I heard, though, Mr. Barton saying he was concerned that he would, by taking what is legitimately I think a standard for a road, you're going to reduce it 60 percent, et cetera, et cetera. But that's okay, you're good with that? MR PASSIDOMO: If it's a setback then were not reducing the native vegetation requirement. I think that's the sensitivity we have. COMMISSIONER MURRAY: Okay. Attachment #3 Page 29 of 32 Agenda Item No. 86 January 26, 2010 Excerpts from April 2, 2009 Page 49 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club CHAIRMAN STRAIN: Anybody else want to comment at this time? (No response.) CHAIRMAN STRAIN: John, are you finished? MR PASSIDOMO: Yes, sir, I am. Thank you very much. CHAIRMAN STRAIN: Thank you. And -- COMMISSIONER CARON: Don't close it. CHAIRMAN STRAIN: Oh, Pm not doing it yet. That's why.I was asking. Ms. Caron? COMMISSIONER CARON: Yeah, I just wanted to ask transportation one last question here. MR. GREEN: Michael Green, Transportation Planning. COMMISSIONER CARON: Looking in your crystal ball, do you see, can you anticipate the need for this north -south Richards Street to become a corridor, an actual road? MR. GREEN: You're digging a trap for me. COMMISSIONER CARON: Yes, I am. MR GREEN: We always try and get interconnections and create a grid. Yes, that would be a benefit. I don't have any tools available to me today in place to provide me the nexus to ask for this under this project. CHAIRMAN STRAIN: But if you had a stipulation that provided you the ability for that easement and you wanted to use it in the future, that would be more advantageous than not. MR. GREEN: That's correct. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Well, I was going to say, the best thing we can do is keep them from building a golf hole where we need it, as the past has given us. MR- GREEN: That's correct. COMMISSIONER CARON: Ora house. CHAIRMAN STRAIN: Okay, anybody else? Anything before I close the public hearing? (No response.) CHAIRMAN STRAIN: Okay, with that, we'll close the public hearing and we'll entertain a motion. But let's have discussion first. There's a lot of things that this project entails, and one of them is the extension of Vanderbilt Beach Road. As much as I hate what we've done with that extension, I don't believe we can find that as a reason to deny this project. However, I think it's good that we had the discussion today and some more information got on the table concerning that. So that set aside, I also, as this whole board has expressed, this has not been a real clear understanding of what they're trying to do here. The information we got is limited and doesn't provide a lot of clarity. So based on that, I suggest that we consider the following stipulations: one is that the golf course always will retain the Audubon Cooperative Sanctuary Program. And once it's rezoned into the neutral land categories, it will come under the rules within the neutral lands for the golf course operations. Number two: There will be no density awarded as a result of today's process. Meaning they may go into the neutral land category, but they don't have any other uses allocated them through Attachment #3 Page 30 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 50 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ- 2008 -AR- 13951, Olde Florida Golf Club today's process, nor are they entitled to them until they come back through the third stipulation, which is: That any uses or changes come back to the Planning Commission and the BCC under this process similar to that of the PUD process for review and approval for all categories that we would look at as though it were a PUD. And number four: That the applicant will not build within the Richards Road corridor or allow — and allow the county to acquire an easement if needed therefore in the future. And those are the four stipulations I think that we talked out here today. Does anybody have anything that they would like to consider adding to it, elaborate on? (No response.) CHAIRMAN STRAIN: Okay, is staff clear on the stipulations? MS. DESELEM: For the record, Kay Deselem. whatI need to know how big of an area you don't want them to build in. The talk was a setback, -- CHAIRMAN STRAIN: It says the Richards Road corridor. Whatever corridor width transportation can provide you with between now and the time we get consent. Unless they know now. MS. DESELEM: I heard John Podczerwinsky say the term 60 feet. CHAIRMAN STRAIN: That sounds logical, because that's I think the minimum standard for the county anyway. So let's leave 60 feet as a minimum corridor. COMMISSIONER SCHIFFER: Well, Mark? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER SCHIFFER: Plus I would like a setback for a building. So why don't we just say 100 feet and make it easy, that they can't build within 100 feet of that property line. That would give them the full right -of -way. It may be set up where they can only have half the right -of -way. And at the time of the review of the public hearing we'd be able to make a smarter decision. CHAIRMAN STRAIN: Okay, I have no problem with that. MS. DESELEM: So you — CHAIRMAN STRAIN: They can't build within 100 feet of the western property line. And the intent of that stipulation is for the fixture, provision to Collier County to acquire that as an easement. MS. DESELEM: Okay. CHAIRMAN STRAIN: Are there any other clarifications you need, Kay? MS. DESELEM: I think I've got it thank you. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Okay, is there a motion from the Planning Commission? COMMISSIONER MURRAY: I'll make the motion. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I would make the motion that the Planning Commission forward Petition RZ- 2008 -AR- 13951, known as Olde Florida Golf Club, Incorporated, with a recommendation of approval, based on the stipulations as offered by the Chair. CHAIRMAN STRAIN: Is there a second? COMMISSIONER WOLFLEY: Second. CHAIRMAN STRAIN: Seconded by Mr. Wolfley. Any further discussion? Attachment #3 Page 31 of 32 Agenda Item No. 8B January 26, 2010 Excerpts from April 2, 2009 Page 51 of 188 Collier County Planning Commission Hearing Minutes For Petition RZ-2008-AR-1 3951 , Oide Florida Golf Club COMMISSIONER CARON: Yes. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I certainly would not have even considered voting for this unless the commitment was made that it come back to us -- COMMISSIONER WOLFLEY: Absolutely. COMMISSIONER CARON: -- a lot closely -- a lot more closely aligned with a PUD process. This is a huge piece of property out there and shouldn't be done to standard zoning. CHAIRMAN STRAIN: And I would agree with you, I would not have voted for it without that stipulation being in place. COMMISSIONER MURRAY: And I too. COMMISSIONER WOLFLEY: Neither would I. CHAIRMAN STRAIN: Okay, any other discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all in favor of the vote, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER KOLFLAT: Aye. COMMISSIONERMIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8 -0. Thank you very much. Appreciate your time. It's now 11:30. Ladies and gentlemen, we have two to go through. COMMISSIONER HOMIAK: 11:20. CHAIRMAN STRAIN: Well, whatever time it is. It's so hard with that clock. I'd just as soon, if its okay with you, we'll keep pushing. We might be able to finish these two .up in short order and not have to take a break for lunch. Is that -- we'll just have to see how it goes for the next half hour or so. COMMISSIONER MURRAY: Okay, move to approve. Attachment #3 Page 32 of 32 Agenda Item No. 8B January 26, 2010 Page 52 of 188 AGENDA ITEM 9 -C Co . er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 2, 2009 SUBJECT: PETITION: RZ- 2008 -AR- 13951, OLDE FLORIDA GOLF CLUB, INC. PROPERTY OWNER/AGENTS: Owner: OIde Florida Golf Club, Inc. 9405 Vanderbilt Beach Rd Ext. Naples, FL 34120 Agents: Margaret C. Peary AICP Senior Project Planner Wilson Miller 3200 Bailey Lane, Suite 200 Naples, FL 34105 RE' OUESTED ACTION: John Passidomo, Esquire Cheffy Passidomo 821 5th Ave. South Naples, FL 34102 The petitioner wishes to rezone 553.671 acres from the Golf Course (GC) zoning district to the Agriculture (A) Zoning District for a project known as the Olde Florida Golf Club. GEOGRAPHIC _LOCATION: The subject property is located on the Vanderbilt Beach Road Extension, approximately 2 miles east of the Vanderbilt Beach Road (CR 862) and Collier Boulevard (CR 951) intersection, in Section 31, Township 48 South, Range 27 Past, Collier County, Florida. (See illustration on following page) RZ- 2008 -AR -93951 Olde Florida Golf Club Page 1 of 14 Revised (2) 3/17/09 Attachment #4 l AA � arx v iw� i y A T- 'if ' °p`s511i�a:^;a�'h A rtBY Mom r �� ' .fl! p$9 a tAY ao yytl� 3 g C C 8 A 4 9 e R 9 999 Z Z Qan tNL K z O F- w a arx v iw� i ao yytl� 3 g C C 9 999 A c° �s all $9 d # 9 3 Z Z Qan tNL K z O F- w a Agenda Item No. 8B January 26, 2010 Page 54 of 188 PURPOSE/DESCRIPTION OF PROJECT: As described in the narrative statement included in the application, the petitioner proposes to rezone the subject site to Agriculture to allow "for a broader range of uses" and to provide a "greater flexibility for the land owner by allowing agriculture, golf course, single - family dwelling units and other uses by right, in accordance with the FLUE [Future Land Use Element of the Growth Management Plan] and the Land Development Code." Given the GMP FLUE designation, up to 110 dwelling units could be developed on site. The petitioner's agent states in the Traffic Impact Statement (TIS) that, `The proposed rezone intends to preserve the existing 18- hole golf course and permit the addition of up to 110 single family homes." The subject property was rezoned from the Rural Agricultural Zoning District to the Golf Course (GC) Zoning District with the approval of Ordinance Number 91 -16 on February 12, 1991 (Petition Number R- 90 -23). As part of that rezoning action, an agreement was entered into by the petitioner wherein certain improvements would be required as part of site development approval. Most of the improvements or conditions are reiterations of site development plan requirements. Subsequent to that rezoning approval, the site was developed with an eighteen -hole golf course and its supporting facilities. It should be noted that the proposed rezone back to the Rural Agricultural Zoning District utilized the "conventional or standard" rezoning procedure that does not require a master plan to be submitted as would be required if the property was rezoned to a PUD. However, the boundary survey provided with the petition indicates there is a large conservation easement over lands in the northeastern portion of the site. Site development issues will be addressed as pact of any future development approvals that may be sought should the rezone be approved. Similarly, deviations from the Land Development Code (LDC) cannot be sought as part of this rezone petition; any subsequent development would need to be in compliance with all federal, state and local development regulations unless variances are sought and approved through the appropriate procedure in effect at the tune. SURROUNDING LAND USE AND ZONING: North: A mixture of five, ten and twenty -acre tracts, most of which are either used for agriculturally (several tracts have single - family home also) or are undeveloped, all of which have a zoning designation of Agricultural with a mobile home overlay (A- MHO) East: Eight, 10 -acre tracts and an 80 -acre tract, all of which are undeveloped and under one ownership, with a zoning designation of Agricultural with a mobile home overlay (A -MHO) South: scattered single - family homes, zoned Estates (E) West: Golf Club of the Everglades, a 260 -acre golf course, zoned Agricultural (A) with Conditional Use approval for a golf course granted in Resolution Number 99 -61 RZ- 2008 -AR -13951 Olde Florida Golf Club Page 2 of 14 Revised 3117/09 Agenda Item No. 8B January 26, 2010 Page 55 of 188 Aerial Photo GROWTH MANAGEMENT PLAN (GNP) CONSISTENCY: Future Land Use Element (FLUE): The Old Florida Golf Club property lies within the Agricultural /Rural Designation, Rural Fringe Mixed Use District (RFMUD), Neutral Lands, as depicted on Collier County's Future Land Use Map (FLUM). Golf courses and single - family residential units are allowed by tight in the Neutral Lands designated areas. The 18 -hole golf course, its clubhouse and maintenance facilities occupy the developed portions of the subject property. An existing conservation area comprising approximately 51 acres will remain unchanged The County's Transfer of Development Rights (TDR) program provisions were not applicable at the time of Olde Florida original approval. TDR program provisions apply only to extent that they prohibit the transfer of development rights into or out of Neutral Lands. The Olde Florida development will utilize only the base density entitlements generated by developing property located in Neutral Lands. RZ- 2008 -AR -13951 Olde Florida Golf Club Revised 3/17/09 Page 3 of 14 Agenda Item No. 8B January 26, 2010 Page 56 of 188 The Collier County Future Land Use Element (FLUE) and Land Development Code (LDC) contain specific requirements applicable to new development within Neutral Lands. Certain requirements pertain to residential development. These items are discussed below. In the following review, FLUE and other GMP provisions are shown in italics, while staff analysis and commentary is provided in normal type. Neutral Lands: Neutral Lands have been identified for limited semi -rural residential development Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher, habitat values, than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. A lower maximum gross density is prescribed for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses permitted within Receiving Lands are not authorized in Neutral Lands. Within Neutral Lands, the following standards shall apply: h4axincum Density: I dwelling unit per 5 gross acres (0.2 units per acre). Maximum density: There are 553.6 acres in the Olde Florida property, which would allow a maximum density of t 10 dwelling units. 2. Clustering: Clustering of residential development is allowed and encow•aged. Where clustered development is employed, it shall be in accordance will: the following provisions: a) If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub - elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. b) The maximum lot size is one acre. c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. d) The minimum project size shall beat least 40 acres. The amount of detailed development information necessary to address provisions (a) through (c) above is absent as this is a standard rezone petition, The specifics of these provisions may be addressed fully at the time a subdivision plat is submitted for review. Olde Florida is a 553.6 acre development and meets the minimum project size requirement. 3. Allowable Uses: Agricultural uses; Single fancily residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists, Multi;fandly residential structures; Dormitories, duplexes and other types ofstaffhoushcg, as may be incidental to, and in support Of conservation uses; Group housing; Staff housing as may be incidental to, and in support of safety service facilities and essential services; Farm labor housing; Sporting and Recreational camps; Essential services; Golf courses or driving ranges; Zoos, aquariums, botanical gardens, or other similar uses; Public educational plants and ancillary plants; Facilities for the collection, transfer, processing and reduction of solid waste; Community facilities, such as, places of worship, RZ- 2008 -AR -13951 Olde Florida Golf Club Page 4 of 14 Revised 3117/09 Agenda Item No. 813 January 26, 2010 Page 57 of 188 childcare facilities, cemeteries, social and fraternal organizations; Sports instructional schools and camps; Eardantining oil extraction and related processing; Parks, open space, and recreational uses; and Private schools. Golf courses or driving ranges are subject to the following standards: (1) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program and the Florida Department of Environmental Protection, (2) In order to prevent the contamination of soil, surface water and ground water by tho materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (3) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount offertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control varlous pests; (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Coarse Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (4) To ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture- sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. (b) As available, golf courses shall utilize heated effluent reuse water consistent with Sanitary Server Sub - Element Objective 1.4 and its policies; (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75 percent of the trees and 50 percent of the shrubs be freeze- tolerant native Floridian species. At least 75 percent of the required native trees and shrubs shall also be drought tolerant species. (5) Storrnwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip - rapped walls shall be limited to 25 percent of the shoreline. Credits to the site RZ- 2008 -AR -13951 Olde Florida Golf Club Page 5 of 14 Revised 3[17/09 Agenda Item No. 8B January 26, 2010 Page 58 of 188 preservation area requirements, on an acre -to -acre basis, shall be given for Iittoral shelves that exceed these littoral shelf area requirements. (6) Site preservation and native vegetation retention requirements shall be the same as those set forth in the Rural Fringe Mixed Use District criteria. Site preservation areas are intended to provide habitat functions and shall meet !minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year, Based on FLUE provisions for golf courses in the RFMUD, requirements specify they shall be designed, constructed and managed in accordance with Audubon's Signature program. The Olde Florida Golf Course however, was designed and constructed before the RFMUD was created and before Audubon Signature program certification was required. Audubon's Signature program is available only to newly proposed projects, including golf courses in the design or development stages. Audubon's Cooperative Sanctuary Program (ACSP) is the alternative program available to existing golf courses like Olde Florida, Both the Signature and the Sanctuary programs are characterized as education and certification programs, and the two embrace significantly similar land management and natural resource conservation practices. Both include comprehensive management programs. Primary differences between the two programs involve not the land management or conservation practices themselves, but whether verification of ongoing program participation and compliance are conducted with on- site Audubon - certified visits or by submitting documentation to Audubon International — and the associated costs for doing so. 4. Native vegetation and preservation requirements: Native vegetation shall be preserved as set forth in CCME Policy 61.2. The petitioner has indicated that the existing 51 -acre conservation area will be incorporated into the required preservation area. Strict compliance with CCME Goals, Objectives and Policies will be determined as part of any subsequent development order reviews. 5. Density Blending shall be permitted subject to the provisions set forth in the Density Rating System. No density blending is proposed for the subject property. In reviewing for compliance with FLUE Objective 7 and subsequent Policies regarding Smart Growth principles derived from the Toward Better Placeg, Community Character Plan for Collier County staff provides the following analysis. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The project has direct access to Vanderbilt Beach Road extension, a collector road. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 6 of 14 Revised 3/17109 Agenda Item No. 8B January 26, 2010 Page 59 of 188 Policy R 2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals Policy 7.3 All neiv and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The amount of detailed development information necessary to address these Policies is absent as this is a standard rezone petition. The specifics of these Policies shall be addressed fully at the time of SDP or a subdivision plat is submitted for review. Based on the above analysis, staff concludes that the rezone may be deemed consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement MS) and has determined that the roadway network has sufficient capacity to accommodate this 110 -unit project within the 5 -year planning period. Vanderbilt Beach Road impacts: The first concurrency link that is impacted by this project is Link 113, Vanderbilt Beach Road East of CR -951. The project generates 52 PM peak hour, peak direction trips on this link, which represents a 6.8 percent (significant) impact on this roadway. This segment of Vanderbilt Beach Road is currently in the right -of -way acquisition process to accommodate a planned expansion beginning outside the five year capital improvement plan. The remaining capacity and Level of Service are not currently reflected in the adopted 2008 AUIR. Please note that portions of the project's access along Vanderbilt Beach Road are held in private ownership and are granted via casements as shown on the Access Management Plan included in the application. No subsequent links of Vanderbilt Beach Road are significantly impacted. County Road 951 Impacts: No subsequent links of County Road 951 are significantly impacted in the Peak Direction during PM Peak Hour. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Environmental Element: There are no CCME issues for this petition as part of the rezone action. All Environmental Impact Study (EIS) , wetland and preservation issues will be addressed as part of any subsequent development order review. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and has reviewed the criteria on which a determination must be based. These criteria are specifically noted in Section 10.03.05.H. of the LDC. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are _ completed as part of the Zoning and Land Development Review provided below. RL 2008 -AR -13951 Olde Florida Golf Club Page 7 of 14 Revised 3/17109 Agenda Item No. 8B January 26, 2010 Page 60 of 188 Transportation Review: Transportation Department Staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning staff can recommend approval of this project. Environmental Review. Enviromnental Review staff has reviewed this petition, and recommends approval, The Environmental Advisory Council (EAC) did not review this petition, and an Environmental Impact Study (EIS) was not required because a conventional rezone does not require a site plan. An EIS will need to be provided with any subsequent development order approvals that may be sought if the rezoning is approved. Preservation areas will be addressed as part of development order review. Wetland line(s) will have to be verified and approved by the SPWMD prior to completion of next development order. Utilities Review: Public utilities staff has reviewed this petition and has no objection. According to the current 2008 Water and Wastewater Master Plan Updates, the project location is within the Collier County Water - Sewer District Service Area. Per GIS, there is an existing 10 -inch water main on Vanderbilt Beach Road Extension. GIS does not show that the County owns sewer utilities in the right -of -way contiguous to this development. Since the project site is not presently serviced with centrally provided sewer, the project will need to utilize a septic system until central sewer is available. This project is located in the zone of the existing North Hawthorn Wellfield of the North County Regional Water Treatment Plant. The rules and regulations for protection of wellfrelds will need to be followed. All well sites and pipeline easements located on and close to this project will need to be shown on all future site development plans, PPL or any other site plan applications. Zonine and Land Develonntent Revleivs: Zoning staff has reviewed this petition and concurs with the findings of Comprehensive Planning. The proposed rezone and use is found to be consistent with the GMP. In addition, the proposed project will meet the Agricultural Zoning District criteria. According to LDC Section 2,03.01, the purpose and intent of the rural agricultural district is to provide: ....lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses_ Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the ftture land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maxiniun: density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural /rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 8 of 14 Revised 3117/09 Agenda Item No. 8B January 26, 2010 Page 61 of 188 As noted on page 2, the petitioner is seeking this rezone to allow agricultural uses as well as single- family dwellings and golf courses and other uses by right. The proposed intent of the rezone appears to be in agreement with the purpose and intent of the Agricultural zoning district and the list of uses permitted within it because the RFMUD- Neutral designation allows these uses by right. That designation is an overlay district which supersedes the limitations of the Agricultural zoning designation to allow additional uses (tile golf course use) that would otherwise require conditional use approval in a non RPMUD- Neutral GMP land use designation. The subject property is surrounded by agricultural zoning on three sides —north, east and west. To the north and east the lands are either undeveloped or used for agricultural activities. To the west is a golf course. To the south is the proposed Vanderbilt Beach Road Extension and then single family houses within the Estates zoning district. If the rezoning is approved, the developer will be required to provide the minimum landscape buffers as provided for in the LDC in effect when future development is sought. At the present time, residential zoning or uses that abut agricultural zoning or uses would be required to provide a Type A buffer, which is a 10 -foot wide landscape buffer with trees spaced no more than 30 feet on center. As indicated in the GMP discussion of this staff report the 553.6 acres in the subject site would allow a maximum density of 110 dwelling units. Excerpts from Lot Design Requirements for Principal Uses (LDC Section 4.02.01,A) On feet, unless otherwise noted] Zoning Front Yard Side Rear Lot Area Lot Floor Area of Buildings District Yard Yard (sq ft) Width (sq. ft.) GC None None None None ' fJopei —None' All numbers shown are the required minimum amounts Maximum Building Height of 36 feet is the same in both districts LDC Subsection 10.03.05.1.2 states, "When pertaining to the rezoning of ]acrd, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." [Staff's responses to these criteria are provided in non - italicized font]: Rezone Findings: 1. A'liedrer the proposed change Mill be consistent with the goals, objectives, and policies and future land use snap trod the elements of the GMP. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 9 of 14 Revised (2) 3/17/09 Agenda Item No. 8B January 26, 2010 Page 62 of 188 As noted in the GMP Consistency portion of this report, the proposed uses and development standards would generally further the goals and objectives of the FLUE and the applicable portions of the CCME and the Transportation Element. Therefore, staff recormnends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by agriculturally zoned and used lands to the north and east; agriculturally zoned lands uses as a golf course to the west; and the Vanderbilt Beach Road Extension then Estates zoned lands with residential uses to the south. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed rezoning would not create an isolated zoning district because, as noted above the parcel is surrounded by agricultural zoning on three sides. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed zoning boundaries follow the property ownership boundaries. The location map on page two of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; it is being requested in compliance with the LDC provisions to seek such changes. The proposed zoning change is appropriate because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed rezone is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. If the 110 dwelling units are developed on site, the LDC required buffers and development standards should ensure that any future residential development is compatible with the neighborhood. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 10 of 14 Revised 3117/09 Agenda Item No. 813 January 26, 2010 Page 63 of 188 The proposed change will not create or excessively increase traffic congestion over the amount currently generated under the CO zoning. However, the surrounding property owners may perceive the rezone to the Agriculture Zoning District to allow additional dwelling units to be constructed as adversely impact traffic flow on the local streets. Since the transportation analysis does not indicate that the traffic generated by this project would be considered excessive, staff does not believe the additional traffic would be considered incompatible. & Whether the proposed change will create a drainage problem. The development that the rezoning could allow should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards as part of the local development order process that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. 9, Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas since projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Since the proposed change is deemed to be consistent with the GMP and LDC, staff is of the opinion that property values should not be adversely affected. This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a manner comparable to the surrounding developments. 11. Whether the proposed change will be a'deterr•ent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already partially developed as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed rezone should not be a deterrent to the improvement of adjacent properties. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 11 of 14 Revised 3/17/09 Agenda Item No. 8B January 26, 2010 Page 64 of 188 12, nether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whetter there are substantial reasons why the property cannot be used in accordance with existing zoning. There is no reason the property could not be used in accordance with existing zoning. Any petition for a change in land use is reviewed for in compliance with the GMP and the LDC with the Boatel of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed development complies with the GMP requirements for the uses proposed and density would not be allowed to exceed the GMP allowances. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout Collier County. Staff is of the opinion that the zoning district will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review outer sites in conjunction with a specific petition. 16 The physical characteristics of'the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the proposed zoning district would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 12 of 14 Revised 3/17/09 Agenda Item No. 8B January 26, 2010 Page 65 of 188 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons have concluded that no Level of Service will be adversely impacted. 18. Such other factors, standw ds, or criteria that the Board of County Commissioners shall deep: important in the protection of the public health safety and welfare. To be determined by the BCC during its advertised public hearing. Based upon the above analysis, staff is of the opinion that the proposed change to the Agricultural Zoning District is not anticipated to have an adverse effect upon the surrounding area. NEIGHBORHOOD INFORMATION MEETING (NIM1: The meeting was duly noticed by the applicant and held on February 19, 2009 at 5:30 p.m. at the Golden Gate Estates Library. Five people from the public attended, as well as the applicant's team (Margaret Perry, Jeff Perry and Tom Trettis of WilsonMiller, Inc. and Bill Barton and Tom Wildenhaus from Olde Florida Golf Club) and county staff. Ms. Perry presented an overview of the requested Rezone their client is seeking. Ms, Perry explained that by rezoning the property from its current Zoning of Golf Course to Agriculture this would allow the property owner more uses, such as single family homes. There was no opposition to the rezone, but the following comments were made by those in attendance. One resident wanted to know where the access to the property would be. The petitioner responded that it would be in the same place as it is today; no change is proposed. The same resident wanted clarification that no commercial uses could be built with this rezone, and the petitioner assured him that commercial use is not an approved use under agriculture or in the Rural Fringe Neutral Area and that in order to allow commercial uses, a Growth Management Plan Amendment would be required. Several residents asked if there were any plans to remove the golf course. The property owner stated that he intends to keep the current golf course intact. A discussion also occurred regarding the alignment of the Vanderbilt Beach Road Extension. STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition RZ- 2008 -AR -13951 to the Board of County Commissioners (BCC). RZ- 2008 -AR -13951 Olde Florida Golf Club Page 13 of 14 Revised 3/17109 Agenda Item No. 813 January 26, 2010 Page 66 of 188 PREPARED BY: KA SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: a] il a A (1(0 v;) HEIDI AgSHTON -CICKO DATE CHIEF ASSISTANT COUNTY ATTORNEY RAYMM0 D V. BELLO S, ZONING MANAGER ATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW SUSAN MURRAY ISTENES, AICP, DIRECTOR DA DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: c x /= ,7 J S ) YE K. M V O 'tH ITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 9, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: mov� A�W MARK r. STRAIN, CHAIRMAN RZ- 2008 -AR -13951 Olde Florida Golf Club Revised 3/12109 DATE Page 14 of 14 Agenda Item No. 813 January 26, 2010 Page 67 of 188 Ordinance with ORIGINAL CCPC stipulations (from 4/2/09 CCPC hearing) ORDINANCE NO. 09- 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GOLF COURSE (GC) ZONING DISTRICT TO AN AGRICULTURE (A) ZONING DISTRICT FOR THE PROJECT KNOWN AS OLDE FLORIDA GOLF CLUB, LOCATED AT 9405 VANDERBILT BEACH ROAD EXTENSION, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 554 + /- ACRES; PROVIDING FOR REPEAL OF ORDINANCE 91 -16; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Margaret C. Perry, AICP, of WilsonMiller, Inc., and John Passidomo, Esq., representing Olde Florida Golf Club, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Section 31, Township 48 South, Range 27 East, Collier County, Florida, is changed from a Golf Course (GC) Zoning District to an Agriculture (A) Zoning District for a 554 + /- acre project known as Olde Florida Golf Club. The appropriate zoning atlas map or maps, as described in Ordinance Ntunber 2004.41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly, subject to the stipulations, attached hereto as Exhibit B and agreed to by Olde Florida. Golf Club, Ina. The stipulations shall also be binding on the successors and assigns of Olde Florida Golf Club, Inc. Olde PL Golf 2008 -AR -13951 rev. 4/09109 Attachment #5 t Agenda Item No. 8B January 26, 2010 Page 68 of 188 SECTION TWO: Ordinance 91 -16 is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of state. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney By: DONNA FIALA, Chairman Attachments: Exhibit A— Legal Description Exhibit B - Stipulations 08- c?"090ws Olde FL GoIF2008-AR-13951 rev. 4109109 2 Agenda Item No. 8B January 26, 2010 Page 69 of 188 ORB 9948 Ps 1420 DOROTHY H. WiLKENt CLERK PG siUT'is FL EXHIBIT "A" All of Section 31, Township 48 South, Range 27 East, less the East half of the Northeast quatlar thereof, Collier County, Florida, And Lesw AN that pert or Section 31. Towmhlp 41 South, Range 27 Sast, Celle( County, Flalda, Drina mar. Mkwluly dualbed a follows= OEOiNNINO at the;m0hwat corner of Seclton 31.'fowmhip 41 South, Rmp 17 Euq thence &long the waft 1104 o( UM SaYlon 31. Nonh ovo9'14- Wert 171.66 fear, theme lavlag taut wall line Noah 11'30'36- But 177.99 fact: throve South 0111111 3.77'40' dart 1074.79 feel; theme Noah 127/'311• 50 19042 ha; then" North 74.74'44• Wen 439.14 feet; " theme Nath 19.39136• West $35.03 tort' thence Noah 4772'40• West 724.00 fSe1 ✓ct'�. theme North 29'17134• Wen q337 t.�,Y6�f them: Nonh 06.47'21• West 2 Lobe" thenev North is•no12• Rau 1 , n theme mime Souat 06'43'54• ,J7 feat; tbem: =Wth 41'21'25' 7 fed; e Olt"" South 09'23'39` 41, ci than" South 60.56'19' Bea .9 theme South 16.10'30' East I , thane South 63'47'33' SW 101. _- <� then" South 6t•42'19' Eat 160.73 (1 8 C3.���/ thence south 31.09'20' Bat 2/6.90 h«;`�- _._ theme South 17.0146' Eat 133.69 hot. Mena South 03.30'20' Bat 174.19 tat; theme South 366221190 &u 11.39 fee; theme South 01.76'39• West 193.59 tea; theme South 10'43'36' West 37.31 fee; themes Honk 19.21'33• Eat 132.49 Ra; thence South 00'36'07• Had 6m.71 (W. memo norm a, -eo-W- Ran 131917 feet to a polal on the eat 114 owner of esld Section 31; then" Along the ea&l Ilse or aid Section )1, South 0079'23• Hat 165243 rata the soulhaat atna of saw Section $I; thence &long the South nm of t;hl Sectlon 31, South 8773'31• West 5136.ot tat to he point or 11egle4141 of 0w parcel haein de erlbed; "ni&lning 2S4.14 arts male at leas; subjea to euementt no restrictions or record; borings m hued on the south 0m of ;dd StrOon 3I, being South 57'55'34' Wat. IieWn;''.f.; . ?;e:�96.: +dluuc:ment rerowtld. Page 1 of 2 alb aM Q1! •J' O tV w M a0 tl 1864 000842 WILSON, MILLBR, BARTON a$ PB11A WK PAN 6nd+bw. Pl Wwl,dwwim, LanX)up Apbbbw, 9laNMm,MdgN0.A C'gN1111,XY Na1Sm WW,MYMYW CpNFlggib IW 00IIwYNY,q WI, XgIggM/,NX1rp10q,1411tlP1XY11111 DuuleBU, Yf010 Pig11GU Oa rClub Flaw Willpul q /8wbe 71,TxwuNP II bquh, a6s b7 Buy CYBI. Cw47, Plallb Towable a hwo.. Rngn 77 But, CPfllw Cully, Plulda, Was mqn WILYDN, MILUR, Na halts Wue ,nOxntw MN Na Wallgnd', aal. W.D, ISM BLO 0.1097 (B&bjq )WlBTT °X' Dale: Auem027, l"ll (gk��hlAYbp)M 9nalpp(alaHle 1111 yXll 1.0 1hl"'a Pu11X 1�aa1411 Page 2 of 2 YaaJa .1, w.11 let 4,011141,1 W.41M CRI LX =1147, AW10h 0X1016 I. 61100¢, 6LM Agenda Item No. 8B January 26, 2010 Page 70 of 188 Agenda Item No. 8B January 26, 2010 Page 71 of 188 EXHIBIT B Stipulad s 1. The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan, 2. No density has been awarded by virtue of approval of this rezone. 3. Any uses or changes shall be brought back to the Collier County Planning Commission in the form of a Planned Unit Development process for review and approval of all categories as if it were a Planned Unit Development. 4. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future, e Item No. 8B Ordinance with REVIS fta1ztlDns Page 72 of 188 ORDINANCE NO. 10- 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GOLF COURSE (GC) ZONING DISTRICT TO AN AGRICULTURE (A) ZONING DISTRICT FOR THE PROJECT KNOWN AS OLDE FLORIDA GOLF CLUB, LOCATED AT 9405 VANDERBILT BEACH ROAD EXTENSION, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 554 + /- ACRES; PROVIDING FOR REPEAL OF ORDINANCE 91 -16; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Margaret C. Perry, AICP, of WilsonMiller, Inc., and John Passidomo, Esq., representing Olde Florida Golf Club, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SSECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Section 31, Township 48 South, Range 27 East, Collier County, Florida, is changed from a Golf Course (GC) Zoning District to an Agriculture (A) Zoning District for a 554 + /- acre project known as Olde Florida Golf Club. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly, subject to the stipulations, attached hereto as Exhibit B and agreed to by Olde Florida Golf Club, Inc. The stipulations shall also be binding on the successors and assigns of Olde Florida Golf Club, Inc. Oide FL Golf 2008 -AR -13951 Rev. 1028/09 1 Attachment #6 Agenda Item No. 88 January 26, 2010 Page 73 of 188 SECTION TWO: Ordinance 91 -16 is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2010. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 Heidi Ashton -Cicko Asst. County Attorney, Land Use Section Chief Attachments: Exhibit A — Legal Description Exhibit B — Stipulations 08- CPS - 00902/33 HFAC 10128/09 Olde FL Golf 2008 -AR -13951 Rev. 10/28/09 N , Chairman Agenda Item No. 813 January 26,M10 Page 74 of 188 ORB 5 `48 Pe 1420 DOROTHY H. WILKENl CLERK PE �;%IUNT't't FL EXHIBIT "A" All of Section 31, Township 48 South, Range 27 East, less the East half of the Northeast quarter thereof, Collier County, Florida, And Less: All that pun of Section 31, Townehlp 41 South, Itanle 77 Eul, Collier County, Fiorlds, being more pantculuiy described es follows; a60INNINO at the s "uhWorl eornar of Seaton 31.'fownthip 48 South, Range 27 Ent; theme &long the Was Ilm of said Seebn 3I, Noah 01.09'24' West 171.66 fee(; thence Iesvlmg a1d West Ilse North 88.50'36' Ent 127,49 fear, thence North 61.11'27' Fief 312.23 het; thence South 13.37'40' Ent 1074.79 feet; thane Nonh 12'31'39' East MS2 fact; thence North 74.3444' Wen 439.14 fed; thane Nam 19.59'36• West 531.03 reel.. ' Weave Noah 47.32'40' Wen 324.00 F ...j R T r�„ thence North 29'27'34' WW *131.4 t• { V thence North 06.4711' West 2 thence North 15.09'12' flax- theme North 041!0'41' W too: therm North thence North 22.10'09'• S Wens North ]2.24'3!' gas 1.83 fact; hemr Noah 07.23.02• e thence North 24130.7; 8th 0 ; thence m"6 63.03.47 Ent 1. r theme South 6074149' 6 L_ theme sown 6975'20' aer Wens South 66.4514• ,57 feet; 1 , theme South 41921W* . 1 het, theme Shut* 00023190 . 4 tea; theme South 6005619' Eau thence South 86.1030' Ent ; `fir theme• South 63947711• Uld 101. t� thence Sow* 61.4219' Eau 160.73 thence South !1.09'20' Ewe 246.90 het;�� -_= r thence South 17.01146' Ease 131,69 feet; thence South 05.3010' Eax 174.19 feet, thence South 3672'19' End 15.39 fed; thence South 01929,39• West 193.59 her theme South 20'43'56' Wen 57,31 fact; therm North 89.21'33' Box 132.49 fed; therm South 00031'074 Ease 600.73 fed; thence North 87.40'00' Hatt 1319.77 fed to a point on the ax 114 canner of said Section 31•, theme along the am tlas of aid Section 31, South 00'39'17' Ent 2682,33 feet to the southeast corner of call Sexton 31; theme along the south line of uld Seaton 31, South 17.33'34' W at 3136.08 fast to the Point of ftlnring at the pared berth described; entalning 254,84 ales snore it Ices; tabled to easements end restrictions of record: haulage are hued an the south fnnr of sold Section 31, being South 1171SS14' War. EXHIBIT 1�. -j! downtent ...� BLrd r8Cew20. 16 ant at N .oft wy C.i e-+ eft .trft be w Page 75 of 188 • I 1804 000842 PnEi W"Zaloll "OO" Mb Ph. I W.9 v.ts d.31, T.Wp4l"A . 27 W. Coll]. C%RKY. FI.M- I All 43 S.*, R.". 27 E L CeIfi, C.M, Fl.dd.. blin .10 .mv prsviwii. VowdRlp ; s-ER, Rays v Eu' Id SwER. 11. REM 01- 00'34' Wul 171.66 (01: WILSON, MILLER. BARTON & PftFJVMO,, By ..4.d 91 .pa31TOAT W Valid .e111 wbucNi -IW Ih- ProI-d 'a —I- W.O. IN EXHIBIT -An Itch 4WD" ("'kill) CAR AV3111121,103 .~.p 00777q A EXHIBIT" 'Ate- ro COLLIER =Nfy- (Lolo' OWIM E. &%SCJL. CLERK 00777q A EXHIBIT" ro Agenda Item No. 813 January 26, 2010 Page 76 of 188 EXHIBIT B Stipulations The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. -2 . .- .. 4. 2. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future. Agenda Item No. 813 NEW DIRECTIONS IN PLANNING, DESIGN d& ENGINEERING. SINCE 1956, January 26, 2010 Page 77 of 188 wilsonMiiler® RZ- 2008 -AR -13951 REV: 4 OLDE FLORIDA GOLF CLUB August 20, 2009 project: 2008100005 Date: 8 /20/09 DUE: 9/18/09 Ms. Kay Deselem, AICP Principal Planner Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 RE: RZ- 2008 -AR- 13951, Oide Florida Golf Club Dear Ms Deselem: The above- referenced petition was previously reviewed by staff and was forwarded to the CCPC with a recommendation of approval. The CCPC considered this petition at their April 2, 2009 meeting and recommended approval; however, the conditions of approval associated with the petition were somewhat confusing. After the CCPC action, our team coordinated with various County staff including Joe Schmitt, Susan Istenes, Ray Bellows, Jeff Klatzkow, and you, and also with Mark Strain in an effort to arrive at an agreeable solution and to address the stipulations of approval by the CCPC. A conceptual rezone master plan has been prepared _ which we believe will address the issues raised by the CCPC and will hopefully be endorsed by them. We are also hoping the CCPC will agree to the removal of stipulations 2 and 3. Enclosed with this submittal are nine copies of the following: • This cover letter • Conceptual Rezone Master Plan (24 x 36 and 11 x 17) • Original CCPC conditions of approval We understand that you will distribute this information to County staff for review and that they will have 30 days to provide you with any comments. After this submittal has been deemed sufficient, hearings will then be scheduled before the CCPC and the BCC. It is the responsibility of our client to cover the advertising costs for the CCPC hearing and for the postage for property owner notification letters for the CCPC hearing, and per your direction, a check in the amount of $2,624 is included with this submittal. Thank you for your continued assistance in processing this rezone application. We look forward to continued coordination and cooperation. Sincerely, Marge et Perry, AICr"V Regional Manager, Senior Associate cc: Bill Barton, Olde Florida Golf Club Jeff Perry, WiisonMiiler, Inc. John Passidomo, Cheffy, Passidomo Tom Trettis, WilsonMilier, Inc. David Hurst WilsonMiller, Inc. 800.649.4336 239.649.4040 3200 Bailey Lane Suite 200 Naples, Florida 34105 Attachment #7 F 239.643.5716 WIIwnMtller.com M18Q .Z139M -Ve,. i -MPER" N01 07.01S001- PWN -3MS �mA Agenda Item No. 813 AGE*WP IF9"10 Co r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 2, 2009 SUBJECT: PETITION: RZ- 2008 -AR- 13951, OLDE FLORIDA GOLF CLUB, INC. PROPERTY OWNER/AGENTS: Owner: Olde Florida Golf Club, Inc. 9405 Vanderbilt Beach Rd Ext. Naples, FL 34120 Agents: Margaret C. Perry AICP Senior Project Planner Wilson Miller 3200 Bailey Lane, Suite 200 Naples, FL 34105 REQUESTED ACTION: John Passidomo, Esquire Cheffy Passidomo 821 5th Ave. South Naples, FL 34102 The petitioner wishes to rezone 553.67E acres frorn the Golf Course (GC) zoning district to the Agriculture (A) Zoning District for a project known as the Olde Florida Golf Club. GEOGRAPHIC LOCATION: The subject property is located on the Vanderbilt east of the Vanderbilt Section 31, Township following page) Beach Road (CR 862) an 48 South, Range 27 East, RZ- 2008 -AR -13951 Olde Florida Golf Club Revised (2) 3117/09 Beach Road Extension, approximately 2 miles i Collier Boulevard (CR 951) intersection, in Collier County, Florida. (See illustration on Page 1 of 14 CL « � O f 2 W �Mtw Z � m ( ! IIIII! § ; Ti; : . wo SON�� .. ! ■� �. - (� ! . f.y [ MINE CL « � O f 2 W �Mtw Z � & �« � 2 O w « U O -j m ( ! § ; Ti; : . wo - 6 ) ! . f.y [ & �« � 2 O w « U O -j Agenda Item No. 8B January 26, 2010 Page 80 of 188 PURPOSE/DESCRIPTION OF PROJECT: As described in the narrative statement included in the application, the petitioner proposes to rezone the subject site to Agriculture to allow "for a broader range of uses" and to provide a "greater flexibility for the land owner by allowing agriculture, golf course, single- family dwelling units and other uses by right, in accordance with the FLUE [Future Land Use Element of the Growth Management Plan] and the Land Development Code." Given the GMP FLUE designation, up to 110 dwelling units could be developed on site. The petitioner's agent states in the Traffic Impact Statement (TIS) that, "The proposed rezone intends to preserve the existing 18- hole golf course and permit the addition of up to 110 single family homes." The subject property was rezoned from the Rural Agricultural Zoning District to the Golf Course (GC) Zoning District with the approval of Ordinance Number 91 -16 on February 12, 1991 (Petition Number R- 90 -23). As part of that rezoning action, an agreement was entered into by the petitioner wherein certain improvements would be required as part of site development approval. Most of the improvements or conditions are reiterations of site development plan requirements. Subsequent to that rezoning approval, the site was developed with an eighteen -hole golf course and its supporting facilities. It should be noted that the proposed rezone back to the Rural Agricultural Zoning District utilized the "conventional or standard" rezoning procedure that does not require a master plan to be submitted as would be required if the property was rezoned to a PUD. However, the boundary survey provided with the petition indicates there is a large conservation easement over lands in the northeastern portion of the site. Site development issues will be addressed as part of any future development approvals that may be sought should the rezone be approved. Similarly, deviations from the Land Development Code (LDC) cannot be sought as part of this rezone petition; any subsequent development would need to be in compliance with all federal, state and local development regulations unless variances are sought and approved tlu•ough the appropriate procedure in effect at the time. SURROUNDING LAND USE AND ZONING: North: A mixture of five, ten and twenty -acre tracts, most of which are either used for agriculturally (several tracts have single - family home also) or are undeveloped, all of which have a zoning designation of Agricultural with a mobile home overlay (A- MHO) East: Eight, 10 -acre tracts and an 80 -acre tract, all of which are undeveloped and under one ownership, with a zoning designation of Agricultural with a mobile home overlay (A -MHO) South: scattered single - family homes, zoned Estates (E) West: Golf Club of the Everglades, a 260 -acre golf course, zoned Agricultural (A) with Conditional Use approval for a golf course granted in Resolution Number 99 -61 RZ- 2008 -AR -13951 Olde Florida Golf Club Page 2 of 14 Revised 3/17/09 Agenda Item No. 8B January 26, 2010 Page 82 of 188 The Collier County Future Land Use Element (FLUE) and Land Development Code (LDC) contain specific requirements applicable to new development within Neutral Lands. Certain requirements pertain to residential development. These items are discussed below. In the following review, FLUE and other GMP provisions are shown in italics, while staff analysis and commentary is provided in normal type. Neutral Lands.: Neutral Lands have been identified for limited semi - rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away f •om existing native vegetation and habitat. A lower maximum gross density is prescribed for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses permitted within Receiving Lands are not authorized in Neutral Lands. Within Neutral Lands, the following standards shall apply: 1. Maximum Density: I dwelling unit per 5 gross acres (0.2 units per acre). Maximum density: There are 553.6 acres in the Olde Florida property, which would allow a maximum density of 110 dwelling units. 2. Clustering: Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: a) If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water• and Sanitary Sewer Sub - elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. b) The maximum lot size is one acre. c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. d) The minhnu/n project size shall beat least 40 acres. The amount of detailed development information necessary to address provisions (a) through (c) above is absent as this is a standard rezone petition. The specifics of these provisions may be addressed fully at the time a subdivision plat is submitted for review. Olde Florida is a 553.6 acre development and meets the mininmm project size requirement. 3. Allowable Uses: Agricultural uses; Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists; Multi family residential structures; Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support Of conservation uses; Group housing; Staff housing as may be incidental to, and in support of safety service facilities and essential services; Farm labor housing; Sporting and Recreational camps; Essential services; Golf courses or driving ranges; Zoos, aquariums, botanical gardens, or other similar uses; Public educational plants and ancillary plants; Facilities for the collection, transfer, processing and reduction of solid waste; Community facilities, such as, places of worship, RZ- 2008 -AR -13951 Olde Florida Golf Club Page 4 of 14 Revised 3/17/09 Agenda Item No. 8B January 26, 2010 Page 83 of 188 childcare facilities, cemeteries, social and fraternal organizations; Sports instructional schools and camps; Earthmining, oil extraction and related processing Parks, open space, and recreational uses; and Private schools. Golf courses or driving ranges are subject to the follola+ing standards: (1) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program and the Florida Department of Environmental Protection. (2) In order to prevent the contamination of soil,, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Goff Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (3) To protect ground and surface water quality from fertilizer and pesticide usage, gof courses shall demonstrate the following management practices. (a) The use ofslow release nitrogen sources; (b) The use ofsoil and plant tissue analysis to adjust tinning and amount offertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the tinning and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (4) To ensue water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture - sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. (b) As available; golf courses shall utilize heated effluent reuse water consistent with Sanitary Selmer Sub - Element Objective 1.4 and its policies; (c) Native plants shall be used exclusively except for special pupose areas such as golf greens, fairways, and building sites. Within these _excepted areas, landscaping plans shall require that at least 75 percent of the trees and 50 percent of the shrubs be freeze- tolerant native Floridian species. At least 75 percent of the required native trees and shrubs shall also be drought tolerant species. (5) Stornnwate• management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip - rapped walls shall be limited to 25 percent of the shoreline. Credits to the site RZ- 2008 -AR -13951 Olde Florida Golf Club Page 5 of 14 Revised 3/17/09 Agenda Item No. 813 January 26, 2010 Page 84 of 188 preservation area requirements, on an acre -to -acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (6) Site preservation and native vegetation retention requirements shall be the same as those setforth in the Rural Fringe Mixed Use District criteria. Site preservation areas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. Based on FLUE provisions for golf courses in the RFMUD, requirements specify they shall be designed, constructed and managed in accordance with Audubon's Signature program. The Olde Florida Golf Course however, was designed and constructed before the RFMUD was created and before Audubon Signature program certification was required. Audubon's Signature program is available only to newly proposed projects, including golf courses in the design or development stages. Audubon's Cooperative Sanctuary Program (ACSP) is the alternative program available to existing golf courses like Olde Florida. Both the Signature and the Sanctuary programs are characterized as education and certification programs, and the two embrace significantly similar land management and natural resource conservation practices. Both include comprehensive management programs. Primary differences between the two programs involve not the land management or conservation practices themselves, but whether verification of ongoing program participation and compliance are conducted with on- site Audubon - certified visits or by submitting documentation to Audubon International — and the associated costs for doing so. 4. Native vegetation and preservation requirements: Native vegetation shall be preserved as set forth in CCME Policy 61.2. The petitioner has indicated that the existing 51 -acre conservation area will be incorporated into the required preservation area. Strict compliance with CCME Goals, Objectives and Policies will be determined as part of any subsequent development order reviews. S. Density Blending shall be permitted subject to the provisions set forth in the Density Rating System. No density blending is proposed for the subject property. In reviewing for compliance with FLUE Objective 7 and subsequent Policies regarding Smart Growth principles derived from the Toward Better Places, Community Character Plan for Collier Court , staff provides the following analysis. Policy 71 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made Without violating intersection spacing requirements of the Land Development Code. The project has direct access to Vanderbilt Beach Road extension, a collector road. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 6 of 14 Revised 3117/09 Agenda Item No. 8B January 26, 2010 Page 85 of 188 Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and n7ininuZe the need ,for traffic signals. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, cornrnon open spaces, civic facilities and a range of housing prices and types. The amount of detailed development information necessary to address these Policies is absent as this is a standard rezone petition. The specifies of these Policies shall be addressed fully at the time of SDP or a subdivision plat is submitted for review. Based on the above analysis, staff concludes that the rezone may be deemed consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this 110 -unit project within the 5 -year planning period. Vanderbilt Beach Road Impacts: The first concurrency link that is impacted by this project is Link 113, Vanderbilt Beach Road East of CR -951. The project generates 52 PM peak hour, peak direction trips on this link, which represents a 6.8 percent (significant) impact on this roadway. This segment of Vanderbilt Beach Road is currently in the right -of -way acquisition process to accommodate a planned expansion beginning outside the five year capital improvement plan. The remaining capacity and Level of Service are not currently reflected in the adopted 2008 AUIR. Please note that portions of the project's access along Vanderbilt Beach Road are held in private ownership and are granted via easements as shown on the Access Management Plan included in the application. No subsequent links of Vanderbilt Beach Road are significantly impacted. County Road 951 Impacts: No subsequent links of County Road 951 are significantly impacted in the Peak Direction during PM Peak Hour. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). Environmental Element: There are no CCME issues for this petition as part of the rezone action. All Environmental Impact Study (EIS) , wetland and preservation issues will be addressed as part of any subsequent development order review. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and has reviewed the criteria on which a determination must be based. These criteria are specifically noted in Section 10.03.05.H. of the LDC. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for the recommendation to the Board of County Cormnissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as part of the Zoning and Land Development Review provided below. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 7 of 14 Revised 3117109 Agenda Item No. 8B January 26, 2010 Page 86 of 188 Trans ortation Review: Transportation Department Staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning staff can recommend approval of this project. Environmental Review: Environmental Review staff has reviewed this petition, and recommends approval. The Environmental Advisory Council (EAC) did not review this petition, and an Environmental Impact Study (EIS) was not required because a conventional rezone does not require a site plan. An EIS will need to be provided with any subsequent development order approvals that may be sought if the rezoning is approved. Preservation areas will be addressed as part of development order review. Wetland line(s) will have to be verified and approved by the SFWMD prior to completion of next development order. Utilities Review: Public utilities staff has reviewed this petition and has no objection. According to the current 2008 Water and Wastewater Master Plan Updates, the project location is within the Collier County Water - Sewer District Service Area. Per GIS, there is an existing 10 -inch water main on Vanderbilt Beach Road Extension. GIS does not show that the County owns sewer utilities in the right -of -way contiguous to this development. Since the project site is not presently serviced with centrally provided sewer, the project will need to utilize a septic system until central sewer is available. This project is located in the zone of the existing North Hawthorn Wellfield of the North County Regional Water Treatment Plant. The rules and regulations for protection of wellfields will need to be followed. All well sites and pipeline easements located on and close to this project will need to be shown on all future site development plans, PPL or any other site plan applications. Zoning and Land Development Reviews: Zoning staff has reviewed this petition and concurs with the findings of Comprehensive Planning. The proposed rezone and use is found to be consistent with the GMP. In addition, the proposed project will meet the Agricultural Zoning District criteria. According to LDC Section 2.03.01, the purpose and intent of the rural agricultural district is to provide: ....lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural /Rural land use designation on the future land use Wrap of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided in part, by the density rating system contained in the future land use element of the GMP. The nraximwn density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agriculturallrural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural /rural district of the future land use element. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 8 of 14 Revised 3/17/09 Agenda Item No. 8B January 26, 2010 Page 87 of 188 As noted on page 2, the petitioner is seeking this rezone to allow agricultural uses as well as single - family dwellings and golf courses and other uses by right. The proposed intent of the rezone appears to be in agreement with the purpose and intent of the Agricultural zoning district and the list of uses permitted within it because the RFMUD- Neutral designation allows these uses by right. That designation is an overlay district which supersedes the limitations of the Agricultural zoning designation to allow additional uses (the golf course use) that would otherwise require conditional use approval in a non RFMUD - Neutral GMP land use designation. The subject property is surrounded by agricultural zoning on three sides— north, east and west. To the north and east the lands are either undeveloped or used for agricultural activities. To the west is a golf course. To the south is the proposed Vanderbilt Beach Road Extension and then single family houses within the Estates zoning district. If the rezoning is approved, the developer will be required to provide the minimum landscape buffers as provided for in the LDC in effect when future development is sought. At the present time, residential zoning or uses that abut agricultural zoning or uses would be required to provide a Type A buffer, which is a 10 -foot wide landscape buffer with trees spaced no more than 30 feet on center. As indicated in the GMP discussion of this staff report the 553.6 acres in the subject site would allow a maximum density of 110 dwelling units. Excerpts from Lot Design Requirements for Principal Uses (LDC Section 4.02.01.A) [in feet, unless otherwise noted] Zoning District Front Yard Side Yard Rear Yard Lot Area (sq ft) Lot Width Floor Area of Buildings (sq. ft.) A 50 30 50 217,800 165 550 ' GC None None None None None None All numbers shown are the required minimum amounts Maximum Building Height of 35 feet is the same in both districts LDC Subsection 10.03.05.I.2 states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners ... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." [Staff's responses to these criteria are provided in non - italicized font]: Rezone Findings: 1. Whether the proposed change will be consistent ii,ith the goals, objectives, and policies and future laird use map and the elements of the GMP. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 9 of 14 Revised (2) 3/17/09 Agenda Item No. 8B January 26, 2010 Page 88 of 188 As noted in the GMP Consistency portion of this report, the proposed uses and development standards would generally further the goals and objectives of the FLUE and the applicable portions of the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report, the neighborhood's existing land use pattern is characterized by agriculturally zoned and used lands to the north and east; agriculturally zoned lands uses as a golf course to the vest; and the Vanderbilt Beach Road Extension then Estates zoned lands with residential uses to the south. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed rezoning would not create an isolated zoning district because, as noted above the parcel is surrounded by agricultural zoning on three sides. 4. Whether existing district boundaries are illogically draHm in relation to existing conditions on the property proposed,for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed zoning boundaries follow the property ownership boundaries. The location snap on page two of the staff report illustrates the perimeter of the outer boundary of the subject parcel. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; it is being requested in compliance with the LDC provisions to seek such changes. The proposed zoning change is appropriate because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. b. Whether the proposed change will adversely influence living conditions in the neighborhood. The County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP support the approval of the uses proposed at this location. Staff is of the opinion that the proposed rezone is consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. If the 110 dwelling units are developed on site, the LDC required buffers and development standards should ensure that any future residential development is compatible with the neighborhood. Therefore, staff is of the opinion that the proposed change will not adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or othemOse a feet public safety. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 10 of 14 Revised 3/17/09 Agenda Item No. 8B January 26, 2010 Page 89 of 188 The proposed change will not create or excessively increase traffic congestion over the amount currently generated under the CG zoning. However, the surrounding property owners may perceive the rezone to the Agriculture Zoning District to allow additional dwelling units to be constructed as adversely impact traffic flow on the local streets. Since the transportation analysis does not indicate that the traffic generated by this project would be considered excessive, staff does not believe the additional traffic would be considered incompatible. 8. Whether the proposed change will create a drainage problem. The development that the rezoning could allow should not create drainage or surface water problems because the LDC specifically addresses prerequisite development standards as part of the local development order process that are designed to reduce the risk of flooding on nearby properties. Any proposed water management and drainage system will need to be designed to prevent drainage problems on site and be compatible with the adjacent water management systems. Additionally, the LDC and GMP have regulations in place that will ensure review for drainage on new developments. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas since projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Since the proposed change is deemed to be consistent with the GMP and LDC, staff is of the opinion that property values should not be adversely affected. This is a subjective determination based upon anticipated results which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; zoning by itself may or may not affect values, since value determination is driven by market value. There is no guarantee that the project will be marketed in a mamier comparable to the surrounding developments. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around this property are already partially developed as previously noted. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed rezone should not be a deterrent to the improvement of adjacent properties. RZ- 2008 -AR -13951 Olde Florida Golf Club Pagel 1 of 14 Revised 3/17109 Agenda Item No. 813 January 26, 2010 Page 90 of 188 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the GMP, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There is no reason the property could not be used in accordance with existing zoning. Any petition for a change in land use is reviewed for in compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to garner that Board ruling. 14. Whether the change suggested is out ofscale with the needs of the neighborhood or the county. The proposed development complies with the GMP requirements for the uses proposed and density would not be allowed to exceed the GMP allowances. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout Collier County. Staff is of the opinion that the zoning district will ensure that the project is not out of scale with the needs of the community. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the proposed zoning district would require considerable site alteration and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. RZ- 2008 -AR -13951 Olde Florida Golf Club Page 12 of 14 Revised 3/17109 Agenda Item No. 813 January 26, 2010 Page 91 of 188 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process and those staff persons- have concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Based upon the above analysis, staff is of the opinion that the proposed change to the Agricultural Zoning District is not anticipated to have an adverse effect upon the surrounding area. NEIGHBORHOOD INFORMATION MEETING (NIM): The meeting was duly noticed by the applicant and held on February 19, 2009 at 5:30 p.m, at the Golden Gate Estates Library. Five people from the public attended, as well as the applicant's team (Margaret Perry, Jeff Perry and Toni Trettis of WilsonMiller, Inc. and Bill Barton and Tom Wildenhaus from Olde Florida Golf Club) and county staff. Ms. Perry presented an overview of the requested Rezone their client is seeking, Ms. Perry explained that by rezoning the property from its current Zoning of Golf Course to Agriculture this would allow the property owner more uses, such as single family homes. There was no opposition to the rezone, but the following comments were made by those in attendance. One resident wanted to know where the access to the property would be. The petitioner responded that it would be in the same place as it is today-, no change is proposed. The same resident wanted clarification that no commercial uses could be built with this rezone, and the petitioner assured him that commercial use is not an approved use under agriculture or in the Rural Fringe Neutral Area and that in order to allow commercial uses, a Growth Management Plan Amendment would be required. Several residents asked if there were any plans to remove the golf course. The property owner stated that he intends to keep the current golf course intact. A discussion also occurred regarding the alignment of the Vanderbilt Beach Road Extension. STAFF RECOMMENDATION: The Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition RZ- 2008 -AR -13951 to the Board of County Commissioners (BCC). RZ- 2006 -AR -13951 Olde Florida Golf Club Page 13 of 14 Revised 3/17109 Agenda Item No. 813 January 26, 2010 Page 92 of 188 PREPARED BY: KArY MSELEM, AICP, PRINCIPAL PLANNER DATE DEPA TMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: HEIDI ASH ON -CICKO CHIEF ASSISTANT COUNTY ATTORNEY I r )al DATE 7, 1 ? j RAYMO D V. BELLOWS, ZONING MANAGER !BATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW US AN MURRAY ISTENES, AICP, DIRECTOR DAT DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: ,?117 A E & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 9, 2009 Board of County Conunissioners Meeting COLLIER COUNTY PLANNING COMMISSION: (lam P — W MARK . STRAIN, CHAIRMAN 4,2 "0� DATE RZ- 2008 -AR -13951 Olde Florida Golf Club Page 14 of 14 Revised 3/12/09 +/m k/% k� ƒ]2 \ =� - - � �m o } \` , _�- _ ! ! | (- ) .. oil ._ El =� � « � 3 2 2 O N ft N 2 O_ w « U O � - - � } \` , _�- _ ! ! | (- ) � « � 3 2 2 O N ft N 2 O_ w « U O � COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT. REVIEW WWW COLLIERGOV NET ,14*11111A Agenda Item No. 86 2800 NORTH HORSESHd�y�6�66, 2010 NAPLES, FLORIDA 3410"4'Pa'g °e 34 of 188 (239) 403 -2400 FAX (239) 643 -6968 PETITION NO (AR) RZ- 2008 -AR -13951 REV: 1 PROJECT NAME OLDE FLORIDA GOLF CLUB PROJECT NUMBER Project: 20081DOODS Date: 11/5/08 DUE: iz /s /os DATE PROCESSED Ext CITY Naples ASSIGNED PLANNER Above to be completed by staff NAME OF APPLICANT(S) Oide Florida Golf Club Inc Attn: William Barton. P.E. ADDRESS 9405 Vanderbilt Beach Road Ext CITY Naples STATE FL ZIP 34120 TELEPHONE # 239.641.7941 E -MAIL ADDRESS: billborton32a- comcast.net NAME OF AGENT Margaret C Perry AICP WilsonMiller. Inc. ADDRESS 3200 Bailey Ln Ste 200 CITY Naples STATE FL ZIP 34105 TELEPHONE # 239.649.4040 FAX # 239.643.5716 E -MAIL ADDRESS: Iv argaretPerrX(a)wilsonmiller com NAME OF AGENT John Passidomo Esq Chef fy, Passidomo Wilson & Johnson ADDRESS 821 51h Aye. 5. CITY Naples STATE FL ZIP 43 102 TELEPHONE # 239.261.930 FAX # 239.261.9782 E -MAIL ADDRESS: 'jmpassidomo(a)napleslaw.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE — 11/25/2006. rev ?A 2A01 Agenda Item No. 813 January 26, 2010 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 htto://www.cofliergoy.net/index.asox?ogae=774 NAME OF HOMEOWNER ASSOCIATION: Fifth District Civic Advisoru Groug MAILING ADDRESS 2335 Tamiemi Trail N. Ste. 308 CITY Naples STATE FL ZIP 43 103 NAME OF HOMEOWNER ASSOCIATION: Golden Gate Estates Area Civic Association MAILING ADDRESS 2335 Tamiemi Trait N Ste 308 CITY Naples STATE F!, ZIP 43 103 NAME OF HOMEOWNER ASSOCIATION: Vanderbilt Country Club Homeowners' Association MAILING ADDRESS 8250 Danbury. Blvd. CITY NaRle STATE fL ZIP 43 120 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. (Use additional sheets if necessary). Name and Address Percentage of Ownership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address This is an equity owned club in which each of the 275 members own 0.36% of the corporation. Please refer to the attached list of owners. Percentage of Ownership c If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE — 11282006 rev 2/12/08 Item No. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: WA f. If any contingency clause or contract terms involve addifional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property, acquired ® leased ❑ 1993;1997 Term of lease yrs. /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates. , or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the.finai public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3 APPLICATION FOR PUBLIC HEARING FOR STANDARD RE7 ,ONE - 11/28/2006 r VIVO Legal Description of Subject Property: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 ° to 40V scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal descriptiom if questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 31 / 485 / 27E Loh Block: Subdivision: Plat Book Page #: Property I.D. #: 00219160003; 00219400103 Metes & Bounds Description: ALL OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE EAST 1/2 OF THE NORTHEAST 1/4, COLLIER COUNTY, FLORIDA Size of property: ft. X ft. = Total Sq. Ft. Acres 553.67 acres Addresslueneral location of subject-properly: 9405 and 10195 Vanderbilt Beach Road Ext. T;''a� is a ksVtT s e a e �i'i�u Zoning N A -MHO S Estates E A -MHO W Agriculture Land Use Residential and Vacant Single - Family Residential Vacant Golf Course Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). The owner of the subject property, Olde Florida Golf Club, Inc. does not own any property contiguous to the subject property. Section /Township /Range Subdivision: Loft Block: Plat Book: Page # Property I.D. #: Metes & Bounds Description: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE 1112812006 rev 2/[2/08 Agenda Item No. 813 January 26, 2010 p i hF uN Legal Description of Subject Property: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 ° to 40V scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal descriptiom if questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section /Township /Range 31 / 485 / 27E Loh Block: Subdivision: Plat Book Page #: Property I.D. #: 00219160003; 00219400103 Metes & Bounds Description: ALL OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE EAST 1/2 OF THE NORTHEAST 1/4, COLLIER COUNTY, FLORIDA Size of property: ft. X ft. = Total Sq. Ft. Acres 553.67 acres Addresslueneral location of subject-properly: 9405 and 10195 Vanderbilt Beach Road Ext. T;''a� is a ksVtT s e a e �i'i�u Zoning N A -MHO S Estates E A -MHO W Agriculture Land Use Residential and Vacant Single - Family Residential Vacant Golf Course Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (if space is inadequate, attach on separate page). The owner of the subject property, Olde Florida Golf Club, Inc. does not own any property contiguous to the subject property. Section /Township /Range Subdivision: Loft Block: Plat Book: Page # Property I.D. #: Metes & Bounds Description: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE 1112812006 rev 2/[2/08 This application is requesting a rezone from the GC zoning district(s) to the A zoning district(s). Present Use of the Property: Golf Course and undeveloped property Proposed Use (or range of uses) of the property: Uses which are allowed by right in the Rural Fringe Mixed Use - Neutral Land, according to the Growth Management Plan and LDC, which include, but are not limited to, agriculture, golf course and single - family residential. Pursuant to Section 10.03.05.G. of the Collier County Land Development 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 noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. ,standard Rezone Considerations (LDC Section 10 03 S G ) 1. Whether the proposed change will he consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The subject property is 553.67 acres and is designated Rural Fringe Mixed Use District (RFMU) Neutral Land by the Future Land Use Element (FLUE) of the Growth Management Plan. The property currently contains an 18 -hole golf course and supporting facilities and open space. It is the applicant's intention to rezone the property from Golf Course to Agriculture to allow for the uses which are permitted by right in the RFMU Overlay, which include, but are not limited to, agriculture, single - family residential, and golf course. Lands designated Neutral in the RFMU District are appropriate for limited development, at a maximum density of 1 single- family dwelling unit per 5 acres, or a maximum of 1 10 dwelling units on the subject property. Clustering is encouraged, but not required. Golf courses are also permitted as of right on Neutral Lands. The existing golf course will remain in tact. While the applicant is not proposing any development at this time, a wide range of opportunities exist, including agriculture, single - family residential and golf course, and may be proposed in the future. Each of those uses is consistent with the FLUE and all other elements of the Growth Management Plan as follows: o The subject property's location in relation to existing or proposed community facilities and services permits the potential uses and density as required in Objective 2 of the Future Land Use Element. o The potential types of development are compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. o All final local development orders for this project are subject to Chapter 6, Infrastructure Improvements and Adequate Public Facilities Requirements, of the CDC. o The subject property will preserve a minimum of 60% of the existing native vegetation, not to exceed 45% of the total site area, in accordance with Policy 6.1.2 of the APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/26/2006, rev 2/12/08 Agenda Item No. 8B Conservation and Coastal Management Element. The location of such l "age 4rOV%8' determined at the time of an application for plat or site development plan. • Any development occurring on the subject property will include a safe and efficient transportation system that provides for both motorized and non - motorized movement of people and goods, in accordance with Goal i of the Transportation Element. • This petition is also consistent with Policy 7.1 of the FLUE, which encourages developments to be connected to fronting collector or arterial roads. The property fronts on the Vanderbilt Beach Road Extension and will provide access as deemed appropriate by Collier County Transportation staff as that road is constructed. o The proposed changes are consistent with Policy 5.4 of the Growth Management Plan, which states that new developments must be compatible with, and complementary to, surrounding land uses. The subject property is surrounded to the west by another golf course, to the north by residential property zoned A -MHO, to the east by vacant land zoned A -MHO, and to the south (across Vanderbilt Beach Road Extension) by single - family residential development zoned Estates. The uses allowed by right (agriculture, golf course and single - family residential) are of the same intensity as surrounding uses and are compatible and complementary. Z. The existing land use pattern. The subject property is surrounded to the west by a golf course, to the north by residential property zoned A -MHO, to the east by vacant land zoned A -MHO, and to the south by single - family residential development zoned Estates. The uses which are allowed by right (agriculture, golf course and single - family residential) are of the some intensity as surrounding uses and ore compatible and complementary. 3. The possible creation of an isolated district unrelated to adjacent and nearby dntricis. Rezoning the subject property to Agriculture would not create an isolated district. In fact, most of the surrounding zoning is Agriculture. Both the zoning district and existing and potential land uses are similar to or the some as those of adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Existing district boundaries are appropriate for the property and its proposed zoning and uses. S. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Changed or changing conditions have not made the passage of the proposed rezone necessary. & Whether the proposed change will adversely influence living conditions in the neighborhood. The property is compatible with the surrounding neighborhood and will not have adverse impacts on living conditions in the area as a result of a change in zoning. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, bemuse of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE 112812006 rev 2/12/08 Agenda Item No. 8B The proposed change will not excessively increase traffic congestion or create types�����, AR88 are incompatible with surrounding land osec as is demonstrated by the Traffic Impact submitted with this application. 8. Whether the proposed change will create a drainage problem. The proposed change will not create a drainage problem. Any future storm water management system will have sufficient capacity to meet all of the required Collier County and SFWMD permitting requirements. 9. Whether the proposed change will seriously reduce right and air to adjacent areas. The potential uses of the site will not reduce light or air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. The applicant does not believe that property values will be affected by approval of this rezone. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not affect the improvement of adjacent developments. 12. Whether the proposed change will constitute a gront of special privilege to an individual owner as contrasted with the public welfare. The proposed change is in accordance with the goals, objectives and policies of the Growth Management Plan and both the rezone procedures and development regulations of the Land Development Code will be adhered to. The proposed change will not be detrimental to the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is designated RFMU Neutral Land by the FLUE of the Growth Management Plan. Permitted uses as of right within that designation include, but are not limited to, agriculture, single - family dwelling units and golf courses. The zoning on the property, however, is Golf Course, which allows for golf course, clubhouse, maintenance facilities and a caretaker's residence. The proposed zoning of Agriculture allows for a broader range of uses and provides greater flexibility for the land owner by allowing agriculture, golf course and single - family dwelling units by right, in accordance with the FLUE and the Land Development Code. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The potential uses allowed by right in RFMU Neutral Land include agriculture, single- family dwelling units at 1 unit per 5 acres, and golf course. The land surrounding the subject site is largely zoned Agricultural. A golf course exists west of the site, and single - family units and vacant lands surround the site to the north, east and south. The proposed rezone would not allow for uses that are out of scale with the needs of the neighborhood or county. I5. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The subject property has been owned by the applicant since 1993, with an addition in 1997. Although other sites may exist in the county to allow for agriculture, golf course and residential APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE 11/28/2006 rev 2/I2I08 Agenda Item No. 8B Ja kar�2�6 2010 , dwelling units, the applicant simply wishes to exercise the development rights grant5� YfPI of 188 Growth Management Plan on the property they currently own. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The Olde Florida Golf Club property contains approximately 554 acres including an existing golf course, clubhouse, maintenance facility and undeveloped areas. A 51.2 -acre conservation easement is located within the northeast comer of the site and contains primarily cypress dominated habitats. The balance of the undeveloped portions of the site contains cabbage palm, pine flotwoods, pine - cypress- cabbage palm, and cypress habitats. Many of the cypress and pine - cypress- cabbage palm habitats have experienced an altered hydrologic regime due to the construction of the Cypress Canal to the south, the construction of Immokolee Road and Cocohatdhee Canal to the north, and surrounding development in this region of Collier County. The Collier County LDC requires that properties within Rural Fringe Neutral Lands preserve 60% of the native vegetation. An existing 51.2 -acre conservation easement located in the northeast corner of the property will be incorporated into the required native vegetation preservation area which will include similar high quality habitat at such time as an application for plat or site development plan is submitted. Gopher tortoise burrows have been identified on the site. The existing conservation easement area will be combined with gopher tortoise burrow habitat areas to satisfy the native vegetation preservation requirements at the time of plat or site development plan. Approximately 40% of the native vegetation will be impacted to make the property useable for any of the range of potential uses under the proposed zoning classifications. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate PubBc Facilities Ordinance [Code ch. 106, art. 11 ], as amended. The proposed change is in accordance with the goals, objectives and policies of the Growth Management Plan and will be consistent with the level of service incorporated within the Collier County Adequate Public Facilities Ordinance. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. The proposed rezone meets all criteria in the Growth Management Plan and Land Development Code for appropriateness and the compatibility with the surrounding neighborhood. The applicant does not believe that approval of this rezone application will cause any detrimental effects on the public health, safety and welfare. 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. 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 public hearing involving this property has been held within the past year. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 11/28!2006 ev 2/12108 Agenda Item No. 8B January 26, 2010 RZ- 2008 -AR -13951 PW:102 of 188 OLDIE FLORIDA GOLF CLUB Project: 2008100005 Date:12 /18/08 DUE: 1/21/09 STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST 1. NAME OF APPLICANT: Olde Florida Golf Club, Ann. William Barton, P.E. 2. MAILING ADDRESS 9393 Vanderbilt Beach Road Ext. CITY Naples STATE FL ZIP 34120 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 10195 and 9405 Vanderbilt Beach Road Ext. Naples, FL 34120 4. LEGAL DESCRIPTION: Section: 31 Township: 48 South Range: 27 East �. Lot: Block: Subdivision: Q Plat Book Page #: Property I.D. #: 0021916(103; 00219400103 Metes & Bounds Description: All of section 31, Township 48 South, Range 27 East less the east Ih of the Northeast 1/4, Collier Count, Florida. 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ ❑ PROVIDE NAME c. PACKAGE TREATMENT PLANT ❑ (GPD capacity) d. SEPTIC SYSTEM 6. TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PRIVATE SYSTEM (WELL) ❑ 7. TOTAL POPULATION TO BE SERVED: 110 units or 275 (geeople) 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK 116.5 GPM AVERAGE DAILY 42.350 GPD B. SEWER -PEAK 93.1 GPM AVERAGE DAILY 33.000GPD IMMSO.'NI -=M.,. VC3- NPFS= ,M10741.4l. MN. IMS Agenda Item No. 8B January 26, 2010 Page 103 of 188 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2011 10. 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. Based upon the Availability of Service letter from Collier County Public Utilities for the subject Project, wastewater service is not available. Therefore, wastewater service for any future development will be provided via individual septic systems. Below is a schematic of a typical sanitary sewer treatment process for this property. wastewater Septic Source Tank Drain Field 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at 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 shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. The subject Project lies within the current Collier County Water -Sewer District Service Area (CCWSD). As indicated in the water availability letterfrom Collier County dated September 19, 2008 wastewater service is not available for this site. Therefore, wastewater service for any future development will be provided via individual septic systems. Water service will be provided by Collier County Public Utilities. If the subject Project does not intend to utilize County Utility Easements (CUE's) all utilities will be owned and maintained by the owner, or their successors or assigns. Should the Project utilize CUE's, all water facilities will be owned and maintained by Collier County Public Utilities. At the time of future development, should County Water be unavailable, the Project will be required to provide an interim means of water supply and treatment until such time as the District's facilities have the adequate capacity to service the Project. IM4It008. Z1W)li Vv 1.MT Kj. Hn1.41.1m] rron -era. Agenda Item No. 813 January 26, 2010 Page 104 of 188 12. 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 that there is adequate capacity to serve the project shall be provided. As referenced previously, the subject project will utilize individual septic systems for any future development. Please reference the previously submitted letter from Collier County Public Utilities regarding availability of service far future potable water supply. As noted in the above referenced letter, should adequate capacity of Collier County water be unavailable at the time of future development, the Project will be required to provide an interim means of water supply and treatment until such time as the District's facilities have the capacity to service the Project. taxarmw.IOSU1.5.vw. ]. nesS�liL1. N91W -0t &1101 . P/AN � 1225 NEW DIRECTIONS IN PLANNING, DESIGN & ENGINEERING. SINCE 1956, ZisdaMiiler October 27, 2008 Ms. Kay Deselem, AICP, Principal Planner Zoning and Land Development Review' 2800 North Horseshoe Drive Naples, Florida 34104 RZ- 2008 -AR -13951 Agenda Item No. 8B January 26, 2010 Page 105 of 188 REV: 1 OLDE FLORIDA GOLF CLUB Project: 2008100005 Date: 11 /5/08 DUE: 12 /8/08 Re: Olde Florida Golf Club Historical Survey Waiver Request Dear Ms. Deselem, On behalf of our client, Oide Florida Golf Club, Inc., WilsonMiller is respectfully requesting a waiver from the requirement to provide a historical survey as part of the rezone application. The subject site, which is located in Section 31, Township 48 South, Range 27 East in Collier County, is not identified on the Historical and Archaeological Probabilities Map, and we do not believe this site to have any historical or archaeological significance. Please let myself or Brooke Gabdelsen know if you have any questions or concerns about this waiver request. Sincerely, WiIsonMiUer Inc. Margaret Perry, AI Regional Manager, Development Planning and Approvals Corporate Office 3200 Bailey Lane Suite 200 Naples, Florida 34105 800.649.4336 239.649.4040 F 239.643.5716 wilsonMiller corn 0 rUG-14 -260$ 14:25 Fromr COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT Agenda Item No. 8B To:52525724 JanDRuary'29,'LI010 BX 10tof�188, 2600 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 94104 Please complete the following and fax to the Addressing Department at 239 - 252.57$4 or submit In parson to the Addressing Department at the above address. Form must be sioned by Addressing Personnel orbr io graaooiicatlon Meeting, Please allow 3 dove for as h—, Not all items will apply to every project, hems In bold type are required. Forme older than 6 months will require additbW roview and approved by the Addressing Department PETITION TYPE (Check pehflon type below, complete a separate Addressing Chockh §t foresoh Pafition Type) ❑ SL (Blasting Psrmit) ❑ BD (Boat Dock Extenslon) ❑ Camivai /Clreus Permit CU (Conditional Use) F.XP (EXcavatlon Permit) CI FP (Final Plat ❑ L LA (Lot Line Ad)ustmont) PNC (Projeot Name Change) PPL (Plans 8 Plat Review) PSP (Preliminary Subdtvlsion Plat) PUD Rezone RZ (Standard Rezone) SDP (Sfte Development Plan) SDPA (SDP Amendment) ❑ SDPI (Ineubstardlal Change to SDP) ❑ SIP (Site Improvement Plan) ❑ SIPI (Insubstantial Change to SIP) ❑ SNR (Street Name Change) D SNC (Street Name Change — Unplatted) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) I] VRP (vegetation Removal Permit) ❑ VRSFP (Vegetation Removal 8 Sile Fill Permit) ❑ OTHER LEGAL DESCRIPTION of sub)ect property or properties (cagy of lengthy descrrptian maybe afteched) ALL OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE EAST 1/2 OF THE NORTHEAST 1/4, COLLIER COUNTY, FLORIDA. — Ba-rCe (S 14 -T FOLIO (Property ID) NUMBER(s) of above (affach fo, orassoclare with, legal doscription If more than one) 00219400103,0021916003 STREET ADDRESS of ADDRESSES (as applicable, if already assigned) 10185 VANDERBILT BEACH RID • LOCATION MAP must be attnhod Showing exact location Of prOjecVaite in relation to nearest pubfio road right-of-way SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (If applicable) NIA PROPOSED STREET NAMES (if app #cebie) N/A SITE DEVELOPMENT PLAN NUMBER (for existing projectoifes only) SDP or AR # RZ- 2008 -AR -13951 REV: I. OLDE FLORIDA GOLF CLUB project: 2008100005 DUE: 1218/08 Date: 11 /5108 Page t of 2. RUG - 14-@068 14:25 From: To: 92825724 Agendalt gg.8B January 2h010 Page 107 of 188 ADDRESSING CHECKLIST _ PAGE TWO Project or development names proposed for, or already appearing In, condominium documents (If application; Indicate whether proposed or existing) Please Check one: 0 Checklist Is to be Faxed bark ❑ Personally Picked Up APPLICANT NAME: BROOKE GAPRIELSEN, FOR OLDS FLORIDA GOLF CLUB PHONE 239.649.4040 FAX 239.643.5716 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF U$E UN1 Y Primary Number W-6; X1 Address Number 3_ d qZo% Address Number Address Number APproved hyh [� ! r C�CT](� Date. Updated by Date: IF OLDER THAN 6 MONTHS, FORM MUST SE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 G1rurrenMOplleatton ForcnsWdtlr0R61ng ClteckilRl rcv.7unega,doc RZ- 2008 -AR -I da IV=:NDo8o OLDE FLORIDA ge 8 , 188 AFFIDAVIT Project: 200810o To Date: 11 /5/08 DUE: 12 /8/08 We /l, William Barton, P.E. of Olde Florida Golf Club, Inc. being first duly sworn, depose and say that we/7 am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief: We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Margaret C. Perry, AICP of WilsonMiller, Mr, and John Passidomo. Esq. of Che f{y. Passidomo, Wilson & Johnson to act as our /my representative in any matters regarding this Petition. Signature of Property Owner William Barton. Secretary Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing igum nt w sac owledged before me this ZD day of& �–, 211. _, by why is personally known t� me �r has proluced as identification. �— State of Florida (Signature of Notary Public - State of County of Collier Florida) Notary PubBO Slate of Fbri6a y�� AIyICOmmhaia 0�>��5 ve �' Expires 08rLOf2012 "1"i`« 1 rl �IJ�LPJ 011'\ (Print Type, or Stamp Commissioned Name of Notary Public) 13 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 1112817,006, rev 2112108 Agenda Item No. 8B 2008 FOR PROFIT CORPORATION ANNUAL REPORT FILED January 26, 2010 Jan 24, 2068ge 109 of 188 DOCUMENT# L99780 Secretary of State Entity Name: OLDE FLORIDA GOLF CLUB, INC. Current Principal Place of Business: New Principal Place of Business: 9393 VANDERBILT BEACH ROAD EXT. NAPLES, FL 34120 US Current Mailing Address: 9393 VANDERBILT BEACH ROAD EXT. NAPLES, FL 34120 US FBI Number. 65. 0220433 FBI Number Applied For( ) Name and Address of Current Registered Agent: KUKK,TJ 9393 VANDERBILT BEACH ROAD EXT. NAPLES, FL 34120 US RZ- 2008 -AR -13951 REV: 1, OLDE FLORIDA GOLF CLUB New Mailing Address: Project: 2008100005 Date: 11 /5/08 DUE:12 /8 /DS FBI Number Not Appaoable ( I Certificate of Statue Desired ( I Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( I. OFFICERS AND DIRECTORS: ADDITIONSICHANGES TO OFFICERS AND DIRECTORS: Ttle: O ( ) Delete Tue: ( ) Change ( Addltion Nam: HAIMBAUGH, JOHN W Name: Address: 9393 VANDERBILT BEACH ROAD EXT Address: City -St -Zip: NAPLES, FL 34120 US City -St -Zip: Tile: SD ( ) Delete Title: ( )Change () Addition Name: BARTON, WILLIAM L Name: Address: 9393 VANDERBILT BEACH RD. EXT. Address: qty- St -Zlp: NAPLES, FL 34120 US City -St -ZIP: Ttle: PD ( ) Delete Title: ( ) Change ( ) Addition Name: KUKK,TJ Name: Address: 9393 VANDERBILT BEACH RD. EXT. Address: Clty -St -Zip: NAPLES, FL 3412D US city-st -Zip: Title: D ( ) Delete Ttle: ( ) Change ( ) Addition Name: DIT A, MICHAEL K Name: Address: 9393 VANDERBILT BEACH RD. EXT. Address: City -St -Zip: NAPLES, FL 34120 US City-St-Zip: THIS: TD ( ) Delete Title: ( )Change ( ) Addtlon Name: QUINSY, CLYDE Nam: Address: 9393 VANDERBILT BEACH RD. EKT. Address: CRy-St -Zlp: NAPLES, FL 34120 US City-St -tip: Tile: VD ( ) Delete Ttte: O Change ( ) Addition Nam: VINING, DONALD Name: Address: 9393 VANDERBILT BEACH RD. EXT. Address: City-St -Zip: NAPLES, FL 34120 US City-St-Zip: I hereby certify that the Information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. I further certify that the information Indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above. or on an attachment with an address, with all other like empowered. SIGNATURE: T J KUKK PRIES 01124/2008 Electronic Signature of Signing Officer or Director Date OLDE FLORIDA GOLF CLUB, INC. Agenda Item No, 813 OWNERSHIP INFORMATION January 26, 2010 Page 110 of 188 Each of the 275 members of Olde Florida Galt: 016) ho= a 0.38% interest in Olde Florida Golf Club, Inc. EUGENEABRAHAM GARY ANDERSEN L MICHAEL ARNOLD 1000 GARLANDS LANE #1208 52D UNIVERSITY PL 1D8 FELIPE LANE BARRINGTON, IL 6W10 GROSSE POINTE, MI 48230 BONITA SPRINGS, FL 34134 RICHARD ARNO$ CHARLES ASCHENBRENNER JOHN BAGLEY 15 EXMOOR 23 DEER POP47 TRAIL BAGLEY 8 MILLER LAW FIRM TOLEDO, OH 43515 MADISON, WI 53719 6 S 4TH ST. PEKIN,IL 61554 DONALD "RICK" BAIRD JAMES BAIRD THOMAS BARNES GOVERNMENT EDGE INC 8727 PURSLANE DR SW: LONG KNIFE RUN 21 W BROAD ST STE 71 D NAPLES, FL 34109 LOUISVILLE, KY 40207 COLUMBUS, OH 43215 TOM BARRETT WILLIAM BARTON } JOSEPH BAUGHMAN 8171 BAY COLONY OR PH N BOB PALM CIRCLE EAST 810 EASTWOOd LN NAPLES, FL 34108 NAPLES, FL 34102 GLENVIEW. IL 80025 1 WILLIAM BAUMAN JAMES BEATTY ROBERT BENDER 870 PINE POINT DR 412 S LINCOLN 260 CHAMPNEY BAY CT AKRON, OH 44333 HINSDALE, IL 60521 NAPLES, FL 34102 JOHN BERINGER FRANK SEVEVINO JOHN SIBBO 11945 COLLIERS RESERVE OR FHB DEVELOPMENTCO 22833 SR 120 NAPLES, FL 34110 613 BALTIMORE DR ELKHART, IN 46516 WILLKES BARRE, PA 18702 JOSEPH BLANCATO KARL BLATZ JOHN SUCKLE 81 SEAGATE DR UNIT 903 GRIEGSTR 14 HEIDMAN INC NAPLES, FL 34103 D 14193 BERUN 500 GRANT ST GERMANY. AKRON, OH 44311 RICHARD BODMAN RICHARD BORCHERS NAOMI BORWELL 3007 RUM ROW REGENT APT 20 5 APT 37B NAPLES, FL 34102 4101 GULFSHORE BLVD N 1040 N LAKE SHORE DR NAPLES, FL 34103 CHICAGO, IL 60611 JAMES BOUCHARD JOHN BOWUN MR. EDWIN BOYNTON 3 BEAVER ST 4931 BONITA BAY BLVD #17 13342 ROSEWOOD LANE SEWICKLEY. PA 15143 BONITA SRPINGS, FL 34134 NAPLES, FL 34119 MR DANIEL 13RECUEN MR DAVID BRENNAN MR MICHAEL BRENNAN UNIT I DD3 159 S MAIN ST STE 4500 931 S WOODLAND AVE 8787 BAY COLONY DR AKRON, ON 44306 MICHIGAN CrTY, IN 96380 NAPLES. FL 34108 Agenda Item No. 813 January 26, 2010 Page 111 of 188 MR CHAD BREWER MR JAMES BROCKSMITH J MICHAEL3UNGERT CHAD BREWER STE 1003 580 OAK KNOLL DR 3636 TAMIAMI TR. N #200 693D BAY COLONY OR LAKE FOREST, IL 60045 NAPLES, FL 34103 NAPLES, FL 34108 MR BERNARD BUTLER MR JOHN CABLE MR WILLIAM CASTELLANO 1700 SUNNYSLOPE LANE PO Box 35026 1001 MIDWEST CLUB PARKWAY MANHATTAN, KS 65502 RICHMOND, VA 23236 OAK BROOK IL 80521 DAVID CHANDLER MR EDWARD CHERNEY MR ROBERT CLIFFORD 2600 CHANDLER DR 2070 WEST VALLEY RD CLIFFORD LAW OFFICES PC 12D N LASALLE ST STE 31DD BOWLING GREEN, KY 42104 BIOOMFIEID HILLS, MI 48304 CHICAGO, IL 60602 OR STEPHEN COLEN MR JOHN COLLINS OR WILLIAM COUGHLIN 612 PARK AVE APT 13D LEER REALTY GROUP 2524 FARRAGUT DR IFS 53633 CR7 SPRINGFIELD, IL 62704 NEW YORK, NY 10021 ELKHART, IN 46514 CHARLES COX JOHN COX MR DICK CRAIG NORTHERN JET MANAGEMENT 1030ASHLANDAVE 306 CITATION POINT p O BOX 868.360 RIVER FOREST, IL 6D305 NAPLES, FL 34104 GRAND RAPIDS, MI 49586 -- MR TOM CRAIG MR WILLIAM CRANE MR, MICHAEL CROWE 612 B RYANT CROSSING DR 475 ORCHID DR, MESIROW FINANCIAL INVESTM WEST UNION, SC 29696 NAPLES, FL 34103 35D CLARK ST STE 300 CHICAGO, IL 60610 MR EUGENE CULLER J ELIZABETH CULLIGAN DAVID D'ANTONI 330 NEPTUNES BIGHT 17 WORTHINGTON AVE 15821 SAVONA WAY NAPLES, FL 34103 SPRING LAXE, NJ 07762 NAPLES, FL 34110 MR JAMES DAVIS MR CHRIS'DELANEY MR JAMES DELUCA 2006 W JOPPA RD 133 ARTHUR AVE 139 STONEY POINT LUTHERVILLE, MD 21093 CLARENDON HILLS, IL 60514 BERWYN, PA 19312 ROGER DEROMEDI MR JAMES DIDION DONALD DILLON 900 EAST ILLINOIS RD 3727 GUADIATO CT P.O. SOX 67249 LAKE FOREST. IL 60045 NAPLES. FL 34109 LINCOLN, NE 68506 MR MICHAEL DITKA MRS DIANA DITKA MR JOHN DONAHUE UNIT 39F 161 ECHICAGO AVE 39F 100 SAY RD 161 EASTCHICAGOAVE CHICAGO, IL 6061t NAPLES, FL 34102 CHICAGO. IL 60611 Agenda Item No. 8B January 26, 2010 Page 112 of 188 MR. STEPHEN DUNLAP WILLIAM DURKIN MR THOMAS DUSTHIMER 6205 N VILLA AVE 5224 WALHONDING RD 10833 GULFSHORE DR OKLAHOMA CITY, OK 73112 BETHESDA, MD 20616 NAPLES, FL 34108 MR ROBERT EATON EDWIN EATON, JR TOM ELKIN 9675 MASHIE CT 1 05 JUMENTO CAY LANE 22520 WEATHERBY LN NAPLES, FL 34108 BONITA SPRINGS, FL 34134 ELKHART, IN 46514 MR WILLIAM ELY III MR PAUL ENOCH JR WILLIAM ESPOSITO 27 ISLAND TRAIL 420 ELMINGTON AVE C/O TERRI CUTRONE SPARTA, NJ 07871 NASHVILLE, TN 37205 35 CIRCLE ST NORWALK, CT 05854 MR. ANTONIO FAGA THOMAS FAHEY MR THOMAS FERGUSON 7955 AIRFORT RD STE 101 P O BOX 3285 2856 HURLINGHAM OR NAPLES, FL 34109 OAK BROOK, IL 60522 WELLINGTON, FL 33414 MR LEE FLANDREAU MR MICHAEL FLEMING MR. WEN DALL (BUD) FLODEEN 2245 SHEEPSHEAD DR 5597 NICHOLAS BLVD 0705 CANTOR FITZGERALD NAPLES, FL 34102 NAPLES, FL 34108 9130 GALLERIA CT STE 104 NAPLES, FL 34109 MR STEPHEN FOSS MR WILLIAM FOX MR J RICHARD FREEMAN 45 FAIRWAY DR 8435 SHOREWAY DR 4 OLD BELLE MONT RD RYE BEACH, NH 03871 INDIANAPOLIS, IN 46240 CHESTERFIELD, MO 63017 STEPHEN FRENCH WILLIAM FRITZ MR JON FULLER 7 WESCOTT LN P.O. BOX 4654 15031 HERON LAKE CROSSING SOUTH BARRINGTON. IL 60610 OAK BROOK, IL 60522 FORT WAYNE, IN 46814 MR FRANK GALEANA MRS JERRY GALEANA MR R WILLIAM GARDNER GALEANA AUTOMOTIVE GRP 13323 ROSEWOOD LN 5603 BALLINARD LN 14375 S TAMIAMI TR NAPLES, FL 34119 CHARLOTTE, NC 28277 FT MYERS. FL 33912 MR DAVID GARVIN MR WILLIS GILLETT MR STEVEN GOLDSTONE IRONWOOD FARM 892 CLARISSA COURT 205 SILVER SPRING RD P O BOX 1590 NAPERVILLE, IL 60540 RIDGEFIELD, CT D6077 BOWLING GREEN, KY 42102 SUSAN GRAUNKE JAMES GROSS MR JOHN HAAG C/O LAKE CAPITAL 350 S FIRST ST U201 3437 BROOKPOINT LANE 676 N. MICHIGAN 03900 ST CHARLES, IL 60174 CUYAHOGA FALLS, OH 44223 OHICAGO, IL 60611 Agenda Item No. 813 January 26, 2010 Page 113 of 188 MR JOHN HAIMBAUGH J JOHN HARDING E EDWIN HARRISON ELECTRONIC SALES & END C CIO JANE BUCKTHAL 4 462 FOREST LANE T739 E 88TH ST 1 1021 W STAFFORD DR W WADSWORTH. OH 44281 INDIANAPOLIS, IN 46150 E EAGLE, ID 83616 MR ROBERT HAYES M MR, JAMES F.P. HAYHURST MR JAMES HARTMAN M 1S0 PRINCETON SHORES BLVD HORIZONS PH 201 S UNIT 1504 1 MR JAMES HOLDEN MR JOSEPH HOLMES MR JOCHEN HOLY 1700 GALLEON OR 7044 VERDE WAY RINGS EEWEG 7 NAPLES, FL 34108 0-83707 BAD WIESSEE NAPLES, Fl 34102 GERMANY, MR DIETMAR HOPP E. MICHAEL HOUSE MR ED HOWARD 1135 DORMIE DR 6447 LUPTON OR SRENNAN &HOWARD INC DALLAS, TX 75225 30 W MARKET ST NAPLES, FL 34108 30 AKRON, OH 44333 MR CRAIG HUDSON MR JAI61ES JANOSEK MR FREDERICK JARVIS FIDELITONE INC J2TECHNOLOGY INC B14 RUE DE VILLE 1260 KARL CT 2180 W 114TH ST NAPLES, FL 34108 WAUCONDA, IL 60084 CLEVELAND, OH 44102 DR MILAN JELINEK MR THOMAS JOHNS DR VINCENT JOHNSON JR ICS TRADING AG 373 CARLTON PL 6171 BAY COLONY DR 1403 NEUHOFSTRASSE 12 CH 6340 NAPLES, FL 34108 NAPLES, FL 34108 SWITZERLAND, MR DANIEL JONES MR LYNN JOSEPHSON' MR AL JUOZAITIS 450 ROSEMEADE LN 6561 AUTUMN WOODS BLVD 1522FORESTAVE NAPLES, FL 34105 NAPLES, FL 34109 RIVER FOREST, IL 80305 MR SONNY JURGENSEN MR ECKHARD KAMMER DR PAUL KARDON 1479 EVANS FARM OR SRACHTSTRASSEE 27 UNIT 301 ESSEN 45133 269 SAREFOOTBEACH BLVD MCLEAN,VA 22101 GERMANY. BONITA SPRINGS. FL 34134 DR KEITH KAUFMAN JOHN KELLY MR DONALD KELLY 305 LAKE POINTE DR 1110 CHESTNUT ST DP KELLY & ASSOCIATES AKRON, OH. 44333. CHICAGO, IL 60622. 701 HARGER RD STE 190 OAK BROOK, IL 60521 MR SONNY JURGENSEN MR ECKHARD KAMMER DR PAUL KARDON 1479 EVANS FARM OR SRACHTSTRASSEE 27 UNIT 301 ESSEN 45133 269 SAREFOOTBEACH BLVD MCLEAN,VA 22101 GERMANY. BONITA SPRINGS. FL 34134 DR KEITH KAUFMAN JOHN KELLY MR DONALD KELLY 305 LAKE POINTE DR 1110 CHESTNUT ST DP KELLY & ASSOCIATES AKRON, OH. 44333. CHICAGO, IL 60622. 701 HARGER RD STE 190 OAK BROOK, IL 60521 DR KEITH KAUFMAN JOHN KELLY MR DONALD KELLY 305 LAKE POINTE DR 1110 CHESTNUT ST DP KELLY & ASSOCIATES AKRON, OH. 44333. CHICAGO, IL 60622. 701 HARGER RD STE 190 OAK BROOK, IL 60521 Agenda Item No. 8B January 26, 2010 Page 114 of 188 PARS BYRD KELLY ROBERT KENOST PATRICK KERRIGAN 6330 COUNTY LINE RD APT 1424 11D ST EUSTACIUS LN BURR RIDGE, IL ODS21 20D N ARLINGTON HEIGHTS R BONITA SPRINGS, FL 34134 ARLINGTON HEIGHTS, IL 60004 DR GHASSAN KHAYYAT MR JAMES KILTS THOMAS KING 780 RIDGECREST RD CIO AYCO CO.7PERS. ACCTG. 16 MULBERRY WALK AKRON, OH 44303 PO BOX 425 LONDON, UK SW3 6 SARATOGA SPRINGS, NY 12886 MR KENNETH KINSEY PETER KLEIN MR JOSEPH KOTLARZ RBC DAIN RAUSCHER 6 THE CROSSING 896 N GREEN BAY RD 221 THIRD AVE BE STE 560 PURCHASE, NY 10577 LAKE FOREST, IL 6OD45 CEDAR RAPIDS, IA 52401 MR JOHN KROL MR TJ KUKK MRS JUDY KUKK 1001 GENERAL STEVENS OR 3660 GIN LN 3660 GIN LN WEST CHESTER, PA 19382 NAPLES, FL 34102 NAPLES, FL 341C2 MR WILLIAM LANGLEY MR GARDNER LARNED RALPH LARSEN 563 GORMIGAN LN PO BOX 1825 UNIT 22o2 NAPLES, FL 34110 NAPLES, FL 34106 8473 BAY COLONY DR NAPLES, FL 34108 MR VINCENT LASPROGATA MR JAMES LEAHY MR RON LEMMON 4420 PRESERVE WAY 12749 S 74TH AVE CANO PACKAGING CORP NAPLES, FL 34109 PALOS HEIGHTS, IL 60463 BOD W UNIVERSITY DR ARLINGTON HTS, IL 60004 RICHARD LENNY MR ERICH LETTL MR DAVID LIPMAN 1020 E. Havenviood Lane PO BOX 112768 1205 POCANTICO LN Lake Forest, IL 60045 NAPLES, FL 341D8 NAPLES, FL 34110 MR. ROLAND LIVNEY MR STEPHEN LOCKWOOD MR FRED LOMBAR DO 945 DEAN AVE SJ LOCKWOOD 8 CO 1225 TIMBERGROVE RD HIGHLAND PARK, IL BOD35 9 ATLANTIC AVE SHAVERTOWN, PA 18708 MARBLEHEAD, MA 01945 , MR GEORGE LORCH MR EDWARD LOTT DON MAGEE 1125 DORMIE OR NE 6440 STONEHAVEN DR MIDWAY BUILDING SERVICES NAPLES, FL 34106 DALLAS, TX 75254 2425 DEVON ELK GROVE, IL SOOD7 MICHAEL MAGEE MR GARY MALLOY MR MALCOLM MALLOY III PRIME ELECTRIC CO INC UNIT 202 2833 RIC34ARDSON DR APT 7A 215 SOUTH ABERDEEN ST 28808 SAN LUCAS LN CHARLOTTE, NC 28211 CHICAGO. IL 60607 BONITA SPRINGS, FL 34135 Agenda Item No. 8B January 26, 2010 Page 115 of 188 MICHAEL MCGAVICK TERRENCE MCGLINN SR JOHN MCGLINN. II THE HIGHLANDS P O SOX 5829 124 JAFFREY SEATTLE, WA 98177 WYOMISSING, PA 19670 MALVERN, PA 19355 TERRANCE MCGLINN, JR. MR JAMES MCGLOTHUN MR JAMES MCHUGH 1754 READING BLVD 1005 GLENWAY AVE 24626 DIAMOND LAKE RD WYOMISSING, PA 18610 BRISTOL. VA 24201 LONG GROVE, IL 60047 MR JAMES MCHUGH MR BARREN MCINTOSH MR RICHARD MCINTYRE 6555 DIAMOND LAKE RD 2819 EWING BEND DR 81 SEAGATE 8901 LONG GROVE, IL 60047 BOWLING GREEN, KY 42103 NAPLES, FL 34103 PAR JOHN MCNAMARA MR JOHN MAROUS MR JOE MARTIN JR MR JULIUS MARKS 705 MERRIMAN RD MARTIN SPROCKET & GEAR UOERTY LINCOLN-MERCURY 28 THE TRILLIUM 947 MILWAUKEE AVE PITTSBURGH, PA 15238 PO BOX WSW AKRON, OH 44333 ARLINGTON, TX 78015 LIBERTYVILLE,IL SDO48 MR TULL MONSEES MR PHILLIP MOORE MR RICHARD MASLOW THOMAS MASSEY DR, PHILLIP MATHIAS MONTVILLE, NJ 07045 6445 MYSTIC GREENS #2104 2240 PINE WOODS CIRCLE HUNTSVILLE GOLF CLUB 30 HAYFIELD RD NAPLES, FL 34113 NAPLES, FL 34105 SHAVERTOWN, PA 16708 - ROBERT MCCARTHY, JR. MR SAMUEL MCCULLOUGH MARK MAYNARD 722 S. PARK AVE 1106 CROSS KEYS RD 4575 CONCORD DR FAIRVIEW PARK, OH 44125 HINSDALE, IL 60521 READING, PA 19805 MICHAEL MCGAVICK TERRENCE MCGLINN SR JOHN MCGLINN. II THE HIGHLANDS P O SOX 5829 124 JAFFREY SEATTLE, WA 98177 WYOMISSING, PA 19670 MALVERN, PA 19355 TERRANCE MCGLINN, JR. MR JAMES MCGLOTHUN MR JAMES MCHUGH 1754 READING BLVD 1005 GLENWAY AVE 24626 DIAMOND LAKE RD WYOMISSING, PA 18610 BRISTOL. VA 24201 LONG GROVE, IL 60047 MR JAMES MCHUGH MR BARREN MCINTOSH MR RICHARD MCINTYRE 6555 DIAMOND LAKE RD 2819 EWING BEND DR 81 SEAGATE 8901 LONG GROVE, IL 60047 BOWLING GREEN, KY 42103 NAPLES, FL 34103 PAR JOHN MCNAMARA MR S PROSSER MELLON KENNETH MEYER 1801 GULF SHORE BLVD N LAN E 10 0 EVERGREEN LANE RICHARD KMELLON &SONS 70 705 MERRIMAN RD 176 HUNTLAND DOWNS BOX K VJINNETKA, IL 80093 NAPLES, FL 34102 UGONIER,PA 15658 MR ROBERT MEYERSON MR. RICHARD MICHELSON DOUGLAS MILLER 705 MERRIMAN RD 2560 WOODRUFF CT - ELANTIS CORP 791 WYE RD AKRON, OH 44305 WESTLAKE. OH 4.1145 AKRON, OH 44333 MR RICHARD MILLER MR TULL MONSEES MR PHILLIP MOORE 78 WEDGEWOOD DR 1025 HUBBARD PLACE 13 ARMADA MONTVILLE, NJ 07045 WINNETKA, IL 60093 HILTON HEAD ISLAND, SC 29928 PAR FRANCIS MORLEY MR FRANK MOSIER THOMAS MURRAY UNIT 401 19520 FRAZIER OR tOB KRAML DR 7575 PELICAN BAY BLVD. ROCKY RIVER, OH 44115 BURR RIDGE, IL 60527 NAPLES, FL 34108 Agenda Item No. 813 January 26, 2010 Page 116 of 188 MR M H MYNHI ER MR. RONALD NELSON DR KLAUS NEUGESAUER 145 CARIBBEAN CT UNIT 1C 73 PIENZENAUERSTRASSE NAPLES, FL 341DB 158 N OAK PARK AVE MUNICH 81925 OAK PARK IL 603D7 GERMANY, LT GEN JOHN NOWAK (USAF, RET) MARK NUGENT MR PATRICK O'MEARA ' 8143 N FRUITPORT RD 60 TWIN OAK RD ANN ARBOR RAILROAD SPRING LAKE, MI 49456 SHORT HILLS, NJ 07078 P 0 BOX 38D HOWELL, MI 48844 LESLIE O'NAN JAY ORTUP MARTIN OSMOND C!O JULIE A. BURNS CPA PC 4885 LAKES CLUB DR 85D1 GRENNAN WOODS '25 07TAVJA AVE NW STE 237 WESTERVILLE, OH 43082 POWELL, OH 43065 GRAND RAPIDS, MI 49503 JOHN PALMER SEBASTIAN PALUMBO MR CHARLES PARENTE 676 MERRIMAN RD ORANGE CRUSH, LLC 228 CHURCH RD AKRON, OH 44303 321 CENTER ST HARVEY'S LAKE, PA 18618 HILLSIDE, IL 80162 PAR SCOTTY PATRICK ANDREW PICCIONE MR JOHN PICOTTE 8575 DANBURY BLVD APT 204 26371 ROOKERY LAKE DR PICOTTE COMPANIES NAPLES, FL 34120 BONITA SPRINGS, FL 34134 2D CORPORATE WOODS BLVD ALBANY, NY 12211 PAR GEORGE PIPER MR HAROLD POLING JOHN POLLOCK 3545 GORDON DR 316 MID VALLEY CTR #278 3935 NEWDALE RD NAPLES. FL 34102 CARMEL, CA 93923 CHEW CHASE, MD 20615 PAR NICHOLAS PONTIKES MR WILLIAM PONTIKES MR JEFFREY POWELL 1230 ALTGELD 1001 HOFFMAN LANE 809 Westy,"Aye. CHICAGO, IL 60614 RIVERWOODS. IL 60016 Nashville, TN 37205 MR EUGENE PRITCHARD MR LAWRENCE PUGH MR WILLIAM PULTE 3952 DEEP PASSAGE WAY 5919 GREENTREE OR 1222 ORCHARD RIDGE RD Naples, FL 34109 NAPLES, FL 34108 BLOOMFIELD. MI 48304 MR CLYDE QUINSY WILLIAM RAVELS MR RAYMOND RHATIGAN 13102 BALD CYPRESS LN WM RAVELS REAL ESTATE 3430 OYSTER BAY COURT NAPLES, FL 34119 2525 POST RD CINCINNATTI, OH 45244 FAIRFIELD, CT 08690 MR. GREGORY RIGBY JAMES RINGLER MR ROBERT ROBBINS 150 WESER BLVD N 1490 LAKE_ RD 4634 5 CHIPPING GLEN NAPLES. FL 34120 LAKE FOREST, IL 60045 BLOOMFIELD HILLS, MI 48302 Agenda Item No. 813 January 26, 2010 Page 117 of 188 MR WILLIAM ROBISON MR GEORGE ROOOSKY MR JOHN ROGERS 26051 OSPREY NEST CT 608 5 GROVE AVE 15941 GLENISLE WAY BONITA SPRINGS, FL 34134 BARRINGTON, IL 60010 FT MYERS, FL 33912 E, EARL ROLAND MR A JAY ROSE MR KELLY ROSE ROLAND MACHINERY CO 7637 MONTELLO RD STARCRAFT CORP PO BOX 2879 INDEPENDENCE, OH 44131 P O BOX 1803 RUSSELL SCURTO MR THOMAS SHANTZ GOSHEN, IN 46 527 SPRINGFIELD, IL 62704 3 BUCKTHORN LN 10577 JUMPER LANE MR ALT ON ROSS JR MR NORMAN RYAN MR DOUGLAS SARRAZINE 3000 NEW MATCH EZ TRACE 1679 PERSIMMON OR TLK INDUSTRIES INC NASHVILLE. TN 37215 NAPLES, FL 34109 PO BOX 567 1340 DEPOT ST PARK RIDGE, IL 60068 DUNDEE, IL 6D115 MR THOMAS SAVAGE MR ROLAND SCY.AFROTH SHEPARD SCHEINBERG 3120 NE 46TH ST PIENZENAUERSTR 162 4261 MONTALVO CT FORT LAUDERDALE, FL 33308 MUNICH D81925 NAPLES, FL 34109 GERMANY, MR MARTIN SCHOTTENHEIMER JAMES SCOTT GREGORY SCURTO 19825.8 NORTH COVE RD 285 LAKESIDE WAY 222 WESTFIELD WAY CORNELIUS, NO 28031 BOWLING GREEN, KY 42103 BARRINGTON HILLS, IL 60010 RUSSELL SCURTO MR THOMAS SHANTZ DAVID SHEPHERD 228 WESTFIELD WAY 3 BUCKTHORN LN 10577 JUMPER LANE BARRINGTON, IL 60010 SAVANNAH, GA 31411 CARMEL,IN 46032 MR D MICHAEL SHERMAN LISA SIMPSON MR DAVID SIMPSON DAWSON CO 828 HASTINGS ST 3770 RUM ROW 1340 DEPOT ST PARK RIDGE, IL 60068 NAPLES, FL 34102 CLEVELAND, OH 44116 PAR JOHN SLEVIN MR EDWARD SMEDS MR ROBERT SMIGEL 730 N PROSPECT AVE 7575 PELICAN BAY BLVD UNI 2103 LANDS END PARK RIDGE, IL 60068 NAPLES, FL 34108 WESTLAKE, ON 44145 MR DANIEL SMITH MR DERRICK SMITH JAMES SOBOLESKI .255 GREAT OAKS DR SUITE 110 3006 SCOTT ST. WILMINGTON, NC 28405 9130 GALLERIA CT DES PLAINES, IL 60018 NAPLES, FL 34109 MR ANTHONY SOFOS MARK SOKOLIS WILLIAM SOKOLIS 1920 CRAYTON RD KOLE CONSTRUCTION 13225 MAPLE AVE NAPLES, FL 34102 1235 NAPERVILLE DR LEMONT. IL 60439 ROMEOVILLE, IL 60446 Agenda Item No. 813 January 26, 2010 Page 118 of 188 AR ROBERT SOMERVILLE MR GEORGE SORDONI DON STEADMAN 12841 OAKVIEW CT NEWBERRY ESTATE ALUTECH DECORATING CO HOMER GLENN, IL W491 644 MEADOWS 1227 NAPEWALLE DR DALLAS, PA 18612 ROMEOVILLE.IL 60446 MR WILLIAM STEERE JR MRS BETSY STEINBRINK MR JOHN STEINHAUER 27471 HARBOR COVE. CT 81 SEAGATE DR UNIT 902 1SO $ MAIN ST UNIT SW BONITA SPRINGS, FL 34134 NAPLES, FL 34103 AKRON, OH 44308 MR MICHAEL STEVENS DONALD STRANG LINDSEY STULTS 1170 MASSEY ST 26040 FAW NWODD CT 5491 S COLONIAL RIDGE OR NAPLES, FL 34120 BONITA SPRINGS, FL 34134 BRISTOL, IN 48507 MR G. RAY STULTS WILLIAM SULLIVAN DANIEL SWIGLO 17460 VALENTINE CT SULLIVAN & CO. 112 CALLENWOLDE CT BRISTOL, IN 46507 141 W JACKSON BLVD STE 3 EATONTON, GA $1024 CHICAGO, IL 60604 MR PAUL TAMRAZ DR M EUGENE TARDY JR MR LEE TENZER MOTOR WERKS 651 JACANA CIRCLE 81 SEAGATE DR APT 1903 1475 BARRINGTON RD NAPLES, FIL 34105 NAPLES, FL 34103 BARRINGTON, IL 60010 MR MICHAEL THOMAS MRS. FIAMMETTA TONOURY MR DAVE TOWELL 1020 E DUPONT RD STEINORT 389 DAVE TOWELL CADILLAC (NO FT WAYNE, IN 46825 FL -9497 TRIESENBERG 111 W MARKET ST LIECHTENSTEIN, AKRON, OH 44303 MR NICHOLAS TRIGONY MR JOHN TUCKER MR WILLIAM VAN METER • 30 N DEVEREUX CT 11 CHADWELL PL 420 Palm Cl,cla East ATLANTA, GA 30327 MORRISTOWN, NJ 07960 NAPLES, FL 34102 MR JAMES VAN PELT DR DONALD VINING MR JOSEPH VOLANTI 704 HEATHERY LANE 411SCUTLASSLN 191 BARRA LANE NAPLES, FL 34108 NAPLES, FL 34102 INVERNESS, IL BOOS7 MR BRENTON WADSWORTH MR, JOHNNY WEBS MR RONALD WEINBERG WADSWORTH GOLF CONST 2531 STH AVE SOUTH HAWKCORP '3941 VAN DYKE RD NAPLES, FL 34102 200 PUBLIC SQ STE 1500 PLAINFIELD, IL 60544 CLEVELAND, OH 44114 MR GERALD WELCH MR GIFFORD WELLS MR LOUIS WESTOL 25011 OSPREY NEST CT 671 FAIRWAY TERRACE 2722 ASPEN COURT BONITA SPRINGS, FL 34121 NAPLES, FL 34103 GLENVIEW, IL 60026 MR GENE WINDFELDT 109 FIUPE LN BONITA SPRINGS, FL 34134 MR DENNIS ZACHO 311 ELOWES GREEK RD TOM WINOFELDT 385 SEA GROVE LANE #'D2 NAPLES, FL 34110 OR CHARLES ZELLER 18EC WHITES RD STE 3 EAU CLAIRE, WI 54701 KALAMAZOO, All 49WS Agenda Item No. 8B January. ?6, 2010 Page 119 of 188 MARK YANKS 864 ROBINWOOD HILLS DR AKRON, OH 44333 ff �1 Agenda Item No. 8B - uary 26, 2010 e 120 of 188 01188680 aSEP13 Ma08 1864 000640 COLUER COUNTY RECORDED OR BOOK PAGE{ PtrlrM fL3T/6 D6 dmentary Steop Tim /^ � ! q '}3 7 b y.00 DWIGHT f Class ersonal Propertr Tax of � m 7 0 00 f'�T E. Cr CL OF C1RNIT COURT itil'..... - 3 tND.., mmr^ nail /t 69- Dec. i8pm Abne7Rb LM Por Special Warrannty Deed Thw hidentere, Med 7 etbb &Y -f September, 1993 4.D., Between OFC OF NAPLES, INC., a corporation existing under the laws of the state of FLORIDA .rae Cbd,dyof COLLIER sewer Florida ,grantor, .d OLDS FLORIDA GOLF CLUB, INC., a corporation existing under the laws of the state of FLORIDA wer.rm..A:3800 Airport - Pulling Rd., NAPLES, Florida 33942 .ra.C..W M COLLIER " see., Florida , grantee. Witjoseedh aud.OwsMioR. r.r.s lne.Wa.abn ma.sm.r - - - - - - - - - - _ DO - - TEN & NO /100($10.00) - - - - - - - - mdemusaaemN.rbMmmMmme.ORANrOa Ie Ne4P3abY MIAM 3. Ow rtmq:rh.mfl,beaby.ew..bdead . mO bUpdMd.AdAV1dAAftMW oNerO MS ae rn 'd R.ft"A,aalwa Collier �R� i Agenda Item No. 813 amonuary 26, 2010 age 121 of 188 joa6ia Warranty . Dead Page 2 look 00064 1 PAN UR BOOK to, or the use of the Phase I conveyance Pertaining to so club Facilities or to membership in the olde Florida Golf club, S. Any and all encumbrances or liens, easements, dedications* agree nts, licensee, restrictionog rights-cf-waY and-ot t n a li 16 to the Phase 1 Real Property Or hdreaft t imposed, or suffered to be placed upon such property predecessors title in connection with the use Of the phase I al Tula recreational facilities; 5. Any mortgage(s) that may encumber or be placed upon the Real property in connection with the acquisition thereof Phase I Rei I club xmproveMuta and/or the construction of the Phase thereonj 7. RevervatiOU Of Oil gas and mineral rights originally D'seds recorded in D Od Book 30, Page reserved in those certain , and cm"yed to 016= 91. and Dead Book 41, rage 2456; )cratim in O.R. Book 160, Page 11 and Corporation, a Florida corl the Public Records of Collier O.R. Book 160, page 39, all Of county, Florida, �icea, labor or B, Any lion of claim of lien for sofa the Notice of material which my take priority by reason age 1632, Of the Comecoment recorded in O.R. Book 1824, P Public Records of collier C crida. w+ } x Agenda Item No. 8B low -' '" nuary 26, 2010 ge 122 of 188 BOOM WILSON MILLER BARTON & PEA W PliQEd 40- @F�ee,y }WmR MOn9oro leedwP �INOO�ODUI COenAeMOl CannnN" l4wgW wo .F,Fldwaowu.mvmwvu,.