Backup Documents 12/10-11/2013 Item #17DCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To : Clerk to the Board: Please place the following as a:
x Normal legal Advertisement
(Display Adv., Location, etc.)
Originating, Dept/Div: GM_ Pj
_PIa 11 DY,
Date: November 12, 2013
Petition No (If none, give a brief description): PL20120002095
Other:
------------------------------
Person: Nancy GUndlach Principal Planner
Petitioner: (Name & Address): John M. Passidorno and William J. Dempsey
Cheffy Passidomo, P.A.
821 5"' Avenue South
Naples, Florida 34102
Name & Address of any person(s) to be notified by the Clerk's office:
(if more spare is needed, attach separate sheet)
Hearing before X BCC
BZA Other
Requested Hearing date: 12110/2013 (Based on advertisement appearing 20 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News Account #068779 Other
Purchase Order No. 4500146769
Proposed text: (include legal description & common locations & size: Legal Section.
Companion petition(s), if any & proposed hearing date:
Legally Required
Non -Legal Section
Does Petition Fee include advertising cost? x Yes No. If yes, what account should be charged for advertising costs.
131-138326-649100-00000
Reviewed By:
Date: ti"'3
Division Awl nistrator or Designee
List Attachments.
_DISTRIBUTION INSTRUCTIONS
170
A, For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County
Manager. Note: if legal documents is involved, be sure that any necessary legal review, or request for same, is submitted to County
Attorney before submitting to County Manager. The Manager's office will distribute copies:
County Manager agenda file: to Requesting Division
Original
B. Other hearings: initiating Division head to approve and submit original to Clerk's Office: retaining a copy file,
- ----------------- ___ ----------- 1___.1.1 ---------------
B, FOR CLERK'S OFFICE
Date Received I (to Date of Public Hearing Date Advertised
1,7p
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, December 10, 2013 in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will
consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.W. The title of the proposed
Ordinance is as follows:
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 an Agricultural (A) zoning district within Wellfield Risk
Management Special Treatment Overlay zones W-3 and W-4 (ST/W-3 and ST/W-4) to a Residential Planned Unit
Development (RPUD) zoning district within Wellfield Risk Management Special Treatment Overlay zones W-3 and W-4
(ST/W-3 and ST/W-4) for a project to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum
of 25 residential dwelling units and up to 38 boat slips on property located on the Golden Gate canal south of Bear's Paw
in Section 35, Township 49 South, Range 25 East, Collier County, Florida consisting of 10.'5± Acres, and by providing an
effective date. (RZ-PL20120002095)
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual 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 respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any 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 evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department; located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior- to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.,
CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: /s/Patricia Morgan
Deputy Clerk (SEAL)
70
ORDINANCE NO. 1.3 -
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 TIIE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A)
ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3
AND ST/W-4) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT WITHIN WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND
W-4 (ST/W-3 AND ST/W-4) FOR A PROJECT TO BE KNOWN AS THE
LANDINGS AT BEAR'S PAW RPUD TO ALLOW CONSTRUCTION OF
A MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS AND UP TO
38 BOAT SLIPS ON PROPERTY LOCATED ON THE GOLDEN GATE
CANAL SOUTH OF BEAR'S PAW IN SECTION 35, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 1.0.7.5 ± ACRES; AND BY PROVIDING AN
EFFECT.IV.E DATE. (PETITION RZ-PL20120002095)
WHEREAS, Jahn Passidomo, Esquire and William Dempsey, Esquire of Cheffy
Passidomo, P.A., representing Headwaters Development Limited Liability Limited Partnership
LLLP, petitioned the Board of County Commissioners to change the zoning classification of the
herein described property; and
WHEREAS, the Special Treatment zones ST/W-3 and ST/W-4 are not changed by this
rezone.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 35,
Township 49 South, Range 25 East, Collier County, Florida is changed from an Agricultural (A)
zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project
to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25
residential dwelling units and up to 38 boat slips in accordance with Exhibits "A" through "G".
Landings at Bear's Paw\RZ-PL20120002095 1 of 2
Rev. 10/28/13
17D
attached hereto and incorporated by reference herein. The appropriate atlas map or maps as
described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code,
is/are hereby amended accordingly.
SECTION TWO:
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 , 2013..
ATTEST
DWIGHT E. BROCK, CLERK
En
Deputy Clerk
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQUIRE
Chairwoman
Attachments: Exhibit A —
Permitted Uses
Exhibit B —
Development Standards
Exhibit C —
Master Plan (3 pages)
Exhibit D —
I.,egal .Description
Exhibit E —
Requested Deviations from LDC
Exhibit F —
Developer Commitments
Exhibit G —
Sidewalk Exhibit
Exhibit H —
Landscape Exhibit
CP\12-CPS-01199\91
Landings at Bear's Paw\RZ-PL,20120002095 2 of 2
Rev. 10/28/13
170
RESIDENTIAL PLANNED UNIT DEVELOPMENT
DOCUMENT
FOR
THE LANDINGS AT BEARS PAW
Date Of Submittal: October 24, 2013
Prepared by: Clieffy Passidonio, P.A.
17D
EXHIBIT A
PERMITTED USES
No building, structure, or part thereof shall be erected or used within the RPUD, nor shall
any portion of the land within the RPUD be used, other than for the following permitted uses
and a maximum of 25 residential dwelling units:
a. Residential Tract:
i. Permitted Principal Uses:
1. Single family detached dwelling units;
2. Single family attached duplex dwelling units;
3. Single family zero lot line dwelling units;
4. Any other use which is comparable in nature with the foregoing
list of principal uses, as determined by the Board of Zoning
Appeals or Hearing Examiner by the process set forth in the
Collier County Land Development Code ("LI:)C;").
ii. Permitted Accessory Uses:
1. Accessory uses customarily associated with residential uses,
including but not limited to private recreational single -fancily boat
docks, mooring pilings, boat lifts/davits, swimming pools, spas,
and screen enclosures to serve residents and their guests;
2. Recreational facilities such as clubhouses, observation decks,
parks, playgrounds, pedestrian walkways, and bicycle paths to
serve residents and their guests;
3. Any other use which is comparable in nature with the foregoing
list of permitted accessory uses, as determined by the Board of
Zoning Appeals or Hearing Examiner by the process set forth in
the Collier County Land Development Code ("LDC").
b. Amenity Area:
i. Permitted Uses:
1. A golf cart path, and uses and structures customarily associated
with waterfront residential amenity areas, including but not limited
to swimming pools, spas, parking, private recreational single
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family boat docks, mooring pilings, boat lifts/davits, picnic areas,
and kayak launches to serve residents and their guests; and
2. Any other use or structure which is comparable in nature with the
foregoing list of uses and structures, as determined by the Board of
Zoning Appeals or Hearing Examiner by the process set forth in
the Collier County Land Development Code.
c. Golden Gate Canal (as to the Northern '/Z of the Golden Gate Canal abutting
the project):
Permitted Uses: private recreational single-family boat docks, mooring
pilings, boat lifts/davits, and kayak launches to serve residents and their
guests. All docks are reserved for the exclusive use of the owners of
dwelling units within the RPUD property. No more than ten (10) boat
slips may be constructed adjacent to the Amenity Area, no more than two
(2) boat slips may be constructed adjacent to each platted single-family
water -front lot, and no more than thirty-eight (38) slips may be
constructed within the project. Except for any deviations listed in this
RPUD Document, all docks and boat slips shall be subject to the
requirements of LDC Section 5.03.06 and, to the extent applicable, the
Manatee Protection Plan.
d. General: The following structures and uses shall be considered general permitted
uses throughout the RPUD:
Essential Services facilities designed and operated to provide water,
sewer, gas, telephone, electricity, cable television or communications to
the general public, as described in LDC Section 2.01.03;
ii. Water management facilities and related structures; and
iii. Guardhouses, gatehouses, and access control structures.
