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Backup Documents 11/09/2010 Item #17CWa 1 COLLI; VOUNItY FLORIDA REQUEST FOR LEGAL AfiVUMING OF MIBLIC HEAR/NGS" To: Clerk to the Board: Please place the following as a: Normal Legal Advertisement Other: (Display Adv., location, etc.) 111#t114Y# 1X1# 1114Y44 ##1##Y41 #Y# #f ##WYYt*YWYkY*YY *YY1111 RYIf1 #YW #YYYYY4ifflt t#t # #YY#1Yhf4Y#f11f Originating Dept/ Div: CDESJZonina Person: Kay Deselem, AICP Date: Petition No. (If none, give brief description): PUDA- PL2010.845, City Gate Commerce Park Petitioner: (Name & Address): Mr. Josh Froth, Davidson Engineering, 3530 Kraft Road, Suite 301, Naples, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is nailed, attach separate sheet) 850 NWN LLC, 159 S. Main Street, Suite 500, Akron, OH 44309 Hearing before BCC BZA Other Requested Hearing date: November 9, 2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Sim: Petition: PUDA- PL2010 -845, 850 NWN, LLC, CG II, LLC & CityGate Development Inc., represented by Josh Fruth of Davidson Engineering Inc., are requesting an amendment to the Planned Unit Development (PUD) for the City Gate Commerce Center, PUD. This amendment seeks to amend Ordinance No. 88 -93 to remove Section VII, entitled Red Cockaded Woodpecker Management Plan, to recognize that said Management Plan has been revised to conform to the City Gate Habitat Conservation Plan and the City gate Federal Fish and Wildlife Permit. The PUD, consisting of 287 t acres, is located at the intersection of Collier Boulevard (CR 951) and City Gate Boulevard in Section 35, Township 49 East, Range 26 South, Collier County, Florida. (Coordinator: Kay Deselem, AICP, Principal Planner) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: Z�lx 4649=1— /O.i /• /O Divisio&Aaministrator or Designee Date List Attachments: _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 document 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 Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'SWFFIIE E ONLY: Date Recei WNW Date of Public hearing: Date Advertised: 1*1#10 17C ORDINANCE NO. 10 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88 -93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY DELETING SECTION VII CONTAINING THE RED COCKADED WOODPECKER MANAGEMENT PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted (1) Ordinance No. 88 -93, the City Gate Commerce Park Planned Unit Development (the "PUD ") and (2) Development Order 88 -02 (the "Development Order"), which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal by the Florida Department of Community Affairs (DCA), a Settlement Agreement between Collier County and DCA resulted in Development Order 90- 4, Resolution No. 90 -431 dated August 28, 1990 (1990 DOA), which amended Section One: Conclusions of Law, Section 4, Vegetation and Wildlife /Wetlands, including paragraphs c and d (which were entitled "Off -Site Mitigation" and "Red Cockaded Woodpecker Management Plan", respectively) of the Development Order; and WHEREAS, the provisions of the 1990 DOA are the currently effective provisions relating to Red Cockaded Woodpecker Management and mitigation; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Petitioner ") owns the PUD property east of the FPL Easement; and WHEREAS, the Petitioner, after formal consultation with the United States Fish and Wildlife Service ( USFWS), developed the City Gate Habitat Conservation Plan (City Gate HCP), which incorporates the latest Red - Cockaded Woodpecker ( "RCW ") management methods; and WHEREAS, the City Gate HCP was approved by the USFWS on March 30, 2009 and issued a Federal Fish &Wildlife Permit (City Gate Federal Permit) to the Petitioner on July 1, 2009; and Underlined text is added; 8"ek through text is deleted. Page I of 5 City Gate PUDA- PL2010 -845 Rev. 7/19/10 17C WHEREAS, the City Gate Federal Permit incorporates the most current RCW mitigation strategies; and WHEREAS, the RCW Management Plan in the 1988 PUD varies from the RCW management plan and mitigation strategies required by the City Gate HCP and City Gate Federal Permit; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, Petitioner, simultaneously with Petitioner's petition to amend the PUD in the manner set forth herein, has petitioned to amend the 1990 DOA to conform the RCW Management Plan and mitigation strategies of the Development Order to the RCW management and mitigation requirements of the City Gate HCP and Federal Permit respectively; and WHEREAS, upon the approval of Petition Number DOA- PL2010 -843 and the adoption of a resolution amending the 1990 