•.uwnwawyn rwu.uw. a4wnowmAwaln DueslPhPof old Fwh Dolt Qwb Pbw I bNpKa PW OtSCO IN %I,TWOMP 49 Swd1, RW "7 EW. COMMON COOOq. Florida Reo 4L-IM /ne:OlO7 -. Dq August 277 199J r Ro,d Od AMMIY IITea s FuP181AH11 41vuroN Fnl W>n� LUikNNd Fi.PN >j�dN1 1)N ',eFGd xd 1.1f ild COWER WIWNT E, arm. gWlNC GY 22 D. mot(K PREPARED BY AND RETURN TO: Doug muck, Esq. Gund",yoakley, VaMn-Fauti do StcWaM P.A. pWWps point, Suite 500 East 777 South Hagler Drive Pori Office Boa 4597 West Paim Beach, Florida 334024597 Parccl ID C.trarliEe`B Agenda Item No. 8B 2221583 OR: 2343 r ei2f °88 lttala is OMCM wcM of Ca3H1t MM, 4 111#3111 at 11111111111#1! 1. Mae CM CM 114444-44 aC 1ti1 11.0 me -.1# 15111.44 hu: C11111t IMF R a 111 I Ram It Isla AUMftflinW:*lAWI97 — 299036 AM 21 1197 ORB 9948 Fe 2428 1 11516616ll l all 111 t1 t#tt Con 21250 OO-00 Duc 00750.30 THIS SPECIAL wARRANTY DEED is made this'lx%y of August 1997, by OFC OF NAPLES, INC., a Florida corporation C.,Unn e), to OLDE FLORIDA GOLF CLUB, INC., a Florida corporation ( "SfmoMe7, the mailing address of which is 9393 Vanderbilt Road Ext., Napier, Florida 34120. ` `, R CPU %4 NES That Grantor, for in o "era e o DOLLARS ($ 10,00) and other t ch is y ledged, grants, bargains and good and valuable cons# o the ier ounty, Florida ( "Effit> W), sells to Grantee all of it which is more particularl de SEE EKH, B= ACHED D A PART HEREOF. TO HAVE AND TO a same ink orever, subject to all restrictions, taxes and assessraeats for the year reservations, covenants and easeme attonr and restrictions imposed by any 1997 and years subsequent thereto; governmental authorities, and matters which would be disclosed by a current and accurate survey WW inspection of the premises, with Grantee that at the time of delivery of this Decd the GRANTOR does hereby covenant Will warrant premises were free from oencu claims of a111reersot+s• claiming by throes or Grantor Grantor, but defend the same against against none other. Note: This document was erroneously recorded in Palm Beach County, Florida Agenda Item No. 8B January 26, 2010 Page 124 of 188 ORB 9948 Ps 1419 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and the year first above written. Signed, sealed and delivered in the presence of: State of Ohio County of Sutton The foregoing i Toomas J. Kukk. the Pi corporation and who is 276229.1 KC OFC OF NAPLES, INC., a Florida corporati T J, tton Ey -: - -- kk, President (CORPORATE SEAL) me �u�y of �� 1997, by gal ri corporation, on behalf of the Yv�� as identification. State of Ohio M sumNo. ' , KM A VM ! IUhryl4hftVAIMdtI1MM OawawMN6� +tAati,it101 �.. �^7 N W W s•+ t~a+ s.a 06 9948 Ps Agenda Item No. 8B January 26, 2010 142dage 125 of 188 • DOROTHY H. OLKEN, CLEW PE 'COMM FL EXHIBIT "A" All of Section 31, Township 48 south, Range 27 East, less the East half of the Northeast quarter thereof, Collier County. Florida, And Less: All that put or Section 31, Township 41 South, Range 27 Ent, C011ler Couuty, pbrlda, being mote particularly dialbed n follows; EEOINNINO at the sanhwett cotmr of Section 3t,'fownthip 41 South, "a 27 Ent; theme along the wet lithe of said Section 31, Nonh Ot 009'24' West 171.66 feet; thence leaving said west line Nortb 18'50'36' Ent 127.49 feet; thence North 61.11'27' Ent 312.23 fen; thence South 13'37'40' East 1074,19 feet; theme Notth 12.3'439' Ent 90.52 tat; , theme North 74134'44' Wit 439.14 fee: thence Notth 19.59'36' Wen 531.03 reef; thence Nalk 47'32'10' Wit 131:01 �g co owns Notth 29'27'34' Wan 131. r thence North 06'4719' Wit 2 theme Notlk 15.09'12' nc East ; thee Nook 01'50'46' W fee, theme North 19'57,51' theme Notlk 32.2 ' en 1.63 feet;; _ them North 24W47 Eit fd l I j V them North 63'03'p sit 8. fed H them Sooth 60'2419' 6 them $taab 69.33620' thence Soulk 66'4S'S4• 357 fen; them South 41.21'25' fee, Q them Soulk 09'23159' 1 feet: theme Soulk60.56'19'Batt these StmN6 16.1070' s a e4*i�" theme 1.2r giant i6ao.73 ��X:E C � theme Sat 51'09'20' Ead 246.90 feet; '. theme South 17108'46• Ent 135.69 feet. them South 05.1117V Bet 174.19 fat: them Salk 36.22' 19' EM 8S,39 fed; them South 01.28'39' Wit 193.59 fde, theme South 20'43'36' Won 37,31 fed; theme NtnIA 8962113' Ent 132.49 fed; them South 00'38'07' Ent 600.72 fat; theme Natit t7.40TV Eat 1319.77 fed to a point on the tact 114 eoraer of said Section 31; them along die east Ilse of uld Staten 31. South 00'39'23' Ent 261233 fed W the toutheart Meet of said section 31; them &loos the south line of said Section 31, South 87133'34' W at 5136.01 fed to the Point of Beginnlog of the patent herele described; containing 254.14 tai more or lit; subject to easements sad restri"10" of record; bearings are bued on the mouth Jim of nW Section 31, being South 87.55'34' West. sk C Bob Wr 4? 4JA a► s� Agenda Item No. 813 RZ- 2008 -AR -13951 Jaanyk�t226, 0806 OLDE FLORIDA GOLF CL�� $ Project: 2008100005 Date:11 /5/08 DUE: 12/8/08 OLDE FLORIDA GOLF CLUB PROJECT NARRATIVE The subject property is 553.67 acres and is designated Rural Fringe Mixed Use District (RFMU) Neutral Land by the Future Land Use Element (FLUE) of the Growth Management Plan. The property contains an 18 -hole golf course and supporting facilities and open space. The property also contains a conservation area in the northeast comer which contains approximately 51 acres of land and which will not change as a result of this application. It is the applicant's intention to rezone the property from Golf Course to Agriculture. Permitted uses as of right within the RFMU Neutral Land designation include agriculture, single - family dwelling units and golf courses. The zoning on the property, however, is Golf Course, which only allows for golf course, clubhouse, maintenance facilities and a caretaker's residence. The proposed zoning of Agriculture allows for a broader range of uses and provides greater flexibility for the land owner by allowing agriculture, golf course and single - family dwelling units by right, in accordance with the FLUE and the Land Development Code. No development plans have been made at this time. The owner of the property, Olde Florida Golf Club, Inc., simply wishes to increase the flexibility of uses on the land. In assessing the traffic impacts, county transportation staff requested that the most intense of the potential land uses be analyzed, which they determined was a maximum of 110 single - family dwelling units. All the "by right" uses in the RFMU Neutral Land designation which are allowed in the Agricultural zoning district have been assessed for their consistency with the existing land use pattern in the area and their potential effects on adjacent properties. The evaluation criteria in the Application for Public Hearing demonstrates that the range of potential "by right" uses are consistent and will not negatively impact adjacent properties. If and when the land owner moves forward with a development plan, a plat or site development plan (SDP) approval would be required prior to breaking ground. An additional traffic impact statement would be required to analyze the impact of the proposed uses on the surrounding roadways. During the process of obtaining the plat or SDP approval the additional native vegetation preserve location(s) would be identified. According to the Conservation and Coastal Management Element of the Growth Management Plan, RFMU Neutral Lands are required to preserve 60% of the existing native vegetation, not to exceed 45% of the total site area. On April 28, 2008 the applicant met with County Comprehensive Planning staff to discuss the best course of action to achieve greater flexibility on the site and gain access to the uses by right in the RFMU Neutral Land. Staff agreed that a rezone from Golf Course to Agriculture would be necessary. Staff also confirmed that the existing golf course would not be required to meet the Audubon criteria listed in the RFMU section of the Growth Management Plan because a) the golf course was designed and built prior to the RFMU standards being adopted, and b) the golf course voluntarily participates in the Audubon Cooperative Sanctuary Program, which is the only Audubon program in which existing golf courses may participate. ,a,arsoaa- mnss.vor. �- acneaie. NOiM -0tb�ppt -PZON -3M26 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 8B 2800 NORTH HORSESHO""26, 2010 NAPLES, FLORIDA 34104Page 127 of 188 (239) 403 -2400 FAX (239) 643 -6968 RZ- 2008 -AR -13951 REV: 1 OLDE FLORIDA GOLF CLUB Project: 2008100005 DUE: 12 /8/08 Date: 11/5/08 REZONE -STANDARD , PRE - APPLICATION MEETING NOTES Date: 91301U? Time: XW Firm:Y)CM6r �PJA W- bi)Asbl1 Hided Project Name: OLDS I=LOQIDA isbLF G1-05 Applicant Name: 53rym_ Phone: (off 4040 Owner Name: Owner Address: Assigned Planner: �aw, -t 2Se. k1/!rl Meeting Attendees: (attach Sign In Sheet) PLANNER MARK IF NEEDLD TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner orlor to the due date a SCHOOL DISTRICT PARKS & REC - Ame do Townsend &rrt4 Whanw SUPERVISOR OF ELECTIONS Y, IMMOKALEE WATER/SEWER DISTRICT DR/EM1 -EMER. MGMT -Jim Von Rintein YN UTILITIES ENGINEERING - Zamira Deltoro X CITY OF NAPLES, Robin Singer, Planning Director CDES Coordinator -Route Sheet only BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT Executive Director REZONE - STANDARD January 26, 2010 (RZ) APPLICATION Page 128 of 188 SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Additional set if located in the Bayshore /Gateway Triangle Redevelopment Area or within 1/2 of City of Naples I Completed Application download from website for current form) 20 ✓ Pre-Application meeting notes 20 ✓ Project Narrative 20 Deeds Legal's 2 List Identifying Owner & all parties of corporation 2 Owner Agent Affidavit signed & notarized 2 Completed Addressing Checklist CAO rvbf¢- 2 Environmental Impact Statement (EIS) * or exemption justification 2 Digital /electronic copy of EIS 1 V Historical Survey or waiver request 4 ✓ Utility Provisions Statement s 4 yi Survey, signed & sealed Z trlafL 4 Traffic Impact Statement (TIS) or waiver (with applicable fees) 7 Copy of Traff k Impact Statement (TIS) on CDROM 3 Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend and project boundary 5 Electronic cop of all documents and plans CDRom or Diskette) 1 Site Plans 20 ✓ Applicant must contact Mr. Gerry J. Lacavera, State of Florida Division of Forestry @ 239 -690 -3500 for information regarding "Wildfire Mitigation & Prevention Plan ", LDC Section 2.03.08.A.2.a.(b)i.c. Fees: Application Fee: $6,000 + $25 per acre (or fraction thereof) e Review $750.00 Comprehensive Planning Consistency Review $500.00 Pre - application fee (Applications submitted 9 months or more after the date of the last Pre. application meeting shall not be credited towards application fees and a new pre - application meeting will be required). $2 n a $1000.00 Listed or Protected Species survey review fee (when an EIS is not required) $760.00 Legal Advertising costs for CCPC meeting J$363.00 Legal Advertising costs for BCC meeting (To be reconciled upon receipt of invoice from Naples Daily News) Please attach Separate Check for Transportation Fees, (Refer to Exhibit A): 13 $500.00 Methodology Review Fee, if required Cam. ALTZAz, T3 T>'4^'sPe}z.Z"°r: °" *Additional Fees to be determined at Methodology Meeting / Z 9/z37O8 Fee Total Agent Signor u Date Agenda Item No. 813 January 26, 2010 PUBLIC PARTICIPATION REQUIREMENTS Page 129 of 188 LDC 10.03.05 F.I. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal.notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. �o LL L I l W E 0. ^O NW W Y a J c 0 N 0 O c d `a Q W W M Z N a J � o. -O 0 W E n Z�Z' v w y 0 a -1>> i 0 N 0 N 0 0 N 0 N C m �N d y a d l0 d a N 1 W •� S ` tJ zr m _y o- �� uj In Ii. Z z rVJ[t:j\ �Y z �l N Ct IL LU \1 y LU g N Q -1>> i 0 N 0 N 0 0 N 0 N C m �N d y a d l0 d a N A-)� N N W 0 a J a W . 0.0 W m Z W Z ^l H a w 02 N ce LL Q 0 O z m 0 ` W a z Q N N O �n W 'O N U O 'O d' Q N _O N N L N C C O) w s o -- v a` 4 Olde Florida Golf Club Summary DeselemKay -rom: Brooke Gabrieisen [ BrookeGabdelsen @wilsonmilier.comj Sent: Thursday, September 11, 2008 12:07 PM To: DeselemKay Cc: Margaret Perry; John Passidomo Subject: Olde Florida Golf Club Summary Kay, Agenda Itgapd at 1 January 26, 2010 Page 132 of 188 We have a pre - application meeting set up for 2:30 p.m. on Tuesday, September 30 for a rezone from Golf Course to Agriculture for the Olde Florida Golf Club property. The property was zoned to Golf Course (GC) in 1991. Since that time one 18 -hole course has been constructed and is in use, and the club has decided to rezone the entire site and to use the RFMUD standards for development. Golf Courses and single - family dwelling units are allowed by right in the neutral designated areas. In order to do so, we are requesting a rezone of the property from Golf Course (which does not allow for single - family development) to Agriculture, which allows for both golf courses and single - family residential per the RFMUD. We met with David Weeks and Corby Schmitt on April 28, 2008 and they informed us that this was the proper course of action. Please let me know if you have any questions or concems prior to our pre- application meeting. Thank you, Brooke C. Gabrieisen Planner ^riisonMiller, Inc. .00 Bailey Lane, Suite 200 Naples, FL 34105 239.649 -4040 ext. 7107 wilsonMillercom Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. 9/29/2008 J Y, r d z L e a ryt r _e4 sa lot details Agenda Item kagDBI of 1 January 26, 2010 Page 134 of 188 Property Record Sketches 01W Qtice s Current Ownership -------------- Parcel No. 00219400103 Property Address 9405 VANDERBILT BEAC RD Owner Nems OLDE FLORIDA GOLF CLUB INC Addressesil 9393 VANDERBILT BEACH ROAD EXT C ity NAPLES State FL Zip 34126.1715 Legal 3148 27 PROPOSED OLD FLORIDA IF GOLF CLUB PHASE I DESC IN OR 1864 PG 840 Section Tovmshi Range —� Acres Map No. strap No. 27 N 482731007.0003031 Sub No. 100 ACREAGE HEADER Milian, Use Code 38 IMPROVED COMMERCIAL 132 11.665 2008. Preliminary Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roil Land Value $ 3,664,406.00 Data Book Page Amount —•� „mss. I ( +) Im roved Value $ 2,195,8D0.00 09 / 1993 IW-4 840 $ 1,974,000.60 (_) Just Value $ 6,860,206.00 SOH Exempt Value $ 0.00 i (= Assessed Value $ 5,860,206.00 ( -) Homestead and other Exempt Value $ 6.00 ( =) Taxable Value $ 5,660,206.00 SOH = "Save Our Homes” exempt value due to Cap on assessment Increases. The Information is Updated Weekly. i http:// Www. collierappraiser .comIRecordDetail. asp? Map= No &FolioID= 0000000219400103 9/29/2008 Collier County Zoning Map Viewer COLLIER Enter Parcel Folio Number: Enter Address: 00219400103 Naples Page lof1 inda Item o. 8B SI Mal y 2e, .Ze 1, Page 135 of 188 Zoom to Parcel Zoom to Address Selection Color 9 Q , <a G' T 0131ack @Aqua CGreen 013urgandy +p 0, Address Points EJ ® Coastal Construction • g Coastal Construction( • 0 Major Roads mall other values> NAME 111TH AVE N 15TH ST N 1ST ST S 5TH AVE S 0 Zoning. GC .........:.. ...... . Zoning Pettilons htfn• / /oie rnllir mnv nPthxr6hcitn (vnnincnrinurnr /APfanit aenv Q /�Q /�(1f1R To:92525724 Agenda Itef.19o38B January 2 , 2010 P COLLIER COUNTY GOVERNMENT 188 ADDRESSING DEPARTMENT Mar 2601) NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 l lwdS �nprere ute following end fax to the Addressing Department at 239- 252.5724 or submit In parson to the Addressing Department at the above atldress. Form must be sinned by Ad slnp oersannel error to ro.annn meetino, please allow 3 da .a for uroCesaina, P on Not all items will apply to every project. Items in bold type are required. Forms older than 6 months will require addiflonal review And approval by the Addressing Department. PETITION TYPE (check pefflon type below, complete a separate Addressing Checeist foreaeh petition Type) ❑ BL (Blasting Permit) ❑ BD (Boat Dock Extension) Camlvai/Clroas Permit Cl CU (Conditional Use) ❑ EXP (Excavation Permit) ❑ [] FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ ❑ PNC (Project Name Change) El ❑ PPL (Plans & Plat Review) El ❑ PSP (Preliminary subdivision Plat) ❑ PUD Rezone C1 RZ (Standard Rezone) Q SDP (Site Daveloptmani Plan) SDPA (SDP Amendment) SDPI (Insubetanilei Change to SDP) SIP (Site Improvernertt Plan) SIPI (Insubstantial Change to SIP) $NR (Street Name Change) SNC (Street Name Change — Unplatted) TDR (Transfer of Development Rights) VA (Variance) vier tvegstatlon Removal Permit) VRSFP (Vegetation Removal & Site FRI Permit) OTHER LEGAL DESCRIPTION of sub)ect property or properties (copy oflenpt tydeserJption maybe attached) ALL OF SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE EAST 112 OF THE NORTHEAST 114, COLLIER COUNTY, FLORIDA. {FO —eC, FOLIO Pro 1 4 ( PertY ID) NUMBER(s) of above (attach to, orassociats with. legal doscriplion Ifmore then one) 00219400103,0021916003 STREET ADDRESS or ADDRESSES (as apptfcable, if afrsady assigned) 10195 VANDERBILT BEACH RI) + LOCATION MAP must be attached showing exact location of prOOrtlaite in relation to nearest public road fight -of.way • SURVEY (copy - needed only for unPlatted properliss) PROPOSED PROJECT NAME (Ifappllcabig) N/A PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (theexisfing profects/sftes only) SOP or AR * Page I of 2 To:92525724 Agenda Itwoft 8B January 26, 2010 Page 137 of 188 ADDRESSING CHECKLIST. PAGE TWO Project or development names proposed for, Or already appearing in, condominium documents (If appllcalion; Indicate whether proposed or existing) Please check One: 10 Checkilst is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: BROOKE GABRIELSEN, FOR OLDE FLORIQA GOLF CLUB PHONE 239.649.4040 FAX 239.643.3716 Signature an Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department_ FOR STAFF USE ONLY Primary Number 4_ % o Address Number -3s Address Number Address Number Approved byth.+ Updated by: Date: IF OLDEN THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED G:1Cuitent1App1loaeon Fa , Page 2 of 2 btddre6elnp Checla,at rev auneoll.doc Margaret Perry, Agenda Item No. 813 January 26, 2010 Page 138 of 188 Based on FLUE provisions For golfcourses in the RFMUD, requirements specify they shall be designed, constructed and managed in accordance with Audubon's Signature progra m. The Olde Florida Golf Course however, was designed and constructed before the RFMUD was created and h41t Audubon Signature program certiFication was required. Audubon's Signdfureprogram is available only to newly proposed projects, including golf courses in the design or development stages. Audubon's Cooperative.idnctu3ryPrograM (AC5P) is.the alternative program available to existing golFcourses like Olde Florida. Both the SignBtareand the Sanctuaryprograms are characterized as ed"Ceion an4certiliaation programs, and the two embrace stgrAcantly similar land management and natural resource conservation practices. Both Include comprehensive management programs. Primary diFferencesbetweenthetwoprogramsinvolvenotthelandmanagementorconservationpracticesthemselves, but whether verification of ongoing program participation and compliance are conducted with on -site Audubon- certfked visits or by submitting documentation to Audubon International - and the associated costs for doing so. With these distinctions in mind, your rezone From GC to A should not bring about consistency issues From stafFrelated to the golf course itselF. However, Final determination of GMP consistency is made by the BCC during the rezone process, not staff. Initial Inquiry: Bill followed up with the director of golFoperations at Olde Florida regarding the Audubon classification for the course. Olde Florida is enrolled in the "Audubon Cooperative Sanctuary Program." The attachment explains the difference in the programs For your information. Olde Florida has maintained this status since 1995 and the required renewal reports have been submitted and accepted, along with the annual dues paid. In order to be in the Signature program, it is necessary to start the process during course design and construction. For obvious reasons, OFGC can't be expected to reconstruct the course, and because they voluntarily sought, achieved, and maintained their °sanctuary" status, I believe the intent ofthe RFMUD has been met. And keep in mind that the " sanctuary" status for OFGC pre - existed the RFMVD standards. Just want to get your confirmation that this wl Ag. ll not be a problem if the properly owner goes Forward with a rezone from GC to Agenda Item No. 8B January 26, 2010 Page 139 of 188 DeselemKa Subject: Pre App RZ; Brooke Gabrielsen, Agent Kay Deselem, Planner Location: Conference Room C Start: Tue 9/30/2008 2:30 PM End: Tue 9/30/2008 3:30 PM Recurrence: (none) Meeting Status: Accepted Required Attendees: DeselemKay; DarcoChristopher, BrookeGabrielsen @vAlsonmiller.com; abbott_a; AblerKenneth; AuclairClaudine; beard 1; BuchheitDavid; CallisCraig; CasalanguidaNick; chrzanowski s; DettoroZamira; GustTatlana; jarrell p; SawyerMichael; muller r, PodczerwinskyJohn; riley_m; Trinity.Caudill -Scott weeks—d; wiley_r Meeting Request Number: 4805 Meeting Type: preapplication Requested By: Brooke Gabrielsen on 02- Sep -08 Phone: 6494040 eMail: Brook eGabrielsenna wilsonmiller.com Representing: Olde Florida Golf Club Folio: 00219400103 Zoning: Golf Course Subject Type: Rezone Location: 10195 Vanderbilt Beach Road Ext. Description: This request is for a pre- application meeting to be arranged for a rezone from Golf Course to Agriculture. Agenda Item No. 8B RZ- 2008 -AR -13951 REV: 1 OLDE FLORIDA GOLF CLUB Proiect:2008100005 DUE: 12/8/09 Date: 11 /5/08 OLDE FLORIDA GOLF CLUB LISTED SPECIES SURVEY REPORT Prepared For: Olde Florida Golf Club 9393 Vanderbilt Beach Road Extension Naples, Florida 34120 Prepared By: WilsonMiller, Inc. 3200 Bailey Lane, Suite # 200 Naples, Florida 34105 OCTOBER 15, 2008 Agenda Item No. 8B January 26, 2010 Page 141 of 188 Tables Table 1 - Listed Vegetation Species Survey ............................................................ ..............................4 Table 2 - Listed plant species observed .................................................................. ..............................5 Table 3 - Listed plant species that could potentially occur but were not observed ............................... 5 Table 4 - Listed wildlife species that could potentially occur but were not observed ............................. 7 Table 5 - List of non- listed wildlife species observed .............................................. ..............................7 N01070mB V-.Sn ING N010I -ME001 - PZOI.'..1¢545 TABLE OF CONTENTS 1. INTRODUCTION ......................... ..............................1 2. VEGETATION SURVEY AND LISTED PLANT SPECIES ........1 2.1. Vegetation Survey /Mapping Methodology .............................................. ..............................1 22. FLUCCS Categories Documented On site ............................................ ..............................2 3. LISTED SPECIES SURVEY AND RESULTS .......................3 3.1. Survey Methodology ............................................................................... ..............................3 3.2. Listed Plant Species Documented Onshe .............................................. ..............................4 3.3. Listed Plant Species That Could Potentially Occur Onsite But Were Not Observed........... 5 3.4. Listed Wildlife Species Documented Onsite .......................................... ..............................6 3.5. Listed Wildlife Species That Could Potentially Occur Onsite But Were Not Observed ....... 6 3.6. Non - listed Species Documented Onsite (General Wildlife Observations ) ...........................7 4. SUMMARY ................................. ..............................6 4.1. Listed Plants ................ ....................................... ..............................8 4.2. Listed Wildlife ......................................................................................... ..............................8 5. REFERENCES ............................ ..............................9 Tables Table 1 - Listed Vegetation Species Survey ............................................................ ..............................4 Table 2 - Listed plant species observed .................................................................. ..............................5 Table 3 - Listed plant species that could potentially occur but were not observed ............................... 5 Table 4 - Listed wildlife species that could potentially occur but were not observed ............................. 7 Table 5 - List of non- listed wildlife species observed .............................................. ..............................7 N01070mB V-.Sn ING N010I -ME001 - PZOI.'..1¢545 Agenda Item No. 8B January 26, 2010 Page 142 of 1188 Olde Florida Golf Club Listed Species Survey Report 1. INTRODUCTION The Olde Florida Golf Club project site encompasses approximately 552± acres and is located in Section 31, Township 48 South, Range 27 East, Collier County, Florida. A private 18 -hole golf course with club house and maintenance facility has been constructed on a portion of the site. The property is bordered on the north by Calusa Pines Golf Club and undeveloped lands, on the east by undeveloped lands, on the south by the Cypress Canal and Golden Gate Estates, and on the west by Golf Club of the Everglades. The property is located in a rapidly developing region of Collier County. A Location Map, showing the approximate location of the subject property is included with this report as Exhibit A. WilsonMiller Certified Senior Ecologist Craig Schmittler and Certified Ecologist Justin Styer conducted a listed species survey of the project site using field methodology guidelines largely consistent with those established, by both the Florida Fish and Wildlife Conservation Commission (FWC) and Collier County Environmental Service Department. This survey included mapping the major vegetative habitats and performing meandering pedestrian transacts searching for listed plant and wildlife species utilization of the subject property. In addition to the listed species survey, the ecologists also recorded notes regarding general wildlife observations which are presented in Table 5 of this report. 