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17D
EXHIBIT B
DEVELOPMENT STANDARDS
The following Development Standards shall apply to all development within the RPM
I. Residential: The table below sets forth the development standards for residential
principal and accessory structures within the RPM. Standards not specifically set forth
herein shall be those specified in applicable sections of the LDC in effect as of the date of
approval of the SDP or subdivision plat:
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS
SINGLE-FAMILY
DETACHED
SINGLE-FAMILY
ATTACHED/
DUPLEX AND
ZERO -LOT -LINE
PRINCIPAL STRUCTURES
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17D
EXHIBIT C
CONCEPTUAL MASTER PLAN
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LEGAL DESCRIPTIQN
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EXHIBIT E
LIST OF LDC DEVIATIONS
NOTE: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed
in this Exhibit E.
Deviation # 1 seeks relief from LDC Section 6.06.01.1, `'Street System Requirements,"
which states that dead-end streets are prohibited except when designed as a cul-de-sac, to
allow the .internal dead-end street to terminate in a "T" junction vehicular turnaround, as
generally depicted on the Conceptual Master Plan. Final location and dimensions of the
"T" junction shall be determined at the time of site development plan approval, and shall
meet local fire district standards.
Deviation #2 seeks relief from LDC Section 6.06.0l.N, "Street System Requirements,"
and Appendix B, "Typical Street Sections," which establish a 60 -foot width for local
roads. to allow a 50 -foot wide road in accordance with the internal right of way cross
section attached under Exhibit C.
3. Deviation 93 seeks relief from LDC Section 6.06.02A.2., "Sidewalks and Bike Lane
Pathway Requirements," which requires sidewalks on both sides of a right-of-way or
easement internal to a site, to allow for a sidewalk to be constructed along one side of the
right-of-way, including the western terminus of the "T" junction described in Deviation #
1, above.
4. Deviation #4 seeks relief from LDC Section 5.03.06.E.5., "Dock Facilities," which
requires dock facilities to have a side setback of 15 feet for dock facilities on lots with
greater than 60 feet of water frontage, to allow a 7.5 -foot side setbacks for the private
single-family community dock facilities located along that section of Golden Gate Canal
within the Residential Tract. provided that such slips are parallel to (rather than
perpendicular to) the shoreline.
Deviation #5 seeks relief from LDC Section 4.07.02.6.1., "Open Space Requirements,"
which requires that PUD districts composed entirely of residential dwelling units and
accessory uses to devote at least 60 percent of the gross area to usable open space, to
allow at least 50 percent of the gross area to be devoted to usable open space; provided,
however, that landscaping internal to the project shall be provided in substantial
conformity with the conceptual enhanced landscape plan attached hereto as Exhibit H.
6. Deviation 46 seeks relief from LDC Section 5.03.02.C.b., "Fences and Walls," which
permits walls at a maximum height of 6 feet in the rear and side yards of designated
residential components of PVDs, to allow walls at a maximum height of 8 feet in the non -
waterfront rear and side yards of the residential lots.
Deviation #7 seeks relief' from LDC Section 5.06.02.B.1.b., "-Development Standards for
Signs within Residential Districts," which requires signs within residential PUDs to be
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17D
located no closer than 10 feet from the property tine or from the edge of the roadway,
paved surface, or back of curb, as applicable, to allow project entry signage to be set back
a minimum of five (5) feet from the property line.
Deviation 48 seeks relief from LDC Section 4.06.02.0.1. "Alternate A. Landscape
Buffer," which requires a ten -foot -wide landscape buffer with trees spaced no more than
30 feet on center, to allow a modified Alternate A Landscape Buffer with trees spaced an
average of 45 feet on center for that portion of the project adjacent to the Golden Gate
Canal. The equivalent number of trees otherwise required by the 30 -foot spacing shall be
provided within the Alternative A. Landscape Buffer located on the Residential Tract
along the Golden Gate Canal.
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ExHIBrr F
LIST OF DEVELOPER COMMITMENTS
PUD Monitoring:
One entity (hereinafter the "Managing Entity") shall be responsible for PUD monitoring
until close-out of the RPUD, and this entity shall also be responsible for satisfying all
RPUD commitments until close-out of the PUD. At the time of this RPUD approval, the
Managing Entity shall be Headwaters Development Limited Liability Limited
Partnership, LLLP, a Florida limited liability limited partnership (the "Developer").
Should the Managing Entity desire to transfer the monitoring and related commitments to
a successor entity, then it must provide a copy of a legally binding document to be
approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of its obligations upon written approval of the transfer
by County staff, and the successor entity shall become the Managing Entity. As
Developer sells off tracts, the Managing Entity shall provide written notice to County that
includes an acknowledgement of the commitments required by the RPUD by the new
owner and the new owner's agreement to comply with the commitments through the
Managing Entity, but the Managing Entity shall not be relieved of its responsibility under
this Section. When the RPUD is closed -out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of RPUD commitments.
1I. Utilities:
Potable water distribution and sewage collection and transmission systems shall be
constructed throughout the RPUD by the Developer. Potable water and sanitary sewer
facilities constructed within platted rights of way or within City of Naples utility
easements shall be conveyed to City of Naples pursuant to the LDC.
111. Transportation:
Access to and from the RPUD and the Golden Gate Parkway right of way is
provided by the Right of Way Easement Agreement recorded in Official Records
Book 4097, Page 661, as amended in Official Records Book 4535, Page 2342,
both of the Public Records of Collier County, Florida (the "Access Easement"),
and Developer shall be responsible for fulfilling its obligations under the Access
Easement. No later than sixty (60) days after approval of this RPUD, an
amendment to the Access Easement between Developer and the County shall
completed, signed, and recorded to: 1. Provide terms for maintenance of the
improvements within the Access Easement; 2. Provide continuous access over the
Access Easement to the County; 3. Permit the construction of a private entry gate
within the Access Easement (to be constructed and maintained by Developer, or
the homeowner's association described in Section V, below), so long as that
portion of the Access Easement over which access is limited by the entry gate is
not open to the public or publicly maintained; and 4. Require construction of
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Developer's connection between the RPLID and Golden Gate Parkway.