DOA (the 2010 DOA), the operative RCW management and mitigations requirements for the City Gate DRI/PUD will be the requirements of the 2010 DOA; and WHEREAS, for clarity and administrative efficiency, both the County and Petitioner agree that: (1) the RCW management and mitigations requirements for the City Gate DRUPUD will be the requirements of the City Gate HCP and Federal Permit respectively which shall be required by the 2010 DOA, and (2) that any actual or potential conflicts between the DRI and PUD with respect the RCW management and mitigation should be eliminated by deleting all provisions regarding RCW management and mitigation from the PUD, so that the requirements shall be only as set forth in the 2010 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on 2010. WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD to conform to the City Gate HCP and the City Gate Federal Permit, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: Underlined text is added; Sim& t#uugh text is deleted. Page 2 of 5 City Gate PUDA- PL2010 -845 Rev. 7/19/10 17C SECTION ONE: AMENDMENTS TO SECTION VII OF THE PUD DOCUMENT IN ORDINANCE NO. 88 -93, THE CITY GATE COMMERCE PARK PUD. Ordinance 88 -93 is hereby amended as follows: Section VII of the PUD document is hereby deleted in its entirety: Underlined text is added; Stfueh-threagh text is deleted. Page 3 of 5 City Gate PUDA- PL2010 -845 Rev. 7/19/10 .. ` ... ■. .. Underlined text is added; Stfueh-threagh text is deleted. Page 3 of 5 City Gate PUDA- PL2010 -845 Rev. 7/19/10 17C FIRM Y4 - MOM WON ;. - . -- ... . . . . ... . . . . . . .. . .. . .. ... .. Y. Y4 - MOM WON Y4 - WON . Underlined text is added; Str�Ii text is deleted. Page 4 of 5 City Gate PUDA- PL2010 -845 Rev. 7/19/10 17C J-�life ha hitfit Requisition plan is ado the ptupese ef SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this _ day of ATTEST: DWIGHT E. BROCK, CLERK I5A , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Assistant County Attorney CP110- CPS - 01034\7 City Gate PUDA- PL2010 -845 Rev. 7/19/10 2010. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Un FRED W. COYLE, Chairman Underlined text is added; Steuele4hfeugh text is deleted. Page 5 of 5 17C Acct. #068779 October 15, 2010 Attn: Legals Naples Daily News 1100 Immokalee Road Naples, FL 34110 RE: PUDA- PL2010 -845 City Gate Commerce Park Dear Legals: Please advertise the above referenced petition on Sunday, October 24, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 NOTICE OF INTENT TO CONSIDER ORDINANCE 17 tI Notice is hereby given that on Tuesday, November 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, 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. 88 -93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY DELETING SECTION VII CONTAINING THE RED COCKADED WOODPECKER MANAGEMENT PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Petition: PUDA- PL2010 -845, 850 NWN, LLC, CG II, LLC & City Gate Development Inc., represented by Josh Fruth of Davidson Engineering, Inc., are requesting an amendment to the Planned Unit Development (PUD) for the City Gate Commerce Center PUD. This amendment seeks to amend Ordinance No. 88 -93 to remove Section VII, entitled Red Cockaded Woodpecker Management Plan, to recognize that said Management Plan has been revised to conform to the City Gate Habitat Conservation Plan and the City Gate Federal Fish and Wildlife Permit. The PUD, consisting of 287± acres, is located at the intersection of Collier Boulevard (CR 951) and City Gate Boulevard in Section 35, Township 49 East, Range 26 South, Collier County, Florida. 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 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 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. 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 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 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. 