2. VEGETATION SURVEY AND LISTED PLANT SPECIES 2.1. Vegetation Survey /Mapping Methodology The dominant plant communities and land uses within the project limits were mapped by WilsonMiller ecologists utilizing field assessment methods. Vegetation mapping was performed utilizing color aerial photographs and ground - truthing of the project site. A detailed analysis of vegetative structure and composition of each habitat was performed during the site visits. The vegetative associations and land uses were classified in general accordance with the Department of Transportation's Florida Land Use, Cover and Forms Classification System (FLUCCS) manual, January 1999 edition. Refer to the included FLUCCS Map for the vegetative community types found on the site (Exhibit B). The primary factor contributing to alteration of native vegetative communities on the site is a change in site hydrology. With this change, opportunistic plant species (i.e. exotic and/or nuisance species) may establish and further negatively impact the native plant community. Natural site conditions on the property have been altered by human induced activities. Examples include the disruption of the historical hydrological sheet flow with the construction of the Cypress Canal to the south, construction of CR -951 and associated canal to the west, construction of Immokalee Road and Cocohatchee Canal to the north, development of surrounding areas, and a lowered groundwater table. Alteration of the hydrologic regime on the subject property most likely caused a change in the structure and composition of the native plant community, and may have provided an opportunity for exotic and nuisance vegetative species to become established. Exotic vegetation observed on the project site during the 2007 listed species survey include melaleuca ( Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), and eadeaf acacia (Acacia auriculiformis). Nuisance species such as Caesar -weed (Urena lobata), and muscadine grape (Vitis rotundifolia) are also present. One or more of these exotic and /or nuisance species may be influencing the population distribution of the native plant communities on the project site. Levels of exotic plant infestations, based on their aerial cover, were mapped in conjunction with mapping of native vegetation associations and land uses. Code modifier suffixes are appended to descriptive FLUCCS codes to indicate the tM9Im 108829 -Vw11 MING W107 01i9 �PZ 3 S 2.2. FLUCCS Categories Documented On Site The following is a list of the FLUCCS associations mapped on the Olde Florida Golf Club site, along with a brief description of each category. Golf Course (FLUCCS 182) - This category represents the existing golf course including golf cart paths, practice driving range, internal roads and paths, club house, and maintenance facility. Saw Palmetto Prairies.- (FLUCCS 321) - These areas typically lack a canopy stratum and are dominated by a groundcover of dense saw palmetto (Serenoa repens) with scattered sub - canopy and herbaceous vegetation occurring scattered throughout. Sub - canopy species include rusty lyonia (Lyonia ferruginea), winged sumac (Rhus copallinum), wax myrtle (Myrica cerifera), gallberry (Ilex glabra), American beautyberry (Callicarpa americana), and myrsine (Rapanea punctata). Groundcover vegetation Includes saw palmetto, bracken fern (Pterfdium aquilinum), winged sumac, shiny blueberry (Vaccinium myrsinites), myrsine, and muscadine grape (Vitis rotundifolia). Other Shrubs and Brush (FLUCCS 329) - This category describes several small areas immediately north of the Cypress Canal on the southern end of the property. These areas are dominated by Brazilian pepper (Schinus terebinthifolius), wax myrtle (Myrica cerifera), rayless golden rod (Euthamia minor , dog fennel (Eupatorium capillifolium), ragweed (Ambrosia artemisfifolia), Caesar -weed, muscadine grape vine, broom sedge (Andropogon glomeratus) and scattered cypress (Taxodium distichum). Pine Flatwoods Palmetto Understory - (FLUCCS 411) - These areas are dominated by a canopy of slash pine with a ground cover dominated by saw palmetto. Sub- canopy species include slash pine, winged sumac, cabbage palm (Sabal palmetto), buckthorn (Bumelia tenax), myrsine, wax myrtle, dahoon holly (flex cassine), gallberry, and rusty lyonia. The dominant groundcover vegetation is saw palmetto with scattered pennyroyal (Piloblephis rigida), chocolate weed (Melochia corchorifolia), poison ivy (Toxicodendron radicans), muscadine grape, winged sumac, love vine (Cassytha ffliformis), Caesar -weed, dog fennel, gulfdune paspalum (Panicum monostachyum), chalky biuestem (Schizachyrium spp.), Virginia creeper (Parthenocissus quinquefolia), cabbage palm, snowberry (Chfococca alba), rustweed (Polypremum procumbens), and catbriar (Smilax bona -nox). Melaleuca, Brazilian pepper and downy rose myrtle (Rhodomyrtus tomentosus) are also present in these areas. Pine Flatwoods - Graminoid Understory (FLUCCS 416) - These areas are dominated by slash pine in the canopy. Sub - canopy species include slash pine, cabbage palm, widely scattered cypress (Taxodium spp.), wax myrtle, cabbage palm, myrsine, American beautyberry, winged sumac, rusty lyonia, and dahoon holly. Groundcover species include itli 3. 206!26 - Vm: 2 - TKING NDIW] l SW' - PZON -=6 Agenda Item No. 813 January 26, 2010 Page 143 of 08 Olde Florida Goff Club Listed Species Survey Report _ approximate abundance of exotic species within a particular FLUCCS community. Code modifiers used for the site are shown below: E = Exotic Plant Species E1 = Exotics 10 -24% E2 = Exotics 25 -49% E3 = Exotics 50 -75% E4 = Exotics >75% N = Nuisance Plant Species Ni = Nuisance species 10 -24% N2 = Nuisance species 25 -49% N3 = Nuisance species 50 -75% N4 = Nuisance species > 75% 2.2. FLUCCS Categories Documented On Site The following is a list of the FLUCCS associations mapped on the Olde Florida Golf Club site, along with a brief description of each category. Golf Course (FLUCCS 182) - This category represents the existing golf course including golf cart paths, practice driving range, internal roads and paths, club house, and maintenance facility. Saw Palmetto Prairies.- (FLUCCS 321) - These areas typically lack a canopy stratum and are dominated by a groundcover of dense saw palmetto (Serenoa repens) with scattered sub - canopy and herbaceous vegetation occurring scattered throughout. Sub - canopy species include rusty lyonia (Lyonia ferruginea), winged sumac (Rhus copallinum), wax myrtle (Myrica cerifera), gallberry (Ilex glabra), American beautyberry (Callicarpa americana), and myrsine (Rapanea punctata). Groundcover vegetation Includes saw palmetto, bracken fern (Pterfdium aquilinum), winged sumac, shiny blueberry (Vaccinium myrsinites), myrsine, and muscadine grape (Vitis rotundifolia). Other Shrubs and Brush (FLUCCS 329) - This category describes several small areas immediately north of the Cypress Canal on the southern end of the property. These areas are dominated by Brazilian pepper (Schinus terebinthifolius), wax myrtle (Myrica cerifera), rayless golden rod (Euthamia minor , dog fennel (Eupatorium capillifolium), ragweed (Ambrosia artemisfifolia), Caesar -weed, muscadine grape vine, broom sedge (Andropogon glomeratus) and scattered cypress (Taxodium distichum). Pine Flatwoods Palmetto Understory - (FLUCCS 411) - These areas are dominated by a canopy of slash pine with a ground cover dominated by saw palmetto. Sub- canopy species include slash pine, winged sumac, cabbage palm (Sabal palmetto), buckthorn (Bumelia tenax), myrsine, wax myrtle, dahoon holly (flex cassine), gallberry, and rusty lyonia. The dominant groundcover vegetation is saw palmetto with scattered pennyroyal (Piloblephis rigida), chocolate weed (Melochia corchorifolia), poison ivy (Toxicodendron radicans), muscadine grape, winged sumac, love vine (Cassytha ffliformis), Caesar -weed, dog fennel, gulfdune paspalum (Panicum monostachyum), chalky biuestem (Schizachyrium spp.), Virginia creeper (Parthenocissus quinquefolia), cabbage palm, snowberry (Chfococca alba), rustweed (Polypremum procumbens), and catbriar (Smilax bona -nox). Melaleuca, Brazilian pepper and downy rose myrtle (Rhodomyrtus tomentosus) are also present in these areas. Pine Flatwoods - Graminoid Understory (FLUCCS 416) - These areas are dominated by slash pine in the canopy. Sub - canopy species include slash pine, cabbage palm, widely scattered cypress (Taxodium spp.), wax myrtle, cabbage palm, myrsine, American beautyberry, winged sumac, rusty lyonia, and dahoon holly. Groundcover species include itli 3. 206!26 - Vm: 2 - TKING NDIW] l SW' - PZON -=6 Agenda Item No. 8B January 26, 2010 Page 144 of X88 Olde Florida Golf Club Listed Species Survey 28E.0r, Caesar -weed, broomsedge (Andropogon virginicus), pennyroyal, muscadine grape, winged sumac, love vine, Caesar -weed, catbdar, myrsine, red bay (Persea borbonia), and ragweed. Brazilian Pepper (FLUCCS 422) - This habitat contains a dense monoculture of Brazilian pepper with very little other vegetation present. When other species are present they are limited to widely scattered swamp fern (Blechnum serrulatum) and scattered willow (Salix carolinlana) and grape vine or poison ivy. These areas are typically associated with previously cleared or disturbed habitats on the property. Live Oak (FLUCCS 427) - This habitat includes areas where live oak (Quercus virginicus) dominantes the canopy. Other sub - canopy and ground cover species present include cabbage palm, slash pine, saw palmetto, grape vine, green briar, pennyroyal and other incidental ground cover species. Cabbage Palm (FLUCCS 428) - Relatively pure stands of cabbage palm may be found on the site. Some scattered live oak, laurel oak (Quercus laurifolia) and slash pine may also be present in the canopy. Subcanopy species include scattered live oak, myrsine (Myrsine Floridana), red bay, and Brazilian pepper. Ground cover species include scattered saw palmetto, Boston fern (Thelypteris exaltata), wild coffee (Psychotria nervosa), shoebutton ardisia (Ardisia eliiptica), poison ivy, American beautyberry, and myrsine. Western Everglades Hardwoods (FLUCCS 433) - This category represents one of the dominant habitat types found on site. Cabbage palm dominates this habitat, but cypress is relatively abundant in many areas. This habitat type was historically part of a large cypress- dominated slough. The construction of Immokalee Road and Cocohatchee Canal to the north and the excavation of the Cypress Canal on the southern property boundary resulted in significant and permanent alteration to the historic water table in this region of the county. The alteration of hydrology and decrease in hydro - period has resulted in an increase in the number of cabbage palms, transitional and upland vegetation throughout the general area. Cabbage palm now dominates most of the vegetative strata in this habitat, but cypress, occasional red maple (Acer rubrum), laurel oak and other incidental species are present. Grape vine forms a dense ground cover and thick mat in the ground cover in many of these areas. Previously Cleared/Disturbed Lands — (FLUCCS 740) - These areas are highly disturbed habitats that have been previously cleared and are dominated by nuisance and/or exotic vegetation. Grape vine and Brazilian pepper usually dominate these areas. These disturbed areas are used as disposal sites for much of the vegetative debris generated during routine golf course maintenance activities. Borrow Areas — (FLUCCS 742) - These areas include large, shallow excavations where the topsoil was removed in the past during the original golf course construction. These areas have been scraped down to the underlying limerock in most instances and vegetation is limited to nuisance and /or exotic species that can tolerate the fluctuations in water levels from summer to winter months. Most of these areas are dominated by dense Brazilian pepper with primrose willow (Ludwigia peruviana), willow and scattered herbaceous species that are seasonally present. 3. LISTED SPECIES SURVEY AND RESULTS 3.1. Survey Methodology Prior to field investigations, a literature search was performed and color aerials were reviewed to identify the various vegetative communities present on the project site. Information regarding listed plant and animals that have the potential to occur in habitats 1W1YYU08206226 -Vm.2 -MIND N21Wd16AID1 -P201J 22626 Agenda Item No. 8B January 26, 2010 Page 145 of 188 Olde Florida Golf Club Listed Species Survey Report - onsite was obtained from the Florida Fish and Wildlife Conservation Commission (FWC) and the Florida Natural Areas Inventory (FNAI). The FWC's publication Florida's December 1999, was reviewed to determine the current state and federal status of listed wildlife and plant species potentially present onsite. In -house FWC data is depicted on the enclosed FWC Regional Listed Species Data Map (Exhibit C). Field surveys consisted of meandering pedestrian transacts through each habitat present on the project site, These survey methodologies were generally consistent with those prescribed by the FWC (FGFWFC 1988 Wildlife Methodology Guidelines for Section 18.D of the Application for Development Approval. FGFWFC. Tallahassee, FL). WilsonMilier ecologists were equipped with a compass, aerials, binoculars, and field notebooks for documentation purposes. While performing meandering pedestrian transects, ecologists periodically stopped, looked for wildlife, signs of wildlife, and listened for wildlife vocalizations. Pedestrian transacts were conducted in the early morning and late evening. Early morning transacts were started one -half hour before sunrise and evening transacts lasted until one - half hour after sunset. The listed species survey was performed on August 25, September 23, 24 and 29 and October 1, 2008. WilsonMilier Exhibit D shows the Listed Species Transacts and Locations Map for the listed species survey. Table 1 lists pertinent information relating to the vegetation mapping /listed species survey. Table 1 - Listed Vegetation Species Survey Ecologists involved, survey dates and time and weather conditions during survey (temperature given represents temperature at beginning of survey when no range is specified. ECOLOGIST DATE TIME OF DAY WEATHER Justin Styer 8/25108 7:00 am - 10:30 am 75 °F- 85 °F, sunny skies, wind 0 - 5 mph Justin Styer 9!23/08 7:15 am - 3:00 pm 73 °F- 90°F, partly cloudy, wind 5 -10 mph Justin Styer 9/24108 7:15 am - 3 :00pm 72 °F -90 0F, mostly sunny, wind 10.15 mph Craig Schmittler 9/29/08 11:00 am - 7:10 pm 85 °F, partly cloudy, wind 0 - 5 mph Craig Schmittler 1 10/1/08 11:15 am - 7:30 pm 87 °F, mostly sunny, wind 0 - 5 mph The following provides a discussion of how the methodologies employed during the surveys deviated from the specific subcategories of wildlife survey methods recommended in the referenced FWC document. "Upland Surveys" - Methods used were consistent except that in the majority of cases, the density of transects occupied exceeded the recommended density; and surveys addressed more species than those listed in the 1988 FWC publication. "Small Mammal Sampling - No small mammal trapping was performed. None of the species listed under this methodology could be reasonably expected to occur on the property due to inappropriate range and habitat. " Herpetofaunal Surveys" - No herpetofaunal trapping was performed. None of the species listed under this methodology could be reasonably expected to occur on the property due to inappropriate habitat. 3.2. Listed Plant Species Documented Onsite During the course of mapping vegetation associations and conducting listed species transects, WilsonMilier ecologists also searched for plants listed by the Florida Department IaIMM. 106!20- van 2 -TKNG N0101 1"01 °ZON.UU5 Agenda Item No. 8B January 26, 2010 Page 146 of 1588 Olde Florida Golf Club Listed Species Survey Report of Agriculture (FDA) and/or the U.S. Fish and Wildlife Service (FWS) that may be present on the project site. The above -noted agencies have categorized the various listed plant species based upon their relative abundance in natural communities. Those categorizations include "Endangered;" `Threatened," and "Commercially Exploited". "Endangered" means species of plants native to the State that are in imminent danger of extinction within the State, the survival of which is unlikely if the causes of a decline in the number of plants continue, and includes all species determined to be endangered or threatened, pursuant to the Federal Endangered Species Act of 1973, as amended, Public Law No. 93 -205 (87 Stat. 864). "Threatened" means species native to the State that are in rapid decline in number of plants within the State, but which have not decreased in such number as to cause them to be endangered. "Commercially exploited" means species native to the State which are subject to removal in significant numbers from native habitats in the State and sold or transported for sale. The protection afforded plants listed by the Florida Department of Agriculture entails restrictions on harvesting or destroying plants found on private lands of another, or public lands, without permission and/or a permit from the FDA. There are no restrictions for landowners, unless the sale of plants is involved. These provisions are found in Section 581.185, FDA under State law. Those plants listed by the FDA, which were documented by the listed species survey to exist on the project site, are listed in Table 2. There were four species of listed plants, per the FDA list, were observed on the property: the twisted air plant (Tillandsia flexuosa), the stiff - leaved wild pine (Tillandsia fasciculata), the wild pine (Tillandsia balbisinia), and the butterfly orchid (Encyclia tampensis). The twisted air plant is listed by the FDA as Endangered, the stiff - leaved wild pine is listed by the FDA as Endangered, the wild pine is listed as Endangered, and the butterfly orchid is listed as Commercially Exploited by the FDA. None of these plant species are listed by the FWS. The above- mentioned plant species, although listed by the FDA, are relatively common in southwest Florida. Table 2 - Listed plant species observed COMMON NAME SCIENTIFIC NAME STATUS FDA HABITAT FDA FWS Twisted air plant Tillandsia flexuosa E NIL 411, 416 433 Stiff- leaved wild pine Tillandsia fasciculafa E NIL 411 416 433 Wild pine Tillandsiabalbisinia E NL 426 Butterfly .orchid Enc Ilia tam ensis C i NIL 416, 433, 621 FDA = Florida pepartment of Agriculture FWS - United States Fish and Wildlife Service E = Endangered T = Threatened NIL = Not Listed Habitat = Major FLUCCS categories in which Indicated species were observed or are most likely to occur. 3.3. Listed Plant Species That Could Potentially Occur On Site But Were Not Observed The following species listed in Table 3 could potentially be found on the project site due to the presence of appropriate habitat, but were not actually observed. Table 3 - Listed plant species that could potentially occur but were not observed COMMON NAME SCIENTIFIC NAME STATU HABITAT FDA WS S F Giant wild pine I Tillandsia utric 1,416,433 FDA = Florida Department of Agriculture and Consumer Services FWS = United States Fish and Wildlife Service N01071J 0011- pz - - U TKINe NOf0iA1G00Y �PZON�32E26 Agenda Item No. 813 January 26, 2010 Page 147 of t88 Olde Florida Golf Club Listed Species Survey Report - E Endangered C Commercially exploited NL = Not listed Habitat = Major FLUCCS categories in which indicated species were observed or are most likely to occur. 3.4. Listed Wildlife Species Documented Onsite During the listed species survey, state and federally listed wildlife species were observed on the project site including the gopher tortoise (Gopherus polyphemus), Big Cypress fox squirrel (Sciurus niger avicennia) and American alligator (Alligator mississippensis). The gopher tortoise is listed as Threatened by the FWC and is not listed by the FWS. The Big Cypress fox squirrel is listed as Threatened by the FWC and is listed not listed by the FWS. The American alligator is listed as a Species of Special Concern by the FWC and is not listed by the FWS. A total of seventeen active and inactive gopher tortoise burrows were observed on the site and their approximate locations are presented on the Listed. Species Transacts and Locations Map (Exhibit D). Several listed wading birds were observed foraging in the stormwater management lakes within the existing golf course during the listed species survey. These species include the little blue heron (Egretta caerulea), snowy egret (Egretta thula), white ibis (Eudocimus albus), and tri- colored heron (Egretta tricolor). These wading birds are listed by the FWC as Species of Special Concern and are not listed by the FWS. 3.5. Listed Wildlife Species That Could Potentially Occur Onsite But Were Not Observed Although not observed during the listed species survey, the following state and/or federally listed wildlife species could utilize or visit the site as a result of potentially suitable habitat being present: Florida panther, Eastern indigo snake, bald eagle, wood stork, and the Florida black bear. Various sources of information were used to determine the possibility of occurrence (FNAi, 1199B; FWS 1997, FWC 1997, FDA 1997). Table 4 denotes listed wildlife species that have a potential to occur on the project site, although they were not observed. Common habitat occurrence, state /federal status, and potential for occurrence are also given in Table 4. Florida Panther - The Florida panther is listed as Endangered by the FWS and the FWC. A portion of the western -most property is located within the FWS Panther Secondary Protection Zone, as mapped by the FWS. WiisonMiller Exhibit C shows the Secondary Protection Zone mapped for this region of the county. The FWC telemetry data indicates Florida panther #28 was documented occurring on or near the property on June 21 and June 23, 1989. FWC telemetry data indicates Florida panther (Texas Cougar #101) was documented occurring approximately 1.0 and 1.6 miles north and northwest of the project site in 1995. This female Texas cougar was introduced into the population in the mid- 1990's in an effort to restore historic genetics of the Florida panther population. FWC telemetry data indicates Florida panther #66 was documented occurring approximately 1.3 miles to the east of the site in 1998. FWC telemetry data indicates Florida panther #92 was documented occurring approximately 1.3 miles north of the site in 2001. The FWC data indicates that a collared panther has not been documented on the subject property for 19 years and two panthers occurred within 1.3 miles of the site 10 years ago and 7 years ago. No individuals or signs of panther were observed on the site during the listed species survey. Florida Black Bear - The Florida black bear is listed as Threatened by the FWC and is not listed by the FWS. The black bear is a transient animal that is highly opportunistic, and is not an uncommon occurrence in residential neighborhoods in search of food. Current FWC data indicates that the nearest documented Florida black bear location to the project 'W1WI .9M26- V.2 -UW3 NC10'IA16�C01 - PZON -'RR6 Agenda Item No. 8B January 26, 2010 Page 148 of 1 8 Olds Florida Golf Club Listed Species Survey Report site were individuals more than two (2) miles south of the site in the Golden Gate Estates. Black bear have also been documented occurring four miles to the east and northeast of the site. Although there is a possibility of a black bear to walk across or visit the project site, no individuals or signs of this species were observed during the listed species survey. Eastern Indigo Snake - The Eastern indigo snake (Drymarchon corals couperi) has the potential to occur on the project site. The indigo snake is listed as Threatened by FWS and FWC. No individuals or signs of this species were observed on the site during listed species surveys. Wood Stork - There is a potential for the wood stork (Mycteria americans), to forage on or otherwise utilize the property. The wood stork is listed as Endangered by the FWC and the FWS. The site is located within the 18 -mile wood stork foraging core of Corkscrew Swamp Sanctuary. Bald Eagle - There is a potential for the bald eagle (Haliaeetus leucocephalus) to forage on or otherwise utilize the property. The bald eagle. has been taken off the endangered species list but is still protected by the Golden and Bald Eagle Protection Act. The FWC data indicates the presence of an active bald eagle nest within 1 mile of the site. The FWS and FWC protection zones established around active bald eagle nest trees are a 330' and 660' foot radius from the tree. The documented bald eagle tree is located near the southwest property corner of the Calusa Pines Golf Club and is approximately a mile or more for the site. The bald eagle could spend time foraging for fish within the stormwater management lakes on the property. Table 4 - Listed wildlife species that could potentially occur but were not observed FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service E = Endangered T = Threatened SSC = Species of Special Concern NL = Not Listed Habitat =Major FLUCCS categories in which indicated species were observed or are most likely to occur. 3.6. Non - listed Species Documented Onsite (General Wildlife Observations) Table 5 gives a list of non - listed wildlife species and their FLUCCS occurrence as documented on the site during the listed species survey. Table 5 - List of non - listed wildlife species observed COMMON NAME SCIENTIFIC NAME FLUCCS Occurrence BIRDS Cardinal Cardinalis cardinalis 428,433 Observed Potential 411 SCIENTIFIC COMMON FWC FWS Habitat During For COMMENTS NAME NAME Status Status FLUCCS (FLUCCS) Survev Occurrence Felis concolor Florida panther E E All No Low - Moderate Unlikely transient co i Ursus Florida black T NL All No Low - Unlikely aerfcanus m bear Moderate transient Boridanus Haliaeetus Bald eagle NL NL 52621' Low Potential visitor leuooce halus No Mycteria Wood stork E E 52740 1 No Moderate Potential visitor americans Potential Drymarchon Eastern indigo T T All No Moderate resident or corais coupierf snake visitor FWC = Florida Fish and Wildlife Conservation Commission FWS = United States Fish and Wildlife Service E = Endangered T = Threatened SSC = Species of Special Concern NL = Not Listed Habitat =Major FLUCCS categories in which indicated species were observed or are most likely to occur. 3.6. Non - listed Species Documented Onsite (General Wildlife Observations) Table 5 gives a list of non - listed wildlife species and their FLUCCS occurrence as documented on the site during the listed species survey. Table 5 - List of non - listed wildlife species observed COMMON NAME SCIENTIFIC NAME FLUCCS Occurrence BIRDS Cardinal Cardinalis cardinalis 428,433 Common nighthawk Chordeiles minor 411 N0107 10 W'e¢Ye N z-miwa N0109 -01EpD1 �PZOw 'J25d6 Agenda Item No. 8B January 26, 2010 Page 149 of V8 Olde Florida Golf Club Listed Species Survey Repad COMMON NAME SCIENTIFIC NAME FLUCCS Occurrence Blue "a anocitta crisafa 416 Pileated wood ecker Dryocopus pileatus 411 Red - bellied Woodpecker Melanerpes carotins 411,416 Mockincibird Mimus polyglotfos 411,433,416 Downy wood ecker Mourning dove Picoides Pubescens Zenalda macroura 411 416 433 411,416,4S3,740 AMPHIBIANS & REPTILES Brown anole Anofis sa rel 411 416 433, 621 Cuban anole Anolls s. sa 1 411 416 433 621 Cuban treefro Osteo ilus tentrionahs 433 MAMMALS Nine- banded armadillo' White - tolled deer* Das us novamcinctus Odocoileus vi inianus 411 416 411 428 433 740 Raccoon' Pro n lotor 411 416 433 Feral h Sus scrofa 411 416 428 433 Marsh rabbit S Ivila us alustris 416 Signs of these species (i.e. — tracks, scat, burrows, rubs, etc.) were observes. QI IAAI\AARV 4.1. Listed Plants The protection afforded plants listed by the FDA entails restrictions on harvesting or destroying listed plants found on private lands of another or on public lands without permission and/or a permit from the FDA. There are no restrictions for landowners, unless the sale of plants is involved. No plants listed by the FWS were observed on the site. The following plants, listed by the FDA as Endangered, were observed on the project site: the stiff - leaved wild pine, twisted air plant, wild pine, and butterfly orchid. These species of listed air plants are relatively common in southwest Florida. 