Infrastructure internal to the RPLID (not including roads) may be public, private,
or a combination of public and private. Roads internal to the RPUD shall be
private.
b. Prior to issuance of the first certificate of occupancy for any dwelling unit,
Developer shall construct a single sidewalk connection between the RPUD and
Golden Gate Parkway. Two alternative scenarios may be proposed for the
sidewalk connection:
i. Default Option: Developer shall construct a sidewalk within the Access
Easement from the RPUD entrance to the shared project entrance with the
Gordon River Greenway Park; or
ii. Alternative Option: At the discretion of the County Parks and Recreation
Department and in lieu of the Default Option, the Developer may elect to
connect to the Gordon River Greenway Park asphalt sidewalk that runs
north south parallel and adjacent to the Access Easement ("County's
sidewalk segment''), provided that the necessary access rights are
conveyed to Developer, and — to the extent required by law — the entire
sidewalk segment from the RPUD to the Golden Gate Parkway right of
way is made to be ADA compliant at Developer's cost. The proposed
connection is at or near the southern end of the County's sidewalk
segment, as shown on the attached Sidewalk Exhibit, with all design,
construction and permitting costs to be paid by Developer. If this option is
exercised: 1. Final approval of the sidewalk interconnect plans shall be
subject to review and approval by County Parks and Recreation staff, in
addition to the appropriate Collier County Growth Management Division
staff; and 2. The Developer, its successors and/or assigns (which may
include the homeow'ner's association described in Section V, below), shall
bear a proportionate fair share responsibility for maintenance of the
County's sidewalk segment in perpetuity.
Developer and its successor(s) and/or assign(s) (which may include the
homeowner's association described in Section V, below) shall be responsible for
all operation and maintenance of the internal RPUD roadways, sidewalks or their
appurtenances, and Collier County shall have no responsibility for maintenance of
any such roadways. The foregoing operation and maintenance obligations include
the Access Easement, except that portion of the Access Easement that provides
shared access to the Gordon River Greenway Park.
d. Developer shall not deprive the County Parks and Recreation Department of use
of the Access Easement for purposes of maintaining the Gordon River Greenway
Park or any of its related features or appurtenances.
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e. Prior to issuance of the first building permit for any structure in the project,
Developer shall pay the County (Parks and Recreation Department) one-half of
the total sum of $140,365.20 as reimbursement for % of its fair share of the funds
expended by Collier County for construction of roadway improvements within the
Access Easement. The remaining % balance (or $70,182.60) shall be due and
payable to the County (Parks and Recreation Department) prior to issuance of the
first certificate of occupancy for a dwelling unit.
IV. Environmental:
Pursuant to LDC Section 3.05.0711.1.f.i. and iii., Developer shall satisfy all of its on-site
native vegetation preserve requirement by making a monetary payment to Collier County
in the amount of $103,255.00. The payment amount is based on the allocation of the
$1,500,000.00 purchase price paid by Developer for the RPUD to the .74 acre area of
native vegetation that would otherwise be preserved onsite. The payment shall be made
prior to final site plan and/or plat approval, whichever is earlier.
Developer, its successors and/or assigns (which may include the homeowner's
association described in Section V, below), shall be responsible for maintenance of
improvements located within that portion of the Golden Gate Canal within the project
boundary, as depicted on Exhibit C.
V. Plannin and Common Area Maintenance:
Prior to issuance of the first residential certificate of occupancy, Developer shall establish
a homeowner's association, which shall be responsible for maintenance of the RPUD
common areas, water management areas, community infrastructure, improvements within
the Access Easement, and internal roadway.
VI. Miscellaneous: A certified archaeologist will be onsite during all excavations to monitor
for the presence of historical and/or archaeological artifacts or resources.
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SIDEWALK EXHIBIT
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Acct: #068779
November 13, 2013
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: RZ-PL20120002095: Landing at Bear's Paw RPUD
Dear Legals:
Please advertise the above referenced notice on Wednesday, November 20, 2013
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.#4500146769
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, December 10, 2013, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT
WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES
W-3 AND W-4 (ST/W-3 AND ST/W-4) TO A RESIDENTIAL, PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3
AND ST/W-4) FOR A PROJECT TO BE KNOWN AS THE LANDINGS AT BEAR'S
PAW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF 25 RESIDENTIAL
DWELLING UNITS AND UP TO 38 BOAT SLIPS ON PROPERTY LOCATED ON
THE GOLDEN GATE CANAL SOUTH OF BEAR'S PAW IN SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 10.75 +/- ACRES; AND BY PROVIDING AN EFFECTIVE
DATE. (PETITION: RZ-20120002095)
Copies of the proposed Ordinance are on 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 on any agenda item must register
with the County administratorrp for to presentation of the agenda
item to be addressed. Individual speakers will be limited to 3
minutes on any item. The selection of an individual 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 respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
17D
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 evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in the proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite 101, 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
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
~^ County of Collier
CLERK OF THE` CIRCUIT COURT
Dwight E. Brock COLLIER COUNTY COORTHOUSE
Clerk of Courts 3315 TAMIAMI TRL E STE 102?1.. P.O. BOX 413044
NAPLES, FLORIDA tir NAPLES, FLORIDA
34112-5324 X34101-3044
Y
November 13, 2013
Cheffy Passidomo, P.A.
Attn: William J. Dempsey
821 5th Avenue South
Naples, FL 34102
Re: RZ-PL20120002095: Landing at Bear's Paw RPUD
Dear Petitioner:
170
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, December 10, 2013, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Wednesday, November 20, 2013.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
2Manrthaergara,
Deputy Clerk
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk�collierclerk.com
r� County of Collier
CLERK OF TH9 CIRCUIT COURT
Dwight E. Brock COLLIER COUhI;�Y COORTHOUSE
Clerk of Courts 3315 TAMIAMI TRL E STE 102',-111-,11 P.O. BOX 413044
NAPLES, FLORIDA r NAPLES, FLORIDA
34112-5324 X34101-3044
November 13, 2013
Cheffy Passidomo, P.A.
Attn: John M. Passidomo
821 5th Avenue South
Naples, FL 34102
Re: RZ-PL20120002095: Landing at Bear's Paw RPUD
Dear Petitioner:
17D
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by the Board
of County Commissioners on Tuesday, December 10, 2013, as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Wednesday, November 20, 2013.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- Coll ierClerk(2(colIierclerk.com
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,December 10, 2013, in the Boardroom, 3rd 1 7 D
Floor, Administration Building, Collier County Government Center, 329-0Tamiami
Trail East, Naples, Florida; the Surd oIf County Cari7missioner� will consider the
enactment of a County Ordinance, The meeting w€I,I'commence at 111e'00 A.,M. The ti-
tle Qf'tite'Proposed Ordinance is as foliow$;
AN ORDINANCE OF THE BOARD OF. COI NTY C -C) IMISS16NERS OF COLLIER
COUNTY, FLORIDA AMENDING ORDINANCE NO, 2004-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A(ZONING DISTRICT
WITHIN WFLLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES
W 3 AND W 4 (ST/W 3 AND ST/W 4) TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN W£LLFIEL.D RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONES W 3 AND W`4 (STNV 3 AND ST/W 4) FOR A
PROJECT TO BE KNOWN AS THE LANDINGS AT BEAR'S FAVI( RPUD TO ALLOW
CONSTRUCTION OF A'MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS AND UP TO
3€I 80AT'SUPS ON PRO ERT`f LOCATED ON THE GOLDEN GATE CANAL SOUTH OF
BEAR'S PAW IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 10.75 +/-ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. (PETITION: RZ PL20120002495)
.Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend acid be heard.