17 C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts October 15, 2010 'County of Co' llier 17C CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI FRAIL EAST PO. BOX 413044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds Josh Fruth Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 RE: PUDA- PL2010 -845: City Gate Commerce Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK lJ O•( . Ann Jenne) Deputy Clerk Enclosure Phonc (239) 252 -2646 Fax (239) 252 -2755 Websitc: www.collierclerk.com Email• collierclerk(Wcollierclerk.com Dwight E. Brock Clerk of Courts October 15, 2010 -_ County of Collier 17C CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TANIIAMI TRAIL EAST P.O. BOX 4 "!3044 Accountant NAPLES, FLORIDA 34101 -3044 Auditor Custodian of County Funds 850 NWN, LLC 159 S. Main Street, Suite 500 Akron, OH 44309 RE: PUDA- PL2010 -845: City Gate Commerce Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Deputy Clerk Enclosure Phone (239) 252 -2646 Website: www.collierelerk.com Fax (239) 252 -2755 Email: col Iierclerk(i, coil ierclerk.com Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, October 15, 2010 1:32 PM To: Naples Daily News Legals Subject: PUDA- PL2010 -845 City Gate Commerce Park Attachments: PUDA- PL2010- 845.doc; PUDA- PL2010- 845.doc Hi there, Please advertise the attached on Sunday, October 24, 2010. Thank you O 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 17C 17C Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Friday, October 15, 2010 1:32 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT37204.txt; PUDA- PL2010 -845 City Gate Commerce Park This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Ann P. Jennejohn 17C From: Legals NDN [legals @naplesnews.com] Sent: Friday, October 15, 2010 3:29 PM To: Ann P. Jennejohn Subject: RE: PUDA- PL2010 -845 City Gate Commerce Park OK Emery an Lega( Dept. Napfes Daily News 1100Immokafee l?gad Napfes, FL. 34110 Legal Line: 239 - 213 -6061 Email: legalsa nap lesnews.com From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Friday, October 15, 2010 1:32 PM To: Legals NDN Subject: PUDA- PL2010 -845 City Gate Commerce Park Hi there, Please advertise the attached on Sunday, October 24, 2010. Thank you O Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239- 252 -8408 (Fax) Please visit us on the web at www.colliefclerk.coni This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskCalcollierclerk com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17C Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Monday, October 18, 2010 2:42 PM To: Ann P.Jennejohn Subject: Ad Confirmation Attachments: UAS2104.jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1873034 Total Ad Cost $295.50 Emely Pagan 213 -6061 NOTICE OF INTENT TO CONSIDER ORDINANCE 17C Notice is hereby given that on Tuesday, November 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3341 East Ta- miami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER$ OF COLLIER COUN- TY. FLORIDA, AMENDING ORDINANCE NO, 88 -93. THE CITY GATE COMMERCE DARK PLANNED UNiT DEVELOPMENT, BY DELETING SECTION VII CONTAINING THE RED COCKADED WOODPECKER MANAGEMENT PLAN; PROVIDING FOR CONFLICT AND SEVERABiLITY: AND PROVIDING AN EFFECTIVE DATE Petition PUDA- PL2014 -845, 850 NWN, LLC, CG 11, LLC & City Gate Development Inc, represented by Josh Fruth of Davidson Enggineering, Inc, are requesting an amend- ment to the Planned Unit: Development (PUD) for the City Gate Commerce Center PUD. This amendment seeks to amend Ordinance No 88 -93 to remove Section VII, entitled Red Cockaded Woodpecker Management Plan, to recognize that said Man- agement plan has been revised to conform to the City Gate I-lahtat Conservation Plan and the City Gate Federal Nish and Wildlife Permit The PUD, consisting of 287 acres, is located at the intersection of Collier Boulevard (CR 951) and City Gate Boulevard in Section 35, Township 49 East. Range 26 South, Collier County, Florida. 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 Coijnty administrator prior to presentation of tFie agenda item to he addressed. In- dividual speakers will be limited to 3 minutes on any item. The selection of an indi- vidual to speak on behalf of an or anization 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 grior 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 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 this 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 34114 (239) 152- 8384. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office BOARD DE COUNTY COMMISSIONERS COLLIER. COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E BROCK. CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 No1876034 17C Ann P. Jennejohn From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Sunday, October 24, 2010 12:30 AM To: Ann P. Jennejohn Subject: Thank you for placing your classified advertisement. Ad # 1873034 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, November 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, 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. 