4.2, Listed Wildlife The Florida panther has not been documented by the FWC as occurring on the site but the property occurs within the Secondary Protection Zone as mapped by the FWS. The site has not functioned during recent decades as any portion of any known home range of breeding females, adult males or sub -adult males. Furthermore, the site has not been documented contributing to the survival of any collared female, adult or sub -adult dispersing male panthers. The site offers limited landscape linkage to panther dispersal routes. The property is not adjacent to habitats that are currently occupied by panther. The FWS describes the Secondary Zone as natural and potentially restorable disturbed lands adjacent to the Primary Zone that are not known to support panthers on a regular basis. The site does not provide habitat important for transient sub -adult male panthers. The Florida black bear has not been documented occurring on or otherwise utilizing the site however black bear have been documented by the FWC occurring in nearby Golden Gate Estates properties to the south and east. Black bears have been documented by the FWC occurring over 2 miles to the south and over 4 miles to the east of the property. There is a potential for black bear to walk across or otherwise visit the site in the future. Therefore, the FWC and Collier County Environmental Services Department may require the preparation of a Florida black bear management plan. The Big Cypress fox squirrel has been documented utilizing the site and there is potential for the Big Cypress fox squirrel to utilize the property in the future. Therefore, the FWC, South Florida Water Management District and Collier County Environmental Services will likely require the preparation of a Big Cypress fox squirrel management plan. W 9-¢05829. f NDQ7.1W1 - PZON. 9525 Agenda Item No. 8B January 26, 20 0 Olde Feb99a GcSlMIN Listed Species Survey Report The Eastern indigo snake has the potential to utilize the property but has not been documented onsite. The FWC, FWS, U.S. Army Corps of Engineers, and Collier County Environmental Services Department may require the preparation of an Eastern indigo snake management plan. The gopher tortoise has been documented occurring on the property. There were a total of seventeen active and inactive burrows observed within native habitats. Using the FWC burrow occupancy conversion factor of 0.614, approximately ten (17 X 0.614 = 10.4) tortoises are estimated to inhabit the site. Collier County will likely request the tortoises to be preserved on the site within retained native vegetation. A gopher tortoise relocation permit will need to be processed through the FWC and Collier County should the tortoises be required to be relocated within the property. A gopher tortoise permit to relocate tortoises' offsite could also be obtained through FWC and Collier County. The wood stork has the potential to forage on or otherwise utilize portions of the property. The Olde Florida Club property is within 18 -miles of a.documented nesting site (Corkscrew Swamp Sanctuary). If wetland impacts are proposed on the site, technical assistance with FWS will be required to address mitigation for impacts to wood stork habitat. The exact amount of mitigation required for impacting potential wood stork habitat is not known and will be determined when the project goes through the federal permitting process. The bald eagle has the potential to occur on the property and an active bald eagle nest is documented by FWC occurring within 1 mile of the site. However, the Olde Florida Club property is located well out of the established 330' and 660' protection zones for bald eagle nest trees. No bald eagle individual or nests were observed on the property during the listed species survey. The listed wading birds documented foraging on the subject property are fairly common to south Florida. No nests of these species were documented occurring on the site. it is anticipated listed wading birds will continue to foraging on or utilize the site. The Florida panther, Eastern indigo snake, wood stork, bald eagle, and the Florida black bear have the potential to utilize the project site. However, none of the above - listed wildlife species, or signs of their presence, were observed occurring on the project site during the listed species survey. This region of the county is rapidly developing and represents fragmented wildlife habitat. This plays a significant role in deterring wildlife species, listed or otherwise, from utilizing the site. With the proper approved state, federal and local agency wildlife management plans in place, no adverse impacts to listed wildlife species are anticipated to occur as a result of the future development of the property. 5. REFERENCES - The Audubon Society, Field Guide to North American Mammals, 1989 Behler, John L. and F. Wayne King. 1980. The Audubon Society Field Guide to North American Reptiles & Amohibians. Chanticleer Press, Knopf, New York. Bth printing, 1989. Bull, John, and John Farrand, Jr. The Audubon Society Field Guide to North American Birds Eastern Region. 1977. Chanticleer Press, Knopf, New York. 22nd printing, 1993. Dressler, Robert L., David W. Hall, Kent D. Perkins, and Norris H. Williams. Identification Manual for Wetland Plant Species of Florida. - Florida Department of Transportation. January 1999 Florida Land Use. Cover and Forms Classification System. Third Edition. iN1YL -2008tB- V.:2 -TKINO M107 415001 -PION 92525 Agenda Item No. 8B January 26, 2010 Page 151 of 168 Olde Florida Golf Club Listed Species Survey Report Florida Fish and Wildlife Conservation Commission. 2007. Florida's Endangered Species. Threatened Species and Species of Special Concern Official Lists. Florida Game and Fresh Water Fish Commission. 1988. Wildlife Methodologv Guidelines, Humphrey, S.R, 1992. Rare and Endangered Biota of Florida. Volume I Mammals. University Press of Florida, Gainesville, FL. Moler, P.E. 1992. Rare and Endangered Biota of Florida Amphibians and Reptiles. Volume III, University Press of Florida, Tallahassee, FL. National Geographic Society, Field Guide to the Birds of North America. National Geographic Society, Washington, D.C. Second Edition, 1994. University Presses of Florida. 1991. Rare and Endangered Biota of Florida. Volume 5 (Plants). Whitaker, Jr., John O. 1980. The Audubon Society Field Guide to North American Mammals. Chanticleer Press, Knopf, New York. Sth printing, 1989. Wunderlin, Richard P. Guide to The Vascular Plants of Central Florida. 1982. Board of Regents of the State of Florida. 1986. 10' 132603.208328 - Ver. 2 - TMG N010T-016.001. PZO -32545 Agenda Item No. 8B January 26, 2010 Page 152 of 188 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004 -72, of the Collier County Land Development Code, i did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 10 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per attached letters and or property owner's list, which are hereby made a part of this 'affidavit of Compliance State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me p _ day of I 2000jby l . w who is psonaliy U �— who has —'(Signature of Notary Public) ii�Rt c t R L. iIC kio�QY printed Name of Notary as identification. Notary Pu e ot Florida Patricia L Pickwonh �orno) F Ohea062W0��7335 Agenda Item No. 813 NEW DIRECTIONS IN PLANNING, DESIGN K ENGINEERING. SINCE 1956. January 26, 2010 Page 153 of 188 Wi1sonmiller January 28, 2009 Dear Property Owner: I would like to take this opportunity to advise you that Olde Florida Golf Club, Inc., represented by John Passidomo of Chaffy, Passidomo and Margaret Perry of WiisonMiller, Inc., has filed an Application for Public Hearing for a rezone from Golf Course (GC) to Agricultural (A) for 553.67 acres of land currently containing the existing Olde Florida Golf Club and undeveloped property. The site is located on the north side of Vanderbilt Beach Road Extension, approximately 2 miles east of Collier Boulevard (C.R. 951). You are receiving this letter because you are an owner of record of a parcel located within 1,000 feet of the subject property boundary. Please see attached location map. The current zoning designation (GC) allows the owner to use the property for golf course and golf course- related uses only. The proposed rezone request would allow for the continuance of use of the Olde Florida Golf Club and also allow the owner a broader range of uses and flexibility under the requirements of the Rural Fringe Mixed Use District — Neutral Lands, as outlined in the Collier County Land Development Code. Uses allowed by right in the neutral lands include but are not limited to agricultural activities, single family residential, golf courses or driving ranges, public educational plants and ancillary plants, private schools, and park, open space, and recreation uses. No specific future development plans for the property are proposed at this time. In order to provide you an opportunity to become informed about the rezone application and to give you an opportunity to meet with our project team, we are holding a neighborhood information meeting on Thursday, February 19, 2009, at 5:30 p.m. at Collier County Public Library — Estates Branch *; 1266 Golden Gate Boulevard; Naples, FL 34120. At this meeting, our project team will make every effort to describe the proposed requested rezone application. I hope that you are able to attend this public information meeting and I look forward to seeing you there. In the meantime, if you have any questions, please feel free to contact me (239 - 649 -4040) or John Passidomo (239 -261- 9300). Sincerely, Margret Perry, AtCP Senior Associate Enclosure * Note: This event is not provided or sponsored by the Collier County Public Library. 800.649.4336 239.649.4040 F 239.643.5716 3200 Bailey Lane Suite 200 Naples, Florida 34105 WflsonMillercom #3 Olde Florida Golf Course Rezone from Golf Course (GC) to Agriculture (A) Location Map HERITAGE BAY N0107Wi-Wl -P Ve-1-MPERRY NO10> -0iS001- PZON�o345 Agenda Item No. 8B January 26, 2010 Page 154 of 188 III JAN 2 8 2009 Smooth Feed SheetsTM tlg6MgM4t# ( 56*00 January 26, 2010 PaQa 155 of 188 ABBOTT, HERBERT S ADAMS, FRANKLIN B =& KATHLEEN P ALVAREZ, ARIEL R ®& TAN L RICHARD R ABBOTT JR 761 15TH ST NW 690 23RD ST NW 5860 DOGWOOD WAY NAPLES,FL 34120 -- -1913 NAPLES,FL 34120 - -1828 -- NAPLES,FL 34116 -4910 BANKS, JAMES M BERIAULT, JOHN BRIANT. JERRY A=& PENELOPE 761 21ST ST NW PO BOX 9D74 2025 OUTRIGGER UN NAPLES,FL 34120-1813 NAPLES,FL 3 41 01- --9 074 NAPLES,FL 34104 -- -5202 BURGESS, NANCY CALUSA PINES GOLF CLUB LLC CALUSA PINES LLC 11819 WARBLER CT 33 N DEARBORN ST STE 1610 33 N DEARBO ST STE 1810 NAPLES,FL 34119 -- -8901 CHICAGOJL 60802 --4076 CHICAGO 60602- -4078 G CALUSA PINES GO C .../// COLLIER CNTY COLLIER CNTY 33 N DEARBO T STE 1610 3301 TAMIAMI TRL E NAPE , RL E CHICAG 60602 --407 NAPLES,FL 34112 - -0961 NAPLE L 34112- -4981 COLLIER CNTY COLLIER CN COLLIER CNTY % SOUTH FLA WATER MGMT DIST 3301 TAMI i TRL E 3301 TAMI TRL E ATTN: LAND MGMT NAPLE 34112 -4961 NAPL L 34112 - --0000 PO BOX 24680 _ WEST PALM BEACH,FL 33418• -4680 COLLIER CN COLLIER C \/„ , COLLIER ;Cr 3301 TA I TRL E 3301 TA MI TRL E �aJ`rf - -�}y' 3301 TA RL E NAP ,FL 34112 --4961 NAP ,FL 34112 - --4961 NAPL ,FL 34112•• -4961 1 COLDER 3301 TAMI CNTY TRL E NAPLE L 34112 --4961 COLLIER CN q� 3301 TAMI ITRLE NAPLE 34112 -- -0000 681 EBERT TRS. 2857 HATTEI NAPLES,FL COLLIER CNT COLLIER C 3301 TAMI 1 THL E 3301 TA 1 TRL E NAPL L 34112• - -0861 ���'a\ � NAPLE ,FL 34112 --- 4961'� Y COLLIER C MI COLLER CO 33TRL E L 01 A NAP FL 34112 .3969 NAP FL 34112 -4961 e 'L A, -0 V DAVIS, ROBERT E 1720 KRAPE RD y\7(�NAPLES.FL 341 -- - 20 2509 0 2 MARIE ERJAVEC JR. EUGENE V PAULA J ERJAVEC ,Y5 850 PALM ST APT C19 MARCO ISLAND,FL 34145- -2059 DUCKMAN, STEWARTR 436 YODER RD HARLEYSVILLE,PA 19438 -•1763 ERZAK JR, ALFRED PATRICIA A ERZAK 14960 COLLIER BLVD 0 3151 NAPLES,FL 34119 -•7713 8 A AVERY@ Address Labels Laser 5960' Smooth Feed Sheets" Ux@ww1dm1Q651fi0® January 26, 2010 Page 156 of 188 ESTATE AT TWINEAGLES LTD ESTATES AT TW AGLES LTD ESTATES AT INEAGLES LTD 9990 COCONUT RD STE 202 999D COCON RD STE 202 9990 CO UT RD STE 202 'ITA SPRINGS,FL 34135 --8488 BONRA INGS,FL 34135•••8488 BONIT PRINGS,FL 34136 -•8488 ESTATES AT TW EAGLES LTD ESTATES AT TW 1 AGLES LTD ESTATES AT TWIVAGLES LTD 9990 COCON RD STE 200 9990 COCON D STE 202 9990 COCONUTM STE 2D0 BONRASP NGS,FL 34135- -8488 BONrm, P NGS,FL 34135 -•8488 BONITASPR ,FL 34135 -8488 ESTATES AT TWINS,42LE 5 LTD, THE 9990 COCONUT FATE 202 BONITA SPRI FL 34135 -8488 ESTATES AT Y,FL34135--8488 LTD, THE 9990 COCON2 BONITA SPRI ESTATES AT TV" AGUES LTD, THE 9990 COCON D STE 202 BONITA SP GS,FL 34135 -8488 ESTATES A�TWAGLES LTD, THE 9990 GOODSTE 202 SON17A SP 34135• -8488 ESTATES AT TW AGUES LTD, THE 9990 COCONU D STE 202 BONITA SPR GS.FL 34135 - --8488 ESTATES ATAGLES LTD, THE 9990 COLON RD STE 202 BONITA SP GS,FL 34135 -- -8488 ESTATES A NNEAGLES LTD, THE ESTATE/ATNEAGLES LTD, THE ESTATES AT 7 W AGLES LTD, THE 9990 CO NUT RD TE 202 9990 LO STE 202 ON RD STE 202 BONIT PRINGS,FL 34135 -- -8488 BONITA L 34135 --8488 BONTA SP GS,FL 34136 -8488 ESTATES AT NEAGLES LTD,THE ESTATES AT TW GLES LTD, THE ESTATES AT TWI GLES LTD, THE 9990 CO T RD STE 202 9990 COCON D STE 202 9990 COCON D STE 202 BONITA RINGS,FL 34135 --8488 BONITA SP GS,FL 34135 - -8488 BONITA SP NGS,FL 34135 -8488 EVERMAN, TOMMY A.& DEBRA ANN FOSTER, WILLIAM P -& CHERYL J FRANCIS, JOHN B -& KAY J 710 21ST ST NW 3914 BE 19TH PL 671 21ST ST NW NAPLES,FL 34120-1814 CAPE CORAL.FL -- •"•'---- --•- -- ES,FL 34120 -1811 11, f��/117 flit" FRAZIER TR, ROBERT E GARCIA, RA ON J �"J U [(1Jg HIER, STEPHEN K FRAZIER REALTY TRUST MAGALY TOLED - CY TENEE GAUTHIER 790 17TH ST NW 731 19TH ST NW 8 1 JUDE ISLAND WAY NAPLES,FL 34120 - -1930 NAPLES,FL 341 -- -1945 NAPLES,FL 34119- -7528 GIRALDO, F WILSON GLEN 111, JOHN M=& DOROTHY L GOENNER, ALFRED J 1861 KRAPE RD PRINCIPIA COLLEGE 759 100TH AVE N NAPLES,FL 34120- -2510 ELSAHJL 62028 -- NAPLES,FL 34108 - -2239 XF CLUB OF EVERGLADES LTD GUERRA. JUAN -& OMAYRA KRAPE, EDITH M s775 AIRPORT PULLING RD N 740 21ST ST NW 1820 KRAPE RD NAPLES,FL 34105 - -2530 NAPLES,FL 34120- -1814 NAPLES,FL 34120•- -2529 A .q AVERY® Address Labels Laser 5960Tm Smooth Feed Sheets""' KRAPE, EDI 1820 KR RD 4 NAPL ,FL 34120 -2629 MADNI, SYED M 2934 FLORENTINE CT NAPLES,FL 34119-7738 KRAPE, GERALD E_& HEIDI E 1823 KRAPE RD NAPLES,FL 34120- ••2510 MCALEER, PICKY J =& CHRISTINA L 82016TH ST NW NAPLES,PL 34120•••1916 CORE TR, TIMID Y J �y,�lr' NUNEZ, JESUS C=& NORMA M JACOUELYNK OGRE TR S,y� /- 71119TH ST NW TIMOTHY J RE TRUST /f"- NAPLES,FL 34120•••1945 JACOUE MOORE TRUST1821 RICHARDS ST NAPL ,FL 34120---3932 OLDE FLORIDA G CLUB INC ,�/. PARBUS, ROBERT W =& AMANDA 9393 VANDER BEACH ROAD EXT 720 23RD ST NW NAPLES.FL 120- -1716 �I NAPLES,FL 34120 -- -1830 PAUL, FRANNECIS GUILENE LEANDRE 671 23RD ST NW NAPLES,FL 34120 -- -1827 PHILLIPS, ALFRED R & ELAINE B % SOUTH FLA WATER MGMT DIST ATTN: LAND MGMT PO BOX 24680 WEST PALM BEACH,FL 33416 - -4680 RITTER, SCOTT =& DEBRA 811 15TH ST NW NAPLES,FL 34120- -1915 SALARD JR, JOSEPH C =& RUTH J 741 25TH ST NW NAPLES,FL 34120 -•1845 SISTO, PEDRO P 711 17TH ST NW NAPLES,FL 34120 -- -1929 SPENCER, TIMOTHY R 4344 BEECHWOOD LAKE DR NAPLES,FL 34112- --6102 PAUL, JEAN L & MARGARETTE 741 17TH ST NW NAPLES,FL 34120- -1929 PHILLIPS, ALFRED R =& ELAINE B 760 25TH ST NW NAPLES,FL 34120 -- -1846 RUBY, MARK V 73019TH ST NW NAPLES,PL 34120•- -1946 SALYERS, APRIL MARIE 1818 RICHARDS ST NAPLES,FL 34120• -3927 SOUTH FL WATER MGMT DIST ATTN: LAND MGMT PO BOX 24690 WEST PALM SEACH,FL 33416 -4680 STENCIL TR, ALLAN A ALLAN A STENCIL REV TRUST SUSAN K STENCIL REV TRUST UTD 9 1iBPoD BOTH680 25TH ST NW NAPLES,FL 34120 - -1844 14`gMEY 'R654§Q'9 January 26, 2010 Page 157 of 188 LANIER, JOHN E BECKY J BOYD LANIER 4721 VIA CARMEN NAPLES,PL 34105- - -56P2 " MOORE TR, TIMOTHY J JACQUELYN MOORE TR TIMOTHY MOORE TRUST JACQUELYN MOORE 7RUST1 B21 RICHARDS ST NAPLES,FL 34120 -- -3932 OLDE FLORIDA LF CLUB INC 9393 VAND ILT BEACH ROAD EXT NAPLES 34120 -1715 PARENT, ROBERT= &THERESA 770 21 ST ST NW NAPLES,FL 34120 - -1814 PEREZ, JESUS 720 17TH ST NW NAPLES,FL 34120 -- -1930 PHILLIPS, ALF R =& ELAINE B 760 25TH S 41 / NAPLES 34120 •- 1846`f'"�11,,- yVp,/{J''/ t RUSSELL, WILLIAM R =& GAIL L LARRY E & DONNA RUSSELL 660 23RD ST NW NAPLES,FL 34120 --- 1 828 SCHWARZWALDER, JUDITH 710 23RD ST NW NAPLES,FL 34120• -1830 SOUTHALL TR, VIRGINIA PHIL-UPS V PHILLIPS SOUTHALL TRUST UTD 7124/02 PO BOX 1050 NAPLES,FL 34106 --1050 STENCIL TR, SUSAN K S K STENCIL R/TRUST 9.18.00 680 25TH ST NW NAPLES,FL 34120- -1844 MeR AYERY0 Address Labels Laser 59607' Smooth Feed SheetsTM SULLIVAN, F NORMAN RI-81 LOWER EAST HILL RD DEN,NY 14033 --9761 THABUTEAU, MICHELE 691 17TH ST NW NAPLES,FL 34120- -1927 VERMILLION, JERRY Pm& JILL L 687 23RD ST NW NAPLESFL 34120 - -1827 WRIGHT, JUDITH A 1850 KRAPE RD NAPLES,FL 34120- -2529 Fifth District Civic Advisory Group 2335 Tamiami Trail North, Suite 308 Maples, FL 34103 TARP, MIT 73D 26TH ST NW NAPLES,FL 34120 - - -1 B46 TOOLEY, KARL 78015TH ST NW NAPLES,FL 34120 - -1914 WALL, MANGY ERIC D WALL 1821 KRAPE RD NAPLES,FL 34120 -- -2510 YANAN FARMS II LLC PO BOX 1615 REYNOLDSBURG,OH 43066 --6615 Golden Gate Estates Area Civic Assoc, 2335 Tamiami Trail North, Suite 308 Naples, FL 34103 7-17,72M, January 26, 2010 Page 158 of 188 TAYLOR TR, LOUISE V T/A DTD 9.16 -87 5471 SW 11TH ST APT H MARGATE,FL 33068• -3385 TREJO, CHRIS--& LETICIA 810 4TH ST NE NAPLES,FL 34120 -2129 WINCHELL, CHRISTOPHER P 710 25TH ST NW NAPLES,FL 34120 - -1546 ZIELKE TR, AMIEL W UTA DTD 12 -19 -88 665 NICKERSON AVE BENTON HARSOR,MI 49022 - - .6315 Vanderbilt Country Club HOA 8250 Danbury Blvd. Naples, FL 34120 Al AVERYO Address Labels Laser 59601" • h. C m d O 0 Z a a W Q J a m M m c a d m E m z p w C O a R 2 IL W m z w z O CL N N W a O D a N W a z v C hOD O) N C O L cu L U ry N N N N D1 M N TT0 TT M J LL N N Q m z o` m 0 L N L O T z O W N m N U N 0 U1 L V V v � z V r �s V s y-' r� Jr V Its I:r rte. J- 3 J v ck. a � q 1. Cy J _-,, I Q 1� v Z W W z O_ t- F w z � \ O v% O O i 0 1 l O T W z `\ • h. C m d O 0 Z a a W Q J a m M m c a d m E m z p w C O a R 2 IL W m z w z O CL N N W a O D a N W a z v C hOD O) N C O L cu L U ry N N N N D1 M N TT0 TT M J LL N N Q m z o` m 0 L N L O T z O W N m N U N 0 U1 L V V v � z V r �s V s y-' r� Jr V Its I:r rte. J- 3 J v ck. a � q 1. Cy J _-,, I Q 1� v Agenda Item No. 8t3 Sentont. P.A., representing OFC of Naples, Incorporated, petitioned the Board of County Commissioners to change the zoning classification of the heroin described real property; S. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS si. 6'A•i OF COLLIER COUNTY, FLORIDAt " The Zoning classification of the herein dascribed real property ' rr 1R, 0 .: ��., i..� ORDINANCB THE G U E ., g•10177; 70�r COMPREHENSIVE ZONING REGULATIONS FOR THE 1p UNINCORPORATED AREA of COLLIER COUNTY, FLORIDA F. M i HY AMENDING THE OFFICIAL ZONING ATLAS MAP N UMBER 48 -27 BY CHANGING THE ZONING J All of Section 31, Township 48 South, Range 27 East G31J37� ( LASSIFICATION OF THE HEREIN DESCRIBED PROPERff,, -. �- i� 1661 M LOCATED TWO MILES EAST OF CR -951 AND ONE MILE SECTION TWO: it This ordinance shall become effective upon receipt of notice 1:rom '!� • Qr SOUTH OF IMMOEALEE ROAD (CR -846) IN SECTION 31, Q SOUTH, RANGE 27 EAST, COLLIER ♦ .� TOWNSHIP 48 °zQ9Z �. ' yL4' COUNTY, FLORIDA, FROM A -2MH TO GC FOR OLDS of State. FLORIDA GOLF CLUB, CONSISTING OF 5521 ACRES; .� i' AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe i Sentont. P.A., representing OFC of Naples, Incorporated, petitioned the Board of County Commissioners to change the zoning classification of the heroin described real property; S. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS si. 6'A•i OF COLLIER COUNTY, FLORIDAt " The Zoning classification of the herein dascribed real property ' ocated in Section 31, Township 48 South, Range 27 East, Collier County, Florida, is changed from A -2MH to GC and the official Zoning '•Atlas Map Number 48 -27, as described in ordinance 82 -2r is hereby amended accordingly: rYN "' J All of Section 31, Township 48 South, Range 27 East less the East, 1/2 of the Northeast 1/4, Collier ' county, Florida. SECTION TWO: it This ordinance shall become effective upon receipt of notice 1:rom '.ths Secretary of state that this Ordinance has been filed with the •Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of i ;tr !�. Collier'.* County, Florida, this _ day of (r 1991. •,.� , BOARD OF COUNTY COMMISSIONERS �`y ;" =• COLLIER COUNTY, FLORIDA , p rATTEtTt :•.. -(,•: i•. BY GILES; Cr, ., CHAIRMAN , C Y �• Thb ordlnoE!or filed with the ,,, . .: Secnlmy cl�.� e'Is S, TO ,FSARI4 AND LEGAL SUFPICIENCY �raA.•7p3 ,'�A�3Kl•�:..;� u�l'!'• .' !R: and dnwAWV nr ANTMCOUNTYEATTORNEA U4JiLGE of �o'y..w,��� ' ABS S R -90 -23 ordinance . ..r�: ,.nb/3949 .,. .. . �Nl:�R Agenda Item No. 813 W*nuary 26, 20 . ^�� . •. age 161 of 1 AORFEMENT v raj..,. ' . ^..•..j .. ". .i;'i'': .. .; aw �{.',�c6orga L. Varnadoa'o! Young, van Aasendarp, Varnndoe 4 . ;Banton, P.A., authorized agent for Petition R-90 -23, agree to the following stipulations requested by the. Collier County Planning Commission in their public hearing on February 12, 1991. ,•;.�..F "�ck'1 {,•. "The petitioner shall extend Vanderbilt Bench Road from its e. 1" terminus to the projects vest property line. such construction shall be in accordance with County standards - r as set forth in Ordinance 82 -91 and the Subdivision Regulations ordinance No. 76 -6. The roadway shall - parallel the southern boundaries of sections 35 and 361 To 48 South, Range 26 East and positioned adjacent to the Cypress Canal to the south. 2. The petitioner shall improve and complete the proposed roadway access to the golf course site to County specifications prior to receiving Certificates of Y: for Phases 1 and 2 of the proposed golf course development. u'.. ,:: - 3, The petitioner shall be subject to a Site Development Plan d�- in accordance with Section 10.5 of this Collier.COunty �,r• zoning Ordinance No. 82 -2, for Phases 1 and 2 of the proposed golf course development. ;ransoorta,tion;. S 1. Should the developer and /or other property owners wish to extend Vanderbilt Beach Road eastward from CR 951, such f+ .,•.�; construction shall be in accordance with County standards is as set -forth in ordinance 82 -91, and shall include . appropriate turn lanes and arterial level street lighting on CR -951. 2. The road impact fee shall be as set forth in Ordinance "�;,.... 85 -55 as amended, and shall be paid at the time building . N�.;a. permits are issued unless otherwise approved by the Board 4, V!. of County Commissioners. 1. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. EXHIBIT "A" ® 043'FW 02 • r., t L¢ y ti3 a ' : v D connideration of .pending Implementation of Growth a�,z r•. .Management Regulations and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled /funded roadway capacity improvements, the applicant should be advised that future land development .;1 activities in the area may be subject to future land use control consistent with the above regulations. :. Sri? S. Detailed paving, grading, site drainage and utility plans �k;.•,'' 'shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review services. 2. Deaign and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 3. This projeot is recommended for approval for rezone purposes only. A Subdivision Master Plan, if required, shall be submitted for review and approval. Construction plans and plat shall be submitted if a Subdivision Master Plan is required. if a Subdivision Master Plan is not required, then the petitioner shall submit for a Site Development Plan for review and approval. Work within Collier County right -of -way shall meat the requirements of Collier county right -of -way ordinance No. 82 -91. ff 1:;. Detailed paving, grading, and site drainage plans shall be 1'..'. submitted to Project Review Services for.review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. � c ,. VIA t a.: —2— ® 943 PAU 03 .L o-.. .a ri's�r J January 26, 2010 Page 165 o of'168 •� ;,.k vs't+'1 "9a "; �f�i." "�sti'. t,.� •'Y :r�'�•�'s''!d %l`.,S 7Y�a'bn • "f•�r: `,z��: {• • n �ui� f f f i 4.:. , ,Zf„ an interim on -mite water supply, , s serve the t P vNER OR AG T ;'': " ^• SWORN TO AND SUBSCRIBED BEFORE ME THIS _J? DAY 41" OF rae f . 1991. >. fly' "`i• dv yyy ' , BEAD. •• . :ice(`:. ••..•:: •1,,ae>A♦T e, lrallY ' Fu�HY,•COFASiSSION EXPIRESi �' REPRESENTATIVE FOR OCFC., l: A •. SWORN TO AND SUBSCRIBED BEFORE ME THIS (rJ"_DAY b' :r".. '.+1.0F >�pdd;41(� r 1941. .-f-, li sSEAL '� •� 4 ! ` 27'1'1' $10 27,1111 M)( COIBgI$SION EMPIRES• ".,:,� ;s, nRsl tn. uw. yf..y' i.. "'R- 90 -23*, Agreement Sheet H " 0 G 3PAtC 06 Si 1i r �.Y.A.',•w. .t•. � it ... . Lr ! .;:.]a ..:. �i 4 sSEAL '� •� 4 ! ` 27'1'1' $10 27,1111 M)( COIBgI$SION EMPIRES• ".,:,� ;s, nRsl tn. uw. yf..y' i.. "'R- 90 -23*, Agreement Sheet H " 0 G 3PAtC 06 Si 1i r �.Y.A.',•w. .t•. � it ... . Lr ! .;:.]a ..:. �i 4 �i 4 4 Agenda Item No. 813 January 26, Page 166 0 , 5 a , �"�,k•Ai, lf.. s 5 e CCatiT![�08,COLLIER 'j �l',I. "+• � e '.:� ir� ", . , I, " JAMES C GILES, Clerk of Courts In and for the 'Twentleth Judicial Circuit, Collier County, ?SorSda, do .•� e hereby certify that the tore oin Is a true co s v a g mr ° r Ordinance No. 91 -15 ' +phich was adopted by the Board of County Commissioners on �.. the 12th day of February, 1991, during Regular Session.. , -'+ WITNESS my hand and the official seal of the Board of pt I.t, County. Commissioners of Collier County, Florida, this 19th . fian.° •.� day of February, 1991.. 7,1" JAMES C. GILES 'r \S ....., fp t,K. •�' '?`•" Clerk of Courts and Cie • • ; ?�.i;'•. r�n�Sc 'i i Coo to Board of �s r � County , a,?1.� „SE ✓ ' County Commissioners - ..i .'; yr, ::.. •,}. -:, S., , i.. By: /s /Maureen rayon.',, ✓p �:'''•���';f �•„ •.. DepuYy Clerks <, Yyr �'4 f ® 943P1G1 0 tr it } :• 1 �!Z a 7 y — _— — Agenda Item No. 8B January 26, 2010 Olde Florida IGO Ci71b? 118. RZ- 2008 -AR- 13951 SIGN POSTING INSTRUCTIONS submitted 3117/09 (Section 10.03.00, COLLIER COUNTY LAND DEVELOPMENT CODE (LOCI " A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supercede any requirement of the LDC.. For specific sign requirements, please refer to Section 10.03.00 of the LOC. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right -of -way or easement. 2. The sign(s) must be securely affixed by nails, staples, or means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s). is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE - RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST ASSIGNED PLANNER. On AFFIDAVIT OF POSTING NOTICE MAR 17 2M STATE OF FLORIDA COUNTY OF COLLIER QQ BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WHO ON OATH SAYS THAT HE /SHE HAS POSTED PROPER NOTICE AS REQU D BY SECTIO 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL OVERFED IN P ITION NUMBER RZ — n?CIf) ASPS 13 15� ?Ii% f for ,�%G �19 Ci/ 6 �%r W 4/ qc- n SIGMA RE OF APPL15KNT OR AGENT STREET OR P.O. OX l�rtiFr�rf�a .%G�✓s. 3yio�> NA TYPED OR PR TED) CITY, STA E ZIP STATE OF FLORIDA COUNTY OF COLLIER -1 The foregoing instrument was swom to and subscribed before me this day of - , 200 , by personally known to me or who produced as identification and who did /did not take an oath. Signature of Notary Public Ft:G i.i Printed Name of Notary Public My Commission Expires: mslle+irar..r,e -- (Stamp with serial number) - - 64 Cl)0 NC. HCPFERSER MY COMMISSION A.DD 646SB6 . EXPIRES: May 3,2011 F: \WebslleWFFIDAVIT AND SIGN POSTING INSTRUCTION55 -2- 05.tloc I- "'$,arch,. aontletl Thm Nola PSbk Undemfllars P � �� ix ,� K` ,; u � V �.� s j:. b.. f.. i b'; � � u $. P � �� i, K` u � V �.� j:. b.. f.. i ') ',kY T% � � u "n j' : 9 .! P1.. 