NOTE. All persons Wishing to speak on any. agenda. item must register with the
County administrator prior to presentation of the agenda item -to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf ofan organization or group is encouraged. IE
recognized bythe 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 materiels included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any rase, written Materials intendted to be considered by the
Board shall be submitted to the appropnate County staff a minimum of seven days
pprior 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.verbat m
record of 'the proceedings is mode, which -record includes the testimony and
evidence upon which the appeal is based..
If you are a person ittith a disability who needs any acifo rmodation in Fardel' to
participate in the proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facillties`Management
Department, located at 3335 Tamiami Trail East, Suite 101, Building WNaples,
Florida 3-4112, (239) 2S2 -B3 0. Assisted listening devices for the hear€ng irt�pairecl
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, E'SQ., CHAIRWOMAN
(DWIGHT E. BROCK, CLERK
By: Martha Vergara, DepLity Clerk
r 20.20'13 No.
NOTICE OF INTENT TO CONSIDER €ORDINANCE,
r 2013 in the Boardroom, 3rJ70
Notice is l�erelay c�:ven that ori Tuesday, December 10, ,
Floor, Administration Bullding, Collier County Government Center, 3299 Tarniaml
Trail East, Naples, Florida; the Board of County Cbmmissiorrera will consider the
enactment of a County Ordinance, The 1.meeting will`commer1ce at 90.-0) A.M. The ti-
tle
-tle of the proposed Ordinance is as follows
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER,
COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41', AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONC
NING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLOMDA BY AMENDING THE APPROPRIATE,ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN
DESCRIBED REAL PROPERTY FROM .AN AGRICULTURAL (A( ZONING DISTRICT
WITHIN WFLLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES
W 3 AND W 4 (ST/W 3 AND ST/W 4) TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONES W 3 AND W 4 (ST/W 3 AND ST/W 4) FOR
PROJECT TO BE KNOWN AS THE LANDINGS AT BEAR'S PAW RPUD TO ALLOW
CONSTRUCTION OF A MAXIMUM OF 25 RESIDENTIAL DWELLING, UNITS AND UP TO
38 BOAT SLIPS ON PROPERTY L+C7 ATEI .ON THE GOLDEN GATE CANAL SOUTH OF
REAR'S PAW IN SECTION -15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 10.75 +l- ACMES, AND BY PROVIDING AN
EFFECTIVE DATE. (PETITION: RZ PL20120002095)
Copies of the proposed Ordinance are on file with the Clerktothe hoard and are
;ivailable for insDection.. All interested parties are invited to attend and be; heard.
NOTE: All persons wishing to speak on any. agenda item must register with the
Count yy admrtnrstrator prior to presentation of the. a,genlda item to' be addressed.
Individual speakers will be limited to 3 minutes on anyitem. The selection of ah
individual to speak on behalf of an organization or group is encouraged. if
recognized by the Chairman, a spokesperson for a group or organization may he
allotted tU minutes to speak on an item.
Persians wishing to have written or graphic materials included in the Beard agenda
packets most submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended -to be considered by the
Beard shall be submitted to the appropriate County staff,a minimum of seven days
rior to the pUblic hearing. All material used in presentations.before the Board will
ecome a permanent part'of the record.
Any person who decides to appeal a decision of the Board will geed a record of the
proceedings pertaining thereto and therefore, may need -to ensure that a verbatim
record of'the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
if you are a person with a disability who needs airy ace-ommodatiOn in order to
participate in the proceeding, you .are entitled, at no cost to you, to the prevision
of certain assistance. Please contact the Collier County FacilitiesManagement
Department, located at 3335 Tarniami' Trail East, Suite 101, Buildincg. Wf, Maples,
Florida 34112, (39) 252-8380. Assisted' listening devices for the hearing impaired
are available in the County C,ommi`ssioners' Office,.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT F. BROCK, CLERK
By: Martha Vp_rgara, Deputy Clerk
(SEAL)
November 2-0. 20013 No. 2007
AN ORMN
c6UNTY, F
C`O L,L1 t R,
C01MMEM
COLLIER.
MAP,cok tv
'aNGE OF THE ''BOARD OF COUIVTi(: COMI
L.bRtDA AMENDI'N6 tlltDiNANCE 110. 200
OUN7Y LAND IiEVEIUI?ME141CODE, VILI
NSfVE ZONING REGULATION5 FOR•THE UNI
)UN 7Y..FLORdD'A. BY AMENDiNG7HE APPF
i ES'CRI'RED RE,
WITI-SIN ULF1
w�3 ►N D-1tv..
C�EVELOPNIENt
CONSTRU.CTI,
38,OOAT SLIP
,B EAR`S PAW
Col), N,T,,Y,t FL
:EFFECTIVE D.A
BY CHANGiNG'THC zOMUG CLASSIr-1
+L, pOOPER`F'Y FROM AN .AOICUIT F
Elb RISK MAN`AGIv;MENT SPECIAL TRE,
,,RP'UD)' ZONI.N(5,I�i�TRI"L'r,''VtifITIIIN tiVimLl.
RENT OVERLAYU NES'U =3 +I�iGi'W11-q. {5
KN31/N;AS THF LANDINGS AT ,REA`R
t�F;M.IMU' OF zS RESI.D�E'NTIAL (31
iN PRdPERTY dcATEIJ.'1ON TKE'.G.IOLD'[
119,tl,I,'0N SS,,,T .'1i'� NSHIP 49 ,-OUTH,,
ICDA 'CON'515T"IN,G OF 1.6,15 4.1 .ACRE
{�'ETITIt�N.RZ-t�I.Zt�1Zt��{�2t1�5)�"
17D
4IS.SIONERS, OF C6LLI.tR
t -414 -AS, AMENDED, THEII,CH S'STAR,LISHED 'iHE
UCOR1PdRAtED AREA OF
t3PRIATF- ZONING ATW:
:,ATI'CIN`'S ,OF THE HEREIN
4L (A�{ ZONING DfS `R' ICr
`t`MENT'QVE:RLAY ZONES'
NT1A►L .PLANN'ED UNFIT
IELD RISK �ANAGEIVI�NT`
"Iw-3 ,AN,D STlV�r= ) FC R A.