88 -93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY DELETING SECTION VII CONTAINING THE RED COCKADED WOODPECKER MANAGEMENT PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Petition: PUDA- PI2010 -845, 850 NWN, LLC, CG II, LLC & City Gate Development Inc., represented by Josh Fruth of Davidson Engineering, Inc., are requesting an amendment to the Planned Unit Development (PUD) for the City Gate Commerce Center PUD. This amendment seeks to amend Ordinance No. 88 -93 to remove Section VII, entitled Red Cockaded Woodpecker Management Plan, to recognize that said Management Plan has been revised to conform to the City Gate Habitat Conservation Plan and the City Gate Federal Fish and Wildlife Permit. The PUD, consisting of 287 acres, is located at the intersection of Collier Boulevard (CR 95 1) and City Gate Boulevard in Section 35, Township 49 East, Range 26 South, Collier County, Florida. 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 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 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. 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 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 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 No] 873034 You also have the exciting option to enhance your online advertisement with extended text, photos and even NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokamev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on October 24, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement: and affix t further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me This 29" day of October, 2010 (Signature of notary public) KARGL E KANGAS Notary public' - State of Florida *),7-' M14y Comm. Expires Jal 29. 2013 Commission # DD 912237 17C Np71SB @F NpENF TO CONSIDG OFUNNANCE Notice h hereoy wm thel on Tuesday, NWember 9, 2010, In the drocm, 3rd Floor, Adm Au CpBler County Gowmmerrt GMer, 3967 East Ta , joami Tm% ito iM Coati o} fnunty f MZm Wanx,} will wnsider the titl tlp dF .fallww n0 w1B esntat t P.06 A:kl. The AN TM WAN AND 9EVEBABN , aMB DWIGMftIRO(t(91K'. By: Ann lannelohrr;'06u clerk READ Bs am an dedsion off the Board va" road rasMd Of the twhhk .N kkiatl Me'liarl a wuWdm OrN and' eri- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines HI through H4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines u .. I through ga - a.m Leta tha rho t,No . ..A V­­-, ._ ":,--- L. a Route to Addressee(s) List in routing order Office Initials uucn'. Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) Applicable) 2. November 9, 2010 Agenda Item Number 17.C. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Ordinance n�0� Number of Original I 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 1 to 10 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the ACC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. (Initial) Applicable) Agenda Date Item was November 9, 2010 Agenda Item Number 17.C. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Ordinance n�0� Number of Original I Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHF.CKI,IST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from /0 contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC. Chairman and the Clerk to the Board �D 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. �D 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 1619 si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to'rallahassee within a certain 419 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC November 9, 2010 and all changes made during the meeting have been incorporated in the attached document. The County iD Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17 C ORDINANCE NO. 10 - 42 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 88 -93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY DELETING SECTION VII CONTAINING THE RED COCKADED WOODPECKER MANAGEMENT PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted (1) Ordinance No. 88 -93, the City Gate Commerce Park Planned Unit Development (the "PUD ") and (2) Development Order 88 -02 (the "Development Ordet ), which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal by the Florida Department of Community Affairs (DCA), a Settlement Agreement between Collier County and DCA resulted in Development Order 90- 4, Resolution No. 90 -431 dated August 28, 1990 (1990 DOA), which amended Section One: Conclusions of Law, Section 4, Vegetation and Wildlife /Wetlands, including paragraphs c and d (which were entitled "Off -Site Mitigation" and "Red Cockaded Woodpecker Management Plan ", respectively) of the Development Order; and WHEREAS, the provisions of the 1990 DOA are the currently effective provisions relating to Red Cockaded Woodpecker Management and