3' I`._ �, =art. � f. �� :� '„ r t i �r�v5, � P t:' �� ', �' ' - �;r _ � ,. �� {a 1 i`. Si �,� >r k: i _ a vt r� s "AT i r A +.III ," y fe- rZ e I i n r Y ' I _ �-" 1'4V f 4 R � � Irc. J, °` � •fir} __ Y a ,I �p n EDWARD K. CHEFFY BOARD CERTIFIED CIVIL TRIAL ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY LOUIS D. D'AGOSMO BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY JEFF M. NOVATT DAVID A. ZULIAN LOUIS W. CHEPFY BOARD CERTIFIED REAL ESTATE ATTORNEY CHEFFY PASSIDOMO ATTORNEYS AT LAW 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORMA 34102 TELEPHONE: (239)261 -9300 FAX: (239)261 -9782 W W W.NAPLESLAW.COM Ms. Kay Deselem, AICP Zoning & Land Development Review Department Community Development & Environmental Servioes Division 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Olde Florida Golf Club Dear Kay: LISA BARNETr VAN DIPS BOARD CERTIFIED REAL ESTATE ATTORNL CLAY C. BROOKER ANDREW H. REISS WH,LIAM J. DEMPSBY BOARD CERTIFIED REAL ESTATE ATTORNEY MICHAEL W. PETITE CHRISTOPHERJ. THORNTON JOHN C. CLOUGH M. FRANCESCA PASSERI OF COUNSEL: GEORGE L. VARNADOE DIRECT DIAL: (239) 436 -1529 DIRECT FAX: (239) 261 -0884 April 29, 2009 VIA E -MAIL: kaydeselem@colliergov.net Thank you for providing me with a copy of the proposed Ordinance for Olde Florida's rezone application. The Ordinance provides that the stipulations attached to it have been "agreed to by Olde Florida Golf Club, Inc." We respectfully submit that the stipulations were imposed by the Planning Commission and have not been agreed to by Olde Florida. We acknowledge that the stipulations appear reasonably consistent with the motion made and resolution adopted by the Planning Commission. We appreciate the time and attention afforded by the Planning Commission to consideration of our petition. We nonetheless respectfully object to the proposed stipulations on the following grounds: The Stipulations are Subject to Varied Interpretations The purported effect of the Ordinance is in accordance with its terms to "change the zoning classification of the property from Golf Course (GC) Zoning District to an Agriculture (A) Zoning District ". Reasonable people exercising good faith can and we believe would differ in their interpretation as to the meaning of the proposed second and third stipulations attached to and incorporated in the Ordinance (collectively, the "Stipulations "), which provide: "no density has been awarded by virtue of approval of this rezone ", and "any uses or changes should be brought back to the Collier County Planning Commission in the form of a Planned Unit Development process for review and approval of all categories as if it were a Planned Unit Development. " Ms. Kay Deselem, AICP April 29, 2009 Page 2 Section 2.03.08A.3.a. of the Land Development Code provides that within the Zoning Overlay in Neutral Lands in the Rural Fringe single family residential dwelling units are permitted as of right with a maximum gross density not to exceed one dwelling unit per five acres. We respectfully submit that if the effect of the Ordinance is, as it says, to "change the zoning classification of the property from Golf Course (GC) Zoning District to an Agriculture (A) Zoning District," and the latter district allows a maximum density of one dwelling unit per five acres, the Stipulations can alternatively be interpreted to lead to the following diametrically different conclusions: 1) as provided in the LDC, the Neutral Lands on the subject property "are appropriate for limited development, if such development is directed away from existing native vegetation and habitat" and that, as long as the landowner ultimately meets that test through existing LDC requirements of having a plat or site plan approved, the landowner is entitled to enjoy whatever density is otherwise allowed throughout the district, i.e., a maximum of one unit per five acres ( "Interpretation No. 1 "); or 2) the property has been rezoned to a district which allows single family residential units at a maximum density of one unit per five acres but no density is permitted on the subject property and therefore the rezoning has no legal effect unless and until "any uses or changes are brought back to the Planning Commission in the form of a Planned Unit Development process for review and approval of all categories as if it were a Planned Unit Development"? ( "Interpretation No. 2 "). The Stipulations May Contravene Florida Case Law If the Stipulations are construed to prohibit any density or uses on the property until the Planning Commission approves a Planned Unit Development for the property as indicated in Interpretation No. 2, the Stipulations effectively constitute a denial of the rezone application. After all, is not an approval of a zoning application which prohibits any uses on the property without a later rezoning of the property tantamount to a denial? In Pomoise Point Partnership v. St Johns County, 470 So.2d 850, (Fla. 5' DCA 1985), the Fifth District Court of Appeal of Florida held that a county zoning authority improperly denied rezoning on grounds that the property owner presented no plans for the specific use the owner intended to make of the parcel in question, even though the requested commercial general classification was consistent with county comprehensive zoning plan. As indicated by the Department of Zoning and Land Development Review in its Staff Report for the proposed rezone, "it should be noted that the proposed rezone back to the Rural Agricultural Zoning District utilized the 'conventional or standard' zoning procedure that does not require a master plan to be submitted as would be required if the property was rezoned to a PUD." The proposed rezoning is consistent with the county's comprehensive plan. What may amount to a denial of a standard rezone petition because no plans for the specific use the owner intends to make of the parcel were tendered may accordingly be prohibited by Florida law. The Plain Lan2uaee of the LDC Creates an Entitlement to Sin¢le Familv Use of the Subject Property Recent events have caused us to undertake a critical assessment of the Zoning Overlay. In doing so, we have concluded that single family residential dwelling units with a maximum gross density not to Ms. Kay Deselem, AICP April 29, 2009 Page 3 — exceed one dwelling unit per five gross acres are "permitted as of right' on Neutral Lands in the Rural Fringe under the Land Development Code because: Section 2.03.08A.1.a. of the LDC provides that the Rural Fringe Mixed Use District shall be designated on the official zoning atlas and that the lands included in the Rural Fringe Mixed Use District to which Section 2.03.08 applies are depicted on the zoning map; The atlas and map are enclosed. Each reflect the subject property within the Rural Fringe area; and The zoning atlas indicates that the subject property is contained within a Zoning Overlay for the "RFMUD- Neutral Lands ". Background: The Rural Fringe Mixed Use District Zoning Overlay was created after an extensive public planning process. Indeed, the purpose clause for the district states that, "the RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development." The purpose clause goes on to provide that, "the innovative planning and development techniques which are required and /or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park like appearance from the major public rights of way, and to protect private property rights." Reasoning: The Zoning Overlay accordingly provides explicit development, performance, dimensional and design standards for Neutral Lands and allows and indeed encourages clustering of residential development to provide to the greatest degree practicable protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to natural reservations or preservation areas on adjacent development; creation, maintenance or enhancement of wildlife corridors; and a minimum 60% native vegetation requirement. It also requires golf courses on Neutral Lands to abide by strict performance standards. Illustration: To illustrate the integrated nature of the Zoning Overlay, please consider the following hypothetical questions: whether the county would allow a golf course to be developed on lands designated RFMU — Neutral Lands but zoned "Golf Course" without requiring the affected landowner to comply with the Zoning Overlay strict performance standards for a golf course? If the burdens of the Zoning Overlay are imposed to "preserve existing natural resources", should not the benefits of the Zoning Overlay be afforded to "protect private property rights" and thereby implement the planning principles embodied in the district purpose? whether the county staff's determination that the Zoning Overlay takes precedence over Agriculture (A) Zoning to allow Olde Florida to use part of their property for a golf course without having the golf course use authorized through conditional use approval Ms. Kay Deselem, AICP April 29, 2009 Page 4 suggests that there is no rational basis but to conclude that the Zoning Overlay takes precedence over Golf Course (GC) Zoning to allow Olde Florida to use part of their property for single family residential dwelling units without having the single family dwelling units use authorized through a rezone to the Agriculture (A) District? Conclusion We respectfully submit that the Rural Fringe Zoning District creates an integrated and comprehensive unified plan of development for property within the Zoning Overlay. The LDC expressly provides that single family residential dwelling units at a maximum gross density not to exceed one dwelling unit per five acres are an allowable use "permitted as of right' on Neutral Lands and designates the subject property as Neutral Lands. Single family residential dwelling units are accordingly currently a permitted use on the subject property. Request for Reassessment: The LDC quite literally means what it says. We therefore submit that a fresh, critical and comprehensive analysis of the Zoning Overlay will result in an administrative determination that a standard rezone of the property to the Agriculture (A) Zoning District is not required to permit single family dwelling units at a maximum density of one unit per five acres as a permitted use on the land. The Stipulations Impermissiblv Discriminate Against the Subject Property by Treating it Differently Than Other Properties Within Neutral Lands Requiring the owner of the subject property to proceed with a "Planned Unit Development process for review and approval of all categories as it if were a Planned Unit Development ": treats the property in an impermissibly discriminatory manner by imposing requirements to the subject property which do not apply elsewhere on Neutral Lands within the Zoning Overlay; ignores the integrated nature of the Rural Fringe Mixed Use — Neutral Lands Zoning Overlay on the property; requires the property owner to undertake an expensive and time consuming Planned Unit Development process which no other property owner in the Rural Fringe Mixed Use — Neutral Lands Zoning Overlay is required to undertake to secure "uses permitted as of right' in the Zoning Overlay; and repudiates the explicit development, performance, dimensional and design standards which apply uniformly throughout the district. The fact that there is no rational basis to distinguish the subject property from other property within the Zoning Overlay is illustrated by a simple comparison to the property next door at Golf Club of the Everglades ( "GCE "). There, a golf course exists on land zoned Agriculture with a conditional use authorizing the golf course. Under Agriculture zoning, the golf course at GCE can be redeveloped for single family residential use at a maximum density of one unit per five acres. At Olde Florida, a golf course exists on land rezoned from Agriculture to Golf Course in 1991 because the RFMU District which now allows golf courses as a permitted use did not yet exist, Olde Florida then planned two golf courses, and Olde Florida Ms. Kay Deselem, AICP April 29, 2009 Page 5 did not anticipate that the second golf course would be built before an alternative conditional use would expire on the property. The net effect: two golf courses next door to each other, both in the Zoning Overlay which permits single family dwelling units "as of right', one can redevelop as residential simply by going through the platting process, the other is required to be "brought back through the Planning Commission in the form of a Planned Unit Development process for review and approval of all categories as if it were a Planned Development. " An Alternative Proposal Without waiving our right to assert that the Rural Fringe Zoning Overlay already provides a zoning entitlement for single family residential dwelling units at the prescribed maximum density, we respectfully submit that in lieu of the proposed Stipulations that the following stipulation would provide a reasonable and even extraordinary assurance that the planning principles embodied in the Rural Fringe Mixed Use District are implemented on the subject property: Prior to the issuance of a building permit for the first dwelling unit on the subject property a site development plan or subdivision plat will be required to be reviewed and considered by the Planning Commission. Thank you for the opportunity to comment on the proposed Ordinance. We welcome the opportunity to consult with Planning Staff regarding a resolution appropriate under the Land Development Code. There appear to be many viable alternatives worth considering. Very tRuly yours, John M. For the ] JMP /tpp Enclosures cc: Heidi Ashton- Cicko, Esquire, ACA 4841 -14935 #62 #3 I. AST REVISION: ZONING _________OTH R� y� 1 cog it � f t t➢ e e' o= 0 �n ay N� f N ZU O n1 n Nn o� c➢ z� o r., A? K r � 2� rrl A K R sA �GGG�a ' � v A E R p g k 4 5 g s� E R� �I R i 01 — r. � 5 pl D 8K I The His toim /Archaeological Probodllily Naps are the official County source designating historic or orchoeologic resources. ssJUs C..l u.'T le 1 � J M b q ° Y s V y ° 8 a C..l u.'T le 1 � J RURAL FRINGE AREAS ei i.2& C6UNfV Ilr i'l�fl 1� } Qi� WMOHAEE ROAD t RANhi BLVD i Q �Ji re � ir� 4ht {t C L�� ! Atli x 45I rPv lGOLDEN GATE BOULEVARD I ♦�}s 00 Gyf � j � ° < .. 1 ., ,t, ;f 8'�4�j i4��jy`+��i i5tti ), , I. •e r � h pp�il f s w�i i 1' it VACANT (A—MHO) 15 TYPE "B' LANDSCAPE BUFFER PER LOC. N BOUNDARY 1 411" ®R li�wgjwo sug VACANT (A—MHO) SUIRS IIEW ED:: r IVII01411 will" lop/pol IN GOLF CLUB OF F•r :;:? j ............................... EXISTI DIEDTAIM GOLF CLUB (TO REIANN) -ANN VANDERBILT BEACH ROAD 15' TYPE 'a" LANDSCAPE BUFFER PER LDC. SINGLE FAMILY HOMES (E) WELL ti I VACANT (A—MHO) LDC, BUFFER PROJECT: OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE CLIENT: OLDIE FLORIDA GOLF CLUB WA AR F, N.T.S. AlE DEC. 2009 Pbmars • &*Iwe - EcoI - S yore • Landscape ArdWwto • Transportafton CoOmAwle SEC TWP ROE REV NO: WilsonMiller, Inc. PROJECT NO INDEX NO N0107-015-001 DD-NO107-003 2006aWAM Sari 200 • NAPb4FaKft948.5-8507- Ftora 2096494090 -Fa 23.9-263-6494 • Web -ge m0m*rcorn QftN SY/EMP NO. SHEET NO, J.M.L./1322 I OF 3 Nov 02, 2009 - 14:08: JLIGHTELIX:\ENG\NO107\DOZ-OFGC-(,ezo,e )\REV01\DD-NO107-0030DI-A.dwQ ,&LEGEND REQUIRED EXISTING CONSERVATION 88.4 ACRES EASEMENT 51.0 ACRES EXISTING NATIVE VEGETATION }250 ACRES WITHIN GOLF COURSE ±389.4 ACRES FUTURE DEVELOPMENT ENVELOPE EXISTING NATIVE VEGETATION ±233.6 ACRES NOT INCLUDED WITHIN PROVIDED CONSERVATION BEA ACRES EASEMENT 51.0 ACRES GOLF COURSE BUFFER ZONE - IMPON- FUTURE DEVELOPMENT ACCESS ±233.6 ACRES PROJECT BOUNDARY FUTURE DEVELOPMENT AREA NOTES: 0 I. ALL DEVELOPMENT WILL BE IN COMPLIANCE WITH THE LDC IN EFFECT AT THE TIME OF DEVELOPMENT. 2. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS CONCEPTUAL REZONE MASTER PLAN, SHALL BE CONSIDERED CONCEPTUAL IN NATURE. THE DESIGN, LOCATION AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT SITE PLAN APPROVAL OR SUBDIVISION PLAT APPROVAL. 3. LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION /CHANGE PRIOR TO CONSTRUCTION PERMITTING. 4. THE AREA DEPICTED AS "FUTURE DEVELOPMENT ENVELOPE" IS THE AREA WITHIN WHICH FUTURE DEVELOPMENT ON THE PROPERTY WILL OCCUR. THE DELINEATION AND DESIGNATION OF A PRESERVE AREA WILL BE MADE AS AND WHEN REQUIRED BY THE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT REGULATIONS. 0 NATIVE VEGETATION CALCULATION REQUIRED EXISTING NATIVE VEGETATION WITHIN GOLF COURSE 88.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES EXISTING NATIVE VEGETATION OUTSIDE GOLF COURSE }250 ACRES TOTAL EXISTING NATIVE VEGETATION ±389.4 ACRES REQUIRED NATIVE VEGETATION (60R) ±233.6 ACRES PROVIDED EXISTING NATIVE VEGETATION WITHIN GOLF COURSE BEA ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES POTENTIAL NATIVE VEGETATION PRESERVATION AREA (INCLUDES 150' BUFFER. EXCLUDES NON- NATIVE VEGETATION) ±94.2 ACRES TOTAL TO BE PROVIDED ±233.6 ACRES NOTE THE ABOVE NATIVE VEGETATION CALCULATIONS ARE APPROXIMATE AND MAY VARY AT THE TIME OF DEVELOPMENT. FINAL ACREAGE OF RETAINED NATIVE VEGETATION SHALL NOT BE LESS THAN 60% OF THE EXISTING ONSITE NATIVE VEGETATION (i.e., ±233.6 ACRES) PROJECT: OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE CLIENT: OLDE FLORIDA GOLF CLUB N9Maav�I,c- CwNm0.MaIAM1 wits&muler p.i. C����� C..N�..,M - N.T.S. DEC. 2009 FIaM6I8 . EII,jT • ECOTO�aia • SMyaSi, • Landscape ArcMecfe • TrarMporbbon Cona dmis SEC: TNP: RGE: REV N0: Wi)sonMtl00 (er, Inc. )nc. PROJECT p % 107- 015 -001 DD—N - NOlm -003 pRWN BY /EJ. .L SHEET 2 82x0 Baby qrq Sofa 200•Nepbs, Hdida J4p5 -8501. Phme 299- 645 -4040. Far 299- 263 - 5494 .Web -Slfa mEwa4borrWeT.own J.M.L./1322 2 aF 3 m, 02. 2009 - 1408 : JLIGHTELIX: \ENG \N0107\ 003 -OFGC- (rezone) \REVOT\DD- NO107- 003001 -A.7Wg Anwnrin Itam Nn RR Nov UZ. 2UU9 - 14:08: JLIGHTELIX: \ENG \NO107\ 003- OFGC -( rezone) \REV01 \00- NO107- 003031 -A.dwg January 26, 2010 Page 180 of 188 0 SITE SUMMARY OPEN SPACE AREA OTAL PROJECT AREA 553.7 ACRES TOTAL PROJECT AREA 553.7 ACRES GOLF COURSE REQUIRED OPEN SPACE (70%) 387.6 ACRES EXISTING GOLF COURSE /CLUBHOUSE 146.7 ACRES EXISTING OPEN SPACE PROVIDED (GOLF COURSE) 274.5 ACRES EXISTING NATIVE VEGETATION WITHIN GOLF COURSE ADDITIONAL OPEN SPACE REQUIRED 113.1 ACRES (TO REMAIN) 88.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES FUTURE DEVELOPMENT AREA FUTURE DEVELOPMENT AREA 192.2 ACRES 100' SETBACK 12.1 ACRES OTHER AREA (OUTSIDE DEVELOPMENT AREA) 37.6 ACRES PROJECT: OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE CLIENT: OLDE FLORIDA GOLF CLUB ftLk�LCpVppM WiIIVl "� filer sum: N.T.S. D�EEDEC. 2009 SEC'. 7WP: RGE. REV NO: ....1 PI'8lA'IM8 . Erpneera . Ecd*ds . SuneyY . Land cape ArcMMe is . TransportMtron Conx0 118 WilsonMlller, Inc. PROI No N0107 -015 -001 INDEX NO DD -NOI -0D3 32W Bdq law S" 200 . NOM FTOrMe 34105-&507 . Philp 20949,4040 . ru 289 -263 -6494 • WOrme Mwx.M$OMMIILY.MT DRWN DT /EMP ND. J.M.L./1322 SHEET No: 3 Dv 3 Nov UZ. 2UU9 - 14:08: JLIGHTELIX: \ENG \NO107\ 003- OFGC -( rezone) \REV01 \00- NO107- 003031 -A.dwg Agenda Item No. 8B January 26, 2010 Naples Daily News • Sunday, January 30, 2010.21D Page 181 of 188 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on, Tuesday, January 26, 2010, in the Boardroom, 3rd Floor, . Administration Building, Collier County Government Center, 3301 East T& _Miami Trail, Naples,'Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 AM. The tim tie of the proposed Ordinance is as follows:. - AN ORDINANCE OF THE BOARD OF COUNTY - COMMISSIONERS OF COLLIER COON- TY. FLORIDA. AMENDING ORDINANCE NUMBER 20044t, AS AMENDED, THE COL- BY MIXED USE DISTRICT -,NEUTRAL LANDS ZONING OVERLAY 01WRICT' TD;THt. AGRI- CULTURE (A) ZONING. DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT - NEUTRAL LANDS ZONING OVERLAY DISTRICT FOR THE PROJECT KNOWN. AS OLDE FLORIDA GOLF CLUB,- LOCATED AT 9405 VANDERBILT BEACH ROAD EXTENSION, JN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 554 i!- ACRES SUBJECT TO CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCE 91.16; AND BY PROVIDING. AN EFFECTIVE DATE., •. Petition: RZ- 2008 -AR- 13951, Olde Florida Golf Club; Inc., represented by John PassF m domo of Chaffy Passidoo, and Margaret C. Perry, AICP, of WllwnMiller Inc, Is re- questing a standard rezone from the Goff Course (GC) zoning district and the Rural Fringe Mixed Use .District - Neutral Lands Zoning Overlayy .District .to the Agriculture (A) zoning district and the .Rural Fringe -Mired Use'' (strict- Neutral Lands Zoning Overlay District The subject property,' consisting of.553.67, M- acres, 'is located on the Vanderbilt Beach Road Extension, approximatelyy 2: psRes east of the Vanderbilt Beach Road (CIR 862) and Collier Boulevard (CR 951) intersection, in Section 31, . Township 48 South;: Range 27 East. Collier,ICour ty,, Florida. Copies of the proposed Ordinance are b/n file with the Clerk to the Board and are available for inspection All interested parties are invited to attend and be heard NOTE: All persons wishing to .speak ones, agenda Item .must register with the County administrator ppnnoP toprcsentatlon o the agenda item to be addressed: in- dividual speakers will be limited to 5 minutes on any item. The selection of an indi- vidual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic - materials included in the Board agenda packets must submit said - material a minimum of 3 weeks prior to the resppective public hearing. In any me, written :. materials irdende if,. to be considered by the Board shall be submitted to the appropriate County staff aminimum of seven days Fdoc, to the public hearing. All material used In presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision'of the Board 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 evi- dence upon which the appeal . is based. - if you are a person with a disability who needs any accommodation in order to par- ticipate in the proceeding, you are entitled, at no cost to you, to the provision of certain assistance. 'Please contact the Collier County Facilities Management Depart- ment, located at 3301. Tamiami Trail East Building ,W, Naples, Florida 34112; (239) 252 -8380. Assisted listening devices for the hearing impaired are available in-the County Commissioners' Office.., - BOARD OF COUNTY COMMISSIONERS - - - COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE - CHAIRMAN DWIGHT E. BROCK, CLERK B : Martha Vergara, Deputy Clerk , (SEAL) F Agenda Item No. 813 January 26, 2010 Page 182 of 188 ORDINANihvv. i0- 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 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE GOLF COURSE (GC) ZONING DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT— NEUTRAL LANDS ZONING OVERLAY DISTRICT TO THE AGRICULTURE (A) ZONING DISTRICT AND THE RURAL FRINGE MIXED USE DISTRICT — NEUTRAL LANDS ZONING OVERLAY DISTRICT FOR THE PROJECT KNOWN AS OLDE FLORIDA GOLF CLUB, LOCATED AT 9405 VANDERBILT BEACH ROAD EXTENSION, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 554 + /- ACRES SUBJECT TO CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCE 91 -16; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Margaret C. Perry, AICP, of WilsonMiller, Inc., and John Passidomo, Esq., representing Olde Florida Golf Club, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Section 31, Township 48 South, Range 27 East, Collier County, Florida, is changed from the Golf Course (GC) Zoning District and the Rural Fringe Mixed Use District — Neutral Lands Zoning Overlay District to the Agriculture (A) Zoning District and the Rural Fringe Mixed Use District — Neutral Lands Zoning Overlay District for a 554 + /- acre project known as Olde Florida Golf Club. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier Olde Florida Golf Club - RZ- 2008 -AR -13951 Rev. 01/13110 I oft Agenda Item No. 813 January 26, 2010 Page 183 of 188 County Land Development Code, is/are hereby amended accordingly, subject to the Conditions of Approval, attached hereto as Exhibit B and incorporated herein and in accordance with the Map of Future Development Envelope attached hereto as Exhibit "C" and incorporated herein. SECTION TWO: Ordinance 91 -16 is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this ATTEST: DWIGHT E. BROCK, CLERK go , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Section Chief, Land Use/Transportation day of 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman Attachments: Exhibit A — Legal Description Exhibit B - Conditions of Approval Exhibit C — Map of Future Development Envelope 08- CPS - 00902/48 Olde Florida Golf Club - RZ- 2008 -AR -13951 Rev. 01/13/10 2of2 Agenda Item No. 86 January 26, 2010 Page 184 of 188 EXHIBIT A OLDE FLORIDA GOLF CLUB LEGAL DESCRIPTION All of Section 31, Township 48 South, Range 27 East, less that East 1/a of the Northeast 1/4 thereof, Collier County, Florida. Agenda Item No. 88 January 26, 2010 Page 185 of 188 EXHIBIT B Conditions of Annroval The property will retain the Audubon Cooperative Sanctuary Program for its golf courses, and it shall be subject to the rules and regulations for golf course operations for properties designed as neutral lands under the County's Growth Management Plan. The setback on the western boundary of the property shall be 100 feet to allow County to acquire easements, if needed, in the future. The permitted uses in RFMU District- Neutral Lands are permitted on the property as of right except for farm labor housing. 4. The accessory uses in the RFMU District - Neutral Lands are permitted on the property as accessory to uses permitted as of right or to approved conditional uses. 5. The following uses in the RFMU District - Neutral Lands are permissible as conditional uses subject to the standards and procedures established in Section 10.08.00 of the LDC: a. Community facilities, such as places of worship, childcare facilities, cemeteries, social and fraternal organizations. b. Multi - family residential structures subject to the following development standards: (i) Building height limitation: 2 stories (ii) Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center (iii) Setbacks: 50% of the height of the building, but not less than 15 feet C. Those essential services identified in sections 2.01.03(G)(1) and (G)(3) of the LDC. 08- CPS - 00902 \42 1� �•ER xlnn se�i•wt) GOLF CLUB OF THE EVERGLADE: (A) VACANT (A -MHO) Exhibit C '15' TYPE W LANDSCAPE BUFFER PER WC. BOUNDARY \ FUTURES DEvOPMEN'C � •:. �� ♦ , o0tr vw_i4sEveouNOnm \\ F• N�b� bEYEtoPUeM'.. \ \ EXL511NC CWBF4"E AM WVNiENWCE FAC3U ES Agenda Item No. 8B January 26, 2010 VACANT (A -MHO) am e N PROJECT: OLDE FLORIDA GOLF CLUB — MAP OF FUTURE DEVELOPMENT ENVELOPE I CLIENT: OLDE FLORIDA GOLF CLUB - - Wil*miller scu.c: N.T.S. DEC. 2009 rwB • B*m • Eeaboob • &A� • Lmobe" ArdAecb • 1F- SWI5a5 Ca-&"s SEC: 1w . RGE: NEV N0: KsanhRer, fia Pkmte. 00. iNq'.x N0107-015-001 00- N0t0i -o0B JZW Bday km &0 200 • NgakA RWWA 0445 -8507 • ftw 2ar6Q3< 010 • fN IJfi•i67.6191 . Web'Sk MNW.W1BDNfdY.AWn D.. WIEW N0. S.HEE M0. J.M.L. 1322 1 0: 3 Nnv M 9nno - 1d'nR 11 11,11 I1 41 U11\unI N \nni_nzc I-- \onmt I -um e>_nnmMI I.r. j %iii •, PROJECT: OLDE FLORIDA GOLF CLUB — MAP OF FUTURE DEVELOPMENT ENVELOPE I CLIENT: OLDE FLORIDA GOLF CLUB - - Wil*miller scu.c: N.T.S. DEC. 2009 rwB • B*m • Eeaboob • &A� • Lmobe" ArdAecb • 1F- SWI5a5 Ca-&"s SEC: 1w . RGE: NEV N0: KsanhRer, fia Pkmte. 00. iNq'.x N0107-015-001 00- N0t0i -o0B JZW Bday km &0 200 • NgakA RWWA 0445 -8507 • ftw 2ar6Q3< 010 • fN IJfi•i67.6191 . Web'Sk MNW.W1BDNfdY.AWn D.. WIEW N0. S.HEE M0. J.M.L. 1322 1 0: 3 Nnv M 9nno - 1d'nR 11 11,11 I1 41 U11\unI N \nni_nzc I-- \onmt I -um e>_nnmMI I.r. ,&LEGEND REQUIRED EXISTING CONSERVATION EASEMENT 88.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES DUSTING NATIVE VEGETATION WHIN GOLF COURSE ±250 ACRES TOTAL EXISTING NATIVE VEGETATION t3BIIA ACRES FUTURE DEVELOPMENT ENVELOPE EXISTING VEGETATION NOT INCLUDED WITHIN ±233.6 ACRES CONSERVATION PROVIDED EASEMENT B8.4 ACRES GOLF COURSE BUFFER ZONE _ FUTURE DEVELOPMENT ACCESS ±94.2 ACRES PROJECT BOUNDARY ±233.6 ACRES FUTURE DEVELOPMENT AREA Agenda Item No. 813 January 26, 2010 Ior UI loo NOT S: ,& 1. AL DEVELOPMENT WILL BE IN COMPLIANCE WITH THE LDC IN EFFECT AT THE TIME OF DEVELOPMENT. 2. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS CONCEPTUAL REZONE MASTER PLAN, SHALL BE CONSIDERED CONCEPTUAL IN NATURE, THE DESIGN, LOCATION AND CONFIGURATION OF THE LAND IMPROVEMENTS SHALL BE DEFINED AT SITE PLAN APPROVAL OR SUBDIVISION PLAT APPROVAL 3. LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION /CHANGE PRIOR TO CONSTRUCTION PERMITTING. 4. THE AREA DEPICTED AS 'FUTURE DEVELOPMENT ENVELOPE" IS THE AREA WITHIN WHICH FUTURE DEVELOPMENT ON THE PROPERTY WILL OCCUR. THE DELINEATION AND DESIGNATION OF A PRESERVE AREA WILL BE MADE AS AND WHEN REQUIRED BY THE GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT REGULATIONS. ,& NATIVE VEGETATION CALCULATION REQUIRED EXISTING NATIVE VEGETATION WITHIN GOLF COURSE 88.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES EXISTING NATIVE VEGETATION OUTSIDE GOLF COURSE ±250 ACRES TOTAL EXISTING NATIVE VEGETATION t3BIIA ACRES REQUIRED NATIVE VEGETATION (50%) ±233.6 ACRES PROVIDED EXISTING NATIVE VEGETATION WRHIN GOLF COURSE B8.4 ACRES DUSTING CONSERVATION EASEMENT 51.0 ACRES POTENTIAL NATIVE VEGETATION PRESERVATION AREA (INCLUDES 150' BUFFER. EXCLUDES NON -NATIVE VEGETATION) ±94.2 ACRES TOTAL TO BE PROVIDED ±233.6 ACRES "Ll THE ABOVE NATIVE VEGETATION CALCULATIONS ARE APPROXIMATE AND MAY VARY AT THE TIME OF DEVELOPMENT. FINAL ACREAGE OF RETAINED NATIVE VEGETATION SHALL NOT BE LESS THAN 60% OF THE EXISTING ONSITE NATIVE VEGETATION (i.e., 3233.6 ACRES) PROJECT: OLDE FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE CLIENT: OLDS FLORIDA GOLF CLUB �N RLL11DfAN 111ENIIII,: L[ (.M'Y,tlA1_0. WWItl scu.c: N.T.S. DEC. 2009 Wj,� C pwm • Enywen . Ecakows . Siv.eyrrA. LwW=I o Ardfie * . True CM10anik sea rWP, acc: xev wo: P E 0 INL1N NJ; �✓ilB0l1)u11)tEl, IOC. N0107- 015 -OD1 oo- N9107-903 Gown 9YiEUP nu. snccr HP: 3iD0 BJ_yWe, Ad. TPJ. My�b; A�'lde 04J25-B5(N•Pfine 2J9fi99- 4040. Fu23T 1q -6690. WebSAs vWxY.lbMrrlw'.con J.M.L. /1322 2 0: j No+ 02, 2009 14:08: JI IGHTEL! %: \ENC \NOIG7 o0s- o %GC_(re :one) \RCVOt \DD- N0107- UO30U1 -AAwg Agenda Item No. 8B January 26, 2010 Page 188 of 188 SITE SUMMARY �- OPEN SPACE AREA TOTAL. PROJECT AREA 553.7 ACRES TOTAL PROJECT AREA 553.7 ACRES - GOLF COURSE REQUIRED OPEN SPACE (709) 387.6 ACRES EXISTING GOLF COURSE/CUUBHOUSE 146.7 ACRES EXISTING OPEN SPACE PROVIDED (GOLF COURSE) 274.5 ACRES EXISTING NATIVE VEGETATION WITHIN GOLF COURSE ADDITIONAL OPEN SPACE REQUIRED 113.1 ACRES (TO REMAIN) 88.4 ACRES EXISTING CONSERVATION EASEMENT 51.0 ACRES FUTURE DEVELOPMENT AREA FUTURE DEVELOPMENT AREA 182.2 ACRES 100' SETBACK 12.1 ACRES OTHER AREA (OUTSIDE DEVELOPMENT AREA) 37.6 ACRES PROJECT: OLDS FLORIDA GOLF CLUB - MAP OF FUTURE DEVELOPMENT ENVELOPE CLIENT: OLDE FLORIDA GOLF CLUB 1V ils�ii�1'i //er ♦- - - N.T.S. Pimm� . Englleen . &QkaW+ . S me ,'� . Lwdkc&pe Ar&J%cb - Trenpafelion Conauh fj scc: .wp: RGE: em-. Wdsof"er, Ina. - PRacc� No. N0107- 015 -001 U- EP9 • NpL-A Fbriie J4175-ZG7 - Phox 219- 6a5 <D/O . Fu 29s4W-64A/ Wb -SaDRwN er E. No. J.M.L./1322 03 \005 -OFf.0 rmnn1 \R: vnl\nn.- N ...._