'S PA'Uil Ft'P'U ► TO A' LL!�W
VELLI,NG UNITS AND Old
hI'GATE,,CANAL 50UTN:0,F
kAN-E 25 EAST, 0LLI.ER
#� AND BY .PROVIDING AN°
-Copies- f.th�e proposed ,or4in`ance .are on fila with the C�lerk.to� the Doard 'and: are,.
ave%lble fctr Mspe�ct'r'an,. :Ail' interested pa'rties are•�inVited ,to attend -an`d be h -earl.
All perspris Mshirrg tn.s,peak 'on,any,-tigeh'da. i e -m must r gi`s,ter'vuith the.
Cou Mt 'd m- atorTbe
itir tc pr` s !Maitloh of thea rt iters' to be'.addrested.,
�r
Ihdl, ,lcl t,al pea`kerS r + I(rt'11t. 4d `td'3 *hinute t n `r% r inert': Tl�e seie� tror.� + 'f+an
t
Individual tea sp`�ek crn peh'aiff ofa�ah ord4h]zal[,6 '
:or gr+�up rs encourage'
rerogr fixer! E r the Ch irrrian, a spq esperson fpr a gaup r,r c r, ani lfc r� n. y 1
al
I tt�d I t r shut s c spec, prt an ,i;teht'.
'Pe.r.�o,ns w�shi.ng.�c� ove �rritterr rar:�r'ap-hit Ori f4i!iols included in' fh-e soa�rd,a6ertda,
atkets mush , f reit s.eid `rt a ri .l mintm�a°m of 3,w�e�s. p;rit�r� to �h�, r�sper*ti�t
ublic 'hearing. I ni,anycase, written rtiaterials iin�tended to be .considered by,the,
card ..shall b,e suhrnitte,d',to..thhe a,ppro p ri.ate.' ounty,staff ,a rninimum of-seven,dayrs
gelor tot' he.,pubfic: hearing..All rhtterial,wed in pre�sentati,ohs,before�t�he� boardwill
ecame a;permanent part of the°reccfrd'.
,Any person' -who decides to--appeal,declsitgmof the Boardwill need, a record of the
roceeding per arr7ing thereto arr .;tFreref+ re, r�tay`r�ee to ensure that aver
ecor'd .cif the' p`rpceedint�s ts, rimzcle,,Whk:''h', re!q rd includes th,o t#�tirrt,onjr grid
evI e,hc6 .-upon whichtl�ie appeal ,is based.
are a, person -`+pith 4[s` i brlity a i,o rieer`ls r� accoM:mb'd ti n lwordet t6.
... ., ► j
;part►tipate in'ihe pr eetirng, yore Ore htitle;d, at nig cost tojoy ''o, -tlie pravisiom
of.ce , ain �ssist�n�6. P ease cot�tact t �e Collier Cotanty 1r�cilit�e�s IV>r.a�nac��rrient
ale r ' er�k Flo t cl ti.3335 Fain'' ryll' i, i) -ast, SUI't�li3O , gLiilding W Nap eS�-
Ic�ricla 3411 ; (,239 252-83O �sl ed listpnin`§ devices fi r�tho' h�e�aring{ impairedare:ivail�a ,le,in" thl� County CoiIssir�ners",w ce..
ROAR D0F,CO JNTY-JtgIMMISSIONOS.
COLLIEk,0UNTY, iLORIdA
t Ch*/WI.3l A. Uil M C�'3 C,�'1 t`#.iAiblAJ/!O►RAAh1
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, Decembert10, 2013, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 Tamiami
Trail East,Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDIN4NCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER
COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004.41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
( COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT
W-34 AND j".,(iTJ?N�7:r!t4'�F�sTnlva) to
CONSTRUCTION OF A MAXIMUM OF 25 RESIDENTIAL DWELL uI
38 BOAT SLIPS ON PROPERTY LOCATED ON THE GOLDEN GATE a
PAW IN
TOWNSHIP 49
RANGE 25
rr%IMTil CONSTTINGOF10.75++/CES: NDBY
Copies of the proposed Ordinance are on 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 on any agenda item must register with the
=administrator prior to presentation of the- agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual 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 respective
ppublic hearing. In any case, written materials intended to be consideredyb the
Board shall be submitted to the appropriate County staff a minimum of: seven days
pprwr 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
proceedir s pertaining thereto and therefore, may need to ensure that a'verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a- disability who' needs any accommodation in order to
participate in the proceeding, you are entitlill no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Mana ement
Department, located at 3335 Tamiami Trail East, Suite i01, Building •W, Maples,
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:
GEORGIA A. HILLER, ESQ., CHAIRWOMAN -
DWIGHT E. BROCK, CLERK -
By: Martha Vargas, Deputy Clerk
(SEAL)
�w �n ni:i
Naples Daily News 170
Naples, FL 34110
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112 NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, December 10, 2013, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 Tamiami
Trail East, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
REFERENCE: 068779 title of the proposed Ordinance is as follows:
59733422 NOTICE OF INTEN
COUNTY,INANCE . FLOR DA FTHE BOARD OF AMENDING ORDINANCENNO. COLLER
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE
State of Florida COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING -THE APPROPRIATE ZONING ATLAS
County of Collier MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT
Before the undersigned authority, pE WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES
W-3 AND W-4 (ST/W-3 AND ST/W-4) TO A RESIDENTIAL PLANNED UNIT
appeared Robin Calabrese, who on oath DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONES W-3 AND WA (ST/W-3 AND ST/W-4) FOR A
she serves as the Advertising Director PROJECT TO BE KNOWN AS THE LANDINGS AT BEAR'S PAW RPUD TO ALLOW
CONSTRUCTION OF A MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS AND UP TO
Naples Daily News, a daily newspaper 38 BOAT SLIPS ON PROPERTY LOCATED ON THE GOLDEN GATE CANAL SOUTH OF
BEAR'S PAW IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
Naples, in Collier County, Florida: t COUNTY, FLORIDA CONSISTING OF 10.75 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. (PETITION: RZ-PL20120002095)
attached copy of advertising was publ] Copies of the proposed Ordinance are on file with the Clerk to the Board and are
newspaper on dates listed. available for inspe6on. All interested parties are invited to attend and be heard.
Affiant further says that the said J\ NOTE: All Persons wishing to speak on any agenda item must register with the
y County administrator prior to presentation of the agenda item to be addressed.
News is a newspaper published at NaplE Individual to speak
will be limited to 3 minutes on any item. The selection of an
individual to s eak on behalf of an organization or group is encouraged. If
Collier County Florida and that the recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
newspaper has heretofore been continuo Persons wishing to have written or graphic materials included in to the the Board agenda
published in said Collier County, Flor gublctsmust hearingUin any bmit lcaeatwritten materialsminimum
rof
topberconsidered sby the
da and has been entered as second cla.�oard shall be submitted to the appropriate County staff a minimum of seven days
y prior to the public hearing. All material used in presentations before the Board will
matter at the post office in Naples, i becomeapermanentpartoftherecord.