mitigation; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Petitioner ") owns the PUD property east of the FPL Easement; and WHEREAS, the Petitioner, after formal consultation with the United States Fish and Wildlife Service ( USFWS), developed the City Gate Habitat Conservation Plan (City Gate HCP), which incorporates the latest Red - Cockaded Woodpecker ( "RC W ') management methods; and WHEREAS, the City Gate HCP was approved by the USFWS on March 30, 2009 and issued a Federal Fish &Wildlife Permit (City Gate Federal Permit) to the Petitioner on July 1, 2009; and Underlined text is added; Straeli through text is deleted. City Gate PUDA- PL2010 -845 Page 1 of 5 Rev. 11/09/10 17 y WHEREAS, the City Gate Federal Permit incorporates the most current RCW mitigation strategies; and WHEREAS, the RCW Management Plan in the 1988 PUD varies from the RCW management plan and mitigation strategies required by the City Gate HCP and City Gate Federal Permit; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, Petitioner, simultaneously with Petitioner's petition to amend the PUD in the manner set forth herein, has petitioned to amend the 1990 DOA to conform the RCW Management Plan and mitigation strategies of the Development Order to the RCW management and mitigation requirements of the City Gate HCP and Federal Permit respectively; and WHEREAS, upon the approval of Petition Number DOA- PL2010 -843 and the adoption of a resolution amending the 1990 DOA (the 2010 DOA), the operative RCW management and mitigations requirements for the City Gate DR]/PUD will be the requirements of the 2010 DOA; and WHEREAS, for clarity and administrative efficiency, both the County and Petitioner agree that: (1) the RCW management and mitigations requirements for the City Gate DRI/PUD will be the requirements of the City Gate HCP and Federal Permit respectively which shall be required by the 2010 DOA, and (2) that any actual or potential conflicts between the DRI and PUD with respect the RCW management and mitigation should be eliminated by deleting all provisions regarding RCW management and mitigation from the PUD, so that the requirements shall be only as set forth in the 2010 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16, 2010; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD to conform to the City Gate HCP and the City Gate Federal Permit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Underlined text is added; Stfu.' thfough text is deleted. City Gate PUDA- PL2010 -845 Page 2 of 5 Rev. 11 /09/10 17C SECTION ONE: AMENDMENTS TO SECTION VII OF THE PUD DOCUMENT IN ORDINANCE NO. 88 -93, THE CITY GATE COMMERCE PARK PUD. Ordinance 88 -93 is hereby amended as follows: Section VII of the PUD document is hereby deleted in its entirety: �- _ 0 MIA _ ; �- �- _ 0 Underlined text is added; StFueh thFaugh text is deleted. City Gate PUDA- PL2010 -845 Page 3 ol'5 Rev. 11/09/10 17C .- .. .. - _ . WWI - .: -- - - :. - - ... .. Underlined text is added; Strueti thrsegk text is deleted. City Gate PUDA- PL2010 -845 Page 4 of 5 Rev. 11/09/10 _ . WWI - .: Underlined text is added; Strueti thrsegk text is deleted. City Gate PUDA- PL2010 -845 Page 4 of 5 Rev. 11/09/10 SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this _Aday of N 1 I ✓'rV , 2010. ATTEST: " DWIGHTE,'3k41DQ ,,,CLERK By D uty erk Attest it is M "' signature wiq� Approved as to form and legal of iciency: H idi Ashton -Cicko Assistant County Attorney CPA10- CPS - 01034V19 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Underlined test is added; Neagh text is deleted. City Gate PUDA- PL2010 -845 Page 5 of 5 Rev. 11 /09/10 17G war STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010 -42 Which was adopted by the Board of County Commissioners on the 9th day of November, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of November, 2010. DWIGHT E. BROCK Clerk of Courts apd;Clerk Ex- officio to Board of County Commissioners. By: Martha Vergar" Deputy Clerk NAPLES DAILY NEVUS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokamev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a was published in said newspaper on October 24, 2010 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose ol'securing this advertisement for publication in the sAnewspaper. ( Signature of affiant) Sworn to and subscribed before me This 29`h day of October, 2010 '1 � (Signature of notary public) 17 Cw ttr�i�49�M1#tw+m CS+rWOIROxolnwrttE Fair h�yy on T Igtvamhtr §, xpt ' M sM ewrdrae a 3rd I�drNrAeir B� w."ra ee °n `i4«up ,xN me�sla.r me iMbtt w rop}nu'gt 9.Q6'AM. The ekte athepropaeA�e1 hn folbxa: nWtW to attNW Md W:t�iM C arc