Collier County, Florida, for a period Any person per decides to appeal a decision therefore, the Board will need a record rb the
y p rreccorddof sthertpro eed ngs ticand s made,which record includesensure
the that
testimonyba verbatim
next preceding the first publication o evidenceuponwhichtheappealisbased.
attached copy of advertisement; and of If you are a person with a disability who needs any accommodation in order to
participate in the proceeding, you are entitled, at no cost to you, to the provision
further says that he has neither paid of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Building W, Naples,
promised any person, firm or corporati Florida 34112, (239) 252-8380. Assisted listening devices for the heanng impaired
discount, rebate, commission or refund are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
purpose of securing this advertisement COLLIER COUNTY, FLORIDA
publication in the said newspaper. GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
PUBLISHED ON: 11/20 By: Martha Vergara, Deputy Clerk
AD SPACE: 102 LINE
FILED ON: 11/20/13
Signature of Affiant
Sworn to and Subscribed'biigore me -t
Personally known by me
(SEAL) her 0 07� No 007 ;0
--------+------------------------
MY COMMISSION # EE 851758
EXPIRES: November 28,2014
Bonded Thru P101111rd Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACC011I1.'ANY ALL ORIGINAL DOCUW' S SENT TO �
THE BOARD OF COUNTY CONMUSSIONERS OFFICE FOR SIGNAU D
Print on pipit p#per. Attuh to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the tithe the item is placed on the agenda. All completed routing slips and original documents most be received in the County Attorney Office no later
than Monday, preceding the Board meeting.
M tIOAW O.: , .._.
Compkk� routing W as #1 through #2 as appropriate for additiotlsi signew I -dates, or hlfiotmafton needed. If the document is already complete with the
excretion tithe [lluunana's sitmutme_ draw a line tlntrudt nw inn Umik & l thmnoh 02 mnwdoAr #,P AwArliet rvi firmard to the r..to Atbwrkwv tVH-
001 t0 A S (List in routing order) -
cam
iniflals
Date
1. County Attorney Office
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t
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ad&ean stirme_ ttnw nevi #n amtad sMff ffx additional ry mimmv in6rmati�
Name OPOMMY Staff '
Nancy Gundlach o�q
Phone Number
(239)252 -
Contact 1'Department
t
\
'tial
A licable
AguWaDvie teht was
December 10, 201Y
Agenda item Number
17 D.
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Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Tuesday, December 17, 2013 12:38 PM
To: Gundlach, Nancy
Subject: Ordinance 2013-66 Landings at Bear's Paw
Attachments: Ordinance 2013-66.pdf
Hi Nancy,
Because we file Ordinances electronically with the Department of State now,
the Landings Bear's Paw RPUD document has already been filed.
So, attached for your records is Ordinance, 2013-66, filed yesterday.
And since the Ordinances will no longer have an official State stamp
on them going forward, I included a memo they sent that confirms
receipt and filing.
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408(Fax)
1
17D
17D
ORDINANCE NO. 13- 6 6
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 AN AGRICULTURAL (A)
ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT
SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3
AND ST/W-4) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT WITHIN WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND
W-4 (ST/W-3 AND ST/W-4) FOR A PROJECT TO BE KNOWN AS THE
LANDINGS AT BEAR'S PAW RPUD TO ALLOW CONSTRUCTION OF
A MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS AND UP TO
38 BOAT SLIPS ON PROPERTY LOCATED ON THE GOLDEN GATE
CANAL SOUTH OF BEAR'S PAW IN SECTION 35, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 10.75 f ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. (PETITION RZ-PL20120002095)
WHEREAS, John Passidomo, Esquire and William Dempsey, Esquire of Cheffy
Passidomo, P.A., representing Headwaters Development Limited Liability Limited Partnership
LLLP, petitioned the Board of County Commissioners to change the zoning classification of the
herein described property; and
WHEREAS, the Special Treatment zones ST/W-3 and ST/W-4 are not changed by this
rezone.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 35,
Township 49 South, Range 25 East, Collier County, Florida is changed from an Agricultural (A)
zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project
to be known as the Landings at Bear's Paw RPUD to allow construction of a maximum of 25
residential dwelling units and up to 38 boat slips in accordance with Exhibits "A" through "G",
Landings at Bear's Paw\RZ-PL20120002095 1 of 2
Rev. 10/28/13
so
iso
attached hereto and incorporated by reference herein. The appropriate atlas map or maps as
described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code,
is/are hereby amended accordingly.
SECTION TWO:
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 a "(,—, 2013.
ATTEST BOARD
DWIGHT E., -BROCK, .CLERK COLLI
By: C
By:
D u erk' GI
Attest a . Nf'S
signature' ,'Only` ," a
Approved as to form and legality:
A-, I A, oo
Heidi Ashton-Cicko
Managing Assistant County attorney
Attachments: Exhibit A — Permitted Uses
UNTY C MMISSIONERS
KTY, FLORIDA
GIA A. HILLER, ESQUIRE
Chairwoman
Exhibit B —
Development Standards
Exhibit C —
Master Plan (3 pages)
Exhibit D —
Legal Description
Exhibit E —
Requested Deviations from
LDC
Exhibit F —
Developer Commitments
Exhibit G —
Sidewalk Exhibit
Exhibit H —
Landscape Exhibit
CP\12-CPS-01199\91
i��r;-
day of
C7p1J Qcknowle.-IJ ^af t
f1' 'ii ff'C 1Ved t. is day
ay
p
By
�P CIO
Landings at Bear's Paw\RZ-PL20120002095 2 of 2
Rev. 10/28/13
iso
RESIDENTIAL PLANNED UNIT DEVELOPMENT
DOCUMENT
FOR
THE LANDINGS AT BEARS PAW
Date of Submittal: October 24, 2013
Prepared by: Cheffy Passidomo, P.A.
17D
EXHIBIT A
PERMITTED USES
No building, structure, or part thereof shall be erected or used within the RPUD, nor shall
any portion of the land within the RPUD be used, other than for the following permitted uses
and a maximum of 25 residential dwelling units:
a. Residential Tract:
i. Permitted Principal Uses:
1. Single family detached dwelling units;
2. Single family attached duplex dwelling units;
3. Single family zero lot line dwelling units;
4. Any other use which is comparable in nature with the foregoing
list of principal uses, as determined by the Board of Zoning
Appeals or Hearing Examiner by the process set forth in the
Collier County Land Development Code ("LDC").
ii. Permitted Accessory Uses:
1. Accessory uses customarily associated with residential uses,
including but not limited to private recreational single-family boat
docks, mooring pilings, boat lifts/davits, swimming pools, spas,
and screen enclosures to serve residents and their guests;
2. Recreational facilities such as clubhouses, observation decks,
parks, playgrounds, pedestrian walkways, and bicycle paths to
serve residents and their guests;
3. Any other use which is comparable in nature with the foregoing
list of permitted accessory uses, as determined by the Board of
Zoning Appeals or Hearing Examiner by the process set forth in
the Collier County Land Development Code ("LDC").
b. Amenity Area:
i. Permitted Uses:
1. A golf cart path, and uses and structures customarily associated
with waterfront residential amenity areas, including but not limited
to swimming pools, spas, parking, private recreational single
The Landings at Bear's Paw Page 1 Of 12
PUDZ-PL20120002095
October 24, 2013
170
family boat docks, mooring pilings, boat lifts/davits, picnic areas,
and kayak launches to serve residents and their guests; and
2. Any other use or structure which is comparable in nature with the
foregoing list of uses and structures, as determined by the Board of
Zoning Appeals or Hearing Examiner by the process set forth in
the Collier County Land Development Code.
c. Golden Gate Canal (as to the Northern 'h of the Golden Gate Canal abutting
the project):
Permitted Uses: private recreational single-family boat docks, mooring
pilings, boat lifts/davits, and kayak launches to serve residents and their
guests. All docks are reserved for the exclusive use of the owners of
dwelling units within the RPUD property. No more than ten (10) boat
slips may be constructed adjacent to the Amenity Area, no more than two
(2) boat slips may be constructed adjacent to each platted single-family
water -front lot, and no more than thirty-eight (38) slips may be
constructed within the project. Except for any deviations listed in this
RPUD Document, all docks and boat slips shall be subject to the
requirements of LDC Section 5.03.06 and, to the extent applicable, the
Manatee Protection Plan.
d. General: The following structures and uses shall be considered general permitted
uses throughout the RPUD:
i. Essential Services facilities designed and operated to provide water,
sewer, gas, telephone, electricity, cable television or communications to
the general public, as described in LDC Section 2.01.03;
ii. Water management facilities and related structures; and
iii. Guardhouses, gatehouses, and access control structures.
The Landings at Bear's Paw Page 2 of 12
PUDZ-PL20120002095
October 24, 2013
EXHIBIT B 170
DEVELOPMENT STANDARDS
The following Development Standards shall apply to all development within the RPUD:
I. Residential: The table below sets forth the development standards for residential
principal and accessory structures within the RPUD. Standards not specifically set forth
herein shall be those specified in applicable sections of the LDC in effect as of the date of
approval of the SDP or subdivision plat:
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS
SINGLE-FAMILY
DETACHED
SINGLE-FAMILY
ATTACHED/
DUPLEX AND
ZERO -LOT -LINE
PRNWAL STRUCTURES
MINIMUM LOT AREA
.5,600 S.F.
2,800 S.F.
MINIMUM LUT WIDTH
40'
20'
MINIMUM FLC JR AREA
1,200 S.F.
1,200 S.F.
MINIMUM FRONT YARD SETBACK
20'
20'
MINIMUM SIDE YARD 'ETHAC;K
5'
0' OR 5'
MINIMUM REAR YAR") �ET?ACK
20'
20'
MINIMUM DISTANCE F ET'AIEEN
STF�t1t;Tl,�;E�
�
`
0, OR 10'
MAXIMUV !' LILDING HEIGHT NO'T
Tu EXCEED (ACTJAL/ZONED')
ZW/ JV,
ACCESSORY STRUCTURES
MINIMUM FRONT YARD SETHACK `'r
0'
1C'
MINIMUM SIDE YARD SET3ACK
5'
0' OR 5'
MINIMUM REAR YARD SETGACK
0'
10`
MAXIMUM 3UILDING HEIGHT \CT
TO EXCEED (ACTUAL/ZONED),
4 r:
FOR Ht?hT ENTRY GARAGES, A MINIM M OF 2' FFiUM EDGE OF SIDEWALK TO
THE GARAGE MUST 3E PRO4IDED. FOR SIDE ENTRY GARAGES, THE MINIMUM
FRONT YARD SETHAC;K VAY °iE REI)JC:ED TO 12'.
The Landings at Bear's Paw Page 3 of 12
PUDZ-PL20120002095
October 24, 2013
EXHIBIT C 170
CONCEPTUAL MASTER PLAN
The Landings at Bear's Paw Page 4 of 12
PUDZ-PL20120002095
October 24, 2013
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EXHIBIT D 170
LEGAL DESCRIPTION
IN NOR ,H 12 JL NC)R!H Y2 O� SECIfON 155, tOW.NSH!P 49 SOUTH, RANGE 25
v I
LAST, BEGJN AT. THE NORTHNEST CORNER OF Tl -.L-- -5 CT!ON ANO RUN EAST
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, PLACE OF H-ElGiNNiNG, COL -,J COUNTY, FLi-ORICA.
The Landings at Bear's Paw Page 5 of 12
PUDZ-PL20120002095
October 24, 2013
0
EXHIBIT E 170
LIST OF LDC DEVIATIONS
NOTE: Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed
in this Exhibit E.
1. Deviation # 1 seeks relief from LDC Section 6.06.01.J, "Street System Requirements,"
which states that dead-end streets are prohibited except when designed as a cul-de-sac, to
allow the internal dead-end street to terminate in a "T" junction vehicular turnaround, as
generally depicted on the Conceptual Master Plan. Final location and dimensions of the
"T" junction shall be determined at the time of site development plan approval, and shall
meet local fire district standards.
2. Deviation #2 seeks relief from LDC Section 6.06.0l.N, "Street System Requirements,"
and Appendix B, "Typical Street Sections," which establish a 60 -foot width for local
roads, to allow a 50 -foot wide road in accordance with the internal right of way cross
section attached under Exhibit C.
3. Deviation #3 seeks relief from LDC Section 6.06.02A.2., "Sidewalks and Bike Lane
Pathway Requirements," which requires sidewalks on both sides of a right-of-way or
easement internal to a site, to allow for a sidewalk to be constructed along one side of the
right-of-way, including the western terminus of the "T" junction described in Deviation #
1, above.
4. Deviation 44 seeks relief from LDC Section 5.03.06.E.5., "Dock Facilities," which
requires dock facilities to have a side setback of 15 feet for dock facilities on lots with
greater than 60 feet of water frontage, to allow a 7.5 -foot side setbacks for the private
single-family community dock facilities located along that section of Golden Gate Canal
within the Residential Tract; provided that such slips are parallel to (rather than
perpendicular to) the shoreline.
5. Deviation #5 seeks relief from LDC Section 4.07.02.G.1., "Open Space Requirements,"
which requires that PUD districts composed entirely of residential dwelling units and
accessory uses to devote at least 60 percent of the gross area to usable open space, to
allow at least 50 percent of the gross area to be devoted to usable open space; provided,
however, that landscaping internal to the project shall be provided in substantial
conformity with the conceptual enhanced landscape plan attached hereto as Exhibit H.
6. Deviation #6 seeks relief from LDC Section 5.03.02.C.b., "Fences and Walls," which
permits walls at a maximum height of 6 feet in the rear and side yards of designated
residential components of PUDs, to allow walls at a maximum height of 8 feet in the non -
waterfront rear and side yards of the residential lots.
7. Deviation #7 seeks relief from LDC Section 5.06.02.B.1.b., "Development Standards for
Signs within Residential Districts," which requires signs within residential PUDs to be
The Landings at Bear's Paw Page 6 of 12
PUDZ-PL20120002095
October 24, 2013
located no closer than 10 feet from the property line or from the edge of the road 7, D
paved surface, or back of curb, as applicable, to allow project entry signage to be set back
a minimum of five (5) feet from the property line.
8. Deviation #8 seeks relief from LDC Section 4.06.02.C.1. "Alternate A: Landscape
Buffer," which requires a ten -foot -wide landscape buffer with trees spaced no more than
30 feet on center, to allow a modified Alternate A Landscape Buffer with trees spaced an
average of 45 feet on center for that portion of the project adjacent to the Golden Gate
Canal. The equivalent number of trees otherwise required by the 30 -foot spacing shall be
provided within the Alternative A. Landscape Buffer located on the Residential Tract
along the Golden Gate Canal.
The Landings at Bear's Paw Page 7 of 12
PUDZ-PL20120002095
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0
EXHIBIT F 170
LIST OF DEVELOPER COMMITMENTS
PUD Monitoring:
One entity (hereinafter the "Managing Entity") shall be responsible for PUD monitoring
until close-out of the RPUD, and this entity shall also be responsible for satisfying all
RPUD commitments until close-out of the PUD. At the time of this RPUD approval, the
Managing Entity shall be Headwaters Development Limited Liability Limited
Partnership, LLLP, a Florida limited liability limited partnership (the "Developer").
Should the Managing Entity desire to transfer the monitoring and related commitments to
a successor entity, then it must provide a copy of a legally binding document to be
approved for legal sufficiency by the County Attorney. After such approval, the
Managing Entity will be released of its obligations upon written approval of the transfer
by County staff, and the successor entity shall become the Managing Entity. As
Developer sells off tracts, the Managing Entity shall provide written notice to County that
includes an acknowledgement of the commitments required by the RPUD by the new
owner and the new owner's agreement to comply with the commitments through the
Managing Entity, but the Managing Entity shall not be relieved of its responsibility under
this Section. When the RPUD is closed -out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of RPUD commitments.
II. Utilities:
Potable water distribution and sewage collection and transmission systems shall be
constructed throughout the RPUD by the Developer. Potable water and sanitary sewer
facilities constructed within platted rights of way or within City of Naples utility
easements shall be conveyed to City of Naples pursuant to the LDC.
III. Transportation:
Access to and from the RPUD and the Golden Gate Parkway right of way is
provided by the Right of Way Easement Agreement recorded in Official Records
Book 4097, Page 661, as amended in Official Records Book 4535, Page 2342,
both of the Public Records of Collier County, Florida (the "Access Easement"),
and Developer shall be responsible for fulfilling its obligations under the Access
Easement. No later than sixty (60) days after approval of this RPUD, an
amendment to the Access Easement between Developer and the County shall
completed, signed, and recorded to: 1. Provide terms for maintenance of the
improvements within the Access Easement; 2. Provide continuous access over the
Access Easement to the County; 3. Permit the construction of a private entry gate
within the Access Easement (to be constructed and maintained by Developer, or
the homeowner's association described in Section V, below), so long as that
portion of the Access Easement over which access is limited by the entry gate is
not open to the public or publicly maintained; and 4. Require construction of
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0
170
Developer's connection between the RPUD and Golden Gate Parkway.
Infrastructure internal to the RPUD (not including roads) may be public, private,
or a combination of public and private. Roads internal to the RPUD shall be
private.
b. Prior to issuance of the first certificate of occupancy for any dwelling unit,
Developer shall construct a single sidewalk connection between the RPUD and
Golden Gate Parkway. Two alternative scenarios may be proposed for the
sidewalk connection:
i. Default Option: Developer shall construct a sidewalk within the Access
Easement from the RPUD entrance to the shared project entrance with the
Gordon River Greenway Park; or
ii. Alternative Option: At the discretion of the County Parks and Recreation
Department and in lieu of the Default Option, the Developer may elect to
connect to the Gordon River Greenway Park asphalt sidewalk that runs
north south parallel and adjacent to the Access Easement ("County's
sidewalk segment"), provided that the necessary access rights are
conveyed to Developer, and — to the extent required by law — the entire
sidewalk segment from the RPUD to the Golden Gate Parkway right of
way is made to be ADA compliant at Developer's cost. The proposed
connection is at or near the southern end of the County's sidewalk
segment, as shown on the attached Sidewalk Exhibit, with all design,
construction and permitting costs to be paid by Developer. If this option is
exercised: 1. Final approval of the sidewalk interconnect plans shall be
subject to review and approval by County Parks and Recreation staff, in
addition to the appropriate Collier County Growth Management Division
staff; and 2. The Developer, its successors and/or assigns (which may
include the homeowner's association described in Section V, below), shall
bear a proportionate fair share responsibility for maintenance of the
County's sidewalk segment in perpetuity.
c. Developer and its successor(s) and/or assign(s) (which may include the
homeowner's association described in Section V, below) shall be responsible for
all operation and maintenance of the internal RPUD roadways, sidewalks or their
appurtenances, and Collier County shall have no responsibility for maintenance of
any such roadways. The foregoing operation and maintenance obligations include
the Access Easement, except that portion of the Access Easement that provides
shared access to the Gordon River Greenway Park.
d. Developer shall not deprive the County Parks and Recreation Department of use
of the Access Easement for purposes of maintaining the Gordon River Greenway
Park or any of its related features or appurtenances.
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170
e. Prior to issuance of the first building permit for any structure in the project,
Developer shall pay the County (Parks and Recreation Department) one-half of
the total sum of $140,365.20 as reimbursement for '/2 of its fair share of the funds
expended by Collier County for construction of roadway improvements within the
Access Easement. The remaining '/z balance (or $70,182.60) shall be due and
payable to the County (Parks and Recreation Department) prior to issuance of the
first certificate of occupancy for a dwelling unit.
IV. Environmental:
Pursuant to LDC Section 3.05.07H.l.f.i. and iii., Developer shall satisfy all of its on-site
native vegetation preserve requirement by making a monetary payment to Collier County
in the amount of $103,255.00. The payment amount is based on the allocation of the
$1,500,000.00 purchase price paid by Developer for the RPUD to the .74 acre area of
native vegetation that would otherwise be preserved onsite. The payment shall be made
prior to final site plan and/or plat approval, whichever is earlier.
Developer, its successors and/or assigns (which may include the homeowner's
association described in Section V, below), shall be responsible for maintenance of
improvements located within that portion of the Golden Gate Canal within the project
boundary, as depicted on Exhibit C.
V. Plannine and Common Area Maintenance:
Prior to issuance of the first residential certificate of occupancy, Developer shall establish
a homeowner's association, which shall be responsible for maintenance of the RPUD
common areas, water management areas, community infrastructure, improvements within
the Access Easement, and internal roadway.
VI. Miscellaneous: A certified archaeologist will be onsite during all excavations to monitor
for the presence of historical and/or archaeological artifacts or resources.
The Landings at Bear's Paw Page 10 of 12
PUDZ-PL20120002095
October 24, 2013
17D
SIDEWALK EXHIBIT
The Landings at Bear's Paw Page 11 of 12
PUDZ-PL20120002095
October 24, 2013
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